1
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5296559. Service due by 8/16/2017 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 (Senate Bill 590), # 3 Exhibit 2 (Letter from A. Jarrett), # 4 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 5 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 6 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 7 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath), # 8 Exhibit 7 (various parole denial notices), # 9 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy), # 10 Exhibit 9 (S. Roberts' request))(Breihan, Amy) (Entered: 05/18/2017)
1 Civil Cover Sheet
View on PACER
2 Exhibit 1 (Senate Bill 590)
View on PACER
3 Exhibit 2 (Letter from A. Jarrett)
View on PACER
4 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe)
View on PACER
5 Exhibit 4 (Feb. 9, 2017 request by R. McElroy)
View on PACER
6 Exhibit 5 (Feb. 10, 2017 response to R. McElroy)
View on PACER
7 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath)
View on PACER
8 Exhibit 7 (various parole denial notices)
View on PACER
9 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy)
View on PACER
10 Exhibit 9 (S. Roberts' request)
View on PACER
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May 18, 2017
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May 18, 2017
RECAP
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2
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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 William A. Knox. (Attachments: # 1 MAP General Order)(Geiser, Angel) (Entered: 05/18/2017)
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May 18, 2017
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May 18, 2017
PACER
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3
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NOTICE of appearance by Amy Elizabeth Breihan on behalf of All Plaintiffs (Attorney Amy Elizabeth Breihan added to party Norman Brown(pty:pla), Attorney Amy Elizabeth Breihan added to party Ralph McElroy(pty:pla), Attorney Amy Elizabeth Breihan added to party Sidney Roberts(pty:pla))(Breihan, Amy) (Entered: 05/18/2017)
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May 18, 2017
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May 18, 2017
PACER
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4
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NOTICE of appearance by Mae C Quinn on behalf of All Plaintiffs (Attorney Mae C Quinn added to party Ralph McElroy(pty:pla), Attorney Mae C Quinn added to party Sidney Roberts(pty:pla), Attorney Mae C Quinn added to party Theron Roland(pty:pla))(Quinn, Mae) (Entered: 05/18/2017)
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May 18, 2017
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May 18, 2017
PACER
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SUMMONS ISSUED as to Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Geiser, Angel)
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May 19, 2017
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May 19, 2017
PACER
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Summons Issued
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May 19, 2017
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May 19, 2017
PACER
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5
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ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 5/19/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 05/19/2017)
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May 19, 2017
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May 19, 2017
PACER
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6
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NOTICE of appearance by Michael Joseph Spillane on behalf of All Defendants (Attorney Michael Joseph Spillane added to party Gary Dusenberg(pty:dft), Attorney Michael Joseph Spillane added to party Kenneth Jones(pty:dft), Attorney Michael Joseph Spillane added to party Ellis McSwain, Jr(pty:dft), Attorney Michael Joseph Spillane added to party Anne L. Precythe(pty:dft), Attorney Michael Joseph Spillane added to party Martin Rucker(pty:dft), Attorney Michael Joseph Spillane added to party Don Ruzicka(pty:dft), Attorney Michael Joseph Spillane added to party Jim Wells(pty:dft), Attorney Michael Joseph Spillane added to party Jennifer Zamkus(pty:dft))(Spillane, Michael) (Entered: 05/24/2017)
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May 24, 2017
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May 24, 2017
PACER
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7
|
NOTICE of appearance by Andrew J Crane on behalf of All Defendants (Attorney Andrew J Crane added to party Gary Dusenberg(pty:dft), Attorney Andrew J Crane added to party Kenneth Jones(pty:dft), Attorney Andrew J Crane added to party Ellis McSwain, Jr(pty:dft), Attorney Andrew J Crane added to party Anne L. Precythe(pty:dft), Attorney Andrew J Crane added to party Martin Rucker(pty:dft), Attorney Andrew J Crane added to party Don Ruzicka(pty:dft), Attorney Andrew J Crane added to party Jim Wells(pty:dft), Attorney Andrew J Crane added to party Jennifer Zamkus(pty:dft))(Crane, Andrew) (Entered: 05/24/2017)
|
May 24, 2017
