McElroy v. Simon Property Group, Inc.
Plaintiff: John McElroy
Defendant: Simon Property Group, Inc.
Case Number: 5:2008cv04041
Filed: March 11, 2008
Court: US District Court for the District of Kansas
Office: Topeka Office
County: Shawnee
Presiding Judge: Richard D Rogers
Referring Judge: K Gary Sebelius
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 24, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2009 Filing 69 RECEIPT acknowledged of plaintiff for exhibits as to John McElroy (ms)
November 20, 2009 Filing 68 MINUTE ORDER for Disposal of Exhibits. Parties have fifteen (15) days from date of this order to withdraw named documents. EXHIBITS RETURNED TO COUNSEL FOR PLAINTIFF WITH A RECEIPT AND A COPY OF THIS ORDER.. Signed by deputy clerk on 11/20/09.(meh)
August 13, 2009 ***Civil Case Terminated. (ms)
June 8, 2009 Filing 67 STIPULATION of Dismissal with Prejudice by Simon Property Group, Inc.. (Konopka, Patricia)
May 8, 2009 Filing 66 MINUTE ENTRY for proceedings held before Magistrate Judge K. Gary Sebelius: Settlement Conference held on 5/8/2009. Case settled. Defendant is directed to prepare the written settlement agreement in accordance with the terms reached in the settlement conference with the court. Defendant shall forward the written settlement agreement to the plaintiff for his signature no later than one week from today. The parties are directed to file closing documents within thirty (30) days. (Court Reporter: Network) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (wl)
May 6, 2009 Filing 65 ENTRY OF APPEARANCE by Patricia A. Konopka on behalf of Simon Property Group, Inc.. (Konopka, Patricia)
April 29, 2009 Opinion or Order Filing 64 NOTICE AND ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 5/8/2009 at 10:30 AM in Courtroom 470 before Magistrate Judge K. Gary Sebelius. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 4/29/09. (bh)
April 29, 2009 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to Serve Discovery Responses. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 4/28/09. (bh)
April 20, 2009 Filing 62 MOTION for Extension of Time to File Response as to #55 Notice of Service by Defendant Simon Property Group, Inc.(Stein, Stewart)
April 15, 2009 Filing 61 NOTICE of Intent to Use Experts by John McElroy (Haney, Thomas)
April 14, 2009 Opinion or Order Filing 60 ORDER denying #56 Motion for Default Judgment; granting #58 Motion for Leave to File answer out of time. Signed by District Judge Richard D. Rogers on 4/14/09. (meh)
March 31, 2009 Filing 59 RESPONSE by Defendant Simon Property Group, Inc. re #56 MOTION for Default Judgment and Supporting Memorandum (Attachments: #1 Exhibit 1)(Stein, Stewart)
March 18, 2009 Filing 58 MOTION for Leave to file Answer Out of Time by Defendant Simon Property Group, Inc. (Attachments: #1 Exhibit)(Stein, Stewart)
March 16, 2009 Filing 57 ANSWER to #1 Complaint by Simon Property Group, Inc..(Stein, Stewart)
March 13, 2009 Filing 56 MOTION for Default Judgment and Supporting Memorandum by Plaintiff John McElroy(Haney, Thomas)
March 5, 2009 Filing 55 NOTICE OF SERVICE by John McElroy of Discovery (Haney, Thomas)
February 17, 2009 Opinion or Order Filing 54 ORDER granting #53 Motion for Extension of Time. The parties shall submit their confidential settlement reports by March 3, 2009. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 2/17/09. (bh)
February 16, 2009 Filing 53 Second MOTION for extension of time to Submit Confidential Settlement Report by Defendant Simon Property Group, Inc.(Stein, Stewart)
February 9, 2009 Opinion or Order Filing 52 ORDER granting #51 Motion for Extension of Time. Parties shall submit their confidential settlement reports by 2/17/09. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 2/9/09. (bh)
