STEWART v. JOHNSON et al
| MONA LISA STEWART |
| J. BARRY JOHNSON, JEFFREY A. BEARD, PAUL HALL, AARON THOMPSON, CHAD LAUNI, KEVIN SULLIVAN, LANCE HOPFER, JEREMY MINOR, JOHN DOE I, JOHN DOE II, JOHN DOE III, JOHN DOE IV, JOHN DOE V, JOHN DOE VI, JOHN DOE VII, JOHN DOE VIII, JOHN DOE IX, JOHN DOE X, ROBERT FOX, ED SHOAF and BRANDON SHELLHAMMER |
| 3:2011cv00250 |
| October 31, 2011 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Clearfield |
| Kim R Gibson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 1, 2014. A more recent docket listing may be available from PACER.
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| Filing 62 STIPULATION of Dismissal by MONA LISA STEWART. (Taladay, Matthew) Modified on 7/2/2014. (cel) |
Filing 61
ORDER FOR STATISTICAL CLOSING; the Court retains jurisdiction to enforce the settlement agreement and any matters ancillary thereto and as more fully stated in said order. Signed by Magistrate Judge Keith A. Pesto on 4/22/2014. (plp)
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| Filing 60 Minute Entry for proceedings held before Magistrate Judge Keith A. Pesto: Settlement Conference held on 4/22/2014; case settled, see seperate order, counsel to exchange documents. (plp) |
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Filing 59
ORDER granting #58 Motion to Extend Time to File Proposed Points for Charge/Proposed Voir Dire/Motions in Limine. Defendants' proposed points for charge, proposed voir dire, and motions in limine are due on or before 7/7/2014 in the event this case does not settle on 4/22/2014. Signed by Judge Kim R. Gibson on 4/21/2014. (dlg)
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| Filing 58 MOTION to Extend Time to File Proposed Points for Charge/Proposed Voir Dire/Motions in Limine by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
| NOTICE of Hearing location change: Mediation Conference set for 4/22/2014 at 10:00 AM will now be held at the Office of Attorney General, 6th Floor, Manor Complex, 564 Forbes Avenue, Pittsburgh, PA 15219 before U.S. Magistrate Judge Keith A. Pesto. This is a text-only entry, no PDF document will issue. (plp) |
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Filing 57
ORDER granting #56 Motion to Extend Time, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 3/21/2014. (krh)
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| Filing 56 MOTION to Extend Time to File Pre-Trial Statement by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 55
ORDER granting #54 Motion for Extension of Time to File Plaintiff's Pretrial Narrative. Plaintiff's Pretrial Narrative is due on or before 5/7/2014, in the event the case does not settle on 4/22/2014. Signed by Judge Kim R. Gibson on 3/10/2014. (dlg)
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| Filing 54 Second MOTION for Extension of Time to File Plaintiff's Pre-Trial Narrative by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
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Filing 53
ORDER granting #52 Motion to Excuse the Plaintiff Administratrix, Mona Lisa Stewart, from Attending Mediation Conference. Plaintiff Administratrix, Mona Lisa Stewart, is excused from attending the mediation conference scheduled for Tuesday, April 22, 2014, in Johnstown, Pennsylvania. It is further Ordered that said Plaintiff Administratrix, Mona Lisa Stewart, shall be available by telephone during the time of said mediation conference. Signed by Judge Kim R. Gibson on 3/6/2014. (dlg)
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| Filing 52 MOTION Excuse Plaintiff Administratrix from attending mediation conference by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
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Filing 51
ORDER granting #50 Motion to Extend Time, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/28/2014. (krh)
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| Filing 50 MOTION to Extend Time to File Motion for Summary Judgment by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) Modified on 2/28/2014. (cel) |
| NOTICE of Hearing: Mediation Conference set for 4/22/2014 at 10:00 a.m. before U.S. Magistrate Judge Keith A. Pesto, Penn Traffic Building, 319 Washington Street, Room 206, Johnstown, PA. This is a text-only entry, no PDF document will issue. (plp) |
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Filing 49
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Referring Case to Magistrate Judge Keith A. Pesto for Mediation. The Mediation Conference shall be concluded by 5/1/2014, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 2/7/2014. (dlg)
