Docket as of September 30, 2003 8:22 pm Web PACER (v2.4)
U.S. District Court
MIDDLE DISTRICT OF TENNESSEE (Northeastern)
CIVIL DOCKET FOR CASE #: 01-CV-21
Gamble, et al v. Cookeville City of
Filed: 04/05/01
Assigned to: Magistrate Judge E. Clifton Kno ury demand: Both
Demand: $0,000
Nature of Suit: 440
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 42:1983 Civil Rights Act
LINDA GAMBLE, on behalf of Jerry Lee Burgess
herself and all others [COR LD NTC]
similarly situated Law Offices of the Upper
pltf Cumberland
One South Jefferson Avenue
Suite 1
Cookeville, TN 38501
(931) 528-5388
Samuel J. Harris
[COR LD NTC]
Harris Law Firm
P O Box 873
Cookeville, TN 38503
(931) 372-7227
John W. Allen
[COR LD NTC]
One South Jefferson Avenue
Suite 1
Cookeville, TN 38501
(931) 525-6368
RUBY COPELAND, on behalf of Jerry Lee Burgess
herself and all others (See above)
similarly situated [COR LD NTC]
pltf
Samuel J. Harris
(See above)
[COR LD NTC]
John W. Allen
(See above)
[COR LD NTC]
ROGER COPELAND, on behalf of Jerry Lee Burgess
himself and all others (See above)
similarly situated [COR LD NTC]
pltf
Samuel J. Harris
(See above)
[COR LD NTC]
John W. Allen
(See above)
[COR LD NTC]
v.
CITY OF COOKEVILLE, TENNESSEE Daniel Hurley Rader, III
deft [COR LD NTC]
Lane Moore
[COR]
Moore, Rader, Clift &
Fitzpatrick, P.C.
P O Box 3347
Cookeville, TN 38502
(931) 526-3311
Thomas Michael O'Mara
[COR LD NTC]
O'Mara & Johnson, PLLC
317 W Spring Street
Cookeville, TN 38501
(931) 526-8812
DOCKET PROCEEDINGS
DATE # DOCKET ENTRY
4/5/01 1 COMPLAINT (Summons(es) issued) Filing fee paid in the
amount of : $150.00 Receipt # 79132 (w/att'd exhibits A-C)
(vm) [Entry date 04/06/01] [Edit date 04/06/01]
4/5/01 2 NOTICE of Initial Case Management Conference; Case
Management Conference set for 10:00 a.m. on 6/14/01; Case
referred to Magistrate Judge E. C. Knowles (vm)
[Entry date 04/06/01]
4/5/01 3 MOTION by pltfs for temporary restraining order and for
preliminary injunction (vm) [Entry date 04/06/01]
4/5/01 4 MEMORANDUM of Law by pltfs in support of motion for
temporary restraining order [3-1], motion for preliminary
injunction [3-2] (w/attachments) (vm) [Entry date 04/06/01]
4/5/01 5 AFFIDAVIT of Linda Gamble re [3-1], re [3-2] (vm)
[Entry date 04/06/01]
4/5/01 6 AFFIDAVIT of Ruby Copeland re [3-1], re [3-2] (vm)
[Entry date 04/06/01]
4/5/01 7 CLERK'S RESUME; TRO held on 4/5/01; hrg set for 4/16/01 at
10:00 a.m.; the Court made preliminary findings of TRO; the
Court finds that pltfs' have presented a verified complaint
and were not given adequate notice; the Court finds that
the case is brought on behalf of a class and the City of
Cookeville does not have procedures in place to give notice
to pltfs whose rates may have been affected; orange tag
notice is insufficient to give adequate notice; TRO bond is
set at $1,000.00 to be paid by 4/6/01 C/R : Peggy Turner (vm)
[Entry date 04/06/01]
4/5/01 8 TEMPORARY RESTRAINING ORDER by Judge William J. Haynes Jr.:
the deft, its officers, agents, employees, and all those
persons in active concert or participation with it, are
hereby temporarily restrained (see order for complete
details) during the pendancy of this action or until further
order of the Court; a hearing on this matter on the question
of whether the Temporary Restraining Order [3-1] shall be
converted to a preliminary hearing is set for 10:00 a.m. on
4/16/01; the requirement to post bond as security is
herewith required and that the pltfs are to be required to
post bond of $1,000.00 by close of business on 4/6/01 (cc:
all counsel, financial) 4/6/01 (vm) [Entry date 04/06/01]
[Edit date 04/06/01]
4/5/01 9 RETURN OF SERVICE upon deft Jim Shipley, City Manager on
4/5/01 by personal service (vm) [Entry date 04/06/01]
