Waggoner v. Comanche County Detention Center et al
| Charles Waggoner |
| Comanche County Detention Center, Mr Cagle, Andy Moon, Sarah E Jovanovic, James Hawkins, Dennis Keller, Larry Steir, Matt Whittington, Isiah Orr, C H Brazzel and Albert Lacey |
| 5:2006cv00700 |
| June 29, 2006 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Robin J Cauthron |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 7, 2008. A more recent docket listing may be available from PACER.
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| Filing 84 STIPULATION of Dismissal by Sarah E Jovanovic, James Hawkins, Dennis Keller, Larry Steir, Matt Whittington, Isiah Orr, C H Brazzel, Albert Lacey, Charles Waggoner, Comanche County Detention Center, Mr Cagle, Andy Moon. (Geries, Stephen) |
| Summons Issued 1/28/2008 as to Sarah E Jovanovic, James Hawkins, Dennis Keller, Larry Steir, Matt Whittington, Isiah Orr, C H Brazzel and Albert Lacey. Summonses to be picked up by filing attorney Jason Ryan/Matthew Kane. (nm, ) |
| Filing 83 ANSWER to #81 Amended Complaint by Andy Moon.(Geries, Stephen) |
| Filing 82 ANSWER to #81 Amended Complaint by Mr Cagle.(Geries, Stephen) |
| Filing 81 AMENDED COMPLAINT against Sarah E Jovanovic, James Hawkins, Dennis Keller, Larry Steir, Matt Whittington, Isiah Orr, C. H. Brazzel, Albert Lacey, Comanche County Detention Center, Mr Cagle, Andy Moon, filed by Charles Waggoner.(Kane, Matthew) |
Filing 80
ORDER granting #79 Plaintiff's Motion to Add Additional Parties and Amend Complaint. Signed by Honorable Robin J. Cauthron on 1/10/08. (lg, )
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| Filing 79 MOTION to Add Party, MOTION to Amend/Correct Complaint by Charles Waggoner. (Attachments: #1 Exhibit 1-Amended Complaint)(Kane, Matthew) |
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Filing 78
ORDER GRANTED #77 Motion for Extension of Time to File Motions to Join Additional Parties and Amend Pleadings, ddl 1/9/2008. Signed by Judge Robin J. Cauthron on 12/28/2007. (nm, )
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| Filing 77 UNOPPOSED MOTION for Extension of Time to File Motions to Join Additional Parties and Amend Pleadings by Charles Waggoner. (Kane, Matthew) |
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Filing 76
SCHEDULING ORDER: Motions to join due 1/1/2008; Motions to amend due 1/1/2008; Pla expert witness list and expert reports due 4/1/2008; Dft expert witness list and expert reports due 10 days t/a; Pla witness list due 5/15/2008; Dft witness list due 10 days t/a; Pla exhibit list due 5/15/2008; Dft exhibit list due 10 days t/a; Motions in limine due 7 days prior to pretrial report; Jury instructions due 7 days prior to pretrial report; Voir dire requests due 7 days prior to pretrial report; Trial briefs due 7 days prior to pretrial report; Discovery due by 6/1/2008. Jury Trial set for 8/11/2008 09:00 AM in Courtroom #301 before Honorable Robin J. Cauthron. Motions due by 6/1/2008. Pretrial Report due by 8/1/2008. At the direction of Judge Robin J. Cauthron on 12/6/2007. (nm, )
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| Filing 75 ENTRY of Appearance by Chris J Collins on behalf of Mr Cagle, Andy Moon (Collins, Chris) |
| Filing 74 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Charles Waggoner, Defendants Mr Cagle, Andy Moon. (Geries, Stephen) |
| Filing 73 ENTRY of Appearance by Eric D Cotton on behalf of Mr Cagle, Andy Moon (Cotton, Eric) |
| Filing 72 ENTRY of Appearance by Stephen L Geries on behalf of Mr Cagle, Andy Moon (Geries, Stephen) |
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Filing 71
ORDER granting #70 Defendants Dale Cagle and Andy Moon's Unopposed Motion for a One Day Extension of the Joint Status Report and Discovery Plan. Signed by Judge Robin J. Cauthron on 12/4/07. (lg, )
