Maryland District Court, Case No. 1:95-cv-02507-MJG:
Hite, et al v. Mayor & City Council, et al

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No Logo Edward W. Hite, Plaintiff

No attorney information is available for this party.

No Logo Gloria U. Hite, Plaintiff

Philip David Ziperman
Office of the Attorney General
Phone: +1 410 576 6300
Fax: +1 410 576 7040

Thomas C. Cardaro
cardarolaw.com Law Firm Placeholder
Phone: +1 410 752 6166
Fax: +1 410 752 6013
E-Mail: tcc@cardarolaw.com

No Logo Gloria Uldine Bolton, Plaintiff

No attorney information is available for this party.

No Logo Kathy Comes, Plaintiff

No attorney information is available for this party.

No Logo Leslie F. Hite, Plaintiff

No attorney information is available for this party.

No Logo Mary Leslie Wheaton, Plaintiff

No attorney information is available for this party.

v.
No Logo Bradley Yarchin, Defendant

Timothy L Mullin
Koeller, Nebeker, Carlson & Haluck, LLP
Phone: +1 410 727 6464
Fax: +1 410 385 3700
E-Mail: tmullin@MilesStockbridge.com

Edward Warren Brady
fratusbrady.com Law Firm Placeholder
Phone: +1 410 295 7100
Fax: +1 410 295 1260
E-Mail: ed@fratusbrady.com

No Logo Jae Yim, Defendant

Paula J McGill
Phone: +1 202 294 0435
E-Mail: demandingjustice@gmail.com

Jeffrey E. Gordon
DLA Piper (US) LLP
Phone: +1 410 580 3000
E-Mail: jeffrey.gordon@dlapiper.com

No Logo Mayor and City Council of Baltimore City, Defendant

Frank C Derr
bcps.k12.md.us Law Firm Placeholder
Phone: +1 410 396 3298
Fax: +1 410 539 0876
E-Mail: FDERR@BCPS.K12.MD.US

No Logo Paul Merkler, Defendant

Timothy L Mullin
Koeller, Nebeker, Carlson & Haluck, LLP
Phone: +1 410 727 6464
Fax: +1 410 385 3700
E-Mail: tmullin@MilesStockbridge.com

Edward Warren Brady
fratusbrady.com Law Firm Placeholder
Phone: +1 410 295 7100
Fax: +1 410 295 1260
E-Mail: ed@fratusbrady.com

No Logo Stanley Reaves, Defendant

Robert C Verderaime
Phone: +1 410 752 8888
Fax: +1 410 752 0425
E-Mail: rcverdub@yahoo.com

