1
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COMPLAINT and JURY TRIAL DEMAND re violations of civil rights (Cause Code: 42:1983cv) (Receipt # 406747) (former employee) (Entered: 10/30/1998)
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Oct. 29, 1998
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Oct. 29, 1998
PACER
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2
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ORDER Setting Discovery Schedule discovery due 2/26/99 pretrial order due 3/29/99 (former employee) (Entered: 10/30/1998)
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Oct. 29, 1998
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Oct. 29, 1998
PACER
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3
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SUMMONS ISSUED as to Defendant David Schumacher (former employee) (Entered: 10/30/1998)
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Oct. 29, 1998
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Oct. 29, 1998
PACER
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4
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SUMMONS ISSUED as to Defendant David S Cook (former employee) (Entered: 10/30/1998)
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Oct. 29, 1998
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Oct. 29, 1998
PACER
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5
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RETURN OF SERVICE EXECUTED upon Defendant David S Cook on 11/5/98 (former employee) (Entered: 11/17/1998)
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Nov. 16, 1998
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Nov. 16, 1998
PACER
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6
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RETURN OF SERVICE EXECUTED upon Defendant David Schumacher on 11/5/98 (former employee) (Entered: 11/17/1998)
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Nov. 16, 1998
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Nov. 16, 1998
PACER
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7
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ANSWER by Defendants David S Cook, David Schumacher to complaint [1-1] (former employee) (Entered: 11/17/1998)
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Nov. 16, 1998
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Nov. 16, 1998
PACER
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8
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AMENDED CERTIFICATE OF SERVICE of answer [7-1] by Defendants (former employee) (Entered: 11/20/1998)
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Nov. 19, 1998
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Nov. 19, 1998
PACER
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9
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MOTION by Defendant TO EXTEND TIME TO FILE MOTION FOR S/J (former employee) (Entered: 02/19/1999)
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Feb. 18, 1999
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Feb. 18, 1999
PACER
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10
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AFFIDAVIT by Defendant of Jan Peter Londahl re: MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] (former employee) (Entered: 02/19/1999)
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Feb. 18, 1999
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Feb. 18, 1999
PACER
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11
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RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Defendants MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] dispositive motions due 3/26/99 (counsel notified) (former employee) (Entered: 02/22/1999)
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Feb. 18, 1999
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Feb. 18, 1999
PACER
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12
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MOTION by Defendants FOR SUMMARY JUDGMENT (former employee) (Entered: 03/26/1999)
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March 25, 1999
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March 25, 1999
PACER
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13
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MEMORANDUM IN SUPPORT by Defendants of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)
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March 25, 1999
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March 25, 1999
PACER
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14
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CONCISE STATEMENT OF MATERIAL FACTS by Defendants in support of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)
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March 25, 1999
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March 25, 1999
PACER
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15
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RECORD OF ORDER by Honorable Malcolm F. Marsh TAKING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 4/26/99 (counsel notified) Court Rptr none (former employee) (Entered: 03/30/1999)
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March 29, 1999
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March 29, 1999
PACER
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16
