Flagg v. Detroit, City of et al
Plaintiff Ernest Flagg, as Next Friend of Jonathan Bond, a minor, sued Defendants City of Detroit, Detroit Police Chief Ella Bully-Cummings, Deputy Detroit Police Chief Cara Best, Assistant Deputy Police Chief Harold Cureton, Commander Craig Schwartz, Policy Lieutenant Billy Jackson, Mayor Kwame Kilpatrick and Christine Beatty. Plaintiff alleged that Defendants intentionally and deliberately worked to terminate or otherwise hinder the investigation into the murder of Tamara Bond-Greene to protect the mayoral administration of Kwame Kilpatrick from embarrassing allegations regarding himself or his family.
| Ernest Flagg |
| Detroit, City of, Ella Bully-Cummings, Cara Best, John Doe, Kwame M. Kilpatrick, Christine Beatty, Harold Cureton, Billy Jackson and Craig Schartz |
| Morganroth & Morganroth, PLLC |
| Detroit Free Press, Inc. |
| Bell Industries, Incorporated |
| 2:2005cv74253 |
| November 7, 2005 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| Wayne |
| Gerald E Rosen |
| R Steven Whalen |
| Civil Rights: Other |
| No cause code entered |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
630
OPINION AND ORDER AWARDING ATTORNEY FEES AND COSTS. Plaintiffs' 621 Motion to Strike is Denied. Signed by District Judge Gerald E. Rosen. (RGun)
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Filing
616
OPINION AND ORDER REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT. Granting 469 MOTION for Summary Judgment; Denying 609 MOTION to Supplement the Summary Judgment Record with New Material Evidence; Granting 614 MOTION For Permission to Correct the Oral Argument Record; and Granting 470 MOTION for Summary Judgment (unsealed) Signed by District Judge Gerald E. Rosen. (RGun)
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Filing
615
ORDER DENYING PLAINTIFFS' 462 Motion for Entry of Default and Other Relief. Signed by District Judge Gerald E. Rosen. (RGun)
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Filing
612
ORDER Adopting Magistrate Judge's 586 Report and Recommendation Regarding 488 Plaintiffs' Request For Entry of Default Based upon Spoliation of Evidence. Signed by District Judge Gerald E. Rosen. (JCur)
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Filing
483
ORDER DENYING PLAINTIFFS' 408 Sealed Motion To Declare Evidence Admissible Under Fed.R.Evid. 804(b)(6). Signed by District Judge Gerald E Rosen. (RGun)
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Filing
438
ORDER granting in part and denying in part 414 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (GWil)
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Filing
413
ORDER REGARDING CARLITA KILPATRICK'S AND BERNARD KILPATRICK'S 409 Motion to Quash. Signed by District Judge Gerald E Rosen. (RGun)
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Filing
383
OPINION AND ORDER DENYING DETROIT FREE PRESS'S 382 Motion for Reconsideration. Signed by District Judge Gerald E Rosen. (RGun)
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Filing
381
ORDER denying as moot 274 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (GWil)
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Filing
377
OPINION AND ORDER REGARDING MOTION TO UNSEAL RECORD 353 . Signed by District Judge Gerald E Rosen. (RGun)
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Filing
368
ORDER Denied as moot 295 Motion for Default Judgment. Signed by Magistrate Judge R. Steven Whalen. (GWil)
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Filing
311
ORDER granting 293 Sealed Motion. Signed by Magistrate Judge R. Steven Whalen. (GWil)
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Filing
240
ORDER granting 217 Motion for third-party review; granting in part and denying in part 220 Motion to Quash. Signed by District Judge Gerald E Rosen. (RBri)
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Filing
224
SECOND OPINION and ORDER REGARDING DISCOVERY OF TEXT MESSAGES Signed by Magistrate Judge R. Steven Whalen and Magistrate Judge Michael Hluchaniuk. (SJef)
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Filing
172
ORDER granting 156 plaintiffs' motion for case schedule extension. Signed by District Judge Gerald E Rosen. (LSau)
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Filing
169
RESPONSE to 156 MOTION TO EXTEND Case Schedule filed by Christine Beatty. (Morganroth, Mayer)
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| Filing 168 |
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Filing
166
WITNESS LIST by Detroit, City of (Schapka, John) Modified on 10/21/2008 (PMil).[FILING ERROR - DOCUMENT ALSO FILED ON BEHALF OF HAROLD CURETON, CRAIG SCHWARTZ AND CARA BEST]
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Filing
163
Plaintiffs' Preliminary WITNESS LIST by Ernest Flagg, Taris Jackson, Brian Greene (Zawideh, Robert)
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| Filing 165 |
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Filing
159
