Progeny et al v. Wichita, Kansas, City of et al
| Progeny, Jeremy Levy, JR, Elbert Costello, Martel Costello, Christopher Cooper and Jeremy Levy, Jr. |
| Gordon Ramsay, Chad Beard and Wichita, Kansas, City of |
| 6:2021cv01100 |
| April 15, 2021 |
| US District Court for the District of Kansas |
| Eric F Melgren |
| Angel D Mitchell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 213
UNOPPOSED MOTION to Exceed Page Limits for Brief in Opposition to #206 Defendant's Motion for Summary Judgment by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Brett, Sharon)
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Filing 212
MEMORANDUM AND ORDER granting #175 Plaintiffs' Motion for Class Certification. Jordan Carmichael Baehr, Mitchell F. Engel, Paul Monroe Vogel, Thomas J. Sullivan, Karen Ellen Leve, Kunyu L. Ching, Sharon Brett, and Teresa A. Woody are appointed as class counsel in this case. Signed by Chief District Judge Eric F. Melgren on 10/10/2023. (mam)
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Filing 211
MOTION to Seal or Redact #208 Provisionally Sealed Memorandum in Support of #206 Motion for Summary Judgment by Defendant Wichita, Kansas, City of. (Branson, Charles)
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Filing 210
UNOPPOSED MOTION to Seal or Redact #208 Provisionally Sealed Memorandum in Support of #206 Motion for Summary Judgment by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Vogel, Paul)
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Filing 209
NOTICE OF PROPOSED SEALED RECORD by All Plaintiffs re #208 Provisionally Sealed Memorandum in Support of Motion. (Vogel, Paul)
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Filing 208
PROVISIONALLY SEALED MEMORANDUM IN SUPPORT of #206 Motion for Summary Judgment by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Attachments: #1 Proposed Sealed Document E-mail from J. Salcido to G. Ramsay (Sept. 24, 2021 3:54 PM), #2 Proposed Sealed Document Selected E-mails between WPD and Outside Agencies, #3 Proposed Sealed Document Selected Gang Database Entries, #4 Proposed Sealed Document E-mail from C. Beard to C. Pinkston (Apr. 19, 2021 2:39 PM), #5 Proposed Sealed Document SOP for Entries into the Gang Database, #6 Proposed Sealed Document Identification of Gang Members and Associates Using Niche, #7 Proposed Sealed Document October 2011 Gang Bulletin Leak Documents, #8 Proposed Sealed Document Selected WPD Affidavits, #9 Proposed Sealed Document Wichita Street Gang/LEO Update 2012 Presentation Excerpts, #10 Proposed Sealed Document Wichita Police Department Performance Appraisal, #11 Proposed Sealed Document Gang Awareness and Domestic Terrorism: Understanding Gangs, #12 Proposed Sealed Document Strategies to Address Gang Activity: Suppression, Intervention and Prevention, #13 Proposed Sealed Document Wichita Gang Data Base Presentation Excerpts, #14 Proposed Sealed Document Wichita Gang Database Presentation Excerpts, #15 Proposed Sealed Document Selected Gang Mapping Documents, #16 Proposed Sealed Document E-mail from D. Harty to B. Mumma (July 26, 2019 10:38 PM), #17 Proposed Sealed Document Selected Gang Conditions E-mails, #18 Proposed Sealed Document Juvenile Notice Attempt Log, #19 Proposed Sealed Document Wichita Street Gangs: Gang Identification and Introduction to Criminal Street Gang Investigation Presentation, #20 Proposed Sealed Document Street Gangs in Wichita Presentation, #21 Proposed Sealed Document Wichita Gang Unit 2003 Basic Gang Manual, #22 Proposed Sealed Document Wichita Police Department Street Gang Awareness 2011, #23 Proposed Sealed Document Selected TOPS Cards, #24 Proposed Sealed Document Wichita Street Gang Identifiers, #25 Proposed Sealed Document 2012 - General Gang Info, #26 Proposed Sealed Document Sample Gang Conditions of Release, #27 Proposed Sealed Document Selected Gang Conditions E-mails, #28 Proposed Sealed Document Drug Court Eligibility Criteria, #29 Proposed Sealed Document Criminal Investigation Record of surveillance and traffic stop, #30 Proposed Sealed Document Facebook Messages, #31 Proposed Sealed Document E-mail from C. Carson to C. Beard (Sept. 8, 2022 1:22 PM), #32 Proposed Sealed Document Juvenile Notification List, #33 Proposed Sealed Document Progeny Staff Text Messages)(Vogel, Paul)
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Filing 207
MEMORANDUM IN SUPPORT of #206 Motion for Summary Judgment by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - WPD Gang/Felony Assault Unit Webpage, #3 Exhibit 2 - Chad Beard Deposition Transcript Excerpts, #4 Exhibit 3 - Jason Bartel Deposition Transcript Excerpts, #5 Exhibit 4 - WPD Policy 527, #6 Exhibit 5 - Wendell Nicholson Deposition Transcript Excerpts, #7 Exhibit 6 - Jeff Easter Deposition Transcript Vol. 1 Excerpts, #8 Exhibit 7 - Chad Beard (City of Wichita 30(b)(6)) Deposition Transcript Excerpts, #9 Exhibit 8 - Jeffrey Gilmore Deposition Transcript Excerpts, #10 Exhibit 10 - Timothy Baird (City of Wichita 30(b)(6)) Deposition Transcript Excerpts, #11 Exhibit 11 - Kevin McKenna Deposition Transcript Excerpts, #12 Exhibit 12 - City of Wichita's Responses to Plaintiffs' First Request for Admissions, #13 Exhibit 13 - Ana Muiz Deposition Transcript Excerpts, #14 Exhibit 14 - David Inkelaar Deposition Transcript Excerpts, #15 Exhibit 17 - Robert Mateo Deposition Transcript Excerpts, #16 Exhibit 18 - Jose Salcido Deposition Transcript Excerpts, #17 Exhibit 21 - Equal Justice Under Law: Report of the Racial Justice Task Force to the Board of Governors of the Wichita Bar Association, #18 Exhibit 22 - Gordon Ramsay Deposition Transcript Excerpts, #19 Exhibit 23 - Mark Hartman Declaration, #20 Exhibit 24 - 2020 Census query results for the Wichita, Kansas Metropolitan Area, #21 Exhibit 25 - 2020 Census query results for Sedgwick County, #22 Exhibit 26 - Jeff Easter Deposition Transcript Vol. 2 Excerpts, #23 Exhibit 30 - J. Houston Bales Declaration, #24 Exhibit 31 - Bach Hang Declaration, #25 Exhibit 32 - Jorge De Hoyos Declaration, #26 Exhibit 33 - Sonya Strickland Declaration, #27 Exhibit 34 - John Speer Deposition Transcript Excerpts, #28 Exhibit 36 - Sage Hemmert Deposition Transcript Excerpts, #29 Exhibit 37 - Wanda Parker-Givens Deposition Transcript Excerpts, #30 Exhibit 38 - Jason Tidd, FBI: Glasses found with jail search warrant help ID shooter at American Legion, The Wichita Eagle, #31 Exhibit 39 - Affidavit of Brandon Monroe, #32 Exhibit 45 - Christopher Cooper Declaration, #33 Exhibit 46 - Elbert Costello Declaration, #34 Exhibit 47 - Martel Costello Declaration, #35 Exhibit 48 - Jeremy Levy Declaration, #36 Exhibit 49 - Wichita Citizen's Review Board Report and Recommendation, #37 Exhibit 50 - U.S. Attorney's Office for the District of Columbia Press Release, #38 Exhibit 51 - Stanford University, Mapping Militant Organizations: "Three Percenters,", #39 Exhibit 52 - Robert Thatcher Deposition Transcript Excerpts, #40 Exhibit 57 - Ramsay Right to Sue Letter, #41 Exhibit 65 - Robert Layton Deposition Transcript Excerpts, #42 Exhibit 69 - Brandon Johnson Deposition Transcript Excerpts, #43 Exhibit 71 - Marquetta Atkins Declaration, #44 Exhibit 72 - Progeny's 2nd Supplemental Response to City of Wichita's Interrogatories, #45 Exhibit - Redacted 73 - Facebook Messages, #46 Exhibit - Redacted 76 - Progeny Staff Text Messages, #47 Exhibit 77 - Progeny Facebook Post, #48 Exhibit 78 - Progeny's Objections and Responses to City of Wichita's Interrogatories, #49 Exhibit 79 - Marquetta Atkins (Progeny 30(b)(6)) Deposition Transcript Excerpt, #50 Exhibit 80 - Christopher Cooper Deposition Transcript Excerpts, #51 Exhibit 81 - Christopher Cooper's Objections and Responses to City of Wichita's Interrogatories, #52 Exhibit 82 - Martel Costello Deposition Transcript Excerpts, #53 Exhibit 83 - Martel Costello's Objections and Responses to City of Wichita's Interrogatories, #54 Exhibit 84 - 2019 Journal Entry of Probation Violation Hearing, #55 Exhibit 85 - Elbert Costello Deposition Transcript Excerpts, #56 Exhibit 86 - Elbert Costello's Supplemental Objections and Responses to City of Wichita's Interrogatories, #57 Exhibit 87 - Elbert Costello's Objections and Responses to City of Wichita's Interrogatories, #58 Exhibit 88 - Jeremy Levy Deposition Transcript Excerpts, #59 Exhibit 89 - Jeremy Levy Objections and Responses to City of Wichita's Interrogatories)(Vogel, Paul)
