Davis et al v. United States Department of Justice et al
| Carla Davis and Jalen Davis |
| Wichita Clinic, P.A., Klenda Mitchell Austerman Zuercher L.L.C., United States Department of Justice, Merrick B. Garland, United States Department of Health and Human Services, Xavier Becerra, Dustin Slinkard, Eric Melgren, Kris W. Kobach, Kansas Homeland Security, David Weishaar, Kansas Department of Health and Environment, Janet Stanek, James Michael Moser, Kansas Insurance Department, Vicki Schmidt, Kansas Health Care Stabilization Fund, Clark Shultz, Sedgwick County, Kansas, Board of Commissioners, Marc Bennett, Wichita City Counsel, City of, Central Plains Health Care Partnership, Medical Society of Sedgwick County, Wesley Medical Center, LLC, Children's Mercy Hospital, The, Christi Clinic P.A., Kansas University School of Medicine, Garold O. Minns, Stewart E. Dismuke, Robert Kenagy, Clyde Wilson Wesbrook, Dee Spade, Virgil F. Burry, Hewitt Goodpasture, David Grainger, Travis Stembridge, Gerard Bassell, Anna F. Stork-Fury, Brenda Kallemeyn, Tom Yao, Gianfranco Pezzino, Foulston Siefkin L.L.P., Klenda Austerman L.L.C., Brandon Whipple and Wichita Center for Graduate Medical Education, Inc. |
| 6:2023cv01010 |
| January 23, 2023 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Kenneth G Gale |
| Julie A Robinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 175
ENTRY OF APPEARANCE by Matthew Lee Shoger on behalf of Marc Bennett (Shoger, Matthew)
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Filing 174
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Thereof by Defendant Sedgwick County, Kansas, Board of Commissioners (Stamper, Kevin)
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Filing 173
ENTRY OF APPEARANCE by Kevin T. Stamper on behalf of Sedgwick County, Kansas, Board of Commissioners (Stamper, Kevin)
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Filing 172
ENTRY OF APPEARANCE by Christopher S. Cole on behalf of Stewart E. Dismuke. (Cole, Christopher)
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Filing 171
CLERKS ORDER EXTENDING TIME until 4/6/2023 for Defendant Anna F. Stork-Fury to answer or otherwise plead. Signed by deputy clerk on 3/23/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 170
CLERKS ORDER EXTENDING TIME until 4/07/2023 for Defendant Wesley Medical Center, LLC to answer or otherwise plead. Signed by deputy clerk on 3/22/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 169
MEMORANDUM IN SUPPORT of #168 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brenda Kallemeyn (Attachments: #1 Exhibit 1)(Cole, Christopher)
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Filing 168
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brenda Kallemeyn (Cole, Christopher)
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Filing 167
CLERKS ORDER EXTENDING TIME until 4/6/2023 for Defendant Medical Society of Sedgwick County to answer or otherwise plead. Signed by deputy clerk on 3/21/2023. Mailed to pro se parties Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 166
CLERKS ORDER EXTENDING TIME until 4/6/2023 for Defendant Central Plains Health Care Partnership to answer or otherwise plead. Signed by deputy clerk on 3/21/2023. Mailed to pro se parties Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 165
ENTRY OF APPEARANCE by Andrew Foulston on behalf of Medical Society of Sedgwick County. (Foulston, Andrew)
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Filing 164
ENTRY OF APPEARANCE by Andrew Foulston on behalf of Central Plains Health Care Partnership. (Foulston, Andrew)
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Filing 163
ENTRY OF APPEARANCE by Katy Elizabeth Tompkins on behalf of Medical Society of Sedgwick County. (Tompkins, Katy)
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Filing 162
ENTRY OF APPEARANCE by Katy Elizabeth Tompkins on behalf of Central Plains Health Care Partnership. (Tompkins, Katy)
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Filing 161
CLERKS ORDER EXTENDING TIME until 4/14/2023 for Defendant Foulston Siefkin L.L.P. to answer or otherwise plead. Signed by deputy clerk on 3/20/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 160
MEMORANDUM AND ORDER granting in part #127 Plaintiffs' Motion to Not Serve All Defendants Filed Papers; granted as to papers responsive to the motions to dismiss. Granting #128 MOTION for Extension of Time to File Response. Granting in part and denying in part #154 Motion for Extension of Time to Respond as to all other pending motions to dismiss. Response deadline 5/15/2023, Reply deadline 6/12/2023 for all currently pending motions to dismiss #66 , #96 , #98 , #100 , #102 , #103 , #105 , #109 , #111 , #113 , #114 , #115 , #129 , #133 . Plaintiffs must file a new motion for extension of time if they seek additional time to respond to any motion filed after March 20, 2023. Signed by District Judge Julie A. Robinson on 3/20/2023. Mailed to pro se party Carla Davis, Jalen Davis by regular mail. (ca)
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Filing 159
ENTRY OF APPEARANCE by Jeffery A. Jordan on behalf of Foulston Siefkin L.L.P.. (Jordan, Jeffery)
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Filing 158
CLERKS ORDER EXTENDING TIME until 4/6/2023 for Defendant Klenda Mitchell Austerman Zuercher L.L.C. to answer or otherwise plead. Signed by deputy clerk on 3/16/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 157
CLERKS ORDER EXTENDING TIME until 4/6/2023 for Defendant Dee Spade to answer or otherwise plead. Signed by deputy clerk on 3/16/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 155