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Office Baltimore
Filed 8/25/1995
Jury Demand Plaintiff
Demand $364000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Baltimore City
Terminated 1/14/1998
Origin 4
Reopened 10/1/1995
Lead Case None
Related Case
Other Court Case 95167041/CL198335[CC of Baltimore City]
Def Custody Status
Flag CLOSED
 -- Filed: 8/25/1995, Entered: 8/28/1995 Remark
ABOVE PLEADINGS ARE ALL COPIES OF PAPERS FILED IN THE CIRCUIT COURT FOR BALTIMORE CITY (ajh, Deputy Clerk)
 -- Filed: 8/25/1995, Entered: 8/28/1995 Local Rule
Local Rule l03.5 Certification included in Notice of Removal (ajh, Deputy Clerk)
 1 Filed: 8/25/1995, Entered: 8/28/1995 Notice of Removal
NOTICE OF REMOVAL filed by defendant Mayor and City Council of Baltimore; FILING FEE $ 120.00 RECEIPT # 111443 (ajh, Deputy Clerk) Modified on 08/28/1995
 2 Filed: 8/25/1995, Entered: 8/28/1995 Notice (Other)
NOTICE of filing of Notice of Removal by Mayor and City Council (ajh, Deputy Clerk)
 3 Filed: 8/25/1995, Entered: 8/28/1995 Complaint
COMPLAINT filed; (ajh, Deputy Clerk)
 4 Filed: 8/25/1995, Entered: 8/28/1995 Summons Issued
SUMMONS(ES) issued for Mayor and City Counc, Jae Yim, Stanley Reaves, Bradley Yarchin, Paul Merkler (ajh, Deputy Clerk)
 5 Filed: 8/25/1995, Entered: 8/28/1995 Answer to Complaint
ANSWER to Complaint by Mayor and City Council (Attorney Frank C. Derr) (ajh, Deputy Clerk)
 -- Filed: 8/28/1995, Entered: 8/28/1995 Remark
Notice of Removal mailed to counsel (ajh, Deputy Clerk)
 6 Filed: 9/5/1995, Entered: 9/7/1995 Notice (Other)
NOTICE of no outstanding motions in this removed action by Mayor & City Council (mdd, Deputy Clerk)
 8 Filed: 9/11/1995, Entered: 9/14/1995 Answer to Complaint
ANSWER to Complaint by Bradley Yarchin (Attorney Stephen John Cullen, Timothy L. Mullin), (mdd, Deputy Clerk)
 7 Filed: 9/12/1995, Entered: 9/14/1995 Answer to Complaint
ANSWER to Complaint by Stanley Reaves (Attorney Robert C. Verderaime), (mdd, Deputy Clerk)
 9 Filed: 9/14/1995, Entered: 9/18/1995 Scheduling Order Court Filing
INITIAL SCHEDULING ORDER issued. ( signed by Judge Marvin J. Garbis 9/14/95 c/m 9/14/95-jw) (mdd, Deputy Clerk)
 10 Filed: 9/14/1995, Entered: 9/18/1995 Order Court Filing
INFORMAL LETER ORDER "INFORMING" parties that this case is subject to Bifurcation purusant Marryshow et 139 F.R.D. 318 (D. Md. 1991; "DIRECTING" any party objecting to the order to respond to the court on or before 10/3/95. ( signed by Judge Marvin J. Garbis 9/14/95 c/m 9/14/95-jw) (mdd, Deputy Clerk)
 11 Filed: 9/21/1995, Entered: 9/22/1995 Response
RESPONSE in opposition by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to [10-1] order (mdd, Deputy Clerk)
 12 Filed: 9/21/1995, Entered: 9/22/1995 Response
RESPONSE by Bradley Yarchin to Court's proposed bifurcation [10-1] order (mdd, Deputy Clerk)
 13 Filed: 9/25/1995, Entered: 9/26/1995 Order Court Filing
INFORMAL LETTER ORDER "CLARIFYING" the issues in the bifurcation order; "DIRECTING" counsel to file any oppositions to the order in light of the clarification by 10/18/95. ( signed by Judge Marvin J. Garbis 9/21/95 c/m 9/22/95-pj) (mdd, Deputy Clerk)
 14 Filed: 9/27/1995, Entered: 9/27/1995 Notice (Other)
NOTICE of plaintiffs to issue summons to Police Officer Jae Yim (mdd, Deputy Clerk)
 15 Filed: 9/27/1995, Entered: 9/27/1995 Summons Issued
SUMMONS issued for Jae Yim (mdd, Deputy Clerk)
 16 Filed: 9/27/1995, Entered: 9/28/1995, Terminated: 11/7/1995 Motion to Remand
MOTION by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to Remand (mdd, Deputy Clerk)
 -- Filed: 9/28/1995, Entered: 9/28/1995 Terminated Case
Case closed (jas, Deputy Clerk)
 -- Filed: 10/1/1995, Entered: 10/16/1995 Case Reopened
Case reopened (mdd, Deputy Clerk)
 17 Filed: 10/4/1995, Entered: 10/11/1995 Notice (Other)
NOTICE of consent by Bradley Yarchin, Paul Merkler to petition and notice of removal. (mdd, Deputy Clerk)
