Pennington et al v. Meyers et al
| Jonathan Pennington and Brooke Pennington |
| Coco Moore, Dave Dauvenmire, Deborah Lynn, Kevan Meyers, Deana Marie Meyers, Daniel Meyers, Emily Meyers, Trey Jadlow, Clifton Boje, Eugene Fry, Richard Schilling, Carol Schilling, Scott P. Roeder, James Zastrow, David Zastrow, Laura Zastrow, Personhood USA, Keith Mason, Cal Zastrow, Bob Yoder, Katie Yoder, Enoch Yoder, Kelly Yoder, Ezekiel Yoder, Skip Yoder, Paul Guenther, Patience Guenther, Joseph Guenther, Sunshine Guenther, Operation Save America, Rusty Thomas, Jason Storms, Jason Moore, Coco Yoder, Brett Holder, Sara Holder, Hank Warkentin, Daniel Pentimone, Sr., Daniel Pentimone, Jr., Heather Pentimone, Martin Nish, Anita Nish, Dave Johnson, Andrea Johnson, Justin Clark, Abolish Human Abortion, Russell Hunter, Dan Gibson, Pass The Light Ministries, Coach, Deborah Schilling, Shawn Winslow, Time To Win A Battle Ministries, Grace Christian Bible Fellowship and Issac Yoder |
| 2:2021cv02591 |
| December 22, 2021 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Daniel D Crabtree |
| James P O'Hara |
| Civil Rights: Other |
| 18 U.S.C. § 1962 |
| Both |
Docket Report
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This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.
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Filing 63
AFFIDAVIT re #62 Application for Clerks Entry of Default by Brooke Pennington, Jonathan Pennington. (ca)
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Filing 62
APPLICATION FOR CLERKS ENTRY OF DEFAULT by Brooke Pennington, Jonathan Pennington. (Attachments: #1 Affidavit, #2 Exhibit)(ca)
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Filing 61
RESPONSE (titled Response To: Motion to Dismiss for Failure to State a Valid Claim etc Filed by Shawn Winslow, Eugene (Gene) Frye, Sara Holder, and the attorney for Martin and Anita Nish) by Plaintiffs Brooke Pennington, Jonathan Pennington re #42 Motion to Dismiss, #37 Motion to Dismiss, #38 Motion to Dismiss. (jal)
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Filing 60
AFFIDAVIT by Brooke Pennington. (Attachments: #1 Filed Stamped Copy of Affidavit with original signature) (jal)
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Filing 59
SUPPLEMENT to #58 Response to Notice and Order to show Cause by Plaintiffs Brooke Pennington, Jonathan Pennington. **Please note: no folder of attachments was included with this supplement** (jal)
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Filing 58
RESPONSE re #52 Notice and Order to Show Cause by Plaintiffs Brooke Pennington, Jonathan Pennington. (jal)
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Filing 57
MEMORANDUM IN OPPOSITION by Defendants Anita Nish, Martin Nish re #48 MOTION to Strike #43 MOTION for Judgment (Hamilton, Thomas)
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Filing 56
ORDER denying without prejudice #55 motion for sanctions. The motion indicates it was served on February 10, 2022. Under Fed. R. Civ. P. 11(c)(2), the motion may not be filed until 21 days after service to give plaintiffs a chance to correct or withdraw their pleading. Signed by Magistrate Judge James P. O'Hara on 2/11/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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NOTICE Re: Pro Se Mailing. Document 56 Order on Motion for Sanctions, mailed to Dave Dauvenmire on 2/11/2022 by regular mail. (hw)
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Filing 55
MOTION for Sanctions by Defendant Dave Dauvenmire. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit)(hw)
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Filing 54
RESPONSE by Defendant Dave Dauvenmire re #48 Motion to Strike. (hw)
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Filing 53
APPLICATION FOR CLERKS ENTRY OF DEFAULT by Brooke Pennington, Jonathan Pennington. (Attachments: #1 Affidavit re Default Judgment)(ca)
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Filing 52
NOTICE AND ORDER TO SHOW CAUSE - plaintiffs Jonathan and Brooke Pennington are required to show good cause in writing, within 20 days of the date of this Order, why the court should not (1) dismiss this action under 28 U.S.C. 1915, for failing to state a claim on which relief may be granted, and (2) why the court should not dismiss plaintiff Brooke Pennington from the case because Jonathan Pennington, as a non-licensed attorney, cannot litigate the case on her behalf. Signed by District Judge Daniel D. Crabtree on 2/1/2022. Mailed to pro se party Brooke Pennington by regular mail. (hw)
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Filing 51
APPLICATION FOR CLERKS ENTRY OF DEFAULT by Jonathan Pennington. (Attachments: #1 Affidavit)(ca)
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Filing 50
DOCKET ANNOTATION: An Affidavit #49 Application for Clerks Entry of Default has been added to the entry and this annotation for noticing purposes only. (hw)
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Filing 49
APPLICATION FOR CLERKS ENTRY OF DEFAULT by Jonathan Pennington. (hw) (Additional attachment(s) added on 1/31/2022: #1 Affidavit) (hw).
