PACER session date: Friday June 26, 1998 10:42:03 PM EDT Docket as of May 6, 1997 10:42 am Page 1 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 TERMED LC 1 U.S. District Court for the Southern District of Ohio (Dayton) CIVIL DOCKET FOR CASE #: 90-CV-261 Searcy, et al v. Dayton City of, et al Filed: 07/27/90 Assigned to: Judge Walter Herbert Rice Jury demand: Defendant Demand: $12,000,000 Nature of Suit: 440 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:1983 Civil Rights Act VICKEY SEARCY, Executrix of Terry Lee Lewis the Estate of Lawrence Eugene [COR LD NTC] Hileman 111 West First Street plaintiff Suite 1000 Dayton, OH 45402 937-222-1232 FTS 222-1990 JERRY L SMITH Carol Jacobi Holm plaintiff [COR LD NTC] 367 West Second Street Suite 110 Dayton, OH 45402 937-461-0009 v. DAYTON CITY OF Neil Frank Freund defendant [COR LD NTC] Freund Freeze & Arnold - 3 One Dayton Centre 1 S Main Street Suite 1800 Dayton, OH 45402-2017 937-222-2424 FTS 222-5369 ROGER W WALLER, Inmate #218319, Roger W Waller Correctional Reception Center #218-319 defendant [COR LD NTC] [PRO SE] Correctional Reception Center 11271 State Route 762 P.O. Box 300 Orient, OH 43146 Docket as of May 6, 1997 10:42 am Page 2 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 DENNIS R MICHAEL, Inmate Dennis R Michael #218318, Ross Correctional #218-318 Institute [COR LD NTC] [PRO SE] defendant Ross Correctional Institution P.O. Box 7010 Chillicothe, OH 45601 JAMES E NEWBY, Chief of Police Neil Frank Freund defendant (See above) [COR LD NTC] DRUG HOT-LINE, Office John Doe, Supervisor defendant ======================== DAYTON CITY OF Neil Frank Freund counter-claimant [COR LD NTC] Freund Freeze & Arnold - 3 One Dayton Centre 1 S Main Street Suite 1800 Dayton, OH 45402-2017 937-222-2424 FTS 222-5369 v. DAYTON CITY OF Neil Frank Freund cross-claimant [COR LD NTC] Freund Freeze & Arnold - 3 One Dayton Centre 1 S Main Street Suite 1800 Dayton, OH 45402-2017 937-222-2424 FTS 222-5369 ------------------------- VICKEY SEARCY Terry Lee Lewis counter-defendant [COR LD NTC] 111 West First Street Docket as of May 6, 1997 10:42 am Page 3 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 Suite 1000 Dayton, OH 45402 937-222-1232 FTS 222-1990 JERRY L SMITH Carol Jacobi Holm counter-defendant [COR LD NTC] 367 West Second Street Suite 110 Dayton, OH 45402 937-461-0009 v. ROGER W WALLER Roger W Waller cross-defendant #218-319 [COR LD NTC] [PRO SE] Correctional Reception Center 11271 State Route 762 P.O. Box 300 Orient, OH 43146 DENNIS R MICHAEL Dennis R Michael cross-defendant #218-318 [COR LD NTC] [PRO SE] Ross Correctional Institution P.O. Box 7010 Chillicothe, OH 45601 Docket as of May 6, 1997 10:42 am Page 4 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 7/27/90 1 COMPLAINT with jury demand (Summonses 4 issued on the first four named defendants only) ( no. pgs: 8) (gb) [Entry date 07/30/90] 7/31/90 -- NOTICE of cash deposit Receipt #92230, CD 73-3, $120.00 on 7/31/90 ( no pgs: 1) (gb) 7/31/90 -- NOTICE of the issuing of 2 subpoenas for defendants Jim Doe and John Doe: by Clerk ( no pgs: 2) (gb) 8/9/90 2 ANSWER by defendant Dayton City of, defendant James E Newby; jury demand ( no pgs: 4) (gb) 8/17/90 3 MOTION by defendant Dennis R Michael to dismiss ( no pgs: 7) (gb) 8/17/90 4 ANSWER by defendant Dennis R Michael ( no pgs: 3) (gb) 8/21/90 5 MOTION by defendant Dayton City of to extend time to answer for defendants Waller and Michael indefinitely subject to further order of this Court ( no pgs: 3 plus attachments) (gb) 8/22/90 6 NOTICE setting this action for Preliminary PTC 8:30 9/6/90. Defendants Waller and