Case: Doe v. Nixon

U. S. Court of Appeals for the Eighth Circuit

U. S. Court of Appeals for the Eighth Circuit

COMPLAINT for declaratory and injunctive relief against defendant Matt Blunt, Steven Cruise, Mark Fisher, Carl A. Kinnison, Harry Morley Swingle, Jeremiah W. Nixon, Matt Blunt, Thomas O'Connor, Steven Schicker, Robert P. McCulloch with receipt number 08650000000001605683, in the amount of $350 Non-Jury Demand,, filed by Matt Blunt, Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Waiver of Service Blunt, # 4 Waiver of Service Cruise, # 5 Waiver of Service Fisher, # 6 Waiver of Service Kinnison, # 7 Waiver of Service McCulloch, # 8 Waiver of Service Nixon, # 9 Waiver of Service O'Connor, # 10 Waiver of Service Schicker, # 11 Waiver of Service Swingle)(Rothert, Anthony) (Entered: 10/03/2008)

MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

MOTION for Leave to TO PROCEED UNDER PSEUDONYMS by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

MEMORANDUM in Support of Motion re 3 MOTION for Leave to TO PROCEED UNDER PSEUDONYMS filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit A - Declaration of Jane Doe I, # 2 Exhibit B - Declaration of Jane Doe II, # 3 Exhibit C - Declaration of John Doe I, # 4 Exhibit D - Declaration of John Doe II)(Rothert, Anthony) (Entered: 10/03/2008)

Case Opening Notification Waivers issued 9, Judge Assigned: Charles A. Shaw. (SAJ)

MOTION to Expedite briefing and consideration of Plaintiffs' motion for preliminary injunction by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/08/2008)

MEMORANDUM in Support of Motion re 6 MOTION to Expedite briefing and consideration of Plaintiffs' motion for preliminary injunction filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/08/2008)

WAIVER OF SERVICE Returned Executed filed by Steven Schicker Steven Schicker waiver signed on 10/3/2008, answer due 12/2/2008. (Jones, Robert) (Entered: 10/09/2008)

ENTRY of Appearance by Robert E. Jones for Defendant Steven Schicker. (Jones, Robert) (Entered: 10/09/2008)

ENTRY of Appearance by Adam R. Lorenz for Defendant Steven Schicker. (Lorenz, Adam) (Entered: 10/09/2008)

ORDER IT IS HEREBY ORDERED that plaintiffs motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction is DENIED without prejudice as premature denying 6 Motion to Expedite Signed by Honorable Charles A. Shaw on 10/9/08. (JWJ) (Entered: 10/09/2008)

MEMORANDUM requesting issuance of summons by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Summons Blunt, # 2 Summons Cruise, # 3 Summons Fisher, # 4 Summons Kinnison, # 5 Summons McCollouch, # 6 Summons Nixon, # 7 Summons O'Connor, # 8 Summons Swingle)(Rothert, Anthony) (Entered: 10/09/2008)

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Mark Rauss/Master File (Rothert, Anthony) (Entered: 10/09/2008)

NOTICE OF PROCESS SERVER by Plaintiff Jane Doe II Process Server: John M. Mackey (Rothert, Anthony) (Entered: 10/09/2008)

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: David M. Roberts/DMR Investigations, LLC (Rothert, Anthony) (Entered: 10/09/2008)

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Kellerman Investigations (Rothert, Anthony) (Entered: 10/09/2008)

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Stephen R. Waters/Waterland Litigation Services, LLC (Rothert, Anthony) (Entered: 10/09/2008)

WAIVER OF SERVICE Returned Executed filed by Steven Schicker (Rothert, Anthony) (Entered: 10/10/2008)

Summons Reissued as to defendantSteven Cruise, Mark Fisher, Carl A. Kinnison, Harry Morley Swingle, Matt Blunt, Jeremiah W. Nixon, Thomas O'Connor, Robert P. McCulloch.10/10/2008 summons issued. Summons emailed to Plaintiffs at tony@aclu-em.org. (NCL)

WAIVER OF SERVICE Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II Steven Cruise waiver signed on 10/3/2008, answer due 12/2/2008. (Rothert, Anthony) (Entered: 10/15/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Matt Blunt served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) (Entered: 10/15/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Jeremiah W. Nixon served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) (Entered: 10/15/2008)

