Sellers et al v. Joyner et al
| Kamika Joyner, Sonja Collins, Tyra Chatman, Nakia Walker, Leaniya Hacker, Rachel Hodnett, Kathy Perkin, Alicia Miller, Amber Flannery, Ambyr Bester, Latasha Ryan, Beth Bowels, Jane Doe, Baptist Health Care System, Dr. Lori Shooks, Holly Rollins, Gayle Sevy, Courtney Bales, Lakynanna Miller, Lora Pennington, Penny Peyton, Clay Bryant, James Cooper, LFUCG, April Davis, CHFS, Kathy Perkins, Beth Bowles, Baptist Healthcare Systems, Inc. In their Individual capacity defined as Supervisor w/in Baptist Healthcare Systems, Inc. doing business as Central Baptist Hospital (BHS), Dr. Lori Shook, Tiffany Yahr, Mary Carpenter, Elizabeth Thompson, Penny Cooper, Bill Sisson and James Borders |
| Kimmaire Sellers |
| 5:2022cv00077 |
| March 25, 2022 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2022. A more recent docket listing may be available from PACER.
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #15 MOTION to Dismiss for failure to state a claim by Lori Shook.(MDC)
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Filing 41
REPLY to Response to Motion re #15 MOTION to Dismiss for failure to state a claim by Lori Shook filed by Lori Shook. (Weber, Jonathan)
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Filing 40
ORDER: denying #39 Motion to Stay or Hold in Abeyance. Signed by Judge Danny C. Reeves on 5/19/22. (JLM)cc: COR and Kimmaire Sellers by US Mail
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Filing 39
MOTION to Stay in Abeyance by Kimmaire Sellers, Pro Se. (MDC)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #39 MOTION to Stay in Abeyance by Kimmaire Sellers, Pro Se. (MDC)
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Filing 38
RESPONSE to Motion re #15 MOTION to Dismiss for failure to state a claim by Lori Shook , filed by Kimmaire Sellers, Pro Se. (MDC)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #15 MOTION to Dismiss for failure to state a claim by Lori Shook . (MDC)
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Filing 37
THIRD RESPONSE to Motion (hand written as Reply to DE# 29) re #19 MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkin filed by Kimmaire Sellers, Pro Se. (MDC)
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Filing 36
THIRD RESPONSE to Motion (hand written as Reply to DE# 27) re #11 MOTION to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson filed by Kimmaire Sellers, Pro Se. (MDC)
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Filing 35
THIRD RESPONSE to Motion (hand written as Reply to DE# 26) re #10 MOTION to Dismiss for failure to state a claim by James Cooper, LFUCG, filed by Kimmaire Sellers, Pro Se. (MDC)
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Filing 34
VIRTUAL ORDER: granting Dft's #12 MOTION for leave to Seal a Document. The #13 Sealed Document remains under seal. Signed by Judge Danny C. Reeves on 05/10/2022. (MDC) cc: COR and Kimmaire Sellers by US Mail
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Filing 33
CONVENTIONAL FILING received on behalf of Kimmaire Sellers, Pro Se. CD and Thumb Drive are filed per re #30 - #32 SECOND RESPONSES. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (MDC)
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Filing 32
SECOND RESPONSE (titled as REPLY) to Motion re #19 Motion to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkins, Latasha Ryan, Nakia Walker, Tiffany Yahr, filed by Kimmaire Sellers, pro se. **Filing accompanied by CD and thumb drive maintained on shelf in the Clerk's office. (JER) Modified text on 5/10/2022 (MDC).
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Filing 31
SECOND RESPONSE (titled as REPLY) to Motion re #11 Motion to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson, filed by Kimmaire Sellers, pro se. ** Filing accompanied by CD and thumb drive maintained on shelf in the Clerk's office. (JER) Modified text on 5/9/2022 (JER). Modified text/Docket Relationship on 5/10/2022 (MDC).
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Filing 30
SECOND RESPONSE (titled as REPLY) to Motion re #10 Motion to Dismiss for failure to state a claim by James Cooper, LFUCG, filed by Kimmaire Sellers, pro se. **Filing accompanied by CD and thumb drive maintained on shelf in the Clerk's office. (JER) Modified text on 5/9/2022 (JER). Modified Text/Docket relationship on 5/10/2022 (MDC).
