Sanford v. Kirst et al
| Jeffry L Sanford |
| Joshua Kirst, Sgt. H. Allen, City of Baton Rouge and H. Allen |
| 3:2021cv00347 |
| June 16, 2021 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Richard L Bourgeois |
| John W deGravelles |
| Erin Wilder-Doomes |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 38
JUDGMENT in favor of Defendants Joshua Kirst, Herbert Allen, and the City of Baton Rouge, and against Plaintiff Jeffry L. Sanford. FURTHER Plaintiffs federal law claims on which summary judgment is granted are hereby DISMISSED WITH PREJUDICE, and his state law claims, which the Court declines to exercise supplemental jurisdiction over, are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 06/16/2023. (KDC)
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Filing 37
RULING AND ORDER granting #15 Motion for Summary Judgment. All federal claims asserted against Defendants are DISMISSED WITH PREJUDICE. The Court declines to exercise supplemental jurisdiction over the state law claims and dismisses these claims without prejudice. All pending deadlines, including the pretrial conference and trial, are CANCELLED. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 06/16/2023. (KDC)
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Filing 36
Notice to Counsel: The Court's order (Doc. 35) reset the pretrial conference in this matter for October 4, 2023. Therefore, the pretrial conference set for 7/6/2023 is canceled. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 35
ORDER: Due to a scheduling conflict, the following deadlines are reset: Motions In Limine shall be filed by 9/22/2023. Affidavit of Settlement Efforts due by 9/6/2023. Pretrial Conference set for 10/4/2023 at 01:00 PM in by video before Judge John W. deGravelles. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 10/2/2023. A 3-day Jury Trial set for 10/23/2023 at 09:00 AM in Courtroom 1. The jury trial set for 7/17/2023 is canceled. Signed by Judge John W. deGravelles on 5/23/2023. (LLH)
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Filing 34
Proposed Pretrial Order (joint) by Jeffry L Sanford (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Long, Joseph)
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Filing 33
Notice to Counsel: Pretrial Conference set for 5/18/2023 is continued and reset for 7/6/2023 at 1:00 PM by zoom before Judge John W. deGravelles. The deadline for filing the Pretrial Order remains set for 5/4/2023. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 32
REPLY in Support of #15 MOTION for Summary Judgment filed by H. Allen, City of Baton Rouge, Joshua Kirst. (Attachments: #1 Reply to Plaintiff's Response to SUMF, #2 Exhibit Attachment to Reply to Plaintiff's Response to SUMF - correspondence of counsel)(Scott, Joseph) (Attachment 2 replaced on 4/10/2023) (ELW). Modified on 4/10/2023 to correct page orientation (ELW).
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Filing 31
ORDER granting #30 Motion to Withdraw #14 MOTION in Limine. Defendants' #14 Motion in Limine shall be struck and withdrawn as moot. Signed by Judge John W. deGravelles on 04/07/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 30
Unopposed MOTION to Withdraw #14 MOTION in Limine (Daubert Motion) by H. Allen, City of Baton Rouge, Joshua Kirst (Scott, Joseph)
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Filing 29
ORDER granting #28 Motion for Extension of Time until 4/7/2023 to File Reply to Opposition to Summary Judgment. Signed by Judge John W. deGravelles on 03/09/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 28
Unopposed MOTION for Extension of Time to File Reply to Opposition to Summary Judgment by H. Allen, City of Baton Rouge, Joshua Kirst (Scott, Joseph)
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Filing 27
Exhibit(s) to #25 Memorandum in Opposition to,, by Jeffry L Sanford. (Attachments: #1 Exhibit _1_Recorded 911 call from Susan Sanford(ex-wife), #2 Exhibit _2_Bodycam video of Kirst, #3 Exhibit _3_15-1 MIS to D's MSJ, #4 Exhibit _4_20- 1 Ex. A - Deposition J. Kirst, #5 Exhibit _5_Police report from State's Discovery Answers, #6 Exhibit _6_20- 6 Ex. B-1 - Allen Depo. Depo. Exhibit dispatch remarks, #7 Exhibit _7_Bodycam video of Allen, #8 Exhibit _8_20-14 Ex. I - 30(b)(6) Deposition BRPD, #9 Exhibit _9_Sanford Affidavit Stamped, #10 Exhibit _10_20- 8 Ex. F - Depo of Jeffry Sanford, #11 Exhibit _11_20-16 Ex. K -BRPD General Order 135, #12 Exhibit _12_20- 5 Ex. B - Depo of Herbert Allen, #13 Exhibit _13_20- 3 Ex. A-2 - Exhibit minute entry 19th JDC)(Long, Joseph)
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Filing 26
Notice of Deficiency with Administrative Procedure III(A)(1) as to #25 Memorandum in Opposition to, Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (ELW)
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Filing 25
MEMORANDUM in Opposition to #15 MOTION for Summary Judgment filed by Jeffry L Sanford. (Attachments: #1 Attachment Responses to Statement of Facts, #2 Exhibit List, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Long, Joseph) Modified on 3/2/2023 to edit the text (NLT).
