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Case TitleRACE, et al v. US Dept of Energy
DistrictSouthern District of Illinois
CityBenton
Case Number4:2001cv04049
Date Filed2001-02-16
Date Closed2002-07-10
JudgeJudge J. Phil Gilbert
PlaintiffRACE
PlaintiffMark Donham
PlaintiffKristi Hanson
DefendantUnited States Department of Energy
Documents
Docket
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Docket Events (Hide)
Date FiledDoc #Docket Text

2001-02-161COMPLAINT (Summons(es) issued) Filing fee pd $ 150.00 receipt # 400 56098 (msd) (Entered: 02/16/2001)
2001-02-162ATTORNEY APPEARANCE for plaintiff RACE, plaintiff Mark Donham, plaintiff Kristi Hanson by Edwin R. McCullough (msd) (Entered: 02/16/2001)
2001-02-161MOTION by plaintiff RACE, plaintiff Mark Donham, plaintiff Kristi Hanson for preliminary injunction and for permanent injunction (vlm) (Entered: 02/20/2001)
2001-04-033ATTORNEY APPEARANCE for defendant US Dept of Energy by William E. Coonan (jep) (Entered: 04/05/2001)
2001-04-104CJRA Track B assigned by Judge J. P. Gilbert; court trial set 9:00 AM, 3/25/02 before Judge J. P. Gilbert in the IL; selection date for final pretrial is 3/7/02, 9:30 AM (cc: all counsel) (krm) (Entered: 04/10/2001)
2001-04-105NOTICE of Telephone Sched/Disc Conf set 10:00 AM, 5/3/01 before Mag Judge Philip M. Frazier in the USDC/Benton, IL (cc: all counsel) (krm) (Entered: 04/10/2001)
2001-04-106ORDER REGARDING DISCOVERY by Mag Judge Philip M. Frazier (cc: all counsel) (krm) (Entered: 04/10/2001)
2001-04-307MOTION by defendant US Dept of Energy to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) w/prop order (jep) (Entered: 05/02/2001)
2001-05-02Magistrate identification: Mag/Judge Philip M. Frazier (jep) (Entered: 05/02/2001)
2001-05-028MINUTE ORDER (krm) by Mag Judge Philip M. Frazier ; Sched/disc conf set for 5/3/01 is canceled; counsel to submit joint report of parties and proposed scheduling and discovery order not later than 5/17/01; settlement conference waived in the case; brief ddl set 5/17/01 for submitting joint report of parties (cc: all counsel) (dka) (Entered: 05/02/2001)
2001-05-18JOINT REPORT of parties and proposed scheduling and discovery order by RACE, Mark Donham, Kristi Hanson, US Dept of Energy received and submitted to Mag Judge Philip M. Frazier (jep) (Entered: 05/18/2001)
2001-05-309ORDER by Judge J. P. Gilbert regarding motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1], parties to file a joint status report by 7/2/01 all counsel) (jep) (Entered: 05/30/2001)
2001-06-01Magistrate identification: Mag/Judge Philip M. Frazier (scj) (Entered: 06/07/2001)
2001-06-1310SCHEDULING AND DISCOVERY ORDER by Mag Judge Philip M. Frazier; no discovery cutoff set; disp mtn filing ddl 10/22/01; final prtrl conf 9:30 AM on 3/7/02 in the USDC/Benton, IL; trial set 9:00 AM on 3/25/02 before Judge J. P. Gilbert in the USDC/Benton, IL (cc: all counsel) (jep) (Entered: 06/13/2001)
2001-07-0211STATUS REPORT by plaintiff RACE, plaintiff Mark Donham, plaintiff Kristi Hanson (dka) (Entered: 07/02/2001)
2001-07-02RETURN OF SERVICE executed upon defendant US Dept of Energy via certified mail received on 2/28/01 by US Dept of Justice, Washington, DC and via certified mail received on 3/1/01 by US Attorney Office (dka) (Entered: 07/02/2001)
2001-10-0112MOTION plaintiff Mark Donham by Edwin R. McCullough to withdraw as attorney for Mark Donham (jep) Modified on 10/26/2001 (Entered: 10/01/2001)
2001-10-1013ORDER by Judge J. P. Gilbert granting motion by Edwin R. McCullough to withdraw as attorney [12-1] for Mark Donham (cc: all counsel) (dka) (Entered: 10/10/2001)
2001-10-1814AGREED MOTION by plaintiff RACE, plaintiff Mark Donham, plaintiff Kristi Hanson, defendant US Dept of Energy to extend briefing schedule as to "Open America Motion" and other dispositive motions to 11/9/01 with proposed order (vlm) (Entered: 10/18/2001)