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May 24, 2017
PACER
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8
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NOTICE of appearance by Matthew Gartner on behalf of Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland (Attorney Matthew Gartner added to party Norman Brown(pty:pla), Attorney Matthew Gartner added to party Ralph McElroy(pty:pla), Attorney Matthew Gartner added to party Sidney Roberts(pty:pla))(Gartner, Matthew) (Entered: 05/26/2017)
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May 26, 2017
|
May 26, 2017
PACER
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9
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NOTICE of appearance by Sarah L Zimmerman on behalf of Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland (Attorney Sarah L Zimmerman added to party Norman Brown(pty:pla), Attorney Sarah L Zimmerman added to party Ralph McElroy(pty:pla), Attorney Sarah L Zimmerman added to party Sidney Roberts(pty:pla))(Zimmerman, Sarah) (Entered: 05/26/2017)
|
May 26, 2017
|
May 26, 2017
PACER
|
10
|
Motion to allow Denyse L. Jones to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5309628) filed by Matthew Gartner on behalf of All Plaintiffs. (Gartner, Matthew) (Entered: 05/31/2017)
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May 31, 2017
|
May 31, 2017
PACER
|
|
Order on Motion to Appear Pro Hac Vice
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May 31, 2017
|
May 31, 2017
PACER
|
11
|
ORDER denying 10 motion to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motion because an outdated form was used. To better meet the requirements of recently amended Local Rule 83.5(h), the pro hac vice form was revised. This new form is now required and is available on our court website at Pro Hac Vice Form. If you still wish to proceed pro hac vice in this case, please refile your motion using the correct form. To avoid being charged a duplicate fee, please insert the receipt number issued for this motion in the receipt box on your new filing. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 05/31/2017)
|
May 31, 2017
|
May 31, 2017
PACER
|
12
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Motion to allow Denyse L. Jones to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5309628) filed by Matthew Gartner on behalf of All Plaintiffs. (Gartner, Matthew) (Entered: 06/01/2017)
|
June 1, 2017
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June 1, 2017
PACER
|
|
Order on Motion to Appear Pro Hac Vice
|
June 1, 2017
|
June 1, 2017
PACER
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13
|
ORDER granting 12 motion to appear pro hac vice entered by Clerk of Court. Attorney Denyse L Jones for Norman Brown,Denyse L Jones for Ralph McElroy,Denyse L Jones for Sidney Roberts,Denyse L Jones for Theron Roland 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: 06/01/2017)
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June 1, 2017
|
June 1, 2017
PACER
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14
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Gary Dusenberg served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
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June 5, 2017
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June 5, 2017
PACER
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15
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Kenneth Jones served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
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June 5, 2017
|
June 5, 2017
PACER
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16
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Ellis McSwain, Jr served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
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June 5, 2017
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June 5, 2017
PACER
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17
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Anne L. Precythe served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
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June 5, 2017
|
June 5, 2017
PACER
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18
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Martin Rucker served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
|
June 5, 2017
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June 5, 2017
PACER
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19
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Don Ruzicka served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
|
June 5, 2017
|
June 5, 2017
PACER
|
20
|
RETURN OF SERVICE of complaint executed by All Plaintiffs. Jim Wells served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
|
June 5, 2017
|
June 5, 2017
PACER
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21
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RETURN OF SERVICE of complaint executed by All Plaintiffs. Jennifer Zamkus served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)
|
June 5, 2017
|
June 5, 2017
PACER
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22
