Elven v. Johnson County, Kansas Board of County Commissioners et al
| Charmaine Elven |
| Johnson County, Kansas Board of County Commissioners, Beth Johnson, Matthew Fletcher and Tiffany Hentschel |
| 2:2022cv02480 |
| November 23, 2022 |
| U.S. District Court for the District of Kansas |
| Teresa J James |
| Holly L Teeter |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 RESPONSE by Plaintiff Charmaine Elven re #6 Motion to Dismiss, #14 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit Answer in Case No. 20-cv-02074, #2 Courtesy Copy of Debbrecht v. City of Haysville)(Bruce, Robert) |
Filing 20
ORDER granting #19 Motion for Leave to File Excess Pages. Plaintiff moves to exceed the page limit and requests 30 pages. Defendants do not oppose. The Court grants the motion. Plaintiff may file a 30-page response. This is an all-in page limitation that includes case caption to signature block. Signed by District Judge Holly L. Teeter on 1/11/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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| Filing 19 Unopposed MOTION for Leave to File Excess Pages in her Response to Defendants Motion to Dismiss by Plaintiff Charmaine Elven. (Bruce, Robert) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 Unopposed MOTION for Leave to File Excess Pages in her Response to Defendants Motion to Dismiss. The motion will be resolved by the District Judge.(byk) |
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Filing 18
ORDER granting #17 Unopposed MOTION for Extension of Time to File Response as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response deadline is on or before 1/13/2023. Signed by District Judge Holly L. Teeter on 1/3/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #17 Unopposed MOTION for Extension of Time to File Response as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The motion will be resolved by the District Judge.(byk) |
| Filing 17 UNOPPOSED MOTION for Extension of Time to File Response as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Charmaine Elven. (Bruce, Robert) |
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Filing 16
ORDER SETTING STATUS CONFERENCE: In light of the pending motion to dismiss (ECF No. 14), the Court will not set a Rule 16 Scheduling Conference or require the parties to participate in a Rule 26(f) planning conference or submit initial disclosures or a proposed scheduling order at this time. Instead, a Status Conference is set for 1/24/2023 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. Participants must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. Signed by Magistrate Judge Teresa J. James on 12/20/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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| Filing 15 MEMORANDUM IN SUPPORT of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners (Attachments: #1 Exhibit 1)(DeVeney, Jeannie) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners (DeVeney, Jeannie) |
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Filing 13
ORDER granting in part #12 Motion for Leave to Exceed Page Limitation. Under the revised D. Kan. Rule 7.1(d), motions to dismiss should not exceed 15 pages. The Court is not inclined to routinely grant extensions of the page limitation. But mindful of the recency of this rule change, the fact that the briefing in this case may have started before the change took effect, and the number of defendants and claims, the Court will grant a limited page extension. Given the limited factual background required in a motion to dismiss, the Court grants Defendants may file a motion to dismiss up to 40 pages. This is an all-in page limitation that includes case caption to signature block. Signed by District Judge Holly L. Teeter on 12/12/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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| Filing 12 Unopposed MOTION for Leave to File Excess Pages by Defendants Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners (DeVeney, Jeannie) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #12 Unopposed MOTION for Leave to File Excess Pages RE Memorandum in Support of Motion to Dismiss. The motion will be resolved by the District Judge.(byk) |
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Filing 11
ORDER denying without prejudice Doc. #6 , the motion to dismiss filed by Defendant Johnson County, Kansas Board of County Commissioners. This motion was filed in state court and is based on Plaintiff's original petition for damages. After the motion was filed, Plaintiff filed an amended petition in state court (which is treated as the operative complaint in this federal case). The motion to dismiss relates to a filing that is no longer the operative complaint, so the Court denies the motion as moot and without prejudice. Signed by District Judge Holly L. Teeter on 12/1/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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| Filing 10 STATE COURT RECORDS from District Court of Johnson County, Kansas. (DeVeney, Jeannie) |
| Filing 9 NOTICE OF SERVICE by Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners of Proof of Service Under D. Kan. Rule 81.1(c)(3) (Attachments: #1 Exhibit A)(DeVeney, Jeannie) |
| Filing 8 REPLY TO RESPONSE TO MOTION by Defendant Johnson County, Kansas Board of County Commissioners re #6 Motion to Dismiss. (Originally filed in the Johnson County District Court on 1/8/2021.) (mam) |
| Filing 7 MEMORANDUM IN OPPOSITION by Plaintiff Charmaine Elven re #6 Motion to Dismiss. (Attachments: #1 Exhibit A) (Originally filed in the Johnson County District Court on 12/17/2020.) (mam) |
| Filing 6 MOTION to Dismiss by Defendant Johnson County, Kansas Board of County Commissioners. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Originally filed in the Johnson County District Court on 12/3/2020.) (mam) |
| Filing 5 SUMMONS RETURNED EXECUTED -- Defendant Johnson County, Kansas Board of County Commissioners served on 11/16/2022 by certified mail. (Originally filed in the Johnson County District Court on 12/2/2020.) (mam) |
| Filing 4 CLERKS ORDER EXTENDING TIME until 12/14/2022 for Defendants Matthew Fletcher, Beth Johnson, Johnson County, Kansas Board of County Commissioners, Tiffany Hentschel to answer or otherwise plead Signed by deputy clerk on 11/23/2022. (kmc) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendants Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners - trial to be held in Kansas City. (DeVeney, Jeannie) |
| Filing 2 CIVIL COVER SHEET by Defendants Matthew Fletcher, Tiffany Hentschel, Beth Johnson, Johnson County, Kansas Board of County Commissioners. (DeVeney, Jeannie) |
| Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 20CV03451, trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-5924464.), filed by Matthew Fletcher, Beth Johnson, Johnson County, Kansas Board of County Commissioners, Tiffany Hentschel. (Attachments: #1 Exhibit A, #2 Exhibit B) (DeVeney, Jeannie) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (kmc) |
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