Chaney v. Town of Simmesport et al
| Coleretha Chaney |
| Glenn Hall, Town of Simmesport, John Doe and Simmesport Police Dept |
| 1:2021cv03781 |
| October 26, 2021 |
| US District Court for the Western District of Louisiana |
| David C Joseph |
| Joseph H L Perez-Montes |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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Filing 44
SCHEDULING ORDER: Jury Trial set for 1/9/2023 09:00 AM in Alexandria, 2nd floor before Judge David C Joseph. Pretrial Conference set for 12/13/2022 10:00 AM in chambers before Judge David C Joseph. Joinder of Parties and Amendment of Pleadings due by 6/16/2022. Initial Disclosures exchanged by 6/16/2022. Plaintiffs Expert Info/Reports due by 7/18/2022. Defendants Expert Info/Reports due by 8/15/2022. Discovery deadline 9/14/2022. Dispositive Motions due by 9/14/2022. Daubert Motions due by 9/14/2022. Motions in Limine due by 11/28/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 11/14/2022. Pretrial Order due by 12/6/2022. Trial Depositions due by 12/6/2022. Bench Books due by 1/3/2023. Real Time glossary due by 1/3/2023. Signed by Judge David C Joseph on 12/15/2021. (crt,Roaix, G)
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| Filing 43 MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: SCHEDULING CONFERENCE held on 12/14/2021. Attorney Jason Reed appears by video. Plaintiff fails to appear. A THREE DAY Jury Trial is set for 1/9/2023 at 9:00 AM in Alexandria, Federal Building, 2nd floor courtroom, as a 1st Setting, before Judge David C. Joseph. A Pretrial Conference is set for 12/13/2022 at 10:00 AM, in chambers, before Judge David C. Joseph. (crt,Tice, Y) |
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Filing 42
ELECTRONIC MINUTE ENTRY: Counsel for Plaintiff has failed to appear for today's conference as ordered. In addition, it appears counsel for Plaintiff refused to confer to submit a joint Rule 26(f) report, as ordered, and instead chose to file a separate document. And mail sent to the offices of one of Plaintiff's attorneys is being ignored. By separate order, the Court will set a pretrial schedule to avoid further delay. The record already reflects a concerning pattern. Counsel for Plaintiff will update all office addresses with the Clerk of Court, and will strictly comply with all future orders from the Court, including all orders to attend conferences. Any additional noncompliance or noncooperation by Plaintiffs counsel may warrant procedural intervention by the Court, the imposition of sanctions against Plaintiff's counsel, or both. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 12/14/2021. (crt,Tice, Y)
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| Filing 41 Joint Rule 26(f) Report by Coleretha Chaney, Glenn Hall, Town of Simmesport . (aty,Johnson, Willie) Modified on 12/14/2021 to modify docket text and add filers. (Crick, S). |
| Filing 40 RULE 26(f) Report by Glenn Hall, Town of Simmesport . (aty,Reed, Jason) |
| Filing 39 MAIL RETURNED as Undeliverable: Sophia J Riley, P O Box 84301, Baton Rouge, LA 70884, re: 34 Minute Entry returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Crick, S) |
| Filing 38 MAIL RETURNED as Undeliverable: Sophia J Riley, P O Box 84301, Baton Rouge, LA 70884, re: #33 Transfer Order returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Crick, S) |
| Filing 37 MAIL RETURNED as Undeliverable: Sophia J Riley, P O Box 84301, Baton Rouge, LA 70884, re: Notice of Corrective Action, returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Crick, S) |
| Filing 36 MAIL RETURNED as Undeliverable: Sophia J Riley, P O Box 84301, Baton Rouge, LA 70884, re: #31 Order on Motion for Extension of Time to Answer returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Crick, S) |
| Filing 35 MAIL RETURNED as Undeliverable: Sophia J Riley, P O Box 84301, Baton Rouge, LA 70884, re: #28 Order on Motion for Extension of Time to Answer returned marked: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (crt,Crick, S) |
| Filing 34 ELECTRONIC MINUTE ENTRY: A Scheduling Conference is set for 12/14/2021 at 3:00 p.m. before the undersigned via video-teleconference to set a pretrial conference and trial dates. All attendance at this hearing will be by video teleconference. A separate email will be sent to counsel of record in advance of the hearing.The parties shall exchange initial disclosures and file a Rule 26f report into the record (fillable form on website www.lawd.uscourts.gov under Judge David C. Joseph forms) on or before 12/07/2021. At the conference, the parties will be prepared to discuss the status of and upcoming steps in the case, and potential trial and pretrial conference dates. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 11/16/2021. (crt,Tice, Y) |