MOTION to Amend/Correct 141 Order by Bell Industries, Incorporated. (Plunkett, David)
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Filing
157
Sealed Matter (NHol)
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Filing
156
MOTION TO EXTEND Case Schedule by Ernest Flagg, Taris Jackson, Brian Greene. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 2 to Plaintiffs' Motion for Case Schedule Extension, # 3 Exhibit Exhibit 1 to Plaintiffs' Motion for Case Schedule Extension, # 4 Exhibit Exhibit 3 to Plaintiffs' Motion for Case Schedule Extension, # 5 Exhibit Exhibit 4 to Plaintiffs' Motion for Case Schedule Extension, # 6 Exhibit Exhibit 5 to Plaintiffs' Motion for Case Schedule Extension, # 7 Exhibit Exhibit 6 to Plaintiffs' Motion for Case Schedule Extension, # 8 Exhibit Exhibit 7 to Plaintiffs' Motion for Case Schedule Extension, # 9 Exhibit Exhibit 8 to Plaintiffs' Motion for Case Schedule Extension, # 10 Exhibit Exhibit 9 to Plaintiffs' Motion for Case Schedule Extension, # 11 Exhibit Exhibit 10 to Plaintiffs' Motion for Case Schedule Extension, # 12 Exhibit Exhibit 11 to Plaintiffs' Motion for Case Schedule Extension, # 13 Exhibit Exhibit 12 to Plaintiffs' Motion for Case Schedule Extension, # 14 Exhibit Exhibit 13 to Plaintiffs' Motion for Case Schedule Extension, # 15 Exhibit Exhibit 14 to Plaintiffs' Motion for Case Schedule Extension, # 16 Exhibit Exhibit 15 to Plaintiffs' Motion for Case Schedule Extension, # 17 Exhibit Exhibit 16 to Plaintiffs' Motion for Case Schedule Extension, # 18 Exhibit Exhibit 17 to Plaintiffs' Motion for Case Schedule Extension, # 19 Exhibit Exhibit 18 to Plaintiffs' Motion for Case Schedule Extension, # 20 Exhibit Exhibit 19 to Plaintiffs' Motion for Case Schedule Extension, # 21 Exhibit Exhibit 20 to Plaintiffs' Motion for Case Schedule Extension, # 22 Exhibit Exhibit 21 to Plaintiffs' Motion for Case Schedule Extension, # 23 Exhibit Exhibit 22 to Plaintiffs' Motion for Case Schedule Extension) (Yatooma, Norman)
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| Filing 155 |
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Filing
154
ANSWER to Amended Complaint with Affirmative Defenses by Detroit, City of. (Schapka, John)
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Filing
153
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Craig Schartz by Ernest Flagg, Taris Jackson, Brian Greene. (Attachments: # 1 Index of Exhibits Plaintiffs' Request for Entry of Default Against Craig Schwartz 9-30-08, # 2 Exhibit A - 9/5/2008 Certificate of Service, # 3 Exhibit B - 9/30/2008 Affidavit of Robert S. Zawideh) (Zawideh, Robert)
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Filing
152
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Detroit, City of, Cara Best, Harold Cureton by Ernest Flagg, Taris Jackson, Brian Greene. (Attachments: # 1 Index of Exhibits to Plaintiffs' Request for Entry of Default Against Defendants, City of Detroit, Harold Cureton and Cara Best, # 2 Exhibit A - 9/5/2008 Certificate of Service, # 3 Exhibit B - 9/29/2008 Affidavit of Robert S. Zawideh) (Zawideh, Robert)
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Filing
151
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Kwame M. Kilpatrick. (Thomas, James)
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Filing
150
ANSWER to Amended Complaint with Affirmative Defenses and Reliance Upon Jury Demand by Ella Bully-Cummings. (Taleb, Said)
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Filing
149
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Christine Beatty. (Morganroth, Mayer)
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Filing
148
NOTICE by Bell Industries, Incorporated of Documents Filed Under Seal (Plunkett, David)
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Filing
147
STIPULATION AND ORDER re 141 Order Establishing Schedule. Signed by Magistrate Judge R. Steven Whalen. (GWil)
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Filing
146
NOTICE by Bell Industries, Incorporated (Velocita Wireless, LLC) of withdrawal of 144 MOTION to Amend/Correct Order. (DHam)
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Filing
144
MOTION to Amend/Correct Order by Bell Industries, Incorporated. (Plunkett, David)
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Filing
143
REPLY to Response re 129 MOTION to Compel Plaintiff's Answers and Responses to Defendant, Christine Beatty's, First Set of Interrogatories and First Request for Production of Documents filed by Christine Beatty. (Morganroth, Mayer)
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Filing
142
AMENDED COMPLAINT with Jury Demand filed by Taris Jackson, Brian Greene, Ernest Flagg against all defendants. (Attachments: # 1 Index of Exhibits to Plaintiffs' Third Amended Complaint, # 2 Exhibit 1 - Affidavit of Joyce Rogers, # 3 Exhibit 2 - Michigan State Police Supplemental Report 8/6/2003, # 4 Exhibit 3 - Michigan State Police Supplemental Report 4/12/2005, # 5 Exhibit 4 - Affidavit of Lt. Alvin Bowman, # 6 Exhibit 5 - 4/30/2003 Memorandum, # 7 Exhibit 6 - Attorney Michael Stefani's Supplemental Motion for Attorney Fees, # 8 Exhibit 7 - 5/6/2003 Memorandum, # 9 Exhibit 8 - 5/9/2003 Letter from Kwame Kilpatrick to Gary Brown, # 10 Exhibit 9 - 6/26/2004 Deposition Transcript of Defendant Kilpatrick, # 11 Exhibit 10 - 4/21/2004 Whistleblower Complaint) (Yatooma, Norman)
