Napper et al v. Hankison et al
| Chelsey Napper and Cody Etherton |
| LT. Shawn Hoover, Detective Jonathan Mattingly, LT. Jerry Huckleberry, Louisville/Jefferson County Metro Government, Detective Anthony James, Detective Brett Hankison, Louisville Metro Police Department, Detective Joshua Jaynes, Detective Mike Nobles, Detective Mike Campbell, Detective Myles Cosgrove and Chief (Ret.) Steve Conrad |
| Brandon Jerrard Lawrence |
| 3:2020cv00764 |
| November 13, 2020 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Regina S Edwards |
| David J Hale |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
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Filing 110
ORDER Signed by Magistrate Judge Regina S. Edwards on 5/13/2022 granting #109 Motion for Carol S. Petitt and Kyle M. Vaughn to Withdraw as Counsel. cc: Counsel (JM)
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Filing 109
MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Defendant Brett Hankison (Attachments: #1 Proposed Order) (Petitt, Carol)
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Filing 108
STATUS REPORT Required by [DN 50] by Brett Hankison. (Piekarski, Matthew)
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Filing 107
REPLY to Response to Motion re #104 MOTION to Stay Proceedings, #102 Amended MOTION to Stay re #96 MOTION to Stay Maintain Stay , #96 MOTION to Stay Maintain Stay filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 106
RESPONSE to Motion re #102 Amended MOTION to Stay re #96 MOTION to Stay Maintain Stay , #96 MOTION to Stay Maintain Stay, #104 MOTION to Stay Proceedings filed by Myles Cosgrove, Jonathan Mattingly. (Brammell, William)
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Filing 105
REPLY to Response to Motion re #98 MOTION to Change Venue filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit Louisville Poll, #2 Exhibit Poll Where Louisville Stands) (Sexton, Jeffrey)
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Filing 104
MOTION to Stay Proceedings by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order, #2 Exhibit Book Cover) (Sexton, Jeffrey)
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Filing 103
REPLY to Response to Motion re #96 MOTION to Stay Maintain Stay filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 102
Amended MOTION to Stay re #96 MOTION to Stay Maintain Stay by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order, #2 Exhibit Mattingly's Book Cover) (Sexton, Jeffrey)
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Filing 101
RESPONSE to Motion re #98 MOTION to Change Venue filed by Mike Campbell, Steve Conrad, Myles Cosgrove, Brett Hankison, Shawn Hoover, Jerry Huckleberry, Anthony James, Joshua Jaynes, Louisville Metro Police Department, Louisville/Jefferson County Metro Government, Jonathan Mattingly, Mike Nobles. (Brammell, William)
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Filing 100
RESPONSE to Motion re #96 MOTION to Stay Maintain Stay filed by Myles Cosgrove, Jonathan Mattingly. (Brammell, William)
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Filing 99
REPLY to Response to Motion re #96 MOTION to Stay Maintain Stay filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 98
MOTION to Change Venue by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order, #2 Exhibit Courier Journal Editorial Opinion, #3 Exhibit Courier Journal Article) (Sexton, Jeffrey)
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Filing 97
RESPONSE to Motion re #96 MOTION to Stay Maintain Stay filed by Joshua Jaynes. (Dilbeck, James)
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Filing 96
MOTION to Stay Maintain Stay by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 95
NOTICE of Appearance by Katherine T. Watts on behalf of Brett Hankison (Watts, Katherine)
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Filing 94
NOTICE of Appearance by Matthew A. Piekarski on behalf of Brett Hankison (Piekarski, Matthew)
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Filing 93
STATUS REPORT by Brett Hankison. (Petitt, Carol)
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Filing 92
Notice of Filing Official Transcript re #91 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL)
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Filing 91
FILING OF OFFICIAL TRANSCRIPT of Oral Argument held on 09/03/21, before Judge Benjamin Beaton. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2021. Redacted Transcript Deadline set for 10/15/2021. Release of Transcript Restriction set for 12/13/2021. (DL)
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Filing 90
Memorandum of hearing: Judge Beaton held a hearing on 9/3/21 regarding the ripe motions in this case. The Court will rule on the motions in a subsequent order. (Court Reporter: Dena Legg. TIC: 48 min) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 89
