 |
Web Hosting by Netfirms | Free Domain Names by Netfirms |
|
|
|
| Docket as of September 9, 1998 10:13 pm | Futrelle, et al v. Wills, et al | Web PACER (v2.3) |
U.S. District Court
Eastern District of Missouri (Southeastern)
CIVIL DOCKET FOR CASE #: 96-CV-153
Futrelle, et al v. Wills, et al
Filed: 08/30/96
Assigned to: Honorable Catherine D. Perry
Jury demand: Both
Demand: $6,000,000
Nature of Suit: 190
Lead Docket: None
Jurisdiction: Diversity
Dkt# in other court: None
Cause: 28:1332 Diversity-Other Contract
WILLIAM ANDREW FUTRELLE W. Edward Reeves
plaintiff 573-333-5462 fax
[COR LD NTC]
WARD AND REEVES
711 Ward Avenue
Caruthersville, MO 63830-0169
573-333-2396
FTS 333-5462
Mark T. McCloskey, Sr.
314-721-3666 fax
[COR LD NTC]
8000 Maryland Avenue
Suite 1180
Clayton, MO 63105
314-721-4000
FTS 721-3666
BILLIE FUTRELLE, as father and W. Edward Reeves
mother respectively of (See above)
dec [COR LD NTC]
William Andrew Futrelle, II
plaintiff Mark T. McCloskey, Sr.
(See above)
[COR LD NTC]
v.
BOB WILLS John L. Oliver, Jr., President
dba 573-334-6375 fax
Mountain Park Baptist Academy, [COR LD NTC]
The OLIVER AND OLIVER
defendant 400 Broadway
P.O. Box 559
Cape Girardeau, MO 63702-0559
573-335-8278
FTS 334-6375
David C. Gibbs, III
813-398-9807 fax
[COR LD NTC]
GIBBS AND CRAZE
5666 Seminole Boulevard
Suite 2
Seminole, FL 33772
813-399-8300
FTS 398-9807
David C. Gibbs, Jr.
216-328-2022 fax
[COR LD NTC]
GIBBS AND CRAZE CO., L.P.A.
6450 Rockside Woods Boulevard
S.
Corporate Plaza One, Suite 100
Cleveland, OH 44131
216-328-2002
MOUNTAIN PARK BAPTIST CHURCH, John L. Oliver, Jr., President
THE, a voluntary (See above)
unincorporated association, by [COR LD NTC]
and through its representative,
Pastor/Administrator David C. Gibbs, III
- (See above)
Bob Wills [COR LD NTC]
aka
Bobby Ray Wills
defendant
DOCKET PROCEEDINGS
DATE #
DOCKET ENTRY
8/30/96 1 COMPLAINT; # Waivers of Service
Issued: 2 # Counts: 2; 2
Waivers, 1 TIS (mrs) [Entry date 09/03/96]
8/30/96 2 TRACK INFORMATION STATEMENT filed by
plaintiff William
Andrew Futrelle, plaintiff Billie Futrelle ;track 2,
Standard preferred (mrs) [Entry date 09/03/96]
8/30/96 3 RECEIPT # 18996 in the amount of
$ 120.00 for civil
filing fee (mrs) [Entry date 09/03/96]
10/2/96 4 WAIVER OF SERVICE executed upon
defendant Bob Wills on
9/27/96 by serving B.R. Wills (mrs) [Entry date 10/09/96]
12/16/96 5 ATTORNEY APPEARANCE for defendant Bob Wills
by John L.
