Woolford v. Ashland, Missouri, City of et al
| Lyn Woolford |
| Jesse Bronson, Ashland, Missouri, City of, Richard Sullivan, Leslie Martin, Gene Rhorer, Danny Clay, Rick Lewis, Jeffrey Sapp, Bryan Bradford and Melissa Old |
| 2:2020cv04105 |
| June 17, 2020 |
| US District Court for the Western District of Missouri |
| Willie J Epps |
| Nanette K Laughrey |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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Filing 50
ORDER by Judge Nanette K. Laughrey. Plaintiff's unopposed motion (Doc. #49 ) for extension until August 17, 2020 of his time to respond to Defendants' discovery requests and requests for admission is GRANTED. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
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| Filing 49 MOTION for extension of time (UNOPPOSED) to respond to Defendants' discovery requests filed by Matthew B. Uhrig on behalf of Lyn Woolford. Suggestions in opposition/response due by 8/27/2020 unless otherwise directed by the court. (Uhrig, Matthew) |
| Filing 48 CERTIFICATE OF SERVICE by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan.(Bertels, Ryan) |
| Filing 47 DEFENDANT'S EXHIBIT INDEX - Preliminary Injunction Hearing. (Matthes Mitra, Renea) (Main Document 47 replaced on 7/27/2020 to include 2nd page) (Warren, Melissa). |
| Filing 46 PLAINTIFF'S EXHIBIT INDEX - Preliminary Injunction Hearing. (Matthes Mitra, Renea) |
| Filing 45 Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: PRELIMINARY INJUNCTION HEARING held on 7/24/2020. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. (Matthes Mitra, Renea) |
| Filing 44 NOTICE of filing Proof of Service of Subpoena on Terry Toalson by Lyn Woolford (Uhrig, Matthew) |
| Filing 43 DESIGNATION of Mediator by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. (Bertels, Ryan) |
| Filing 42 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES by Plaintiff filed by Matthew B. Uhrig on behalf of Plaintiff Lyn Woolford.(Uhrig, Matthew) |
| Filing 41 REPLY SUGGESTIONS to motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. (Related document(s) #23 ) (Bertels, Ryan) |
| Filing 40 CERTIFICATE OF SERVICE by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan.(Bertels, Ryan) |
| Filing 39 STIPULATION of dismissal of Count VI Only Without Prejudice by Lyn Woolford. (Uhrig, Matthew) |
| Filing 38 RULES OF TRIAL. Signed on 7/10/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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Filing 37
SCHEDULING ORDER: Discovery due by 3/15/2021. Dispositive Motions due by 4/6/2021. Pretrial Conference set for 7/29/2021 at 02:00 PM Courtroom 4A, Jefferson City. Jury Trial set for 8/9/2021 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/10/20 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
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| Filing 36 SUGGESTIONS in opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew B. Uhrig on behalf of Plaintiff Lyn Woolford. Reply suggestions due by 7/23/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Halderman v. City of Sturgeon, Boone County Case No. 17BA-CV01543, Judgment of the Court)(Related document(s) #23 ) (Uhrig, Matthew) |
| Filing 35 Joint PROPOSED SCHEDULING ORDER by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. (Bertels, Ryan) |
| Filing 34 Joint PROPOSED WITNESS LIST by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan . (Bertels, Ryan) |
| Filing 33 STIPULATION OF FACTS by Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bertels, Ryan) |
| Filing 32 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan.(Bertels, Ryan) |
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Filing 31
ORDER entered by Judge Nanette K. Laughrey. The Preliminary Injunction hearing previously set for 7/13/2020 is reset for 7/24/2020 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/7/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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Filing 30
ORDER entered by Judge Nanette K. Laughrey. A Preliminary Injunction Hearing is set for 7/13/2020 at 01:00 PM in Courtroom 4A, Jefferson City. The parties' joint request for leave to file stipulation of facts and issues on or before July 8, 2020, is GRANTED. The parties shall file a witness list on or before July 9, 2020. Additionally, each party shall provide to the courtroom deputy the day of the hearing a completed exhibit index. Signed on 7/6/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 29
