Espree v. Anderson et al
| Marcus Espree |
| David Vance, Kelly Anderson, City of New Llano, John S Craft and Town of New Llano |
| 2:2019cv01259 |
| September 26, 2019 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #31 Joint/Voluntary Motion to Dismiss with prejudice. Signed by Judge James D Cain, Jr on 5/12/2023. (crt,Jones, P)
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| Set/Reset Deadlines as to #31 JOINT MOTION to Dismiss. Motion Ripe Deadline set for 5/8/2023. (crt,Whitener, M) |
| Filing 31 JOINT MOTION to Dismiss by Marcus Espree, Kelly Anderson, Town of New Llano. (Attachments: #1 Proposed order)(aty,Stamey, Joseph) Modified docket text and to add filers on 5/9/2023 (Whitener, M). |
| Filing 30 60 DAY JUDGMENT OF DISMISSAL. Signed by Judge James D Cain, Jr on 4/4/2023. (crt,Keifer, K) |
| Filing 29 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: STATUS CONFERENCE held on 3/6/2023. Participating by telephone: Marthy Katherine Beaird for plaintiff, Joseph P. Stamey for defendants Anderson and Town of New Llano, and Blake Joseph Arcuri for the remaining defendants. The parties indicate they have mediation set for 3/27/2023 and they are optimistic it will be successful. Parties otherwise answer ready for trial and believe it will take 3-4 days to try. (jud,Kay, Kathleen) |
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Filing 28
ELECTRONIC ORDER. The Magistrate Judge Status Conference set for 2/28/2023 at 10:30 AM by the 18 Electronic Minutes is UPSET and REFIXED for 3/6/2023 at 04:00 PM by telephone before Magistrate Judge Kathleen Kay. Counsel are to call into the Chambers Teleconference Line at 877-336-1274, Access Code 7066014.. Signed by Magistrate Judge Kathleen Kay on 2/28/2023. (jud,Kay, Kathleen)
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Filing 27
ORDER granting #26 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition due 20 days from the current deadline of March 8, 2023. Signed by Magistrate Judge Kathleen Kay on 2/27/2023. (crt,Benoit, T)
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| Filing 26 MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment with consent by Marcus Espree. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 2/24/2023. (Attachments: #1 Proposed Order for Extension of Time)(aty,Beaird, Mary) Modified docket text on 2/24/2023 (Chavis, J). |
| Filing 25 NOTICE of Motion Setting without oral argument regarding: #24 MOTION for Summary Judgment. Motions referred to Judge James D Cain, Jr. Motion day set for 3/29/2023 before Judge James D Cain Jr. (crt,Chavis, J) |
| Filing 24 MOTION for Summary Judgment by Kelly Anderson, John S Craft, Town of New Llano, David Vance. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Declaration of Kelly Anderson, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(crt,Chavis, J) |
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Filing 23
ELECTRONIC ORDER granting #22 Motion for Leave to File Excess Pages. The clerk is directed to docket the proposed motion and attachments. Signed by Judge James D Cain, Jr on 2/15/2023. (crt,Higgins, M)
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| Filing 22 MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Summary Judgment by Kelly Anderson, John S Craft, Town of New Llano, David Vance. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 2/14/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Memorandum / Brief, #4 Proposed Statement of material facts, #5 Proposed Exhibit Declaration of David Vance, #6 Proposed Exhibit Declaration of Josh Foster, #7 Proposed Exhibit Deposition of Marcus Espree, #8 Proposed Exhibit Bill of Information, #9 Proposed Exhibit 9/6/17 Minutes of 30th JDC, #10 Proposed Exhibit Arrest Warrant, #11 Proposed Exhibit Declaration of Kelly Anderson)(aty,Arcuri, Blake) Modified docket text on 2/14/2023 (Bunting, M). |
| Motions Transferred regarding #22 MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Summary Judgment. Motions referred to Judge James D Cain, Jr. (crt,Bunting, M) |
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Filing 21
ELECTRONIC MINUTE ENTRY. Counsel having contacted chambers to advise the parties wished to engage in additional discovery before participating in a Settlement Conference, the 3/25/2022 conference set by #20 Electronic Order is TERMINATED. The parties may contact chambers for a new date and time should they wish to schedule a new conference. Signed by Magistrate Judge Kathleen Kay on 3/22/2022. (jud,Kay, Kathleen)
