Case: Roberts Webb v. City of Maplewood

4:16-cv-01703 | U.S. District Court for the Eastern District of Missouri

Filed Date: Nov. 1, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 1, 2016, six residents of Missouri filed this class action lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the city of Maplewood under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought certification of their class as well as declaratory and injunctive relief. The case was assigned to Judge Catherine D. Perry.  The plaintiffs alleged that the city had implemented an extortionate scheme against citizens whereby the cit…

On November 1, 2016, six residents of Missouri filed this class action lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the city of Maplewood under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought certification of their class as well as declaratory and injunctive relief. The case was assigned to Judge Catherine D. Perry. 

The plaintiffs alleged that the city had implemented an extortionate scheme against citizens whereby the city’s police would perform unlawful seizures to trap individuals into proceeding through the municipal court machine. The court would then issue arrest warrants with insurmountable warrant bond fees against individuals who were unable to pay or appear in court. These individuals were then left with the choice to either 1) sit in jail for 48 hours, 2) pay the fine which would range anywhere from $300-$500 or 3) hire an attorney. Until then the warrant would remain in effect while residents were denied requests for information about their case or charges. 

The plaintiffs proposed the following three classes:

“All persons, whether or not such person has ever been jailed, who have paid or currently owe warrant recall fees or warrant bonds to the City of Maplewood arising from cases in the Maplewood court (the “Injunctive Class”).”

“All persons, whether or not such person has ever been jailed, who have paid any amount to the City of Maplewood from fines, fees, costs, or surcharges, including warrant recall fees or warrant bonds arising from cases in the Maplewood court and who have not been provided an opportunity to prove indigence (the “Paid Warrant Bond Class”).”

“All persons who have been jailed by the City of Maplewood for non- payment of fines, fees, costs, or surcharges, including warrant recall fees and/or warrant bonds arising from cases in the Maplewood court and who (1) were not been provided an opportunity to prove indigence prior to jailing; (2) were not considered a danger to the community by notation in Maplewood’s file; and (3) were not designated as a flight risk at the time of jailing (the “Jailed Class”).”

The plaintiffs brought seven different claims. They first argued that the defendants had violated the Fourteenth Amendment due process and equal protection clauses by imprisoning those who were indigent and unable to pay the fines for failure to pay. Second they argued that the defendants had violated the First and Fourteenth Amendments by denying access to the courts. There was no policy or procedure in place where individuals could challenge the amount they were fined or the “failure to pay” allegation upon which an arrest warrant rested upon. Third, the plaintiffs argued their Sixth and Fourteenth Amendment rights had been violated when they failed to provide adequate counsel at hearings in which indigent individuals were ordered to be imprisoned for their failure to pay. 

Next, the plaintiffs alleged a violation of their Fourth and Fourteenth Amendment rights due to the defendant’s issuance of invalid warrants that were served without first inquiring about an individual’s ability to pay the fine. They argued this process was an “unreasonable seizure without a fair and reliable determination of probable cause.” Plaintiffs’ fifth claim alleged that the defendant violated the Fourteenth Amendment by threatening individuals with incarceration in order to get them to pay their fines. Next the plaintiffs brought two state law claims, the first rendered judgments obtained in violation of due process void and the second was unjust enrichment. 

On December 29, 2016, the defendant filed a motion to dismiss for failure to state a claim. On June 5, 2017, the court granted the defendants motion to dismiss only as to claim six. Plaintiffs’ sixth claim argued that under a Missouri Supreme Court rule, judgments rendered for “failure to appear” are void because they fail to comply with the procedural requirements of Missouri rules of civil procedure. In response to the defendant’s motion the plaintiffs agreed that the relief sought by the claim was barred by the Rooker-Feldman doctrine. 2017 WL 2418011. 

On June 16, 2017, the defendants appealed the court’s decision on their motion to dismiss to the Eighth Circuit Court of Appeals. 

On May 4, 2018, the Eighth Circuit Court of Appeals affirmed the lower court’s decision. 889 F.3d 483. 

On May 18, 2018, the defendants filed a petition for a rehearing en banc that the appellate court denied on June 13, 2018. 

