Case Details

CourtEastern District of Kentucky
Docket number3:06-cv-00034
Date case filed2006-06-01
Date case closed2007-12-12
Date of latest filing
Assigned toJudge Joseph M. Hood
Case cause42:1983 Civil Rights (Employment Discrimination)
Nature of suit442 Civil Rights: Jobs
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Michael Duncan
Party type: Plaintiff
Attorney name: Paul F. Fauri
Attorney Contact:
232 St. Clair
P.O. Box 1304
Frankfort, KY 40602
502-223-2338
Fax: 502-223-5676
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Phillip J. Shepherd
Attorney Contact:
307 W. Main Street
P.O. Box 782
Frankfort, KY 40602
502-227-1122
Fax: 502-227-0010
Email: [email protected]
TERMINATED: 12/08/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas E. Clay
Attorney Contact:
Clay, Frederick, Adams PLC
462 S. Fourth Street
101 Meidinger Tower
Louisville, KY 40202
502-561-2005
Fax: 502-589-5500
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: William Nighbert
Party type: Defendant
Individually
Attorney name: Donald M. Wakefield
Attorney Contact:
Bowles Rice, LLP - Lexington
333 W. Vine Street
Suite 1700
Lexington, KY 40507
859-252-2202
Fax: 859-259-2927
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Howard O. Mann
Attorney Contact:
104 N. Kentucky Avenue
P.O. Drawer 1344
Corbin, KY 40702
606-528-0616
Fax: 606-528-0709
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Spencer D. Noe
Attorney Contact:
Bowles Rice, LLP - Lexington
333 W. Vine Street
Suite 1700
Lexington, KY 40507
859-252-2202
Fax: 859-259-2927
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ernie Fletcher
Party type: Defendant
Individually
Attorney name: Christopher Wilson Brooker
Attorney Contact:
Wyatt, Tarrant & Combs, LLP - Louisville
500 W. Jefferson Street
PNC Plaza, Suite 2800
Louisville, KY 40202-2898
502-589-5235
Fax: 502-589-0309
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: M. Stephen Pitt
Attorney Contact:
Wyatt, Tarrant & Combs, LLP - Louisville
500 W. Jefferson Street
PNC Plaza, Suite 2800
Louisville, KY 40202-2898
502-562-7372
Fax: 502-589-0309
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Rania Marie Basha
Attorney Contact:
Wyatt, Tarrant & Combs, LLP - Louisville
500 W. Jefferson Street
PNC Plaza, Suite 2800
Louisville, KY 40202-2898
502-562-7254
Fax: 502-589-0309
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Jim Adams
Party type: Defendant
Individually
Attorney name: Mark D. Chandler
Attorney Contact:
Interchange Law Offices
600 W. Main Street
Suite 300
Louisville, KY 40202
502-589-6190
Fax: 502-584-1744
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Beth A. Bowell
Attorney Contact:
Walther, Roark & Gay, P.L.C.
163 E. Main Street
Suite 200
P.O. Box 1598
Lexington, KY 40588-1598
859-225-4714
Fax: 859-225-1493
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Commonwealth of Kentucky, Transportation Cabinet
Party type: Defendant
Attorney name: Jeffrey J. Chapuran
Attorney Contact:
Stoll Keenon Ogden, PLLC - Lexington
300 W. Vine Street
Suite 2100
Lexington, KY 40507
859-231-3000
Fax: 859-253-1093
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul Christopher Harnice
Attorney Contact:
Stoll Keenon Ogden - Frankfort
201 W Main St
Suite A
P.O. Box 5130
Frankfort, KY 40602
502-875-6220
Fax: 502-875-6235
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: William Nighbert
Party type: Official Defendant
In his Official Capacity as Secretary of Transportation
Attorney name: Donald M. Wakefield
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Howard O. Mann
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Spencer D. Noe
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ernie Fletcher
Party type: Official Defendant
In his Official Capacity as Governor of the Commonwealth of Kentucky
Attorney name: Christopher Wilson Brooker
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: M. Stephen Pitt
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Rania Marie Basha
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Jim Adams
Party type: Official Defendant
In his Official Capacity as Deputy Secretary of Transportation
Attorney name: Beth A. Bowell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert L. Roark
Attorney Contact:
Walther, Roark & Gay, P.L.C.