February 6, 2009 Filing 51 Joint MOTION for extension of time by Plaintiff John McElroy(Haney, Thomas)
January 28, 2009 Opinion or Order Filing 50 ORDER granting #49 Motion for Extension of Time. Plaintiff and defendant shall submit confidential settlement reports to the court by February 6, 2009. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 1/28/09. (bh)
January 28, 2009 Filing 49 MOTION for extension of time to submit confidential settlement report by Defendant Simon Property Group, Inc.(Stein, Stewart)
January 6, 2009 Filing 48 TRANSCRIPT of Preliminary Injunction Hearing held September 11, 2008 before Judge Richard D. Rogers, 102 pgs., Court Reporter Kelli Stewart, Telephone number 785-232-2545. Transcript purchased by: Thomas Haney. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 4/6/2009. (Nora Lyon & Associates, )
January 5, 2009 Opinion or Order Filing 47 SCHEDULING ORDER: Discovery deadline 5/29/2009. Dispositive motion deadline 7/14/2009. Proposed Pretrial Order due by 6/19/2009. Final Pretrial Conference set for 6/26/2009 at 11:00 AM before Magistrate Judge K. Gary Sebelius. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 1/5/09. (bh)
January 5, 2009 Filing 46 MINUTE ENTRY for proceedings held before Magistrate Judge K. Gary Sebelius: Scheduling Conference held on 1/5/2009. (bh)
November 25, 2008 Opinion or Order Filing 45 ORDER granting #44 Motion for Extension of Time to Hold Scheduling Conference. The court hereby resets the telephone scheduling conference for 1/5/2009, at 9:30 AM before Magistrate Judge K. Gary Sebelius. Plaintiff shall submit a completed report of the parties' planning conference by December 29, 2008. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 11/24/08. (bh)
November 24, 2008 Filing 44 MOTION for extension of time to Hold Scheduling Conference by Defendant Simon Property Group, Inc.(Stein, Stewart)
October 20, 2008 Opinion or Order Filing 43 ORDER granting #41 Motion for Extension of Time to Conduct Scheduling Conference. Scheduling Conference set for 12/3/2008 at 1:30 PM before Magistrate Judge K. Gary Sebelius. Report of parties' planning meeting due 11/24/08. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 10/20/08. (bh)
October 20, 2008 Opinion or Order Filing 42 ORDER granting #40 Kana R. Lydick's Motion to Withdraw as Attorney. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 10/20/08. (bh)
October 17, 2008 Filing 41 MOTION for extension of time to File Scheduling Conference Report and to Conduct Scheduling Conference by Plaintiff John McElroy(Haney, Thomas)
October 7, 2008 Filing 40 MOTION to Withdraw as Attorney by Plaintiff John McElroy(Lydick, Kana)
September 18, 2008 Opinion or Order Filing 39 ORDER granting #38 Motion for Additional Time to File Scheduling Conference Report. The telephone scheduling conference will be held on October 24, 2008, at 10:30 a.m. By October 17, 2008, plaintiff shall submit a completed report of the parties' planning conference. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 9/18/08. (bh)
September 17, 2008 Filing 38 MOTION for extension of time to File Scheduling Conference Report and to Conduct Scheduling Conference by Plaintiff John McElroy(Haney, Thomas)
September 15, 2008 Opinion or Order Filing 37 MEMORANDUM AND ORDER denying #19 Defendant's Motion to Dismiss and granting #3 Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Richard D. Rogers on 9/15/08. (ms)
September 11, 2008 Filing 36 MINUTE ENTRY for proceedings held before District Judge Richard D. Rogers: Motion Hearing held on 9/11/2008 re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John McElroy. (Court Reporter Stewart.) (meh)
September 2, 2008 Filing 35 REPLY to Response to Motion by Defendant Simon Property Group, Inc. re: #19 MOTION to Dismiss Complaint and Incorporated Memorandum of Law Defendant's Reply Memorandum to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss (Stein, Stewart)