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| Filing 70 UNOPPOSED MOTION for Extension of Time for a One Day Extension of the Joint Status Report and Discovery Plan by Mr Cagle, Andy Moon. (Cotton, Eric) |
| Filing 69 STATUS/SCHEDULING DOCKET(lg, ) |
| With the filing of Doc. #64 and #65 the referral to Judge Robert Bacharach, for further proceedings, Doc. #62 , is no longer necessary, and the referral is terminated. (bf, ) |
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Filing 68
ORDER denying #67 Plaintiff's Motion to Appoint Counsel on grounds of mootness.. Signed by Judge Robert Bacharach on 08/10/07. (bf, )
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| Filing 67 MOTION to Appoint Counsel by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 66 NOTICE of Change of Address by Charles Waggoner (db, ) |
| Filing 65 ENTRY of Appearance by Matthew C Kane on behalf of Charles Waggoner (Kane, Matthew) |
| Filing 64 ENTRY of Appearance by Jason A Ryan on behalf of Charles Waggoner (Ryan, Jason) |
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Filing 63
ORDER Parties are advised of their right to consent to trial before U.S. Magistrate Judge. If the parties jointly consent they shall jointly execute the form and return it to the Court Clerk by September 15, 2007. Plaintiff is representing himself and further proceedings could be facilitated by legal representation for the Plaintiff. The Court will request legal representation of Mr. Waggoner.. Signed by Judge Robert Bacharach on 07/20/07. (bf, )
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Filing 62
ORDER ADOPTING REPORT AND RECOMMENDATION, ORDER REFERRING CASE to Magistrate Judge Robert Bacharach. Signed by Judge Robin J. Cauthron on 7/17/07. (lg, )
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| Filing 61 MOTION for Order (Titled:Motion for Leave of Absent) by Charles Waggoner. (db, ) |
| Filing 60 MOTION for Reconsideration re #34 Order on Motion to Appoint Counsel by Charles Waggoner. (db, ) |
| Filing 59 OBJECTION TO REPORT AND RECOMMENDATION #58 filed by Charles Waggoner. (db, ) |
| Filing 58 REPORT AND RECOMMENDATION re #40 MOTION for Summary Judgment and Brief in Support filed by Mr Cagle, Andy Moon. Defendants have moved for summary judgment, and the Plaintiff has objected and cross-moved for summary judgment. In light of the material disputed facts, neither the Defendants nor the Plaintiff are entitled to summary judgment and the Court should overrule both dispositive motions. Parties advised of their right to object to the R&R. Objections to the R&R are due by 7/10/2007. This R&R terminates the referral to Judge Robert Bacharach.. Signed by Judge Robert Bacharach on 06/19/07. (bf, ) |
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Filing 57
ORDER denying #55 Defendants' Motion to Strike.. Signed by Judge Robert Bacharach on 06/19/06. (bf, )
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| This R&R (Doc. 58) terminates the referral to Judge Robert Bacharach. (bf, ) |
| Filing 56 RESPONSE to Motion re #55 MOTION to Strike #52 Response filed by Charles Waggoner. (db, ) |
| Filing 55 MOTION to Strike #52 Response by Mr Cagle, Andy Moon. Motions referred to Robert Bacharach. (Geries, Stephen) |
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Filing 54
ORDER denying #53 Plaintiff's Motion for Placitum to Defendants. Signed by Judge Robert Bacharach on 05/08/07. (bf, )
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| Filing 53 MOTION for Placitum to Defendants by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 52 RESPONSE re #51 Reply to Response to Motion filed by Charles Waggoner. (Attachments: #1 Exhibit 1-Due Process Violation#2 Exhibit 2-Narrative Reports)(db, ) |
| Filing 51 REPLY to Response to Motion re #40 MOTION for Summary Judgment and Brief in Support filed by Mr Cagle, Andy Moon. (Geries, Stephen) |
