Peeler et al v. Dickson, City of et al
| Robert Peeler and Justin R. Walton |
| Seth Lyles, Dickson, City of and Todd Christian |
| 3:2018cv01175 |
| October 22, 2018 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 22
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on December 3, 2018, Defendants Christian and Lyles filed a motion to dismiss with supporting documents (Docket Nos. 14-16). Any response by Plaintiffs shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(b). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. The Clerk is directed to forward this motion to the Honorable Waverly D. Crenshaw, Chief Judge, for his consideration of Defendants motion to dismiss. The initial case management conference remains scheduled for January 30, 2019, at 3:30 p.m., whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 12/19/18. (dt)
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Filing 21
ORDER granting #19 Motion for Extension of Time to File Response to #14 MOTION to Dismiss. Plaintiffs shall file their response on or before January 7, 2019. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/18/18. (dt)
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Filing 20
ORDER granting #18 Motion to Continue Initial Case Management Conference. ICMC reset for 1-30-19 at 3:30 pm. Signed by Magistrate Judge Barbara D. Holmes on 12/17/18. (dt)
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| Set/Reset Hearings: Initial Case Management Conference reset for 1/30/2019 at 3:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (dt) |
| Filing 19 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion for Enlargmenet of Time to Respond to Motion to Dismiss by Defendants Seth Lyles and Todd Christian by Robert Peeler, Justin R. Walton. (Crain, Larry) |
| Filing 18 Joint MOTION to Continue Initial Case Management Conference and Proposed Case Management Order by Dickson, City of. (Burns, Robert) |
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Filing 17
ORDER granting #13 Defendant City of Dickson's second unopposed motion for extension of time to respond to complaint. Defendant City of Dickson must file an answer or otherwise respond to the complaint ON OR BEFORE DECEMBER 11, 2018. Signed by Magistrate Judge Barbara D. Holmes on 12/04/2018. (BH)
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| Filing 16 NOTICE of Filing by Todd Christian, Seth Lyles re #15 Memorandum in Support, #14 MOTION to Dismiss (Attachments: #1 Attachment 1 - Blankenship v. City of Crossville, 2:17-CV-00018, 2017 WL 4641799 (M.D. Tenn. Oct. 17, 2017), #2 Attachment 2 - Gillette v. Town of Jonesborough, 2:11-CV-86, 2013 WL 3491373 (E.D. Tenn. July 11, 2013), #3 Attachment 3 - Briner v. City of Ontario, No. 1:07cv129, 2010 WL 3982755 (N.D.Ohio, Oct. 7, 2010, #4 Attachment 4 - Tinney v. Richland Cnty., No. 1:14cv703, 2015 WL 542415 (N.D.Ohio, Feb. 10, 2015), #5 Attachment 5 - Restatement (Second) of Torts 652B (1977))(McGrady, Mark) |
| Filing 15 MEMORANDUM in Support of #14 MOTION to Dismiss filed by Todd Christian, Seth Lyles . (McGrady, Mark) |
| Filing 14 MOTION to Dismiss by Todd Christian, Seth Lyles. (Attachments: #1 Exhibit 1 - Indictment of Justin Walton, #2 Exhibit 2 - Indictment of Robert Peeler, #3 Exhibit 3 - Joint Motion to Dismiss Indictment for Failure to Preserve Evidence, #4 Exhibit 4 - Order Denying Motion to Dismiss Indictment, #5 Exhibit 5 - Order of Deferral - Robert Peeler, #6 Exhibit 6 - Criminal Cost Bill - Robert Peeler, #7 Exhibit 7 - Judgment Entered - Justin Walton, #8 Exhibit 8 - Criminal Cost Bill - Justin Walton)(McGrady, Mark) |
| Filing 13 Second MOTION for Extension of Time to File Answer re #1 Complaint (Unopposed) by Dickson, City of. (Burns, Robert) |
| Filing 12 NOTICE of Appearance by Mark Ennis McGrady on behalf of Todd Christian, Seth Lyles (McGrady, Mark) |
| TN State Bar status verified as active for Mark Ennis McGrady. (dt) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer the #1 Complaint. City of Dickson answer due 12/3/2018. Signed by Magistrate Judge Barbara D. Holmes on 11/29/18. (dt)
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| TN State Bar status verified as active for Robert M. Burns. (dt) |
| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Dickson, City of. (Burns, Robert) |
| Filing 9 NOTICE of Appearance by Robert M. Burns on behalf of Dickson, City of (Burns, Robert) |
| Filing 8 SUMMONS returned executed by Robert Peeler, Justin R. Walton. Todd Christian served on 11/2/2018. (Crain, Larry) |
| Filing 7 SUMMONS returned executed by Robert Peeler, Justin R. Walton. Seth Lyles served on 11/2/2018. (Crain, Larry) Modified on 11/8/2018 (dt). |
| Filing 6 SUMMONS returned executed by Robert Peeler, Justin R. Walton. Dickson, City of served on 11/2/2018. (Crain, Larry) |
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/25/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 4 NOTICE of Initial Case Management Conference set for 12/17/2018 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (dt) |
| Filing 3 Summons issued as to Todd Christian, City of Dickson and Seth Lyles. (Service copies returned to counsel by mail.) (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for Larry Lamont Crain. (dt) |
| Filing 1 COMPLAINT against Todd Christian, City of Dickson and Seth Lyles (Filing fee $400, Receipt number 0650-2779848), filed by Robert Peeler and Justin R. Walton. (Attachments: #1 Attachment - Civil Cover Sheet)(dt) |
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