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Filing 33
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/16/2021. (crt,Crick, S)
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| Filing 32 ANSWER to #1 Complaint, by Glenn Hall, Town of Simmesport.(aty,Reed, Jason) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to Answer re #1 Complaint. Town of Simmesport answer due 11/23/2021. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 11/9/2021. (crt,Tice, Y)
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| Filing 30 MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Town of Simmesport. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 11/5/2021. (Attachments: #1 Proposed order)(aty,Reed, Jason) |
| NOTICE of Corrective Action to Jason Thomas Reed on behalf of Town of Simmesport regarding #29 MOTION for Extension of Time to File Answer with consent sought but not yet obtained . Action taken: Terminated #29 Motion for Extension. #30 Motion for Extension resubmitted. (crt,Crick, S) |
| Filing 29 FILED IN ERROR. MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Town of Simmesport. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 11/3/2021. (Attachments: #1 Proposed order)(aty,Reed, Jason) Modified on 11/5/2021 to indicate filed in error. (Crick, S). |
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Filing 28
ORDER granting #19 Motion for Extension of Time to Answer re #1 Complaint. Glenn Hall answer due 11/23/2021. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 11/2/2021. (crt,Tice, Y)
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| Filing 27 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 10/27/2021. (crt,Crick, S) |
| Filing 26 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:21-cv-00190. Original file copy of transfer order and docket sheet received |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. (crt,Crick, S) |
| Motions Transferred regarding #19 Motion for Extension of Time to File Answer. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Crick, S) |
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Filing 25
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (NLT) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 24 RULING: The #13 Motion to Dismiss or Transfer for Improper Venue and Request for Extension to Answer by the Town of Simmesport and the #19 Motion to Dismiss or Transfer for Improper Venue and Request for Extension to Answer by Glenn Hall are hereby GRANTED and this action transferred to the United States District Court for the Western District of Louisiana. Defendants are granted an extension of time to file an answer, with new deadlines to be set by the transferee court. Signed by Chief Judge Shelly D. Dick on 10/26/2021. (NLT) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 23 RESPONSE to #20 Memorandum in Opposition to #13 Motion to Dismiss or Transfer for Improper Venue filed by Glenn Hall, Town of Simmesport. (Reed, Jason) Modified on 10/13/2021 to edit the text and create docket relationships (NLT). [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 22 Notice to Counsel: The Scheduling Conference set for 10/7/2021 is CANCELED pending resolution of the Motions to Transfer. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 21 STATUS REPORT by All Plaintiffs. (Johnson, Willie) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 20 MEMORANDUM in Opposition to #13 First MOTION to Dismiss or Transfer for Improper VenueFirst MOTION for Extension of Time to File Answer filed by All Plaintiffs. (Johnson, Willie) Modified on 10/1/2021 to edit the text (NLT).[Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 19 MOTION to Dismiss , MOTION to Transfer Case to , MOTION for Extension of Time to File Answer by Glenn Hall. (Attachments: #1 Memorandum in Support)(Reed, Jason) [Transferred from Louisiana Middle on 10/27/2021.] Modified on 10/27/2021 to reopen the motion for extension of time to answer per the transfer order reflecting new deadlines to answer to be set by the transferee court (Reeves, T). |
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Filing 18
ORDER finding as moot #14 MOTION to Substitute Document Number 13 based on Rec. Doc. 15. filed by Town of Simmesport. Signed by Chief Judge Shelly D. Dick on 8/20/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 10/27/2021.]