 18 Filed: 10/10/1995, Entered: 10/17/1995 Notice (Other)
NOTICE to reissue summons as to Police Officer Jae Yim by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite (mdd, Deputy Clerk)
 19 Filed: 10/12/1995, Entered: 10/17/1995 Order Court Filing
ORDER, to Bifurcate trails for claims against the "active" and "inactive" defendants ( signed by Judge Marvin J. Garbis 10/11/95 c/m 10/11/95-jw) (mdd, Deputy Clerk)
 21 Filed: 10/13/1995, Entered: 10/18/1995 Answer to Complaint
ANSWER to Complaint by Paul Merkler (Attorney Timothy L. Mullin, Stephen John Cullen), (mdd, Deputy Clerk)
 22 Filed: 10/16/1995, Entered: 10/25/1995 Response to Motion
RESPONSE by Mayor & City Council to [16-1] motion of plaintiff to Remand (mdd, Deputy Clerk)
 20 Filed: 10/17/1995, Entered: 10/17/1995 Summons Issued
2nd SUMMONS issued for Jae Yim (mdd, Deputy Clerk)
 23 Filed: 11/7/1995, Entered: 11/8/1995 Order Court Filing
ORDER denying plaintiff's [16-1] motion to Remand ( signed by Judge Marvin J. Garbis 11/7/95 c/m 11/7/95-jw) (mdd, Deputy Clerk)
 24 Filed: 12/12/1995, Entered: 12/19/1995 Summons Returned Executed
RETURN OF SERVICE executed as to Jae Yim 12/4/95 Answer due on 12/24/95 for Jae Yim (mdd, Deputy Clerk)
 25 Filed: 1/17/1996, Entered: 1/21/1996 Status Report
STATUS REPORT from plaintiff; Reaves, Yarchin, and Merkler. (mdd, Deputy Clerk)
 25 Filed: 1/17/1996, Entered: 1/21/1996 Order Court Filing
Letter ORDER, Extending Time for schedling order deadlines ( signed by Judge Marvin J. Garbis 1/16/96 c/m 1/17/96-pj) (mdd, Deputy Clerk)
 26 Filed: 1/19/1996, Entered: 1/24/1996 Order Court Filing
INFORMAL LETTER ORDER RE: MR. Derr's correspondence seeking clarification. ( signed by Judge Marvin J. Garbis 1/18/96 c/m 1/18/96-pj) (mdd, Deputy Clerk)
 27 Filed: 1/25/1996, Entered: 1/29/1996 Notice (Other)
NOTICE of consent to removal by Jae Yim (mdd, Deputy Clerk)
 28 Filed: 1/25/1996, Entered: 1/29/1996 Answer to Complaint
ANSWER to Complaint by Jae Yim (Attorney Jeffrey E. Gordon), (mdd, Deputy Clerk)
 29 Filed: 4/18/1996, Entered: 4/18/1996 Order Court Filing
LETTER ORDER, Extend Time for discovery deadline to 7/15/96 and dispositive motions up to 8/15/96 ( signed by Judge Marvin J. Garbis 4/17/96 c/m 4/17/96-jw) (mdd, Deputy Clerk)
 30 Filed: 7/15/1996, Entered: 7/16/1996 Status Report
STATUS REPORT by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite (mdd, Deputy Clerk)
 -- Filed: 8/9/1996, Entered: 8/14/1996 Scheduling Conference
Scheduling conference held before Garbis, J. (mdd, Deputy Clerk)
 -- Filed: 8/9/1996, Entered: 8/14/1996 Status Conference
Status conference held before Garbis, J. (mdd, Deputy Clerk)
 31 Filed: 8/9/1996, Entered: 8/14/1996 Scheduling Order Court Filing
SCHEDULING ORDER issued in accordance with the proceedings held 8/9/96. ( signed by Judge Marvin J. Garbis 8/9/96 c/m 8/9/96-jw) (mdd, Deputy Clerk)
 32 Filed: 8/21/1996, Entered: 8/22/1996 Scheduling Order Court Filing
AMENDED SCHEDULING ORDER issued. ( signed by Judge Marvin J. Garbis 8/15/96 c/m 8/20/96-jw) (mdd, Deputy Clerk)
 33 Filed: 10/31/1996, Entered: 11/1/1996, Terminated: 2/14/1997 Motion for Summary Judgment
MOTION with memorandum in support by Bradley Yarchin, Paul Merkler for Summary Judgment , and for Special Hearing on same filed with exhibits A-H. (mdd, Deputy Clerk)
 34 Filed: 10/31/1996, Entered: 11/4/1996 Status Report
STATUS REPORT by Bradley Yarchin, Paul Merkler (mdd, Deputy Clerk)
 35 Filed: 11/1/1996, Entered: 11/4/1996 Status Report
STATUS REPORT by Jae Yim (mdd, Deputy Clerk)
 36 Filed: 11/8/1996, Entered: 11/8/1996, Terminated: 11/13/1996 Motion for Extension of Time to File
CONSENT MOTION by Plaintiffs Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, and Gloria U. Hite to Extend Time To Oppose Motion of Defendants For Summary Judgment (c/s) (mdd, Deputy Clerk)
