Case details

Court: med
Docket #: 2:06-cv-00129
Case Name: PARKER v. SOUTH PORTLAND, CITY OF et al
PACER case #: 33743
Date filed: 2006-07-26
Date terminated: 2007-10-29
Assigned to: MAGISTRATE JUDGE DAVID M. COHEN
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
STEPHEN PARKER
Plaintiff
 
BENJAMIN R. GIDEON
BERMAN & SIMMONS, P.A.
P. O. BOX 961
LEWISTON, ME 04243
207-784-3576
Email: bgideon@bermansimmons.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
SOUTH PORTLAND, CITY OF
Defendant
TERMINATED: 07/18/2007		 
EDWARD R. BENJAMIN , JR.
DRUMMOND WOODSUM
84 MARGINAL WAY
SUITE 600
PORTLAND, ME 04101
(207) 772-1941
Email: ebenjamin@dwmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
SOUTH PORTLAND POLICE DEPARTMENT
Defendant
TERMINATED: 07/18/2007		 
EDWARD R. BENJAMIN , JR.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
EDWARD GOOGINS
Defendant
in his individual and official capacities TERMINATED: 07/18/2007		 
EDWARD R. BENJAMIN , JR.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
KEVIN S GERRISH
Defendant
in his individual and official capacities		 
EDWARD R. BENJAMIN , JR.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

ROSIE M. WILLIAMS
THOMPSON & BOWIE, LLP
THREE CANAL PLAZA
P.O. BOX 4630
PORTLAND, ME 04112
(207) 774-2500
Email: rwilliams@thompsonbowie.com
TERMINATED: 01/24/2008
ATTORNEY TO BE NOTICED
JEFFREY CALDWELL
Defendant
in his individual and official capacities TERMINATED: 07/18/2007		 
EDWARD R. BENJAMIN , JR.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
TODD BERNARD
Defendant
in his individual and official capacities TERMINATED: 07/18/2007		 
EDWARD R. BENJAMIN , JR.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-07-26 1 0 COMPLAINT against SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD with Jury Demand IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by STEPHEN PARKER. (Service of Process Deadline 11/24/2006)(bfa, ) (Entered: 07/27/2006)
2006-07-27 2 0 Summons Issued as to SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Caldwell summons# 2 City of South Portland summons# 3 Gerrish summons# 4 Googins summons# 5 SPPD summons)(bfa, ) (Entered: 07/27/2006)
2006-08-09 3 0 SUMMONS Returned Executed SOUTH PORTLAND, CITY OF served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-09 4 0 SUMMONS Returned Executed SOUTH PORTLAND POLICE DEPARTMENT served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-09 5 0 SUMMONS Returned Executed EDWARD GOOGINS served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-09 6 0 SUMMONS Returned Executed KEVIN S GERRISH served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-09 7 0 SUMMONS Returned Executed JEFFREY CALDWELL served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-09 8 0 SUMMONS Returned Executed TODD BERNARD served on 8/4/2006. (GIDEON, BENJAMIN) (Entered: 08/09/2006)
2006-08-21 9 0 ANSWER to Complaint with Jury Demand by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD.(BENJAMIN, EDWARD) (Entered: 08/21/2006)
2006-08-21 10 0 SCHEDULING ORDER: Discovery due by 1/22/2007. Motions due by 2/12/2007. Ready for Trial on 5/7/2007. By Judge DAVID M. COHEN. (mjlt, ) (Entered: 08/21/2006)
2006-11-10 11 0 MOTION for Protective Order by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD.Responses due by 12/1/2006. (BENJAMIN, EDWARD) (Entered: 11/10/2006)
2006-11-13 12 0 CONSENT CONFIDENTIALITY ORDER Granting 11 Motion for Protective Order. By Judge GEORGE Z. SINGAL. (smd, ) (Entered: 11/13/2006)
