Schackman et al v. Babin et al
Plaintiff: Elliott James Schackman and Claudia Astudillo Aguirre
Defendant: Andrew Babin, Stephanie Camarena, C. T. Vigil and Garden City Police Department
Case Number: 6:2023cv01214
Filed: October 5, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Brooks G Severson
Referring Judge: Holly L Teeter
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2023 Opinion or Order Filing 17 ALIAS SUMMONS RETURNED EXECUTED -- Certified Mail USM-285 by Elliott James Schackman, Claudia Astudillo Aguirre upon Andrew Babin served on 11/27/2023, answer due 12/18/2023. (ca)
November 22, 2023 Opinion or Order Filing 16 ORDER. Before the Court is Defendants' Motion to Dismiss (Doc. 15). Plaintiffs' responses are due on or before December 13, 2023. If Plaintiffs fail to timely respond, the Court will likely take up the motion without the benefit of their responses. The Court encourages Plaintiffs to review the Federal Rules of Civil Procedure and the District of Kansas Local Rules before preparing their responses. They are expected to comply with these rules. Signed by District Judge Holly L. Teeter on 11/22/2023. Mailed to pro se party Elliott Schackman and Claudia Aguirre by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
November 22, 2023 Opinion or Order Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Stephanie Camarena, Garden City Police Department, C. T. Vigil (Attachments: #1 Exhibit - Redacted 1 - Affidavit of Arrest Warrent - Schackman, #2 Exhibit - Redacted 2 - Reporting Officer Narrative, #3 Exhibit - Redacted 3 - Affidavit of Arrest Warrant - Astudillo, #4 Exhibit Sentencing Order - Schackman, #5 Exhibit 5 - Order of Dismissal - Astudillo)(Stewart, Michelle)
November 17, 2023 Opinion or Order Filing 14 NOTICE of Alternate Service Address for Defendant Andrew Babin by Elliott James Schackman. (jal)
November 17, 2023 Opinion or Order ALIAS SUMMONS ISSUED as to Andrew Babin. Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to U.S. Marshal Service for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac)
November 8, 2023 Opinion or Order NOTICE Re: Pro Se Mailing. #8 Return of Service of Summons Unexecuted, #9 Return of Service of Summons Executed; #10 Return of Service of Summons Executed; #11 Return of Service of Summons Executed. Mailed to Elliott James Schackman 1510 S. Washington Scott City, KS 67871 and Claudia Astudillo Aguirre 1510 S. Washington Scott City, KS 67871 on 11/8/2023 by regular mail. (sz)
November 7, 2023 Opinion or Order Filing 13 CLERKS ORDER EXTENDING TIME until 11/22/2023 for Defendants Stephanie Camarena, Garden City Police Department, C. T. Vigil to answer or otherwise plead. Signed by deputy clerk on 11/7/2023. Mailed to pro se parties Elliott James Schackman and Claudia Astudillo Aguirre by regular mail. (jsh)
November 7, 2023 Opinion or Order Filing 12 ENTRY OF APPEARANCE by Michelle R. Stewart on behalf of Stephanie Camarena, Garden City Police Department, C. T. Vigil (Stewart, Michelle)
October 27, 2023 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED by personal service upon Garden City Police Department served on 10/18/2023, answer due 11/8/2023. (msb)
October 27, 2023 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED by personal service upon C. T. Vigil served on 10/18/2023, answer due 11/8/2023. (msb)
October 27, 2023 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED by personal service upon Stephanie Camarena served on 10/18/2023, answer due 11/8/2023. (msb)
October 27, 2023 Opinion or Order Filing 8 SUMMONS RETURNED UNEXECUTED as to Andrew Babin. (msb)
October 11, 2023 Opinion or Order Filing 7 MEMORANDUM AND ORDER denying #5 Motion to Appoint Counsel. Signed by Magistrate Judge Brooks G. Severson on 10/11/23. Mailed to pro se party Elliott James Schackman & Claudia Astudillo Aguirre by regular mail (msb)
October 11, 2023 Opinion or Order Filing 6 ORDER granting #3 & #4 Motions for Leave to Proceed in forma pauperis. The Clerk shall issue summons to the US Marshal or Deputy Marshal, who are appointed pursuant to Fed.R.Civ.P. 4(c)(3). Signed by Magistrate Judge Brooks G. Severson on 10/11/23. Mailed to pro se party Elliott James Schackman & Claudia Astudillo Aguirre by regular mail (msb)
October 11, 2023 Opinion or Order SUMMONS ISSUED as to Andrew Babin, Stephanie Camarena, Garden City Police Department, C. T. Vigil (issued to US Marshal for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Marshal for service with complaint. Copy mailed to pro se Plaintiffs Elliott James Schackman and Claudia Astudillo Aguirre at 1510 S. Washington, Scott City, KS 67871 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)
October 5, 2023 Opinion or Order Filing 5 MOTION to Appoint Counsel by Plaintiffs Claudia Astudillo Aguirre, Elliott James Schackman (referred to Magistrate Judge Brooks G. Severson) (msb)
October 5, 2023 Opinion or Order Filing 4 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Claudia Astudillo Aguirre (referred to Magistrate Judge Brooks G. Severson) (Attachment: #1 Financial Affidavit)(msb)
October 5, 2023 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Elliott James Schackman (referred to Magistrate Judge Brooks G. Severson) (Attachment: #1 Financial Affidavit)(msb)
October 5, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET: Re #1 Complaint by Plaintiffs Claudia Astudillo Aguirre, Elliott James Schackman. (msb)
October 5, 2023 Opinion or Order Filing 1 COMPLAINT (No Summons Issued) with trial location of Wichita filed by Elliott James Schackman, Claudia Astudillo Aguirre.(msb)
October 5, 2023 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Brooks G. Severson 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 (msb)

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Plaintiff: Elliott James Schackman
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Plaintiff: Claudia Astudillo Aguirre
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Defendant: Andrew Babin
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Defendant: Stephanie Camarena
Represented By: Lindsey Freihoff
Represented By: Michelle R. Stewart
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Defendant: C. T. Vigil
Represented By: Lindsey Freihoff
Represented By: Michelle R. Stewart
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Defendant: Garden City Police Department
Represented By: Lindsey Freihoff
Represented By: Michelle R. Stewart
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