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Filing 20
ELECTRONIC ORDER. A Settlement Conference is set for 3/25/2022 at 10:00 AM in chambers before Magistrate Judge Kathleen Kay. See order linked hereto for additional information. Signed by Magistrate Judge Kathleen Kay on 12/16/2021. (jud,Kay, Kathleen)
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| Filing 18 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: STATUS CONFERENCE held on 12/14/2021, Participating by telephone: Mary Katherine Beaird for plaintiff, Joseph B. Stamey for the Town of New Llano and related defendants, and Blake Joseph Arcuri for John S. Craft and David Vance. The parties indicate they are close to informal resolution and asked that the current trial fixing be refixed and the court set a Settlement Conference. Accordingly, the 3/21/2022 and related deadlines are terminated and a Jury Trial is now set for 5/15/2023 at 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr., A Pretrial Conference is set for 4/25/2023 at 11:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 2/28/2023 at 10:30 AM by telephone before Magistrate Judge Kathleen Kay. Counsel is to call into Chambers Teleconference Line at 877-336-1274, Access Code 7066014 to participate in the MJSC. See separately docketed Electronic Scheduling Order and the addendum linked thereto for additional deadlines and explanations of those deadlines. Also by separate entry we are setting a Settlement Conference set for 3/25/2022 at 10:00 AM in chambers before Magistrate Judge Kathleen Kay. (jud,Kay, Kathleen) Modified on 12/16/2021 to edit conference held date only and regenerate nef (Jones, P). |
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Filing 19
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 5/15/2023 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 4/25/2023 11:00 AM in chambers before Judge James D Cain Jr. Magistrate Judge Status Conference set for 2/28/2023 10:30 AM in by phone before Magistrate Judge Kathleen Kay. Plaintiffs Expert Info/Reports due by 1/17/2023. Defendants Expert Info/Reports due by 1/30/2023. Amended Pleadings due by 1/17/2023. Dispositive Motions due by 2/14/2023. Daubert Motions due by 3/16/2023. Motions in Limine due by 3/16/2023. Compel discovery 3/16/2023. Deadline for filing motion for protective order is 4/17/2023. Pretrial statements due by 4/17/2023. Jury Charges/Verdict Form due by 5/1/2023. Electronic Exhibits due by 5/8/2023. Real Time glossary due by 5/8/2023.. Signed by Magistrate Judge Kathleen Kay on 12/16/2021. (jud,Kay, Kathleen)
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Filing 17
ELECTRONIC ORDER granting #16 Motion to Enroll as Counsel. Added as counsel Jason Paul Wixom for John S Craft and David Vance. Signed by Magistrate Judge Kathleen Kay on 10/15/2021. (jud,Kay, Kathleen)
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| Filing 16 MOTION for Jason P. Wixom to Enroll as Counsel by John S Craft, David Vance. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/12/2021. (Attachments: #1 Proposed order Enroll Co-Counsel)(aty,Arcuri, Blake) |
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Filing 15
ORDER granting #14 Motion to Substitute Attorney. Added attorney Blake Joseph Arcuri,Laura Cannizzaro Rodrigue for John S Craft,Blake Joseph Arcuri,Laura Cannizzaro Rodrigue for David Vance. Attorney James Bryan Mullaly terminated. Signed by Magistrate Judge Kathleen Kay on 2/11/2021. (crt,Bunting, M)
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| Filing 14 MOTION for Blake J. Arcuri and Laura C. Rodrigue to Enroll as Counsel of Record by John S Craft, David Vance. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 2/10/2021. (Attachments: #1 Proposed order Order)(Attorney Blake Joseph Arcuri added to party John S Craft(pty:dft), Attorney Blake Joseph Arcuri added to party David Vance(pty:dft))(aty,Arcuri, Blake) |
