Clayton et al v. City of Oxford, Mississippi et al
| Shyjuan Clayton and The Estate of Dominique Clayton, Deceased |
| City of Oxford, Mississippi, Jeff McCutchen, Matthew Kinne and John and Jane Does 1-10 |
| 3:2021cv00174 |
| August 5, 2021 |
| US District Court for the Northern District of Mississippi |
| Neal B Biggers |
| Glen H Davidson |
| Roy Percy |
| Jane M Virden |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 66
ORDER granting #28 Motion to Dismiss; CASE CLOSED. Signed by Senior Judge Glen H. Davidson on 5/31/22. (jla)
|
|
Filing 65
MEMORANDUM OPINION. Signed by Senior Judge Glen H. Davidson on 5/31/22. (jla)
|
|
Filing 64
ORDER on Damages as to Matthew Kinne. Signed by Senior Judge Glen H. Davidson on 5/26/2022. (Attachments: #1 Exhibit 1) (jla)
|
|
Filing 63
Minute Entry for proceedings held before Senior Judge Glen H. Davidson: Court Statement Regarding Judgment made on 5/26/2022 --Exhibit Admitted. Order to follow. (Court Reporter Phyllis McLarty.) (mga)
|
|
Filing 62
NOTICE Cancelling Hearing on Damages. (mga)
|
|
Filing 61
ORDER CANCELLING HEARING. Signed by Senior Judge Glen H. Davidson on 5/24/2022. (mga)
|
|
Filing 60
Second MOTION to Continue Damages Hearing as to Defendant Matthew Kinne by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Exhibit Ex 1 - BC Criminal Trial Term May June 2022, #2 Exhibit Ex 2 - CLF to SC re Req to Withdraw (3-21-22), #3 Exhibit Ex 3 - CLF to SC re Follow Up Req to Withdraw (3-31-22)) (Carr, Michael)
|
|
Filing 59
AFFIDAVIT of Shyjuan Clayton. (Moore, Carlos)
|
|
Filing 58
ORDER denying #57 Motion to Continue Damages Hearing. Signed by Senior Judge Glen H. Davidson on 4/25/2022. (mga)
|
|
Filing 57
MOTION to Continue Damages Hearing by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Exhibit A- NBA Calendar of Events) (Moore, Carlos)
|
|
Filing 56
NOTICE of Hearing: Hearing on Damages set for 5/26/2022 02:00 PM in Oxford Courtroom 1 before Senior Judge Glen H. Davidson. (mga)
|
|
Filing 55
TEXT ONLY ORDER denying #54 Motion to Withdraw as Attorney for failure to comply with Local Uniform Civil Rule 83.1(b)(3), which provides that "An attorney may be released only on motion signed by the client(s) or upon a duly noticed motion to all parties, including the client." Attorney is directed to refile a motion that complies with the local rule. No further written order shall issue from this Court. Signed by Magistrate Judge Jane M. Virden on 3/14/2022. (bbf) (no document attached)
|
|
Filing 54
MOTION to Withdraw as Attorney by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Carr, Michael)
|
|
Filing 53
ORDER granting #50 Motion for Default Judgment against Matthew Kinne. Signed by Senior Judge Glen H. Davidson on 12/17/21. (jla)
|
|
Filing 52
NOTICE of Attorney Appearance by James A. Bryant on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased (Bryant, James)
|
|
Filing 51
REPLY to Response to Motion re #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment filed by City of Oxford, Mississippi, Jeff McCutchen. (Butler, Gregory) Modified on 5/31/2022 (jla).
|
|
Filing 50
MOTION for Default Judgment as to Defendant Matthew Kinne by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 49
MOTION for Default Judgment as to by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
CLERK'S SECOND NOTICE OF CORRECTION re #43 Notice of Attorney Appearance; Document to be refiled using the login credentials of signing attorney. Further, local counsel signature to be included on all filings as required by L.U.Civ.R. 83.1(d)3. (jla)
|
|
Filing 48
ORDER granting #47 Motion for Extension of Time to File Response/Reply re #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment . Replies due by 10/29/2021. Signed by Senior Judge Glen H. Davidson on 10/25/2021. (mga) Modified on 5/31/2022 (jla).
|
|
Filing 47
MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment (UNOPPOSED) by City of Oxford, Mississippi, Jeff McCutchen. (Butler, Gregory) Modified on 5/31/2022 (jla).
|
|
CLERK'S NOTICE OF CORRECTION re #46 MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment (UNOPPOSED); Document to be refiled using the login credentials of signing attorney. (jla)
|
|
Filing 46
MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment (UNOPPOSED) by City of Oxford, Mississippi, Jeff McCutchen. (Bland, Mallory) Modified on 5/31/2022 (jla).
