Covington v. White et al

Plaintiff: Gary Covington
Defendant: Ronnie White, Uless Wallace and John Does
Case Number: 2:2012cv00123
Filed: June 22, 2012
Court: Arkansas Eastern District Court
Office: Helena Office
County: Clark
Presiding Judge: D. P. Marshall
Nature of Suit: Other Civil Rights
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 15, 2015 252 Opinion or Order of the Court ORDER denying in part as moot and granting in part as modified 248 Motion for Referral. The disputes regarding the claimants have been resolved. The Court refers the fee issue to Magistrate Judge Volpe. Covington must provide full documentation to the City and The County about his requested attorney's fee and expenses seven calendar days before the mediation. Signed by Judge D. P. Marshall Jr. on 10/15/2015. (jak)
September 29, 2015 247 Opinion or Order of the Court JUDGMENT: Covington's remaining claims against Dale Acosta are dismissed without prejudice. Covington's remaining claims against Ronnie White are dismissed without prejudice. The class claims, which were the only remaining claims against Ul es Wallace, Neal Byrd, and Herman Hall, are dismissed with prejudice based on the settlement. Pursuant to the parties' settlement, class counsel is entitled to a reasonable fee and expenses. The Court retains jurisdiction over settlement-related issues until 31 December 2015. Signed by Judge D. P. Marshall Jr. on 9/29/2015. (jak)
September 22, 2015 237 Opinion or Order of the Court ORDER pursuant to General Order 54, the Court authorizes the lawyers, support personnel, and law enforcement to bring a cell phone, laptop computer, or personal digital assistant into the Federal Courthouse in Little Rock on 28 September 2015 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 9/22/2015. (jak)
August 28, 2015 227 Opinion or Order of the Court ORDER granting in part and denying in part Motions, 222 & 225 . The fairness hearing is continued until 9:00 a.m. on 28 September 2015. The parties' deadline for verifying claims and deciding whether to stick with the settlement, is extended until 10 September 2015. The Court declines, at this point, to order the proposed notice about tentative classifications. The Court directs Covington to have the Claims Administrator issue the following notice, attached in this Order, now to all claimants and objectors. The Court requests a packet filing from class counsel sometime in the next week or so. Status reports on all pending issues due by 10 September 2015. Signed by Judge D. P. Marshall Jr. on 8/28/2015. (jak)
July 30, 2015 211 Opinion or Order of the Court ORDER: The Court will hold a hearing on 11 September 2015 at 9:00 a.m. to decide whether the proposed class settlement is fair, reasonable, and adequate. The hearing will be in Courtroom 1A of the Richard Sheppard Arnold U.S. Courthouse, 500 West Cap itol Avenue, Little Rock, Arkansas, 72201. The Court will consider all timely objections received by the Claims Administrator. Any class member who wants to be heard about the proposed settlement must be present. Signed by Judge D. P. Marshall Jr. on 7/30/2015. (jak)
May 19, 2015 199 Opinion or Order of the Court ORDER: Motion 194 granted as modified. Please make the noted changes to the draft Notice and the draft claim form and proceed. The Court orders the City and the County to reimburse Sutter & Gillham $8,776.61, split 50/50, by 1 June 2015. Signed by Judge D. P. Marshall Jr. on 5/19/2015. (jak)
April 21, 2015 193 Opinion or Order of the Court AGREED MODIFIED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 4/21/2015. (jak)
March 9, 2015 186 Opinion or Order of the Court ORDER: The parties have informally advised the Court that they've settled. Congratulations. The Court thanks Magistrate Judge Volpe for his efforts bringing everyone together. The 10 March 2015 trial is cancelled. All pending motions, 148 and 176 , are denied without prejudice as moot. Joint report on the proposed settlement, and about further notice and a fairness hearing, due by 18 March 2015. Signed by Judge D. P. Marshall Jr. on 3/9/2015. (jak)
February 24, 2015 180 Opinion or Order of the Court ORDER: The City of Helena-West Helena's liability on the first-appearance issue will be tried the week of March 9th, given that the excessive-force issues in related case No. 2:13-cv-84-DPM have mostly been resolved. Signed by Judge D. P. Marshall Jr. on 2/24/2015. (jak)
January 22, 2015 154 Opinion or Order of the Court ORDER regarding the agenda for the 29 January 2015 hearing. Signed by Judge D. P. Marshall Jr. on 1/22/2015. (jak)