Text Order. Judge Beaton asks counsel participating in this Friday's hearing to be prepared to address the pending motions to dismiss the related case (No. 3:21-cv-320), as well as the pending motions in this case (3:20-cv-764). The hearing will be held in person on September 3, 2021 at 9:00 a.m. Eastern in the Gene Snyder U.S. Courthouse. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 88
TEXT ORDER: At the request of counsel, the Court RESCHEDULES the in-person oral argument set for 9/2/2021 at 1:30 p.m. Eastern to 9/3/2021 at 9:00 a.m. Eastern in the Gene Snyder U.S. Courthouse before Judge Beaton. Should counsel need to reschedule this conference to avoid a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at Judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 87
Text Order. The Court sets an in-person oral argument on September 2, 2021 at 1:30 p.m. Eastern in the Gene Snyder U.S. Courthouse before Judge Beaton. The hearing will address all pending motions. Should counsel need to reschedule due to a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (Beilman, Anna)
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Filing 86
STATUS REPORT by Brett Hankison. (Petitt, Carol)
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Filing 85
STATUS REPORT by Brett Hankison. (Petitt, Carol)
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Filing 84
ATTACHMENT(s) Exhibits 1 and 2 re #83 Reply to Response to Motion (Attachments: #1 Exhibit) by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 83
REPLY to Response to Motion re #71 MOTION to Strike #70 Response to Motion filed by Chelsey Napper. (Sexton, Jeffrey)
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Filing 82
TEXT ORDER: The Court DENIES the parties' proposed agreed order (DN #79 ). The Court plans to issue an order on the motion to strike (DN #71 ) when that motion is fully briefed. The deadline for the Plaintiffs' reply in support of the motion to strike is Tuesday, April 27. The briefing and decision of the Plaintiffs' motion to strike (DN #71 ) can and should proceed in parallel with the briefing and decision of the Plaintiffs' motion to amend (DN #68 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 81
REPLY to Response to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint,,, filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 80
REPLY to Response to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 79
Proposed Agreed Order by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 78
RESPONSE to Motion re #68 MOTION for Leave to File Third Amended Complaint filed by Mike Campbell, Steve Conrad, Shawn Hoover, Jerry Huckleberry, Louisville/Jefferson County Metro Government, Mike Nobles. (Walker, Kristie) Modified text on 4/20/2021 (JM).
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Filing 77
AMENDED RESPONSE to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint. (Original response filed at DN #75 ) filed by Brett Hankison. (Petitt, Carol) Modified on 4/20/2021 to state this is Amended. (JM).
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Filing 76
REPLY to Response to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint,,, filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 75
RESPONSE to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint,,, filed by Brett Hankison. (Petitt, Carol)
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Filing 74
RESPONSE to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint,,, filed by Myles Cosgrove, Jonathan Mattingly. (Wicker, Kent)
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Filing 73
MOTION for Extension of Time to File Response/Reply as to #71 MOTION to Strike #70 Response to Motion , #72 Response to Motion by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 72
RESPONSE to Motion re #71 MOTION to Strike #70 Response to Motion filed by Joshua Jaynes. (Dilbeck, James)
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Filing 71
MOTION to Strike #70 Response to Motion by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 70
RESPONSE to Motion re #68 MOTION to Amend/Correct #8 Amended Complaint,,, filed by Joshua Jaynes. (Martin, Jace)
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Filing 69
MOTION to Withdraw #68 MOTION to Amend/Correct #8 Amended Complaint,,, by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order, #2 Exhibit CLEAN COPY) (Sexton, Jeffrey)
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Filing 68
