Simmons v. Beshear et al
| Dana Simmons |
| Andrew Beshear, Gerina Weathers, Ray Perry, Kentucky Personnel Cabinet and Kentucky Public Protection Cabinet |
| 3:2021cv00052 |
| October 22, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| P SO |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 5, 2022. A more recent docket listing may be available from PACER.
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Filing 27
REPLY to #23 filed by Andrew Beshear, Andrew Beshear, Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers. (Stone, Elizabeth)
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #23 MOTION to Dismiss for failure to state a claim by Andrew Beshear, Andrew Beshear, Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers (JJ)
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Filing 26
RESPONSE to Motion re #23 MOTION to Dismiss Amended Complaint for failure to state a claim filed by Dana Simmons. (Attachments: #1 Exhibit O - Executive Order 2020-323, #2 Exhibit P -9/4/2021 Proclamation, #3 Proposed Order) NOTE: Exhibits O and P were the only exhibits presented for filing with this pleading.(CBD)
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Filing 25
INITIAL DISCLOSURES pursuant to FRCP 26 by Dana Simmons, pro se.(JJ)
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Filing 24
DISCLOSURES by Andrew Beshear, Andrew Beshear, Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers.(Stone, Elizabeth)
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Filing 23
MOTION to Dismiss for failure to state a claim by Andrew Beshear, Andrew Beshear, Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers Motions referred to P SO. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Intent to Dismiss Letter, #3 Exhibit B - Schweder v. Beshear, #4 Exhibit C - Benner v. Wolf, #5 Exhibit D - Case v. Ivey, #6 Exhibit E - Bojicic v. DeWine, #7 Exhibit F - Zinman v. Nova Se. Univ., #8 Exhibit G - CDC Data Tracker - Franklin Cnty., #9 Proposed Order Granting Motion to Dismiss)(Stone, Elizabeth)
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Filing 22
REPORT of Rule 26(f) Planning Meeting. (Stone, Elizabeth)
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Filing 21
MOTION for Leave to Amend Complaint by Dana Simmons, pro se. (Attachments: #1 Tendered Amended Complaint)(JJ)
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Filing 20
REPLY to Defendant's #9 Response to Plaintiff's #4 Motion for Temporary Restraining Order filed by Dana Simmons, pro se. (JJ)
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Filing 19
TRANSCRIPT of Proceedings: Preliminary Conference for dates of October 29, 2021 before Judge William O. Bertelsman, re #13 Notice of Appeal. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Jennifer M. Wolsing, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/11/2022.
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Filing 17
TRANSCRIPT REQUEST by Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers for proceedings held on October 29, 2021 before Judge Hon. W. Bertelsman, (Wolsing, Jennifer)
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Clerk's Note: #17 , #18 Transcript Request forwarded to Court Reporter. (CBD) Modified text on 11/5/2021 (CBD).
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Filing 18
TRANSCRIPT REQUEST by Dana Simmons, pro se, for proceedings held on 10/29/2021 before Judge Judge Bertelsman. (CBD) Filed re ruling #16 on #15
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Filing 16
ORDER: Simmons's present motion does not provide the Court with sufficient information or grounds to grant the relief requested under Section753(f), as she has not indicated the issues she intends to raise on appeal or the grounds upon which she intends to rely in support of them.The Court will therefore deny her motion without prejudice at this time. Accordingly, it is ORDERED as follows: 1. Simmons's motion to waive transcript fees [R. #15 ] is DENIED without prejudice. Signed by Judge William O. Bertelsman on 11/4/2021. (JJ)cc: COR, Dana Simmons via US Mail Modified text on 11/4/2021 (JJ).
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NOTICE OF MANDATORY ECF DIRECTED TO Gordon A. Rowe, Jr.: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #16 Order on Motion for Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Gordon A. Rowe, Jr. by US Mail (JJ)
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NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Jennifer Wolsing: It appears the address listed on your filing #9 Response is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (CBD)
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Filing 15
MOTION for Waiver of Transcript Fees by Dana Simmons, pro se. Motions referred to P SO. (Attachments: #1 Proposed Order, #2 Transcript Request)(JJ) Modified on 11/3/2021 (JJ).
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Filing 14
USCA Case Number 21-6034 Case Manager Maria Welker for #13 Notice of Appeal filed by Dana Simmons. (CBD) Modified text on 11/9/2021 (JJ).
