Couser v. Somers et al
Plaintiff: Wendy Couser
Defendant: Newton, Kansas, City of, Unknown Officers From McPherson County Sheriff's Office, Chad Gay, Harvey, Kansas, County of, Jerry Montagne, Skyler Hinton, Unknown Officers From Newton Police Department, McPherson, Kansas, County of, Anthony Hawpe, Unknown Officers From Harvey County Sheriff's Office, Harvey County Sheriff's Office, McPherson County Sheriff's Office, Jason Achilles and Chris Somers
Case Number: 6:2018cv01221
Filed: August 8, 2018
Court: US District Court for the District of Kansas
Office: Wichita Office
County: Harvey
Presiding Judge: Gwynne E Birzer
Referring Judge: John W Broomes
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2018 ALIAS SUMMONS ISSUED as to Anthony Hawpe. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
September 27, 2018 Filing 45 DOCKET ANNOTATION re #43 Conventionally Filed Exhibits 1 & 2 in Support of #39 Memorandum in Support of Motion to Dismiss: Counsel has now provided a chambers copy which has been forwarded to District Judge John W. Broomes (2 CDs total, 1 exhibit/disc, filed conventionally per docket entry #41). (mam)
September 26, 2018 Filing 44 NOTICE OF DEFICIENCY re #43 CONVENTIONALLY FILED EXHIBITS 1 & 2 - Item was filed conventionally and no courtesy copy was provided per D.Kan. 7.1(d)(2). The filing party/attorney is directed to correct the deficiency immediately. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
September 26, 2018 Filing 43 CONVENTIONALLY FILED EXHIBITS 1 & 2 IN SUPPORT of #39 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (2 CDs total, 1 exhibit/disc). Exhibits 1 & 2 were filed conventionally per docket entry #41. Counsel only provided one set of exhibits, discs will be stored in the Wichita clerk's office. (mam)
September 26, 2018 Opinion or Order Filing 41 ORDER granting #40 Motion for Leave to File Conventionally (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.). Entered by District Judge John W. Broomes on 09/26/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) Modified on 9/27/2018 to specify what they are allowed to file (aa).
September 25, 2018 Filing 42 CONVENTIONALLY FILED EXHIBITS A-D IN SUPPORT of #34 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (4 CDs total, 1 exhibit/disc). Exhibits A-D were filed conventionally per docket entry #37. Chambers copy forwarded to District Judge John W. Broomes and the original copy will be stored in the Wichita clerk's office. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
September 25, 2018 Filing 40 MOTION FOR LEAVE to File Exhibit 1, Exhibit 2 Conventionally by Defendants Anthony Hawpe, Skyler Hinton, Newton, Kansas, City of (referred to Magistrate Judge Gwynne E. Birzer) (Keeley, Edward)
September 25, 2018 Filing 39 MEMORANDUM IN SUPPORT of #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anthony Hawpe, Skyler Hinton, Newton, Kansas, City of (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Keeley, Edward)
September 25, 2018 Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anthony Hawpe, Skyler Hinton, Newton, Kansas, City of (Keeley, Edward)
September 25, 2018 Opinion or Order Filing 37 ORDER granting #32 Motion for Leave to File Conventionally (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.). Entered by District Judge John W. Broomes on 09/25/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
September 24, 2018 Opinion or Order Filing 36 ORDER granting #35 Unopposed Motion for Extension of Time to Answer. Defendants Anthony Hawpe; Skyler Hinton; and City of Newton shall have until 9/25/2018 to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 9/24/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel)
September 24, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 MOTION FOR LEAVE to File Minkevitch Video, Ex A; Hawpe Video, Ex B; Gayer Video, Ex C; Somers Video, Ex D Conventionally . The motion will be resolved by the District Judge.(rel)
September 24, 2018 Filing 35 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendants Anthony Hawpe, Skyler Hinton, Newton, Kansas, City of (referred to Magistrate Judge Gwynne E. Birzer) (Keeley, Edward)
September 24, 2018 Filing 34 MEMORANDUM IN SUPPORT of #33 MOTION to Dismiss by Defendants Jason Achilles, McPherson County Sheriff's Office, McPherson, Kansas, County of, Jerry Montagne (Attachments: #1 Exhibit List Index of Exhibits Filed Conventionally)(Millsap, Charles)
September 24, 2018 Filing 33 MOTION to Dismiss by Defendants Jason Achilles, McPherson County Sheriff's Office, McPherson, Kansas, County of, Jerry Montagne (Millsap, Charles)
