Prater v. Johnson County Community College et al
Plaintiff: Aaron Prater
Defendant: Johnson County Community College, Leroy Cox, Jerry Marcellus, Larry McCloud and Lee Cross
Case Number: 2:2023cv02572
Filed: December 27, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Teresa J James
Referring Judge: Eric F Melgren
2 Judge: Angel D Mitchell
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2024 Opinion or Order Filing 26 ORDER granting #25 MOTION for Extension of Time to File Response as to #15 Motion to Dismiss for Failure to State a Claim, #16 Motion to Dismiss for Failure to State a Claim, #19 Motion to Dismiss for Failure to State a Claim, #10 Motion to Dismiss for Failure. Response deadline 3/18/2024 and Response deadline 3/20/2024. Signed by Chief District Judge Eric F. Melgren on 2/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
February 23, 2024 Filing 25 MOTION for Extension of Time to File Response as to #15 Motion to Dismiss for Failure to State a Claim, #16 Motion to Dismiss for Failure to State a Claim, #19 Motion to Dismiss for Failure to State a Claim, #10 Motion to Dismiss for Failure to State a Claim by Plaintiff Aaron Prater (referred to Magistrate Judge Teresa J. James) (Lickteig, Theodore)
February 23, 2024 MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 MOTION for Extension of Time to File Response as to #10 #15 #16 and #19 Motions to Dismiss. The motion will be resolved by the District Judge.(byk)
February 15, 2024 Opinion or Order Filing 24 ORDER granting #23 the parties' Joint Motion to Stay Discovery and Other Pre-Trial Proceedings. The Court finds a stay of discovery and further pretrial proceedings to be appropriate based upon the individual Defendants' assertion of qualified immunity in their motions to dismiss and the joint request of all parties to this proceeding for a stay. Accordingly, all discovery and pretrial proceedings, including the 3/13/2024 Scheduling Conference and 3/6/2024 related deadlines for submitting a proposed scheduling order and Rule 26(a)(1)(A) initial disclosures, are hereby stayed as to all parties until the Court rules on #10 #15 #16 #19 Defendants' motions to dismiss. If the Court's ruling(s) on the motions to dismiss do not dismiss all parties or claims, then counsel for the remaining parties shall promptly jointly email chambers of the undersigned Magistrate Judge with suggested dates for re-setting the scheduling conference or provide suggestions regarding how this case should further proceed. Signed by Magistrate Judge Teresa J. James on 2/15/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
February 14, 2024 Filing 23 Joint MOTION to Stay Discovery re #22 Initial Order Regarding Planning and Scheduling, by Defendants Leroy Cox, Johnson County Community College, Larry McCloud (referred to Magistrate Judge Teresa J. James) (Teeter, Derek)
February 7, 2024 Opinion or Order Filing 22 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 3/13/2024 at 10:00 AM in KC Courtroom 236 (TJJ) before Magistrate Judge Teresa J. James. Rule 26 Planning Conference Deadline 2/21/2024. Rule 26 Initial Disclosures Deadline set for 3/6/2024. Proposed Scheduling Order Deadline 3/6/2024. Signed by Magistrate Judge Teresa J. James on 2/7/2024. (tvn)
February 6, 2024 Filing 21 ENTRY OF APPEARANCE by Blake H. Butner on behalf of Lee Cross (Butner, Blake)
February 5, 2024 Filing 20 MEMORANDUM IN SUPPORT of #19 Motion to Dismiss for Failure to State a Claim by Defendant Lee Cross. (Church, Daniel)
February 5, 2024 Filing 19 MOTION to Dismiss for Failure to State a Claim by Defendant Lee Cross. (Church, Daniel)
February 5, 2024 Filing 18 MEMORANDUM IN SUPPORT of #15 Motion to Dismiss for Failure to State a Claim by Defendants Leroy Cox, Larry McCloud. (Attachments: #1 Ex. 1 - In re the Due Process Hearing of Johnson County Community College v. Prater, #2 Ex. 2 - Grandes Report) (Teeter, Derek)
February 5, 2024 Filing 17 MEMORANDUM IN SUPPORT of #16 Motion to Dismiss for Failure to State a Claim by Defendant Jerry Marcellus. (Doyle, John)