Michael should notify this Court prior to the conference if they have obtained counsel no pgs: 3 (cc: all counsel) (gb) 8/27/90 -- NOTATION ORDER by Judge Walter H. Rice granting motion to extend time to answer for defendants Waller and Michael indefinitely subject to further order of this Court [5-1] Extension granted to 12/1/90 subject to fu rther reqeust at that time for additional extension(cc: all counsel) (gb) 8/31/90 7 REPLY by defendant Roger W Waller to advise court that he does not have counsel at this time. ( no pgs: 1) (gb) 9/7/90 8 ORDER by Judge Walter H. Rice ; Prelim pretrial conf reset to 8:30 9/24/90 (cc: all counsel) ( no pgs: 1) (gb) 9/25/90 9 ORDER by Judge Walter H. Rice ; Prelim pretrial conf held 8:30 9/24/90 ; Final pretrial conf set for 5:15 10/22/91 ; Jury trial set for 11/12/91 Counsel Neil Freund indicated that the City of Dayton will neither defend nor indemnify the Defendants Waller and Michael. A declaratory judgment action, either in state court or in this Court will be filed within 30 days from the preliminary pretrial conference. David Scacchetti of Cincinnati will not be representing the Defendant Dennis Michael. Certain public documents will be furnished by the City's counsel to the Plaintiff within 14 to 20 days from date of the preliminary pretrial conference. Pro se defendants granted an extension of time to answer the complaint to 12/1/90. (cc: all counsel) ( no pgs: 2) (gb) Docket as of May 6, 1997 10:42 am Page 5 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 10/24/90 10 MOTION by defendant Dayton City of for leave to assert counterclaim and crossclaim Copy of Counterclaim and Crossclaim attached ( no pgs: 1 plus attachments) (gb) 10/24/90 11 MOTION by defendant Dayton City of to stay the claims made until this Court rules upon the City of Dayton's Crossclaim and Counterclaim (Original Order received) ( no pgs: 1) (gb) [Edit date 11/05/90] 11/29/90 12 ANSWER by defendant Roger W Waller ( no pgs: 4) (gb) 11/30/90 13 MEMORANDUM by plaintiff Vickey Searcy, plaintiff Jerry L Smith in opposition to Motion to Stay [11-1], to Motion for Leave [10-1] ( no pgs: 4 plus attachments) (gb) [Entry date 12/03/90] 1/11/91 14 MOTION by plaintiff Vickey Searcy to compel, and for attorney fees ( no pgs: 9 plus attachments) (gb) 1/15/91 15 ORDER by Judge Walter H. Rice denying motion to dismiss [3-1] granting motion for leave to assert counterclaim and crossclaim [10-1] granting motion to stay the claims made until this Court rules upon the City of Dayton's Crossclaim and Counterclaim [11-1] Further procedures set .(cc: all counsel) ( no pgs: 8) (gb) [Entry date 01/16/91] 1/18/91 16 MOTION by plaintiff Jerry L Smith to compel, and for attorney fees ( no pgs: 3) (gb) 1/22/91 17 CROSSCLAIM by defendant Dayton City of against defendant Roger W Waller, defendant Dennis R Michael ( no pgs: 3 plus attachments) (gb) 1/22/91 17 COUNTERCLAIM by defendant Dayton City of against plaintiff Vickey Searcy, plaintiff Jerry L Smith ( no pgs: 3 plus attachments) (gb) 2/8/91 18 ANSWER by cross-defendant Roger W Waller to Counterclaim of City of Dayton ( no pgs: 2) (gb) 2/8/91 18 ANSWER by cross-defendant Roger W Waller to Crossclaim of City of Dayton ( no pgs: 2) (gb) 2/11/91 19 MOTION by plaintiff Vickey Searcy to dismiss ( no pgs: 4) (gb) 2/11/91 20 ANSWER by counter-defendant Vickey Searcy to Counterclaim ( no pgs: 3) (gb) [Edit date 02/11/91] 2/11/91 21 MOTION by plaintiff Jerry L Smith to dismiss City of Daytons Counterclaim/Crossclaim ( no pgs: 3) (gb) Docket as of May 6, 1997 10:42 am Page 6 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 2/11/91 22 ANSWER