163 E. Main Street
Suite 200
P.O. Box 1598
Lexington, KY 40588-1598
859-225-4714
Fax: 859-225-1493
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kentucky Unemployment Commission
Party type: Movant
Commonwealth of Kentucky, Education Cabinet, Unemployment Insurance Commission
TERMINATED: 11/01/2006
Attorney name: Amy O'Nan Peabody
Attorney Contact:
Office of Legal Services-Education Cabinet
500 Mero Street
Suite 313
Frankfort, KY 40601
502-564-4813
Fax: 502-564-9321
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12006-06-01 NOTICE OF REMOVAL from Franklin Circuit Court, case number 06-ci-00639. ( Filing fee $350; receipt number 124602), filed by Jim Adams, Commonwealth of Kentucky, Transportation Cabinet, William Nighbert, Ernie Fletcher. (Attachments: # 1 Civil Cover Sheet, Case Assignment Sheet and Receipt# 2 State Court Record - Complaint# 3 State Court Record - 1st Amended Complaint# 4 State Court Record - Summons)(AKR) (Entered: 06/01/2006)
22006-06-08 ANSWER to Complaint (Notice of Removal) with JURY DEMAND by Commonwealth of Kentucky, Transportation Cabinet.(CBD) (Entered: 06/08/2006)
32006-06-09 ANSWER to Complaint by William Nighbert, William Nighbert.(Noe, Spencer) (Entered: 06/09/2006)
42006-06-09 ANSWER to Complaint by Ernie Fletcher, Ernie Fletcher.(Brooker, Christopher) (Entered: 06/09/2006)
52006-06-09 ANSWER to First Amended Complaint with JURY DEMAND by Jim Adams, Individually, Jim Adams, Official Dft.(AKR) (Entered: 06/09/2006)
62006-06-20 AMENDED ANSWER with JURY DEMAND to First Amended Complaint by Ernie Fletcher, Ernie Fletcher. (Brooker, Christopher) Modified text by adding "JURY DEMAND" and First Amended Complaint on 6/21/2006 (Ratliff, Kay). (Entered: 06/20/2006)
72006-07-07 ORDER FOR MEETING AND REPORT: 1) w/in 21 days parties hold Rule 26 Meeting 2) w/in 10 days after meeting parties file Joint Status Report (Rpt due by 8/6/2006). Signed by Judge Karen K. Caldwell (CBD)cc: COR Additional attachment(s) added on 7/10/2006 (Dearborn, Christy). (Entered: 07/07/2006)
82006-07-10 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk re 7 Order For Meeting and Report; Correct document attached to this entry. (cc: COR) (CBD) (Entered: 07/10/2006)
92006-07-10 REPORT of Rule 26(f) Planning Meeting. (CBD) (Entered: 07/10/2006)
102006-07-11 SCHEDULING ORDER:1) following ddls shall be observed: (a) parties exchange Rule 26(a)(1) info by 7/26/2006 (b) pltf has to 12/18/2006 to Join Additional Parties or amend pldgs (c) Rule 26(e) disclosures due 1/19/2007 (d) Suppl. of dsiclosures due 4/2/2007 (e) reports from experts due from pltf 2/15/2007 and dft 2/28/2007 (f) Discovery due by 4/27/2007 (g) Dispositive Motions due by 5/14/2007 2) no motions to compel or other motions re discovery disputes shall be filed unless all have conferred as directed by FRCP 37(a)(2)(A) 3) Final Pretrial Conference set for 9/6/2007 10:00 AM in Frankfort before Karen K. Caldwell. 4) Jury Trial set for 10/15/2007 09:00 AM in Frankfort before Karen K. Caldwell. 5) parties shall observe directives re filing of discovery materials 6) no extensions of ddls in this order shall be granted unless appropriate motion filed 7) IT IS FURTHER ORDERED matter referred to Magistrate Judge Wehrman for (i) telephonic conference re progress of discovery and feasibility of all ddls (ii) settlement conference (iii) preliminary pretrial conference. A sep. order scheduling dates will issue from Magistrate Judge. Signed by Judge Karen K. Caldwell (CBD)cc: COR, Diary (Entered: 07/11/2006)