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Filing 48
ORDER granting #47 Joint Motion to Appoint Magistrate Judge Keith A Pesto as Mediator. Signed by Judge Kim R. Gibson on 2/7/2014. (dlg)
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| Filing 47 Joint MOTION to Appoint Magistrate Judge as Mediator by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 46
ORDER granting #45 Motion to Extend Time - Plaintiffs Pre-Trial Narrative is due on or before Mrach 20, 2014. Signed by Judge Kim R. Gibson on 2/5/2014. (krh)
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| Filing 45 First MOTION to Extend Time to File Plaintiff's Pre-Trial Narrative by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
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Filing 44
ORDER granting #43 Motion to Extend Time to File Motion for Summary Judgment. Defendants' Motion for Summary Judgment is due on or before 3/1/2014. Plaintiff's response is due on or before 3/31/2014. Signed by Judge Kim R. Gibson on 1/31/2014. (dlg)
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| Filing 43 MOTION to Extend Time to File Motion for Summary Judgment by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 42
ORDER granting #41 Motion to Extend Time to File Motion for Summary Judgment. Defendants' Motion for Summary Judgment due by 1/30/2014. Plaintiff's response is due on or before 2/27/2014. Signed by Judge Kim R. Gibson on 1/2/2014. (dlg)
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| Filing 41 MOTION to Extend Time to File Motion for Summary Judgment by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 40
FINAL SCHEDULING ORDER: Plaintiff's Pretrial Statement due by 2/20/2014. Defendants' Pretrial Statement due by 3/20/2014. The parties shall file Motions for Summary Judgment, if appropriate, on or before 12/20/2013. The nonmoving party's response to the Motion for Summary Judgment is due on 1/20/2014. Motions in Limine, Proposed Points for Charge and Proposed Voir Dire due by 4/20/2014. The nonmoving party's response to any Motion in Limine due by 5/20/2014. The Court will conduct a Pretrial Conference on 6/18/2014, at 10:00 AM. The case shall be presumptively called for trial on 7/7/2014, at 9:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson, and as more fully stated in said Final Scheduling Order. Signed by Judge Kim R. Gibson on 11/12/2013. (dlg)
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| Filing 39 Proposed Final Scheduling Order by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF. (Willig, Robert) Modified on 11/12/2013. (cel) |
| Filing 38 Minute Entry for proceedings held before Judge Kim R. Gibson: Counsel appeared telephonically for a post-discovery status conference on 11/6/2013. The Court asked counsel to provide a brief update in the case. Attorney Taladay stated that discovery is now complete. Attorney Willig then stated that Defendants would be filing a motion for summary judgment and asked the Court for additional time to submit such a motion. The Court instructed the parties to file a proposed Final Scheduling Order, as provided in Exhibit "B" of this Court's Practice and Procedures Manual, within seven calendar days. This proposed order should address the deadline for filing motions for summary judgment. After no other issues were presented, the conference concluded. (Court Reporter: None) (dlg) Modified on 11/7/2013. (cel) |
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Filing 37
ORDER granting #36 Motion to Extend Post Discovery Conference. The Post-Discovery Conference is rescheduled to 11/6/2013, at 11:30 AM before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 10/18/2013. (dlg)
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| Filing 36 MOTION to Extend Time to Conduct Post-Discovery Conference by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 35
ORDER granting #34 Motion to Extend Time - The post-discovery conference is rescheduled to October 22, 2013 at 9:00 a.m. Signed by Judge Kim R. Gibson on 8/16/2013. (krh) Modified on 8/19/2013. (cel)
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| Filing 34 MOTION to Extend Time to Conduct Post-Discovery Conference by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to Complete Discovery. Upon receipt, Defendants shall supply to the Plaintiff a copy of the reports of all experts the Plaintiff intends to call as witnesses at the trial of the case on or before 6/15/2013. Thereafter, the parties shall complete all expert discovery, including depositions of all expert witnesses, within 60 days. A Post-Discovery Status Conference is scheduled for 8/23/2013, at 10:00 AM before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 5/2/2013. (dlg)