On August 10, 2018, the district court referred the case to mediation. 

On September 11, 2018, the defendants filed a writ of certiorari with the U.S. Supreme Court that was denied on October 15, 2018. 139 S.Ct. 389. 

On January 18, 2019, the plaintiffs’ counsel filed a motion to withdraw their representation of two of the plaintiffs for their failure to respond to communications with their attorneys over several months. On June 24, 2019 the court ordered two of the plaintiffs to show cause for why the motion should not be granted or risk dismissal of their claims. On February 17, 2019 the court dismissed the two plaintiffs’ claims from the case and granted the attorneys’ motion. 

On February 14, 2019, a notice was filed with the court that the parties had participated in mediation, but that no settlement agreement had been reached.  

On May 10, 2019, the defendant filed a motion for judgment on the pleadings for failure to join an indispensable party under rule 19. They argued that the plaintiffs had failed to join Maplewood’s municipal court which is a separate entity and that they were required to be joined as a co-defendant under rule 19. In tandem with this argument though the city argued that joinder was impossible because the municipal court was entitled to sovereign immunity and therefore the suit should be dismissed. 

On August 20, 2019, the court denied the defendant’s motion for judgment on the pleadings. The court concluded that the municipal court was not a required party under rule 19 because the court could give the plaintiffs meaningful relief without joinder. 

On October 29, 2020, the plaintiffs filed a motion to certify their class. On November 18, 2021, the court granted in part and denied in part the motion for class certification. The court certified the following classes:

  1. Injunctive Class: “All persons, whether or not such person has ever been jailed, who have paid or currently owe warrant bonds to the City of Maplewood arising from cases in the Maplewood court.”
  2. Narrowed Paid Fines Class: “All persons who paid to the City of Maplewood fines, costs, and/or fees that were assessed without an inquiry into their ability to pay, and who paid such fines, costs, and/or fees after being arrested and jailed on Maplewood municipal warrants issued for failure to pay or for failure to appear.”
  3. Jailed Class: “All persons who have been jailed by the City of Maplewood for nonpayment of fines, fees, costs, or surcharges, including warrant bonds arising from cases in the Maplewood court, and who (1) were not provided an opportunity to prove indigence prior to jailing; (2) were not considered a danger to the community by notation in Maplewood’s file; and (3) were not designated as a flight risk at the time of jailing.”

340 F.R.D. 124.

On March 25, 2022, the defendant filed a motion for summary judgment. On May 9, 2022, the plaintiffs filed a notice of voluntary dismissal as to Counts three, four, and five without providing any reasoning. The court dismissed these claims the next day. 

On June 27, 2022, the parties notified the court that they had reached a settlement. On October 24, 2022, the parties filed a motion for preliminary approval of their settlement which the court granted on November 1, 2022. On December 14, 2022, the plaintiffs filed a motion for attorneys fees. On February 17, 2023, the parties filed a motion for final approval of their settlement agreement. 

On April 5, 2023, the court granted final approval of the class action settlement. The court awarded $1,083,333.33 in attorneys fees and $132,365.76 in litigation costs. Class representatives were awarded $7,500 each. The settlement total amount was $3.25 million and would be used to pay class members. The defendant also agreed to have the prosecutor of the city of Maplewood dismiss all unpled charges for pending minor traffic violations in which there was no personal injury or property damage. 2023 WL 2784788. 

As of January 1, 2024, this case was ongoing. 

Summary Authors

Rhea Sharma (1/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4515111/parties/roberts-webb-v-city-of-maplewood/


Judge(s)
Attorney for Plaintiff

Alberts, Jeremy Jon (Missouri)

Atri, Sima (Missouri)

Ball, Gordon (Missouri)

Attorney for Defendant

Angolkar, Stephanie A (Missouri)

