| Court: | gand |
| Docket #: | 1:97-cv-00081 |
| Case Name: | Kendall v. Cobb County, Georgia, et al |
| PACER case #: | 85692 |
| Date filed: | 1997-01-10 |
| Date terminated: | 2000-03-07 |
| Assigned to: | Judge Richard W. Story |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Dart Kendall Plaintiff |
David C. Ates Harlan Stuart Miller , III |
| Cobb County, Georgia Defendant |
Deborah L. Dance George M. Weaver Kate R. Berry |
| Robert Hightower Defendant Individually and in his official capacity as Director of Cobb County's Public Safety Commission |
Deborah L. Dance George M. Weaver Kate R. Berry |
| David E. Hayes Defendant Individually and in his official capacity as Deputy Fire Chief of Cobb County's Department of Fire and Emergency Services |
Deborah L. Dance George M. Weaver Kate R. Berry |
| Jimmy Walker Defendant Individually and in his official capacity as Colonel of Extinguishment |
Deborah L. Dance George M. Weaver Kate R. Berry |
| Henry Lewis Young Defendant Individually and in his official capacity as Colonel of Training |
Deborah L. Dance George M. Weaver Kate R. Berry |
| Equal Employment Opportunity Commission Movant |
Isaiah D. Delemar Rosemarie Rhodes |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1997-01-10 | 1 | 0 | COMPLAINT filed and summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 403020 (oug) (Entered: 01/22/1997) | |||
| 1997-01-10 | 2 | 0 | ANSWERS TO MANDATORY DISCLOSURES by plaintiff (oug) (Entered: 01/22/1997) | |||
| 1997-02-04 | 3 | 0 | ANSWER by defendant to complaint [1-1] Discovery ends 7/4/97, <date not set> for Robert Hightower, for David E. Hayes, for Jimmy Walker, for Henry Lewis Young; jury demand (pa) (Entered: 02/20/1997) | |||
| 1997-02-07 | 4 | 0 | MOTION by plaintiff for leave to file amended complaint with brief in support. (pa) (Entered: 02/20/1997) | |||
| 1997-03-06 | 5 | 0 | REQUEST FOR WAIVER of Service as to Henry Lewis Young mailed 2/26/97 Waiver of Service due by 3/28/97 for Henry Lewis Young (pa) (Entered: 03/13/1997) | |||
| 1997-03-10 | 6 | 0 | ANSWERS TO MANDATORY DISCLOSURES by defendant (pa) (Entered: 03/17/1997) | |||
| 1997-03-13 | 7 | 0 | Preliminary Statement and Scheduling Order. (to FMH) (pa) (Entered: 03/17/1997) | |||
| 1997-04-01 | 8 | 0 | ORDER by Judge Frank M. Hull GRANTING [4-1] motion for leave to file amended complaint. Amended Complaint attached as Exhibit A shall be deemed filed on date of this order. (cc) (pa) (Entered: 04/03/1997) | |||
| 1997-04-01 | 9 | 0 | AMENDED COMPLAINT by plaintiff (pa) (Entered: 04/03/1997) | |||
| 1997-04-10 | 10 | 0 | ANSWER to amended complaint [9-1] by Cobb County, Georgia, Robert Hightower, David E. Hayes, Jimmy Walker, Henry Lewis Young (pa) (Entered: 04/17/1997) | |||
| 1997-04-18 | 11 | 0 | ORDER by Judge Frank M. Hull setting dates and times for all discovery. Discovery ends 8/4/97 . (cc) (pa) (Entered: 04/21/1997) | |||
| 1997-08-04 | 12 | 0 | CONSENT ORDER GRANTING extension of the discovery period, Discovery ends 9/4/97 Apvd by ct dep. (cc) (rag) (Entered: 08/07/1997) | |||
| 1997-09-24 | 13 | 0 | Notice of filing request that the plaintiff file with the Court original transcript & exhibits by dft Cobb County, Georgia. (rag) (Entered: 09/26/1997) | |||
| 1997-09-24 | 14 | 0 | REQUEST by dft Cobb County, Georgia that Non-Party Cobb County Civil Service Board file the original trancript & exhibits of the Cobb County Civil Service Board Administrative Hearing involving the Plaintiff conducted on 3/25 & 4/26/95 (rag) (Entered: 09/26/1997) | |||
| 1997-09-24 | 15 | 0 | MOTION by defendants to exceed the 25 page limitation with respect to their summary judgment brief (rag) (Entered: 09/26/1997) | |||
