Case: Whitner v. City of Pagedale

4:15-cv-01655 | U.S. District Court for the Eastern District of Missouri

Filed Date: Nov. 4, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 4, 2015, residents of Pagedale who had received warnings that they may receive tickets, have been ticketed, or will be ticketed by the city filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the City of Pagedale under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, alleging violations of the Fifth, Eighth, and Fourteenth Amendments. The plaintiffs, represented by both private counsel and a public interest law firm, asked the court for cert…

On November 4, 2015, residents of Pagedale who had received warnings that they may receive tickets, have been ticketed, or will be ticketed by the city filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the City of Pagedale under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, alleging violations of the Fifth, Eighth, and Fourteenth Amendments. The plaintiffs, represented by both private counsel and a public interest law firm, asked the court for certification of their proposed Ticket and Warning Recipients class, declaratory and injunctive relief, nominal damages, and attorneys’ fees.

The plaintiffs claimed that the City of Pagedale used its code enforcement and municipal court to generate revenue, violating the Due Process and Excessive Fines Clauses of the Constitution and abusing the City’s police powers. Specifically, the plaintiffs claimed that the City’s search for revenue resulted in government intrusion into the homes of residents by dramatically increasing the number of non-traffic tickets issued, ticketing for conditions it terms “nuisances,” regulating things not included in its Code, and fining or imprisoning residents for minor infractions (including such things as basketball hoops or dish antennas in the front of houses, not walking on the right side of crosswalks, or wearing one’s pants below the waist in public). The plaintiffs also alleged that Pagedale’s municipal court system, through its opacity and inaccessibility, denies ticketed residents their right of due process.

On December 7, 2015, the City filed a motion to dismiss the plaintiffs’ class allegations. On December 21, 2015, the City also moved to dismiss one of the individual plaintiffs' claims for lack of justiciable controversy.

On January 22, 2016, the court (Judge Rodney W. Sippel) denied the City’s motion to strike the class allegations from the plaintiff’s complaint. The court determined that, while the class is quite broad, it does not lack any possible relation or logical connection to the subject matter, so a motion to strike is not appropriate.

On March 10, 2016, Judge Sippel denied the defendant's motion to dismiss in part and granted it in part. Only Count IV of the plaintiff's complaint, which alleged a Section 1983 violation based on the "city's practice of treating harmless activities and conditions as nuisances and fining Pagedale residents for harmless activities and conditions exceeds the City's police powers and causes irreparable injury to plaintiffs' constitutional rights," was dismissed. Judge Sippel found that Count IV failed to identify any violation of a right protected under the Constitution or federal law, an essential element of a Section 1983 claim. The rest of the plaintiff's case proceeded to discovery. 2016 WL 915303.

On September 2, 2016, Judge Sippel referred the case to Alternative Dispute Resolution (ADR). The parties selected Stephen J. Limbaugh as the Neutral. On October 17, 2016, the Neutral reported that the parties participated in ADR in good faith but did not reach settlement.

The parties proceeded with discovery, and the plaintiffs filed a motion for class certification on October 18, 2017. On January 10, 2018, the parties entered a proposed consent decree, which provided for steps for reform of Pagedale municipal court practices and city prosecutions as well as eliminating part of the municipal code the city deemed "nuisance" behavior. The consent decree did not require Pagedale to refund money to citizens who were ticketed, but those who were ticketed would not face jail unless they had an attorney or had waived their right to an attorney. Pagedale was to submit reports for five years after the decree was entered. The consent decree stated that both parties would cover their own costs and fees. Following a February 2, 2018 hearing on the proposed consent decree, Judge Sippel granted preliminary approval of the proposed consent decree.

In a February 6, 2018 order, Judge Sippel also certified the plaintiff's proposed class, which is defined as "all persons who, at any time since January 1, 2010, have received warning that they may receive tickets, have been ticketed, or will be ticketed by the city of Pagedale." Judge Sippel finalized the consent decree on May 21, 2018.