2007-02-12 13 0 MOTION for Summary Judgment by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD With Incorporated Memorandum.Responses due by 3/5/2007. (BENJAMIN, EDWARD) (Entered: 02/12/2007)
2007-02-12 14 0 STATEMENT OF FACT by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD. (Attachments: # 1 Affidavit of Kevin Gerrish# 2 Exhibit 1-Attachment to Gerrish Affidavit# 3 Affidavit of Jeffrey Caldwell# 4 Affidavit of Todd Bernard# 5 Affidavit of Edward Googins# 6 Exhibit 1to Googins Affidavit# 7 Exhibit 2 Deposition of Stephen Parker)(BENJAMIN, EDWARD) (Entered: 02/12/2007)
2007-02-21 15 0 Unopposed MOTION to Extend Time two weeks to reply to Motion for Summary Judgment by STEPHEN PARKER.Responses due by 3/14/2007. (GIDEON, BENJAMIN) (Entered: 02/21/2007)
2007-02-21 16 0 ORDER granting without objection 15 Unopposed Motion to Extend Time to Respond Motion for Summary Judgment By DEPUTY CLERK: S. Durst. (smd, ) (Entered: 02/21/2007)
2007-02-21 17 0 NOTICE - Please be advised that due to the pending Motion for Summary Judgment, this case will not appear on Judge Singal's April 30, 2007 Civil Trial List. This case will be placed on a trial list following a ruling on the summary judgment motion. (smd, ) (Entered: 02/21/2007)
2007-03-19 18 0 Unopposed MOTION for Leave to File an Opposition Memorandum of Law in Excess of Twenty Pages by STEPHEN PARKER.Responses due by 4/9/2007. (GIDEON, BENJAMIN) (Entered: 03/19/2007)
2007-03-19 19 0 ORDER granting without objection 18 Motion for Leave to File By DEPUTY CLERK: S. Durst. (smd, ) (Entered: 03/19/2007)
2007-03-19 20 0 RESPONSE to Statement of Fact with Statement of Additional Facts filed by STEPHEN PARKER. (Attachments: # 1 Exhibit 1 SPPD Incident Report# 2 Exhibit 2 - Taser# 3 Exhibit 3 - DVD# 4 Exhibit 4 - Use of Force# 5 Exhibit 5 - Use of Taser# 6 Exhibit 6 - Board Decision in Parker)(GIDEON, BENJAMIN) (Entered: 03/19/2007)
2007-03-19 21 0 RESPONSE in Opposition re 13 MOTION for Summary Judgment filed by STEPHEN PARKER.Reply due by 3/30/2007. (Attachments: # 1 Affidavit of John Ryan# 2 Exhibit 1 to Affidavit of John Ryan - CV# 3 Exhibit 2 to Affidavit of John Ryan - Amnesty Report pages 1-12# 4 Exhibit 2 to Affidavit of John Ryan - Amnesty Report pages 13-25# 5 Exhibit 2 to Affidavit of John Ryan - Amnesty Report pages 26-45# 6 Affidavit of Benjamin R. Gideon, Esq.# 7 Exhibit 1 to Affidavit of Ben Gideon - Stun Gun Fallacy - part 1# 8 Exhibit 1 to Affidavit of Ben Gideon - Stun Gun Fallacy - part 2# 9 Exhibit 2 to Affidavit of Ben Gideon - PERF# 10 Exhibit 3 to Affidavit of Ben Gideon - Googins Deposition# 11 Exhibit 4 to Affidavit of Ben Gideon - Gerrish Deposition# 12 Exhibit 5 to Affidavit of Ben Gideon - Caldwell Deposition# 13 Exhibit 6 ot Affidavit of Ben Gideon - Bernard Deposition# 14 Exhibit 7 to Affidavit of Ben Gideon - DVD Draper case)(GIDEON, BENJAMIN) (Entered: 03/19/2007)
2007-03-21 22 0 Unopposed MOTION to Extend Time Extention of time to file reply memorandum and reply statement in support of summary judgment by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD With Incorporated Memorandum of Law.Responses due by 4/11/2007. (BENJAMIN, EDWARD) (Entered: 03/21/2007)
2007-03-22 23 0 ORDER granting without objection 22 Motion to Extend Time to April 6, 2007 to file reply to Motion for Summary Judgment. By DEPUTY CLERK: S. Durst. (smd, ) (Entered: 03/22/2007)
2007-04-06 24 0 REPLY to Response to Motion re 13 MOTION for Summary Judgment filed by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD. (BENJAMIN, EDWARD) (Entered: 04/06/2007)
