Bivens v. Bryant, City of
| Mary Bivens doing business as B&M Mobile Home Park |
| Bryant, City of |
| Mary Bivens |
| 4:2015cv00515 |
| August 17, 2015 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Saline |
| D P Marshall |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 2, 2016. A more recent docket listing may be available from PACER.
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| Filing 44 TRANSCRIPT of Motions Hearing Proceedings held on October 13, 2016, before Judge D.P. Marshall, Jr. Court Reporter Christa Jacimore. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 11/14/2016. Redaction Request due 11/23/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 1/31/2017. (fcd) |
| Filing 43 JUDGMENT: Bivens's water-and-sewer charges claim is dismissed without prejudice. All other claims are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 10/14/2016. (jak) |
Filing 42
ORDER granting #21 MOTION for Summary Judgment with a supplement and a caveat. The supplement: The Court declines to rule on Bryant's immunity point, but agrees with the city on no foreseeability on the state law claims. All Bivens's claims but one fail as a matter of law; they will be dismissed with prejudice. The caveat: whatever Arkansas law quasi-contract claim Bivens may have about her water-and-sewer charges is carved out. It will be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 10/14/2016. (jak)
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| Filing 41 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge D. P. Marshall Jr.: On 13 October 2016,the Court heard oral argument from counsel for the parties on the pending Motion for Summary Judgment. Motion for Summary Judgment granted. Order to follow. (For Plaintiff: S. McMath; for Defendant: C. Madison and M. Mosley; and Court Reporter: Christa Jacimore). (slb) |
| Filing 40 NOTICE of Oral Argument on MOTION for Summary Judgment, No. 21: Oral Argument set for 10/13/2016 at 1:30 PM in Little Rock Courtroom # B-155 before Judge D. P. Marshall Jr. (slb) |
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Filing 39
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Opposed motion, No. #37 , granted. The Court's staff will coordinate a prompt date. Signed by Judge D. P. Marshall Jr. on 9/26/2016. (slb)
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| Filing 38 RESPONSE to Motion re #37 MOTION for Order filed by Bryant, City of. (Mosley, Michael) |
| Filing 37 REQUEST for Oral Argument by Mary Bivens (jap) |
| Filing 36 PLAINTIFF'S Concurrence With Defendant's Statement of Undisputed Material Facts re 34 #23 filed by Mary Bivens. (jap) |
| Filing 35 REPLY to Response to Motion re #21 MOTION for Summary Judgment filed by Bryant, City of. (Mosley, Michael) |
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Filing 34
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court requests that Plaintiff file a responding statement of material facts, per Local Rule 56.1 and the procedure outlined in the Final Scheduling Order, No. #16 at 34. Plaintiff's responding statement due 14 September 2016. Defendant's unopposed motion, No. #33 , granted as modified. Reply due 21 September 2016. Signed by Judge D. P. Marshall Jr. on 9/2/2016. (slb)
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, #32 Response in Opposition to Motion by Bryant, City of (Mosley, Michael) |
| Filing 32 RESPONSE in Opposition re #21 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 EX H, #2 EX I, #3 EX J, #4 EX K, #5 EX l and EX M)(McMath, Sandy) |
| Filing 31 BRIEF IN SUPPORT re #32 Response in Opposition filed by All Plaintiffs. (McMath, Sandy)(Docket text modified on 8/30/2016 to correct the description of the document filed).(jak) |
| NOTICE OF DOCKET CORRECTION re #31 Response in Opposition. CORRECTION: The docket text was modified to correct the description of the document filed as "BRIEF IN SUPPORT re #32 Response in Opposition". (jak) |
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Filing 30
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #29 , granted. Response due by 29 August 2016. Please follow the Final Scheduling Order's directions in the responding papers. No. #16 at 3-4. Any reply due by 15 September 2016. The Court can't keep the 11 October 2016 trial setting. It must try an older case that week. The Final Scheduling Order is therefore suspended. If we need a trial, an Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 8/26/2016. (slb)
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| Filing 29 PLAINTIFF'S Motion for a 2-Day Extension of Time to File to File Response and Brief to Defendant's Summary Judgment Motion. #21 by Mary Bivens (jap) |
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Filing 28
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #27 , granted. Responding papers due by 25 August 2016. Please follow the Final Scheduling Order's directions in the responding papers. No. #16 at 34. Any reply due by 1 September 2016. The other pretrial deadlines remain. Signed by Judge D. P. Marshall Jr. on 8/16/2016. (slb)
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| Filing 27 MOTION for Further Extension of Time of Ten Days to Respond to Defendant's #21 Motion for Summary Judgment by Mary Bivens. (scw) |
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Filing 26
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #25 , granted. Responding papers due by 15 August 2016. Please follow the Final Scheduling Order's directions in the responding papers. No. #16 at 3-4. Any reply due by 22 August 2016. The other pretrial deadlines remain. Signed by Judge D. P. Marshall Jr. on 7/22/2016. (slb)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #23 Statement of Facts (Local Rule 56.1), #21 MOTION for Summary Judgment , #22 Brief in Support by Mary Bivens (McMath, Sandy) |
