Dunn et al v. Penfield et al
| Jeremy Dunn and Kevin Love |
| Shane Penfield, Penfield Law Firm Professional LLC, Marty Jackley, Matthew Barnes, Thomas Friesberg, City of Lemmon, SD, City of Dupree, SD, Town of Bison, SD, City of McLaughlin, SD, City of McIntosh, SD, City of Timber Lake, SD, Corson County, SD, Dewey County, SD, Ziebach County, SD, Unknown Individual Officers, Agents, and Directors, Thomas Frieberg, Perkins County, SD and City of Faith, SD |
| 5:2023cv05025 |
| April 19, 2023 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act - Civil Action for Deprivation of Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 MEMORANDUM in Support re #41 MOTION to DISMISS for Failure to State a Claim filed by Perkins County, SD. (Galbraith, Robert) |
| Filing 41 MOTION to DISMISS for Failure to State a Claim by Perkins County, SD. (Galbraith, Robert) |
| Filing 40 BRIEF by Defendant City of Faith, SD re #39 MOTION to DISMISS Plaintiffs Jeremy Dunn and Kevin Love's Second Amended Complaint (Duffy, Daniel) |
| Filing 39 MOTION to DISMISS Plaintiffs Jeremy Dunn and Kevin Love's Second Amended Complaint by City of Faith, SD. (Duffy, Daniel) |
| Filing 38 NOTICE of Appearance by Emily M. Smoragiewicz on behalf of City of Faith, SD. (Smoragiewicz, Emily) |
| Filing 37 NOTICE of Appearance by Daniel F. Duffy on behalf of City of Faith, SD. (Duffy, Daniel) |
| Filing 36 NOTICE of Appearance by Michael V. Wheeler on behalf of Dewey County, SD, Town of Bison, SD, Ziebach County, SD. (Wheeler, Michael) |
Filing 35
ORDER denying #34 Motion to Toll Deadlines. Signed by U.S. District Judge Karen E. Schreier on 6/2/2023. (SLT)
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| Filing 34 First MOTION for Leave to TOLL DEADLINES, First MOTION to Extend Deadlines by Jeremy Dunn, Kevin Love. (Dunn, Jeremy) |
| Filing 33 SUMMONS Returned Executed by Kevin Love, Jeremy Dunn. City of Dupree, SD served on 5/12/2023, answer due 6/2/2023; Ziebach County, SD served on 5/12/2023, answer due 6/2/2023. (Dunn, Jeremy) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to DISMISS for Failure to State a Claim PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Matthew Barnes, City of Dupree, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD. (Larson, Terra) |
| Filing 31 MOTION to DISMISS for Failure to State a Claim PLAINTIFFS' SECOND AMENDED COMPLAINT by Matthew Barnes, City of Dupree, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD. (Larson, Terra) |
| Filing 30 SUMMONS Returned Executed by Kevin Love, Jeremy Dunn. City of Timber Lake, SD served on 5/16/2023, answer due 6/6/2023; Dewey County, SD served on 5/18/2023, answer due 6/8/2023. (Dunn, Jeremy) |
| Filing 29 AFFIDAVIT of Service of (1) Motion to Amend Summonses which was filed as Document 19 with the Courts awaiting court approval; (2) Proposed Summons which was filed with the Court as attachments to Document 19 awaiting Court approval; (3) Motion For Leave to Amend First Amended Complaint and File and Re-Serve Second Amended Complaint which was filed with the Court as Document 20 awaiting court approval; and (4) Proposed Second Amended Complaint which was filed with the Court as an attachment to Document 20 awaiting court approval; served on Penfield Law Firm, Prof LLC on 05/22/2023, filed by Jeremy Dunn, Kevin Love. (Dunn, Jeremy) |
| Filing 28 AFFIDAVIT of Service of (1) Motion to Amend Summonses which was filed as Document 19 with the Courts awaiting court approval; (2) Proposed Summons which was filed with the Court as attachments to Document 19 awaiting Court approval; (3) Motion For Leave to Amend First Amended Complaint and File and Re-Serve Second Amended Complaint which was filed with the Court as Document 20 awaiting court approval; and (4) Proposed Second Amended Complaint which was filed with the Court as an attachment to Document 20 awaiting court approval; By 1st Class or Certified Mail served on 1) SD Attorney General, 2) Defendant Frieberg, 3) Defendant Jackley, 4) Defendant Ziebach County, 5) Defendant Dewey County, 6) Defendant Faith, SD, 7) Defendant Bison, SD, 8) Defendant Perkins County, 9) Attorney and Defendant Penfield. All of these were serviced by mail due as they haven't filed Notice of Appearance or responded to Plaintiffs request from back in March 2023 who their Attorney is on this case. on 05/22/2023, filed by Jeremy Dunn, Kevin Love. (Dunn, Jeremy) |