112006-07-11 ORDER: 10 days prior to Pretrial Conference, counsel shall file pretrial filings. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 07/11/2006)
122006-07-26 INITIAL DISCLOSURES Pursuant to Rule 16(a)(1) by Jim Adams, Jim Adams.(Bowell, Beth) (Entered: 07/26/2006)
132006-07-26 DISCLOSURES Rule 26(A) Disclosures by William Nighbert, William Nighbert.(Wakefield, Donald) (Entered: 07/26/2006)
142006-07-27 DISCLOSURES Rule 26(a) Disclosures by Defendant Transportation Cabinet by Commonwealth of Kentucky, Transportation Cabinet.(Harnice, Paul) (Entered: 07/27/2006)
152006-08-04 NOTICE to Take Deposition of Michael Duncan on September 15, 2006 at 1:30 p.m. by Jim Adams.(Bowell, Beth) (Entered: 08/04/2006)
162006-08-16 AMENDED NOTICE to Take Deposition of Michael Duncan on September 15, 2006 at 9:00 a.m. by Jim Adams.(Bowell, Beth) (Entered: 08/16/2006)
172006-08-23 NOTICE to Take Deposition of Custodian of Records or designated representative of the Kentucky Division of Unemployment Insurance on September 5, 2006 at 10:00 a.m. by Jim Adams.(Bowell, Beth) (Entered: 08/23/2006)
182006-08-29 OBJECTIONS pursuant to FRCP 45(c)(2)(B) to 17 Notice of Deposition filed by Kentucky Unemployment Commission. (Attachments: # 1 Exhibit A - Notice of Deposition and attached Subpoena)(CBD) (Entered: 08/29/2006)
192006-08-30 MOTION to Compel by Jim Adams Unemployment Insurance Division to comply with the Subpoena Duces Tecum and Notice of Deposition (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Proposed Order Granting Motion to Compel)(Bowell, Beth) Modified by adding language in italics on 8/31/2006 (Dearborn, Christy). (Entered: 08/30/2006)
202006-08-31 RESPONSE to Motion re 19 MOTION to Compel by Jim Adams filed by Kentucky Unemployment Commission. (CBD) (Entered: 08/31/2006)
212006-08-31 ORDER: Court will GRANT 18 Objections/Construed Motion to Quash in order to relieve Division of the 9/5/2006 ddl. Court may revise this Order after receiving any timely filed response to the Motion to Quash by Adams and after having opportunity to review this matter on the merits. At such time Court may permit Adams to re-notice the depo. from some time after 9/5/2006 . Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 08/31/2006)
222006-09-08 REPLY to Response to Motion re 19 MOTION to Compel by Jim Adams filed by Jim Adams. (Attachments: # 1 Exhibit A -- Plaintiff's Rule 26 Disclosures)(Bowell, Beth) (Entered: 09/08/2006)
232006-10-10 ORDER: This matter is before the Court on Dft, Jim Adams' Motion to Compel 19 which is contested by non-parties to this action 20 . This and all discovery matters are referred to U.S. Magistrate J. Gregory Wehrman. Signed by Judge Karen K. Caldwell. (AKR)cc: COR (Entered: 10/10/2006)