by counter-defendant Jerry L Smith to Counterclaim ( no pgs: 4) (gb) 3/7/91 23 MEMORANDUM by defendant Dayton City of in opposition to Motion to Dismiss [21-1], to Motion to Dismiss [19-1] ( no pgs: 4) (gb) 3/18/91 24 MOTION by defendant Dayton City of for summary judgment on cross claim and counterclaim ( no pgs: 10 plus attachments) (gb) 3/22/91 25 ORDER by Judge Walter H. Rice that Mike Mobley is authorized to serve a subpoena upon Jodi Cruea (cc: all counsel) ( no pgs: 1) (gb) [Entry date 03/25/91] 4/5/91 26 MEMORANDUM by plaintiff Jerry L Smith in opposition to Motion for Summary Judgment on crossclaim and counterclaim for declaratory judgment [24-1] ( no pgs: 5 plus attachments) (gb) 4/24/91 27 REPLY by cross-claimant Dayton City of to response to motion for summary judgment on cross claim and counterclaim [24-1] ( no pgs: 4) (gb) 5/17/91 28 SUPPLEMENTAL MEMORANDUM by plaintiff Jerry L Smith, plaintiff Vickey Searcy to motion for summary judgment on cross claim and counterclaim [24-1] ( no pgs: 2) (gb) 9/23/91 29 ORDER by Judge Walter H. Rice granting motion for summary judgment in part and denying in part, on cross claim and counterclaim [24-1] denying motion to dismiss [19-1] denying motion to dismiss City of Daytons Counterclaim/Crossclaim [21-1] discovery stay vacated, ; Status conference set for 4:30 10/8/91 (cc: all counsel) ( no pgs: 8) (gb) [Entry date 09/26/91] 10/18/91 30 ORDER by Judge Walter H. Rice ; Medical package set for 11/22/91; Lay Witnesses reset to 1/2/92 ; Expert Witnesses Plaintiff to Defendant reset to 1/2/92 and Defendant to Plaintiff reset to 3/9/92 ; Amended Joint D.P. set for 11/8/91 ; Joint FPTO set for 9/4/92 ; Discovery ddl reset to 5/25/92 ; Mtn filing ddl reset to 6/22/92 ; Final pretrial conf reset to 5:15 9/11/92 ; Status conference held 4:30 10/8/91 ; Disml pprs ddl reset to 11/22/91 ; Jury trial reset to 9/21/92 (cc: all counsel) ( no pgs: 6) (gb) 10/28/91 31 LETTER to court from defendant Roger W Waller indicating he will actively defend case and appear pro se ( no pgs: 2) (mkb) 11/13/91 -- NOTATION ORDER by Judge Walter H. Rice finding the motion to compel [16-1] moot. finding the motion for attorney fees [16-2] moot, per discussion of counsel with court; subject to renewal. (cc: all counsel) (gb) Docket as of May 6, 1997 10:42 am Page 7 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 11/13/91 -- NOTATION ORDER by Judge Walter H. Rice finding the motion to compel [14-1] moot. finding the motion for attorney fees [14-2] moot, per prior discussion between court and counsel; subject to renewal. (cc: all counsel) (gb) 11/21/91 32 MOTION by plaintiff Vickey Searcy to continue the filing of the Joint Discovery Plan for an additional 14 days ( no pgs: 1) (gb) 11/25/91 -- NOTATION ORDER by Judge Walter H. Rice granting motion to continue the filing of the Joint Discovery Plan for an additional 14 days [32-1] (cc: all counsel) (ms) 12/6/91 33 NOTICE by defendants, plaintiffs of filing Joint Discovery Plan ( no pgs: 7) (gb) 12/19/91 34 SECOND MOTION by plaintiff Vickey Searcy to compel, and for attorney fees ( no pgs: 11 plus attachments) (gb) 12/24/91 35 ORDER by Judge Walter H. Rice ; Status conference on Motion to Compel 4:45 1/2/92 (cc: all counsel) ( no pgs: 1) (ms) [Entry date 12/26/91] 1/9/92 36 WITNESS LIST submitted by plaintiff Jerry L Smith ( no pgs: 6) (gb) 1/9/92 37 WITNESS LIST submitted by plaintiff Vickey Searcy ( no pgs: 4) (gb) 1/31/92 38 ORDER by Judge Walter H. Rice journalizing resultes of discovery conference finding the motion to compel [34-1] resolved, subject to renewal ; Status conference held 4:45 1/2/92 (cc: all counsel) ( no pgs: 3) (gb) 3/11/92 39 Stipulation and ORDER by Judge Walter H. Rice granting defendants until 3/16/92 to identify their expert witnesses : (cc: all counsel) ( no pgs: 1) (gb) 3/16/92 40 WITNESS LIST submitted by defendant James E Newby, defendant Dayton City of ( no pgs: 4) (gb) 3/16/92 41 MOTION by counter-defendant Vickey Searcy to compel ( no pgs: 2) (gb) 3/16/92 42 MOTION by counter-defendant Vickey Searcy for contempt ( no pgs: 2) (gb) 3/18/92 43 MEMORANDUM by defendant James E Newby, defendant Dayton City of in opposition to Motion for Contempt [42-1] ( no pgs: 3) (gb) Docket as of May 6, 1997 10:42 am Page 8 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 3/18/92 44 MEMORANDUM by defendant James E Newby, defendant Dayton City of in opposition to Motion to Compel [41-1] ( no pgs: 2 plus attachments) (gb) 3/18/92 45 ORDER by Judge Walter H. Rice, ; Status conference on Motion to compel and contempt 4:00 3/26/92 (cc: all counsel) ( no pgs: 1) (gb) 3/24/92 46 REPLY by plaintiff Jerry L Smith, plaintiff Vickey Searcy to response to motion for contempt [42-1] ( no pgs: 3) (gb) 3/24/92 47 REPLY by plaintiff Jerry L Smith, plaintiff Vickey Searcy to response to motion to compel [41-1] ( no pgs: 3) (gb) 3/30/92 48 ORDER by Judge Walter H. Rice journalizing results of discovery conference, finding the motion to compel [41-1] moot. finding the motion for contempt [42-1] moot. ; Status conference held 4:00 3/26/92 (cc: all counsel) ( no pgs: 3) (gb) 4/6/92 49 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Tyree Broomfield on 4/14/92 at 4:00 p.m. ( no pgs: 1) (gb) 4/9/92 50 NOTICE by defendant Dayton City of, of filing sealed copies of redacted and unredacted intelligence reports; Sealed Copies of redated and unredacted intelligence reports filed under seal ( no pgs: 2) (gb) 4/22/92 51 AFFIDAVIT of James E Newby regarding Courts order [48-2] ( no pgs: 2) (gb) 5/22/92 52 MOTION by plaintiff Vickey Searcy to continue the discovery cut off date to 8/31/92 (Original Order received) ( no pgs: 3) (gb) 5/28/92 53 ORDER by Judge Walter H. Rice granting motion to continue the discovery cut off date to 8/31/92 [52-1] ; Discovery ddl reset to 8/31/92 (cc: all counsel) ( no pgs: 2) (gb) 6/22/92 54 MOTION by cross-claimant Dayton City of, defendant James E Newby for summary judgment ( no pgs: 20 plus attachments) (gb) 7/7/92 55 MOTION by plaintiff Jerry L Smith, plaintiff Vickey Searcy to extend time until 09-01-92 to file an answer to Deft's motion for summary judgment ( no pgs: 2 plus tendered entry) (mkb) 7/7/92 56 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Officer John Paulson on 07-15-92 at 1:00 pm ( no pgs: 1) (mkb) Docket as of May 6, 1997 10:42 am Page 9 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 7/7/92 57 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Officer Rocky Rockwell on 7-15-92 at 1:30 pm ( no pgs: 1) (mkb) 7/7/92 58 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Sargeant Harold Perry on 7-15-92 at 2:00 pm ( no pgs: 1) (mkb) 7/7/92 59 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Detective William Kingston on 7-13-92 at 1:00 pm ( no pgs: 1) (mkb) 7/7/92 60 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Lt. James Finnegan on 7-13-92 at 1:30 p.m. ( no pgs: 1) (mkb) 7/9/92 -- NOTATION ORDER by Judge Walter H. Rice granting in part motion to extend time until 09-01-92 to file an answer to Deft's motion for summary judgment [55-1]. Memorancum contra the Motion for summary judgment must be filed by 8/17/92 (cc: all counsel) (gb) [Entry date 07/10/92] 7/21/92 61 NOTICE by plaintiff Vickey Searcy of taking