MOTION to Amend/Correct #8 Amended Complaint,,, by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Exhibit FIRST STATE COURT COMPLAINT, #2 Exhibit FIRST AMENDED STATE COURT COMPLAINT, #3 Exhibit SECOND AMENDED FEDERAL COMPLAINT, #4 Exhibit MODIFIED SECOND AMENDED FEDERAL COMPLAINT, #5 Exhibit AFFIDAVIT FOR SEARCH WARRANT, #6 Exhibit SEARCH WARRANT, #7 Exhibit LMPD/SOP, #8 Exhibit LMPDSWAT FOLLOW-UP INTERVIEWS, #9 Exhibit LMPD SUMMARY OF EVENTS, #10 Exhibit BOOK OF ROMANS SCRIPTURE, #11 Exhibit LMPD 2017 SPRING QUALIFICATION TRAINING, #12 Exhibit ARTICLE, #13 Exhibit WASHINGTON POST ARTICLE, #14 Exhibit LMPD RISK ASSESSMENT MATRIX, #15 Exhibit INTERVIEW B. HOGAN, #16 Exhibit INTERVIEW M BURNS, #17 Proposed Order, #18 Exhibit HH REPORT, #19 Exhibit HH REPORT, #20 Exhibit HH REPORT, #21 Exhibit HH REPORT, #22 Exhibit HH REPORT, #23 Exhibit ARTICLE, #24 Exhibit LMPD FACEBOOK, #25 Exhibit CASE SUMMARIES, #26 Exhibit SIGN IN JAMES, #27 Exhibit SIGN IN JAYNES, #28 Exhibit SIGN IN MATTINGLY, #29 Exhibit SIGN IN NOBLES, #30 Exhibit SIGN IN CAMPBELL, #31 Exhibit SIGN IN COSGROVE, #32 Exhibit SIGN IN HANKISON, #33 Exhibit SIGN IN HOOVER, #34 Exhibit SIGN IN HUCKLEBERRY) (Sexton, Jeffrey)
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Filing 67
Memorandum Opinion and Order by Judge Beaton. The Court GRANTS Defendant Jaynes's motion to dismiss [DN #12 ]. cc: Counsel (JM)
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Filing 66
Objection to #65 Response, filed by Joshua Jaynes. (Attachments: #1 Proposed Order Order) (Dilbeck, James)
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Filing 65
RESPONSE to re #64 Response, SUPPLEMENTAL filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 64
RESPONSE to COURT'S REQUEST FOR LEGAL AUTHORITY filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit PAGE 11 OF DEPOSITION) (Sexton, Jeffrey)
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Filing 63
REPLY to Response to Motion re #52 MOTION to Notice take Judicial Notice filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit Article) (Sexton, Jeffrey)
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Filing 62
Notice of Filing Official Transcript re #61 Transcript - Court Official. Please review the complete Notice for instructions. (TT)
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Filing 61
FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing held on 3/9/2021, before Judge Benjamin Beaton. Court Reporter Terri Turner, Telephone number 270-415-6417. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/10/2021. (TT) (Main Document 61 replaced on 3/25/2021) (KJA).
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Filing 60
ORDER by Magistrate Judge Regina S. Edwards on 3/10/2021: Plaintiffs' Objections #51 are SUSTAINED, and Mr. Lawrence's Notice of Attorney's Fees Lien 49 is STRICKEN from the record. cc: counsel (JM)
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Filing 59
Memorandum of hearing: Judge Beaton held oral argument on 3/9/21 regarding Defendant Jayness motion to dismiss DN #12 . The Court will rule on this motion in a subsequent order. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Court Reporter: Terri Turner. TIC: 55 min) cc: counsel (JM)
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Filing 58
RESPONSE to Motion re #52 MOTION to Notice take Judicial Notice of Hillard Heintze Report filed by Myles Cosgrove, Brett Hankison, Jonathan Mattingly. (Brammell, William)
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Filing 57
ORDER by Judge Beaton: In light of Plaintiffs' concession that Defendant Louisville Metro Police Department is not a properly named party [DN #40 ], the Court GRANTS Defendant Louisville Metro Police Department's motion to dismiss [DN #32 ]. cc: Counsel (KD)
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Filing 56
TEXT ORDER: Judge Beaton would like to schedule a Telephonic Hearing for 3/9/2021 at 2:00 p.m. Eastern. The conference will address Defendant Jaynes's motion to dismiss [DN #12 ]. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. Should counsel need to reschedule this conference to avoid a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at Judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 55
REPLY to Response to Motion re #48 MOTION take Judicial Notice filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 54
RESPONSE to Motion re #52 MOTION to Notice take Judicial Notice filed by Mike Campbell, Steve Conrad, Myles Cosgrove, Brett Hankison, Shawn Hoover, Jerry Huckleberry, Anthony James, Joshua Jaynes, Louisville Metro Police Department, Louisville/Jefferson County Metro Government, Jonathan Mattingly, Mike Nobles. (Brammell, William)
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Filing 53
RESPONSE to Objections re 49 Notice of Attorney's Lien filed by Brandon Jerrard Lawrence. (Attachments: #1 Exhibit A, #2 Exhibit Supreme Court Rule, #3 Exhibit Previous Exhibit) (Lawrence, Brandon) Modified on 2/16/2021 to state this is a response to objections- not a reply to motion (JM).