242006-11-01 MEMORANDUM ORDER: 1) dft's motion 19 to compel GRANTED, Commonwealth of KY, Education Cab., Div. of Unemployment Ins. are compelled to comply w/ the subpoena and produce requested info w/in 15 days of date of this order, subject to limitations expressed in paragraphs 2 & 3 of this Order 2) The subpoena and notice of depo shall be deemed limited in scope to records relating to pltf's employment w/ and dismissal from Transportation Cabinet. 3) The nonparty unemployment agencies may require dft to execute protective order limiting disclosure of the records to this litigation. If protective order deemed necessary, it shall be executed w/in 15 days of DOE this order. . Signed by Judge J. Gregory Wehrman. (CBD)cc: COR Modified text on 11/27/2006 (Dearborn, Christy). "The portion of the November 1 Memorandum Order which limited the scope of the subpoena to "records relating to plaintiff's employment with and dismissal from the Transportation Cabinet" is set aside and held for naught" per Order 28 (Entered: 11/01/2006)
252006-11-08 MOTION to Alter Judgment by Jim Adams , MOTION to Amend/Correct 24 Order, Terminate Motions,,,, by Jim Adams (Attachments: # 1 Memorandum in Support of Defendant, Jim Adams' Motion to Alter or Amend Judgment# 2 Proposed Order Granting Defendant, Jim Adams' Motion to Alter or Amend Judgment)(Bowell, Beth) (Entered: 11/08/2006)
262006-11-14 RESPONSE in Opposition re 25 MOTION to Alter Judgment by Jim Adams MOTION to Amend/Correct 24 Order by Jim Adams filed by Kentucky Unemployment Commission. (Peabody, Amy) Modified/Cleaned-up Text on 11/15/2006 (Dearborn, Christy). (Entered: 11/14/2006)
272006-11-16 REPLY to 26 Non-parties' Response in Opposition to Defendant's Motion 25 to Alter or Amend filed by Jim Adams. (Bowell, Beth) Modified text to create link to 25 Motion on 11/17/2006 (Dearborn, Christy). (Entered: 11/16/2006)
282006-11-27 MEMORANDUM ORDER: 1) dft's motion to alter or amend 25 is granted 2) Commonwealth of Kentucky, Education Cabinet, Division Unemployment Insurance are compelled to comply w/ the org. subpoena and to produce the requested info w/in 15 days of date of theis order. The portion of the November 1 Memorandum Order which limited the scope of the subpoena to "records relating to plaintiff's employment with and dismissal from the Transportation Cabinet" is set aside and held for naught 3) the nonparty unemplyment agencies may require dft to execute a protective order limiting disclosure of the records to this litigation. If a protective order is deemed necessary, it shall be executed w/in 10 days of date of this order so as to avoid further delay. Signed by Judge J. Gregory Wehrman. (CBD)cc: COR (Entered: 11/27/2006)
292006-12-05 MOTION to Substitute Attorney by Michael Duncan (Attachments: # 1 Proposed Order)(Clay, Thomas) (Entered: 12/05/2006)
302006-12-08 ORDER: name of Thomas E. Clay be substituted for Phillip J. Shepherd, as co-counsel of record for Pltf, Michael Duncan. Signed by Judge J. Gregory Wehrman. (granting 29 MOTION to Substitute Attorney)(CBD)cc: COR (Entered: 12/08/2006)
312007-02-09 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher (Attachments: # 1 Memorandum in Support # 2 Exhibit A - Cited Pages of 09/15/06 Deposition of Plaintiff Michael Duncan (and related deposition exhibits)# 3 Exhibit B - Notice of Determination of Division of Unemployment Insurance (and Authenticating Affidavit)# 4 Exhibit C - Transcript of Kentucky Personnel Board Evidentiary Hearing Held on December 13, 2006# 5 Exhibit D - Transcript of 08/31/05 Interview of Governor Fletcher on "The Dave Baker Show"# 6 Exhibit E - Copy of Miracle v. Gable, 452 S.W.2d 399 (Ky. 1970)# 7 Proposed Order)(Pitt, M.) Additional attachment(s) added on 2/12/2007 (Dearborn, Christy). (Entered: 02/09/2007)
