Perez v. Hyman et al
| Adrian Perez |
| Alexander B. Hyman, Scott Jones, James Randall Weaver and McKee, KY City of |
| 6:2022cv00230 |
| December 14, 2022 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Danny C Reeves |
| P SO |
| Robert E Wier |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 RESPONSE to Motion re #28 MOTION to Stay by Alexander B. Hyman, Scott Jones, McKee, KY City of, James Randall Weaver filed by Adrian Perez, pro se. (JMB) |
Filing 29
ORDER: (1) Plaintiff Perez SHALL RESPOND to the motion, DE #28 on or before Tuesday, February 21, 2023. The Court will interpret a lack of response as absence of objection to the motion. (2) The Clerk of Court SHALL email this order to Mr. Perez at doubleappnews@gmail.com. Signed by Magistrate Judge Hanly A. Ingram on 02/09/2023.(JCP)cc: COR, Adrian Perez via e-mail per order.
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| Filing 28 MOTION to Stay by Alexander B. Hyman, Scott Jones, McKee, KY City of, James Randall Weaver Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Hyman, Alexander) |
| Filing 27 REPLY in Support re #16 CORRECTED MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones, #14 MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones. (Hyman, Alexander) Modified text and removed link to unrelated motion on 2/3/2023 (APR). |
| Filing 26 REPLY in Support re #19 MOTION to Dismiss for failure to state a claim by McKee, KY City of, James Randall Weaver filed by McKee, KY City of, James Randall Weaver. (Hyman, Alexander) Modified text and removed links to unrelated motions on 2/3/2023 (APR). |
| NOTICE OF DOCKET MODIFICATION TO Alexander B. Hyman re #26 Response in Support of Motion, #27 Response in Support of Motion; Error: the replies to the responses to motions at #14 , #16 , and #19 were incorrectly filed using the event "Response in Support of Motion." Entry by attorney; Clerk modified the docket text of #26 and #27 to state "Reply"; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (APR) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #14 MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones , #16 CORRECTED MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones, #19 MOTION to Dismiss for failure to state a claim by McKee, KY City of, James Randall Weaver (APR) |
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Filing 25
ORDER: "request for Clarification" (D.E. #24 ) is DENIED as not a properly filed motion. Any party is welcome to move for any relief that can be supported by adequate factual and legal grounds, provided the motion is filed in accordance with applicable Rules. Signed by Magistrate Judge Hanly A. Ingram on 01/30/2023. (JCP)cc: CORand Adrian Perez by US Mail
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| Filing 24 Request for Clarification by Adrian Perez, pro se. Motions referred to Hanly A. Ingram. Clerk's Note: Pro se filer hand-delivered document to Clerk's Office. (APR) |
| Filing 23 RESPONSE in Opposition re #19 MOTION to Dismiss for failure to state a claim by McKee, KY City of, James Randall Weaver filed by Adrian Perez, pro se. Clerk's Note: Pro se filer hand-delivered response to Clerk's Office. (APR) Modified text on 1/20/2023 (APR). |
| Filing 22 RESPONSE in Opposition re #16 CORRECTED MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones, McKee, KY City of, James Randall Weaver filed by Adrian Perez, pro se. Clerk's Note: Pro se filer hand-delivered Response to Clerk's Office. (APR) Modified text on 1/20/2023 (APR). |
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Filing 21
ORDER: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report containing: a-f. Signed by Magistrate Judge Hanly A. Ingram on 1/18/2023. (Attachments: #1 Consent to Proceed Before Magistrate Judge)(APR)cc: COR and Adrian Perez by US Mail
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Filing 20
ORDER re #19 MOTION to Dismiss for failure to state a claim by McKee, KY City of, James Randall Weaver filed by James Randall Weaver, McKee, KY City of: (1) Plaintiff Perez SHALL FILE a response to the motion within the 21 days provided by Joint Local Civil Rule 7.1(c) and the additional three days for service by mail provided by Federal Rule of Civil Procedure 6(d). This means Plaintiff's response must be filed by Thursday, February 9, 2023. Plaintiff is reminded that "Failure to timely respond to a motion may be grounds for granting the motion." Joint Local Civil Rule 7.1(c). (2) The Clerk of Court SHALL email this order to Mr. Perez at doubleappnews@gmail.com. Signed by Magistrate Judge Hanly A. Ingram on 1/17/2023.(APR)cc: COR and Adrian Perez by email
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| Filing 19 MOTION to Dismiss for failure to state a claim by McKee, KY City of, James Randall Weaver (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Officer Weaver's Answer and Counterclaims, #3 Exhibit B -- City of McKee's Amended Answer and Counterclaim, #4 Exhibit C -- Magistrate's Recommended Disposition, #5 Proposed Order)(Hyman, Alexander) |
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Filing 18