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Filing 48
MOTION to Strike #43 MOTION for Judgment by Plaintiff Jonathan Pennington. (hw)
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Filing 47
RESPONSE to #45 Answer to Complaint by Plaintiff Jonathan Pennington. (hw)
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Filing 46
CERTIFIED MAIL RECEIPT returned re #35 Order on Motion for Leave to Proceed In Forma Pauperis, addressed to Jonathan and Brooke Pennington. (ca)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #48 MOTION to Strike #43 MOTION for Judgment. The motion will be resolved by the District Judge.(ss)
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Filing 45
ANSWER to Complaint by Anita Nish, Martin Nish.(Hamilton, Thomas)
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Filing 44
APPLICATION FOR CLERKS ENTRY OF DEFAULT for Shawn Winslow by Jonathan Pennington. (Attachments: #1 Affidavit)(hw)
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Filing 43
MOTION for Judgment on the Pleadings by Defendants Dave Dauvenmire, Pass The Light Ministries. (hw)
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Filing 42
MOTION to Dismiss Amended Complaint by Defendant Eugene Fry. (kas)
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Filing 41
SUMMONS RETURNED EXECUTED -- Personal Service and Certified Mail by Jonathan Pennington upon Eugene Fry served on 1/22/2022, answer due 2/14/2022; Rusty Thomas served on 1/21/2022, answer due 2/11/2022; Time To Win A Battle Ministries served on 1/8/2022. (hw)
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Filing 40
ORDER granting #39 motion for leave to proceed in forma pauperis. Signed by Magistrate Judge James P. O'Hara on 1/25/2022. (amh)
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Filing 39
MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiffs Brooke Pennington, Jonathan Pennington (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(hw)
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Filing 38
MOTION to Dismiss Complaint with Prejudice by Defendant Sara Holder (hw)
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Filing 37
MOTION to Dismiss Amended Complaint by Defendant Shawn Winslow (hw)
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Filing 36
ANSWER to #18 Amended Complaint by Shawn Winslow.(hw)
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Filing 35
ORDER denying without prejudice #33 Motion for Leave to Proceed in forma pauperis. Plaintiffs are directed to re-file their motion, with affidavits attached, or instead pay the court's filing fee, by February 1, 2022 Signed by Magistrate Judge James P. O'Hara on 1/24/2022. Mailed to pro se party Jonathan and Brooke Pennington by regular and certified mail ; Certified Tracking Number: 7018 0680 0001 8173 8783. (hw)
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Filing 34
SUMMONS RETURNED EXECUTED -- Personal Service and Certified Mail by Jonathan Pennington upon Brett Holder served on 1/12/2022, answer due 2/2/2022; Heather Pentimone served on 1/22/2022, answer due 2/14/2022; Scott P. Roeder served on 1/7/2022; Carol Schilling served on 1/14/2022, answer due 2/4/2022; Richard Schilling served on 1/14/2022, answer due 2/4/2022. (hw)
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Filing 33
MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Jonathan Pennington. (referred to Magistrate Judge James P. O'Hara) (hw)
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Filing 32
MOTION for Order (Titled: Motion re Access to Court) by Plaintiff Jonathan Pennington (hw)
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Filing 31
RESPONSE by Plaintiff Jonathan Pennington re #26 Motion to Dismiss. (hw)
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Filing 30
SUPPLEMENT (Titled: Suggestions in Support of Plaintiff's Amended Complaint) to #18 Amended Complaint by Plaintiff Jonathan Pennington. (hw)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 MOTION for Order. The motion will be resolved by the District Judge.(ss)
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Filing 29
APPLICATION FOR CLERKS ENTRY OF DEFAULT by Jonathan Pennington. (hw)