| 1997-09-24 | 16 | 0 | MOTION by defendants for summary judgment with brief in support. w/1 vol. exhibits (rag) (Entered: 09/26/1997) | |||
| 1997-10-03 | 17 | 0 | Notice of filing original Cobb County Civil Service Board transcripts & exhibits. (rag) (Entered: 10/06/1997) | |||
| 1997-10-16 | 18 | 0 | CONSENT ORDER, extending time thru 10/27/97 to respond to [16-1] motion for summary judgment , [16-1] motion for summary judgment to be submitted on 10/28/97 (cc) (pa) (Entered: 10/21/1997) | |||
| 1997-10-22 | 19 | 0 | ORDER by Judge Robert L. Vining Jr. GRANTING [15-1] motion to exceed the 25 page limitation with respect to their summary judgment brief. Since the Cobb County Civil Service Board, a non-party to this action, has responded to Cobb County's request [14-1] & has filed the original transcripts & exhibits from the administrative hearing involving the plaintiff, this court need not take any further action on the request. (cc) (rag) (Entered: 10/23/1997) | |||
| 1997-10-23 | 20 | 0 | Notice of filing original depositions by plaintiff. (rag) (Entered: 10/24/1997) | |||
| 1997-10-29 | 21 | 0 | CONSENT ORDER by Judge Robert L. Vining Jr. GRANTING extension of time to 10/31/97 within which plaintiff shall response to [16-1] motion for summary judgment (cc) (rag) (Entered: 10/31/1997) | |||
| 1997-11-03 | 22 | 0 | Brief by plaintiff in opposition to [16-1] motion for summary judgment (rag) (Entered: 11/04/1997) | |||
| 1997-11-24 | 23 | 0 | CONSENT ORDER by Judge Robert L. Vining Jr., extending time for dfts to respond to [16-1] motion for summary judgment through 12/2/97 (cc) (mmw) (Entered: 12/02/1997) | |||
| 1997-12-05 | 24 | 0 | REPLY by defendants to response to [16-1] motion for summary judgment (mmw) (Entered: 12/09/1997) | |||
| 1997-12-09 | 25 | 0 | CONSENT ORDER by Judge Robert L. Vining Jr., extending time for dfts to respond in opposition to pla's motion for summary jgm. (cc) (mmw) Modified on 02/18/1998 (Entered: 12/10/1997) | |||
| 1998-09-02 | 26 | 0 | ORDER by Judge Richard W. Story DENYING [16-1] motion for summary judgment by Robert Hightower, Cobb County, Georgia, Henry Lewis Young, Jimmy Walker, David E. Hayes (cc) (esw) (Entered: 09/03/1998) | |||
| 1998-09-09 | 27 | 0 | ORDER by Judge Richard W. Story, pre-trial order due on or before 10/1/98 , Failure to comply w/ pretrial instructions may result in the imposition of sanctions or dismissal of the action. [27-1] Order to be submitted on 10/2/98 (crd mailed cc) (esw) (Entered: 09/10/1998) | |||
| 1998-09-28 | 28 | 0 | Notice of interlocutory appeal by defendant from [26-1] order re: qualified immunity (pdw) (Entered: 10/06/1998) | |||
| 1999-02-10 | 29 | 0 | Request for 1st Supplemental Certificate of Readiness from USCA RE: USCA # 98-9272 (epm) Modified on 02/23/1999 (Entered: 02/23/1999) | |||
| 1999-07-22 | 30 | 0 | AMENDMENTS TO ANSWERS TO MANDATORY DISCLOSURES by defendants (pdw) (Entered: 07/23/1999) | |||
| 1999-09-10 | 31 | 0 | Attorney appearance for defendants by George M. Weaver (pdw) (Entered: 09/13/1999) | |||
| 1999-09-28 | 32 | 0 | Certified copy of ORDER and JUDGMENT of USCA AFFIRMING the judgment of the District Court RE: [28-1] interlocutory appeal USCA dkt no. 98-9272 (pdw) (Entered: 09/30/1999) | |||
| 1999-10-05 | 33 | 0 | ORDER by Judge Richard W. Story, consolidated pre-trial order due on 11/2/99 , no extensions will be granted as case will be on 11/8/99 trial calendar. Failure to comply may result in sanctions or dismissal (cc CRD) (pdw) (Entered: 10/05/1999) | |||
| 1999-10-27 | 34 | 0 | Notice by CRD, case will be continued from the 11/8/99 trial calendar to the 1/10/00 trial calendary, pre-trial order due on or before 1/5/00 (cc by CRD) (pdw) (Entered: 10/27/1999) | |||
