Case: Johnston v. Roper

U.S. Court of Appeals for the Eighth Circuit

Johnston v. Crawford

Johnston v. Kemper

Johnston v. Kempker

Johnston v. Kempker

Johnston v. Kempker

Johnston v. Crawford

Johnston v. Crawford

Johnston v. Crawford

Johnston v. Crawford

COMPLAINT against defendant Eastern Reception, Diagnostic & Correctional Center, Missouri Department of Corrections, Potosi Correctional Center Waivers issued 3, Fee paid in the amount of $150,, filed by Timothy Johnston. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 08/16/2004)

WAIVER of Service issued defendant Eastern Reception, Diagnostic & Correctional Center, Missouri Department of Corrections, Potosi Correctional Center. filed by Timothy Johnston. (CDD, )

Receipt # S2004-009604 in the amount of $150.00 for CIVIL FILING FEE, CIVIL FILING FEE-2ND 1/2 on behalf of GORLA, MICHAEL J.. (CSW,)

WAIVER OF SERVICE Returned Executed filed by Gary B. Kemper, James Purkett, Donald P. Roper Gary B. Kemper waiver signed on 9/15/2004, answer due 11/15/2004; James Purkett waiver signed on 9/15/2004, answer due 11/15/2004; Donald P. Roper waiver signed on 9/15/2004, answer due 11/15/2004. (McElvein, Denise) (Entered: 09/15/2004)

ORDER - IT IS THEREFORE HEREBY ORDERED that Senior Judge Stephen N. Limbaugh recuses himself from this action. Signed by Judge Stephen N. Limbaugh on 10/4/04. (ARL) (Entered: 10/04/2004)

ORDER (JGW) IT IS HEREBY ORDERED that this case has been reassigned to the Honorable Donald J. Stohr, United States District Judge. In all future documents filed with the court, please use the following case number: 4:04CV1075 DJS. (ARL) (Entered: 10/05/2004)

ORDER OF INITIAL DISCOVERY; ORDERED plaintiff(s) shall forthwith serve process or mail waiver of service. ORDERED notwithstanding FRCP 26(d) and (f), any party who has entered an appearance may serve interrogatories and request for production or inspection upon plaintiff at any time and upon any other party after that party's entry of appearance. Parties shall respond to discovery requests w/in 30 days of service of discovery requests. No party may take oral depositions or serve requests for admissions prior to the Court's issuance of a CMO. As permitted by this Order, discovery shall commence immediately. FURTHER ORDERED plaintiff(s) shall serve a copy of this order along w/discovery requests to a party who has not entered an appearance as of the date of this order. Signed by Judge Donald J. Stohr on 10/6/04. (LGK, ) (Entered: 10/06/2004)

ENTRY of Appearance by Denise Garrison McElvein Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 10/14/2004)

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 10/14/2004)

Docket Text ORDER re 7 : Defendants' MOTION for Extension of Time to File Answer re 1 Complaint, GRANTED. Signed by Judge Donald J. Stohr on 10/18/04. (LCL)

MOTION to Dismiss Case by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 11/15/2004)

MEMORANDUM in Support of Motion re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 11/15/2004)

MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss Case by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 11/16/2004)

Docket Text ORDER re 10 : Plaintiff's MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss Case, GRANTED. Signed by Judge Donald J. Stohr on 11/17/04. (LCL)

RESPONSE in Opposition re 8 MOTION to Dismiss Case filed by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Plaintiff's Exhibit A)(Gorla, Michael) (Entered: 12/06/2004)

MOTION for Extension of Time to File Response/Reply as to 11 Response in Opposition to Motion by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 12/14/2004)

Docket Text ORDER: Defendants' Motion for Extension of Time [Doc. #12] is GRANTED, and defendants may reply in support of their motion to dismiss no later than December 20, 2004. Signed by Judge Donald J. Stohr on 12/15/2004. (DKW)

REPLY (to termed motion) re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (Attachments: # 1)(McElvein, Denise) (Entered: 12/20/2004)

MOTION to Compel Defendant Kempker's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

MOTION to Compel Defendant Roper's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

MOTION to Compel Defendant Purkett's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories, 15 MOTION to Compel Defendant Roper's Answers to Interrogatories, 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 03/09/2005)

Docket Text ORDER re 17 : Defendants' MOTION for Extension of Time to File Response/Reply as to [14, 15 and 16] MOTIONS to Compel, GRANTED. Signed by Judge Donald J. Stohr on 3/10/05. (LCL)