 37 Filed: 11/13/1996, Entered: 11/13/1996 Order Court Filing
ORDER granting plaintiffs' consent [36-1] motion to Extend Time To Oppose Motion of Defendants For Summary Judgment up to and including 12/2/96. ( signed by Judge Marvin J. Garbis 11/8/96 c/m 11/12/96-sv) (mdd, Deputy Clerk)
 38 Filed: 11/27/1996, Entered: 11/27/1996 Response in Opposition to Motion
MEMORANDUM with exhibits 1-15 by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite in opposition to [33-1] motion for Summary Judgment by Paul Merkler, Bradley Yarchin (mdd, Deputy Clerk)
 39 Filed: 12/6/1996, Entered: 12/10/1996 Reply to Response to Motion
REPLY with exhibit 1-3 by Bradley Yarchin, Paul Merkler to plaintiffs' oppositional response to [33-1] motion for Summary Judgment by Paul Merkler, Bradley Yarchin (mdd, Deputy Clerk) Modified on 12/10/1996
 40 Filed: 12/9/1996, Entered: 12/11/1996 Reply to Response to Motion
REPLY by Bradley Yarchin, Paul Merkler to plaintiff's oppositional response to [33-1] motion for Summary Judgment by Paul Merkler, Bradley Yarchin (mdd, Deputy Clerk)
 41 Filed: 12/16/1996, Entered: 12/17/1996 Response
RESPONSE with exhibits 1-2 by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to [40-1] response reply by Paul Merkler, Bradley Yarchin, [39-1] response reply by Paul Merkler, Bradley Yarchin (mdd, Deputy Clerk)
 42 Filed: 2/3/1997, Entered: 2/5/1997 Motion for Miscellaneous Relief
Letter MOTION by Bradley Yarchin, Paul Merkler for point of clarification on the Amended Scheduling Order issued 8/15/96 (mdd, Deputy Clerk)
 42 Filed: 2/3/1997, Entered: 2/5/1997 Order Court Filing
ORDER "CONFIRMING and CLARIFYING" issues in paragraph 4 pursuant to Amended Scheduling Order of 8/15/96 and "DIRECTING" that paragraph 4 filings are due by 8/11/97. ( signed by Judge Marvin J. Garbis 1/31/97; c/m jw ) (mdd, Deputy Clerk)
 43 Filed: 2/14/1997, Entered: 2/20/1997 Order Court Filing
MEMORANDUM AND ORDER "GRANTING IN PART, DENYING IN PART" defendants' [33-1] motion for Summary Judgment as follows: (a) Count One: DENIED on plaintiffs 1983 claim; (b) Count Four: GRANTED on plaintiffs' intentional infliction of emotion distress claim; (c) Count Seven: DENIED on plaintiffs' Maryland constitutional claims; (d) Count Nine: DENIED on plaintiffs' wrongful death claim, but GRANTED with respect to plaintiffs' request for punitive damages; (e) Count Ten: DENIED on plaintiffs' survival claim; (f) Count Eleven: DENIED on plaintiff's negeligence claim; (g) Count Thirteen: DENIED on plaintiffs' gross negligence claim; and "DIRECTING" that case shall proceed in accordance with Second Amended Scheduling Order. ( signed by Judge Marvin J. Garbis 2/14/97; c/m chambers ) (mdd, Deputy Clerk)
 44 Filed: 2/14/1997, Entered: 2/20/1997 Scheduling Order Court Filing
SECOND AMENDED SCHEDULING ORDER ( signed by Judge Marvin J. Garbis 2/14/97; c/m chambers ) (mdd, Deputy Clerk)
 45 Filed: 2/27/1997, Entered: 2/28/1997, Terminated: 5/28/1997 Motion to Amend/Correct
MOTION by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to Alter or Revise/Amend [43-1] order . (c/s) (mdd, Deputy Clerk)
 46 Filed: 3/3/1997, Entered: 3/4/1997, Terminated: 4/8/1997 Motion to Compel
MOTION by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to Compel Mayor and City Council to respond to discovery and Exhibits 1 thru 5. (1 c/s) (mdd, Deputy Clerk)
 47 Filed: 3/13/1997, Entered: 3/14/1997 Order Referring Case to Magistrate Judge Court Filing
ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for all discovery disputes. ( signed by Judge Marvin J. Garbis 3/4/97 ) (REFERRED TO USMJ 3/12/97; cc 3/13/97 hsg) (mdd, Deputy Clerk)
 48 Filed: 3/17/1997, Entered: 3/18/1997 Response to Motion
