DeMercurio et al v. Dallas County, Iowa et al
Plaintiff: Gary DeMercurio and Justin Lawson Wynn
Defendant: Dallas County, Iowa and Chad Leonard
Case Number: 4:2023cv00210
Filed: June 21, 2023
Court: US District Court for the Southern District of Iowa
Presiding Judge: Helen C Adams
Referring Judge: Stephen H Locher
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 fa Removal - Civil Rights - False Arrest
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 24 Minute Entry for proceedings held before Judge Stephen H. Locher: Motion Hearing held on 8/16/2023 regarding 8 MOTION to Dismiss filed by Chad Leonard and Dallas County, Iowa. (Court Reporter Tonya Gerke.) (mm)
August 10, 2023 Filing 23 RESPONSE to Motion re #19 MOTION to Strike #12 Amended Complaint and Motion for Leave to Amend filed by Gary DeMercurio, Justin Lawson Wynn. Replies due by 8/17/2023. (Attachments: #1 Exhibit 4th Amended Complaint)(Diaz, Martin)
August 9, 2023 Filing 22 REPLY re 8 MOTION to Dismiss filed by Dallas County, Iowa, Chad Leonard. (bp)
August 8, 2023 Filing 21 TEXT ORDER granting #20 Motion for Leave to File Overlength Reply Brief by Dallas County, Iowa, Chad Leonard. The Clerk shall detach and file the reply brief as a sealed document. Signed by Chief Magistrate Judge Helen C. Adams on 8/8/2023. (k)
August 8, 2023 Filing 20 Unresisted MOTION to file overlength brief by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 8/22/2023. (Attachments: #1 Brief in Support)(Palmer, Jason)
August 7, 2023 Filing 19 MOTION to Strike #12 Amended Complaint by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 8/21/2023. (Attachments: #1 Brief in Support)(Palmer, Jason)
August 7, 2023 Opinion or Order Filing 18 TEXT ORDER RESETTING HEARING: Following discussion with counsel, the Motion Hearing regarding 8 Motion to Dismiss is hereby RESET for 8/16/2023 at 10:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. This is a change in the time of the hearing only. Signed by Judge Stephen H. Locher on 8/7/2023. (mm)
July 25, 2023 Filing 16 TEXT ORDER granting #15 Motion for Extension of Time to File. By 8/8/2023, Defendants shall file their reply in support of Defendants' 8 motion to dismiss. No further extensions will be granted. Signed by Chief Magistrate Judge Helen C. Adams on 7/25/2023. (amp)
July 24, 2023 Filing 15 MOTION for Extension of Time to File by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 8/7/2023. (Palmer, Jason)
July 24, 2023 Filing 14 TEXT ORDER granting #13 Motion to file overlength brief. Clerk shall detach and file Plaintiffs' Brief Resisting Defendants' 8 Motion to Dismiss, ECF No. 13-1. Signed by Chief Magistrate Judge Helen C. Adams on 7/24/2023. (amp)
July 21, 2023 Filing 13 MOTION to file overlength brief in resistance to Motion to Dismiss by Gary DeMercurio, Justin Lawson Wynn.Motions referred to Helen C. Adams. Responses due by 8/4/2023. (Attachments: #1 Brief in Support Resistance to Motion to Dismiss)(Diaz, Martin)
July 21, 2023 Filing 12 Fourth AMENDED COMPLAINT against All Defendants. All Defendants., filed by Gary DeMercurio, Justin Lawson Wynn.(Diaz, Martin)
July 21, 2023 Filing 11 NOTICE by Gary DeMercurio of Amended Complaint (Fourth). (Diaz, Martin)
July 14, 2023 Opinion or Order Filing 10 TEXT ORDER SETTING HEARING regarding 8 MOTION to Dismiss filed by Chad Leonard and Dallas County, Iowa. A Motion Hearing will be held on 8/16/2023 at 11:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Signed by Judge Stephen H. Locher on 7/14/2023. (mm)
July 12, 2023 Filing 9 TEXT ORDER granting #7 Motion to file overlength brief. The Court notes the referenced brief has been filed under seal as ECF No. 8-1. Signed by Chief Magistrate Judge Helen C. Adams on 7/12/2023. (amp)
July 12, 2023 Filing 7 MOTION to file overlength brief by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 7/26/2023. (Attachments: #1 Exhibit)(Palmer, Jason)
July 12, 2023 Filing 6 TEXT ORDER granting #5 Motion for Leave to File Under Seal. Defendants Dallas County, Iowa and Chad Leonard may file under seal their motion to dismiss and related filings. Defendants may file a brief that is 5 pages overlength, but if an even greater length is requested, Defendants shall file a motion that specifies the length of the proposed brief. Plaintiffs' resistance and Defendants' reply to the motion to dismiss may be filed under seal. Signed by Chief Magistrate Judge Helen C. Adams on 7/12/2023. (amp)
July 12, 2023 Filing 5 MOTION for Leave to File under Seal by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 7/26/2023. (Palmer, Jason)
June 29, 2023 Filing 4 TEXT ORDER granting for good cause shown #3 Motion for Extension of Time to File. By 7/12/2023, Defendants shall answer or otherwise respond to Plaintiff's Third Amended Petition. Signed by Chief Magistrate Judge Helen C. Adams on 6/29/2023. (amp)
June 28, 2023 Filing 3 Unresisted MOTION for Extension of Time to File Response to Third Amended Petition by Dallas County, Iowa, Chad Leonard.Motions referred to Helen C. Adams. Responses due by 7/12/2023. (Palmer, Jason)
June 22, 2023 Filing 2 ***FILED IN ERROR***Corporate Disclosure Packet Note: Counsel should download the attache corporate disclosure packet in compliance with Local Rule 7.1 for the disclosure statements. (btg) Modified on 6/22/2023 (btg).
June 21, 2023 Filing 1 NOTICE OF REMOVAL by Chad Leonard, Dallas County, Iowa from Polk County District Court, case number LACL153043. Filing fee paid in the amount of $ 402, receipt number AIASDC-5173588., filed by Chad Leonard, Dallas County, Iowa. Rule 16 Notice of Dismissal set for 9/19/2023. (Attachments: #1 Exhibit District Court Filings)(Palmer, Jason)

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Plaintiff: Gary DeMercurio
Represented By: Martin A Diaz
Represented By: Martin A. Diaz
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Plaintiff: Justin Lawson Wynn
Represented By: Martin A. Diaz
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Defendant: Dallas County, Iowa
Represented By: Jason C. Palmer
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Defendant: Chad Leonard
Represented By: Jason C. Palmer
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