As of May 2020 the case remain ongoing for enforcement purposes, but there has been no further action in the docket.

Summary Authors

Katrina Fetsch (2/10/2016)

Sarah McDonald (3/25/2018)

Anna Brito (10/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299804/parties/whitner-v-city-of-pagedale/


Judge(s)

Sippel, Rodney W. (Missouri)

Attorneys(s) for Plaintiff

Clark, J. Bennett (Missouri)

House, Joshua (Virginia)

Lanahan, Michael Brendan (Missouri)

Maurer, William R. (Washington)

Russell, Jeffrey S. (Missouri)

Smith, Barbara A. (Missouri)

Attorneys(s) for Defendant

Alton, Sam Jonathan (Missouri)

Hyde, Ryan M. (Missouri)

Reichardt, Timothy J. (Missouri)

Judge(s)

Sippel, Rodney W. (Missouri)

Attorneys(s) for Plaintiff

Clark, J. Bennett (Missouri)

House, Joshua (Virginia)

Lanahan, Michael Brendan (Missouri)

Maurer, William R. (Washington)

Russell, Jeffrey S. (Missouri)

Smith, Barbara A. (Missouri)

Attorneys(s) for Defendant

Alton, Sam Jonathan (Missouri)

Hyde, Ryan M. (Missouri)

Reichardt, Timothy J. (Missouri)

Tangaro, Andrew T. (Missouri)

Vitale, Joseph C. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

May 21, 2018 Docket
1

Civil Rights Class Action Complaint

Nov. 4, 2015 Complaint
21

Defendant City of Pagedale’s Motion to Dismiss Count IV and Plaintiff Mildred Bryant’s Claims from Plaintiffs’ Civil Rights Class Action Complaint

Dec. 21, 2015 Pleading / Motion / Brief
28

Memorandum and Order

Whitner v. Pagedale

Jan. 22, 2016 Order/Opinion
31

Memorandum and Order

2016 WL 915303

March 10, 2016 Order/Opinion
105-1

Consent Decree

Jan. 11, 2018 Order/Opinion
109

Order

Feb. 6, 2018 Order/Opinion
116

Consent Decree

May 21, 2018 Settlement Agreement

Resources

Title Description External URL

Whitner v. City of Pagedale

Fines & Fees Justice Center

Missouri law reduced the percentage of revenue from traffic tickets a municipality may use to fund operations from 30% to 12.5%. As a result, Pagedale generated money through fines imposed for munici… Nov. 16, 2015 https://finesandfeesjusticecenter.org/articles/whitner-v-city-of-pagedale/

Pagedale Municipal Fines

Institute for Justice

What would it be like if your homeowners’ or condo association had a police force? If, instead of just annoying you by nitpicking how your property’s paint looks or whether your barbequing with frien… May 10, 2018 https://ij.org/case/pagedale-municipal-fines/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299804/whitner-v-city-of-pagedale/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Case Opening Notification

Nov. 4, 2015 PACER
1

COMPLAINT against defendant All Defendants with receipt number 0865-5119848, in the amount of $400 Non-Jury Demand,, filed by Valarie Whitner, Mildred Bryant, Vincent Blount. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons Pagedale City Clerk, # 4 Summons Pagedale City Attorney)(Maurer, William) (Entered: 11/04/2015)

1 Civil Cover Sheet

View on PACER

2 Original Filing Form

View on PACER

3 Summons Pagedale City Clerk

View on PACER

4 Summons Pagedale City Attorney

View on PACER

Nov. 4, 2015 RECAP
2

NOTICE OF PROCESS SERVER by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner Process Server: Markell & Associates, Inc. (Maurer, William) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
3

MOTION for Leave to Appear Pro Hac Vice William R. Maurer. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5119924) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing for William Maurer)(Maurer, William) (Entered: 11/04/2015)

1 Certificate of Good Standing for William Maurer

View on PACER

Nov. 4, 2015 PACER
4

ENTRY of Appearance by J. Bennett Clark for Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Clark, J.) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
5

