U.S. v Rainbow

CA No. 96-183, Middle District FLA

Docket as of August 29, 1996 9:08 pm

Proceedings include all events.
3:96cv183 USA v. Rainbow Family, et al
CLOSED HTS

U.S. District Court
Middle District of Florida (Jacksonville)

CIVIL DOCKET FOR CASE #: 96-CV-183

USA v. Rainbow Family, et al
Filed: 02/16/96

Assigned to: Judge Harvey E. Schlesinger

Jury demand: Defendant

Demand: $0,000
Nature of Suit: 890
Lead Docket: None
Jurisdiction: US Plaintiff
Dkt# in other court: None

Cause: 28:2201 Declaratory Judgment

USA

plaintiff

Reginald Luster
[COR LD NTC]
U.S. Attorney's Office
Middle District of Florida
200 W. Forsyth St., Suite 700
P.O. Box 600
Jacksonville, FL 32201
USA
904/232-2682

Thomas W. Millet
[COR LD NTC]

Anjali A. Ashley
[COR LD NTC]
U.S. Dept. of Justice
Civil Division
901 E St., NW
Room 1016
Washington, DC 20530
202/514-3368

Leslie Lagomarcino [COR LD NTC]
General Counsel's Office
U.S. Department of Agriculture
14th & Independence Ave. S.W.
Room 2047
Washington, DC 20250-1400
202/690-2380

v.

RAINBOW FAMILY

aka
Rainbow Nation

aka
Rainbow Family of Living Light

aka
Gathering of Tribes

defendant
RAINBOW FAMILY VISION COUNCIL

defendant
RAINBOW FAMILY TRIBAL COUNCIL

defendant
RAINBOW FAMILY SCOUT COUNCIL

defendant
JOHN DOES, unknown members, "focalizers," organizers, and participants in the l996 Osceola Rainbow Family Gathering.

defendant
ELIZABETH A. CREMIN, individually, and as a representative of the class

defendant
FRANCIS XAVIER COBB, individually, and as a representative of the class

defendant
JEFFREY P. MCCONNAUGHEY, individually, and as a representative of the class

defendant
JAMES A. PIRTLE, individually, and as a representative of the class

defendant
LAURA MAE EVANS, individually, and as a representative of the [term 04/24/96] class

defendant

[NTC] [PRO SE]

214 Atkinson Dr.

Tallahassee, FL
JENNIFER M. FRYDRYCHOWSKI, individually, and as a representative of the class

defendant
WILLIAM D. ADAMS, individually, and as a representative of the class

defendant
ERIC W. EASTRIDGE, individually, and as a representative of the class

defendant
DAVID JAMES CAPPIELLO, individually, and as a representative of the class

defendant
CARI D. JAMES, individually, and as a representative of the class

defendant
ROBERT J. FULLER, individually, and as a representative of the class

defendant
RACHEL L. VAUGHN, individually, and as a representative of the class

defendant
TIMOTHY M. MONNOT, individually, and as a representative of the class

defendant
LISA PETTLES, individually, and as a representative of the class

defendant
SHEILA L. GILMER, individually, and as a representative of the class

defendant
DAVID C. BESSEL, individually, and as a representative of the class

defendant
CURTIS R. TIEDT, individually, and as a representative of the class

defendant
CHAD D. BULAU, individually, and as a representative of the class

defendant
YASMIN N. HIDAYATALLAH, individually, and as a representative of the class

defendant
DANIEL A. FOUNTAIN, individually, and as a representative of the class

defendant
ANDREA GREENSTEIN, individually, and as a representative of the class

defendant
SHANA A. EVANS, individually, and as a representative of the class

defendant
ROBERT NORCROSS, individually, and as a representative of the class

defendant
WILLIAM WAYNE CRISPIN, individually, and as a representative of the class

defendant
STEVEN WILLIAMS, individually, and as a representative of the class

defendant
JOSE LNU, individually, and as a representative of the class

defendant
BUTTERFLY LNU, individually, and as a representative of the class

defendant
WAKEEM LNU, individually, as a representative of the class

defendant

[NTC] [PRO SE]