Brinker, Jeffrey J. (Missouri)

show all people

Documents in the Clearinghouse

Document
1

4:16-cv-01703

Class Action Complaint

Webb v. City of Maplewood

Nov. 1, 2016

Nov. 1, 2016

Complaint
35

4:16-cv-01703

Memorandum And Order

Webb v. The City Of Maplewood

June 5, 2017

June 5, 2017

Order/Opinion

17-02381

Opinion

Webb v. City of Maplewood

U. S. Court of Appeals for the Eighth Circuit

May 4, 2018

May 4, 2018

Order/Opinion
116

4:16-cv-01703

Memorandum And Order

Webb v. City of Maplewood

Aug. 20, 2019

Aug. 20, 2019

Order/Opinion
202

4:16-cv-01703

Memorandum And Order

Webb v. City of Maplewood

Nov. 18, 2021

Nov. 18, 2021

Order/Opinion
260-1

4:16-cv-01703

Settlement Agreement and Releases

Webb v. City of Maplewood

Oct. 24, 2022

Oct. 24, 2022

Settlement Agreement
273

4:16-cv-01703

Memorandum And Order Granting Final Approval Of Class Action Settlement

Webb v. City of Maplewood

April 5, 2023

April 5, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515111/roberts-webb-v-city-of-maplewood/

Last updated Dec. 14, 2023, 6:44 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant City of Maplewood with receipt number 0865-5657576, in the amount of $400 Jury Demand,, filed by Frank Williams, Cecelia Roberts Webb, Anthony Lemicy, Robert Eutz, Darron Yates, Krystal Banks. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Original Filing Form Original Filing Form, # 3 Form Notice of Lawsuit and Request to Waive Service of Summons, # 4 Waiver of Service Waiver of Service)(Harvey, Thomas) (Entered: 11/01/2016)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Original Filing Form Original Filing Form

View on PACER

3 Form Notice of Lawsuit and Request to Waive Service of Summons

View on PACER

4 Waiver of Service Waiver of Service

View on PACER

Nov. 1, 2016

Nov. 1, 2016

PACER
2

ENTRY of Appearance by Edward James Hall for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Hall, Edward) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
3

ENTRY of Appearance by Nathaniel Richard Carroll for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
4

ENTRY of Appearance by Blake Alexander Strode for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Strode, Blake) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER

Case Opening Notification

Nov. 2, 2016

Nov. 2, 2016

PACER

Case Opening Notification: Waivers issued 1. Judge Assigned: Honorable Catherine D. Perry. (JWD)

Nov. 2, 2016

Nov. 2, 2016

PACER
5

ENTRY of Appearance by Michael-John Voss for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Voss, Michael-John) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
6

WAIVER OF SERVICE Returned Executed filed by Frank Williams, Cecelia Roberts Webb, Anthony Lemicy, Robert Eutz, Darron Yates, Krystal Banks City of Maplewood waiver signed on 11/1/2016, answer due 1/3/2017. (Carroll, Nathaniel) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
7

MOTION for Leave to Appear Pro Hac Vice Martin D. Quinones. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5718266) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Exhibit List of Bar Admissions, # 2 Certificate of Good Standing)(Quinones, Martin) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
8

MOTION for Leave to Appear Pro Hac Vice Jeffrey D. Kaliel. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5718275) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Exhibit List of Bar Admissions, # 2 Certificate of Good Standing)(Kaliel, Jeffrey) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
9

Docket Text ORDER: Re: [7, 8] MOTIONS for Leave to Appear Pro Hac Vice Martin D. Quinones, Jeffrey D. Kaliel ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 12/14/16. (CDP) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
10

ENTRY of Appearance by Gary P. Paul for Defendant City of Maplewood. (Paul, Gary) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
11

ENTRY of Appearance by Jeffrey J. Brinker for Defendant City of Maplewood. (Brinker, Jeffrey) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
12

ENTRY of Appearance by John Michael Reeves, Jr for Defendant City of Maplewood. (Reeves, John) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
13

MOTION for Leave to File Memo in Excess of Page Limit by Defendant City of Maplewood. (Reeves, John) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
14

MOTION to Dismiss Case for Failure to State a Cause of Action by Defendant City of Maplewood. (Reeves, John) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
15

MEMORANDUM in Support of Motion re 14 MOTION to Dismiss Case for Failure to State a Cause of Action filed by Defendant City of Maplewood. (Reeves, John) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
16

MOTION to Strike by Defendant City of Maplewood. (Reeves, John) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
17