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Filing 206
MOTION for Summary Judgment by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Vogel, Paul)
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Filing 205
MOTION for Summary Judgment by Defendant Wichita, Kansas, City of. (Attachments: #1 Ex 1 - Index of Exhibits, #2 Ex 2 - Easter Deposition Excerpts (volumes I and II), #3 Ex 3 - McKenna Deposition Excerpts, #4 Ex 4 - Beard 30(b)(6) Deposition Excerpts, #5 Ex 5 - Wichita Police Department Policy 527, #6 Ex 6 - Declaration of Jess Bernard, #7 Ex 7 - Salcido Deposition Excerpts, #8 Ex 8 - Beard Deposition Excerpts, #9 Ex 9 - Hemmert Deposition Excerpts, #10 Ex 10 - Inkelaar Deposition Excerpts, #11 Ex 11 - Johnson Deposition Excerpts, #12 Ex 12 - Parker-Givens Deposition Excerpts, #13 Ex 13 - Speer Deposition Excerpts, #14 Ex 14 - Charging affidavit, State v. Wendell Nicholson, Sedgwick County Case No. 2023-CR-000628-FE.3, #15 Ex 15 - Memorandum of Understanding Between WPD and U.S. Probation Office, #16 Ex 16 - Bartel Deposition Excerpts, #17 Ex 17 - Gilmore Deposition Excerpts, #18 Ex 18 - Thatcher Deposition Excerpts, #19 Ex 19 - Cory Deposition Excerpts, #20 Ex 20 - Christopher Cooper Deposition Excerpts., #21 Ex 21 - Excerpts of Christopher Cooper's Response to DEF's First Req. for Production, #22 Ex 22 - Excerpts of Christopher Cooper's Response to DEF's First Interrogatories, #23 Ex 23 - Joseph Levy Deposition Excerpts, #24 Ex 24 - Excerpts of Joseph Levy's Response to Defendant's First Request for Production, #25 Ex 25 - Martel Costello Deposition Excerpts, #26 Ex 26 - Carson Declaration, #27 Ex 27 - Exhibit 84 from M. Costello's Deposition, #28 Ex 28 - Exhibit 85 from M. Costellos' Deposition, #29 Ex 29 - Exhibit 86 from M. Costello's Deposition, #30 Ex 30 - Excerpts of Martel Costello's Response to Defendant's First Interrogatories, #31 Ex 31 - Exhibit 87 from M. Costello's Deposition, #32 Ex 32 - Excerpts of Martel Costello's Response to Defendant's First Request for Production, #33 Ex 33 - Elbert Costello's Deposition Excerpts, #34 Ex 34 - Excerpts of Elbert Costello's Response to Defendant's First Interrogatories, #35 Ex 35 - Excerpts of Elbert Costello's Response to Defendant's First Request for Production, #36 Ex 36 - Marquetta Atkin 30(b)(6) Deposition Excerpts, #37 Ex 37 - Excerpts of Progeny's Second Supplemental Response to Defendant's First Interrogatories, #38 Ex 38 - Exhibit 63 from E. Costello's Deposition, #39 Ex 39 - Beard Exhibit 37)(Cooper, David)
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Filing 204
ENTRY OF APPEARANCE by Kunyu L. Ching on behalf of All Plaintiffs (Ching, Kunyu)
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Filing 203
ORDER granting #200 Motion for Leave to File Excess Pages. Signed by Chief District Judge Eric F. Melgren on 9/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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Filing 202
ORDER granting #201 Motion for Leave to File Excess Pages. Signed by Chief District Judge Eric F. Melgren on 9/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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Filing 201
Unopposed MOTION for Leave to File Excess Pages by Defendant Wichita, Kansas, City of (Cooper, David)
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Filing 200
Unopposed MOTION for Leave to File Excess Pages - Second Unopposed Motion for Leave to File Excess Pages by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny (Brett, Sharon)
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Filing 199
TRANSCRIPT of Telephone Pretrial Conference held August 30, 2023 before Judge Angel D. Mitchell, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Jordan Baehr, Mitchell Engel, Paul Vogel, Thomas Sullivan. 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 12/14/2023. (kg)
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Filing 198
NOTICE of Rule 5.4.2(d) by Progeny re #189 Notice of Proposed Sealed Record (Engel, Mitchell)
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Filing 197
NOTICE OF CANCELLED HEARING: The Final Pretrial Conference set for 9/14/2023 at 10:00 AM is cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 196
PRETRIAL ORDER ENTERED estimated trial time 10 days; Court Trial set for 5/7/2024 at 09:00 AM in Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Magistrate Judge Angel D. Mitchell on 9/13/2023. (sz)
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Filing 195
ORDER granting #194 Motion for Leave to File Excess Pages. Signed by Chief District Judge Eric F. Melgren on 9/12/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sn)
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Filing 194
Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny (Brett, Sharon) Modified on 9/12/2023 to remove referral information (sz).
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #194 Unopposed MOTION for Leave to File Excess Pages . The motion will be resolved by the District Judge.(ht)
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Filing 193
CERTIFIED MAIL RECEIPT returned re #192 Certification addressed to Kansas Attorney General (signed for/delivered on 9/5/2023). (mam)
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Filing 192
CERTIFICATION. Pursuant to 28 U.S.C. 2403 and Federal Rule of Civil Procedure 5.1(b), the court hereby certifies to the Kansas Attorney General that plaintiffs in this action challenge the constitutionality of KAN. STAT. ANN. 21-6313 and 21-6316. The record reflects that, in accordance with Rule 5.1(a), plaintiffs served notice of their constitutional challenge on the Attorney General on 4/15/2021 (ECF #3 ). Mailed to the Kansas Attorney General by regular and certified mail (tracking # 7022 0410 0003 3816 3976). (mam)
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Filing 191
ORDER Following the Pretrial Conference. Revisions to Proposed Pretrial Order due by 9/11/2023. Final Pretrial Conference set for 9/14/2023 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 8/30/2023. (jal)
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Filing 190
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: FINAL PRETRIAL CONFERENCE held on 8/30/2023. (Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 189
NOTICE OF PROPOSED SEALED RECORD by All Plaintiffs re #188 Reply to Response to Motion, (Engel, Mitchell)
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Filing 188
PROVISIONALLY SEALED REPLY TO RESPONSE TO MOTION by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re: #175 PROVISIONALLY SEALED MOTION (Attachments: #1 Proposed Sealed Document Exhibit 1, #2 Proposed Sealed Document Exhibit 2)(Engel, Mitchell) Modified text on 8/30/2023 (msb).