1855 S. Federal Hwy.

Stuart, FL 34994
ADAM LNU, individually, and as a representative of the class

defendant
BOB JONES, individually, and as a representative of the class

defendant
BULLWINKLE LNU, individually, and as a representative of the class

defendant

[NTC] [PRO SE]

c/o Warren Monday

P.O. Box 653

Altoona, FL 32702
TWO BEARS LNU, individually, and as a representative of the class

defendant
JOHN LNU, individually, and as James M. Henderson, Sr. a representative of the class [term 03/19/96]

defendant [term 03/19/96]

[COR LD NTC]

Christian Advocates Serving Evangelism

1000 Thos. Jefferson St. NW,

Suite 520

Washington, DC 20007

202/337-2273
Jay Alan Sekulow [term 03/19/96]

[COR LD NTC]

American Center for Law and Justice

1000 Thom. Jefferson St. NW

Suite 520

Washington, DC 20007

202/337-2273
GRECHEN LNU

defendant
K. STUART

defendant

GLEN BAXTER

movant [term 05/10/96]

[NTC] [PRO SE]

9938 Keswick St.

Burbank, CA 91504

WILLIAM THOMAS

movant [term 05/10/96]

[NTC] [PRO SE]

P.O. Box 27217

Washington, DC 20038

202/462-0757
WILLIAM THOMAS

movant

[NTC] [PRO SE]