Oliver Jr. (mrs) [Entry date 12/20/96]
12/16/96 6 MOTION by defendant Bob Wills to extend
time to file
answer to 1/15/97 (mrs) [Entry date 12/20/96]
12/30/96 6 RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion to extend time to file answer to 1/15/97 [6-1] (cc:
all counsel) (mrs) [Entry date 01/03/97]
1/22/97 7 MOTION by defendant Bob Wills for
attorney David Charles
Gibbs III to appear pro hac vice (mrs) [Entry date 01/27/97]
1/22/97 8 MOTION by defendant Bob Wills for
attorney David Charles
Gibbs Jr. to appear pro hac vice (mrs) [Entry date 01/27/97]
1/24/97 9 ANSWER by defendant Bob Wills to [1-1]
LEAVE TO FILE
GRANTED (CDP) (mrs) [Entry date 02/03/97]
1/24/97 10 RESPONSE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to [9-1] (mrs) [Entry date 02/03/97]
1/29/97 -- RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion for attorney David Charles Gibbs Jr. to appear pro
hac vice [8-1] (cc: all counsel) (mrs)
[Entry date 02/05/97]
1/29/97 -- RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion for attorney David Charles Gibbs III to appear pro
hac vice [7-1] (cc: all counsel) (mrs)
[Entry date 02/05/97]
2/5/97 11 RECEIPT # 19211 in the amount of
$ 50.00 for 2 (two) phv
fees (mrs) [Entry date 02/11/97]
3/3/97 12 Discovery/Disclosure returned to atty:
Cover
(interrogatories) (mrs) [Entry date 03/10/97]
3/18/97 13 RULE 16 ORDER by Honorable Catherine
D. Perry ;
standard(2) track, ; Rule 16 Conference 4/25/97 at
11:00 ; joint scheduling plan ddl 4/18/97 (cc: all
counsel) (mrs) [Entry date 03/21/97]
4/18/97 14 ORDER by Honorable Catherine D. Perry
; Rule 16
Conference 4/24/97 at 2:30 (cc: all counsel) (mrs)
[Entry date 04/23/97]
4/24/97 15 MINUTES: before Honorable Catherine
D. Perry Rule 16
Conference held on 4/24/97 court reporter: n/a;
proceedings started: 2:30 - ended: 4:45 (mrs)
[Entry date 05/01/97]
4/28/97 16 CASE MANAGEMENT ORDER by Honorable
Catherine D. Perry ;
complex(3) track, ; motion to add party ddl 5/15/97 ;
Disc completion ddl 4/1/98 ; non-disp motion ddl 5/29/98 ;
disp motion ddl 3/2/98 (those summary jgm mtns raising the
issue of immunity because of church status must be filed no
later than 6/30/97); jury trial 6/8/98 at 9:00 ; pt comp
ddl 5/20/98 (cc: all counsel) (mrs) [Entry date 05/02/97]
5/2/97 17 NOTICE by defendant Bob Wills of
withdrawal w/o prejudice
to right to subsequently request leave to file the same,
his Third Party Complaint referenced in the Answer, but not
heretofore filed. (mrs) [Entry date 05/05/97]
5/15/97 18 Discovery/Disclosure returned to atty:
C.Cover (mrs)
[Entry date 05/21/97]
5/15/97 19 MOTION by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle for leave to file first amended complaint
with exhibit A proposed amended complaint attached (mrs)
[Entry date 05/21/97] [Edit date 05/21/97]
5/23/97 19 RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion for leave to file first amended complaint [19-1]
(cc: all counsel) (mrs) [Entry date 05/29/97]
5/23/97 20 Discovery/Disclosure returned to atty:
Cover (response to
interrogatories) (mrs) [Entry date 05/29/97]
5/28/97 21 AMENDED COMPLAINT by plaintiff William
Andrew Futrelle,
plaintiff Billie Futrelle # Waiver of Service Issued: 1 #
Counts: 2 [1-1]; adding Mountain Park Church; jury demand
(mrs) [Entry date 06/02/97]
6/11/97 -- GENERIC SCHEDULING EVENT ; Motion to Add
Party ddl termed
(mrs)
6/12/97 22 WAIVER OF SERVICE executed upon defendant
Mountain Park
Church on 6/12/97 by serving John Oliver, atty (mrs)
[Entry date 06/18/97]
6/30/97 23 ANSWER by defendant Bob Wills, defendant
Mountain Park
Church to [21-1] (mrs) [Entry date 07/03/97]
6/30/97 24 MOTION by defendant Bob Wills, defendant
Mountain Park
Church to dismiss for lack of jurisdiction with brief
attached in support (mrs) [Entry date 07/03/97]
6/30/97 25 MOTION by defendant Bob Wills, defendant
Mountain Park
Church for summary judgment with memorandum and exhibits
attached in support (mrs) [Entry date 07/03/97]
7/3/97 26 MOTION by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to extend time addl 20 days to respond to
defts motion to dismiss (mrs) [Entry date 07/08/97]
7/14/97 26 RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion to extend time addl 20 days to respond to defts