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AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1 (Senate Bill 590), # 2 Exhibit 2 (Letter from A. Jarrett), # 3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath), # 7 Exhibit 7 (various parole denial notices), # 8 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy), # 9 Exhibit 9 (Inspector General Investigation Report), # 10 Exhibit 10 (N. Brown parole denial notice), # 11 Exhibit 11 (S. Roberts' request))(Breihan, Amy) (Entered: 06/08/2017)
|
June 8, 2017
|
June 8, 2017
PACER
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23
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First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of All Defendants. Suggestions in opposition/response due by 7/6/2017 unless otherwise directed by the court. (Attachments: # 1 Supplement Suggestions in Support of Defendants' Motion to Dismiss, # 2 Supplement Missouri Board of Probation and Parole Procedures, # 3 Supplement Missouri Department of Corrections Offender Profile Statistics)(Crane, Andrew) Modified on 6/23/2017 to delete attachments 1, 2, 3, per rule suggestions are to be filed as a separate document (Geiser, Angel). Modified on 6/28/2017 to extend deadlines per order 28 to 07/06/2017 (Geiser, Angel). (Entered: 06/22/2017)
|
June 22, 2017
|
June 22, 2017
PACER
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24
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ORDER. Proposed scheduling order due by 7/13/2017. Rule 26 conference due by 7/6/2017. Signed on 6/22/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 06/22/2017)
|
June 22, 2017
|
June 22, 2017
PACER
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25
|
SUGGESTIONS in support re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Related document(s) 23 ) (Crane, Andrew) Modified on 6/23/2017 to delete document as completed document was not filed. Attorney to re-file document(Geiser, Angel). (Entered: 06/23/2017)
|
June 23, 2017
|
June 23, 2017
PACER
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Notice of docket modification
|
June 23, 2017
|
June 23, 2017
PACER
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|
Notice of Docket Modification
|
June 23, 2017
|
June 23, 2017
PACER
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Suggestions in Support of Motion
|
June 23, 2017
|
June 23, 2017
PACER
|
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 06/22/2017 as Document No. 23, First Motion to Dismiss. The document has been deleted as the suggestions in support were attached to the motion. Counsel will refile the document using the correct event. This is a text entry only - no document is attached. (Geiser, Angel)
|
June 23, 2017
|
June 23, 2017
PACER
|
26
|
SUGGESTIONS in support re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Attachments: # 1 Supplement Missouri Board of Probation and Parole Procedures, # 2 Supplement Department of Corrections Offender Profile Statistics)(Related document(s) 23 ) (Crane, Andrew) (Entered: 06/23/2017)
|
June 23, 2017
|
June 23, 2017
PACER
|
27
|
Consent MOTION for extension of time to file response/reply as to 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 26 Suggestions in Support of Motion, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/10/2017 unless otherwise directed by the court. (Related document(s) 23, 26 ) (Breihan, Amy) (Entered: 06/26/2017)
|
June 26, 2017
|
June 26, 2017
PACER
|
28
|
ORDER entered by Judge Nanette Laughrey. Plaintiffs move for an extension of time, doc. 27, in which to respond to Defendants' motion to dismiss. Defendants consent. Plaintiffs' motion for extension of time is granted and Plaintiffs shall file their response to the motion to dismiss no later than 7/20/2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 06/28/2017)
|
June 28, 2017
|
June 28, 2017
PACER
|
|
Order on Motion for Extension of Time to File Response/Reply
|
June 28, 2017
|
June 28, 2017
PACER
|
29
|
MOTION for order Motion For Order Explicitly Excluding the Case from the Mediation Program Per Terms of the General Order on Mediation and Assessment filed by Michael Joseph Spillane on behalf of All Defendants. Suggestions in opposition/response due by 7/19/2017 unless otherwise directed by the court. (Spillane, Michael) (Entered: 07/05/2017)
|
July 5, 2017
|
July 5, 2017
PACER
|
30
|
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 07/06/2017)
|
July 6, 2017
|
July 6, 2017
PACER
|
31
|
CERTIFICATE OF SERVICE by All Defendants (Defendants' first proposed protective order) filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 07/06/2017)
|
July 6, 2017
|
July 6, 2017
PACER
|
32
|
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 07/06/2017)
|
July 6, 2017
|
July 6, 2017
PACER
|
33
|
Joint PROPOSED SCHEDULING ORDER by Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Attachments: # 1 Exhibit 1 (FEDERAL RULE OF EVIDENCE 502(d) ORDER-The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format))(Breihan, Amy) (Entered: 07/06/2017)
|
July 6, 2017
|
July 6, 2017
PACER
|
|
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 07/06/2017 as Document No. 33-1, Federal Rule of Evidence Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Geiser, Angel)
|
July 7, 2017
|
July 7, 2017
PACER
|
|
Notice of docket modification
|
July 7, 2017
|
July 7, 2017
PACER
|
|
Notice of Docket Modification
|
July 7, 2017
|
