Bobinger et al v. Nelson et al
| Delilah Bobinger and Steven Waller |
| Tyrone Nelson, Mark Dunston, Nurse Harris, Patrick Pierce, Sutton Everett, Jonathan Carroll, Parker Bourque, Al Parker, Karla Brown, Jontavious Lett, Robert Verzal, Shoneeka Johnson, William Allen, Lauren Watkins, Chad Vidrine, Linda Whatley, Hayley McCauley, Jonathan Blakney, Angie Hand, Jenny Williams and Maria Douglas |
| 1:2023cv00259 |
| October 6, 2023 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| DOCKET ANNOTATION as to #49: This document should have been docketed by attorney Kenneth Altman. Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney's password issued by the court combined with the user's identification (login) serves as the attorney's signature for Rule 11 and other purposes. Attorneys should not permit other attorneys to use their login and password for any ECF filing. In the future, the attorney with the electronic signature must login and file document. (RLW) |
| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss by Delilah Bobinger (DiGiorgio - PHV, G.) |
| DOCKET ANNOTATION as to # 48: Incorrect linkage made. Memorandum in Support should be linked to #30 Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. A message advises the filer to link entry to original motion. Court staff has made the correction. (RLW) |
TEXT ONLY ORDER granting #49 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' response is now due by 1/4/2024. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 12/15/2023. (RGK)
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| Filing 48 MEMORANDUM IN SUPPORT re #47 Response in Opposition to Motion to Dismiss filed by Delilah Bobinger, Steven Waller (Altman, Kenneth) Modified on 12/15/2023 to create relationship to document #30 (RLW). |
| Filing 47 RESPONSE in Opposition re #30 MOTION to Dismiss filed by Delilah Bobinger, Steven Waller (Altman, Kenneth) |
| Filing 46 RESPONSE to Motion re #32 MOTION to Stay Case filed by Delilah Bobinger, Steven Waller (Altman, Kenneth) |
| Filing 45 NOTICE of Motion to Consolidate by Delilah Bobinger, Steven Waller (Attachments: #1 Attachment Motion to Consolidate Cases)(Altman, Kenneth) |
| Filing 44 ANSWER to #1 Complaint, by Nurse Harris.(Wheeler, John) |
| Filing 43 MEMORANDUM in Support re #42 MOTION to Dismiss filed by Parker Bourque, Jonathan Carroll, Mark Dunston, Al Parker, Patrick Pierce (Wilkinson, Robert) |
| Filing 42 MOTION to Dismiss by Parker Bourque, Jonathan Carroll, Mark Dunston, Al Parker, Patrick Pierce (Wilkinson, Robert) |
| ***Deadlines/Hearings terminated. Answer due date of 01/16/2024 terminated for Chad Vidrine because #41 document was filed incorrect. (RLW) |
| DOCKET ANNOTATION as to #39, #40 and #41: Attorney is advised that in the future when serving a Waiver, form AO 399 should be used, which can be found on the courts website. See previous docket annotation entered on 11/16/23 regarding this matter. DOCKET ANNOTATION as to #41: Incorrect event chosen. This entry will be disregarded. Attorney is advised to refile using the correct event, Waiver of Service Returned Executed. (RLW) |
| Filing 41 **ERROR**Disregard this entry. SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Chad Vidrine served on 10/31/2023, answer due 1/16/2024. (Altman, Kenneth) Modified on 12/5/2023. Answer for Chad Vidrine terminated (RLW). |
| Filing 40 WAIVER OF SERVICE Returned Executed by Delilah Bobinger, Steven Waller. William Allen waiver sent on 10/31/2023, answer due 1/16/2024. (Altman, Kenneth) |
| Filing 39 WAIVER OF SERVICE Returned Executed by Delilah Bobinger, Steven Waller. Lauren Watkins waiver sent on 10/31/2023, answer due 1/16/2024. (Altman, Kenneth) |
| Filing 38 Karla Brown's ANSWER to #1 Complaint, by Karla Brown.(Crosby, Michael) |
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TEXT ONLY ORDER granting #37 Unopposed Motion for Extension of Time to File Response/Reply as to #32 MOTION to Stay Case, #30 MOTION to Dismiss. Plaintiffs' responses are due by 12/14/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on November 29, 2023 (SK)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Stay Case , #30 MOTION to Dismiss by Delilah Bobinger, Steven Waller (Altman, Kenneth) |
| Filing 36 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Nurse Harris served on 11/17/2023, answer due 12/8/2023. (Altman, Kenneth) |
| Filing 35 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Patrick Pierce served on 11/17/2023, answer due 12/8/2023. (Altman, Kenneth) |