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SUPPLEMENTAL ATTACHMENTS to Rich Holder's affidavit in support of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 04/05/1999)
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April 1, 1999
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April 1, 1999
PACER
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17
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MOTION by Plaintiffs TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J (former employee) (Entered: 04/07/1999)
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April 6, 1999
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April 6, 1999
PACER
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18
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RECORD OF ORDER: GRANTING Plaintiffs 4/6/99 MOTION TO EXTEND TIME FOR FILING OPPOSITION TO Defendants MOTION FOR S/J AND CROSS-MOTION FOR S/J. Plaintiff deadline to file oppposition extended from 4/8/99 to 5/8/99. Under advisement deadline for Defendants MOTION FOR S/J [12-1] extended from 4/26/99 to 5/26/99 by Honorable Malcolm F. Marsh (counsel notified) (former employee) (Entered: 05/05/1999)
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April 6, 1999
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April 6, 1999
PACER
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19
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RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J [17-1] Response to dispositive motions due 6/7/99 RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 6/23/99 (counsel notified) (former employee) Modified on 05/05/1999 (Entered: 05/05/1999)
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May 4, 1999
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May 4, 1999
PACER
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20
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MOTION by Plaintiffs TO EXTEND TIME TO RESPOND TO Defendants MOTION FOR S/J [12-1] (former employee) Modified on 06/28/1999 (Entered: 05/06/1999)
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May 4, 1999
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May 4, 1999
PACER
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21
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NOTICE OF CROSS MOTION & CROSS MOTION by Plaintiffs FOR SUMMARY JUDGMENT (former employee) Modified on 06/28/1999 (Entered: 06/07/1999)
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June 7, 1999
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June 7, 1999
PACER
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22
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MEMORANDUM by Plaintiffs IN OPPOSITION to Defendant's MOTION FOR SUMMARY JUDGMENT [12-1] Reply due 6/21/99; o/a requested(former employee) Modified on 06/28/1999 (Entered: 06/07/1999)
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June 7, 1999
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June 7, 1999
PACER
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23
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OBJECTIONS (Articulation of) by Plaintiffs to Defendants statement [14-1] and articulation of relevant material facts(former employee) Modified on 06/28/1999 (Entered: 06/08/1999)
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June 7, 1999
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June 7, 1999
PACER
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24
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MOTION by Defendants TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)
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June 14, 1999
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June 14, 1999
PACER
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25
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AFFIDAVIT by Defendants of Jan Peter Londahl re: MOTION TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)
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June 14, 1999
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June 14, 1999
PACER
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26
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RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Defendants MOTION TO EXTEND TIME TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1]; Response due 7/19/99; S/J Motion taken under advisement as of 7/23/99 (counsel notified) (former employee) Modified on 06/28/1999 (Entered: 06/15/1999)
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June 14, 1999
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June 14, 1999
PACER
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27
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RECORD OF ORDER by Honorable Malcolm F. Marsh RESETTING the taking of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] & Plaintiffs CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 7/23/99 (counsel notified) Court Rptr none (former employee) Modified on 06/28/1999 (Entered: 06/28/1999)
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June 25, 1999
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June 25, 1999
PACER
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28
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OBJECTIONS by Defendants TO PLAINTIFFS' CONCISE STATEMENT [22-1] (ljl) (Entered: 07/20/1999)
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July 19, 1999
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July 19, 1999
PACER
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29
