Cox et al v. City of Jackson, Tennessee et al
| Kelly Freeman, Steven Cox, David Nagi, Ernie Kirk, Rufus Irving and Keith Fason |
| Julien Wiser, City of Jackson, Tennessee and Daryl Hubbard |
| Larry Pittman and Troy Springfield |
| 1:2019cv01026 |
| February 11, 2019 |
| US District Court for the Western District of Tennessee |
| J Daniel Breen |
| Jon A York |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 58 USCA Case Number 19-6162 for #55 Notice of Appeal filed by Kelly Freeman, Keith Fason, David Nagi, Rufus Irving, Steven Cox, and Ernie Kirk. (skc) |
| Filing 57 RESPONSE in Opposition re #56 MOTION to Intervene filed by City of Jackson, Tennessee. (Attachments: #1 Exhibit)(Conder, Milton) |
| Filing 56 Pro Se MOTION for Permissive Intervention by Troy Springfield. (Attachments: #1 Exhibit A- Class action article, #2 Exhibit B- Affidavit of Complaint, #3 envelope)(mbm) |
| Filing 55 NOTICE OF APPEAL by Steven Cox, Keith Fason, Kelly Freeman, Rufus Irving, Ernie Kirk, David Nagi. Filing fee $ 505, receipt number ATNWDC-3184033. (Weinman, Michael) |
Filing 54
ORDER GRANTING DEFENDANT'S #44 MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Judge J. Daniel Breen on 9/30/19. (mbm)
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| Filing 53 REPLY to Response to Motion re #50 Reply to Response to Motion filed by City of Jackson, Tennessee. (Conder, Milton) |
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Filing 52
ORDER GRANTING DEFENDANT'S #51 MOTION TO RESPOND TO PLAINTIFFS' SURREPLY. Signed by Judge J. Daniel Breen on 8/27/19. (mbm)
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| Filing 51 MOTION re #50 Reply to Response to Motion City of Jackson TN's Motion to Respond to Plaintiffs' Sur Reply proposed order submitted by City of Jackson, Tennessee. (Attachments: #1 Certificate of Consultation)(Conder, Milton) |
| Filing 50 REPLY to Response to Motion re #46 Reply to Response to Motion, Plaintiffs' Sur-Reply filed by All Plaintiffs. (Attachments: #1 Exhibit A - Joint Stipulation)(Bryant, Joseph) |
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Filing 49
ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY #48 . Signed by Judge J. Daniel Breen on 8/23/19. (skc)
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| Filing 48 MOTION for Leave to File Unopposed Sur-reply by All Plaintiffs. (Attachments: #1 Exhibit A - Proposed Sure Reply, #2 Exhibit B - Joint Stipulation, #3 Certificate of Consultation)(Bryant, Joseph) |
| Filing 47 STIPULATION re #33 Amended Complaint by Steven Cox, Kelly Freeman, Larry Pittman. (Bryant, Joseph) |
| Filing 46 REPLY to Response to Motion re #45 Response in Opposition to Motion, filed by City of Jackson, Tennessee. (Attachments: #1 Exhibit Cox indictment and affidavit of complaint, #2 Exhibit Freeman affidavit of complaint, #3 Exhibit Fason affidavit of complaint, #4 Exhibit Kirk affidavit of complaint, #5 Exhibit Nagy affidavit of complaint, #6 Exhibit Irvin affidavit of complaint, #7 Exhibit Sixth Circuit order Woods v. Najar)(Conder, Milton) |
| Filing 45 RESPONSE in Opposition re #44 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Attachments: #1 Exhibit A- Sanders v. Detroit Police Dept., #2 Exhibit B - Woods v. Najar, #3 Exhibit C - Cain v. Carroll)(Bryant, Joseph) |
| Filing 44 MOTION for Judgment on the Pleadings by City of Jackson, Tennessee. (Attachments: #1 Memorandum of Law in Support of Motion forJudgment on the Pleadings, #2 Exhibit 1- Johnson v.County of Paulding GA, #3 Exhibit 2 - City Code)(Conder, Milton) |
| Filing 43 ANSWER to #33 Amended Complaint by City of Jackson, Tennessee. (Attachments: #1 Exhibit 1- Jackson Sun Article, #2 Exhibit 2- Pickens Letter, #3 Exhibit 3- Kelly Freeman Conviction, #4 Exhibit 4- Judgment Keith Fason, #5 Exhibit 5- Judgment Ernie Kirk April 2017, #6 Exhibit 6- Judgment David Nagi, #7 Exhibit 7- Judgment Rufus Irvin)(Conder, Milton) |
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Filing 42
SCHEDULING ORDER: ADR deadline is 10/18/2019. Discovery due by 1/7/2020. Signed by Magistrate Judge Jon A. York on 6/27/2019. (ars)