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Filing 187
RESPONSE by Defendant Wichita, Kansas, City of re #175 PROVISIONALLY SEALED MOTION,, Opposing Class Certification (Corrected) (Cooper, David)
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Filing 186
RESPONSE by Defendant Wichita, Kansas, City of re #175 PROVISIONALLY SEALED MOTION,, Opposing Class Certification (Attachments: #1 Ex 1 Index of Exhibits, #2 Ex 2 Easter dep., #3 Ex 3 Salcido dep., #4 Ex 4 Beard dep., #5 Ex 5 Beard 30b6 dep., #6 Ex 6 Gilmore dep., #7 Ex 7 Bartel dep., #8 Ex 8 Inkelaar dep., #9 Ex 9 McKenna dep., #10 Ex 10 Hemmert dep., #11 Ex 11 Speer dep., #12 Ex 12 Thatcher dep., #13 Ex 13 Cory dep., #14 Ex 14 Johnson dep., #15 Ex 15 Parker-Givens dep., #16 Ex 16 Atkins 30b6 dep., #17 Ex 17 Levy dep., #18 Ex 18 Cooper dep., #19 Ex 19 E. Costello dep., #20 Ex 20 M. Costello dep., #21 Ex 21 Declaration of J. Bernard, #22 Ex 22 Declaration of J. Bernard)(Cooper, David)
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Filing 185
WITHDRAWAL OF COUNSEL by Bria Nelson and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Karen Ellen Leve on behalf of All Plaintiffs (Leve, Karen)
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Filing 184
NOTICE OF SERVICE by Wichita, Kansas, City of of NOS Def's Expert Witness Designation (Branson, Charles)
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Filing 183
ORDER granting #181 Unopposed Motion for Extension of Time to File Response as to #175 Motion for Class Certification. Response deadline 8/11/2023. Signed by Chief District Judge Eric F. Melgren on 7/18/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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Filing 182
ORDER granting #178 Motion to Seal or Redact #175 Provisionally Sealed Motion for Class Certification. The motion requested that the provisionally sealed document remain under seal. The motion is granted. The document shall remain under seal. All documents including the motion may be unsealed with the exception of Exhibits 14 and 15. The clerk is directed to remove the provisional designation from the specified docket entry. Signed by Chief District Judge Eric F. Melgren on 7/14/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #181 Unopposed MOTION for Extension of Time to File Response as to #175 PROVISIONALLY SEALED MOTION - Type of relief being requested: Class Certification. . The motion will be resolved by the District Judge.(ht)
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Filing 181
UNOPPOSED MOTION for Extension of Time to File Response as to #175 Provisionally Sealed Motion for Class Certification by Defendant Wichita, Kansas, City of. (Cooper, David)
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Filing 180
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Robert Mateo on 8/4/2023. (Engel, Mitchell)
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Filing 179
RULE 5.4.2(d) NOTICE by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re #175 Provisionally Sealed Motion for Class Certification. (Engel, Mitchell)
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Filing 178
MOTION to Seal or Redact #175 Provisionally Sealed Motion for Class Certification by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Engel, Mitchell)
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Filing 177
NOTICE OF PROPOSED SEALED RECORD by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re #175 Provisionally Sealed Motion for Class Certification. (Engel, Mitchell)
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Filing 176
EXHIBITS IN SUPPORT of #175 Provisionally Sealed Motion for Class Certification by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Attachments: #1 Ex. 1, #2 Proposed Sealed Document 2, #3 Proposed Sealed Document 3, #4 Proposed Sealed Document 4, #5 Proposed Sealed Document 5, #6 Proposed Sealed Document 6, #7 Proposed Sealed Document 7, #8 Proposed Sealed Document 8, #9 Proposed Sealed Document 9, #10 Proposed Sealed Document 10, #11 Proposed Sealed Document 11, #12 Proposed Sealed Document 12, #13 Proposed Sealed Document 13, #14 Proposed Sealed Document 14, #15 Proposed Sealed Document 15, #16 Proposed Sealed Document 16, #17 Ex. 17, #18 Ex. 18, #19 Ex. 19, #20 Ex. 20, #21 Ex. 21, #22 Ex. 22, #23 Ex. 23, #24 Ex. 24)(Engel, Mitchell)
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Filing 175
MOTION for Class Certification (PORTIONS OF THIS ENTRY UNDER SEAL) by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Attachments: #1 Exhibit List, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Sealed Ex. 14, #15 Sealed Ex. 15, #16 Ex. 16)(Engel, Mitchell) Modified on 7/14/2023 per 182 Order; provisionally sealed designation removed from all documents except exhibits 14 and 15. (kao)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #178 MOTION to Seal or Redact Document(s) #175 PROVISIONALLY SEALED MOTION - Type of relief being requested: Class Certification. , #175 PROVISIONALLY SEALED MOTION - Type of relief being requested: Class Certification.. The motion will be resolved by the District Judge.(amh)
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Filing 174
THIRD AMENDED SCHEDULING ORDER: The court grants #163 the City's Motion for Extension of Time for Rebuttal Expert Disclosures and Deposition of Plaintiff Christopher Cooper. Proposed Pretrial Order due by 8/22/2023. Final Pretrial Conference set for 8/30/2023 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 9/20/2023. Signed by Magistrate Judge Angel D. Mitchell on 6/20/2023. (Attachments: #1 Exhibit A)(ht)
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Filing 173
REPLY TO RESPONSE TO MOTION by Defendant Wichita, Kansas, City of re #163 Motion for Extension of Time for Rebuttal Expert Disclosures and Deposition of Plaintiff Christopher Cooper. (Attachments: #1 Attachment A - May 2, 2023 Email)(Branson, Charles)
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Filing 172
RESPONSE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re #163 Motion for Extension of Time for Rebuttal Expert Disclosures and Deposition of Plaintiff Christopher Cooper. (Brett, Sharon)
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Filing 171
NOTICE OF SERVICE by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of Progeny's 2nd Supplemental Response to Defendant's First Request for Production of Documents; Progeny's 2nd Supplemental Response to Defendant's 1st Interrogatories; Plaintiffs' 2nd Supplemental Rule 26(a) Initial Disclosures; Plaintiff Elbert Costello's Supplemental Response to Defendant's 1st Interrogatories; Plaintiff Elbert Costello's Supplemental Response to Defendant's 1st Request for Production of Documents; and Plaintiffs' Privilege Log. (Brett, Sharon)
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Filing 170
NOTICE OF SERVICE by Wichita, Kansas, City of of Response to Plaintiffs' Sixth Request to Defendant for Production of Documents and Electronically Stored Information and Response to Plaintiffs' First Request for Admissions to Defendant. (Branson, Charles)
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Filing 169
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Christopher Cooper on June 16, 2023. (Branson, Charles)
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Filing 168