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REPLY AND MEMORANDUM IN RESPONSE by Defendant to CROSS-MOTION FOR SUMMARY JUDGMENT [21-1] (ljl) (Entered: 07/20/1999)
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July 19, 1999
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July 19, 1999
PACER
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30
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SUPPLEMENTAL EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT [12-1] (ljl) (Entered: 07/20/1999)
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July 19, 1999
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July 19, 1999
PACER
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31
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MOTION by Plaintiffs TO EXTEND TIME TO FILE REPLY TO Defendants RESPONSE OPPOSING Plaintiffs CROSS-MOTION FOR S/J [29-1] (former employee) (Entered: 07/28/1999)
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July 27, 1999
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July 27, 1999
PACER
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32
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RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE REPLY TO 8/29/99 [29-1] [31-1]; RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] and Plaintiff's CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 8/29/99 (counsel notified) (former employee) (Entered: 07/29/1999)
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July 28, 1999
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July 28, 1999
PACER
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33
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SUPPLEMENTAL EXHIBITS in support of Defendants Motion for S/J [12-1] and in opposition to Plaintiffs cross Motion for S/J (former employee) (Entered: 07/30/1999)
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July 29, 1999
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July 29, 1999
PACER
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34
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RESUBMISSION OF SUPPLEMENTAL EXHIBIT 106 (former employee) (Entered: 07/30/1999)
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July 29, 1999
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July 29, 1999
PACER
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35
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REPLY TO RESPONSE by Plaintiff re CROSS MOTION FOR SUMMARY JUDGMENT [21-1] (former employee) (Entered: 08/26/1999)
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Aug. 26, 1999
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Aug. 26, 1999
PACER
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36
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SUPPLEMENTAL EXHIBITS in support of Plaintiffs Cross Motion for S/J [21-1] and in opposition to Defendants motion for S/J (former employee) (Entered: 08/26/1999)
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Aug. 26, 1999
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Aug. 26, 1999
PACER
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37
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MOTION by Plaintiffs FOR LEAVE TO FILE a Supplemental Affidavit and Sur-Reply Memorandum. (peg) Modified on 09/13/1999 (Entered: 09/13/1999)
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Sept. 10, 1999
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Sept. 10, 1999
PACER
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38
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AFFIDAVIT of Alison Hardy. (peg) (Entered: 09/13/1999)
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Sept. 10, 1999
|
Sept. 10, 1999
PACER
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39
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SUR-REPLY by Plaintiffs (peg) (Entered: 09/13/1999)
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Sept. 10, 1999
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Sept. 10, 1999
PACER
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40
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RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT AND SUR-REPLY [37-1]; ORDER: RESETTING the parties' cross MOTIONS FOR SUMMARY JUDGMENT [12-1] & [21-1] to be taken under advisement as of 9/22/99. (counsel notified) (peg) (Entered: 09/14/1999)
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Sept. 13, 1999
|
Sept. 13, 1999
PACER
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41
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SUR-SUR-REPLY filed by Defendants. (peg) (Entered: 09/23/1999)
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Sept. 22, 1999
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Sept. 22, 1999
PACER
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42
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OPINION AND ORDER DENYING Plaintiffs'CROSS MOTION FOR SUMMARY JUDGMENT [21-1] and GRANTING Defendants' MOTION FOR SUMMARY JUDGMENT [12-1]; Microfilmed 9/29/99; Signed 9/29/99 by Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)
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Sept. 29, 1999
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Sept. 29, 1999
PACER
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43
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JUDGMENT: Based on the Record, IT IS ORDERED AND ADJUDGED that this Action is DISMISSED WITH PREJUDICE ; Microfilmed 9/29/99; Signed 9/29/99 Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)
