1
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COMPLAINT against defendant St. Louis County with receipt number AMOEDC-7259440, in the amount of $400 Jury Demand,, filed by Robert A Fernandez. (Attachments: # 1 Attachment Exhibit List, # 2 Exhibit Ex.1.Website version of County Code Chapter 804, # 3 Exhibit Ex.2.Certified copy of Ordinance No. 6201, # 4 Exhibit Ex.3.Certified copy of Ordinannce No. 13091, # 5 Exhibit Ex.4.Certified Copy of Ordinannce No. 14,722, # 6 Exhibit Ex..Certified copy of Ordinannce No. 21,507, # 7 Exhibit Certified copy of Ordinance No. 20,361, # 8 Exhibit Certified copy of Ordinance No. 21,028, # 9 Exhibit Ex.8.Certified copy of Ordinance No. 21,613, # 10 Exhibit Ex.9.Certified copy of Ordinance No. 21,834, # 11 Exhibit Ex.10.Certified copy of Ordinance No. 22,767, # 12 Exhibit Ex.11.Certified copy of Ordinance No. 23,112, # 13 Exhibit Ex.12.Certified copy of Ordinance No. 23,268, # 14 Exhibit Ex.13.Certified copy of Ordinance No. 23,731, # 15 Exhibit Ex.14.Certified copy of Ordinance No. 24,089, # 16 Exhibit Ex.15.Certified copy of Ordinance No. 24,769, # 17 Exhibit Ex.16.Certified copy of Ordinance No.25,013, # 18 Exhibit Ex.17.Certified copy of Ordinance No. 25,277, # 19 Exhibit Ex.18.Certified copy of Ordinance No. 25,559, # 20 Exhibit Ex.19.Certified copy of Ordinance No. 27,173, # 21 Exhibit Ex.20.County website, Peddler,Commercial Solicitor, Street Vendor License Requirement, # 22 Exhibit Ex.21.County Police website, Background Checks, # 23 Exhibit Ex.22.Appl. for Peddler,Commercial Solicitor, # 24 Exhibit Ex.23.Website for County Code Sections 1201,1202,1209,1215, # 25 Exhibit Ex.24.Certified copy of Ordinance No. 12347, # 26 Exhibit Ex.25.Certified copy of Ordinance No. 26,424, # 27 Exhibit Ex.26.Website for County Code Chapter 716, # 28 Exhibit Ex.27.Certified copy of Ordinance No. 3729, # 29 Exhibit Ex.28.Solicitor License no. 3371 and 3483, # 30 Exhibit Ex.29.Record of thirty-nine citations in St. Louis County, # 31 Exhibit Ex.30.Email from Asst. County Counselor Alper, # 32 Exhibit Ex.31.Nolle prosequi memorandum dated May 9, 2019, # 33 Exhibit Ex.32.Photograph A, # 34 Exhibit Ex.33.Photograph B, # 35 Exhibit Ex.34.Photograph C, # 36 Exhibit Ex.35.Google Map of exit ramp, 55 with S. Lindbergh, # 37 Exhibit Ex.36.Same Google Map, zoomed in, # 38 Exhibit Ex.37.Affidavit of Plaintiff Robert Fernandez)(Schock, W.) Clerk's note: Attachment 30 sealed pursuant to Local Rule 2.17 because it contains personal identifiers. (Entered: 06/05/2019)
1 Attachment Exhibit List
View on PACER
2 Exhibit Ex.1.Website version of County Code Chapter 804
View on PACER
3 Exhibit Ex.2.Certified copy of Ordinance No. 6201
View on PACER
4 Exhibit Ex.3.Certified copy of Ordinannce No. 13091
View on PACER
5 Exhibit Ex.4.Certified Copy of Ordinannce No. 14,722
View on PACER
6 Exhibit Ex..Certified copy of Ordinannce No. 21,507
View on PACER
7 Exhibit Certified copy of Ordinance No. 20,361
View on PACER
8 Exhibit Certified copy of Ordinance No. 21,028
View on PACER
9 Exhibit Ex.8.Certified copy of Ordinance No. 21,613
View on PACER
10 Exhibit Ex.9.Certified copy of Ordinance No. 21,834
View on PACER
11 Exhibit Ex.10.Certified copy of Ordinance No. 22,767
View on PACER
12 Exhibit Ex.11.Certified copy of Ordinance No. 23,112
View on PACER
13 Exhibit Ex.12.Certified copy of Ordinance No. 23,268
View on PACER
14 Exhibit Ex.13.Certified copy of Ordinance No. 23,731
View on PACER
15 Exhibit Ex.14.Certified copy of Ordinance No. 24,089
View on PACER
16 Exhibit Ex.15.Certified copy of Ordinance No. 24,769
View on PACER
17 Exhibit Ex.16.Certified copy of Ordinance No.25,013
View on PACER
18 Exhibit Ex.17.Certified copy of Ordinance No. 25,277
View on PACER
19 Exhibit Ex.18.Certified copy of Ordinance No. 25,559
View on PACER
20 Exhibit Ex.19.Certified copy of Ordinance No. 27,173
View on PACER
21 Exhibit Ex.20.County website, Peddler,Commercial Solicitor, Street Vendor Licens
View on PACER
22 Exhibit Ex.21.County Police website, Background Checks
View on PACER
23 Exhibit Ex.22.Appl. for Peddler,Commercial Solicitor
View on PACER
24 Exhibit Ex.23.Website for County Code Sections 1201,1202,1209,1215
View on PACER
25 Exhibit Ex.24.Certified copy of Ordinance No. 12347
View on PACER
26 Exhibit Ex.25.Certified copy of Ordinance No. 26,424
View on PACER
27 Exhibit Ex.26.Website for County Code Chapter 716
View on PACER
28 Exhibit Ex.27.Certified copy of Ordinance No. 3729
View on PACER
29 Exhibit Ex.28.Solicitor License no. 3371 and 3483
View on PACER
31 Exhibit Ex.30.Email from Asst. County Counselor Alper
View on PACER
32 Exhibit Ex.31.Nolle prosequi memorandum dated May 9, 2019
View on PACER
33 Exhibit Ex.32.Photograph A
View on PACER
34 Exhibit Ex.33.Photograph B
View on PACER
35 Exhibit Ex.34.Photograph C
View on PACER
36 Exhibit Ex.35.Google Map of exit ramp, 55 with S. Lindbergh
View on PACER
37 Exhibit Ex.36.Same Google Map, zoomed in
View on PACER
38 Exhibit Ex.37.Affidavit of Plaintiff Robert Fernandez
View on RECAP
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June 5, 2019
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June 5, 2019
RECAP
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2
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ENTRY of Appearance by Hugh A. Eastwood for Plaintiff Robert A Fernandez. (Eastwood, Hugh) (Entered: 06/05/2019)
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June 5, 2019
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June 5, 2019
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3
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MOTION for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction)(Schock, W.) (Entered: 06/06/2019)
