Sanderson v. Bailey et al
| Thomas L. Sanderson |
| Andrew Bailey and James Hudanick |
| 4:2023cv01242 |
| October 3, 2023 |
| US District Court for the Eastern District of Missouri |
| Shirley Padmore Mensah |
| John A Ross |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Andrew Bailey re #21 Order, #14 Sealed Memorandum in Support of Motion for Leave to File Under Seal; Ex 12 and 13 filed in CD format to be maintained by the Clerk's Office. (CLH) |
| Filing 39 REPLY to Response to Motion re #27 MOTION to Dismiss Case filed by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 38 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Andrew Bailey re #21 Order, (Goodwin, Gregory) |
| Filing 37 MEMORANDUM in Opposition re #28 MOTION to Dismiss Case and Memorandum of Law in Support filed by Plaintiff Thomas L. Sanderson. (Bellucci, Janice) |
| Filing 36 MEMORANDUM in Opposition re #27 MOTION to Dismiss Case filed by Plaintiff Thomas L. Sanderson. (Attachments: #1 Exhibit A - Defendants' Emergency Motion for Stay of Temporary Restraining Order in Eighth Circuit)(Bellucci, Janice) |
Filing 35
ORDER: IT IS HEREBY ORDERED that pursuant to Federal Rule of Civil Procedure 65(a)(2), the preliminary injunction proceedings in this case are consolidated with the trial on the merits. The preliminary injunction hearing set for November 9, 2023 is VACATED, and the trial on the merits is set to begin on March 27, 2024 at 10:00 A.M. IT IS FURTHER ORDERED that the parties shall brief Defendants' pending motions to dismiss in accordance with Local Rule 4.01. SEE ORDER FOR DETAILS. (Bench Trial set for 3/27/2024 10:00 AM in Courtroom 12N - St. Louis before Sr. District Judge John A. Ross.) Signed by Sr. District Judge John A. Ross on 11/3/2023. (CLT)
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Filing 34
ORDER of USCA as to #24 Notice of Appeal filed by Andrew Bailey USCA Appeal #: 23-3394. The appellants' motion for permission to file an overlength emergency motion for stay has been referred to the court, and the motion is granted. Appellants' emergency motion for a stay of the district court's temporary restraining order is denied. (LNJ)
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| Filing 33 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #23 Memorandum & Order,,,,,,. Notice of Appeal filed on 10/27/23 by Defendant Andrew Bailey. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD) |
| Filing 29 Docket Text ORDER: Re: #26 MOTION for Leave to File in Excess of Page Limitation for Motion to Dismiss by Defendant Andrew Bailey. (Goodwin, Gregory) filed by Andrew Bailey; SO ORDERED. Signed by Sr. District Judge John A. Ross on 10/30/2023. (CLT) |
| Filing 28 MOTION to Dismiss Case and Memorandum of Law in Support by Defendant James Hudanick. (Reichardt, Timothy) |
| Filing 32 Briefing Schedule from USCA for #24 Notice of Appeal filed by Andrew Bailey USCA Appeal Number: 23-3394 (See attached document for all deadlines.)(CLT) |
| Filing 31 LETTER from USCA re #24 Notice of Appeal: Appellant Hudanick was added pursuant to the filing of the Amended Notice of Appeal. USCA Appeal #: 23-3394(CLT) |
| Filing 30 Initial Notification from USCA for #24 Notice of Appeal filed by Andrew Bailey USCA Appeal Number: 23-3394.(CLT) |
| Filing 27 MOTION to Dismiss Case by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 26 MOTION for Leave to File in Excess of Page Limitation for Motion to Dismiss by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 25 NOTICE Amended Notice of Appeal: by Defendants Andrew Bailey, James Hudanick re #24 Notice of Appeal (Goodwin, Gregory) |
| Filing 24 NOTICE OF APPEAL as to #23 Memorandum & Order,,,,,, by Defendant Andrew Bailey. Filing fee $ 505, receipt number AMOEDC-10239238. |
| Filing 23 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Thomas L. Sanderson's Motion for Temporary Restraining Order [ECF No. #7 ] is GRANTED, and the State of Missouri, by and through, Defendant Andrew Bailey, Attorney General of the State of Missouri, and James Hudanick, Chief of Police of the City of Hazelwood, Missouri, as well as their officers, agents, employees, and attorneys, are temporarily enjoined from enforcing Missouri Revised Statute Section 589.426.1(3), requiring any person required to register as a sexual offender under sections 589.400 to 589.425 to post a sign at his or her residence stating, "No candy or treats at this residence" on October thirty-first of this year. This Temporary Restraining Order only relates to the enforcement of Section 589.426.1(3) of the Halloween Statute and does not affect the validity of its other sections. IT IS FURTHER ORDERED that a telephone status conference is set for November 3, 2023, at 11:00 A.M. Counsel are directed to call the conference line toll free at 1-877-810-9415. The access code to enter the telephone conference is: 7519116. IT IS FURTHER ORDERED that a preliminary injunction hearing is set for November 9, 2023, at 10:30 A.M. in Courtroom 12N. (Preliminary Injunction Hearing set for 11/9/2023 10:30 AM in Courtroom 12N - St. Louis before Sr. District Judge John A. Ross., Telephone Conference set for 11/3/2023 11:00 AM in Telephone Conference in Chambers before Sr. District Judge John A. Ross.) Signed by Sr. District Judge John A. Ross on 10/27/23. (JAB) |
| Filing 22 REPLY to Response to Motion re #7 MOTION for Temporary Restraining Order filed by Plaintiff Thomas L. Sanderson. (Bellucci, Janice) |
