Case: Church v. State of Missouri

2:17-cv-04057 | U.S. District Court for the Western District of Missouri

Filed Date: April 7, 2017

Closed Date: June 15, 2020

Clearinghouse coding complete

Case Summary

On March 9, 2017, the plaintiffs filed this class action suit challenging the adequacy of the Missouri State Public Defender (MSPD) on behalf of all indigent adults and juveniles who were charged with any offense that carries the potential for incarceration as a penalty and who are eligible to be represented by MSPD. The complaint was originally filed in Circuit Court of Cole County but defendants removed it to the U.S. District Court for the Western District of Missouri on April 7, 2017. The p…

On March 9, 2017, the plaintiffs filed this class action suit challenging the adequacy of the Missouri State Public Defender (MSPD) on behalf of all indigent adults and juveniles who were charged with any offense that carries the potential for incarceration as a penalty and who are eligible to be represented by MSPD. The complaint was originally filed in Circuit Court of Cole County but defendants removed it to the U.S. District Court for the Western District of Missouri on April 7, 2017. The plaintiffs, represented by the ACLU and the MacArthur Justice Center sued the State of Missouri along with its governor under 42 §U.S.C §1983, alleging a violation of the Sixth and Fourteenth Amendment right to counsel also guaranteed by the Missouri Constitution Art. I, § 18(a) and the Missouri Criminal and Juvenile Codes. The plaintiffs also alleged a violation of the Fifth and Fourteenth Amendments right to due process, also guaranteed by the Missouri Constitution Art. I, § 10. The lawsuit asked the court to declare Missouri’s public defense system unconstitutional and to order the defendants to take the steps “necessary to bring the system into compliance with federal and state law.”

The complaint alleged that the State of Missouri had failed "to provide the resources required to adequately represent poor people accused of crime in Missouri, leading to the actual and constructive denial of counsel for, and ineffective representation of, indigent defendant across the State.” Moreover, it stated that the budget for indigent defense was “shockingly inadequate" and alleged that attorneys had little time to spend on each case, causing poor defendants to needlessly sit in jail for prolonged periods until their public defender has time to work on their case. The complaint stated that there was a lack of attorneys at arraignments and bond hearings, and that many appointed attorneys were unprepared to effectively advocate for a client.

The case was assigned to Judge Nanette Laughrey and was also included in Missouri's Mediation and Assessment Program with Magistrate Judge Matt J. Whitworth assigned to be the mediator. On April 21, 2017, the defendants moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. On June 6, 2017, the case was reassigned to an outside mediator.

The plaintiffs requested the court to certify their class on June 8, 2017. The proposed class consisted of "all indigent persons who are now or who will be during the pendency of this litigation, under formal charge before a state court in Missouri of having committed any offense the penalty for which includes the possibility of

confinement, incarceration, imprisonment, or detention (regardless of whether

actually imposed), and who are eligible to be represented by MSPD."

On July 5, 2017 the court held oral argument on the defendants' motions to dismiss, and on July 24, 2017 Judge Laughrey granted the defendant's motion to dismiss in part as to one of the plaintiffs who lacked standing to sue. 268 F.Supp.3d 992. The court denied the motion as to the other plaintiffs. Regarding the state of Missouri, the court found that the state had waived sovereign immunity by removing the case to federal court. The court also denied the motion to dismiss as it related to the governor of Missouri, finding that the plaintiffs had alleged that the governor had a sufficient connection to the challenged conduct to place him squarely within the Ex Parte Young exception to sovereign immunity.

On August 18, 2017, two Defendants, the state of Missouri and its Governor, appealed to the Eighth Circuit their denied motion to dismiss for lack of jurisdiction. (Docket No. 17-2857). Arguments were held on April 10, 2018,

Meanwhile, in the district court, the parties began discovery until, on January 18, 2018, the defendants filed a motion to stay the case pending resolution of the appeal to the Eighth Circuit. The same day, the defendants filed a motion to realign the MSPD defendants as plaintiffs. The plaintiffs submitted an opposition to the realignment on January 31, contending that there was no legal basis to realign the MSPD defendants as plaintiffs and that there were actual and substantial conflicts between the two groups. On February 9, both parties filed their respective motions for summary judgment. The plaintiffs sought summary judgment on all of their declaratory and injunctive claims and an order requiring the defendants to propose a plan to provide adequate representation to all indigent criminal defendants in Missouri within 30 days. The defendants contended that the Eleventh Amendment immunity barred all claims to the state, that the plaintiffs lacked Article III standing, and that the plaintiffs failed to state plausible constitutional claims. On the same day, the defendants filed a motion to strike the designation of plaintiffs’ experts and exclude the testimony of the experts at trial. The plaintiffs submitted an opposition to the motion to strike on March 2. The motions to realign the MSPD defendants, the parties’ motions for summary judgment, and the motion to strike the plaintiffs’ experts were all denied on April 17, 2018.