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Filing 52
MOTION to Notice take Judicial Notice by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order, #2 Exhibit Hillard Heitz Report 1-33, #3 Exhibit Hillard Heintz Report 34-74, #4 Exhibit Report 75-117, #5 Exhibit Report 118-123, #6 Exhibit Report 124-155) (Sexton, Jeffrey)
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Filing 51
Objection to 49 Notice of Attorney's Lien filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 50
OPINION and ORDER by Judge Beaton on February 5, 2021. The Court GRANTS IN PART Defendant Hankison's motion to stay #27 and ORDERS that Hankison submit a status report 90 days as described in the Opinion issued today. cc: Counsel (JM)
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Filing 49
STRICKEN FROM THE RECORD pursuant to Court Order #60 entered on 3/10/2021 (JM).
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Filing 48
MOTION take Judicial Notice by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Exhibit Washington Post Article, #2 Proposed Order) (Sexton, Jeffrey)
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Filing 47
REPLY re #32 MOTION to Dismiss Plaintiff's Second Ameded Complaint against Louisville Metro Police Department, #31 MOTION to Strike #8 Second Amended Complaint MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Mike Campbell, Shawn Hoover, Jerry Huckleberry, Anthony James, Louisville Metro Police Department, Louisville/Jefferson County Metro Government, Mike Nobles. (Walker, Kristie)
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TEXT ORDER Signed by Judge Benjamin Beaton on 1/11/2021. The Court GRANTS the parties' joint request Enlarging Time to Respond to Second Amended Complaint (DN #26 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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TEXT ORDER Signed by Judge Benjamin Beaton on 1/11/2021. The Court GRANTS Plaintiffs' motions for leave to file oppositions in excess of the 25-page limit (DNs #42 , #43 ). The Court also GRANTS Defendants Cosgrove and Mattingly's motion for leave to file a reply brief in excess of the 15-page limit (DN #45 ). The Court notes, however, that counsel should ordinarily file such motions before the briefing deadline so the Court may consider them before counsel file overlength briefs without leave. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 46
REPLY to Response to Motion re #28 Joint MOTION to Dismiss filed by Myles Cosgrove, Jonathan Mattingly. (Wicker, Kent)
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Filing 45
MOTION for Leave to File Excess Pages by Defendants Myles Cosgrove, Jonathan Mattingly (Attachments: #1 Proposed Order) (Wicker, Kent)
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Filing 44
ORDER Signed by Magistrate Judge Regina S. Edwards on 1/5/2021 granting #7 Motion to Substitute Counsel. cc: Counsel(JM)
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Filing 43
MOTION for Leave to file by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 42
MOTION for Leave to file by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 41
RESPONSE to Motion re #31 MOTION to Strike #8 Second Amended Complaint MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit Newspaper Article, #2 Exhibit LMPD report, #3 Exhibit LMPD Standard Operating Procedures, #4 Exhibit Search Warrant, #5 Exhibit Affidavit for Search Warrant, #6 Exhibit Interviews, #7 Exhibit Blue Lives Matter, #8 Exhibit Louisville Metro Budget, #9 Exhibit LMPD 2017 Spring Qualification, #10 Exhibit 10-Campbell, #11 Exhibit 10-Cosgrove, #12 Exhibit 10-Hankison, #13 Exhibit 10-Hoover, #14 Exhibit 10-Huckleberry, #15 Exhibit 10-James, #16 Exhibit 10-Jaynes, #17 Exhibit 10-Mattingly, #18 Exhibit 10-Nobles, #19 Exhibit Deadly Force, #20 Exhibit Training Values, #21 Exhibit New York Times Article, #22 Exhibit Hankison Termination Letter, #23 Exhibit LMPD Standard Operating Procedures, #24 Exhibit Termination Letter Jaynes, #25 Exhibit Risk Assessment Matrix) (Sexton, Jeffrey)
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Filing 40
RESPONSE to Motion re #32 MOTION to Dismiss Plaintiff's Second Ameded Complaint against Louisville Metro Police Department filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 39
NOTICE OF FILING Corrected Exhibit #3 re #38 Response to Motion, by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey) Modified docket text on 12/29/2020 (JM).