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Filing 13
NOTICE OF APPEAL as to #12 MINUTE ENTRY ORDER FOR PRELIMINARY CONFERENCE by Dana Simmons, pro se. cc: COR, 6CCA, Dana Simmons w/short record (JJ)
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Filing 11
MOTION for Order setting future hearings in the Frankfort division courthouse by Dana Simmons, pro se. Motions referred to PSO. (Attachments: #1 Memorandum in Support)(CBD)
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Filing 12
ORDER for PRELIMINARY CONFERENCE held on 10/29/2021 re #4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction before Judge William O. Bertelsman: (1) Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. #4 ) be, and is hereby, DENIED; and (2) Parties shall confer NLT 11/12/2021 to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and to develop a proposed discovery plan. Such proposed discovery plan shall be filed NLT 11/19/2021. Signed by Judge William O. Bertelsman on 11/2/2021. (Court Reporter Lisa Wiesman.) (JJ)cc: COR and Dana Simmons by US Mail Modified date on 11/2/2021 (JJ). Modified text on 11/5/2021 (JJ).
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Filing 10
NOTICE OF APPEARANCE by Andrew Beshear, Andrew Beshear. (Payne, Taylor)
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Attorney Update. ***Attorneys Taylor Payne, Gordon A. Rowe, Jr, Jennifer M. Wolsing added as COR. (CBD)
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Filing 9
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order by Dana Simmons MOTION for Preliminary Injunction by Dana Simmons filed by Andrew Beshear, Andrew Beshear, Kentucky Personnel Cabinet, Kentucky Public Protection Cabinet, Ray Perry, Ray Perry, Gerina Weathers, Gerina Weathers. (Attachments: #1 Exhibit A - Bailey Affidavit, #2 Exhibit B - CHFS Daily Report, #3 Exhibit C - CHFS Daily Report, #4 Exhibit D - CDC Cnty Data Tracker, #5 Exhibit E - CHFS Daily Report, #6 Exhibit F - Face Covering Policy, #7 Exhibit G - Perry Affidavit, #8 Exhibit H - Oct. 22 Suspension, #9 Exhibit I - Oct. 4 Emails, #10 Exhibit J- Oct 11-12 Emails, #11 Exhibit K - Frantz v. Beshear, #12 Exhibit L - KB v. Calloway Cnty., #13 Exhibit M - Seeberger v. Goodman, #14 Exhibit N - Fant v. Ky State Pen, #15 Exhibit O - Beckerich v. St. Elizabeth, #16 Exhibit P - Klaassen v. Trustees, #17 Exhibit Q - Bridges v. Houston Methodist, #18 Exhibit R - RK v. Lee, #19 Exhibit S - SB v. Lee)(Stone, Elizabeth)
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Filing 8
ORDER: PRELIMIANRY CONFERENCE set for 10/29/2021 at 1:30 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 10/27/2021.(JJ)cc: COR,Cov and Dana Simmons by US Mail
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Filing 7
ORDER: Motion #3 for Leave to Proceed in forma pauperis and payment of the filing and administrative fees is WAIVED. Signed by Judge William O. Bertelsman on 10/26/2021. (CBD)cc: COR and Dana Simmons by US Mail. Modified cc on 10/27/2021 (CBD).
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***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #4 MOTION for Temporary Restraining Order by Dana Simmons MOTION for Preliminary Injunction by Dana Simmons (JJ)
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***MOTION SUBMITTED TO PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Dana Simmons (JJ)
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Filing 6
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. (JJ)cc: Dana Simmons by US Mail Modified date on 10/25/2021 (JJ).
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Filing 5
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)(JJ)
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Conflict Check run. (JJ)
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Filing 4
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Dana Simmons, pro se. Motions referred to P SO. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(JJ)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Dana Simmons, pro se. Motions referred to P SO. (JJ)
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Filing 1
COMPLAINT, filed by Dana Simmons, pro se. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Executive Order 3/6/20, #3 Exhibit B - Order 5/11/20, #4 Exhibit C - Boone Co. Judgment, #5 Exhibit D - Executive Order 6/11/21, #6 Exhibit E - Email to all Executive Branch employees, #7 Exhibit F - Executive Order 8/10/21, #8 Exhibit G - 2:21-cv-96-WOB TRO, #9 Exhibit H - Email Correspondence, #10 Exhibit I - Email re Appeal, #11 Exhibit J - Email re Request to Leave, #12 Exhibit K - Written Reprimand, #13 Exhibit L - Suspension, #14 Summons Andrew Beshear, #15 Summons Gerina Weathers, #16 Summons Ray Perry, #17 Summons Kentucky Public Protection Cabinet, #18 Summons Kentucky Personnel Cabinet)(JJ)
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