Smith v. McKesson et al
| John Doe Smith |
| #BlackLivesMatter, DeRay McKesson, Opal Tometi, Black Lives Matter, Alicia Garza, Black Lives Matter Network, Inc., Patrisse Cullors and Johnetta Elzie |
| 3:2017cv00429 |
| July 7, 2017 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Richard L Bourgeois |
| John W deGravelles |
| Brian A Jackson |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 59 MANDATE of USCA as to #55 Notice of Appeal to the USCA for the 5th Circuit, filed by John Doe Smith. The judgment of the District Court is affirmed. Each party bear its own costs on appeal. (KAH) |
| Filing 58 Electronic Access to the Record on Appeal is now available through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at #www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) |
| Record on Appeal Electronically Certified regarding #55 Notice of Appeal to the USCA for the 5th Circuit. US Court of Appeals notified of certification. (KAH) |
| Filing 57 USCA Case Number 17-30908 for #55 Notice of Appeal to the USCA for the 5th Circuit, filed by John Doe Smith. (KAH) |
| Filing 56 TRANSCRIPT REQUEST by John Doe Smith for proceedings held on none before Judge none, re #55 Notice of Appeal to the USCA for the 5th Circuit, (Grodner, Donna) |
| Filing 55 NOTICE OF APPEAL to the USCA for the 5th Circuit of #54 Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion for Miscellaneous Relief,, by John Doe Smith. Filing fee $ 505, receipt number 053N-1675736. (Grodner, Donna) |
Filing 54
RULING AND ORDER: IT IS ORDERED that the above-captioned matter is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Dismiss for Failure to State a Claim filed by DeRay McKesson (Doc. 37) is DENIED as MOOT. IT IS FURTHER ORDERED that the Motion to Dismiss for Failure to State a Claim filed by Johnetta Elzie (Doc. 38) is DENIED as MOOT. IT IS FURTHER ORDERED that the Motion to Proceed under Fictitious Names filed by Officer John Doe Smith (Doc. 2) is DENIED as MOOT. Signed by Chief Judge Brian A. Jackson on 10/27/2017. (PJH)
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Filing 53
ORDER granting #51 MOTION for Leave to Exceed the Page Limits and to Strike #47 Memorandum in Opposition and substitute new pleading in its place. Signed by Chief Judge Brian A. Jackson on 10/26/2017. (LLH)
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Filing 52
ORDER granting #50 MOTION for Leave to Exceed the Page Limits and to Strike #46 Memorandum in Opposition and substitute new pleading in its place. Signed by Chief Judge Brian A. Jackson on 10/26/2017. (LLH)
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| Filing 51 MOTION for Leave to Exceed the Page Limits and Motion to Strike #47 Memorandum in Opposition by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Grodner, Donna). Modified to edit the text and add Motion to Strike on 10/25/2017 (KAH). |
| Filing 50 MOTION for Leave to Exceed the Page Limits and Motion to Strike #46 Memorandum in Opposition by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Grodner, Donna). Modified to edit the text and add Motion to Strike on 10/25/2017 (KAH). |
| Filing 49 NOTICE OF NON-COMPLIANCE with LR 7(g) as to #47 Memorandum in Opposition to Motion #46 Memorandum in Opposition to Motion. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KAH) |
| Filing 48 RESPONSE TO #42 ORDER TO SHOW CAUSE filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Grodner, Donna) Modified to edit the text on 10/24/2017 (KAH). |
| Filing 47 MEMORANDUM in Opposition to #38 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Grodner, Donna) Modified on 10/26/2017 to substitute document as per Order #53 (LLH). |
| Filing 46 MEMORANDUM in Opposition to #37 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Grodner, Donna) Modified on 10/26/2017 to substitute document as per Order #52 (LLH). |
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Filing 45
ORDER: IT IS ORDERED that the Motion for Extension of Time to File Response to Motions to Dismiss (Doc. 41) and the Motion for Extension of Time to File Response to the Courts Order to Show Cause (Doc. 43) are GRANTED IN PART AND DENIED IN PART. IT IS ORDERED that Plaintiffs file a combined response to the pending motions to dismiss and the show cause order no later than October 23, 2017. IT IS FURTHER ORDERED that the Motion for Expedited Hearing on Motion for Extension of Time (Doc. 44) is DENIED. (PJH)
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| Filing 44 MOTION for Expedited Consideration of #43 MOTION for Extension of Time to File Response to RD 71 by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna) Modified on 10/13/2017 to edit text (ELW). |
| Filing 43 MOTION for Extension of Time to File Responsive Pleading All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna) Modified on 10/13/2017 to edit text (ELW). |