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Filing 50
ORDER re #49 Objections filed by Charles Waggoner, #47 Order on Motion for Leave to File Reply. Defendants previously requested leave to file a reply brief in support of their summary judgment motion. Plaintiff objects. The Court declines to modify the prior order granting leave to Defendants.. Signed by Judge Robert Bacharach on 04/19/07. (bf, )
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| Filing 49 OBJECTIONS re #46 MOTION for Leave to File Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment filed by Charles Waggoner. (db, ) |
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Filing 48
ORDER The Court dismisses #39 Plaintiff's Motion to Compel and #45 Plaintiff's Supplemental Motion to Compel, as Plaintiff agreed during the hearing that these motions are moot.. Signed by Judge Robert Bacharach on 04/16/07. (bf, )
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Filing 47
ORDER granting #46 Defendants' Motion for Leave to File Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment. Defendants shall have fifteen (15) days from the date of this Order to file their Reply, not to exceed a total of ten (10) pages.. Signed by Judge Robert Bacharach on 04/12/07. (bf, )
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| Filing 46 MOTION for Leave to File Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment by Mr Cagle, Andy Moon. Motions referred to Robert Bacharach. (Geries, Stephen) |
| Filing 45 SUPPLEMENTAL MOTION to Compel by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 44 RESPONSE to Motion re #40 MOTION for Summary Judgment and Brief in Support filed by Charles Waggoner. (Attachments: #1 Exhibit 1-Due Process Violation#2 Exhibit 3-Cagle's Response to Interrogatories#3 Exhibit 4-Policy and Procedure#4 Exhibit 5-Andy Moon's Response to Interrogatories)(Exhibit 2 not included)(db, ) |
| Filing 43 NOTICE of Hearing:. Discovery Hearing - Plaintiff's Motion to Compel set for 4/16/2007 01:30 PM in Courtroom #101 before Magistrate Judge Robert Bacharach. (bf, ) |
| Filing 42 RESPONSE to Motion re #39 MOTION to Compel filed by Mr Cagle, Andy Moon. (Geries, Stephen) |
| Docket Annotation: Courtesy Copy of Dfts' Cagle and Moon's Motion for Summary Judgment and Brief in Support 3/30/2007. (nm, ) |
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Filing 41
ORDER re #40 MOTION for Summary Judgment and Brief in Support filed by Mr Cagle, Andy Moon. Plaintiff is given notice of his opportunity to respond. Plaintiff shall have until April 16, 2007 to respond to the motion.. Signed by Judge Robert Bacharach on 03/26/07. (bf, )
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| Filing 40 MOTION for Summary Judgment and Brief in Support by Mr Cagle, Andy Moon. Motions referred to Robert Bacharach. (Attachments: #1 Exhibit 1 - Booking form and Offender Lookup#2 Exhibit 2 - Waggoner Deposition#3 Exhibit 3 - Jovanovic Narrative Report dated 3/23/06#4 Exhibit 4 - Moon Narrative Report dated 3/21/06#5 Exhibit 5 - Hawkins Narrative Report dated 3/23/06#6 Exhibit 6 - Keller Narrative Report dated 3/21/06#7 Exhibit 7 - Stier Narrative Report dated 3/21/06#8 Exhibit 8 - Waggoner Grievance Forms#9 Exhibit 9 - Waggoner Requests to Staff#10 Exhibit 10 - Comanche County Detention Center Handbook, Dec. 2003, at 9#11 Exhibit 11 - Affidavit of Dale Cagle#12 Exhibit 12 - Civ-06-700-L, Notice of Lawsuits#13 Exhibit 13 - Trust Indenture#14 Exhibit 14 - MacDonald Narrative Report dated 3/3/06#15 Exhibit 15 - Baxter v. Muskogee County Detention Center (unpub.)#16 Exhibit 16 - Medical Records, Entry dated 4/18/06)(Geries, Stephen) |
| Filing 39 MOTION to Compel by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 38 NOTICE (other) by Mr Cagle, Andy Moon of Subpoena Duces Tecum (Geries, Stephen) |