RESPONSE in Opposition re 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories filed by Defendant Gary B. Kemper. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McElvein, Denise) (Entered: 03/22/2005)

RESPONSE in Opposition re 15 MOTION to Compel Defendant Roper's Answers to Interrogatories filed by Defendant Donald P. Roper. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 03/22/2005)

RESPONSE in Opposition re 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories filed by Defendant James Purkett. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 03/22/2005)

MOTION for Leave to File Additional Authority by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 03/25/2005)

Docket Text ORDER: Plaintiff's Motion for Leave of Court to File Additional Authority [Doc. #21] is granted. Signed by Judge Donald J. Stohr on 3/28/2005. (DKW)

MEMORANDUM in Support of Motion re 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories, 15 MOTION to Compel Defendant Roper's Answers to Interrogatories, 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 03/31/2005)

MOTION to Supplement 8 MOTION to Dismiss Case by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 04/14/2005)

Supplemental Memorandum in Support of Motion to dismiss (#8) (McElvein, Denise) Modified on 4/18/2005 (JWJ, ). (Entered: 04/14/2005)

ORDER granting 23 Motion to Supplement IT IS HEREBY ORDERED that defendants Supplemental Motion To Dismiss is construed as a motion for leave to supplement their earlier filed motion to dismiss, and so construed is granted. IT IS FURTHER ORDERED that the Clerk shall correct the docket entry of doc #24 from motion to supplement, ect to Supplemental Memorandum in support of motion to dimsiss. IT IS FURTHER ORDERED that plaintiff may file a memorandum in response to defendants supplemental memorandum no later than 4/28/05 and defendants may file a reply no later than 5/10/05 Signed by Judge Donald J. Stohr on 4/18/05. (JWJ, ) (Entered: 04/18/2005)

MOTION to Substitute Party by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 04/28/2005)

RESPONSE in Opposition re 8 MOTION to Dismiss Case - Supplemental Memorandum in Support filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 04/28/2005)

MOTION to Intervene and MOTION to Appoint Counsel by Movant Donald J. Hall. (MRC, ) (Entered: 05/10/2005)

REPLY to Response to Motion re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 05/10/2005)

MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Appoint Counsel MOTION to Intervene by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 05/16/2005)

Docket Text ORDER re 30 : Defendants' MOTION for Extension of Time to May 27, 2005, to File Response/Reply as to 29 MOTION to Intervene, GRANTED. Signed by Judge Donald J. Stohr on 5/17/05. (LCL)

ORDER RECEIPT: (see receipt) Wed May 18 10:10:19 CDT 2005 (LGK, )

***REMARK - coy of order dated 5/17/04 mailed to Donald Hall at Potosi Correctional Center. (LGK, )

RESPONSE in Opposition re 29 MOTION to Appoint Counsel MOTION to Intervene opposition applies only to 29 Motion to Intervene filed by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 05/27/2005)

REPLY to Response to Motion re 29 MOTION to Intervene filed by Movant Donald J. Hall. (KXS, ) (Entered: 06/08/2005)

IT IS HEREBY ORDERED that the motion to dismiss of defendants Kempker, Roper and Purkett [Doc. #8] is denied.IT IS FURTHER ORDERED that plaintiff's unopposed motion for substitution of party under Fed.R.Civ.P. 25(d) [Doc. #26] is granted.IT IS FURTHER ORDERED that, as the current Director of the Missouri Department of Corrections, Larry Crawford is substituted in place of Gary B. Kempker as party-defendant. The Clerk shall reflect the substitution on the docket, and the parties shall henceforth reflect the substitution in the caption of the case. Larry Crawford rep by Denise Garrison McElvein added. Gary B. Kemper terminated, denying 8 Motion to Dismiss Case. Signed by Judge Donald J. Stohr on 6/13/05. (JWJ) (Entered: 06/13/2005)

ORDER RECEIPT: (see receipt) Mon Jun 13 15:36:21 CDT 2005 (JWJ, )

ORDER IT IS HEREBY ORDERED that the motion of Donald J. Hall tointervene and for appointment of counsel [Doc. #29] is denied. Signed by Judge Donald J. Stohr on 6/22/05. (JWJ, ) (Entered: 06/22/2005)

ORDER RECEIPT: (see receipt) Wed Jun 22 11:32:16 CDT 2005 (JWJ, )

ORDER REQUIRING JOINT PROPOSED SCHEDULING PLAN This case is assigned to Track: Complex Joint Scheduling Plan due by 7/11/2005.. Signed by Judge Donald J. Stohr on 6/22/05. (JWJ, ) (Entered: 06/22/2005)