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Filing 24
ORDER granting #23 Motion for Extension of Time until 2/24/2023 to File Response to #15 MOTION for Summary Judgment . Any replies are due by 3/10/2023. Signed by Judge John W. deGravelles on 01/26/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 23
Unopposed MOTION for Extension of Time to File Response to #15 MOTION for Summary Judgment by All Plaintiffs (Long, Joseph) Modified on 1/25/2023 to edit text (ELW).
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Filing 22
NOTICE of Conventionally Filed Document by H. Allen, City of Baton Rouge, Joshua Kirst re #20 Additional Exhibit to Motion for Summary Judgment and #15 MOTION for Summary Judgment. (EDC)
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Filing 21
NOTICE OF Certification of Meet and Confer by H. Allen, City of Baton Rouge, Joshua Kirst re #14 MOTION in Limine (Daubert Motion) (Scott, Joseph)
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Filing 20
Additional Exhibits to #15 MOTION for Summary Judgment by H. Allen, City of Baton Rouge, Joshua Kirst. filed by H. Allen, City of Baton Rouge, Joshua Kirst. (Attachments: #1 Deposition J. Kirst, #2 Kirst Depo. Exhibit consent judgment, #3 Kirst Depo. Exhibit minute entry 19th JDC, #4 Kirst Depo. Exhibit photos of Sanford, #5 Deposition Herbert Allen, #6 Allen Depo. Depo. Exhibit dispatch remarks, #7 CAD Remarks, #8 Deposition Jeffry Sanford, #9 Sanford Depo. Exhibit Redacted Medical Records, #10 Sanford Depo. Exhibit Photo/Screen Capture 1, #11 Sanford Depo. Exhibit Photo/Screen Capture 2, #12 Sanford Depo. Exhibit Photo/Screen Capture 3, #13 Sanford Depo. Exhibit Photo/Screen Capture 4, #14 30(b)(6) Deposition BRPD, #15 BRPD General Order 319, #16 BRPD General Order 135, #17 BRPD General Order 206)(Scott, Joseph)
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Filing 19
ORDER granting in part and denying in part #18 MOTION for Leave to file exhibits conventionally. Defendants may file all video and audio recordings conventionally. Any and all PDF Exhibits listed in Defendants' Motion shall be filed into the record as an attachment to Motion for Summary Judgment (Doc. 15). In addition, counsel is also required to upload the conventional exhibits in electronic format using the Court's Electronic Evidence Online submission tool through CM/ECF. The instructions for using evidence online submission can be found by using the following link to JERS web page: http://www.lamd.uscourts.gov/JERS.. Signed by Judge John W. deGravelles on 01/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 18
MOTION for Leave to file exhibits conventionally by H. Allen, City of Baton Rouge, Joshua Kirst (Scott, Joseph)
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Filing 17
NOTICE of Briefing Schedule on #14 MOTION in Limine (Daubert Motion) : Opposition to the motion shall be filed within 14 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 7 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. Within 48 hours of the filing of this motion, a notice shall be filed into the record certifying that a conference has been held stating that the parties have conferred in person or by telephone to discuss the concerns each has regarding the potential evidentiary matter that has been raised in this motion and that the issue could not be resolved amicably.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Replies due by 2/3/2023. (KDC)
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Filing 16
NOTICE of Briefing Schedule on #15 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC)
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Filing 15
MOTION for Summary Judgment by H. Allen, City of Baton Rouge, Joshua Kirst (Attachments: #1 Memorandum in Support, #2 Exhibit List, #3 Statement Uncontested Material Facts)(Scott, Joseph)
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Filing 14
MOTION in Limine (Daubert Motion) by H. Allen, City of Baton Rouge, Joshua Kirst (Attachments: #1 Memorandum in Support, #2 Exhibit List, #3 Exhibit Initial disclosures, #4 Exhibit Email notice, #5 Exhibit Answers to Rogs, #6 Exhibit Supplement disclosure, #7 Exhibit Expert designation)(Scott, Joseph)
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Filing 13
ORDER granting #12 Motion to Amend Scheduling Order. Discovery due by 7/15/2022. Plaintiff`s Expert Reports due by 8/12/2022. Defendant`s Expert Reports due by 9/21/2022. Discovery from Experts due by 12/21/2022. Dispositive and Daubert Motions shall be filed by 1/13/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/17/2022. (EDC)