|
|
CLERK'S NOTICE OF CORRECTION re #45 Memorandum in Support; All related filings to motion should be linked back to the original motion. Court staff has made the correction. (jla)
|
|
CLERK'S NOTICE OF CORRECTION re #43 Notice of Attorney Appearance; Document to be refiled using the login credentials of signing attorney. Further, local counsel signature to be included on all filings as required by L.U.Civ.R. 83.1(d)3. (jla)
|
|
Filing 45
MEMORANDUM IN SUPPORT re #44 Response in Opposition to Motion re #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos) Modified on 10/18/2021 (jla). Modified on 5/31/2022 (jla).
|
|
Filing 44
RESPONSE in Opposition re #28 MOTION TO DISMISS or Alternatively, MOTION for Summary Judgment filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Exhibit Exhibit 1 - OPD General Orders) (Moore, Carlos) Modified on 5/31/2022 (jla).
|
|
Filing 43
NOTICE of Attorney Appearance by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased (Moore, Carlos)
|
|
Filing 42
Clerk's ENTRY OF DEFAULT as to Matthew Kinne (jla)
|
|
Filing 41
MOTION for Entry of Default as to Matthew Kinne by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Affidavit in Support of Request for Entry of Default) (Moore, Carlos) Modified on 10/13/2021 (jla).
|
|
Filing 40
ORDER granting #20 Motion to Appear Pro Hac Vice; Attorney James A. Bryant. Signed by Magistrate Judge Jane M. Virden on 10/7/21. (jla)
|
|
Filing 39
ORDER denying #16 Motion to Disqualify Counsel. Signed by Magistrate Judge Jane M. Virden on 10/7/21. (ncb)
|
|
Filing 38
ORDER granting #37 Motion for Extension of Time to File Response/Reply re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment . Responses due by 10/15/2021. Signed by Senior Judge Glen H. Davidson on 9/29/2021. (mga)
|
|
Filing 37
Second MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment unopposed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 36
ORDER granting #35 Motion for Extension of Time to File Response/Reply re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment . Responses due by 9/28/2021. Signed by Senior Judge Glen H. Davidson on 9/27/2021. (mga)
|
|
Filing 35
MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 34
REPLY to Response to Motion re #16 MOTION to Disqualify Counsel filed by City of Oxford, Mississippi. (Butler, Gregory)
|
|
Filing 33
SUMMONS Returned Executed by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased Matthew Kinne served on 9/9/2021. (Moore, Carlos)
|
|
CLERK'S NOTICE OF CORRECTION re #32 Memorandum in Support; All related filings to motion should be linked back to the original motion. Court staff has made the correction. (jla)
|
|
Filing 32
MEMORANDUM IN SUPPORT re #31 Response in Opposition to Motion re #16 MOTION to Disqualify Counsel filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos) Modified on 9/20/2021 (jla).
|
|
Filing 31
RESPONSE in Opposition re #16 MOTION to Disqualify Counsel filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 30
ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 9/14/21. (ncb)
|
|
NOTICE cancelling Case Management Conference re #22 Notice of Conference; case stayed per #30 Order. (irw)
|
|
Filing 29
MEMORANDUM IN SUPPORT re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively MOTION for Summary Judgment filed by City of Oxford, Mississippi, Jeff McCutchen. (Butler, Gregory)
|
|
Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively, MOTION for Summary Judgment by City of Oxford, Mississippi, Jeff McCutchen. (Attachments: #1 Exhibit A - Kinne Judgment, #2 Exhibit B - Kinne Olive Branch Application, #3 Exhibit C - Modification Petition, #4 Exhibit D - Kinne Certification, #5 Exhibit E - Notice of Claim) (Butler, Gregory)
|
|
Set/Reset Deadlines as to #16 MOTION to Disqualify Counsel . Responses due by 9/16/2021; see Order #27 (jla)
|
|
Filing 27
ORDER granting #26 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have up to and including September 16, 2021, to respond to the Defendant City of Oxford, Mississippi's Motion to Disqualify Counsel [Doc. 16]. Signed by Magistrate Judge Jane M. Virden on 9/9/21. (ncb)
|
|
Filing 26
MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Disqualify Counsel by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 25
CLERK'S NOTICE of Incomplete Process as to Matthew Kinne (jla)
|
|
Filing 24
Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Conference held on 8/31/2021. (irw)
|
|
Filing 23
