LeRoux et al v. Montgomery County, Maryland et al
| The Estate of Ryan LeRoux, Rhonda LeRoux and Paul LeRoux |
| Montgomery County, Maryland, John Austin Cerny, Brooks Michael Inman, Romand Schmuck, Sara Vaughan and United States of America |
| 8:2022cv00856 |
| April 8, 2022 |
| US District Court for the District of Maryland |
| Charles B Day |
| Ajmel Ahsen Quereshi |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 46
PAPERLESS ORDER granting #45 Motion for Extension of Time to File Response/Reply. Reply shall be due November 4, 2022. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 10/12/2022. (babs, Chambers)
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Filing 45
Consent MOTION for Extension of Time to File Response/Reply as to #38 Response in Opposition to Motion to Dismiss Amended Complaint by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order)(Haggerty, Patricia)
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Filing 44
NOTICE by United States of America Statement of Interest of the United States of America (Marquardt, Sarah)
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Filing 43
NOTICE by United States of America Statement of Interest of the United States of America (Marquardt, Sarah)
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Filing 42
PAPERLESS ORDER granting #39 Motion to File Electronic Media. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 10/4/2022. (babs, Chambers) CD Received and sent to Chambers on 10/07/2022 Modified on 10/7/2022 (heps, Deputy Clerk).
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Filing 41
NOTICE by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux re #38 Response in Opposition to Motion - Exhibit 1 (Date Correction) (Flowers, Kobie)
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Filing 40
NOTICE by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux re #38 Response in Opposition to Motion - Exhibit 1 (Flowers, Kobie)
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Filing 39
MOTION for Leave to File Electronic Media re #38 Response in Opposition to Motion by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux (Attachments: #1 Text of Proposed Order)(Flowers, Kobie)
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Filing 38
RESPONSE in Opposition re #33 MOTION to Dismiss for Failure to State a Claim Defendants' Motion to Dismiss Amended Complaint filed by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux.(Flowers, Kobie)
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Filing 37
PAPERLESS ORDER granting #36 Motion for Extension of Time to File Document. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 8/26/2022. (babs, Chambers)
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Filing 36
Consent MOTION for Extension of Time to File an Opposition to Defendants' Motion to Dismiss by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux (Attachments: #1 Text of Proposed Order)(Flowers, Kobie)
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Filing 35
Paperless ORDER granting #34 Motion for Leave to File. The requested materials may be filed, but the Court makes no determination, at this time, whether consideration of such materials is proper at the motion to dismiss stage. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 8/19/2022. (Quereshi, Ajmel)
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Filing 34
MOTION for Leave to File Physical Exhibits by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order Proposed Order-Mot to File Physical Exhibits)(Haggerty, Patricia)
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Filing 33
MOTION to Dismiss for Failure to State a Claim Defendants' Motion to Dismiss Amended Complaint by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss Amended Complaint, #2 Attachment Table of Contents for MTD Am Compl. Memo, #3 Exhibit Notice of Filing Physical Exhibit - Ex 1, #4 Exhibit Notice of Filing Physical Exhibit - Ex 2, #5 Exhibit Notice of Filing Physical Exhibit - Ex 3, #6 Exhibit Notice of Filing Physical Exhibit - Ex 4A, #7 Exhibit Notice of Filing Physical Exhibit - Ex 4B, #8 Exhibit Notice of Filing Physical Exhibit - Ex 5, #9 Exhibit Notice of Filing Physical Exhibit - Ex 6, #10 Text of Proposed Order Proposed Order-MTD)(Haggerty, Patricia) Modified on 8/22/2022 (CD of Exhibits 1-5 Received and sent to Chambers on 8/22/2022 heps, Deputy Clerk).
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Filing 32
Paperless ORDER granting #30 Motion for Extension of Time. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 8/16/2022. (Quereshi, Ajmel)
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Filing 31
Supplement to #30 Emergency MOTION for Extension of Time to Respond to First Amended Complaint filed by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan Proposed Order (Teferi, Gessesse)
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Filing 30
Emergency MOTION for Extension of Time to Respond to First Amended Complaint by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order)(Teferi, Gessesse)
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Filing 29
Paperless ORDER granting #28 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 8/10/2022. (Quereshi, Ajmel)
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Filing 28
Consent MOTION for Leave to File Excess Pages for Defendants Response to Plaintiffs Amended Complaint by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order Proposed Order)(Haggerty, Patricia)
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Filing 27
PAPERLESS ORDER granting #26 Motion for Extension of Time to File Response/Reply as to Amended Complaint. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 7/15/2022. (babs, Chambers)
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Filing 26
MOTION for Extension of Time to File Response/Reply as to #25 Amended Complaint, by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan. (Attachments: #1 Text of Proposed Order)(Teferi, Gessesse)
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Filing 25
AMENDED COMPLAINT against John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan, filed by The Estate of Ryan LeRoux, Rhonda LeRoux, Paul LeRoux. (Attachments: #1 Redline of Complaint and Request for Jury Trial)(Flowers, Kobie)
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Filing 24
Paperless ORDER granting #22 Motion to Withdraw as Attorney. Attorney Joseph B Espo terminated. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 6/13/2022 (Quereshi, Ajmel)
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Filing 23
NOTICE of Appearance by Eve Lynne Hill on behalf of Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux (Hill, Eve)
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Filing 22
MOTION to Withdraw as Attorney Joseph B. Espo by Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux(Espo, Joseph)
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Filing 21
Paperless ORDER granting #20 Consent Motion for Extension of Time to Respond to Defendants' Motion to Dismiss or File an Amended Complaint until July 8, 2022. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 6/10/2022. (Quereshi, Ajmel)
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Filing 20
Consent MOTION for Extension of Time by The Estate of Ryan LeRoux (Attachments: #1 Text of Proposed Order)(Flowers, Kobie)
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Filing 19
MOTION to Dismiss for Failure to State a Claim by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Attachment Table of Contents for Memorandum of Law in Support of Defendants Motion to Dismiss, #2 Memorandum in Support Memorandum of Law in Support of Defendants Motion to Dismiss, #3 Exhibit 1 - Excerpt of 911 call from McDonalds, #4 Exhibit 2 Excerpt of BWC Confirming Mr. LeRouxs Hands Not Raised, #5 Exhibit 3A Excerpt of ECC Radio Traffic - Request for Negotiator, #6 Exhibit 3B Excerpt of ECC Radio Traffic - Confirmation of Negotiator in Route and that Mr. LeRouxs Hands Not Raised, #7 Exhibit 4A Excerpt of BWC of Ofc. Cerny RE Mr. LeRoux Raising Gun, #8 Exhibit 4B Excerpt of BWC of Ofc. Vaughan RE Mr. LeRoux Raising Gun, #9 Exhibit 4C Excerpt of BWC from Inside McDonalds Raising Gun, #10 Text of Proposed Order Proposed Order)(Haggerty, Patricia) (USB Drive received on 6/1/2022 and sent to Chambers) Modified on 6/1/2022 (heps, Deputy Clerk).
