Schmitt v. Page et al
| Eric S. Schmitt |
| Sam Page, Faisal Khan, St. Louis County Department of Public Health, Beth Orwick, Tishaura Jones, Fredrick Echols and Department of Health for the City of St. Louis |
| 4:2021cv00948 |
| July 30, 2021 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: The Court grants Defendants' unopposed Motion to Remand Case to State Court, Doc. #16 , and denies Defendants' Motion for an Extension as moot, Doc. #17 . The Court remands the entirety of this case to the Circuit Court of St. Louis County. The Court directs the Clerk of Court to close this case and send a certified copy of the order of remand to the clerk of the state court. Signed by District Judge Stephen R. Clark on 8/6/21. (JAB)Remark: certified copy of Order of Remand and docket sheet emailed to St. Louis County Circuit Clerk.
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| Filing 17 MOTION for Extension of Time to File Brief Regarding Subject Matter Jurisdiction ;Extension to file the following: Brief Regarding Subject Matter Jurisdiction ;Proposed extension date August 7, 2021 by Defendants Faisal Khan, Beth Orwick, Sam Page, St. Louis County Department of Public Health. (Jente, Michael) |
| Filing 16 MOTION to Remand Case to State Court Unopposed to State Court by Defendants Faisal Khan, Beth Orwick, Sam Page, St. Louis County Department of Public Health. (Perryman, Neal) |
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Filing 15
ORDER: For the reasons explained in the Court's order declining to exercise supplemental jurisdiction, Doc. #14 , the Court questions whether it has federal- question jurisdiction over any of this case. The Court accordingly orders the parties to submit briefs on the question of the Courts subject-matter jurisdiction as follows: Defendants must file any brief in support of subject-matter jurisdiction no later than August 5, 2021; Plaintiff must file any responsive brief no later than August 9, 2021; and Defendants must file any reply brief no later than August 12, 2021. Signed by District Judge Stephen R. Clark on 8/2/2021. (CLO)
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| ***REMARK- A Certified Copy of #14 and the docket sheet were send to St. Louis County via email as of this date. (CLO) |
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Filing 14
MEMORANDUM AND ORDER: In sum, the Court remands: a) the entirety of Counts 1 through 7 and 9, and b) Count 8, except for any portion that may arise under the Free Exercise Clause of the United States Constitution. The Court will separately determine whether Count 8 states any federal-Free-Exercise claim. In the meantime, the pending TRO Motion, Doc. 9, raises purely issues of state law and relates only to the state-law claims in the Amended Petition, so the Court terminates it as a pending motion in this Court and leaves it for the state court to decide. Signed by District Judge Stephen R. Clark on 08/01/2021. (CLL)
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| Filing 13 RESPONSE TO COURT ORDER re Notice Requesting Hearing on Motion for Temporary Restraining Order by Plaintiff Eric S. Schmitt. (Talent, Michael) |
| Filing 12 ENTRY of Appearance by Justin D. Smith for Plaintiff Eric S. Schmitt. (Smith, Justin) |
| Filing 11 ENTRY of Appearance by Michael L. Jente for Defendants Faisal Khan, Beth Orwick, Sam Page, St. Louis County Department of Public Health. (Jente, Michael) |
| Filing 10 First Amended Petition (Removal/Transfer) Received From: Circuit Court of St. Louis County, filed by Eric S. Schmitt.(JKL) |
| Filing 9 MOTION for Temporary Restraining Order by Plaintiff Eric S. Schmitt. (JKL) |
| Filing 8 Petition (Removal/Transfer) Received From: Circuit Court of St. Louis County, filed by Eric S. Schmitt.(JKL) |
| Filing 7 ENTRY of Appearance by Michael A. Garvin for Defendants Department of Health for the City of St. Louis, Fredrick Echols, Tishaura Jones. (Garvin, Michael) |
| Filing 6 ENTRY of Appearance by Michael E. Talent for Plaintiff Eric S Schmitt. (Talent, Michael) |
| Filing 5 ENTRY of Appearance by Jeff P. Johnson for Plaintiff Eric S Schmitt . (Johnson, Jeff) |
| Filing 4 ENTRY of Appearance by Robert H. Dierker for Defendants Department of Health for the City of St. Louis, Fredrick Echols, Tishaura Jones. (Dierker, Robert) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Faisal Khan, Sam Page, St. Louis County Department of Public Health Sent To: State Court - Executed (Attachments: #1 Exhibit A, #2 Exhibit B)(Perryman, Neal) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Department of Health for the City of St. Louis, Fredrick Echols, Tishaura Jones, Faisal Khan, Sam Page, St. Louis County Department of Public Health Sent To: Plaintiff (Attachments: #1 Exhibit)(Perryman, Neal) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County Circuit Court, case number 21SL-CC03334, with receipt number AMOEDC-8785976, in the amount of $402 Non-Jury Demand,, filed by Tishaura Jones, Sam Page, Fredrick Echols, Department of Health for the City of St. Louis, Faisal Khan, St. Louis County Department of Public Health. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Original Filing Form)(Perryman, Neal) (Main Document 1 replaced on 7/30/2021 to correct PDF error) (JKL). (Additional attachment(s) added on 7/30/2021: #5 Attachment State Docket Sheet) (JKL). |
| ***REMARK: Plaintiff's attorneys Jeffrey P. Johnson and Michael Talent contacted at 1:26 pm on 7/30/21 by email and directed to file as soon as possible the required Notice Requesting Hearing on Motion For Temporary Restraining Order [form MOED-00062] or a Memorandum to the Court advising that no hearing on plaintiff's Motion for Temporary Restraining Order would be requested at this time. Case to proceed to judge assignment. (JWD) |
| Case Opening Notification: Judge Assigned: Honorable Stephen R. Clark. (JWD) |
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