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| Filing 41 Minute Entry for proceedings held before Magistrate Judge Jon A. York: Status Conference held on 6/27/2019. Present were attorneys Weinman and Conder. Parties discussed Scheduling Order. Order to be entered. (Court Reporter CD.) (ars) |
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Filing 40
TEXT ORDER GRANTING #39 MOTION to Continue Status Conference (with Proposed Order submitted). Status Conference set for 6/27/2019 01:30 PM in Chambers, Room 345,before Magistrate Judge Jon A. York. Signed by Magistrate Judge Jon A. York on 6/25/2019. Note: text only, no image associated with entry. (ars)
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| Filing 39 MOTION to Continue Status Conference (with Proposed Order submitted) by Steven Cox, Kelly Freeman. (Attachments: #1 Certificate of Consultation)(Weinman, Michael) |
| Filing 38 SETTING LETTER: Status Conference set for 6/26/2019 01:30 PM in Chambers, Room 345, before Magistrate Judge Jon A. York. Note: text only, no image associated with entry. (ars) |
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Filing 37
ORDER OF REFERENCE. Signed by Judge J. Daniel Breen on 6/18/19. (mbm)
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge Jon A. York: Scheduling Conference held on 6/13/2019. Statements by attys Mike Weinman and John Burleson. Counsel is to submit an order to Judge York regarding a proposed schedule as it relates to certifying the case for class action. This order will be submitted by Wednesday, June 19, 2019. The order submitted for today's hearing will not be entered. A new scheduling conference date will be set following the entry of the order regarding class certification. (Court Reporter FTR.) (skp) |
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Filing 35
ORDER DENYING AS MOOT #22 DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' INITIAL COMPLAINT. Signed by Judge J. Daniel Breen on 6/12/19. (cdi)
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| Filing 34 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Bryant, Joseph) |
| Filing 33 AMENDED COMPLAINT against City of Jackson, Tennessee, filed by All Plaintiffs.(Bryant, Joseph) |
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Filing 32
ORDER GRANTING CONSENT #31 MOTION TO AMEND COMPLAINT. Signed by Judge J. Daniel Breen on 5/31/19. (mbm)
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| Filing 31 Consent MOTION to Amend/Correct Complaint by All Plaintiffs. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Bryant, Joseph) |
| Filing 30 REPORT of Rule 26(f) Planning Meeting . (Ivy, Jennifer) |
| Filing 29 SETTING LETTER:Scheduling Conference set for 06/13/2019, 10:00 A.M. CT in Courtroom #3, 3rd Floor, Jackson Federal Courthouse, before Magistrate Judge Jon A. York. Please email the proposed joint scheduling order in the original Word format to ECF_Judge_York@tnwd.uscourts.gov one week prior to the scheduling conference. All Scheduling Conferences will be done in person before the Court. If you are unable to appear at this time, or if you need to make alternative arrangements, please contact the Judge's Case Manager at 731-421-9275 so we may reschedule. Please agree on a date and time with the opposing counsel before calling to facilitate the new date. ** REMINDER: FRCP 26(f) requires a 26(f) meeting to be held at least 21 days before a scheduling conference and the Rule 26(f) report to be filed with the court at least fourteen days before the scheduling conference. This case has been assigned to the Standard track. Please use the Standard Track Rule 16(b) Scheduling Order at http://www.tnwd.uscourts.gov/pdf/content/LR162_Standard.doc Note that this is a NEW scheduling order template on which all scheduling orders will now be based. Counsel should review the Court's new ADR plan, file a Stipulation, and be prepared to report the name of a mediator to the Court during the Scheduling Conference. If the parties cannot agree upon a mediator one will be appointed by the Court after the scheduling conference.PLEASE NOTE: All attorneys who wish to participate in the Scheduling Conference MUST have filed a Notice of Appearance with the Court PRIOR to the date of the Conference and have full knowledge of the case. Note: Text only (ars) |
