Doe v. Tidball et al
| John Doe |
| Joan Rogers, Jennifer Tidball and Mark Stringer |
| Kathy Rodgers |
| 2:2021cv04035 |
| February 25, 2021 |
| US District Court for the Western District of Missouri |
| Willie J Epps |
| Nanette K Laughrey |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 44 RULES OF TRIAL. Signed on 04/23/2021 by District Judge Nanette K. Laughrey. (Lock, Tania) |
Filing 43
SCHEDULING ORDER: Discovery due by 8/31/2021. Pretrial Conference set for 2/14/2022 08:30 AM Courtroom 4A, Jefferson City (NKL) before District Judge Nanette K. Laughrey. Bench Trial set for 2/14/2022 09:00 AM in Courtroom 4A, Jefferson City (NKL) before District Judge Nanette K. Laughrey. Dispositive Motions due by 9/20/2021. Signed on 04/23/2021 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Lock, Tania)
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| Filing 42 Joint PROPOSED SCHEDULING ORDER by John Doe. (Rothert, Anthony) |
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Filing 41
ORDER entered by Judge Nanette K. Laughrey. Plaintiff's unopposed motion to produce Defendants' response and the competency evaluation filed under seal, Doc. #40 , is granted. Defendants must produce to Plaintiff's counsel and guardian ad litem its response and competency evaluation, Docs. 36, 36-1, no later than April 26, 2021. In addition, Defendants must file a notice of compliance with this Order by the same date. Plaintiff's counsel and guardian ad litem must maintain the documents' confidentiality. Signed on April 19, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 40 MOTION to produce Response and Competency Evaluation Filed Under Seal to Counsel for Plaintiff and Guardian ad Litem filed by Gillian R. Wilcox on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/3/2021 unless otherwise directed by the court. (Wilcox, Gillian) |
| 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 39
ORDER entered by Judge Nanette K. Laughrey.Proposed scheduling order due by 4/26/2021. Rule 26 conference due by 4/19/2021. Signed on 04/05/2021 by District Judge Nanette K. Laughrey. (Lock, Tania)
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| Filing 38 STATUS REPORT by John Doe. (Wilcox, Gillian) |
| Filing 37 ANSWER to #1 Complaint,, on behalf of Joan Rogers, Mark Stringer, Jennifer Tidball.(Buchheit, Zachary) |
| Filing 36 RESPONSE to motion (Sealed) Response to Court Order and Request to File Under Seal filed by Zachary T. Buchheit on behalf of Defendants Joan Rogers, Mark Stringer, Jennifer Tidball. Reply suggestions due by 4/16/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A)(Buchheit, Zachary) |
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Filing 35
Pending before the Court are four motions brought by Plaintiff John Doe: motion to proceed with pseudonym, motion to appoint next friend, motion to appoint guardian ad litem, and motion for order directing Defendants to file competency evaluation under seal. Docs. #3 , #4 , #5 , #6 . Defendants Jennifer Tidball, Mark Stringer, and Joan Rogers do not oppose the motions. Doc. #32 , p. 1. Accordingly, the Court grants the motions, Docs. #3 , #4 , #5 , #6 . Within seven days of the date of this Order, Defendants must file under seal a copy of Plaintiff 's recent competency evaluation. It is further ordered that Lori Ross is appointed as next friend and Kathy Rodgers is appointed as guardian ad litem on behalf of Plaintiff. Signed on March 26, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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Filing 34
ORDER entered by Judge Nanette K. Laughrey. Defendants' unopposed motion, Doc. #33 , for extension of time to respond to the complaint is granted. Defendants' answer or other responsive pleading must be filed on or before April 2, 2021. Signed on March 26, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 33 Consent MOTION for extension of time To Respond to Plaintiff's Complaint filed by Zachary T. Buchheit on behalf of Joan Rogers, Mark Stringer, Jennifer Tidball. Suggestions in opposition/response due by 4/8/2021 unless otherwise directed by the court. (Buchheit, Zachary) |
| Filing 32 RESPONSE to order re 27 Order,, filed by Zachary T. Buchheit on behalf of Defendants Joan Rogers, Mark Stringer, Jennifer Tidball. (Related document(s) 27 ) (Buchheit, Zachary) |
| Filing 31 RETURN OF SERVICE of complaint executed by John Doe. Joan Rogers served on 2/26/2021, answer due 3/19/2021. (Rothert, Anthony) |
