Foote v. Degenhardt
Plaintiff: Zachary Nathaniel Foote
Defendant: Deputy Daniel Degenhardt
Case Number: 2:2018cv00141
Filed: August 10, 2018
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: XX US, Outside State
Presiding Judge: William O Bertelsman
Referring Judge: P SO
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2018 Filing 25 NOTICE OF FILING by Daniel Degenhardt(In his individual capacity) Certificate of Service of pleadings to pro se inmate Plaintiff Zachary Foote (Attachments: #1 Affidavit confirming Plaintiff Foote's access to CD-R containing video of the incident which forms the basis of his excessive force claim)(Nordloh, Christopher)
October 2, 2018 Filing 24 AFFIDAVIT re #21 Order Confirmation by counsel that Plaintiff has access to CD-R containing video of the incident which forms the basis of his excessive force claim by Daniel Degenhardt(In his individual capacity). (Nordloh, Christopher) Modified text on 10/3/2018 (ECO).
September 26, 2018 Filing 23 MOTION to Appoint Counsel by Zachary Nathaniel Foote. pro se. Motions referred to P SO. (Attachments: #1 Declaration of Zachary Foote, #2 Attachment to Declaration, #3 Envelope post marked 9/25/2018)(ECO)
September 21, 2018 Filing 22 Letter from Zachary Foote, Pro Se (Attachments: #1 Envelope Post Marked 9-20-2018) (LST)
September 18, 2018 Opinion or Order Filing 21 ORDER: 1) Foote's "Motion to Object to Defense Motion to Dismiss" #20 is DENIED insofar as it requests a further extension of time to file a response to Defendant's Motion for Summary Judgment #18 , and DENIED WITHOUT PREJUDICE to the extent it seeks relief pursuant to Federal Rule of Civil Procedure 56(d). Signed by Judge William O. Bertelsman on 9/18/2018.(ECO)cc: COR w/copy to Zachary Nathaniel Foote, pro se, at address listed on the docket sheet via U.S. Mail.
September 14, 2018 Filing 20 MOTION to Object to defence motion to dismiss by Zachary Nathaniel Foote, pro se. Motions referred to P SO. (Attachments: #1 envelope postmarked 9-13-18)(TJZ)
September 7, 2018 Opinion or Order Filing 19 ORDER: 1) Foote shall file a response to the defendant's motion for summary judgment #18 on or before October 19, 2018. 2) The defendant shall file any reply on or before November 9, 2018. At that time the briefing upon the motion shall be CLOSED and the matter will stand submitted for decision. Signed by Judge William O. Bertelsman on 9/7/2018.(ECO)cc: COR w/copy of Order to Zachary Nathaniel Foote, pro se at address listed on the docket sheet via U.S. Mail.
September 6, 2018 Filing 18 MOTION for Summary Judgment by Daniel Degenhardt(In his individual capacity) . (Attachments: #1 Memorandum in Support of SUMMARY JUDGMENT AND DISMISSAL WITH PREJUDICE, #2 Exhibit Notice of conventional filing of CD-R with Clerk, #3 Exhibit Use of Force Incident Report, #4 Exhibit Declaration of DEGENHARDT, #5 Exhibit Grievance Form alleging excessive force against DEGENHARDT, #6 Exhibit KCDC Grievance policy, #7 Exhibit Composite exhibit of communications subsequent to and separate from grievance v. DEGENHARDT, #8 Proposed Order GRANTING Summary Judgment in favor of DEGENHARDT)(Nordloh, Christopher) Modified text to take out referral language on 9/7/2018 (ECO).