August 19, 2008 Opinion or Order Filing 34 ORDER granting #33 Motion for Extension of Time to File Response/Reply re #19 MOTION to Dismiss Complaint and Incorporated Memorandum of Law Reply deadline 9/2/2008. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 8/19/08.(bh)
August 19, 2008 Filing 33 MOTION for Extension of Time to File Reply as to #25 Response to Motion to Dismiss by Defendant Simon Property Group, Inc.(Stein, Stewart)
August 15, 2008 Filing 32 SURREPLY by Defendant Simon Property Group, Inc. re: #28 MOTION for Leave to File a Sur-Reply to Plaintiff's Reply to His Application for Temporary Restraining Order and Preliminary Injunction (Stein, Stewart)
August 8, 2008 Opinion or Order Filing 31 ORDER SETTING TELEPHONE SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 9/24/2008 at 9:30 AM before Magistrate Judge K. Gary Sebelius. Report of Parties' Planning Meeting deadline 9/17/2008. SEE TEXT OF ORDER FOR DETAILS. Signed by Magistrate Judge K. Gary Sebelius on 8/1/2008.(ars)
August 4, 2008 Filing 30 NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing is reset for 9/11/2008 at 10:00 AM in Courtroom 401 (RDR) before District Judge Richard D. Rogers. (meh)
August 4, 2008 Opinion or Order Filing 29 ORDER granting in part and denying in part #28 Motion for Leave to File sur-reply. The court shall grant the motion but require that the sur-reply be filed on or before August 5, 2008. Signed by District Judge Richard D. Rogers on 8/4/08. (meh)
July 29, 2008 Filing 28 MOTION for Leave to File a Sur-Reply to Plaintiff's Reply to His Application for Temporary Restraining Order and Preliminary Injunction by Defendant Simon Property Group, Inc.(Stein, Stewart)
July 29, 2008 Filing 27 NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 8/7/2008 at 10:00 AM in Courtroom 401 (RDR) before District Judge Richard D. Rogers. (meh)
July 28, 2008 Filing 26 REPLY to Response to Motion by Plaintiff John McElroy re: #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Plaintiff's Reply to His Application for TRO and Preliminary Injunction (Attachments: #1 Exhibit Simon Press Release, #2 Exhibit Stipulated Permanent Injunction)(Lydick, Kana)
July 28, 2008 Filing 25 RESPONSE by Plaintiff John McElroy re #19 MOTION to Dismiss Complaint and Incorporated Memorandum of Law (Lydick, Kana)
July 9, 2008 Opinion or Order Filing 24 ORDER granting #23 Motion for Extension of Time to File Response/Reply re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Reply deadline 7/28/2008. Signed by Magistrate Judge K. Gary Sebelius on 7/9/2008.(ars)
July 3, 2008 Filing 23 MOTION for Extension of Time to File Reply as to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #20 Response, by Plaintiff John McElroy(Haney, Thomas)
June 30, 2008 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time to File Response/Reply re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Reply deadline 7/7/2008. SEE TEXT OF ORDER FOR DETAILS. Signed by Magistrate Judge K. Gary Sebelius on 6/30/2008.(ars)
June 24, 2008 Filing 21 MOTION for Extension of Time to File Reply as to #20 Response, by Plaintiff John McElroy(Haney, Thomas)
June 16, 2008 Filing 20 RESPONSE And Memorandum of Law In Opposition to Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction by Defendant Simon Property Group, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Stein, Stewart)
June 16, 2008 Filing 19 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Defendant Simon Property Group, Inc.(Stein, Stewart)
June 13, 2008 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer/Otherwise Respond. Simon Property Group, Inc. answer/response due 6/16/2008. Signed by Magistrate Judge K. Gary Sebelius on 6/13/2008. (ars)