| Filing 27 Second AMENDED COMPLAINT, with Jury Demand Signed by Plaintiffs. (Dunn, Jeremy) |
| Filing 26 (FILED IN ERRPR) Second AMENDED COMPLAINT, with Jury Demand. (Dunn, Jeremy) Modified on 5/23/2023 (CLR). |
| NOTICE of Filing Error: #26 Amended Complaint was filed in error and should be disregarded. (Dunn, Jeremy) |
| Filing 25 SUMMONS Returned Executed by Kevin Love, Jeremy Dunn. City of Faith, SD served on 5/12/2023, answer due 6/2/2023; City of Lemmon, SD served on 5/15/2023, answer due 6/5/2023; City of McIntosh, SD served on 5/11/2023, answer due 6/1/2023; City of McLaughlin, SD served on 5/11/2023, answer due 6/1/2023; Corson County, SD served on 5/11/2023, answer due 6/1/2023; Perkins County, SD served on 5/15/2023, answer due 6/5/2023; Town of Bison, SD served on 5/15/2023, answer due 6/5/2023. (Dunn, Jeremy) |
| Filing 24 Summons Reissued as to Matthew Barnes, City of Dupree, SD, City of Faith, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD, Dewey County, SD, Thomas Friesberg, Marty Jackley, Shane Penfield, Penfield Law Firm Professional LLC, Perkins County, SD, Town of Bison, SD, Ziebach County, SD. (SLT) |
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Filing 23
ORDER granting #19 Motion for Leave to ; granting #20 Motion for Leave to. Signed by U.S. District Judge Karen E. Schreier on 5/22/2023. (SLT)
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| Filing 22 Second MOTION FOR ISSUANCE OF AMENDED SUMMONS(ES) by Jeremy Dunn, Kevin Love. (Attachments: #1 Proposed Summons Shane Penfield Home Address Summons, #2 Proposed Summons Shane Penfield Law Office Address Summons, #3 Proposed Summons Shane Penfield Court House Address Summons)(Dunn, Jeremy) Modified on 5/22/2023 to change to motion. (CLR) |
| Filing 21 (FILED IN ERROR) REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Jeremy Dunn, Kevin Love. (Attachments: #1 Proposed Summons Shane Penfield Law Firm Summons, #2 Proposed Summons Shane Penfield Court House Summons)(Dunn, Jeremy) Modified on 5/22/2023. (CLR) |
| NOTICE of Filing Error: #21 Request for Issuance of Summons was filed in error and should be disregarded. (Dunn, Jeremy) |
| Filing 20 First MOTION for Leave to AMEND FIRST AMENDED COMPLAINT AND SERVE SECOND AMENDED COMPLAINT by All Plaintiffs. (Attachments: #1 Attachment Proposed Second Amended Complaint, #2 Attachment Highlighted Second Amended Complaint) (Dunn, Jeremy) |
| Filing 19 MOTION FOR ISSUANCE OF AMENDED SUMMONS(ES) by Jeremy Dunn, Kevin Love. (Attachments: #1 Proposed Summons Shane Penfield Amended Summons, #2 Proposed Summons Penfield Law Amended Summons, #3 Proposed Summons Marty Jackley Amended Summons, #4 Proposed Summons Thomas Frieberg Amended Summons, #5 Proposed Summons Matthew Barnes Amended Summons, #6 Proposed Summons Perkins County, SD Amended Summons, #7 Proposed Summons Faith, SD Amended Summons, #8 Proposed Summons Lemmon, SD Amended Summons, #9 Proposed Summons Dupree, SD Amended Summons, #10 Proposed Summons Bison, SD Amended Summons, #11 Proposed Summons McLaughlin, SD Amended Summons, #12 Proposed Summons McIntosh, SD Amended Summons, #13 Proposed Summons Timber Lake, SD Amended Summons, #14 Proposed Summons Corson County, SD Amended Summons, #15 Proposed Summons Dewey County, SD Amended Summons, #16 Proposed Summons Ziebach County, SD Amended Summons)(Dunn, Jeremy) Modified on 5/22/2023 to change event to motion. (CLR) |
| NOTICE of Filing Error: #18 Motion to Amend/Correct was filed in error and should be disregarded. (Dunn, Jeremy) |
| NOTICE of Filing Error: #17 Motion to Amend/Correct was filed in error and should be disregarded. (Dunn, Jeremy) |
| Filing 18 (FILED IN ERROR) First MOTION to Amend/Correct #8 Amended Complaint by All Plaintiffs. (Attachments: #1 Attachment Pages 1-31 Highlighted Second Amended Complaint, #2 Attachment Pages 32-62 Highlighted Second Amended Complaint) (Dunn, Jeremy) Modified on 5/19/2023 (CLR). |