ORDER by Judge Nanette K. Laughrey. On June 17, 2020, Defendants moved to dismiss Plaintiff's second amended petition. Doc. #4 . On June 24, 2020, Plaintiff, with leave of Court, filed a third amended complaint. Doc. #19 . The third amended complaint supersedes and takes the place of the second amended petition. See, e.g., In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000) ("It is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect."). The motion to dismiss that was directed at the second amended petition therefore is DENIED as MOOT. See Avery v. Boyd Bros. Transp., No. 13-00579-CV-BP, 2013 U.S. Dist. LEXIS 190748, at **1-2 (W.D. Mo. Aug. 21, 2013) (denying motion to dismiss original complaint as moot because amended complaint "superseded and displaced [the] original complaint"). This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
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Filing 28
ORDER by Judge Nanette K. Laughrey. Defendants' unopposed motion for a protective order (Doc. #27 ) is GRANTED. However, before filing any material under seal, the filing party must first move for and be granted leave to file the material under seal. (Sreeprakash, Netra)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 06/26/2020 as Document No. 27-1, Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Warren, Melissa) |
| Filing 27 MOTION for protective order (unopposed) filed by Ryan E. Bertels on behalf of Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. Suggestions in opposition/response due by 7/10/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit A) This document has been deleted. (Bertels, Ryan) Modified on 6/29/2020 (Warren, Melissa). |
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Filing 26
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 7/16/2020. Rule 26 conference due by 7/9/2020. Signed on 6/25/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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| Filing 25 Amended NOTICE to take deposition of City of Ashland Records Custodian filed by Matthew B. Uhrig on behalf of Plaintiff Lyn Woolford.(Uhrig, Matthew) |
| Filing 24 DEFENDANTS' ANSWER to #19 Amended Complaint on behalf of Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan.(Bertels, Ryan) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ryan E. Bertels on behalf of Ashland, Missouri, City of, Bryan Bradford, Rick Lewis, Leslie Martin, Melissa Old, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. Suggestions in opposition/response due by 7/9/2020 unless otherwise directed by the court. (Bertels, Ryan) |
| Filing 22 NOTICE of appearance by Ryan E. Bertels on behalf of Bryan Bradford, Melissa Old (Attorney Ryan E. Bertels added to party Bryan Bradford(pty:dft), Attorney Ryan E. Bertels added to party Melissa Old(pty:dft))(Bertels, Ryan) |
| Filing 21 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on June 25, 2020. The Court informed the parties that, per the Local Rules, they must contact the Court to request a teleconference regarding discovery issues instead of filing any discovery motions. The parties presented statements regarding Plaintiff's Motion to Conduct Limited Expedited Discovery. The Court will permit the deposition of the records custodian to be taken on July 1, 2020. Counsel for Defendants shall inform the Court by the end of today if the records custodian is not available on that date. If the parties cannot agree upon a protective order by Friday, June 26, 2020, they should contact the Court by Monday, June 29, 2020 to request a teleconference to resolve their disputes. Counsel for Plaintiff requested a preliminary injunction hearing within the first two weeks of July, and counsel for Defendants had not objection to the scheduling of a preliminary injunction hearing in early July. However, because counsel indicated that they may be able to stipulate as to the facts and submit solely issues of law to the Court for resolution, the Court directed the parties to confer as to the manner of submission and the timing of the preliminary injunction hearing and to contact the Court by July 2, 2020 to discuss how they wish to proceed. Appearances: Plaintiff by Matthew Uhrig. Defendant by Ryan Bertels. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) |
| Filing 20 REPLY SUGGESTIONS to motion re #8 MOTION to expedite and Conduct Limited Discovery filed by Matthew B. Uhrig on behalf of Plaintiff Lyn Woolford. (Attachments: #1 Exhibit Exhibit 1)(Related document(s) #8 ) (Uhrig, Matthew) |
| Filing 19 AMENDED COMPLAINT Third against All Defendants filed by Matthew B. Uhrig on behalf of Lyn Woolford.(Uhrig, Matthew) |
| Filing 18 CERTIFICATE OF SERVICE by Lyn Woolford of Subpoena and Notice of Deposition to Records Custodian of the City of Ashland filed by Matthew B. Uhrig on behalf of Plaintiff Lyn Woolford.(Uhrig, Matthew) |
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Filing 17
