Miller v. City of Excelsior, Minnesota et al
| David Miller |
| City of Excelsior, Minnesota, Brian Tholen and Officer John Doe |
| 0:2022cv00762 |
| March 29, 2022 |
| US District Court for the District of Minnesota |
| John F Docherty |
| Eric C Tostrud |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.
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Filing 34
SCHEDULING ORDER: Joinder of Parties due by 11/30/2022. Amended Pleadings due by 12/23/2022. Fact Discovery due by 11/18/2022. Motions (non-disp) due 1/20/2023. Motions (disp) due by 2/20/2023. Ready for trial due by 6/19/2023. Signed by Magistrate Judge John F. Docherty on 5/19/2022.(TJS)
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Filing 33
(Text-Only) Minute Entry for proceedings held before Magistrate Judge John F. Docherty: Pretrial Conference held on 5/19/2022. Pretrial Scheduling Order to issue. (TJS)
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Filing 32
DECLARATION of Amy Edwards in Opposition to #11 First MOTION for Preliminary Injunction filed by City of Excelsior, Minnesota, John Doe, Brian Tholen. (Attachments: #1 Exhibit(s) A and B)(Mills, Monte)
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Filing 31
DECLARATION of Emily M. McAdam in Opposition to #11 First MOTION for Preliminary Injunction filed by City of Excelsior, Minnesota, John Doe, Brian Tholen. (Attachments: #1 Exhibit(s) A-E)(Mills, Monte)
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Filing 30
DECLARATION of Sergeant Jim Williams in Opposition to #11 First MOTION for Preliminary Injunction filed by City of Excelsior, Minnesota, John Doe, Brian Tholen. (Attachments: #1 Exhibit(s) A)(Mills, Monte)
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Filing 29
MEMORANDUM in Opposition re #11 First MOTION for Preliminary Injunction filed by City of Excelsior, Minnesota, John Doe, Brian Tholen. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Mills, Monte)
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Filing 28
REPORT of Rule 26(f) Planning Meeting. Filed by David Miller. Jointly Signed by City of Excelsior, Minnesota and Brian Tholen.(Markese, David)
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Filing 27
ORDER/NOTICE OF PRETRIAL CONFERENCE: Rule 26 Meeting Report and confidential letters due by 5/12/2022. Pretrial Conference set for 5/19/2022 at 09:00 AM via Telephone Conference (no courtroom) before Magistrate Judge John F. Docherty. Signed by Magistrate Judge John F. Docherty on 4/28/2022. (Attachments: #1 26(f) Template, #2 Consent Form)(TJS)
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Filing 26
ORDER on #24 Stipulation and Joint Request to Modify Briefing Schedule on Plaintiff's Motion for Preliminary Injunction. Defendants' oppositional brief shall be filed on or before May 16, 2022. Plaintiff's reply brief, if any, shall be filed on or before May 30, 2022. Signed by Judge Eric C. Tostrud on 4/27/2022.(RMM)
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Filing 25
PROPOSED ORDER TO JUDGE re #24 Stipulation,. (Mills, Monte)
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Filing 24
STIPULATION and Joint Request to Modify Briefing Schedule on Plaintiff's Motion for Preliminary Injunction by City of Excelsior, Minnesota, John Doe, Brian Tholen. Jointly Signed by City of Excelsior, Minnesota, Brian Tholen, Officer John Doe, and David Miller. (Mills, Monte)
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Filing 23
(Text-Only) NOTICE of Resetting of Hearing: The hearing on Plaintiff David Miller's Motion for Preliminary Injunction #11 is rescheduled to 6/2/2022 at 11:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. Time change only.(RMM)
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Filing 22
Defendants' ANSWER to Complaint filed by City of Excelsior, Minnesota, John Doe, Brian Tholen. (Mills, Monte)
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Filing 21
NOTICE of Appearance by Emily Muirhead McAdam on behalf of City of Excelsior, Minnesota, John Doe, Brian Tholen. (McAdam, Emily)
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Filing 20
NOTICE of Appearance by Katherine M. Swenson on behalf of City of Excelsior, Minnesota, John Doe, Brian Tholen. (Swenson, Katherine)
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Filing 19
NOTICE of Appearance by Monte A Mills on behalf of City of Excelsior, Minnesota, John Doe, Brian Tholen. (Mills, Monte)
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Filing 18
