Roni Lynn Kitchen et al v. Board of County Commissioners for Garfield County et al
| Roni Lynn Kitchen |
| Board of County Commissioners for Garfield County, Garfield County Sheriffs Office, Cory Rink, Enid City of, Enid Police Department, UHS of Oklahoma LLC a domestic limited liability company doing business as Mary's Regional Medical Center, DO Annie Cacy, DO Patrick O'Hayre, DO Carolina Wales, David Hadley, Brian O'Rourke, Robert Elliott, Ben Crooks, Garfield County Criminal Justice Authority, Morgan Baggitt, Advanced Correctional Healthcare Inc and Does 1-3 |
| 5:2023cv01070 |
| November 22, 2023 |
| US District Court for the Western District of Oklahoma |
| Scott L Palk |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 30
ORDER granting #24 Plaintiff's Motion to Remand; denying as moot #5 , #8 , #9 , #10 , #11 , #12 , #13 and #18 Motions to Dismiss; denying as moot #27 Unopposed Motion to Stay; and, terminating #25 Motion to Dismiss. This matter is remanded to the District Court of Garfield County, State of Oklahoma. The Clerk of Court is directed to take all actions necessary to effect the remand. Signed by Judge Scott L. Palk on 1/18/24. (mjs)
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| Filing 29 RESPONSE to Motion re #24 FIRST MOTION to Remand to State Court filed by Advanced Correctional Healthcare Inc. (McMillin, Michael) |
| Filing 28 ANSWER to #22 Amended Complaint by UHS of Oklahoma LLC.(Kaaihue, Meilani) |
| Filing 27 UNOPPOSED MOTION to Stay Case Pending Resolution of Plaintiff's Motion to Remand (Dkt. 24) by Morgan Baggitt, Board of County Commissioners for Garfield County, Ben Crooks(an individual, in his official capacity ), Robert Elliott, Garfield County Criminal Justice Authority, Garfield County Sheriffs Office, David Hadley, Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ). (Isaacs, Jennifer) |
| Filing 26 RESPONSE to Motion re #24 FIRST MOTION to Remand to State Court filed by Morgan Baggitt, Board of County Commissioners for Garfield County, Ben Crooks(an individual, in his individual capacity ), Robert Elliott, Garfield County Criminal Justice Authority, Garfield County Sheriffs Office, David Hadley, Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ). (Isaacs, Jennifer) |
| Filing 25 MOTION to Dismiss by Enid City of. (Wood, Scott) |
| Filing 24 FIRST MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Exhibit Defendants' Notice of Removal filed in Garfield County Dist Court, #2 Attachment Proposed Order Remanding to State Court)(Barker, Benjamin) |
| Filing 23 ENTRY of Appearance by Benjamin J Barker on behalf of All Plaintiffs (Barker, Benjamin) |
| Filing 22 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(Barker, Benjamin) |
| Filing 21 ENTRY of Appearance by Meilani C Kaaihue on behalf of UHS of Oklahoma LLC (Kaaihue, Meilani) |
| Filing 20 ENTRY of Appearance by Anthony C Winter on behalf of UHS of Oklahoma LLC (Winter, Anthony) |
| Filing 19 NOTICE of Subpoena by Annie Cacy, Carolina Wales (Attachments: #1 Exhibit A - Subpoena to OK Center for Poison & Drug Information)(Rush, Jason) |
| Filing 18 NOTICE (other) by Advanced Correctional Healthcare Inc re #1 Notice of Removal,,,,,,, OF PENDING MOTION TO DISMISS FILED IN STATE COURT (Attachments: #1 Exhibit Exhibit I)(McMillin, Michael) |
| Filing 17 ENTRY of Appearance by Michael S McMillin on behalf of Advanced Correctional Healthcare Inc (McMillin, Michael) |
| Filing 16 ANSWER to Complaint (Notice of Removal) by Carolina Wales.(Rush, Jason) |
| Filing 15 ANSWER to Complaint (Notice of Removal) by Annie Cacy.(Rush, Jason) |
| Filing 14 ENTRY of Appearance by Jason C Rush on behalf of Annie Cacy, Carolina Wales (Rush, Jason) |
| Filing 13 MOTION to Dismiss and Brief in Support by Morgan Baggitt. (Isaacs, Jennifer) |
| Filing 12 MOTION to Dismiss and Brief in Support by Ben Crooks(an individual, in his official capacity ), Ben Crooks(an individual, in his individual capacity ). (Isaacs, Jennifer) |
| Filing 11 MOTION to Dismiss and Brief in Support by Garfield County Criminal Justice Authority. (Attachments: #1 Exhibit 1 - Burris v. OK Dept of Corrections, #2 Exhibit 2 - Seal v. Jones)(Isaacs, Jennifer) |
| Filing 10 MOTION to Dismiss and Brief in Support by Robert Elliott, David Hadley. (Isaacs, Jennifer) |
| Filing 9 MOTION to Dismiss and Brief in Support by Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ). (Attachments: #1 Exhibit 1 - Burris v. OK Dept of Corrections, #2 Exhibit 2 - Seal v. Jones)(Isaacs, Jennifer) |
