Case: Gilbert v. Rogers Sch. Dist. No. 5

Gilbert v. Rogers Sch. Dist. 5

CLASS ACTION COMPLAINT (Summons(es) issued); Consent form sent (fee status: pd ) (C2J) (crp, Dpty Clk) (Entered: 01/13/1997)

WAIVER OF SERVICE OF SUMMONS by defendant Rogers Sch Dist 5 on 1/9/97, signed 1/23/97 by Leroy Johnson, Clerk of Bd of Education (C2J) (crp, Dpty Clk) (Entered: 03/05/1997)

WAIVER OF SERVICE OF SUMMONS by defendant Perry Adams on 1/9/97, signed 1/23/97 (crp, Dpty Clk) (Entered: 03/05/1997)

ANSWER by defendant Rogers Sch Dist 5, defendant Perry Adams to [1−1] (C2J) (crp, Dpty Clk) (Entered: 03/13/1997)

MINUTE ORDER: It is hereby ordered that a CMC/STATUS HRG is set for 1:15 p.m. on 4/24/97 before Judge Holmes. Parties are to file a joint CMC Plan at least four working days prior to the CMC. (SEH−J)(cc: all counsel) (djh, Dpty Clk) (Entered: 03/26/1997)

CASE MANAGEMENT PLAN Received (pll, Dpty Clk) (Entered: 04/21/1997)

MOTION by plaintiffs to certify class action (o2j) (pll, Dpty Clk) (Entered: 04/24/1997)

BRIEF by plaintiff Willie Gilbert, plaintiff Marilyn Gilbert, plaintiff Boyd Louderback, plaintiff Debra Louderback, plaintiff Douglas R Jacobsen, plaintiff Susan G Jacobsen in support of motion to certify class action (C2J) [3−1] (crp, Dpty Clk) (Entered: 04/24/1997)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 4/24/97 ; stat/case discussed; pltf req ct/rule upon whether can proceed as class actn−deft has no obj−ct enters ord for class actn certif; pltf req hrg/hrg w/Mr. Adams present−hrg will be set after ntc by pties such hrg is approp; pltf &ct discusses 30 day statuses. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 04/24/1997)

ORDER by Judge Sven Erik Holmes regarding motion to certify class action [3−1]; the action is certified as a class (See O for definition of class); Plfs need not provide any formal ntc to any members of the certified class (cc: all counsel) (crp, Dpty Clk) (Entered: 04/25/1997)

REMARK: Per Mr. Yasser, the dmg clm is being dism &a stat hrg is needed. (djh, Dpty Clk) (Entered: 04/30/1997)

MINUTE ORDER: IT IS HEREBY ORDERED THAT a STATUS HRG is set for 12:30 p.m. on 5/6/97 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 05/01/1997)

REMARK: Pties phoned by CRD re: 5/6/97 stat hrg. (djh, Dpty Clk) (Entered: 05/01/1997)

REMARK: The minute ord of 5/5/97 reflects the 8:45 a.m. status hrg on 5/6/97 is stricken; it should read the 12:30 p.m. status hrg on 5/6/97 is stricken. (djh, Dpty Clk) (Entered: 05/12/1997)

MINUTES of CMC/Status Hrg: Ct orders that tour of facilities should take place first, then pltfs provide bill of particulars; 1st monthly status hrg set for 6/12/97 at 3:15 p.m. by Judge Sven Erik Holmes (CR−G. Dorrough) (lmc, Dpty Clk) (Entered: 05/15/1997)

JOINT STIPULATION OF DISMISSAL OF INDIVIDUAL DEFENDANT (PERRY ADAMS) (w/prej) (C2J) (crp, Dpty Clk) (Entered: 05/15/1997)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 6/12/97 , pties had tour on 6/4/97; pltf has prov prel ltr to defts; STATUS HRG set for 3:30 p.m. on 7/17/97 (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 06/13/1997)

MINUTE ORDER: IT IS HEREBY ORDERED that the Status Hearing set for 3:30 p.m. on 7/17/97 is moved up and the STATUS HRG is reset for 1:00 p.m. on 7/17/97 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 06/26/1997)

MINUTES of continued status hrg by Judge Sven Erik Holmes: parties state that everything is going well; Ct will enter a scheduling order at the next status hrg set for 8/29/97 at 12:30 (CR−G.Dorrough) (lmc, Dpty Clk) (Entered: 07/17/1997)

REMARK−called all parties re change in status hrg from 12:30 to 1:00 on 8/29/97 (lmc, Dpty Clk) (Entered: 08/28/1997)

MINUTES of status hrg by Judge Sven Erik Holmes: pltf states that progress is still being made; pltf req depo of superintendent, Mr. Adams−Ct allows w/in 30 days; parties wish to cont stlmt proceedings; pltf req another on site visit−no obj (but dft was not aware)−Ct will not set another visit until most everything is done; STATUS HRG reset for 12:30 10/17/97 (CR−Gl Dorrough) (lmc, Dpty Clk) (Entered: 09/02/1997)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 10/17/97 ; pties prov ct w/oral stat rpt; agrd upon stmt of facts due 12/12/97 − soon thereafter ct will have a hrg to visit the facility &then set a brfing sched; ct will attempt to visit school on 12/19/97.(G. Dorrough−CR) (djh, Dpty Clk) (Entered: 10/20/1997)

LETTER from atty Karen Long confirming matters agreed to at time of status hrg on 10/17/97 (fe, Dpty Clk) (Entered: 12/12/1997)

STIPULATION − PARTICIPATION by Plaintiffs and Defendants (C2J) (sac, Dpty Clk) (Entered: 12/15/1997)