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Filing 18
PAPERLESS ORDER granting #17 Motion for Extension of Time to Answer re #1 Complaint. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 5/2/2022. (babs, Chambers)
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Filing 17
Consent MOTION for Extension of Time to File Answer re #1 Complaint, by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order Proposed Order)(Haggerty, Patricia)
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Filing 16
ORDER granting #8 Joint MOTION Shield Home Addresses re #1 Complaint, #4 Summons Issued and PACER Website. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 5/2/2022. (mg3s, Deputy Clerk)
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Case Reassigned to Magistrate Judge Ajmel Ahsen Quereshi. Magistrate Judge Charles B. Day no longer assigned to the case. (kns, Deputy Clerk)
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Filing 15
PAPERLESS ORDER: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Charles B. Day conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Fourth Circuit Court of Appeals, if an appeal is filed. Signed by Magistrate Judge Charles B. Day on 4/26/2022. (mg3s, Deputy Clerk)
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Filing 13
NOTICE OF DEFICIENCY re: 12 Consent/Decline to Proceed Before a US Magistrate Judge. Defendants must correct the following error(s):**Incorrect form used - complete the form Consent to Exercise of Jurisdiction by United States Magistrate Judge which can be downloaded #here and refile using the event 25 Pct Mag Consent to Proceed Before a Magistrate Judge OR 25 Pct Mag Decline to Proceed Before a Magistrate Judge, both located in Other Filings >Other Documents. (mg3s, Deputy Clerk)
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Filing 10
SUMMONS Returned Executed by The Estate of Ryan LeRoux, Rhonda LeRoux, Paul LeRoux. John Austin Cerny served on 4/14/2022, answer due 5/5/2022; Brooks Michael Inman served on 4/14/2022, answer due 5/5/2022; Montgomery County, Maryland served on 4/11/2022, answer due 5/2/2022; Romand Schmuck served on 4/14/2022, answer due 5/5/2022; Sara Vaughan served on 4/14/2022, answer due 5/5/2022. (Attachments: #1 Return of Service - John Austin Cerny, #2 Return of Service - Brooks Michael Inman, #3 Return of Service - Romand Bryan Schmuck, #4 Return of Service - Sara Vaughan)(Espo, Joseph)
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Filing 9
NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Charles B. Day. John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan or counsel for John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 4/28/2022. (mg3s, Deputy Clerk)
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Filing 8
Joint MOTION Shield Home Addresses re #1 Complaint, #4 Summons Issued and PACER Website by John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan (Attachments: #1 Text of Proposed Order Proposed Order-Motion to Shield Home Addresses)(Haggerty, Patricia)
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Filing 7
NOTICE of Appearance by Patricia Lisehora Kane on behalf of All Defendants (Kane, Patricia)
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Filing 6
NOTICE of Appearance by Gessesse Teferi on behalf of All Defendants (Teferi, Gessesse)
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Filing 5
NOTICE of Appearance by Patricia Victoria Haggerty on behalf of All Defendants (Haggerty, Patricia)
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Filing 4
Summons Issued 21 days as to John Austin Cerny, Brooks Michael Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan. (Attachments: #1 Cerny, #2 Inman, #3 Schmuck, #4 Vaughan) (hmls, Deputy Clerk)
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Filing 3
Case Management Order. Signed by Magistrate Judge Charles B. Day on 4/11/2022. (hmls, Deputy Clerk)
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Filing 2
NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Charles B. Day. Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux or counsel for Paul LeRoux, Rhonda LeRoux, The Estate of Ryan LeRoux are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 4/25/2022. (hmls, Deputy Clerk)
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Case Reassigned to Magistrate Judge Charles B. Day. Magistrate Judge A. David Copperthite no longer assigned to the case. (kns, Deputy Clerk)
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Filing 1
COMPLAINT and Request for Jury Trial against John A Cerny, Brooks M Inman, Montgomery County, Maryland, Romand Schmuck, Sara Vaughan ( Filing fee $ 402 receipt number AMDDC-9868438.), filed by The Estate of Ryan LeRoux, Rhonda LeRoux, Paul LeRoux. (Attachments: #1 Civil Cover Sheet, #2 Summons - Montgomery County, Maryland, #3 Summons - John Cerny, #4 Summons - Brooks Inman, #5 Summons - Romand Schmuck, #6 Summons - Sara Vaughan)(Flowers, Kobie)
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