deposition of Tyree Broomfield on 8/21/92 at 10:30 a.m. ( no pgs: 1) (gb) 7/22/92 62 NOTICE by plaintiff Vickey Searcy of taking deposition of Lt Varvel on 8/21/92 at 1:00 p.m. ( no pgs: 1) (gb) 7/22/92 63 NOTICE by plaintiff Vickey Searcy of taking deposition of Detective Whitt on 8/7/92 at 2:00 p.m. ( no pgs: 1) (gb) 7/22/92 64 NOTICE by plaintiff Vickey Searcy of taking deposition of Steve Holland on 8/7/92 at 3:00 p.m. ( no pgs: 1) (gb) 7/22/92 65 NOTICE by plaintiff Vickey Searcy of taking deposition of Detective James A Rice on 8/21/92 at 1:30 p.m. ( no pgs: 1) (gb) 7/22/92 66 NOTICE by plaintiff Vickey Searcy of taking deposition of Lt. Krug on 8/21/92 at 2:30 p.m. ( no pgs: 1) (gb) 7/22/92 67 NOTICE by plaintiff Vickey Searcy of taking deposition of Chief James newby on 8/24/92 at 2:30 p.m. ( no pgs: 1) (gb) 8/4/92 68 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Roger Waller on 8/13/92 at 9:00 a.m. ( no pgs: 1) (gb) [Entry date 08/05/92] 8/17/92 69 MEMORANDUM by plaintiff Jerry L Smith, plaintiff Vickey Searcy in opposition to Motion for Summary Judgment [54-1] ( no pgs: 12 plus attachments) (gb) Docket as of May 6, 1997 10:42 am Page 10 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 8/17/92 70 MOTION by plaintiff Jerry L Smith to continue date to respond to Motion for Summary Judgment, and to compel discovery ( no pgs: 3 plus attachments) (gb) 8/17/92 -- Deposition of Harold Perry taken 7/15/92 filed by Attorney Holms (gb) 8/17/92 71 MOTION by plaintiff Vickey Searcy to continue time to respond to Motion for Summary Judgment, and to compel discovery ( no pgs: 6 plus attachments) (gb) 8/17/92 72 NOTICE by plaintiff Vickey Searcy of filing deposition of Roger Waller ( no pgs: 1) (gb) 8/17/92 -- Deposition of Roger W Waller taken 8/13/92 filed by Attorney Terry L Lewis (gb) 8/17/92 73 MEMORANDUM by plaintiff Vickey Searcy in opposition to Motion for Summary Judgment [54-1] ( no pgs: 24 plus attachments) (gb) 8/21/92 74 NOTICE by plaintiff Jerry L Smith of filing deposition of the deposition of Harold Perry taken 7/15/92 ( no pgs: 1) (gb) [Edit date 09/02/92] 8/27/92 75 MOTION by plaintiff Jerry L Smith, plaintiff Vickey Searcy for writ of habeas corpus ad testificandum to have Roger Waller for trial on 9/21-24/92 ( no pgs: 2) (gb) 8/27/92 76 NOTICE by defendant James E Newby, defendant Dayton City of filing of depositions of Harold Perry, Steven Holland, William W. Kingston, James Finnigan, Robert Whitt, James E. Newby, Tyree Broomfield, Mark Varvel and Jack Rice ( no pgs: 2) (mkb) 8/27/92 -- Deposition of Tyree Broomfield taken 8/21/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of Harold Perry taken 7/15/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of James Newby taken 8/24/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of Mark Varvel taken 8/21/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of Jack Rice taken 8/21/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of Steven Holland taken 8/7/92 by Defts City of Dayton and James Newby (mkb) Docket as of May 6, 1997 10:42 am Page 11 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 8/27/92 -- Deposition of William W. Kingston taken 7/13/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of James Finnigan taken 7/13/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 -- Deposition of Robert Whitt taken 8/7/92 by Defts City of Dayton and James Newby (mkb) 8/27/92 77 REPLY by defendant Dayton City of, defendant James E Newby and supplement memorandum to response to motion for summary judgment [54-1] ( no pgs: 10 plus attachments) (gb) 8/27/92 78 MEMORANDUM by defendant Dayton