Kruse v. City of Elk River, The et al
| Kelsey Ann Kruse |
| City of Elk River, The, Elk River Police Department, David Williams, Eric Balabon, Joe Gacke, Brandon Martin, Clayton Aswegan, Kevin Heidt, Jon Christie, Brian Boos, Evan Patullo, Tyler Corrier, Adam Bebeau, Chris Morgan, Joe Firkus, Reid Ellanson, Jeanette Nelson, Todd Erickson, Wyatt Studniski, Nic Albert, Thomas Chaffin, Dave Windels, Dale Olmscheid, Derek Barett, Jeff Garcia, County of Sherburne, The, Sheburne County Health and Human Services, Sherburne County, Minnesota Child Protection Services, Sarah Boonstra, Ashton Minke, Julie Ann Mlsna, Danette Bird, John Doe and Mary Rowe |
| 0:2023cv02207 |
| July 25, 2023 |
| US District Court for the District of Minnesota |
| Nancy E Brasel |
| Tony N Leung |
| John R Tunheim |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 Reply to Response to Motion re #7 First MOTION to Dismiss/General filed by Derek Barett, Danette Bird, Sarah Boonstra, County of Sherburne, The, Ashton Minke, Julie Ann Mlsna, Sheburne County Health and Human Services, Sherburne County, Minnesota Child Protection Services. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Alsadi, Samantha) |
| Filing 22 REPLY re #19 Memorandum in Opposition to Motion, #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6) filed by Nic Albert, Clayton Aswegan, Eric Balabon, Adam Bebeau, Brian Boos, Thomas Chaffin, Jon Christie, City of Elk River, The, Tyler Corrier, Elk River Police Department, Reid Ellanson, Todd Erickson, Joe Firkus, Joe Gacke, Jeff Garcia, Kevin Heidt, Brandon Martin, Chris Morgan, Jeanette Nelson, Dale Olmscheid, Evan Patullo, Wyatt Studniski, David Williams, Dave Windels. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Flynn, Joseph) |
| Filing 21 AFFIDAVIT of Rich Hechter in OPPOSITION TO #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6), #7 First MOTION to Dismiss/General filed by Kelsey Ann Kruse.(Hechter, Richard) |
| Filing 20 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by All Plaintiffs re #19 Memorandum in Opposition to Motion filed by Kelsey Ann Kruse.(Hechter, Richard) |
| Filing 19 MEMORANDUM in Opposition re #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6), #7 First MOTION to Dismiss/General filed by Kelsey Ann Kruse.(Hechter, Richard) |
Filing 18
ORDER OF REASSIGNMENT OF RELATED CASES. This case is reassigned to Judge John R. Tunheim for all further proceedings. Judge Nancy E. Brasel no longer assigned to case. NOTE: the new case number is 23-cv-2207 JRT/TNL. Please use this case number for all subsequent pleadings. Signed by Judge John R. Tunheim and Judge Nancy E. Brasel on 8/2/2023. (ACH)
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| Filing 17 PROPOSED ORDER TO JUDGE re #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6) filed by Nic Albert, Clayton Aswegan, Eric Balabon, Adam Bebeau, Brian Boos, Thomas Chaffin, Jon Christie, City of Elk River, The, Tyler Corrier, Elk River Police Department, Reid Ellanson, Todd Erickson, Joe Firkus, Joe Gacke, Jeff Garcia, Kevin Heidt, Brandon Martin, Chris Morgan, Jeanette Nelson, Dale Olmscheid, Evan Patullo, Wyatt Studniski, David Williams, Dave Windels.(Flynn, Joseph) |
| Filing 16 MEET and CONFER STATEMENT re #13 Motion to Dismiss/General, filed by Nic Albert, Clayton Aswegan, Eric Balabon, Adam Bebeau, Brian Boos, Thomas Chaffin, Jon Christie, City of Elk River, The, Tyler Corrier, Elk River Police Department, Reid Ellanson, Todd Erickson, Joe Firkus, Joe Gacke, Jeff Garcia, Kevin Heidt, Brandon Martin, Chris Morgan, Jeanette Nelson, Dale Olmscheid, Evan Patullo, Wyatt Studniski, David Williams, Dave Windels.(Flynn, Joseph) |
| Filing 15 MEMORANDUM in Support re #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6) filed by Nic Albert, Clayton Aswegan, Eric Balabon, Adam Bebeau, Brian Boos, Thomas Chaffin, Jon Christie, City of Elk River, The, Tyler Corrier, Elk River Police Department, Reid Ellanson, Todd Erickson, Joe Firkus, Joe Gacke, Jeff Garcia, Kevin Heidt, Brandon Martin, Chris Morgan, Jeanette Nelson, Dale Olmscheid, Evan Patullo, Wyatt Studniski, David Williams, Dave Windels. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Flynn, Joseph) |