P.O. Box 27217

Washington, DC 20038

202/462-0757

Docket as of August 29, 1996 9:08 pm

1 - 2/16/96 - COMPLAINT for Declaratory and Injunctive Relief filed (pmc)
[Entry date 02/20/96]
2 - 2/16/96 - MOTION by USA pursuant to Rule 4(c)(2) referred to Magistrate Judge Howard T. Snyder (pmc)
[Entry date 02/20/96]
3 - 2/16/96 - ORDER granting [2-1] motion pursuant to Rule 4(c)(2) and Richard Rogers Hicks has been appointed to effect service in this matter. ( Signed 2/16/96 by Magistrate Judge Howard T. Snyder ) ctc (pmc)
[Entry date 02/20/96]
2/16/96 -- SUMMONS(ES) issued for Rainbow Family, Rainbow Fam. Vision, Rainbow Fam. Tribal, Rainbow Fam. Scout, Elizabeth A. Cremin, Francis Xavier Cobb, Jeffrey P. McConnaughey, James A. Pirtle, Laura Mae Evans, Jennifer M. Frydrychowski, William D. Adams, Eric W. Eastridge, David James Cappiello, Cari D. James, Robert J. Fuller, Rachel L. Vaughn, Timothy M. Monnot, Lisa Pettles, Grechen, K. Stuart, Sheila L. Gilmer, David C. Bessel, Curtis R. Tiedt, Chad D. Bulau, Yasmin N. Hidayatallah, Daniel A. Fountain, Andrea Greenstein, Shana A. Evans, Robert Norcross, William Wayne Crispin, Steven Williams. Consent(s) issued. (pmc)
[Entry date 02/20/96] [Edit date 02/27/96]
4 - 2/23/96 - NOTICE of attorney appearance for USA, by Reginald Luster (mfk)
5 - 2/26/96 - NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mfk)
6 - 2/26/96 - Return of service unexecuted as to Grechen K. Stuart (mfk)
[Entry date 02/27/96]
7 - 2/26/96 - Return of service unexecuted as to Andrea Greenstein (mfk)
[Entry date 02/27/96]
8 - 2/26/96 - Return of service unexecuted as to Elizabeth A. Cremin (mfk)
[Entry date 02/27/96]
9 - 2/26/96 - Return of service unexecuted as to William D. Adams (mfk)
[Entry date 02/27/96]
10 - 2/26/96 - Return of service unexecuted as to Francis Xavier Cobb (mfk)
[Entry date 02/27/96]
11 - 2/26/96 - Return of service unexecuted as to Adam LNU (mfk)
[Entry date 02/27/96]
12 - 2/26/96 - Return of service unexecuted as to Chad D. Bulau (mfk)
[Entry date 02/27/96]
13 - 2/26/96 - Return of service unexecuted as to William Wayne Crispin (mfk)
[Entry date 02/27/96]
14 - 2/26/96 - Return of service unexecuted as to Eric W. Eastridge (mfk)
[Entry date 02/27/96]
15 - 2/26/96 - Return of service unexecuted as to Laura Mae Evans (mfk)
[Entry date 02/27/96]
16 - 2/26/96 - Return of service unexecuted as to Daniel A. Fountain (mfk)
[Entry date 02/27/96]
17 - 2/26/96 - Return of service unexecuted as to Sheila L. Gilmer (mfk)
[Entry date 02/27/96]
18 - 2/26/96 - Return of service unexecuted as to Yasmin N. Hidayatallah (mfk)
[Entry date 02/27/96]
19 - 2/26/96 - Return of service unexecuted as to Cari D. James (mfk)
[Entry date 02/27/96]
20 - 2/26/96 - Return of service unexecuted as to Jeffrey P. Mcconnaughey (mfk)
[Entry date 02/27/96]
21 - 2/26/96 - Return of service unexecuted as to Timothy M. Monnot (mfk)
[Entry date 02/27/96]
22 - 2/26/96 - Return of service unexecuted as to Curtis R. Tiedt (mfk)
[Entry date 02/27/96]
23 - 2/26/96 - Return of service unexecuted as to Rachel L. Vaughn (mfk)
[Entry date 02/27/96]
24 - 2/26/96 - Return of service unexecuted as to Linexecuted as to Robert Norcross (mfk)
[Entry date 02/27/96]
26 - 2/26/96 - Return of service unexecuted as to Shana A. Evans (mfk)