In an opinion written by Judge Benton, the Eighth Circuit reversed the judgment of the district court in favor of the defendants on January 10, 2019. 913 F.3d 736. Regarding the state of Missouri, the Eighth Circuit held that sovereign immunity is broader than Eleventh Amendment immunity and in the absence of an express statutory exception or a recognized common law exception, sovereign immunity is the rule and applies to all suits against public entities. The Eighth Circuit also reversed the district court's holding regarding the governor, rebutting point by point how the Ex Parte Young exception did not apply in this case.

The case was remanded to the district court for further proceedings. The plaintiffs’ claims against the state of Missouri and the governer were denied on February 26, 2019, and Judge Laughrey also denied the plaintiffs' class certification. 2019 WL 954982. The defendants’ motion to stay was also denied as moot.

District Judge Laughrey, in light of the Eighth Circuit decision, ordered parties to proceed with mediation on March 1, 2019. The parties submitted a joint motion to enter a consent judgment, proposing a variety of obligations to MSPD on May 13. Specifically, the consent judgment proposed that the MSPD must ensure public defenders argue for release at every client’s initial appearance, implement a caseload standard on individual public defenders, and provide for a monitor to ensure compliance.

The following day, the Attorney General filed a motion to intervene as a defendant and sought a temporary stay on the litigation. The Attorney General contended that despite their right to participate in litigation concerning the state’s interest, the proposed consent judgment did not adequately consult the Attorney General in the mediation process. The plaintiffs filed an opposition to the two motions on May 28.

On July 12, 2019, the motion to intervene was denied but the court permitted the Attorney General to submit an amicus brief addressing whether the proposed consent judgment comported with Missouri law, as well as other concerns on public safety and welfare. 2019 WL 3069856. On July 26, the Attorney General submitted the amicus brief and appealed the intervention decision to the Eighth Circuit with a motion to stay pending appeal. (Docket No. 19-2584). The district court partially granted the motion to stay and decided to stay the consent order pending resolution of the ruling.

On January 27, 2020, the parties’ joint motion for consent judgment was denied by the district court. Judge Laughrey determined that the rigid caseload capacity ceiling would impose an impossible constraint upon the public defenders in trying to comply with the consent decree and court orders to defend indigent clients. 2020 WL 420833.

The parties engaged in a teleconference before the court on May 8, 2020. There, Judge Laughrey told the plaintiffs that they must either dismiss the case without prejudice or proceed to a bench trial. The plaintiffs opted for a bench trial, and Judge Laughrey noted that discovery was closed but permitted the parties to participate in consensual discovery. In another teleconference hearing held on May 19, the Defendants argued that only one plaintiff still had standing and therefore any remedy must be tailored to her specific case.

On June 10, 2020, the parties notified the court that they had reached a resolution. The case was dismissed without prejudice on June 15, 2020. On June 16, the plaintiffs filed a motion to dismiss the pending appeal before the Eighth Circuit as moot given that the district court case concluded. The Eighth Circuit granted the motion on July 8, 2020. This case is now closed.

Summary Authors

Abigail DeHart (7/30/2017)

Virginia Weeks (3/12/2018)

Averyn Lee (8/1/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6102369/parties/church-v-state-of-missouri/


Judge(s)

Benton, William Duane (Missouri)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Anand, Easha (California)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

DeLoach, Kayla (Missouri)

Maune, James J. (California)

Melehani, Will (California)

Prasad, Anjali (California)

Quinn, Mae C. (Missouri)

Judge(s)

Benton, William Duane (Missouri)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Anand, Easha (California)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

DeLoach, Kayla (Missouri)

Maune, James J. (California)

Melehani, Will (California)

Prasad, Anjali (California)

Quinn, Mae C. (Missouri)

Rosca, Camille Joanne (New York)

Rose, Evan (California)

Rothert, Anthony [Tony] E. (Missouri)

Scherzer, Aaron W. (New York)

Shahabian, Matthew R. (California)

Sills, Robert L. (New York)

Steffan, Jessie (Missouri)

Tartaglio, Anthony (California)

Wilcox, Gillian R. (Missouri)

Williamson, Jason D. (New York)

Attorneys(s) for Defendant

Berrigan, Patrick J (Missouri)

Elsbury, Laura E. (Missouri)

Gianaris, Ted (Illinois)

Kroeger, Richard (Illinois)

Mermelstein, John Gregory (Missouri)

Moore, Justin (Missouri)

Quinlan, Michael D. (Missouri)

Ramsey, Steven Alan (Missouri)

Sauer, Dean John (Missouri)