ORDER by Judge Nanette K. Laughrey. In light of the fact that Defendants do not object to Plaintiff's motion for leave to file a third amended complaint (Doc. #15 ), the motion (Doc. #6 ) is GRANTED. The amended complaint must be filed within seven days. Signed on June 24, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
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Filing 16
ORDER entered by Judge Nanette K. Laughrey. The Telephone Conference previously set for 2:00 PM on 6/25/2020 is reset for 1:00 PM on 6/25/2020. The parties shall call conference 877-336-1274, access code 2707681 to participate. Signed on 6/24/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 15 RESPONSE to motion re #6 MOTION for leave to file Amended Petition and Add Parties filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Jesse Bronson, Danny Clay, Rick Lewis, Leslie Martin, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. Reply suggestions due by 7/8/2020 unless otherwise directed by the court. (Bertels, Ryan) |
| Filing 14 SUGGESTIONS in opposition re #8 MOTION to expedite and Conduct Limited Discovery filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Jesse Bronson, Danny Clay, Rick Lewis, Leslie Martin, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. Reply suggestions due by 7/8/2020 unless otherwise directed by the court. (Related document(s) #8 ) (Bertels, Ryan) |
| Filing 13 SUGGESTIONS in opposition re #9 MOTION for preliminary injunction filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Jesse Bronson, Danny Clay, Rick Lewis, Leslie Martin, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. Reply suggestions due by 7/8/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #9 ) (Bertels, Ryan) |
| Filing 12 MOTION to continue by 30 minutes (Letter to Judge) filed by Matthew B. Uhrig on behalf of Lyn Woolford. Suggestions in opposition/response due by 7/7/2020 unless otherwise directed by the court. (Uhrig, Matthew) |
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Filing 11
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 6/25/2020 at 02:00 PM regarding Plaintiff's motion for expedited discovery. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 6/23/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 10 NOTICE OF REASSIGNMENT from Magistrate Judge Willie J. Epps, Jr. to District Judge Nanette K. Laughrey. Motion for Preliminary Injunction filed, case reassigned to District Judge. This is a change in judge assignment only. Case number shall now read 2:20-cv-04105-NKL. Text entry only. No document attached. (Geiser, Angel) |
| Filing 9 MOTION for preliminary injunction filed by Matthew B. Uhrig on behalf of Lyn Woolford. Suggestions in opposition/response due by 7/2/2020 unless otherwise directed by the court. (Uhrig, Matthew) |
| Filing 8 MOTION to expedite and Conduct Limited Discovery filed by Matthew B. Uhrig on behalf of Lyn Woolford. Suggestions in opposition/response due by 7/2/2020 unless otherwise directed by the court. (Uhrig, Matthew) |
| Filing 7 Document 7 has been deleted as it was incomplete. The party will refile corrected document at a later time. Modified on 6/18/2020 (James, Carrie). |
| Filing 6 MOTION for leave to file Amended Petition and Add Parties filed by Matthew B. Uhrig on behalf of Lyn Woolford. Suggestions in opposition/response due by 7/2/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A)(Uhrig, Matthew) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 6/18/20 as Document No. 7, Motion. The document has been deleted as the incomplete document was filed. Counsel will refile the complete document. This is a text entry only - no document is attached. (James, Carrie) |
| Filing 5 Defendants' ANSWER to Complaint (Notice of Removal) (Second Amended) filed by Ryan E. Bertels on behalf of Defendants Ashland, Missouri, City of, Jesse Bronson, Danny Clay, Rick Lewis, Leslie Martin, Gene Rhorer, Jeffrey Sapp, Richard Sullivan. (Bertels, Ryan) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ryan E. Bertels on behalf of All Defendants. Suggestions in opposition/response due by 7/1/2020 unless otherwise directed by the court. (Bertels, Ryan) |
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Filing 3
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 06/17/2020 by Magistrate Judge Willie J. Epps, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Lock, Tania) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Boone County, Missouri County, case number 20BA-CV00784, All Defendants. Filing fee $ 400, receipt number AMOWDC-6904601. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Bertels, Ryan) (Attachment 4 replaced on 6/17/2020 to remove extra blank page) (Lock, Tania). |
| NOTICE OF MAGISTRATE ASSIGNMENT TO ALL PARITES: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 7/8/2020 unless otherwise directed by the court. (Lock, Tania) |
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