Smalley v. Gamache et al
| James Smalley |
| Michael Gamache and Five John Doe Sheriffs |
| 4:2010cv00319 |
| February 23, 2010 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Mississippi |
| Rodney W. Sippel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
153
MEMORANDUM: This Memorandum is to draw plaintiff's attention to the return of service documents filed for subpoenaed witness Charles Cantrell. Mr. Cantrell will not appear at trial as he is deceased.. Signed by District Judge Rodney W. Sippel on 9/17/13. (LGK)
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Filing
151
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall issue and have the United States Marshal Service serve a trial subpoena for Charles Cantrell, 8711 Kathlyn Drive, Berkeley, Missouri 63134 for appearance at trial in the above-captioned matter beginning on October 15, 2013 at 8:30 a.m. and lasting until concluded. IT IS FURTHER ORDERED that plaintiffs supplemental motion for witness list # 141 is denied. Signed by District Judge Rodney W. Sippel on 9/9/13. (ARL)
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Filing
130
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is set for JURY trial on October 15, 2013 at 8:30 a.m. This is a special setting and this case will be reached on this date. IT IS FURTHER ORDERED that plaintiffs motion for extension of time 126 is denied as moot. IT IS FURTHER ORDERED that plaintiff shall file any requests for witness subpoenas or writs of habeas corpus ad testificandum by August 1, 2013. Any such requests shall comply in full with this Order. IT IS FURTHER ORDERED that plaintiff shall file his exhibit list and jury instructions in compliance with Paragraphs 4 and 6 of the Order Relating to Trial 109 issued on April 1, 2013 by August 1, 2013. All objections to pretrial submissions and any motions in limine mu st be filed no later than August 15, 2013. Responses to any motions in limine must be filed by September 1, 2013. Failure to timely comply with this Memorandum and Order will result in the dismissal of this action with prejudice without further notice from this Court.. Signed by District Judge Rodney W. Sippel on 7/2/13. (LGK)
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Filing
125
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall show cause in writing by July 3, 2013, why his case should not be dismissed with prejudice, or other sanctions imposed, for failure to file his pretrial materials and to comply with my April 1, 2013 Order Relating to Trial. Failure to timely comply with this Memorandum and Order to Show Cause will result in the dismissal of this action with prejudice without further notice from this Court. IT IS FURTHER ORDERED that this case is removed from the July 8, 2013 trial docket and will be reset, if necessary, by further Order of this Court. Show Cause Response due by 7/3/2013. Signed by District Judge Rodney W. Sippel on 6/24/13. (ARL)
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Filing
118
MEMORANDUM AND ORDER re: 117 MOTION for Reconsideration re 114 Memorandum & Order,, filed by Plaintiff James H. Smalley motion is DENIED. Signed by District Judge Rodney W. Sippel on 6/10/13. (LGK)
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Filing
115
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall issue a Writ of Habeas Corpus Ad Testificandum for the attendance of James Smalley on July 8, 2013 at 9:00 a.m. and any other date or dates within the three-week docket as set forth by this Court. The Clerk of Court shall immediately serve three certified copies of said Writ on the Superintendent of Western Missouri Correctional Center, 609 East Pence Road, Cameron, Missouri 64429. Signed by District Judge Rodney W. Sippel on 5/31/13. (ARL)
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Filing
114
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of the Court shall update the docket sheet to reflect plaintiff's current address of Western Missouri Correctional Center, 609 East Pence Road, Cameron, Missouri 64429 and shall provide c opies of the following documents to plaintiff at his new address: docket sheet; complaint 1 ; Order denying summary judgment 108 ; Order relating to trial 109 ; and, plaintiff's letter 112 . IT IS FURTHER ORDERED that the motion for appointment of counsel 113 is denied.. Signed by District Judge Rodney W. Sippel on 5/22/13. (LGK)
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Filing
111
MEMORANDUM AND ORDER re: 110 MOTION to Compel filed by Plaintiff James H. Smalley motion is DENIED. Signed by District Judge Rodney W. Sippel on 4/10/13. (LGK)
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Filing
108
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion for summary judgment [#98] is denied. Signed by District Judge Rodney W. Sippel on 3/19/13. (LAH)
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Filing
105
MEMORANDUM AND ORDER re: 103 MOTION for Extension of Time to File Response/Reply filed by Plaintiff James H. Smalley motion is DENIED AS MOOT. Signed by District Judge Rodney W. Sippel on 1/24/2013. (RAK)
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Filing
102
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for an extension of time 101 is granted, and plaintiff's opposition to summary judgment shall be filed by January 17, 2013, and defendants' reply brief may be filed by January 31, 2013. No additional extensions of time will be granted to plaintiff to respond to summary judgment, and plaintiff is specifically warned that if he fails to timely respond to defendants' motion for summary judgment, then the Court will proceed to rule the summary judgment motion without any additional notice being given to plaintiff.. Signed by District Judge Rodney W. Sippel on 12/19/12. (LGK)