ENTRY OF APPEARANCE by Steven C. Day on behalf of Dee Spade. (Day, Steven)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #154 MOTION for Extension of Time to File Response as to #100 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #129 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , [1. The motion will be resolved by the District Judge. (df)
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Filing 156
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Stewart E. Dismuke served on 3/08/2023. (jk)
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Filing 154
MOTION for Extension of Time to File Response to present and future defendant's motions to dismiss and answers to complaint filed between February 21, 2023 through April 21, 2023 and as to #100 AMENDED MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #111 MOTION to Dismiss, #129 AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #103 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #96 MOTION to Dismiss, #102 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative to Dismiss Due to Expiration of the Statute of Limitations, #113 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #105 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM/MOTION to Dismiss for Lack of Jurisdiction, #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, Motion for Involuntary Dismissal With Prejudice for Failure to Prosecute, #133 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Their Individual Capacities, #109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM/MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs Carla Davis, Jalen Davis. (jal) Modified links on 3/17/2023. (kao)
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Filing 153
ALIAS SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Tom Yao served on 3/14/2023. (jk)
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Filing 152
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Wichita Center for Graduate Medical Education, Inc. served on 3/06/2023. (jk)
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Filing 151
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Anna F. Stork-Fury served on 3/02/2023. (jk)
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Filing 150
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Travis Stembridge served on 3/06/2023. (jk)
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Filing 149
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Dee Spade served on 3/2/2023, answer due 3/23/2023. (jk)
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Filing 148
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Sedgwick County, Kansas, Board of Commissioners served on 3/2/2023, answer due 3/23/2023. (jk)
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Filing 147
ALIAS SUMMONS RETURNED UNEXECUTED by Jalen Davis, Carla Davis as to James Michael Moser. (jk)
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Filing 146
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Garold O. Minns served on 3/13/2023. (jk)
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Filing 145
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Medical Society of Sedgwick County served on 3/2/2023, answer due 3/23/2023. (jk)
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Filing 144
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Klenda Mitchell Austerman Zuercher L.L.C. served on 3/2/2023, answer due 3/23/2023. (jk)
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Filing 143
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon David Grainger served on 3/06/2023. (jk)
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Filing 142
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Hewitt Goodpasture on 3/06/2023. (jk)
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Filing 141
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Foulston Siefkin L.L.P. served on 3/10/2023, answer due 3/31/2023. (jk)
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Filing 140
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Central Plains Health Care Partnership served on 3/2/2023, answer due 3/23/2023. (jk)
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Filing 139
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Marc Bennett served on 3/2/2023, answer due 3/23/2023 (also served by UPS Ground on 3/11/2023). (jk)
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Filing 138
ENTRY OF APPEARANCE by Justen P. Phelps on behalf of Wesley Medical Center, LLC (Phelps, Justen)
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Filing 137
ENTRY OF APPEARANCE by Rebecca Bergkamp on behalf of Anna F. Stork-Fury. (Bergkamp, Rebecca)
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Filing 136
ENTRY OF APPEARANCE by Mark R. Maloney on behalf of Anna F. Stork-Fury. (Maloney, Mark)
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Filing 135
ENTRY OF APPEARANCE by Brian L. White on behalf of Anna F. Stork-Fury. (White, Brian)
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Filing 134
MEMORANDUM IN SUPPORT of #133 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Their Individual Capacities by Defendants Eric Melgren, Dustin Slinkard(Allman, Christopher)
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Filing 133
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Their Individual Capacities ( Response deadline 4/3/2023) by Defendants Eric Melgren, Dustin Slinkard (Allman, Christopher)
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Filing 132
