Swimp v. Buszek et al
Plaintiff: Stacy Swimp
Defendant: Flint, City of, Mary Buszek, John Doe, Quion Wheeler and Tawanda Plair
Case Number: 2:2018cv11914
Filed: June 18, 2018
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Genesee
Presiding Judge: Gershwin A Drain
Referring Judge: Anthony P Patti
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2021 Opinion or Order Filing 75 STIPULATED ORDER of Dismissal. Signed by District Judge Gershwin A. Drain. (TMcg)
March 29, 2021 Filing 74 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference reset for 4/20/2021 at 10:00 AM before District Judge Gershwin A. Drain (TMcg)
March 9, 2021 Filing 73 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference reset for 3/30/2021 at 11:00 AM before District Judge Gershwin A. Drain (TMcg)
February 23, 2021 Filing 72 NOTICE TO APPEAR BY VIDEO CONFERENCE: Pretrial Conference set for 3/9/2021 at 3:00 PM before District Judge Gershwin A. Drain (TMcg)
February 23, 2021 Minute Entry for proceedings before District Judge Gershwin A. Drain: Zoom Status Conference held on 2/23/2021 (Court Reporter: Merilyn Jones) (TMcg)
February 23, 2021 TEXT-ONLY NOTICE: Final Pretrial Conference Hearing on 2/23/2021 is Cancelled re Status Conference,, Set Deadlines/Hearings, (TMcg)
February 22, 2021 Filing 71 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 2/23/2021 at 2:30 PM before District Judge Gershwin A. Drain (TMcg)
October 20, 2020 Filing 70 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 10/20/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
October 20, 2020 Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 10/20/2020, ( Final Pretrial Conference reset for 2/23/2021 at 2:30 PM before District Judge Gershwin A. Drain, Jury Trial reset for 3/16/2021 at 9:00 AM before District Judge Gershwin A. Drain) (Court Reporter: Merilyn Jones) (TMcg)
October 13, 2020 Filing 69 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 10/20/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
September 30, 2020 Opinion or Order Filing 68 STIPULATED ORDER Adjourning Pre-Trial Order and Motion in Limine Due Dates. Signed by District Judge Gershwin A. Drain. (TMcg)
August 4, 2020 Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 8/4/2020, ( Final Pretrial Conference reset for 10/20/2020 at 2:00 PM before District Judge Gershwin A. Drain, Jury Trial set for 12/1/2020 at 9:00 AM before District Judge Gershwin A. Drain) (Court Reporter: Merilyn Jones) (TMcg)
July 28, 2020 Filing 67 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 8/4/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
July 28, 2020 TEXT-ONLY NOTICE: Hearing on 8/4/2020 is Cancelled re Status Conference,, Set Scheduling Order Deadlines, (TMcg)
July 23, 2020 Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Settlement Conference held on 7/23/2020. Disposition: Case did not Settle. (Court Reporter: None Present, Not on the Record) (MWil)
July 22, 2020 Filing 66 AMENDED NOTICE TO APPEAR BY VIDEO CONFERENCE: Settlement Conference set for 7/23/2020 01:30 PM before Magistrate Judge Anthony P. Patti**PLEASE SHARE ZOOM INFORMATION WITH THOSE REQUIRED TO PARTICIPATE IN THE SETTLEMENT CONFERNECE** (MWil)
May 13, 2020 Opinion or Order Filing 65 ORDER Granting #60 Motion to Withdraw as Attorney.. Signed by District Judge Gershwin A. Drain. (TMcg)
May 13, 2020 Opinion or Order Filing 64 ORDER Denying Individual Defendants' #48 Motion for Summary Judgment and Granting City of Flint's #47 Motion for Summary Judgment; Signed by District Judge Gershwin A. Drain. (TMcg)
May 13, 2020 Filing 63 NOTICE TO APPEAR: Settlement Conference set for 7/23/2020 01:30 PM before Magistrate Judge Anthony P. Patti (MWil)
May 13, 2020 Flint, City of terminated., Attorney Reed E. Eriksson terminated. Signed by District Judge Gershwin A. Drain. (TMcg)
May 12, 2020 Opinion or Order Filing 62 ORDER REFERRING OTHER MATTERS to Magistrate Judge Patti : Settlement Conference. Signed by District Judge Gershwin A. Drain. (TMcg)
May 12, 2020 Minute Entry for proceedings before District Judge Gershwin A. Drain: Telephonic Status Conference held on 5/12/2020, ( Final Pretrial Order due by: July 28, 2020, Motions in Limine to be filed by: jULY 28, 2020, Final Pretrial Conference reset for 8/4/2020 at 2:30 PM before District Judge Gershwin A. Drain, Jury Trial reset for 8/11/2020 at 9:00 AM before District Judge Gershwin A. Drain) (TMcg)
May 8, 2020 Filing 61 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/12/2020 at 10:00 AM before District Judge Gershwin A. Drain (TMcg)
May 8, 2020 TEXT-ONLY NOTICE: Motion Hearing on 5/12/2020 is Cancelled re Set Motion and R&R Deadlines/Hearings, (TMcg)