RESPONSE by Mayor & City Council to [46-1] motion to Compel Mayor and City Council to respond to discovery by plaintiffs and Exhibit 1. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 49 Filed: 3/24/1997, Entered: 3/25/1997 Correspondence
CORRESPONDENCE TO ALL COUNSEL OF RECORD RE: Estimated trial time. (mdd, Deputy Clerk)
 50 Filed: 3/31/1997, Entered: 4/2/1997 Reply to Response to Motion
REPLY by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to defendants response to their [46-1] motion to Compel Mayor and City Council to respond to discovery. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 51 Filed: 4/8/1997, Entered: 4/9/1997 Memorandum Court Filing
MEMORANDUM ( signed by Magistrate Judge Paul W. Grimm 4/7/97; c/m 4/8/97 jmf ) (mdd, Deputy Clerk)
 52 Filed: 4/8/1997, Entered: 4/9/1997 Order Court Filing
ORDER "GRANTING IN PART, DENYING IN PART" plaintiff's [46-1] motion to Compel Mayor and City Council to respond to discovery as therein more particularly set forth. ( signed by Magistrate Judge Paul W. Grimm 4/7/97; c/m 4/8/97 jmf ) (mdd, Deputy Clerk)
 53 Filed: 4/9/1997, Entered: 4/10/1997 Response in Opposition
RESPONSE by Bradley Yarchin, Paul Merkler in opposition to [45-1] motion to Alter or Revise/Amend [43-1] order by plaintiffs. (c/s) (mdd, Deputy Clerk)
 -- Filed: 4/10/1997, Entered: 4/10/1997 Scheduling Conference
Scheduling conference held before (Garbis, J) re: trial date. (hbm, Deputy Clerk)
 54 Filed: 4/11/1997, Entered: 4/14/1997 Scheduling Order Court Filing
SCHEDULING ORDER (in accordance with proceedings held in this matter) ( signed by Judge Marvin J. Garbis 4/10/97; c/m chambers ) (mdd, Deputy Clerk)
 55 Filed: 4/17/1997, Entered: 4/21/1997 Response in Opposition Court Filing
RESPONSE by Mayor & City Council in opposition to [52-1] order of U.S. Magistrate Judge Grimm, and attachments. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 56 Filed: 4/18/1997, Entered: 4/22/1997 Response to Motion
SUPPLEMENTAL MEMORANDUM AND RESPONSE by Bradley Yarchin, Paul Merkler to [45-1] motion to Alter or Revise/Amend [43-1] order by plaintiffs. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 57 Filed: 4/28/1997, Entered: 4/29/1997 Reply to Response to Motion
REPLY by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton to supplemental memorandum response of defendants Yarchin and Merkler to their [45-1] motion to Alter or Revise/Amend [43-1] order. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 58 Filed: 4/28/1997, Entered: 4/29/1997 Response
RESPONSE by Edward W. Hite, Gloria Uldine Bolton, Mary Leslie Wheaton, Kathy Comes, Leslie F. Hite, Gloria U. Hite to [55-1] opposition response by Mayor & City Council to USMJ Grimm's 4/7/97 order. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 59 Filed: 5/6/1997, Entered: 5/8/1997 Response
REPLY/RESPONSE by Mayor & City Council to [58-1] response by plaintiffs to their objection to USMJ Grimm's order dated 4/7/97. (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 60 Filed: 5/28/1997, Entered: 5/30/1997 Order Court Filing
MEMORANDUM AND ORDER "DENYING" [45-1] motion to Alter or Revise/Amend [43-1] order; and "ADVISING" that Count IV remains DISMISSED. ( signed by Judge Marvin J. Garbis 5/28/97; c/m jw ) (mdd, Deputy Clerk) Modified on 05/30/1997
 61 Filed: 5/28/1997, Entered: 5/30/1997 Order Court Filing
MEMORANDUM AND ORDER "OVERRULING" the objections to the Order of USMJ filed by Mayor and City Council of Baltimore; and "ADOPTING" the order issued by USMJ Grimm on 4/7/97 as an order of this court. ( signed by Judge Marvin J. Garbis 5/28/97; c/m jw ) (mdd, Deputy Clerk)
 62 Filed: 6/2/1997, Entered: 6/3/1997 Notice of Appearance
NOTICE of attorney appearance for Jae Yim by Paula J. McGill. (c/s) (mdd, Deputy Clerk)
 67 Filed: 8/1/1997, Entered: 8/14/1997 Voir Dire Questions
Proposed Voir dire questions by Bradley Yarchin, Paul Merkler and request for roll call. (c/s) (mdd, Deputy Clerk)