2007-04-06 25 0 REPLY TO ADDITIONAL Statement of Fact filed by SOUTH PORTLAND, CITY OF, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, KEVIN S GERRISH, JEFFREY CALDWELL, TODD BERNARD. (Attachments: # 1 Affidavit of Frank Clark# 2 Exhibit 1-Clark Affidavit# 3 Exhibit 2-Clark Affidavit)(BENJAMIN, EDWARD) (Entered: 04/06/2007)
2007-05-18 26 0 REPORT AND RECOMMENDED DECISION re 13 MOTION for Summary Judgment filed by KEVIN S GERRISH, SOUTH PORTLAND POLICE DEPARTMENT, EDWARD GOOGINS, TODD BERNARD, SOUTH PORTLAND, CITY OF, JEFFREY CALDWELL. Objections to R&R due by 6/7/2007. By Judge DAVID M. COHEN. (mnw, ) (Entered: 05/18/2007)
2007-06-07 27 0 Objection to Report and Recommended Decision re 26 Report and Recommended Decision,. filed by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 06/07/2007)
2007-06-25 28 0 Response to Objection to Report and Recommended Decision re 26 Report and Recommended Decision, filed by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 06/25/2007)
2007-07-18 29 0 ORDER adopting Report and Recommended Decision re 26 Report and Recommendations.; granting in part and denying in part 13 Motion for Summary Judgment By Judge GEORGE Z. SINGAL. (mjlt, ) (Entered: 07/18/2007)
2007-07-19 30 0 TRIAL LIST:. On Trial List for 9/10/2007., Final Pretrial Conference set for 8/13/2007 01:00 PM before MAG. JUDGE DAVID M. COHEN.,Final Pretrial Memo due by 8/6/2007.(mjlt, ) (Entered: 07/19/2007)
2007-07-20 31 0 NOTICE of Hearing : Final Pretrial Conference reset for 8/8/2007 09:00 AM before MAG. JUDGE DAVID M. COHEN in his Chambers per request of Atty Benjajin and without objection from Atty Gideon. Final Pretrial Memo's due by 8/6/2007. (slh, ) (Entered: 07/20/2007)
2007-07-31 32 0 FINAL PRETRIAL MEMORANDUM by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 07/31/2007)
2007-08-01 33 0 NOTICE of Appearance by ROSIE M. WILLIAMS on behalf of KEVIN S GERRISH (WILLIAMS, ROSIE) (Entered: 08/01/2007)
2007-08-06 34 0 FINAL PRETRIAL MEMO by STEPHEN PARKER. (GIDEON, BENJAMIN) Modified on 8/6/2007 to edit text to reflect that the document attached is a final pretrial memo (mnw, ). (Entered: 08/06/2007)
2007-08-08 35 0 CONSENT to Jurisdiction by US Magistrate Judge by STEPHEN PARKER, KEVIN S GERRISH. Case reassigned to Magistrate Judge DAVID M. COHEN. (mjlt, ) (Entered: 08/08/2007)
2007-08-08 36 0 Minute Entry for proceedings held before Judge DAVID M. COHEN : Final Pretrial Conference held. (Court Reporter none) (COHEN, DAVID) Modified on 8/9/2007 to correct filing/conference date (slh, ). (Entered: 08/09/2007)
2007-08-09 37 0 REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER By Mag.Judge DAVID M. COHEN. Estimated length of trial 3 days. Jury Trial set for 10/15/2007 08:30 AM before MAG. JUDGE DAVID M. COHEN. Jury Selection set for 10/1/2007 09:00AM before MAG. JUDGE DAVID M. COHEN. Trial Briefs and related documents due by 9/26/2007. Proposed voir dire due 9/24/07. (slh, ) (Entered: 08/09/2007)
2007-08-17 38 0 NOTICE of Hearing:Jury Trial reset for 10/24/2007 08:30 AM in Courtroom 1 before MAG. JUDGE DAVID M. COHEN. Trial will run on an 8:30AM-2:00PM schedule with breaks but no lunch break. Estimated trial time is 3 days. Jury Selection remains set for 10/1/2007 09:00AM before MAG. JUDGE DAVID M. COHEN.(slh, ) (Entered: 08/17/2007)
2007-08-17 39 0 MOTION to Amend 37 Report of Final Pretrial Conference and Order, by STEPHEN PARKER.Responses due by 9/7/2007. (GIDEON, BENJAMIN) (Entered: 08/17/2007)
