Duvall v. Scott et al
| John C Duvall |
| Dr. Earl D. Scott, Dr. Keith Segall, Centurion of Missouri, LLC, Anne L. Precythe, Johnetta Moore, Dr. Philip E. Tippen, Dr. Jerry Lovelace, Chelsie Stewman, E. Jackson, John/Jane Doe and Dr. Paskar |
| 2:2023cv04160 |
| August 24, 2023 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Prisoner Pro Se |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
ORDER that Plaintiff's motion for leave to file a second amended complaint (Doc. #36 ) is denied as moot. Plaintiff's proposed second amended complaint appears to be identical to the amended complaint this Court recently granted Plaintiff leave to file on October 4, 2023 (See Docs. #26 , #35 ). Signed on 10/6/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
|
| Filing 36 PLAINTIFF'S MOTION for leave to file a second Amended Complaint filed by John C Duvall. Suggestions in opposition/response due by 10/20/2023. (Willis, Kathy) |
|
Filing 35
ORDERED that: (1) Defendants Lovelace, Stewman, John/Jane Doe, Tippen and Moore are severed and dismissed from this case pursuant to Plaintiffs notice of voluntary dismissal (Doc. #25 ); (2) Plaintiff's motion for judicial notice (Doc. #33 ) is granted only in that the Court takes judicial notice of the state-court docket involving this case; (3) Plaintiff's motion for leave to file an amended complaint (Doc. #26 ) is granted; (4) Defendants Centurion, Lovelace, Moore, Scott, Segall, Stewman, and Tippen's motion for judgment on the pleadings (Doc. #6 ) and Defendant Precythe's motion to dismiss for failure to state a claim (Doc. #17 ) are denied without prejudice as moot; (5) Dr. Paskar is added as a Defendant in this case; (6) Centurion shall notify the Court, in writing, within thirty days from the date of this Order, as to whether service of process will be waived for Dr. Paskar. If service is not waived, Centurion shall advise the Court as to whether Defendant Paskar is a current or former employee of Centurion, and if so, shall provide the Court with Defendant Paskar's last known addresses, in camera, for the purpose of service of process; (7) Defendant Paskar shall answer or otherwise respond to Plaintiff's amended complaint, pursuant to Fed. R. Civ. P. 4 and 12, within sixty days from the date of this Order if service of process is waived, or within twenty-one days after service of process if service of process is not waived; (8) Defendants Scott, Segall, Centurion, Precythe, and Jackson, shall answer or otherwise respond to Plaintiff's amended complaint within twenty-one days of this Order; and (9) Defendants Centurion, Lovelace, Moore, Scott, Segall, Stewman, and Tippen's motion to stay discovery on the merits (Doc. #34 ) is granted, in that discovery on the merits is stayed until thirty days after the Court issues a ruling on any forthcoming dispositive motions filed in response to Plaintiff's amended complaint. Signed on 10/4/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
|
| Filing 34 MOTION to stay Discovery on the Merits filed by Katherine Marie Grady on behalf of Centurion of Missouri, LLC, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Suggestions in opposition/response due by 10/17/2023 unless otherwise directed by the court. (Grady, Katherine) |
| Filing 33 PLAINTIFF'S MOTION for Judicial Notice of State Court Pleadings filed by John C Duvall. Suggestions in opposition/response due by 10/13/2023. (Attachment: #1 State Court Pleadings)(Willis, Kathy) |
| Filing 32 PLAINTIFF'S SUGGESTIONS in Support of Motion for Leave to File Amended Complaint and Join a Defendant (Doc. #26 ) filed by John C Duvall. (Attachment: #1 Proposed Amended Complaint (additional copy of identical proposed complaint docketed at #26 )(Willis, Kathy) |
| Filing 31 SUGGESTIONS in opposition re #26 MOTION for leave to file Separate Defendant Anne L. Precythe's Suggestions in Opposition to Plaintiff's Motion for Leave to Amend Complaint filed by Joshua Joseph Sieg on behalf of Defendant Anne L. Precythe. Reply suggestions due by 10/12/2023 unless otherwise directed by the court. (Related document(s) #26 ) (Sieg, Joshua) |
| Filing 30 NOTICE of filing Memorandum to Court by Anne L. Precythe (Sieg, Joshua) |
| Filing 29 NOTICE of appearance by Marcus Kenneth Gnade on behalf of E. Jackson (Attorney Marcus Kenneth Gnade added to party E. Jackson(pty:dft))(Gnade, Marcus) |