4/6/01 -- BOND on Temporary Restraining Order (Proposed) (vm)
4/11/01 10 RETURN OF SERVICE by pltfs of subpoena, issued to Donna
Dennis, on 4/9/01 by personal service (vm)
[Entry date 04/12/01]
4/12/01 11 RESPONSE by deft Cookeville City of to motion for temporary
restraining order [3-1] and to motion for preliminary
injunction [3-2] (vm)
4/13/01 -- PROPOSED Bond on Temporary Restraining Order (w/attachment)
(vm) [Entry date 04/16/01]
4/13/01 12 MEMORANDUM OF LAW by pltfs in support of motion for
preliminary injunction [3-2] (w/att'd exhibit A) (vm)
[Entry date 04/16/01]
4/16/01 13 BRIEF in opposition by deft Cookeville City of to [3-1]
(w/attachments) (vm)
4/16/01 14 RESPONSE (supplemental) by deft Cookeville City of to
motion for preliminary injunction [3-2] (vm)
4/16/01 15 MOTION by deft Cookeville City of for judicially-conducted
settlement conference (vm)
4/16/01 16 CLERK'S RESUME; preliminary hearing held 4/16/01; parties
are ordered to meet and confer on the City of Cookeville's
new policy as to terminating individuals' electricity;
parties order to submit Agreed Order stating that the deft
City of Cookeville is enjoined from terminating services
except in conformity w/the new policies & procedures that
have been agreed upon by all parties; witness/exhibit list
attached C/R : Peggy Turner (vm) [Entry date 04/17/01]
[Edit date 04/17/01]
4/18/01 -- PROPOSED Order re: temporary restraining order previously
issued be dissolved and a preliminary injunction be issued.
(dlt)
4/18/01 17 ORDER by Judge William J. Haynes Jr.: TRO previously issued
is dissolved and a preliminary injunction [3-2] is issued
prohibiting the City of Cookeville from terminating
electric service of any utility customer except in
compliance w/ the policy attached hereto. EOD 4/19/01 (cc:
all counsel) (dlt) [Entry date 04/19/01]
4/19/01 18 MOTION by pltfs for extension of time until 8/27/01 w/in
which to file mtn for class certification. (dlt)
[Entry date 04/20/01]
4/23/01 19 ORDER by Judge William J. Haynes Jr. granting motion for
extension of time until 8/27/01 w/in which to file mtn for
class certification [18-1]. EOD 4/24/01 (cc: all counsel)
(gi) [Entry date 04/24/01]
4/25/01 20 RESPONSE by deft Cookeville City of to [18-1] (dlt)
[Entry date 04/26/01]
4/26/01 21 TRANSCRIPT filed of proceedings on 4/5/01 at 2:00 before
Judge Haynes. C/R: Peggy Turner (dlt) [Entry date 04/27/01]
[Edit date 04/27/01]
4/30/01 22 MAIL Returned [19-1] addressed to Jerry Lee Burgess
attorney for pltfs; envelope marked not deliverable as
addressed return to sender. (dlt) [Entry date 05/01/01]
5/2/01 23 ORDER by Magistrate Judge E. C. Knowles: Case Management
Conference reset for 11:00 a.m. on 7/2/01. EOD 5/2/01 (cc:
all counsel) (dlt)
5/11/01 24 ORDER by Judge William J. Haynes Jr. granting motion for
judicially-conducted settlement conference [15-1]; the
settlement conference will before Magistrate Judge E.C.
Knowles at a time and date set by him (cc: all counsel) EOD
5/14/01 (vm) [Entry date 05/14/01]
6/1/01 25 MOTION by deft Cookeville City of to stay discovery until
the judically-conducted settlement conference is held
(w/attachment) (vm) [Entry date 06/04/01]
[Edit date 06/04/01]
6/4/01 26 ORDER by Judge William J. Haynes Jr. granting motion to
stay discovery until the judically-conducted settlement
conference is held [25-1] (cc: all counsel) EOD 6/5/01 (vm)
[Entry date 06/05/01]
6/6/01 27 TRANSCRIPT filed of proceedings held on 4/16/01 before
Judge William J. Haynes, Jr. CR: Peggy Turner (vm)
[Entry date 06/07/01]
6/11/01 28 ANSWER by deft Cookeville City of to [1-1]; jury demand
(w/attachment) (vm)
7/2/01 29 CLERK'S RESUME: Initial Case Management Conference held
7/2/01; Proposed Case Management Order submitted by pltf.