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Susan L. Mauch as to Robert Kenagy (Mauch, Susan)
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Filing 131
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Cameron S. Bernard as to Robert Kenagy (Bernard, Cameron)
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Filing 130
MEMORANDUM IN SUPPORT of #129 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kansas Homeland Security, David Weishaar(Barney, Carrie)
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Filing 129
AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kansas Homeland Security, David Weishaar. (Barney, Carrie)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #127 MOTION for Order. The motion will be resolved by the District Judge.(df)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #128 MOTION for Extension of Time to File Response as to #66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, Motion for Involuntary Dismissal With Prejudice for Failure to Prosecute. The motion will be resolved by the District Judge. (tl)
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Filing 128
MOTION for Extension of Time to File Response as to #66 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, Motion for Involuntary Dismissal With Prejudice for Failure to Prosecute by Plaintiffs Carla Davis, Jalen Davis. (sz)
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Filing 127
PLAINTIFFS' REQUEST NOT TO SERVE ALL DEFENDANTS FILED PAPERS by Plaintiffs Carla Davis, Jalen Davis. (sz)
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Filing 126
NOTICE OF SERVICE by Robert Kenagy, Wichita Clinic, P.A. of file-stamped copy of their Motion to Dismiss and Memorandum in Support of Motion to Dismiss to Plaintiffs Pro se (Baxter, Mackenzie)
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Filing 125
RETURN OF SERVICE filed by Plaintiffs Carla Davis, Jalen Davis upon Virgil F. Burry served on 3/03/2023. (jk)
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Filing 124
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Wichita Clinic, P.A. served on 3/3/2023, answer due 3/24/2023. (jk)
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Filing 123
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Wesley Medical Center, LLC served on 3/3/2023, answer due 3/24/2023. (jk)
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Filing 122
RETURN OF SERVICE filed by Plaintiffs Carla Davis, Jalen Davis upon Gianfranco Pezzino served on 3/03/2023. (jk)
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Filing 121
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Clyde Wilson Wesbrook served on 3/3/2023, answer due 3/24/2023. (jk)
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Filing 118
ENTRY OF APPEARANCE by Mackenzie Maki Baxter on behalf of Robert Kenagy, Wichita Clinic, P.A.. (Baxter, Mackenzie)
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Filing 117
MEMORANDUM IN SUPPORT of #113 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kansas University School of Medicine, Garold O. Minns(Barney, Carrie)
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Filing 120
CLERKS ORDER EXTENDING TIME until 4/10/2023 for Defendant Wichita Center for Graduate Medical Education, Inc. to answer or otherwise plead. Signed by deputy clerk on 3/07/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 119
CLERKS ORDER EXTENDING TIME until 3/23/2023 for Defendant Brenda Kallemeyn to answer or otherwise plead. Signed by deputy clerk on 3/07/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 116
MEMORANDUM IN SUPPORT of #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Hewitt Goodpasture(Foulston, Andrew)
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Filing 115
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Hewitt Goodpasture (Foulston, Andrew)
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Filing 114
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendants Kansas Homeland Security, David Weishaar (Barney, Carrie)
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Filing 113
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 3/28/2023) by Defendants Kansas University School of Medicine, Garold O. Minns (Barney, Carrie)
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Filing 112
MEMORANDUM IN SUPPORT of #111 MOTION to Dismiss by Defendant Kris W. Kobach(Shoger, Matthew)
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Filing 111
MOTION to Dismiss by Defendant Kris W. Kobach (Shoger, Matthew)
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Filing 110
MEMORANDUM IN SUPPORT of #109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Robert Kenagy, Wichita Clinic, P.A.(Baxter, Mackenzie)
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Filing 109
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response deadline 3/28/2023) by Defendants Robert Kenagy, Wichita Clinic, P.A. (Baxter, Mackenzie)
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Filing 108
ENTRY OF APPEARANCE by Christopher S. Cole on behalf of Wichita Center for Graduate Medical Education, Inc.. (Cole, Christopher)
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Filing 107
ENTRY OF APPEARANCE by Christopher S. Cole on behalf of Brenda Kallemeyn. (Cole, Christopher)
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Filing 106
MEMORANDUM IN SUPPORT of #105 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Kansas Department of Health and Environment, Gianfranco Pezzino, Janet Stanek(Radloff, Katelyn)
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Filing 105