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| Filing 32 Third MOTION for Extension of Time to Complete Discovery by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
| NOTICE of Hearing: Post-Discovery Status Conference scheduled for 4/30/2013 is RESCHEDULED to Tuesday, 5/7/2013, at 10:00 AM before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) |
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Filing 31
ORDER granting #29 Motion for Extension of Time to Complete Discovery. The parties shall complete all fact discovery by 2/15/2013. The parties shall make disclosure of experts required by Rule 26(a)(2) by 2/15/2013. The parties shall complete all expert discovery, including depositions of all expert witnesses, by 4/30/2013. The Post-Discovery Status Conference is set for 4/30/2013, at 10:30 AM before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 11/14/2012. (dlg)
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| Filing 30 ANSWER to #26 Amended Complaint by JEFFREY A. BEARD, ROBERT FOX, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, BRANDON SHELLHAMMER, ED SHOAF, KEVIN SULLIVAN, AARON THOMPSON. (Willig, Robert) Modified on 11/15/2012. (cel) |
| Filing 29 Second MOTION for Extension of Time to Complete Discovery by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to Answer - Defendants response to the Amended Complaint is due on or before November 14, 2012. Signed by Judge Kim R. Gibson on 11/2/2012. (krt)
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| Filing 27 MOTION for Extension of Time to File Answer by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
| Filing 26 AMENDED COMPLAINT against PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON, ROBERT FOX, ED SHOAF, BRANDON SHELLHAMMER PAUL HALL answer due 10/31/2012; LANCE HOPFER answer due 10/31/2012; J. BARRY JOHNSON answer due 10/31/2012; CHAD LAUNI answer due 10/31/2012; JEREMY MINOR answer due 10/31/2012; KEVIN SULLIVAN answer due 10/31/2012; AARON THOMPSON answer due 10/31/2012; ROBERT FOX answer due 12/17/2012; ED SHOAF answer due 12/17/2012; BRANDON SHELLHAMMER answer due 12/17/2012, filed by MONA LISA STEWART. (Taladay, Matthew) |
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Filing 25
MEMORANDUM OPINION AND ORDER granting in part and denying in part #7 Motion to Dismiss for Failure to State a Claim. Further ordered that Plaintiff is granted leave to amend the Complaint within twenty-one days of the date of this Order; and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 09/27/12. (jjg)
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Filing 24
ORDER granting #23 Motion for Extension of Time to Complete Discovery - A Post Discovery Status Conference is scheduled for January 10, 2013 at 10:00 a.m., and as more fully stated in said Amended Scheduling Order. Signed by Judge Kim R. Gibson on 8/16/2012. (krt)
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| Filing 23 First MOTION for Extension of Time to Complete Discovery by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
| Filing 22 REPORT of Early Neutral Evaluation. Case has not resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 6/29/2012. (Benson, Kenneth) Modified on 8/2/2012. (jjg) |
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Filing 21
ORDER granting #20 Motion for Leave to Extend Time to Amend Complaint and for Service on "John Doe" Defendants. Plaintiffs shall file an Amended Complaint substituting named defendants for the "John Doe" defendants within ten (10)days following the close of fact discovery. By Court Order issued April 11, 2012 (Doc. No. #15 ), all fact discovery is due by August 12, 2012. Plaintiff shall file an Amended Complaint to name the "John Doe" defendants on or before August 22, 2012. Should the discovery deadline hereafter be extended by stipulation or leave of Court, the time within which Plaintiff may amend the Complaint to substitute named defendants for "John Doe" defendants shall likewise be extended until ten (10) days after the completion of fact discovery. Signed by Judge Kim R. Gibson on 5/14/2012. (dlg)