(Text-Only) ORDER: Plaintiff David Miller's Motion for Preliminary Injunction [ECF No. 11] will be heard on a non-expedited basis and briefed in accordance with Local Rule 7.1(c). A hearing on the motion will be held on 6/2/2022 at 10:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. Plaintiff is to promptly serve Defendant with a copy of the Order. Signed by Judge Eric C. Tostrud on 4/22/2022.(RMM)
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Filing 17
SUMMONS Returned Executed by David Miller. Brian Tholen served on 4/11/2022, answer due 5/2/2022. (Kellum, Nathan)
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Filing 16
SUMMONS Returned Executed by David Miller. City of Excelsior, Minnesota served on 4/5/2022, answer due 4/26/2022. (Kellum, Nathan)
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Filing 15
MEMORANDUM in Support re #11 First MOTION for Preliminary Injunction filed by David Miller. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Kellum, Nathan)
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Filing 14
Declaration of Nathan W. Kellum re #11 First MOTION for Preliminary Injunction filed by David Miller. (Attachments: #1 Exhibit(s) Index of Exhibit to MPI, #2 Exhibit(s) A-Zoning Map, #3 Exhibit(s) B-Ordinance 16-105, #4 Exhibit(s) C-Ordinance 10-511, #5 Exhibit(s) D-Event Permit, #6 Exhibit(s) E-Email Exchange, #7 Exhibit(s) F-Counsel Letter, #8 Exhibit(s) G-Opposing Counsel Letter, #9 Exhibit(s) H-Email Exhange)(Kellum, Nathan) Modified text on 4/20/2022 (MMP).
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Filing 13
DOCUMENT FILED IN ERROR PER HD CALL FROM COUNSEL - WILL REFILE - EXHIBIT List re #11 First MOTION for Preliminary Injunction filed by David Miller. ATTACHMENTS FILED IN ERROR PER HD CALL FROM COUNSEL - WILL REFILE (Attachments: #1 Exhibit(s) A-Zoning Map, #2 Exhibit(s) B-Code 16-105, #3 Exhibit(s) C-Code 10-511, #4 Exhibit(s) D-Events Permit, #5 Exhibit(s) E-Email, #6 Exhibit(s) F-Counsel Letter, #7 Exhibit(s) G-Opposing Counsel Letter, #8 Exhibit(s) H-Email)(Kellum, Nathan) Modified text on 4/19/2022 (MMP).
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Filing 12
NOTICE OF HEARING ON MOTION #11 First MOTION for Preliminary Injunction : Date and time to be determined. (Kellum, Nathan)
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Filing 11
First MOTION for Preliminary Injunction filed by David Miller. (Kellum, Nathan)
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Filing 10
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney David Markese for David Miller. Approved by Magistrate Judge John F. Docherty on 4/6/2022. (JGK)
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Filing 9
(Text-Only) ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Frederick H Nelson for David Miller. Approved by Magistrate Judge John F. Docherty on 4/6/2022. (JGK)
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Filing 8
(Text-Only) ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Nathan W Kellum for David Miller. Approved by Magistrate Judge John F. Docherty on 3/31/2022. (ABR)
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Filing 7
MOTION for Admission Pro Hac Vice for Attorney Nathan W. Kellum. Filing fee $ 100, receipt number AMNDC-9415916 filed by David Miller. (Diehl, Samuel)
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Filing 6
MOTION for Admission Pro Hac Vice for Attorney Frederick H. Nelson. Filing fee $ 100, receipt number AMNDC-9415912 filed by David Miller. (Diehl, Samuel)
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Filing 5
MOTION for Admission Pro Hac Vice for Attorney David J. Markese. Filing fee $ 100, receipt number AMNDC-9415894 filed by David Miller. (Diehl, Samuel)
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Filing 4
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Federick H. Nelson, Nathan W. Kellum, David J. Markese as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (KDS)
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Filing 3
Summons Issued as to City of Excelsior, Minnesota, John Doe, Brian Tholen. (KDS)
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Filing 2
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge John F. Docherty. Please use case number 22-cv-762 ECT/JFD. (KDS)
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Filing 1
COMPLAINT Plaintiff David Miller against All Defendants (filing fee $ 402, receipt number AMNDC-9414792) filed by David Miller. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Diehl, Samuel)
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