U

U.S. District Court
Eastern District of Missouri (Cape Girardeau)
CIVIL DOCKET FOR CASE #: 1:02-cv-00088-CAS

Blair v. Wills, et al
Assigned to: Honorable Charles A. Shaw
Referred to:
Demand: $4000000
Lead Docket: None
Related Cases: None
Case in other court: None
Cause: 42:1983 Civil Rights Act

Date Filed: 07/02/02
Jury Demand: Defendant
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff -----------------------
Jordan Blair	represented by	Oscar Stilley 5111 Rogers Avenue Suite 520, Central Mall Plaza Fort Smith, AR 72903-2041 479-996-4109 Fax : 479-996-3409 Email: oscar@ostilley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant -----------------------
Bob Wills	represented by	John L. Oliver, Jr. OLIVER AND OLIVER 400 Broadway P.O. Box 559 Cape Girardeau, MO 63702-0559 573-335-8278 Fax : 573-334-6375 Email: joliver@oliverlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

		Russell F. Watters BROWN AND JAMES, P.C. 1010 Market Street 20th Floor St. Louis, MO 63101 314-421-3400 Fax : 314-421-3128 Email: rwatters@bjpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

		Steven H. Schwartz BROWN AND JAMES, P.C. 1010 Market Street 20th Floor St. Louis, MO 63101 314-421-3400 Fax : 314-421-3128 Email: sschwartz@bjpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

		John D. Briggs BROWN AND JAMES, P.C. 1010 Market Street 20th Floor St. Louis, MO 63101 314-421-3400 Fax : 314-421-3128 Email: jbriggs@bjpc.com ATTORNEY TO BE NOTICED

*aka* W. B. Wills
*dba* Mountain Park Boarding Academy
*aka* Bobby Ray Wills
Betty Sue Wills	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Sam Gerhardt
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Deborah Gerhardt
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Bo Gerhardt
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Julie Gerhardt
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Drew Parrish
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Bill Cavitt TERMINATED: 12/09/2002
	represented by	John L. Oliver, Jr. (See above for address) TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Robert O'Brient
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
		John D. Briggs (See above for address) ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Aaron Smith TERMINATED: 12/09/2002
	represented by	John L. Oliver, Jr. (See above for address) TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Robert Kennedy
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Mike Pardos TERMINATED: 12/09/2002
	represented by	John L. Oliver, Jr. (See above for address) TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Russell F. Watters (See above for address) TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
		Steven H. Schwartz (See above for address) TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
*dba* Mountain Park Boarding Academy

Missouri Association of Christian Child-Care Agencies, Inc. TERMINATED: 12/02/2002
	represented by	John L. Oliver, Jr. (See above for address) TERMINATED: 12/02/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Palm Lane Baptist Church, Inc.
	represented by	John L. Oliver, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Intervenor -----------------------
St. Louis Post-Dispatch LLC TERMINATED: 11/10/2003
	represented by	Benjamin A. Lipman Lewis, Rice & Fingersh, L.C. 500 N. Broadway Suite 2000 St. Louis, MO 63102-2147 314-444-7886 Fax : 314-612-7886 Email: blipman@lewisrice.com TERMINATED: 11/10/2003
V.		Bridget G. Hoy LEWIS AND RICE 500 N. Broadway Suite 2000 St. Louis, MO 63102-2147 Email: bhoy@lewisrice.com TERMINATED: 11/10/2003
Movant -----------------------
Crawford County, Arkansas TERMINATED: 12/04/2003
	represented by	Marc McCune Prosecuting Attorney Twenty-First Judicial District 206 S. Third Van Buren, AR 72956 479-474-5000 Fax : 479-471-3256 TERMINATED: 12/04/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Filing Date	Docket Text
07/02/2002	COMPLAINT; # Summons Issued: 14 # Days to Respond: 20 # Counts: 5 Disclosure of Corp Cert issued to: defendant corporations (CSG) (Entered: 07/03/2002)