City of, defendant James E Newby in opposition to Moiton to Contine response time [71-1] ( no pgs: 2) (gb) 9/4/92 79 MOTION by cross-claimant Dayton City of, defendant James E Newby, defendant Dayton City of for order for separate trials ( no pgs: 4) (mkb) 9/4/92 -- FINAL PRETRIAL ORDER (RECEIVED) by defendant Dayton City of, plaintiff Jerry L Smith, plaintiff Vickey Searcy ( no pgs: 10 plus attachments) (mkb) 9/21/92 80 ORDER by Judge Walter H. Rice that the Cityof Dayton to consult with their clients in order to determine whether the intelligence report exists and if so to furnish the intelligence report to the Court by 9/22/92. (cc: all counsel) ( no pgs: 2) (gb) 9/21/92 81 NOTICE by defendant Dayton City of the filing of the Unredacted intelligence report under seal ( no pgs: 2) (gb) 9/21/92 82 NOTICE by defendant Dayton City of intelligence file (filed under seal) (gb) 10/8/92 83 ORDER by Judge Walter H. Rice that the Motion for Summary Judgment [54-1] is pending and moving defendant have until 10/8/92 to supplement this motion; plaintiffs will have until 11/2/92 to file memorandum contra with reply by 11/12/92; Defendants will be desposing the Plaintiff Jerry Smtih at a mutually agreeable time; subpoenaes served by the parties geard to 9/21/92 trial remain applicable to the rescheduled trila of 1/25/93; the Court find the motion to continue time to respond to Motion for Summary Judgment [71-1] moot; granting motion for writ of habeas corpus ad testificandum to have Roger Waller for trial on 9/21-24/92; said writ shall be executed at the time of the rescheduled trial to wit 1/25/93; [75-1] denying motion for order for separate trials [79-1] ; Jury trial reset to 1/25/93 ; Final pretrial conf reset to 5:00 1/18/93; Amended FPTO set for 1/11/93 and trial exhibits presented by 1/20/93 (cc: all counsel) ( no pgs: 3) (gb) Docket as of May 6, 1997 10:42 am Page 12 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 10/13/92 84 Supplemental memorandum by defendant James E Newby, defendant Dayton City of to motion for summary judgment [54-1] ( no pgs: 11 plus attachments) (gb) 10/13/92 84 MOTION by defendant James E Newby, defendant Dayton City of to strike the intelligence reports as evidence ( no pgs: 11 plus attachments) (gb) 10/16/92 85 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Detective James A Rice on 11/6/92 at 9:00 a.m. ( no pgs: 1) (gb) 10/16/92 86 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Frank Navarre on 11/6/92 at 9:00 a.m. ( no pgs: 1) (gb) 10/16/92 87 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Steven Holland on 11/6/92 at 9:00 a.m. ( no pgs: 1) (gb) 10/16/92 88 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Lt. Varvel on 11/6/92 at 9:00 a.m. ( no pgs: 1) (gb) 10/26/92 89 NOTICE by cross-claimant Dayton City of, defendant James E Newby of taking deposition of Jerry L Smith on 11/6/92 at 9:00 a.m. ( no pgs: 1) (gb) 10/27/92 90 ORDER Reference attached letter from Defendant, Roger Waller further procedures ordered of Defendant Michael; It is the Order of this court that the Defendant Michael clarify his earlier statement to this court that he did not wish to contest this case. Based upon his answer, the court will draft and file the appropriate entry. by Judge Walter H. Rice (cc: all counsel) ( no pgs: 3) (ms) [Edit date 10/28/92] 11/9/92 91 RESPONSE by defendant Dennis R Michael to Court Order [90-1] ( no pgs: 1) (gb) 11/12/92 92 Supplemental memorandum by plaintiff Jerry L Smith to motion for summary judgment [54-1] ( no pgs: 19) (gb) 11/12/92 93 MEMORANDUM by plaintiff Jerry L Smith, plaintiff Vickey Searcy in opposition to Motion