Walker v. Louisville/Jefferson County Metro Government et al
| Kenneth Walker, III |
| Sgt. Luke Phan, Major Kimberly Burbrink, Lt. Shawn Hoover, Detective Tony James, Lt. Jerry Huckelberry, Louisville/Jefferson County Metro Government, Detective Myles Cosgrove, Officer Michael Campbell, Detective Kelly Goodlett, Detective Michael Nobles, Employees of the Louisville Metropolitan Police Department, Detective Brett Hankison, Sgt. Jonathan Mattingly, Detective Joshua Jaynes and Sgt. Kyle Meany |
| 3:2021cv00161 |
| March 12, 2021 |
| US District Court for the Western District of Kentucky |
| David J Hale |
| Lanny King |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 85
Proposed Agreed Order FOR EXTENSION OF TIME TO FILE ANSWERS by Michael Campbell, Shawn Hoover, Tony James, Louisville/Jefferson County Metro Government, Michael Nobles. (Walker, Kristie)
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Filing 84
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Kyle Meany waiver sent on 9/21/2022, answer due 11/21/2022. (Garrett, Ruby)
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Filing 83
ORDER signed by Magistrate Judge Lanny King on 9/15/2022 granting #78 Motion to Withdraw as Attorney. Kristie B. Walker is granted leave to withdraw as counsel for Defendant Kelly Goodlett. cc: Counsel (SRH)
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Filing 82
Summons Issued as to Kyle Meany. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (DLW)
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Filing 81
FIRST AMENDED COMPLAINT against Michael Campbell, Myles Cosgrove, Employees of the Louisville Metropolitan Police Department, Kelly Goodlett, Brett Hankison, Shawn Hoover, Tony James, Joshua Jaynes, Louisville/Jefferson County Metro Government, Jonathan Mattingly, Michael Nobles, Kyle Meany, filed by Kenneth Walker, III. (DLW)
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Filing 80
ORDER Signed by Judge David J. Hale on 9/13/2022 granting #74 Motion to Amend/Correct. The Clerk of Court is DIRECTED to file the tendered #74 -1 amended complaint in the record of this matter. cc: Counsel (DLW)
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Filing 79
NOTICE of Appearance by Joseph C. Klausing on behalf of Kelly Goodlett (Klausing, Joseph)
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Filing 78
MOTION to Withdraw as Attorney for Defendant, Kelly Goodlett (Continue to receive notice: Yes) by Defendant Kelly Goodlett (Walker, Kristie) (Additional attachment(s) added on 8/30/2022: #1 Proposed Order) (DLW).
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Filing 77
ORDER Signed by Magistrate Judge Lanny King on 8/17/2022 denying without prejudice #73 Joint Motion for Protective Order. cc: Counsel (JM)
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Filing 76
NOTICE of Filing Corrected Tendered Summons by Kenneth Walker, III re #75 Notice (Attachments: #1 Summons Sgt. Kyle Meany) (Garrett, Ruby)
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Filing 75
NOTICE of Filing Tendered Summons by Kenneth Walker, III re #74 MOTION to Amend/Correct #1 Complaint (Attachments: #1 Summons Summons for Sgt. Kyle Meany) (Garrett, Ruby)
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Filing 74
MOTION to Amend/Correct #1 Complaint by Plaintiff Kenneth Walker, III (Attachments: #1 Exhibit A - Plaintiff's First Amended Complaint, #2 Proposed Order) (Garrett, Ruby) (Additional attachment(s) added on 8/17/2022: #3 Summons) (DLW).
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Filing 73
Joint MOTION for Protective Order (Agreed) by Defendants Kimberly Burbrink, Michael Campbell, Myles Cosgrove, Employees of the Louisville Metropolitan Police Department, Kelly Goodlett, Brett Hankison, Shawn Hoover, Jerry Huckelberry, Tony James, Joshua Jaynes, Louisville/Jefferson County Metro Government, Jonathan Mattingly, Michael Nobles, Luke Phan (Attachments: #1 Proposed Order, #2 Exhibit A to Proposed Order) (Brammell, William)
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Filing 72
TEXT ORDER by Magistrate Judge Lanny King: The Telephonic Status Conference was held on 06/27/2022. Plaintiff's [Docket Number 70] Motion to Compel is DENIED without prejudice for failure to comply with the Scheduling Order. [Docket Number 52]. Individual Louisville Metro defendants shall respond to the outstanding written discovery requests within 45 days of entry of this order. Parties are to meet and confer regarding any discovery disputes, and make their best efforts to narrow the disputes as much as possible prior to next conference. A Telephonic Status Conference is scheduled for 10/11/2022 at 10:30 a.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/31)(cc: counsel) (MHB)
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Filing 71
NOTICE of Filing Proposed Order on Plaintiff's Motion to Compel by Kenneth Walker, III re #70 MOTION to Compel (Attachments: #1 Proposed Order) (Garrett, Ruby)
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Filing 70
MOTION to Compel by Plaintiff Kenneth Walker, III (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Garrett, Ruby) (Additional attachment(s) added on 6/27/2022: #4 Proposed Order) (DLW).