2001-10-1915ORDER by Judge J. P. Gilbert granting motion to extend briefing schedule as to "Open America Motion" and other dispositive motions to 11/9/01 [14-1] ;dispositive mtn ddl reset to 11/9/01 (cc: all counsel) (jep) (Entered: 10/22/2001)
2001-10-2516NOTICE by plaintiff Mark Donham of his intent to proceed pro se (jep) (Entered: 10/26/2001)
2001-10-2517MOTION by plaintiff Mark Donham to extend time to respond to motion for stay and to file dispositve motions w/prop order (jep) (Entered: 10/26/2001)
2001-11-0118ORDER by Judge J. P. Gilbert granting motion to extend time to respond to motion for stay and to file dispositve motions [17-1] (cc: all counsel) (jep) (Entered: 11/01/2001)
2001-11-0919MOTION by plaintiff Mark Donham for summary judgment received on 11/9/01 w/prop order (dka) (Entered: 11/13/2001)
2001-11-0920RESPONSE by plaintiff Mark Donham to motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1] & MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (dka) (Entered: 11/13/2001)
2001-11-0920MEMORANDUM by plaintiff Mark Donham in support of motion for summary judgment received on 11/9/01 [19-1]; & RESPONSE TO DEFENDANT'S MOTION FOR STAY (dka) (Entered: 11/13/2001)
2001-11-1321BRIEF IN OPPOSITION (RESPONSE) by plaintiff RACE, plaintiff Kristi Hanson to motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1] (dka) (Entered: 11/14/2001)
2001-11-1322Notice of Motion by plaintiff RACE, plaintiff Kristi Hanson that a Motion for summary judgment has been served upon opposing counsel (dka) (Entered: 11/14/2001)
2001-11-1323MOTION by plaintiff RACE, plaintiff Kristi Hanson to enlarge fling schedule for summary judgment motion and motion packet to and including 12/10/01 w/prop order (dka) (Entered: 11/14/2001)
2001-11-1324MOTION by plaintiff RACE, plaintiff Kristi Hanson for leave to file brief in excess of 10 pages w/prop order, no prop brief (dka) (Entered: 11/14/2001)
2001-11-1329MOTION by plaintiff RACE, plaintiff Kristi Hanson for summary judgment received on 1/7/02 (jep) (Entered: 01/09/2002)
2001-11-1330MEMORANDUM by plaintiff RACE, plaintiff Kristi Hanson in support of motion for summary judgment received on 1/7/02 [29-1] (jep) (Entered: 01/09/2002)
2001-11-1328Motion Packet Form by plaintiff RACE, plaintiff Kristi Hanson, defendant US Dept of Energy in re motion for Summary Judgment (jep) (Entered: 01/09/2002)
2001-11-1331RESPONSE by defendant US Dept of Energy to motion for summary judgment received on 1/7/02 [29-1], motion for summary judgment received on 11/9/01 [19-1] (jep) Modified on 01/09/2002 (Entered: 01/09/2002)
2001-11-1331REPLY by defendant US Dept of Energy to response to motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1] (jep) Modified on 01/09/2002 (Entered: 01/09/2002)
2001-11-1332MOTION by plaintiff RACE, plaintiff Kristi Hanson to strike Exhibit 1 of defendant's response to motion for summary judgment (jep) Modified on 01/09/2002 (Entered: 01/09/2002)
2001-11-1333MOTION by plaintiff RACE, plaintiff Kristi Hanson to strike statements in defendant's response to Plaintiff Race and Hanson's Points (jep) (Entered: 01/09/2002)
2001-11-3025MOTION by defendant US Dept of Energy to extend time to 12/14/01 to respond to motions w/prop order (jep) (Entered: 12/04/2001)
2001-12-1026ORDER by Judge J. P. Gilbert granting motion for leave to file brief in excess of 10 pages [24-1]; the Court will accept the brief already filed [21-1]; granting motion to extend time to 12/14/01 to respond to motions [25-1] motion for summary judgment [19-1] resp due 12/28/01; granting motion to enlarge fling schedule for summary judgment motion and motion packet to and including 1/3/02 [23-1] (cc: all counsel) (jep) (Entered: 12/10/2001)
2001-12-2827RESPONSE by defendant US Dept of Energy to motion for summary judgment received on 11/9/01 [19-1], and reply to response to motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1] (jep) (Entered: 01/02/2002)