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Filing
140
OPINION AND ORDER regarding defendants' motion to dismiss and plaintiff's motion for leave to file third amended complaint. Signed by District Judge Gerald E Rosen. (LSau)
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Filing
137
ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 129 MOTION to Compel Plaintiff's Answers and Responses to Defendant, Christine Beatty's, First Set of Interrogatories and First Request for Production of Documents filed by Christine Beatty. Signed by District Judge Gerald E Rosen. (NHol)
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Filing
136
RESPONSE TO ORDER TO SHOW CAUSE by Ernest Flagg. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 4/1/08 Plaintiff's Rule 26(a) Disclosures, # 3 Exhibit 4/21/08 Plaintiff's Supplemental Disclosures Pursuant to Rule 26(a), # 4 Exhibit 8/11/08 Plaintiff's Second Supplemental Rule 26(a), # 5 Exhibit Affidavit of Robert S. Zawideh) (Yatooma, Norman)
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Filing
135
NOTICE TO APPEAR: Status Conference set for 9/4/2008 10:00 AM before Magistrate Judge R. Steven Whalen (GWil)
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Filing
134
RESPONSE to 129 MOTION to Compel Plaintiff's Answers and Responses to Defendant, Christine Beatty's, First Set of Interrogatories and First Request for Production of Documents filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits Lists Exhibits, # 2 Exhibit 1/4/08 Notice to Counsel & Scheduling Order, # 3 Exhibit 8/19/08 & 8/25/08 Authorizations for Release of Records, # 4 Exhibit 8/19/08 Signature Pages, # 5 Exhibit 8/25/08 Attorney-Client Privilege Log) (Lederman, Howard)
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Filing
133
ORDER for plaintiff's counsel to Show Cause why plaintiff's August 11, 2008 second supplemental Rule 26(a) disclosures (docket #130) should not be stricken from the docket and why counsel should not be sanctioned for filing this document. Signed by District Judge Gerald E Rosen. (LSau)
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Filing
131
CERTIFICATE OF SERVICE by Ernest Flagg re 130 Discovery Plan - Rule 26f (Yatooma, Norman)
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Filing
129
MOTION to Compel Plaintiff's Answers and Responses to Defendant, Christine Beatty's, First Set of Interrogatories and First Request for Production of Documents by Christine Beatty. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Ltr. dated 6/11/08 to N. Yatooma from J. Morganroth, # 3 Exhibit 2 - Pltf's Response to Defendant Beatty's First Set of Written Interrogatories, # 4 Exhibit 3 - Pltiff's Responses to Defendant Beatty's First RPD, # 5 Exhibit 4 - Ltr. dated 5/23/08 to J. Morganroth from L. Rutila, # 6 Exhibit 5 - Ltr. dated 7/23/08 to R. Zawideh from J. Morganroth) (Morganroth, Mayer)
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Filing
128
RESPONSE to 123 MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendant Christine Beatty's Motion to Preclude Discovery of Electronic Communications from Skytel Based Upon the Federal Stored Communications Act filed by Kwame M. Kilpatrick. (Thomas, James)
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Filing
127
RESPONSE to 123 MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendant Christine Beatty's Motion to Preclude Discovery of Electronic Communications from Skytel Based Upon the Federal Stored Communications Act filed by Christine Beatty. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Michigan Fed'n of Teachers v University of Michigan, # 3 Exhibit 2: Excerpt of May 30, 2008 Hearing Trans.WCCC, # 4 Exhibit 3: Excerpt of July 17, 2008 Hearing Trans. WCCC, # 5 Exhibit 4: April 15, 2008 Order Regarding Various Pending Motions, # 6 Exhibit 5: Dow Chem. v United States, # 7 Exhibit 6: Docket Report of Appearances of Attorneys) (Morganroth, Mayer)
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Filing
126
NOTICE of Appearance by Lara F. Phillip on behalf of Detroit Free Press, Inc.. (Phillip, Lara)
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Filing
125
NOTICE by Kwame M. Kilpatrick Pursuant to Federal Rules of Civil Procedure, Rule 26(b)(5) (Thomas, James)
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Filing
124
MEMORANDUM re 123 MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendant Christine Beatty's Motion to Preclude Discovery of Electronic Communications from Skytel Based Upon the Federal Stored Communications Act by Detroit Free Press, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transcript of hearing on July 17, 2008 in Detroit Free Press, Inc. v. City of Detroit (Case No. 08-100214-CZ), # 3 Exhibit 2 - Transcript of hearing on May 30, 2008 in Detroit Free Press, Inc. City of Detroit 9Case No. 08-100214-CZ), # 4 Exhibit 3 - Transcript of hearing on June 26, 2008 in Detroit Free Press, Inc. v. City of Detroit (Case No. 08-100214-CZ)) (Zuckerman, Richard)