Shipma, Jacqueline (Missouri)

Shull, Doug (Missouri)

Stewart, George Michael (Illinois)

Other Attorney(s)

Blake, Julie Marie (Missouri)

Morgan, Jeremiah J. (Missouri)

Stevens, Christian M (Missouri)

Documents in the Clearinghouse

Document

2:17-cv-04057

Docket [PACER]

Aug. 4, 2020

Aug. 4, 2020

Docket

17AC-CC00130

Class Action Petition for Injunctive and Declaratory Relief

Missouri state trial court

March 9, 2017

March 9, 2017

Complaint
69

2:17-cv-04057

Order

268 F.Supp.3d 992

July 24, 2017

July 24, 2017

Order/Opinion

17-02857

Order

Church v. Missouri

U. S. Court of Appeals for the Eighth Circuit

913 F.3d 736

April 10, 2018

April 10, 2018

Order/Opinion
212

2:17-cv-04057

Order

Dalton v. Barrett

2019 WL 954982

Feb. 26, 2019

Feb. 26, 2019

Order/Opinion
238

2:17-cv-04057

Order

Dalton v. Barrett

2019 WL 3069856

July 12, 2019

July 12, 2019

Order/Opinion
247

2:17-cv-04057

Amicus Brief of the Missouri Attorney General as to the Proposed Consent Judgment

Dalton v. Barrett

July 26, 2019

July 26, 2019

Pleading / Motion / Brief
261

2:17-cv-04057

Order

Dalton v. Barrett

2020 WL 420833

Jan. 27, 2020

Jan. 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6102369/church-v-state-of-missouri/

Last updated June 8, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Cole County County, case number 17AC-CC00130, filed by Dean John Sauer on behalf of All Defendants. Filing fee $ 400, receipt number 0866-5244765. (Attachments: # 1 Exhibit Notice to Plaintiffs, # 2 Exhibit Case File 1 of 4, # 3 Exhibit Case File 2 of 4, # 4 Exhibit Case File 3 of 4, # 5 Exhibit Case File 4 of 4, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Civil Cover Sheet Civil Cover Sheet Attachment)(Sauer, Dean) (Entered: 04/07/2017)

1 Exhibit Notice to Plaintiffs

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2 Exhibit Case File 1 of 4

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3 Exhibit Case File 2 of 4

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4 Exhibit Case File 3 of 4

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5 Exhibit Case File 4 of 4

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6 Civil Cover Sheet Civil Cover Sheet

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7 Civil Cover Sheet Civil Cover Sheet Attachment

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April 7, 2017

April 7, 2017

PACER
2

NOTICE of filing to Plaintiffs of Notice of Removal by Michael Barrett, H. Riley Bock, Craig Chval, Eric Greitens, A. Crista Hogan, Charles R Jackson, State of Missouri re 1 Notice of Removal, (Attachments: # 1 Exhibit Notice of Removal)(Sauer, Dean) (Entered: 04/07/2017)

1 Exhibit Notice of Removal

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April 7, 2017

April 7, 2017

PACER
3

CERTIFICATE of counsel re 1 Notice of Removal, by Dean John Sauer on behalf of All Defendants (Attachments: # 1 Exhibit Notice to State Court of Notice of Removal)(Sauer, Dean) (Entered: 04/07/2017)

1 Exhibit Notice to State Court of Notice of Removal

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April 7, 2017

April 7, 2017

PACER
4

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Matt J. Whitworth. (Attachments: # 1 MAP General Order)(Geiser, Angel) (Entered: 04/07/2017)

1 MAP General Order

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April 7, 2017

April 7, 2017

PACER
5

Consent MOTION for extension of time to file an answer or responsive motions filed by Dean John Sauer on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 4/21/2017 unless otherwise directed by the court. (Sauer, Dean) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
6

Motion to allow Robert L. Sills to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5245761) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
7

Motion to allow Aaron Scherzer to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5245762) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
8

Motion to allow Evan Rose to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5245763) filed by Anthony E. Rothert on behalf of Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. (Rothert, Anthony) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
9

ORDER entered by Judge Nanette Laughrey. State Defendants' Consent Motion for Extension of Time, [Doc. 5 ], is granted. Defendants' Answer or Responsive Motion due 4/21/2017. This is a TEXT ONLY ENTRY. No document is attached.(Farrington, Elizabeth) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
10

ORDER ON PRETRIAL PROCEDURES. Signed on 4/13/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
11

ORDER. Proposed scheduling order due by 4/28/2017. Rule 26 conference due by 4/24/2017. Signed on 4/13/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
12

Motion to allow Matthew R. Shahabian to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5254228) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
13

Motion to allow Easha Anand to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5254232) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
14