| Filing 28 NOTICE of appearance by J. Thaddeus Eckenrode on behalf of E. Jackson (Attorney J. Thaddeus Eckenrode added to party E. Jackson(pty:dft))(Eckenrode, J.) |
| Filing 27 SUGGESTIONS in opposition re #26 MOTION for leave to file filed by Katherine Marie Grady on behalf of Defendants Centurion of Missouri, LLC, Jerry Lovelace, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Reply suggestions due by 10/12/2023 unless otherwise directed by the court. (Related document(s) #26 ) (Grady, Katherine) |
| Set/Reset Deadlines as to #6 MOTION for judgment on the pleadings for Failure to State a Claim. Reply suggestions due by 10/5/2023 unless otherwise directed by the court. (Matthes Mitra, Renea) |
| Filing 26 PLAINTIFF'S AMENDED COMPLAINT filed by John C Duvall. (Willis, Kathy) |
| Filing 25 PLAINTIFF'S NOTICE of voluntary dismissal of Defendants Lovelace, Stewman, Doe, Tippen and Moore filed by John C Duvall. (Willis, Kathy) |
|
Filing 24
ORDER that: (1) Plaintiff's motions to expedite discovery and for partial summary judgment (Docs. #20 , #23 ) are denied without prejudice as premature for the reasons set forth in this Court's Order denying Plaintiff's prior request for such relief (Doc. #15 ) and because Plaintiff fails otherwise to establish good cause for such relief at this time. This case will proceed on the deadlines set by the Court; and (2) on or before October 19, 2023, Corizon shall notify the Court as to whether it will waive service of process for Defendant Jackson. If service is not waived, Corizon shall advise the Court as to whether Defendant Jackson is a current or former employee of Corizon, and if so, shall provide the Court with Defendant Jackson's last known addresses, in camera, for the purpose of service of process. Signed on 9/22/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
|
| Filing 21 PLAINTIFF'S SUGGESTIONS in opposition to Defendants' MOTION for judgment on the pleadings (Doc. #6 ) filed by John C Duvall. Reply suggestions due by 10/5/2023. (Willis, Kathy) |
| Filing 23 PLAINTIFF'S MOTION for partial summary judgment filed by John C Duvall. Suggestions in opposition/response due by 10/12/2023 unless otherwise directed by the court. (Attachments: #1 Memorandum in Support, #2 Exhibits)(Willis, Kathy) |
| Filing 22 PLAINTIFF'S RESPONSE to Order of 9/7/2023 (Doc. #11 ) filed by John C Duvall.(Willis, Kathy) |
| Filing 20 PLAINTIFF'S MOTION to expedite discovery filed by John C Duvall. Suggestions in opposition/response due by 9/29/2023(Attachment: #1 Memorandum in Support of Motion)(Willis, Kathy) |
|
Filing 19
ORDER that Plaintiff shall file a response, on or before October 5, 2023, to Defendant Precythe's motion to dismiss (Doc. #17 ). Failure to file a timely response may result in dismissal of this case without further notice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and failure to comply with this Court's Orders. Signed on 9/21/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
|
| Filing 18 SUGGESTIONS in support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Separate Defendant Anne Precythe's Motion to Dismiss Memorandum in Support of Separate Defendant Anne Precythe's Motion to Dismiss filed by Joshua Joseph Sieg on behalf of Defendant Anne L. Precythe. (Related document(s) #17 ) (Sieg, Joshua) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Separate Defendant Anne Precythe's Motion to Dismiss filed by Joshua Joseph Sieg on behalf of Anne L. Precythe. Suggestions in opposition/response due by 10/5/2023 unless otherwise directed by the court. (Sieg, Joshua) |
| Filing 16 RESPONSE to order re #11 Order on Motion for Leave to File,,,, filed by Katherine Marie Grady on behalf of Defendants Centurion of Missouri, LLC, Jerry Lovelace, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. (Related document(s) #11 ) (Grady, Katherine) |
|
Filing 15
ORDERED that:(1) Plaintiffs Motions to Expedite Discovery (Docs. 9, 10) and Motion for Partial Summary Judgement (Doc. 12) are DENIED without prejudice; and (2) Defendants Motion to Strike Plaintiffs Partial Motion for Summary Judgment (Doc. 14), is GRANTED. Signed on September 13, 2023 by District Judge Stephen R. Bough. (Sutton, Kristi)
|
| Filing 14 MOTION to strike #12 Plaintiff's Partial Motion for Summary Judgment filed by Katherine Marie Grady on behalf of Centurion of Missouri, LLC, Jerry Lovelace, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Suggestions in opposition/response due by 9/27/2023 unless otherwise directed by the court. (Grady, Katherine) |