January 7, 2015 147 Opinion or Order of the Court ORDER setting a Joint Report from the parties due 23 January 2015. Motions to Extend Time, 145 and 146 , denied without prejudice as moot. The liability issues are set for trial the week of 9 March 2015. Any trial in the related excessive-force ca se will go first, then this case. The City Defendants' objection to bifurcating liability and damages is overruled. Pretrial disclosure sheets, motions in limine, proposed jury instructions, and all other pretrial filings are due by 6 February 2015. Signed by Judge D. P. Marshall Jr. on 1/7/2015. (jak)
October 28, 2014 127 Opinion or Order of the Court ORDER denying 121 and 122 Motions. The 20 January 2015 trial date for Covington's individual jail-conditions claim remains in place. Any dispositive motion from Wallace, Hall, or Byrd is due by 10 November 2014. Pretrial disclosure sheets, motions in limine, and any other pretrial filings are due by 19 December 2014. The parties should confer and collaborate to file a joint report proposing the form and methods of notice by 7 November 2014. Signed by Judge D. P. Marshall Jr. on 10/28/2014. (jak)
October 15, 2014 119 Opinion or Order of the Court ORDER granting in part and denying in part 74 Motion for Class Certification. Class certified on the first-appearance claim and denied with prejudice on the conditions claim. Covington's individual conditions claim is set for trial on 20 Jan uary 2015. Motion for status conference, 110 , granted. The Court will hold the conference on a mutually convenient date the week of October 27. Scheduling issues in companion case 2:13-cv-84 will be covered at the conference as well. Signed by Judge D. P. Marshall Jr. on 10/15/2014. (jak) (Docket text modified on 10/15/2014 to correct the trial date).(jak)
August 8, 2014 101 Opinion or Order of the Court ORDER noting 100 Joint Status Report. What is the status on the incident reports? Please advise the Court as soon as possible. Signed by Judge D. P. Marshall Jr. on 8/8/2014. (jak)
June 26, 2014 83 Opinion or Order of the Court ORDER granting 82 Motion to Dismiss. All claims against Uless Wallace in his individual capacity are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 6/26/2014. (jak)
May 14, 2014 73 Opinion or Order of the Court ORDER granting 72 Motion to Dismiss Party. All claims against Herman Hall in his individual capacity are dismissed without prejudice. FED. R. CIV. P. 41(a)(2). Signed by Judge D. P. Marshall Jr. on 5/14/2014. (jak)
May 6, 2014 71 Opinion or Order of the Court ORDER denying without prejudice 60 request for qualified immunity. This issue can, of course, be revisited on a more complete record at the summary-judgment stage, at trial, or at both points. Signed by Judge D. P. Marshall Jr. on 5/6/2014. (jak)
March 20, 2014 70 Opinion or Order of the Court ORDER granting in part and denying in part 50 Motion for Partial Summary Judgment. The Court dismisses the claims against Acosta without prejudice. Covington's motion for summary judgment is denied without prejudice as to Wallace and Hall and granted as to Byrd. Signed by Judge D. P. Marshall Jr. on 3/20/2014. (jak)
June 24, 2013 37 Opinion or Order of the Court ORDER denying, without prejudice, 31 Motion to Amend/Correct; denying 32 Motion to Dismiss. This case is severed into two separate cases. This case will proceed only on Covington's jail-conditions/arraignment-policy claims as a putative class action. Covington shall file a third amended complaint limited to those claims by July 3, 2013. The Court directs the Clerk to open a new case with Covington as the plaintiff and Wallace as the defendant. That will be the excessive-force ca se. Covington, joined by Anderson and the Walkers, must file a first amended complaint asserting only excessive-force claims against various defendants by July 3, 2013. The Court directs the Clerk to docket this Order as the only item in the new case. Signed by Judge D. P. Marshall Jr. on 6/24/13. (kpr) (Docket entry modified on 6/25/2013 to correct the file date and the signature date.) (thd).
March 4, 2013 23 Opinion or Order of the Court ORDER denying 7 Motion to Dismiss for Failure to State a Claim. The plaintiff is directed to file an amended complaint by 3/29/13, including the information outlined in this Order. Signed by Judge D. P. Marshall Jr. on 3/4/13. (kpr)

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Plaintiff: Gary Covington
Represented By: Luther Oneal Sutter
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Defendant: Ronnie White
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Defendant: Uless Wallace
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Defendant: John Does
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