Smith v. The City of Blue Springs, Missouri et al
| Jessica Smith |
| City of Blue Springs, Missouri, Blue Springs Police Department, Steven Emberton, Missouri State Highway Patrol, Michael P. Fennewald, Lafayette County, Missouri, Lafeyette County Prosecutor's Office, Kristin Ellis Hilbrenner, John Boyer, James Lawrence Wilson and John Does 1-10 |
| 4:2023cv00236 |
| April 7, 2023 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #40 The Join Consent Motion for Extension of Time on Briefing Schedule Relating to Defendant Missouri State Highway Patrol's Motion to Dismiss (Doc 17) and Defendant Fennewald's Motion to Dismiss (Doc 32) is GRANTED. Plaintiff's responsive pleading to Defendant MSHP's Motion to Dismiss (Doc. 17) is due on or before June 20, 2023. Plaintiff's responsive pleading to Defendant Fennewald's Motion to Dismiss (Doc. 32) shall be due on or before June 20, 2023. Defendant Fennewald's reply shall be due on or before July 17, 2023. Signed on 6/2/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 40 Consent MOTION for extension of time to file response/reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 MOTION to dismiss party Defendant Fennewald's Motion to Dismiss Joint Consent Motion for Extension of Time on Briefing Schedule Related to Dismiss Doc. 17 and Defendant Fennewald's Motion to Dismiss filed by J'Nan Kimak on behalf of Jessica Smith. Suggestions in opposition/response due by 6/16/2023 unless otherwise directed by the court. (Related document(s) #17 , #32 ) (Kimak, J'Nan) |
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Filing 39
ORDER granting #36 Plaintiff Jessica Smith's Unopposed Motion for Extension of Time to File Response to Defendants City of Blue Springs, Blue Springs Police Department and Steve Emberton's Motion to Dismiss (Doc. 34) is GRANTED, up to and including June 23, 2023. Signed on 6/2/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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Filing 38
ORDER granting #37 Plaintiff Jessica Smith's Unopposed Motion for Extension of Time to File Response to Defendants Lafayette County and Prosecutor Defendants' Motion to Dismiss (Doc. 30) is GRANTED, up to and including June 20, 2023. Signed on 6/2/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 37 Consent MOTION for extension of time to file response/reply filed by J'Nan Kimak on behalf of Jessica Smith. Suggestions in opposition/response due by 6/16/2023 unless otherwise directed by the court. (Kimak, J'Nan) |
| Filing 36 Consent MOTION for extension of time to file response/reply filed by J'Nan Kimak on behalf of Jessica Smith. Suggestions in opposition/response due by 6/16/2023 unless otherwise directed by the court. (Kimak, J'Nan) |
| Filing 35 SUGGESTIONS in support re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew David Holder on behalf of Defendants Blue Springs Police Department, City of Blue Springs, Missouri, Steven Emberton. (Attachments: #1 Exhibit A)(Related document(s) #34 ) (Holder, Andrew) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew David Holder on behalf of Blue Springs Police Department, City of Blue Springs, Missouri, Steven Emberton. Suggestions in opposition/response due by 6/9/2023 unless otherwise directed by the court. (Holder, Andrew) |
| 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) |
| Filing 33 SUGGESTIONS in support re #32 MOTION to dismiss party Defendant Fennewald's Motion to Dismiss Suggestions in Support of Fennewald's Motion to Dismiss filed by Adam J. Merello on behalf of Defendant Michael P. Fennewald. (Related document(s) #32 ) (Merello, Adam) |
| Filing 32 MOTION to dismiss party Defendant Fennewald's Motion to Dismiss filed by Adam J. Merello on behalf of Michael P. Fennewald. Suggestions in opposition/response due by 6/6/2023 unless otherwise directed by the court. (Merello, Adam) |
| Filing 31 SUGGESTIONS in support re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christopher L. Heigele on behalf of Defendants John Boyer, Kristin Ellis Hilbrenner, Lafayette County, Missouri, Lafeyette County Prosecutor's Office. (Attachments: #1 Exhibit A)(Related document(s) #30 ) (Heigele, Christopher) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christopher L. Heigele on behalf of John Boyer, Kristin Ellis Hilbrenner, Lafayette County, Missouri, Lafeyette County Prosecutor's Office. Suggestions in opposition/response due by 6/6/2023 unless otherwise directed by the court. (Heigele, Christopher) |