MEMORANDUM in Support of Motion re 16 MOTION to Strike filed by Defendant City of Maplewood. (Reeves, John) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
18

Docket Text ORDER: Re: 13 MOTION for Leave to File Memo in Excess of Page Limit ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 12/29/16. (CDP) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
19

Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Strike, 14 MOTION to Dismiss Case for Failure to State a Cause of Action by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
20

Docket Text ORDER: Re: 19 Consent MOTION for Extension of Time ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 1/4/17. (CDP) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
21

MOTION for Leave to File in Excess of Page Limitation Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
22

MEMORANDUM in Opposition re 14 MOTION to Dismiss Case for Failure to State a Cause of Action filed by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
23

MEMORANDUM in Opposition re 16 MOTION to Strike filed by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
24

NOTICE by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates Withdrawal of Attorney Martin D. Quinones (Kaliel, Jeffrey) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
25

MOTION to Enforce, MOTION for Extension of Time to File Response/Reply Memorandum by Defendant City of Maplewood. (Reeves, John) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
26

Docket Text ORDER: Re: 21 MOTION for Leave to File in Excess of Page Limitation: ORDERED GRANTED; 25 MOTION for Extension of Time to File Response: ORDERED GRANTED; 24 MOTION to withdraw as counsel (Martin D. Quinones): ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 2/1/17. (CDP) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
27

REPLY to Response to Motion re 14 MOTION to Dismiss Case for Failure to State a Cause of Action filed by Defendant City of Maplewood. (Reeves, John) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
28

REPLY to Response to Motion re 16 MOTION to Strike filed by Defendant City of Maplewood. (Reeves, John) Modified on 2/13/2017 (CBL). (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
29

MOTION for Leave to Appear Pro Hac Vice Lauren Kelleher. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5810207) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Certificate of Good Standing)(Kelleher, Lauren) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
30

Docket Text ORDER: Re: 29 MOTION for Leave to Appear Pro Hac Vice Lauren Kelleher by Plaintiffs. ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 2/14/2017. (CBL) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
31

MOTION to Withdraw as Attorney ;attorney/firm Edward Hall by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Hall, Edward) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
32

Docket Text ORDER: Re: 31 MOTION to Withdraw as Attorney ;attorney Edward Hall by Plaintiffs ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 4/11/17. (CDP) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
33

MOTION to Withdraw Appearance of Counsel Lauren Joyce Kelleher: by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates (Kaliel, Jeffrey) Modified on 5/24/2017 (CBL). (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
34

Docket Text ORDER: Re: 33 MOTION to Withdraw Appearance of Counsel Lauren Joyce Kelleher: by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 5/25/2017. (CBL) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
35

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendant City of Maplewood, Missouri's motion to dismiss 14 is GRANTED as to Count Six of the complaint, and Count Six is hereby dismissed. In all other respects, the motion to dismiss is DENIED. The City of Maplewood shall file its answer to Counts One through Five and Count Seven of the complaint within the time prescribed by the federal rules. IT IS FURTHER ORDERED that defendant City of Maplewood, Missouri's motion to strike 16 is DENIED. The case will be set for a Rule 16 scheduling conference by separate Order. Signed by District Judge Catherine D. Perry on 6/5/17. (EAB) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

Clearinghouse
36

ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 3. Joint Scheduling Plan due by 7/14/2017. Rule 16 Conference set for 7/21/2017 at 10:30 AM in Chambers before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 6/5/17. (EAB) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
37

ANSWER to 1 Complaint, by City of Maplewood.(Reeves, John) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
38

NOTICE OF INTERLOCUTORY APPEAL as to 35 Memorandum & Order,, by Defendant City of Maplewood. Filing fee $ 505, receipt number 0865-6007810. (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

RECAP
39

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 35 Memorandum & Order,,. Notice of Appeal filed on 06/16/2017 by Defendant City of Maplewood. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(MFG) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
40

Initial Notification from USCA for 38 Notice of Interlocutory Appeal filed by City of Maplewood. USCA Appeal Number: 17-2381. (CBL) (Entered: 06/22/2017)