07/02/2002	MOTION by plaintiff Jordan Blair for temporary restraining order , and for preliminary injunction w/memo in support (CSG) (Entered: 07/03/2002)
07/02/2002	TRACK INFORMATION STATEMENT filed by plaintiff Jordan Blair track 2 preferred (CSG) (Entered: 07/03/2002)
07/02/2002	MOTION by plaintiff Jordan Blair for attorney Oscar Stilley to appear pro hac vice (CSG) (Entered: 07/03/2002)
07/10/2002	RULED DOCUMENT by Honorable Charles A. Shaw granting motion for attorney Oscar Stilley to appear pro hac vice [5-1] (cc: all counsel) (CSG) (Entered: 07/12/2002)
07/19/2002	MOTION by plaintiff Jordan Blair for hearing on preliminary injunction (CSG) (Entered: 07/22/2002)
07/19/2002	Notice of Motion: Motion to Dismiss for want of subject matter jurisdiction by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt (CSG) (Entered: 07/22/2002)
07/19/2002	Notice of Motion: Motion to Dismiss for want of capacity to sue by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Bill Cavitt, defendant Robert O'Brient, defendant Aaron Smith, defendant Robert Kennedy, defendant Mike Pardos, defendant MO Assoc Christian, defendant Palm Lane Baptist (CSG) (Entered: 07/22/2002)
07/19/2002	RESPONSE - Suggestions of Caution - by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Bill Cavitt, defendant Robert O'Brient, defendant Aaron Smith, defendant Robert Kennedy, defendant Mike Pardos, defendant MO Assoc Christian, defendant Palm Lane Baptist to plaintiff's atty's motion for admission phv. [5-1] (CSG) (Entered: 07/22/2002)
07/19/2002	MOTION by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] (CSG) (Entered: 08/08/2002)
07/19/2002	RESPONSE by plaintiff Jordan Blair to motion to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] [9-1] (CSG) Modified on 08/08/2002 (Entered: 08/08/2002)
07/19/2002	REPLY by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt to response to motion to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] [9-1] (CSG) (Entered: 08/08/2002)
07/19/2002	MOTION by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt to dismiss for want of capacity to sue Date Motion Received: 8/7/02 [10-1] (CSG) (Entered: 08/08/2002)
07/19/2002	RESPONSE by plaintiff Jordan Blair to motion to dismiss for want of capacity to sue Date Motion Received: 8/7/02 [10-1] [10-1] (CSG) (Entered: 08/08/2002)
07/19/2002	REPLY - supplemental mtn to dismiss for lack of standing, objection to request for leave to file first amended complaint and objections to plaintiff's proposed appointment of next friend - by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt to response to motion to dismiss for want of capacity to sue Date Motion Received: 8/7/02 [10-1] [10-1] (CSG) (Entered: 08/08/2002)
07/19/2002	MOTION by plaintiff Jordan Blair for leave to amend complaint (filed as part of response to defendants' mtn to dismiss for want of capacity to sue) (CSG) (Entered: 08/28/2002)
07/23/2002	RESPONSE - Objection - by defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt to motion for hearing on preliminary injunction [8-1] (CSG) (Entered: 07/23/2002)
08/07/2002	SUPPLEMENTAL by defendant Sam Gerhardt, defendant Deborah Gerhardt re motion response [12-1] to plaintiff's mtn for hearing on preliminary injunction (CSG) (Entered: 08/08/2002)
08/07/2002	SUPPLEMENTAL by defendant Sam Gerhardt, defendant Deborah Gerhardt re response [11-1] to plaintiff's atty's motion for admission pro hac vice (CSG) (Entered: 08/08/2002)
08/07/2002	MEMORANDUM of filing motion packages (2) by defendant Sam Gerhardt, defendant Deborah Gerhardt re: notice of motion motion Notice of Motion: Motion to Dismiss for want of capacity to sue [10-1], re: notice of motion motion Notice of Motion: Motion to Dismiss for want of subject matter jurisdiction [9-1] (CSG) (Entered: 08/08/2002)
08/12/2002	ORDER by Honorable Charles A. Shaw , ; In-court hearing Aug. 20, 2002 at 11:00 a.m. in St. Louis on plaintiff's mtn for temporary restraining order or preliminary injunction, defendants' mtn to dismiss, and defendants' objections to admission of plaintif's atty pro hac vice. (cc: all counsel) (CSG) (Entered: 08/13/2002)
08/15/2002	ORDER by Honorable Charles A. Shaw , re-setting ; In-court hearing Aug. 29, 2002 at 10:30 a.m. (cc: all counsel) (CSG) (Entered: 08/15/2002)