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Filing 29
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 7/6/2023. Rule 26 conference due by 6/22/2023. Signed on 5/22/23 by Chief District Judge Beth Phillips. (Cordell, Annette)
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Filing 28
ORDER granting #27 Plaintiff Jessica Smith's Consent Motion for Extension of Time to File Response to Defendant Missouri State Highway Patrol's Motion to Dismiss (Doc. 17) is GRANTED up to and including June 6, 2023. Signed on 5/18/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 27 Consent MOTION for extension of time to file response/reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF JESSICA SMITH'S CONSENT MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT MISSOURI STATE HIGHWAY PATROL'S MOTION TO DISMISS filed by J'Nan Kimak on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/1/2023 unless otherwise directed by the court. (Related document(s) #17 ) (Kimak, J'Nan) |
| Filing 26 MOTION for default judgment Plaintiff Jessica Smith's Motion for Default Judgment filed by J'Nan Kimak on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/30/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Kimak, J'Nan) |
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Filing 25
ORDER granting #24 Defendants City of Blue Springs, Blue Springs Police Department, and Steven Emberton's Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED, up to and including May 26, 2023. Signed on 5/15/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 24 MOTION for extension of time to file answer filed by Andrew David Holder on behalf of Blue Springs Police Department, City of Blue Springs, Missouri, Steven Emberton. Suggestions in opposition/response due by 5/26/2023 unless otherwise directed by the court. (Holder, Andrew) |
| Filing 23 NOTICE of appearance by Andrew David Holder on behalf of Blue Springs Police Department, City of Blue Springs, Missouri, Steven Emberton (Attorney Andrew David Holder added to party Blue Springs Police Department(pty:dft), Attorney Andrew David Holder added to party City of Blue Springs, Missouri(pty:dft), Attorney Andrew David Holder added to party Steven Emberton(pty:dft))(Holder, Andrew) |
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Filing 22
ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant Missouri State Highway Patrol's Motion to Dismiss, (Doc. 17.) Her opposition or response is now due on or before 5/23/2023. Signed on 5/10/2023 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Guy, Alec)
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| Filing 21 MOTION for extension of time to file response/reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 Suggestions in Support of Motion, filed by J'Nan Kimak on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/24/2023 unless otherwise directed by the court. (Related document(s) #17 , #18 ) (Kimak, J'Nan) |
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Filing 20
ORDER granting #19 Defendant Fennewald's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint is GRANTED, up to and including May 23, 2023. Signed on 5/2/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 19 MOTION for extension of time to file answer Defendant Fennewald's Unopposed Motion for Extension of Time to Answer or Otherwise Respond filed by Adam J. Merello on behalf of Michael P. Fennewald. Suggestions in opposition/response due by 5/16/2023 unless otherwise directed by the court. (Merello, Adam) |
| Filing 18 SUGGESTIONS in support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Adam J. Merello on behalf of Defendant Missouri State Highway Patrol. (Related document(s) #17 ) (Merello, Adam) Modified on 5/2/2023: Docket text changed to reflect correct defendant. NEF regenerated. Melvin, Greg) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Adam J. Merello on behalf of Defendant Missouri State Highway Patrol. Suggestions in opposition/response due by 5/16/2023 unless otherwise directed by the court. (Merello, Adam) Modified on 5/2/2023: Docket text changed to reflect correct defendant. NEF regenerated. (Melvin, Greg) |