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TEXT ORDER by Judge Benjamin Beaton. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Regina S. Edwards for hearing and determining all pretrial matters, including non-dispositive motions. Judge Edwards may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 38
RESPONSE to Motion re #28 Joint MOTION to Dismiss filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit Media reports, #2 Exhibit LMPD Investigative report, #3 Exhibit LMPD SOP 8.1, #4 Exhibit Jaynes search warrant, #5 Exhibit Jaynes affidavit, #6 Exhibit Mattingly Cosgrove statements) (Sexton, Jeffrey)
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Filing 37
REPLY to Response to Motion re #27 MOTION to Stay filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit LMPD Special Investigations Division PIU) (Sexton, Jeffrey)
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Filing 36
REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Jaynes. (Attachments: #1 Exhibit Exhibit 1) (Dilbeck, James)
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Filing 35
NOTICE OF NO OBJECTION TO MOTION TO STAY by Myles Cosgrove, Jonathan Mattingly re #29 Response to Motion, #27 MOTION to Stay (Brammell, William)
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Filing 34
REPLY to Response to Motion re #27 MOTION to Stay filed by Brett Hankison. (Petitt, Carol)
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Filing 33
RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit Media Coverage, #2 Exhibit Investigative Report, #3 Exhibit LMPD Standard Operating Procedures, #4 Exhibit Search Warrant, #5 Exhibit Affidavit for Search Warrant, #6 Exhibit Interview with Defendant, Jaynes, #7 Exhibit LMPD PIU Interview, #8 Exhibit LMPD PIU Interview) (Sexton, Jeffrey)
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Filing 32
MOTION to Dismiss Plaintiff's Second Ameded Complaint against Louisville Metro Police Department by Defendant Louisville Metro Police Department (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Walker, Kristie)
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Filing 31
MOTION to Strike #8 Second Amended Complaint; MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendants Mike Campbell, Shawn Hoover, Jerry Huckleberry, Louisville Metro Police Department, Louisville/Jefferson County Metro Government (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Walker, Kristie). Added MOTION to Dismiss on 12/10/2020 (JM).