| Filing 21 SEALING ORDER: IT IS HEREBY ORDERED that Defendant Attorney General Andrew Bailey's Motion to Seal [ECF No. #13 ] Exhibits 12 and 13 is GRANTED for good cause shown and a redacted copy of said Exhibits must be filed within thirty (30) days from the date of this Order. (Response to Court due by 11/20/2023.) Signed by Sr. District Judge John A. Ross on 10/20/2023. (LNJ) |
| Filing 20 Docket Text ORDER: Re: #16 MOTION for Leave to File Over Length Response, MOTION for Leave to File in Excess of Page Limitation by Defendant Andrew Bailey; ORDERED GRANTED. Signed by Sr. District Judge John A. Ross on 10/19/2023. (LNJ) |
| Filing 19 ENTRY of Appearance by Daniel Timothy Mooney for Defendant James Hudanick. (Mooney, Daniel) |
| Filing 18 EXHIBITS re #17 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order by Defendant Andrew Bailey. (Attachments: #1 Exhibit Defendant's Ex. 1 (photo), #2 Exhibit Defendant's Ex. 2 (Order and Memorandum), #3 Exhibit Defendant's Ex. 3 (Police Reports), #4 Exhibit Defendant's Ex. 4 (photo), #5 Exhibit Defendant's Ex. 5 (photo), #6 Exhibit Defendant's Ex. 6 (photo), #7 Exhibit Defendant's Ex. 7 (photo), #8 Exhibit Defendant's Ex. 8 (Guilty Plea and Sentence and Judgment))(Goodwin, Gregory) Modified text on 10/19/2023 (JAB). Remark: 1 CD which includes exhibits 9, 10, 11, 12, 13 and 14 received on 10/19/23 and will be maintained in the Clerk's Office. |
| Filing 17 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order filed by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 16 MOTION for Leave to File Over Length Response, MOTION for Leave to File in Excess of Page Limitation by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 15 MEMORANDUM in Opposition re #7 MOTION for Temporary Restraining Order filed by Defendant James Hudanick. (Reichardt, Timothy) |
| Filing 14 SEALED MEMORANDUM in Support of #13 MOTION for Leave to File Under Seal filed by Defendant Andrew Bailey. Redacted Copy due by 11/20/2023. (Goodwin, Gregory) |
| Filing 13 MOTION for Leave to File Under Seal by Defendant Andrew Bailey. (Goodwin, Gregory) |
| Filing 12 ENTRY of Appearance by Andrew Clarke for Defendant Andrew Bailey. (Clarke, Andrew) |
| Filing 11 ENTRY of Appearance by Timothy J. Reichardt for Defendant James Hudanick. (Reichardt, Timothy) |
| Filing 10 ENTRY of Appearance by Gregory Michael Goodwin for Defendant Andrew Bailey. (Goodwin, Gregory) |
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Filing 9
SCHEDULING ORDER: On October 11, 2023, Plaintiff filed a Motion for Temporary Restraining Order [ECF No. #7 ]. Due to the nature of Plaintiff's request, an expedited briefing schedule will be ordered. Accordingly, IT IS HEREBY ORDERED that Defendants will be given until Wednesday, October 18, 2023, to file their response. Plaintiff will be given until Friday, October 20, 2023, to file any reply. (Response to Court due by 10/18/2023.) Signed by Sr. District Judge John A. Ross on 10/12/2023. (CLT)
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| Filing 8 REASSIGNMENT ORDER (GJL). The above-styled and numbered case was opened on October 3, 2023, and randomly assigned to the Honorable Shirley Padmore Mensah, United States Magistrate Judge. After assignment of this case, Plaintiff filed a Motion for Temporary Restraining Order on October 11, 2023. Therefore, this case must be reassigned to a United States District Judge. Accordingly, IT IS HEREBY ORDERED that the above-styled cause is randomly reassigned to the Honorable John A. Ross, United States District Judge. (JWD) |
| Filing 7 MOTION for Temporary Restraining Order by Plaintiff Thomas L. Sanderson. (Attachments: #1 Attachment Memorandum of Points and Authorities, #2 Text of Proposed Order Proposed Temporary Restraining Order, #3 Attachment Certificate of Service)(Bellucci, Janice) |
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Filing 6
Docket Text ORDER: Re: #3 MOTION for Leave to Appear Pro Hac Vice Janice Madelyn Bellucci filed by Plaintiff Thomas L. Sanderson; ORDERED GRANTED. Signed by Magistrate Judge Shirley Padmore Mensah on 10/10/2023.
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| Filing 5 SUMMONS Returned Executed filed by Thomas L. Sanderson. James Hudanick served on 10/6/2023, answer due 10/27/2023. (Fry, Matthew) |
| Filing 4 SUMMONS Returned Executed filed by Thomas L. Sanderson. Andrew Bailey served on 10/6/2023, answer due 10/27/2023. (Fry, Matthew) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Janice Madelyn Bellucci. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10201285) by Plaintiff Thomas L. Sanderson. (Attachments: #1 Certificate of Good Standing State Bar of California)(Bellucci, Janice) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Thomas L. Sanderson Process Server: Robert Thomure, Metro One Investigations (JWD) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-10193456, in the amount of $402 Non-Jury Demand,, filed by Thomas L Sanderson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Original Filing Form Original Filing Form, #5 Attachment Disclosure Statement, #6 Summons Summons in a Civil Action, #7 Summons Summons in a Civil Action, #8 Supplement Notice of Intent to Use Process Server)(Fry, Matthew) |
| Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. 2 Summons(es) issued and emailed to attorney Matthew Fry. 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. (JWD) |
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