2002-01-1634RESPONSE by plaintiff Mark Donham to motion to strike statements in defendant's response to Plaintiff Race and Hanson's Points [33-1] (jep) (Entered: 01/16/2002)
2002-02-0535ORDER by Judge J. P. Gilbert denying motion to stay proceedings under 5:552(a)(6)(C) (Supp. 1998) [7-1] finding the motion to strike Exhibit 1 of defendant's response to motion for summary judgment [32-1] moot; denying motion to strike statements in defendant's response to Plaintiff Race and Hanson's Points [33-1]; granting plaintiffs' motion for summary judgment [19-1]; granting plaintiffs' motion for summary judgment [29-1]; granting plaintiffs' complaint for injunctive relief [1-1]; defendant to complete Freedom of Information request by 3/11/02; plaintiff to have 15 days to make any objections (cc: all counsel) (jep) (Entered: 02/06/2002)
2002-02-2736ORDER (NGJ/kjr) by Judge J. P. Gilbert that matter is stricken from final pre-trial setting of 3/7/02 and trial setting of 3/25/02 and reset for status conf at 9:30 AM on 4/25/02 before Judge J. P. Gilbert in the USDC/Benton, IL (cc: all counsel) (dka) (Entered: 02/27/2002)
2002-03-1137RESPONSE by defendant US Dept of Energy to Order [35-2] (jep) (Entered: 03/13/2002)
2002-03-1238NOTICE by defendant US Dept of Energy of filing original declaration (jep) (Entered: 03/14/2002)
2002-03-2539AGREED MOTION by plaintiff RACE, plaintiff Kristi Hanson to extend schedule for filing objections to proposed schedule to and including 4/15/02 w/prop order (dka) (Entered: 03/26/2002)
2002-04-0440ORDER by Judge J. P. Gilbert granting motion to extend schedule for filing objections to proposed schedule to and including 4/15/02 [39-1] re [35-2] (cc: all counsel) (jep) (Entered: 04/04/2002)
2002-04-1241OBJECTIONS to the proposed schedule of defendant US Department of Energy by plaintiff RACE (dka) (Entered: 04/12/2002)
2002-04-1242MINUTE ORDER by Judge J. P. Gilbert that status conf reset for 8:30 AM 4/18/02 before Judge J. P. Gilbert in the USDC/Benton, IL ; counsel for plaintiff to place call (cc: all counsel) (msd) (Entered: 04/15/2002)
2002-04-1843Minute Order Minutes (kjr) of hearing on telephone status conference before Judge J. P. Gilbert ; Status conference held 4/18/02; Mr. McCullough makes oral motion to withdraw as counsel for Kristi Hanson but would remain as counsel for RACE, written motion will be filed; Court will not grant motion until someone else enters their appearance; parties advise they are close to consent decree; parties agree everyone should be able to comply with scheduling dates; Court gives parties 30 days to agree upon consent decree and if they cannot the Court will impose its own; brief ddl set 5/17/02 for parties to file consent decree ( C/R: N/A) (cc: all counsel) (dka) (Entered: 04/23/2002)
2002-05-1645RESPONSE by plaintiff Mark Donham to motion for entry of decree [44-1] (jep) (Entered: 05/21/2002)
2002-05-2044MOTION by plaintiff RACE, plaintiff Kristi Hanson for entry of decree w/prop decree (jep) (Entered: 05/21/2002)
2002-05-2046RESPONSE by defendant US Dept of Energy to motion for entry of decree [44-1] (jep) (Entered: 05/22/2002)
2002-05-2447REPLY by plaintiff RACE, plaintiff Kristi Hanson to response to motion for entry of decree [44-1] (jep) (Entered: 05/24/2002)
2002-05-2848NOTICE of hearing ;In Person status conf set at 1:30 pm on 6/4/02 before Judge J. P. Gilbert in the USDC/Benton, IL (cc: all counsel) (kjr) (Entered: 05/28/2002)
2002-06-0449MOTION by plaintiff Kristi Hanson by Edwin R. McCullough to withdraw as attorney (jep) (Entered: 06/06/2002)