TRANSCRIPT of Telephone Conference held 12/08/22 before Judge Angel D. Mitchell, Court Reporter Dani Murray, 913-907-1434, dani_murray@ksd.uscourts.gov. Transcript purchased by: Mr. Mitchell Engel. 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 9/6/2023. (dm)
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Filing 167
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendants' Second Supplemental Rule 26 Disclosures. (Branson, Charles)
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Filing 166
ORDER EXPEDITING BRIEFING DEADLINES as to #163 Motion for Extension of Time for Rebuttal Expert Disclosures and Deposition of PlaintiffChristopher Cooper. Any response is due by June 13, 2023, and any reply is due by June 15, 2023. Signed by Magistrate Judge Angel D. Mitchell on 6/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 165
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Response to Plaintiffs' Fifth Request for Production of Documents. (Branson, Charles)
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Filing 164
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Corrected First Supplemental Response to Plaintiffs Fourth Request for Production. (Branson, Charles)
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Filing 163
MOTION for Extension of Time for Rebuttal Expert Disclosures and Deposition of Plaintiff Christopher Cooper by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Branson, Charles)
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Filing 162
NOTICE OF SERVICE by Wichita, Kansas, City of of 1st Supplemental Response to Plaintiffs' 4th Request for Production. (Branson, Charles)
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Filing 161
NOTICE OF SERVICE by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of Documents Produced in Response to Defendant's First Set of Requests for Production. (Brett, Sharon)
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Filing 160
AMENDED NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Elbert Costello on June 1, 2023. (Branson, Charles)
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Filing 159
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Elbert Costello on June 1, 2023. (Cooper, David)
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Filing 158
NOTICE OF SERVICE by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of First Supplemental Rule 26(a) Disclosures. (Brett, Sharon)
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Filing 157
NOTICE OF SERVICE by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of First Supp. Responses and Objections to Def. First Set of Requests for Production of Documents and First Set of Interrogatories. (Brett, Sharon)
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Filing 156
AMENDED NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Martel Costello on June 8, 2023. (Branson, Charles)
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Filing 155
AMENDED NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Jeremy Levy, Jr. on June 7, 2023. (Branson, Charles)
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Filing 154
CERTIFICATE OF SERVICE of Jeremy Levy's Supplemental Responses to RFPs by Jeremy Levy, Jr. (Woody, Teresa)
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Filing 153
CERTIFICATE OF SERVICE of Martel Costello's Supplemental Response to RFPs by Martel Costello. (Woody, Teresa)
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Filing 152
CERTIFICATE OF SERVICE of Jeremy Levy's Supplemental Responses to RFPs by Jeremy Levy, Jr. (Woody, Teresa)
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Filing 151
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Jeremy Levy, Jr. on June 7, 2023. (Branson, Charles)
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Filing 150
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Martel Costello on June 8, 2023. (Branson, Charles)
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Filing 149
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Dr. Ana Muiz on May 19, 2023. (Attachments: #1 Subpoena - Dr. Ana Muiz)(Branson, Charles)
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Filing 148
NOTICE by Defendant Wichita, Kansas, City of of taking deposition of Progeny 30/(b)(6) on May 31, 2023. (Branson, Charles)
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Filing 147
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Jeff Easter on 5/18/2023. (Attachments: #1 Subpoena)(Engel, Mitchell)
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Filing 146
CERTIFICATE OF SERVICE of Plaintiffs' First Requests for Admission to Defendant by Progeny. (Woody, Teresa)
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Filing 145
CERTIFICATE OF SERVICE of Plaintiffs' 6th Request for Production to Defendant by Progeny. (Woody, Teresa)
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Filing 144
CERTIFICATE OF SERVICE of Plaintiffs' 5th Request to Defendant for Production of Documents and ESI by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Vogel, Paul)
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Filing 143
ORDER granting #141 Motion of Defendant City of Wichita For Leave of Court to Take Prisoner Depositions. The parties have informed the court that the motion is not opposed, and the proposed depositions appear to seek relevant information consistent with Fed. R. Civ. P. 26(b). Signed by Magistrate Judge Angel D. Mitchell on 4/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 142
CERTIFICATE OF SERVICE of Plaintiffs' Expert Report by Progeny. (Woody, Teresa)
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Filing 141
MOTION for Leave to Take Prisoner Deposition by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Branson, Charles)
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Filing 140
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's First Supplemental Response to Plaintiffs' Third Request for Production. (Branson, Charles)
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Filing 139
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Response to Plaintiffs' Fourth Request for Production of Documents. (Branson, Charles)
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Filing 138
ORDER granting #137 Second Unopposed Motion to Extend Time to File Amended Complaint. For good cause shown in the motion, the court extends plaintiffs' deadline for filing a motion for leave to amend complaint to April 28, 2023. Signed by Magistrate Judge Angel D. Mitchell on 4/12/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 137
SECOND UNOPPOSED MOTION to Extend Time to File Amended Complaint by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Woody, Teresa)
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Filing 136
ORDER granting #135 Unopposed Motion to Extend Time to File Amended Complaint. For good cause shown in the motion, the court extends plaintiffs' deadline for filing a motion for leave to amend complaint to April 14, 2023. Signed by Magistrate Judge Angel D. Mitchell on 3/29/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 135
UNOPPOSED MOTION to Extend Time to File Amended Complaint by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Brett, Sharon)
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Filing 134
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Response to Plaintiffs' Third Request for Production of Documents and ESI. (Branson, Charles)
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Filing 133
