Dickey v. Turner Construction Company

Plaintiff: Michael Dickey
Defendant: Turner Construction Company
Case Number: 4:2019cv00154
Filed: May 22, 2019
Court: US District Court for the Southern District of Iowa
Presiding Judge: Helen C Adams
Referring Judge: Robert W Pratt
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 20 TEXT ORDER RE-SCHEDULING MOTION HEARING 13 . Due to the recent change in judicial officer, the Motion hearing set for 7/10/2019 is continued to 8/5/2019 at 10:00 AM in Des Moines - Room 460 - 4th Floor North before Chief Magistrate Judge Helen C. Adams. Signed by Chief Magistrate Judge Helen C. Adams on 7/9/2019. (imk)
July 8, 2019 Opinion or Order Filing 19 ORDER. IT IS ORDERED that this case is referred to a United States Magistrate Judge to conduct all further proceedings and enter judgment in accordance with 28 U.S.C. 636(c) and the consent of the parties.. Signed by Senior Judge Robert W. Pratt on 7/8/2019. (slg)
July 8, 2019 Chief Magistrate Judge Helen C. Adams added. Chief Magistrate Judge Helen C. Adams as referral judge and Senior Judge Robert W. Pratt no longer assigned to case. (slg)
July 8, 2019 Filing 18 NOTICE of Consent(s) by Turner Construction Company re #16 Order, 14 Scheduling Conference, #15 Order Regarding Proposed Scheduling Order and Discovery Plan,,, #17 Order,,,, Set Hearings,,, Consent to Proceed before US Magistrate Judge (Cunningham, Thomas)
July 3, 2019 Opinion or Order Filing 17 ORDER SETTING STATUS CONFERENCES. Status Conference set for 10/3/2019 09:30 AM in Phone Hearing before Chief Magistrate Helen C. Adams. Status Conference set for 12/3/2019 09:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 1/31/2020 09:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 4/3/2020 09:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 6/3/2020 09:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 8/3/2020 09:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783 to join the call. Signed by Chief Magistrate Judge Helen C. Adams on 7/3/2019. (k)
July 3, 2019 Opinion or Order Filing 16 ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 7/3/2019. (k)
July 3, 2019 Opinion or Order Filing 15 ORDER adopting #12 REGARDING PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 8/9/2019. Motions to Add Parties due by 9/16/2019. Motions to Amend Pleadings due by 9/16/2019. Plaintiffs Expert Witness Disclosures due by 10/17/2019. Defendants Expert Witness Disclosures due by 12/18/2019. Plaintiff's Rebuttal Witness Disclosures due by 1/20/2020. Discovery Deadline 3/23/2020. Dispositive Motion Deadline 4/24/2020. Final Pretrial Conference set for 8/26/2020 10:30 AM in Des Moines - Room 460 - 4th Floor North before Chief Magistrate Judge Helen C. Adams. Bench Trial set for 9/21/2020 09:00 AM in Des Moines - Room 455 - 4th Floor South before Senior Judge Robert W. Pratt. Estimated length of three days. Signed by Chief Magistrate Judge Helen C. Adams on 7/3/2019. (k)
July 3, 2019 Filing 14 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Scheduling Conference held on 7/3/2019. Attorney David Albrecht appeared for plaintiff. Attorneys Thomas Cunningham and Leslie Behaunek appeared for defendant. Status of case discussed. Separate orders to follow. Total Court Time: 10 mins. (k)
July 2, 2019 Opinion or Order Filing 13 TEXT ORDER Setting Hearing on Motion #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count II of the removed Petition) : Motion Hearing set for 7/10/2019 10:00 AM in Des Moines - Room 455 - 4th Floor South before Senior Judge Robert W. Pratt.. Signed by Senior Judge Robert W. Pratt on 7/2/2019. (mlm)
June 26, 2019 Filing 12 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Albrecht, David)
June 26, 2019 Filing 11 REPLY re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count II of the removed Petition) filed by Turner Construction Company. (slg)
June 25, 2019 Filing 10 TEXT ORDER granting #9 Defendant Turner Construction Company's Motion for Leave to File Overlength Reply to Resistance to Motion to Dismiss Count II. The Clerk of Court shall detach and file Defendant's Reply Brief. Signed by Chief Magistrate Judge Helen C. Adams on 6/25/2019. (imk)
June 24, 2019 Filing 9 MOTION to file overlength brief (Reply to Resistance to Motion to Dismiss Count II by Turner Construction Company.Motions referred to Helen C. Adams. Responses due by 7/8/2019. (Attachments: #1 Exhibit Proposed Reply Brief)(Cunningham, Thomas)
June 11, 2019 Filing 8 TEXT ORDER granting #7 Defendant's Unresisted Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Defendant may have to and including 6/24/2019 to file a reply. Signed by Chief Magistrate Judge Helen C. Adams on 6/11/2019. (k)
June 11, 2019 Filing 7 Unresisted MOTION for Extension of Time to File Reply in Support of Motion to Dismiss by Turner Construction Company.Motions referred to Helen C. Adams. Responses due by 6/25/2019. (Behaunek, Leslie)
June 10, 2019 Filing 6 RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count II of the removed Petition) filed by Michael Dickey. Replies due by 6/17/2019. (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2)(Albrecht, David)
May 28, 2019 Filing 5 TEXT ORDER SETTING SCHEDULING CONFERENCE. An In-Person Scheduling Conference shall be held on 7/3/2019 at 10:00 AM before Chief Magistrate Judge Helen C. Adams in Room 420 at the Des Moines Courthouse. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 6/26/2019. Signed by Chief Magistrate Judge Helen C. Adams on 5/28/2019. (imk)
May 28, 2019 Filing 4 Defendant's Answer to Complaint (Notice of Removal) (Removed Petition) by Turner Construction Company.(Cunningham, Thomas)
May 28, 2019 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count II of the removed Petition) by Turner Construction Company. Responses due by 6/11/2019. (Attachments: #1 Brief in Support, #2 Exhibit unreported decision - Lovejoy v. Landus Cooperative)(Cunningham, Thomas)
May 23, 2019 Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for defendant 6/12/2019. (Attachments: #1 7.1 Packet) (slg)
May 22, 2019 Filing 1 NOTICE OF REMOVAL by Turner Construction Company from Iowa District Court for Polk County, case number LACL 144217. Filing fee paid in the amount of $ 400, receipt number 0863-3826835., filed by Turner Construction Company. Rule 16 Notice of Dismissal set for 8/20/2019. (Attachments: #1 Exhibit Local Rule 81(a) Statement, #2 Exhibit Exhibit A - State Court Petition, #3 Exhibit Exhibit B - State Court Original Notice, #4 Exhibit Exhibit C - State Court Affidavit of Service, #5 Affidavit Declaration in Support of Notice of Removal, #6 Civil Cover Sheet Civil Cover Sheet)(Cunningham, Thomas)

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Defendant: Turner Construction Company
Represented By: Leslie Christine Behaunek
Represented By: Thomas M Cunningham
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Plaintiff: Michael Dickey
Represented By: Madison Elizabeth Fiedler-Carlson
Represented By: David Ronald Albrecht
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