| Filing 30 RETURN OF SERVICE of complaint executed by John Doe. Mark Stringer served on 2/26/2021, answer due 3/19/2021. (Rothert, Anthony) |
| Filing 29 RETURN OF SERVICE of complaint executed by John Doe. Jennifer Tidball served on 2/26/2021, answer due 3/19/2021. (Rothert, Anthony) |
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Filing 28
ORDER entered by Judge Nanette K. Laughrey. In light of the fact that other counsel continue to represent Defendants, Megan L. Dittmann-Ryan is granted leave to withdraw as counsel for Defendants, (Doc. #26 ). Signed on 03/22/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
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Filing 27
ORDER entered by Judge Nanette K. Laughrey. Four motions filed by Plaintiff are pending before the Court. Docs. #3 , #4 , #5 , #6 . Defendants' responses were due March 11, 2021 but no responses were filed. Accordingly, Defendant must show cause on or before April 2, 2021 why the motions should not be granted. By the same date, Plaintiff must provide a status report to the Court indicating whether Plaintiff intends to dismiss this case without prejudice. If Plaintiff intends to pursue litigation, then the proposed scheduling order is also due by April 2, 2021. Signed on March 19, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 26 MOTION to withdraw as attorney filed by Megan L. Dittmann-Ryan on behalf of All Defendants. Suggestions in opposition/response due by 3/29/2021 unless otherwise directed by the court. (Dittmann-Ryan, Megan) |
| Filing 25 NOTICE of appearance by Megan L. Dittmann-Ryan on behalf of Joan Rogers, Mark Stringer, Jennifer Tidball (Attorney Megan L. Dittmann-Ryan added to party Joan Rogers(pty:dft), Attorney Megan L. Dittmann-Ryan added to party Mark Stringer(pty:dft), Attorney Megan L. Dittmann-Ryan added to party Jennifer Tidball(pty:dft))(Dittmann-Ryan, Megan) |
| Filing 24 NOTICE of appearance by Zachary T. Buchheit on behalf of Joan Rogers, Mark Stringer, Jennifer Tidball (Attorney Zachary T. Buchheit added to party Joan Rogers(pty:dft), Attorney Zachary T. Buchheit added to party Mark Stringer(pty:dft), Attorney Zachary T. Buchheit added to party Jennifer Tidball(pty:dft))(Buchheit, Zachary) |
| Filing 23 Minute Entry. Teleconference held before the Honorable Nanette K. Laughrey on February 26, 2021. Defendants confirmed that the juvenile court determined that federal law allows and requires it to extend jurisdiction over Plaintiff, and that foster care services will remain in place. A written order from the juvenile court to that effect is anticipated, and Defendants stated they will comply with the order. Accordingly, the Court denied the motion for a temporary restraining order, Doc. #15 , as moot. Appearances: Plaintiff by Anthony Rothert, Kayla DeLoach, Molly Carney, Elizabeth Hope Fink, Amanda Schneider and Gillian Wilcox. Defendants by Megan Dittman-Ryan. Time in court: 5:30 pm to 5:34 pm. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
| Filing 22 Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: PRELIMINARY INJUNCTION HEARING held on 2/26/2021. Teleconference held before the Honorable Nanette K. Laughrey on February 26, 2021. Oral argument presented by the parties regarding Plaintiffs motion for temporary restraining order, Doc. 15. The parties stated that state court proceedings are ongoing this afternoon. The Court will reconvene at 5:30 pm to discuss the implications of those state court proceedings on the federal case. The parties shall use the same conference call information to participate. Appearances: Plaintiff by Anthony Rothert, Kayla DeLoach, Molly Carney, Elizabeth Hope Fink, Elizabeth VanDenberg, Amanda Schneider. Defendants by Megan Dittman-Ryan and Zachary Buchheit. Time in court: 3:04 pm to 3:22 pm. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
| Filing 21 NOTICE of appearance by Jessie Steffan on behalf of All Plaintiffs (Attorney Jessie Steffan added to party John Doe(pty:pla))(Steffan, Jessie) |
| Filing 20 NOTICE of appearance by Kayla DeLoach on behalf of John Doe (Attorney Kayla DeLoach added to party John Doe(pty:pla))(DeLoach, Kayla) |
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Filing 19