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of John Speer on 3/28/2023. (Engel, Mitchell)
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Filing 132
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Wichita State University on March 17, 2023 by Certified Mail. (Branson, Charles)
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Filing 131
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Spirit AeroSystems, Inc. on March 17, 2023 by Certified Mail. (Branson, Charles)
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Filing 130
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Kansas State University on March 17, 2023 by Certified Mail. (Branson, Charles)
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Filing 129
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Kansas Department of Corrections on March 16, 2023 by Certified Mail. (Branson, Charles)
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Filing 128
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Kansas Department of Corrections on March 16, 2023 by Certified Mail. (Branson, Charles)
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Filing 127
RETURN OF SERVICE of subpoena filed by Defendant Wichita, Kansas, City of executed upon Kansas Department of Corrections on March 16, 2023 by Certified Mail. (Branson, Charles)
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Filing 126
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Rule 30(b)(6) Representative for City of Wichita on 4/3/2023. (Vogel, Paul)
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Filing 125
CERTIFICATE OF SERVICE of Plaintiffs' 4th Request to Defendant for Production of Documents and ESI by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Vogel, Paul)
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Filing 124
NOTICE OF SERVICE by Wichita, Kansas, City of of City of Wichita's 8th Supplemental Response to Plaintiffs' First RFP. (Branson, Charles)
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Filing 123
NOTICE of Business Record Subpoena by Wichita, Kansas, City of. (Branson, Charles)
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Filing 122
NOTICE of Business Record Subpoena by Wichita, Kansas, City of. (Branson, Charles)
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Filing 121
NOTICE of Business Record Subpoena by Wichita, Kansas, City of. (Branson, Charles)
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Filing 120
NOTICE of Business Records Subpoenas by Wichita, Kansas, City of. (Branson, Charles)
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Filing 119
CERTIFICATE OF SERVICE of Plaintiffs' 3rd Request to Defendant for Production of Documents and ESI by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Vogel, Paul)
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Filing 118
NOTICE OF CHANGE OF FIRM NAME OR ADDRESS by Sharon Brett. (Brett, Sharon)
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Filing 117
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Robert Layton on 2/23/2023. (Engel, Mitchell)
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Filing 116
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of 30(b)(6) Witness for City of Wichita, Kansas on 2/24/2023. (Engel, Mitchell)
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Filing 115
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Gordon Ramsay on 2/28/2023. (Attachments: #1 Subpoena)(Engel, Mitchell)
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Filing 114
CERTIFICATE OF SERVICE of objections and responses to Defendant's First Sets of Interrogatories and First Requests for Production of Documents by Progeny. (Woody, Teresa)
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Filing 113
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Robert Layton on 2/23/2023. (Engel, Mitchell)
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Filing 112
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Christian Corey on 2/22/2023. (Engel, Mitchell)
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Filing 111
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Brandon Johnson on 2/21/2023. (Engel, Mitchell)
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Filing 110
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Jason Bartel on 1/31/2023. (Engel, Mitchell)
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Filing 109
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of John Speer on 1/31/2023. (Engel, Mitchell)
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Filing 108
SECOND AMENDED SCHEDULING ORDER: Discovery deadline 6/9/2023. Proposed Pretrial Order due by 6/26/2023. Final Pretrial Conference set for 7/6/2023 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 8/25/2023. Signed by Magistrate Judge Angel D. Mitchell on 12/8/2022. (ht)
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Filing 107
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: STATUS CONFERENCE held on 12/8/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 106
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.) Status Conference set for 12/8/2022 at 03:00 PM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 105
ORDER granting #103 Joint Motion to Lift Stay of Discovery. Discovery may resume. The undersigned judge's staff will coordinate with the parties to set a telephone status conference to discuss re-setting case-management deadlines. Signed by Magistrate Judge Angel D. Mitchell on 12/1/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 104
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Nicolas Shump as to All Plaintiffs. (Woody, Teresa)
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Filing 103
JOINT MOTION to Lift Stay of Discovery by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Brett, Sharon)
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Filing 102
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Kayla DeLoach as to All Plaintiffs. (DeLoach, Kayla)
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Filing 101
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Sage Hemmert on 12/7/2022. (Attachments: #1 Exhibit Subpoena)(Engel, Mitchell)
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Filing 100
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Chad Beard on 12/19/2022. (Engel, Mitchell)
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Filing 99
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Jose Salcido on 12/15/2022. (Engel, Mitchell)
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Filing 98
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Jeff Gilmore on 12/6/2022. (Engel, Mitchell)
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Filing 97
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Chester Pinkston on 12/5/2022. (Engel, Mitchell)
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Filing 96
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of David Inkelaar on 12/2/2022. (Engel, Mitchell)
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Filing 95
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Wendell Nicholson on 12/2/2022. (Engel, Mitchell)
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Filing 94
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Robert Thatcher on 12/1/2022. (Engel, Mitchell)
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Filing 93
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Kevin McKenna on 12/1/2022. (Engel, Mitchell)