April 13, 2020 Filing 60 MOTION for Withdrawal of Attorney Reed E. Eriksson by Flint, City of. (Eriksson, Reed)
April 13, 2020 Filing 59 NOTICE of Appearance by Kelly Kiertzner on behalf of Flint, City of. (Kiertzner, Kelly)
April 9, 2020 Set/Reset Deadlines as to #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint. Motion Hearing reset for 5/12/2020 10:00 AM before District Judge Gershwin A. Drain (TMcg)
April 8, 2020 TEXT-ONLY NOTICE: Motion Hearing on 4/13/2020 is Cancelled re Set Motion and R&R Deadlines/Hearings, (TMcg)
February 21, 2020 Set/Reset Deadlines as to #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint. Motion Hearing reset for 4/13/2020 02:30 PM before District Judge Gershwin A. Drain (TMcg)
January 24, 2020 Set Motion and R&R Deadlines/Hearings as to #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint : Motion Hearing reset for 3/5/2020 at 10:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (TMcg)
December 3, 2019 CORRECTED Notice of Hearing #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint. Motion Hearing reset for 2/5/2020 at 2:30 PM before District Judge Gershwin A. Drain (TMcg)
November 26, 2019 Set/Reset Deadlines as to #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint. Motion Hearing reset for 2/5/2019 at 2:30 PM before District Judge Gershwin A. Drain (TMcg)
November 26, 2019 TEXT-ONLY NOTICE: Final Pretrial Hearing on 12/3/2019 and Jury Trial 1/7/2020 are Cancelled re #29 Stipulation and Order,, Set Scheduling Order Deadlines, [MOTIONS FOR SUMMARY JUDGMENT PENDING - 2/5/2019] (TMcg)
November 22, 2019 TEXT-ONLY NOTICE:Final Pretrial Conference Hearing on 12/3/2019 is Cancelled re #33 Stipulation and Order,,, Set Scheduling Order Deadlines,, [MOTION FOR SUMMARY JUDGMENT PENDING] (TMcg)
November 5, 2019 Filing 58 SEALED EXHIBIT re #57 Reply to Response to Motion, by Flint, City of. (Attachments: #1 Exhibit C - Officer Disciplinary History, #2 Exhibit D - Internal Affairs Investigation) (Eriksson, Reed)
November 5, 2019 Filing 57 REPLY to Response re #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint filed by Flint, City of. (Attachments: #1 Index of Exhibits, #2 Exhibit A - FPD Policies, #3 Exhibit B - Officer Training Records) (Eriksson, Reed)
November 5, 2019 Filing 56 REPLY to Response re #48 MOTION for Summary Judgment filed by Mary Buszek, Quion Wheeler. (Attachments: #1 Exhibit) (Edmunds, Michael)
October 22, 2019 Filing 55 SEALED EXHIBIT re #54 Response to Motion, by Stacy Swimp. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Alexander, John)
October 22, 2019 Filing 54 RESPONSE to #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint filed by Stacy Swimp. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Alexander, John)
October 22, 2019 Filing 53 SEALED EXHIBIT re #52 Reply to Response to Motion, by Stacy Swimp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Alexander, John)
October 22, 2019 Filing 52 REPLY to Response re #48 MOTION for Summary Judgment filed by Stacy Swimp. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Alexander, John) [DOCKET ERROR-WRONG EVENT USED-DOCUMENT IS A RESPONSE] Modified on 10/22/2019 (TMcg).
October 15, 2019 Opinion or Order Filing 51 STIPULATED ORDER to Keep Documents Under Seal. Signed by District Judge Gershwin A. Drain. (TMcg)
October 10, 2019 Filing 50 NOTICE of Voluntary Dismissal by Tawanda Plair as to Tawanda Plair only (Edmunds, Michael)
October 4, 2019 Filing 49 NOTICE OF HEARING on #48 MOTION for Summary Judgment , #47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint. Motion Hearing set for 12/9/2019 at 10:00 AM before District Judge Gershwin A. Drain (TMcg)
October 2, 2019 Filing 48 MOTION for Summary Judgment by Mary Buszek, Quion Wheeler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Edmunds, Michael)
October 1, 2019 Filing 47 MOTION for Summary Judgment as to Count V - Municipal Liability Against the City of Flint by Flint, City of. (Attachments: #1 Exhibit A - Transcript of Deposition of Plaintiff Stacy Swimp [Excerpts]) (Eriksson, Reed)
September 16, 2019 Filing 46 Second Supplemental WITNESS LIST by Stacy Swimp (Alexander, John)
August 29, 2019 Opinion or Order Filing 45 SCHEDULING ORDER to Amend Scheduling Dates: Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg)
August 28, 2019 Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Settlement Conference held on 8/28/2019. Disposition: Settlement conference held and concluded without resolution. If the parties mutually believe that the Court's assistance could lead to a settlement after summary judgment motions have been decided, they may contact Judge Patti's chambers to set up another settlement conference. (Court Reporter: None Present, Not on the Record) (MWil) Modified on 8/28/2019 (MWil).
July 24, 2019 Filing 44 RESPONSE DENIAL OF ANSWER AND AFFIRMATIVE DEFENSES by Stacy Swimp. (Alexander, John)
July 24, 2019 Filing 43 RESPONSE DENIAL OF ANSWER AND AFFIRMATIVE DEFENSES by Stacy Swimp. (Alexander, John)
July 24, 2019 Filing 42 RESPONSE DENIAL OF ANSWER AND AFFIRMATIVE DEFENSES by Stacy Swimp. (Alexander, John)
July 19, 2019 Filing 41 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Tawanda Plair. (Edmunds, Michael) Modified on 7/22/2019 (ATee). [Second]
July 19, 2019 Filing 40 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Quion Wheeler. (Edmunds, Michael) Modified on 7/22/2019 (ATee).[Second]
July 19, 2019 Filing 39 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Mary Buszek. (Edmunds, Michael) Modified on 7/22/2019 (ATee).[Second}
June 13, 2019 Filing 38 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Flint, City of. (Eriksson, Reed)
June 5, 2019 Filing 37 RE-NOTICE TO APPEAR: Settlement Conference set RESET TO 8/28/2019 01:30 PM before Magistrate Judge Anthony P. Patti (MWil)
May 30, 2019 Filing 36 AMENDED COMPLAINT with Jury Demand second amended complaint filed by Stacy Swimp against All Defendants. NO NEW PARTIES ADDED. (Alexander, John)
May 24, 2019 Opinion or Order Filing 35 STIPULATED ORDER Allowing Plaintiff to Amend the Complaint to Add a Count of Malicious Prosecution. Signed by District Judge Gershwin A. Drain. (TMcg)
May 6, 2019 Filing 34 Plaintiffs WITNESS LIST by Stacy Swimp (Alexander, John)
April 26, 2019 Opinion or Order Filing 33 STIPULATION AND ORDER to Amend Scheduling Order re #29 Amended Scheduling Order,, ( Discovery due by 7/26/2019, Dispositive Motion Cut-off reset for 8/30/2019, Final Pretrial Conference reset for 12/3/2019 at 10:00 AM before District Judge Gershwin A. Drain, Jury Trial reset for 1/7/2020 at 9:00 AM before District Judge Gershwin A. Drain). Signed by District Judge Gershwin A. Drain. (TMcg)
April 5, 2019 Filing 32 JOINT WITNESS LIST by All Defendants (Edmunds, Michael)
April 3, 2019 Filing 31 WITNESS LIST by Stacy Swimp (Alexander, John)
April 3, 2019 Filing 30 RE-NOTICE TO APPEAR: Settlement Conference RESET TO 8/15/2019 01:30 PM before Magistrate Judge Anthony P. Patti (MWil)
January 29, 2019 Opinion or Order Filing 29 STIPULATION AND ORDER to Amend Scheduling Order, ( Final Pretrial Conference reset for 12/3/2019 10:00 AM before District Judge Gershwin A. Drain, Jury Trial reset for 1/7/2020 09:00 AM before District Judge Gershwin A. Drain) (Please see order for details) Signed by District Judge Gershwin A. Drain. (TMcg)
January 29, 2019 Opinion or Order Filing 28 STIPULATED PROTECTIVE ORDER. Signed by District Judge Gershwin A. Drain. (TMcg)
October 11, 2018 Filing 27 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Flint, City of. (Eriksson, Reed)
October 9, 2018 Filing 26 AMENDED ANSWER to Complaint with Affirmative Defenses with Jury Demand by Mary Buszek. (Edmunds, Michael)
October 9, 2018 Filing 25 AMENDED ANSWER to Complaint with Affirmative Defenses with Jury Demand by Tawanda Plair, Quion Wheeler. (Edmunds, Michael)
October 9, 2018 Filing 24 ANSWER (AMENDED) by Mary Buszek. (Edmunds, Michael) Modified on 10/10/2018 (DWor). [DOCUMENT ENTITLED "AMENDED ANSWER TO PLAINTIFF'S AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, AND RELIANCE UPON JURY DEMAND"]
October 8, 2018 Filing 23 ANSWER to #18 Amended Complaint by Tawanda Plair, Quion Wheeler. (Edmunds, Michael)
October 8, 2018 Filing 22 ANSWER to #18 Amended Complaint by Mary Buszek. (Edmunds, Michael)
September 24, 2018 Filing 21 NOTICE of Appearance by Michael W. Edmunds on behalf of Tawanda Plair, Quion Wheeler. (Edmunds, Michael)
September 21, 2018 Filing 20 SUMMONS Issued for *Quion Wheeler* (DAll)
September 21, 2018 Filing 19 SUMMONS Issued for *Tawanda Plair* (DAll)
September 20, 2018 Filing 18 AMENDED COMPLAINT with Jury Demand filed by Stacy Swimp against Quion Wheeler, Tawanda Plair. NEW PARTIES ADDED. (Alexander, John)
September 20, 2018 REQUEST for SUMMONS for Tawanda Plair, Quion Wheeler. (Alexander, John)
September 7, 2018 Filing 17 NOTICE TO APPEAR: Settlement Conference set for 7/16/2019 01:30 PM before Magistrate Judge Anthony P. Patti (MWil)
August 31, 2018 Opinion or Order Filing 16 ORDER REFERRING OTHER MATTERS to Magistrate Judge Patti : Settlement Conference. Signed by District Judge Gershwin A. Drain. (TBan)
August 31, 2018 Opinion or Order Filing 15 ORDER REFERRING CASE to Mediation. Final Pretrial Conference set for 8/22/2019 02:00 PM before District Judge Gershwin A. Drain; Jury Trial set for 11/5/2019 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (TBan)
August 31, 2018 Opinion or Order Filing 14 SCHEDULING ORDER: Discovery due by 2/28/2019; Dispositive Motion Cut-off set for 3/28/2019; Final Pretrial Conference set for 8/22/2019 02:00 PM before District Judge Gershwin A. Drain; Jury Trial set for 11/5/2019 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TBan)
August 27, 2018 Minute Entry for proceedings before District Judge Gershwin A. Drain: Scheduling Conference held on 8/27/2018. (Court Reporter: None Present, Not on the Record) (TBan)
August 20, 2018 Filing 13 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Edmunds, Michael)
August 10, 2018 Filing 12 NOTICE TO APPEAR: Scheduling Conference set for 8/27/2018 at 2:00 PM before District Judge Gershwin A. Drain. (TMcg)
August 7, 2018 Filing 11 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Flint, City of. (Eriksson, Reed)
July 25, 2018 Opinion or Order Filing 10 STIPULATED ORDER to Extend Time for Defendant City of Flint to File Answer and Affirmative Defenses, ( Responsive Pleading due by 8/7/2018) Signed by District Judge Gershwin A. Drain. (TMcg)
July 23, 2018 Filing 9 ANSWER to Complaint with Affirmative Defenses and Reliance Upon Jury Demand by Mary Buszek. (Edmunds, Michael)
July 20, 2018 Filing 8 STIPULATION to Extend Time to File Answer by Flint, City of (Eriksson, Reed)
July 20, 2018 Filing 7 NOTICE of Appearance by Reed E. Eriksson on behalf of Flint, City of. (Eriksson, Reed)
July 19, 2018 Filing 6 NOTICE of Appearance by Michael W. Edmunds on behalf of Mary Buszek. (Edmunds, Michael)
July 18, 2018 Filing 5 CERTIFICATE of Service/Summons Returned Executed. Mary Buszek served on 7/9/2018, answer due 7/30/2018. (Alexander, John)
July 9, 2018 Filing 4 CERTIFICATE of Service/Summons Returned Executed. Flint, City of served on 6/25/2018, answer due 7/16/2018. (Alexander, John)
June 18, 2018 Filing 3 SUMMONS Issued for *Flint, City of* (DPer)
June 18, 2018 Filing 2 SUMMONS Issued for *Mary Buszek* (DPer)
June 18, 2018 Filing 1 COMPLAINT filed by Stacy Swimp against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6778572 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Alexander, John)
June 18, 2018 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer)

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Defendant: Flint, City of
Represented By: Kelly Kiertzner
Represented By: Reed E. Eriksson
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Defendant: Mary Buszek
Represented By: Michael W. Edmunds
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Defendant: John Doe
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Defendant: Quion Wheeler
Represented By: Michael W. Edmunds
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Defendant: Tawanda Plair
Represented By: Michael W. Edmunds
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Plaintiff: Stacy Swimp
Represented By: John T. Alexander
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