1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary
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June 6, 2019
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June 6, 2019
PACER
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Case Opening Notification
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June 6, 2019
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June 6, 2019
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4
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SUPPLEMENTAL re 1 Complaint,,,,,,,,,, Waiver of Service, Original Filing Form, Civil Cover Sheet by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 06/06/2019)
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June 6, 2019
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June 6, 2019
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Case Opening Notification: Waivers issued 1. Judge Assigned: Honorable Jean C. Hamilton. (JWD)
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June 6, 2019
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June 6, 2019
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5
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WAIVER OF SERVICE Returned Executed filed by Robert A. Fernandez St. Louis County waiver signed on 7/1/2019, answer due 8/30/2019. (Schock, W.) (Entered: 07/08/2019)
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July 8, 2019
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July 8, 2019
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6
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ENTRY of Appearance by Linda Levin for Defendant St. Louis County. (Levin, Linda) (Entered: 07/23/2019)
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July 23, 2019
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July 23, 2019
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7
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ORDER - Due to conflict of interest, this Court hereby recuses itself from this case. This case will be reassigned to another Judge. Signed by District Judge Jean C. Hamilton on 8/22/19. (KJS) (Entered: 08/22/2019)
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Aug. 22, 2019
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Aug. 22, 2019
PACER
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8
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REASSIGNMENT ORDER (GJL). IT IS HEREBY ORDERED that the above styled cause is reassigned to the Honorable Stephen N. Limbaugh, Jr.. District Judge Jean C. Hamilton no longer assigned to case. Case reassigned to District Judge Stephen N. Limbaugh, Jr for all further proceedings. (KJS) (Entered: 08/22/2019)
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Aug. 22, 2019
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Aug. 22, 2019
PACER
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9
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ORDER SETTING RULE 16 CONFERENCE: See prepared Order; Joint Scheduling Plan due by 9/26/2019. Rule 16 Conference set for 10/10/2019 10:30 AM in Telephone before District Judge Stephen N. Limbaugh Jr.; Signed by District Judge Stephen N. Limbaugh, Jr on 08/23/19. (CMH) (Entered: 08/23/2019)
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Aug. 23, 2019
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Aug. 23, 2019
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10
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ANSWER to 1 Complaint,,,,,,,,,, by St. Louis County.(Levin, Linda) (Entered: 08/30/2019)
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Aug. 30, 2019
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Aug. 30, 2019
RECAP
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11
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MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Defendant St. Louis County. (Levin, Linda) (Entered: 08/30/2019)
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Aug. 30, 2019
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Aug. 30, 2019
PACER
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12
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MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Motion for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Exhibit 1 (St. Louis County municipal court docket report for Fernandez (printed 9/03/2019)))(Eastwood, Hugh) (Entered: 09/03/2019)
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Sept. 3, 2019
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Sept. 3, 2019
PACER
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13
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MEMORANDUM in Opposition re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Defendant St. Louis County. (Levin, Linda) (Entered: 09/10/2019)
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Sept. 10, 2019
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Sept. 10, 2019
PACER
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14
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REPLY to Response to Motion re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/11/2019)
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Sept. 11, 2019
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Sept. 11, 2019
PACER
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15
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JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. . (Schock, W.) (Entered: 09/18/2019)
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Sept. 18, 2019