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Filing
100
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for an extension of time 99 is granted, and plaintiff's opposition to summary judgment shall be filed by December 17, 2012, and defendants' reply brief may be filed by December 27, 2012. Plaintiff is specifically warned that if he fails to timely respond to defendants' motion for summary judgment, then the Court will proceed to rule the summary judgment motion without any additional notice being given to plaintiff.. Signed by District Judge Rodney W. Sippel on 12/4/12. (LGK)
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Filing
97
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that plaintiffs motion to dismiss [#89] is denied. IT IS FURTHER ORDERED that defendants shall file their motion for summary judgment by November 2, 2012. Plaintiffs opposition to summary judgment shall be filed by December 3, 2012, and defendants reply brief may be filed by December 14, 2012. Plaintiff is specifically warned that if he fails to timely respond to defendants motion for summary judgment, then the Court will proceed to rule the summary judgment motion without any additional notice being given to plaintiff. IT IS FURTHER ORDERED that plaintiffs motion for an extension of time [#96] is denied as moot. Signed by District Judge Rodney W. Sippel on 10/15/2012. (RAK)
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Filing
93
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's dismissal without prejudice is conditioned upon plaintiff paying defendants $1,440 should he refile this action. IT IS FURTHER ORDERED that plaintiff shall notify the Court by September 28, 2012, whether he still wishes to voluntarily dismiss this action. Signed by District Judge Rodney W. Sippel on 9/14/12. (LAH)
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Filing
91
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that defendants shall submit an affidavit in accordance with this Memorandum and Order by September 14, 2012. Signed by District Judge Rodney W. Sippel on 9/6/2012. (RAK)
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Filing
88
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to compel [#87] is denied. Signed by District Judge Rodney W. Sippel on 8/13/2012. (RAK)
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Filing
86
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants' obligations under these two orders are deemed satisfied, and no further filings are required.. Signed by District Judge Rodney W. Sippel on 8/6/12. (LGK)
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Filing
85
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion 84 is granted in part only to the extent set out above, and is denied in all other respects. IT IS FURTHER ORDERED that defendant Canava is required to respond to the request for interrogatories and file his response as set out above by August 15, 2012.. Signed by District Judge Rodney W. Sippel on 8/3/12. (LGK)
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Filing
82
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs third motion for production of documents # 81 is denied as set out above, but shall be treated by the Court and defendants as a request for production of documents, and defendants are required to respond to this discovery request and file their response as set out above by August 15, 2012. Signed by Honorable Rodney W. Sippel on 7/2/2012. (RAK)
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Filing
80
MEMORANDUM AND ORDER re: 79 MOTION for Reconsideration re 78 Case Management Order - Amended, filed by Plaintiff James H. Smalley motion is DENIED. Signed by Honorable Rodney W. Sippel on 6/28/2012. (RAK)
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Filing
75
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to compel [#72] is denied. Signed by Honorable Rodney W. Sippel on 5/30/12. (LAH)
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Filing
71
MEMORANDUM AND AMENDED CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the motion to amend # 70 is granted and the following amended schedule shall apply in this case: All discovery in this case must be completed by June 11, 2012. Parties shall fil e motions to compel in a prompt manner and in no event after the discovery deadline. Defendants are granted leave of Court, pursuant to Rule 30(a), Fed.R.C.P., to take the deposition of plaintiff, upon reasonable notice. The Court will not entertain any motion to stay discovery or disclosure based upon the defense of qualified immunity unless such a motion is accompanied or preceded by a detailed brief setting forth the specific factual and legal reasons (with appropriate case citations) qualifi ed immunity applies to this case. Any motion for summary judgment must be filed no later than July 11, 2012. Opposition briefs shall be filed no later than August 10, 2012 and any reply brief may be filed no later than August 20, 2012. Failure to tim ely file a motion for summary judgment will waive apartys right to do so before trial. 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 se t 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. Any deadline not specifically amended above remains in full force and effect. Signed by Honorable Rodney W. Sippel on 4/9/2012. (RAK)
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Filing
63
MEMORANDUM AND ORDER re: 62 MOTION for Extension of Time to Complete Discovery filed by Plaintiff James H. Smalley motion is DENIED. Signed by Honorable Rodney W. Sippel on 2/29/12. (LGK)
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Filing
