Frank v. City of Lake Charles et al
| Todd Dwayne Frank |
| City of Lake Charles, Mitch Sawyer, Scott White, William Kettler, Benjamin Randolph, Clayton Fontenot, Joshua Hurd, William Loving, John Harper, Jeff Morgan, Robert Yeadon and Nicolas Stratton |
| 2:2022cv00053 |
| January 7, 2022 |
| 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 |
| Defendant |
Docket Report
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Filing 9
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 1/26/2022. (crt,Thomas, T)
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| Filing 8 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 1/25/2022. (crt,Thomas, T) |
| FILING FEE RECEIVED: on behalf of Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon in the amount of $402.00, receipt number 64635008940. (crt,Devillier, W) |
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Filing 7
ORDER granting #6 Motion to Seal Previously Filed Document re: #3 Exhibit.. IT IS ORDERED that all LCPD policies contained in Doc. 3-6, Doc. 3-10, and Doc. 3-11 be filed under seal. Signed by Magistrate Judge Kathleen Kay on 1/14/2022. (crt,Thomas, T)
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| Filing 6 MOTION to Seal Previously Filed Document re: #3 Exhibit,,,,,,, by Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 1/13/2022. (Attachments: #1 Proposed order Order)(aty,John, Christopher) |
| MANUAL ATTACHMENT received from Christopher E John on behalf of Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon regarding #2 Exhibit,,,,,,. The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. Attachments sent to LAKE CHARLES division. (crt,Devillier, W) |
| Filing 5 NOTICE of Deficiency to Christopher E John on behalf of Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon regarding #1 Notice of Removal. Reason: No filing fee accompanied this Notice of Removal. The filing fee for a new civil action is $402.00 and the filing fee for a habeas corpus petition is $5.00. Within ten (10) days from the date of this notice you must either pay the required fee or submit a completed Application for Leave to Proceed In Forma Pauperis. See 28 USC 1914. (crt,Thomas, T) |
| Filing 4 EXHIBIT by Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon. (Attachments: #1 Memorandum / Brief Defendant's Opp to Plaintiff's Motion to File Amending and Suppl Petition, #2 Memorandum / Brief Plaintiff's Reply Memo in Support of Motion to File Amending and Suppl Petition, #3 Plaintiff's Motion for Discover Sanctions, #4 Exhibit Plaintiff's Exhibits for Motion for Discovery Sanctions, #5 Exhibit Plaintiff's Exhibits to Motion for Discovery Sanctions - Certificates, #6 Exhibit Plaintiff's Exhibits to Motion for Discovery Sanctions - 2012 Training Records, #7 Exhibit Plaintiff's Exhibit to Motion for Discovery Sanctions - 2013 Training Records, #8 State court petition Plaintiff's Amending & Suppl Petition, #9 State court citation Service of Plaintiff's Amending and Suppl Petition, #10 State Court Docket Sheet, #11 State Court Notice of Removal)(aty,John, Christopher) (Attachment 11 replaced on 1/10/2022) (Thomas, T). |
| Filing 3 EXHIBIT by Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon. (Attachments: #1 Exhibit Plaintiff's Ex. 1, Vol 1 to Opp to MSJ, #2 Exhibit Plaintiff's Ex.1, Vol 2 to Opp to MSJ, #3 Exhibit Plaintiff's Ex. 1, Vol 3 to Opp to MSJ, #4 Exhibit Plaintiff's Ex. 2 to Opp to MSJ, #5 Exhibit Plaintiff's Ex. 3 to Opp to MSJ, #6 Sealed Exhibit Plaintiff's Ex. 4 to Opp to MSJ, #7 Exhibit Plaintiff's Ex. 5 to Opp to MSJ, #8 Exhibit Plaintiff's Ex. 6 to Opp to MSJ, #9 Exhibit Plaintiff's Ex. 7 to Opp to MSJ, #10 Sealed Exhibit Plaintiff's Exs. attached to Ex. 1 of Opp to MSJ, #11 Sealed Exhibit Plaintiff's Exs Vol 1 attached to Exhibit 2 of Opp to MSJ, #12 Exhibit Plaintiff's Exs Vol 2 attached to Exhibit 2 of Opp to MSJ, #13 Exhibit Plaintiff's Ex. 16 attached to Ex. 3 of Opp to MSJ, #14 Exhibit Plaintiff's Ex. 17 attached to Ex. 3 of Opp to MSJ, #15 Exhibit Plaintiff's Ex. 18 attached to Ex. 3 of Opp to MSJ, #16 Exhibit Plaintiff's Exs Vol 1 attached to Ex. 3 of Opp to MSJ, #17 Exhibit Plaintiff's Exs Vol 2 attached to Ex. 3 of Opp to MSJ, #18 Exhibit Plaintiff's Exs Vol 3 attached to Ex. 3 of Opp to MSJ, #19 Exhibit Plaintiff's Exs Vol 4 attached to Ex. 3 of Opp to MSJ, #20 Exhibit Plaintiff's Exs Vol 5 attached to Ex. 3 of Opp to MSJ, #21 Exhibit Plaintiff's Exs Vol 6 attached to Ex. 3 of Opp to MSJ, #22 Exhibit Plaintiff's Exs Vol 7 attached to Ex. 3 of Opp to MSJ, #23 Memorandum / Brief Defendant's Reply Memo in Support of MSJ)(aty,John, Christopher) Modified on 1/14/2022 (Thomas, T). |
| Filing 2 EXHIBIT re #1 Notice of Removal, by Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon. (Attachments: #1 Affidavit Certificate of Filing, #2 Civil cover sheet, #3 State court petition Petition for Damages, #4 State court citation State Court Citations and Services, #5 Letter to Plaintiff's Counsel, #6 Motion and Order to Preserve Video Evidence, #7 Judgment, #8 Defendants' Answer & Request for Notice, #9 Motion and Order to Appoint Process Server, #10 Notice of Deposition of Defendants for 3/30/15, #11 Notice of Deposition of Cpl. Randolph for 7/25/16, #12 Notice of Deposition of Cpl. Randolph for 1/18/17, #13 Protective Order dated 2/13/20, #14 Motion and Order to Enroll, #15 Notice of Deposition of Plaintiff for 4/28/20, #16 Motion and Order for Pretrial Conference, #17 Protective Order dated 8/12/20, #18 Notice of Deposition of Plaintiff for 11/11/20, #19 Motion and Order to Withdraw as Counsel, #20 Notice of Deposition of Plaintiff for 7/20/21, #21 Subpoena and Notice of Deposition of Robert Miller, #22 Request for Trial Subpoena of Robert Miller, #23 Memorandum / Brief Defendants' MSJ and Exhibits, #24 Notice of manual attachment)(aty,John, Christopher) (Attachment 2 modified to nonfillable form and replaced on 1/10/2022) (Thomas, T). (Attachment 23 modified to rotate pages and replaced on 1/10/2022) (Thomas, T). Modified to indicate manual attachment received on 1/25/2022 (Devillier, W). |
| AMENDED COMPLAINT against Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon filed by Todd Dwayne Frank. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #8 of document #4 Exhibit re Notice of Removal.(crt,Thomas, T) |
| ANSWER to Complaint with Jury Demand by Clayton Fontenot, John Harper, Joshua Hurd, William Kettler, City of Lake Charles, William Loving, Jeff Morgan, Benjamin Randolph, Mitch Sawyer, Nicolas Stratton, Scott White, Robert Yeadon. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #8 of document #2 Exhibit re Notice of Removal.(crt,Thomas, T) |
| PROTECTIVE ORDER signed 2/13/2020 in 14th JDC Calcasieu Parish. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #17 of document #2 Exhibit re Notice of Removal. (crt,Thomas, T) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 14th JDC Calcasieu Parish, Case Number 2013-1411; (In Forma Pauperis status requested and/or granted) filed by Clayton Fontenot, Robert Yeadon, Scott White, Joshua Hurd, John Harper, Nicolas Stratton, Mitch Sawyer, William Loving, William Kettler, City of Lake Charles, Jeff Morgan, Benjamin Randolph.(Attorney Christopher E John added to party Clayton Fontenot(pty:dft), Attorney Christopher E John added to party John Harper(pty:dft), Attorney Christopher E John added to party Joshua Hurd(pty:dft), Attorney Christopher E John added to party William Kettler(pty:dft), Attorney Christopher E John added to party City of Lake Charles(pty:dft), Attorney Christopher E John added to party William Loving(pty:dft), Attorney Christopher E John added to party Jeff Morgan(pty:dft), Attorney Christopher E John added to party Benjamin Randolph(pty:dft), Attorney Christopher E John added to party Mitch Sawyer(pty:dft), Attorney Christopher E John added to party Nicolas Stratton(pty:dft), Attorney Christopher E John added to party Scott White(pty:dft), Attorney Christopher E John added to party Robert Yeadon(pty:dft))(aty,John, Christopher) Modified to remove jury demand as no jury demand requested within notice of removal on 1/10/2022 (Thomas, T). Modified to correct state court number on 1/10/2022 (Thomas, T). Modified to reflect deficient status on 1/10/2022 (Thomas, T). Modified to remove deficient status on 1/25/2022 (Thomas, T). |
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