Clayton et al v. City of Oxford, Mississippi et al
Plaintiff: Shyjuan Clayton and The Estate of Dominique Clayton, Deceased
Defendant: City of Oxford, Mississippi, Jeff McCutchen, Matthew Kinne and John and Jane Does 1-10
Case Number: 3:2021cv00174
Filed: August 5, 2021
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Neal B Biggers
Referring Judge: Glen H Davidson
2 Judge: Roy Percy
3 Judge: Jane M Virden
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2021 Opinion or Order 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)
September 29, 2021 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)
September 27, 2021 Opinion or Order 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)
September 27, 2021 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)
September 20, 2021 Filing 34 REPLY to Response to Motion re #16 MOTION to Disqualify Counsel filed by City of Oxford, Mississippi. (Butler, Gregory)
September 20, 2021 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)
September 20, 2021 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)
September 16, 2021 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).
September 16, 2021 Filing 31 RESPONSE in Opposition re #16 MOTION to Disqualify Counsel filed by Shyjuan Clayton, The Estate of Dominique Clayton, Deceased. (Moore, Carlos)
September 14, 2021 Opinion or Order Filing 30 ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 9/14/21. (ncb)
September 14, 2021 NOTICE cancelling Case Management Conference re #22 Notice of Conference; case stayed per #30 Order. (irw)
September 13, 2021 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)
September 13, 2021 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)
September 10, 2021 Set/Reset Deadlines as to #16 MOTION to Disqualify Counsel . Responses due by 9/16/2021; see Order #27 (jla)
September 9, 2021 Opinion or Order 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)
September 9, 2021 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)
September 7, 2021 Filing 25 CLERK'S NOTICE of Incomplete Process as to Matthew Kinne (jla)
August 31, 2021 Filing 24 Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Conference held on 8/31/2021. (irw)
August 27, 2021 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)
August 27, 2021 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)
August 27, 2021 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)
August 27, 2021 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)
August 27, 2021 Case Reassigned to Magistrate Judge Jane M. Virden. Magistrate Judge Roy Percy no longer assigned to the case. (jtm)
August 27, 2021 Remark: CD labeled as Exhibit A re #16 Motion to Disqualify Counsel received and on file in Oxford clerk's office. (jtm)
August 26, 2021 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)
August 26, 2021 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)
August 26, 2021 Filing 17 MEMORANDUM IN SUPPORT re #16 MOTION to Disqualify Counsel filed by City of Oxford, Mississippi. (Butler, Gregory)
August 26, 2021 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)
August 26, 2021 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)
August 26, 2021 CLERK'S NOTICE OF CORRECTION re #18 Notice of Conventional Filing --- Document to be refiled using the login credentials of signing attorney. (edc)
August 25, 2021 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)
August 25, 2021 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)
August 25, 2021 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)
August 25, 2021 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)
August 11, 2021 Opinion or Order 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)
August 10, 2021 Opinion or Order 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)
August 10, 2021 Opinion or Order 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)
August 9, 2021 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED) by City of Oxford, Mississippi, Jeff McCutchen. (Butler, Gregory)
August 9, 2021 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)
August 9, 2021 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)
August 9, 2021 Filing 4 NOTICE of Attorney Appearance by Mallory Kaye Bland on behalf of City of Oxford, Mississippi, Jeff McCutchen (Bland, Mallory)
August 9, 2021 Filing 3 NOTICE of Attorney Appearance by Gregory Todd Butler on behalf of City of Oxford, Mississippi, Jeff McCutchen (Butler, Gregory)
August 5, 2021 Filing 2 Summons Issued as to City of Oxford, Mississippi, Matthew Kinne, Jeff McCutchen; emailed to Attorney for service. (jla)
August 5, 2021 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)
August 5, 2021 NOTICE OF ASSIGNMENT. Case assigned to Judge Neal B Biggers and Magistrate Judge Roy Percy. (tab)

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Plaintiff: Shyjuan Clayton
Represented By: Carlos Eugene Moore
Represented By: Michael S. Carr
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Plaintiff: The Estate of Dominique Clayton, Deceased
Represented By: Carlos Eugene Moore
Represented By: Michael S. Carr
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Defendant: City of Oxford, Mississippi
Represented By: Gregory Todd Butler
Represented By: Mallory Kaye Bland
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Defendant: Jeff McCutchen
Represented By: Gregory Todd Butler
Represented By: Mallory Kaye Bland
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Defendant: Matthew Kinne
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Defendant: John and Jane Does 1-10
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