July 7, 2017
PACER
|
34
|
CERTIFICATE OF SERVICE by All Plaintiffs of First Sets of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 07/11/2017)
|
July 11, 2017
|
July 11, 2017
PACER
|
35
|
SCHEDULING ORDER:Motion for Class Certification due by 2/13/2018. Discovery due by 3/23/2018. Dispositive Motions due by 4/13/2018. Pretrial Conference set for 9/10/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 9/10/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/12/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 07/12/2017)
|
July 12, 2017
|
July 12, 2017
PACER
|
36
|
RULES OF TRIAL. Signed on 7/12/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 07/12/2017)
|
July 12, 2017
|
July 12, 2017
PACER
|
37
|
ORDER entered by Judge Nanette Laughrey. The parties' joint request, Doc. 33, for entry of an agreed order under Fed. R. Evid. 502(d) is granted. Signed on 7/12/2017 by District Judge Nanette K. Laughrey. (Barragan-Scott, Alana) (Entered: 07/12/2017)
|
July 12, 2017
|
July 12, 2017
PACER
|
38
|
Consent MOTION to continue trial filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/28/2017 unless otherwise directed by the court. (Breihan, Amy) (Entered: 07/14/2017)
|
July 14, 2017
|
July 14, 2017
PACER
|
39
|
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for 10/3/2017 10:00 AM in Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. Persons with actual settlement authority are asked to attend the conference. Insurance representatives may be readily available by telephone. (Geiser, Angel) (Entered: 07/18/2017)
|
July 18, 2017
|
July 18, 2017
PACER
|
|
Notice of Hearing
|
July 18, 2017
|
July 18, 2017
PACER
|
40
|
AMENDED SCHEDULING ORDER: Plaintiffs' Unopposed Motion to Continue Trial, Doc. 38 is granted. Motion for Class Certification due by 2/13/2018. Discovery due by 3/23/2018. Dispositive Motions due by 4/13/2018. Pretrial Conference set for 11/5/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 11/5/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/19/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 07/19/2017)
|
July 19, 2017
|
July 19, 2017
PACER
|
41
|
Consent MOTION for leave to file excess pages in Opposition to Defendants' Motion to Dismiss filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/3/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 (Plaintiffs' Suggestions in Opposition to Defendants' Motion to Dismiss))(Breihan, Amy) (Entered: 07/20/2017)
|
July 20, 2017
|
July 20, 2017
PACER
|
|
Order on Motion for Leave to File Excess Pages
|
July 20, 2017
|
July 20, 2017
PACER
|
42
|
ORDER entered by Judge Nanette Laughrey. Plaintiffs' consent motion for leave to file excess pages in connection with their suggestions in opposition to the Defendants' motion to dismiss, Doc. 41, is granted. Plaintiffs shall file their suggestions in opposition by 7/21/217. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/20/2017)
|
July 20, 2017
|
July 20, 2017
PACER
|
43
|
SUGGESTIONS in opposition re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. Reply suggestions due by 8/4/2017 unless otherwise directed by the court. (Related document(s) 23 ) (Breihan, Amy) (Entered: 07/21/2017)
|
July 21, 2017
|
July 21, 2017
PACER
|
44
|
ORDER entered by Judge Nanette Laughrey. The Court, in its discretion, denies Defendants' motion for an order to exclude this case from the Mediation and Assessment Program, Doc. 29 . See General Order of the W.D. Mo. Mediation and Assessment Program, Sec. IV.D. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/24/2017)
|
July 24, 2017
|
July 24, 2017
PACER
|
|
Order on Motion for Miscellaneous Relief
|
July 24, 2017
|
July 24, 2017
PACER
|
45
|
MOTION to withdraw as attorney Withdrawal of Counsel Matthew Gartner filed by Sarah L Zimmerman on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/11/2017 unless otherwise directed by the court. (Zimmerman, Sarah) (Entered: 07/28/2017)
|
July 28, 2017
|
July 28, 2017
PACER
|
46
|
REPLY SUGGESTIONS to motion re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Related document(s) 23 ) (Crane, Andrew) (Entered: 07/28/2017)
|
July 28, 2017
|
July 28, 2017
PACER
|
47
|
ORDER entered by Judge Nanette Laughrey, granting Doc. 45, motion to withdraw as attorney. Attorney Matthew Gartner is terminated. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/30/2017)
|
July 30, 2017
|
July 30, 2017
PACER
|
|
Order on Motion to Withdraw as Attorney
|
July 30, 2017
|
July 30, 2017
PACER
|
48
|
MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/25/2017 unless otherwise directed by the court. (Related document(s) 22 ) (Breihan, Amy) (Entered: 08/11/2017)
|
Aug. 11, 2017
|
Aug. 11, 2017
PACER
|
49
|
SUGGESTIONS in support re 48 MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Attachments: # 1 Exhibit 1 (Proposed Second Amended Complaint))(Related document(s) 48 ) (Breihan, Amy) (Entered: 08/11/2017)
|
Aug. 11, 2017
|
Aug. 11, 2017
PACER
|
50
|
SUGGESTIONS in opposition re 48 MOTION to amend/correct 22 Amended Complaint,,, Suggestions in Opposition to Motion for Leave to File Second Amended Complaint filed by Michael Joseph Spillane on behalf of Defendant Anne L. Precythe. Reply suggestions due by 9/7/2017 unless otherwise directed by the court. (Related document(s) 48 ) (Spillane, Michael) (Entered: 08/24/2017)
|