| 2000-01-05 | 35 | 0 | CONSENT ORDER by Judge Richard W. Story, extending time for parties to file consolidated pre-trial order , pre-trial order due on 1/14/00 (cc) (pdw) (Entered: 01/06/2000) | |||
| 2000-01-19 | 36 | 0 | Pre-trial order filed by Judge Richard W. Story (pdw) (Entered: 01/20/2000) | |||
| 2000-02-01 | 37 | 0 | ORDER by Judge Richard W. Story that George M. Weaver, H. William Rowling, Jr., and Deborah Dance, counsel for the defendants, may pass security checkpoints and enter Courtroom 2105 with a projector, projection equipment, VCR, audio tape player, and a lap top computer in connection with the trial of this action beginning 2/22/00 until the conclusion of the trial (cc, 4 cert copies to USMS by CRD) (pdw) (Entered: 02/01/2000) | |||
| 2000-01-31 | 38 | 0 | MOTION by defendants to amend [36-1] pretrial order with brief in support. (pdw) (Entered: 02/01/2000) | |||
| 2000-02-03 | 39 | 0 | ....MOTION by plaintiff in limine to exclude dfts' proffered documents and witnesses with brief in support. (pdw) (Entered: 02/04/2000) | |||
| 2000-02-03 | 40 | 0 | MOTION by plaintiff in limine to exclude Civil Service Board evidence with brief in support. (pdw) (Entered: 02/04/2000) | |||
| 2000-02-10 | 41 | 0 | PRE-TRIAL CONFERENCE HELD before Judge Richard W. Story. Jury trial scheduled to begin 2/22/00. (pdw) (Entered: 02/10/2000) | |||
| 2000-02-10 | 42 | 0 | Response by defendants to pla's [40-1] motion in limine to exclude Civil Service Board evidence (pdw) (Entered: 02/10/2000) | |||
| 2000-02-10 | 43 | 0 | Reply by defendants to pla's [39-1] response to dfts' [38-1] motion to amend [36-1] pretrial order, AND in response to pla's [39-1] motion in limine to exclude dfts' proffered documents and witnesses (pdw) (Entered: 02/10/2000) | |||
| 2000-02-10 | 44 | 0 | MOTION by defendants in limine with brief in support. (pdw) (Entered: 02/10/2000) | |||
| 2000-02-16 | 45 | 0 | Response by plaintiff to dfts' [44-1] motion in limine (pdw) (Entered: 02/17/2000) | |||
| 2000-02-18 | 46 | 0 | MOTION by movant EEOC to quash subpoena duces tecum , or, in the alternative, for protective order with brief in support. (pdw) (Entered: 02/22/2000) | |||
| 2000-02-18 | 47 | 0 | Objections by plaintiff to dfts' proposed exhibits. (pdw) (Entered: 02/22/2000) | |||
| 2000-02-18 | 48 | 0 | Amended Objections by defendants to pla's exhibits. (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 49 | 0 | ORDER by Judge Richard W. Story to allow dft Robert Hightower to pass security checkpoints and enter Courtroom 2105 with his cellular telephone and beeper 2/22/00 until the conclusion of the trial. (cc) (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 50 | 0 | ORDER by Judge Richard W. Story to allow witness Tom Basnett to pass security checkpoints and enter Courtroom 2105 with his three-wheeled electric wheel chair and oxygen tank in on 2/22/00 until the conclusion of the trial. (cc) (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 51 | 0 | Limiting instruction concerning civil service findings by plaintiff Dart Kendall (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 52 | 0 | Offer of proof and affidavit by plaintiff concerning plaintiff's renewed motion in limine to allow evidence of falsification of DHR trip records. (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 53 | 0 | REQUESTS TO CHARGE by plaintiff (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 54 | 0 | REQUEST TO CHARGE by defendants (pdw) (Entered: 02/22/2000) | |||
| 2000-02-22 | 55 | 0 | ORDER by Judge Richard W. Story: Chris Parkman, representative of Affordable Video Solutions, is to be allowed to bring 3 televisions, 1 VCR and equiqment stands/carts to courtroom 2105 only for the purpose of presentation of evidence beginning 2/22/00 until completion of proceedings. (cc, cert. copies to USMS by CRD) (pdw) (Entered: 02/23/2000) | |||
