Ulusemre et al v. Hatley et al
| Tolga Ulusemre and Xiaolei Xu |
| Joseph Hatley, Stephanie Bowman, Madison Perry, Spencer Fane, LLP, Joann Woltman, Clifford Cohen, Robyn Butler, Gregory Bentz, Wallace Saunders, Tish Taylor, Anne Kindling, Joseph Hollander & Craft, LLC, Mike Fleming, Kapke Willerth, Kathleen Baker, Catherine Singleton, Brittany Jacobson, Kali Kasprzyk, Donald Hymer and Maria Davies |
| 2:2025cv02407 |
| July 25, 2025 |
| U.S. District Court for the District of Kansas |
| Toby Crouse |
| Angel D Mitchell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2026. A more recent docket listing may be available from PACER.
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Filing 71
ORDER denying as premature #70 motion for referral of case to mediation or settlement conference pursuant to D. Kan. Rule 16.3. As noted in Rule 16.3(c), "the court will discuss ADR [i.e., alternative dispute resolution] at the scheduling conference." The scheduling conference in this case will be held if and when plaintiffs' claims survive pending motions to dismiss. (See ECF 67.) Signed by Magistrate Judge Angel D. Mitchell on 1/12/2026. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 70 MOTION (titled: Motion to Refer to Mediation or to a Judicial Settlement Conference) by Plaintiff Tolga Ulusemre. (Motion referred to Magistrate Judge Angel D. Mitchell.) (kmc) |
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Filing 69
MEMORANDUM AND ORDER. Plaintiffs' motion for recusal (ECF #68 ) is denied in part and retained under advisement in part. It is denied to the extent it moves the undersigned judge to recuse. It is retained under advisement to the extent it asks U.S. District Judge Crouse to recuse. Signed by Magistrate Judge Angel D. Mitchell on 10/28/2025. Sent to Xiaolei Xu by regular mail. (mam)
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| Filing 68 MOTION to Recuse by Plaintiff Tolga Ulusemre. (Attachments: #1 Affidavit) (mam) |
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Filing 67
ORDER. Defendants' joint motion to stay discovery and the setting of case- management deadlines (ECF #63 ) is granted. Discovery, including the requirements of preparing a report of parties' planning meeting and exchanging Rule 26 initial disclosures, is stayed pending the court's rulings on the motions to dismiss. The 12/4/2025 scheduling conference is cancelled. Should any of plaintiffs' claims survive the motions to dismiss, the parties are directed to meet and confer and submit a proposed scheduling order via email to the undersigned's chambers within 14 days of the district judge's ruling on the motion. The court will then reset the scheduling conference. Signed by Magistrate Judge Angel D. Mitchell on 10/20/2025. Sent to pro se party Xiaolei Xu by regular mail. (mam)
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| NOTICE Re: Pro Se Mailing. Order (Doc. #67 ) sent to Kali Kasprzykby regular mail. (mam) |
| Filing 66 TENTATIVE DISCOVERY PLAN by Plaintiff Tolga Ulusemre in Support of #65 Response re #63 Joint Motion to Stay Discovery. (mam) |
| Filing 65 RESPONSE by Plaintiff Tolga Ulusemre re #63 Joint Motion to Stay Discovery. (mam) |
| Filing 64 REPLY TO RESPONSE TO MOTION by Defendants Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP re: #53 Motion to Dismiss for Failure to State a Claim (Bear, Brian) |
| Filing 63 JOINT MOTION to Stay Discovery on behalf of all Defendants. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) Modified on 10/9/2025 to update filers to reflect document is being filed as to all defendants. (jal) |
| Filing 62 RESPONSE by Plaintiff Tolga Ulusemre re #53 Motion to Dismiss. (mam) |
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Filing 60
