Preston v. Lopez et al
| Robert L. Preston |
| Paul D. Pauley, Steve R. Edler, Garden City, Kansas, City of and Kimberly P. Lopez |
| 6:2018cv01227 |
| August 15, 2018 |
| US District Court for the District of Kansas |
| Wichita Office |
| Finney |
| Teresa J James |
| Eric F Melgren |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Filing 19 RESPONSE by Plaintiff Robert L. Preston re #13 MOTION for Judgment on the Pleadings (Vrana, Nicholas) |
Filing 18
ORDER granting as unopposed Defendants' #15 Motion to Stay Discovery. The three individual Defendants in this action have asserted qualified immunity in the pending #13 Defendants' Motion for Partial Judgment on the Pleadings. The Supreme Court has made it clear that until the threshold question of immunity is resolved, discovery should not be allowed. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The Court finds a stay of discovery to be appropriate, given the immunity issues raised in the pending Motion for Partial Judgment on the Pleadings. All Fed. R. Civ. P. 26(a) and (f) obligations and pretrial proceedings, including the October 16, 2018 telephone Scheduling Conference, are hereby stayed until the presiding District Judge rules on #13 Defendants' Motion for Partial Judgment on the Pleadings. In the event any of Plaintiff's claims survive after the Court rules on the motion, counsel for Defendants shall contact chambers of the undersigned Magistrate Judge for the purpose of reconvening the scheduling conference. Signed by Magistrate Judge Teresa J. James on 10/3/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 17
ORDER CHANGING DATE OF SCHEDULING CONFERENCE AND RELATED DEADLINE. In light of the #15 Motion to Stay Discovery filed by Defendants Steve R. Edler, City of Garden City, Kansas, and Paul D. Pauley, the Court resets the Scheduling Conference for 11/1/2018 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. COUNSEL WHO WILL PARTICIPATE MUST DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. The deadline for the completed Report of Parties' Planning Conference and Rule 26 Initial Disclosures is 10/25/2018. Signed by Magistrate Judge Teresa J. James on 9/14/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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| Filing 16 MEMORANDUM IN SUPPORT of #15 MOTION to Stay Discovery by Defendants Steve R. Edler, Garden City, Kansas, City of, Paul D. Pauley(Cross, William) |
| Filing 15 MOTION to Stay Discovery by Defendants Steve R. Edler, Garden City, Kansas, City of, Paul D. Pauley (referred to Magistrate Judge Teresa J. James) (Cross, William) |
| Filing 14 MEMORANDUM IN SUPPORT of #13 MOTION for Judgment on the Pleadings by Defendants Steve R. Edler, Garden City, Kansas, City of, Paul D. Pauley (Attachments: #1 Exhibit A)(Cross, William) |
| Filing 13 MOTION for Judgment on the Pleadings by Defendants Steve R. Edler, Garden City, Kansas, City of, Paul D. Pauley (Cross, William) |
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Filing 12
INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/16/2018 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. COUNSEL WHO WILL PARTICIPATE MUST DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. Completed Report of Parties' Planning Conference and Rule 26 Initial Disclosures deadline 10/9/2018. Signed by Magistrate Judge Teresa J. James on 8/31/2018. (ts)
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| Filing 11 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Christopher B. Nelson as to Steve R. Edler, Garden City, Kansas, City of, Kimberly P. Lopez, Paul D. Pauley (Cross, William) |
| Filing 10 ANSWER to Complaint by Steve R. Edler, Garden City, Kansas, City of, Kimberly P. Lopez, Paul D. Pauley.(Nelson, Christopher) |
| Filing 9 RETURN OF SERVICE: Defendant Garden City, Kansas, City of served on 7/17/2018 (originally filed in the Finney County District Court). (mam) |
| Filing 8 RETURN OF SERVICE: Defendant Paul D. Pauley served on 7/16/2018 (originally filed in the Finney County District Court on 7/17/2018). (mam) |
| Filing 7 RETURN OF SERVICE: Defendant Steve R. Edler served on 7/16/2018 (originally filed in the Finney County District Court on 7/17/2018). (mam) |
| Filing 6 RETURN OF SERVICE: Defendant Kimberly P. Lopez served on 7/24/2018 (originally filed in the Finney County District Court on 7/25/2018). (mam) |
| Filing 5 STATE COURT RECORDS from Finney County, Kansas. (Nelson, Christopher) |
| Filing 4 NOTICE of Filing Notice to Plaintiff and Notice to State Court of Removal by Garden City, Kansas, City of, Steve R. Edler, Kimberly P. Lopez, Paul D. Pauley (Nelson, Christopher) Modified on 8/15/2018 to correct the name of a defendant (aa). |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendants Garden City, Kansas, City of, Steve R. Edler, Kimberly P. Lopez, Paul D. Pauley - trial to be held in Kansas City. (Nelson, Christopher) Modified on 8/15/2018 to correct the name of a defendant (aa). |
| Filing 2 CIVIL COVER SHEET by Defendants Garden City, Kansas, City of , Steve R. Edler, Kimberly P. Lopez, Paul D. Pauley. (Nelson, Christopher) Modified on 8/15/2018 to correct the name of a defendant (aa). |
| Filing 1 NOTICE OF REMOVAL from Finney County, Kansas, case number 2018-CV-89 Trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4557144.), filed by Paul D. Pauley, Steve R. Edler, Kimberly P. Lopez & Garden City, Kansas, City of . (Attachments: #1 Exhibit A)(Nelson, Christopher) Modified on 8/15/2018 to correct the name of a defendant (aa). |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Eric F. Melgren and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aa) |
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