| Filing 17 (FILED IN ERROR) First MOTION to Amend/Correct #11 Summons Reissued, #10 Summons Issued by All Plaintiffs. (Attachments: #1 Proposed Summons Shane Penfield Amended Summons, #2 Proposed Summons Penfield Law Firm, Prof LLC Amended Summons, #3 Proposed Summons Marty Jackley Amended Summons, #4 Proposed Summons Thomas Frieberg Amended Summons, #5 Proposed Summons Matthew Barnes Amended Summons, #6 Proposed Summons Perkins County, SD Amended Summons, #7 Proposed Summons Faith, SD Amended Summons, #8 Proposed Summons Lemmon, SD Amended Summons, #9 Proposed Summons Dupree, SD Amended Summons, #10 Proposed Summons Bison, SD Amended Summons, #11 Proposed Summons McLaughlin, SD Amended Summons, #12 Proposed Summons McIntosh, SD Amended Summons, #13 Proposed Summons Timber Lake, SD Amended Summons, #14 Proposed Summons Corson County, SD Amended Summons, #15 Proposed Summons Dewey County, SD Amended Summons, #16 Proposed Summons Ziebach County, SD Amended Summons) (Dunn, Jeremy) Modified on 5/19/2023 (CLR). |
| Filing 16 TEXT ORDER granting 9 Motion to Electronically File Documents in CM/ECF. The Clerks office shall give the pro se litigant access to electronically file documents in the CM/ECF system. The ability of the defendant to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Karen E. Schreier on May 18, 2023. (Schreier, Karen) |
| Filing 15 NOTICE of Appearance by Terra M. Larson on behalf of Matthew Barnes, City of Dupree, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD. (Larson, Terra) |
| Filing 14 NOTICE of Appearance by Robert B. Anderson on behalf of Matthew Barnes, City of Dupree, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD. (Anderson, Robert) |
| Filing 13 AFFIDAVIT of Service by Mail of Summons served on Perkins County Sheriff, Meade County Sheriff, Hughes County Sheriff, Dewey County Sheriff, Ziebach County Sheriff on 5/8/2023, filed by Jeremy Dunn, Kevin Love. (SLT) |
| Filing 12 AFFIDAVITS of Service of Notice of Lawsuit, two copies of the Waiver of Service, court document 5-1 "First Amended Complaint", Memorandum and Form A085, conformed copy of document 4 "Motion to Amend Original Complaint", conformed copy of document 5 "Motion to Serve First Amended Complaint in lieu of Original Complaint", a conformed copy of document 7, "Order Granting Motions to Amend Complaint" served on Shane Penfield, Marty Jackley, Thomas Frieberg, Matthew Barnes, and Penfield Law Firm on 5/3/2023, filed by Jeremy Dunn. (CLR) |
| Filing 11 Summons Reissued as to City of Dupree, SD, City of Faith, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD, Dewey County, SD, Perkins County, SD, Town of Bison, SD, Ziebach County, SD. (CLR) |
| Filing 10 Summons Issued as to Matthew Barnes, City of Dupree, SD, City of Faith, SD, City of Lemmon, SD, City of McIntosh, SD, City of McLaughlin, SD, City of Timber Lake, SD, Corson County, SD, Dewey County, SD, Thomas Friesberg, Marty Jackley, Shane Penfield, Penfield Law Firm Professional LLC, Perkins County, SD, Town of Bison, SD, Ziebach County, SD. 16 Summons(es) delivered via hand delivery to Pro Se Plaintiff with blank AO85 form. CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (Attachments: #1 AO85)(SLT) |
| Filing 9 MOTION to Electronically File Documents submitted through PACER on April 27, 2023. Pro se party Jeremy Dunn will continue to receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (DJP) |
| Filing 8 AMENDED COMPLAINT, with Jury Demand. (SLT) |
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Filing 7
ORDER granting #4 Motion to Amend; granting #5 Motion. Signed by U.S. District Judge Karen E. Schreier on 4/27/2023. (SLT)
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| Filing 6 NOTICE of Claim by Jeremy Dunn, Kevin Love. (Attachments: #1 Attachment)(SLT) |
| Filing 5 MOTION for Leave to File and Serve First Amended Complaint in Lieu of Serving Original Complaint by Jeremy Dunn, Kevin Love. (Attachments: #1 Attachment) (SLT) (Attachment 1 replaced on 4/27/2023 to correct page rotation). (CLR) |
| Filing 4 MOTION for leave to Amend Original #1 Complaint and File First Amended Complaint Prior to serving original complaint by Jeremy Dunn, Kevin Love. (Attachments: #1 Attachment) (SLT) (Attachment 1 replaced on 4/27/2023 to correct page rotation). (CLR) |
| Filing 3 REGISTRATION for Electronic Notice by Kevin Love. Pro se party Kevin Love will now receive electronic notice of unsealed documents filed in this case. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (SLT) |
| Filing 2 REGISTRATION for Electronic Notice by Jeremy Dunn. Pro se party Jeremy Dunn will now receive electronic notice of unsealed documents filed in this case. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (SLT) |
| Filing 1 COMPLAINT with Jury Demand, $402 fee paid, receipt# 500000356,. (SLT) |
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