RESPONSE in Opposition re #20 MOTION to Appear Pro Hac Vice ; Attorney James A. Bryant,(Paid $150 PHV fee; receipt number AMSNDC-1991714) filed by City of Oxford, Mississippi. (Attachments: #1 Exhibit A - Declaration of G. Todd Butler) (Butler, Gregory)
|
|
Filing 22
NOTICE of Conference: Telephonic Case Management Conference set for 10/28/2021 at 10:00 AM before Magistrate Judge Jane M. Virden. (irw)
|
|
Filing 21
NOTICE of Conference: Telephonic Conference set for 8/31/2021 at 11:00 AM before Magistrate Judge Jane M. Virden. Call-in information is provided on the notice. (irw)
|
|
Filing 20
MOTION to Appear Pro Hac Vice ; Attorney James A. Bryant,(Paid $150 PHV fee; receipt number AMSNDC-1991714) by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Exhibit A - Application for Admissions Pro Hac Vice, #2 Exhibit B - Order to Show Cause, #3 Exhibit C - Certificate of Good Standing) (Moore, Carlos)
|
|
Remark: CD labeled as Exhibit A re #16 Motion to Disqualify Counsel received and on file in Oxford clerk's office. (jtm)
|
|
Case Reassigned to Magistrate Judge Jane M. Virden. Magistrate Judge Roy Percy no longer assigned to the case. (jtm)
|
|
Filing 19
NOTICE OF CONVENTIONAL FILING of Exhibit A to Motion to Disqualify Counsel #16 by Mallory Kaye Bland on behalf of City of Oxford, Mississippi. (Bland, Mallory)
|
|
Filing 18
NOTICE OF CONVENTIONAL FILING of Exhibit A to Motion to Disqualify Counsel #16 by Gregory Todd Butler on behalf of City of Oxford, Mississippi. (Butler, Gregory)
|
|
Filing 17
MEMORANDUM IN SUPPORT re #16 MOTION to Disqualify Counsel filed by City of Oxford, Mississippi. (Butler, Gregory)
|
|
Filing 16
MOTION to Disqualify Counsel by City of Oxford, Mississippi. (Attachments: #1 Exhibit A - Video Press Conference, filed conventionally, #2 Exhibit B - Counsel email thread) (Butler, Gregory)
|
|
Filing 15
NOTICE of Conference: Status Conference set for 8/27/2021 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. (rtc)
|
|
CLERK'S NOTICE OF CORRECTION re #18 Notice of Conventional Filing --- Document to be refiled using the login credentials of signing attorney. (edc)
|
|
Filing 14
PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on MBI, Lt. Brian Sullivant on 08/24/2021 by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 13
PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on MBI, Captain Craig Bishop on 08/24/2021 by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 12
PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on City of Oxford, Ashley Atkinson on 08/24/2021 by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 11
PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on City of Olive Branch, Tena Stewart, City Clerk on 08/24/2021 by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
|
|
Filing 10
ORDER OF RECUSAL. Senior Judge Neal B. Biggers recused. Case reassigned to Senior Judge Glen H. Davidson for all further proceedings. Signed by Senior Judge Neal B. Biggers on 8/11/2021. (jwr)
|
|
Filing 9
INITIAL ORDER - RULE 16.1 Case Management Conference set for 10/28/2021 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 8/10/2021. (rtc)
|
|
Filing 8
ORDER granting #7 Motion for Extension of Time to Answer. City of Oxford, Mississippi; Jeff McCutchen answer due 10/5/2021. Signed by Magistrate Judge Roy Percy on 8/10/2021. (yf)
|
|
Filing 7
MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED) by City of Oxford, Mississippi, Jeff McCutchen. (Butler, Gregory)
|
|
Filing 6
SUMMONS Returned Executed by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased Jeff McCutchen served on 8/5/2021. (Moore, Carlos)
|
|
Filing 5
SUMMONS Returned Executed by Carlos Eugene Moore on behalf of Shyjuan Clayton, The Estate of Dominique Clayton, Deceased City of Oxford, Mississippi served on 8/5/2021. (Moore, Carlos)
|
|
Filing 4
NOTICE of Attorney Appearance by Mallory Kaye Bland on behalf of City of Oxford, Mississippi, Jeff McCutchen (Bland, Mallory)
|
|
Filing 3
NOTICE of Attorney Appearance by Gregory Todd Butler on behalf of City of Oxford, Mississippi, Jeff McCutchen (Butler, Gregory)
|
|
Filing 2
Summons Issued as to City of Oxford, Mississippi, Matthew Kinne, Jeff McCutchen; emailed to Attorney for service. (jla)
|
|
Filing 1
COMPLAINT, Jury Demand, Filing fee $ 402, receipt number MSN300027965, filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Attachments: #1 Civil Cover Sheet) (tab)
|
|
NOTICE OF ASSIGNMENT. Case assigned to Judge Neal B Biggers and Magistrate Judge Roy Percy. (tab)
|
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 Mississippi Northern 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.
