Rutledge v. Sansing et al
| Laventra Denice Rutledge |
| Tim Pope, Kenneth Peters, Christie Sansing, Phyllis Morgan, Cory Eller, J Rodgers, C Dean, G Griffin, Billy Kennedy, P & M Mechanical Inc, Taylor Electrical Contractors Inc, LS&R LLC, Automated Logic Corporation, ADCO Companies Ltd, Southeastern Temperature Controls Inc doing business as STC Worldwide, Automated Logic Contracting Services Inc and STC Worldwide LLC |
| 2:2021cv00226 |
| February 12, 2021 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| P.I.: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 63
TEXT ORDER - Before the court is Stephen C. Rogers Motion to Withdraw as Attorney #60 . The Motion #60 is GRANTED. Attorney Stephen C. Rogers is hereby TERMINATED. Signed by Judge R David Proctor on 6/30/2022. (KAM)
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| Filing 62 The Correctional Wardens' ANSWER to #57 Amended Complaint by Phyllis Morgan, Kenneth Peters.(Lunsford, William) |
| Filing 61 STIPULATION Confidentiality Stipulation and Protective Order by C Dean, Cory Eller, G Griffin, Phyllis Morgan, Kenneth Peters, Tim Pope, J Rodgers, Christie Sansing. filed by C Dean, Cory Eller, G Griffin, Phyllis Morgan, Kenneth Peters, Tim Pope, J Rodgers, Christie Sansing (Lunsford, William) |
| Filing 60 MOTION to Withdraw as Attorney by Phyllis Morgan, Kenneth Peters. (Rogers, Stephen) |
| Filing 59 Summons Issued as to C Dean, G Griffin, J Rodgers delivered to plaintiff for service (KAM) |
| Filing 58 STATUS REPORT Joint Status Report by Laventra Denice Rutledge. filed by Laventra Denice Rutledge (Smith, L) |
| Filing 57 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Laventra Denice Rutledge. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, L) |
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Filing 56
TEXT ORDER Before the court is Plaintiffs Motion for Leave to File Second Amended Complaint #55 . The Motion #55 is GRANTED. Plaintiff SHALL file the Second Amended Complaint on or before June 27, 2022.. Signed by Judge R David Proctor on 6/16/2022. (KAM)
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| Filing 55 MOTION to Amend/Correct Motion for Leave to File Second Amended Complaint by Laventra Denice Rutledge. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Smith, L) |
| Filing 54 NOTICE of Appearance by Mary Landon Whatley on behalf of Phyllis Morgan, Kenneth Peters (Whatley, Mary) |
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Filing 53
TEXT ORDER Before the court is Defendant Popes Motion to Join Limited Discovery #45 . Following the courts directive in the June 3, 2022 status conference, the Motion #45 is GRANTED. In addition, counsel has informed the court that other parties will be filing qualified immunity motions and Plaintiff will be adding more defendants via an amended complaint. Counsel for the parties and counsel for the Alabama Department of Corrections SHALL meet and confer via Zoom to discuss a schedule for discovery on qualified immunity as to each Defendant and, as Plaintiff indicated in the conference, possible additional defendants. On or before June 17, 2022, the parties SHALL file a joint report with a proposed schedule for a new set of deadlines to name additional parties and for qualified immunity discovery and motion practice that are designed to secure the just, speedy, and inexpensive determination of these proceedings. Signed by Judge R David Proctor on 6/3/2022. (KAM)
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| Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 6/3/2022. (KLL) |
| Filing 52 NOTICE of Appearance by Steve Keith Herndon on behalf of Cory Eller (Herndon, Steve) |
| Filing 51 REPLY to Response to Motion re #45 MOTION for Joinder to be included in Qualified Immunity Discovery filed by Tim Pope. (Herndon, Steve) |
| Filing 50 AMENDED ANSWER to #17 Amended Complaint by Tim Pope. (Herndon, Steve) |
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Filing 49
TEXT ORDER Before the court is Defendant Popes Unopposed Motion to Amend #47 . The Motion #47 is GRANTED. Defendant Pope SHALL file his amended answer on or before June 10, 2022. Signed by Judge R David Proctor on 5/31/2022. (KAM)
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| Filing 48 RESPONSE to Motion re #45 MOTION for Joinder to be included in Qualified Immunity Discovery Plaintiff's Response to Motion to Include Defendant Pope in Qualified Immunity Discovery filed by Laventra Denice Rutledge. (Smith, L) |
| Filing 47 Unopposed MOTION to Amend/Correct Answer by Tim Pope. (Attachments: #1 Amended Answer)(Herndon, Steve) |
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Filing 46
TEXT ORDER - Before the court is Defendant Popes Motion to Join Limited Discovery #45 . The parties are REMINDED to brief the issue in accordance with exhibit B to the courts Initial Order #10 . Also, the court SETS this matter for a telephonic conference on Friday, June 3, 2022 at 10:00 A.M. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965 Signed by Judge R David Proctor on 5/24/2022. (KAM)
