Ricky Dean's Inc., et al v. Marcellino, M.D. et al
| Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar and Ricky Dean's Inc. doing business as The Sandbar |
| Thomas Marcellino, M.D., Doe Entities 1-20 and John Doe 1-20 |
| 5:2020cv04063 |
| October 9, 2020 |
| US District Court for the District of Kansas |
| Sam A Crow |
| Eric F Melgren |
| Angel D Mitchell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.
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Filing 34
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 1/12/2021 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 12/22/2020. Report of Parties Planning Meeting deadline 1/5/2021. Rule 26 Initial Disclosures Deadline set for 1/5/2021. Signed by Magistrate Judge Angel D. Mitchell on 12/2/2020. (ht)
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Filing 33
MEMORANDUM AND ORDER denying #14 Motion for Preliminary Injunction. Signed by District Judge Eric F. Melgren on 11/19/2020. (cm)
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| Filing 32 ANSWER to #13 Amended Complaint, by Thomas Marcellino, M.D..(Finkeldei, Bradley) |
| Filing 31 CLERKS ORDER EXTENDING TIME until 11/19/2020 for Defendant Thomas Marcellino, M.D. to answer or otherwise plead. Signed by deputy clerk on 11/13/2020. (jsh) |
| DOCKET ANNOTATION: as to #31 Clerks Order Extending Time to Answer filed by Thomas Marcellino, M.D.: On 11/13/2020, the clerk's office was made aware of the defendant's request for a clerk's extension on the amended complaint that was originally emailed 11/3/2020 but not received in the clerk's office email inbox. (jsh) |
| Filing 30 MINUTE ENTRY for proceedings held before District Judge Eric F. Melgren: MOTION HEARING held on 11/10/2020 re #14 MOTION for Preliminary Injunction filed by Rita Madl, Ricky Dean's Inc.. The court has taken the matter under advisement and will issue a written order.(Court Reporter Jo Wilkinson.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) |
| Filing 29 STIPULATION Limited Joint Stipulation for Purposes of the November 10, 2020 Hearing by Rita Madl, Ricky Dean's Inc.. (MacRoberts, Samuel) |
| Filing 28 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #14 MOTION for Preliminary Injunction : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) At the direction of Judge Eric F. Melgren, the Motion Hearing has been re-set for 11/10/2020 at 09:30 AM as a Video Conference - Zoom Hearing before District Judge Eric F. Melgren. All parties have been sent the Zoom Log-In information via email.(cm) |
| Filing 27 CERTIFICATE OF SERVICE by Rita Madl, Ricky Dean's Inc. re #26 Reply to Response to Motion. (MacRoberts, Samuel) |
| Filing 26 REPLY TO RESPONSE TO MOTION by Plaintiffs Rita Madl, Ricky Dean's Inc. re: #14 Motion for Preliminary Injunction (MacRoberts, Samuel) |
| Filing 25 RESPONSE by Defendant Thomas Marcellino, M.D. re #14 Motion for Preliminary Injunction (Finkeldei, Bradley) |
| Filing 24 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Preliminary Injunction Hearing set for 11/10/2020 at 09:30 AM in Topeka Courtroom 403 before District Judge Eric F. Melgren. (cm) |
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Filing 23
ORDER expediting the deadlines re #14 Motion for Preliminary Injunction. Defendant Thomas Marcellino, M.D.'s response deadline is 11/2/2020. Plaintiff Ricky Dean's Inc. and Rita Madl's reply deadline is 11/5/2020. Signed by District Judge Eric F. Melgren on 10/29/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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Filing 22
ORDER OF RECUSAL. District Judge John W. Lungstrum recused. Case reassigned to District Judge Eric F. Melgren for all further proceedings Signed by District Judge John W. Lungstrum on 10/28/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses)
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| Filing 21 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Lungstrum for all further proceedings. District Judge Daniel D. Crabtree no longer assigned to case. Signed by deputy clerk on 10/28/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) |
| Filing 20 SUMMONS RETURNED EXECUTED by Ricky Dean's Inc., d/b/a The Sandbar, Rita Madl upon Thomas Marcellino, M.D. served on 10/22/2020, answer due 11/12/2020 (MacRoberts, Samuel) |