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Filing
122
NOTICE by Bell Industries, Incorporated of Name Change of Bell Industries, Inc. d/b/a Skytel (Plunkett, David)
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Filing
120
NOTICE of Joinder/Concurrence in by Kwame M. Kilpatrick in Response of Defendant, Christine Beatty to Plaintiff's Motion for Leave to File Third Amended Complaint (Thomas, James)
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Filing
119
NOTICE of Joinder/Concurrence in by Kwame M. Kilpatrick to City of Detroit's Supplemental Brief In Support of Its Motion to Preclude Discovery of Electronic Communications From Skytel Based Upon the Federal Stored Communications Act (Thomas, James)
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Filing
118
RESPONSE to 107 MOTION for Leave to File Third Amended Complaint filed by Christine Beatty. (Morganroth, Mayer)
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Filing
116
NOTICE by Bell Industries, Incorporated of Documents Filed Under Seal (Plunkett, David)
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Filing
115
RESPONSE to 106 MOTION to Quash Subpoena\Motion to Preclude Discovery of Electronic Communications from SkyTel Based Upon the Federal Stored Communications Act and Demand for Sanctions filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits Plaintiff's Response to Defendant City of Detroit's Motion to Preclude Discovery of Electronic Communications from SkyTel based upon the Federal Stored Communications Act and Demand for Sanctions, # 2 Exhibit Exhibit 1 12/5/07 Notice of Scheduling Conference, # 3 Exhibit Exhibit 2 12/19/07 Amended Notice, # 4 Exhibit Exhibit 3 2/1/08 Demand for Production with Proof of Service, # 5 Exhibit Exhibit 4 Order regarding Subpoenas, # 6 Exhibit Exhibit 5 Discovery Protocol Order, # 7 Exhibit Exhibit 6 Transcript from Detroit Free Press hearing dated 3/28/08, # 8 Exhibit Exhibit 7 Detroit Free Press article dated 3/22/08, # 9 Exhibit Exhibit 8 SkyTel Webpage, # 10 Exhibit Exhibit 9 City of Detroit Directive, # 11 Exhibit Exhibit 10 Special Counsel's Report) (Yatooma, Norman)
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Filing
113
NOTICE of Appearance by Thomas G. Plunkett on behalf of Bell Industries, Incorporated. (Plunkett, Thomas)
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Filing
112
MOTION to Quash by Bell Industries, Inc. d/b/a SkyTel. (Plunkett, David)
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Filing
110
RESPONSE to 103 MOTION to Preclude Discovery of Electronic Communications From Skytel Based Upon the Federal Stored Communications Act filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 12/5/2007 Notice of Scheduling Conference, # 3 Exhibit 2 12/19/2007 Amended Notice, # 4 Exhibit 3 2/1/2008 Demand for Production with Proof of Service, # 5 Exhibit 4 Order Regarding Subpoenas, # 6 Exhibit 5 Discovery Protocol Order, # 7 Exhibit 6 Transcript from Detroit Free Press Hearing dated 3/28/2008, # 8 Exhibit 7 Detroit Free Press Article dated 3/22/2008, # 9 Exhibit 8 Skytel Webpage, # 10 Exhibit 9 City of Detroit Directive, # 11 Exhibit 10 Special Counsel's Report) (Yatooma, Norman)
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Filing
109
NOTICE by Ella Bully-Cummings of Compliance with Court Opinion and Order Dated April 15, 2008 (Taleb, Said)
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Filing
108
ORDER regarding defendants' motions to preclude discovery of electronic communications. Signed by District Judge Gerald E Rosen. (LSau)
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Filing
107
MOTION for Leave to File Third Amended Complaint by Ernest Flagg. (Attachments: # 1 Index of Exhibits To Motion for Leave to File Third Amended Complaint, # 2 Exhibit Affidavit of Robert S. Zawideh, # 3 Exhibit Proposed Third Amended Complaint, # 4 Exhibit Affidavit of Joyce Rogers, # 5 Exhibit Michigan State Police Supplemental Report dated August 6, 2003, # 6 Exhibit Michigan State Police Supplemental Report dated April 12,2005, # 7 Exhibit Affidavit of Lt. Alvin Bowman, # 8 Exhibit April 30, 2003 Memorandum, # 9 Exhibit Attorney Stefani's Supplemental Motion for Attorney Fees, # 10 Exhibit Memorandum dated May 6, 2003, # 11 Exhibit Kwame Kilpatrick's May 9, 2003 letter to Brown, # 12 Exhibit Deposition Transcript of Defendant Kilpatrick, # 13 Exhibit April 21, 2004 Whistleblower Complaint) (Yatooma, Norman)
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Filing
106
MOTION to Quash Subpoena\Motion to Preclude Discovery of Electronic Communications from SkyTel Based Upon the Federal Stored Communications Act by Detroit, City of. (Crittendon, Krystal)