322007-02-09 MOTION to Stay re 10 Scheduling Order,,,, by Ernie Fletcher, Ernie Fletcher (Motion to Temporarily Stay Discovery) (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Pitt, M.) (Entered: 02/09/2007)
332007-02-12 OPINION & ORDER: Governor's Motion 32 to Temporarily Stay Discovery, including Governor's Deposition which is notice by the pltf for 2/20/2007, is GRANTED and all discovery in this action is STAYED until such time as the Governor's pending Motion for Summary Judgment is resolved. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 02/12/2007)
342007-02-23 MOTION to Disqualify Judge by Michael Duncan (Attachments: # 1 Proposed Order)(Clay, Thomas) (Entered: 02/23/2007)
352007-02-23 MOTION for Extension of Time by Michael Duncan to file Response to Motion for Summary Judgment through March 5, 2007 (Attachments: # 1 Proposed Order Proposed Order for Extension of Time)(Clay, Thomas) Modified text w/ language in italics on 2/26/2007 (Dearborn, Christy). (Entered: 02/23/2007)
362007-02-23 ORDER: matter is before Court on pltf's motions (DE 34 in 3:06-cv-34 & DE 31 in 3:06-cv-5) to disqualify undersigned in above referenced matters. Although Court finds that it is not required to recuse in these matters, Court will nonetheless transfer them to Chief Judge Joseph M. Hood. Because these two cases involve allegations directly against Governor Ernie Fletcher or emanate from allegations of political corruption inside the Fletcher administration, Court will transfer matter to avoid even the appearance of impropriety. Court takes great exception, however, to certain representations in pltfs' pleadings. To extent Motions to Disqualify are based on the Courts' entry of emergency relief prior to expiration of typical response time afforded by LR, pltfs' counsel is well aware of the emergency nature of these motions to postponediscovery. In granting emergency relief, Court did not preclude discovery in either case. Rather the Court temporarily postponed discovery until it could address other issues raised by the parties, thus, potentially saving them unnecessary time and expense. Signed by Judge Karen K. Caldwell. (Judge Karen K. Caldwell no longer assigned to case)(CBD)cc: COR (Entered: 02/23/2007)
372007-02-26 ORDER: 1) pltf's Motion 35 for Extension of Time to file Response to Motion 31 for Summary Judgment is GRANTED 2) pltf shall have up to and including 3/5/2007, to file response. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 02/26/2007)
382007-03-05 RESPONSE to Motion re 31 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher filed by Michael Duncan. (Attachments: # 1 Exhibit Exhibit A - Indictment# 2 Exhibit Exhibit B - Grand Jury Report# 3 Exhibit Exhibit C - 6-7-05 David Ray Memo# 4 Exhibit Exhibit D - David Ray Memo# 5 Exhibit Exhibit E - David Ray Memo# 6 Exhibit Exhibit - 4-18-05 Preliminary Personnel List# 7 Exhibit Exhibit G - 4-26-05 Calendar page# 8 Exhibit Exhibit H - 8-26-05 - Dan Druen Interview Part 1# 9 Exhibit Exhibit H - 8-26-05 Dan Druen Interview Part 2# 10 Exhibit Exhibit I - 6-6-05 David Ray letter# 11 Proposed Order Proposed Order)(Clay, Thomas) (Entered: 03/05/2007)