SUMMONS Returned Executed filed by Valarie Whitner, Mildred Bryant, Vincent Blount. City of Pagedale served on 11/4/2015, answer due 11/25/2015. (LGK) (Entered: 11/06/2015)

Nov. 5, 2015 PACER
6

MEMORANDUM Proof of Service Noting Service of Complaint to Missouri Attorney General by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 11/05/2015)

Nov. 5, 2015 PACER

Receipt

Nov. 6, 2015 PACER
8

MOTION for Leave to Appear Pro Hac Vice: Joshua House. The Certificate of Good Standing was attached (Filing fee $100 receipt number 53455) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing)(CAR) (Entered: 11/09/2015)

1 Certificate of Good Standing

View on PACER

Nov. 6, 2015 PACER
7

ENTRY of Appearance by Michael Brendan Lanahan for Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Lanahan, Michael) (Entered: 11/09/2015)

Nov. 9, 2015 PACER
9

Docket Text ORDER: Re: 8 MOTION for Leave to Appear Pro Hac Vice: Joshua House. The Certificate of Good Standing was attached (Filing fee $100 receipt number 53455) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing)(CAR) filed by Valarie Whitner, Mildred Bryant, Vincent Blount ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 11/10/15. (LGK) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
10

Docket Text ORDER: Re: 3 MOTION for Leave to Appear Pro Hac Vice William R. Maurer filed by Valarie Whitner, Mildred Bryant, Vincent Blount; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 11/17/15. (CAR) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
11

ENTRY of Appearance by Timothy J. Reichardt for Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
13

ENTRY of Appearance by Joseph C. Vitale for Defendant City of Pagedale. (Vitale, Joseph) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
14

MOTION for Extension of: Time by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 11/25/2015)

Nov. 25, 2015 PACER

Remark

Nov. 30, 2015 PACER
15

ENTRY of Appearance by Andrew T. Tangaro for Defendant City of Pagedale. (Tangaro, Andrew) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
16

Docket Text ORDER: as to City of Pagedale Re: 14 MOTION for Extension of: Time by Defendant City of Pagedale. (Vitale, Joseph) filed by City of Pagedale ; ORDERED GRANTED, City of Pagedale answer due 12/7/2015.. Signed by District Judge Rodney W. Sippel on 11/30/15. (LGK) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
17

ANSWER to 1 Complaint, by City of Pagedale.(Vitale, Joseph) (Entered: 12/07/2015)

Dec. 7, 2015 RECAP
18

MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
19

MEMORANDUM in Support of Motion re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/07/2015)

Dec. 7, 2015 RECAP
20

MEMORANDUM in Opposition re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Main Document 20 replaced on 12/15/2015) (LGK). (Entered: 12/14/2015)

Dec. 14, 2015 PACER
21

MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
22

MEMORANDUM in Support of Motion re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/21/2015)

Dec. 21, 2015 RECAP
23

First MOTION for Extension of: Time by Consent by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
24

REPLY to Response to Motion re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
25

Docket Text ORDER: Re: 23 First MOTION for Extension of: Time by Consent by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) filed by Valarie Whitner, Mildred Bryant, Vincent Blount ; ORDERED GRANTED.. Signed by District Judge Rodney W. Sippel on 12/22/15. (LGK) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
26

MEMORANDUM in Opposition re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 01/08/2016)

Jan. 8, 2016 PACER
27

REPLY to Response to Motion re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 01/21/2016)

Jan. 21, 2016 PACER
28

ORDER denying 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by City of Pagedale. Signed by District Judge Rodney W. Sippel on 1/22/16. (CAR) (Entered: 01/22/2016)

Jan. 22, 2016 RECAP
29

RULE 16 ORDER This case is assigned to Track: PTRACK 2 - STANDARD Joint Scheduling Plan due by 3/17/2016. Rule 16 Conference set for 3/24/2016 09:30 AM in Chambers before District Judge Rodney W. Sippel.. Signed by District Judge Rodney W. Sippel on 2/24/16. (LGK) (Entered: 02/24/2016)