ORDER denying 8 motion to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motion. Mr. Rose has not indicated in his affidavit that he is a member of a United States District Court as required in Local Rule 83.5(h). This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
15

ORDER granting 6 7 motion to appear pro hac vice entered by Clerk of Court. Attorney Robert L Sills & Aaron Scherzer for Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, & Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101 This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
16

ORDER granting 12 13 motion to appear pro hac vice entered by Clerk of Court. Attorney Matthew R Shahabian & Easha Anand for Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, & Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101 This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
17

DEFENDANTS ANSWER to Complaint on behalf of Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson.(Shipma, Jacqueline) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
18

MOTION to dismiss case Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Dean John Sauer on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 5/5/2017 unless otherwise directed by the court. (Sauer, Dean) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
19

SUGGESTIONS in support re 18 MOTION to dismiss case Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Dean John Sauer on behalf of Defendants Eric Greitens, State of Missouri. (Related document(s) 18 ) (Sauer, Dean) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dean John Sauer on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 5/5/2017 unless otherwise directed by the court. (Sauer, Dean) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
21

SUGGESTIONS in support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dean John Sauer on behalf of Defendants Eric Greitens, State of Missouri. (Related document(s) 20 ) (Sauer, Dean) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
22

Motion to allow Evan Rose to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5245763) filed by Anthony E. Rothert on behalf of Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. (Rothert, Anthony) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
23

CERTIFICATE OF SERVICE by Eric Greitens, State of Missouri filed by Dean John Sauer on behalf of Defendants Eric Greitens, State of Missouri.(Sauer, Dean) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
24

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Rothert, Anthony) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
25

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jacqueline Shipma on behalf of Defendants Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson.(Shipma, Jacqueline) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
26

MOTION for extension of time to file response/reply as to 18 MOTION to dismiss case Pursuant to Federal Rule of Civil Procedure 12(b)(1), 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/12/2017 unless otherwise directed by the court. (Related document(s) 18, 20 ) (Rothert, Anthony) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
27

Joint PROPOSED SCHEDULING ORDER by Shondel Church. (Rothert, Anthony) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
28

ORDER entered by Judge Nanette Laughrey. Previously, Defendants Missouri and Governor Eric R. Greitens requested an extension of time in which to file a responsive pleading or otherwise move in response to Plaintiffs' Complaint. [Doc. 5 ]. Plaintiffs consented to this extension. Defendants Missouri and Greitens then moved to dismiss Plaintiffs' complaint under Rule 12(b)(1) and Rule 12(b)(6) in separate motions, [Docs. 16 and 18 ], as the supporting suggestions for these motions combined would exceed the page limitation in Local Rule 7.0(d)(1). Although Defendants Missouri and Greitens offer to consent to the second week of Plaintiffs' requested extension if Plaintiffs agree to a stay on discovery pending resolution of these motions, Local Rule 26.1(b) states that "Unless the Court orders otherwise, the filing of any motionincluding a motion to dismiss, a discovery motion, or a motion for summary judgmentdoes not stay the action or excuse the parties from complying with any discovery rule or scheduling order." Therefore, Plaintiffs' Motion for Extension of Time, [Doc. 26 ], is granted. Plaintiffs' response to Defendants' Motions to Dismiss due 5/19/2017. This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
29

ORDER granting 22 motion to appear pro hac vice entered by Clerk of Court. Attorney Evan Rose for Viola Bowman,Evan Rose for Shondel Church,Evan Rose for Randall Lee Dalton,Evan Rose for Brian Richman,Evan Rose for Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
30

MOTION to join filed by non-parties.Suggestions in opposition/response due by 5/9/2017 unless otherwise directed by the court. Reply Suggestions due w/in 7 days from date response is filed. (Attachments: # 1 Exhibit A-J, # 2 Notice of Exhibit Attachment, # 3 Envelope)Copy of Exhibit K mailed to counsel Rothert, Sauer and Shipman.(James, Carrie) (Entered: 05/02/2017)

1 Exhibit A-J

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2 Notice of Exhibit Attachment

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3 Envelope

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May 1, 2017

May 1, 2017

PACER
31

ORDER. A Telephone Conference is set for 5/11/2017 at 10:00 AM CST regarding scheduling. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 5/8/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
32

MOTION for extension of time to file response/reply as to 30 MOTION to join filed by Anthony E. Rothert on behalf of Viola Bowman, Randall Lee Dalton, Brian Richman, Dorian Samuels. Suggestions in opposition/response due by 5/23/2017 unless otherwise directed by the court. (Related document(s) 30 ) (Rothert, Anthony) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
33

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for extension of time, [Doc. 32 ], is granted. All Parties' responses, if any, to Motion to Join, [Doc. 32 ], due 5/16/2017. This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
34