ENTRY of Appearance by Howard Paperner for Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Mark Fisher served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Steven Cruise served on 10/14/2008, answer due 12/2/2008. (Rothert, Anthony) (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Carl A. Kinnison served on 10/15/2008, answer due 11/4/2008. (Rothert, Anthony) (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Harry Morley Swingle served on 10/15/2008, answer due 11/4/2008. (Rothert, Anthony) (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Robert P. McCulloch served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) Modified on 10/21/2008; INCORRECT SUMMONS ATTACHED; RE-FILED AS DOCUMENT 35 ; (DJO). (Entered: 10/16/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Thomas O'Connor served on 10/11/2008, answer due 10/31/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Second MOTION to Expedite briefing, hearing and oral argument by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/16/2008)

MEMORANDUM in Support of Motion re 29 Second MOTION to Expedite briefing, hearing and oral argument filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/16/2008)

ORDER IT IS HEREBY ORDERED that plaintiffs second motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction is GRANTED. [Doc. 29] IT IS FURTHER ORDERED that the standard briefing schedule established by the local rules will be modified as follows: (1) defendants opposition to plaintiffs motion for preliminary injunction shall be filed no later than Tuesday, October 21, 2008; (2) plaintiffs reply brief in support of their motion for preliminary injunction shall be filed no later than Thursday, October 23, 2008; (3) the Court will hold a hearing on plaintiffsmotion for preliminary injunction on Tuesday, October 28,2008 at 9:00 a.m. in Courtroom 12-N. At the hearing, the parties shall be prepared to submit proposed orders to the Court for its consideration.IT IS FURTHER ORDERED that plaintiffs shall serve written notice of its second motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction along with a copy of this order via electronic mail, facsimile, or hand-delivery on all defendants who have not entered their appearance. Plaintiffs shall file a certification with the Court by Monday, October 20, 2008 that this has been done.Granting 29 Motion to Expedite Signed by Honorable Charles A. Shaw on 10/17/08. (JWJ) (Entered: 10/17/2008)

ENTRY of Appearance by Christopher J. Quinn for Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/17/2008)

ORDER - Upon review of the Court file, the undersigned concludes there are circumstances present in this case which might give rise to the need for recusal pursuant to 28 USC 455. Accordingly, IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment to another district judge.. Signed by Honorable Charles A. Shaw on 10/20/2008. (MRC) (Entered: 10/20/2008)

REPORT TO COURT ORDER re 33 Order, Certification of Complaince with Court Order by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit Notice with attachments)(Rothert, Anthony) (Entered: 10/20/2008)

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Rober McCulloch served on 10/14/2008; (Rothert, Anthony) Modified on 10/21/2008 (DJO). (Entered: 10/20/2008)

MEMORANDUM re 27 Summons Returned Executed, 35 Summons Returned Executed by Plaintiff Jane Doe I. (Rothert, Anthony) (Entered: 10/20/2008)

ENTRY of Appearance by David C. Nelson for Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Nelson, David) (Entered: 10/20/2008)

REASSIGNMENT ORDER (James G. Woodward, Clerk of Court) - On October 20, 2008 United States District Judge Charles A. Shaw entered an order of recusal that directs the Clerk of Court to assign the above styled cause to another district Judge of this Court. Accordingly, IT IS THEREFORE ORDERED that the above styled cause is randomly reassigned to the Honorable Judge Carol E. Jackson for all further proceedings. Case reassigned to Judge Honorable Carol E. Jackson for all further proceedings (MRC) (Entered: 10/20/2008)

ORDER; IT IS HEREBY ORDERED that the hearing on plaintiffs' motion for a preliminary injunction is rescheduled for Monday, October 27, 2008, at 9:00 a.m. in Courtroom 14 North; Signed by Honorable Carol E. Jackson on 10/20/2008;(DJO) (Entered: 10/20/2008)

ENTRY of Appearance by Lorena V. Merklin von Kaenel for Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

MOTION for More Definite Statement by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Steven Schicker. (Jones, Robert) (Entered: 10/21/2008)

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/21/2008)

MEMORANDUM in Opposition re 41 MOTION for More Definite Statement filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/22/2008)

MOTION for Leave to File Out of Time and Memorandum in Support by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/22/2008)

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/22/2008)

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Carl A. Kinnison, Harry Morley Swingle. (Attachments: # 1 Senate Bill 714, # 2 Fax Cover Sheet/Cover Letter)(DJO) (Entered: 10/23/2008)

MOTION for Leave to File Objection Out of Time by Defendants Steven Cruise, Mark Fisher; (Attachments: # 1 Opposition of Defendants Fisher and Kruse (Cruise) to Preliminary Injunction, # 2 Senate Bill 714, # 3 Fax Cover Sheet/Cover Letter)(DJO) (Entered: 10/23/2008)

