Kirsten v. Cape Royale at Ski Harbor Condominium Owners Association, Inc.
Plaintiff: Burton Kirsten
Defendant: Cape Royale at Ski Harbor Condominium Owners Association, Inc.
Case Number: 2:2022cv04109
Filed: July 19, 2022
Court: US District Court for the Western District of Missouri
Presiding Judge: M Douglas Harpool
Referring Judge: Nanette K Laughrey
Nature of Suit: Civil Rights: Accomodations
Cause of Action: 42 U.S.C. § 405 Fair Housing Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2022 Opinion or Order Filing 32 SUGGESTIONS in support re #2 MOTION for temporary restraining order filed by John A. MacKenzie on behalf of Plaintiff Burton Kirsten. (Attachments: #1 Exhibit A-D)(Related document(s) #2 ) (MacKenzie, John)
September 14, 2022 Opinion or Order Filing 31 REPLY SUGGESTIONS to motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Barzee on behalf of Defendant Cape Royale at Ski Harbor Condominium Owners Association, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #24 ) (Barzee, Michael)
September 7, 2022 Opinion or Order Filing 30 Minute Entry. Proceedings held before District Judge M. Douglas Harpool: Telephonic MOTION HEARING held on 9/7/2022 re #2 MOTION for temporary restraining order filed by Burton Kirsten. Parties present argument. Matter taken underadvisement. Counsel appearing for Plaintiff(s): John MacKenzie. Counsel appearing for Defendant(s): Michael Barzee. Time in court: 10:00 a.m. to 10:32 a.m. To order a transcript of this hearing please contact Jeannine Rankin, 417-225-7713, jeannine_rankin@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda)
August 31, 2022 Opinion or Order Filing 29 SUGGESTIONS in opposition to motion for summary judgment re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John A. MacKenzie on behalf of Plaintiff Burton Kirsten. Reply suggestions due by 9/14/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A-E)(Related document(s) #24 ) (MacKenzie, John)
August 24, 2022 Opinion or Order 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)
August 23, 2022 Opinion or Order Filing 28 ORDER granting #19 Attorney Bertels' Motion for Leave to Withdraw. Attorney Bertels informs the Court other counsel has entered on behalf of Defendant. Attorneys Lombardo and Barzee have entered appearances on behalf of Defendant. Plaintiff has filed no objection. This is a TEXT ONLY ENTRY. No document is attached. (CLC)
August 18, 2022 Opinion or Order Filing 27 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference regarding Doc. #2 Motion for TRO set for 8/31/22 at 2:30 PM HAS BEEN RESET FOR 9/7/2022 10:00 AM in DJ Courtroom 1, Springfield (MDH) before District Judge M. Douglas Harpool. Call-in information will be emailed to counsel. (Howard, Linda)
August 18, 2022 Opinion or Order Filing 26 RULE 16 NOTICE. Proposed scheduling order due by 10/5/2022. Rule 26 conference due by 9/19/2022. Signed on 8/18/22 by District Judge M. Douglas Harpool. (View, Pat)
August 17, 2022 Opinion or Order Filing 25 SUGGESTIONS in support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Barzee on behalf of Defendant Cape Royale at Ski Harbor Condominium Owners Association, Inc.. (Related document(s) #24 ) (Barzee, Michael)
August 17, 2022 Opinion or Order Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Barzee on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc.. Suggestions in opposition/response due by 8/31/2022 unless otherwise directed by the court. (Barzee, Michael)
August 16, 2022 Opinion or Order Filing 23 REPLY SUGGESTIONS to motion re #2 MOTION for temporary restraining order filed by John A. MacKenzie on behalf of Plaintiff Burton Kirsten. (Attachments: #1 Exhibit A-C)(Related document(s) #2 ) (MacKenzie, John)
August 10, 2022 Opinion or Order Filing 22 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference regarding Doc. #2 Motion for TRO set for 8/15/22 10:30 AM HAS BEEN RESET FOR 8/31/2022 02:30 PM in Chambers before District Judge M. Douglas Harpool. Call-in information will be emailed to counsel.(Howard, Linda)
August 10, 2022 Opinion or Order Filing 21 ORDER granting #20 motion to continue. Signed on 8/10/22 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda)
August 9, 2022 Opinion or Order Filing 20 MOTION to continue TRO Hearing (unopposed) filed by Richard F. Lombardo on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc.. Suggestions in opposition/response due by 8/23/2022 unless otherwise directed by the court. (Lombardo, Richard)
August 4, 2022 Opinion or Order Filing 19 MOTION to withdraw as attorney filed by Ryan E. Bertels on behalf of All Defendants. Suggestions in opposition/response due by 8/18/2022 unless otherwise directed by the court. (Bertels, Ryan)
August 4, 2022 Opinion or Order Filing 18 NOTICE of appearance by Michael Barzee on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc. (Attorney Michael Barzee added to party Cape Royale at Ski Harbor Condominium Owners Association, Inc.(pty:dft))(Barzee, Michael)