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Sept. 18, 2019
PACER
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16
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ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Conference call held this day with the Court and counsel for all parties participating, the parties are directed to file revised proposed case management order prior to the Rule 16 hearing set October 10, 2019. Telephone Conference held on 9/27/2019. (CMH) (Entered: 09/27/2019)
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Sept. 27, 2019
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Sept. 27, 2019
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Telephone Conference
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Sept. 27, 2019
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Sept. 27, 2019
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17
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JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. First Amended. (Eastwood, Hugh) (Entered: 10/08/2019)
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Oct. 8, 2019
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Oct. 8, 2019
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18
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MEMORANDUM re 16 Telephone Conference, Meet and Confer by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 10/08/2019)
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Oct. 8, 2019
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Oct. 8, 2019
PACER
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19
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ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Rule 16 Conference held on 10/10/2019. Conference held by phone. CMO to issue. (Notice only, no.pdf attached.). (proceedings started: 10:30 A.M.) (proceedings ended: 10:51 A.M.)(Appearance for Plaintiff: Hugh Eastwood and Bevis Shock)(Appearance for Defendant: Linda Levin) (CMH) (Entered: 10/10/2019)
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Oct. 10, 2019
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Oct. 10, 2019
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Rule 16 Conference
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Oct. 10, 2019
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Oct. 10, 2019
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20
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NOTICE Filing of Proposed Order: by Plaintiff Robert A. Fernandez re 1 Complaint,,,,,,,,,, Preliminary Injunction of St. Louis County Vagrancy Ordinance (Attachments: # 1 Text of Proposed Order Proposed ORDER)(Eastwood, Hugh) (Entered: 10/10/2019)
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Oct. 10, 2019
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Oct. 10, 2019
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21
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CASE MANAGEMENT ORDER This case is assigned to Track: 1: Expedited. Motion to Join Parties due by 11/15/2019. Discovery Completion due by 2/3/2020. Non-Dispositive Motions due by 2/10/2020. Dispositive Motions due by 2/10/2020. Bench Trial set for 4/6/2020 01:30 PM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Motion in Limine due by 3/27/2020. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/19. (CMH) (Entered: 10/10/2019)
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Oct. 10, 2019
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Oct. 10, 2019
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22
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PRELIMINARY INJUNCTION re: 3 MOTION for Preliminary Injunction filed by Plaintiff Robert A. Fernandez. IT IS HEREBY ORDERED that St. Louis County, Missouri is enjoined from enforcement of its Vagrancy Ordinance No. 3729, enacted 10-28-1965, and codified at Sections 716.080 and 716.090 of the St. Louis County Revised Ordinances. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/19. (CMH) (Entered: 10/10/2019)
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Oct. 10, 2019
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Oct. 10, 2019
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23
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MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Exhibit 1 - Rodgers v. Bryant)(Eastwood, Hugh) Modified on 12/29/2020 (MRS). (Entered: 11/12/2019)
1 Exhibit Exhibit 1 - Rodgers v. Bryant
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Nov. 12, 2019
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Nov. 12, 2019
RECAP
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24
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MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Defendant St. Louis County. (Levin, Linda) (Entered: 11/18/2019)
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Nov. 18, 2019
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Nov. 18, 2019
RECAP
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25
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REPLY to Response to Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 11/19/2019)
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Nov. 19, 2019
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Nov. 19, 2019
PACER
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26
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NOTICE by Plaintiff Robert A. Fernandez Plaintiffs Memorandum re: Dismissal of Underlying Criminal Cases (Attachments: # 1 Exhibit Exhibit 1 - Order)(Eastwood, Hugh) (Entered: 12/27/2019)