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Filing 29
REPLY BRIEF to #19 CHFS Defendants' Motion to Dismiss filed by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkins, Latasha Ryan, Nakia Walker, Tiffany Yahr. (Applegate, LeeAnne)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #19 CORRECTED MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkin (MDC)
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Filing 28
ORDER: 1) To the extent the pla's pro se filings constitute motions for summary judgment [Record Nos. 20-1, 21-1, 24-1], such relief is DENIED. 2) Dft's #25 Joint Motion to hold the pla's apparent motions in abeyance is DENIED as moot. 3) The "additional documents' filed at Record No. 24-1 shall be SEALED. Signed by Judge Danny C. Reeves on 05/05/2022. (MDC) cc: COR and Kimmaire Sellers by US Mail
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Filing 27
REPLY to Response to Motion re #11 MOTION to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson filed by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson. (Danford, Daniel)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #11 MOTION to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson (MDC)
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Filing 26
REPLY to Response to Motion re #10 MOTION to Dismiss for failure to state a claim, filed by James Cooper, LFUCG. (Henning, J.) Modified Text/Docket relationship on 5/4/2022 (MDC).
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NOTICE OF DOCKET MODIFICATION TO J. Todd Henning re #26 REPLY: Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (MDC)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #10 MOTION to Dismiss for failure to state a claim by James Cooper, LFUCG. (MDC)
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Filing 25
JOINT MOTION to Hold Pla's Motions for Summary Judgment in Abeyance pending Resolution of Motions to Dismiss by Baptist Health Care System, Inc. and its named employees (collectively the Baptist Defendants), the Cabinet for Health and Family Services and its named employees (collectively the CHFS Defendants), the Lexington Urban Fayette County Government and its named employee (collectively the LFUCG Defendants), and Dr. Lori Shook, (Attachments: #1 Proposed Order)(Danford, Daniel) Modified Text/Filers/Event on 5/3/2022 (MDC).
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Filing 24
RESPONSE to Motion re #10 MOTION to Dismiss for failure to state a claim by James Cooper, LFUCG filed by Kimmaire Sellers, pro se. (Attachments: #1 Attachment - Sealed per #28 Order. (JER) Modified text/restriction on 5/5/2022 (MDC).
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Filing 23
ORDER: The additional documents [Record No. 20-1; 21-1] shall be SEALED. Signed by Judge Danny C. Reeves on 04/27/2022. (MDC) cc: COR and Kimmaire Sellers by US Mail
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Filing 22
NOTICE of Filing re #20 Response to Motion, by Kimmaire Sellers, pro se. (Attachments: #1 Attachment -Additional Documents)(JER) Modified text/Changed Event/Terminated Motion on 4/26/2022 (MDC).
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Filing 21
RESPONSE to Motion re #19 CORRECTED MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkin filed by Kimmaire Sellers, pro se. (Attachments: #1 Sealed per #23 Order)(JER) Modified Text/Restriction on 4/27/2022 (MDC).
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Filing 20
RESPONSE to Motion re #11 MOTION to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson, filed by Kimmaire Sellers, Pro Se. (Attachments: #1 Sealed per #23 Order)(MDC) Modified text/restriction on 4/27/2022 (MDC).
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NOTICE OF DOCKET MODIFICATION TO LeeAnne Edmonds Applegate re #17 & #18 MOTION to Dismiss for failure to state a claim: Error: Attorney filed duplicate motion entries; Entry by attorney; Correction: Clerk modified the text of #17 & #18 to indicate it was incorrectly filed, and termed the incorrectly filed motion; In the future, do not re-file the entire document. Instead, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the omitted documents, and create a link to the related docket entry. No further action required by counsel. cc: COR (MDC)
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Filing 19
CORRECTED MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkins, Latasha Ryan, Nakia Walker, Tiffany Yahr (Attachments: #1 Proposed Order Order Dismissing with Prejudice)(Applegate, LeeAnne)
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Filing 18
INCORRECTLY FILED MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkins, Latasha Ryan, Nakia Walker, Tiffany Yahr (Applegate, LeeAnne) Modified on 4/25/2022 (MDC).
