Carruth v. Magee et al
Plaintiff: Tyler Carruth
Defendant: John Does 1-10, City of Collins, Mississippi and Officer Paul F. Magee
Case Number: 2:2021cv00040
Filed: March 19, 2021
Court: US District Court for the Southern District of Mississippi
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
2 Judge: Michael T Parker
3 Judge: Keith Starrett
Nature of Suit: Motor Vehicle
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2021 Opinion or Order Filing 9 ORDER, Defendants' Motion to Dismiss #4 filed in this case is denied as moot. All further Court orders will be filed in the consolidated case. Signed by District Judge Keith Starrett on 05/05/2021. (CS)
April 19, 2021 Opinion or Order Reset Hearings: Telephone Conference reset for 4/20/2021 1:30 PM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. (KPM)
April 19, 2021 Opinion or Order Set Hearings: Telephone Conference set for 4/20/2021 01:00 PM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. (AS)
April 16, 2021 Opinion or Order Filing 8 ORDER CONSOLIDATING CASES. This case is hereby consolidated for all purposes, including trial with Civil Action No. 2:21-cv-36-KS-MTP. Pursuant to Local Rule 42, all future pleadings and filings shall be filed in Civil Action No. 2:21-cv-36-KS-MTP. Signed by Magistrate Judge Michael T. Parker on 4/16/2021. (LDR)
April 16, 2021 Opinion or Order Case reassigned to District Judge Keith Starrett and Magistrate Judge Michael T. Parker, pursuant to #8 Order Consolidating Cases. (LDR)
April 15, 2021 Opinion or Order TEXT ONLY ORDER granting in part and denying in part as moot Plaintiff's #7 Motion to Stay Proceedings and for Other Relief. While Plaintiff asks the Court to stay proceedings, the proceedings are currently stayed pending ruling on Defendants' pending #4 Motion to Dismiss, such that this portion of Plaintiff's #7 Motion is moot. See Mar. 31, 2021, Text Order. To the extent Plaintiff seeks additional time to respond to Defendants' #4 Motion to Dismiss, the Court will grant Plaintiff's request. Plaintiff's Response to Defendants' #4 Motion to Dismiss is now due on or before April 22, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on April 15, 2021. (ENW)
April 12, 2021 Opinion or Order Filing 7 MOTION to Stay Proceedings and for Other Relief by Tyler Carruth (Germany, Robert)
April 6, 2021 Opinion or Order TEXT ONLY ORDER denying without prejudice Defendants' #6 Motion to Consolidate this case with Civil Action No. 2:21-cv-36. Defendants may reassert the Motion in the other case, which bears the lower number. See L.U. Civ. R. 42 ("In civil actions consolidated under FED. R. CIV. P.42(a), the action bearing the lower or lowest docket number will control the designation of the district or magistrate judge before whom the motion to consolidate is noticed; the docket number will also determine the judge before whom the case or cases will be tried."). NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on April 6, 2021. (ENW)
April 5, 2021 Opinion or Order Filing 6 MOTION to Consolidate Cases by City of Collins, Mississippi, Paul F. Magee (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Motion to Dismiss and Memorandum in Support)(Dossett, Robert)
March 31, 2021 Opinion or Order TEXT ONLY ORDER staying proceedings. Defendants' #4 Motion to Dismiss asserts lack of jurisdiction and immunity. Pursuant to Local Uniform Civil Rule 16(b)(3)(B), proceedings in this matter are stayed pending briefing and ruling on Defendants' #4 Motion to Dismiss. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/31/2021 (AG)
March 30, 2021 Opinion or Order Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss filed by City of Collins, Mississippi, Paul F. Magee (Hicks, Clark)
March 30, 2021 Opinion or Order Filing 4 MOTION to Dismiss by City of Collins, Mississippi, Paul F. Magee (Hicks, Clark)
March 30, 2021 Opinion or Order Filing 3 NOTICE of Appearance by Robert Lane Dossett on behalf of City of Collins, Mississippi, Paul F. Magee (Dossett, Robert)
March 19, 2021 Opinion or Order Filing 2 Summons Issued as to City of Collins, Mississippi, Paul F. Magee. (LDR)
March 19, 2021 Opinion or Order Filing 1 COMPLAINT against City of Collins, Mississippi, John Does 1-10, Paul F. Magee ( Filing fee $ 402 receipt number 24643007386), filed by Tyler Carruth. (Attachments: #1 Exhibit 1 - Notice of Claim, #2 Civil Cover Sheet)(LDR)

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Defendant: John Does 1-10
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Defendant: City of Collins, Mississippi
Represented By: Robert Lane Dossett
Represented By: Clark Hicks
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Defendant: Officer Paul F. Magee
Represented By: Robert Lane Dossett
Represented By: Clark Hicks
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Plaintiff: Tyler Carruth
Represented By: Robert G. Germany
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