1 Exhibit Exhibit 1 - Order
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Dec. 27, 2019
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Dec. 27, 2019
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27
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MOTION for Leave to file Additional Memorandum by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 01/22/2020)
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Jan. 22, 2020
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Jan. 22, 2020
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28
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MEMORANDUM in Support of Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit St. Louis County Memorandum of 10/29/19)(Schock, W.) (Entered: 01/22/2020)
1 Exhibit St. Louis County Memorandum of 10/29/19
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Jan. 22, 2020
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Jan. 22, 2020
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29
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Docket Text ORDER: Re: 27 MOTION for Leave to file Additional Memorandum by Plaintiff Robert A. Fernandez. (Schock, W.) filed by Robert A. Fernandez; ORDERED GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 01/23/20. (CMH) (Entered: 01/23/2020)
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Jan. 23, 2020
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Jan. 23, 2020
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A Docket Text Order
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Jan. 23, 2020
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Jan. 23, 2020
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30
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ENTRY of Appearance by Robert C. Moore for Defendant St. Louis County. (Moore, Robert) (Entered: 01/28/2020)
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Jan. 28, 2020
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Jan. 28, 2020
PACER
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31
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MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Defendant St. Louis County. (Levin, Linda) (Entered: 01/29/2020)
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Jan. 29, 2020
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Jan. 29, 2020
PACER
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32
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REPLY to Response to Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 02/03/2020)
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Feb. 3, 2020
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Feb. 3, 2020
RECAP
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33
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MOTION for Judgment on the Pleadings by Defendant St. Louis County. (Levin, Linda) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
RECAP
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34
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MEMORANDUM in Support of Motion re 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. (Attachments: # 1 Exhibit Affidavit of Jericka Johnson)(Levin, Linda) (Entered: 02/10/2020)
1 Exhibit Affidavit of Jericka Johnson
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Feb. 10, 2020
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Feb. 10, 2020
RECAP
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35
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MEMORANDUM in Opposition re 33 MOTION for Judgment on the Pleadings filed by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)
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Feb. 21, 2020
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Feb. 21, 2020
PACER
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36
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MOTION to Exclude Affidavit of Jericka Johnson by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)
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Feb. 21, 2020
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Feb. 21, 2020
PACER
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37
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ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Telephone Conference held on 3/3/2020. (proceedings started: 11:16 A.M.) (proceedings ended: 11:28 A.M.) (Appearance for Plaintiff: Hugh Eastwood and W. Beavis Shock) (Appearance for Defendant: Linda Levin and Robert Moore) (CMH) (Entered: 03/03/2020)
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March 3, 2020
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March 3, 2020
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Telephone Conference
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March 3, 2020
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March 3, 2020
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A Docket Text Order with Schedules
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March 3, 2020
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March 3, 2020
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38
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Docket Text ORDER: On the Court's own motion case continued for Bench Trial on Monday, June 15th and Tuesday, June 16th at 10:00 a.m in Courtroom 3N. Bench Trial set for 6/15/2020 10:00 AM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Signed by District Judge Stephen N. Limbaugh, Jr on 03/03/20. (CMH) (Entered: 03/03/2020)
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March 3, 2020