Feb. 24, 2016 PACER
30

NOTICE by Defendant City of Pagedale of Withdrawal of Appearance (Vitale, Joseph) (Entered: 03/04/2016)

March 4, 2016 PACER
31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant City of Pagedale's Motion to Dismiss Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint # 21, as construed in part as a motion for judgment on the pleadings pursuant to Rule 12(c), is GRANTED IN PART and DENIED IN PART. Count IV of Plaintiffs' Complaint is dismissed. Defendant's Motion is otherwise denied. Signed by District Judge Rodney W. Sippel on 3/10/16. (ARL) (Entered: 03/10/2016)

March 10, 2016 RECAP
32

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(f) FEDERAL RULES OF CIVIL PROCEDURE. (Maurer, William) (Entered: 03/16/2016)

March 16, 2016 PACER
33

Docket Text ORDER: re 30 NOTICE by Defendant City of Pagedale of Withdrawal of Appearance ; ORDERED GRANTED. Attorney Joseph C. Vitale terminated. Signed by District Judge Rodney W. Sippel on 3/17/16. (ARL) (Entered: 03/17/2016)

March 17, 2016 PACER
34

ORDER : IT IS HEREBY ORDERED that a class certification scheduling conference is set for June 16, 2016 at 10:00 a.m. in Courtroom 16 South. Parties shall file a joint proposed class certification schedule no later than June 9, 2016. Signed by District Judge Rodney W. Sippel on 3/24/16. (ARL) (Entered: 03/24/2016)

March 24, 2016 PACER
35

CASE MANAGEMENT ORDER This case is assigned to Track: 2. Motion to Join Parties due by 5/27/2016. Discovery Completion due by 12/16/2016. ADR Future Reference 9/1/2016. Dispositive Motions due by 1/20/2017. Jury Trial set for 6/12/2017 09:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 3/24/16. (ARL) (Entered: 03/24/2016)

March 24, 2016 PACER
36

ENTRY of Appearance by Ryan M. Hyde for Defendant City of Pagedale. (Hyde, Ryan) (Entered: 06/09/2016)

June 9, 2016 PACER
37

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Class Certification (Proposed). (Maurer, William) (Entered: 06/09/2016)

June 9, 2016 PACER
38

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Class Certification Scheduling Conference held on 6/16/2016. Order to follow. (Court Reporter:Shannon White.) (FTR Gold: No.) (CAR) (Entered: 06/16/2016)

June 16, 2016 PACER
39

CASE MANAGEMENT ORDER CLASS CERTIFICATION ISSUES: IT IS HEREBY ORDERED that the following schedule shall apply to the class certification issues in this case and will be modified only upon a showing of exceptional circumstances: (see order for details) Discovery Completion due by 7/11/2016. Class Certification Hearing set for 10/11/2016 10:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 6/16/2016. (KMS) (Entered: 06/16/2016)

June 16, 2016 PACER
40

TRANSCRIPT of 38 (STATUS CONFERENCE) held on 6/16/16 before Judge Rodney W. Sippel. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/4/2016. (LGK) (Entered: 07/06/2016)

July 6, 2016 PACER
41

Joint MOTION to Amend/Correct Class Certification Case Management Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 07/22/2016)

July 22, 2016 PACER
42

ORDER : IT IS HEREBY ORDERED that the parties' joint motion to modify the class certification case management order 41 is GRANTED. The deadlines set in the existing class certification case management order 39 are vacated. IT IS FURTHER ORDERED that the deadline for motions to compel on class certification discovery issues is August 19, 2016. An amended class certification scheduling conference will be set at a later date to schedule the remaining deadlines. Signed by District Judge Rodney W. Sippel on 7/27/16. (ARL) (Entered: 07/27/2016)