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MOTION(S) REFERRED: #12 Second MOTION to Amend R.Doc. #11 . This motion is now pending before the USMJ. (ELW)
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Filing 12
Second MOTION to Amend R.Doc. #11 by Jeffry L Sanford. (Long, Joseph)
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Filing 11
ORDER granting #10 Motion to Extend Discovery Deadlines Discovery due by 5/15/2022. Plaintiff`s Expert Reports due by 6/21/2022. Defendant`s Expert Reports due by 8/21/2022. Discovery from Experts due by 10/21/2022. Motions shall be filed by 11/15/2022. Proposed Pretrial Order due by 5/4/2023. Motions In Limine shall be filed by 6/2/2023. Affidavit of Settlement Efforts due by 6/23/2023. Pretrial Conference set for 5/18/2023 at 01:30 PM in chambers before Judge John W. deGravelles. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 6/30/2023. A 3-day Jury Trial set for 7/17/2023 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/14/2022. (LLH) Modified on 2/23/2022 to replace document and update discovery deadline (LLH).
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Filing 10
Joint MOTION to Amend #9 Scheduling Order by Jeffry L Sanford. (Long, Joseph) Modified on 2/14/2022 to edit event (LLH).
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MOTION(S) REFERRED: #10 Joint MOTION to Amend #9 Scheduling Order. This motion is now pending before the USMJ. (ELW)
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Filing 9
SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. The scheduling conference set for 9/16/2021 is CANCELLED. Amended Pleadings due by 11/19/2021. F.R.C.P. 26(a)(1) disclosures due by 9/10/2021. Discovery due by 2/15/2022. Plaintiff`s Expert Witness List due by 11/1/2021. Defendant`s Expert Witness List due by 11/1/2021. Plaintiff`s Expert Reports due by 3/15/2022. Defendant`s Expert Reports due by 4/15/2022. Discovery from Experts due by 7/15/2022. Dispositive and Daubert Motions shall be filed by 8/15/2022. Proposed Pretrial Order due by 12/15/2022. Pretrial Conference set for 1/5/2023 at 03:30 PM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 2/2/2023. Affidavit of Settlement Efforts due by 3/2/2023. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 3/23/2023. Three day Jury Trial set for 4/4/2023 - 4/6/2023 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/9/2021. (EDC)
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Filing 8
Joint STATUS REPORT by Jeffry L Sanford. (Long, Joseph)
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Filing 7
WAIVER OF SERVICE Returned Executed by Jeffry L Sanford. H. Allen waiver sent on 7/9/2021, answer due 9/7/2021; Joshua Kirst waiver sent on 7/9/2021, answer due 9/7/2021. (Long, Joseph)
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Filing 6
Notice to Counsel: Considering this matter has been reassigned to Magistrate Judge Richard L. Bourgeois, Jr., the Scheduling Conference set for 9/16/2021 at 10:00 AM will be conducted before Magistrate Judge Richard L. Bourgeois Jr. by telephone. Counsel for Plaintiff shall initiate the call to all parties then contact the Court at 225-389-3602. A Joint Status Report remains due by 9/2/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Case Reassigned to Magistrate Judge Richard L. Bourgeois, Jr. Magistrate Judge Erin Wilder-Doomes no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (LLH)
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Filing 5
ANSWER to #1 Complaint for Damages Under 42 U.S.C. 1983 and Related Torts Under State Law, With Affirmative Defenses, with Jury Demand by H. Allen, City of Baton Rouge, Joshua Kirst.(Scott, Joseph) Modified on 7/8/2021 to edit the docket text (SWE).
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Filing 4
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/16/2021 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/2/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 6/22/2021. (EDC)
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Filing 3
SUMMONS Returned Executed by Jeffry L Sanford. City of Baton Rouge served on 6/17/2021, answer due 7/8/2021. (Long, Joseph)
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Filing 2
Summons Issued as to H. Allen, City of Baton Rouge, Joshua Kirst. (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)(EDC)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2302416.), filed by Jeffry L Sanford. (Attachments: #1 civil cover sheet, #2 Summons to BR City, #3 Summons to Joshua Kirst, #4 Summons to H. Allen)(Long, Joseph)
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