Boerste v. Ellis, LLC et al
| Bryan Tyler Boerste |
| Ellis Towing, LLC, City of Springfield, Kentucky, Springfield Police Department, Michael Cotton, Kevin Bewley, Mattingly Security, Inc. and Joshua Baker |
| Ellis Towing, LLC |
| Michael Cotton, Saint Catharine College, Inc., Mattingly Security, Inc., Joshua Baker and City of Springfield, Kentucky |
| 3:2017cv00298 |
| May 11, 2017 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Washington |
| Colin H. Lindsay |
| Greg N. Stivers |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
271
AMENDED OPINION AND ORDER: In light of Boerste's Motion to Alter or Amend (DN 263 ), the Court reissues the Opinion and Order and Final Judgment as amended. The Court grants in part and denies in part Boerste's Motion to Alter or Amend for the reasons stated in footnote one of the revised opinion issued today. The revised Opinion and Order and Final Judgment replace the orders previously issued at DN 261 and DN 262 , respectively. cc: Counsel (JM)
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Filing
261
OPINION AND ORDER: For the reasons explained in the accompanying opinion, the Court grants in part the City of Springfield's Motion for Summary Judgment (DN 174 ) and Officer Cotton's Motion for Summary Judgment (DN 176 ) on the federa l claims, grants judgment in favor of Bewley and Ellis LLC as a necessary consequence of the disposition of Cottons motion, Fed. R. Civ. P. 56(f), and remands the remaining state claims to state court. A final judgment will follow. cc: counsel, Washington Circuit Court (JM)
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Filing
253
OPINON AND ORDER: For the reasons explained in the accompanying opinion, the Court denies Boerste's motions to strike (DN 129 , 146 ), denies in part and grants in part Boerste's motion to dismiss specific defenses (DN 185 ), grants Boerste's motion to file a sur-reply (DN 230 ), denies Ellis, LLC's motion for sanctions (DN 125 ), and denies Sentry's motion to intervene (DN 161 ). The Court also asks that the parties arrive ready to discuss the federal claims against Kevin Bewley, Ellis Towing, and Ellis, LLC, including in particular the question of state action, at the upcoming summary-judgment hearing (DNs 251 , 252 ). cc: Counsel (JM)
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Filing
250
Order: The Court overrules Plaintiff's objections (DN 248 ) and adopts the report and recommendations (DN 246 ) granting in part and denying in part the parties' motions to exclude expert testimony. cc: Counsel (JM)
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Filing
234
MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Colin H. Lindsay on 10/29/2020. Bryan Tyler Boerste's Motion for Leave of Court to Take the Deposition of Allie Fisher (DN 163 ) is DENIED. cc: Counsel (ALS)
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Filing
99
MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 10/31/2019. For the reasons set forth, IT IS HEREBY ORDERED that Bewley's Renewed Motion for Stay of Proceedings and Discovery (DN 85 ) is GRANTED IN PART AND DEN IED IN PART as follows: (1) All discovery is stayed as to Bewley until November 11, 2019. (2) On or before 11/4/2019, Bewley shall file a status report detailing the outcome of the October 24, 2019, hearing in the Spencer Circuit Court action and the October 30, 2019, hearing in the Washington Circuit Court action. cc: Counsel (CDF)
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Filing
81
MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/17/2019. For the reasons set forth, Plaintiff's Motion for Leave to Continue the Depositions of Cotton and Bewley (DN 61 ) is GRANTED IN PART and DENIED IN PART. Plaintiff is granted leave to continue the depositions of Cotton and Bewley to those topics on which they originally asserted their Fifth Amendment privilege and any new events that have unfolded since their initial August 4, 2016, depositions. Plaintiff's request for sanctions is denied. The Parties shall complete the depositions of Cotton and Bewley within the fact discovery deadline set by this Court's February 6, 2019 Order (DN 67 ). cc: Counsel (CDF)
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Filing
29
MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 12/12/2017 granting 18 Motion to Stay filed by Kevin Bewley. All pending and future discovery requests and deposition notices propounded on Bewley are STAYED pending the con clusion of his criminal case. The stay of discovery as to Cotton REMAINS IN EFFECT. (See DN 13 ) Cotton and Bewley are REQUIRED to file a status update or updates no later than three (3) days after the criminal proceedings are resolved OR 02/1 6/2018, whichever is earlier. The stay of these proceedings as to Saint Catharine REMAINS IN EFFECT. The scheduling order of 10/4/2017 (DN 17 ) REMAINS IN EFFECT as to all other parties. The Court's standing order regarding discovery-related motions REMAINS IN EFFECT. cc: Counsel (CDR)
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