motion to dismiss [26-1] (cc: all counsel) (mrs)
[Entry date 07/16/97]
7/21/97 27 RESPONSE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to motion for summary judgment [25-1] with
exhibits A-D attached in support (mrs) [Entry date 07/24/97]
7/21/97 28 RESPONSE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to motion to dismiss for lack of
jurisdiction [24-1] with exhibit A attached (mrs)
[Entry date 07/24/97]
8/1/97 29 MOTION by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to compel answers to pal interrogatories
and request for productions (mrs) [Entry date 08/05/97]
8/1/97 30 RESPONSE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to [23-1] LEAVE TO FILE GRANTED (CDP) (mrs)
[Entry date 08/07/97]
9/3/97 31 REPLY by defendant Bob Wills,
defendant Mountain Park
Church to response to motion to dismiss for lack of
jurisdiction [24-1] LEAVE TO FILE GRANTED (CDP) (mrs)
[Entry date 09/08/97]
9/3/97 32 REPLY by defendant Bob Wills,
defendant Mountain Park
Church to response to motion for summary judgment [25-1]
LEAVE TO FILE GRANTED (CDP) (mrs) [Entry date 09/08/97]
10/14/97 33 MEMORANDUM AND ORDER: by Honorable
Catherine D. Perry
granting motion to compel answers to pal interrogatories
and request for productions [29-1], The defendants shall
produce all documents and answer all interrogatories, under
oath, set forth in pla's first inter. no later than 11/3/97
IT IS FURTHER ORDERED that all information produced by
defts relating to students other than decedents shall be
used by pla's for this litigation only, shall be kept
confidential by pla's, shall not be disclosed to persons
other than parties/persons assisting in this litigation.
denying Count I and granting Count II of defts motion for
summary judgment [25-1], denying motion to dismiss for lack
of jurisdiction [24-1] (cc: all counsel) (mrs)
[Entry date 10/17/97]
1/16/98 36 REQUEST by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle for to inspect and photograph Mountain
Park Baptist Academy (mrs) [Entry date 01/29/98]
1/23/98 34 NOTICE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle of designation of expert witness (mrs)
[Entry date 01/28/98]
1/26/98 35 MOTION by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to continue trial date and case managment
ddls (mrs) [Entry date 01/29/98]
2/11/98 37 CASE MANAGEMENT ORDER by Honorable
Catherine D. Perry ;
granting motion to continue trial date and case managment
ddls [35-1] ; Disc completion ddl 6/1/98 ; non-disp
motion ddl 7/31/98 (limine) ; disp motion ddl 3/31/98 ;
jury trial 8/10/98 at 9:00 ; pt comp ddl 7/21/98 IT IS
FURTHER ORDERED that pla's counsel is reminded that
discovery materials such as requests for inspection or
designation of expert witnesses should only be served on
opposing counsel pursuant to Local Rule 3.02 and should not
be filed with the court unless they are filed as exhibits
to motions to compel (cc: all counsel) (mrs)
[Entry date 02/13/98]
4/1/98 38 MOTION by defendant Bob Wills,
defendant Mountain Park
Church for summary judgment w/memo in support (csg)
[Entry date 04/03/98]
4/20/98 39 MOTION by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to extend the time in which to file a
response to the deft's second motion for summary judgment
(bdc) [Entry date 04/21/98]
4/23/98 39 RULED DOCUMENT by Honorable Catherine
D. Perry granting
motion to extend the time in which to file a response to
the deft's second motion for summary judgment [39-1] ;
Resp to court ddl 5/5/98 (cc: all counsel) (cla)
[Entry date 04/28/98]
4/30/98 40 NOTICE by Bob Wills of filing
bankruptcy - CASE STAYED as
to dft Bob Wills (csg) [Entry date 05/01/98]
5/4/98 -- MAIL Returned [39-2] addressed to
defendant Bob Wills atty
Gibbs - Firm had change of address - order remailed to
corrected address (mrs) [Entry date 05/14/98]
5/5/98 41 PRELIMINARY RESPONSE by plaintiff
William Andrew Futrelle,
plaintiff Billie Futrelle to dft Wills' notice of
bankruptcy [40-2] (csg) [Entry date 05/06/98]
5/14/98 -- GENERIC SCHEDULING EVENT ; Dispositive
Motion ddl satisfied
(mrs)
5/18/98 42 SUPPLEMENTAL by plaintiff William Andrew
Futrelle,
plaintiff Billie Futrelle re response [41-1] w/ Exhibit A
attached (mrs) [Entry date 05/19/98]
6/4/98 43 ORDER REFERRING CASE TO ADR:
by Honorable Catherine D.
Perry Case set for mediation Designation of Lead Counsel:
Mark McCloskey ; ADR completion ddl 7/31/98 Designation
of Neutral 6/23/98 ADR Conference Report ddl 6/23/98
(cc: all counsel) (mrs) [Entry date 06/09/98]
6/4/98 44 ORDER by Honorable
Catherine D. Perry IT IS HEREBY
ORDERED that the stay in bankruptcy of this matter is
lifted. Defendant shall promptly file notice with this
Court when the bankruptcy case has actually been dismissed.
IT IS FURTHER ORDERED that pla's are granted additional
time up to and including June 12, 1998, in which to file
their response to the motion for summary judgment.
Defendant shall file any reply brief within the time limits
set by local rule. No further extensions will be granted.
IT IS FURTHER ORDERED that the deadline for completion of
discovery in this case is extended to July 3, 1998.
terminating stay motion CASE STAYED as to dft Bob Wills
[40-1] ; Disc completion ddl 7/3/98 (cc: all counsel) (mrs)
[Entry date 06/09/98]
6/12/98 45 RESPONSE by plaintiff William Andrew
Futrelle, plaintiff
Billie Futrelle to motion for summary judgment [38-1] (mrs)
[Entry date 06/15/98]
6/23/98 46 DESIGNATION NEUTRAL REPORT by plaintiff
William Andrew
Futrelle, plaintiff Billie Futrelle, defendant Bob Wills,
defendant Mountain Park Church Neutral: Don Thomasson
date of conference: 7/1/98 time: 10:00 a.m. location: to
be determined (mrs) [Entry date 06/25/98]
6/29/98 47 NOTICE of appointment of neutral;
neutral: Don Thomasson;
neutral selected by: parties (mrs) [Entry date 07/02/98]
7/2/98 48 MEMORANDUM AND ORDER:
by Honorable Catherine D. Perry
denying motion for summary judgment [38-1] (cc: all
counsel) (mrs) [Entry date 07/09/98]
7/14/98 49 ADR COMPLIANCE REPORT Neutral: Don
Thomasson; The parties
did achieve a settlement. (mrs) [Entry date 07/16/98]
7/14/98 50 ORDER by Honorable Catherine D.
Perry The Court having
been advised that this action has settled, IT IS HEREBY
ORDERED that the 8/10 trial setting is vacated and all
pending motions are denied w/o prejudice IT IS FURTHER
ORDERED that counsel shall file within 30 days a
stipulation for dismissal ddls termed, ; Dismsl papers
ddl 8/13/98 (cc: all counsel) (mrs) [Entry date 07/17/98]
8/26/98 51 ORDER by Honorable Catherine D.
Perry dismissing case
with prejudiceIT IS FURTHER ORDERED that the Court retains
jurisdiction for sicty(60) days from the date of this order
to enforce the settlement (cc: all counsel) (mrs)
[Entry date 08/31/98]
9/2/98 52 PETITION FOR APPROVAL OF PROPOSED
SETTLEMENT by plaintiff
Billie Futrelle (mrs) [Entry date 09/03/98]
9/2/98 53 PETITION FOR APPROVAL OF
PROPOSED SETTLEMENT by plaintiff
William Andrew Futrelle (mrs) [Entry date 09/03/98]
9/4/98 54 ORDER APPROVING SETTLEMENT
by Honorable Catherine D.
Perry granting petition [53-1], granting petition [52-1]
(cc: all counsel) (mrs) [Entry date 09/09/98]
Case Flags:
TERMED
TRCK 3
8/10J
END OF DOCKET: 1:96cv153
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/03/2003 21:58:06 | |||
| PACER Login: | dg*** | Client Code: | |
| Description: | docket report | Search Criteria: | 1:96cv00153 |
| Billable Pages: | 8 | Cost: | 0.56 |