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| Filing 45 MOTION for Joinder to be included in Qualified Immunity Discovery by Tim Pope. (Herndon, Steve) |
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Filing 44
TEXT ORDER Before the court is Defendant Correctional Supervisors Unopposed Motion for Extension of Deadlines Regarding Qualified Immunity Defense #43 . The Motion #43 is GRANTED. The deadline for the parties to conduct discovery limited to whether Defendants Morgan and Peters are entitled to qualified immunity is EXTENDED to July 5, 2022, and the accompanying dispositive motion deadline is EXTENDED to July 22, 2022. Signed by Judge R David Proctor on 4/15/2022. (KAM)
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| Filing 43 Unopposed MOTION for Extension of Time Correctional Supervisors' Motion for Extension of Deadlines Regarding Qualified Immunity Defense by Phyllis Morgan, Kenneth Peters, Tim Pope. (Rogers, Stephen) |
| Filing 42 NOTICE of Appearance by Matthew B Reeves on behalf of Phyllis Morgan, Kenneth Peters (Reeves, Matthew) |
| Filing 41 NOTICE of Appearance by Stephen C Rogers on behalf of Phyllis Morgan, Kenneth Peters (Rogers, Stephen) |
| Filing 40 NOTICE of Appearance by William R Lunsford on behalf of Phyllis Morgan, Kenneth Peters (Lunsford, William) |
| Filing 39 NOTICE of Appearance by Thomas A McKnight, Jr on behalf of Christie Sansing (McKnight, Thomas) |
| Filing 38 NOTICE of Appearance by Ben Bainbridge Robinson on behalf of Christie Sansing (Robinson, Ben) |
| Filing 37 NOTICE of Appearance by Albert L Jordan on behalf of Christie Sansing (Jordan, Albert) |
| Filing 36 NOTICE of Appearance by Steve Keith Herndon on behalf of Tim Pope (Herndon, Steve) |
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Filing 35
TEXT ORDER - This matter is before the court on the Defendants Second Motion for Extension of Time #34 . The Motion #34 is GRANTED. The deadline for the parties to conduct discovery limited to whether Defendants Morgan and Peters are entitled to qualified immunity is extended to May 6, 2022, and the accompanying dispositive motion deadline is extended to May 23, 2022. Signed by Judge R David Proctor on 2/23/2022. (KAM)
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| Filing 34 Second MOTION for Extension of Time , Second MOTION for Extension of Time to Complete Discovery by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart) |
| Filing 33 NOTICE of Appearance by Lieselotte Carmen-Burks on behalf of Laventra Denice Rutledge (Carmen-Burks, Lieselotte) |
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Filing 32
TEXT ORDER - This matter is before the court on the parties' Joint Motion for Extension of Time #31 . The Motion #31 is GRANTED. The deadline for the parties to conduct discovery limited to whether Defendants Morgan and Peters are entitled to qualified immunity is extended to March 7, 2022, and the accompanying dispositive motion deadline is extended to March 23, 2022. Signed by Judge R David Proctor on 12/15/2021. (KEK)
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| Filing 31 Joint MOTION for Extension of Time by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart) |
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Filing 30
ORDER the parties are to conduct discovery limited to whether Defendants Morgan and Peters are entitled to qualified immunity; Discovery due by 1/8/2022. Dispositive Motions due by 1/24/2022.. Signed by Judge R David Proctor on 9/30/2021. (KAM)
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Filing 29
MEMORANDUM OPINION AND ORDER This matter is before the court on Defendants Peters and Morgan's #21 Motion to Dismiss Plaintiff's Complaint; the motion is DENIED WITHOUT PREJUDICE; However, it is necessary for the parties to conduct discovery specifically targeted at these qualified immunity defenses. The court will address scheduling deadlines related to that specific discovery in a separate order. Signed by Judge R David Proctor on 9/30/2021. (KAM)
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| Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 9/30/2021. A separate Scheduling Order will be entered by the court. (KLL) |
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Filing 28
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 9/30/2021 09:30 AM before Judge R David Proctor. The conference will be held by telephone. Counsel for Plaintiff and Defendants are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 9/23/2021. (KAM)
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| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Smith, L) |
| Filing 26 RESPONSE to Motion re #21 MOTION to Dismiss Amended Complaint filed by Laventra Denice Rutledge. (Smith, L) |
| Filing 25 NOTICE of Appearance by Thomas Michael McCarthy on behalf of Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing (McCarthy, Thomas) |
| Filing 24 Evidentiary Material re: #17 Amended Complaint . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, L) |
| Filing 23 NOTICE by Laventra Denice Rutledge Plaintiff's Notice of Filing (Smith, L) |