 63 Filed: 8/11/1997, Entered: 8/11/1997 Proposed Jury Instructions
Proposed Requested Jury instructions by plaintiffs. (courtesy copy to MJG/1 copy to USMJ Grimm) (mdd, Deputy Clerk)
 64 Filed: 8/11/1997, Entered: 8/11/1997 Voir Dire Questions
Proposed Voir dire questions by plaintiffs. (courtesy copy to MJG/1 copy to USMJ GRIMM) (mdd, Deputy Clerk)
 65 Filed: 8/11/1997, Entered: 8/11/1997, Terminated: 8/27/1997 Motion in Limine
MOTION by plaintiffs in Limine to exclude evidence relating to drug and alcohol use by decedent George Hite . (courtesy copy to MJG/1 copy to USMJ GRIMM) (mdd, Deputy Clerk)
 66 Filed: 8/11/1997, Entered: 8/11/1997, Terminated: 8/27/1997 Motion to Compel
MOTION with memorandum in support by Edward W. Hite, et al. to Compel , and for Sanctions for violation of court order . (c/s) (mdd, Deputy Clerk)
 68 Filed: 8/11/1997, Entered: 8/14/1997 Proposed Jury Instructions
Requested/Proposed Jury instructions by Bradley Yarchin, Paul Merkler. (c/s) (mdd, Deputy Clerk)
 69 Filed: 8/11/1997, Entered: 8/14/1997 Motion in Limine
MOTION with memorandum in support by Bradley Yarchin, Paul Merkler in Limine to exclude the autopsy photographs of George T. Hite, Jr. and attachments. (c/s) (mdd, Deputy Clerk)
 70 Filed: 8/12/1997, Entered: 8/14/1997, Terminated: 8/27/1997 Motion to Stay
MOTION with memorandum in support by Jae Yim to Stay litigation pending arbitration , or in the alternative for Leave to File Third-Party Complaint , and Exhibits A thru C. (ENTIRE PLEADING FILED SEPERATELY) (c/s) (mdd, Deputy Clerk)
 71 Filed: 8/12/1997, Entered: 8/14/1997 Voir Dire Questions
Proposed Voir dire questions by Jae Yim. (c/s) (mdd, Deputy Clerk)
 72 Filed: 8/12/1997, Entered: 8/14/1997 Proposed Jury Instructions
Proposed Jury instructions by Jae Yim. (c/s) (mdd, Deputy Clerk)
 -- Filed: 8/20/1997, Entered: 8/25/1997 Pretrial Conference - Final
Pre-trial conference held before (Garbis, J) (hbm, Deputy Clerk)
 73 Filed: 8/21/1997, Entered: 8/25/1997 Motion in Limine
MOTION with memorandum in support by Stanley Reaves in Limine to prohibit plaintiffs, plaintiffs' counsel and witnesses from making statments, references or testimony . (c/s) (mdd, Deputy Clerk)
 74 Filed: 8/22/1997, Entered: 8/26/1997, Terminated: 8/27/1997 Motion to Strike
RESPONSE AND MOTION with memorandum in support by Mayor & City Council to Strike [66-1] motion to Compel and motion for Sanctions for violation of court order by plaintiffs . (c/s Garbis/Grimm) (mdd, Deputy Clerk)
 -- Filed: 8/27/1997, Entered: 9/2/1997 Add and Terminate Judges
CASE NO LONGER REFERRED TO Magistrate Judge Paul W. Grimm (mdd, Deputy Clerk)
 -- Filed: 8/27/1997, Entered: 8/28/1997 Telephone Conference
Tele-conference held in chambers before Grimm, M.J. (mdd, Deputy Clerk)
 75 Filed: 8/27/1997, Entered: 8/28/1997 Order Court Filing
ORDER "DENYING" [74-1] motion to Strike [66-1] motion to Compel and motion for Sanctions for violation of court order by plaintiffs. ( signed by Judge Marvin J. Garbis 8/27/97; c/m dtm ) (mdd, Deputy Clerk)
 76 Filed: 8/27/1997, Entered: 8/28/1997 Order Court Filing
ORDER "DENYING" defendant Jae Yim's [70-1] motion to Stay litigation pending arbitration, and [70-2] motion for Leave to File Third-Party Complaint as therein set forth; "DIRECTING" parties to promptly provide authorities with regard to the liablility if any of the defendants if there was any negligence by Harbor Hospital in regard to Mr. Hite; "GRANTING" plaintiffs' [66-1] motion to Compel as to access to personnel files; "DENYING" [66-2] motion for Sanctions for violation of court order; "DENYING" defendant Reaves' [73-1] motion in Limine to prohibit plaintiffs, plaintiffs' counsel and witnesses from making statments, references or testimony as therein set forth; "GRANTING" EMT defendants' [69-1] motion Limine to exclude the autopsy photographs of George T. Jr. as therein set forth; "GRANTING IN PART, DENYING IN PART" plaintiffs' [65-1] motion in Limine to exclude evidence relating to drug and alcohol use by decedent George Hite as therein more particularly set forth. ( signed by Judge Marvin J. Garbis 8/27/97; c/m dtm ) (mdd, Deputy Clerk)