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Filing 28
SUMMONS RETURNED EXECUTED -- Personal Service and Certified Mail by Jonathan Pennington upon Clifton Boje served on 1/7/2022, answer due 1/28/2022; Justin Clark served on 1/7/2022, answer due 1/28/2022; Dave Dauvenmire served on 1/7/2022, answer due 1/28/2022; Dan Gibson served on 1/8/2022, answer due 1/31/2022; Joseph Guenther served on 1/8/2022; Patience Guenther served on 1/7/2022, answer due 1/28/2022; Paul Guenther served on 1/7/2022, answer due 1/28/2022; Sara Holder served on 1/18/2022, answer due 2/8/2022; Trey Jadlow served on 1/10/2022, answer due 1/31/2022; Dave Johnson served on 1/8/2022, answer due 1/31/2022; Deborah Lynn served on 1/10/2022, answer due 1/31/2022; Keith Mason served on 1/8/2022; Daniel Meyers served on 1/7/2022, answer due 1/28/2022; Deana Marie Meyers served on 1/7/2022, answer due 1/28/2022; Emily Meyers served on 1/7/2022, answer due 1/28/2022; Coco Moore served on 1/7/2022, answer due 1/28/2022; Jason Moore served on 1/7/2022; Anita Nish served on 1/7/2022, answer due 1/28/2022; Martin Nish served on 1/8/2022; Operation Save America served on 1/8/2022, answer due 1/31/2022; Pass The Light Ministries served on 1/11/2022; Daniel Pentimone, Jr served on 1/8/2022; Daniel Pentimone, Sr served on 1/8/2022, answer due 1/31/2022; Personhood USA served on 1/8/2022, answer due 1/31/2022; Jason Storms served on 1/8/2022, answer due 1/31/2022; Hank Warkentin served on 1/7/2022, answer due 1/28/2022; Shawn Winslow served on 1/6/2022, answer due 1/27/2022; Bob Yoder served on 1/7/2022, answer due 1/28/2022; Enoch Yoder served on 1/7/2022, answer due 1/28/2022; Ezekiel Yoder served on 1/8/2022, answer due 1/31/2022; Issac Yoder served on 1/8/2022, answer due 1/31/2022; Katie Yoder served on 1/7/2022, answer due 1/28/2022; Kelly Yoder served on 1/8/2022; Skip Yoder served on 1/8/2022; Cal Zastrow served on 1/8/2022, answer due 1/31/2022; James Zastrow served on 1/8/2022. (hw)
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Filing 27
NOTICE OF SERVICE by Jonathan Pennington. (hw)
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Filing 26
MOTION to Dismiss Amended Complaint by Defendant Kevan Meyers (hw)
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Filing 25
ANSWER to #18 Amended Complaint by Kevan Meyers.(hw)
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Filing 24
ORDER denying as moot #23 Motion to Strike. Plaintiffs' motion (ECF No. 23) asking the court to strike the answer filed by defendant Kevan Myers (ECF No. 14) is moot in light of the filing of plaintiffs' amended complaint on December 29, 2021 (ECF No. 18). However, the court instructs defendant Myers to review and endeavor to comply with Federal Rule of Civil Procedure 8(b) when filing an answer to plaintiffs' amended complaint. Signed by Magistrate Judge James P. O'Hara on 1/4/2022. Mailed to pro se party Brooke Pennington and Kevan Meyers by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #21 MOTION for Order. The motion will be resolved by the District Judge.(ss)
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Filing 23
MOTION to Strike by Plaintiff Jonathan Pennington (referred to Magistrate Judge James P. O'Hara) (hw)
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Filing 20
CERTIFIED MAIL RECEIPT returned re #7 Order addressed to Jonathan Pennington. (hw)
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DOCKET ANNOTATION: #21 MOTION for Order filed by Jonathan Pennington per DDC chambers pleading to be filed as a motion since plaintiff is seeking relief and not a proposed order. (hw)
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Filing 22
DOCKET ANNOTATION: Plaintiff Jonathan Pennington is a registered pro se participant with ECF notifications only. (gw)
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Filing 19
DOCKET ANNOTATION: A signed version of #18 Amended Complaint has been added to the entry and this annotation for noticing purposes only. (hw)
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Filing 18
AMENDED COMPLAINT against All Defendants, filed by Jonathan Pennington.(hw) (Additional attachment(s) added on 12/29/2021: #1 Signed Amended Complaint) (hw).