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Filing 42
ORDER TO SHOW CAUSE. IT IS ORDERED that PLAINTIFF JOHN DOE SMITH SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that this Order to Show Cause, and the facts contained herein, SHALL SERVE AS NOTICE of the Court's intention to dismiss this action sua sponte for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff shall submit a response, in writing, to this Order to Show Cause no later than October 13, 2017. Signed by Chief Judge Brian A. Jackson on 10/4/2017. (PJH)
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| Filing 41 MOTION for Extension of Time to File Response to #38 MOTION to Dismiss for Failure to State a Claim , #37 MOTION to Dismiss for Failure to State a Claim by John Doe Smith. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Grodner, Donna) |
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Filing 40
ORDER: Scheduling conference presently set for September 27,2017 is CANCELLED. Amended Pleadings due by 5/18/2018. F.R.C.P. 26(a)(1) disclosures due by 2/15/2018. Discovery due by 7/3/2018. Motions shall be filed by 11/15/2018. Pretrial Order due by 3/7/2019. Plaintiff`s Expert Witness List due by 8/1/2018. Defendant`s Expert Witness List due by 9/4/2018. Plaintiff`s Expert Reports due by 8/1/2018. Defendant`s Expert Reports due by 9/4/2018. Discovery from Experts due by 10/16/2018. Motions In Limine shall be filed by 4/4/2019. Affidavit of Settlement Efforts due by 4/25/2018. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 5/17/2019. Pretrial Conference set for 3/21/2019 at 02:30 PM in chambers before Chief Judge Brian A. Jackson. Jury Trial set for 6/3/2019 through 6/7/2019 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson AND Jury Trial set for 6/10/2019 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 09/19/2017. (ELW)
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| Filing 39 STATUS REPORT by All Plaintiffs. (Grodner, Donna) |
| Filing 38 MOTION to Dismiss for Failure to State a Claim by Johnetta Elzie. (Attachments: #1 Memorandum in Support)(Gibbens, William) |
| Filing 37 MOTION to Dismiss for Failure to State a Claim by DeRay McKesson. (Attachments: #1 Memorandum in Support)(Gibbens, William) |
| Filing 36 NOTICE of Certified Mail Receipt Returned on R. Ray Barnes, CEO/President of Black Lives Matter Foundation re #32 Order. (EDC) |
| Filing 35 SUMMONS Returned Executed by John Doe Smith. Johnetta Elzie served on 8/28/2017, answer due 9/18/2017. (Grodner, Donna) |
| Filing 34 SUMMONS Returned Executed by John Doe Smith. (Grodner, Donna) |
| Filing 33 SUMMONS Returned Executed by John Doe Smith. DeRay McKesson served on 8/26/2017, answer due 9/18/2017. (Grodner, Donna) |
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Filing 32
NOTICE and ORDER: The Clerk of Court shall provide this Notice and Order to R. Ray Barnes, CEO/President, Black Lives Matter Foundation, 19197 Golden Valley Road, Suite 313, Santa Clarita, CA 91387 by certified mail, return receipt requested. Signed by Magistrate Judge Erin Wilder-Doomes on 8/18/2017. (Attachments: #1 exhibit)(EDC)
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Filing 31
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/27/2017 at 10:00 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 9/14/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/10/2017. (JSL)
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Filing 30
ORDER granting #28 Motion for Extension of Time to Answer Johnetta Elzie answer due 9/5/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/10/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
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Filing 29
ORDER granting #27 Motion for Extension of Time to Answer DeRay McKesson's answer due 9/5/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/10/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
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| MOTION(S) REFERRED: #27 MOTION for Extension of Time to File Answer to #1 Complaint , #28 MOTION for Extension of Time to File Answer to #1 Complaint . This motion is now pending before the USMJ. (ELW) |
| Filing 28 EX Parte MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint by Johnetta Elzie. (Attachments: #1 Proposed Order)(Gibbens, William) Modified on 8/10/2017 to edit text (ELW). |
| Filing 27 EX Parte MOTION for Extension of Time to File Responsive Pleading to #1 Complaint by DeRay McKesson. (Attachments: #1 Proposed Order)(Gibbens, William) Modified on 8/10/2017 to edit text (ELW). |
| Filing 26 SUMMONS Returned Executed by John Doe Smith. #BlackLivesMatter served on 7/24/2017, answer due 8/14/2017; Black Lives Matter served on 7/24/2017, answer due 8/14/2017. (Grodner, Donna) |
| Motions No Longer Referred: #2 MOTION to proceed under Fictitious Names . This motion is now pending before the USDJ. (NLT) |
