McMurtrey v. Cleveringa
| Ryan McMurtrey |
| Kyle Cleveringa |
| 5:2020cv04048 |
| September 30, 2020 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| Leonard T Strand |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act - Civil Action for Deprivation of Rights |
| None |
Docket Report
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This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.
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Filing 37
JUDGMENT in favor of Kyle Cleveringa against Ryan McMurtrey: Plaintiff take nothing and this action is dismissed with prejudice. Signed by Clerk on 5/26/2022 (copy to Plt). (skm)
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Filing 36
ORDER granting #35 Motion to Dismiss. This case is hereby dismissed pursuant to Rule 41(b) due to plaintiff's failure to prosecute. As set forth in Rule 41(b), this dismissal operates as an adjudication on the merits and is therefore a dismissal with prejudice. Signed by Chief Judge Leonard T Strand on 5/26/2022 (copy to Plt). (skm)
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Filing 35
MOTION to Dismiss by Defendant Kyle Cleveringa Responses due by 5/24/2022 (Attachments: #1 Exhibit Letter to McMurtrey 5.3.22) (Phillips, Douglas)
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Filing 33
ORDER Continuing Trial and Staying Further Proceedings. #31 Motion to Withdrawal is granted and attorney Michael J Jacobsma is herby discharged from all further obligations as counsel in this case. Unless and until new counsel appears on plaintiffs behalf, plaintiff shall be deemed to be proceeding pro se. The trial of this case, scheduled to begin 04/25/2022 is hereby continued and this action is hereby stayed pending further order of the court. If plaintiff does not file a motion to lift the stay within sixty days of the date of this order, defendant may file a motion to dismiss. Signed by Chief Judge Leonard T Strand on 03/09/2022. (copy W/nef mailed to Pltf) (klh)
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Filing 32
Response to Motion re #31 MOTION to Withdraw filed by Kyle Cleveringa. (Phillips, Douglas)
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Filing 31
MOTION to Withdraw by Plaintiff Ryan McMurtrey (Jacobsma, Michael)
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Filing 30
AMENDED TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 4/25/2022 09:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Pretrial Conference set for 4/25/2022 08:30 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Final Pretrial Conference set for 4/11/2022 03:00 PM in Telephonic Hearing before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 4/8/2022. Signed by Chief Judge Leonard T Strand on 1/7/2022. (skm)
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Filing 29
ORDER. The trial of this case, which is currently scheduled to begin 2/14/2022, is hereby continued due to a conflict with the court's schedule. The final pretrial conference, currently scheduled for 2/1/2022, is also continued. My chambers will be in contact with counsel to select a new date for this trial. Signed by Chief Judge Leonard T Strand on 1/6/2022. (jag)
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Filing 28
MEMORANDUM OPINION AND ORDER denying #12 Cleveringa's Motion for Summary Judgment and #25 McMurtrey's Motion for Partial Summary Judgment. McMurtrey's #13 Cross Motion for Partial Summary Judgment is denied as moot. See Order text for details. Signed by Chief Judge Leonard T Strand on 1/6/2022. (jag)
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Filing 27
REPLY to Response to Motion re #25 MOTION for Summary Judgment filed by Ryan McMurtrey. (Jacobsma, Michael)
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Filing 26
RESISTANCE to Motion re #25 MOTION for Summary Judgment filed by Kyle Cleveringa. (Attachments: #1 Brief) (Phillips, Douglas)
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Filing 25
MOTION for Summary Judgment by Plaintiff Ryan McMurtrey Responses due by 9/9/2021 (Attachments: #1 Statement of Material Facts, #2 Brief) (Jacobsma, Michael)
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Filing 24
ORDER re #23 Motion for Extension of Time to file Motion for Partial Summary Judgment filed by Ryan McMurtrey (See Order text). Signed by Chief Judge Leonard T Strand on 8/18/2021. (des)
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Filing 23
MOTION for Extension of Time Motion for Partial Summary Judgment and Supporting Documents by Plaintiff Ryan McMurtrey (Jacobsma, Michael)
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Filing 22
ORDER denying without prejudice #18 Motion for extension of time to file motion for partial summary judgment (See Order text). The Clerks office shall strike #19 , #20 , and #21 motions. Signed by Chief Judge Leonard T Strand on 8/11/2021. (des)
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Filing 21
(STRICKEN) Plaintiff's Brief in Support of Partial Summary Judgment by Plaintiff Ryan McMurtrey (Jacobsma, Michael) Modified on 8/11/2021 to note stricken pursuant to #22 Order (des)
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Filing 20
(STRICKEN) Plaintiff's Undisputed Facts in Support of Partial Summary Judgment by Plaintiff Ryan McMurtrey (Jacobsma, Michael) Modified on 8/11/2021 to note stricken pursuant to #22 Order (des)
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Filing 19