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response deadline 3/28/2023) by Defendants Kansas Department of Health and Environment, Gianfranco Pezzino, Janet Stanek (Radloff, Katelyn)
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Filing 104
ORDER finding as moot #93 Motion to Dismiss for Failure to State a Claim; Motion to Dismiss for Lack of Jurisdiction. The original motion to dismiss is moot in light of the Federal Defendants' Amended Motion to Dismiss #100 filed on March 6, 2023. Signed by District Judge Julie A. Robinson on 3/7/2023. Mailed to pro se party Carla Davis & Jalen Davis, 901 N. Belmont, Wichita, KS 67208 by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams)
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Filing 103
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 3/28/2023) by Defendants Kansas Insurance Department, Vicki Schmidt (McFarland, Justin)
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Filing 102
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative to Dismiss Due to Expiration of the Statute of Limitations by Defendants Kansas Health Care Stabilization Fund, Clark Shultz (Attachments: #1 Exhibit 1)(Cole, Christopher)
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Filing 101
MEMORANDUM IN SUPPORT of #100 Amended MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Xavier Becerra, Merrick B. Garland, Eric Melgren, Dustin Slinkard, United States Department of Health and Human Services, United States Department of Justice(Allman, Christopher)
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Filing 100
AMENDED MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 3/27/2023) by Defendants Xavier Becerra, Merrick B. Garland, Eric Melgren, Dustin Slinkard, United States Department of Health and Human Services, United States Department of Justice (Allman, Christopher)
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Filing 99
MEMORANDUM IN SUPPORT of #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brandon Whipple(Houghton, Erik)
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Filing 98
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brandon Whipple (Houghton, Erik)
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Filing 97
MEMORANDUM IN SUPPORT of #96 MOTION to Dismiss by Defendant Wichita City Counsel, City of(Houghton, Erik)
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Filing 96
MOTION to Dismiss by Defendant Wichita City Counsel, City of (Houghton, Erik)
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Filing 95
ENTRY OF APPEARANCE by Christopher A. McElgunn on behalf of Klenda Mitchell Austerman Zuercher L.L.C. (McElgunn, Christopher)
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Filing 94
MEMORANDUM IN SUPPORT of #93 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Xavier Becerra, Merrick B. Garland, Eric Melgren, Dustin Slinkard, United States Department of Health and Human Services, United States Department of Justice(Allman, Christopher)
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Filing 93
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response deadline 3/24/2023) by Defendants Xavier Becerra, Merrick B. Garland, Eric Melgren, Dustin Slinkard, United States Department of Health and Human Services, United States Department of Justice (Allman, Christopher)
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Filing 92
MOTION for Order to Designate Wichita as Place of Trial, by Plaintiffs Carla Davis, Jalen Davis. (ca)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #92 MOTION for Order. The motion will be resolved by the District Judge. (tl)
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Filing 91
ENTRY OF APPEARANCE by Katelyn C. Radloff on behalf of Gianfranco Pezzino. (Radloff, Katelyn)
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Filing 90
ENTRY OF APPEARANCE by Andrew Foulston on behalf of Hewitt Goodpasture. (Foulston, Andrew)
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Filing 89
ENTRY OF APPEARANCE by Katy Elizabeth Tompkins on behalf of Hewitt Goodpasture. (Tompkins, Katy)
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Filing 88
CLERKS ORDER EXTENDING TIME until 3/07/2023 for Defendant Kris W. Kobach to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 87
CLERKS ORDER EXTENDING TIME until 3/07/2023 for Defendants Garold O. Minns, Kansas Homeland Security, Kansas University School of Medicine, David Weishaar to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 86
Summons Returned Executed -- United States Attorney served by UPS Ground on 2/14/2023 for Eric Melgren, answer due 4/17/2023. (jk)
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Filing 85
Summons Returned Executed -- United States Attorney served by UPS Ground on 2/14/2023 for Xavier Becerra. (jk)
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Filing 84
Summons Returned Executed -- United States Attorney served by UPS Ground on 2/14/2023 for United States Department of Health and Human Services, answer due 4/17/2023. (jk)
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Filing 83
Summons Returned Executed -- United States Attorney served by UPS Ground on 2/14/2023 for United States Department of Justice, answer due 4/17/2023. (jk)
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Filing 82
ENTRY OF APPEARANCE by Matthew Lee Shoger on behalf of Kris W. Kobach. (Shoger, Matthew)
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Filing 81
ENTRY OF APPEARANCE by Carrie A. Barney on behalf of Kansas Homeland Security, Kansas University School of Medicine, Garold O. Minns, David Weishaar. (Barney, Carrie)
