Shawnee Mission Unitarian Universalist Church v. Lenexa, Kansas, City of
Plaintiff: Shawnee Mission Unitarian Universalist Church
Defendant: Lenexa, Kansas, City of
Case Number: 2:2019cv02719
Filed: November 22, 2019
Court: US District Court for the District of Kansas
Presiding Judge: Gwynne E Birzer
Referring Judge: Daniel D Crabtree
Nature of Suit: Other Statutory Actions
Cause of Action: 42:2000
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2019 ***Civil Case Terminated per #36 Stipulation of Dismissal.(hw)
December 13, 2019 Opinion or Order Filing 37 ORDER. In light of the #36 Stipulation of Dismissal filed by Shawnee Mission Unitarian Universalist Church, the status conference set for 12/17/19 is cancelled. Signed by Magistrate Judge Gwynne E. Birzer on 12/13/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
December 13, 2019 Filing 36 STIPULATION OF DISMISSAL with Prejudice by Shawnee Mission Unitarian Universalist Church. (Larigan, Beth)
December 13, 2019 Opinion or Order Filing 35 ORDER - Counsel has informed the court informally that both parties mutually have agreed to ask the court to extend the stay order entered on December 10, 2019. See Doc. 33. Therefore, the court extends its order ruling that it will not issue any decision on plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 7) and defendant's Motion to Dismiss (Doc. 17). No order will issue on those motions before 5:00 p.m. (CST) on December 13, 2019. Signed by District Judge Daniel D. Crabtree on 12/13/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mig)
December 11, 2019 Filing 34 MEMORANDUM IN OPPOSITION by Plaintiff Shawnee Mission Unitarian Universalist Church re #17 MOTION to Dismiss for Lack of Jurisdiction (Larigan, Beth)
December 10, 2019 Opinion or Order Filing 33 ORDER granting #32 Motion to Stay Case. See order for information. Signed by District Judge Daniel D. Crabtree on 12/10/19. (hw)
December 10, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 Joint MOTION to Stay Case re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #17 MOTION to Dismiss for Lack of Jurisdiction . The motion will be resolved by the District Judge.(mig)
December 10, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 Joint MOTION to Stay Case re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #17 MOTION to Dismiss for Lack of Jurisdiction . The motion will be resolved by the District Judge.(adc)
December 9, 2019 Filing 32 Joint MOTION to Stay Case re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #17 MOTION to Dismiss for Lack of Jurisdiction by Defendant Lenexa, Kansas, City of (Rupp, Anthony)
December 9, 2019 Filing 31 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: TELEPHONE CONFERENCE held on 12/9/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
December 8, 2019 Filing 30 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 12/9/2019 at 10:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749, using ACCESS CODE 9686294. (adc)
December 6, 2019 Opinion or Order Filing 29 ORDER. On 12/6/19, the Court held a status conference to address potential scheduling and discovery issues. Plaintiff appeared through counsel, Beth Ann Larigan and Daniel P. Dalton. Defendant appeared through counsel, Anthony F. Rupp, Cynthia L. Harmison and David A. Jack. After thorough discussion, the Court entered the following orders: The Court acknowledges the parties' shared belief this case is best served by an initial attempt at resolution through either informal efforts or formal mediation, prior to the preliminary injunction hearing tentatively planned for January 2020. To reach those goals, Plaintiff is directed to permit the City of Lenexa fire marshal and the building inspector access to Plaintiff's property by 5:00 p.m. today. The parties are directed to confer regarding discovery necessary for mediation and the preliminary injunction hearing, and exchange discovery needed by 12/13/19. This matter is set for a status conference on 12/17/2019 at 09:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. During this conference, the parties must be prepared to discuss the progress of informal efforts at resolution, the progress of this initial discovery, and to set deadlines for formal mediation and the injunction hearing. In the event the parties reach an impasse on a discovery issue, counsel are encouraged to reach out to the undersigned at ksd_Birzer_chambers@ksd.uscourts.gov to request a telephone conference. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 12/6/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
December 6, 2019 Filing 28 NOTICE OF SUPPLEMENTAL AUTHORITY by Shawnee Mission Unitarian Universalist Church re: MOTION for Temporary Restraining Order MOTION for Preliminary Injunction #7 filed by Plaintiff Shawnee Mission Unitarian Universalist Church (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Larigan, Beth)
December 6, 2019 Filing 27 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: DISCOVERY conference held on 12/6/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
December 6, 2019 Filing 26 ENTRY OF APPEARANCE by Sarah C. Otto on behalf of Lenexa, Kansas, City of. (Otto, Sarah)
December 6, 2019 Filing 25 ENTRY OF APPEARANCE by Anthony F. Rupp on behalf of Lenexa, Kansas, City of. (Rupp, Anthony)
December 6, 2019 Filing 24 ENTRY OF APPEARANCE by Tara S. Eberline on behalf of Lenexa, Kansas, City of. (Eberline, Tara)
December 5, 2019 Filing 23 MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: TEMPORARY RESTRAINING ORDER HEARING held on 12/5/2019. The court takes under advisement #7 Motion for Temporary Restraining Order. (Court Reporter Kim Greiner.) (mig)
December 5, 2019 Filing 22 NOTICE of Hearing: Discovery Conference set for 12/6/2019 09:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants should DIAL INTO the conference at 1-888-363-4749, enter access code 9686294 and follow the prompts. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
December 5, 2019 Filing 21 AMENDED NOTICE of Hearing: [COURTROOM CHANGE] THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Temporary Restraining Order Hearing set for 12/5/2019 at 03:00 PM in KC Courtroom 655 (KC) before District Judge Daniel D. Crabtree. (mig)
December 5, 2019 Filing 20 RESPONSE by Defendant Lenexa, Kansas, City of re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Affidavit, #2 Affidavit)(Jack, David)
December 5, 2019 Filing 19 MEMORANDUM IN SUPPORT of #17 MOTION to Dismiss for Lack of Jurisdiction by Defendant Lenexa, Kansas, City of (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jack, David)
December 5, 2019 Filing 18 ENTRY OF APPEARANCE by David A. Jack on behalf of All Defendants. (Jack, David)
December 5, 2019 Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Defendant Lenexa, Kansas, City of (Jack, David)
December 5, 2019 Filing 16 **Please disregard, filed in error - see #19 for correct filing** MOTION to Dismiss for Lack of Jurisdiction by Defendant Lenexa, Kansas, City of (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jack, David) Modified on 12/5/2019 (gw).