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Filing 37
ORDER denying #36 Plaintiff's Motion for leave to depose Defendants Moon and Cagle, on grounds of mootness.. Signed by Judge Robert Bacharach on 02/09/'07. (bf, )
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| Filing 36 MOTION for Order Allowing Deposition of Andy Moon and Dale Cagle by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 35 NOTICE to Take Deposition of Charles Waggoner by Mr Cagle, Andy Moon. (Geries, Stephen) |
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Filing 34
ORDER denying #33 Motion to Appoint Counsel, for the same reasons provided earlier. Docs. #8 , #32 .. Signed by Judge Robert Bacharach on 01/30/07. (bf, )
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| Filing 33 MOTION to Appoint Counsel by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (Attachments: #1 Attachment 1-Letter to Stephen Geries)(db, ) |
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Filing 32
ORDER granting #25 Defendants Cagle and Moon's Motion to Take Deposition from Charles Waggoner ; denying #29 Plaintiff's Motion to Appoint Counsel a second time. The Court denies the motion for the same reasons provided in connection with Mr Waggoner's first request.. Signed by Judge Robert Bacharach on 01/25/07. (bf, )
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Filing 31
ORDER Grants Defendants' motion for an extension time #27 . Denies Plaintiff's motion for pretrial hearing #30 . Signed by Judge Robert Bacharach on 1/22/07. (sr, ) Modified on 1/30/2007 (bf, ).
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| Filing 30 MOTION for Pre-trial Hearing by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 29 MOTION to Appoint Counsel by Charles Waggoner. Motions referred to Magistrate Judge Robert Bacharach. (db, ) |
| Filing 28 RESPONSE to Motion(Titled:Response to Court Order) re #27 MOTION for Extension of Time of the Dispositive Motion Deadline filed by Charles Waggoner. (db, ) |
| Filing 27 MOTION for Extension of Time of the Dispositive Motion Deadline by Mr Cagle, Andy Moon. Motions referred to Robert Bacharach. (Geries, Stephen) |
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Filing 26
ORDER re #25 MOTION to Take Deposition from Charles Waggoner filed by Mr Cagle, Andy Moon. Plaintiff has until January 20, 2007 in which to respond to Defendants' application for leave to take Mr Waggoner's deposition.. Signed by Judge Robert Bacharach on 01/08/07. (bf, )
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| Filing 25 MOTION to Take Deposition from Charles Waggoner by Mr Cagle, Andy Moon. Motions referred to Robert Bacharach. (Geries, Stephen) |
| Filing 24 RESPONSE re #22 Special Report filed by Charles Waggoner. (Attachments: #1 Attachment 1-Civil Rights Discrimination Complaint#2 Attachment 2-Civil Rights Refusal of Medical Treatment)(db, ) |
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Filing 23
ORDER The deadline for dispositive motions is January 30, 2007. Signed by Judge Robert Bacharach on 11/17/2006. (bc, )
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| Filing 22 SPECIAL REPORT. (Attachments: #1 Exhibit 1 - Narrative Reports of officers#2 Exhibit 2 - Legal Mail receipt)(Geries, Stephen) |
| Filing 21 ANSWER to Complaint with Jury Demand by Mr Cagle.(Geries, Stephen) |
| Filing 20 ANSWER to Complaint with Jury Demand by Andy Moon.(Geries, Stephen) |
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Filing 19
ORDER denying #18 Plaintiff's Motion for Extension of Time. . Signed by Judge Robert Bacharach on 10/05/06. (bf, )
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| Filing 18 MOTION for 30 Day Extension of Time by Charles Waggoner. (db, ) |
| Filing 17 WAIVER OF SERVICE Returned Executed by United States Marshals Service for Plaintiff Charles Waggoner upon Defendant Andy Moon. Andy Moon waiver served on 9/15/2006, answer due 11/14/2006. (nm, ) |