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Filing 80
Summons Returned Executed -- Dustin Slinkard United States Attorney served by UPS Ground on 2/14/2023, answer due 4/17/2023. (jk)
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Filing 79
Summons Returned Executed -- Merrick B. Garland served by UPS Ground on 2/14/2023 to United States Attorney. (jk)
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Filing 78
Summons Returned Executed -- Eric Melgren served by UPS Ground on 2/13/2023. (jk)
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Filing 77
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Brenda Kallemeyn served on 2/16/2023. (jk)
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Filing 76
SUMMONS RETURNED UNEXECUTED by Jalen Davis, Carla Davis as to Tom Yao. (jk)
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Filing 75
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Gianfranco Pezzino served on 2/15/2023. (jk)
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Filing 74
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon James Michael Moser served on 2/15/2023. (jk)
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Filing 73
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Janet Stanek served on 2/15/2023. (jk)
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Filing 72
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon David Weishaar served on 2/15/2023. (jk)
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Filing 71
CLERKS ORDER EXTENDING TIME until 3/07/2023 for Defendants Vicki Schmidt, Kansas Insurance Department to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 70
ORDER denying #5 Motion to Recuse; denying #6 Motion to Recuse. Signed by District Judge Julie A. Robinson on 2/21/2023. Mailed to pro se party Carla Davis, Jalen Davis by regular mail. (ca)
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Filing 69
ENTRY OF APPEARANCE by Barbara K. Christopher on behalf of Virgil F. Burry, Children's Mercy Hospital, The. (Christopher, Barbara)
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Filing 68
DESIGNATION OF PLACE OF TRIAL filed by Defendants Virgil F. Burry, Children's Mercy Hospital, The - trial to be held in Kansas City. (Christopher, Barbara)
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Filing 67
CORPORATE DISCLOSURE STATEMENT by Children's Mercy Hospital, The identifying None as corporate parent. (Christopher, Barbara)
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Filing 66
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR INVOLUNTARY DISMISSAL WITH PREJUDICE FOR FAILURE TO PROSECUTE by Defendants Virgil F. Burry, Children's Mercy Hospital, The. (Christopher, Barbara)
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Filing 65
CLERKS ORDER EXTENDING TIME until 3/7/2023 for Defendant Hewitt Goodpasture to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 64
ENTRY OF APPEARANCE by Justin Louis McFarland on behalf of Kansas Insurance Department, Vicki Schmidt. (McFarland, Justin)
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Filing 63
CLERKS ORDER EXTENDING TIME until 3/7/2023 for Defendant Janet Stanek to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 62
CLERKS ORDER EXTENDING TIME until 3/7/2023 for Defendant Kansas Department of Health and Environment to answer or otherwise plead. Signed by deputy clerk on 2/21/2023. Mailed to pro se party Carla Davis and Jalen Davis by regular mail. (jsh)
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Filing 61
ENTRY OF APPEARANCE by Katelyn C. Radloff on behalf of Janet Stanek. (Radloff, Katelyn)
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Filing 60
ENTRY OF APPEARANCE by Katelyn C. Radloff on behalf of Kansas Department of Health and Environment. (Radloff, Katelyn)
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Filing 59
CLERKS ORDER EXTENDING TIME until 3/06/2023 for Defendant Brandon Whipple to answer or otherwise plead. Signed by deputy clerk on 2/16/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 58
CLERKS ORDER EXTENDING TIME until 3/06/2023 for Defendant Wichita City Counsel, City of to answer or otherwise plead. Signed by deputy clerk on 2/16/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 57
ENTRY OF APPEARANCE by Erik Houghton on behalf of Brandon Whipple (Houghton, Erik)
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Filing 56
ENTRY OF APPEARANCE by Erik Houghton on behalf of Wichita City Counsel, City of. (Houghton, Erik)
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Filing 55
CLERKS ORDER EXTENDING TIME until 3/07/2023 for Defendant Robert Kenagy to answer or otherwise plead. Signed by deputy clerk on 2/14/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont Wichita, KS 67208 by regular mail. (jk)
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Filing 54
ENTRY OF APPEARANCE by Cameron Scott Bernard on behalf of Robert Kenagy (Bernard, Cameron)
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Filing 53
ENTRY OF APPEARANCE by Susan L. Mauch on behalf of Robert Kenagy (Mauch, Susan)
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Filing 52
Summons Returned Executed -- served by UPS Ground on 2/9/2023 on United States Attorney General for Dustin Slinkard. (jk)
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Filing 51
Summons Returned Executed -- served by UPS Ground on 2/9/2023 on United States Attorney General for Xavier Becerra. (jk)
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Filing 50