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Fed. R. Civ. P. 1 mandates the "just, speedy, and inexpensive" determination of this action. With this goal in mind, a Fed. R. Civ. P. 16 scheduling conference will be held 12/4/2025 at 10:00 AM. The conference will be held by telephone. Participants must dial in to the conference call at 913-423-1010, then enter conference ID 172 480 243# and follow the prompts to join the call as a participant. If the parties would rather appear live or by video-conference, they may make that request when they email their proposed scheduling order to the court. The parties, in person and/or through counsel, must confer as required by Fed. R. Civ. P. 26(f) by 11/10/2025. By 11/20/2025, plaintiffs must submit a red-lined version of the proposed scheduling order that shows all changes to the court's form proposed scheduling order and a clean version of the proposed scheduling order. Both versions of the document must be submitted in Word format as an attachment to an email sent to [email protected]. The parties must serve their Rule 26(a) (1)(A) initial disclosures by 11/20/2025, and email copies of the initial disclosures to the undersigned judge's chambers with the proposed scheduling order. Signed by Magistrate Judge Angel D. Mitchell on 9/30/2025. Sent to pro se party Xiaolei Xu by regular mail. (mam)
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| NOTICE Re: Pro Se Mailing. Initial Order Regarding Planning and Scheduling (Doc. #60 ) sent to Kali Kasprzyk by regular mail. (mam) |
| Filing 61 RESPONSE by Plaintiff Tolga Ulusemre re #12 Motion to Dismiss. (mam) |
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Filing 59
ORDER denying #14 motion to stay discovery, and setting briefing schedule for anticipated future motions. The currently pending motion to stay discovery (ECF 14) is denied as premature, given that discovery is not yet open. Once the court issues an initial order regarding planning and schedule (which the court intends to do in the very near future), the court anticipates, given the large number of pending motions to dismiss, that one or more defendant may seek to stay discovery and the setting of case-management deadlines. Accordingly, the court proactively sets the following deadlines to govern any such motion. Defendants' unified motion to stay is due by October 10, 2025: this must be a single motion joined by any defendant requesting a stay pending resolution of dispositive motions. Plaintiffs' response to the motion is due by October 20, 2025. Defendants' joint reply is due by October 27, 2025. Signed by Magistrate Judge Angel D. Mitchell on 9/30/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 58 REPLY TO RESPONSE TO MOTION by Defendant Clifford Cohen re: #28 Motion to Dismiss for Failure to State a Claim (Bentz, Gregory) |
| Filing 57 REPLY TO RESPONSE TO MOTION by Defendants Kathleen Baker, Brittany Jacobson, Catherine Singleton re: #20 Motion to Dismiss (Fleming, Michael) |
| Filing 56 RESPONSE to #36 Application for Clerks Entry of Default by Defendant Donald Hymer. (Sittenauer, Katherine) |
| Filing 55 ENTRY OF APPEARANCE by Brian T. Bear on behalf of Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP (Greathouse, Leslie) Modified text on 9/24/2025. (jal) |
| Filing 54 MEMORANDUM IN SUPPORT of #53 Motion to Dismiss by Defendants Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP. (Greathouse, Leslie) |
| Filing 53 MOTION to Dismiss for Failure to State a Claim by Defendants Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP. (Greathouse, Leslie) |
| Filing 52 MOTION to Dismiss by Defendant Kapke Willerth. (Fleming, Michael) |
| Filing 51 MEMORANDUM IN SUPPORT of #15 MOTION to Dismiss by Defendants Gregory Bentz, Robyn Butler, Wallace Saunders(Brackman, Christopher) |
| Filing 50 RESPONSE by Plaintiff Tolga Ulusemre re #40 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim. (Attachments: #1 A, #2 B)(sz) |
| Filing 49 RESPONSE by Plaintiff Tolga Ulusemre re #37 Motion to Dismiss. (Attachments: #1 A, #2 B)(sz) |
| Filing 48 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Brittany Jacobson served on 8/19/2025, answer due 9/9/2025. (sz) |
| Filing 47 RESPONSE by Plaintiff Tolga Ulusemre re #20 Motion to Dismiss. (mam) |
| Filing 46 RESPONSE by Plaintiff Tolga Ulusemre re #28 Motion to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit A, #2 Exhibit B) (jal) |
