Burgess v. Clayton Building Partnership
Plaintiff: Julie Burgess
Defendant: Clayton Building Partnership
Case Number: 4:2023cv00748
Filed: June 8, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Rodney H Holmes
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2023 Notice from Clerk instructing Plaintiff Julie Burgess to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 8/8/2023. (EAB)
August 3, 2023 Opinion or Order Filing 10 Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Dismiss for Lack of Jurisdiction (ECF No. 9 ) is STRICKEN from the record for filing error, as it was filed out of time without first seeking leave of Court. See CM/ECF Procedures Manual, Sec. II.B. IT IS FURTHER ORDERED that the Clerk of the Court shall strike ECF No. 9 from the record for filing error. Defendant is currently in default. Defendant must file a motion for leave to file a responsive pleading out of time, explaining why it was not timely filed, with a proposed responsive pleading submitted as an attachment thereto. Defendant must also review E.D. Mo. Local Rule 4.01 and familiarize itself with the requirements therein, including the requirement to file a separate memorandum in support of any proposed motion containing citation to legal authorities and the requirement to include all documentary evidence relied upon if the motion requires consideration of facts not appearing in the record. Signed by Magistrate Judge Rodney H. Holmes on 8/3/2023. (JEB)
August 3, 2023 Filing 9 *STRICKEN PER DOCKET TEXT ORDER DATED 8/3/23* MOTION to Dismiss for Lack of Jurisdiction by Defendant Clayton Building Partnership. (Burns, Jay) Modified on 8/3/2023 (JEB).
August 3, 2023 Filing 8 ENTRY of Appearance by Jay R. Burns, Jr for Defendant Clayton Building Partnership. (Burns, Jay)
August 3, 2023 Notice from Clerk instructing Defendant Clayton Building Partnership to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 8/8/2023. (HMA)
August 1, 2023 ***REMARK: The Motion for Entry of Clerk's Default was forwarded to the Clerk of the Court/Chief Deputy for ruling. (HMA)
July 31, 2023 Filing 7 MOTION for Entry of Clerk's Default against Defendant Clayton Building Partnership by Plaintiff Julie Burgess. (Ashbrook, Amy)
July 17, 2023 Opinion or Order Filing 6 ORDER. IT IS HEREBY ORDERED that plaintiff shall, within fourteen (14) days of the date of this order, file appropriate motions for entry of default and for default judgment against Defendant Clayton Building Partnership in this case, supported by all necessary affidavits and documentation, as well as a proposed order for the Court's consideration. Failure to comply with this order may result in dismissal without prejudice (Response to Court due by 7/31/2023) Signed by Magistrate Judge Rodney H. Holmes on 7/17/2023. (HMA)
July 17, 2023 Notice from Clerk instructing Plaintiff Julie Burgess to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/22/2023. (HMA)
June 22, 2023 Filing 5 SUMMONS Returned Executed filed by Julie Burgess. Clayton Building Partnership served on 6/21/2023, answer due 7/12/2023. (Ashbrook, Amy)
June 8, 2023 Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto)
June 8, 2023 Filing 3 DISCLOSURE STATEMENT by Julie Burgess. No corporate parents or affiliates identified. (Ashbrook, Amy)
June 8, 2023 Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Julie Burgess Process Server: JAMES WOMBLE (Attachments: #1 Summons Summons)(Ashbrook, Amy)
June 8, 2023 Filing 1 COMPLAINT against defendant CLAYTON BUILDING PARTNERSHIP with receipt number AMOEDC-9988430, in the amount of $402 Non-Jury Demand,, filed by Julie Burgess. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET, #2 Original Filing Form ORIGINAL FILING FORM)(Ashbrook, Amy)
June 8, 2023 Case Opening Notification. Judge Assigned: Honorable Rodney H. Holmes. 1 Summons(es) issued and emailed to attorney Amy Ashbrook. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD)

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Plaintiff: Julie Burgess
Represented By: Amy Ashbrook
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Defendant: Clayton Building Partnership
Represented By: Jay R. Burns, Jr.
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