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Filing 69
NOTICE to Take Deposition of FedEx Ground Records Custodian by Joshua Jaynes. (Dilbeck, James)
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Filing 68
NOTICE of intent to serve non-party subpoena by Joshua Jaynes (Dilbeck, James)
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Filing 67
TEXT ORDER by Magistrate Judge Lanny King on 05/24/2022. Upon request of plaintiff's counsel and by agreement of opposing counsel, the Telephonic Status Conference scheduled for 06/13/2022 is continued to 6/27/2022 at 4:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
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Filing 66
TEXT ORDER by Magistrate Judge Lanny King on 05/23/2022. At the request of counsel for the defendant, the Telephonic Status Conference scheduled for today, 5/23/2022, is CANCELLED. The Telephonic Status Conference is rescheduled for 6/13/2022 at 3:00 p.m. Eastern Time (2:00 p.m. Central Time) before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB)
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Filing 65
RULE 26 INITIAL DISCLOSURE STATEMENT by Brett Hankison. (Piekarski, Matthew)
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Filing 64
NOTICE to Take Deposition of Records Custodian for USPS by Joshua Jaynes. (Dilbeck, James)
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Filing 63
NOTICE to Take Deposition of Records Custodian United Postal Service by Joshua Jaynes. (Dilbeck, James)
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Filing 62
NOTICE to Take Deposition of Records Custodian for FedEx by Joshua Jaynes. (Dilbeck, James)
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Filing 61
NOTICE to Take Deposition of Records Custodian for DHL Express by Joshua Jaynes. (Dilbeck, James)
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Filing 60
NOTICE to Take Deposition of Records Custodian for Amazon.com Services by Joshua Jaynes. (Dilbeck, James)
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Filing 59
NOTICE of intent to serve non-party subpoena by Joshua Jaynes (Dilbeck, James)
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Filing 58
ANSWER to #1 Complaint with Jury Demand by Brett Hankison. (Piekarski, Matthew)
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Filing 57
ANSWER to #1 Complaint with Jury Demand by Michael Campbell, Kelly Goodlett, Shawn Hoover, Tony James, Louisville/Jefferson County Metro Government, Michael Nobles. (Walker, Kristie)
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Filing 56
ANSWER to #1 Complaint with Jury Demand by Myles Cosgrove, Jonathan Mattingly. (Brammell, William)
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Filing 55
RULE 26 INITIAL DISCLOSURE STATEMENT by Joshua Jaynes. (Dilbeck, James)
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Filing 54
ANSWER to #1 Complaint by Joshua Jaynes. (Dilbeck, James)
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Filing 53
TEXT ORDER by Magistrate Judge Lanny King on 02/24/2022. IT IS HEREBY ORDERED that Item 3 of the Scheduling Order #52 is modified as follows: The parties shall complete all Fact Discovery, including any depositions, no later than 2/17/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
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Filing 52
SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Status Conference held on 2/14/2022. Rule 26(a)(1) Disclosure due by 3/8/2022. Amended Pleadings/Joinder of Parties due by 8/15/2022. Fact Discovery due by 2/17/2022. Expert Witness (Plaintiff) due by 3/31/2023. Expert Witness (Defendant) due by 5/26/2023. Expert Discovery due by 7/21/2023. Dispositive/Daubert Motions due by 9/15/2023. Telephonic Status Conference set for 5/23/2022 at 2:30 PM before Magistrate Judge Lanny King. Counsel for the parties may connect to the telephonic status conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: counsel (JM)
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Filing 51
MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 2/1/2022: Defendant Hankison's #27 -1 motion to dismiss is DENIED. Defendant Jaynes's #29 -1 motion to dismiss is DENIED. The #30 -1 motion to dismiss of Defendants Mattingly and Cosgrove is DENIED. The Metro defendants' #31 -1 motion to dismiss is GRANTED in part and DENIED in part. It is GRANTED as to Defendants Huckelberry, Phan, and Burbrink on Count I. It is DENIED as to Goodlett on Count I; Hoover, James, Nobles, and Campbell on Counts II and III; and Louisville/Jefferson County Metro Government on Count IV. The Clerk of Court is DIRECTED to terminate Lieutenant Jerry Huckelberry, Sergeant Luke Phan, and Major Kimberly Burbrink as defendants in the record of this matter. cc: Counsel (DLW)
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Filing 50
Order for proceedings held before Magistrate Judge Lanny King: Telephone Conference held on 12/6/2021.Telephonic Rule 16 Scheduling Conference is continued to 2/14/2022 at 9:30 AM before Magistrate Judge Lanny King. Discovery is STAYED. cc:counsel (KJA)
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Filing 49
Revised REPORT of Rule 26(f) Planning Meeting by Kenneth Walker, III. (Garrett, Ruby)
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Filing 48