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Filing 17
INCORRECTLY FILED MOTION to Dismiss for failure to state a claim by Ambyr Bester, Beth Bowles, CHFS, Mary Carpenter, Tyra Chatman, Sonja Collins, April Davis, Jane Doe, Amber Flannery, Leaniya Hacker, Rachel Hodnett, Kamika Joyner, Alicia Miller, Kathy Perkins, Latasha Ryan, Nakia Walker, Tiffany Yahr (Applegate, LeeAnne) Modified on 4/25/2022 (MDC).
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Filing 16
FRCP 7.1 DISCLOSURE STATEMENT by Lori Shook. (Robinson, Clayton)
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Filing 15
MOTION to Dismiss for failure to state a claim by Lori Shook (Attachments: #1 Proposed Order)(Robinson, Clayton)
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Filing 14
FRCP 7.1 DISCLOSURE STATEMENT by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson. (Danford, Daniel)
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Filing 13
SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #12 MOTION for leave to Seal a Document by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson (Danford, Daniel) Modified Text on 4/22/2022 (MDC).
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Filing 12
MOTION for leave to Seal a Document by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson (Attachments: #1 Proposed Order)(Danford, Daniel) Modified Text/removed docket entry relationship on 4/22/2022 (MDC).
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Filing 11
MOTION to Dismiss for failure to state a claim by Courtney Bales, Baptist Healthcare Systems, Inc., James Borders, Clay Bryant, Penny Cooper, Lakynanna Miller, Lora Pennington, Penny Peyton, Holly Rollins, Gayle Sevy, Bill Sisson, Elizabeth Thompson (Attachments: #1 Exhibit Ex 1 - Sellers Complaint, #2 Exhibit Ex 2 - BHSI Summons, #3 Exhibit Ex 3 - Cooper Summons, #4 Proposed Order)(Danford, Daniel)
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Filing 10
MOTION to Dismiss for failure to state a claim by James Cooper, LFUCG (Attachments: #1 Proposed Order Granting Motion To Dismiss)(Henning, J.)
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Filing 9
ORDER: denying Pla's #8 Motion to claim relief. Signed by Judge Danny C. Reeves on 04/20/2022. (MDC) cc: COR and Kimmaire Sellers by US Mail
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Filing 8
MOTION to Claim Relief by Kimmaire Sellers, pro se. (JER)
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Filing 7
ORDER: 1) Dft's #6 Joint Motion for Extension of time is GRANTED; 2) The time w/in which the dfts may respond to the Complaint is EXTENDED though and including 04/22/2022. Signed by Judge Danny C. Reeves on 03/30/2022. (MDC) cc: COR and Kimmaire Sellers by US Mail
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Filing 6
JOINT MOTION for Extension of Time by CHFS (Attachments: #1 Proposed Order)(Duke, J.) Modified Text/Filers on 3/30/2022 (MDC).
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #6 MOTION for Extension of Time by CHFS (MDC)
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Clerk's Note re #3 Notice of Deficiency re: Rule 7.1 Disclosures as to Cabinet For Health and Family Services sent to Attorney J. Wesley Warden Duke and LeeAnne Edmonds Applegate was sent in error. Attorney can disregard notice as the Cabinet for Health And Family Services is part of a government entity. (KM)
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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 Page)(MDC)
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Filing 4
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.. Signed by Judge Karen K. Caldwell on 05/06/2016.(MDC)cc: CORand Kimmaire Sellers by US Mail
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Filing 3
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, J. Wesley Warden Duke & LeeAnne Edmonds Applegate. #1 Notice of Removal, has been filed by Cabinet for Health and Family Services - CHFS without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MDC)
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Filing 1
NOTICE OF REMOVAL from Fayette County Circuit Court, case number 22-CI-198. ( Filing fee $402; receipt number AKYEDC-5226739), filed by CHFS. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - Summons to CHFS and Complaint, #3 Exhibit 3 - Notice to State Court re Removal, #4 Exhibit 4 - Civil Cover Sheet, #5 Exhibit 5 - Attachment to Civil Cover Sheet)(MDC)
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Conflict Check run. (MDC)
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