July 27, 2016 PACER
43

ORDER: IT IS HEREBY ORDERED that an amended class certification scheduling conference will be held on Thursday, September 15, 2016 at 2:30 p.m. in Courtroom 16-South. Local counsel must attend in person. Out-of-town counsel who wish to participate by telephone must file a motion asking to do so no later than September 9, 2016. IT IS FURTHER ORDERED that the parties shall submit a joint proposed amended class certification scheduling plan no later than September 9, 2016. Signed by District Judge Rodney W. Sippel on 8/1/16. (CAR) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
44

MOTION to Compel Discovery Responses by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/19/2016)

Aug. 19, 2016 PACER
45

MEMORANDUM in Support of Motion re 44 MOTION to Compel Discovery Responses filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Affidavit Declaration of Joshua House in Support of Plaintiffs' Motion to Compel Discovery Responses)(Maurer, William) (Entered: 08/19/2016)

1 Affidavit Declaration of Joshua House in Support of Plaintiffs' Motion to C

View on PACER

Aug. 19, 2016 PACER
46

MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
47

MEMORANDUM in Support of Motion re 46 MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
48

First MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Compel Discovery Responses by Defendant City of Pagedale. (Hyde, Ryan) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
49

RESPONSE to Motion re 46 MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response filed by Defendant City of Pagedale. (Hyde, Ryan) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
50

ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion to Vacate Deadline for Plaintiffs' Expert Disclosure and Report # 46 is GRANTED. New deadlines will be discussed at the September 15, 2016 scheduling conference. IT IS FURTHER ORDERED that Defendant's Motion for Extension to Respond to Plaintiffs' Motion to Compel # 48 is GRANTED. Defendant's response must be filed no later than August 30, 2016. IT IS FURTHER ORDERED that the parties should be prepared to discuss Plaintiffs' motion to compel 44, the class certification schedule, and the general case management order at the September 15, 2016 scheduling conference.. Signed by District Judge Rodney W. Sippel on 8/29/16. (LGK) (Entered: 08/29/2016)

Aug. 29, 2016 PACER
51

MEMORANDUM in Opposition re 44 MOTION to Compel Discovery Responses filed by Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 08/30/2016)

Aug. 30, 2016 PACER
52

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: J. Bennett Clark ADR Completion Deadline due by 10/31/2016. ADR Compliance Report Deadline due by 11/14/2016. Designation of Neutral/Conference Report due by 9/22/2016.. Signed by District Judge Rodney W. Sippel on 9/2/16. (LGK) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
53

REPLY to Response to Motion re 44 MOTION to Compel Discovery Responses filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
54

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Amended Class Certification Schedule (Proposed). (Maurer, William) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
55

MOTION for Leave to Appear by Telephone by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
56

ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion for Out-of-Town Counsel to Appear by Telephone # 55 at the conference scheduled for September 15, 2016, at 2:30 p.m. is GRANTED. Plaintiffs' out-of-town counsel should call my chambers at 314-244-7430 to be connected to the courtroom for the conference. All other counsel must appear in person. Signed by District Judge Rodney W. Sippel on 9/12/16. (LGK) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
57

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 9/15/2016. Discussion held between Court and counsel on motion to compel 44, and scheduling. Order to issue. (Court Reporter:Debbie Kriegshauser) (FTR Gold: No) (LGK) (Entered: 09/15/2016)

Sept. 15, 2016 PACER
58

ORDER: In accordance with and for the reasons stated on the record at the September 15, 2016 hearing in this matter, IT IS HEREBY ORDERED that Plaintiffs Motion to Compel Discovery Responses # 44 is GRANTED in part and DENIED in part. Discovery will proceed as stated on the record. IT IS FURTHER ORDERED that the parties shall confer on dates for the next hearing in this matter and jointly submit a written notice with suggested dates no later than Monday, September 19, 2016. Signed by District Judge Rodney W. Sippel on 9/16/16. (CAR) (Entered: 09/16/2016)

Sept. 16, 2016 PACER
59

NOTICE of Parties Suggesting Hearing Dates Regarding Discovery: by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner (Maurer, William) (Entered: 09/19/2016)