[Entry date 02/27/96]
27 - 2/26/96 - Return of service unexecuted as to Butterfly LNU (mfk)
[Entry date 02/27/96]
28 - 2/26/96 - Return of service unexecuted as to Grechen LNU (mfk)
[Entry date 02/27/96]
29 - 2/26/96 - Return of service unexecuted as to K. Stuart (mfk)
[Entry date 02/27/96]
30 - 2/26/96 - RETURN OF SERVICE executed as to Two Bears LNU 2/16/96
Answer due on 3/7/96 for Two Bears LNU (mfk)
[Entry date 02/27/96]
31 - 2/26/96 - RETURN OF SERVICE executed as to David James Cappiello 2/16/96
Answer due on 3/7/96 for David James Cappiello (mfk)
[Entry date 02/27/96]
32 - 2/26/96 - RETURN OF SERVICE executed as to Robert J. Fuller 2/24/96
Answer due on 3/15/96 for Robert J. Fuller (mfk)
[Entry date 02/27/96]
33 - 2/26/96 - RETURN OF SERVICE executed as to David C. Bessel 2/22/96
Answer due on 3/13/96 for David C. Bessel (mfk)
[Entry date 02/27/96]
34 - 2/26/96 - RETURN OF SERVICE executed as to Jennifer M. Frydrychowski
2/22/96 Answer due on 3/13/96 for Jennifer M. Frydrychowski (mfk)
[Entry date 02/27/96]
35 - 2/26/96 - RETURN OF SERVICE executed as to James A. Pirtle 2/22/96
Answer due on 3/13/96 for James A. Pirtle (mfk)
[Entry date 02/27/96]
36 - 2/26/96 - RETURN OF SERVICE executed as to Jose LNU 2/24/96
Answer due on 3/15/96 for Jose LNU (mfk)
[Entry date 02/27/96]
37 - 2/26/96 - RETURN OF SERVICE executed as to John LNU 2/16/96
Answer due on 3/7/96 for John LNU (mfk)
[Entry date 02/27/96]
38 - 2/26/96 - RETURN OF SERVICE executed as to Bullwinkle LNU 2/16/96
Answer due on 3/7/96 for Bullwinkle LNU (mfk)
[Entry date 02/27/96]
39 - 2/26/96 - RETURN OF SERVICE executed as to Bob Jones 2/16/96
Answer due on 3/7/96 for Bob Jones (mfk)
[Entry date 02/27/96]
40 - 2/26/96 - RETURN OF SERVICE executed as to Steven Williams 2/16/96
Answer due on 3/7/96 for Steven Williams (mfk)
[Entry date 02/27/96]
41 - 2/26/96 - RETURN OF SERVICE executed as to Wakeem LNU 2/16/96
Answer due on 3/7/96 for Wakeem LNU (mfk)
[Entry date 02/27/96]
SUMMONS -- issued for Elizabeth A. Cremin, Francis Xavier Cobb, Jeffrey P. Mcconnaughey, Laura Mae Evans, William D. Adams, Eric W. Eastridge, Cari D. James, Rachel L. Vaughn, Timothy M. Monnot, Lisa Pettles, Sheila L. Gilmer, Curtis R. Tiedt, Chad D. Bulau, Yasmin N. Hidayatallah, Daniel A. Fountain, Andrea Greenstein, Shana A. Evans, Robert Norcross, William Wayne Crispin, K. Stuart. Consent issued. (mfk)
42 - 3/7/96 - UNOPPOSED MOTION by John LNU for extension of time to answer referred to Magistrate Judge Howard T. Snyder (jsf)
Proposed Order
43 - 3/7/96 - MOTION by Wakeem LNU for extension of time to answer referred to Magistrate Judge Howard T. Snyder (jsf)
44 - 3/11/96 - ORDER granting [42-1] motion for extension of time, reset answer due for 3/21/96 for John LNU granting [43-1] motion for extension of time, reset answer due for 4/10/96 for Wakeem LNU
45 - 3/12/96 - ANSWER to Complaint by Bullwinkle LNU; jury demand (mfk)
46 - 3/14/96 - MOTION by Glen Baxter to dismiss civil action in lieu of answer and subject to the facts (mfk)
47 - 3/14/96 - MOTION by Glen Baxter to extend time to respond to the complaint referred to Magistrate Judge Howard T. Snyder (mfk)
48 - 3/14/96 - RETURN OF SERVICE executed as to William D. Adams 3/5/96
Answer due on 3/25/96 for William D. Adams (mfk)