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Filing 17
ORDER denying #16 MOTION for Relief re Further Injury and Damages. To the extent plaintiffs seek to amend their complaint to state further claims and/or identify additional relief sought, the motion is denied for the reasons set forth in yesterday's order (ECF No. 15) (i.e., in violation of D. Kan. Rule 15.1, plaintiffs did not attach their proposed amended complaint to the motion). The court again informs plaintiffs, however, that they are still within the time provided by Fed. R. Civ. P. 15(a)(1) to simply file an amended complaint as a matter of right. Signed by Magistrate Judge James P. O'Hara on 12/28/2021. Mailed to pro se party Jonathan Pennington by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (heo)
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NOTICE Re: Pro Se Mailing. Document 15 Order, 17 Order, mailed to parties Brooke Pennington and Kevan Meyers on 12/28/2021 by regular mail. (heo)
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Filing 21
MOTION for Order (Titled: Motion Proposed Order re Access To Court) by Plaintiff Jonathan Pennington (hw)
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Filing 16
MOTION for Relief re Further Injury & Damages by Plaintiff Jonathan Pennington. (referred to Magistrate Judge James P. O'Hara) (heo)
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Filing 15
ORDER denying #8 Motion to Amend Complaint. The motion is denied because, in violation of D. Kan. Rule 15.1, plaintiffs did not attach their proposed amended complaint to the motion. The court informs plaintiffs, however, that they are still within the time provided by Fed. R. Civ. P. 15(a)(1) to simply file an amended complaint as a matter of right. Signed by Magistrate Judge James P. O'Hara on 12/27/2021. Mailed to pro se party Jonathan Pennington by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 14
ANSWER to #1 Complaint, by Kevan Meyers.(hw)
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Filing 13
SUMMONS RETURNED EXECUTED -- Personal Service by Jonathan Pennington upon Kevan Meyers served on 12/26/2021, answer due 1/18/2022. (hw)
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Filing 12
AFFIDAVIT PUBLICATION SERVICE filed by Jonathan Pennington. (hw)
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Filing 11
SUMMONS RETURNED EXECUTED -- Personal Service by Jonathan Pennington upon Grace Christian Bible Fellowship served on 12/26/2021, answer due 1/18/2022. (hw)
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Filing 10
MOTION for Hearing re #9 MOTION for Preliminary Injunction by Plaintiff Jonathan Pennington. (hw)
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Filing 9
MOTION for Preliminary Injunction by Plaintiff Jonathan Pennington. (hw)
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Filing 8
MOTION to Amend Complaint re #1 Complaint, by Plaintiff Jonathan Pennington. (referred to Magistrate Judge James P. O'Hara) (hw)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #10 MOTION for Hearing re #9 MOTION for Preliminary Injunction. The motion will be resolved by the District Judge.(amh)
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Filing 7
ORDER granting #3 motion asking the court to defer payment of a filing fee. Plaintiffs are ordered to pay the filing fee by January 28, 2022. Signed by Magistrate Judge James P. O'Hara on 12/23/2021. (amh)
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Filing 6
NOTICE to All Parties by Jonathan Pennington. (hw)
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Filing 5
DOCKET ANNOTATION: re #1 Complaint, #2 Civil Cover Sheet, #3 MOTION for Leave to Proceed in forma pauperis, #4 MOTION to Certify Class. Signed documents added to entries and attached to the annotation for noticing purposes only. (Attachments: #1 Amended Exhibit A - List of Co-Conspirators, #2 Amended Civil Cover Sheet, #3 Amended Motion for IFP, #4 Amended Affidavit of Financial Status, #5 Amended Motion to Certify Class. Documents 3 and 4 blocked due to containing personal information. (lb)
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NOTICE OF DEFICIENCY - Designation of place of trial is missing and documents submitted without signature of plaintiff Brooke Pennington. The filing party is directed to correct the deficiency immediately. Mailed to Jonathan Pennington by regular mail.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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NOTICE Re: Pro Se Mailing. Document #7 Order mailed to Jonathan Pennington on 12/23/2021 by regular and certified mail ; Certified Tracking Number 7018 0680 0001 8173 8288. (hw)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #4 MOTION to Certify Class. The motion will be resolved by the District Judge.(amh)
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Filing 4
MOTION to Certify Class by Plaintiff Jonathan Pennington. (lb) (Additional attachment(s) added on 12/23/2021: #1 Amended Motion to Certify Class) (lb).
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Filing 3
MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Jonathan Pennington. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit) (lb) (Additional attachment(s) added on 12/23/2021: #2 Amended Motion for IFP) (lb). (Additional attachment(s) added on 12/23/2021: #3 Amended Affidavit of Financial Status) (lb).
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiff Jonathan Pennington. (lb) (Additional attachment(s) added on 12/23/2021: #1 Amended Civil Cover Sheet) (lb).
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Filing 1
COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Jonathan Pennington. (Attachments: #1 Exhibit A - List of Co-Conspirators) (lb) (Additional attachment(s) added on 12/23/2021: #2 Amended Complaint, #3 Amended Exhibit A - List of Co-Conspirators) (lb).
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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