| Filing 16 NOTICE of appearance by Adam J. Merello on behalf of Michael P. Fennewald, Missouri State Highway Patrol (Attorney Adam J. Merello added to party Michael P. Fennewald(pty:dft), Attorney Adam J. Merello added to party Missouri State Highway Patrol(pty:dft))(Merello, Adam) |
| Filing 15 RETURN OF SERVICE of complaint executed by All Plaintiffs. James Lawrence Wilson served on 4/13/2023, answer due 5/4/2023. (Kimak, J'Nan) |
| Filing 14 RETURN OF SERVICE of complaint executed by All Plaintiffs. Michael P. Fennewald served on 4/12/2023, answer due 5/3/2023. (Kimak, J'Nan) |
| Filing 13 RETURN OF SERVICE of complaint executed by All Plaintiffs. Blue Springs Police Department served on 4/12/2023, answer due 5/3/2023. (Kimak, J'Nan) |
| Filing 12 RETURN OF SERVICE of complaint executed by All Plaintiffs. City of Blue Springs, Missouri served on 4/12/2023, answer due 5/3/2023. (Kimak, J'Nan) |
| Filing 11 RETURN OF SERVICE of complaint executed by All Plaintiffs. John Boyer served on 4/12/2023, answer due 5/23/2023. (Kimak, J'Nan) |
| Filing 10 RETURN OF SERVICE of complaint executed by All Plaintiffs. Kristin Ellis Hilbrenner served on 4/12/2023, answer due 5/23/2023. (Kimak, J'Nan) |
| Filing 9 RETURN OF SERVICE of complaint executed by All Plaintiffs. Lafayette County, Missouri served on 4/12/2023, answer due 5/23/2023. (Kimak, J'Nan) |
| Filing 8 RETURN OF SERVICE of complaint executed by All Plaintiffs. Steven Emberton served on 4/12/2023, answer due 5/3/2023. (Kimak, J'Nan) |
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Filing 7
ORDER granting #5 Defendants Lafayette County, Missouri, Lafayette County Prosecutor's Office, Lafayette County Prosecutor Kristin Hilbrenner, and Assistant Lafayette County Prosecutor John Boyer's Agreed Motion for Extension of Time to Respond to Plaintiff's Complaint is GRANTED, up to and including May 23, 2023. Signed on 5/2/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 6 NOTICE of appearance by Jacob Donald Bielenberg on behalf of John Boyer, Kristin Ellis Hilbrenner, Lafayette County, Missouri, Lafeyette County Prosecutor's Office (Attorney Jacob Donald Bielenberg added to party John Boyer(pty:dft), Attorney Jacob Donald Bielenberg added to party Kristin Ellis Hilbrenner(pty:dft), Attorney Jacob Donald Bielenberg added to party Lafayette County, Missouri(pty:dft), Attorney Jacob Donald Bielenberg added to party Lafeyette County Prosecutor's Office(pty:dft))(Bielenberg, Jacob) |
| Filing 5 Consent MOTION for extension of time to file answer filed by Christopher L. Heigele on behalf of John Boyer, Kristin Ellis Hilbrenner, Lafayette County, Missouri, Lafeyette County Prosecutor's Office. Suggestions in opposition/response due by 5/16/2023 unless otherwise directed by the court. (Heigele, Christopher) |
| Filing 4 NOTICE of appearance by Christopher L. Heigele on behalf of John Boyer, Kristin Ellis Hilbrenner, Lafayette County, Missouri, Lafeyette County Prosecutor's Office (Attorney Christopher L. Heigele added to party John Boyer(pty:dft), Attorney Christopher L. Heigele added to party Kristin Ellis Hilbrenner(pty:dft), Attorney Christopher L. Heigele added to party Lafayette County, Missouri(pty:dft), Attorney Christopher L. Heigele added to party Lafeyette County Prosecutor's Office(pty:dft))(Heigele, Christopher) |
| Filing 3 RETURN OF SERVICE of complaint executed by All Plaintiffs. Missouri State Highway Patrol served on 4/11/2023, answer due 5/2/2023. (Kimak, J'Nan) |
| SUMMONS ISSUED as to Blue Springs Police Department, John Boyer, City of Blue Springs, Missouri, Kristin Ellis Hilbrenner, Steven Emberton, Michael P. Fennewald, Lafayette County, Missouri, Missouri State Highway Patrol, James Lawrence Wilson. (Woods, Gloria) |
| 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)(Melvin, Greg) |
| Filing 1 COMPLAINT against All Defendants filed by Andrew K Smith on behalf of Jessica L. Smith. Filing fee $402, receipt number AMOWDC-8404473. Service due by 7/6/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Probable Cause Statement, #3 Exhibit B - Transcript, #4 Exhibit C - Affidavit)(Smith, Andrew) Modified on 4/7/2023: Exhibit A replaced with redacted version to protect identifiers. (Melvin, Greg) |
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