| Filing 22 Brief re #21 MOTION to Dismiss Amended Complaint by Defendants Peters and Morgan. (Harmon, Bart) |
| Filing 21 MOTION to Dismiss Amended Complaint by Phyllis Morgan, Kenneth Peters. (Harmon, Bart) |
| Filing 20 ANSWER to #17 Amended Complaint by Cory Eller, Tim Pope, Christie Sansing.(Harmon, Bart) |
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Filing 19
TEXT ORDER This matter is before the court on Defendants unopposed Motion for Extension of Time #18 to file response to Plaintiffs amended complaint. For good cause shown, the Motion #18 is GRANTED. Defendants SHALL file their response on or before August 2, 2021. Signed by Judge R David Proctor on 7/20/2021. (KAM)
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| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint, #17 Amended Complaint filed by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart) |
| Filing 17 AMENDED COMPLAINT against All Defendants, filed by Laventra Denice Rutledge.(Goldfarb, Jon) |
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Filing 16
MEMORANDUM OPINION AND ORDER the Clerk of Court is DIRECTED to ADMINISTRATIVELYTERMINATE Defendants' Motion to Dismiss Plaintiffs Complaint (Doc. # 8), and on or before July 7, 2021, Plaintiff may file an amended complaint to more specifically plead her claim against Defendants. Failure to file such an amended complaint will result in dismissal of this action for failure to state a claim. Signed by Judge R David Proctor on 6/8/2021. (KAM)
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| Filing 15 REPLY Brief filed by Defendants Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing re: #12 Response in Opposition to Motion to Dismiss filed by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart) |
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Filing 14
TEXT ORDER - This matter is before the court on Defendants unopposed Motion for Extension of Time #13 to file their reply to Plaintiffs Response #8 . For good cause shown, the Motion #13 is GRANTED. Defendants SHALL file their reply on or before April 30, 2021. Signed by Judge R David Proctor on 4/28/2021. (KAM)
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| Filing 13 First MOTION for Extension of Time UNOPPOSED by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart) |
| Filing 12 RESPONSE in Opposition re #8 MOTION to Dismiss filed by Laventra Denice Rutledge. (Smith, L) |
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Filing 11
TEXT ORDER - This matter is before the court on Defendants' Motion to Dismiss. #8 . The parties are REMINDED to brief the Motion #8 under Exhibit B to the court's Initial Order. #10 . Signed by Judge R David Proctor on 4/21/2021. (KAM)
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Filing 10
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 4/15/2021. (KAM)
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Filing 9
Brief re #8 MOTION to Dismiss . (Harmon, Bart)
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Filing 8
MOTION to Dismiss by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart)
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Filing 7
TEXT ORDER - This matter is before the court on Defendants unopposed Motion for Extension of Time to File Response to Plaintiffs Complaint #6 . For good cause shown, the Motion #6 is GRANTED. Defendants SHALL respond to Plaintiffs Complaint #1 on or before April 12, 2021. Signed by Judge R David Proctor on 3/15/2021. (KAM)
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Filing 6
MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing. (Harmon, Bart)
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Filing 5
SUMMONS Returned Executed by Laventra Denice Rutledge. Cory Eller served on 2/19/2021, answer due 3/12/2021; Phyllis Morgan served on 2/19/2021, answer due 3/12/2021; Tim Pope served on 2/19/2021, answer due 3/12/2021. (Smith, L)
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Filing 4
SUMMONS Returned Executed by Laventra Denice Rutledge. Kenneth Peters served on 2/19/2021, answer due 3/12/2021. (Smith, L)
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Filing 3
NOTICE of Appearance by Bart G Harmon on behalf of Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing (Harmon, Bart)
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Filing 2
Summons Issued as to Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing delivered to plaintiff for service (KAM)
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Filing 1
COMPLAINT against Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing, filed by Laventra Denice Rutledge. (Attachments: #1 Exhibit A)(KAM)
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Filing Fee: Filing fee $ 402, receipt_number 1126-3776023 (B4601111475). related document #1 COMPLAINT against Cory Eller, Phyllis Morgan, Kenneth Peters, Tim Pope, Christie Sansing, filed by Laventra Denice Rutledge. (Attachments: # 1 Exhibit A) (KAM). (Goldfarb, Jon) Modified on 2/17/2021 (MEB2).
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