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Filing 30
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 29
RESPONSE to Motion re #27 MOTION to Stay filed by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 28
Joint MOTION to Dismiss by Defendants Myles Cosgrove, Jonathan Mattingly (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Wicker, Kent)
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Filing 27
MOTION to Stay by Defendant Brett Hankison (Attachments: #1 Proposed Order) (Petitt, Carol)
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Filing 26
Proposed Agreed Order Enlarging Time to Respond to Second Amended Complaint by Mike Campbell, Steve Conrad, Shawn Hoover, Jerry Huckleberry, Anthony James, Louisville Metro Police Department, Louisville/Jefferson County Metro Government, Mike Nobles. (Walker, Kristie)
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Filing 25
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Steve Conrad served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 24
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Jerry Huckleberry served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 23
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Shawn Hoover served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 22
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Mike Campbell served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 21
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Mike Nobles served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 20
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Anthony James served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 19
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 18
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Louisville Metro Police Department served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 17
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Louisville/Jefferson County Metro Government served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 16
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Joshua Jaynes served on 11/25/2020, answer due 12/16/2020. (Sexton, Jeffrey)
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Filing 15
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Jonathan Mattingly served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 14
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Myles Cosgrove served on 11/30/2020, answer due 12/21/2020. (Sexton, Jeffrey)
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Filing 13
SUMMONS Returned Executed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). Brett Hankison served on 11/25/2020, answer due 12/16/2020. (Sexton, Jeffrey)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Joshua Jaynes (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Proposed Order Order, #3 Exhibit Exhibit 1) (Dilbeck, James)
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Filing 11
Summonses Issued as to Mike Campbell, Steve Conrad, Myles Cosgrove, Brett Hankison, Shawn Hoover, Jerry Huckleberry, Anthony James, Joshua Jaynes, Louisville Metro Police Department, Louisville/Jefferson County Metro Government, Jonathan Mattingly, and Mike Nobles. Counsel for Plaintiffs is responsible for printing and serving the attached issued summonses. (KD)
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Filing 10
ATTACHMENT(s) SUMMONS re #8 Amended Complaint,,, by Cody Etherton, Chelsey Napper, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Sexton, Jeffrey)
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Filing 9
AGREED ORDER Signed by Judge David J. Hale on 11/19/2020, granting #5 - Defendants shall have until Wednesday, December 2, 2020 to file any responsive pleadings in this matter. (KD)
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Filing 8
SECOND AMENDED COMPLAINT against Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.), filed by Chelsey Napper, Cody Etherton, Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, B.E.), Chelsey Napper(Legal Guardian, Mother and Next Friend of Minor, Z.F.). (Attachments: #1 Exhibit LMPD Affidavit for Search Warrant, #2 Exhibit LMPD Search Warrant, #3 Exhibit LMPD Operating Procedures, #4 Exhibit LMPD SWAT follow-up interviews, #5 Exhibit LMPD Summary of Events, #6 Exhibit Picture /LMPD Training Manual, #7 Exhibit Picture/LMPD Training Manual, #8 Exhibit Misc News Article) (Sexton, Jeffrey)
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Filing 7
MOTION to Substitute Attorney by Plaintiffs Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
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Filing 6
NOTICE of Appearance by Jeffrey A. Sexton on behalf of Cody Etherton, Chelsey Napper, Chelsey Napper, Chelsey Napper (Sexton, Jeffrey)
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Filing 5
Proposed Agreed Order by Myles Cosgrove, Jonathan Mattingly. (Brammell, William)
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Filing 4
NOTICE Notice of Filing of Notice of Removal by Brett Hankison (Attachments: #1 Exhibit Certificate of Filing in State Court, #2 Exhibit file stamped Notice to JCC) (Petitt, Carol)
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Filing 3
CLERK'S NOTICE #1 Notice of Removal from Jefferson Circuit Court, Civil Number 20-CI-003067. cc: Counsel, Jefferson Circuit Court (ALS)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (ALS)
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Filing 1
NOTICE OF REMOVAL by Louisville/Jefferson County Metro Government, Brett Hankison, Steve Conrad, Jerry Huckleberry, Shawn Hoover, Anthony James, Jonathan Mattingly, Louisville Metro Police Department, Mike Campbell, Mike Nobles, Myles Cosgrove, Joshua Jaynes from Jefferson Circuit Court, case number 20-CI-003067 (Filing fee $ 400, receipt number 0644-3226026) filed by Louisville/Jefferson County Metro Government, Brett Hankison, Steve Conrad, Jerry Huckleberry, Shawn Hoover, Anthony James, Jonathan Mattingly, Louisville Metro Police Department, Mike Campbell, Mike Nobles, Myles Cosgrove, Joshua Jaynes. (Attachments: #1 Cover Sheet, #2 Exhibit Plaintiffs initial Complaint, #3 Exhibit Plaintiffs First Amended Complaint and Exhibits, #4 Exhibit Plaintiffs Second Amended Complaint, #5 Exhibit Order Granting Defendant Hankisons Motion to Stay Discovery, #6 Exhibit Order Denying Defendant Hankisons Motion to Consolidate, #7 Exhibit Agreed Order Granting Defendants joint request to redact personal inform, #8 Exhibit Civil summonses) (ALS) (Additional attachment(s) added on 11/17/2020: #9 Notice of Filing of Notice of Removal) (KD).
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