| Filing 45 RESPONSE by Plaintiff Tolga Ulusemre re #22 Motion to Dismiss. (Attachments: #1 A, #2 B, #3 C, #4 D)(sz) |
| Filing 44 RESPONSE by Plaintiff Tolga Ulusemre re #15 Motion to Dismiss. (sz) |
| Filing 43 RESPONSE by Plaintiff Tolga Ulusemre re #14 Motion to Stay Discovery. (sz) |
| Filing 42 RESPONSE by Plaintiff Tolga Ulusemre re #19 Motion to Dismiss for Failure to State a Claim. (sz) |
| Filing 41 CLERKS ORDER EXTENDING TIME until 9/26/2025 for Defendants Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP to answer or otherwise plead. Signed by deputy clerk on 9/9/2025. Mailed to pro se party Xiaolei Xu by regular mail. (jsh) |
| Filing 40 MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 9/29/2025) by Defendants Maria Davies, Donald Hymer, Joann Woltman (Attachments: #1 Exhibit Ulusemre v. Baker, et al. Transcript.)(Cooper, David) |
| Filing 39 ENTRY OF APPEARANCE by Leslie A. Greathouse on behalf of Stephanie Bowman, Joseph Hatley, Madison Perry, Spencer Fane, LLP. (Greathouse, Leslie) |
| Filing 38 RESPONSE by Plaintiff Tolga Ulusemre re #12 Motion to Dismiss for Failure to State a Claim. (sz) |
| Filing 37 MOTION to Dismiss by Defendant Mike Fleming (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fleming, Michael) |
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Filing 35
ORDER granting #34 motion for extension of time until September 8, 2025, for defendant Donald Hymer to answer or otherwise respond to the complaint. The motion is granted for good cause shown therein. Signed by Magistrate Judge Angel D. Mitchell on 9/3/2025. Mailed to pro se party plaintiff Xiaolei Xu by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 34 MOTION for Extension of Time to File Answer re #1 Complaint Out of Time by Defendant Hymer by Defendants Maria Davies, Donald Hymer, Joann Woltman (referred to Magistrate Judge Angel D. Mitchell) (Cooper, David) |
| Filing 36 APPLICATION FOR CLERKS ENTRY OF DEFAULT against Defendant Donald Hymer by Tolga Ulusemre. (Attachments: #1 A, #2 B, #3 C)(sz) |
| (DISREGARD - SEE de #36 for corrected version) -- APPLICATION FOR CLERKS ENTRY OF DEFAULT against Defendant Donald Hymer by Tolga Ulusemre. (sz) Modified on 9/5/2025 (sz). |
| Filing 33 CERTIFICATE OF SERVICE of Mailed Docs 27, 27.1, 28, 28.1, 29, 29.1 and 29.2 by Clifford Cohen. (Bentz, Gregory) |
| Filing 32 ENTRY OF APPEARANCE by Robyn M. Butler on behalf of Clifford Cohen (Butler, Robyn) |
| Filing 31 ENTRY OF APPEARANCE by Gregory M. Bentz on behalf of Clifford Cohen (Bentz, Gregory) |
| Filing 30 WAIVER of Service of Summons by Defendant Clifford Cohen. (Bentz, Gregory) Modified on 9/3/2025 to update filer. (jal) |
| Filing 29 NOTICE of Amendment Pursuant to FRCP15(a)(1) by Clifford Cohen (Attachments: #1 Exhibit A, #2 Exhibit B)(Bentz, Gregory) |
| Filing 28 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Clifford Cohen (Attachments: #1 Exhibit A - Def Cohen Amended Memorandum in Support)(Bentz, Gregory) |
| Filing 27 AMENDED MEMORANDUM IN SUPPORT of #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Clifford Cohen (Attachments: #1 Exhibit A - Journal Entry and Order Granting Def Cohen Mot to Dismiss)(Bentz, Gregory) Modified on 9/1/2025 to correct title (ca). |
| Filing 26 MEMORANDUM IN SUPPORT of #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Clifford Cohen(Butler, Robyn) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Clifford Cohen (Butler, Robyn) |
| Filing 24 ANSWER to #1 Complaint by Clifford Cohen.(Butler, Robyn) |
| Filing 23 MEMORANDUM IN SUPPORT of #22 MOTION to Dismiss Plaintiffs' Complaint by Defendant Tish Taylor(Erickson, Marc) |
| Filing 22 MOTION to Dismiss Plaintiffs' Complaint by Defendant Tish Taylor (Erickson, Marc) |
| Filing 21 ENTRY OF APPEARANCE by Marc K. Erickson on behalf of Tish Taylor (Erickson, Marc) |
| Filing 20 MOTION to Dismiss by Defendants Kathleen Baker, Brittany Jacobson, Catherine Singleton (Attachments: #1 Exhibit A, #2 Exhibit B)(Fleming, Michael) |