| Filing 13 SUGGESTIONS in opposition re #10 MOTION to expedite Discovery filed by Katherine Marie Grady on behalf of Defendants Centurion of Missouri, LLC, Jerry Lovelace, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Reply suggestions due by 9/27/2023 unless otherwise directed by the court. (Related document(s) #10 ) (Grady, Katherine) |
| Filing 12 Plaintiff's MOTION for partial summary judgment against Defendants Dr. Earl D. Scott, Johnetta Moore, and Dr. Keith Segall filed by John C Duvall. Suggestions in opposition/response due by 10/2/2023 unless otherwise directed by the court. (Attachments: #1 Supplement Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment, #2 Exhibit Plaintiff's Exhibits)(Sutton, Kristi) |
|
Filing 11
ORDERED that: (1) if Plaintiff possesses addresses or any other identifying information regarding either Defendant for whom service of process has not yet been waived, he shall provide that to the Court on or before September 28, 2023; and (2) on or before October 5, 2023, the Missouri Attorney General and Centurion shall notify the Court as to whether Defendants Jackson and/or John/Jane Doe are current or former employees of either the Missouri Department of Corrections or Centurion and, if so, shall provide the Court with their last known addresses, in camera, for the purpose of service of process; (3) Defendants Dr. Earl D. Scott, Dr. Keith Segall, Centurion of Missouri, Dr. Philip E. Tippen, Dr. Jerry Lovelace, and Chelsie Stewman's motion for leave to file additional pages (Doc. #5 ), is GRANTED; and (4) Plaintiff shall file his response to Defendants Dr. Earl D. Scott, Dr. Keith Segall, Centurion of Missouri, LLC, Johnetta Moore, Dr. Philip E. Tippen, Dr. Jerry Lovelace, and Chelsie Stewman's motion for judgment on the pleadings (Doc. #6 ), on or before September 28, 2023, or this case may be dismissed without further notice. Signed on 9/7/23 by District Judge Stephen R. Bough. (Cole, Robert)
|
| Filing 10 PLAINTIFF'S MOTION, with MEMORANDUM, to expedite responses to Request for Production of Documents filed by John C Duvall. Suggestions in opposition/response due by 9/19/2023. (#1 Motion/Memo attachments)(Willis, Kathy) |
| Filing 9 PLAINTIFF'S MOTION, with MEMORANDUM, to expedite answers to interrogatories filed by John C Duvall. Suggestions in opposition/response due by 9/19/2023. (#1 Motion/Memo attachments)(Willis, Kathy) |
| Filing 8 PLAINTIFF'S STATEMENT filed by John C Duvall.(Willis, Kathy) |
| Filing 7 SUGGESTIONS in support re #6 MOTION for judgment on the pleadings for Failure to State a Claim filed by Katherine Marie Grady on behalf of Defendants Centurion of Missouri, LLC, Jerry Lovelace, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. (Related document(s) #6 ) (Grady, Katherine) |
| Filing 6 MOTION for judgment on the pleadings for Failure to State a Claim filed by Katherine Marie Grady on behalf of Centurion of Missouri, LLC, Jerry Lovelace, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Suggestions in opposition/response due by 9/28/2023 unless otherwise directed by the court. (Grady, Katherine) |
| Filing 5 MOTION for leave to file Additional Pages filed by Katherine Marie Grady on behalf of Centurion of Missouri, LLC, Jerry Lovelace, Johnetta Moore, Earl D. Scott, Keith Segall, Chelsie Stewman, Philip E. Tippen. Suggestions in opposition/response due by 9/13/2023 unless otherwise directed by the court. (Grady, Katherine) |
| Filing 4 NOTICE of appearance by Joshua Joseph Sieg on behalf of Anne L. Precythe (Attorney Joshua Joseph Sieg added to party Anne L. Precythe(pty:dft))(Sieg, Joshua) |
| Filing 3 NOTICE of filing Defendant Anne L. Precythe's Consent to Removal by Anne L. Precythe (Sieg, Joshua) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Dennis S. Harms on behalf of Defendant Centurion of Missouri, LLC.(Harms, Dennis) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Cole County, case number 23AC-CC03276, filed by Dennis S. Harms. Filing fee $402, receipt number AMOWDC-8590910. (Attachments: #1 Exhibit A - All documents served upon defendants, #2 Exhibit B - Civil Cover Sheet, #3 Exhibit C - Entries of Appearance of Dennis Harms and Katherine Grady)(Harms, Dennis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