CMO will not be entered at this time. Settlement Conference
will be held on 8/21/01 at 9:30 a.m. C/R : Taped 2001-52 MK
(vm) [Entry date 07/03/01]
7/10/01 30 ORDER by Magistrate Judge E. C. Knowles: Settlement
Conference set for 9:30 a.m. on 8/21/01; by 12:00 p.m. on
8/17/01, pltf and deft shall deliver under seal, directly
to Ms. Marcia Knoch, Courtroom Deputy to Magistrate Judge
Knowles, ex parte, separate settlement conference
statements which shal specify their respective settlement
positions. (cc: all counsel) EOD 7/10/01 (vm)
7/16/01 31 MAIL Returned [30-1], [30-2] addressed to pltfs' attorney,
Jerry Lee Burgess; envelope marked "not deliverable as
addressed unable to forward"; resending to One South
Jefferson Ave, Ste 1, Cookeville, TN 38501 (vm)
[Entry date 07/17/01] [Edit date 07/17/01]
7/18/01 32 MAIL Returned [30-1], [30-2] addressed to pltf's attorney,
John W. Allen; envelope marked "not deliverable as
addressed"; resending to 325 E. 7th Street, Apt. 9,
Cookeville, TN 38501 (new address given to af for update)
(vm) [Entry date 07/19/01]
7/25/01 33 MAIL Returned [30-1], [30-2] addressed to plts' atty, John
W. Allen; envelope marked "not deliverable as addressed,
unable to forward"; resending to One S. Jefferson Avenue,
Cookeville, TN 38501 (vm) [Edit date 07/25/01]
8/6/01 -- PROPOSED Agreed Order to suspend time for determination of
class certification pending the settlement conference set
for 8/21/01 (vm)
8/6/01 34 AGREED ORDER by Judge William J. Haynes Jr.: the time
limits for filing a class certification motion is suspended
pending the outcome of the settlement conference. The Court
shall set a new time limit at a later date should the
settlement conference not resolve the issue of this case.
(cc: all counsel) EOD 8/7/01 (vm) [Entry date 08/07/01]
8/21/01 35 CLERK'S RESUME: Settlement conference held 8/21/01. The
parties are close to a settlement agreement. Telephone
conference set for 8/24/01 at 1:30 p.m. (vm)
[Entry date 08/22/01]
1/10/02 36 ORDER by Magistrate Judge E. C. Knowles: Settlement
conference set for 9:30 a.m. on 2/12/02. By noon on
2/8/02, pltf and deft shall deliver under seal, ex parte,
separate status reports which set forth the unresolved
issues and the parties respective positions on these
issues. EOD 1/11/02 (cc: all counsel) (dlt)
[Entry date 01/11/02]
2/12/02 37 CLERK'S RESUME: Second settlement conference held 2/12/02;
the parties were unable to reach a settlement in this
action; CMC will be set. (vm) [Entry date 02/13/02]
2/12/02 38 ORDER by Magistrate Judge E. C. Knowles: Case Management
Conference is set for 11:00 a.m. on 3/4/02, to establish
ddls for the progression of this case. Prior to the
hearing, counsel for the parties are directed to confer on
a proposed case managemnt order, which shall be submitted
prior to the case management conference. (cc: all counsel)
EOD 2/13/02 (vm) [Entry date 02/13/02]
2/19/02 39 MOTION by deft City of Cookeville to dissolve preliminary
injunction in this case (mk) [Entry date 02/20/02]
2/19/02 40 MEMORANDUM by deft City of Cookeville in support of mtn to
dissolve preliminary injunction [39-1] with attached Exhs
A-B (mk) [Entry date 02/20/02]
2/19/02 41 AFFIDAVIT of Jim Shipley re [39-1] w/ attached Exhs A-B (mk)
[Entry date 02/20/02]
3/1/02 42 CLERK'S RESUME: Case Management Conference held 3/1/02;
Proposed Case Management Order submitted; hearing continued
and reset for 4/3/02 at 3:00 p.m.; parties to attempt to
resolve certain issues discussed at the hearing and submit
proposed agreed order(s); if the parties can agree upon
issues discussed, and can agree upon a proposed case
management order, they will not be required to attend a
hearing on 4/3/02; parties are still attempting to settle.