Aug. 24, 2017
|
Aug. 24, 2017
PACER
|
51
|
NOTICE of filing Notice of Additional Authority by Anne L. Precythe re 26 Suggestions in Support of Motion, (Attachments: # 1 Exhibit Authority Ramirez v.Griffith 16-1058)(Spillane, Michael) (Entered: 08/31/2017)
|
Aug. 31, 2017
|
Aug. 31, 2017
PACER
|
52
|
Motion to allow Carlota Hopinks-Baul to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5428150) filed by Sarah L Zimmerman on behalf of All Plaintiffs. (Zimmerman, Sarah) (Main Document 52 replaced on 9/6/2017 with corrected phone number on form) (Geiser, Angel). (Entered: 09/06/2017)
|
Sept. 6, 2017
|
Sept. 6, 2017
PACER
|
53
|
Consent MOTION for protective order filed by Andrew J Crane on behalf of All Defendants. Suggestions in opposition/response due by 9/21/2017 unless otherwise directed by the court. (Crane, Andrew) (Entered: 09/07/2017)
|
Sept. 7, 2017
|
Sept. 7, 2017
PACER
|
54
|
ORDER entered by Judge Nanette Laughrey. Defendant's motion for entry of a protective order, to which Plaintiffs consent, Doc. 53, is granted. (Barragan-Scott, Alana) (Entered: 09/07/2017)
|
Sept. 7, 2017
|
Sept. 7, 2017
PACER
|
55
|
REPLY SUGGESTIONS to motion re 48 MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Related document(s) 48 ) (Breihan, Amy) (Entered: 09/07/2017)
|
Sept. 7, 2017
|
Sept. 7, 2017
PACER
|
56
|
CERTIFICATE OF SERVICE by All Defendants filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 09/07/2017)
|
Sept. 7, 2017
|
Sept. 7, 2017
PACER
|
57
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ORDER granting 52 motion to appear pro hac vice entered by Clerk of Court. Attorney Carlota Hopinks-Baul for Norman Brown, Ralph McElroy, Sidney Roberts, and Theron Roland 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: 09/08/2017)
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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Order on Motion to Appear Pro Hac Vice
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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58
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NOTICE of filing Response to Defendants' Citation to Additional Authority by Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland re 51 Notice of filing (Breihan, Amy) (Entered: 09/26/2017)
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Sept. 26, 2017
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Sept. 26, 2017
PACER
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59
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NOTICE of appearance by Matthew D Knepper on behalf of All Plaintiffs (Attorney Matthew D Knepper added to party Norman Brown(pty:pla), Attorney Matthew D Knepper added to party Ralph McElroy(pty:pla), Attorney Matthew D Knepper added to party Sidney Roberts(pty:pla), Attorney Matthew D Knepper added to party Theron Roland(pty:pla))(Knepper, Matthew) (Entered: 09/28/2017)
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Sept. 28, 2017
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Sept. 28, 2017
PACER
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60
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Minute Entry. Proceedings held before Magistrate Judge William A. Knox: Plaintiff's Ralph McElroy, Norman Brown, Theron Roland, and Sidney Roberts appear by phone. Counsel of record participated in person. Parties were unable to reach a settlement. SETTLEMENT CONFERENCE held on 10/3/2017 Time in court: 10:00 am to 11:16 am. (Geiser, Angel) (Entered: 10/03/2017)
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Oct. 3, 2017
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Oct. 3, 2017
PACER
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Settlement Conference
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Oct. 3, 2017
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Oct. 3, 2017
PACER
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61
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NOTICE of filing Citation to Additional Recent Decsion by Anne L. Precythe (Attachments: # 1 Exhibit Hardy v. Norman Decsion 16-4248)(Spillane, Michael) (Entered: 10/03/2017)
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Oct. 3, 2017
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Oct. 3, 2017
PACER
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62
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ORDER. A Telephone Conference is set for 10/30/2017 at 11:00 AM regarding a discovery dispute. The parties shall email a one page summary of the dispute to Alana_Barragan-Scott@mow.uscourts.gov by 11:00 AM on 10/27/2017. The parties shall call conference number 877-336-1274, access code 2707681 to participate in the conference call. Signed on 10/25/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 10/25/2017)
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Oct. 25, 2017
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Oct. 25, 2017
PACER
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Order
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Oct. 25, 2017
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Oct. 25, 2017
PACER
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63