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Filing 24
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Joint report, No. #20 , noted and appreciated. Signed by Judge D. P. Marshall Jr. on 7/14/2016. (slb)
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| Filing 23 STATEMENT OF FACTS (Local Rule 56.1) re #21 Motion for Summary Judgment, #22 Brief in Support filed by Bryant, City of. (Mosley, Michael) |
| Filing 22 BRIEF IN SUPPORT re #21 Motion for Summary Judgment filed by Bryant, City of. (Mosley, Michael) |
| Filing 21 MOTION for Summary Judgment by Bryant, City of (Attachments: #1 Exhibit A-C1, #2 Exhibit C2, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G)(Mosley, Michael) |
| Filing 20 STATUS REPORT (JOINT) by Bryant, City of. (Mosley, Michael) |
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Filing 19
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Joint report, No. #17 , noted and appreciated. Unopposed motion, No. #18 , denied. The proposal would jam up the other pretrial deadlines. No sufficient reason has been shown for amending the Scheduling Order again. Signed by Judge D. P. Marshall Jr. on 5/8/2016. (slb)
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| Filing 18 MOTION for Extension of Time for the Parties Designations of Expert Witnesses and Their Report Submissions by Mary Bivens (jap) |
| Filing 17 STATUS REPORT by Bryant, City of. (Mosley, Michael) |
| Filing 16 FINAL SCHEDULING ORDER: Jury Trial reset for 10/11/2016 at 9:30 AM in Little Rock Courtroom # 1A before Judge D. P. Marshall Jr. Discovery due by 7/5/2016. Motions due by 7/13/2016. Pretrial Disclosure Sheet due by 9/12/2016. Signed at the direction of the Court on 11/6/2015. (slb) |
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Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Joint report, No. #13 , noted and appreciated. Unopposed motion, No. #14 , granted. These extensions jam up the pretrial deadlines. So the Court will issue an amended final scheduling order. Signed by Judge D. P. Marshall Jr. on 11/4/2015. (slb)
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| Filing 14 MOTION to Extend Time to Designate Experts and Complete Discovery by Mary Bivens (jap) |
| Filing 13 STATUS REPORT (Joint) by Bryant, City of. (Mosley, Michael) |
| Filing 12 ANSWER to #7 Counterclaim by Mary Bivens. (jap) |
| Filing 11 FINAL SCHEDULING ORDER: Jury Trial set for 4/4/2016 at 9:30 AM in Little Rock Courtroom # 1A before Judge D. P. Marshall Jr. Discovery due by 12/28/2015. Motions due by 1/5/2016. Pretrial Disclosure Sheet due by 3/4/2016. Signed at the direction of the Court on 9/28/2015. (slb) |
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Filing 10
ORDER: Bivens doesn't appear to need injunctive relief at this time. If all parties believe a quick settlement conference before a Magistrate Judge would be useful, they should jointly ask for one by 10/09/2015. To move things along, the Court relieves the parties of their Rule 26(f) obligations. Initial disclosures due by 10/13/2015. A final Scheduling Order, with an expedited schedule, will issue. Signed by Judge D. P. Marshall Jr. on 09/28/2015. (rhm)
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| Filing 9 CERTIFICATE of Counsel Entry of Appearance by Richard Christopher Madison on behalf of All Defendants (Madison, Richard) |
| Filing 8 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION to Expedite MOTION for Hearing filed by Bryant, City of. (Attachments: #1 Exhibit A - Photos, #2 Exhibit B - Violation Notice)(Mosley, Michael) |
| Filing 7 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Mary Bivens by Bryant, City of. (Attachments: #1 Exhibit A - Photos, #2 Exhibit B - Violation Notice)(Mosley, Michael) |
| Filing 6 AFFIDAVIT of Service of summons and complaint, filed by Mary Bivens. Mayor Jill Dabbs served 8/25/15 (jap) |
| Filing 5 AFFIDAVIT of Service of summons and complaint, filed by Mary Bivens. Bryant, City of served on 8/25/2015. (jap) |
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Filing 4
ORDER granting in part and denying in part #3 Motion. The Court cannot grant a temporary restraining order based solely on the papers because they're not verified. The motion also lacks some important details: How much of an arrearage exists? And how much can Bivens pay each month in relation to the full monthly bill? As soon as Bivens files proof of good service of process and the motion on the City, the Court will set a quick hearing to see if injunctive relief is needed or justified. Signed by Judge D. P. Marshall Jr. on 8/27/2015. (jak)
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| Filing 3 MOTION for Interim Restraining Order, MOTION for Expedited Discovery Scheduling Order, and MOTION for Preliminary Hearing filed by Mary Bivens. (mef) |
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Filing 2
ORDER: The Court notes Bivens's complaint. Her embedded request for injunctive relief is denied without prejudice. If the request is renewed in a separate paper, counsel should contact chambers to get a hearing date, which the Court will set promptly. Signed by Judge D. P. Marshall Jr. on 8/19/2015. (jak)
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| Summons Issued as to Bryant, City of and returned to counsel for service. (mef) |
| Filing 1 COMPLAINT filed by Mary Bivens against the City of Bryant, Fee in the amount of $400.00 paid, Receipt Number LIT052807, (no summonses were issued) (Attachments: #1 Civil Cover Sheet)(tjb) |
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