Sept. 19, 2016 PACER
60

ORDER: IT IS HEREBY ORDERED that a status and scheduling conference in this matter will be held on Tuesday, October 4, 2016 at 2:00 p.m. in Courtroom 16 South. The parties should be prepared to update the Court on the discovery issues discussed at the last conference and to set an amended class certification schedule. IT IS FURTHER ORDERED that the parties shall submit a joint proposed amended class certification scheduling plan no later than September 30, 2016. Status Conference set for 10/4/2016 02:00 PM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 9/20/16. (ARL) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
61

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner Neutral: Limbaugh Sr., Stephen N. Date of Conference: October 11, 2016 time: 1:00PM Location: U.S. Arbitration & Mediation Office, 500 N. Broadway, Suite 1800, Saint Louis, Missouri 63102(Maurer, William) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
62

NOTICE of Appointment of Neutral. Neutral name: Limbaugh Sr., Stephen N. Neutral selected by parties (Copy of notice emailed to neutral)(LGK) (Entered: 09/23/2016)

Sept. 23, 2016 PACER
63

MOTION for Leave to Withdraw by Defendant City of Pagedale. (Tangaro, Andrew) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
64

Docket Text ORDER: Re: 63 MOTION for Leave to Withdraw filed by City of Pagedale; ORDERED GRANTED. Attorney Andrew T. Tangaro terminated. Signed by District Judge Rodney W. Sippel on 9/28/16. (CAR) (Entered: 09/28/2016)

Sept. 28, 2016 PACER
65

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Amended Class Certification Schedule (Proposed). (Maurer, William) (Entered: 09/30/2016)

Sept. 30, 2016 RECAP
66

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 10/4/2016. Discussion held. ( Status Conference set for 11/3/2016 02:00 PM in Courtroom 16S before District Judge Rodney W. Sippel.) (Court Reporter: Shannon White) (ARL) (Entered: 10/04/2016)

Oct. 4, 2016 PACER
67

ORDER: IT IS HEREBY ORDERED that a discovery status conference will be held in this matter on Thursday, November 3, 2016 at 2:00 p.m. in Courtroom 16-South. Discovery will proceed as stated on the record at the status conference held on October 4, 2016. Signed by District Judge Rodney W. Sippel on 10/5/16. (CAR) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
68

ADR COMPLIANCE REPORT by Neutral: Limbaugh Sr., Stephen N.. Date of Conference: October 11, 2016. The parties participated in good faith. The parties did not achieve a settlement.(KXS) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
69

TRANSCRIPT of 66 (STATUS HEARING) held on 10/4/16 before Judge Rodney W. Sippel. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 1/31/2017. (CAR) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
70

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 11/3/2016. Order to issue. (Court Reporter:Shannon White) (FTR Gold: No) (CAR) (Entered: 11/04/2016)

Nov. 3, 2016 PACER
71

AMENDED CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the remaining deadlines set in the case management order for this case 35 are vacated. IT IS FURTHER ORDERED that the parties shall file a proposed protective order(s) to be entered in this case no later than November 10, 2016. See Order for schedule regarding class certification issues. A Class Certification Hearing is set for 5/18/2017 at 10:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 11/4/16. (CAR) (Entered: 11/04/2016)

Nov. 4, 2016 RECAP
72

MOTION for Protective Order by Defendant City of Pagedale. (Attachments: # 1 Exhibit Ex. A - Defendant's Proposed Protective Order)(Hyde, Ryan) (Entered: 11/10/2016)

1 Exhibit Ex. A - Defendant's Proposed Protective Order

View on PACER

Nov. 10, 2016 PACER
73

MOTION for Protective Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
74

MEMORANDUM in Support of Motion re 73 MOTION for Protective Order filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Exhibit [[Plaintiffs' Proposed]] Protective Order)(Maurer, William) (Entered: 11/10/2016)