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Sept. 29, 1999
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Sept. 29, 1999
PACER
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44
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NOTICE OF APPEAL to Court of Appeals by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson, Hung Le from the court's 9/29/99 judgment [43-2] and opinion & order [42-1] Receipt # 426253. (peg) (Entered: 10/28/1999)
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Oct. 28, 1999
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Oct. 28, 1999
PACER
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45
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REPRESENTATION STATEMENT by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson and Hung Le. (peg) (Entered: 10/28/1999)
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Oct. 28, 1999
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Oct. 28, 1999
PACER
|
|
NOTIFICATION OF APPEAL mailed to Court of Appeals For the Ninth Circuit and to counsel along with copy of appealed documents and docket sheet. (peg)
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Oct. 28, 1999
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Oct. 28, 1999
PACER
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46
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TRANSCRIPT DESIGNATION AND ORDERING FORM filed by Appeallant; NO Transcripts ordered for Appeal [44-1]. (peg) (Entered: 11/15/1999)
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Nov. 12, 1999
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Nov. 12, 1999
PACER
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47
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NOTIFICATION by US Court of Appeals for the Ninth Circuit of Docket Number 99-36084 by Plaintiffs re: Appeal [44-1]. (peg) (Entered: 11/15/1999)
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Nov. 15, 1999
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Nov. 15, 1999
PACER
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48
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TIME SCHEDULE ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1], C/A #99-36084 Transcript order form due by 11/29/99; Transcripts filed by 12/28/99; Appellant's opening brief due by 2/14/00; Appellee's opposition brief due by 3/14/00, with the optional reply brief due no later than 14 days after service of the Appellee's brief. (peg) (Entered: 11/15/1999)
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Nov. 15, 1999
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Nov. 15, 1999
PACER
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49
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CERTIFICATE OF RECORD transmitted to US Court of Appeals for the Ninth Circuit re: Plaintff Prison Legal News' Appeal [44-1] filed on 10/28/99, C/A 99-36084. (peg) (Entered: 01/06/2000)
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Jan. 6, 2000
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Jan. 6, 2000
PACER
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50
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ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1] C/A #99-36084 extending the due date for appellees' brief to 6/26/00, with optional reply brief due 14 days from service of the answering brief. (peg) (Entered: 05/11/2000)
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May 11, 2000
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May 11, 2000
PACER
|
|
CLERK'S RECORD on appeal (entire original file) transmitted to US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)
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Oct. 5, 2000
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Oct. 5, 2000
PACER
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51
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MANDATE/JUDGMENT from USCA REVERSING AND REMANDING the Decision of the District Court re: CA 99-36084 [Appeal [44-1]; Bill of Costs entered 3/20/2001 AGAINST Defendants-Appellees in the amount of $426.75 (kw) (Entered: 04/02/2001)
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March 26, 2001
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March 26, 2001
PACER
|
|
CLERK'S RECORD on appeal (entire original file) returned from US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)
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April 4, 2001
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April 4, 2001
PACER
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52
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RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees; Plaintiffs shall submit the foregoing documents by 5/7/01; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/02/2001)
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May 2, 2001
|
May 2, 2001
PACER
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53
|
RECORD OF ORDER by Honorable Malcolm F. Marsh: Plaintiffs' Attorney Fee Application and proposed Judgment shall be filed/submitted by 6/7/2001 (counsel notified) (kw) (Entered: 05/02/2001)
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May 2, 2001
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May 2, 2001
PACER
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54