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Filing 92
ORDER granting #91 Motion to Stay Discovery. The court finds that the better approach is to cancel remaining deadlines with the expectation that they will be reset if the case does not settle. Thus, the remaining deadlines set forth in the First Amended Scheduling Order (ECF #62 ) are vacated, and the court cancels the pretrial conference set for April 25, 2023. These proceedings are stayed until December 1, 2022. Signed by Magistrate Judge Angel D. Mitchell on 10/19/2022. (sz)
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Filing 91
JOINT MOTION to Stay Discovery and Extend Deadlines by Defendant Wichita, Kansas, City of. (Response deadline 10/28/2022) (Motion referred to Magistrate Judge Angel D. Mitchell.) (Branson, Charles)
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Filing 90
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny of taking deposition of Sage Hemmert on 10/18/2022. (Attachments: #1 Exhibit Subpoena)(Engel, Mitchell)
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Filing 89
NOTICE OF SERVICE by Progeny of Plaintiffs' 1st Interrogatories to Defendant. (Woody, Teresa)
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Filing 88
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Kevin McKenna on 10/18/2022. (Engel, Mitchell)
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Filing 87
AMENDED NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Wanda Parker-Givens on 10/12/2022. (Attachments: #1 Exhibit A)(Engel, Mitchell)
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Filing 86
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Seventh Supplemental Response to Plaintiffs' First Request for Production of Documents and Third Supplemental Response to Plaintiffs' Second Request for Production. (Cooper, David) Modified on 10/4/2022 to remove Chad Beard and Gordon Ramsay as filers. (mam)
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Filing 85
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Wanda Givens on 10/12/2022. (Attachments: #1 Exhibit A)(Engel, Mitchell)
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Filing 84
(DISREGARD, see #88 for the corrected filing) -- NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Kevin McKenna on 10/18/2022. (Engel, Mitchell) Modified on 10/6/2022 per the filing attorney. (mam)
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Filing 83
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Joseph Stearns on 11/03/2022. (Engel, Mitchell)
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Filing 82
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Jose Salcido on 11/02/2022. (Engel, Mitchell)
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Filing 81
NOTICE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny of taking deposition of Chad Beard on 11/15/2022. (Engel, Mitchell)
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Filing 80
ENTRY OF APPEARANCE by Bria Leigh Nelson on behalf of All Plaintiffs. (Nelson, Bria)
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Filing 79
ORDER denying as moot #78 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Discovery. As discussed in the Scheduling Order (ECF 38, at 7), Federal Rule of Civil Procedure 29 permits parties to stipulate to this type of extension without court involvement. Signed by Magistrate Judge Angel D. Mitchell on 9/21/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 78
UNOPPOSED MOTION for Extension of Time to Respond to Discovery by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Engel, Mitchell)
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Filing 77
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Second Supplemental Response to Plaintiffs' Second Request for Production of Documents. (Branson, Charles)
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Filing 76
ORDER granting #75 defendant's Motion for Extension of Time to Respond to Discovery. Plaintiffs have informed the court that they will not oppose the motion. Thus, the motion is granted as unopposed. By September 30, 2022, defendant shall complete its production of documents responsive to plaintiffs' second set of document requests. Signed by Magistrate Judge Angel D. Mitchell on 9/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 75
MOTION for Extension of Time to Respond to Discovery by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Branson, Charles)
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Filing 74
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's First Supplemental Response to Plaintiffs' Second Request for Production of Documents. (Branson, Charles)
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Filing 73
MEMORANDUM AND ORDER denying #72 Unopposed Motion for Extension of Time to File Potential Motions to Compel as to Discovery Responses. Signed by Magistrate Judge Angel D. Mitchell on 9/14/2022. (kas)
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Filing 72
UNOPPOSED MOTION for Extension of Time to File Potential Motions to Compel as to Discovery Responses by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Proposed Order)(Vogel, Paul) Modified on 9/15/2022 to restrict the attachment. Pursuant to D.Kan. Rule 5.4.4(e) proposed orders should be emailed directly to chambers and should not to be filed on CM/ECF. (mam)
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Filing 71
NOTICE OF SERVICE by Wichita, Kansas, City of of Discovery Requests. (Branson, Charles)
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Filing 70
NOTICE OF SERVICE by Chad Beard, Gordon Ramsay, Wichita, Kansas, City of of Defendants' Discovery Requests to Plaintiff Progeny. (Branson, Charles)
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Filing 69
NOTICE OF SERVICE by Wichita, Kansas, City of of Response to Plaintiffs' Second Request to Defendant for Production. (Cooper, David)
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Filing 68
NOTICE OF SERVICE by Wichita, Kansas, City of of 6th Supplemental Response to 1st Request for Production. (Cooper, David)
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Filing 67
ORDER following discovery conference. As agreed by the parties and as discussed in further detail on the record, the court set the following deadlines: By 8/19/2022, defendant shall complete its production of documents responsive to plaintiffs' first set of document requests. By 9/16/2022, defendant shall complete its production of documents responsive to plaintiffs' second set of document requests. Signed by Magistrate Judge Angel D. Mitchell on 8/16/2022. (mam)
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Filing 66
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 8/16/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 65
NOTICE OF SERVICE by Wichita, Kansas, City of of 5th Supplemental Response to 1st Request for Production. (Cooper, David)
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Filing 64
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Joshua M Pierson as to All Plaintiffs. (Pierson, Joshua)
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Filing 63
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.) Discovery Hearing set for 8/16/2022 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 62