ORDER RECEIPT: (see receipt) Wed Jun 22 11:35:22 CDT 2005 (JWJ, )

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 06/22/2005)

Docket Text ORDER re 36 : Defendants' MOTION for Extension of Time to File Answer re 1 Complaint, GRANTED. Signed by Judge Donald J. Stohr on 6/22/05. (LCL)

ORDER IT IS HEREBY ORDERED that plaintiff's motions to compeldefendant Kempker?s (now Crawford's), defendant Roper's and4defendant Purkett's answers to interrogatories [Docs. #14, #15, and#16] are granted in part as follows, and denied in part.IT IS FURTHER ORDERED that the parties shall conferforthwith and employ their best efforts to formulate a mutuallyacceptable proposed protective order appropriately limiting the useand disclosure of the identities of corrections personnel involvedin executions. Within fourteen (14) days of the date of thisorder, the parties shall file a joint motion for the entry of aprotective order, accompanied by their agreed-upon proposed order.In the event that the parties fail to reach complete agreement,their joint motion should be accompanied by a proposed orderincluding all the terms to which the parties agree, and the motionshould set forth, for each disputed issue, each party's proposedlanguage.IT IS FURTHER ORDERED that, within twenty (20) days ofthe Court's entry of a protective order as contemplated above,defendants shall serve on plaintiff their full and completeresponses to : Interrogatory 1;Interrogatory 2, except as to subpart (k); Interrogatory 3, limited to the last four Missouri executions; Interrogatory 4, except as to subpart (h) and limited to thelast ten Missouri executions;5 Interrogatory 5, limited to the time period from 2000 topresent; and Interrogatory 6, limited to the last four Missouri executions. Signed by Judge Donald J. Stohr on 6/2/05. (JWJ, ) (Entered: 06/23/2005)

Joint MOTION for Extension of: Time to File Joint Proposed Scheduling Plan by Defendants Larry Crawford, Donald P. Roper, James Purkett, Plaintiff Timothy Johnston. (McElvein, Denise) (Entered: 06/28/2005)

Docket Text ORDER re 38 : Joint MOTION for Extension of Time to August 1, 2005 to File Joint Proposed Scheduling Plan, GRANTED. Signed by Judge Donald J. Stohr on 6/29/05. (LCL)

ANSWER to Complaint with Jury Demand by Larry Crawford, Donald P. Roper, James Purkett.(McElvein, Denise) (Entered: 06/30/2005)

MOTION for Extension of Time to File ;Extension to file the following: Joint Motion for Entry of a Protective Order ;Proposed extension date July 25, 2005 by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 07/07/2005)

Docket Text ORDER re 40 : MOTION for Extension of Time to July 25, 2005, to File a Joint Motion for Entry of a Protective Order, GRANTED. Signed by Judge Donald J. Stohr on 7/8/05. (LCL)

Joint MOTION for Extension of: Time to File Joint Motion For Protective Order and Draft of Agreed Protective Order by Defendants Larry Crawford, Donald P. Roper, James Purkett, Plaintiff Timothy Johnston. (McElvein, Denise) (Entered: 07/25/2005)

ORDER IT IS HEREBY ORDERED that the parties' joint motion forextension of time [Doc. #41] is granted. The parties shall filetheir Joint Motion for Protective Order and Agreed Protective Orderno later than August 1, 2005. Signed by Judge Stephen N. Limbaugh on 7/26/05. (KXS, ) (Entered: 07/26/2005)

JOINT SCHEDULING PLAN by Plaintiff Timothy Johnston.. (Gorla, Michael) (Entered: 08/01/2005)

Joint MOTION for Protective Order by Defendants Unknown Executioners, Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1)(McElvein, Denise) (Entered: 08/01/2005)

PROTECTIVE ORDER IT IS HEREBY ORDERED that the parties' joint motion forthe entry of a protective order [Doc. #44] is granted and theparties' agreed protective order is approved by the Court subjectto the following limitations. By its approval of the stipulatedprotective order, the Court in no way limits its authority anddiscretion to determine the following: (1) in each instance inwhich a party desires to file any material with the Court underseal, whether or not to permit the material to be filed under seal;(2) the extent to which any confidentiality considerations shall inany way govern the use of any material in any proceedings beforethe Court; and (3) the disposition of sealed Court filings beforeor after termination of these proceedings. Any and all provisionsof the stipulated protective order which conflict with theselimitations are disapproved to the extent that they so conflict. IT IS FURTHER ORDERED that any motion relating to theprotective order shall be subject to the requirements of E.D.Mo.L.R. 3.04(A). Signed by Judge Stephen N. Limbaugh on 8/3/05. (KXS, ) (Entered: 08/03/2005)