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 5/11/2017 regarding the Joint Proposed Scheduling Order, [Doc. 27 ]. The Court ordered discovery to close 12/15/2017 and dispositive motions will be due by 1/20/2018. The Court will enter a Scheduling Order setting all other deadlines based on the deadlines set today. Appearances: Plaintiff by Anthony Rothert, Jessie Steffan, Aaron Scherzer, Amy Breihan and Mae Quinn. Defendants by Dean Sauer and Jacqueline Shipma. Courtroom Deputy: Renea Matthes Mitra. Court Reporter: None. (Text entry only.) (Matthes Mitra, Renea) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
35

SCHEDULING ORDER: Discovery due by 12/15/2017. Dispositive Motions due by 1/20/2018. Pretrial Conference set for 5/14/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 5/14/2018 09:00 AM in Courtroom 4A, Jefferson City. Signed on 5/11/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 05/11/2017)

1 Memo on PTC

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May 11, 2017

May 11, 2017

PACER
36

RULES OF TRIAL. Signed on 5/11/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
37

NOTICE of appearance by Michael D. Quinlan on behalf of Eric Greitens, State of Missouri (Attorney Michael D. Quinlan added to party Eric Greitens(pty:dft), Attorney Michael D. Quinlan added to party State of Missouri(pty:dft))(Quinlan, Michael) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
38

NOTICE of appearance by Laura E. Elsbury on behalf of Eric Greitens, State of Missouri (Attorney Laura E. Elsbury added to party Eric Greitens(pty:dft), Attorney Laura E. Elsbury added to party State of Missouri(pty:dft))(Elsbury, Laura) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
39

RESPONSE to motion re 30 MOTION to join filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. Reply suggestions due by 5/30/2017 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
40

CERTIFICATE OF SERVICE by All Plaintiffs first request for production to defendants filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Rothert, Anthony) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
41

SUGGESTIONS in opposition re 30 MOTION to join filed by Dean John Sauer on behalf of Defendants Eric Greitens, State of Missouri. Reply suggestions due by 5/30/2017 unless otherwise directed by the court. (Related document(s) 30 ) (Sauer, Dean) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
42

Consent MOTION for leave to file excess pages filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/2/2017 unless otherwise directed by the court. (Attachments: # 1 proposed suggestions in opposition to motions to dismiss, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Rothert, Anthony) (Entered: 05/19/2017)

1 proposed suggestions in opposition to motions to dismiss

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2 Affidavit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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May 19, 2017

May 19, 2017

PACER
43

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Consent Motion to Exceed Page Limits, [Doc. 42 ], is granted. Plaintiffs' suggestions in opposition to Defendants' Motions to Dismiss must not exceed 23 pages, excluding the content required by Rule 7.0(d)(2) and (3). This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
44

SUGGESTIONS in opposition re 18 MOTION to dismiss case Pursuant to Federal Rule of Civil Procedure 12(b)(1), 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. Reply suggestions due by 6/2/2017 unless otherwise directed by the court. (Attachments: # 1 Affidavit declaration of Anthony E. Rothert, # 2 Exhibit Exhibit 1 - City of Slater v. State Brief, # 3 Exhibit Exhibit 2 - Brief Appellee-Respondent - Wyman v MO Dept Mental Health, # 4 Exhibit Exhibit 3 - Complaint and Exhibits - Barrett v. Nixon, # 5 Exhibit Exhibit 4 - Barrett v. Nixon Order, # 6 Exhibit Exhibit 5 - Defendants Renewed Motion to Dismiss - Barrett v. Nixon, # 7 Exhibit Exhibit 6 - Brief for the US - Tucker v. Idaho, # 8 Exhibit Exhibit 7 - Phillips v. CA Order, # 9 Exhibit Exhibit 8 - Church Probation Order)(Related document(s) 18, 20 ) (Rothert, Anthony) (Entered: 05/19/2017)

1 Affidavit declaration of Anthony E. Rothert

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2 Exhibit Exhibit 1 - City of Slater v. State Brief

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3 Exhibit Exhibit 2 - Brief Appellee-Respondent - Wyman v MO Dept Mental Health

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4 Exhibit Exhibit 3 - Complaint and Exhibits - Barrett v. Nixon

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5 Exhibit Exhibit 4 - Barrett v. Nixon Order

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6 Exhibit Exhibit 5 - Defendants Renewed Motion to Dismiss - Barrett v. Nixon

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7 Exhibit Exhibit 6 - Brief for the US - Tucker v. Idaho

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8 Exhibit Exhibit 7 - Phillips v. CA Order

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9 Exhibit Exhibit 8 - Church Probation Order

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May 19, 2017

May 19, 2017

PACER
45

ORDER entered by Judge Nanette Laughrey. Non-Parties' Pro Se Motion for Joinder, [Doc. 30 ], is denied. (Farrington, Elizabeth) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