59
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff is granted an additional thirty days to respond to all of defendants' outstanding discovery requests. IT IS FURTHER ORDERED that plaintiffs motion # 58 is denied as moot. Signed by Honorable Rodney W. Sippel on 1/5/12. (ARL)
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Filing
57
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for a stay 56 is denied. IT IS FURTHER ORDERED that all deadlines in the previously amended case management order 47 are extended an additional sixty days. IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of the docket sheet to plaintiff with this Memorandum and Order.. Signed by Honorable Rodney W. Sippel on 1/3/12. (LGK)
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Filing
55
MEMORANDUM AND ORDER re: 54 PRO SE MOTION state intervention filed by Plaintiff James Smalley motion is DENIED. Signed by Honorable Rodney W. Sippel on 12/1/2011. (RAK)
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Filing
53
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for state intervention [#50] and plaintiffs motion for injunction in part and preliminary in part [#48] are denied. Signed by Honorable Rodney W. Sippel on 11/23/11. (LAH)
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Filing
44
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of the Court maintain plaintiff's discovery materials in the file as previously directed.. Signed by Honorable Rodney W. Sippel on 10/12/11. (LGK)
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Filing
37
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants motion to compel [#36] is granted only as follows: plaintiff shall provide his initial disclosures and responses to defendants interrogatories by October 15, 2011. If plaintiff fails to comply with this Order, he may be subject to sanctions, including the dismissal of his complaint with prejudice for failure to prosecute and comply with the Orders of this Court. Signed by Honorable Rodney W. Sippel on 9/26/2011. (RAK)
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Filing
35
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for an extension of time [# 34 -1] is granted, and all deadlines in the previously amended case management order [# 28 ] are extended an additional sixty days. IT IS FURTHER ORDE RED that plaintiffs alternative motion for appointment ofcounsel [# 34 -2] is denied as moot. ( Discovery Completion due by 10/11/2011., Motion to Join Parties due by 9/11/2011., Dispositive Motions due by 10/11/2011.) Signed by Honorable Rodney W. Sippel on 7/26/11. (ARL)
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Filing
33
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for joinder 31 is denied without prejudice, and plaintiff's motion 32 is denied.. Signed by Honorable Rodney W. Sippel on 7/6/11. (LGK)
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Filing
30
MEMORANDUM AND ORDER re: 29 MOTION to Produce filed by Plaintiff James Smalley motion is DENIED. Signed by Honorable Rodney W. Sippel on 6/16/11. (LGK)
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Filing
28
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk of the Court shall docket plaintiff's April 8, 2011 letter as a motion for extension of time, and that motion is granted. IT IS FURTHER ORDERED that all deadlines in the case management order previously entered in this case 26 are extended by sixty (60) days.. Signed by Honorable Rodney W. Sippel on 4/20/11. (LGK)
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Filing
21
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for reconsideration, which the Court construes as a motion to substitute parties, # 20 is granted, and defendants Joseph B. Pree and Chris A. Canava are substituted for two of the Joh n Doe defendants in plaintiffs complaint.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process toissue upon the complaint as to defendants Joseph B. Pree and Chris A. Canava, who are alleged to be deputy sheriffs at the St. Louis City Justice Center.IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendantsPree and Canava shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Signed by Honorable Rodney W. Sippel on 2/7/11. (ARL)
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Filing
19
MEMORANDUM AND ORDER : This matter is before the Court on plaintiff's motion to add parties. The motion will be denied without prejudice because it is not accompanied by a proposed amended complaint that sets out his claims and allegations again st these proposed defendants. If plaintiff files an amended motion to join parties, he should also confirm the spelling of their names as the current motion appears to contain typographical errors. Finally, any amended motion should also contain the service addresses for any proposed defendants.. Signed by Honorable Rodney W. Sippel on 1/3/11. (LGK)
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Filing
13
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.50 within thirty (30) days of the date of th is Order. Plaintiff is instructed to make his remittance payable to Clerk, United States District Court, and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original pro ceeding. 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 proce ss or causeprocess to issue upon the complaint as to Michael Gamache, who is alleged to be a deputy sheriff at the St. Louis City Justice Center. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Gamache shall reply to p laintiffs 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.. Signed by Honorable Rodney W. Sippel on 6/30/10. (LGK)
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