Miller v. Ziegler et al a.
Plaintiff: Rockne Miller and Rocky
Defendant: Sherman W. Birkes, Jr, Elizabeth L. Ziegler, Cheryl D.S. Walker, Helene J Frischer, Robert Cook, Bill and Wayne Henke
Consolidated Plaintiff: John LaVanchy
Case Number: 2:2021cv04233
Filed: December 16, 2021
Court: US District Court for the Western District of Missouri
Presiding Judge: M Douglas Harpool
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2022 Opinion or Order Filing 25 ORDER granting #23 motion to consolidate cases. It is hereby ORDERED that Case No. 2:21-CV-04233-MDH and Case No. 2:21-CV-04238-MDH be consolidated into Case No. 2:21-CV-04233-MDH. Signed on 2/10/2022 by District Judge M. Douglas Harpool. (Maerz, Mary)
February 10, 2022 Opinion or Order NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/9/2022 as Document No. 24, joint motion to consolidate. The document has been deleted as it was filed in the incorrect case. This is a text entry only - no document is attached. (Warren, Melissa)
February 9, 2022 Opinion or Order Filing 24 This document has been deleted. Joint MOTION to consolidate cases 2:21-CV-04238-MDH and 2:21-CV-04233-MDH filed by Amanda Rae Langenheim on behalf of All Defendants. Suggestions in opposition/response due by 2/23/2022 unless otherwise directed by the court. (Langenheim, Amanda)
February 9, 2022 Opinion or Order Filing 23 Joint MOTION to consolidate cases 2:21-CV-04233-MDH and 2:21-CV-04238-MDH filed by Amanda Rae Langenheim on behalf of All Defendants. Suggestions in opposition/response due by 2/23/2022 unless otherwise directed by the court. (Langenheim, Amanda)
February 8, 2022 Opinion or Order Filing 22 ELECTRONIC TRANSCRIPT of Motion Hearing held January 24, 2022 before Judge M. Douglas Harpool. Court Reporter: Jeannine Rankin, 417-225-7713, jeannine_rankin@mow.uscourts.gov. Number of pages: 107. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 2/15/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 5/9/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Rankin, Jeannine)
January 31, 2022 Opinion or Order Filing 21 NOTICE OF VIDEO HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for video teleconference on 5/12/2022 10:00 AM before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a combined mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov at least three (3) business days prior to the mediation. (Geiser, Angel)
January 27, 2022 Opinion or Order Filing 20 RULE 16 NOTICE. Proposed scheduling order due by 3/4/2022. Rule 26 conference due by 2/18/2022. Signed on 1/27/22 by District Judge M. Douglas Harpool. (View, Pat)
January 27, 2022 Opinion or Order Filing 19 ORDER taking under advisement #2 Motion for preliminary injunction; denying #2 motion for TRO. Signed on 1/27/2022 by District Judge M. Douglas Harpool. (Maerz, Mary)
January 24, 2022 Opinion or Order Filing 18 Minute Entry. Proceedings held before District Judge M. Douglas Harpool: MOTION HEARING held on 1/24/2022 re #2 Verified MOTION for preliminary injunction Verified MOTION for temporary restraining order filed by Rockne Miller. Time in court: 9:58 am to 12:12 pm. To order a transcript of this hearing please contact Jeannine Rankin, 417-225-7713, jeannine_rankin@mow.uscourts.gov. (Warren, Melissa)
January 24, 2022 Opinion or Order Filing 17 DEFENDANT'S EXHIBIT INDEX filed by Brian Earll on behalf of all defendant's. (Warren, Melissa)
January 24, 2022 Opinion or Order Filing 16 PLAINTIFF'S EXHIBIT INDEX filed by Cole Bradbury on behalf of Rockne Miller. (Warren, Melissa)
January 22, 2022 Opinion or Order Filing 15 REPLY SUGGESTIONS to motion re #2 Verified MOTION for preliminary injunction Verified MOTION for temporary restraining order filed by Cole D. Bradbury on behalf of Plaintiff Rockne Miller. (Related document(s) #2 ) (Bradbury, Cole)
January 20, 2022 Opinion or Order Filing 14 SUGGESTIONS in opposition re #2 Verified MOTION for preliminary injunction Verified MOTION for temporary restraining order filed by Brian Thomas Earll on behalf of Defendants Sherman W. Birkes, Jr, Robert Cook, Helene J Frischer, Wayne Henke, Cheryl D.S. Walker, Elizabeth L. Ziegler. Reply suggestions due by 2/3/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - MEC v. Brown, #2 Exhibit 2 - MEC v. Dalton, #3 Exhibit 3 - MEC v. Treece, #4 Exhibit 4 - AO 2019.05.L.004, #5 Exhibit 5 - AO 2019.05.L.003, #6 Exhibit 6 - AO 2019.12.L.008, #7 Exhibit 7 - Article)(Related document(s) #2 ) (Earll, Brian)
January 20, 2022 Opinion or Order Filing 13 ORDER granting #12 motion for leave to file excess pages. Signed on 1/20/2022 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
January 20, 2022 Opinion or Order Filing 12 MOTION for leave to file excess pages for Defendants Suggestions in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction filed by Brian Thomas Earll on behalf of All Defendants. Suggestions in opposition/response due by 2/3/2022 unless otherwise directed by the court. (Earll, Brian)