RECAP
46

MOTION for leave to file excess pages and Exhibit 1 Reply Sugg in Support of Motion to Dismiss filed by Dean John Sauer on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 6/16/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit 1)(Sauer, Dean) (Entered: 06/02/2017)

1 Exhibit Exhibit 1

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June 2, 2017

June 2, 2017

PACER
47

ORDER entered by Judge Nanette Laughrey. State Defendants' Consent Motion for Leave to File Excess Pages, [Doc. 46 ], is granted. Defendants' Reply Suggestions may not exceed 15 pages. This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
48

AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Geiser, Angel) (Entered: 06/06/2017)

1 MAP General Order

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June 6, 2017

June 6, 2017

PACER
49

REPLY SUGGESTIONS to 18 MOTION to dismiss case Pursuant to Federal Rule of Civil Procedure 12(b)(1), 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dean John Sauer on behalf of Defendants Eric Greitens, State of Missouri. (Related document(s) 18, 20 ) (Sauer, Dean) Modified on 6/7/2017 to show reply suggestions deadline satisfied(Geiser, Angel). (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
50

MOTION for extension of time to file response/reply as to 40 Certificate of Service filed by Jacqueline Shipma on behalf of Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson. Suggestions in opposition/response due by 6/22/2017 unless otherwise directed by the court. (Related document(s) 40 ) (Shipma, Jacqueline) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
51

ORDER entered by Judge Nanette Laughrey. Missouri State Public Defender (MSPD) Defendants' Consent Motion for Extension of Time, [Doc. 50 ], is granted. MSPD Defendants' Response to Plaintiffs' First Request for Production due 6/29/2017. This is a TEXT ONLY ENTRY. No document is attached. (Farrington, Elizabeth) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
52

MOTION to certify class filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/22/2017 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
53

SUGGESTIONS in support re 52 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. (Related document(s) 52 ) (Rothert, Anthony) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

RECAP
54

CERTIFICATE OF SERVICE by Eric Greitens, State of Missouri filed by Laura E. Elsbury on behalf of Defendants Eric Greitens, State of Missouri.(Elsbury, Laura) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
55

MOTION for extension of time to file response/reply as to 52 MOTION to certify class filed by Michael D. Quinlan on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 6/30/2017 unless otherwise directed by the court. (Related document(s) 52 ) (Quinlan, Michael) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
56

ORDER entered by Judge Nanette Laughrey. Defendants' Consent Motion for Extension of Time, [Doc. 55 ], is granted. Defendants' suggestions in opposition/response to Plaintiffs' Motion to Certify Class, [Doc. 52 ], due 7/6/2017. This is a TEXT ONLY ENTRY. No document is attached.(Farrington, Elizabeth) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
57

ORDER. Oral argument is set at for 7/5/2017 at 10:00 AM by telephone conference on the pending Motions to Dismiss, Doc. 18 and 20 . The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 6/26/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
58

Motion to allow Jason Williamson to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5342051) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Main Document 58 replaced on 7/10/2017) (Russel, Jeri). (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
59

CERTIFICATE OF SERVICE by Eric Greitens, State of Missouri filed by Laura E. Elsbury on behalf of Defendants Eric Greitens, State of Missouri.(Elsbury, Laura) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
60

CERTIFICATE OF SERVICE by Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson re 40 Certificate of Service of Objections and Responses to Plaintiffs' First Set of Request for Production filed by Jacqueline Shipma on behalf of Defendants Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson. Related document: 40 Certificate of Service filed by Randall Lee Dalton, Viola Bowman, Dorian Samuels, Brian Richman, Shondel Church.(Shipma, Jacqueline) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
61

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 7/5/17. Oral argument presented on Defendants State of Missouri and Governor Greitens' Motions to Dismiss, Docs. 18, 20. The Court will permit the parties to file supplemental briefs by 7/12/17 on the issue of abstention under Burford v. Sun Oil Co., 319 U.S. 315 (1943). Argument presented by Matthew Shahabian for Plaintiffs and Michael Quinlan for the State of MO and Govenor Eric Greitens. Courtroom Deputy: Renea Matthes Mitra. Court Reporter: Katie Wirt. (Text entry only.) To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Matthes Mitra, Renea) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
62

SUGGESTIONS in opposition re 52 MOTION to certify class filed by Laura E. Elsbury on behalf of Defendants Eric Greitens, State of Missouri. Reply suggestions due by 7/20/2017 unless otherwise directed by the court. (Related document(s) 52 ) (Elsbury, Laura) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

RECAP
63

SUGGESTIONS in opposition re 52 MOTION to certify class CORRECTED filed by Laura E. Elsbury on behalf of Defendants Eric Greitens, State of Missouri. Reply suggestions due by 7/21/2017 unless otherwise directed by the court. (Related document(s) 52 ) (Elsbury, Laura) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

