Gatewood v. City of O'Fallon, Missouri et al
| Katie Gatewood |
| City of O'Fallon, Missouri, O'Fallon Board of Impeachment, Bill Hennessy, Dale Kling, Dave Hinman and Jeff Kuehn |
| 4:2022cv00089 |
| January 24, 2022 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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Filing 22
ORDER LIFTING STAY - IT IS HEREBY ORDERED that the stay previously imposed following the Court's Younger abstention is LIFTED. IT IS FURTHER ORDERED that Defendants shall until April 4, 2022 to answer or otherwise respond to Plaintiff's amended complaint. (Response to Court due by 4/4/2022.) Signed by District Judge Audrey G. Fleissig on 3/21/2022. (JMP)
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| Filing 21 NOTICE of final resolution of state court proceedings: by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment (Deane, Jeffrey) |
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Filing 20
ORDER STAYING CASE - IT IS HEREBY ORDERED that this action is STAYED pending final resolution of impeachment proceeding, including judicial review and all associated appeals. IT IS FURTHER ORDERED that, within seven days of resolution of the state court proceeding, including all associated appeals, the parties shall file an appropriate motion as to lifting of the stay and a joint proposed scheduling plan for the remainder of this litigation. If no judicial review has been sought and the expiration of time to seek judicial review under Missouri law has expired, the parties shall file a notice so advising the Court. IT IS FURTHER ORDERED that this case shall be deemed closed for statistical purposes only, subject to reopening upon lifting of the stay herein imposed or other appropriate Order.. Signed by District Judge Audrey G. Fleissig on 3/16/22. (KJS)
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| Filing 19 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order and Preliminary Injunction on the question of abstention filed by Plaintiff Katie Gatewood. (Roland, David) |
| Filing 18 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order and Preliminary Injunction Suggestions in Support of Dismissal on Abstention filed by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment. (Deane, Jeffrey) |
| Filing 17 AMENDED COMPLAINT against defendant City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment Amendment to #1 Complaint,,,, 01/25/2022 Summons(es) issued, , filed by Katie Gatewood. Related document: #1 Complaint,,,, filed by Katie Gatewood. (Attachments: #1 Exhibit Ex. 1 - Texas Ranger Report, #2 Exhibit Ex. 2 - Bryan, Texas Police Report, #3 Exhibit Ex. 3 - Bill 7298, #4 Exhibit Ex. 4 - Lauber Report, #5 Exhibit Ex. 5 - Dupuis Resignation, #6 Exhibit Ex. 6 - Impeachment Resolution, #7 Exhibit Ex. 7 - Articles of Impeachment, #8 Exhibit Ex. 8 - Reply to Articles of Impeachment, #9 Exhibit Ex. 9 - Sept. 30, 2021 Hearing Transcript, #10 Exhibit Ex. 10 - Motion to Disqualify Hearing Transcript, #11 Exhibit Ex. 11 - November 16, 2021 Hearing Transcript, #12 Exhibit Ex. 12 - Impeachment Order)(Roland, David) |
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Filing 16
ORDER - IT IS HEREBY ORDERED that this Court ABSTAINS from deciding the merits of Plaintiff's case, including the motion for temporary restraining order. Plaintiff's motion for a temporary restraining order is therefore DENIED as moot. ECF No. #2 . IT IS FURTHER ORDERED that, no later than February 10, 2022, the parties shall file briefs with supporting legal authority on the issue of how, if at all, Plaintiffs requests for monetary relief impact the procedure that should be used by the Court in abstaining. Following such briefing, the Court will decide whether to stay this case pending resolution of the state court proceedings or to dismiss this case without prejudice. Signed by District Judge Audrey G. Fleissig on 1/27/2022. (JMP)
