Smith et al v. G & W Foods et al
Plaintiff: Damon Deleno Smith and Tonia Kay Smith
Defendant: Patricia Wary and G & W Foods
Case Number: 2:2020cv02517
Filed: October 20, 2020
Court: US District Court for the District of Kansas
Presiding Judge: Teresa J James
Referring Judge: Julie A Robinson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Opinion or Order Filing 15 ORDER memorializing deadlines set in Status Conference and STAYING discovery. The deadline for any party to file a Motion to Consolidate is January 15, 2021. If any such motion is filed, the briefing on such motion is expedited. Any response to the motion is due within 14 days of the date the motion is filed. No replies are contemplated absent extraordinary circumstances, which must be briefed in a motion for leave to file a reply. Furthermore, discovery and all pretrial proceedings, including the parties' Rule 26(f) planning conference, Rule 26(a) disclosure exchanges, and the Scheduling Conference, are hereby STAYED until further order of the Court. In the event that the Court has not yet lifted the stay by the time the District Judge rules on the pending motion(s) to dismiss--and claims remain for disposition--counsel for Defendants shall contact chambers of the undersigned Magistrate Judge for the purpose of convening a Scheduling Conference. Signed by Magistrate Judge Teresa J. James on 12/18/2020. Mailed to pro se party Damon Deleno Smith by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
December 18, 2020 Filing 14 MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: STATUS CONFERENCE held on 12/18/2020. Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
December 16, 2020 Filing 13 RESPONSE by Plaintiffs Damon Deleno Smith, Tonia Kay Smith re #10 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1 Request to Cease and Desist, Wary, #2 Exhibit 2 Attorney Letter Wary, #3 Exhibit 3 Email G&W Foods Corporate, #4 Exhibit 4 G&W Foods demand letter)(Smith, Tonia)
December 14, 2020 Opinion or Order Filing 12 ORDER SETTING STATUS CONFERENCE. In light of the pending Motion to Dismiss (ECF No. 10), the Court will not set a Scheduling Conference at this time. Instead, a Status Conference is set for 12/18/2020 at 11:00 AM by telephone before Magistrate Judge Teresa J. James. This Status Conference will be held jointly with the Status Conference already scheduled in Case No. 20-2500. COUNSEL AND PRO SE PARTIES WHO WILL PARTICIPATE MUST DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. In light of the short notice, if counsel needs to request that the Status Conference be rescheduled, counsel may contact chambers and so request. Signed by Magistrate Judge Teresa J. James on 12/14/2020. Mailed to pro se party Damon Deleno Smith by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct) (Modified on 12/14/2020 to correct signature date. (heo))
December 14, 2020 NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk: Signature date corrected per TJJ chambers regarding 12 Order Setting Status Conference. (heo)
December 4, 2020 Filing 11 MEMORANDUM IN SUPPORT of #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant G & W Foods(Halbrook, Karen)
December 4, 2020 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant G & W Foods (Halbrook, Karen)
December 3, 2020 Filing 9 ENTRY OF APPEARANCE by Paul E. Torlina on behalf of G & W Foods. (Torlina, Paul)
November 12, 2020 Opinion or Order Filing 8 ORDER granting #7 Defendant G&W Foods' Motion to Extend Deadline to Respond to Plaintiffs' Complaint. Defendant G&W Foods is hereby granted up to and including 12/4/2020, in which to file an answer or otherwise respond to Plaintiffs' #1 Complaint. Signed by Magistrate Judge Teresa J. James on 11/12/2020.Mailed to pro se party Damon Deleno Smith by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
November 10, 2020 Filing 7 MOTION for Extension of Time to File Answer by Defendant G & W Foods (referred to Magistrate Judge Teresa J. James) (Halbrook, Karen)
November 10, 2020 Filing 6 ENTRY OF APPEARANCE by Lindsay P. Windham on behalf of G & W Foods. (Halbrook, Karen) Modified on 11/12/2020 to correct party (hw).
November 10, 2020 Filing 5 ENTRY OF APPEARANCE by Karen J. Halbrook on behalf of G & W Foods. (Halbrook, Karen)
November 6, 2020 Filing 4 ANSWER to #1 Complaint by Patricia Wary.(Johnson, Brian)
October 20, 2020 Filing 3 DOCKET ANNOTATION: Plaintiff Tonia Kay Smith is a registered pro se participant with ECF Notifications and E-filing privileges. (gw)
October 20, 2020 FILING FEE PAID: in the amount of $ 400, receipt number K4631059312. (ca)
October 20, 2020 SUMMONS ISSUED as to G & W Foods, Patricia Wary. (issued to plaintiff for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
October 19, 2020 Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiffs Damon Deleno Smith, Tonia Kay Smith. (ca)
October 19, 2020 Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Damon Deleno Smith, Tonia Kay Smith.(ca)

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Plaintiff: Damon Deleno Smith
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Plaintiff: Tonia Kay Smith
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Defendant: Patricia Wary
Represented By: Brian K. Johnson
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Defendant: G & W Foods
Represented By: Lindsay Poehling Windham
Represented By: Paul E. Torlina
Represented By: Karen J. Halbrook
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