RECAP
64

ELECTRONIC TRANSCRIPT of Teleconference held 7/5/2017 before Judge Nanette K. Laughrey. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. Number of pages: 41. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 7/18/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 10/6/2017.(Wirt, Katie) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
65

ORDER granting 58 motion to appear pro hac vice entered by Clerk of Court. Attorney Jason D. Williamson for Viola Bowman,Jason D. Williamson for Shondel Church,Jason D. Williamson for Randall Lee Dalton,Jason D. Williamson for Brian Richman,Jason D. Williamson for Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
66

NOTICE of filing Supplemental Brief Regarding Burford Abstention by Eric Greitens, State of Missouri re 61 Telephone Conference,, (Sauer, Dean) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
67

SUPPLEMENT supplemental brief on the issue of abstention under Burford v. Sun Oil Co., 319 U.S. 315 (1943). (Related document(s) 18 ) (Rothert, Anthony) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
68

REPLY SUGGESTIONS to motion re 52 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels. (Related document(s) 52 ) (Rothert, Anthony) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

RECAP
69

ORDER entered by Judge Nanette Laughrey. Defendants' Motion to Dismiss under Fed. R. Civ. P. 12(b)(1),[Doc. 18 ], is granted as to Plaintiff Church and denied to all other claims. Defendants' Motion to Dismiss under Fed. R. Civ. P. 12(b)(6), [Doc. 20 ], is granted as to Count V against Governor Greitens and denied as to all other claims. (Farrington, Elizabeth) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

RECAP
70

NOTICE OF APPEAL by Eric Greitens, State of Missouri. Filing fee $ 505, receipt number 0866-5406198. (Sauer, Dean) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
71

TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 70 Notice of Appeal. (Geiser, Angel) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
72

USCA Case Number from Eighth Circuit is 17-2857 for 70 Notice of Appeal filed by Eric Greitens, State of Missouri. Briefing schedule entered by the Court of Appeals is attached. Transcript due by 10/3/2017. (Attachments: # 1 Briefing Schedule)(Lock, Tania) (Entered: 08/24/2017)

1 Briefing Schedule

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Aug. 24, 2017

Aug. 24, 2017

PACER
73

Certified and transmitted record on Appeal to US Court of Appeals re 70 Notice of Appeal (Geiser, Angel) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
74

Motion to allow James J. Maune to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5414543) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
75

ORDER granting 74 motion to appear pro hac vice entered by Clerk of Court. Attorney James J Maune for Viola Bowman Shondel Church, Randall Lee Dalton, Brian Richman,and Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
76

MOTION for extension of time filed by Anthony E. Rothert on behalf of Viola Bowman. Suggestions in opposition/response due by 9/15/2017 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
77

ORDER entered by Judge Nanette Laughrey. Defendants' response to Plaintiff's Motion for Extension of Time, [Doc. 76 ], is due on or before 9/11/2017. Signed on 9/7/2017 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Dickinson, Gregory) Modified on 9/8/2017 to correct document number(Geiser, Angel). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
78

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion to Amend Scheduling and Bench Trial Order [Doc. 76 ] is granted. The Court will issue an amended Scheduling and Bench Trial order. Signed on 9/14/2017 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached.(Dickinson, Gregory) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
79

AMENDED SCHEDULING ORDER: Discovery due by 12/22/2017. Dispositive Motions due by 1/19/2018. Pretrial Conference set for 5/14/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 5/14/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 9/14/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 09/14/2017)

1 Memo on PTC

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Sept. 14, 2017

Sept. 14, 2017

PACER
80

NOTICE to take deposition of Missouri Public Defender's Office filed by Anthony E. Rothert on behalf of Plaintiff Viola Bowman.(Rothert, Anthony) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
81

NOTICE of appearance by Steven Alan Ramsey on behalf of Eric Greitens, State of Missouri (Attorney Steven Alan Ramsey added to party Eric Greitens(pty:dft), Attorney Steven Alan Ramsey added to party State of Missouri(pty:dft))(Ramsey, Steven) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
82

Amended NOTICE to take deposition of Missouri State Public Defender filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
83

PRO SE Request for copies of all proceedings after filing of Doc. 32 and Doc. 41 . filed by non-party Jim Harris, Jr. (Attachments: # 1 Exhibit, # 2 Envelope)(Geiser, Angel) Modified on 10/3/2017 to correct docket entry title.(Matthes Mitra, Renea). (Entered: 09/29/2017)