2007-08-20 40 0 RESPONSE to Motion re 39 MOTION to Amend 37 Report of Final Pretrial Conference and Order, filed by KEVIN S GERRISH.Reply due by 8/31/2007. (BENJAMIN, EDWARD) (Entered: 08/20/2007)
2007-08-20 41 0 ORDER granting 39 Motion to Amend Pre-Trial Order By Judge DAVID M. COHEN. The Report of Final Pretrial Conference and Order (Docket No. 37) is amended to include the changes noted in the plaintiff's motion to amend (Docket No. 39) and the defendant's response thereto noted in the defendant's Response to Motion to Amend Pre-Trial Order (Docket No. 40). (COHEN, DAVID) (Entered: 08/20/2007)
2007-09-21 42 0 Proposed Voir Dire by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/21/2007)
2007-09-24 43 0 NOTICE/CORRESPONDENCE Re: Case Firm for Trial & Scheduling of Depositions by STEPHEN PARKER (GIDEON, BENJAMIN) (Entered: 09/24/2007)
2007-09-24 44 0 Proposed Voir Dire by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 09/24/2007) 2016-02-08 18:49:02 8d17d38aabd50785c7256d18dd6662ebdca7df22
2007-09-24 45 0 Proposed Voir Dire AMENDED by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/24/2007)
2007-09-26 46 0 Proposed Jury Instructions by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/26/2007)
2007-09-26 47 0 Joint Exhibit List by STEPHEN PARKER & KEVIN GERRISH. (GIDEON, BENJAMIN) Modified on 10/25/2007 to note this is a joint filing (slh, ). (Entered: 09/26/2007)
2007-09-26 48 0 Proposed Jury Verdict Form by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/26/2007)
2007-09-26 49 0 TRIAL BRIEF by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/26/2007)
2007-09-26 50 0 Witness List by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/26/2007)
2007-09-26 51 0 STIPULATION JOINT by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 09/26/2007)
2007-09-26 52 0 TRIAL BRIEF by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 09/26/2007)
2007-09-26 53 0 Witness List by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 09/26/2007)
2007-09-26 54 0 Proposed Jury Instructions by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 09/26/2007)
2007-09-26 55 0 Proposed Jury Verdict Form by STEPHEN PARKER. (GIDEON, BENJAMIN) (Entered: 09/26/2007)
2007-10-01 56 0 Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Conference of Counsel held. (Court Reporter None) (slh, ) (Entered: 10/01/2007)
2007-10-01 57 0 Minute Entry for proceedings held before Judge DAVID M. COHEN : Jury Selection held. (Court Reporter Dennis Ford) (smd, ) (Entered: 10/02/2007)
2007-10-10 58 0 MOTION in Limine to Exclude Portions of Trial Deposition of Lucinda Sterling by STEPHEN PARKER.Responses due by 10/31/2007. (Attachments: # 1 Exhibit 1 - Transcript pages 1-15# 2 Exhibit 1- Transcript pages 16-31# 3 Exhibit 1 - Transcript pages 32-49# 4 Exhibit 1 - Transcript pages 50-65# 5 Exhibit 1 - Transcript pages 66-79# 6 Exhibit 2 - Videotape)(GIDEON, BENJAMIN) (Entered: 10/10/2007)
2007-10-10 59 0 ORDER By Mag.Judge DAVID M. COHEN per tele-call to counsel by Deputy Clerk Hall re 58 MOTION in Limine to Exclude Portions of Trial Deposition of Lucinda Sterling filed by STEPHEN PARKER, Reset Deadlines as to 58 MOTION in Limine to Exclude Portions of Trial Deposition of Lucinda Sterling.Response due by 10/12/2007.Reply due by NOON 10/16/2007.. (slh, ) (Entered: 10/10/2007)
2007-10-12 60 0 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column by STEPHEN PARKER.Responses due by 11/2/2007. (Attachments: # 1 Exhibit 1- Op-Ed column "Tasers help officers save lives")(GIDEON, BENJAMIN) (Entered: 10/12/2007)