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MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 10/30/2017 regarding a discovery dispute. The plaintiffs seek recordings of their parole hearings, their parole files, including notes and memoranda created by the parole board staff, an unredacted copy of the Inspector General's investigation report detailing parole staff misconduct, and information regarding who participated in Plaintiffs' parole-related hearings and parole-related decisions. Defendants object to producing such documents, arguing that they are not relevant to whether the plaintiffs are entitled to the relief requested. The Court took the matter under advisement and will rule on the issue, if necessary, when ruling on Defendants' motion to dismiss. Plaintiffs' counsel noted that a deposition scheduled for this Thursday may raise questions relating to who participated in the plaintiffs' parole hearings. Defendants counsel indicated that they would object to providing any such information. The Court ruled, in the limited context of the deposition, that questions such as who participated in the hearings, what their capacity was, and what was discussed are relevant to this lawsuit. The Court will not interfere with the deposition at this time. Appearances: Plaintiffs by Mae Quinn, Matthew Knepper and Sarah Zimmerman. Defendants by Michael Spillane and Andrew Crane. Courtroom Deputy: Renea Matthes Mitra Court Reporter: None. (Text entry only.) (Matthes Mitra, Renea) (Entered: 10/30/2017)
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Oct. 30, 2017
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Oct. 30, 2017
PACER
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Telephone Conference
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Oct. 30, 2017
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Oct. 30, 2017
PACER
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64
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ORDER by Judge Nanette K. Laughrey. Defendants' motion to dismiss, Doc. 23 , is denied, and Plaintiffs' motion for leave to amend, Doc. 48 , is granted. Plaintiffs must file the amended complaint within 5 days of the entry of this order . The Court orders Defendants to produce to Plaintiffs, within 10 days of entry of this order, all of the following documents and information: (1) recordings of Plaintiffs' parole hearings; (2) Plaintiffs' parole files, including notes an d memoranda created by the Board or parole staff; and (3) information regarding who participated in Plaintiffs' parole hearings and parole-related decisions, and in what capacity. Further, the Court orders Defendants to provide to the Court for in camera inspection, within 10 days of entry of this order, an unredacted copy of the Inspector General's Investigation Report. If the Court determines that Plaintiffs are entitled to review any portion of that report that has been redacted, the Court will notify the parties and permit Defendants an opportunity to designate the document as appropriate in accordance with the protective order.(Sreeprakash, Netra)
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Oct. 31, 2017
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Oct. 31, 2017
RECAP
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65
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AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1 (Senate Bill 590), # 2 Exhibit 2 (Letter from A. Jarrett), # 3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath, # 7 Exhibit 7 (various parole denial notices), # 8 Exhibit 8 (Massachusetts parole opinion In Re Phomphakdy), # 9 Exhibit 9 (Inspector General Investigation Report), # 10 Exhibit 10 (N. Brown parole denial notice), # 11 Exhibit 11 (S. Roberts' request))(Breihan, Amy) (Entered: 11/01/2017)
1 Exhibit 1 (Senate Bill 590)
View on PACER
2 Exhibit 2 (Letter from A. Jarrett)
View on PACER
3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe)
View on PACER
4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy)
View on PACER
5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy)
View on PACER
6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath
View on PACER
7 Exhibit 7 (various parole denial notices)
View on PACER
8 Exhibit 8 (Massachusetts parole opinion In Re Phomphakdy)
View on PACER
9 Exhibit 9 (Inspector General Investigation Report)
View on PACER
10 Exhibit 10 (N. Brown parole denial notice)
View on PACER
11 Exhibit 11 (S. Roberts' request)
View on PACER
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Nov. 1, 2017
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Nov. 1, 2017
RECAP
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66
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ORDER by Judge Nanette K. Laughrey. Having reviewed in camera the Inspector General's Investigation Report and attachments provided by Defendants, the Court orders Defendants to produce to Plaintiffs' counsel, within 10 days of this order, and with any appropriate confidentiality designation in accordance with the protective order, a copy of said report and attachments, without redactions, except that Defendants may redact the name and other identifying information of any inmate who does not belong to the putative class of plaintiffs in this action. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 11/06/2017)
