Trust v. Higginbotham et al
| Steven M. Trust |
| Jason Law, Unknown Higginbotham, Douglas Wiese and Brian Flanagan |
| 4:2009cv01208 |
| July 31, 2009 |
| US District Court for the Eastern District of Missouri |
| O Office |
| St. Francois |
| Audrey G. Fleissig |
| None |
| O |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
110
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Craig Higginbotham, Douglas Wiese, Mark Whitson, and Jason Laws motion for summary judgment [Doc. 87] is GRANTED. IT IS FURTHER ORDERED that judgment is entered in favor of Defendants Craig Hi gginbotham, Douglas Wiese, Mark Whitson, and Jason Law on Plaintiffs federal claims. IT IS FURTHER ORDERED that Plaintiffs state law claims are DISMISSED without prejudice. A separate Judgment will be filed with this Memorandum and Order. Dated this 27th day of January, 2012. re: 87 MOTION for Summary Judgment filed by Defendant Mark Whitson, Defendant Jason Law, Defendant Douglas Wiese, Defendant Unknown Higginbotham Signed by Honorable Audrey G. Fleissig on 1/27/12. (JWJ)
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Filing
84
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion for appointment of counsel [Doc. #78] is DENIED. IT IS FURTHER ORDERED that Plaintiffs motion for reconsideration [Doc. #79] is DENIED. IT IS FURTHER ORDERED that Plaintiffs motion for leave to file an amended complaint [Doc. #80] is DENIED. Signed by Honorable Audrey G. Fleissig on 3/3/11. (JWJ)
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Filing
77
MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that plaintiff's motion for extension of time [Doc. #71] is GRANTED. IT IS FURTHER ORDERED that defendants' motion to compel [Doc. #75] is DENIED as moot. IT IS FURTHER ORDERE D that the Case Management Order dated September 13, 2010, is amended as follows: {see order for complete details/deadlines}( Discovery Completion due by 3/7/2011., Dispositive Motions due by 4/7/2011.)....This order specifically preempts any provision of local rule to the contrary. It is anticipated that if a summary judgment motion is filed, the case will not be set for trial until after the motion has been ruled upon. If no motion for summary judgment is filed by the date set above, the case will be set for trial forthwith.. Signed by Honorable Audrey G. Fleissig on 12/7/2010. (MRC)
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Filing
76
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to amend the complaint [Doc. #65] is DENIED. Signed by Honorable Audrey G. Fleissig on 11/22/10. (JWJ)
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Filing
54
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to file an amended complaint [Doc. No. 51] is GRANTED. IT IS FURTHER ORDERED that the Courts Memorandum and Order and Order of Partial Dismissal dated April 29, 2010, [Doc. Nos. 42 and 43] are VACATED. IT IS FURTHER ORDERED that Defendant Wieses motion to dismiss [Doc. No. 52] is DENIED as moot. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue as to Defendant Mark Whitson. IT IS FURTHER ORDERED tha t Defendants Higginbotham, Wiese, Whitson, and Law shall respond to Plaintiffs amended complaint. IT IS FURTHER ORDERED that Defendants St. Louis County, Lee, Flanagan, Bradly, Noonan, Wally, Stoner, Williams, and Cunningham are DISMISSED from this action.IT IS FURTHER ORDERED that Plaintiffs claims directed against the individual Defendants in their official capacities, are DISMISSED. Signed by Honorable Audrey G. Fleissig on 7/29/10. (JWJ)
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Filing
49
ORDER IT IS HEREBY ORDERED that pltff.'s 48 MOTION for Leave to Amend the Complaint is denied without prejudice. Signed by Honorable Jean C. Hamilton on 5/27/10. (CLA)
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Filing
47
ORDER IT IS HEREBY ORDERED that pltff.'s mtn. for relief from jgm. is denied. 46 Signed by Honorable Jean C. Hamilton on 5/17/10. (CLA)
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Filing
41
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to compel 36 is DENIED. IT IS FURTHER ORDERED that plaintiff's request for a subpoena duces tecum 37 is DENIED. Signed by Magistrate Judge Audrey G. Fleissig on 4/26/10. (TRC)
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Filing
31
ORDER re 30 ORDERED that plaintiff's pro se motion for extension of time to file a proper address for defendant Wiese [#30] is GRANTED. FURTHER ORDERED that plaintiff shall provide the Court with a proper address for Wiese no later than 28 days from the date of this Order (March 31, 2010). FURTHER ORDERED that if plaintiff fails to timely provide the Court with a proper address, the Court will dismiss Wiese from this action without prejudice. ( Response to Court due by 3/31/2010.). Signed by Magistrate Judge Audrey G. Fleissig on 3/3/10. (CEL)
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Filing
19
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the United States Marshals Service shall serve defendants Higginbotham, Law, and Flanagan in accordance with Rule 4(e) of the Federal Rules of Civil Procedure. Specifically, the Marshals Service shall s erve the three defendants by either (1) delivering the summonses to each defendant personally, (2) leaving a copy of the summons at the defendant's dwelling or usual place of abode with someone of suitable age who resides there (NB: defendants&# 039; workplace is not their dwelling or usual place of abode), or (3) by delivering a copy of the summons to an agent authorized by appointment or by law to receive service of process. If the Marshals Service leaves any summons with a person at defen dants' workplace besides any of the individual defendants, the return of service must indicate that the person who receives the summons has held themselves out to be an agent authorized by appointment or by law to receive service of process. IT IS FURTHER ORDERED that the Marshals Service shall serve the summonses within 14 days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if for any reason the Marshals Service is unable to serve process in accordance with this Memorandum and Order, the Marshals Service shall so notify the Court within 14 days of the date of this Memorandum and Order. Response to Court due by 1/1/2010. Signed by Magistrate Judge Audrey G. Fleissig on 12/18/09. (TRC)
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Filing
6
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Steven M. Trust motion is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $22.32 within th irty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. ( Response to Court due by 10/9/2009.). Signed by Magistrate Judge Audrey G. Fleissig on 9/9/09. (CSR)
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