2007-10-12 61 0 ORDER By Mag.Judge DAVID M. COHEN per tele-call to counsel by Deputy Clerk Hall re 60 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column filed by STEPHEN PARKER, Reset Deadlines as to 60 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column.Response due by NOON 10/15/2007.Reply due by NOON 10/16/2007. (slh, ) (Entered: 10/12/2007)
2007-10-12 62 0 ORDER granting without objection 58 Motion in Limine to Exclude Portions of Trial Deposition of Lucinda Sterling By Judge DAVID M. COHEN. (COHEN, DAVID) (Entered: 10/12/2007)
2007-10-15 63 0 RESPONSE to Motion re 60 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column filed by KEVIN S GERRISH.Reply due by 10/26/2007. (BENJAMIN, EDWARD) (Entered: 10/15/2007)
2007-10-15 64 0 ADDITIONAL ATTACHMENT filed by STEPHEN PARKER re 58 Motion in Limine,. Main Document: Exhibit 2: videotape of Lucinda "Cindi" Sterling's deposition received. (slh, ) (Entered: 10/16/2007)
2007-10-17 65 0 NOTICE of Hearing on Motion per tele-call to counsel Re: 60 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column : Telephone Motion Hearing set for 10/18/2007 02:30 PM before MAG. JUDGE DAVID M. COHEN. Pltf to initiate conference call to Chambers.(slh, ) (Entered: 10/17/2007)
2007-10-18 66 0 Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Telephone Motion Hearing held re 60 MOTION in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column filed by STEPHEN PARKER. (Court Reporter Lori Dunbar) (slh, ) (Entered: 10/19/2007)
2007-10-18 67 0 ORDER granting in part 60 Motion in Limine to Exclude Testimony of Frank Clark and to Poll the Jury Concerning Clark's Op-Ed Column By Mag.Judge DAVID M. COHEN. Motion granted insofar as it prayed for polling of the jury and mooted insofar as it prayed to exclude the testimony of Frank Clark as this witness was voluntarily withdrawn by Atty Benjamin. (slh, ) (Entered: 10/19/2007)
2007-10-23 68 0 Exhibit List Amended Joint by STEPHEN PARKER & KEVIN GERRISH. (GIDEON, BENJAMIN) Modified on 10/25/2007 to note this is a joint filing (slh, ). (Entered: 10/23/2007)
2007-10-24 69 0 MOTION in Limine to Exclude Testimony of Blood-Alcohol Test by STEPHEN PARKER.Responses due by 11/14/2007. (GIDEON, BENJAMIN) (Entered: 10/24/2007)
2007-10-26 70 0 Minute Entry for proceedings held before Mag.Judge DAVID M. COHEN : Jury Trial Completed. Jury retired to deliberate 12:42pm; verdict returned for pltf 4:55pm. (Court Reporter Lori Dunbar (Court Reporter Lori Dunbar) (slh, ) (Entered: 10/29/2007)
2007-10-26 71 0 Court Witness List from Jury Trial held on Oct 24-26, 2007. (slh, ) (Entered: 10/29/2007)
2007-10-26 72 0 Court Exhibit List from Jury Trial held on Oct 24-26, 2007. (slh, ) (Entered: 10/29/2007)
2007-10-26 73 0 JURY VERDICT for pltf. (slh, ) (Entered: 10/29/2007)
2007-10-29 74 0 Kepreos Order Prohibiting Post-Verdict Contact with Jurors (cc: jurors) By DEPUTY CLERK: Hall for the Court. (slh, ) (Entered: 10/29/2007)
2007-10-29 75 0 JUDGMENT in favor of pltf against dft Gerrish in the amount of $111,000.00 By DEPUTY CLERK: Hall for the Court. (slh, ) (Entered: 10/29/2007)
2007-10-26 76 0 Oral MOTION for Judgment as a Matter of Law by KEVIN S GERRISH. (slh, ) (Entered: 11/07/2007)
2007-10-26 77 0 ORDER denying 76 Motion for Judgment as a Matter of Law By Mag.Judge DAVID M. COHEN. (slh, ) (Entered: 11/07/2007)
2007-10-26 78 0 Oral MOTION for Judgment as a Matter of Law Renewed by KEVIN S GERRISH. (slh, ) (Entered: 11/07/2007)