for Summary Judgment [54-1], to Supplemental Memorandum in opposition to Motion; and Memorandum in opposition to Motion to Strike [84-1] ( no pgs: 10 plus attachments) (gb) 11/19/92 -- CONTINUATION OF Deposition of Mark Varvel taken on 11/6/92: filed by Pltf. (gb) Docket as of May 6, 1997 10:42 am Page 13 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 11/20/92 94 NOTICE by defendant James E Newby, defendant Dayton City of of taking deposition of Jerry Smith on 12/2/92 at 1:00 p.m. ( no pgs: 2) (gb) 11/23/92 95 NOTICE OF FILING OF DEPOSITIONS: of Mark Varvel by defendant James E Newby, defendant Dayton City of ( no pgs: 2) (mkb) 11/23/92 -- Deposition of Mark Varvel (continution - Volume II); by Deft City of Dayton and James E. Newby (mkb) 11/23/92 96 REPLY by defendant James E Newby, defendant Dayton City of to response to motion for summary judgment [54-1] ( no pgs: 10 plus attachments) (mkb) 11/25/92 97 ORDER by Judge Walter H. Rice ; Status conference set on 8:30 12/8/92 to determine the viability of trial date (cc: all counsel) ( no pgs: 1) (re) 12/9/92 98 NOTICE by defendant James E Newby, defendant Dayton City of of the continuation of the taking deposition of Jerry Smith on 12/17/92 at 10:30 a.m. ( no pgs: 2) (gb) 1/5/93 99 ORDER by Judge Walter H. Rice ; Status conference Re: Viability of Trial Date 8:10 1/12/93 (cc: all counsel) ( no pgs: 1) (gb) 1/19/93 100 NOTICE by defendant James E Newby, defendant Dayton City of of taking deposition of Michael Pittman on 2/3/93 at 9:30 a.m. ( no pgs: 2) (gb) 1/29/93 101 ORDER by Judge Walter H. Rice ; Final pretrial conf reset to 5:15 4/15/93 ; Trial Exhibits for 4/12/93 ; Status conference set to determine the viability of the 4/27/93 trail date for 8:20 3/2/93 ; Jury trial reset to 9:00 4/27/93; FPTO by 4/8/93 ; Should 4/27/93 trial date not prove possible, Jury trial will go 8/9/93 at 9:00 a.m.; FPTC call for 7/28/93 at 5:15 p.m.; FPTO for 7/21/93; Trial exibits for 7/23/93 (cc: all counsel) ( no pgs: 2) (gb) 2/3/93 -- NOTATION ORDER by Judge Walter H. Rice finding the motion to continue time to respond to Motion for Summary Judgment [71-1] moot., finding the motion to compel discovery [71-2] moot. (cc: all counsel) (mkb) 2/3/93 -- NOTATION ORDER by Judge Walter H. Rice finding the motion to continue date to respond to Motion for Summary Judgment [70-1] moot., finding the motion to compel discovery [70-2] moot. (cc: all counsel) (mkb) 5/5/93 102 ORDER by Judge Walter H. Rice of Court's intention, following In Camera review, to supply furnished document to Plaintiff's counsel (cc: all counsel) ( no pgs: 1) (gb) [Edit date 05/06/93] Docket as of May 6, 1997 10:42 am Page 14 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 5/17/93 103 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Dr Gregory Volk, DO on 6/1/93 at 10:00 a.m. ( no pgs: 2) (gb) 5/17/93 104 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Custodian of Records of Miami Valley Hospital on 6/1/93 at 9:30 a.m. ( no pgs: 2) (gb) 5/17/93 105 NOTICE by plaintiff Jerry L Smith, plaintiff Vickey Searcy of taking deposition of Custodian of Records of Grandview and Southview Hospital and Grandview Clinic on 6/1/93 at 9:00 a.m. ( no pgs: 2) (gb) 5/17/93 106 OBJECTIONS by defendant James E Newby, defendant Dayton City of to order opposing disclosure of sealed intelligence file [102-1] ( no pgs: 4) (gb) [Edit date 05/17/93] 5/25/93 107 MEMORANDUM by plaintiff Vickey Searcy in support of order [102-1] ( no pgs: 2) (ms) 7/19/93 108 ORDER by Judge Walter H. Rice reversing [102-1] order of 5/5/93 which indicated intention to supply furnished document to Plaintiffs