Sims v. City of Memphis, Tennessee et al
| Susan Sims |
| City of Memphis, Tennessee, MLGW, Earnest Cartwright, Sr., MPD John Doe #1, Unknown Officer John Doe 2 and Unknown Officer John Doe 3 |
| 2:2021cv02597 |
| September 23, 2021 |
| U.S. District Court for the Western District of Tennessee |
| Annie T Christoff |
| Samuel H Mays |
| Mark S Norris |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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Filing 23
ORDER in case 2:21-cv-02539-SHM-atc; granting (14) Motion to Consolidate Cases in case 2:21-cv-02597-SHM-atc, signed by Judge Samuel H. Mays, Jr. on 10/29/2021. Plaintiffs Estate of J. C. Payne, IV and Susan Sims, in her representative capacity, shall have until December 7, 2021 to file motions and memoranda addressing the identity of the proper plaintiff or plaintiffs. Plaintiffs shall have until December 21, 2021 to respond to each others' submissions. Associated Cases: 2:21-cv-02539-SHM-atc, 2:21-cv-02597-SHM-atc (Mays, Samuel)
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Filing 22
ORDER granting #20 Motion to join Defendants City of Memphis and MLGW's motion for extension of time to respond to Plaintiff's complaint for damages, signed by Judge Samuel H. Mays, Jr. on 10/29/2021. The time within which Defendant Earnest Cartwright, Sr. shall respond to Plaintiffs complaint for damages is extended through and including November 29, 2021. (Mays, Samuel)
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| Filing 21 MINUTES: TELEPHONE STATUS CONFERENCE held on 10/28/2021 before Judge Samuel H. Mays, Jr. as to both case no(s) 21-2597 & 21-2539; Daniel A. Seward appeared for pltf Susan Sims; Juan Williams appeared for pltf Estate of J.C. Payne, IV.; Dennis P. Hawkins appeared for deft City of Memphis; Odell Horton, Jr. & Meghan M. Cox appeared for deft MLGW; Jennifer Mitchell sitting in for Alan G. Crone appeared for deft Earnest Cartwright, Sr.; The Parties updated the Court as to both plaintiffs (Susan Sims & Estate of J.C. Payne, IV) and addressed possible consolidation of cases nos. 21-2597 & 21-2539. #14 Joint Motion to consolidate cases: GRANTED. The Court consolidated and Stayed the instant case 21-2597 with case 21-2539 with both Susan Sims and Estate of J.C. Payne, IV. as the initial Plaintiffs. Order to be entered by the Court. The Parties to file a motion to determine the proper plaintiffs by 12/7/2021, reply/responses due 12/21/2021. (Court Reporter: Candace Covey) (jam) |
| Filing 20 MOTION TO JOIN DEFENDANTS CITY OF MEMPHIS AND MEMPHIS LIGHT GAS &WATER A/K/A MLGWS MOTION AND SUPPORTING MEMORANDUM FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT FOR DAMAGES re #1 Complaint, #14 Joint MOTION to Consolidate Cases Joint MOTION for Extension of Time to File Answer re #1 Complaint proposed order submitted proposed form of order submitted by Earnest Cartwright, Sr.. (Crone, Alan) |
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Filing 19
ORDER granting #14 Motion for Extension of Time to Respond to Plaintiff's Complaint, signed by Judge Samuel H. Mays, Jr on 10/27/2021. Defendants City of Memphis, Tennessee's and MLGW's answers are due on 11/29/2021. (Mays, Samuel) (Main Document 19 replaced on 10/28/2021) (der).
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| Filing 18 SETTING LETTER: Re: #14 Joint MOTION to Consolidate Cases and Joint MOTION for Extension of Time to File Answer : A TELEPHONIC Status Conference is set for 10/28/2021 at 02:30 PM before Judge Samuel H. Mays, Jr. (der) |
| Filing 17 NOTICE of Appearance by Alan G. Crone on behalf of Earnest Cartwright, Sr. (Crone, Alan) |
| Filing 16 Judge Samuel H. Mays, Jr added. Judge Mark S. Norris no longer assigned to case. (btg) |
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Filing 15
ORDER TRANSFERRING CASE TO SENIOR DISTRICT JUDGE SAMUEL H. MAYS. Signed by Judge Mark S. Norris on 10/26/2021. (Norris, Mark)
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| Filing 14 Joint MOTION to Consolidate Cases , Joint MOTION for Extension of Time to File Answer re #1 Complaint proposed order submitted by City of Memphis, Tennessee, MLGW. (Attachments: #1 Exhibit A - Estate of Payne Complaint, #2 Exhibit B - Petition to Open Estate, #3 Exhibit C - Order Opening Estate)(Cox, Meghan) |
| Filing 13 NOTICE of Appearance by Dennis Patrick Hawkins on behalf of City of Memphis, Tennessee (Hawkins, Dennis) |
| Filing 12 SUMMONS Returned Executed by Susan Sims as to City of Memphis, Tennessee. (Seward, Daniel) |
| Filing 11 SUMMONS Returned Executed by Susan Sims as to Earnest Cartwright, Sr.. (Seward, Daniel) |
| Filing 10 SUMMONS Returned Executed by Susan Sims as to MLGW. (Seward, Daniel) |
| Filing 9 NOTICE by Susan Sims of filing Civil Cover Sheet (Seward, Daniel) |
| Filing 8 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint filed by Susan Sims has been filed. However, the following deficiency has been found: Filer failed to include a civil cover sheet. Please complete and publish under the event "Attachment" and link to DE # 1. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 7 Summons Issued as to Earnest Cartwright, Sr., City of Memphis, Tennessee, MLGW. 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 - MLG&W, #2 Summons - Cartwright)(jae) |
| Filing 6 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint filed by Susan Sims has been filed. For future reference, please note: summons cannot be issued for John/Jane Doe parties. Once parties are identified in an amended complaint, summons should be published attached to the amended complaint. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) |
| Filing 5 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 (jae) |
| Filing 4 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 (jae) |
| Filing 3 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 (jae) |
| Filing 2 Judge Mark S. Norris and Magistrate Judge Annie T. Christoff added. (jae) |
| Filing 1 COMPLAINT against Susan Sims (Filing fee $ 402 receipt number ATNWDC-3708512), filed by Susan Sims. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Seward, Daniel) |
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