|
30
|
MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/29/2012. For the reasons set forth, IT IS HEREBY ORDERED that SCB Defendants' motion to dismiss (DN 6 ) and County Defendants' motion for summary judgment (DN 7 ) a re GRANTED as to the 42 U.S.C. 1983 claim. The State law claims are DISMISSED without prejudice. Plaintiffs' motion for leave to file surreply (DN 18 ) is GRANTED and was taken into consideration in the Court's decision. Plaintiffs' motion for leave to file an amended class action complaint (DN 21 ) is DENIED. Plaintiffs' motion for leave to file supplemental response to motions to dismiss and for summary judgment (DN 22 ) is DENIED AS MOOT. cc: Counsel (CDF)
|
May 30, 2012
|
May 30, 2012
RECAP
|
|
1
|
CLASS ACTION COMPLAINT filed by Stuart Cole and Loren Patterson, individually and on behalf of all others similarly situated against Warren County, Kentucky; Mike Buchanon; Jackie T. Strode; Jeff Robbins; Pat Watt; Misse Cooper−Edmonds; Gayle Eston; South Central Bank of Bowling Green, Inc.; Ellen Lee Bale; and Tommy Ross. Filing fee $350, receipt number 0644−1339850. (Attachments: # 1 Cover Sheet, # 2 Tendered Summonses) (TJD) (Entered: 12/12/2011)
|
Dec. 12, 2011
|
Dec. 12, 2011
|
|
3
|
Summonses Issued as to Warren County, Kentucky; Mike Buchanon; Jackie T. Strode; Jeff Robbins; Pat Watt; Misse Cooper−Edmonds; Gayle Eston; South Central Bank of Bowling Green, Inc.; Ellen Lee Bale; and Tommy Ross. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (TJD) (Entered: 12/12/2011)
|
Dec. 12, 2011
|
Dec. 12, 2011
|
|
4
|
ORDER by Chief Judge Joseph H. McKinley, Jr. (EBOC) on 12/12/2011; Referring Case to Magistrate Judge E. Robert Goebel pursuant to 28:636(b)(1)(A) for disposition of all non−dispositive motions. cc: Counsel, ERG, PH, KL (TJD) (Entered: 12/12/2011)
|
Dec. 12, 2011
|
Dec. 12, 2011
|
|
5
|
ANSWER to 1 Complaint, by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Blankenship, Stacey) (Entered: 12/29/2011)
|
Dec. 29, 2011
|
Dec. 29, 2011
|
|
6
|
MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS by Defendants Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc. Responses due by 2/13/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Ordinance Authorizing and Directing Prisoner Fee and Expense Reimbursement, # 3 Exhibit B − Warren Fiscal Court Minutes, # 4 Exhibit C − Warren County Jail − Inmate Rights & Rules and Services Offered to Inmates, # 5 Proposed Order) (Lewis, Benjamin) (Entered: 01/20/2012)
|
Jan. 20, 2012
|
Jan. 20, 2012
|
|
7
|
MOTION for Summary Judgment by Defendants Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt Responses due by 2/13/2012 (Attachments: # 1 Memorandum in Support of County Motion for Summary Judgment, # 2 Exhibit A − Ordinance, # 3 Exhibit B − Inmate Rights & Rules, # 4 Exhibit C − Cole's Jail account, # 5 Exhibit D − Cole's account history, # 6 Exhibit E − Cole's booking sheets, # 7 Exhibit F − Cole's property receipt, # 8 Exhibit G − Inmate rights signed by Cole, # 9 Exhibit H − Patterson's booking sheet, # 10 Exhibit I − Patterson's account history, # 11 Exhibit J − bank notice, # 12 Exhibit K − Inmate rights signed by Patterson, # 13 Exhibit L − Patterson's property receipt, # 14 Proposed Order to Motion for Summary Judgment) (Blankenship, Stacey) (Entered: 01/20/2012)
|
Jan. 20, 2012
|
Jan. 20, 2012
|
|
8
|
Proposed Agreed Order/Stipulation for Extension of Time for Plaintiffs to Respond to Motions by Ellen Lee Bale, Mike Buchanon, Stuart Cole, Misse Cooper−Edmonds, Gayle Eston, Loren Patterson, Jeff Robbins, Tommy Ross, South Central Bank of Bowling Green, Inc., Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Belzley, Gregory) (Entered: 01/23/2012)
|
Jan. 23, 2012
|
Jan. 23, 2012
|
|
9
|
ORDER by Magistrate Judge E. Robert Goebel on 1/27/2012; By agreement of parties, IT IS ORDERED that the plaintiff shall have to and including 2/20/2012 to respond to Defendants' dispositive motion. cc:counsel (PHB) (Entered: 01/30/2012)