ORDER Signed by Magistrate Judge Lanny King on 10/26/2021: The #47 motion for Mr. Burke and Ms. Neal to withdraw as counsel is GRANTED. They shall be removed from the service list. cc: Counsel (DLW)
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Filing 47
MOTION for Kevin C. Burke and Jamie K. Neal to Withdraw as Attorneys (Continue to receive notice: No) by Plaintiff Kenneth Walker, III (Attachments: #1 Proposed Order) (Neal, Jamie)
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Filing 46
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Lanny King on 10/1/2021. Telephonic Scheduling Conference set for 12/6/2021 at 12:00 PM before Magistrate Judge Lanny King. Counsel for the parties shall connect to the conference by dialing Toll Free Meeting Number 1-877-848-7030 and entering Access Code 7238577#. cc: Counsel (SMJ)
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Filing 45
TEXT ORDER by Judge David J. Hale on 9/30/2021; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Lanny King, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge King is further authorized to 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 (NWT)
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Filing 44
Joint REPORT of Rule 26(f) Planning Meeting by Kenneth Walker, III. (Garrett, Ruby)
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Filing 43
NOTICE of Appearance by Katherine T. Watts on behalf of Brett Hankison (Watts, Katherine)
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Filing 42
NOTICE of Appearance by Matthew A. Piekarski on behalf of Brett Hankison (Piekarski, Matthew)
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Filing 41
REPLY to Response to Motion re #27 MOTION to Dismiss Parallel Federal Action and Alternative Motion to Stay filed by Brett Hankison. (Petitt, Carol)
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Filing 40
REPLY to Response to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kimberly Burbrink, Michael Campbell, Kelly Goodlett, Shawn Hoover, Jerry Huckelberry, Tony James, Louisville/Jefferson County Metro Government, Michael Nobles, Luke Phan. (Walker, Kristie)
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Filing 39
REPLY to Response to Motion re #30 Joint MOTION to Dismiss filed by Myles Cosgrove, Jonathan Mattingly. (Brammell, William)
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Filing 38
ORDER Signed by Judge David J. Hale on 7/7/2021 granting #36 Motion for Extension of Time to File Response/Reply: Defendants shall have through and including 7/20/2021 to file Defendants' respective Replies to Plaintiff's Response to Defendants' various Motions to Dismiss. cc: Counsel (DLW)
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Filing 37
REPLY to Response to Motion re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Jaynes. (Dilbeck, James)
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Filing 36
MOTION for Extension of Time to File Response/Reply by Defendant Brett Hankison (Attachments: #1 Proposed Order) (Petitt, Carol)
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Filing 35
RESPONSE to Motion re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #27 MOTION to Dismiss Parallel Federal Action and Alternative Motion to Stay, #30 Joint MOTION to Dismiss filed by Kenneth Walker, III. (Garrett, Ruby)
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Filing 34
ORDER Signed by Judge David J. Hale on 6/1/2021: Walker's #33 motion for leave file a combined response to the four pending motions to dismiss is GRANTED. Walker's combined response shall be no longer than 70 pages, and the response shall clearly distinguish the arguments so that each motion is properly addressed. cc: Counsel (DLW)
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Filing 33
Unopposed MOTION for Leave to Combine Response to MTD by Plaintiff Kenneth Walker, III (Attachments: #1 Proposed Order) (Moore, Frederick)
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Filing 32
AGREED ORDER GRANTING MOTION FOR EXTENSION OF TIME Signed by Judge David J. Hale on 5/19/2021 granting #28 Motion for Extension of Time. The parties shall adhere to the following briefing schedule: Defendants shall file a motion to dismiss (or otherwise respond to Plaintiff's Complaint) on or before 5/18/2021, Plaintiff shall file an opposition, if any, on or before 6/16/2021, and Defendants shall file a reply, if any, on or before 6/30/2021. cc: Counsel (DLW)
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kimberly Burbrink, Michael Campbell, Kelly Goodlett, Shawn Hoover, Jerry Huckelberry, Tony James, Louisville/Jefferson County Metro Government, Michael Nobles, Luke Phan (Attachments: #1 Memorandum in Support, #2 Exhibit A - Original Pleadings, #3 Exhibit B - Amended Pleadings, #4 Exhibit C - Letter/Motion to Transfer, #5 Proposed Order) (Walker, Kristie)
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Filing 30
Joint MOTION to Dismiss by Defendants Myles Cosgrove, Jonathan Mattingly (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Amended Complaint, #4 Exhibit B - Search Warrant) (Wicker, Kent)
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Filing 29
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Joshua Jaynes (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4) (Dilbeck, James)