| Filing 19 CERTIFICATE OF SERVICE of Notice to Office of Kansas Attorney General by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar re #18 Notice of Service. (MacRoberts, Samuel) |
| Filing 18 NOTICE OF SERVICE by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar of Verified Amended Complaint on Office of Kansas Attorney General (MacRoberts, Samuel) |
| Filing 17 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction and Memo in Support by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar re #15 Memorandum in Support of Motion, #14 MOTION for Preliminary Injunction . (MacRoberts, Samuel) |
| Filing 16 ENTRY OF APPEARANCE by Bradley R. Finkeldei on behalf of Thomas Marcellino, M.D.. (Finkeldei, Bradley) |
| Filing 15 MEMORANDUM IN SUPPORT of #14 MOTION for Preliminary Injunction by Plaintiffs Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar(MacRoberts, Samuel) |
| Filing 14 MOTION for Preliminary Injunction by Plaintiffs Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar (MacRoberts, Samuel) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Ricky Dean's Inc., d/b/a The Sandbar, Rita Madl. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(MacRoberts, Samuel) |
| SUMMONS ISSUED as to #13 AMENDED COMPLAINT to Thomas Marcellino, M.D. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh) |
| Filing 12 CERTIFICATE OF SERVICE of Clerk issued Notice (Doc. 9) and Order Regarding Potential for Judicial Disqualification (Doc. 10)) by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar re #9 Notice Concerning Waiver of Judicial Disqualification, 11 Order,,, #10 Order Regarding Judicial Disqualification. (MacRoberts, Samuel) |
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Filing 11
ORDER. Yesterday, the court issued an Order Regarding Potential for Judicial Disqualification (Doc. #10 ) and the Clerk issued a related Notice (Doc. #9 ). Because the lone named defendant has not yet appeared, the court directs plaintiff to serve both Doc. 9 and Doc. 10 on defendant (or his counsel) on the earlier of the following events: (1) when defense counsel is identified, formally or informally; or (2) when defendant enters his appearance in the case. Plaintiff's counsel must file a Certificate of Service with the court when it has discharged the duty imposed by this Order. IT IS SO ORDERED. Signed by District Judge Daniel D. Crabtree on 10/20/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mig)
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Filing 10
ORDER REGARDING POTENTIAL FOR JUDICIAL DISQUALIFICATION. Signed by District Judge Daniel D. Crabtree on 10/19/2020. (heo)
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| Filing 9 NOTICE Concerning Potential Judicial Disqualification - See Notice for details. (heo) |
| Filing 8 CERTIFICATE OF SERVICE of Notice of Pending Case in State Court by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar re #7 Notice (Other). (MacRoberts, Samuel) |
| Filing 7 NOTICE of Pending Case in State Court by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar (MacRoberts, Samuel) |
| Filing 6 SUMMONS RETURNED EXECUTED by Ricky Dean's Inc., d/b/a The Sandbar, Rita Madl upon Thomas Marcellino, M.D. served on 10/14/2020, answer due 11/4/2020 (MacRoberts, Samuel) |
| Filing 5 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. U.S. District Senior Judge Sam A. Crow no longer assigned to case. Entered by Deputy Clerk on 10/13/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(msb) |
| Filing 4 NOTICE OF SERVICE by Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar of Verified Complaint and Exhibits on the Office of Kansas Attorney General (MacRoberts, Samuel) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Ricky Dean's Inc., d/b/a The Sandbar identifying None as corporate parent . (MacRoberts, Samuel) |
| Filing 2 CIVIL COVER SHEET by Plaintiffs Rita Madl, Ricky Dean's Inc., d/b/a The Sandbar. (MacRoberts, Samuel) |
| Filing 1 COMPLAINT with trial location of Topeka ( Filing fee $400, Internet Payment Receipt Number AKSDC-5284367.), filed by Ricky Dean's Inc., d/b/a The Sandbar, Rita Madl. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(MacRoberts, Samuel) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Sam A. Crow and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) |
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