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March 3, 2020
PACER
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39
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REPLY to Response to Motion re 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. (Levin, Linda) (Entered: 03/03/2020)
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March 3, 2020
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March 3, 2020
PACER
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40
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Docket Text ORDER: Re: 3 MOTION for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction)(Schock, W.) filed by Robert A. Fernandez; ORDERED DENIED as moot in view of the renewed motion for preliminary injunction Doc. #23. Signed by District Judge Stephen N. Limbaugh, Jr on 03/09/2020. (CMH) (Entered: 03/09/2020)
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March 9, 2020
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March 9, 2020
PACER
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A Docket Text Order
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March 9, 2020
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March 9, 2020
PACER
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41
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Docket Text ORDER: Status Conference set for 5/28/2020 10:30 AM in Telephone Conference in Chambers before District Judge Stephen N. Limbaugh Jr.. Signed by District Judge Stephen N. Limbaugh, Jr on 05/18/20. (CMH) (Entered: 05/18/2020)
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May 18, 2020
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May 18, 2020
PACER
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A Docket Text Order with Schedules
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May 18, 2020
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May 18, 2020
PACER
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42
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MEMORANDUM AND ORDER re: 36 MOTION to Exclude Affidavit of Jericka Johnson filed by Plaintiff Robert A. Fernandez, 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. IT IS HEREBY ORDERED that plaintiff's motion to exclude the affidavit of Jericka Johnson (ECF #36) is GRANTED. IT IS FURTHER ORDERED that defendant St. Louis County's motion for judgment on the pleadings (#33) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr. on 5/18/20. (CSG) (Entered: 05/18/2020)
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May 18, 2020
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May 18, 2020
RECAP
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43
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ENTRY of Appearance by Steven J Capizzi for Defendant St. Louis County. (Capizzi, Steven) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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44
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Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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45
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Exhibit List by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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46
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Deposition Designations by Plaintiff Robert A. Fernandez.. (Schock, W.) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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47
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WITNESS LIST by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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48
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WITNESS LIST by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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49
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Exhibit List by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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50
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Deposition Designations by Defendant St. Louis County.. (Moore, Robert) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Status Conference held on 5/28/2020. (proceedings started: 10:31 A.M.) (proceedings ended: 10:47 A.M.)(Appearance for Plaintiff: Hugh Eastwood & Bevis Shock)(Appearance for Defendant: Linda Levin, Robert Moore & Steven Capizzi) (CMH)
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May 28, 2020
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May 28, 2020
PACER
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51
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SCHEDULING ORDER: IT IS HEREBY ORDERED that this case be reset for Bench Trial on Thursday, September 10, 2020 at 10:30 a.m. in Courtroom 3N of the Thomas F. Eagleton United States Courthouse. Bench Trial set for 9/10/2020 10:30 AM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Signed by District Judge Stephen N. Limbaugh, Jr on 05/28/20. (CMH) (Entered: 05/28/2020)
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May 28, 2020
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May 28, 2020
PACER
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Status Conference
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May 28, 2020
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May 28, 2020
PACER
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52