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Filing 28
Unopposed MOTION for Extension of Time to File Response/Reply by Plaintiff Kenneth Walker, III (Attachments: #1 Proposed Order) (Moore, Frederick)
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Filing 27
MOTION to Dismiss Parallel Federal Action and Alternative Motion to Stay by Defendant Brett Hankison (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E) (Petitt, Carol)
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Filing 26
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Brett Hankison waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 25
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Tony James waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 24
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Shawn Hoover waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 23
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Michael Nobles waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 22
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Michael Campbell waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 21
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Luke Phan waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 20
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Louisville/Jefferson County Metro Government waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 19
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Kimberly Burbrink waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 18
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Kelly Goodlett waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 17
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Jerry Huckelberry waiver sent on 3/16/2021, answer due 5/17/2021. (Moore, Frederick)
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Filing 16
ATTORNEY NOTICE of Deficiency to Frederick W. Moore, III re #1 Complaint.Reason for Deficiency: Attorney not registered to file/receive documents electronically. Failure to comply will be brought to the attention of the Court. Response due by 5/7/2021. (KJA)
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Filing 15
TEXT ORDER Signed by Judge David J. Hale on 4/20/2021 granting #7 Motion for Clifford M. Sloan to Appear Pro Hac Vice; granting #9 Motion for Ruby J. Garrett to Appear Pro Hac Vice; granting #10 Motion for Donald B. Verrilli, Jr. to Appear Pro Hac Vice; granting #11 Motion for Brendan B. Gants to Appear Pro Hac Vice; granting #12 Motion for Dila Mignouna to Appear Pro Hac Vice; granting #13 Motion for Jacob S. Kreilkamp to Appear Pro Hac Vice; granting #14 Motion for Robyn K. Bacon to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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Filing 14
MOTION for Robyn K. Bacon to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3317018 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 13
MOTION for Jacob S. Kreilkamp to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3316999 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 12
MOTION to Appear Pro Hac Vice of Dila Mignouna, Filing fee $125, receipt number 0644-3316990 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 11
MOTION for Brendan B. Gants to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3316975 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 10
MOTION for Donald B. Verrilli, Jr. to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3316968 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 9
MOTION for Ruby J. Garrett to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3316958 by Plaintiff Kenneth Walker, III (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 8
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Joshua Jaynes waiver sent on 3/16/2021, answer due 5/17/2021. (Green, Abigale)
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Filing 7
MOTION for Clifford M. Sloan to Appear Pro Hac Vice, Filing fee $125, receipt number 0644-3316809 by Plaintiff Kenneth Walker, III (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Green, Abigale)
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Filing 6
NOTICE of Appearance by Kent Wicker on behalf of Myles Cosgrove, Jonathan Mattingly (Wicker, Kent)
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Filing 5
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Jonathan Mattingly waiver sent on 3/16/2021, answer due 5/17/2021. (Green, Abigale)
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Filing 4
WAIVER OF SERVICE Returned Executed by Kenneth Walker, III. Myles Cosgrove waiver sent on 3/16/2021, answer due 5/17/2021. (Green, Abigale)
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Filing 3
Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons Burbrink, #2 Summons Campbell, #3 Summons Cosgrove, #4 Summons Goodlett, #5 Summons Hankison, #6 Summons Hoover, #7 Summons Huckleberry, #8 Summons James, #9 Summons Jaynes, #10 Summons Mattingly, #11 Summons Nobles, #12 Summons Phan, #13 Summons Unnamed Agents of LMPD) (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
COMPLAINT against All Defendants (Filing fee $ 402, receipt number 0644-3304651) filed by Kenneth Walker, III. (Attachments: #1 Cover Sheet) (ALS)
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