counsel; order declining to furnish said documents to plaintiff's counsel. (cc: all counsel) ( no pgs: 2) (gb) 7/21/93 -- NOTICE by defendants, plaintiffs of clerks receipt of the Joint Final Pretrial Order ( no pgs: 10 plus attachments) (gb) [Entry date 07/27/93] 8/3/93 109 NOTICE by plaintiff of taking deposition of Dr. Donald Schaffer on 8/5/93 ( no pgs: 2) (ms) [Entry date 08/04/93] 8/17/93 110 ORDER by Judge Walter H. Rice finding the motion for writ of habeas corpus ad testificandum to have Roger Waller for trial on 9/21-24/92 [75-1] moot. finding the motion for order for separate trials [79-1] moot. denying motion to strike the intelligence reports as evidence [84-1] granting in part and overruling in part motion for summary judgment [54-1]; final judgment to be entered in favor of the City of Dayton and agains Plaintiffs and in favor of James Newby and Against Plaintiffs on all but one State law claim; terminating case for District Court purposes (cc: all counsel) ( no pgs: 21) (gb) 8/17/93 111 JUDGMENT IN A CIVIL CASE: by Judge Walter H. Rice (cc: all counsel) ( no pgs: 1) (gb) 9/15/93 112 JOINT NOTICE OF APPEAL by plaintiff Jerry L Smith, plaintiff Vickey Searcy from Dist. Court decision [110-2] of 8/17/93 ( no pgs: 1) (gb) 9/15/93 -- APPEAL FEE pd in amount of $ 105.00 ( Receipt # 124895) (gb) Docket as of May 6, 1997 10:42 am Page 15 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 9/15/93 113 NOTICE TO PARTY UPON FILING AN APPEAL: re: Designation of Record ( no pgs: 1) (gb) 9/15/93 -- APPEAL NOTIFICATION issued CA. (gb) 9/15/93 -- TRANSCRIPT ORDER FORM indicating transcript is unnecessary for appeal purposes: by Pltfs. (gb) 9/20/93 114 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 93-4013 (gb) [Edit date 09/21/93] 9/27/93 115 DESIGNATION OF RECORD filed by plaintiff Jerry L Smith, plaintiff Vickey Searcy (gb) 9/30/93 116 NOTICE OF APPEAL by defendant James E Newby, defendant Dayton City of from Dist. Court decision [110-2] of 8/17/93 ( no pgs: 2) (gb) [Entry date 10/04/93] 9/30/93 -- APPEAL FEE pd in amount of $ 105.00 ( Receipt # 124995) (gb) [Entry date 10/04/93] 10/4/93 -- APPEAL NOTIFICATION issued CA. (gb) 10/4/93 117 NOTICE to party upon filing an appeal re: Designation of Record ( no pgs: 1) (gb) 10/6/93 118 DESIGNATION OF RECORD filed by defendant James E Newby, defendant Dayton City of (gb) [Entry date 10/07/93] 10/19/93 119 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 93-4092 (gb) 7/6/94 -- RECORD CERTIFIED to USCA 6th:, (gb) 7/13/94 120 NOTICE of receipt of filing in Court of Appeals ( no pgs: 4) (gb) 10/31/94 121 INFORMATION COPY of USCA 6th: appeal is affiremd in part and reversed in part and remanded for further proceedings [116-1], appeal is affirmed [112-1] (gb) [Edit date 11/02/94] 11/21/94 122 ORDER OF USCA 6th: reversing and remanding the Decision of the District Court [Appeal [116-1], affirming the decision of the District Court [112-1] ( no pgs: 1) (eo) 12/5/94 -- APPEAL Record Returned from USCA 6th. (gb) 1/19/95 123 ORDER by Judge Walter H. Rice granting summary judgment in favor of Defenant James DE Newby on Plaintiffs claim alleging negligence under Ohio Law; terminating case (cc: all counsel) ( no pgs: 2) (gb) Docket as of May 6, 1997 10:42 am Page 16 Proceedings include all events. TERMED 3:90cv261 Searcy, et al v. Dayton City of, et al LC 1 1/19/95 124 JUDGMENT IN A CIVIL CASE: (cc: all counsel) ( no pgs: 1) (gb) 11/3/95 125 REQUEST and approval for sealed documents # 50 & 82 to be opened at the time of shipment to record center( no pgs: 2) (re) [Entry date 11/08/95] [Edit date 03/14/97] [END OF DOCKET: 3:90cv261]