 77 Filed: 8/27/1997, Entered: 8/29/1997 Response
MEMORANDUM OF LAW/RESPONSE by plaintiffs' regarding defendants' inability to raise as a defense any negligence on the part of George Hite's health care providers. (c/s) (mdd, Deputy Clerk)
 78 Filed: 8/27/1997, Entered: 8/29/1997 Response in Support of Motion
MEMORANDUM by plaintiffs in support of [3-1] complaint for damages for wrongful death and exhibit 1. (c/s) (mdd, Deputy Clerk) Modified on 08/29/1997
 79 Filed: 8/27/1997, Entered: 8/29/1997 Response in Support of Motion
MEMORANDUM by plaintiffs in support of admitting the IID'S findings at trial and Exhibits 1 thru 3. (c/s) (mdd, Deputy Clerk)
 80 Filed: 8/27/1997, Entered: 8/29/1997 Response in Support of Motion
MEMORANDUM by Edward W. Hite, et al. in support of their [65-1] motion in Limine to exclude evidence relating to drug and alcohol use by decedent George Hite and exhibit 1. (c/s) (mdd, Deputy Clerk)
 81 Filed: 8/29/1997, Entered: 9/2/1997, Terminated: 8/29/1997 Motion to Appear Pro Hac Vice
MOTION by Bradley Yarchin, Paul Merkler for Edward W. Brady to Appear Pro Hac Vice . (FEE PAID $50.00 - RECEIPT#B143491) (mdd, Deputy Clerk)
 81 Filed: 8/29/1997, Entered: 9/2/1997, Terminated: 8/29/1997 Order Court Filing
ORDER "GRANTING" [81-1] motion for Edward W. Brady to Appear Pro Hac Vice. ( signed by Judge Marvin J. Garbis 8/27/97; c/m 8/29/97 dtm ) (mdd, Deputy Clerk)
 82 Filed: 8/29/1997, Entered: 9/2/1997 Motion to Dismiss
MOTION by Jae Yim to Dismiss the Estate's claims for loss of life (hedonic) damages and loss of future earnings damages . (c/s) (mdd, Deputy Clerk)
 83 Filed: 8/29/1997, Entered: 9/2/1997 Response in Opposition to Motion
MEMORANDUM by Jae Yim in opposition to plaintiffs' individual claims for damages for Hite's physical injuries. (c/s) (mdd, Deputy Clerk)
 84 Filed: 8/29/1997, Entered: 9/2/1997 Response in Opposition to Motion
MEMORANDUM by Jae Yim in opposition to [79-1] support memorandum by plaintiffs. (c/s) (mdd, Deputy Clerk)
 85 Filed: 8/29/1997, Entered: 9/2/1997 Response to Motion
RESPONSE by Jae Yim to [65-1] motion in Limine to exclude evidence relating to drug and alcohol use by decedent George Hite by plaintiffs. (c/s) (mdd, Deputy Clerk)
 86 Filed: 8/29/1997, Entered: 9/2/1997 Response
MEMORANDUM OF LAW/RESPONSE by Jae Yim to [77-1] response by plaintiffs regarding the admissibility of evidence concerning the negligence of Harbor Hospital. (c/s) (mdd, Deputy Clerk)
 87 Filed: 8/29/1997, Entered: 9/2/1997 Remark
Defendant Jae Yim's supplemental pretrial statement. (c/s) (mdd, Deputy Clerk)
 -- Filed: 9/2/1997, Entered: 9/8/1997 Jury Trial - Held
JURY TRIAL - Day 1 held before (Garbis, J) (REPORTER: Barbara Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/2/1997, Entered: 9/8/1997 Description not available
Jurors Sworn and examined on voir dire. (hbm, Deputy Clerk)
 -- Filed: 9/2/1997, Entered: 9/8/1997 Jury Impaneled
Jury empaneled and sworn before (Garbis, J) (hbm, Deputy Clerk)
 -- Filed: 9/2/1997, Entered: 9/8/1997 Oral Motion
MOTION in open court of plaintiffs to dismiss the jury selected in this case, re: Bateson issue "DENIED" for reasons stated at the bench conference. (hbm, Deputy Clerk)
 -- Filed: 9/2/1997, Entered: 9/8/1997 Settlement Conference
Settlement conference held outside the presenceof the jury before (Garbis, J) (hbm, Deputy Clerk)
 88 Filed: 9/2/1997, Entered: 9/2/1997, Terminated: 1/14/1998 Motion in Limine
MOTION by Jae Yim in Limine to exclude expert evidence concerning George T. Hite's economic loss and Exhibits A and B. (c/s) (mdd, Deputy Clerk)
