Couser v. Somers et al
| Wendy Couser |
| 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 |
| 6:2018cv01221 |
| August 8, 2018 |
| US District Court for the District of Kansas |
| Wichita Office |
| Harvey |
| Gwynne E Birzer |
| John W Broomes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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ALIAS SUMMONS ISSUED as to Anthony Hawpe. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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Filing 38
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anthony Hawpe, Skyler Hinton, Newton, Kansas, City of (Keeley, Edward)
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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)
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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)
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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)
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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)
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Filing 33
MOTION to Dismiss by Defendants Jason Achilles, McPherson County Sheriff's Office, McPherson, Kansas, County of, Jerry Montagne (Millsap, Charles)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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Filing 27
ENTRY OF APPEARANCE by Brian L. Bina on behalf of McPherson, Kansas, County of (Bina, Brian)
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Filing 26
SUMMONS RETURNED EXECUTED -- Personal Service by Wendy Couser upon Skyler Hinton (Loevy, Joshua)
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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)
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Filing 24
ENTRY OF APPEARANCE by Toby Crouse on behalf of Chad Gay, Harvey County Sheriff's Office, Harvey, Kansas, County of. (Crouse, Toby)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 3
CIVIL COVER SHEET by Plaintiff Wendy Couser, individually and as administrator of the Estate of Matthew Holmes. (Loevy, Joshua)
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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)
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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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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)
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