| 2000-02-22 | 56 | 0 | JURY TRIAL before Judge Richard W. Story begins, motion hearing held. Court orally denies [38-1], [39-1], [40-1], grants in part and denies in part [44-1]. Jury pool sworn, jurors selected and sworn. Opening argument by pla and dfts. Pla's exhibits P40-48, 121 admitted, dfts' exhibit D10 admitted. Witness Dart Kendall sworn and testified. (pdw) (Entered: 02/23/2000) | |||
| 2000-02-23 | 57 | 0 | Objections by defendants to deposition testimony of Randall Lewis. (pdw) (Entered: 02/23/2000) | |||
| 2000-02-23 | 58 | 0 | JURY TRIAL before Judge Richard W. Story continues. Parties stipulate to back pay. Dfts' objection to deposition of Randall Lewis filed in open court. Witness Dart Kendall recalled. Exhibits P6, D127, P16, P60, D40, D42, D8, D9, D12, D13, D17, P10, D147, D6 admitted. (pdw) (Entered: 02/24/2000) | |||
| 2000-02-24 | 59 | 0 | JURY TRIAL before Judge Richard W. Story continues. Dfts requested Rule of Sequestration, Court granted. Witness Dart Kendall recalled. Exhibits D26, D5, D36-39, D5, D7, P99 admitted. Witness Singer Stanfield sworn and testified. Exhibits P8, P7, P14, P15, P21 admitted. Witness Tom Basnett sworn and testified. Exhibits P111, D92 admitted. Witness Jose del Rosario sworn and testified. (pdw) (Entered: 02/25/2000) | |||
| 2000-02-24 | 60 | 0 | SUPPLEMENTAL CHARGE on retaliation by plaintiff. (pdw) (Entered: 02/25/2000) | |||
| 2000-02-24 | 61 | 0 | Objections by plaintiff to Randy Lewis deposition (pdw) (Entered: 02/25/2000) | |||
| 2000-02-25 | 62 | 0 | JURY TRIAL before Judge Richard W. Story continues. Video deposition of Randall Lewis shown in open court. Witness David Hayes sworn and testified. Exhibits P138, P22, D2 admitted. Witness Michael Lanier sworn & testified. Exhibits P136, D133 admitted. Witnesses Albert Hogan, Nenny Williams, & William Tanks sworn & testified. (pdw) (Entered: 02/28/2000) | |||
| 2000-02-28 | 63 | 0 | JURY TRIAL before Judge Richard W. Story continues. Plaintiff rest. Witnesses David Hilton, Jimmy Hansford, Kontiki Javley, Michael Ellington, Karen Wallace, & Robert Hightower sworn & testified. Exhibits P146, D148, D149, P137, D66, D126, D150, D133, D85, P59-90, D130, D131, D129, D132, D134, D23, & D84 admitted. (pdw) (Entered: 02/29/2000) | |||
| 2000-02-29 | 64 | 0 | JURY TRIAL before Judge Richard W. Story continues. Witness Robert Hightower continued testimony. Witnesses Jimmy Walker, David Hankerson, Sheila Buckner, Mike Barton, & Lewis Young sworn & testified. Exhibits P95, D15, D59, D14, D90, D24, D22, D46, D48, D3, D4, D124, D125, D57, & D58 admitted. (pdw) (Entered: 03/01/2000) | |||
| 2000-02-29 | 65 | 0 | Objections by plaintiff to dfts' [53-1] requested jury charges. (pdw) (Entered: 03/01/2000) | |||
| 2000-03-01 | 66 | 0 | JURY TRIAL before Judge Richard W. Story continues. Witness Lewis Young continued testimony. Witnesses Marty Sable, Eric Stringer, Jr., Sandra Chastain, Perry Marcus, David Hayes, & Alan Gibson sworn and testified. Exhibits D110, D111, D112, D51, D52, D151, D54, D152, D68, & D84 admitted. (pdw) (Entered: 03/02/2000) | |||
| 2000-03-01 | 67 | 0 | REQUEST TO CHARGE by defendants (pdw) (Entered: 03/02/2000) | |||
| 2000-03-02 | 68 | 0 | JURY TRIAL before Judge Richard W. Story continues. Witness Alan Gibson continued testimony. Witnesses George Lehner, Bobby White, Van Cunningham, Brian Harrell, & Becky Denlinger sworn & testified. Defendants objected to witness Dennis Thayer. Witness Dennis Thayer sworn & testified outside presence of the jury. Court sustained defendants' objection. Exhibits D153, D154, D155, D158, D156, & D157. Defendants' rest. Rebuttal witness Gene Mike Vickery sworn & testified. Rebuttal witness Dart Kendall recalled. Plaintiff rest. Defendants move for Rule 50 judgment. Plaintiff moves for Rule 50 judgment. Court takes under advisement. (pdw) (Entered: 03/03/2000) | |||