September 5, 2018 Filing 17 NOTICE OF MANDATORY ECF DIRECTED TO Christopher Nordloh, an ECF Filing User re #15 Notice of Filing was RECEIVED AS A PAPER PLEADING AND FILED BY THE CLERK, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (ECO)
September 5, 2018 Filing 16 CONVENTIONAL FILING received on behalf of Defendant Daniel Degenhardt. CD-R disc containing video surveillance are filed re #15 Notice of Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO)
September 5, 2018 Filing 15 NOTICE OF CONVENTIONAL FILING OF CD-R DISC by Daniel Degenhardt(In his individual capacity) (ECO)
August 28, 2018 Filing 14 NOTICE OF APPEARANCE by Daniel Degenhardt(In his individual capacity). (Nordloh, Christopher)
August 28, 2018 Filing 13 WAIVER OF SERVICE Returned Executed by Daniel Degenhardt(In his individual capacity). Daniel Degenhardt(In his individual capacity) waiver sent on 8/14/2018, answer due 10/15/2018. (Nordloh, Christopher)
August 22, 2018 Filing 12 USM 285-Process Receipt and Return of Service. SUMMONS Returned Executed by Zachary Nathaniel Foote via USM to Daniel Degenhardt(In his individual capacity) served on 8/22/2018, answer due 9/12/2018. (ECO) Modified text on 8/22/2018 (ECO).
August 14, 2018 Filing 10 Summons Issued as to Daniel Degenhardt(In his individual capacity),. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (ECO) (Additional attachment(s) added on 8/15/2018: #1 Time Stamped USMS Summons) (ECO).
August 14, 2018 Opinion or Order Filing 9 ORDER: 1) Foote's claim against Degenhardt in his official capacity is DISMISSED. 2) Foote's motion to proceed in forma pauperis #2 is GRANTED. 3) Because Foote has a negative balance in his inmate account, collection of the initial partial filing fee is DEFERRED. 4) The Clerk of the Court shall open an account in Foote's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) and shall serve a copy of the Notice and this Order upon the Jailer/Warden of the institution in which Foote is currently confined. 5. Each month Foote's custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 6) A Deputy Clerk shall prepare a "Service Packet" for defendant Daniel Degenhardt which shall include: a) a completed summons form; b) the complaint #1 ; c) this Order; and d) a completed USM Form 285. 7) The Deputy Clerk shall deliver the Service Packet to the USMS in Lexington, Kentucky and note the date of delivery in the docket. 8) The USMS shall personally serve the Service Packet upon Deputy Daniel Degenhardt at the Kenton County Detention Center, 3000 Decker Crane Lane, Covington, Kentucky 41017, through arrangement with the detention center. Signed by Judge William O. Bertelsman on 8/14/2018.(ECO)cc: COR w/copy to Zachary Nathaniel Foote, pro se, at address listed on the docket sheet via U.S. Mail. With copy of Notice, Order and Form EDKY 525 to Jailer/Warden, Kenton County Detention Center via U.S. Mail.
August 10, 2018 Filing 8 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(ECO)
August 10, 2018 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis (CBD)
August 10, 2018 Conflict Check run. (CBD)
August 10, 2018 Filing 6 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:18-cv-00530. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to pro se filer
August 10, 2018 Opinion or Order Filing 5 ORDER by Senior Judge Charles R. Simpson, III on 8/9/2018 Dismissing Case. The instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Northern Division at Covington, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. cc: Counsel, Pro Se Plaintiff (MEJ) [Transferred from kywd on 8/10/2018.]
August 7, 2018 Filing 4 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. Magistrate Judge designation: Judge Colin H. Lindsay. (KD) [Transferred from kywd on 8/10/2018.]
August 6, 2018 Filing 3 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Zachary Nathaniel Foote. (KD) [Transferred from kywd on 8/10/2018.]
August 6, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Zachary Nathaniel Foote. (KD) [Transferred from kywd on 8/10/2018.]
August 6, 2018 Filing 1 COMPLAINT against Daniel Degenhardt, filed by Zachary Nathaniel Foote. (Attachments: #1 Attachment) (KD) [Transferred from kywd on 8/10/2018.]

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Defendant: Deputy Daniel Degenhardt
Represented By: Christopher Scott Nordloh
Represented By: Drew Cameron Harris
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Plaintiff: Zachary Nathaniel Foote
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