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RECORD OF ORDER by Honorable Malcolm F. Marsh CLARIFYING conflicting minute orders [53-1], [52-1]: Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees is GRANTED; Plaintiffs shall submit the foregoing documents on or before 6/7/2001; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/08/2001)
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May 8, 2001
|
May 8, 2001
PACER
|
55
|
NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl for Defendants David Schumacher & David S Cook (document is not signed) (kw) Modified on 06/01/2001 (Entered: 05/30/2001)
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May 30, 2001
|
May 30, 2001
PACER
|
56
|
NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl as counsel for State Defendants David S Cook and David Schumacher (signed document) (kw) (Entered: 06/01/2001)
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June 1, 2001
|
June 1, 2001
PACER
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57
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MOTION by Plaintiffs FOR ATTORNEY FEES (in the amount of $59,510.50 and related expenses of $1,436.47) (kw) (Entered: 06/07/2001)
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June 5, 2001
|
June 5, 2001
PACER
|
58
|
MEMORANDUM OF LAW IN SUPPORT by Plaintiffs of MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)
|
June 5, 2001
|
June 5, 2001
PACER
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59
|
DECLARATION by Plaintiffs of Alison Hardy IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)
|
June 5, 2001
|
June 5, 2001
PACER
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60
|
DECLARATION by Plaintiffs of Marc Blackman IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)
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June 5, 2001
|
June 5, 2001
PACER
|
61
|
DECLARATION by Plaintiffs of Samuel L Stiltner IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)
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June 5, 2001
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June 5, 2001
PACER
|
62
|
CERTIFICATE OF SERVICE of MOTION FOR ATTORNEY FEES [57-1], memorandum of law in support [58-1], declaration of Alison Hardy [59-1], declaration of Marc Blackman [60-1], and declaration of Samuel J Stiltner [61-1] by Plaintiffs (kw) (Entered: 06/07/2001)
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June 5, 2001
|
June 5, 2001
PACER
|
63
|
RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Plaintiff's MOTION FOR ATTORNEY FEES [57-1] for under advisement as of 7/5/01 (counsel notified) (kw) (Entered: 06/11/2001)
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June 11, 2001
|
June 11, 2001
PACER
|
64
|
RESPONSE (filed as REPLY) by Defendants to PLAINTIFF'S MOTION FOR ATTORNEY FEES [57-1]: Reply due 7/6/01 (tomg) (Entered: 06/25/2001)
|
June 22, 2001
|
June 22, 2001
PACER
|
65
|
MEMORANDUM IN SUPPORT by Defendants of RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [64-1] (tomg) (Entered: 06/25/2001)
|
June 22, 2001
|
June 22, 2001
PACER
|
66
|
REPLY by Defendants to Plaintiff's Request for Injuction/Judgment (ljl) (Entered: 06/26/2001)
|
June 22, 2001
|
June 22, 2001
PACER
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67
|
REPLY by Plaintiffs TO OBJECTIONS TO PROPOSED INJUNCTION; Request for Oral Argument (kw) (Entered: 07/05/2001)
|
July 5, 2001
|
July 5, 2001
PACER
|
68
|
REPLY TO OBJECTIONS by Plaintiffs TO REQUEST FOR ATTORNEY FEES [57-1] (kw) (Entered: 07/05/2001)
|
July 5, 2001
|
July 5, 2001
PACER
|
69
|
CERTIFICATE OF SERVICE of MOTION reply [68-1], & reply [67-1] by Plaintiffs (kw) (Entered: 07/05/2001)
|
July 5, 2001
|
July 5, 2001
PACER
|
70
|
OPINION AND ORDER GRANTING Plaintiffs' MOTION FOR ATTORNEY FEES [57-1]; Plaintiffs may recover $58,059.47 in fees and expenses; (See formal 7-page Opinion and Order); Signed 8/6/01 by Honorable Malcolm F. Marsh (microfilmed 8/8/01) (counsel notified) (kw) (Entered: 08/08/2001)
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Aug. 7, 2001
|
Aug. 7, 2001
PACER
|
71
|
JUDGMENT ON REMAND; Based on the record on remand from the Court of Appeals [51-1], IT IS HEREBY ORDERED, ADJUDGED AND DECLARED that Oregon Administrative Rule (OAR) 291-131-0025(8) (1998), pursuant to which the Oregon Department of Corrections prohibits all incoming mail at institutions under its management except express mail, priority mail, first class mail or periodicals mail, is unconstitutional as applied to subscription non-profit organizations mail; IT IS FURTHER ORDERED that Defendants are PERMANENTLY ENJOINED from enforcing OAR 291-131-0025(8) (1998) or any other rule that prohibits inmates at institutions under the management of the Oregon Department of Corrections from receiving subscription non-profit organization mail mailed at standard mail rates; IT IS FURTHER ORDERED that upon rejection of any item of subscription non-profit organization mail mailed at standard mail rates, Defendants shall afford the sender and the intended recipient notice and opportunity to contest the rejection; IT IS FURTHER ORDERED that Plaintiffs are entitled to an award of attorney fees and expenses in the amount of $58,059.47; Signed 8/7/01 (microfilmed 8/8/01) Honorable Malcolm F. Marsh (counsel notified) (kw) (Entered: 08/08/2001)
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Aug. 7, 2001
|
Aug. 7, 2001
PACER
|
|
CASE FILE SENT TO THE FRC Accession number 21-03-0030 Location number 1049179 Box 79 of 454 (ljl) Modified on 01/31/2003
|
Jan. 31, 2003
|
Jan. 31, 2003
PACER
|
|
CASE FILE SENT TO THE FRC Accession number 21-03-0030 Location number 1049179 Box 79 of 454 (ljl) Modified on 01/31/2003
|
Jan. 31, 2003
|
Jan. 31, 2003
PACER
|