 89 Filed: 9/2/1997, Entered: 9/4/1997, Terminated: 9/2/1997 Motion to Withdraw
MOTION by Bradley Yarchin, Paul Merkler for Stephen J. Cullen to Withdraw as Attorney . (mdd, Deputy Clerk)
 89 Filed: 9/2/1997, Entered: 9/4/1997, Terminated: 9/2/1997 Order Court Filing
ORDER BY LEAVE OF COURT "GRANTING" [89-1] motion for Stephen J. Cullen to Withdraw as Attorney (Terminated attorney Stephen John Cullen for Paul Merkler, attorney Stephen John Cullen for Bradley Yarchin ( signed by Judge Marvin J. Garbis 8/27/97; c/m 8/29/97 ) (mdd, Deputy Clerk)
 -- Filed: 9/3/1997, Entered: 9/8/1997 Settlement Conference
Settlement conference continued outside the presence of the jury; Case SETTLED as to defendants YARCHIN and MERKLER on plaintiff's original claims and "APPROVAL" by the Court. (hbm, Deputy Clerk)
 -- Filed: 9/3/1997, Entered: 9/8/1997 Remark
Opening statements of counsel. (hbm, Deputy Clerk)
 -- Filed: 9/3/1997, Entered: 9/8/1997 Jury Trial - Held
JURY TRIAL - Day 2 held before (Garbis, J) (REPORTER: Barbara Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/3/1997, Entered: 9/15/1997 Oral Motion
MOTION in open court by Jae Yim, Stanley Reaves to assert third party claims against defendants YARCHIN and MERKLER as a result of the settlement agreement. - "GRANTED" - for reasons stated in open court. (hbm, Deputy Clerk)
 -- Filed: 9/4/1997, Entered: 9/8/1997 Jury Trial - Held
JURY TRIAL - Day 3 held before (Garbis, J) (REPORTER: Barbara Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/8/1997, Entered: 9/8/1997 Jury Trial - Held
JURY TRIAL - Day 4 held before (Garbis, J) (REPORTER: Barbara Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/9/1997, Entered: 9/15/1997 Jury Trial - Held
JURY TRIAL - Day 5 held before (Garbis, J) (REPORTER: B. Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/10/1997, Entered: 9/15/1997 Jury Trial - Held
JURY TRIAL - Day 6 held before (Garbis, J) (REPORTER: B. Shaulis) (hbm, Deputy Clerk) Modified on 09/15/1997
 -- Filed: 9/11/1997, Entered: 9/15/1997 Jury Trial - Held
JURY TRIAL - Day 7 held before (Garbis, J) (REPORTER: B. Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/15/1997, Entered: 9/15/1997 Jury Trial - Held
JURY TRIAL - Day 8 held before (Garbis, J)(REPORTER: B. Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/16/1997, Entered: 9/16/1997 Jury Trial - Held
JURY TRIAL - Day 9 held before (Garbis, J) (REPORTER: B. Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/17/1997, Entered: 9/18/1997 Jury Trial - Held
JURY TRIAL - Day 10 held before (Garbis,J) (REPORTER: B. Shaulis) (hbm, Deputy Clerk)
 -- Filed: 9/17/1997, Entered: 9/18/1997 Settlement Conference
Settlement conference held outside the presence of the jury. (hbm, Deputy Clerk)
 -- Filed: 9/17/1997, Entered: 9/18/1997 Remark
CASE SETTLED (Order to be submitted by the Court) (hbm, Deputy Clerk)
 90 Filed: 9/17/1997, Entered: 9/18/1997 Exhibit List
Trial Exhibit List of Plaintiffs. (hbm, Deputy Clerk)
 91 Filed: 9/17/1997, Entered: 9/18/1997 Exhibit List
Trial Exhibit list by Stanley Reaves (hbm, Deputy Clerk)
 92 Filed: 9/17/1997, Entered: 9/18/1997 Exhibit List
Trial Exhibit list by Jae Yim (hbm, Deputy Clerk)
 93 Filed: 9/17/1997, Entered: 9/18/1997 Order Court Filing
STIPULATION AND ORDER, directing that exhibits be returned to the custody of counsel who offered them. (signed by Judge Marvin J. Garbis)(c/d in open court - hm) (hbm, Deputy Clerk)
 -- Filed: 1/14/1998, Entered: 1/20/1998 Terminated Case
Case closed (mdd, Deputy Clerk)
 94 Filed: 1/14/1998, Entered: 1/20/1998 Stipulation of Dismissal Court Filing
STIPULATION of dismissal in accordance with the provisions of Rule 41, open costs to be paid by defendants and "APPROVAL". (signed by Judge Marvin J. Garbis 1/13/98; c/m jw & micro) (mdd, Deputy Clerk)

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