December 5, 2019 Filing 15 NOTICE OF SUPPLEMENTAL AUTHORITY by Shawnee Mission Unitarian Universalist Church re: MOTION for Temporary Restraining Order MOTION for Preliminary Injunction #7 filed by Plaintiff Shawnee Mission Unitarian Universalist Church (Attachments: #1 Exhibit 1)(Larigan, Beth)
December 2, 2019 Filing 14 MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: STATUS CONFERENCE held on 12/2/2019 regarding #7 Motion for Temporary Restraining Order and Preliminary Injunction. Temporary Restraining Order Hearing set for 12/5/2019 at 03:00 PM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. (Court Reporter Kim Greiner.) (mig)
December 2, 2019 Filing 13 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Status Conference set for 12/2/2019 at 04:30 PM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 8354715 before District Judge Daniel D. Crabtree. (mig)
November 27, 2019 Filing 12 CERTIFICATE OF SERVICE of Docket Entries #2 , #3 , #4 , #5 , #6 , #7 , #8 by Shawnee Mission Unitarian Universalist Church (Larigan, Beth)
November 27, 2019 Filing 11 SUMMONS RETURNED EXECUTED -- Personal Service by Shawnee Mission Unitarian Universalist Church upon City of Lenexa, Kansas, served on 11/26/2019, answer due 12/17/2019. (Larigan, Beth)
November 26, 2019 Opinion or Order Filing 10 ORDER granting #6 Motion to Appear Pro Hac Vice of Daniel P. Dalton for Shawnee Mission Unitarian Universalist Church pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 11/26/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
November 26, 2019 Opinion or Order Filing 9 ORDER granting #5 Motion to Appear Pro Hac Vice of Alexander R. Reuter for Shawnee Mission Unitarian Universalist Church pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 11/26/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
November 26, 2019 ALIAS SUMMONS ISSUED as to City of Lenexa, Kansas. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
November 22, 2019 Filing 8 MEMORANDUM IN SUPPORT of #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Shawnee Mission Unitarian Universalist Church (Attachments: #1 Exhibit List, #2 Exhibit A - Declaration of Schwab, #3 Exhibit B - Excerpt of Lenexa Zoning, #4 Exhibit C - Oct. 28, 2019 Article, #5 Exhibit D - Map of Church, #6 Exhibit E - Declaration of Robertson, #7 Exhibit F - Policy, #8 Exhibit G - Oct. 23, 2019 Letter, #9 Exhibit H - Case No. 18-cv-954 (D. Minn), #10 Exhibit I - Nov. 18, 2019 Article)(Webb, B.)
November 22, 2019 Filing 7 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Response deadline 12/6/2019) by Plaintiff Shawnee Mission Unitarian Universalist Church (Webb, B.)
November 22, 2019 SUMMONS ISSUED as to Lenexa, Kansas, City of. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
November 22, 2019 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
November 22, 2019 Filing 6 MOTION for attorney Daniel P. Dalton to appear pro hac vice for Plaintiff ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4989510.) by Plaintiff SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH (Attachments: #1 Affidavit, #2 ECF Registration Form)(Webb, B.)
November 22, 2019 Filing 5 MOTION for attorney Alexander R. Reuter to appear pro hac vice for Plaintiff ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4989486.) by Plaintiff SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH (Attachments: #1 Affidavit, #2 ECF Registration Form)(Webb, B.)
November 22, 2019 Filing 4 CORPORATE DISCLOSURE STATEMENT by SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH (Webb, B.)
November 22, 2019 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH - trial to be held in Kansas City. (Webb, B.)
November 22, 2019 Filing 2 CIVIL COVER SHEET by Plaintiff SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH. (Webb, B.)
November 22, 2019 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4989455.), filed by SHAWNEE MISSION UNITARIAN UNIVERSALIST CHURCH. (Attachments: #1 Exhibit 1 - Map of Church, #2 Exhibit 2 - Excerpts of Lenexa Zoning, #3 Exhibit 3 - Oct. 28, 2019 article, #4 Exhibit 4 - Oct. 23, 2019 Letter, #5 Exhibit 5 - Emergency Shelter Policy, #6 Exhibit 6 - Nov. 18, 2019 article)(Webb, B.)

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Defendant: Lenexa, Kansas, City of
Represented By: David A. Jack
Represented By: Tara S. Eberline
Represented By: Anthony F. Rupp
Represented By: Cynthia L. Harmison
Represented By: Sarah C. Otto
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Plaintiff: Shawnee Mission Unitarian Universalist Church
Represented By: B. Trent Webb
Represented By: Beth Ann Larigan
Represented By: Daniel P. Dalton
Represented By: Alexander R. Reuter
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