June 11, 2008 Filing 17 Fourth MOTION for Extension of Time to File Answer by Defendant Simon Property Group, Inc.(Stein, Stewart)
May 8, 2008 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time to Answer. Defendant Simon Property Group, Inc. answer due 6/11/2008. Signed by Magistrate Judge K. Gary Sebelius on 5/8/2008. (ars)
May 8, 2008 Filing 15 Third MOTION for Extension of Time to File Answer by Defendant Simon Property Group, Inc.(Stein, Stewart)
April 29, 2008 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to Answer Simon Property Group, Inc. answer/response due 5/12/2008. Signed by Magistrate Judge K. Gary Sebelius on 4/29/2008. (ars)
April 25, 2008 Filing 13 Second MOTION for Extension of Time to File Answer by Defendant Simon Property Group, Inc.(Stein, Stewart)
April 18, 2008 Opinion or Order Filing 12 ORDER granting #11 Unopposed Motion for Extension of Time to Answer. Simon Property Group, Inc. deadline to answer or otherwise respond is 4/28/2008. Signed by Magistrate Judge K. Gary Sebelius on 4/17/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ars)
April 16, 2008 Filing 11 Second MOTION for Extension of Time to File Answer by Defendant Simon Property Group, Inc.(Stein, Stewart)
April 10, 2008 Opinion or Order Filing 10 ORDER granting #9 Motion for Stipulated Extension of Time to Answer by defendant Simon Property Group, Inc. The defendant shall answer or otherwise respond to plaintiff's complaint on or before April 18, 2008. Signed by District Judge Richard D. Rogers on 4/9/08. (meh) Modified on 4/14/2008 (ms).
April 7, 2008 Filing 9 MOTION for Extension of Time to File Answer by Defendant Simon Property Group, Inc.(Stein, Stewart)
April 2, 2008 Opinion or Order Filing 8 ORDER granting #5 Motion to Appear Pro Hac Vice Brian C. Blair for Simon Property Group, Inc. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge K. Gary Sebelius on 4/2/2008.(ars)
March 31, 2008 Filing 7 CLERKS ORDER extending time for Defendant Simon Property Group, Inc. to 4/11/08 to answer or otherwise plead. Signed by deputy clerk on 3/31/08. (ms) Modified text on 4/2/2008 (mb).
March 31, 2008 Filing 6 MOTION for Clerk's Extension of Time to File Answer re #1 Complaint by Defendant Simon Property Group, Inc. (ms)
March 31, 2008 Filing 5 MOTION for attorney Brian C. Blair to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 10830000000001167742.) by Defendant Simon Property Group, Inc.(Stein, Stewart)
March 13, 2008 Filing 4 Summons Returned Executed -- Certified Mail by John McElroy upon Simon Property Group, Inc. served on 3/12/2008, answer due 4/1/2008 (Haney, Thomas)
March 11, 2008 Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Response deadline 3/25/2008) by Plaintiff John McElroy (Attachments: #1 Exhibit A - Affidavit of John McElroy, #2 Exhibit B -- Affidavit of Anthony Fadale, #3 Exhibit C -- DOT Disability Law Guidance, #4 Exhibit D -- National Park Service Use of Segways by Persons with Disabilities, #5 Exhibit E -- Proposed TRO)(Haney, Thomas)
March 11, 2008 Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff John McElroy - trial to be held in Topeka. (td)
March 11, 2008 Filing 1 COMPLAINT (Summons Issued) with trial location of Topeka, filed by John McElroy. (Attachments: #1 Exhibit)(td)
March 11, 2008 FILING FEE PAID: in the amount of $ 350, receipt number T4631002277 (td)
March 11, 2008 Summons Issued as to Simon Property Group, Inc.. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (td)

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Defendant: Simon Property Group, Inc.
Represented By: Patricia A. Konopka
Represented By: Brian C. Blair
Represented By: Stewart M. Stein
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Plaintiff: John McElroy
Represented By: Thomas D. Haney
Represented By: Kana R. Roller
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