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Docket Text ORDER: Status Conference set for 8/21/2020 10:15 AM in Telephone Conference in Chambers before District Judge Stephen N. Limbaugh Jr.. Signed by District Judge Stephen N. Limbaugh, Jr on 08/19/20. (CMH) (Entered: 08/19/2020)
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Aug. 19, 2020
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Aug. 19, 2020
PACER
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53
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TRIAL BRIEF by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 08/19/2020)
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Aug. 19, 2020
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Aug. 19, 2020
PACER
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A Docket Text Order with Schedules
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Aug. 19, 2020
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Aug. 19, 2020
PACER
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54
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ORDER: Conference call held this day with Court and counsel for all parties participating. By agreement of the parties, the case is removed from the trial setting of September 10, 2020, and the case will be submitted by that date on a stipulated record and briefs. Signed by District Judge Stephen N. Limbaugh, Jr on 08/21/20. (CMH) (Entered: 08/21/2020)
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Aug. 21, 2020
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Aug. 21, 2020
PACER
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55
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TRIAL BRIEF of the Solicitor License, Damages, and Attorney's Fees by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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56
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Exhibit List by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Ex. 1.Website version of County Code Chapter 804, # 2 Exhibit Ex.2. Certified Copy of Ordinance No. 6201, # 3 Exhibit Ex.3. Certified copy of Ordinance No. 13091, # 4 Exhibit Ex. 4. Certified copy of Ordinance No. 14,722, # 5 Exhibit Ex.5. Certified copy of Ordinance No. 21,507, # 6 Exhibit Ex.6.Certified copy of Ordinance No. 20,361, # 7 Exhibit Ex.7.Certified copy of Ordinance No. 21,028, # 8 Exhibit Ex.8. Certified copy of Ordinance No. 21,613, # 9 Exhibit Ex.9. Certified copy of Ordinance No. 21,834, # 10 Exhibit Ex.10. Certified copy of Ordinance No. 22,767, # 11 Exhibit Ex.11. Certified copy of Ordinance No. 23,112, # 12 Exhibit Ex.12. Certified copy of Ordinance No. 23,268, # 13 Exhibit Ex.13. Certified copy of Ordinance No. 23,7313, # 14 Exhibit Ex.14. Certified copy of Ordinance No. 24,089, # 15 Exhibit Ex.15. Certified copy of Ordinance No. 24,769, # 16 Exhibit Ex.16. Certified copy of Ordinance No. 25,013, # 17 Exhibit Ex.17. Certified copy of Ordinance No. 25,277, # 18 Exhibit Ex.18. Certified copy of Ordinance No. 25,559, # 19 Exhibit Ex.19. Certified copy of Ordinance No. 27,173, # 20 Exhibit Ex.20. County Website "Peddler/Commercial Solicitor/Street Vendor License Requirement", # 21 Exhibit Ex.21. CountyPolice website "Background Checks:, # 22 Exhibit Ex.22. Application for Peddler/Commercial Solicotor under Chapter 804, # 23 Exhibit Ex.23. Website for County Code Sections, # 24 Exhibit Ex.24.Certified copy of Ordinance No. 12347, # 25 Exhibit Ex.25. Certified copy of Ordinance No. 26,424, # 26 Exhibit Ex.26. Website for County Code Chapter 716, # 27 Exhibit Ex.27. Certified copy of Ordinance No. 3729, # 28 Exhibit Ex.28. Solicitor License No. 3371, # 29 Exhibit Ex.29. Record of 39 citations in St. Louis County, # 30 Exhibit Ex.30. Email from Asst. County Counselor Andi Alper, # 31 Exhibit Ex.31. Nolle Prosequi Memorandum dated May 9, 2019, # 32 Exhibit Ex.32. Photograph A, # 33 Exhibit Ex.33. Photograph B, # 34 Exhibit Ex.34. Photograph C, # 35 Exhibit Ex.35.Google Map of Intersection, # 36 Exhibit Ex.36. Same Google Map zoomed in, # 37 Exhibit Ex.37. Affidavit of Plaintiff, # 38 Exhibit Ex.38. Additional citations, # 39 Exhibit Ex.39. Fernandez motion to dismiss in county municipal court, # 40 Exhibit Ex.40. Order on Motion to dismiss in County, # 41 Exhibit Ex.41. Demonstrative Spreadsheet showing all relevant citations, # 42 Exhibit Ex.42. Demonstrative spreadsheet showing length of seizure, # 43 Exhibit Ex.43. Fernandez medical records, # 44 Exhibit Ex.44. Schock timesheet, # 45 Exhibit Ex.45. Eastwood Timesheet, # 46 Exhibit Ex.46. Schock Affidavit, # 47 Exhibit Ex.47. Pleban Affidavit, # 48 Exhibit Ex.48. Herman Affidavit, # 49 Exhibit Ex.49. Eastwood Affidavit, # 50 Exhibit Ex.50. Fry Affidavit, # 51 Exhibit Ex.51. Hoell Affidavit, # 52 Exhibit Ex.52. Billing Rates Missouri Lawyers Weekly 2019)(Schock, W.) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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57
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Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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58
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TRIAL BRIEF by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
RECAP
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59
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Exhibit List For Trial Brief by Defendant St. Louis County. (Attachments: # 1 Exhibit Exhibit A - Audio Disc, # 2 Exhibit Exhibit B - Report 18-33253, # 3 Exhibit Exhibit C - Report 19-49564, # 4 Exhibit Exhibit D - Plaintiff Deposition, # 5 Exhibit Exhibit E - CAD call log, # 6 Exhibit Exhibit F - Report 19-43909, # 7 Exhibit Exhibit G - Report 19-40240, # 8 Exhibit Exhibit H - Report 18-9201, # 9 Exhibit Exhibit I - Report 17-6310, # 10 Exhibit Exhibit J - Report 19-13856)(Moore, Robert) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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60