08/19/2002	SUPPLEMENTAL by defendant Sam Gerhardt, defendant Deborah Gerhardt re motion response - objection to request for leave to file amended petition. [10-1] (CSG) (Entered: 08/20/2002)
08/28/2002	Notice of Motion: Motion to Dismiss for want of personal jurisdiction by defendant Betty Sue Wills, defendant Drew Parrish, defendant Robert Kennedy, defendant Palm Lane Baptist (CSG) (Entered: 08/30/2002)
08/28/2002	Notice of Motion: Motion for Summary Judgment by defendant MO Assoc Christian (CSG) (Entered: 08/30/2002)
08/28/2002	MOTION by defendant MO Assoc Christian for summary judgment Date Motion Received: 10/3/02 [20-1] w/memo in support (CSG) (Entered: 10/04/2002)
08/28/2002	MOTION by defendant Betty Sue Wills, defendant Drew Parrish, defendant Robert Kennedy to dismiss for want of jurisdiction over to motion to quash process and service of process and to dismiss pursuant to rule 12(B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] w/afdt of Robert Kennedy, afdt of Drew Parrish and Memoranda in support (CSG) (Entered: 10/04/2002)
08/28/2002	MOTION by defendant Palm Lane Baptist to dismiss for lack of jurisdiction and to dismiss pursuant to rule (B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] w/memo in support (CSG) (Entered: 10/04/2002)
08/28/2002	RESPONSE by plaintiff Jordan Blair to motion to dismiss for lack of jurisdiction and to dismiss pursuant to rule (B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] [19-1] (CSG) (Entered: 10/04/2002)
08/28/2002	REPLY by defendant Betty Sue Wills, defendant Drew Parrish, defendant Robert Kennedy, defendant Palm Lane Baptist to response to motion to dismiss for lack of jurisdiction and to dismiss pursuant to rule (B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] [19-1], motion to dismiss for want of jurisdiction over to motion to quash process and service of process and to dismiss pursuant to rule 12(B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] [19-1] (CSG) (Entered: 10/04/2002)
08/28/2002	RESPONSE by plaintiff Jordan Blair to motion for summary judgment of deft Mo. Assoc. of Christian Child Care Agencies, Date Motion Received: 10/3/02 [20-1] [20-1] (CSG) Modified on 11/22/2002 (Entered: 11/22/2002)
08/29/2002	ORDER by Honorable Charles A. Shaw granting motion for leave to amend complaint [0-1], denying motion to dismiss for want of capacity to sue Date Motion Received: 8/7/02 [10-1] [10-1] (cc: all counsel) (CSG) (Entered: 08/30/2002)
08/29/2002	MINUTES: before Honorable Charles A. Shaw , ; In-court hearing held, order issued court reporter: Sue Moran; proceedings started: 10:45 a.m. - ended: 11:21 a.m. (CSG) (Entered: 09/03/2002)
09/19/2002	MOTION by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Bill Cavitt, defendant Robert O'Brient, defendant Aaron Smith, defendant Robert Kennedy, defendant Mike Pardos, defendant MO Assoc Christian, defendant Palm Lane Baptist for order for affidavits establishing the facts and circumstances from Juvenile Dept of the Circuit Court of Crawford County and Prosecuting Atty of Crawford County (CSG) (Entered: 09/19/2002)
09/26/2002	AMENDED COMPLAINT by plaintiff Jordan Blair # Counts: 6 [1-1]; jury demand (CSG) (Entered: 09/26/2002)
09/26/2002	MOTION by plaintiff Jordan Blair for order appointing Susanne Blicharz as next friend for plaintiff (CSG) (Entered: 09/27/2002)
09/27/2002	MOTION by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Bill Cavitt, defendant Robert O'Brient, defendant Aaron Smith, defendant Robert Kennedy, defendant Mike Pardos, defendant MO Assoc Christian, defendant Palm Lane Baptist for reconsideration of pro hac vice admission of Oscar Stilley (CSG) (Entered: 09/30/2002)
09/27/2002	SUPPLEMENTAL by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Robert O'Brient, defendant Robert Kennedy, defendant MO Assoc Christian, defendant Palm Lane Baptist re motion to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] [9-1] (CSG) Modified on 10/04/2002 (Entered: 09/30/2002)