1 Exhibit [[Plaintiffs' Proposed]] Protective Order

View on PACER

Nov. 10, 2016 PACER
75

PROTECTIVE ORDER. Signed by District Judge Rodney W. Sippel on 11/15/16. (LGK) (Entered: 11/15/2016)

Nov. 15, 2016 PACER
76

MOTION to Vacate Amended Case Management Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
77

ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Vacate Amended Case Management Order 76 is GRANTED. The deadlines set in the amended case management order for this case 71 are vacated. IT IS FURTHER ORDERED that a status conference is set in this matter for March 20, 2017 at 10:00 a.m. in Courtroom 16 South. Signed by District Judge Rodney W. Sippel on 2/10/17. (ARL) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
78

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 3/20/2017. Order to follow. (Court Reporter:Shannon White) (FTR Gold: No) (CAR) (Entered: 03/20/2017)

March 20, 2017 PACER
79

AMENDED CASE MANAGEMENT ORDER. This action is set for a Class Certification Hearing on December 19, 2017 at 9:30 a.m. in Courtroom 16-South before District Judge Rodney W. Sippel. See Order for additional deadlines. Signed by District Judge Rodney W. Sippel on 3/20/17. (CAR) (Entered: 03/20/2017)

March 20, 2017 PACER
80

Entry of Appearance

April 26, 2017 PACER
81

Motion to Substitute Attorney

April 26, 2017 PACER
82

Docket Text Order

April 27, 2017 PACER
83

Transcript

Sept. 25, 2017 PACER
84

Transcript

Sept. 25, 2017 PACER
85

Motion to Compel

Oct. 11, 2017 PACER
86

Memorandum in Support of Motion

Oct. 11, 2017 PACER
87

Entry of Appearance

Oct. 16, 2017 PACER
88

Memorandum in Opposition to Motion

Oct. 18, 2017 PACER
89

Motion to Certify Class

Oct. 18, 2017 PACER
90

Memorandum in Support of Motion

Oct. 18, 2017 PACER
91

Scheduling Order

Oct. 23, 2017 PACER
92

Reply to Response to Motion

Oct. 25, 2017 PACER
93

Amended Document

Oct. 30, 2017 PACER
94

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Motion Hearing held on 11/7/2017 re 85 Second MOTION to Compel Discovery Responses filed by Valarie Whitner, Mildred Bryant, Vincent Blount. Arguments made. Order to issue. (Court Reporter:Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966) (FTR Gold: No) (LGK) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
95

ORDER : IT IS HEREBY ORDERED that Plaintiffs' Second Motion to Compel Discovery Responses 85 is GRANTED in part and DENIED in part. Defendant shall respond to Interrogatory No. 16. With respect to Interrogatory No. 17, Defendant shall identify its general operating revenue for the years at issue. Defendant shall respond as provided herein no later than November 21, 2017. IT IS FURTHER ORDERED that a status hearing is set in this matter on Tuesday, November 14, 2017, at 3:30 p.m. in Courtroom 16 South.. Signed by District Judge Rodney W. Sippel on 11/7/17. (LGK) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
96

MEMORANDUM re 95 Order,, by Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 11/10/2017)

Nov. 10, 2017 RECAP
97

MOTION for Leave to Permit Plaintiff Bryant to Appear by Telephone by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 11/13/2017)

Nov. 13, 2017 PACER
98

Docket Text ORDER: Re: 97 MOTION for Leave to Permit Plaintiff Bryant to Appear by Telephone by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) filed by Valarie Whitner, Mildred Bryant, Vincent Blount ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 11/14/17. (ARL) (Entered: 11/14/2017)

Nov. 14, 2017 PACER

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Nov. 4, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who, at any time since January 1, 2010, have received warning that they may receive tickets, have been ticketed, or will be ticketed by the city of Pagedale.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Pagedale (St. Louis), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2023

Content of Injunction:

Reporting

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Conflict of interest

Courts

Disciplinary procedures

False arrest

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Poverty/homelessness