[Entry date 03/15/96]
49 - 3/14/96 - RETURN OF SERVICE executed as to Curtis R. Tiedt 3/7/96
Answer due on 3/27/96 for Curtis R. Tiedt (mfk)
[Entry date 03/15/96]
50 - 3/14/96 - RETURN OF SERVICE executed as to Cari D. James 3/11/96
Answer due on 4/1/96 for Cari D. James (mfk)
[Entry date 03/15/96]
51 - 3/14/96 - Return of service unexecuted as to Jeffrey P. Mcconnaughey (mfk)
[Entry date 03/15/96]
52 - 3/15/96 - Return of service unexecuted as to Francis Xavier Cobb (mfk)
53 - 3/19/96 - NOTICE of voluntary dismissal of defendant "John", a/k/a John Koessler, by USA (mfk)
54 - 3/19/96 - NOTICE of voluntary dismissal of defendant Jennifer M. Frydrychowski, by USA (mfk)
55 - 3/20/96 - MOTION to intervene by William Thomas referred to Magistrate Judge Howard T. Snyder (mfk)

Motion to Dismiss
56 - 3/20/96 - DECLARATION, by William Thomas (mfk)
57 - 3/20/96 - EX PARTE MOTION by William Thomas to proceed in forma pauperis referred to Magistrate Judge Howard T. Snyder (mfk)
3/20/96 - RECEIVED and RETURNED $20.00 check for copy of case file. Stephen Principle informed that copy of case file, at this time, is $46.50 (jsf)
58 - 3/21/96 - Return of service unexecuted as to Elizabeth A. Cremin (mfk)
59 - 3/21/96 - Return of service unexecuted as to Robert Norcross (mfk)
60 - 3/21/96 - RETURN OF SERVICE executed as to Eric W. Eastridg MOTION by Bullwinkle LNU to extend time to file a response to the complaint referred to Magistrate Judge Howard T. Snyder (mfk)
61 - 3/22/96 - DEFENDANT WILLIAMS' MOTION FOR EXTENSION OF TIME
62 - 3/29/96 - Return of service unexecuted as to Lisa Pettles (mfk)
63 - 3/29/96 - RESPONSE by USA to [55-1] motion to intervene by William Thomas (mfk)
64 - 4/3/96 - Return of service unexecuted as to Yasmin N. Hidayatallah (mfk)
[Entry date 04/04/96]
65 - 4/3/96 - RETURN OF SERVICE executed as to Rachel L. Vaughn 3/20/96
Answer due on 4/9/96 for Rachel L. Vaughn (mfk)
[Entry date 04/04/96]
66 - 4/3/96 - Return of service unexecuted as to Shana A. Evans (mfk)
[Entry date 04/04/96]
67 - 4/3/96 - RETURN OF SERVICE executed as to Laura Mae Evans 3/25/96
Answer due on 4/15/96 for Laura Mae Evans (mfk)
[Entry date 04/04/96]
68 - 4/3/96 - Return of service unexecuted as to Daniel A. Fountain (mfk)
[Entry date 04/04/96]
69 - 4/3/96 - Return of service unexecuted as to Andrea Greenstein (mfk)
[Entry date 04/04/96]
70 - 4/3/96 - Return of service unexecuted as to Chad D. Bulau (mfk)
[Entry date 04/04/96]
71 - 4/5/96 - MOTION by Wakeem LNU to extend time to answer the complaint referred to Magistrate Judge Howard T. Snyder (mfk)
72 - 4/16/96 - RETURN OF SERVICE executed as to Sheila L. Gilmer 3/29/96
Answer due on 4/18/96 for Sheila L. Gilmer (mfk)
73 - 4/22/96 - ANSWERAffidavit to Complaint by Laura Mae Evans (mfk)
74 - 4/24/96 - NOTICE of dismissal of defendant Laura Mae Evans by USA (mfk)
75 - 4/29/96 - MOTION by Glen Baxter to dismiss in lieu of answer and subject to the facts (mfk)
76 - 4/29/96 - MOTION by Glen Baxter to extend time to answer referred to Magistrate Judge Howard T. Snyder (mfk)
77 - 4/29/96 - CERTIFICATE OF SERVICE of [75-1] motion to dismiss in lieu of answer and subject to the facts, [76-1] motion to extend time to answer by Glen Baxter (mfk)
78 - 5/10/96 - Return of service unexecuted as to William Wayne Crispin (mfk)
79 - 5/10/96 - Return of service unexecuted as to K. Stuart (mfk)
80 - 5/10/96 - ORDER denying [55-1] motion to intervene by William Thomas; denying [57-1] motion to proceed in forma pauperis by Mr. Thomas; granting [61-1] motion to extend time to file a response to the complaint, set amended answer due for 5/20/96 for Bullwinkle LNU also known as Steven Williams; denying [71-1] motion to extend time to answer the complaint. Wakeem shall answer or other respond within 10 days. set answer due for 5/20/96 for Wakeem LNU; denying [76-1] motion to extend time to answer by Glen Baxter. (Signed by Magistrate Judge Howard T. Snyder ) ctc (mfk)
81 - 5/14/96 - MOTION by USA to extend time to move for certification of the defendant class referred to Magistrate Judge Howard T. Snyder (mfk)
82 - 5/20/96 - MOTION by Wakeem LNU to proceed in forma pauperis referred to Magistrate Judge Howard T. Snyder (mfk)
83 - 5/20/96 - DECLARATION/AFFIDAVIT of Wackem, aka William L. Barrie by Wakeem LNU Re: [82-1] motion to proceed in forma pauperis (mfk)