RESPONSE to Motion re 49 MOTION for Leave to, 46 MOTION for Leave to File Out of Time and Memorandum in Support (no objection) filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/23/2008)

ORDER granting 46 Motion for Leave to ; granting 49 Motion for Leave to Signed by Honorable Carol E. Jackson on 10/23/2008. (CEJ) (Entered: 10/23/2008)

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/23/2008)

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit E - Second Declaration of Jane Doe II, # 2 Exhibit E-1 Exhibit to Second Declaration of Jane Doe II)(Rothert, Anthony) (Entered: 10/23/2008)

Opposition of defendants Fisher and Kruse to Preliminary Injunction (Originally filed as attachments to 49 ) re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Steven Cruise, Mark Fisher. (Attachments: # 1 Senate Bill, # 2 Fax Cover Sheet)(KKS) (Entered: 10/24/2008)

DECLARATION filed by Plaintiff Jane Doe I re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction. (Rothert, Anthony) (Entered: 10/24/2008)

DECLARATION filed by Plaintiff John Doe II re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction. (Rothert, Anthony) (Entered: 10/24/2008)

DECLARATION filed by Plaintiff John Doe I re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction. (Rothert, Anthony) (Entered: 10/24/2008)

DECLARATION filed by Plaintiff Jane Doe II re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008,. (Rothert, Anthony) (Entered: 10/24/2008)

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that plaintiffs' motion for preliminary injunction to enjoin enforcement of § 589.426, Mo.Rev.Stat., on October 31, 2008, 2 is granted in part and denied in part. IT IS FURTHER ORDERED that the defendants, their agents, and any persons acting in concert with them, are enjoined from enforcing the provisions of § 589.426.1 (1) and § 589.426.1 (2), Mo.Rev.Stat., on October 31, 2008; Signed by Honorable Carol E. Jackson on 10/27/2008;(DJO) (Entered: 10/27/2008)

NOTICE OF APPEAL as to 59 Memorandum & Order,, by Defendants Matt Blunt, Jeremiah W. Nixon. Filing fee $ 455, receipt number 08650000000001631919. (Entered: 10/27/2008)

Initial Notification and or Briefing Schedule from USCA for 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal Number: 08-3476;(DJO) (Entered: 10/28/2008)

Minute Entry for proceedings held before Honorable Carol E. Jackson: Parties present for Preliminary Injunction Hearing held on 10/27/2008; Arguments heard; Preliminary Injunction Granted in part and Denied in Part; (Court Reporter: Gary Bond.) (DJO) (DJO). (Entered: 10/29/2008)

ORDER RECEIPT: (see receipt) Mon Oct 27 15:00:32 CDT 2008 (O'Leary, Deborah)

MOTION to Stay re 59 Memorandum & Order,, by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/28/2008)

MEMORANDUM in Support of Motion re 61 MOTION to Stay re 59 Memorandum & Order,, filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/28/2008)

NOTICE OF APPEAL as to 59 Memorandum & Order,, by Defendant Robert P. McCulloch. (Entered: 10/28/2008)

MOTION to Stay re 59 Memorandum & Order,, by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/28/2008)

MEMORANDUM in Opposition re 64 MOTION to Stay re 59 Memorandum & Order,,, 61 MOTION to Stay re 59 Memorandum & Order,, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/28/2008)

***REMARK, Notice of appeal electronically retrieved by the USCA on 10/27/2008. (DLT)

MOTION for Extension of Time to File Answer re 1 Complaint,,, by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/29/2008)

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendants Jeremiah W. Nixon and Matt Blunt to stay the order entered on October 27, 2008, 61 and the motion of defendant Robert P. McCulloch to stay 64 are denied; Signed by Honorable Carol E. Jackson on 10/30/2008;(DJO) Modified on 10/30/2008 (DJO). (Entered: 10/30/2008)

Emergency MOTION for Reconsideration re 59 Memorandum & Order,, motion to modify by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/30/2008)

MEMORANDUM in Support of Motion re 70 Emergency MOTION for Reconsideration re 59 Memorandum & Order,, motion to modify filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit)(Rothert, Anthony) (Entered: 10/30/2008)

ORDER of USCA as to 63 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal #: 08-3476; The Appellants' motion for stay has been considered by the Court and is hereby granted.(DJO) (Entered: 10/30/2008)

Initial Notification and or Briefing Schedule from USCA for 63 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal Number: 08-3510 (Attachments: # 1 Briefing Schedule)(DJO) (Entered: 10/30/2008)