September 24, 2018 Filing 32 MOTION FOR LEAVE to File Minkevitch Video, Ex A; Hawpe Video, Ex B; Gayer Video, Ex C; Somers Video, Ex D Conventionally by Defendants Jason Achilles, McPherson County Sheriff's Office, McPherson, Kansas, County of, Jerry Montagne. (Millsap, Charles) Modified on 9/25/2018 to remove referral information. (mam)
September 21, 2018 Opinion or Order Filing 31 ORDER granting #30 Unopposed Motion for Extension of Time to Answer. Defendants Chad Gay, Harvey County Sheriff's Office, and Harvey County shall have until 10/8/2018 to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 9/21/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel)
September 21, 2018 Filing 30 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendants Chad Gay, Harvey County Sheriff's Office, Harvey, Kansas, County of (referred to Magistrate Judge Gwynne E. Birzer) (Crouse, Toby)
September 19, 2018 Filing 29 CLERKS ORDER EXTENDING TIME until 10/17/2018 for Defendant Chris Somers to answer or otherwise plead. Signed by deputy clerk on 9/19/2018. (mam)
September 19, 2018 NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding #28 Return of Service of Summons Executed. The wrong service date was originally listed. The docket text of docket entry #28 has been modified to read: Personal Service by Wendy Couser upon Chris Somers served on 9/12/2018, answer due 10/3/2018. (aa)
September 18, 2018 Filing 28 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Chris Somers served on 9/12/2018, answer due 10/3/2018 (Loevy, Joshua) Modified on 9/19/2018 to correct the service/answer dates (aa).
September 12, 2018 Filing 27 ENTRY OF APPEARANCE by Brian L. Bina on behalf of McPherson, Kansas, County of (Bina, Brian)
September 10, 2018 Filing 26 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Skyler Hinton (Loevy, Joshua)
September 7, 2018 Filing 25 CLERKS ORDER EXTENDING TIME until 9/24/2018 for Defendants Harvey, Kansas, County of, Harvey County Sheriff's Office, Chad Gay to answer or otherwise plead. Signed by deputy clerk on 9/7/2018. (mam)
September 7, 2018 Filing 24 ENTRY OF APPEARANCE by Toby Crouse on behalf of Chad Gay, Harvey County Sheriff's Office, Harvey, Kansas, County of. (Crouse, Toby)
September 6, 2018 Filing 23 CLERKS ORDER EXTENDING TIME until 9/24/2018 for Defendant Newton, Kansas, City of to answer or otherwise plead. Signed by deputy clerk on 9/6/2018. (mam)
September 6, 2018 Filing 22 CLERKS ORDER EXTENDING TIME until 9/24/2018 for Defendants Anthony Hawpe, Skyler Hinton to answer or otherwise plead. Signed by deputy clerk on 9/6/2018. (mam)
September 5, 2018 Filing 21 CLERKS ORDER EXTENDING TIME until 09/24/2018 for Defendants McPherson, Kansas, County of, Jason Achilles, McPherson County Sheriff's Office & Jerry Montagne to answer or otherwise plead. Signed by deputy clerk on 09/05/2018. (aa)
September 5, 2018 Filing 20 ENTRY OF APPEARANCE by Charles E. Millsap on behalf of Jason Achilles, McPherson County Sheriff's Office, McPherson, Kansas, County of, Jerry Montagne. (Millsap, Charles)
August 31, 2018 Filing 19 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Skyler Hinton served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 18 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon McPherson, Kansas, County of served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 17 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon McPherson County Sheriff's Office served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 16 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Jerry Montagne served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 15 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Jason Achilles served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 14 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Harvey, Kansas, County of served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 13 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Harvey County Sheriff's Office served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 12 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Newton, Kansas, City of served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 11 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Chad Gay served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 31, 2018 Filing 10 SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Anthony Hawpe served on 8/20/2018, answer due 9/10/2018 (Loevy, Joshua)
August 22, 2018 Opinion or Order Filing 9 ORDER granting #8 Motion to Appear Pro Hac Vice of Jonathan Loevy for plaintiff Wendy Couser pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should 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/. Signed by Magistrate Judge Gwynne E. Birzer on 8/22/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