2002-06-0450MINUTES (NGJ/kjr) of status hearing before Judge J. P. Gilbert: granting motion by Edwin R. McCullough to withdraw as attorney [49-1] for Kristi Hanson, and after much discussion also allows attorney Edwin R. McCullough to withdraw for RACE ; brief ddl set 8/5/02 for RACE to have new counsel to enter appearance or be dismissed from case ; Miss Hanson will represnt herself in this matter; Court adopts new consent decree agreed to by parties, Mr. Coonan to prepare order and consent decree and submit to the Court within two weeks ( C/R: Jane McCorkle) (jep) Modified on 06/06/2002 (Entered: 06/06/2002)
2002-06-2651ANSWER by defendant US Dept of Energy to [1-1] w/affirmative defenses (jep) (Entered: 06/27/2002)
2002-07-0252NOTICE by plaintiff Mark Donham, plaintiff Kristi Hanson, defendant US Dept of Energy of filing proposed consent decree w/prop decree (jep) (Entered: 07/08/2002)
2002-07-1053CONSENT DECREE by Judge J. P. Gilbert (cc: all counsel) (jep) (Entered: 07/10/2002)
2002-07-1054ORDER OF DISMISSAL by Judge J. P. Gilbert re [53-1] without prejudice, without costs, and with right to reopen if necessary to enforce the conditions of the consent decree; terminating case (cc: all counsel) (jep) (Entered: 07/10/2002)
2002-07-11VOLUME NUMBER 3 created, beginning with document number 55. (jep) (Entered: 10/30/2002)
2002-08-05TRANSCRIPT of Excerpt from Status Conference held 6/4/02; 1 volume; Court Reporter: Jane McCorkle (jep) (Entered: 08/05/2002)
2002-10-1555MOTION by plaintiffs' counsel Edwin R. McCullough for attorney fees and costs in the amount of $65,524.56 (jep) (Entered: 10/15/2002)
2002-10-1857RESPONSE by defendant US Dept of Energy to motion of Edwin McCullough's for attorney fees and costs in the amount of $65,524.56 [55-1] (scj) (Entered: 10/24/2002)
2002-10-2156RESPONSE by plaintiff Mark Donham to motion for attorney fees and costs in the amount of $65,524.56 [55-1] (jep) (Entered: 10/21/2002)
2002-10-24DOCUMENT NUMBER 57, Defendant's Response to Motion to Attorney's Fees and Costs, SENT to Benton (scj) (Entered: 10/24/2002)
2002-10-2858NOTICE of change of address by attorney Edwin McCullough (jep) (Entered: 10/28/2002)
2002-10-3059ATTORNEY SUBSTITUTION: terminating attorney William E. Coonan for US Dept of Energy and substituting attorney J. Christopher Moore (jep) (Entered: 11/01/2002)
2002-11-0760MOTION by attorney Edwin McCullough to extend schedule for filing reply to response to the fee petition w/prop order and prop reply (jep) (Entered: 11/08/2002)
2002-11-1261ORDER by Judge J. P. Gilbert granting motion to extend schedule for filing reply to response to the fee petition [60-1] (cc: all counsel) (jep) (Entered: 11/12/2002)
2002-11-1262REPLY to response to motion for attorney fees and costs in the amount of $65,524.56 [55-1] (jep) (Entered: 11/12/2002)
2003-01-2363ORDER by Judge J. P. Gilbert taking under advisement on 1/23/03 the motion for attorney fees and costs in the amount of $65,524.56 [55-1] vacating part of 7/10/02 order [54-2] only to the extent that the order precludes an award of costs; plaintiffs (but not Mr. McCullough) may file and serve a bill of costs within 10 days and defendant may file objections; defendant may file and serve a supplement to its brief in response to Mr. mcCullough's fee petition by 2/11/03, and Mr. McCullough may reply within 5 days; brief ddl set 2/11/03 (cc: all counsel) (jep) (Entered: 01/23/2003)
2003-02-1164SUPPLEMENTAL RESPONSE by defendant US Dept of Energy to motion for attorney fees and costs in the amount of $65,524.56 [55-1] (jep) (Entered: 02/13/2003)
2003-02-1965REPLY by Edwin R. McCullough to supplemental response [64-1], to petition for award of attorneys fees and costs [55-1] (jep) (Entered: 02/20/2003)
2003-07-0266ORDER by Judge J. P. Gilbert granting in part Attorney McCullough's motion for attorney fees and costs; $23,300.00 is awarded in fees and $781.07 is awarded in costs, this amount is to be assessed against the United States [55-1] (cc: all counsel) (jep) (Entered: 07/02/2003)
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