January 20, 2022 Opinion or Order Filing 11 NOTICE of appearance by Amanda Rae Langenheim on behalf of All Defendants (Attorney Amanda Rae Langenheim added to party Sherman W. Birkes, Jr(pty:dft), Attorney Amanda Rae Langenheim added to party Robert Cook(pty:dft), Attorney Amanda Rae Langenheim added to party Helene J Frischer(pty:dft), Attorney Amanda Rae Langenheim added to party Wayne Henke(pty:dft), Attorney Amanda Rae Langenheim added to party Cheryl D.S. Walker(pty:dft), Attorney Amanda Rae Langenheim added to party Elizabeth L. Ziegler(pty:dft))(Langenheim, Amanda)
January 3, 2022 Opinion or Order Filing 10 NOTICE OF HEARING regarding Doc. #2 MOTION for temporary restraining order : Motion Hearing set for 1/24/2022 10:00 AM in Courtroom 4B, Jefferson City (VDJJC) before District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda)
December 29, 2021 Opinion or Order Filing 9 SUGGESTIONS in support re #2 Verified MOTION for preliminary injunction Verified MOTION for temporary restraining order filed by Cole D. Bradbury on behalf of Plaintiff Rockne Miller. (Attachments: #1 Exhibit Exhibit 1 - Advisory Opinion)(Related document(s) #2 ) (Bradbury, Cole)
December 29, 2021 Opinion or Order Filing 8 ORDER granting in part and denying in part #3 motion to expedite. The Court hereby adopts the following briefing schedule: Plaintiff is ordered to file supporting suggestions to #2 motion for preliminary injunction and temporary restraining order on or before 1/10/2022. Defendant is ordered to file any response to Plaintiff's suggestions on or before 1/20/2022. Signed on 12/29/2021 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
December 22, 2021 Opinion or Order Filing 7 RETURN OF WAIVER OF SERVICE filed by Rockne Miller. Waiver sent to All Defendants. (Bradbury, Cole)
December 22, 2021 Opinion or Order Filing 6 NOTICE of appearance by Brian Thomas Earll on behalf of All Defendants (Attorney Brian Thomas Earll added to party Sherman W. Birkes, Jr(pty:dft), Attorney Brian Thomas Earll added to party Robert Cook(pty:dft), Attorney Brian Thomas Earll added to party Helene J Frischer(pty:dft), Attorney Brian Thomas Earll added to party Wayne Henke(pty:dft), Attorney Brian Thomas Earll added to party Cheryl D.S. Walker(pty:dft), Attorney Brian Thomas Earll added to party Elizabeth L. Ziegler(pty:dft))(Earll, Brian)
December 16, 2021 Opinion or Order Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Willie J. Epps, Jr. (Warren, Melissa)
December 16, 2021 Opinion or Order Filing 4 ADMINISTRATIVE TRANSFER. Pursuant to Administrative Directive 13, this case was randomly reassigned to the Honorable M. Douglas Harpool for all further proceedings. Please note the new case number: 2:21-cv-04233-MDH. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
December 16, 2021 Opinion or Order Filing 3 MOTION to expedite filed by Cole D. Bradbury on behalf of Rockne Miller. Suggestions in opposition/response due by 12/30/2021 unless otherwise directed by the court. (Bradbury, Cole)
December 16, 2021 Opinion or Order Filing 2 Verified MOTION for preliminary injunction , Verified MOTION for temporary restraining order filed by Cole D. Bradbury on behalf of Rockne Miller. Suggestions in opposition/response due by 12/30/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit 1 - Advisory Opinion)(Bradbury, Cole)
December 16, 2021 Opinion or Order Filing 1 COMPLAINT VERIFIED against All Defendants filed by Cole D. Bradbury on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7717170. Service due by 3/16/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Bradbury, Cole)

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Search for this case: Miller v. Ziegler et al a.
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Plaintiff: Rockne Miller
Represented By: Cole D. Bradbury
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Plaintiff: Rocky
Represented By: Cole D. Bradbury
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Defendant: Sherman W. Birkes, Jr
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Elizabeth L. Ziegler
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Cheryl D.S. Walker
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Helene J Frischer
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Robert Cook
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Bill
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Defendant: Wayne Henke
Represented By: Brian Thomas Earll
Represented By: Amanda Rae Langenheim
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Consolidated plaintiff: John LaVanchy
Represented By: Cole D. Bradbury
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