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Filing 17
ORDER granting #15 Amended MOTION to Substitute Record Document No. 13 filed by Town of Simmesport. Signed by Chief Judge Shelly D. Dick on 8/20/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 16 SUMMONS Returned Executed by Coleretha Chaney. Glenn Hall served on 8/6/2021, answer due 8/27/2021. (Johnson, Willie) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 15 Amended MOTION to Substitute Record Document No. 13 by Town of Simmesport. (Attachments: #1 Attachment TOWN OF SIMMESPORTS MOTION TO DISMISS OR TRANSFER FOR IMPROPER VENUE AND REQUEST FOR EXTENSION TO ANSWER, #2 Attachment TOWN OF SIMMESPORTS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS OR TRANSFER FOR IMPROPER VENUE AND REQUEST FOR EXTENSION TO ANSWER, #3 Attachment ORDER ON TOWN OF SIMMESPORTS AMENDED MOTION TO SUBSTITUTE PLEADING RECORD DOCUMENT 13)(Ortte, Christopher) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 14 MOTION to Substitute Document Number 13 by Town of Simmesport. (Attachments: #1 Memorandum in Support, #2 Attachment Proposed Order)(Reed, Jason) Modified on 8/12/2021 to edit text (LLH). [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 13 First MOTION to Dismiss or Transfer for Improper Venue, First MOTION for Extension of Time to File Answer by Town of Simmesport. (Reed, Jason) ( #1 Memorandum in Support, #2 Order) . Modified on 8/23/2021 to replace document as per Order #17 (LLH). [Transferred from Louisiana Middle on 10/27/2021.] |
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Filing 12
ORAL ORDER granting Oral Motion for Extension of time to serve Defendants. Plaintiff's shall file proper service information into the record as to all Defendants by 8/26/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 7/26/2021. (LLH) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 11 Minute Entry/SHOW CAUSE HEARING REPORT AND ORDER for proceedings held before Magistrate Judge Erin Wilder-Doomes: Show Cause Hearing held on 7/26/2021 by video conferencing. Plaintiff's ORAL MOTION for an extension of time to serve Defendants is GRANTED. Plaintiff shall file proper service information into the record as to all Defendants no later than 8/26/2021. Status Report due by 9/23/2021. Scheduling Conference set for 10/7/2021 at 10:30 AM in chambers. (LLH) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 10 SUMMONS Returned Executed by Coleretha Chaney . Town of Simmesport served on 7/19/2021, answer due 8/9/2021. (Johnson, Willie) Modified on 7/20/2021 to edit the text (SWE). Modified to edit text on 7/22/2021 (BLR). [Transferred from Louisiana Middle on 10/27/2021.] |
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Filing 9
ORDER: The Status Report (R. Doc. 8 ) filed by plaintiff Coleretha Chaney is hereby STRICKEN from the record. As per the #3 Scheduling Conference Order, no party may submit a separate status report without first obtaining leave of court for good cause shown. Signed by Magistrate Judge Erin Wilder-Doomes on 7/12/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 8 STRICKEN FROM THE RECORD STATUS REPORT by Coleretha Chaney. (Johnson, Willie) Modified on 7/13/2021 to remove document as it has been stricken by Order #9 (LLH). [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 7 Notice to Counsel: In light of the #6 Order to Show Cause, the Scheduling Conference is set for 7/22/20 is CANCELED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 10/27/2021.] |
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Filing 6
ORDER TO SHOW CAUSE: Through counsel, plaintiff shall appear via Zoom on July 26, 2021 at 10:00 a.m. to show cause as to why the claims against all defendants should not be dismissed pursuant to Fed. R. Civ. Proc. 4(m) and/or Local Civil Rules 41(b)(1)(A) and/or (B) as there is no service information in the record as to any defendant, nor has any defendant appeared. Any written show cause response must be filed by no later than July 21, 2021. Zoom participant instructions attached. Signed by Magistrate Judge Erin Wilder-Doomes on 7/12/2021. (BLR) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 5 Notice to Counsel: In light of all defendants having not made an appearance, the Scheduling Conference is reset for 7/22/2021 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) [Transferred from Louisiana Middle on 10/27/2021.] |
| Filing 4 Notice of Civil Cover Sheet by All Plaintiffs. (Attachments: #1 Attachment)(Johnson, Willie). Modified on 5/3/2021 to replace Main Document 4 to flatten the document and to edit the docket text (KMW). [Transferred from Louisiana Middle on 10/27/2021.] |
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Filing 3
ORDER: Scheduling Conference set for 6/10/2021 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 5/27/2021.. Signed by Magistrate Judge Erin Wilder-Doomes on 4/13/2021. (KMW) [Transferred from Louisiana Middle on 10/27/2021.]
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Filing 2
NOTICE AND ORDER: A review of the #1 Complaint filed indicates that it is not in compliance with Local Civil Rule 10(a)(3). Plaintiff shall file into the record a completed and executed Civil Cover Sheet by no later than 4/16/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 4/13/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) [Transferred from Louisiana Middle on 10/27/2021.]
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| Filing 1 COMPLAINT against John Doe, Glenn Hall, Simmesport Police Dept, Town of Simmesport.( Filing fee $ 402 receipt number ALAMDC-2270815.), filed by Coleretha Chaney.(Johnson, Willie) [Transferred from Louisiana Middle on 10/27/2021.] Modified on 10/27/2021 to modify docket text. (Crick, S). |
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