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MOTION for Leave to File in Excess of Page Limitation by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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61
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Exhibit List Affidavits for Trial Brief by Defendant St. Louis County. (Attachments: # 1 Affidavit Affidavit - Kriska, # 2 Affidavit Affidavit - Dolly, # 3 Affidavit Affidavit - Schneider)(Moore, Robert) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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62
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MOTION for Leave to Trial Brief of the Solicitor License, Damages, and Attorneys Fees file Excess Pages by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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63
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Docket Text ORDER: Re: 62 MOTION for Leave to Trial Brief of the Solicitor License, Damages, and Attorneys Fees file Excess Pages by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) filed by Robert A. Fernandez ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 9/11/20. (CMH) (Entered: 09/11/2020)
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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64
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Docket Text ORDER: Re: 60 MOTION for Leave to File in Excess of Page Limitation by Defendant St. Louis County. (Moore, Robert) filed by St. Louis County ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 09/11/20. (CMH) (Entered: 09/11/2020)
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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A Docket Text Order
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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65
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Docket Text ORDER: The parties have submitted briefing and stipulated facts, most of which they agree on. However, there is a clear disagreement about the extent of Fernandez's use of the roadway separate and apart from sidewalks, curbs, and/or medians. Fernandez embraces that he may briefly step into the curbside or shoulder of the roadway when the light is red to complete his receipt of a donation. Police contend, by affidavit, that they have seen plaintiff walk into the traffic lanes, including the second lane of traffic, in order to get donations from vehiclesa practice both parties acknowledge can slow traffic and create dangerous situations when the light turns green. This Court notes that the relevant ordinance, Section 1209.090, prohibits persons from stand[ing] in a roadway for the purpose of soliciting[,] which earlier ordinances such as Section 1209.080 distinguish from sidewalks and shoulders. The citation spreadsheet (exhibit 41) does not indicate whether citations were issued for standing in or otherwise obstructing the roadway itself, as opposed to being cited for using the sidewalk, median, or shoulders to solicit. But, given its plain language, Section 1209.090 appears to prohibit conduct separate and apart from that which plaintiff says he was engaged inthat is, soliciting from the safety of a median or sidewalk. This distinction plays greatly into the County's rationale about traffic safety. Indeed, Fernandez expressly acknowledges that he is not asking this Court to extend novel protections to his ability to meander through the travel lanes within the roadway. (emphasis in original). And this Court takes the parties' arguments to mean that Fernandez is not being arbitrarily cited for violation of Section 1209.090 for the brief moment it takes to step away from the sidewalk or median to receive money from a car window. The parties are hereby ordered, within seven (7) days, to provide additional briefing regarding the limited scope of Section 1209.090 (limited to stand[ing] in the roadway) and how this pertains to Fernandez's arguments that his constitutional rights have been violated for having used, instead, the wide sidewalk median area to engage in solicitation. Signed by District Judge Stephen N. Limbaugh, Jr on 09/23/20. (CMH) (Entered: 09/23/2020)
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Sept. 23, 2020
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Sept. 23, 2020
PACER
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A Docket Text Order
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Sept. 23, 2020
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Sept. 23, 2020
PACER
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66
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TRIAL BRIEF Plaintiffs Additional Briefing on Limited Scope of Section 1209.090 by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/30/2020)
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Sept. 30, 2020
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Sept. 30, 2020
PACER
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67
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Exhibit List For Supplemental Trial Brief by Defendant St. Louis County. (Attachments: # 1 Exhibit Police Report 18-60180, # 2 Exhibit Police Report 19-13698, # 3 Exhibit Police Report 20-1918, # 4 Exhibit Police Report 20-2226, # 5 Exhibit Police Report 18-30542, # 6 Exhibit Police Report 19-40534, # 7 Exhibit Police Report 18-23420, # 8 Exhibit Police Report 17-2325, # 9 Exhibit Police Report 46743, # 10 Exhibit Police Report 18-65482, # 11 Exhibit Plaintiff's Deposition, # 12 Exhibit Police Report 19-40240, # 13 Exhibit Police Report 17-6310, # 14 Affidavit Craig Kriska Affidavit)(Moore, Robert) (Entered: 09/30/2020)