| Filing 16 WAIVER OF SERVICE Returned Executed by US Marshals Service for Plaintiff Charles Waggoner upon Defendant Mr Cagle. Mr Cagle waiver served on 9/15/2006, answer due 11/14/2006. (nm, ) |
| Filing 15 NOTICE of Change of Address by Charles Waggoner (db, ) |
| Filing 14 PRAECIPE for 2 summonses by Charles Waggoner., Summons Issued as to Mr Cagle, Andy Moon. Delivered to USM for service. (db, ) |
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Filing 13
ORDER Directing Monthly Payments be made from Prison Account of Charles Waggoner. Signed by Judge Robert Bacharach on 08/01/06. (bf, )
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Filing 12
ORDER Requiring Service and Special Report. The Special Report shall be due no later than sixty (60) days from the date in which the first defendant is served. The answer or other dispositive motion shall be due 60 days from service. Unless otherwise ordered any party shall have one week to respond to a request for an extension. Proof of service is the Plaintiff's responsibility and due 120 days from the present order. . Signed by Judge Robert Bacharach on 08/01/06. (bf, )
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Filing 11
ORDER granting #10 Plaintiff's Motion for Leave to Proceed in forma pauperis . Signed by Judge Robert Bacharach on 07/31/06. (bf, )
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Charles Waggoner. (db, ) |
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Filing 9
ORDER re #7 MOTION for Leave to Proceed in forma pauperis filed by Charles Waggoner, Plaintiff has filed a motion to proceed in forma pauperis but the document is not on the court-approved form and omits much of the information required under the local rules. The Court declines to rule on the motion at this time, but directs the Clerk to mail a copy of the approved form to Plaintiff. Plaintiff shall file an amended motion for pauper status on the approved form no later than August 6, 2006.. Signed by Judge Robert Bacharach on 07/21/06. (bf, )
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Filing 8
ORDER denying #6 Motion to Appoint Counsel, without prejudice to renewal under appropriate circumstances at some later time in these proceedings. . Signed by Judge Robert Bacharach on 07/21/06. (bf, )
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Charles Waggoner. (db, ) |
| Filing 6 MOTION to Appoint Counsel by Charles Waggoner. (db, ) |
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Filing 5
ORDER To Plaintiff To Cure Deficiency - The Court is in receipt of the Complaint that Plaintiff tendered. In order for this action to proceed Plaintiff must either pay the $350.00 filing fee or be granted leave to proceed without prepayment of the fee. Plaintiff has neither paid the $350.00 filing fee nor submitted a motion for leave to proceed in forma pauperis. Plaintiff shall cure the deficiencies designated above by the 20th day of July 2006. The Clerk shall mail the Plaintiff a copy of the approved form for leave to proceed informa pauperis. (Note: Approved form included with Plaintiff's copy of this order mailed this date, bf). Signed by Judge Robert Bacharach on 06/30/06. (bf, )
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| Filing 4 ENTER ORDER REFERRING CASE to Magistrate Judge Robert Bacharach. By Direction of Judge Robin J. Cauthron on 6/29/06. (db, ) |
| Filing 3 ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Robin J. Cauthron for all further proceedings. Judge Tim Leonard no longer assigned to case. By Direction of Judge Tim Leonard on 6/29/06. (db, ) |
| Filing 2 Previous cases (db, ) |
| Filing 1 COMPLAINT against Comanche County Detention Center, Mr Cagle, Andy Moon, filed by Charles Waggoner.(db, ) |
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