Summons Returned Executed -- served by UPS Ground on 2/9/2023 on United States Attorney General for United States Department of Justice. (jk)
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Filing 49
Summons Returned Executed -- served by UPS Ground on 2/9/2023 on United States Attorney General for Eric Melgren. (jk)
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Filing 48
Summons Returned Executed -- served by UPS Ground on 2/9/2023 on United States Attorney General for United States Department of Health and Human Services. (jk)
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Filing 47
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Xavier Becerra served on 2/9/2023, answer due 3/2/2023. (jk)
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Filing 46
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Merrick B. Garland served on 2/9/2023, answer due 3/2/2023. (jk)
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Filing 45
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Children's Mercy Hospital, The served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 44
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Virgil F. Burry served on 1/31/2023. (jk)
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Filing 43
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Robert Kenagy served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 42
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Gerard Bassell served 2/10/2023. (jk)
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Filing 41
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Gianfranco Pezzino (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 40
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Tom Yao (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 39
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Brenda Kallemeyn (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 38
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Anna F. Stork-Fury (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 37
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Gerard Bassell (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 36
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Travis Stembridge (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 35
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon David Grainger (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 34
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Hewitt Goodpasture (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 33
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Virgil F. Burry (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 32
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Stewart E. Dismuke (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 31
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Garold O. Minns (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 30
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas University School of Medicine (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 29
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Clark Shultz (through Kris Kobach Kansas Attorney General) served 1/31/2023. (jk)
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Filing 28
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Health Care Stabilization Fund (through Kris Kobach Kansas Attorney General) served 1/31/2023. (jk)
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Filing 27
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Vicki Schmidt (through Kris Kobach Kansas Attorney General) served 1/31/2023. (jk)
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Filing 26
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Insurance Department (through Kris Kobach Kansas Attorney General) served on 1/31/2023. (jk)
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Filing 25
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon James Michael Moser (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 24
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Janet Stanek (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 23
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Department of Health and Environment (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023 (jk)
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Filing 22
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon David Weishaar (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 21
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Homeland Security (through Kris Kobach Kansas Attorney General) served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 20
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kris W. Kobach served on 1/31/2023, answer due 2/21/2023. (jk)
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Filing 19
CLERKS ORDER EXTENDING TIME until 3/06/2023 for Defendant Clark Shultz to answer or otherwise plead. Signed by deputy clerk on 2/10/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 18
CLERKS ORDER EXTENDING TIME until 3/06/2023 for Defendant Kansas Health Care Stabilization Fund to answer or otherwise plead. Signed by deputy clerk on 2/10/2023. Mailed to pro se Plaintiffs Carla Davis and Jalen Davis at 901 N. Belmont, Wichita, KS 67208 by regular mail. (jk)
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Filing 17
ENTRY OF APPEARANCE by Christopher S. Cole on behalf of Kansas Health Care Stabilization Fund. (Cole, Christopher)
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Filing 16
ENTRY OF APPEARANCE by Christopher S. Cole on behalf of Clark Shultz. (Cole, Christopher)