392007-03-09 MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher by Ernie Fletcher, Ernie Fletcher (Attachments: # 1 Proposed Order)(Basha, Rania) (Entered: 03/09/2007)
402007-03-14 ORDER: Motion 39 having been made, IT IS ORDERED Governor Flethcher's Reply in support of his Motion for Summary Judgment 31 shall be due 3/29/2007. Signed by Judge Joseph M. Hood. (CBD)cc: COR (Entered: 03/14/2007)
412007-03-16 MOTION for Summary Judgment by William Nighbert, William Nighbert (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit Ex. 1--Notice of Determination# 4 Exhibit Ex. 2--Duncan Deposition Excerpts# 5 Exhibit Ex. 3--Duncan Personnel Board Testimony Excerpts# 6 Exhibit Ex. 4--Nighbert Personnel Board Testimony Excerpts# 7 Exhibit Ex. 5--Ray Personnel Board Testimony Excerpts# 8 Exhibit Ex. 6--Welch v. Gill# 9 Exhibit Ex. 7--Taylor v. Univ. Med. Ctr.)(Noe, Spencer) (Entered: 03/16/2007)
422007-03-28 REPLY to Response to Motion re 31 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher filed by Ernie Fletcher, Ernie Fletcher. (Brooker, Christopher) (Entered: 03/28/2007)
432007-04-02 MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Summary Judgment by William Nighbert, William Nighbert by Michael Duncan (Attachments: # 1 Proposed Order)(Clay, Thomas) (Entered: 04/02/2007)
442007-04-02 MOTION for Order by Michael Duncan Motion To Supplement Record (Attachments: # 1 Proposed Order)(Clay, Thomas) (Entered: 04/02/2007)
452007-04-03 MOTION for Leave by Michael Duncan (Attachments: # 1 Proposed Order)(Clay, Thomas) Additional attachment(s) added on 4/4/2007 (Dearborn, Christy). (Entered: 04/03/2007)
462007-04-04 RESPONSE to Motion re 44 MOTION for Order by Michael Duncan To Supplement the Record filed by Ernie Fletcher, Ernie Fletcher. (Brooker, Christopher) (Entered: 04/04/2007)
472007-04-04 RESPONSE to Motion re 45 MOTION for Leave by Michael Duncan To Supplement His Response filed by Ernie Fletcher, Ernie Fletcher. (Brooker, Christopher) (Entered: 04/04/2007)
482007-04-10 ORDER: Plaintiff is granted an extension of time 43 up to & including 4/23/07 in which to file his Response to Dft William Nighbert's Mtn for S/J (re 41 ) . Signed by Judge Joseph M. Hood. Response due by 4/23/2007 (AKR)cc: COR (Entered: 04/10/2007)
492007-04-12 NOTICE OF FILING by Michael Duncan re Notice of Deficiency,,,, (Attachments: # 1 Exhibit Part 1-Findings of Fact, Conclusions of Law and Recommended Order# 2 Exhibit Part 2-Findings of Fact, Conclusions of Law and Recommended Order)(Clay, Thomas) Modified text to include description of attachments on 4/13/2007 (Ratliff, Kay). (Entered: 04/12/2007)
502007-04-12 ORDER: that the plaintiff be allowed to file in the record the 60 page Findings of Fact, Conclusions of Law and Recommended Order from the Commonwealth of Kentucky Personnel Board in Duncan v. Transportation Cabinet, et al., Appeal No. 2005-177. (Motion terminated 44 Motion for Order) . Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 04/12/2007)
512007-04-12 ORDER: that Plaintiff's Supplemental Response to Defendant Ernie Fletcher's Motion for Summary Judgment be & same is filed. (Motion terminated 45 Motion for Leave) . Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 04/12/2007)