10/03/2002	MEMORANDUM of filing motion package by defendant MO Assoc Christian re: notice of motion motion Notice of Motion: Motion for Summary Judgment [20-1] (CSG) Modified on 10/04/2002 (Entered: 10/04/2002)
10/03/2002	MEMORANDUM of filing motion package by defendant Betty Sue Wills, defendant Drew Parrish, defendant Robert Kennedy re: notice of motion motion Notice of Motion: Motion to Dismiss for want of personal jurisdiction [19-1] (CSG) (Entered: 10/04/2002)
10/03/2002	JOINDER by defendant Bob Wills, defendant Robert O'Brient to motion to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] [9-1] (CSG) (Entered: 12/02/2002)
10/07/2002	RESPONSE by plaintiff Jordan Blair to motion for order for affidavits establishing the facts and circumstances from Juvenile Dept of the Circuit Court of Crawford County and Prosecuting Atty of Crawford County [23-1] (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Bob Wills on 7/26/02 by personal service by serving Bob Wills Address 14909 Caleb Dr., Fort Myers, FL 33908 (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Betty Sue Wills on 7/26/92 by personal service by serving Betty Sue Wills Address 14909 Caleb Dr., Fort Myers, FL 33908 (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Sam Gerhardt on 7/2/02 by personal service by serving Sam Gerhardt (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Deborah Gerhardt on 7/2/02 by personal service by serving Deborah Gerhardt (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Bo Gerhardt on 7/2/02 by personal service by serving Bo Gerhardt (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Julie Gerhardt on 7/2/02 by personal service by serving Julie Gerhardt (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Drew Parrish on 7/11/02 by personal service by serving Drew Parrish, 3193 SW Beard St, Arcadia, FL (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Robert O'Brient on 7/11/02 by personal service by serving Robert O'Brient Address 3193 SW Beard St, Arcadia, FL (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Robert Kennedy on 7/11/02 by personal service by serving Robert Kennedy Address 3193 SW Beard St, Arcadia, FL (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant MO Assoc Christian on 7/26/02 by personal service by serving Robert Wills Address 14909 Caleb Dr., Fort Myers, FL (CSG) (Entered: 10/08/2002)
10/07/2002	RETURN OF SERVICE executed upon defendant Palm Lane Baptist on 7/26/02 by personal service by serving Robert Wills Address 14909 Caleb Dr., Fort Myers, FL (CSG) (Entered: 10/08/2002)
10/10/2002	SUPPLEMENTAL by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Bill Cavitt, defendant Robert O'Brient, defendant Aaron Smith, defendant Robert Kennedy, defendant Mike Pardos, defendant MO Assoc Christian, defendant Palm Lane Baptist re motion for reconsideration of pro hac vice admission of Oscar Stilley [26-1] (CSG) (Entered: 10/11/2002)
10/15/2002	RESPONSE by plaintiff Jordan Blair to motion for reconsideration of pro hac vice admission of Oscar Stilley [26-1] (CSG) (Entered: 10/15/2002)
10/15/2002	RESPONSE by plaintiff Jordan Blair to Supplement to motion to dismiss for want of subject matter jurisdiction [43-1] (CSG) (Entered: 10/15/2002)
10/15/2002	AFFIDAVIT of Jordan Blair (CSG) (Entered: 10/15/2002)
12/02/2002	MEMORANDUM AND ORDER: by Honorable Charles A. Shaw denying motion for reconsideration of pro hac vice admission of Oscar Stilley [26-1], finding the motion for order appointing Susanne Blicharz as next friend for plaintiff [25-1] moot as pla has now reached the age of majority, denying motion for order for affidavits establishing the facts and circumstances from Juvenile Dept of the Circuit Court of Crawford County and Prosecuting Atty of Crawford County [23-1], denying motion to dismiss for lack of jurisdiction and to dismiss pursuant to rule (B)(2) and 12(B)(3) as to defendants Betty Sue Wills and Palm Lane Baptist Church, Inc. (Motion remains pending as to defendants Drew Parish and Robert Kennedy) Date Motion Received: 10/3/02 [19-1] [19-1], granting motion for summary judgment Date Motion Received: 10/3/02 [20-1] [20-1], denying motion to dismiss for want of subject matter jurisdiction Date Motion Received: 8/7/02 [9-1] [9-1] terminating defendant MO Assoc Christian Defendants' motions to dismiss for want of subject matter jurisdiction, construed as motions to dismiss for failure to state a claim, are GRANTED with respect to plaintiff's claims under 42 U.S.C. 1983 and 1985(3).(cc: all counsel) (CSG) (Entered: 12/03/2002)