(VACATED per #92 ) -- FIRST AMENDED SCHEDULING ORDER: Mediation deadline 10/15/2022. Discovery deadline 3/15/2023. Proposed Pretrial Order due by 4/14/2023. Final Pretrial Conference set for 4/25/2023 at 10:00 AM before Magistrate Judge Angel D. Mitchell (CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627). Dispositive motion deadline 5/30/2023. See attached for additional deadlines. Signed by Magistrate Judge Angel D. Mitchell on 7/20/2022. (mam) Modified on 10/19/2022. (sz)
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Filing 61
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: FINAL PRETRIAL CONFERENCE held on 7/20/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 60
NOTICE OF SERVICE by Progeny of Plaintiffs' 2nd Request to Defendant for Production. (Woody, Teresa)
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Filing 59
MEMORANDUM AND ORDER denying #52 Motion for Protective Order. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2022. (amh)
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Filing 58
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Fourth Supplemental Response to Plaintiffs' First Request to Defendant for Production of Documents and Electronically Stored Information. (Cooper, David)
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Filing 57
REPLY TO RESPONSE TO MOTION by Defendant Wichita, Kansas, City of re #52 Motion for Protective Order. (Cooper, David)
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Filing 56
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 6/3/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 55
ORDER FOLLOWING DISCOVERY CONFERENCE: On June 3, 2022, the court convened a discovery conference at the parties' request. The court and the parties discussed issues surrounding the production of the criminal history of one of plaintiff Progeny's youth leaders due to plaintiff's inability to provide a specific birthdate for the individual. The court provided the parties with feedback and potential avenues to resolve their disagreement without the need for formal motion practice, and directed them to further meet and confer to discuss those options. The court further directed the parties that, if they are still unable to reach agreement, they should contact the undersigned's chambers to request a follow-up discovery conference. Signed by Magistrate Judge Angel D. Mitchell on 6/3/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 54
RESPONSE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re #52 Motion for Protective Order. (Attachments: #1 Ex. 1)(Vogel, Paul)
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Filing 53
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.) Discovery Hearing set for 6/3/2022 at 02:30 PM via Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 52
MOTION for Protective Order by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Exhibit List, #2 Exhibit Plaintiffs RFP, #3 Exhibit Initial Response, #4 Exhibit 1st Supp. Response, #5 Exhibit 2nd Supp. Response, #6 Exhibit 3rd Supp. Response)(Cooper, David)
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Filing 51
ORDER re 50 Discovery Hearing. Status Conference set for 7/20/2022 at 01:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. See Order for all details. Signed by Magistrate Judge Angel D. Mitchell on 5/4/2022. (ca)
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Filing 50
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 5/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 49
NOTICE OF SERVICE by Wichita, Kansas, City of of 3rd Supplemental Response to Request for Production. (Cooper, David)
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Filing 48
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.) Discovery Hearing set for 5/4/2022 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 47
ORDER Regarding Confidential Settlement Reports. The court has reviewed that parties' confidential settlement reports, in which the parties state they have not yet conferred to select a mediator. The parties are ordered to meet and confer on this issue by May 1, 2022. If the parties cannot agree on a mediator, then by that same date, any party who wishes the court to consider a particular mediator shall submit a supplemental settlement report, following the procedure for mediator nomination outlined in the Scheduling Order (ECF 38, at 3). Signed by Magistrate Judge Angel D. Mitchell on 4/25/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 46
ENTRY OF APPEARANCE by Paul Vogel on behalf of All Plaintiffs. (Vogel, Paul)
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Filing 45
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Second Supplemental Response to Plaintiffs' First Request to Defendant for Production of Documents and Electronically Stored Information. (Cooper, David)
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Filing 44
ORDER granting #43 unopposed Motion for Extension. Defendant's deadline to respond to plaintiffs' settlement proposal is extended to April 13, 2022. The deadlines for the parties to submit a mediation notice or settlement reports is extended to April 20, 2022. Signed by Magistrate Judge Angel D. Mitchell on 4/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 43
UNOPPOSED MOTION for extension of time by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David)
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Filing 42
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's First Supplemental Response to Plaintiffs' First Request for Production of Documents. (Cooper, David)
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Filing 41
PROTECTIVE ORDER granting #39 the parties' Joint Motion for Protective Order. See text of order for details. Signed by Magistrate Judge Angel D. Mitchell on 3/17/22. (kks)
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Filing 40
NOTICE OF SERVICE and Amended Certificate of Service by Wichita, Kansas, City of of Response to Plaintiffs' 1st Request for Production of Documents. (Cooper, David)
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Filing 39
JOINT MOTION for Protective Order by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David)
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Filing 38
SCHEDULING ORDER: Discovery deadline 11/8/2022. Dispositive motion deadline 1/20/2023. Mediation deadline 5/31/2022. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 4/7/2022. Proposed Pretrial Order due by 12/7/2022. Final Pretrial Conference set for 12/14/2022 at 02:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Trial is to be determined. Signed by Magistrate Judge Angel D. Mitchell on 3/2/2022. (hw)
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Filing 37
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 3/2/2022. (Tape #FTR Network @ 11:06 AM.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 36
NOTICE of Rescheduled Hearing (CHANGE IN DATE/LOCATION): THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference is rescheduled for 3/2/2022 at 11:00 AM live in KC Courtroom 223 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 35
ORDER granting #34 Defendant's Unopposed Motion to Continue the Scheduling Conference. For good cause shown, the court grants the motion and resets the scheduling conference for February 23, 2022, at 11:00 a.m. by phone (conference line: 1-888-363-4749; access code: 3977627). Signed by Magistrate Judge Angel D. Mitchell on 1/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
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Filing 34
UNOPPOSED MOTION to Continue Scheduling Conference by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) Modified on 7/13/2023 (mam).