August 4, 2022 Opinion or Order Filing 17 NOTICE of appearance by Richard F. Lombardo on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc. (Attorney Richard F. Lombardo added to party Cape Royale at Ski Harbor Condominium Owners Association, Inc.(pty:dft))(Lombardo, Richard)
August 2, 2022 Opinion or Order Filing 16 SUGGESTIONS in opposition re #2 MOTION for temporary restraining order filed by Ryan E. Bertels on behalf of Defendant Cape Royale at Ski Harbor Condominium Owners Association, Inc.. Reply suggestions due by 8/16/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Cape Royale General Rules)(Related document(s) #2 ) (Bertels, Ryan)
August 1, 2022 Opinion or Order Filing 15 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference regarding Doc. #2 Motion for TRO set for 8/8/22 at 11:00 A.M. HAS BEEN RESET for 8/15/2022 10:00 AM in Chambers before District Judge M. Douglas Harpool. Call-in information will be emailed to counsel.(Howard, Linda)
August 1, 2022 Opinion or Order Filing 14 ORDER granting #13 motion to continue hearing. Signed on 8/1/22 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda)
July 29, 2022 Opinion or Order Filing 13 MOTION to continue of Hearing on Temporary Restraining Order filed by Ryan E. Bertels on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc.. Suggestions in opposition/response due by 8/12/2022 unless otherwise directed by the court. (Bertels, Ryan)
July 29, 2022 Opinion or Order Filing 12 RETURN OF SERVICE of complaint executed by Burton Kirsten. Cape Royale at Ski Harbor Condominium Owners Association, Inc. served on 7/27/2022, answer due 8/17/2022. (Driskell, Joel)
July 28, 2022 Opinion or Order Filing 11 NOTICE of appearance by Ryan E. Bertels on behalf of Cape Royale at Ski Harbor Condominium Owners Association, Inc. (Attorney Ryan E. Bertels added to party Cape Royale at Ski Harbor Condominium Owners Association, Inc.(pty:dft))(Bertels, Ryan)
July 27, 2022 Opinion or Order Filing 10 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference regarding Doc. #2 Motion for TRO set for 8/8/2022 11:00 AM in Chambers before District Judge M. Douglas Harpool. Call-in information will be emailed to Plaintiff's counsel. Plaintiff shall notify defendant of telephone conference and provide call-in information. (Howard, Linda)
July 21, 2022 Opinion or Order Filing 9 ORDER granting #8 motion to appear pro hac vice entered by Clerk of Court. Attorney John A. MacKenzie for Burton Kirsten allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
July 21, 2022 Opinion or Order Filing 8 Motion to allow John MacKenzie to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8026225) filed by Joel Henry Driskell on behalf of Burton Kirsten. (Driskell, Joel)
July 20, 2022 Opinion or Order Filing 7 ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge M. Douglas Harpool for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case. The case number shall now read 2:22-cv-4109-MDH. Signed on 07/20/2022 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
July 20, 2022 Opinion or Order Filing 6 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 07/20/2022 by District Judge Nanette K. Laughrey. (Lock, Tania)
July 19, 2022 Opinion or Order Filing 5 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)(Warren, Melissa)
July 19, 2022 Opinion or Order Filing 4 NOTICE OF REASSIGNMENT from Magistrate Judge Willie J. Epps, Jr. to District Judge Nanette K. Laughrey. This case number shall now read: 2:22-cv-04109-NKL. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
July 19, 2022 Opinion or Order Filing 3 SUGGESTIONS in support re #2 MOTION for temporary restraining order and Preliminary Injunction filed by Joel Henry Driskell on behalf of Plaintiff Burton Kirsten. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H)(Related document(s) #2 ) (Driskell, Joel)
July 19, 2022 Opinion or Order Filing 2 MOTION for temporary restraining order filed by Joel Henry Driskell on behalf of Burton Kirsten. Suggestions in opposition/response due by 8/2/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Driskell, Joel)
July 19, 2022 Opinion or Order Filing 1 COMPLAINT against Cape Royale at Ski Harbor Condominium Owners Association, Inc. filed by Joel Henry Driskell on behalf of Burton Kirsten. Filing fee $402, receipt number AMOWDC-8024141. Service due by 10/17/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Driskell, Joel)
July 19, 2022 Opinion or Order SUMMONS ISSUED as to Cape Royale at Ski Harbor Condominium Owners Association, Inc.; emailed to plaintiff's counsel. (Berner, Crystal)

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Plaintiff: Burton Kirsten
Represented By: Joel Henry Driskell
Represented By: John A. MacKenzie
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Defendant: Cape Royale at Ski Harbor Condominium Owners Association, Inc.
Represented By: Richard F. Lombardo
Represented By: Michael Barzee
Represented By: Ryan E. Bertels
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