February 5, 2024 Filing 16 MOTION to Dismiss for Failure to State a Claim by Defendant Jerry Marcellus. (Doyle, John)
February 5, 2024 Filing 15 MOTION to Dismiss for Failure to State a Claim by Defendants Leroy Cox, Larry McCloud. (Teeter, Derek)
February 5, 2024 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Response as to #11 Memorandum in Support of Motion, #10 Motion to Dismiss for Failure to State a Claim. Response deadline 2/28/2024. Signed by Chief District Judge Eric F. Melgren on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
February 5, 2024 MOTION REFERRAL to Magistrate Judge REMOVED as to: #13 MOTION for Extension of Time to File Response as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The motion will be resolved by the District Judge.(byk)
February 2, 2024 Filing 13 MOTION for Extension of Time to File Response as to #10 Motion to Dismiss for Failure to State a Claim by Plaintiff Aaron Prater. (Lickteig, Theodore)
January 23, 2024 Filing 12 CLERKS ORDER EXTENDING TIME until 2/6/2024 for Defendants Leroy Cox, Larry McCloud to answer or otherwise plead. Signed by deputy clerk on 1/23/2024. (nac)
January 17, 2024 Filing 11 MEMORANDUM IN SUPPORT of #10 Motion to Dismiss for Failure to State a Claim by Defendant Johnson County Community College. (Attachments: #1 Ex. 1 - In re Due Process Hg., 2023 WL 1866808, #2 Ex. 2 - Johnson Cnty. Comm. Coll. v. Prater, 538 P.3d 857, #3 Ex. 3 - Master Agreement, #4 Ex. 4 - Termination Letter) (Teeter, Derek)
January 17, 2024 Filing 10 MOTION to Dismiss for Failure to State a Claim by Defendant Johnson County Community College. (Teeter, Derek)
January 2, 2024 Filing 9 NOTICE of Filing Notice to State Court of Notice of Removal by Johnson County Community College, Larry McCloud. (Teeter, Derek)
January 2, 2024 Filing 8 DEMAND FOR TRIAL BY JURY by Aaron Prater. (Lickteig, Theodore)
January 2, 2024 Filing 7 AMENDED COMPLAINT against All Defendants, filed by Aaron Prater.(Lickteig, Theodore)
December 28, 2023 Opinion or Order Filing 6 ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Teresa J. James for all further proceedings. Magistrate Judge Angel D. Mitchell no longer assigned to case. Signed by Magistrate Judge Angel D. Mitchell on 12/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
December 27, 2023 Filing 5 CLERKS ORDER EXTENDING TIME until 1/17/2024 for Defendant Johnson County Community College to answer or otherwise plead. Signed by deputy clerk on 12/27/2023. (jk)
December 27, 2023 Filing 4 STATE COURT RECORDS from District Court of Johnson County, Kansas. (Teeter, Derek)
December 27, 2023 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendants Johnson County Community College, Larry McCloud - trial to be held in Kansas City. (Teeter, Derek)
December 27, 2023 Filing 2 CIVIL COVER SHEET by Defendants Johnson County Community College, Larry McCloud. (Teeter, Derek)
December 27, 2023 Filing 1 NOTICE OF REMOVAL from Johnson County, Kansas District Court, case number 23CV05079, trial location of Kansas City (Filing fee $405, Internet Payment Receipt Number AKSDC-6235420.), filed by Johnson County Community College, Larry McCloud. (Attachments: #1 Exhibit 1 - State Court Petition) (Teeter, Derek)
December 27, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)

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Plaintiff: Aaron Prater
Represented By: Theodore J. Lickteig
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Defendant: Johnson County Community College
Represented By: Derek T. Teeter
Represented By: Michael T. Raupp
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Defendant: Leroy Cox
Represented By: Derek T. Teeter
Represented By: Michael T. Raupp
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Defendant: Jerry Marcellus
Represented By: John F. Doyle
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Defendant: Larry McCloud
Represented By: Derek T. Teeter
Represented By: Michael T. Raupp
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Defendant: Lee Cross
Represented By: Blake H. Butner
Represented By: Daniel F. Church
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