| 2000-03-03 | 69 | 0 | JURY TRIAL before Judge Richard W. Story concluded. Court grants dfts motion as to all Title 7, the 1983 claim will remain. Court dismisses all claims as to dft Robert Hightower. Court denies pla's Rule 50 motion. Charge conference held. Exhibits P22, P147 admitted. Plaintiff's closing arguments. Defendants' closing arguments. Court charges the jury. Jury deliberates and renders verdict in favor of dfts and against plaintiffs. (pdw) (Entered: 03/07/2000) | |||
| 2000-03-03 | 70 | 0 | VERDICT of Jury for defendants. (pdw) (Entered: 03/07/2000) | |||
| 2000-03-07 | 71 | 0 | JUDGMENT ENTERED for defendants Cobb County, David Hayes, Jimmy Walker, & Henry Young, judgment having already been granted as to dft Robert Hightower, against plaintiff for the costs of this action. (pdw) (Entered: 03/07/2000) | |||
| 2000-03-22 | 72 | 0 | TRANSCRIPT filed RE: opening statements for dates of 2/22/00 Court Reporter: Sharon D. Upchurch - (pdw) (Entered: 03/23/2000) | |||
| 2000-03-22 | 73 | 0 | NOTICE OF APPEAL by plaintiff from the Court's 2/22/00 verbal order as to defendants' and plaintiff's motions in limine, the Court's 3/3/00 charge to the jury [69-1], the Court's 3/3/00 verbal order granting judgment as a matter of law to defendant Hightower, [70-1] jury verdict, & [71-1] judgment. FILING FEE $ 105.00 RECEIPT # 452312 Appeal information sheet due 4/5/00 (AIS & civil app stmt to cnsl at filing) (pdw) (Entered: 03/23/2000) | |||
| 2000-03-28 | 74 | 0 | AMENDED JUDGMENT for dfts Cobb County, Georgia, David E. Hayes, Jimmy Walker, Henry Lewis Young against plaintiff for the costs of this action. (cc) (pdw) (Entered: 03/28/2000) | |||
| 2000-03-30 | 75 | 0 | Acknowledgment by USCA RE: [73-1] appeal USCA dkt no. 00-11495 (epm) (Entered: 03/31/2000) | |||
| 2000-04-06 | 76 | 0 | Bill of costs of defendants, with brief in support. (pdw) (Entered: 04/07/2000) | |||
| 2000-04-18 | 77 | 0 | Appeal information sheet RE: [73-1] appeal - USCA dkt # 00-11495 COR due 4/28/00 (epm) (Entered: 04/19/2000) | |||
| 2000-04-24 | 78 | 0 | Objections by plaintiff to [76-1] bill of costs (pdw) (Entered: 04/25/2000) | |||
| 2000-05-01 | 79 | 0 | Financial arrangements completed RE: [73-1] appeal Transcript(s) due on 5/31/00 (epm) (Entered: 05/02/2000) | |||
| 2000-05-01 | 80 | 0 | TRANSCRIPT filed RE: for dates of 2/22/00, 3/2/00, 3/3/00 Court Reporter: Sharon Upchurch - (pdw) (Entered: 05/02/2000) | |||
| 2000-05-02 | 81 | 0 | Objections & reply by defendants to [78-1] pla's objection to dft's bill of costs. (pdw) (Entered: 05/03/2000) | |||
| 2000-04-21 | 82 | 0 | Appeal information sheet RE: [73-1] appeal - USCA dkt # 00-11495 Court Reporter(s): Sharon Upchurch Financial Arrangements Due 5/1/00 (epm) (Entered: 05/03/2000) | |||
| 2000-05-11 | 83 | 0 | MOTION by dfts to require pla/aplt to order additional transcript for consideration on appeal with brief in support. (ck) (Entered: 05/12/2000) | |||
| 2000-05-16 | 84 | 0 | ORDER by Judge Richard W. Story OVERRULING [78-1] objection by Dart Kendall to the Bill of Costs. Costs are taxed as provided by the Clerk [76-1] (cc) (ck) (Entered: 05/16/2000) | |||
| 2000-06-14 | 85 | 0 | ORDER by Judge Richard W. Story DENYING AS MOOT the [83-1] motion to require pla/aplt to order additional transcript for consideration on appeal by defendants. (cc) (ck) (Entered: 06/14/2000) | |||
| 2000-07-03 | 86 | 0 | Certified copy of ORDER of USCA DISMISSING [73-1] appeal, pursuant to 11th Cir.R. 42-1(c) USCA dkt no. 00-11495-DD (ck) (Entered: 07/06/2000) |