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Sept. 30, 2020
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Sept. 30, 2020
PACER
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68
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TRIAL BRIEF Supplemental Trial Brief by Defendant St. Louis County. (Moore, Robert) (Entered: 09/30/2020)
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Sept. 30, 2020
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Sept. 30, 2020
RECAP
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69
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ORDER re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Robert A. Fernandez. Plaintiff's motion for hearing on his preliminary injunction (ECF #12) and motion for preliminary injunction (ECF #23) are DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 10/13/20. (CSG) (Entered: 10/13/2020)
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Oct. 13, 2020
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Oct. 13, 2020
RECAP
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70
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment will be entered in plaintiff Robert Fernandez's favor on Counts I, II, III, and V of plaintiff's complaint [Doc. #1]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment will be entered in defendant St. Louis County's favor on Counts IV and VI of plaintiff's complaint [Doc. #1]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the following provisions will be severed from the St. Louis County Peddlers and Solicitors Code, Chapter 804, and defendant is prohibited from enforcing them: (1) the prohibition on soliciting property or financial assistance of any kind without a license, as contained in sections 804.030(4)(c)(i) and 804.050; and (2) section 804.165, Restriction of Solicitation at Designated Intersections. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that section 1209.090.1 will be severed from the St. Louis County Traffic Code, Chapter 1209, and defendant is prohibited from enforcing section 1209.090.1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that sections 716.080 and 716.090 will be severed from the St. Louis County Petty Offenses Code, Chapter 716, and defendant is prohibited from enforcing sections 716.080 and 716.090. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff is entitled to damages from defendant in the amount of $150,000.00. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff is entitled to attorneys' fees and costs from defendant under 42 U.S.C. ยง 1988 in the amount of $138,515.00.A separate judgment will issue. Signed by District Judge Stephen N. Limbaugh, Jr on 05/11/2021. (CMH) (Entered: 05/11/2021)
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May 11, 2021
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May 11, 2021
RECAP
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71
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JUDGMENT: In accordance with the memorandum and order entered today, and Fed. R. Civ. P. 58, JUDGMENT is hereby granted as follows: On Count I, in favor of plaintiff and against defendant. The following provisions are hereby severed from the St. Louis County Peddlers and Solicitors Code, Chapter 804, and defendant is prohibited from enforcing them: (1) the prohibition on soliciting property or financial assistance of any kind without a license, as contained in sections 804.030(4)(c)(i) and 804.050; and (2) section 804.165, Restriction of Solicitation at Designated Intersections. On Count II, in favor of plaintiff and against defendant. Section 1209.090.1 is hereby severed from the St. Louis County Traffic Code, Chapter 1209, and defendant is prohibited from enforcing section 1209.090.1. On Count III, in favor of plaintiff and against defendant. Sections 716.080 and 716.090 are hereby severed from the St. Louis County Petty Offenses Code, Chapter 716, and defendant is prohibited from enforcing sections 716.080 and 716.090. Signed by District Judge Stephen N. Limbaugh, Jr on 05/11/2021. (CMH) (Entered: 05/11/2021)
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May 11, 2021
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May 11, 2021
PACER
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72
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MOTION for Bill of Costs by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/17/2021)
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May 17, 2021
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May 17, 2021
RECAP
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73
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NOTICE Satisfaction of Judgment: by Plaintiff Robert A. Fernandez (Schock, W.) (Entered: 06/17/2021)
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June 17, 2021
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June 17, 2021
RECAP
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74
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Bill of Costs Taxed in amount of $ 781.00 against St. Louis County 72 MOTION for Bill of Costs filed by Robert A. Fernandez. (CMH) (Entered: 06/18/2021)
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June 18, 2021
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June 18, 2021
PACER
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