August 21, 2018 Filing 8 MOTION for attorney Jon Loevy to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4563081.) by Plaintiff Wendy Couser (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Loevy, Joshua)
August 15, 2018 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear Pro Hac Vice of Arthur Loevy for Wendy Couser pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should 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/. Signed by Magistrate Judge Gwynne E. Birzer on 8/15/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
August 15, 2018 Opinion or Order Filing 6 ORDER granting #4 Motion to Appear Pro Hac Vice of Mark Loevy-Reyes for Wendy Couser pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should 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/. Signed by Magistrate Judge Gwynne E. Birzer on 8/15/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
August 15, 2018 SUMMONS ISSUED as to Harvey County Sheriff's Office, Harvey, Kansas, County of, McPherson County Sheriff's Office, McPherson, Kansas, County of, Newton, Kansas, City of. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn)
August 14, 2018 Filing 5 MOTION for attorney Arthur Loevy to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4555976.) by Plaintiff Wendy Couser (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Loevy, Joshua)
August 14, 2018 Filing 4 MOTION for attorney Mark Loevy-Reyes to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4555798.) by Plaintiff Wendy Couser (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Loevy, Joshua)
August 13, 2018 SUMMONS ISSUED as to Jason Achilles, Chad Gay, Anthony Hawpe, Skyler Hinton, Jerry Montagne, Chris Somers. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (sw)
August 9, 2018 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sz)
August 9, 2018 Filing 3 CIVIL COVER SHEET by Plaintiff Wendy Couser, individually and as administrator of the Estate of Matthew Holmes. (Loevy, Joshua)
August 9, 2018 Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Wendy Couser, individually and as administrator of the Estate of Matthew Holmes - trial to be held in Wichita. (Loevy, Joshua)
August 9, 2018 Filing 1 COMPLAINT with trial location of Wichita ( Filing fee $400, Internet Payment Receipt Number AKSDC-4551447.), filed by Wendy Couser, individually and as administrator of the Estate of Matthew Holmes.(Loevy, Joshua)

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Search for this case: Couser v. Somers et al
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Defendant: Newton, Kansas, City of
Represented By: Edward L. Keeley
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Defendant: Unknown Officers From McPherson County Sheriff's Office
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Defendant: Chad Gay
Represented By: David E. Rogers
Represented By: Toby Crouse
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Defendant: Harvey, Kansas, County of
Represented By: David E. Rogers
Represented By: Toby Crouse
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Defendant: Jerry Montagne
Represented By: Charles E. Millsap
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Defendant: Skyler Hinton
Represented By: Edward L. Keeley
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Defendant: Unknown Officers From Newton Police Department
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Defendant: McPherson, Kansas, County of
Represented By: Brian L. Bina
Represented By: Charles E. Millsap
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Defendant: Anthony Hawpe
Represented By: Edward L. Keeley
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Defendant: Unknown Officers From Harvey County Sheriff's Office
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Defendant: Harvey County Sheriff's Office
Represented By: David E. Rogers
Represented By: Toby Crouse
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Defendant: McPherson County Sheriff's Office
Represented By: Charles E. Millsap
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Defendant: Jason Achilles
Represented By: Charles E. Millsap
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Defendant: Chris Somers
Represented By: J. Steven Pigg
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Plaintiff: Wendy Couser
Represented By: Joshua L. Loevy
Represented By: Mark Loevy-Reyes
Represented By: Jonathan Loevy
Represented By: Arthur Loevy
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