| Filing 34 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Al Parker served on 11/16/2023, answer due 12/7/2023. (Altman, Kenneth) |
| Filing 33 MEMORANDUM IN SUPPORT re #32 MOTION to Stay Case filed by William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Daniel) |
| Filing 32 MOTION to Stay Case by William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Daniel) |
| Filing 31 MEMORANDUM IN SUPPORT re #30 MOTION to Dismiss #1 Complaint filed by William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Daniel) |
| Filing 30 MOTION to Dismiss by William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Daniel) |
| Filing 29 WAIVER OF SERVICE Returned Executed by Chad Vidrine. Chad Vidrine waiver sent on 11/16/2023, answer due 1/16/2024. (Griffith, Daniel) |
| Filing 28 WAIVER OF SERVICE Returned Executed by Lauren Watkins. Lauren Watkins waiver sent on 11/16/2023, answer due 1/16/2024. (Griffith, Daniel) |
| Filing 27 WAIVER OF SERVICE Returned Executed by William Allen. William Allen waiver sent on 11/16/2023, answer due 1/16/2024. (Griffith, Daniel) |
| Filing 26 NOTICE of Appearance by Daniel J. Griffith on behalf of William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Daniel) |
| Filing 25 NOTICE of Appearance by M. Mckenzie Williamson Price on behalf of William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Price, M. Mckenzie) |
| Filing 24 NOTICE of Appearance by Mary McKay Griffith on behalf of William Allen, Jonathan Blakney, Karla Brown, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Chad Vidrine, Lauren Watkins, Linda Whatley (Griffith, Mary) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Delilah Bobinger, Steven Waller. Jenny Williams waiver sent on 11/10/2023, answer due 1/9/2024. (Altman, Kenneth) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Delilah Bobinger, Steven Waller. Angie Hand waiver sent on 11/10/2023, answer due 1/9/2024. (Altman, Kenneth) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Delilah Bobinger, Steven Waller. Maria Douglas waiver sent on 11/10/2023, answer due 1/9/2024. (Altman, Kenneth) |
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Filing 20
ORDER granting #4 Motion to Appear Pro Hac Vice; granting #5 Motion to Appear Pro Hac Vice; granting #6 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on November 16, 2023 (SK)
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| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Motion Hearing held on 11/16/2023 re #4 MOTION for George Richard DiGiorgio to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247019) filed by Delilah Bobinger, Steven Waller, #6 MOTION for Leila H. Watson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247035) filed by Delilah Bobinger, Steven Waller, #5 MOTION for Joel Thomas Caldwell to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247032) filed by Delilah Bobinger, Steven Waller with attorneys Kenneth Michael Altman, Joel Thomas Caldwell, G. Rick DiGiorgio, Leila H. Watson and Michael W. Crosby. (SR) |
| DOCKET ANNOTATION as to # 21 - # 23. Attorney is advised that in the future when serving a Waiver, form AO 399 should be used, which can be found on the courts website. (JCH) |
| Filing 19 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Parker Bourque served on 11/14/2023, answer due 12/5/2023. (Altman, Kenneth) |
| Filing 18 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Mark Dunston served on 11/14/2023, answer due 12/5/2023. (Altman, Kenneth) |
| Filing 17 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Jonathan Carroll served on 11/14/2023, answer due 12/5/2023. (Altman, Kenneth) |
| NOTICE of Hearing on Motion #5 MOTION for Joel Thomas Caldwell to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247032), #6 MOTION for Leila H. Watson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247035), #4 MOTION for George Richard DiGiorgio to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247019) : TELEPHONIC Motion Hearing RESET DUE TO A CONFLICT WITH COUNSEL FOR PLAINTIFFS' SCHEDULE for 11/16/2023 01:30 PM before Magistrate Judge Robert P. Myers Jr. Plaintiff will the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
| NOTICE of Hearing on Motion #5 MOTION for Joel Thomas Caldwell to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247032), #6 MOTION for Leila H. Watson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247035), #4 MOTION for George Richard DiGiorgio to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247019) : TELEPHONIC Motion Hearing set for 11/16/2023 09:45 AM before Magistrate Judge Robert P. Myers Jr. Movant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) |
