Toney v. Hakala et al
Plaintiff: James I. Toney
Defendant: Michael Hakala, Debbie Vincent, William McKinney, Lisa Spain, Kim Randolph, Kim Klein, Denver King, Charla Francis, John Spears and Jason Unknown
Case Number: 4:2010cv02056
Filed: October 27, 2010
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Washington
Presiding Judge: Jean C. Hamilton
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 25, 2013 Opinion or Order Filing 260 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $18.32 within thirty (30) days of the date of this 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 proceeding.. Signed by District Judge John A. Ross on 10/25/13. (LGK)
September 25, 2013 Opinion or Order Filing 254 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion for Summary Judgment 173 is GRANTED. An appropriate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 9/25/13. (ARL)
May 13, 2013 Opinion or Order Filing 247 MEMORANDUM AND ORDER re: 240 PRO SE MOTION Requesting the Court's Orders filed by Plaintiff James I. Toney motion is DENIED. Signed by District Judge John A. Ross on 5/13/13. (LGK)
April 16, 2013 Opinion or Order Filing 239 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Lift Stay and Exclude Defendants' Reply to Plaintiff's Opposition to Defendants' Summary Judgment 228 is GRANTED in part. IT IS FURTHER ORDERED that Defendants shall file their reply in support of their motion for summary judgment no later than April 26, 2013. IT IS FURTHER ORDERED that in all other respects, the motion is DENIED.. Signed by District Judge John A. Ross on 4/16/13. (LGK)
March 26, 2013 Opinion or Order Filing 230 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion Requesting Copies of the Courts Orders and Defendants Motions 226 is GRANTED in part. The Clerk of Court shall provide a copy of the docket sheet to Plaintiff as well as copies of the Courts February 21, 2013 Order Doc. No. 218 , March 6, 2013 Order Doc. No. 223 , and March 11, 2013 Order. Doc. No. 225 The Clerk of Court shall also provide a copy of Defendants motion to stay Doc. No. 224 to Plaintiff. IT IS FURTHER ORDERED that in all other respects, Plaintiff Motion 226 is DENIED. Signed by District Judge John A. Ross on 3/26/2013. (RAK)
March 6, 2013 Opinion or Order Filing 223 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion in Opposition to Defendant's Motion to Extend the Deadline to Reply to Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment and Request to Disclose Plaintiff's Medical Expert 222 , construed as a motion for leave to disclose expert out of time, is GRANTED. Signed by District Judge John A. Ross on 3/6/13. (LAH)
March 4, 2013 Opinion or Order Filing 221 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs request for appointment of medical expert is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of the civil docket for case number 4:10-CV-2056 to Plaintiff. Signed by District Judge John A. Ross on 3/4/2013. (RAK)
February 12, 2013 Opinion or Order Filing 216 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion Requesting to Amend and Modify Summary Judgment Timeline 215 is GRANTED.IT IS FURTHER ORDERED that the Courts Order of January 29, 2013 209 isVACATED. As of February 11, 20 13, Plaintiff is deemed to have responded to Defendants' Motion for Summary Judgment. IT IS FURTHER ORDERED that the deadline for Defendants to reply to Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment is amended to February 21, 2013. Signed by District Judge John A. Ross on 2/12/13. (ARL)
February 5, 2013 Opinion or Order Filing 213 MEMORANDUM AND ORDER re: 210 PRO SE MOTION for an injunctive order filed by Plaintiff James I. Toney motion is DENIED without prejudice.. Signed by District Judge John A. Ross on 2/5/13. (LGK)
January 31, 2013 Opinion or Order Filing 211 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that counsel for Defendants is directed to take all necessary and available steps to ensure that Plaintiffs legal file is not taken from him until such time as the Court has had an opportunity to review De fendants response to the Motion. IT IS FURTHER ORDERED that Defendants shall file their response to Plaintiffs Motion for Request for Injunctive Relief by Monday, February 4, 2013 at 5:00 p.m. Signed by District Judge John A. Ross on 1/31/2013. (RAK)
January 29, 2013 Opinion or Order Filing 209 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff is granted an additional thirty (30) days, up to and including February 27, 2013, in which to either make arrangements with his current medical expert or retain another medical expert. In th e event Plaintiff provides an expert medical opinion on his care and treatment while confined, Defendants shall have an opportunity to review said experts report and depose him, and to supplement their pending motion for summary judgment. IT IS FU RTHER ORDERED that Defendants Motion to Extend the Deadline to Reply to Plaintiffs Response in Opposition to Defendants Motion for Summary Judgment 208 is GRANTED. The deadline for replying to Plaintiffs Response is extended to March 15, 2013. Signed by District Judge John A. Ross on 1/29/2013. (RAK)
December 7, 2012 Opinion or Order Filing 196 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Default Judgment and/or Sanctions and Expenses 188 is DENIED. Signed by District Judge John A. Ross on 12/7/12. (LAH)