June 21, 2017

June 21, 2017

RECAP
41

Briefing Schedule from USCA for 38 Notice of Interlocutory Appeal filed by City of Maplewood. USCA Appeal Number: 17-2381. Appellant Brief due: 7/31/2017.(CBL) (Entered: 06/22/2017)

June 21, 2017

June 21, 2017

RECAP
42

MOTION to Stay Case Pending Appeal by Defendant City of Maplewood. (Reeves, John) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
43

MEMORANDUM in Support of Motion re 42 MOTION to Stay Case Pending Appeal filed by Defendant City of Maplewood. (Reeves, John) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
44

Docket Text ORDER: Re: 42 MOTION to Stay Case Pending Appeal by Defendant City of Maplewood. (Reeves, John) filed by City of Maplewood ; ORDERED GRANTED; case is STAYED pending interlocutory appeal; Rule 16 conference previously set for 7/21/17 is canceled. Signed by District Judge Catherine D. Perry on 6/26/17. (CDP) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
45

ENTRY of Appearance by Sima Atri for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Atri, Sima) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
46

MOTION for Leave to Appear Pro Hac Vice Jonathan K. Tycko. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6372473) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Exhibit, # 2 Certificate of Good Standing)(Tycko, Jonathan) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
47

MOTION for Leave to Appear Pro Hac Vice Kyra A. Taylor. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6372493) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Certificate of Good Standing)(Taylor, Kyra) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
48

Docket Text ORDER: Re: 46, 47 MOTIONS for Leave to Appear Pro Hac Vice Jonathan K. Tycko, Kyra A. Taylor ; ORDERED GRANTED, although case remains stayed pending interlocutory appeal. Signed by District Judge Catherine D. Perry on 2/9/18. (CDP) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
49

OPINION from USCA re 38 Notice of Interlocutory Appeal : USCA Appeal #: 17-2381; AFFIRMED (KKS) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
50

USCA JUDGMENT as to 38 Notice of Interlocutory Appeal filed by City of Maplewood ; This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (KKS) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
51

ORDER of USCA Regarding: The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Gruender did not participate in the consideration or decision of this matter. USCA Appeal #: 17-2381 (MCB) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
52

NOTICE of Change of Address filed by Nathaniel Richard Carroll. (Carroll, Nathaniel) Law Firm address updated in CM/ECF (CAR). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
53

MANDATE of USCA as to 38 Notice of Interlocutory Appeal filed by City of Maplewood USCA #:17-2381. In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is AFFIRMED. (EAB) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
54

ORDER SETTING RULE CONFERENCE. This case is assigned to Track: 3 Joint Scheduling Plan due by 8/3/2018. Rule 16 Conference set for 8/10/2018 at 10:00 AM in Chambers before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 6/27/18. (EAB) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
55

ENTRY of Appearance by Michelle V. Stallings for Defendant City of Maplewood. (Stallings, Michelle) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
56

JOINT SCHEDULING PLAN by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. . (Tycko, Jonathan) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
57

MOTION for Leave to Appear Pro Hac Vice Andrea R. Gold. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6682960) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Exhibit List of Bar Admissions, # 2 Certificate of Good Standing)(Gold, Andrea) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
58

Docket Text ORDER: Re: 57 MOTION for Leave to Appear Pro Hac Vice Andrea R. Gold ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 8/7/18. (CDP) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
59

CASE MANAGEMENT ORDER (See Full Order) This case is assigned to Track: 3 (Complex). Motion to Join Parties due by 10/9/2018. Discovery Completion due by 7/5/2019. Non-Dispositive Motions due by 7/16/2019. Motions for Class Certification to be filed by 8/5/2019. Motion for Class Certification Hearing set for 9/12/2019 at 9:00 AM in Courtroom 14S before District Judge Catherine D. Perry. Dispositive Motions due by 11/5/2019. Pretrial Compliance due by 2/18/2020. Motion in Limine due by 2/28/2020. Jury Trial set for 3/9/2020 at 8:30 AM in Courtroom 14S before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 8/10/18. (EAB) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
60

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Nathaniel R. Carroll. Designation of Neutral/Conference Report due by 12/13/2018. ADR Completion Deadline due by 1/25/2019. ADR Compliance Report Deadline due by 2/8/2019. Signed by District Judge Catherine D. Perry on 8/10/18. (EAB) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
61

LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 17-2381 Supreme Court #: 18-342. The petition for writ of certiorari has been filed. (Attachments: # 1 USCA letter)(MCB) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
62

LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 17-2381; Supreme Court #: 18-342. The petition for writ of certiorari has been denied.(EAB) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
63

MOTION to Withdraw as Attorney ;attorney/firm Nathaniel R. Carroll by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
64

Docket Text ORDER: Re: 63 MOTION to Withdraw as Attorney filed by Nathaniel R. Carroll for Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates ; ORDERED GRANTED. Attorney Nathaniel Richard Carroll terminated. Signed by District Judge Catherine D. Perry on 11/30/18. (KXS) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
65

Joint MOTION to Amend/Correct 60 Order Referring Case to ADR, 59 Case Management Order,,, Set Deadlines/Hearings,, by Defendant City of Maplewood. (Stallings, Michelle) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
66

Docket Text ORDER: Re: 65 Joint MOTION to Amend/Correct 60 Order Referring Case to ADR, 59 Case Management Order by Defendant City of Maplewood. ORDERED: GRANTED.( ADR Completion Deadline due by 2/25/2019. ADR Compliance Report Deadline due by 3/11/2019. Designation of Neutral/Conference Report due by 12/20/2018.) Signed by District Judge Catherine D. Perry on 12/17/2018. (CBL) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER

A Docket Text Order with Schedules

Dec. 17, 2018

Dec. 17, 2018

PACER
67

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates Neutral: Norton, Glenn A. Date of Conference: TBD time: TBD Location: TBD(Voss, Michael-John) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
68

NOTICE of Appointment of Neutral. Neutral name: Norton, Glenn A. Neutral selected by Parties. (EAB) (Copy of Notice sent to Neutral on 12/21/18). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
69

MOTION to Withdraw as Attorney ;attorney/firm All Counsel of Record by Plaintiff Robert Eutz. (Waldron, John) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
70

MOTION to Withdraw as Attorney for Ms. Banks ;attorney/firm All Counsel of Record by Plaintiff Krystal Banks. (Waldron, John) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
71

Joint MOTION to Amend/Correct 59 Case Management Order,,, Set Deadlines/Hearings,, by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Waldron, John) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
72

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiffs Robert Eutz and Krystal Banks shall show cause in writing and no later than February 6, 2019 why counsel's Motions to Withdraw as Counsel of Record Without Substitution should not be granted. Plaintiffs Eutz and Banks shall each include their current address in their respective response. IT IS FURTHER ORDERED that plaintiffs' counsel shall mail this Memorandum and Order to plaintiffs Robert Eutz and Krystal Banks at their last known address(es) and certify to the Court that they have mailed the Order. Plaintiffs Robert Eutz and Krystal Banks are cautioned that failure to timely comply with this Order may result in the dismissal of their claims without prejudice for failure to prosecute. Signed by District Judge Catherine D. Perry on 1/24/19. (EAB) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

RECAP
73

AMENDED CASE MANAGEMENT ORDER (See Full Order for Complete Details) This case is assigned to Track: 3 (Complex). Discovery Completion due by 10/3/2019., Non-Dispositive Motions due by 10/14/2019. This case remains referred to alternative dispute resolution, and that reference shall terminate on February 25, 2019. Dispositive Motions due by 2/3/2020., In Court Hearing set for 12/11/2019 09:00 AM in Courtroom 14S before District Judge Catherine D. Perry., Pretrial Compliance due by 5/26/2020. Motion in Limine due by 6/5/2020. Jury Trial set for 6/15/2020 at 8:30 AM in Courtroom 14S before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 1/24/19. (EAB) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
74

NOTICE by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates Certification of Notice of Show Cause (Attachments: # 1 Exhibit Exhibit 1)(Waldron, John) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
75

ORDER - IT IS HEREBY ORDERED that counsel's motions to withdraw their representation of plaintiffs Robert Eutz and Krystal Banks 69 70 are GRANTED. IT IS FURTHER ORDERED that the claims of plaintiffs Robert Eutz and Krystal Banks are dismissed from this action without prejudice for failure to prosecute. Signed by District Judge Catherine D. Perry on February 7, 2019. (MCB) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
76