MINUTE ORDER: IT IS HEREBY ORDERED that a STATUS HRG is set for 1:30 p.m. on 2/26/98 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 02/24/1998)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 2/26/98 , pties are close to settling; STATUS HRG cont to 8:30 4/9/98 (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 02/26/1998)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 4/9/98 , pties rpt a tentative agrmt has been reached; STATUS HRG set for 1:15 p.m. on 5/8/98 , final stlmt agrmt due 5/8/98; brfs on attys fee issue due 5/11/98; resp due 15 days thereafter; MOT/ATTY FEES HRG set for 12:30 p.m. on 5/27/98 .(G. Dorrough−CR) (djh, Dpty Clk) (Entered: 04/09/1998)

MINUTE ORDER: IT IS HEREBY ORDERED that a Status Hearing is set for 1:15 p.m. on 5/8/98 and a Motion for Attorney Fees Hearing is set for 12:30 p.m. on 5/27/98. Final Settlement Agreement due 5/8/98. Briefs on attorney fees due 5/11/98 and responses are due 15 days thereafter. (SEH−J)(cc: all counsel) (djh, Dpty Clk) (Entered: 04/09/1998)

BRIEF by plaintiffs in support of motion for attorney fees and costs [8−1], [8−2] (lmc, Dpty Clk) (Entered: 05/08/1998)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 5/8/98 , pties prov ct w/agrmt tht has been reached; pltf moves for dism−no obj frm deft−ct gr &pties to prep prop dism ord for the ct's signature. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 05/08/1998)

NOTICE (Settlement Agreement) by parties (fe, Dpty Clk) (Entered: 05/11/1998)

RESPONSE (BRIEF IN OPPOSITION) by defendant Rogers Sch Dist 5 to motion for attorney fees [8−1], to motion for costs (C2J) [8−2] (crp, Dpty Clk) (Entered: 05/27/1998)

MINUTES: by Judge Sven Erik Holmes: Mot/Atty Fees Hrg held on 5/27/98 , pltf req time to resp to deft's resp to pltf's mot/atty fees &csts−due 6/5/98; hrg cont to 1:00 p.m. on 6/12/98 before Judge Holmes; deft to prep prop ord; rpt of addtl info re: atty fees issue due 6/8/98. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 05/27/1998)

ATTORNEY APPEARANCE for defendant Rogers Sch Dist 5 by Jonathan E Shook (C2J) (crp, Dpty Clk) (Entered: 05/28/1998)

PROPOSED Order re m/atty fees and costs (sent to Judge) (crp, Dpty Clk) (Entered: 06/04/1998)

REPLY by plaintiff Susan G Jacobsen, plaintiff Douglas R Jacobsen, plaintiff Debra Louderback, plaintiff Boyd Louderback, plaintiff Marilyn Gilbert, plaintiff Willie Gilbert to response to motion for attorney fees [8−1], motion for costs (C/J) [8−2] (crp, Dpty Clk) (Entered: 06/08/1998)

LETTER from Pltfs' cnsl, Ray Yasser re m/atty fees (C2J) (crp, Dpty Clk) (Entered: 06/08/1998)

STATUS REPORT by defendant Rogers Sch Dist 5 re fee negotiations (C2J) (crp, Dpty Clk) (Entered: 06/08/1998)

TRANSCRIPT of in−court hrg before Judge Sven Erik Holmes for date(s) of: 5/27/98 (C/R Glen R. Dorrough; 13 pgs) (crp, Dpty Clk) (Entered: 06/11/1998)

ORDER by Judge Sven Erik Holmes re mtn for attorney fees [8−1] and mtn for costs [8−2]; 1) cnsl for ptys will meet before 6/8/98 and seek to resolve fee dispute 2) ptys will file jt status rpt w/Crt on/before 6/8/98 advising Crt as to discussions and results of conference to settle fee dispute 3) hearing on motion for attorney fees is set for 1:00 p.m. on 6/12/98 (cc: all counsel) (crp, Dpty Clk) (Entered: 06/11/1998)

TRANSCRIPT of in−court hrg before Judge Sven Erik Holmes for date(s) of: 5/8/98 (C/R Glen R. Dorrough; 5 pgs) (crp, Dpty Clk) (Entered: 06/11/1998)

MINUTES: by Judge Sven Erik Holmes Mot hearing held on 6/12/98 ; argmts heard on mot/atty fees−MUA. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 06/12/1998)

ORDER by Judge Sven Erik Holmes regarding motion for attorney fees [8−1], regarding motion for costs [8−2]; Crt finds that Pltfs are entitled to reasonable attys' fees; that a reduction in the lodestar amnt is appropriate; this reduction in no way reflects adversely on the high quality of the legal work in this matter; Crt awards amnt of $7,087.50 for Professor yasser and $10,012.50 for Mr. Schiller as reasonable attys' fees; Crt awards Mr. Schiller an hourly rate of $150.00/hour; Professor Yasser is entitled reasonable costs in amnt of $78.75 and Mr. Schiller is entitled to reasonable costs in amnt of $1,736.66; Crt awards Pltfs fees in total amnt of $17,100.00 and costs in total amnt of $1,815.41 (cc: all counsel) (crp, Dpty Clk) (Entered: 06/16/1998)

Joint STIPULATION OF DISMISSAL by defendant Rogers Sch Dist 5, and plaintiffs Susan G Jacobsen, Douglas R Jacobsen, Debra Louderback, Boyd Louderback, Marilyn Gilbert, Willie Gilbert ; CASE DISMISSED w/prejudice (lmc, Dpty Clk) (Entered: 07/23/1998)