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Filing
105
NOTICE of Joinder/Concurrence in 103 MOTION to Preclude Discovery of Electronic Communications From Skytel Based Upon the Federal Stored Communications Act filed by Christine Beatty by Kwame M. Kilpatrick (Thomas, James)
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Filing
103
MOTION to Preclude Discovery of Electronic Communications From Skytel Based Upon the Federal Stored Communications Act by Christine Beatty. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - August 31, 2006 Opinion and Order, # 3 Exhibit 2 - November 14, 2007 Order of Partial Dismissal, # 4 Exhibit 3 - Facsimile dated February 1, 2008, # 5 Exhibit 4 - February 11, 2008 Subpoena to Skytel, # 6 Exhibit 5 - Opinion and Order re: Defs' Mtn 2 Quash Subpoenas and other discovery-related matters, # 7 Exhibit 6 - March 20, 2008 Order, # 8 Exhibit 7 - April 21, 2008 email, # 9 Exhibit 8 - April 21, 2008 Proposed Subpoena to Skytel) (Morganroth, Mayer)
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Filing
102
NOTICE of Appearance by Said A. Taleb on behalf of Ella Bully-Cummings. (Taleb, Said)
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Filing
101
NOTICE of Error re 100 Notice (Other). (DHam)
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Filing
100
NOTICE by Ernest Flagg of Subpoena to Bell Industries, Inc. f/k/a SkyTel, Inc. (Bobel, Ryan) Modified on 4/22/2008 (DHam). [STRICKEN]
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Filing
98
NOTICE of Appearance by Kenneth L. Lewis on behalf of Ella Bully-Cummings. (Lewis, Kenneth)
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Filing
97
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Filing
95
RESPONSE to 88 MOTION for Order to Show Cause Why Sanctions Should Not Be Imposed against Defendant City of Detroit or Why The City of Detroit Should Not Be Held In Comtempt and Defendant's Counter-Motion to Show Cause Why Sanctions Should Not Be Imposed against Plaintiff or Why Plaintiff Should Not Be Held in Contempt of Court filed by Detroit, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Affidavit of Bobbie R. Tyler, # 3 Exhibit B - Email from SkyTel to Plaintiff's Counsel, # 4 Exhibit C - Email from Krystal A. Crittendon dated April 2, 2008, # 5 Exhibit D - Plaintiff's proposed terms for Protective Order, # 6 Exhibit E - Email to Norman A. Yatooma RE: Proposed Protective Order and Verification of Delivery of email, # 7 Exhibit F - Email to Robert S. Zawideh RE: Proposed Protective Order and Verification of Delivery of email) (Crittendon, Krystal)
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Filing
93
REPLY to Response re 81 Amended MOTION to Stay re 75 MOTION to Stay Civil Proceedings and Motion of Issuance of "Gag" Order REPLY to Response re 81 Amended MOTION to Stay re 75 MOTION to Stay Civil Proceedings and Motion of Issuance of "Gag" Order filed by Ernest Flagg. (Yatooma, Norman) filed by Ernest Flagg. (Yatooma, Norman)
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Filing
88
MOTION for Order to Show Cause Why Sanctions Should Not Be Imposed against Defendant City of Detroit or Why The City of Detroit Should Not Be Held In Comtempt by Ernest Flagg. (Attachments: # 1 Index of Exhibits to Plaintiff's Motion for Order to Show Cause Why Sanctions Should Not Be Imposed Against Defendant City of Detroit or Why The City of Detroit Should Not Be Held in Comtempt, # 2 Exhibit A - Crittendon Correspondence dated March 28, 2008, # 3 Exhibit B - Crittendon Correspondence of March 31, 2008, # 4 Exhibit C - Correspondence from R. Zawideh to K. Crittendon dated 3/31/08, # 5 Exhibit D - Email exchange between K. Crittendon and R. Zawideh dated 4/2/2008, # 6 Exhibit E - Affidavit of Bobbie Tyler dated 4/2/2008, # 7 Exhibit F - Memorandum from Mayor Kilpatrick to City of Detroit Employees) (Yatooma, Norman)
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Filing
86
NOTICE by Christine Beatty of Hearing Motion for Stay of Proceedings (Amended) (Morganroth, Mayer)
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Filing
80
ORDER Setting Hearing on 75 MOTION to Stay Civil Proceedings and Motion of Issuance of "Gag" Order : Responses due by 4/11/2008 Motion Hearing set for 4/14/2008 03:30 PM before District Judge Gerald E Rosen Signed by District Judge Gerald E Rosen. (LSau)
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Filing
77
MOTION to Withdraw Pursuant to L.R. 83.30(a) as Counsel for Defendants, City of Detroit, Mayor Kwame M. Kilpatrick, Detroit Police Chief Ella Bully-Cummings and Commander Craig Schwartz Only, but not for Christine Beatty by Morganroth & Morganroth, PLLC. (Morganroth, Jeffrey)
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Filing
75
MOTION to Stay Civil Proceedings and Motion of Issuance of "Gag" Order by Detroit, City of. (Crittendon, Krystal)
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Filing
72