2007-10-26 79 0 ORDER denying 78 Renewed Motion for Judgment as a Matter of Law By Mag.Judge DAVID M. COHEN. (slh, ) (Entered: 11/07/2007)
2007-11-09 80 0 Renewed MOTION for Judgment as a Matter of Law by KEVIN S GERRISH.Responses due by 11/30/2007. (Attachments: # 1 Exhibit 1-Jury Note# 2 Exhibit 2-Berube Opinion)(BENJAMIN, EDWARD) (Entered: 11/09/2007)
2007-11-09 81 0 MOTION for Attorney Fees and Costs by STEPHEN PARKER.Responses due by 11/30/2007. (Attachments: # 1 Affidavit Benjamin R. Gideon, Esq.# 2 Exhibit A - Bill for Fees# 3 Exhibit B- Bill of Costs)(GIDEON, BENJAMIN) (Entered: 11/09/2007)
2007-11-13 82 0 TRANSCRIPT of Proceedings Trial Volume I held on 10/24/07 before Judge David M. Cohen. Court Reporter: Lori Dunbar. For a bound copy of this transcript, contact Lori Dunbar at (207) 749-4072. NOTICE: -- Transcripts are NOT remotely electronically available via PACER at this time. (DUNBAR, LORI) (Entered: 11/13/2007)
2007-11-13 83 0 TRANSCRIPT of Proceedings Trial Volume II held on 10/25/07 before Judge David M. Cohen. Court Reporter: Lori Dunbar. For a bound copy of this transcript, contact Lori Dunbar at (207) 749-4072. NOTICE: -- Transcripts are NOT remotely electronically available via PACER at this time. (DUNBAR, LORI) (Entered: 11/13/2007)
2007-11-13 84 0 TRANSCRIPT of Proceedings Trial Volume III held on 10/26/07 before Judge David M. Cohen. Court Reporter: Lori Dunbar. For a bound copy of this transcript, contact Lori Dunbar at (207) 749-4072. NOTICE: -- Transcripts are NOT remotely electronically available via PACER at this time. (DUNBAR, LORI) (Entered: 11/13/2007)
2007-11-26 85 0 Unopposed MOTION to Extend Time One Week To Respond to Defendant's Motion for Judgment, New Trial by STEPHEN PARKERResponses due by 12/17/2007. (GIDEON, BENJAMIN) (Entered: 11/26/2007)
2007-11-27 86 0 Unopposed Amended MOTION to Extend Time One Week to Reply to Defendant's Motion for Judgment, New Trial by STEPHEN PARKERResponses due by 12/18/2007. (GIDEON, BENJAMIN) Modified on 11/27/2007 to add text to reflect that this is an amended motion (slh, ). (Entered: 11/27/2007)
2007-11-27 87 0 ORDER granting 86 Motion to Extend Time By Judge DAVID M. COHEN. The plaintiff's deadline for responding to the defendant's motion for judgment, new trial is enlarged to December 7, 2007. (COHEN, DAVID) (Entered: 11/27/2007)
2007-11-28 88 0 RESPONSE to Motion re 81 MOTION for Attorney Fees and Costs filed by KEVIN S GERRISH.Reply due by 12/10/2007. (BENJAMIN, EDWARD) (Entered: 11/28/2007)
2007-12-06 89 0 Unopposed MOTION for Leave to File In Excess Of Page Limit by STEPHEN PARKERResponses due by 12/27/2007. (GIDEON, BENJAMIN) (Entered: 12/06/2007)
2007-12-07 90 0 ORDER granting 89 Motion for Leave to File By MAGISTRATE JUDGE DAVID M. COHEN. (COHEN, DAVID) (Entered: 12/07/2007)
2007-12-07 91 0 RESPONSE to Motion re 80 Renewed MOTION for Judgment as a Matter of Law or New Trial filed by STEPHEN PARKER.Reply due by 12/18/2007. (GIDEON, BENJAMIN) (Entered: 12/07/2007)
2007-12-12 92 0 Unopposed MOTION to Extend Time to File Reply Memorandum by 2 days by KEVIN S GERRISHResponses due by 1/2/2008. (BENJAMIN, EDWARD) (Entered: 12/12/2007)
2007-12-13 93 0 ORDER granting 92 Motion to Extend Time By MAGISTRATE JUDGE DAVID M. COHEN. The defendant's deadline for filing a reply memorandum in support of his renewed motion for judgment as a matter of law or for new trial is enlarged to December 20, 2007. (COHEN, DAVID) (Entered: 12/13/2007)