ORDER: 1) Plaintiff Perez SHALL FILE response to the motion by FEBRUARY 6, 2023, provided by Joint Local Civil Rule 7.1(c). Response SHALL be filed in 230 case. 2) Clerk of Court SHALL STRIKE motion to dismiss from case 6:22-cv-127-REW D.E.# 48, 51. Actions have not been consolidated. Parties need not file motions in both actions unless relevant to both actions. 3) Clerk of Court SHALL email order to Mr. Perez at doubleappnews@gmail.com. Signed by Magistrate Judge Hanly A. Ingram on 01/12/2023.(JCP)cc: COR, Mr. Perez via email
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| Filing 17 NOTICE by Alexander B. Hyman, Scott Jones, McKee, KY City of, James Randall Weaver re #15 Order, (Hyman, Alexander) |
| Filing 16 CORRECTED MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Officer Weaver's Answer and Counterclaims, #3 Exhibit B -- City of McKee's Amended Answer and Counterclaim, #4 Exhibit C -- Magistrate's Recommended Disposition, #5 Proposed Order)(Hyman, Alexander) Modified text and filers on 2/3/2023 (APR). |
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Filing 15
ORDER: Defendants SHALL RE-SERVE their motions to dismiss upon Plaintiff (both via ECF and U.S. Mail). Defendants SHALL also ensure that all future filings are mailed to Plaintiff and SHALL ensure that the filings certificates of service accurately reflect both ECF filing and mailing. Signed by Magistrate Judge Hanly A. Ingram on 1/11/2023.(JMB)cc: COR and Adrian Perez by US Mail
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| Filing 14 MOTION to Dismiss for failure to state a claim by Alexander B. Hyman, Scott Jones (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Officer Weaver's Answer and Counterclaims, #3 Exhibit B -- City of McKee's Amended Answer and Counterclaim, #4 Exhibit C -- Magistrate's Recommended Disposition, #5 Proposed Order)(Hyman, Alexander) Modified text and filers on 2/3/2023 (APR). |
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Filing 13
ORDER re #12 Motion for Extension of Time to File Response/Reply: Good cause being shown, IT IS HEREBY ORDERED THAT Defendants' motion (D.E. 12) is GRANTED. Defendants James Randall Weaver and City of McKee, Kentucky SHALL have up to and including January 16, 2023, within which to move or plead in response to Plaintiff's Complaint. Signed by Magistrate Judge Hanly A. Ingram on 1/6/2023. (MM)cc: CORand Adrian Perez by US Mail
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Alexander B. Hyman, Scott Jones, McKee, KY City of, James Randall Weaver Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Hyman, Alexander) |
| Conflict Check run. (APR) |
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Filing 10
ORDER: 1. The Court ORDERS Defendants to file a responsive pleading in accordance with Rule 12 of the Federal Rules of Civil Procedure; and 2. The Court DIRECTS the Clerk of the Court to assign this matter to United States Magistrate Judge Hanly A. Ingram, as detailed in General Order 18-22, to oversee effectuation of service, potential consolidation between cases, and general pretrial management within the same scope as the referral in the related case. Signed by Judge Robert E. Wier on 12/19/2022.(APR)cc: COR and Adrian Perez by US Mail
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Filing 8
ORDEROF REASSIGNMENT: ORDERED that, for the reasons stated, and pursuant to General Order No. 22-06 (paragraph 8), the Clerk is directed to reassign this matter to United States District Judge Robert E. Wier for all further proceedings. Signed by Judge Danny C. Reeves on 12/19/2022.(KJA)cc: COR and Adrian Perez by US Mail
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #8 Order Reassigning Case, #1 Complaint, (KJA) |
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Filing 7
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 5/6/2016.(APR)cc: CORand Adrian Perez by US Mail
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| Filing 6 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)(APR) |
| Filing 5 SUMMONS Returned Executed by Adrian Perez, pro se, via Personal Service by Jackson Co. Sheriff's Office to James Randall Weaver served on 12/15/2022, answer due 1/5/2023. (APR) (Additional attachment(s) added on 1/4/2023: #1 Executed summons received from Jackson Co. Sheriff's Office by mail on 12/22/2022) (APR). |
| Filing 4 SUMMONS Returned Executed by Adrian Perez, pro se, via Service by Jackson Co. Sheriff's Office (left at residence of individual designated to accept service of process) to McKee, KY City of served on 12/15/2022, answer due 1/5/2023. (APR) Modified text on 12/15/2022 (APR). (Additional attachment(s) added on 1/4/2023: #1 Executed summons received from Jackson Co. Sheriff's Office by mail on 12/22/2022) (APR). Modified text on 1/4/2023 (APR). |
| Conflict Check run. (APR) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint, (APR) |
| Filing 2 Summons Issued as to Alexander B. Hyman, Scott Jones, James Randall Weaver, McKee, KY City of; Summons issued and returned to pro se Plaintiff via pick-up from Office of Clerk. (Attachments: #1 Summons - Scott Jones, #2 Summons - James R. Weaver, #3 Summons - City of McKee Kentucky)(APR) |
| Filing 1 COMPLAINT (styled "Claim and Action of Trespass") ( Filing fee $402; receipt number 600000349), filed by Adrian Perez, pro se. (Attachments: #1 Summons - Alexander B. Hyman, #2 Summons - Scott Jones, #3 Summons - James R. Weaver, #4 Summons - City of McKee Kentucky, #5 Receipt)(APR) Modified text on 12/15/2022 (APR). |
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