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Filing 15
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Brandon Whipple served on 1/30/2023, answer due 2/21/2023. (jk)
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Filing 14
SUMMONS RETURNED EXECUTED -- Personal Service by Jalen Davis, Carla Davis upon Wichita City Counsel, City of served on 1/30/2023, answer due 2/21/2023. (jk)
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Filing 13
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Clark Shultz served on 1/30/2023, answer due 2/21/2023. (jk)
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Filing 12
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Health Care Stabilization Fund served on 1/30/2023, answer due 2/21/2023. (jk)
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Filing 11
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Vicki Schmidt served on 1/30/2023, answer due 2/21/2023. (jk)
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Filing 10
SUMMONS RETURNED EXECUTED -- UPS Ground by Jalen Davis, Carla Davis upon Kansas Insurance Department served on 1/30/2023, answer due 2/21/2023. (jk)
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ALIAS SUMMONS ISSUED as to James Michael Moser, Gianfranco Pezzino. Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to the pro se plaintiff for service with the complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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ALIAS SUMMONS ISSUED as to Gerard Bassell, Stewart E. Dismuke, Hewitt Goodpasture, David Grainger, Brenda Kallemeyn, Kansas University School of Medicine, Garold O. Minns, Travis Stembridge, Anna F. Stork-Fury, Tom Yao. Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to the pro se plaintiff for service with the complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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Filing 9
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Kenneth G. Gale for all further proceedings. Magistrate Judge Gwynne E. Birzer no longer assigned to case. Signed by Magistrate Judge Gwynne E. Birzer on 1/30/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ala)
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NOTICE Re Pro Se Mailing. Docket Entry 9 , Order Reassigning Case, mailed to Jalen Davis and Carla Davis at 901 N. Belmont Wichita, KS 67208 on 1/30/2023 by regular mail. (ala)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #6 MOTION for Order, #5 MOTION for Order. The motion will be resolved by the District Judge. (df)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: MOTIONS for Order (ECF Nos. 5 and 6). These motions will be resolved by the District Judge.(spa)
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Summons Issued as to United States Department of Health and Human Services, United States Department of Justice, U.S. Attorney and U.S. Attorney General (issued to Pro Se Plaintiff for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Plaintiff for service with complaint. (sz)
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SUMMONS ISSUED as to Gerard Bassell, Xavier Becerra, Marc Bennett, Virgil F. Burry, Central Plains Health Care Partnership, Children's Mercy Hospital, The, Stewart E. Dismuke, Foulston Siefkin L.L.P., Merrick B. Garland, Hewitt Goodpasture, David Grainger, Brenda Kallemeyn, Kansas Department of Health and Environment, Kansas Health Care Stabilization Fund, Kansas Homeland Security, Kansas Insurance Department, Kansas University School of Medicine, Robert Kenagy, Klenda Mitchell Austerman Zuercher L.L.C., Kris W. Kobach, Medical Society of Sedgwick County, Eric Melgren, Garold O. Minns, James Michael Moser, Gianfranco Pezzino, Vicki Schmidt, Sedgwick County, Kansas, Board of Commissioners, Clark Shultz, Dustin Slinkard, Dee Spade, Janet Stanek, Travis Stembridge, Anna F. Stork-Fury, David Weishaar, Clyde Wilson Wesbrook, Wesley Medical Center, LLC, Brandon Whipple, Wichita Center for Graduate Medical Education, Inc., Wichita City Counsel, City of, Wichita Clinic, P.A., Tom Yao. (issued to Returned to Pro Se Plaintiff for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Plaintiff for service with complaint.. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (sz)
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Filing 8
EXHIBIT(S) IN SUPPORT of #1 Complaint by Plaintiff Carla Davis. (sz)
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Filing 7
SUPPLEMENT to #1 Complaint by Plaintiffs Carla Davis, Jalen Davis. (sz)
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Filing 6
MOTION REGARDING JUDGE ASSIGNMENT by Plaintiff Jalen Davis. (sz)
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Filing 5
MOTION REGARDING JUDGE ASSIGNMENT by Plaintiff Carla Davis. (sz)
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Filing 4
NOTICE OF TELEPHONE NUMBER CORRECTION by Jalen Davis. (sz)
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Filing 3
NOTICE OF TELEPHONE NUMBER CORRECTION by Carla Davis. (sz)
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiffs Carla Davis, Jalen Davis. (jk)
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Filing 1
COMPLAINT with trial location of Wichita, filed by Jalen Davis, Carla Davis. (Attachments: #1 Exhibits) (jk)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Gwynne E. Birzer 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 (jk)
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FILING FEE PAID: in the amount of $402, receipt number 600001240. (jk)
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