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Filing 25
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Brian A. Jackson and Magistrate Judge Richard L. Bourgeois, Jr. for all further proceedings. Judge John W. deGravelles, Magistrate Judge Erin Wilder-Doomes no longer assigned to case. Signed by Judge John W. deGravelles on 07/18/2017. (ELW)
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| Filing 24 SEALED Supplement to #2 MOTION to proceed under Fictitious Names filed by Plaintiffs. (LLH) |
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Filing 23
ORDER granting #15 Sealed Motion for Leave of Rule 5 to File Sealed Supplement. Signed by Magistrate Judge Erin Wilder-Doomes on 7/10/2017. (LLH)
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Filing 22
ORDER denying #21 MOTION for Denise A. Vinet to Withdraw as Attorney and Re-Enroll under new contact info. In accordance with the Court's Administrative Procedures for Filing Electronic Documents, an attorney whose e-mail address, mailing address, telephone or FAX number has changed shall timely file a notice of that change and serve a copy of the notice on all parties in actions in which they are involved. Additionally, any ECF Filer must also update his or her user account in the System. This update must be effected prior to the electronic filing of the Notice of Change of Address. Signed by Magistrate Judge Erin Wilder-Doomes on 7/10/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 21 MOTION for Denise A. Vinet to Withdraw as Attorney and Re-Enroll under new contact info by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) |
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Filing 20
ORDER granting #17 Motion to Withdraw and Substitute. The clerk's office is directed to replace R. Doc. 2 with R. Doc. 17-2. Signed by Magistrate Judge Erin Wilder-Doomes on 7/7/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 19 Summons Not Issued: Counsel has requested a duplication of a summons for Johnetta Elzie. The summons for Ms. Elzie is doc. no. 9 which was already issued. (EDC) |
| Filing 18 Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons, #2 summons, #3 summons, #4 summons, #5 summons, #6 summons, #7 summons, #8 summons)(EDC) |
| Filing 17 Motion to Withdraw and Substitute by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Grodner, Donna) Modified to edit text on 7/7/2017 (BLR). |
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Filing 16
ORDER granting #14 Motion to Strike #3 MOTION for Leave of Rule 5 to File Sealed Supplement. The clerk's office is directed to strike R. Doc. 3 from the record. Signed by Magistrate Judge Erin Wilder-Doomes on 7/7/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 15 SEALED MOTION for Leave of Rule 5 to File Sealed Supplement by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Affidavit)(Grodner, Donna) Modified to edit text on 7/7/2017 (BLR). |
| Filing 14 MOTION to Strike #3 MOTION for Leave to File Sealed Supplement to Mtn to Proceed by Fictitious Names by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) |
| Filing 13 Summons Submitted (Grodner, Donna) |
| Filing 12 Summons Submitted (Grodner, Donna) |
| Filing 11 Summons Submitted (Grodner, Donna) |
| Filing 10 Summons Submitted (Grodner, Donna) |
| Filing 9 Summons Submitted (Grodner, Donna) (Main Document 9 replaced on 7/7/2017) (EDC). Modified on 7/7/2017 to flatten document. (EDC). |
| Filing 8 Summons Submitted (Grodner, Donna) |
| Filing 7 Summons Submitted (Grodner, Donna) |
| Filing 6 Summons Submitted (Grodner, Donna) |
| Filing 5 Summons Submitted (Grodner, Donna) |
| Filing 4 Summons Submitted (Grodner, Donna) |
| Filing 3 MOTION for Leave to File Sealed Supplement to Mtn to Proceed by Fictitious Names by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) Modified on 7/7/2017 (LLH). Modified on 7/7/2017 to edit text (LLH). |
| Filing 2 MOTION to proceed under Fictitious Names by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna) |
| Filing 1 COMPLAINT for Damages Police Officer Shot Multiple Times against All Defendants ( Filing fee $ 400 receipt number 053N-1606020.), filed by John Doe Jones, John Doe Smith. (Attachments: #1 Attachment)(Grodner, Donna) |
| MOTION(S) REFERRED: #2 MOTION to proceed under Fictitious Names , #3 MOTION for Leave to File Sealed Supplement to Mtn to Proceed by Fictitious Names. This motion is now pending before the USMJ. (LLH) |
| MOTION(S) REFERRED: #17 MOTION to Withdraw and Substitute. This motion is now pending before the USMJ. (BLR) |
| MOTION(S) REFERRED: #15 SEALED MOTION for Leave to File supplement to RD 2 Under Seal , #14 MOTION to Strike #3 MOTION for Leave to File Sealed Supplement to Mtn to Proceed by Fictitious Names . This motion is now pending before the USMJ. (LLH) |
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