| Filing 19 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Joseph Hollander & Craft, LLC, Anne Kindling (Joseph, Christopher) |
| Filing 18 ENTRY OF APPEARANCE by Christopher Michael Joseph on behalf of Joseph Hollander & Craft, LLC, Anne Kindling (Joseph, Christopher) |
| Filing 17 CLERKS ORDER EXTENDING TIME until 9/8/2025 for Defendants Maria Davies, Joann Woltman to answer or otherwise plead. Signed by deputy clerk on 8/25/2025. Mailed to pro se parties Xiaolei Xu (plaintiff) and Kali Kasprzyk (defendant) by regular mail. (jsh) |
| Filing 16 MEMORANDUM IN SUPPORT of #15 MOTION to Dismiss by Defendants Gregory Bentz, Robyn Butler, Wallace Saunders(Brackman, Christopher) |
| Filing 15 MOTION to Dismiss by Defendants Gregory Bentz, Robyn Butler, Wallace Saunders (Brackman, Christopher) |
| Filing 14 MOTION to Stay Discovery by Defendants Gregory Bentz, Robyn Butler, Wallace Saunders (referred to Magistrate Judge Angel D. Mitchell) (Brackman, Christopher) |
| Filing 13 ENTRY OF APPEARANCE by Christopher A. Brackman on behalf of Gregory Bentz, Robyn Butler, Wallace Saunders (Brackman, Christopher) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kali Kasprzyk (Attachments: #1 Proposed Order, #2 Cover Letter). (mls) |
| Filing 11 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Maria Davies, served on 8/4/2025, answer due 8/25/2025. (mls) |
| Filing 10 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Donald Hymer, served on 8/4/2025, answer due 8/25/2025. (mls) |
| Filing 9 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Catherine Singleton, served on 8/2/2025, answer due 8/25/2025. (mls) |
| Filing 8 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Kathleen Baker, served on 8/2/2025, answer due 8/25/2025. (mls) |
| Filing 7 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Wallace Saunders, served on 8/4/2025, answer due 8/25/2025. (mls) |
| Filing 6 SUMMONS RETURNED EXECUTED -- Certified Mail by Tolga Ulusemre upon Joann Woltman, served on 8/4/2025, answer due 8/25/2025. (mls) |
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Filing 5
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge Teresa J. James no longer assigned to case. Signed by Magistrate Judge Teresa J. James on 7/28/2025. Mailed to pro se party Xiaolei Xu by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kas)
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| Filing 4 DOCKET ANNOTATION: Plaintiff Tolga Ulusemre is a registered pro se participant with ECF notifications only. (gw) |
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Filing 3
ORDER REASSIGNING CASE: Case reassigned to District Judge Toby Crouse for all further proceedings. District Judge Holly L. Teeter no longer assigned to case. Signed by District Judge Holly L. Teeter on 7/28/2025. Mailed to pro se party Tolga Ulusemre and Xiaolei Xu by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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| 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.) 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 https://www.uscourts.gov/file/459/download (jsh) |
| SUMMONS ISSUED as to Kathleen Baker, Gregory Bentz, Stephanie Bowman, Robyn Butler, Clifford Cohen, Maria Davies, Mike Fleming, Joseph Hatley, Donald Hymer, Brittany Jacobson, Joseph Hollander & Craft, LLC, Kapke Willerth, Kali Kasprzyk, Anne Kindling, Madison Perry, Catherine Singleton, Spencer Fane, LLP, Tish Taylor, Wallace Saunders, Joann Woltman (Returned to plaintiff for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Plaintiff for service with complaint. Copy sent to pro se Plaintiff Xiaolei Xu at 13982 W 147th St., Olathe, KS 66062 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiffs Tolga Ulusemre, Xiaolei Xu. (jsh) |
| Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Xiaolei Xu, Tolga Ulusemre. (Attachments: #1 Complaint Attachment, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (jsh) |
| FILING FEE PAID: in the amount of $ 405.00, receipt number 200002240. (jsh) |
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