|
Jan. 30, 2012
|
Jan. 30, 2012
|
|
10
|
RESPONSE to Motion re 6 MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS filed by Stuart Cole, Loren Patterson. Replies due by 3/8/2012. (Attachments: # 1 Exhibit Original SB 332, # 2 Exhibit SB 332 legislative history, # 3 Exhibit Floor amendment 1, # 4 Exhibit Floor amendment 2, # 5 Exhibit Inmates' rights, # 6 Exhibit Fiscal Court ordinance, # 7 Proposed Order) (Belzley, Gregory) (Entered: 02/20/2012)
|
Feb. 20, 2012
|
Feb. 20, 2012
|
|
11
|
RESPONSE to Motion re 7 MOTION for Summary Judgment by County Defendants filed by Stuart Cole, Loren Patterson. Replies due by 3/8/2012. (Attachments: # 1 Exhibit Original SB 332, # 2 Exhibit SB 332 legislative history, # 3 Exhibit Floor amendment 1, # 4 Exhibit Floor amendment 2, # 5 Exhibit Inmates' rights, # 6 Exhibit Fiscal Court ordinance, # 7 Proposed Order) (Belzley, Gregory) Modified attachment description on 2/21/2012 (CDF). (Entered: 02/20/2012)
|
Feb. 20, 2012
|
Feb. 20, 2012
|
|
12
|
MOTION for Leave to File Excess Pages Motion to File Reply to Response to Motion for Summary Judgment that Exceeds 15 Page Limitation by Defendants Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt Responses due by 3/29/2012 (Attachments: # 1 Proposed Order Granting Motion to File Reply that Exceeds 15 page limit, # 2 Reply Davis, # 4 Exhibit B − Warren County Fiscal Court, # 5 Exhibit C − Affidavit Pat Watt, # 6 Exhibit D − Inmate Account Transactions, # 7 Exhibit E − Plaintiff's Court Net Criminal History) (Blankenship, Stacey) (Entered: 03/05/2012)
|
March 5, 2012
|
March 5, 2012
|
|
13
|
Proposed Agreed Order/Stipulation Allowing Until March 19, 2012 for SCB Defendants to File Reply by Stuart Cole, Loren Patterson, South Central Bank of Bowling Green, Inc., Ellen Lee Bale, and Tommy Ross. (Lewis, Benjamin) Modified to add filers on 3/7/2012 (CDF). (Entered: 03/06/2012)
|
March 6, 2012
|
March 6, 2012
|
|
14
|
AGREED ORDER by Chief Judge Joseph H. McKinley, Jr. on 3/7/2012. IT IS HEREBY ORDERED that the SCB Defendants shall have to and including 3/19/2012 by which to file a Reply in Support of their Motion to Dismiss 6 . cc: Counsel (CDF) (Entered: 03/07/2012)
|
March 7, 2012
|
March 7, 2012
|
|
15
|
ORDER GRANTING MOTION TO FILE REPLY THAT EXCEEDS THE 15−PAGE LIMIT granting 12 Motion for Leave to File Excess Pages. Signed by Chief Judge Joseph H. McKinley, Jr on 3/8/2012. cc: Counsel (CDF) (Entered: 03/08/2012)
|
March 8, 2012
|
March 8, 2012
|
|
16
|
REPLY to Response to Motion re 7 MOTION for Summary Judgment filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Attachments: # 1 Exhibit A − Affidavit of Tammy Davis, # 2 Exhibit B − Warren County Fiscal Court, # 3 Exhibit C − Affidavit of Pat Watt, # 4 Exhibit D − Inmate Account Transactions, # 5 Exhibit E − Plaintiff's Court Net Criminal History) (CDF) (Entered: 03/08/2012)
|
March 8, 2012
|
March 8, 2012
|
|
17
|
REPLY to Response to Motion re 6 MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS filed by Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc.. (Riddle, Mark) Modified event text on 3/20/2012 (CDF). (Entered: 03/19/2012)
|
March 19, 2012
|
March 19, 2012
|
|
18
|
MOTION for Leave to File Surreply by Plaintiffs Stuart Cole, Loren Patterson Responses due by 4/22/2012 (Attachments: # 1 Exhibit Plaintiffs' Surreply, # 2 Proposed Order) (Belzley, Gregory) (Entered: 03/29/2012)
|
March 29, 2012
|
March 29, 2012
|
|
19
|
RESPONSE to Motion re 18 MOTION for Leave to File Surreply filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. Replies due by 4/21/2012. (Attachments: # 1 Proposed Order to Response to Motion for Leave to File Sur−Reply) (Blankenship, Stacey) (Entered: 04/04/2012)
|
April 4, 2012
|
April 4, 2012
|
|
20
|