| Filing 16 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Hayley McCauley served on 11/7/2023, answer due 11/28/2023. (Altman, Kenneth) |
| Filing 15 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Linda Whatley served on 11/5/2023, answer due 11/27/2023. (Altman, Kenneth) |
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TEXT ONLY ORDER granting #14 Motion for Extension of Time to File Answer re #1 Complaint. Karla Brown answer due 12/6/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on November 7, 2023 (SK)
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| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, by Karla Brown (Crosby, Michael) |
| Filing 13 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Shoneeka Johnson served on 11/4/2023, answer due 11/27/2023. (Altman, Kenneth) |
| Set/Reset Deadlines: Jonathan Blakney answer due 11/16/2023; Tyrone Nelson answer due 11/16/2023, per service date on #10 Summons and #11 Summons. (RLW) |
| Filing 12 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Jontavious Lett served on 10/30/2023, answer due 11/20/2023. (Altman, Kenneth) |
| DOCKET ANNOTATION as to #10 and #11: Incorrect service was entered. The correct service date is 10/26/23 per the proofs of service. Court staff corrected answer due date for Tyrone Nelson and Jonathan Blakney. (RLW) Modified on 10/30/2023 to correct defendant's name (RLW). |
| Filing 11 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Jonathan Blakney served on 10/24/2023, answer due 11/14/2023. (Altman, Kenneth) |
| Filing 10 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Tyrone Nelson served on 10/24/2023, answer due 11/14/2023. (Altman, Kenneth) |
| Filing 9 **DISREGARD**SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Jonathan Blakney served on 10/26/2023. (Fitzgerald, Christopher) Modified on 10/27/2023 (JCH). |
| Filing 8 **DISREGARD**SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Tyrone Nelson served on 10/26/2023 (Fitzgerald, Christopher) Modified on 10/27/2023 (JCH). |
| DOCKET ANNOTATION as to # 8 and # 9. Per phone call from attorney, these documents should have been filed by Kenneth Altman, not Christopher Fitzgerald. Attorney's office will re-file the documents under the correct attorney login and these documents will be disregarded on the docket. (JCH) |
| ***Answer Deadline terminated. (JCH) |
| DOCKET ANNOTATION as to #7: Advising attorney that the name of the defendant that the Notice of Appearance is on behalf of should have been listed in the Notice, Karla Brown, not Tyrone Nelson, et al. (RLW) |
| Filing 7 NOTICE of Appearance by Michael W. Crosby on behalf of Karla Brown (Crosby, Michael) |
| Filing 6 MOTION for Leila H. Watson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247035) by Delilah Bobinger, Steven Waller (Attachments: #1 Attachment Leila H. Watson)(Altman, Kenneth) |
| Filing 5 MOTION for Joel Thomas Caldwell to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247032) by Delilah Bobinger, Steven Waller (Attachments: #1 Attachment Certificate of Good Standing)(Altman, Kenneth) |
| Filing 4 MOTION for George Richard DiGiorgio to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5247019) by Delilah Bobinger, Steven Waller (Attachments: #1 Attachment Certificate of Good Standing)(Altman, Kenneth) |
| Filing 3 SUMMONS Returned Executed by Delilah Bobinger, Steven Waller. Karla Brown served on 10/16/2023, answer due 11/6/2023. (Altman, Kenneth) |
| Filing 2 Summons Issued as to William Allen, Jonathan Blakney, Parker Bourque, Karla Brown, Jonathan Carroll, Maria Douglas, Mark Dunston, Sutton Everett, Angie Hand, Nurse Harris, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Al Parker, Patrick Pierce, Robert Verzal, Chad Vidrine, Lauren Watkins, Linda Whatley, Jenny Williams. (wld) |
| Filing 1 COMPLAINT with jury demand against William Allen, Jonathan Blakney, Parker Bourque, Karla Brown, Jonathan Carroll, Maria Douglas, Mark Dunston, Sutton Everett, Angie Hand, Nurse Harris, Shoneeka Johnson, Jontavious Lett, Hayley McCauley, Tyrone Nelson, Al Parker, Patrick Pierce, Robert Verzal, Chad Vidrine, Lauren Watkins, Linda Whatley, Jenny Williams ( Filing fee $ 402 receipt number 1517), filed by Delilah Bobinger, Steven Waller. (Attachments: #1 Civil Cover Sheet)(wld) |
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