1 Exhibit

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2 Envelope

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Sept. 29, 2017

Sept. 29, 2017

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/29/17 as Document No. 83, Pro Se Motion. Document 83 is title Motion for Disclosure/ Update on Pending Case, however, the document is requesting "a copy of all proceedings after filing of Doc. 32 and Doc. 41. Mr. Harris, Jr. states he did not previously receive the documents. The Court mailed to Jim Harris, Jr. #45474, at SECC 300 East Pedro Simmons Drive, Charleston, MO 63834, Documents 32, 39, 41, and 45 on 10/3/17. The motion, Doc. 83 is terminated. This is a text entry only - no document is attached. (Matthes Mitra, Renea)

Oct. 3, 2017

Oct. 3, 2017

PACER

Notice of docket modification

Oct. 3, 2017

Oct. 3, 2017

PACER
84

NOTICE of appearance by Justin Moore on behalf of State of Missouri (Attorney Justin Moore added to party State of Missouri(pty:dft))(Moore, Justin) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
85

NOTICE of appearance by Justin Moore on behalf of Eric Greitens (Attorney Justin Moore added to party Eric Greitens(pty:dft))(Moore, Justin) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
86

SECOND AMENDED SCHEDULING ORDER: Discovery due by 12/22/2017. Dispositive Motions due by 1/19/2018. Pretrial Conference set for 5/29/2018 AT 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 5/29/2018 AT 09:00 AM in Courtroom 4A, Jefferson City. Signed on 10/11/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 10/11/2017)

1 Memo on PTC

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Oct. 11, 2017

Oct. 11, 2017

PACER
87

CERTIFICATE OF SERVICE by All Plaintiffs disclosure and expert report of Robert C. Boruchowitz filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
88

CERTIFICATE OF SERVICE by All Plaintiffs disclosure and expert report of Rodney J. Uphoff filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
89

CERTIFICATE OF SERVICE by All Plaintiffs disclosure and expert report of Stephen Gillers filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
90

CERTIFICATE OF SERVICE by Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson re 40 Certificate of Service of MSPD Defendants' Supplemental Response to Plaintiff's First Request for Production of Documents filed by Jacqueline Shipma on behalf of Defendants Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson. Related document: 40 Certificate of Service filed by Randall Lee Dalton, Viola Bowman, Dorian Samuels, Brian Richman, Shondel Church.(Shipma, Jacqueline) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
91

MOTION for leave to file Answer Out of Time by Consent filed by Justin Moore on behalf of Eric Greitens, State of Missouri. Suggestions in opposition/response due by 11/15/2017 unless otherwise directed by the court. (Moore, Justin) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
92

ORDER entered by Judge Nanette Laughrey. Defendants' Motion for Leave to File Answer out of Time by Consent, [Doc. 91 ], is granted. Defendants' Answer to Plaintiffs' Complaint is due on or before 11/9/2017. Signed on 11/3/2017 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached.(Dickinson, Gregory) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
93

CERTIFICATE OF SERVICE by All Plaintiffs First Set of Interrogatories filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
94

State Defendants' ANSWER to Complaint on behalf of Eric Greitens, State of Missouri.(Elsbury, Laura) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
95

CERTIFICATE OF SERVICE by Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson re 40 Certificate of Service of MSPD Defendants' Second Supplemental Responses to Plaintiff's First Request for Production of Documents filed by Jacqueline Shipma on behalf of Defendants Michael Barrett, H. Riley Bock, Craig Chval, A. Crista Hogan, Charles R Jackson. Related document: 40 Certificate of Service filed by Randall Lee Dalton, Viola Bowman, Dorian Samuels, Brian Richman, Shondel Church.(Shipma, Jacqueline) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
96

Motion to allow Camille Rosca to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5524382) filed by Anthony E. Rothert on behalf of Viola Bowman, Randall Lee Dalton, Brian Richman. (Rothert, Anthony) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
97

ORDER granting 96 motion to appear pro hac vice entered by Clerk of Court. Attorney Camille Joanne Rosca for Viola Bowman,Camille Joanne Rosca for Shondel Church,Camille Joanne Rosca for Randall Lee Dalton,Camille Joanne Rosca for Brian Richman,Camille Joanne Rosca for Dorian Samuels allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
98

CERTIFICATE OF SERVICE by All Plaintiffs Second Set of Interrogatories filed by Jason D. Williamson on behalf of Plaintiffs Viola Bowman, Shondel Church, Randall Lee Dalton, Brian Richman, Dorian Samuels.(Williamson, Jason) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Indigent Defense

Key Dates

Filing Date: April 7, 2017

Closing Date: June 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All indigent adults and juveniles who are charged with any offense that carries the potential for incarceration as a penalty and who are eligible to be represented by the Missouri State Public Defender.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

MacArthur Justice Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Missouri, State

Governor of Missouri, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Funding

Quality of representation

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload