Doe v. USD 259 Wichita et al
| Mary Doe and N. M. |
| USD 259 Wichita and Christin N. Covel |
| 6:2022cv01279 |
| December 28, 2022 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Angel D Mitchell |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 CLERKS ENTRY OF DEFAULT as to Christin N. Covel. Signed by deputy clerk on 2/21/2023. (mam) |
| Filing 28 APPLICATION FOR CLERKS ENTRY OF DEFAULT Against Defendant Covel by N. M. (Attachments: #1 Exhibit 1 - Declaration of Dan Curry)(Curry, Daniel) |
| Filing 27 FIRST AMENDED COMPLAINT against All Defendants, filed by N. M. (Curry, Daniel) |
Filing 26
MEMORANDUM AND ORDER: Plaintiff's Motion to Amend Complaint #24 is granted. The court directs plaintiff to file her first amended complaint within three business days as directed in the order. Plaintiff's #9 Motion to Proceed by Pseudonym is granted. Plaintiff's renewed #18 Motion to Appoint Next Friend is denied as moot. As stated in further detail in the Order, the Motion hearing set for February 17, 2023, at 10:00 a.m. is cancelled. Signed by Magistrate Judge Angel D. Mitchell on 2/16/2023. (ht)
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| Filing 25 MEMORANDUM IN SUPPORT of #24 MOTION for Leave to Amend Complaint re #1 Notice of Removal, by Plaintiff Mary Doe(Curry, Daniel) |
| Filing 24 MOTION for Leave to Amend Complaint re #1 Notice of Removal, by Plaintiff Mary Doe (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit 1- Proposed Amended Complaint, #2 Proposed Amended Complaint Red-Lined Version)(Curry, Daniel) |
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Filing 23
ORDER following motion hearing regarding plaintiff's Motion to Appoint Next Friend. The court directs plaintiff's counsel to notify the court by February 15 as to plaintiff's plan for moving forward with the case. Evidentiary Hearing set for 2/17/2023 at 10:00 AM in KC Courtroom 223 (ADM) before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 2/7/2023. (ca)
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| Filing 22 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: MOTION HEARING held on 2/7/2023 re #18 MOTION for Order to Appoint Next Friend filed by Mary Doe. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) |
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Filing 21
ORDER re #16 Order to Show Cause. The court has reviewed plaintiff's response (ECF #17 ) to the order to show cause. The response indicates that plaintiff has not applied for a clerk's entry of default because the court has not yet appointed a next friend for the minor plaintiff, and without such an appointment, any judgment might be subject to challenge on that basis. (ECF #17 ). The court finds that plaintiff has shown good cause why the undersigned should not recommend dismissal of this case under Fed. R. Civ. P. 41(b). Signed by Magistrate Judge Angel D. Mitchell on 2/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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| Filing 20 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #18 MOTION for Order to Appoint Next Friend : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 2/7/2023 at 02:30 PM via ZOOM Video Conference before Magistrate Judge Angel D. Mitchell. (ht) |
| Filing 19 MEMORANDUM IN SUPPORT of #18 MOTION for Order to Appoint Next Friend by Plaintiff Mary Doe (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Curry, Daniel) Modified to remove repeated words on 2/3/2023 (ca). |
| Filing 18 MOTION for Order to Appoint Next Friend by Plaintiff Mary Doe (referred to Magistrate Judge Angel D. Mitchell) (Curry, Daniel) |
| Filing 17 RESPONSE re #16 Order to Show Cause, by Plaintiff Mary Doe(Curry, Daniel) |
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Filing 16
NOTICE AND ORDER TO SHOW CAUSE: The court orders Jane Doe to show cause in writing by February 9, 2023, why the undersigned should not recommend that the district judge dismiss Jane Doe's claims against Covel for failure to prosecute pursuant to FED. R. CIV. P. 41(b). Show Cause Response due by 2/9/2023. Signed by Magistrate Judge Angel D. Mitchell on January 26, 2023. (mls)
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Filing 15
ORDER denying without prejudice plaintiff's Motion to Appoint Next Friend #8 . Signed by Magistrate Judge Angel D. Mitchell on January 26, 2023. Plaintiff must file a renewed motion by February 9, 2023. (mls)
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| Filing 14 ANSWER to Complaint by USD 259 Wichita.(Severson, Brooks) |
| Filing 13 DOCKET ANNOTATION: Attachment 1 to #1 Notice of Removal, was unable to be opened in its entirety. A corrected version has been added to that entry and is attached to this annotation for noticing purposes only. (heo) |
| Filing 12 CLERKS ORDER EXTENDING TIME until 1/18/2023 for Defendant USD 259 Wichita to answer or otherwise plead. Signed by deputy clerk on 12/29/2022. (jk) |
| Filing 11 SUMMONS RETURNED EXECUTED -- Defendant Christin N. Covel served 11/26/2022 by certified mail. (Originally filed in the Sedgwick County District Court on 12/1/2022.) (mam) |
| Filing 10 SUMMONS RETURNED EXECUTED -- Defendant USD 259 Wichita served on 11/28/2022 by certified mail. (Originally filed in the Sedgwick County District Court on 12/1/2022.) (mam) |
| Filing 9 MOTION TO PROCEED BY PSEUDONYM by Plaintiff Mary Doe. (referred to Magistrate Judge Angel D. Mitchell) (Originally filed in the Sedgwick County District Court on 10/24/2022.) (mam) |
| Filing 8 MOTION TO APPOINT NEXT FRIEND by Plaintiff Mary Doe. (referred to Magistrate Judge Angel D. Mitchell) (Originally filed in the Sedgwick County District Court on 10/24/2022.) (mam) |
| Filing 7 AMENDED DESIGNATION OF PLACE OF TRIAL filed by Defendant USD 259 Wichita - trial to be held in Wichita. (Severson, Brooks) |
| Filing 6 CONSENT TO REMOVAL by USD 259 Wichita as to Christin N. Covel. (Severson, Brooks) |
| Filing 5 CERTIFICATE OF COMPLIANCE WITH D. KAN. R. 81.2 by Defendant USD 259 Wichita. (Severson, Brooks) |
| Filing 4 CERTIFICATE OF COMPLIANCE by Defendant USD 259 Wichita of Filing Notice of Filing Notice of Removal. (Severson, Brooks) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant USD 259 Wichita - trial to be held in Wichita. (Severson, Brooks) |
| Filing 2 CIVIL COVER SHEET by Defendant USD 259 Wichita. (Severson, Brooks) |
| Filing 1 NOTICE OF REMOVAL from District Court of Sedgwick County, Kansas, 2022-CV-001978-TO, trial location of Wichita Filing fee $402, Internet Payment Receipt Number AKSDC-5947407.), filed by USD 259 Wichita. (Attachments: #1 Disregard Document - unable to be opened in entirety, #2 Exhibit B, #3 Exhibit C) (Severson, Brooks) (Additional attachment added on 1/5/2023: #4 Corrected Exhibit A) (heo). |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh) |
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