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 2/26/2021 at 03:00 PM regarding Plaintiff's Motion for Temporary Restraining Order. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Plaintiff's counsel shall provide Defendants with notification of this hearing and the conference number information. Signed on February 26, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 18 NOTICE of appearance by Molly E. Carney on behalf of All Plaintiffs (Attorney Molly E. Carney added to party John Doe(pty:pla))(Carney, Molly) |
| Filing 16 SUGGESTIONS in support re #15 Emergency MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Plaintiff John Doe. (Attachments: #1 Exhibit declaration of Lori Ross)(Related document(s) #15 ) (Rothert, Anthony) |
| Filing 15 Emergency MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of John Doe. Suggestions in opposition/response due by 3/12/2021 unless otherwise directed by the court. (Rothert, Anthony) |
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Filing 14
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 02/26/2021 by District Judge Nanette K. Laughrey. (Lock, Tania)
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| Filing 13 NOTICE of appearance by Amanda J Schneider on behalf of John Doe (Attorney Amanda J Schneider added to party John Doe(pty:pla))(Schneider, Amanda) |
| Filing 12 ADMINISTRATIVE TRANSFER. This case is randomly reassigned to the Honorable Judge Nanette K. Laughrey for all further proceedings. Please note the new case number: 2:21-04035-CV-C-NKL. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) |
| SUMMONS ISSUED as to Joan Rogers, Mark Stringer, Jennifer Tidball; emailed to plaintiff's counsel. (Berner, Crystal) |
| Filing 17 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)(Berner, Crystal) |
| Filing 11 NOTICE of appearance by Elizabeth Hope Fink on behalf of John Doe (Attorney Elizabeth Hope Fink added to party John Doe(pty:pla))(Fink, Elizabeth) |
| Filing 10 SUGGESTIONS in support re #4 MOTION for order appointing next friend filed by Anthony E. Rothert on behalf of Plaintiff John Doe. (Attachments: #1 Affidavit)(Related document(s) #4 ) (Rothert, Anthony) |
| Filing 9 SUGGESTIONS in support re #5 MOTION to appoint Guardian ad Litem ad Litem filed by Anthony E. Rothert on behalf of Plaintiff John Doe. (Related document(s) #5 ) (Rothert, Anthony) |
| Filing 8 SUGGESTIONS in support re #3 MOTION for order permitting Plaintiff to proceed with use of pseudonym and file his true name under seal filed by Anthony E. Rothert on behalf of Plaintiff John Doe. (Related document(s) #3 ) (Rothert, Anthony) |
| Filing 7 SUGGESTIONS in support re #6 MOTION for order directing defendants to file under seal copy of competency evaluation or in the alternate appoint an examiner filed by Anthony E. Rothert on behalf of Plaintiff John Doe. (Related document(s) #6 ) (Rothert, Anthony) |
| Filing 6 MOTION for order directing defendants to file under seal copy of competency evaluation or in the alternate appoint an examiner filed by Anthony E. Rothert on behalf of John Doe. Suggestions in opposition/response due by 3/11/2021 unless otherwise directed by the court. (Rothert, Anthony) |
| Filing 5 MOTION to appoint Guardian ad Litem ad Litem filed by Anthony E. Rothert on behalf of John Doe. Suggestions in opposition/response due by 3/11/2021 unless otherwise directed by the court. (Rothert, Anthony) |
| Filing 4 MOTION for order appointing next friend filed by Anthony E. Rothert on behalf of John Doe. Suggestions in opposition/response due by 3/11/2021 unless otherwise directed by the court. (Rothert, Anthony) |
| Filing 3 MOTION for order permitting Plaintiff to proceed with use of pseudonym and file his true name under seal filed by Anthony E. Rothert on behalf of John Doe. Suggestions in opposition/response due by 3/11/2021 unless otherwise directed by the court. (Rothert, Anthony) |
| Filing 2 NOTICE of appearance by Gillian R. Wilcox on behalf of All Plaintiffs (Attorney Gillian R. Wilcox added to party John Doe(pty:pla))(Wilcox, Gillian) |
| Filing 1 COMPLAINT against Joan Rogers, Mark Stringer, Jennifer Tidball filed by Anthony E. Rothert on behalf of John Doe. Filing fee $402, receipt number AMOWDC-7303169. Service due by 5/26/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet, #2 Public Law 116-260, H.R. 133, Consolidated Appropriations Act, 2021, #3 United States Department of Health and Human Services Administration for Children, Youth, and Families Guidance (2021))(Rothert, Anthony) |
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