| Filing 8 MOTION to Dismiss and Brief in Support by Board of County Commissioners for Garfield County, Garfield County Sheriffs Office. (Attachments: #1 Exhibit 1 - Kirkendall-Heller v. Bd OK Co, #2 Exhibit 2 - Burris v. OK Dept of Corrections, #3 Exhibit 3 - Seal v. Jones)(Isaacs, Jennifer) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer re #6 MOTION for Extension of Time to File Answer re #1 Notice of Removal or Submit Other Responsive Pleadings to Plaintiff's Complaint Morgan Baggitt answer due 12/6/2023; Board of County Commissioners for Garfield County answer due 12/6/2023; Ben Crooks(an individual, in his official capacity ) answer due 12/6/2023; Ben Crooks(an individual, in his individual capacity ) answer due 12/6/2023; Robert Elliott answer due 12/6/2023; Garfield County Criminal Justice Authority answer due 12/6/2023; Garfield County Sheriffs Office answer due 12/6/2023; David Hadley answer due 12/6/2023; Cory Rink(in his individual capacity as Garfield County Sheriff ) answer due 12/6/2023; Cory Rink(in his official capacity as Garfield County Sheriff ) answer due 12/6/2023.. Signed by Judge Scott L. Palk on 11/29/23. (mjs)
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| Filing 6 MOTION for Extension of Time to File Answer re #1 Notice of Removal,,,,,,, or Submit Other Responsive Pleadings to Plaintiff's Complaint by Morgan Baggitt, Board of County Commissioners for Garfield County, Ben Crooks(an individual, in his official capacity ), Ben Crooks(an individual, in his individual capacity ), Robert Elliott, Garfield County Criminal Justice Authority, Garfield County Sheriffs Office, David Hadley, Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ). (Isaacs, Jennifer) |
| Filing 5 NOTICE OF PENDING MOTIONS by Enid City of (Attachments: #1 Exhibit Enid Motion to Dismiss)(Wood, Scott) |
| Filing 4 ENTRY of Appearance by Scott B Wood on behalf of Enid City of (Wood, Scott) |
| Filing 3 ENTRY of Appearance by Howard T Morrow on behalf of Morgan Baggitt, Board of County Commissioners for Garfield County, Ben Crooks(an individual, in his official capacity ), Ben Crooks(an individual, in his individual capacity ), Robert Elliott, Garfield County Criminal Justice Authority, Garfield County Sheriffs Office, David Hadley, Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ) (Morrow, Howard) |
| Filing 2 ENTRY of Appearance by Jennifer Isaacs on behalf of Morgan Baggitt, Board of County Commissioners for Garfield County, Ben Crooks(an individual, in his official capacity ), Ben Crooks(an individual, in his individual capacity ), Robert Elliott, Garfield County Criminal Justice Authority, Garfield County Sheriffs Office, David Hadley, Cory Rink(in his individual capacity as Garfield County Sheriff ), Cory Rink(in his official capacity as Garfield County Sheriff ) (Isaacs, Jennifer) |
| WESTERN DISTRICT CASE MANAGEMENT ENTRY MOTION to Dismiss by Advanced Correctional Healthcare Inc. (mjs) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-4302477. (Isaacs, Jennifer) |
| WESTERN DISTRICT CASE MANAGEMENT ENTRY MOTION to Dismiss by Enid City of, Enid Police Department. (mjs) |
| Filing 1 NOTICE OF REMOVAL from The District Court of Garfield County, case number CJ-2023-133 filed by Garfield County Sheriffs Office, Ben Crooks(an individual, in his individual capacity ), Robert Elliott, Garfield County Criminal Justice Authority, David Hadley, Board of County Commissioners for Garfield County. (Attachments: #1 Exhibit 1- Docket Sheet, #2 Exhibit 2- Petition, #3 Exhibit 3 - Summons to Board, #4 Exhibit 4 - Summons to Sheriff Office, #5 Exhibit 5 - Summons to Sheriff, #6 Exhibit 6 - Summons to City of Enid, #7 Exhibit 7 - Summons to City of Enid, #8 Exhibit 8 - Summons to UHS of OK, #9 Exhibit 9 - Summons to Cacy, #10 Exhibit 10 - Summons to OHayre, #11 Exhibit 11 - Summons to Wales, #12 Exhibit 12 - Summons to Hadley, #13 Exhibit 13 - Summons to ORourke, #14 Exhibit 14 - Summons to Elliott, #15 Exhibit 15 - Summons to Crooks, #16 Exhibit 16 - Summons to GCCJA, #17 Exhibit 17 - Summons to Baggitt, #18 Exhibit 18 - Summons to Advanced Correctional, #19 Exhibit 19 - Pl Mot Ext Time to Serve Advanced Correctional, #20 Exhibit 20 - Pl Mot Ext Time to Serve UHS of OK, #21 Exhibit 21 - Pl Mot Ext Time to Serve OHayre, #22 Exhibit 22 - Summons Return Crooks, #23 Exhibit 23 - Summons Return Baggitt, #24 Exhibit 24 - Summons Return Elliott, #25 Exhibit 25 - Summons Return Cacy, #26 Exhibit 26 - Summons Return Wales, #27 Exhibit 27 - Summons Return Board, #28 Exhibit 28 - Summons Return GCCJA, #29 Exhibit 29 - Summons Return Enid PD, #30 Exhibit 30 - Summons Return Garfied Co SO, #31 Exhibit 31 - Summons Return City of Enid, #32 Exhibit 32 - Summons Return O'Roarke, #33 Exhibit 33 - Summons Return Sheriff Rink, #34 Exhibit 34 - Summons Return Hadley, #35 Civil Cover Sheet)(dtb) |
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