522007-04-12 SUPPLEMENTAL RESPONSE in Opposition re 31 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher filed by Michael Duncan. Filed pursuant to DE 51 Order of Court. (AKR) (Entered: 04/12/2007)
532007-04-23 RESPONSE to 41 William Nighbert's Motion for Summary Judgment filed by Michael Duncan. (Attachments: # 1 Exhibit A-Personnel Board's Findings of Fact, Conclusions of Law# 2 Exhibit A-Personnel Board's Findings of Fact Continued# 3 Exhibit B-4-18-05 Preliminary Personnel Actions# 4 Exhibit D-8-26-05 Dan Druen Interview# 5 Exhibit D-8-26-05 Dan Druen Interview Continued# 6 Exhibit E-Nighbert Indictment# 7 Exhibit F-6-6-05 David Ray letter to Gov. Fletcher# 8 Exhibit G-Gritton v. Disponett# 9 Proposed Order)(Clay, Thomas) Modified attachment description on 4/24/2007 (Dearborn, Christy). Modified on 4/24/2007 (Dearborn, Christy). (Entered: 04/23/2007)
542007-04-25 MOTION for Leave by Ernie Fletcher, Ernie Fletcher to File Reply to Supplemental Response in Opposition 52 (Attachments: # 1 tendered Reply# 2 Proposed Order)(Pitt, M.) Modified text to include "to Supplemental Response in Opposition" and created link to DE 52 on 4/26/2007 (Ratliff, Kay). (Entered: 04/25/2007)
552007-04-30 ORDER: that said Motion 54 is GRANTED & that Dft is permitted to file his Reply to Plf's Supplemental Memorandum 52 . Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 04/30/2007)
562007-04-30 REPLY to Supplemental Response to Motion re 31 MOTION for Summary Judgment by Ernie Fletcher, Ernie Fletcher filed by Ernie Fletcher, Ernie Fletcher. Filed pursuant to Court's order, DE 55 . (AKR) (Entered: 04/30/2007)
572007-05-04 REPLY to Response to Motion re 41 MOTION for Summary Judgment by William Nighbert, William Nighbert filed by William Nighbert, William Nighbert. (Attachments: # 1 Exhibit Ex. 1--Duncan Deposition# 2 Exhibit Ex. 2--Duncan Personnel Bd. Testimony# 3 Exhibit Ex. 3--Ray Personnel Bd. Testimony# 4 Exhibit Ex. 4--Position Description# 5 Exhibit Ex. 5--Executive Order 2004-724# 6 Exhibit Ex. 6--Dantz v. Am. Apple Group# 7 Exhibit Ex. 7--Crawford v. LFUCG)(Noe, Spencer) (Entered: 05/04/2007)
582007-05-15 MOTION for Summary Judgment by Jim Adams (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 Proposed Order Granting Motion for Summary Judgment)(Bowell, Beth) (Entered: 05/15/2007)
592007-05-30 RESPONSE to Motion re 58 MOTION for Summary Judgment by Jim Adams filed by Michael Duncan. (Clay, Thomas) (Entered: 05/30/2007)
602007-06-22 NOTICE of Change of Address by Donald M. Wakefield (Wakefield, Donald) (Entered: 06/22/2007)
612007-07-19 ORDER: 1) Dfts shall have up to & including 7/30/07 in which to file their supplemental briefs; 2) Plff shall have 5 days from date of filing of supplemental briefs in which to file his reponse . Signed by Judge Joseph M. Hood. (AKR)cc: COR (Entered: 07/19/2007)
622007-07-30 RESPONSE to 61 Court's Request for Supplemental Brief filed by Ernie Fletcher, Ernie Fletcher. (Attachments: # 1 Exhibit A -- Transcript of Secretary Nighbert's Testimony# 2 Exhibit B -- Personnel Board's Final Order)(Brooker, Christopher) (Entered: 07/30/2007)
632007-07-30 RESPONSE to 61 Court's July 19, 2007 Order to Supplement Summary Judgment Brief filed by Jim Adams, Jim Adams. (Attachments: # 1 Exhibit A -- May 13, 2005 Memorandum# 2 Exhibit B -- Authorization Signature Form)(Bowell, Beth) (Entered: 07/30/2007)
642007-08-06 RESPONSE to 62 , 63 to Defendants Supplemental Briefs Regarding Appointing Authority filed by Michael Duncan. (Clay, Thomas) (Entered: 08/06/2007)
652007-08-30 ORDER: the Final Pre-trial Conference sched on 9/6/07 & Jury Trial on 10/15/07 in Frankfort, KY, are set aside & to be resched at convenience of the court . Signed by Judge Joseph M. Hood. (AKR)cc: COR, diary (Entered: 08/30/2007)
662007-08-31 MEMORANDUM OPINION AND ORDER: Dfts' motions for summary judgment 31 41 58 are GRANTED IN PART AND DENIED IN PART 1) dfts' motion for summary judgment as to official capcacity claims seeking monetary relief are GRANTED 2) the motions of Fletcher and Adams for summary judgment as to pltf's claim for reinstatement are GRANTED 3) Nighbert's motion for summary judgment as to pltf's claim for reinstatement is DENIED 4) dfts' motions for summary judgment as to pltf's due process claims are GRANTED 5) dfts' motions for summary judgment as to pltf's freedom of speech and freedom of association claims are DENIED 6) dft Fletcher's motion for summary judgment is GRANTED, to extent he seeks executive immunity from pltf's state law claims. Additionally, IT IS ORDERED: 7) pltf shall have to 9/14/2007 to SHOW CAUSE why his claim under the Equal Protection Clause should not be dismissed 8) the stay on discovery is LIFTED. Signed by Judge Joseph M. Hood. (CBD)cc: COR Modified sp. error on 9/17/2007 (Dearborn, Christy). (Entered: 08/31/2007)
672007-09-05 NOTICE OF INTERLOCUTORY APPEAL as to 66 Order on Motion for Summary Judgment,,,,,,,,,,,,,, by Jim Adams, William Nighbert, Ernie Fletcher. Filing fee $ 455, receipt number 1025715. (Brooker, Christopher) (Entered: 09/05/2007)
682007-09-25 TRANSCRIPT REQUEST by Ernie Fletcher re 67 Notice of Interlocutory Appeal no transcript ordered (Attachments: # 1 Exhibit A transcript order)(Brooker, Christopher) Modified text to include text in italics to better describe pleading on 9/26/2007 (Ratliff, Kay). (Entered: 09/25/2007)
692007-10-26 STRICKEN PURSUANT to Notice of Action Striking Document filed on 10/29/2007. Modified on 10/29/2007 (Dearborn, Christy). (Entered: 10/26/2007)
702007-12-11 Proposed Agreed Order/Stipulation Dismissing as Settled by Jim Adams, Commonwealth of Kentucky, Transportation Cabinet, William Nighbert, Ernie Fletcher, Jim Adams, Michael Duncan, William Nighbert, Ernie Fletcher. (Pitt, M.) (Entered: 12/11/2007)
712007-12-12 AGREED ORDER DISMISSING AS SETTLED: All claims aserted by Plff, Michael Duncan in this case are hereby dismissed with prejudice, with each party to pay its own costs, expenses and attorney's fees. Signed by Judge Joseph M. Hood on 12/12/2007.(AKR)cc: COR (Entered: 12/12/2007)
722007-12-17 ORDER of USCA as to 67 Notice of Interlocutory Appeal: Upon consideration of the joint motion to voluntarily dismiss the appeal herein pursuant to Rule 42(b), Federal Rules of Appellate Procedure, It is ORDERED that the motion is GRANTED and the appeal is dismissed. (Attachments: # 1 Cover Letter)(CBD) (Entered: 12/17/2007)
732007-12-27 ORDER of USCA as to 67 Notice of Interlocutory Appeal filed by William Nighbert, Jim Adams, Ernie Fletcher: appellant's motion to voluntarily dismiss the appeal is GRANTED and the appeal is dismissed. (CBD) (Entered: 12/27/2007)