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Nov. 6, 2017
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Nov. 6, 2017
PACER
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Order
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Nov. 6, 2017
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Nov. 6, 2017
PACER
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67
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CERTIFICATE OF SERVICE by All Plaintiffs of Second Sets of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 11/10/2017)
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Nov. 10, 2017
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Nov. 10, 2017
PACER
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68
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MOTION for extension of time to file response/reply to answer second amended complaint filed by Michael Joseph Spillane on behalf of All Defendants. Suggestions in opposition/response due by 11/27/2017 unless otherwise directed by the court. (Spillane, Michael) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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Order on Motion for Extension of Time to File Response/Reply
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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69
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CERTIFICATE OF SERVICE by All Defendants filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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70
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ORDER by Judge Nanette K. Laughrey. Defendants' unopposed motion for an extension, Doc. 68, is granted. Defendants' response to the second amended complaint, Doc. 65, is due on or before November 29, 2017. This is a TEXT ONLY ENTRY. No document is attached.(Sreeprakash, Netra) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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71
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CERTIFICATE OF SERVICE by All Defendants re 66 Order,, filed by Michael Joseph Spillane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Related document: 66 Order,,.(Spillane, Michael) (Entered: 11/16/2017)
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Nov. 16, 2017
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Nov. 16, 2017
PACER
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72
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NOTICE of appearance by Jordan T Ault on behalf of All Plaintiffs (Attorney Jordan T Ault added to party Norman Brown(pty:pla), Attorney Jordan T Ault added to party Ralph McElroy(pty:pla), Attorney Jordan T Ault added to party Sidney Roberts(pty:pla), Attorney Jordan T Ault added to party Theron Roland(pty:pla))(Ault, Jordan) (Entered: 11/28/2017)
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Nov. 28, 2017
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Nov. 28, 2017
PACER
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73
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Answer to Second Amended Complaint on behalf of all defendants ANSWER to 65 Amended Complaint,, Answer to Second Amended Complaint on behalf of all defendants on behalf of Jennifer Zamkus.(Spillane, Michael) (Entered: 11/29/2017)
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Nov. 29, 2017
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Nov. 29, 2017
PACER
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74
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NOTICE to take deposition of Kelly Dills filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/01/2017)
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Dec. 1, 2017
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Dec. 1, 2017
PACER
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75
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NOTICE to take deposition of Jennifer Zamkus filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)
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Dec. 4, 2017
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Dec. 4, 2017
PACER
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76
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NOTICE to take deposition of Ellis McSwain filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)
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Dec. 4, 2017
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Dec. 4, 2017
PACER
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77
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NOTICE to take deposition of Gary Dusenberg filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)
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Dec. 4, 2017
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Dec. 4, 2017
PACER
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78
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MOTION to withdraw as attorney filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/20/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 12/06/2017)
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Dec. 6, 2017
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Dec. 6, 2017
PACER
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