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| Filing 15 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 1/27/2022 re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Katie Gatewood. The Court heard arguments. Matter taken under submission. The Court requested for the parties to return in court at 4:30 pm. Courts In Recess. IT IS HEREBY ORDERED that this Court ABSTAINS from deciding the merits of Plaintiff's case, including the motion for temporary restraining order. Plaintiff's motion for a temporary restraining order is therefore DENIED as moot. ECF No. #2 . (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 11:12 am - 12:54 pm) (proceedings ended: 4:31 pm - 4:36 pm ) (Deputy Clerk: JParker)(Appearance for Plaintiff: David Roland)(Appearance for Defendant: Catherine Gerstner/Jeffrey Winslow Deane/Timothy A. Engelmeyer) (JMP)) |
| Filing 14 TRIAL BRIEF in Opposition to Disqualify by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment. (Gerstner, Catherine) |
| Filing 13 RESPONSE TO COURT ORDER to file copy of Post-Trial Brief by Plaintiff Katie Gatewood. (Roland, David) |
| Filing 12 MEMORANDUM Table of Authorities by Defendants City of O'Fallon, Missouri, Bill Hennessy. (Engelmeyer, Timothy) |
| Filing 11 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants City of O'Fallon, Missouri, Bill Hennessy. (Engelmeyer, Timothy) |
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Filing 10
Docket Text ORDER Re: #8 MOTION for Leave to Appear Pro Hac Vice Jeffrey W. Deane. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-9094868) by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 1/27/2022. (AFO)
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Filing 9
Docket Text ORDER Re: #7 MOTION for Leave to Appear Pro Hac Vice Catherine Jane Gerstner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-9094864) by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 1/27/2022. (AFO)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice Jeffrey W. Deane. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-9094868) by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing - MO -1-26-2022)(Deane, Jeffrey) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Catherine Jane Gerstner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-9094864) by Defendants City of O'Fallon, Missouri, Bill Hennessy, Dave Hinman, Dale Kling, Jeff Kuehn, O'Fallon Board of Impeachment. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing - MO -1-26-2022)(Gerstner, Catherine) |
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Filing 6
ORDER: IT IS HEREBY ORDERED that a hearing will be held on Plaintiff's motion for temporary restraining order (ECF No. #2 ) on Thursday, January 27, 2022 at 11:00 a.m. in Courtroom 12S. (Hearing on Motion for Temporary Restraining Order set for 1/27/2022 11:00 AM in Courtroom 12S - St. Louis before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 1/26/2022. (AFO)
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| Filing 5 ENTRY of Appearance by Timothy A. Engelmeyer for Defendant Bill Hennessy. (Engelmeyer, Timothy) |
| Filing 4 NOTICE OF PROCESS SERVER by Plaintiff Katie Gatewood Process Server: Travis Bradley Jones (Roland, David) |
| Case Opening Notification. Judge Assigned: U.S. District Judge Audrey G. Fleissig. 6 Summons(es) issued and emailed to attorney David Roland. (BAK) |
| Filing 3 NOTICE REQUESTING HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiff Katie Gatewood (BAK) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Katie Gatewood. (Attachments: #1 Attachment Suggestions in Support of Motion for TRO and PI, #2 Attachment Notice Requesting Hearing on TRO)(Roland, David) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-9089990, in the amount of $402 Non-Jury Demand,, filed by Katie Gatewood. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons - City of O'Fallon, #4 Summons - O'Fallon Board of Impeachment, #5 Summons - Mayor, #6 Summons - Kling, #7 Summons - Hinman, #8 Summons - Kuehn, #9 Exhibit Ex. 1 - Texas Ranger Report, #10 Exhibit Ex. 2 - Bryan, Texas Police Report, #11 Exhibit Ex. 3 - Bill 7298, #12 Exhibit Ex. 4 - Lauber Report, #13 Exhibit Ex. 5 - Dupuis Resignation, #14 Exhibit Ex. 6 - Impeachment Resolution, #15 Exhibit Ex. 7 - Articles of Impeachment, #16 Exhibit Ex. 8 - Reply to Articles of Impeachment, #17 Exhibit Ex. 9 - Sept. 30, 2021 Hearing Transcript, #18 Exhibit Ex. 10 - Motion to Disqualify Hearing Transcript, #19 Exhibit Ex. 11 - November 16, 2021 Hearing Transcript, #20 Exhibit Ex. 12 - City Proposed Findings of Fact and Conclusions)(Roland, David) |
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