MOTION to Expedite Defendants' Answers to Plaintiff's Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/05/2005)

MOTION to Expedite a Hearing on the Merits by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/08/2005)

MEMORANDUM in Support of Motion re 47 MOTION to Expedite a Hearing on the Merits filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/08/2005)

ORDER - IT IS HEREBY ORDERED that plaintiff's motion for order expediting defendants' answers to plaintiff's interrogatories is Granted. Defendant shall no later than August 13, 2005 shall serve on plaintiff their full and complete responses to: [See Order For Complete Details] IT IS FURTHER ORDERED that defendants' motion to expedite a hearing on the merits is Denied.re 47 MOTION to Expedite a Hearing on the Merits filed by James Purkett,, Donald P. Roper,, Larry Crawford,, 46 MOTION to Expedite Defendants' Answers to Plaintiff's Interrogatories filed by Timothy Johnston, . Signed by Judge E. Richard Webber on 8/8/2005. (MRC, ) (Entered: 08/08/2005)

AFFIDAVIT re 48 Memorandum in Support of Motion by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/08/2005)

DECLARATION filed by Defendants Larry Crawford, Donald P. Roper, James Purkett re 48 Memorandum in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McElvein, Denise) (Entered: 08/09/2005)

AFFIDAVIT re 48 Memorandum in Support of Motion by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McElvein, Denise) (Entered: 08/09/2005)

MOTION for Reconsideration re 49 Order,, the Part of the Order Requiring Disclosures of the Names of Those who will Carry Out Plaintiff's Lethal Injection by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit)(McElvein, Denise) (Entered: 08/12/2005)

ORDER IT IS HEREBY ORDERED that defendant's motion to reconsider[Doc. #53] is denied. Signed by Judge E. Richard Webber on 8/12/05. (JWJ, ) (Entered: 08/12/2005)

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/15/2005)

Letter to Judge Stohr from defendant's counsel (KXS, ) (Entered: 08/15/2005)

Copy of petition for writ of prohibition filed in the Eighth Circuit Court of Appeals (Attachments: # 1 Exhibits) (KXS, ) (Entered: 08/15/2005)

MOTION for Summary Judgment by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/16/2005)

MEMORANDUM in Support of Motion re 58 MOTION for Summary Judgment and for a Hearing on the Merits filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Crawford# 2 Affidavit Dershwitz# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Statement of Uncontroverted Material Facts)(McElvein, Denise) (Entered: 08/16/2005)

MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/16/2005)

LETTER from USCA Appeal #: 05-3228 regarding petition for writ of prohibition being filed.(JWJ, ) (Entered: 08/17/2005)

RESPONSE in Opposition re 60 MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 08/17/2005)

REPLY to Response to Motion re 60 MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/17/2005)

Copy of Answer to petition for immediate writ of prohibition filed with the USCA. (KXS, ) (Entered: 08/18/2005)

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 08/18/2005)

MEMORANDUM in Support of Motion re 65 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Timothy Johnston. (Attachments: # 1 # 2 # 3 # 4)(Gorla, Michael) (Entered: 08/18/2005)

Appeal Remark USCA Appeal #: 05-3228 (copy of petitioners reply in support of their petition for immediate writ of prohibition) filed in the district court record. (JWJ, ) (Entered: 08/22/2005)

REASSIGNMENT ORDER (jgw). - IT IS HEREBY ORDERED that the case is transferred to United States District Judge Charles A. Shaw. Judge Donald J. Stohr termed. Case reassigned to Judge Charles A. Shaw for all further proceedings (MRC, ) (Entered: 08/22/2005)

ORDER IT IS HEREBY ORDERED that an evidentiary hearing ondefendants' motion for summary judgment and plaintiff's motion fortemporary restraining order and preliminary injunction is setbefore the undersigned in Courtroom 12 North at 11:00 a.m. onFriday, August 26, 2005.IT IS FURTHER ORDERED that defendants' motion to expediteplaintiff's responses to defendants' motion for summary judgment[Doc. #60] is granted as follows.IT IS FURTHER ORDERED that plaintiff shall electronicallyfile his memorandum in opposition to the motion for summaryjudgment no later than 3:00 p.m. on Wednesday, August 24, 2005, anddefendants shall electronically file their reply no later than noonon Thursday, August 25, 2005. IT IS FURTHER ORDERED that defendants shallelectronically file their memorandum in opposition to the motionfor temporary restraining order and preliminary injunction no laterthan 3:00 p.m. on Wednesday, August 24, 2005, and plaintiff shallelectronically file his reply no later than noon on Thursday,August 25, 2005. Signed by Judge Charles A. Shaw on 8/22/05. (JWJ, ) (Entered: 08/22/2005)