STIPULATION Regarding Substitution of Counsel for Defendants City of Detroit and Craig Schwartz by Detroit, City of, Craig Schartz (Crittendon, Krystal)
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Filing
71
ORDER REFERRING OTHER MATTERS to Magistrate Judge Hluchaniuk for Hearing and Determination: Matters referenced in Court's 3/20/2008 Order Establishing Protocol for Review and Production of Text Messages. Signed by Honorable Gerald E Rosen. (NHol)
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Filing
69
ORDER establishing protocol for review and production of text messages and designating Magistrate Judges Whalen and Hluchaniuk to conduct this review. Signed by Honorable Gerald E Rosen. (LSau)
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Filing
67
REPLY to Response re 49 MOTION to Quash Subpoena to the Bell Industries, Inc. f/k/a SkyTel, Inc. and for Protective Order filed by Christine Beatty, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame M. Kilpatrick. (Morganroth, Mayer)
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Filing
66
REPLY to Response re 46 MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Christine Beatty, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame M. Kilpatrick. (Attachments: # 1 Exhibit 1 - Letters of Authority for Personal Representative) (Morganroth, Mayer)
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Filing
65
ORDER granting 55 Motion for Leave to File Excess Pages. Signed by Honorable Gerald E Rosen. (LSau)
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Filing
63
RESPONSE to 52 MOTION to Quash Subpoena Served to Derrick Miller, Chief Information Officer, City of Detroit, and for Protective Order filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits, # 2 Index of Exhibits 1 12/5/2007 Notice of Scheduling Conference, # 3 Exhibit 2 12/19/2007 Notice of Scheduling Conference, # 4 Exhibit 3 2/11/2008 Subpoena, # 5 Exhibit 4 3/7/2008 Affidavit of Howard Y. Lederman, # 6 Exhibit 5 Jerry Oliver deposition excerpt) (Zawideh, Robert)
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Filing
60
NOTICE TO APPEAR: Status Conference set for 3/14/2008 02:00 PM before Honorable Gerald E Rosen (LSau)
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Filing
59
RESPONSE to 49 MOTION to Quash Subpoena to the Bell Industries, Inc. f/k/a SkyTel, Inc. and for Protective Order filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits to Response to Motion to Quash Second Skytel Subpoena, # 2 Exhibit 1 December 5, 2007 Notice of Scheduling Conference, # 3 Exhibit 2 December 19, 2007 Notice of Scheduling Conference, # 4 Exhibit 3 Subpoena to Bell Industries, Inc., # 5 Exhibit 4 Email from Bell Industries, Inc., # 6 Exhibit 5 Excerpt from Deposition of Jerry Oliver) (Bobel, Ryan)
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Filing
57
[NOTICE TO JOIN/CONCURRENCE TO 46 MOTION TO DISMISS] RESPONSE to 46 MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Concurrence in Motion to Dismiss by Defendants) filed by Harold Cureton. (Crittendon, Krystal) Modified on 3/4/2008 (LHac).
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Filing
56
[FILING ERROR: Related to Motion to Dismiss only]RESPONSE to 55 Ex Parte MOTION for Leave to File Excess Pages, 46 MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Plaintiff's Response in Opposition to Defendants' Motion to Dismiss and Memorandum in Support filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits Index of Exhibits to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss, # 2 Exhibit Second Amended Complaint (without attached exhibits), # 3 Exhibit Michael Stefani deposition transcript taken January 30,2008, # 4 Document Continuation Michael Stephani deposition transcript taken January 30,2008, # 5 Document Continuation Michael Stephani deposition transcript taken January 30,2008, # 6 Exhibit Michigan State Police Supplemental Report dated April 12,2005, # 7 Exhibit Detroit Police Department Professional Accountability Bureau Inter-Office Memorandum dated April 24 and April 30, 2003, # 8 Exhibit Lt. Alvin Bowman deposition transcript taken May 19,2005, # 9 Exhibit Jerry Oliver deposition transcript taken September 29,2003, # 10 Exhibit Detroit Police Department Professional Accountability Bureau Inter-Office memorandum dated May 6, 2003, # 11 Exhibit Donald Parchall deposition transcript taken January 22, 2004, # 12 Exhibit Inspector Steven Dolunt's depostion transcript taken January 22, 2004, # 13 Exhibit David Rayford deposition transcript taken January 29, 2004, # 14 Exhibit Mayor Kwame Kilpatrick's deposition transcript taken June 26, 2004, # 15 Exhibit February 29,2008 Affidavit of Lt. Alvin Bowman, # 16 Document Continuation February 29, 2008 Affidavit of Lt. Alvin Bowman, # 17 Exhibit February 1, 2008 FOIA Request of the City of Detroit, # 18 Exhibit February 25,2008 City of Detroit's response to FOIA Request, # 19 Exhibit February 8, 2008 email from Stephen Oshinsky to Matt Dyar, paralegal) (Yatooma, Norman) Modified on 3/3/2008 (KCla).