2007-12-19 94 0 REPLY to Response to Motion re 80 Renewed MOTION for Judgment as a Matter of Law or New Trial filed by KEVIN S GERRISH. (BENJAMIN, EDWARD) (Entered: 12/19/2007)
2007-12-20 95 0 ORDER denying 80 Motion for Judgment as a Matter of Law By MAGISTRATE JUDGE DAVID M. COHEN. After a careful review and consideration of the motion papers and the parties' respective positions, the defendant's renewed motion for judgment as a matter of law is denied inasmuch as I am satisfied that, on the trial record, he is not entitled to qualified immunity on the excessive force issue and that there is a legally sufficient evidentiary basis for the jury's verdict on that issue. The defendant's alternative motion for a new trial is likewise denied inasmuch as I conclude that his claim that the jury likely found damages for which he is not legally responsible is meritless. (COHEN, DAVID) (Entered: 12/20/2007)
2007-12-20 96 0 ORDER granting 81 Motion for Attorney Fees By MAGISTRATE JUDGE DAVID M. COHEN. Through this motion, the plaintiff seeks attorney fees, costs and prejudgment and postjudgment interest totaling $124,394.93 as of November 9, 2007, the motion-filing date. The defendant has objected solely on the basis that he reserved his right to contest the plaintiffs status as a prevailing party via his then-pending renewed motion for judgment as a matter of law and/or for a new trial. See Docket No. 88. Earlier today, I denied the defendants renewed motion for judgment as a matter of law and/or for a new trial. See Docket No. 95. Accordingly, the plaintiffs motion for attorney fees, costs and interest is GRANTED as prayed for. (COHEN, DAVID) (Entered: 12/20/2007)
2008-01-02 97 0 NOTICE OF APPEAL by KEVIN S GERRISH. ( Filing fee $ 455 receipt number 01000000000000428390.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at http://www.med.uscourts.gov/operations/forms/transcript%20order.pdf MUST be completed and submitted to the Court of Appeals. (BENJAMIN, EDWARD) (Entered: 01/02/2008)
2008-01-04 98 0 APPEAL COVER SHEET Re: 97 Notice of Appeal, (bfa) (Entered: 01/04/2008)
2008-01-04 99 0 CLERK'S CERTIFICATE Re: 97 Notice of Appeal, filed by KEVIN S GERRISH. Documents Sent to U.S. Court of Appeals: 97,98,99 (bfa) (Entered: 01/04/2008)
2008-01-15 100 0 USCA Case Number 08-1045 for 97 Notice of Appeal, filed by KEVIN S GERRISH. (bfa) (Entered: 01/16/2008)
2008-01-24 101 0 Unopposed MOTION by Attorney Rosie M. Williams to Withdraw as Attorney by KEVIN S GERRISHResponses due by 2/14/2008. (WILLIAMS, ROSIE) (Entered: 01/24/2008)
2008-01-24 102 0 ORDER granting 101 Motion to Withdraw as Attorney. Attorney ROSIE M. WILLIAMS terminated By MAGISTRATE JUDGE DAVID M. COHEN. (COHEN, DAVID) (Entered: 01/24/2008)
2008-03-19 103 0 CLERK'S CERTIFICATE Re: 97 Notice of Appeal, filed by KEVIN S GERRISH. Documents Sent to U.S. Court of Appeals: 1 - 101, videotape of Lucinda Sterling's depo (bfa) (Entered: 03/19/2008)
2008-11-05 104 0 Opinion of USCA Re: 97 Notice of Appeal, filed by KEVIN S GERRISH Check for Receipt of Mandate on 12/5/2008. (mjlt) (Entered: 11/06/2008)
2008-12-08 105 0 MANDATE of USCA as to 97 Notice of Appeal, filed by KEVIN S GERRISH ( Check for Receipt of Appeal Record on 2/6/2009.) (lrc) (Entered: 12/08/2008)
2008-12-08 106 0 Court EXHIBITS from Trial held on 10/24/07 disposed of at the Clerk's Office.(lrc) (Entered: 12/08/2008)
2008-12-08 107 0 Plaintiff's EXHIBITS from the Trial held on 10/24/2007 disposed of at the Clerk's Office pursuant to Attorney Gideon's request.(lrc) (Entered: 12/08/2008)