| Filing 28 Letter from Larry Pittman. *Courtesy copy of docket mailed by Clerk.* (Attachments: #1 envelope) (mbm) |
| Filing 27 RESPONSE in Opposition re #23 MOTION to Intervene filed by All Plaintiffs. (Bryant, Joseph) |
| Filing 26 RESPONSE in Opposition re #23 MOTION to Intervene filed by City of Jackson, Tennessee. (Conder, Milton) |
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Filing 25
ORDER GRANTING PLAINTIFFS' CONSENT #24 MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS. Signed by Judge J. Daniel Breen on 4/24/19. (mbm)
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| Filing 24 Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Proposed Order Submitted by All Plaintiffs. (Bryant, Joseph) |
| Filing 23 Pro Se MOTION for Permissive Intervention by Larry Pittman. (Attachments: #1 Warrant, #2 envelope)(mbm) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Jackson, Tennessee. (Attachments: #1 Memorandum Memorandum in Support of Motion to Dismiss)(Conder, Milton) |
| Filing 21 ANSWER to Complaint by City of Jackson, Tennessee.(Conder, Milton) |
| Filing 20 NOTICE of Appearance by Matthew Robert Courtner on behalf of All Defendants (Courtner, Matthew) |
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Filing 19
AGREED ORDER OF DISMISSAL. Daryl Hubbard and Julien Wiser terminated. Signed by Judge J. Daniel Breen on 4/4/19. (skc)
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| Filing 18 STIPULATION by City of Jackson, Tennessee. (Burleson, John) |
| Filing 17 NOTICE of Appearance by Jennifer Vallor Ivy on behalf of All Defendants (Ivy, Jennifer) |
| Filing 16 Pursuant to Admin. Order 2019-09 Magistrate Judge Jon A. York added to case. Magistrate Judge Edward G. Bryant no longer assigned. (mbm) |
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Filing 15
ORDER GRANTING DEFENDANTS' #14 MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT. Signed by Judge J. Daniel Breen on 2/27/19. (mbm)
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| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, proposed order submitted by All Defendants. (Attachments: #1 Memorandum in Support of Moton for Extension of Time, #2 Certificate of Consultation)(Burleson, John) |
| Filing 13 NOTICE of Appearance by Robert E. Morelli, III on behalf of All Plaintiffs (Morelli, Robert) |
| Filing 12 NOTICE of Appearance by Milton Dale Conder, Jr on behalf of All Defendants (Conder, Milton) |
| Filing 11 NOTICE of Appearance by John D. Burleson on behalf of All Defendants (Burleson, John) |
| Filing 10 NOTICE of Appearance by Jack Colin Morris on behalf of All Plaintiffs (Morris, Jack) |
| Filing 9 SUMMONS Returned Executed by Steven Cox, Kelly Freeman as to All Defendants. (Attachments: #1 Summons Returned Executed as to Daryl Hubbard, #2 Summons Returned Executed as to Julien Wiser)(Turner, Robert) |
| Filing 8 NOTICE of Appearance by Robert Emmett Turner, IV on behalf of All Plaintiffs (Turner, Robert) |
| Filing 7 NOTICE of Appearance by Michael L. Weinman on behalf of All Plaintiffs (Weinman, Michael) |
| Filing 3 Summons Issued as to All Defendants. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons Wiser, #2 Summons City of Jackson)(mbm) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (mbm) |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (mbm) |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mbm) |
| Filing 2 Judge J. Daniel Breen and Magistrate Judge Edward G. Bryant added. (mbm) |
| Filing 1 COMPLAINT (Class Action) against All Defendants (Filing fee $ 400 receipt number ATNWDC-2988675), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons to be issued as to Defendant City of Jackson, #3 Summons to be issued as to Defendant Julien Wiser, #4 Summons to be issued as to Defendant Daryl Hubbard)(Bryant, Joseph) |
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