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Filing
54
RESPONSE to 45 MOTION to Quash Subpoena to the Bell Industries, Inc. f/k/a SkyTel, Inc. and for Protective Order filed by Ernest Flagg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 to Response to Motion to Quash, # 3 Exhibit 2 to Response to Motion to Quash, # 4 Exhibit 3 to Response to Motion to Quash, # 5 Exhibit 4 to Response to Motion to Quash, # 6 Exhibit 5 to Response to Motion to Quash) (Bobel, Ryan)
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Filing
51
RESPONSE TO ORDER TO SHOW CAUSE by Christine Beatty, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame M. Kilpatrick. (Attachments: # 1 Exhibit 1 - Order for Preservation of Evidence) (Morganroth, Mayer)
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Filing
50
ANSWER to Amended Complaint with Affirmative Defenses (Second Amended) by Harold Cureton. (Crittendon, Krystal)
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Filing
48
ORDER granting in part and denying in part 47 plaintiff's emergency motion for extension of time to serve defendants Best and Jackson. Signed by Honorable Gerald E Rosen. (LSau)
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Filing
47
Emergency MOTION Extension of Time to Serve Defendants Best and Jackson by Ernest Flagg. (Zawideh, Robert)
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Filing
46
MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Christine Beatty, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame M. Kilpatrick. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Complaint# 3 Exhibit 2 - Opinion and Order dated August 31, 2006# 4 Exhibit 3 - First Amended Complaint# 5 Exhibit 4 - Order of Partial Dismissal# 6 Exhibit 5 - Second Amended Complaint# 7 Exhibit 6 - Smith v. Randolph, 2005 Mich. App. Lexis 825 (March 24, 2005)# 8 Exhibit 7 - Kelso v. City of Toledo,77 Fed. Appx. 826, 833 (6th Cir. Oct 1, 2003)) (Morganroth, Jeffrey)
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Filing
44
ORDER for defendants to show cause in writing why the Court should not issue an order to preserve evidence. Signed by Honorable Gerald E Rosen. (LSau)
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Filing
42
MOTION to Quash Subpoena to the Detroit Free Press and for Protective Order by Christine Beatty, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame M. Kilpatrick. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Subpoena served on the Detroit Free Press dated January 25, 2008.# 3 Exhibit 2 - Letter dated January 29, 2008 from Jeffrey B. Morganroth to Norman Yatooma# 4 Exhibit 3 - Facsimile dated January 30, 3008 from Shannon L. Langley to Jeffrey B. Morganroth and John Schapke with attached Subpoena for the Production of Documents and Things to the Detroit Free Press# 5 Exhibit 4 - January 24, 2008 Detroit Free Press Article) (Morganroth, Jeffrey)
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Filing
41
[FILING ERROR: DISCOVERY/STRICKEN]CERTIFICATE OF SERVICE by Ernest Flagg of Subpoena for the Production of Documents and Things to the Detroit Free Press (Bobel, Ryan) Modified on 1/30/2008 (Hutchins, R.).
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Filing
40
CERTIFICATE of Service/Summons Returned Executed. Harold Cureton served on 1/27/2008, answer due 2/19/2008. (Zawideh, Robert)
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Filing
39
ORDER re 38 Stipulation filed by Kwame Kilpatrick, Craig Schartz, Ella Bully-Cummings, Ernest Flagg, Detroit, City of, Christine Beatty. Signed by Honorable Gerald E Rosen. (DTyl)
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Filing
38
[FILING ERROR: RULE 11 VIOLATION] STIPULATION Allowing Certain Defendants an Extension to File First Responsive Pleading to Second Amended Complaint and Granting Plaintiff an Extension to Serve Unrepresented Defendants by Christine Beatty, Ernest Flagg, Detroit, City of, Ella Bully-Cummings, Craig Schartz, Kwame Kilpatrick (Bobel, Ryan) Modified on 1/16/2008 (Hutchins, R.).