RESPONSE to Motion Plaintiff's Motion for Leave to File a Surreply and Proposed Order filed by South Central Bank of Bowling Green, Inc.. Replies due by 4/26/2012. (Lewis, Benjamin) (Additional attachment(s) added on 4/10/2012: # 1 Proposed Order) (JBM). (Entered: 04/09/2012)
|
April 9, 2012
|
April 9, 2012
|
|
21
|
MOTION for Leave to File First Amended Class Action Complaint by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/9/2012 (Attachments: # 1 Exhibit Amended Complaint, # 2 Proposed Order) (Belzley, Gregory) (Entered: 04/15/2012)
|
April 15, 2012
|
April 15, 2012
|
|
22
|
MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/10/2012 (Attachments: # 1 Exhibit Proposed First Amended Class Action Complaint, # 2 Exhibit Jones case file, # 3 Proposed Order) (Belzley, Gregory) (Attachment 2 replaced on 5/31/2012) (CDF). (Entered: 04/16/2012)
|
April 16, 2012
|
April 16, 2012
|
|
23
|
MOTION to Strike and Substitute 22 MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment . Document or Part to be Stricken and/or Substituted: Exhibit 2by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/7/2012 (Attachments: # 1 Exhibit Redacted Jones file, # 2 Proposed Order) (Belzley, Gregory) (Entered: 04/19/2012)
|
April 19, 2012
|
April 19, 2012
|
|
24
|
RESPONSE to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint Response and Objection to Plaintiffs' Motion for Leave to File First Amended Class Action Complaint filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. Replies due by 5/6/2012. (Attachments: # 1 Proposed Order Deny Plaintiffs' 1st Amended Class) (Blankenship, Stacey) (Entered: 04/19/2012)
|
April 19, 2012
|
April 19, 2012
|
|
26
|
REPLY to Response to Motion re 22 MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment filed by Stuart Cole, Loren Patterson. (Belzley, Gregory) (Entered: 04/20/2012)
|
April 20, 2012
|
April 20, 2012
|
|
27
|
REPLY to Response to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Stuart Cole, Loren Patterson. (Belzley, Gregory) (Entered: 04/20/2012)
|
April 20, 2012
|
April 20, 2012
|
|
28
|
RESPONSE to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc.. Replies due by 5/13/2012. (Attachments: # 1 Proposed Order to Motion for Leave to File An Amended Complaint) (Lewis, Benjamin) (Entered: 04/26/2012)
|
April 26, 2012
|
April 26, 2012
|
|
29
|
REPLY to Response to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Stuart Cole, Loren Patterson. (Attachments: # 1 Exhibit Bridge v. Ocwen Federal Bank, # 2 Exhibit Gamby v. Equifax Information Systems) (Belzley, Gregory) (Entered: 05/10/2012)
|
May 10, 2012
|
May 10, 2012
|
|
|
Pursuant to GO 12−04, Magistrate Judge H. Brent Brennenstuhl added. Magistrate Judge E. Robert Goebel no longer assigned to case. (TJD) (Entered: 05/11/2012)
|
May 11, 2012
|
May 11, 2012
|
|
31
|
JUDGMENT by Chief Judge Joseph H. McKinley, Jr. IT IS HEREBY ORDERED that judgment be entered in favor of the Defendants consistent with the Court's Memorandum Opinion and Order (DN 30 ) and the Plaintiffs' 42 U.S.C. 1983 claim be dismissed with prejudice. Plaintiffs' State law claims are DISMISSED without prejudice. cc: Counsel (CDF) (Entered: 05/30/2012)
|
May 30, 2012
|
May 30, 2012
|
|
32
|
PLAINTIFFS' SURREPLY re 6 MOTION to Dismiss, and 7 MOTION for Summary Judgment, filed by Stuart Cole, Loren Patterson. (CDF) (Entered: 05/30/2012)
|
May 30, 2012
|
May 30, 2012
|
|
33
|
ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/30/2012 granting 23 Motion to Strike and substitute. ORDERED that the original Exhibit 2 to Plaintiffs' motion for leave of Court to supplement response to Defendants' motions to dismiss and for summary judgment is hereby STRICKEN, and the document attached as Exhibit 1 to Plaintiffs' motion to strike shall be substituted in its place. cc: Counsel (CDF) (Entered: 05/31/2012)
|
May 31, 2012
|
May 31, 2012
|