C/R : Tape No.: 2002-11 MK (vm)
3/4/02 43 ORDER by Magistrate Judge E. C. Knowles: the parties
appeared for a Case Management Conference on 3/1/02. After
discussion at the hearing, the Court and the parties agreed
that the hearing should be continued for 30 days to allow
the parties to discuss and attempt to resolve certain
issues related to class certification. Case Management
Conference is reset for 3:00 p.m. on 4/3/02. (cc: all
counsel) EOD 3/5/02 (vm) [Entry date 03/05/02]
3/6/02 -- PROPOSED Agreed Order to extend time until 3/18/02 for
pltfs' response to deft's mtn to dissolve preliminary
injunction (vm)
3/7/02 44 AGREED ORDER by Judge William J. Haynes Jr. pltfs shall
have until 3/18/02 to respond to deft's motion to dissolve
preliminary injunction in this case [39-1]. (cc: all
counsel) EOD 3/7/02 (vm)
3/15/02 -- PROPOSED Second Agreed Order to extend time for pltfs'
response to deft's motion to dissolve preliminary
injunction (vm)
3/18/02 45 SECOND AGREED ORDER by Judge William J. Haynes Jr.: pltfs
time to respond to deft's motion to dissolve preliminary
injunction in this case [39-1] is extended to 4/8/02. (cc:
all counsel) EOD 3/18/02 (vm)
4/3/02 46 CLERK'S RESUME: Case Management Conference held 4/3/02.
The parties have executed a consent to proceed before the
Magistrate Judge in this action. Proposed agreed order of
settlement submitted for Judge Knowles approval. Court will
consider order. C/R : Tape No.: 2002-26 MK (vm)
[Entry date 04/04/02]
4/3/02 47 CONSENT OF THE PARTIES to proceed before the Magistrate
Judge (vm) [Entry date 04/04/02]
4/8/02 48 NOTICE by pltfs of filing memerandum of law on the agreed
order proposing class certification and settlement (proposed
order submitted during CMC) (vm) [Entry date 04/09/02]
[Edit date 04/09/02]
4/19/02 49 ORDER by Judge William J. Haynes Jr.: upon consent of
parties, this case transferred to Magistrate Judge E. C.
Knowles for final disposition. (cc: all counsel) EOD
4/22/02 (vm) [Entry date 04/22/02]
9/19/02 50 AGREED ORDER by Magistrate Judge E. C. Knowles: This case
is certified as a class action for the purposes of
declaratory and injunctive relief only by agreement between
the parties. Claims for damages by all class members, with
the exception of Linda Gamble, Roger Copeland and Ruby
Copeland, individually, and any class members who give the
Court ntc that they are opting out of the pltf class as
provided in the attached ntc of proposed settlement, are
dismissed with full prejudice, unless a prospective class
member petitions the Court for damages pursuant to the ntc
to be given. Pltfs Linda Gamble, Roger Copeland and Ruby
Copeland accept the offer of judgment proferred in this
case. Pltfs' attys fees will be set by the Court. The
preliminary injunction is dissolved effective upon the
entry of this order, and the City of Cookeville will
eliminate the hang tag ntc and the $10.00 fee associated
therewith immediately. EOD 9/20/02 (cc: all counsel) (gi)
[Entry date 09/20/02]
9/19/02 51 ORDER by Magistrate Judge E. C. Knowles: Mtn to dissolve
preliminary injunction in this case [39-1] is dismissed as
moot in view of order [50-1]. EOD 9/20/02 (cc: all counsel)
(gi) [Entry date 09/20/02]
10/10/02 -- PROPOSED Agreed Order setting fairness hearing for 12/18/02
at 10:00 a.m. (w/attachments) (vm) [Entry date 10/11/02]
10/17/02 52 AGREED ORDER by Magistrate Judge E. C. Knowles: The
fairness hearing is set for 10:00 a.m. on 12/18/02.
Attached to this order is the agreed notice form which will
be mailed to City of Cookeville customers re the class
actions settlement. (cc: all counsel) EOD 10/18/02 (vm)
[Entry date 10/18/02]
12/18/02 53 CLERK'S RESUME: Fairness hearing/settlement held 12/18/02.
Court finds the settlement is fair and will accept the
proposed class action settlement. Order to enter. C/R :
Tape No.: 2002-86 MK (vm) [Entry date 12/20/02]
1/17/03 54 MOTION by pltfs to approve class counsel attorney fees
pursuant to agreement (w/att'd exhibits A-C) (vm)
[Entry date 01/21/03]
1/17/03 55 AFFIDAVIT of Samuel J. Harris re [54-1] (w/attachments) (vm)
[Entry date 01/21/03]
1/17/03 56 AFFIDAVIT of John W. Allen re [54-1] (w/attachments) (vm)
[Entry date 01/21/03]
1/17/03 57 AFFIDAVIT of Jerry Burgess re [54-1] (w/attachments) (vm)
[Entry date 01/21/03]
1/30/03 -- PROPOSED Agreed Order allowing deft an additional 10 days
from the date the Court enters its order and memorandum
within which to respond to the petition for attorney's fees
filed by pltfs (vm)
2/13/03 58 RESPONSE by deft Cookeville City of to motion to approve
class counsel attorney fees pursuant to agreement [54-1] (vm)
2/14/03 59 AGREED ORDER by Magistrate Judge E. C. Knowles: The deft
should have an additional 10 days from the date the Court
enters its order and memorandum opinion in this matter
within which to respond to the petition for attorney's fees
filed by the pltfs [54-1]. (cc: all counsel) EOD 2/18/03 (vm)
[Entry date 02/18/03]
2/25/03 60 REPLY by pltfs to response to petition for attorney fees
[54-1] (vm) [Entry date 02/26/03] [Edit date 02/26/03]
2/25/03 61 EXHIBITS to pltfs' reply to response to petition for
attorney fees [60-1] (vm) [Entry date 02/26/03]
[Edit date 02/26/03]
2/25/03 62 MOTION by pltfs for oral argument on reply to petition for
attorney fees (vm) [Entry date 02/26/03]
3/10/03 63 REPLY by pltfs in support of motion to approve class
counsel attorney fees pursuant to agreement [54-1] (w/att'd
exhibits 1-5) (vm) [Entry date 03/11/03]
3/18/03 64 AMENDED RESPONSE by deft Cookeville City of to petition for
attorney fees [54-1] (vm) [Entry date 03/19/03]
4/11/03 65 MOTION by pltfs for Rule 11 sanctions and Memorandum in
support thereof (vm) [Entry date 04/14/03]
4/30/03 66 REPLY by deft Cookeville City of to motion for Rule 11
sanctions [65-1] (km)
5/13/03 67 ORDER by Magistrate Judge E. C. Knowles: For the reasons
set forth on the record at the fairness hearing, the Court
concludes that the settlement is fair, adequate and
reasonable and the Court approves the settlement reached by
the parties in this case. A separate order will be entered
concerning the motion of class counsel for an award of
attorneys' fees and expenses. (cc: all counsel) EOD 5/13/03
(vm)
5/14/03 68 ORDER by Magistrate Judge E. C. Knowles: A hearing on
pltfs' motion to approve class counsel attorney fees
pursuant to agreement [54-1] is set for 10:00 a.m. on
5/28/03. (cc: all counsel) EOD 5/14/03 (vm)
5/28/03 69 CLERK'S RESUME: Oral agrument held 5/28/03 on pltfs' motion
to approve class counsel attorney fees pursuant to
agreement [54-1]. Under advisement-order will enter. C/R :
Tape No: 2003-30 MK; 2003-31 MK (vm)
9/30/03 70 MEMORANDUM OF THE COURT (cc: all counsel) EOD 9/30/03 (gi)
9/30/03 71 ORDER by Magistrate Judge E. C. Knowles granting motion
to approve class counsel attorney fees pursuant to
agreement [54-1] in accordance with the accompanying
memorandum. Pltfs are awarded attys' fees and expenses in
the amount of $69,467.50. EOD 9/30/03 (cc: all counsel) (gi)
Case Flags:
TERMED
CONMAG
CM50BD
END OF DOCKET: 2:01cv21