ADR COMPLIANCE REPORT by Neutral: Norton, Glenn A; Date of Conference: 2/14/19. The parties participated in good faith. The parties did not achieve a settlement.(EAB) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
77

MOTION to Compel by Plaintiffs Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Waldron, John) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
78

MEMORANDUM in Support of Motion re 77 MOTION to Compel filed by Plaintiffs Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Waldron, John) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
79

MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Compel by Defendant City of Maplewood. (Stallings, Michelle) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
80

Docket Text ORDER: Re: 79 MOTION for Extension of Time to File Response/Reply as to 77 MOTION to Compel by Defendant City of Maplewood. ORDERED: GRANTED. Response is now due March 19, 2019. Signed by District Judge Rodney W. Sippel on 3/13/2019 on behalf of District Judge Catherine D. Perry. (CBL) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER

A Docket Text Order with Schedules

March 13, 2019

March 13, 2019

PACER
81

MEMORANDUM in Opposition re 77 MOTION to Compel filed by Defendant City of Maplewood. (Stallings, Michelle) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
82

MOTION for Leave to Appear Pro Hac Vice Matthew W. Lanahan. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-7113249) by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Attachments: # 1 Certificate of Good Standing)(Lanahan, Matthew) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
83

REPLY to Response to Motion re 77 MOTION to Compel filed by Plaintiffs Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Waldron, John) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
84

ENTRY of Appearance by Ryan A. Keane for Plaintiffs Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Keane, Ryan) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
85

ENTRY of Appearance by Nathaniel Richard Carroll for Plaintiffs Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates. (Carroll, Nathaniel) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
86

Docket Text ORDER: Re 82 MOTION for Leave to Appear Pro Hac Vice Matthew W. Lanahan. by Plaintiffs Krystal Banks, Robert Eutz, Anthony Lemicy, Cecelia Roberts Webb, Frank Williams, Darron Yates; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 3/28/19. (EAB) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER

A Docket Text Order

March 28, 2019

March 28, 2019

PACER
87

ENTRY of Appearance by John Michael Reeves, Jr for Defendant City of Maplewood. (Reeves, John) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
88

MOTION to Withdraw as Attorney ;attorney/firm Gary P. Paul by Defendant City of Maplewood. (Paul, Gary) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER

A Docket Text Order

April 9, 2019

April 9, 2019

PACER
89

MOTION to Withdraw as Attorney ;attorney/firm Jeffrey J. Brinker by Defendant City of Maplewood. (Brinker, Jeffrey) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
90

Docket Text ORDER: Re: [88, 89] MOTIONS to Withdraw as Attorneys Jeffrey J. Brinker, Gary P. Paul ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 4/9/19. (CDP) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
91

ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's motion to compel 77 is GRANTED. IT IS FURTHER ORDERED that, within twelve (12) days of the date of this Order, defendant shall produce to plaintiffs the documents requested in Plaintiffs Requests for Production Nos. 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22, 24, 25, 26, 27, and 28; and shall fully answer Plaintiffs Interrogatory Nos. 3, 6, 7, 10, 11, 12, 13, 14, 15, 16, and 18. Defendant is reminded of its obligation under Fed. R. Civ. P. 26(e) to supplement its document production if its current responses are found to be incomplete or incorrect. Signed by District Judge Catherine D. Perry on 4/18/19. (EAB) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
92

ENTRY of Appearance by Blake Daniel Hill for Defendant City of Maplewood. (Hill, Blake) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
93

Consent MOTION for Extension of: Time to Comply With Order by Defendant City of Maplewood. (Hill, Blake) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
94

Docket Text ORDER: Re: 93 Consent MOTION for Extension of: Time, up to May 7, 2019 to Comply With Order by Defendant City of Maplewood ; ORDERED: Motion is GRANTED. Signed by District Judge Catherine D. Perry on May 1, 2019. (MCB) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 1, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six residents of Missouri.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Maplewood (St. Louis), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,250,000.00

Issues

General:

Fines/Fees/Bail/Bond