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Filing 33
NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's 1st Supplemental Rule 26 Disclosures. (Cooper, David)
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Filing 32
CERTIFICATE OF SERVICE of Plaintiffs' 1st Request to Defendant for Production of Documents and ESI by Progeny. (Woody, Teresa)
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Filing 31
ANSWER to Complaint by Wichita, Kansas, City of. (Branson, Charles)
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Filing 30
ENTRY OF APPEARANCE by Kayla DeLoach on behalf of All Plaintiffs. (DeLoach, Kayla)
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Filing 29
ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 2/8/2022 at 11:00 AM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 1/21/2022. Report of Parties Planning Meeting deadline 2/1/2022. Rule 26 Initial Disclosures Deadline set for 2/1/2022. Proposed Scheduling Order Deadline 2/1/2022. Signed by Magistrate Judge Angel D. Mitchell on 1/13/2022. (ht)
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Filing 28
MEMORANDUM AND ORDER. Defendants' Motion to Dismiss (Doc. #14 ) is GRANTED IN PART and DENIED IN PART. Counts II, IV, and V are dismissed. All Counts as to Defendants Chief Gordon Ramsay and Lieutenant Chad Beard are dismissed and these two defendants are terminated from the case. Signed by Chief District Judge Eric F. Melgren on 1/10/2022. (mam)
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Filing 27
REPLY TO RESPONSE TO MOTION by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of re #14 Motion to Dismiss for Failure to State and Claim and for Lack of Jurisdiction. (Cooper, David)
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Filing 26
MEMORANDUM IN OPPOSITION by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny re #14 Motion to Dismiss for Failure to State and Claim and for Lack of Jurisdiction. (Brett, Sharon)
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Filing 25
NOTICE OF SERVICE by Chad Beard, Gordon Ramsay, Wichita, Kansas, City of of Rule 26(a)(1)(A) Initial Disclosures. (Cooper, David)
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Filing 24
ORDER granting #15 Motion to Stay Discovery. See text of order for details. Signed by Magistrate Judge Angel D. Mitchell on 7/28/2021. (bh)
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Filing 23
CERTIFICATE OF SERVICE of Plaintiffs' Initial Rule 26 Disclosures by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Brett, Sharon)
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Filing 22
ORDER granting #21 Motion for Leave to File Excess Pages. Signed by District Judge Eric F. Melgren on 7/26/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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Filing 21
UNOPPOSED MOTION for Leave to File Excess Pages by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Brett, Sharon)
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Filing 20
REPLY TO RESPONSE TO MOTION by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of re #15 Motion to Stay Discovery. (Cooper, David)
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Filing 19
RESPONSE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny re #15 Motion to Stay Discovery. (Engel, Mitchell)
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice of Nicolas C. Shump for Plaintiff Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 7/20/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 17
MOTION for attorney Nicholas C. Shump to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5539904.) by Plaintiffs Progeny, Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Woody, Teresa) Modified on 1/10/2022 to add Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. as filers. (mam)
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Filing 16
ORDER Regarding #15 Defendants' Motion to Stay Discovery. The court expedites briefing on the motion. Plaintiffs' response brief is due by July 21, 2021, and is limited to six pages. Defendants' reply brief is due by July 23, 2021, and is limited to two pages. Signed by Magistrate Judge Angel D. Mitchell on 7/15/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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Filing 15
MOTION to Stay Discovery by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (referred to Magistrate Judge Angel D. Mitchell) (Cooper, David)
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Filing 14
MOTION to Dismiss for Failure to State and Claim and for Lack of Jurisdiction by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (Response deadline 7/30/2021) (Cooper, David)
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Filing 13
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/3/2021 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 7/13/2021. Report of Parties Planning Meeting deadline 7/27/2021. Rule 26 Initial Disclosures Deadline set for 7/27/2021. Proposed Scheduling Order Deadline 7/27/2021. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2021. (ht)
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Filing 12
ORDER granting #11 Defendants' Unopposed Motion for Extension of Time to Answer. For good cause shown, the court extends the deadline for defendants to answer or otherwise respond to plaintiffs' complaint from June 28, 2021, to July 9, 2021. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
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Filing 11
UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David)
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Filing 10
CLERKS ORDER EXTENDING TIME until 6/28/2021 for Defendants Wichita, Kansas, City of, Gordon Ramsay, Chad Beard to answer or otherwise plead. Signed by deputy clerk on 6/14/2021. (jk)
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Filing 9
ORDER granting #8 Motion to Appear Pro Hac Vice of Joshua M. Pierson for Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, and Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 8
MOTION for attorney Joshua Pierson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5486805.) by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 ECF Registration Form)(Brett, Sharon)
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice of Thomas J. Sullivan for Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, and Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/23/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 6
ENTRY OF APPEARANCE by Jordan Carmichael Baehr on behalf of All Plaintiffs. (Baehr, Jordan)
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Filing 5
MOTION for attorney Thomas J. Sullivan to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5469922.) by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, JR, Progeny (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit of Thomas J. Sullivan, #2 ECF Registration Form)(Engel, Mitchell)
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Filing 4
ENTRY OF APPEARANCE by Mitchell F. Engel on behalf of All Plaintiffs. (Engel, Mitchell)
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Filing 3
NOTICE of Constitutional Challenge to Kansas Statute by Progeny (Woody, Teresa)
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Filing 2
CIVIL COVER SHEET by Plaintiff Progeny. (Woody, Teresa)
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Filing 1
COMPLAINT with trial location of Wichita ( Filing fee $402, Internet Payment Receipt Number AKSDC-5463249.), filed by Progeny. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Woody, Teresa)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
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