12/02/2002	ORDER RELATING TO CLASS CERTIFICATION by Honorable Charles A. Shaw: In the event pla no longer wishes the case to proceed as a class action, pla's counsel shall so advise the Court in writing by Dec. 9, 2002. If pla desires that the case proceed as a class action, pla's counsel shall file a motion to determine whether the action is to be maintained as a class action, within 60 days of the date of this order. After pla has file motion, and after hearing from defendants in response, Court will issue an appropriate order regarding a class certification hearing, if one is deemed necessary. If pla does not file a motion in compliance with this order, the Court will strike the class allegations in pla's complaint and the case will proceed in the individual capacity of the named pla only. No extentions of time limitations in this order will be granted. (cc: all counsel) (CSG) (Entered: 12/03/2002)
12/05/2002	ATTORNEY APPEARANCE for defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Robert O'Brient, defendant Mike Pardos by Russell F. Watters, Steven H. Schwartz (CSG) (Entered: 12/06/2002)
12/09/2002	MOTION by plaintiff Jordan Blair for order withdrawing class allegations and to dismiss unserved defendants w/o prejudice (CSG) (Entered: 12/11/2002)
12/09/2002	MEMORANDUM AND ORDER: by Honorable Charles A. Shaw granting motion for order withdrawing class allegations and to dismiss unserved defendants w/o prejudice [50-1], granting motion to dismiss for want of jurisdiction and motion to quash process and service of process and to dismiss pursuant to rule 12(B)(2) and 12(B)(3) Date Motion Received: 10/3/02 [19-1] [19-1], denying motion for preliminary injunction [3-2] IT IS HEREBY ORDERED that defs Bill Cavitt, Mike Pardos and Aaron Smith are dismissed w/o prejudice due to pla's failure to effect service in a timely manner. dismissing without prejudice defendant Mike Pardos, defendant Aaron Smith, defendant Bill Cavitt (cc: all counsel) (CSG) Modified on 12/11/2002 (Entered: 12/11/2002)
02/13/2003	ANSWER by defendant Drew Parrish, defendant Robert Kennedy, defendant Palm Lane Baptist to first amended complaint [24-1]; jury demand (CSG) (Entered: 02/14/2003)
02/18/2003	MOTION by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Robert O'Brient for leave to file answer to pla's first amended complaint out of time (CSG) (Entered: 02/19/2003)
02/21/2003	RULED DOCUMENT by Honorable Charles A. Shaw granting motion for leave to file answer to pla's first amended complaint out of time [53-1] (cc: all counsel) (CSG) (Entered: 02/24/2003)
02/21/2003	ANSWER by defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Robert O'Brient to pla's first amended complaint [24-1]; jury demand (CSG) (Entered: 02/25/2003)
02/26/2003	RULE 16 ORDER by Honorable Charles A. Shaw ; standard(2) track , ; Rule 16 Conference April 3, 2003 at 11:15 a.m. ; joint scheduling plan ddl March 19, 2003 (cc: all counsel) (CSG) (Entered: 02/27/2003)
03/19/2003	JOINT PROPOSED SCHEDULING PLAN by plaintiff Jordan Blair, defendant Bob Wills, defendant Betty Sue Wills, defendant Sam Gerhardt, defendant Deborah Gerhardt, defendant Bo Gerhardt, defendant Julie Gerhardt, defendant Drew Parrish, defendant Robert O'Brient, defendant Robert Kennedy, defendant Palm Lane Baptist (CSG) (Entered: 03/20/2003)
04/04/2003	CASE MANAGEMENT ORDER by Honorable Charles A. Shaw ; , standard(2) track , ; motion to add party ddl May 9, 2003 ; Disc completion ddl Oct. 22, 2003 ; Notice of Motion ddl set for 10/31/03 ; Motion Package ddl set for 12/11/03 ; non-disp motion ddl Oct. 31, 2003 ; jury trial April 12, 2004 ; pt comp ddl March 23, 2004 ; final pre-trial conference April 12, 2004 at 9:00 a.m. , ; ADR future refer Sept. 2, 2003 (cc: all counsel) (CSG) (Entered: 04/07/2003)
05/09/2003	GENERIC SCHEDULING EVENT ; Motion to Add Party ddl satisfied (CSG) (Entered: 06/06/2003)
