Lachney et al v. Ellington et al
| Terence Lachney, Joetta Lachney and Steven Joseph Lachney |
| Paul Ellington, Patrick Linder and City of Pineville |
| 1:2023cv01733 |
| December 7, 2023 |
| US District Court for the Western District of Louisiana |
| Jerry Edwards |
| Joseph H L Perez-Montes |
| Robert R Summerhays |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 AMENDED COMPLAINT against Paul Ellington, Patrick Linder, City of Pineville filed by Terence Lachney, Joetta Lachney, Steven Joseph Lachney.(Attorney Mary Katherine Beaird added to party Steven Joseph Lachney(pty:pla))(crt,Thomas, T) |
Filing 24
ORDER granting #21 Motion to Amend/Correct. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/2/2024. (crt,Thomas, T)
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| Set/Reset Deadlines as to #21 Motion to Amend/Correct. Motion Ripe Deadline set for 2/1/2024. (crt,Thomas, T) |
| Filing 23 CORRECTIVE DOCUMENT entitled Motion for Leave to File Amended Complaint filed by Joetta Lachney, Terence Lachney regarding #21 Motion to Amend/Correct Complaint for Damages. (aty,Beaird, Mary) |
| Filing 22 NOTICE of Deficiency to Mary Katherine Beaird on behalf of Joetta Lachney, Terence Lachney regarding #21 Motion to Amend/Correct. Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. Please refer to LR7.4.1, 7.6, or 7.9 for specific instructions regarding statements of consent. (crt,Thomas, T) |
| Filing 21 MOTION for Leave to File Amended Complaint for Damages with consent sought but not yet obtained by All Plaintiffs. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/1/2024. (Attachments: #1 Proposed Order for Leave, #2 Proposed Amended Complaint)(atty,Beaird, Mary) Modified to edit text, correct event type and to reflect deficient status on 2/1/2024 (Thomas, T). Modified on 2/2/2024 to remove deficient status and indicate consent statement filed within doc #23 (Thomas, T). |
| Motions Transferred regarding #7 MOTION to Dismiss For Failure to State a Claim. Motions referred to District Judge Jerry Edwards, Jr. (crt,Roaix, G) |
| Filing 20 REITERATED MOTION Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) re #7 MOTION to Dismiss For Failure to State a Claim and adopting #17 Motion to Dismiss For Failure to State a Claim by City of Pineville. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 1/29/2024. (Attachments: #1 Proposed order)(aty,Keiser, Randall) Modified to add docket entry relationship and edit docket text on 1/29/2024 (Thomas, T). |
| Motions Transferred regarding #20 REITERATED MOTION Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) re #7 MOTION to Dismiss For Failure to State a Claim and adopting #17 Motion to Dismiss For Failure to State a Claim. Motions referred to District Judge Jerry Edwards, Jr. (crt,Thomas, T) |
| Filing 19 NOTICE of Motion Setting without oral argument regarding: #17 MOTION to Dismiss For Failure to State a Claim. Motion day set for 3/15/2024 before District Judge Jerry Edwards Jr. (crt,Thomas, T) |
| Filing 18 ANSWER to #13 Amended Complaint by Patrick Linder.(aty,Rabalais, Joy) |
| Filing 17 MOTION to Dismiss For Failure to State a Claim by Patrick Linder. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Rabalais, Joy) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer re Complaint filed within #1 Notice of Removal and #13 Amended Complaint. Patrick Linder answer due 1/24/2024. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/19/2024. (crt,Thomas, T)
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| Filing 15 MOTION for Extension of Time to File Answer with consent sought but not yet obtained by Patrick Linder. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 1/15/2024. (Attachments: #1 Proposed order)(Attorney Joy C Rabalais added to party Patrick Linder(pty:dft))(aty,Rabalais, Joy) |
| Filing 14 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to District Judge Jerry Edwards, Jr. Judge Robert R Summerhays no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Judge Terry A Doughty on 1/8/2024. (crt,Kiper, C) |
| Filing 13 AMENDED COMPLAINT against Paul Ellington, Patrick Linder, City of Pineville filed by Terence Lachney, Joetta Lachney.(crt,Thomas, T) |
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Filing 12
ORDER granting #10 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/3/2024. (crt,Thomas, T)
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| Filing 11 MEMORANDUM in Opposition re #7 MOTION to Dismiss For Failure to State a Claim filed by Joetta Lachney, Terence Lachney. (aty,Beaird, Mary) |
| Filing 10 MOTION to Amend/Correct Petition re #1 Notice of Removal by Joetta Lachney, Terence Lachney. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 12/27/2023. (Attachments: #1 Proposed order, #2 Proposed Pleading)(aty,Beaird, Mary) Modified docket text on 12/28/2023 (Whitener, M). |
| Filing 9 MINUTE ENTRY REFERRING MOTION: #7 MOTION to Dismiss For Failure to State a Claim filed by City of Pineville Motions referred to Magistrate Judge Joseph H L Perez-Montes. Signed by Judge Robert R Summerhays on 12/20/2023. (crt,Craig-Fontenot, C) |
| Filing 8 NOTICE of Motion Setting regarding: #7 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge Robert R Summerhays. (crt,Thomas, T) |
| Filing 7 MOTION to Dismiss For Failure to State a Claim by City of Pineville. (Attachments: #1 Proposed order, #2 Memorandum / Brief)(aty,Keiser, Randall) |
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Filing 6
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 12/8/2023. (crt,Tice, Y)
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| Filing 5 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 12/8/2023. (crt,Tice, Y) |
| Filing 4 CIVIL COVER SHEET by City of Pineville. (aty,Keiser, Randall) |
| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 12/7/2023. (crt,Thomas, T) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by City of Pineville. (aty,Keiser, Randall) Modified text on 12/7/2023 (Thomas, T). |
| Filing 1 NOTICE of Removal from 9th JDC Rapides Parish, Case Number 277727 (Filing fee $405, receipt number ALAWDC-5786886) filed by City of Pineville. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Attorney Randall B Keiser added to party City of Pineville(pty:dft))(aty,Keiser, Randall) Modified on 12/7/2023 (Thomas, T). |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Joseph H L Perez-Montes. (crt,Thomas, T) |
| STATE COURT Service Returned Executed. Patrick Linder answer due 12/14/2023; City of Pineville answer due 12/14/2023. ADMINISTRATIVE ENTRY: The PDF images can be found within Attachments #2 & #3 of document #1 Notice of Removal. (crt,Thomas, T) |
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