October 16, 2012 Opinion or Order Filing 183 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for an Order Permitting Photograph of Plaintiff 170 is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Extension of Time in Which to Disclose Expert Opinion 171 and Motion to Compel and Extension of Time 178 are GRANTED as follows: Defendants shall provide Plaintiffs designated medical expert, Dr. Steven R. Graboff, with Plaintiff's medical records, including copies of his x-rays and DVD/CD recordings of his MRI scans images, within seven (7) days of the date of this order. Plaintiff is granted an additional thirty (30) days from the date Defendants produce Plaintiff's medical records to provide a medical opinion on his care and treatment while confined. IT IS FURTHER ORDERED that Defendants shall have an opportunity to review Dr. Graboff's report and depose him. Defendants shall be permitted to supplement their pending motion for summary judgment in light of Dr. Grabroff's medical opinion. Signed by District Judge John A. Ross on 10/16/12. (LAH)
August 24, 2012 Opinion or Order Filing 167 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Leave to File Supplemental Complaint 164 is DENIED as moot.. Signed by District Judge John A. Ross on 8/24/12. (LGK)
August 14, 2012 Opinion or Order Filing 158 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of the Court shall send seven (7) blank "Subpoena in a Civil Case forms to Plaintiff; 2 IT IS FURTHER ORDERED that if Plaintiff submits any subpoenas duces tecum to this Court, he must a lso submit a memorandum which explains as to each subpoena (1) the name of the person or entity he seeks to serve; (2) the specific documents he seeks; (3) how the specified documents are relevant to his case; (4) why he believes the entity or indivi dual subpoenaed has possession of relevant documents; and (5) how he will provide the necessary costs, if any, related to document production. (NOTE: 7 blank "Subpoena in a Civil Case" forms mailed to Plaintiff) Signed by District Judge John A. Ross on 8/14/12. (LAH)
July 16, 2012 Opinion or Order Filing 148 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time in Which to Complete Discovery 146 is GRANTED. The July 20, 2012 discovery deadline is extended to August 19, 2012. IT IS FURTHER ORDERED that no further extensions of time will be granted.. Signed by Honorable John A. Ross on 7/16/12. (LGK)
June 25, 2012 Opinion or Order Filing 143 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff re-serve his Request for Production of Documents on Defendants by June 29, 2012. IT IS FURTHER ORDERED that Defendants respond to Plaintiffs Request for Production of Documents by July 20, 2012. The parties may request additional time if necessary. Signed by Honorable John A. Ross on 6/25/12. (KJS)
June 15, 2012 Opinion or Order Filing 141 MEMORANDUM AND ORDER re: 139 MOTION to Compel filed by Plaintiff James I. Toney motion is DENIED. Signed by Honorable John A. Ross on 6/15/12. (LGK)
April 30, 2012 Opinion or Order Filing 126 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Compel Disclosure and Modify Case Management Order [ECF No. 121] is GRANTED as to Defendants Hakala, Vinson, McKinney, Spain, Randolph and Klein and DENIED as moot as to Defe ndant Spears. IT IS FURTHER ORDERED that Defendants Hakala, Vinson, McKinney, Spain, Randolph and Klein shall have until May 15, 2012 to provide complete disclosures responsive to Plaintiff's request. IT IS FURTHER ORDERED that the Case Manageme nt Order [ECF No. 109] is amended as follows: The discovery deadline is extended by sixty (60) days, to May 21, 2012; and The summary judgment deadline is extended by sixty (60) days, to July 18, 2012. Signed by Honorable John A. Ross on 4/30/12. (LAH)
April 9, 2012 Opinion or Order Filing 119 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant John Spears, D.O.s Motion for Summary Judgment ECF No 91 is GRANTED. IT IS FURTHER ORDERED that Defendant John Spears, D.O.s Motion to Dismiss is DENIED as moot. An appropriate Judgment will accompany this Memorandum and Order. Signed by Honorable John A. Ross on 4/9/2012. (RAK)
May 9, 2011 Opinion or Order Filing 57 ORDER OF PARTIAL DISMISSAL pursuant to 28 U.S.C.1915(e)(2)(B) IT IS HEREBY ORDERED that, as to deft. Jason Unknown, this action is dismissed without prejudice. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Signed by Honorable Jean C. Hamilton on 5/9/11. (CLA)
April 15, 2011 Opinion or Order Filing 51 ORDER IT IS HEREBY ORDERED that pltff.'s 49 MOTION for Leave to file an amended complaint is denied without prejudice. Signed by Honorable Jean C. Hamilton on 4/15/11. (CLA)
March 1, 2011 Opinion or Order Filing 43 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Charla Francis' Motion to Dismiss (Doc. No. 20 ) is GRANTED, and Plaintiff's claims against Defendant Francis are DISMISSED with prejudice. IT IS FURTHER ORDERED that Defendant's Motion to Stay Discovery (Doc. No. 39 ) is DENIED as moot. Charla Francis terminated. Signed by Honorable Jean C. Hamilton on 3/1/11. (TRC)
December 2, 2010 Opinion or Order Filing 9 ORDER OF PARTIAL DISMISSAL pursuant to 28 U.S.C.1915(e)(2)(B) IT IS HEREBY ORDERED that, as to defendant Denver King, the complaint is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Party Denver King terminated. Signed by Honorable Jean C. Hamilton on 12/2/10. (CLA)
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Plaintiff: James I. Toney
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Defendant: Michael Hakala
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Defendant: Debbie Vincent
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Defendant: William McKinney
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Defendant: Lisa Spain
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Defendant: Kim Randolph
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Defendant: Kim Klein
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Defendant: Denver King
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Defendant: Charla Francis
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Defendant: John Spears
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Defendant: Jason Unknown
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