07/11/2003	MOTION by plaintiff Jordan Blair to compel discovery , and to compel payment of mileage for Terri Young w/brief in support (CSG) (Entered: 07/14/2003)
08/04/2003	RESPONSE by defendant Palm Lane Baptist to motion to compel discovery [59-1], to motion to compel payment of mileage for Terri Young [59-2] (CSG) (Entered: 08/05/2003)
08/05/2003	MOTION by defendant Robert O'Brient, defendant Julie Gerhardt, defendant Bo Gerhardt, defendant Deborah Gerhardt, defendant Sam Gerhardt, defendant Betty Sue Wills, defendant Bob Wills to extend time to respond to pla's mtn to compel until 8/11/03 (CSG) (Entered: 08/05/2003)
08/05/2003	RULED DOCUMENT by Honorable Charles A. Shaw granting motion to extend time to respond to pla's mtn to compel until 8/11/03 [61-1] (cc: all counsel) (CSG) (Entered: 08/05/2003)
08/12/2003	RESPONSE by defendant Robert O'Brient, defendant Julie Gerhardt, defendant Bo Gerhardt, defendant Deborah Gerhardt, defendant Sam Gerhardt, defendant Betty Sue Wills, defendant Bob Wills to motion to compel discovery [59-1], to motion to compel payment of mileage for Terri Young [59-2] (CSG) (Entered: 08/12/2003)
08/25/2003	REPLY by plaintiff Jordan Blair to response to motion to compel discovery [59-1], motion to compel payment of mileage for Terri Young [59-2] (CSG) (Entered: 08/25/2003)
08/29/2003	ORDER by Honorable Charles A. Shaw , , Telephone Discovery Conference Set for Tuesday, Sept. 23, 2003 at 11:30 a.m. re pla's mtn to compel compliance with discovery and payment of mileage for Terri Young (cc: all counsel) (CSG) (Entered: 09/02/2003)
09/02/2003	MOTION by defendant Robert O'Brient, defendant Julie Gerhardt, defendant Bo Gerhardt, defendant Deborah Gerhardt, defendant Sam Gerhardt, defendant Betty Sue Wills, defendant Bob Wills for leave to file a sur-reply to plaintiff's motion to compel (CSG) (Entered: 09/03/2003)
09/04/2003	ORDER REFERRING CASE TO ADR: by Honorable Charles A. Shaw Case set for mediation Designation of Lead Counsel: Oscar Stilley ; ADR completion ddl Nov. 3, 2003 Designation of Neutral Sept. 15, 2003 ADR Conference Report ddl Sept. 22, 2003 (cc: all counsel) (CSG) (Entered: 09/05/2003)
09/15/2003	NOTICE of Hearing for Sept. 16, 2003 at 9:00 a.m. on motion for leave to file a sur-reply to plaintiff's mtn to compel by defendant Robert O'Brient, defendant Julie Gerhardt, defendant Bo Gerhardt, defendant Deborah Gerhardt, defendant Sam Gerhardt, defendant Betty Sue Wills, defendant Bob Wills (CSG) (Entered: 09/15/2003)
09/16/2003	RULED DOCUMENT by Honorable Charles A. Shaw granting motion for leave to file a sur-reply to plaintiff's motion to compel [66-1] (cc: all counsel) (CSG) (Entered: 09/17/2003)
09/16/2003	SUR-REPLY by defendant Robert O'Brient, defendant Drew Parrish, defendant Julie Gerhardt, defendant Bo Gerhardt, defendant Deborah Gerhardt, defendant Sam Gerhardt, defendant Betty Sue Wills, defendant Bob Wills re plaintiff's motion to compel [59-1], re [59-2] (CSG) (Entered: 09/29/2003)
09/24/2003	DESIGNATION NEUTRAL REPORT by plaintiff Jordan Blair Neutral: Stanley Grimm date of conference: 10/7/03 time: 9:00 a.m. location: Federal Building, Cape (CSG) (Entered: 09/24/2003)
09/24/2003	NOTICE of appointment of neutral; neutral: Stanley A. Grimm; neutral selected by: parties (CSG) (Entered: 09/24/2003)
10/14/2003	ADR COMPLIANCE REPORT by Neutral: Stanley A. Grimm Date of Conference: 10/7/03; participated in good faith: yes, the parties did not achieve a settlement.(CSG, ) (Entered: 10/15/2003)
10/20/2003	First MOTION for Protective Order to seal deposition transcripts and recordings by Defendants Bo Gerhardt, Deborah Gerhardt, Julie Gerhardt, Sam Gerhardt, Robert Kennedy, Robert O'Brient, Betty Sue Wills, Bob Wills. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order Proposed Protective Order)(Schwartz, Steven) (Entered: 10/20/2003)
10/28/2003	RESPONSE in Opposition/Memorandum in Opposition re 73 First MOTION for Protective Order to seal deposition transcripts and recordings filed by Plaintiff Jordan Blair. (Attachments: (1) Exhibit #1 (2) Exhibit #2 (3) Exhibit #3)(CSG, ) (Entered: