Zelmer v. Merrill et al
| David R. Zelmer |
| Kristin M. Merrill and Amber Glendening |
| Facilitative Mediator |
| 1:2021cv00916 |
| October 29, 2021 |
| US District Court for the Western District of Michigan |
| Jane M Beckering |
| Sally J Berens |
| Robert J Jonker |
| Paul L Maloney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Other Civil Rights |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 JUDGMENT in favor of Defendants against Plaintiff; signed by District Judge Jane M. Beckering (lep) |
Filing 55
OPINION AND ORDER granting motion for summary judgment #45 ; denying motion for summary judgment #42 , corrected by #47 ; judgment to issue; signed by District Judge Jane M. Beckering (lep)
|
| Filing 54 REPLY to response to motion #45 with word count concurrence and a certificate of service filed by Amber Glendening, Kristin M. Merrill (Rothermel, Scott) |
| Filing 53 REPLY to response to motion #42 with Certificate of Compliance Regarding Word Count Concurrence and Certificate of Service filed by David R. Zelmer (Buckleitner, Anne) |
| Filing 52 RESPONSE in opposition to MOTION for summary judgment with Motion Concurrence Statement and a Certificate of Service #45 filed by David R. Zelmer (Attachments: #1 Exhibit 1 Excerpts Dep Kristin M Merrill, #2 Exhibit 2 Excerpts Dep Gary Kercher) (Buckleitner, Anne) Modified text on 4/21/2023 (pjw). |
| Filing 51 CORRECTED RESPONSE TO MOTION for summary judgment Pursuant to FRCP 56 #42 filed by Amber Glendening, Kristin M. Merrill (Rothermel, Scott) Modified text on 4/14/2023; this entry replaces #50 (mlc). |
| Filing 50 RESPONSE TO MOTION for summary judgment Pursuant to FRCP 56 #42 with a Certificate of Service filed by Amber Glendening, Kristin M. Merrill (Rothermel, Scott) |
| Filing 49 CERTIFICATE OF SERVICE by plaintiff David R. Zelmer re Brief in Support of a Motion,,, #48 , CORRECTED MOTION for summary judgment Pursuant to FR Civ P 56 #47 (Buckleitner, Anne) |
| Filing 48 BRIEF in support of CORRECTED MOTION for summary judgment Pursuant to FR Civ P 56 #47 Oral Argument Requested filed by David R. Zelmer (Attachments: #1 Exhibit 1 Order of Probation, #2 Exhibit 2 MDOC Authorization, #3 Exhibit 3 Exh 13-34 from Dep. of K Merrill, #4 Exhibit 4 Longley Prog Notes 4/2, 4/11/2019, #5 Exhibit 5 Longley Prog Notes 4/4, 4/10/2019, #6 Exhibit 6 Email exchanges, #7 Exhibit 7 Probation Violation Reports, #8 Exhibit 8 Excerpts Probation Violation Hearing 4-30-2019, #9 Exhibit 9 Email exchange b/w K Merrill and A Glendening, #10 Exhibit 10 Excerpt from Manual for District Court Probation Officers, #11 Exhibit 11 Excerpts Dep David Zelmer, #12 Exhibit 12 Excerpts Dep Kristin Merrill, #13 Exhibit 13 Excerpts Dep Don Matson, #14 Exhibit 14 Excerpts Dep Melissa Longley, #15 Exhibit 15 Excerpts Deps Abigail Eiler, #16 Exhibit 16 Excerpts Dep Gary Kercher) (Buckleitner, Anne) Modified text on 3/24/2023 (eod) |
| Filing 47 CORRECTED MOTION for summary judgment Pursuant to FR Civ P 56 by plaintiff David R. Zelmer; (Buckleitner, Anne) |
| Filing 46 BRIEF in support of MOTION for summary judgment with Motion Concurrence Statement and a Certificate of Service #45 with word count concurrence and a certificate of service filed by Amber Glendening, Kristin M. Merrill (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Rothermel, Scott) |
| Filing 45 MOTION for summary judgment with Motion Concurrence Statement and a Certificate of Service by defendants Amber Glendening, Kristin M. Merrill; (Rothermel, Scott) |
| Filing 44 JOINT STATEMENT of material facts Not in Dispute (Rothermel, Scott) Modified text on 3/24/2023 (eod) |
| Filing 43 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for summary judgment Pursuant to FRCP 56 #42 filed by David R. Zelmer (Buckleitner, Anne) |
| Filing 42 MOTION for summary judgment Pursuant to FRCP 56 by plaintiff David R. Zelmer; (Attachments: #1 Exhibit Order of Probation, #2 Exhibit MDOC Authorization, #3 Exhibit Exh 13-34 from Dep. of K Merrill, #4 Exhibit Longley Prog Notes 4/2, 4/11/2019, #5 Exhibit Longley Prog Notes 4/4, 4/10/2019, #6 Exhibit Email exchanges, #7 Exhibit Probation Violation Reports, #8 Exhibit Excerpts Probation Violation Hearing, #9 Exhibit Email exchange b/w K Merrill and A Glendening, #10 Exhibit Excerpt from Manual for District Court Probation Officers, #11 Exhibit Excerpts Dep David Zelmer, #12 Exhibit Excerpts Dep Kristin Merrill, #13 Exhibit Excerpts Dep Don Matson, #14 Exhibit Excerpts Dep Melissa Longley, #15 Exhibit Excerpts Dep Abigail Eiler, #16 Exhibit Excerpts Dep Gary Kercher) (Buckleitner, Anne) |
| Filing 41 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for Defendant's renotice Of taking deposition Of Mr. Gary Kercher (Rothermel, Scott) Modified text on 1/24/2023 (eod) |
| Filing 40 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for Defendant's Notice of taking Deposition of Ms. Abigail Eiler (Rothermel, Scott) |
| Filing 39 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for defendant's notice of taking deposition of Mr. Gary Kercher (Rothermel, Scott) Modified text on 1/13/2023 (eod) |
|
Filing 38
ORDER granting STIPULATION #37 ; extending ADR deadline; signed by District Judge Jane M. Beckering (rmw)
|
| Filing 37 STIPULATION and PROPOSED ORDER to Extend Mediation Deadline by defendants Amber Glendening, Kristin M. Merrill (Rothermel, Scott) |
| Filing 36 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for Notice of taking Deposition of Plaintiff David R. Zelmer #510885 (Rothermel, Scott) |
| Filing 35 CERTIFICATE OF SERVICE by plaintiff David R. Zelmer for Plaintiff's Expert Witness Reports re Fed.R.Civ.P 26(a)(2)(B) (Buckleitner, Anne) |
| Filing 34 CERTIFICATE OF MAILING by plaintiff David R. Zelmer for Pl Notice of Taking Deposition of Don Matson for the Michigan Department of Corrections (Buckleitner, Anne) |
| Filing 33 CERTIFICATE OF MAILING by plaintiff David R. Zelmer for Plaintiff's Disclosure of Retained Expert Witnesses Pursuant to Fed.R.Civ.P. 26(a)(2)(A) (Buckleitner, Anne) |
| Filing 32 CERTIFICATE OF MAILING by plaintiff David R. Zelmer for Plaintiff's Third Notice of Taking Deposition of M Longley, LMSW, LCSW (Buckleitner, Anne) |
| Filing 31 CERTIFICATE OF MAILING by plaintiff David R. Zelmer for Plaintiff's Second Notice of Taking Deposition of Melissa Longley, LMSW, LCSW (Buckleitner, Anne) |
| Filing 30 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for Defendants' Rule 26 Initial Disclosures (Rothermel, Scott) Modified text on 5/4/2022 (eod) |
| Filing 29 CERTIFICATE OF SERVICE by plaintiff David R. Zelmer for Plaintiff's Rule 26(a) Disclosures (Buckleitner, Anne) |
| Filing 28 CERTIFICATE OF SERVICE by defendants Amber Glendening, Kristin M. Merrill for Defendants documents provided to Plaintiffs' counsel, Pursuant to the courts Order #24 (Rothermel, Scott) Modified text on 4/1/2022 (eod) |
| VFM FEE RECEIVED in the amount of $25.00, check number 86447 as to plaintiff David R. Zelmer (mkc) |
| Filing 27 CERTIFICATE OF MAILING by plaintiff David R. Zelmer for Plaintiff's Notice of Taking Depositions of Kristin M. Merrill, and Melissa Longley, LMSW, LCSW (Buckleitner, Anne) |
| Filing 26 NOTICE of appointment of Facilitative Mediator Frederick D. Dilley ; plaintiff VFM fee to be submitted by 3/18/2022 defendant VFM fee to be submitted by 3/18/2022 (mkc) |
| Filing 25 SELECTION of Frederick D. Dilley as facilitative mediator by plaintiff David R. Zelmer (Buckleitner, Anne) |
|
Filing 24
CASE MANAGEMENT ORDER; signed by District Judge Jane M. Beckering (rmw)
|
| Filing 23 MINUTES of scheduling conference held before District Judge Jane M. Beckering (Court Reporter: (not recorded)) (rmw) |
| Filing 22 JOINT STATUS REPORT Rule 16 Scheduling Conference (Buckleitner, Anne) |
|
Filing 21
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 2/25/2022 at 01:30 PM at 601 Federal Building, Grand Rapids, MI before District Judge Jane M. Beckering; joint status report due by 2/18/2022; signed by District Judge Jane M. Beckering (rmw)
|
| Filing 20 AMENDED ANSWER to complaint #1 with affirmative defenses and jury demand with a Certificate of Service by Amber Glendening, Kristin M. Merrill (Rothermel, Scott) Modified text on 1/11/2022 (eod) |
| Filing 19 NOTICE that this case is reassigned to District Judge Jane M. Beckering under #Administrative Order No. 22-CA-01 ; Chief Judge Robert J. Jonker is no longer assigned to the case (mlc) |
| Filing 18 ANSWER to complaint #1 with affirmative defenses and jury demand with a Certificate of Service by Amber Glendening, Kristin M. Merrill (Rothermel, Scott) |
|
Filing 17
ORDER granting STIPULATION #15 extending time for MDOC Defendant Glendening to respond to complaint ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
|
|
Filing 16
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 2/17/2022 at 11:00 AM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 2/10/2022 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
|
| Filing 15 PROPOSED STIPULATION and ORDER to extend time for MDOC defendant Glendening to respond to plaintiffs' complaint by defendant Amber Glendening (Rothermel, Scott) Modified text on 11/23/2021 (eod) |
| Filing 14 DEMAND for TRIAL BY JURY by defendant Amber Glendening (Rothermel, Scott) |
| Filing 13 CERTIFICATE OF SERVICE by defendant Amber Glendening re Attorney Appearance (Rothermel, Scott) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Scott Richard Rothermel on behalf of defendant Amber Glendening (Rothermel, Scott) |
| Filing 12 SUMMONS returned executed; Kristin M. Merrill served on 11/5/2021, answer due 11/29/2021 (Buckleitner, Anne) Modified text on 11/17/2021 (eod) |
| Filing 11 SUMMONS returned executed; Amber Glendening served on 11/9/2021, answer due 11/30/2021 (Buckleitner, Anne) Modified text on 11/17/2021 (eod) |
|
Filing 10
ORDER granting STIPULATION #9 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
|
| Filing 9 PROPOSED STIPULATION and ORDER to extend time for MDOC defendant Merrill to respond to plaintiffs' complaint by defendant Kristin M. Merrill (Rothermel, Scott) Modified text on 11/16/2021 (eod) |
| Filing 8 DEMAND for TRIAL BY JURY by defendant Kristin M. Merrill (Rothermel, Scott) |
| Filing 7 CERTIFICATE OF SERVICE by defendant Kristin M. Merrill re Attorney Appearance (Rothermel, Scott) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Scott Richard Rothermel on behalf of defendant Kristin M. Merrill (Rothermel, Scott) |
|
Filing 6
NOTICE that this case is reassigned to Chief Judge Robert J. Jonker for all further proceedings pursuant to Order 5 by Judge Maloney; Judge Maloney no longer assigned to the case (eod)
|
|
Filing 5
ORDER OF RECUSAL: District Judge Paul L. Maloney recused from this case; case to be reassigned; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
|
| Filing 4 SUMMONS ISSUED as to defendants Amber Glendening, Kristin M. Merrill (eod) |
| Filing 3 NOTICE that this case has been assigned Paul L. Maloney (eod) |
| Filing 2 PROPOSED SUMMONS to be issued re #1 (Buckleitner, Anne) |
| Filing 1 COMPLAINT against All Defendants filed by David R Zelmer (Buckleitner, Anne) |
| FILING FEE PAID re #1 by plaintiff David R Zelmer in the amount of $402, receipt number AMIWDC-6582396 (Buckleitner, Anne) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Michigan Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