| Filing 14 NOTICE OF HEARING ON MOTION #13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6) : Motion Hearing set for 11/20/2023 at 10:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Flynn, Joseph) |
| Filing 13 MOTION to Dismiss/General PURSUANT TO RULE 12(b)(6) filed by Nic Albert, Clayton Aswegan, Eric Balabon, Adam Bebeau, Brian Boos, Thomas Chaffin, Jon Christie, City of Elk River, The, Tyler Corrier, Elk River Police Department, Reid Ellanson, Todd Erickson, Joe Firkus, Joe Gacke, Jeff Garcia, Kevin Heidt, Brandon Martin, Chris Morgan, Jeanette Nelson, Dale Olmscheid, Evan Patullo, Wyatt Studniski, David Williams, Dave Windels. (Flynn, Joseph) |
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Filing 12
TEXT ONLY ORDER: Due to the pending Motion to Dismiss #7 , the Court finds there is good cause to delay the entry of a pretrial scheduling order. Within 30 days of the motion being decided, the parties shall contact the chambers of Magistrate Judge Tony Leung, by e-mail, for the purpose of scheduling the pretrial conference. Ordered by Magistrate Judge Tony N. Leung on 7/31/2023. (HAM)
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| Filing 11 AMENDED NOTICE OF HEARING ON MOTION #7 First MOTION to Dismiss/General : Motion Hearing set for 11/20/2023 at 10:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Andreen, James) Modified text on 8/1/2023 (ABR). |
| Filing 10 MEET and CONFER STATEMENT re #7 Motion to Dismiss/General, filed by Derek Barett, Danette Bird, Sarah Boonstra, County of Sherburne, The, Ashton Minke, Julie Ann Mlsna, Sheburne County Health and Human Services, Sherburne County, Minnesota Child Protection Services.(Andreen, James) |
| Filing 9 MEMORANDUM in Support re #7 First MOTION to Dismiss/General filed by Derek Barett, Danette Bird, Sarah Boonstra, County of Sherburne, The, Ashton Minke, Julie Ann Mlsna, Sheburne County Health and Human Services, Sherburne County, Minnesota Child Protection Services. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Andreen, James) |
| Filing 8 NOTICE OF HEARING ON MOTION #7 First MOTION to Dismiss/General : Motion Hearing set for 11/10/2023 at 10:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Andreen, James) |
| Filing 7 First MOTION to Dismiss/General filed by Derek Barett, Danette Bird, Sarah Boonstra, County of Sherburne, The, Ashton Minke, Julie Ann Mlsna, Sheburne County Health and Human Services, Sherburne County, Minnesota Child Protection Services. (Andreen, James) |
| Filing 6 TEXT ONLY ENTRY: ORDER that #4 MOTION to Stay filed by Plaintiff Kelsey Ann Kruse is/are not properly before this court and therefore denied without prejudice. In order to be considered, any motion previously filed in state court must be refiled in compliance with the Federal Rules of Civil Procedure and the Local Rules of this District. Orders entered by the state court prior to removal remain in effect. Approved by the Court on 7/25/2023. (MKB) |
| Filing 5 TEXT ONLY ENTRY: NOTICE re #4 Motion to Stay is a copy of a document filed in Sherburne County District Court. (MKB) |
| Filing 4 MOTION for Stay Pending Resolution of Related Federal Action filed by Kelsey Ann Kruse. (MKB) |
| Filing 3 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Patrick Kennedy 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#. (MKB) |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Tony N. Leung. Please use case number 23-cv-2207 (NEB/TNL).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB) |
| Filing 1 NOTICE OF REMOVAL from Sherburne County District Court (filing fee $ 402, receipt number AMNDC-10429089) filed by Julie Ann Mlsna, Danette Bird, Sarah Boonstra, Derek Barett, The County of Sherburne, Sheburne County Health and Human Services, Ashton Minke, Sherburne County, Minnesota Child Protection Services. No summons requested. (Attachments: #1 Summons and Complaint, #2 Notice of Filing of Notice of Removal, #3 Exhibit(s) Notice of Motion and Motion for Stay Pending Resolution of Related Federal Action, #4 Exhibit(s) Consent to Removal, #5 Civil Cover Sheet) (Andreen, James) |
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