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Filing
37
SECOND AMENDED COMPLAINT with Jury Demand filed by Ernest Flagg against all defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits to Second Amended Complaint# 2 Exhibit Ex 1 to Second Amended Complaint Inter-Office Memo 4-23-03# 3 Exhibit Ex 2 to Second Amended Complaint - Inter-office Memo 5-6-03# 4 Exhibit Ex 3 to Second Amended Complaint - Dep Transcript of Mayor Kwame Kilpatrick# 5 Exhibit Ex 4 to Second Amended Complaint - Supplemental Incident Report 5-27-04) (Zawideh, Robert) Modified on 1/15/2008 (Hacker, L.).
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Filing
36
NOTICE of Appearance by Mayer Morganroth on behalf of all defendants. (Morganroth, Mayer)
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Filing
34
ORDER granting 32 plaintiff's motion for leave to file second amended complaint. Signed by Honorable Gerald E Rosen. (LSau)
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Filing
33
SCHEDULING ORDER: Final Pretrial Conference set for 1/8/2009 10:00 AM before Honorable Gerald E Rosen,Dispositive Motion Cut-off set for 8/29/2008,Trailing Trial Docket set for 1/13/2009 Signed by Honorable Gerald E Rosen. (Attachments: # 1) (Refer to image for additional dates) (DVin)
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Filing
32
MOTION to Amend/Correct by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Proposed Second Amended Complaint# 3 Exhibit 1 to Proposed Second Amended Complaint# 4 Exhibit 2 to Proposed Second Amended Complaint# 5 Exhibit 3 to Proposed Second Amended Complaint# 6 Exhibit 4 to Proposed Second Amended Complaint) (Bobel, Ryan)
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Filing
30
NOTICE TO APPEAR: Scheduling Conference set for 1/3/2008 03:00 PM before Honorable Gerald E Rosen (LSau)
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Filing
29
STIPULATION AND ORDER for Substitution of Attorney: Robert S. Zawideh for Ernest Flagg added. Attorney Delicia Coleman terminated. Signed by Honorable Gerald E Rosen. (LHac)
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Filing
28
ORDER of partial dismissal; Mike Cox, Harold Cureton, Billy Jackson, Kwame Kilpatrick, Jerry Oliver, Christine Beatty, and Cara Best are dismissed without prejudice. Signed by Honorable Gerald E Rosen. (DPer)
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Filing
27
STIPULATION for Substitution of Counsel by Ernest Flagg (Yatooma, Norman)
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Filing
26
ORDER for Ernest Flagg to Show Cause why this action should not be dismissed as to Cara Best, Jerry Oliver, Harold Cureton, Billy Jackson, and Craig Schartz for Failure to Prosecute.Show Cause Response due by 5/7/2007 Signed by Honorable Gerald E Rosen. (DEld)
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Filing
25
ANSWER to Amended Complaint with Affirmative Defenses by Craig Schartz. (Schapka, John)
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Filing
24
ANSWER to Amended Complaint with Affirmative Defenses by Detroit, City of and (Ella Bully-Cummings) (Schapka, John) Modified on 10/13/2006 (LHack, ).
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Filing
23
NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Delicia Coleman re 22 Amended Complaint (DHame, )
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Filing
21
ORDER Regarding Plaintiff's Response to Order to Show Cause - Signed by Honorable Gerald E Rosen. (JJoh, )
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20
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Filing
19
NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Delicia Coleman re 18 Response to Order to Show Cause (NHoll, )
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Filing
17
ORDER for Ernest Flagg to Show Cause why Failure to Prosecute. Show Cause Response due by 8/18/2006. Signed by Honorable Gerald E Rosen. (VSim, )
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Filing
16
NOTICE of Withdrawal of Attorney Thomas Blair Renfro by Mike Cox. (Donnelly, Mark)
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Filing
13
NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Delicia Coleman re 12 Response to Motion (PPaul, )
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Filing
11
RESPONSE to 9 MOTION to Dismiss City of Detroit, Kwame Kilpatrick, Christine Beatty, and Ella Bully-Cummings filed by Ernest Flagg. (PPaul, )
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Filing
10
MOTION to Dismiss Pursuant to Fed R Civ P 12(b)(2) & (6) with Brief in Support by Mike Cox. (Renfro, Thomas)
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Filing
9
MOTION to Dismiss City of Detroit, Kwame Kilpatrick, Christine Beatty, and Ella Bully-Cummings by Detroit, City of. (Schapka, John)
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Filing
8
SUMMONS Returned Executed. Jerry Oliver served on 11/17/2005, answer due 12/7/2005 (RHutc, )
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Filing
5
SUMMONS Returned Executed. (PPaul, )
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Filing
1
COMPLAINT filed by Ernest Flagg against defendants, Receipt No: 38208 - Fee: $ 250.(PPaul, )
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