(STRICKEN) MOTION for Partial Summary Judgment by Plaintiff Ryan McMurtrey (Jacobsma, Michael) Modified on 8/11/2021 to note stricken pursuant to #22 Order (des)
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Filing 18
Motion to Extend Time to File Partial Summary Judgment by Plaintiff Ryan McMurtrey Responses due by 8/31/2021 (Jacobsma, Michael) Modified docketing event on 8/11/2021 (des)
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Filing 17
RESISTANCE to #13 Cross-Motion for Partial Summary Judgment filed by Kyle Cleveringa. (Attachments: #1 Statement of Material Facts Response to, #2 Brief) (Phillips, Douglas) Modified text on 8/11/2021 (des)
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Filing 16
REPLY BRIEF to re #12 MOTION for Summary Judgment filed by Kyle Cleveringa. (Phillips, Douglas)
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Filing 15
BRIEF in Opposition re #12 MOTION for Summary Judgment filed by Ryan McMurtrey. (Jacobsma, Michael)
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Filing 14
Response to Defendant's Statement of Undisputed Material Facts re #12 MOTION for Summary Judgment filed by Ryan McMurtrey. (Jacobsma, Michael) Modified text on 8/11/2021 (des)
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Filing 13
CROSS MOTION for Partial Summary Judgment and Resistance to #12 Motion for Summary Judgment filed by Ryan McMurtrey. (Jacobsma, Michael) Modified on 8/11/2021 to correct event to be a motion pursuant to LTS chambers (des)
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Filing 12
MOTION for Summary Judgment by Defendant Kyle Cleveringa Responses due by 8/10/2021 (Attachments: #1 Statement of Material Facts, #2 Brief, #3 Appendix) (Phillips, Douglas)
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DOCKET Annotation re #12 MOTION for Summary Judgment : CD re appendix received and stored on clerk's drive (jag)
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Filing 11
** TEXT ORDER ONLY ** GRANTING #10 UNRESISTED Motion for Extension of Discovery Deadline filed by Defendant Kyle Cleveringa. Discovery deadline extended and now due by 7/8/2021. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 07/01/2021. (Gollhofer, Jami)
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Filing 10
UNRESISTED Motion for Extension of Discovery Deadline by Defendant Kyle Cleveringa (Phillips, Douglas)
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Filing 9
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 2/14/2022 at 9:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Telephonic Final Pretrial Conference set for 2/1/2022 at 3:00 PM before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 1/29/2022. Signed by Chief Judge Leonard T Strand on 11/20/2020. (pac)
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Filing 8
SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 11/16/2020 but not filed with the court. Add Parties Deadline due by 1/5/2021. Amended Pleadings due by 1/5/2021. Plaintiff's Expert Witness due by 2/5/2021. Defendant's Expert Witnesses due by 4/5/2021. Plaintiff's Rebuttal Experts due by 5/5/2021. Discovery due by 7/6/2021. Motions due by 8/6/2021. Trial Ready Deadline 1/10/2022. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 11/12/2020. (kms)
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Filing 7
MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E. Mahoney: Status Conference held on 11/6/2020. (Official Court Record: FTR Gold) (kms)
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Filing 6
** TEXT ORDER ONLY ** Setting Hearing - Scheduling Conference set for 11/6/2020 11:30 AM (Telephonic Hearing - please use dial-in hearing instructions to participate) before Chief Magistrate Judge Kelly K.E. Mahoney. The hearing will take place using the Court's conference bridge. The parties shall access the hearing by: (1) calling 877-336-1831, (2) enter access code 3495185 #, (3) press # to enter as a participant, (4) enter security code 1831 #. The call will become active upon the host (the Court) entering the conference bridge. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 11/03/2020. (Gollhofer, Jami)
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Filing 5
PROPOSED Scheduling Order and Discovery Plan by Defendant Kyle Cleveringa (Phillips, Douglas)
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Filing 4
ANSWER with Jury Demand to #1 Complaint, by Kyle Cleveringa.(Phillips, Douglas) Modified text on 10/20/2020 (mmc).
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Filing 3
NOTICE of Appearance by Douglas L Phillips on behalf of Kyle Cleveringa. (Phillips, Douglas)
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Filing 2
Summons Issued as to Kyle Cleveringa. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 Civil Actions new case packet) (des)
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Filing 1
COMPLAINT With Jury Demand against Kyle Cleveringa (Filing fee $400 receipt number AIANDC-3296392) filed by Ryan McMurtrey. Scheduling Report due by 12/29/2020 (Attachments: #1 Civil Cover Sheet) (Jacobsma, Michael) Modified text on 9/30/2020 (des)
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Chief Judge Leonard T Strand and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (des)
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| Defendant: Kyle Cleveringa | |
| Represented By: | Douglas L Phillips |
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| Plaintiff: Ryan McMurtrey | |
| Represented By: | Michael Jon Jacobsma |
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