ORDER RECEIPT: (see receipt) Thu Oct 30 08:31:38 CDT 2008 (O'Leary, Deborah)

NOTICE OF APPEAL as to 59 Memorandum & Order,, by Defendant Thomas O'Connor. Filing fee $ 455, receipt number 08650000000001637159. Appeal Record due by 12/9/2008. (Attachments: # 1 Appellant's Form A, # 2 Statement of Issues on Appeal) (Entered: 10/31/2008)

MEMORANDUM in Opposition re 70 Emergency MOTION for Reconsideration re 59 Memorandum & Order,, motion to modify filed by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/31/2008)

MEMORANDUM in Opposition re 70 Emergency MOTION for Reconsideration re 59 Memorandum & Order,, motion to modify filed by Defendant Steven Schicker. (Jones, Robert) (Entered: 10/31/2008)

AMENDED COMPLAINT against defendant all defendants Amendment to 1 Complaint,,, non-jury demand,, filed by John Doe III, John Doe IV, Jane Doe I, Jane Doe II, John Doe I, John Doe II. Related document: 1 Complaint,,, filed by John Doe I, Jane Doe II, John Doe II, Jane Doe I, Matt Blunt. (Attachments: # 1 Waiver of Service Jim Wells, # 2 Waiver of Service John Connelly, # 3 Waiver of Service James Corwin, # 4 Waiver of Service John Jordan, # 5 Waiver of Service James Keathley, # 6 Waiver of Service Jerry Lee, # 7 Waiver of Service Paul Vescovo, # 8 Waiver of Service Daniel White)(Rothert, Anthony) (Entered: 11/02/2008)

ORDER of USCA : Motion for stay filed by appellant, Robert McCulloch, has been considered by the court and is hereby granted. 63 60 74 USCA Appeal #: 08-3510 (KKS) (Entered: 11/03/2008)

MOTION for Leave to Proceed Under Pseudonyms (John Doe III and John Doe IV) by Plaintiffs John Doe III, John Doe IV. (Rothert, Anthony) (Entered: 11/03/2008)

MEMORANDUM in Support of Motion re 79 MOTION for Leave to Proceed Under Pseudonyms (John Doe III and John Doe IV) filed by Plaintiffs John Doe III, John Doe IV. (Rothert, Anthony) (Entered: 11/03/2008)

RESPONSE to Motion re 70 Emergency MOTION for Reconsideration re 59 Memorandum & Order,, motion to modify filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 11/03/2008)

NOTICE OF APPEAL as to 59 Memorandum & Order,, by Defendant Robert P. McCulloch. Filing fee $ 455.(KMS) (Entered: 11/05/2008)

ENTRY of Appearance by Lorena V. Merklin von Kaenel for Defendant Lee Jerry. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

MOTION for Leave to File Reply Out of Time by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

REPLY to Response to Motion re 41 MOTION for More Definite Statement filed by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Second MOTION for More Definite Statement by Defendants Jerry Lee, Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Receipt 4644003631 in the amount of $455.00 for NOTICE OF APPEAL/DOCKET FEE on behalf of ST. LOUIS COUNTY TREASURER (CCAM)

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 86 Notice of Appeal. Notice of Appeal filed on 11/03/2008 by Defendant Robert P. McCulloch. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE(DLT) (Entered: 11/06/2008)

JUDGMENT of USCA: USCA Appeal #: No: 08-3476; No: 08-3510 ; Appellees have moved to dismiss these appeals, and appellants have filed responses stating they do not oppose dismissal. The motion to dismiss the cases is granted, and the appeals are hereby dismissed. The Court's mandate shall issue forthwith. (KKS) (Entered: 11/06/2008)

MANDATE of USCA In accordance with the judgment of 11/06/2008, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matters. 63 Notice of Appeal filed by Robert P. McCulloch, 86 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA #:No: 08-3476; No: 08-3510(KKS) (Entered: 11/06/2008)

ORDER RECEIPT: (see receipt) Thu Nov 6 15:00:30 CST 2008 (Stamm, Katie)

ANSWER to 77 Amended Complaint,, by Thomas O'Connor.(Paperner, Howard) (Entered: 11/07/2008)

MOTION to Dismiss Case and Memorandum in Support by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 11/07/2008)

MOTION to Withdraw 74 Notice of Appeal, by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 11/07/2008)

***REMARK,Document 86 notice of appeal was previously filed 63 . So this document will be considered null and void, along with 87 (DLT).