84 - 5/20/96 - MOTION by Wakeem LNU to dismiss for want of jurisdiction, and to dismiss Wackem, aka William L. Barrie, as defendant (mfk)
85 - 5/20/96 - AFFIDAVIT of Wackem, aka William L. Barrie by Wakeem LNU Re: [84-1] motion to dismiss for want of jurisdiction, [84-2] motion to dismiss Wackem, aka William L. Barrie, as defendant (mfk)
86 - 5/20/96 - CERTIFICATE OF SERVICE of [82-1] motion to proceed in forma pauperis, [83-1] affidavit, [84-2] motion to dismiss Wackem, aka William L. Barrie, as defendant, [84-1] motion to dismiss for want of jurisdiction, [85-1] affidavit by Wakeem LNU (mfk)
87 - 5/20/96 - MOTION by Bullwinkle LNU to dismiss (mfk)
88 - 5/22/96 - APPLICATION to intervene by William Thomas referred to Magistrate Judge Howard T. Snyder (mfk)
89 - 5/22/96 - MEMORANDUM by William Thomas in support of [88-1] motion to intervene by William Thomas (mfk)
90 - 5/22/96 - MOTION by William Thomas to proceed in forma pauperis referred to Magistrate Judge Howard T. Snyder (mfk)
91 - 5/22/96 - DECLARATION of indigence in support of request to proceed in forma pauperis, by William Thomas (mfk)
92 - 5/30/96 - RESPONSE by Glen Baxter to [80-1] order, Item 4 (mfk)
93 - 5/30/96 - MOTION by USA to dismiss, and for default judgment (mfk)
94 - 5/30/96 - MEMORANDUM by USA in support of [93-1] motion to dismiss, [93-2] motion for default judgment (mfk)
95 - 6/7/96 - RESPONSE by Wakeem LNU in opposition to [81-1] motion to extend time to move for certification of the defendant class (mfk)
96 - 6/11/96 - REPLY by USA to response to [81-1] motion to extend time to move for certification of the defendant class (mfk) [Entry date 06/12/96]
97 - 6/11/96 - RESPONSE by William Thomas in opposition to [93-2] motion for default judgment (pleading stricken per order #99) (mfk) [Edit date 07/29/96]
98 - 6/12/96 - MEMORANDUM by William Thomas in support of [97-1] opposition response (pleading stricken per order #99) (mfk) [Edit date 07/29/96]
99 - 7/29/96 - ORDER To the extent Glen Baxter seeks to intervene, by the filing of pleadings #46, #47, #75, #76, #92, his request is denied; Glen Baxter's [47-1] motion to extend time is rendered moot; denying "Wackem" also known as William L. Barrie's [82-1] motion to proceed in forma pauperis; denying [88-1] motion to intervene by William Thomas; striking the [97-1] opposition response and [98-1] support memorandum of William Thomas; denying [90-1] motion to proceed in forma pauperis by William Thomas; plaintiff's request for a stay, contained in plaintiff's response #96, is granted. The ruling on plaintiff's motion #81 is stayed pending resolution of plaintiff's motion to dismiss and for default judgment. ( Signed by Magistrate Judge Howard T. Snyder ) ctc (mfk)
-- - 8/12/96 - RETURN of order dated 07-29-96 addressed to Wakeem LNU marked "attempted-not known" (mfk)
100 - 8/21/96 - ORDER granting [93-1] motion to dismiss, and [93-2] motion for default judgment, and it is further ordered that: (A) a default judgment is hereby entered against all named defendants who have been served but have failed to file a responsive pleading to the complaint; and that each of these individuals is hereby enjoined from attending, conducting or participating in any way in a gathering within the national forests in the State of Florida and elsewhere in the United States in violation of the group use regulations, 36 C.F.R. S 251; a default judgment pursuant to Fed.R.Civ.P. Rule 55(a) is hereby entered against defendants: James Pirtle, William D. Adams, Eric Eastridge, James Cappiello, Cari D. James, Robert J. Fuller, Rachel L. Vaughn, Sheila L. Gilmer, David Bessel, "Jose," "Bob Jones," and "Two Bears". (B) this case is dismissed without prejudice as to the named defendants who have submitted responsive pleadings to the complaint. Action dismissed pursuant to Fed.R.Civ.P. 41(a)(2) as to "Wakeem" (a/k/a William L. Barrie), Curtis Tiedt, and "Bullwinkle" (a/k/a Stephen Williams). (C) this case is dismissed without prejudice as to all remaining named defendants. (D) the Clerk is directed to close the file. ( Signed by Judge Harvey E. Schlesinger on 08-20-96 at 5:15 p.m. ) ctc MFR Number 133/230 (mfk)
-- - 8/21/96 - CASE CLOSED. (mfk)

-- - 8/29/96 - RETURN of order dated 08-21-96 addressed to Wakeem marked "unclaimed" (mfk)

[END OF DOCKET: 3:96cv183]

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