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| Filing 20 MOTION for Extension of Time to Amend #1 Complaint and For Service On "John Doe" Defendants by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) Modified on 5/14/2012. (cel) |
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Filing 19
ORDER granting #18 Motion for Extension of Time to Complete ADR. The ADR must be completed by 6/29/2012. Signed by Judge Kim R. Gibson on 5/9/2012. (dlg)
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| Filing 18 MOTION to Extend Time to Complete ADR by JEFFREY A. BEARD, KENNETH J. BENSON, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
| Filing 17 Notice of Initial ADR Conference by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. Initial ADR Conference Date June 29, 2012/10:00 AM at the Office of the Attorney General, Pittsburgh, PA (Willig, Robert) |
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Filing 16
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Early Neutral Evaluation. Kenneth J. Benson is appointed as an early neutral evaluator. The ADR Conference shall be concluded before 6/11/2012, unless extended by Order of the Court. It is the responsibility of counsel to insure that notice of the date, time and location of the mediation has been electronically filed with the Court on or before 5/11/2012, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 4/11/2012. (dlg)
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Filing 15
INITIAL SCHEDULING ORDER: Amended Pleadings due by 5/12/2012. Joinder of Parties due by 5/12/2012. All Fact Discovery due by 8/12/2012. Expert Discovery to be completed by 12/12/2012. A Post-Discovery Status Conference is set for 8/20/2012, at 9:30 AM before Judge Kim R. Gibson, and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 4/11/2012. (dlg)
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| Filing 14 Minute Entry for proceedings held before Judge Kim R. Gibson: Initial Case Management Conference held on 4/11/2012 with counsel for Plaintiff appearing telephonically and counsel for Defendants appearing in person. The Court noted that the parties had properly filed their 26(f) report, stipulation selecting ADR, and proposed initial scheduling order. The Court also noted that it would enter the proposed scheduling order and set a 60-day ADR deadline. The Court also apprised counsel of its policies regarding telephone conference calls and communicating with law clerks. (Court Reporter: None) (dlg) Modified on 4/12/2012. (dlg) |
| CASE DESIGNATED to Track 1. (dlg) |
| Filing 13 Proposed Initial Scheduling Order by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Willig, Robert) Modified on 3/23/2012. (cel) |
| Filing 12 STIPULATION selecting ADR process by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON (Willig, Robert) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting. (Willig, Robert) |
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Filing 10
ORDER - AN INITIAL RULE 16 CASE MANAGEMENT CONFERENCE IS SCHEDULED FOR April 11, 2012 at 10:30 a.m., and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 3/12/2012. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit "B" Fed.R.Civ.P.26(f) Report). (krt)
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| Filing 9 RESPONSE to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MONA LISA STEWART. (Attachments: #1 Proposed Order) (Taladay, Matthew) |
| Filing 8 BRIEF in Support re #7 Motion to Dismiss for Failure to State a Claim filed by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Willig, Robert) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/5/2012. (krt)
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| Filing 5 MOTION for Extension of Time to File Answer by JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Attachments: #1 Proposed Order) (Willig, Robert) |
| Filing 4 NOTICE of Appearance by Robert A. Willig on behalf of JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON. (Willig, Robert) |
| Filing 3 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dlg) |
| Filing 2 Summons Issued as to *JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON * (cel) |
| Filing 1 COMPLAINT against JEFFREY A. BEARD, PAUL HALL, LANCE HOPFER, JOHN DOE I, JOHN DOE II, JOHN DOE III, JOHN DOE IV, JOHN DOE IX, JOHN DOE V, JOHN DOE VI, JOHN DOE VII, JOHN DOE VIII, JOHN DOE X, J. BARRY JOHNSON, CHAD LAUNI, JEREMY MINOR, KEVIN SULLIVAN, AARON THOMPSON (Filing fee $350, receipt number 0315-2142908), filed by MONA LISA STEWART. (Attachments: #1 Civil Cover Sheet) (cel) |
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