Perry v. Richardson et al
Plaintiff: Elwood Franklin Perry, Jr. and Elwood Perry
Defendant: Austin Richardson, Fremont County, Iowa and Zachary Buttercase
Case Number: 1:2020cv00035
Filed: November 8, 2020
Court: US District Court for the Southern District of Iowa
Presiding Judge: Stephen B Jackson
Referring Judge: John A Jarvey
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 vp
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2020 Opinion or Order Filing 21 ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See order for deadlines and form. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/22/2020. (jeb)
December 22, 2020 Opinion or Order Filing 20 SCHEDULING AND TRIAL SETTING ORDER. Jury Trial set to begin 5/31/2022 9:00 AM for estimated 4 days in Council Bluffs Courthouse before Chief Judge John A. Jarvey. Final Pretrial Conference set for 4/27/2022 10:00 AM in Council Bluffs Courthouse before Magistrate Judge Stephen B. Jackson, Jr. Initial Disclosures due by 1/5/2021. Motions to Amend Pleadings due by 2/16/2021. Motions to Add Parties due by 2/16/2021. Plaintiff Expert Witness Disclosures due by 3/16/2021. Defendants Expert Witness Disclosures due by 5/17/2021. Plaintiff Rebuttal Expert Witness Disclosures due by 6/17/2021. Discovery Deadline 8/16/2021. Dispositive Motion Deadline 9/16/2021. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/22/2020. (jeb)
December 22, 2020 Opinion or Order Filing 19 TEXT ORDER granting in part #12 Defendants' Motion to Consolidate. As agreed to by counsel, this case will be consolidated with Case No. 1:20-cv-00033-JAJ-SBJ for the limited purposes of discovery and pretrial matters. Whether the cases will be consolidated for trial will be determined at a later date. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/22/2020. (jeb)
December 22, 2020 Filing 18 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Stephen B. Jackson, Jr.: Telephonic Scheduling Conference held on 12/22/2020. Attorney Jack Bjornstad appeared for plaintiff. Attorney Kristopher Madsen appeared for defendants. Scheduling order to be entered. Court Time: 11 mintes. (jeb)
December 15, 2020 Filing 17 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Bjornstad, Jack)
December 11, 2020 Opinion or Order Filing 16 TEXT ORDER granting #13 and #15 Defendants' Motions to Continue Scheduling Conferences and If Appropriate Consolidate Telephonic Scheduling Conferences. The Telephonic Scheduling Conference will be held on December 22, 2020 at 10:00 AM in conjunction with Case No. 1:20-cv-00033-JAJ-SBJ. As before, the parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. 16 by December 17, 2020. To join the conference, counsel shall call 866-590-5055 and utilize access code 8811585. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/11/2020. (jeb)
December 11, 2020 Filing 15 Supplemental MOTION to Continue TELEPHONIC SCHEDULING CONFERENCE by Zachary Buttercase, Fremont County, Iowa, Austin Richardson.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/28/2020. (Madsen, Kristopher)
December 10, 2020 Opinion or Order Filing 14 TEXT ORDER FOR L.R. 7(k) STATEMENT: Defendants' counsel shall confer with counsel for plaintiff as required pursuant to Local Rule 7(k) as to whether plaintiff consents to Defendants' Motion to Continue Telephonic Scheduling Conferences #13 and then file a supplementation to the motion by December 15, 2020, indicating plaintiff's position including counsel's availability to reschedule the conference as proposed by defendants. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/10/2020. (jeb)
December 10, 2020 Filing 13 MOTION to Continue TELEPHONIC SCHEDULING CONFERENCE by Zachary Buttercase, Fremont County, Iowa, Austin Richardson.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/24/2020. (Madsen, Kristopher)
December 10, 2020 Filing 12 MOTION to Consolidate Cases by Zachary Buttercase, Fremont County, Iowa, Austin Richardson.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/24/2020. (Attachments: #1 Brief in Support)(Madsen, Kristopher)
December 9, 2020 Opinion or Order Filing 11 TEXT ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: A Telephonic Scheduling Conference will be held on December 22, 2020 at 2:30 PM before Magistrate Judge Stephen B. Jackson, Jr. The parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. 16 by December 17, 2020. To join the conference, counsel shall call 866-590-5055 and utilize access code 8811585. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/9/2020. (jeb)
December 9, 2020 Filing 10 NOTICE of Appearance by Robert M. Livingston on behalf of Zachary Buttercase, Fremont County, Iowa, Austin Richardson (Livingston, Robert)
December 9, 2020 Filing 9 ANSWER to Complaint by Zachary Buttercase, Fremont County, Iowa, Austin Richardson.(Madsen, Kristopher)
December 1, 2020 Filing 8 SUMMONS Returned Executed by Elwood Perry. Austin Richardson served on 11/11/2020, answer due 12/2/2020. (Bjornstad, Jack)
December 1, 2020 Filing 7 SUMMONS Returned Executed by Elwood Perry. Zachary Buttercase served on 11/11/2020, answer due 12/2/2020. (Bjornstad, Jack)
December 1, 2020 Filing 6 SUMMONS Returned Executed by Elwood Perry. Fremont County, Iowa served on 11/12/2020, answer due 12/3/2020. (Bjornstad, Jack)
November 30, 2020 Filing 5 CERTIFICATE OF SERVICE by Elwood Perry (Bjornstad, Jack)
November 30, 2020 Filing 4 CERTIFICATE OF SERVICE by Elwood Perry (Bjornstad, Jack)
November 30, 2020 Filing 3 CERTIFICATE OF SERVICE by Elwood Perry (Bjornstad, Jack)
November 10, 2020 Filing 2 Summons Note: Counsel should download the attached summons. In compliance with Rule 4 of the Rules of Civil Procedure for summons. (don)
November 8, 2020 Filing 1 COMPLAINT against Zachary Buttercase, Fremont County, Iowa, Austin Richardson Filing fee paid in the amount of $ 400, receipt number 0863-4297230., filed by Elwood Franklin Perry, Jr. Notice of Dismissal for lack of Service deadline set for 2/6/2021. Rule 16 Notice of Dismissal set for 2/6/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Bjornstad, Jack) Modified on 11/9/2020 updated receipt number (don).

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Defendant: Austin Richardson
Represented By: Kristopher K. Madsen
Represented By: Robert M. Livingston
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Defendant: Fremont County, Iowa
Represented By: Kristopher K. Madsen
Represented By: Robert M. Livingston
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Defendant: Zachary Buttercase
Represented By: Kristopher K. Madsen
Represented By: Robert M. Livingston
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Plaintiff: Elwood Franklin Perry, Jr.
Represented By: Jack Bjornstad
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Plaintiff: Elwood Perry
Represented By: Jack Bjornstad
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