RESPONSE in Opposition re 65 MOTION for Temporary Restraining Order and Preliminary Injunction and Further Support of Motion for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Crawford# 2 Affidavit Dershwitz# 3 Exhibit A. Affidavit of Dershwitz# 4 Exhibit B. Affidavit of Dershwitz# 5 Exhibit C. Affidavit of Dershwitz# 6 Exhibit D. Affidavit of Dershwitz# 7 2nd Declaration of Dershwitz)(McElvein, Denise) (Entered: 08/23/2005)

MOTION to Seal Document by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/23/2005)

MOTION to Continue and Postpone Summary Judgment Decision to Permit Adequate Discovery by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/23/2005)

ORDER IT IS HEREBY ORDERED that plaintiff's motion forcontinuance and postponement of summary judgment decision to permitadequate discovery [Doc. #72] is denied.IT IS FURTHER ORDERED that defendants' motion to fileunder seal [Doc. #71] is granted, and defendants are granted leaveto submit defendant Crawford's original and supplementalinterrogatory answers under seal. Signed by Judge Charles A. Shaw on 8/23/05. (KXS, ) (Entered: 08/23/2005)

SUPPLEMENTAL EXHIBIT: Defendant Crawford's Answers to Plaintiff's First Set of Interrogatories. re 70 Response in Opposition to Motion, by Defendant Larry Crawford.FILED UNDER SEAL(MRC, ) (Entered: 08/24/2005)

SUPPLEMENTAL EXHIBIT: First Supplemental Answers to Plaintiff's First Set of Interrogatories. re 70 Response in Opposition to Motion, by Defendant Larry Crawford.FILED UNDER SEAL (MRC, ) (Entered: 08/24/2005)

Appeal Remark USCA Appeal #: 05-3228 (copy of Motion for rehearing or rehearing en banc ) filed in the district court record(JWJ, ) (Entered: 08/24/2005)

MEMORANDUM in Opposition re 58 MOTION for Summary Judgment filed by Plaintiff Timothy Johnston. (Attachments: # 1 # 2)(Gorla, Michael) (Entered: 08/24/2005)

ORDER of USCA USCA Appeal #: 05-3228 Petition for writ of prohibition has been considered by the Court and is denied.(KXS, ) (Entered: 08/26/2005)

MOTION for Leave to Attach Affidavits Which Have Been Previously Filed to Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment by Plaintiff Timothy Johnston. (Attachments: # 1 # 2 # 3 # 4)(Gorla, Michael) (Entered: 08/25/2005)

REPLY to Response to Motion re 58 MOTION for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Dershwitz# 2 Exhibit A. Affidavit Dershwitz# 3 Exhibit B. Affidavit Dershwitz# 4 Exhibit C. Affidavit Dershwitz# 5 Exhibit D. Affidavit Dershwitz# 6 Declaration of Dershwitz)(McElvein, Denise) (Entered: 08/25/2005)

MOTION to Seal Document by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/25/2005)

REPLY to Response to Motion re 65 MOTION for Temporary Restraining Order and Preliminary Injunction Memorandum in Opposition filed by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/25/2005)

ORDER IT IS HEREBY ORDERED that plaintiff's motion for leave to attach affidavits which havebeen previously filed to plaintiff's memorandum in opposition to defendants' motion for summaryjudgment [Doc. #78] is granted, and the affidavits attached to the motion [Docs. #78.1 through#78.4] will be construed as submitted in support of plaintiff's memorandum in opposition [Doc. #77].IT IS FURTHER ORDERED that defendants' motion to file under seal [Doc. #80] isgranted, and defendants are granted leave to submit defendant Crawford?s original and supplementalinterrogatory answers under seal.Signed by Judge Charles A. Shaw on 8/25/05. (JWJ, ) (Entered: 08/25/2005)

SUPPLEMENTAL EXHIBIT: Defendant Crawford's Answers To Plaintiff's First Set of Interrogatories re 79 Reply to Response to Motion, by Defendant Larry Crawford. FILED UNDER SEAL(MRC, ) (Entered: 08/26/2005)