| Filing 13 NOTICE REGARDING HURRICANE LAURA: The Lake Charles area sustained extensive damage due to Hurricane Laura, including the Edwin F. Hunter, Jr. Courthouse. All proceedings and deadlines due within the next 30 days before Judge Cain are suspended. All proceedings and deadlines due before Magistrate Judge Kay remain as previously set. The court will advise of resettings in due course on a per-case basis via CM/ECF. Parties are encouraged to electronically file for relief or extensions, but if unable to do so, to call chambers and leave a message. Your message will be responded to promptly. (crt,Dunford, T) |
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Filing 12
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 3/21/2022 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Magistrate Judge Status Conference set for 12/14/2021 10:30 AM in by phone before Magistrate Judge Kathleen Kay. Plaintiffs Expert Info/Reports due by 11/22/2021. Defendants Expert Info/Reports due by 12/6/2021. Amended Pleadings due by 11/22/2021. Dispositive Motions due by 12/21/2021. Daubert Motions due by 1/20/2022. Motions in Limine due by 1/20/2022. Compel discovery 1/20/2022. Deadline for filing motion for protective order is 2/22/2022. Pretrial statements due by 2/22/2022. Electronic Exhibits due by 3/14/2022. Real Time glossary due by 3/14/2022.. Signed by Magistrate Judge Kathleen Kay on 8/6/2020. (jud,Kay, Kathleen)
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| Filing 11 MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 8/6/2020. Participating by telephone: Mary Katherine Beaird for plaintiff; Joseph B. Stamey for defendants Kelly Anderson and the Town of New Llano; and James Bryan Mullaly for John S. Craft and David Vance. A Jury Trial is set for 3/21/2022 at 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. A Pretrial Conference is set for 3/3/2022 at 11:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 12/14/2021 at 10:30 AM by telephone before Magistrate Judge Kathleen Kay. See separately docketed Electronic Scheduling Order and the addendum linked thereto for additional deadlines and explanations of those deadlines. (jud,Kay, Kathleen) |
| Filing 10 JOINT RULE 26(f) Report by Kelly Anderson, Town of New Llano, David Vance, Marcus Espree and John S Craft. (aty,Stamey, Joseph) Modified filers on 8/5/2020 (Bunting, M). |
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Filing 9
ORDER: Scheduling Conference set for 8/6/2020 at 10:00 AM by telephone before Magistrate Judge Kathleen Kay. (Attachment: #1 Attachment to scheduling conference order)(crt,Benoit, T)
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| Filing 8 ANSWER Invocation of Defense of Qualified Immunity,and Affirmative Defenses, to #1 Complaint, with Jury Demand by John S Craft, David Vance.(Attorney James Bryan Mullaly added to party John S Craft(pty:dft), Attorney James Bryan Mullaly added to party David Vance(pty:dft))(aty,Mullaly, James) Modified docket text on 4/3/2020 (Bunting, M). |
| Filing 7 NOTICE of Intent to dismiss John S Craft, David Vance for Failure to take default 60 days after service. (crt,Benoit, T) |
| Filing 6 ANSWER re #1 Complaint with Jury Demand by Kelly Anderson, Town of New Llano.(Attorney Joseph B Stamey added to party Kelly Anderson(pty:dft), Attorney Joseph B Stamey added to party Town of New Llano(pty:dft))(aty,Stamey, Joseph) Modified to add a docket entry relationship on 1/7/2020 (Bunting, M). |
| Filing 5 AFFIDAVIT of Service for Complaint served on Town of New Llano on 11/13/19, Answer due 12/4/2019 filed by Marcus Espree. (aty,Beaird, Mary) Modified on 11/14/2019 to include answer due date (Jones, P). |
| Filing 4 AFFIDAVIT of Service for Complaint served on Deputy Vance on 11/7/19, Answer due 11/28/2019 filed by Marcus Espree. (aty,Beaird, Mary) Modified to include answer due date on 11/7/2019 (Bunting, M). |
| Filing 3 AFFIDAVIT of Service for Complaint served on Sheriff John S. Craft on 11/7/19, Answer due 11/28/2019 filed by Marcus Espree. (aty,Beaird, Mary) Modified to include answer due date on 11/7/2019 (Bunting, M). |
| Filing 2 SUMMONS ISSUED as to Kelly Anderson, John S Craft, Town of New Llano, David Vance (crt,JonesSld, P) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,JonesSld, P) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $400, receipt number 0536-4059757) filed by Marcus Espree. (Attachments: #1 Civil cover sheet)(Attorney Mary Katherine Beaird added to party Marcus Espree(pty:pla))(aty,Beaird, Mary) |
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