Case: CoreCivic, Inc. v. Leavenworth, Kansas, City of

CoreCivic, Inc. v. City of Leavenworth, Kansas et al.

CoreCivic, Inc. v. City of Leavenworth, et al.

COMPLAINT with trial location of Kansas City ( Filing fee $405, Internet Payment Receipt Number AKSDC-6738473.), filed by CoreCivic, Inc.. (Attachments: # 1 Exhibit A-Resolution No. B-2394, # 2 Exhibit B-Leavenworth Development Regulations Excerpts, # 3 Exhibit C-Ordinance No. 7911, # 4 Exhibit List Index of Exhibits)(Reinig, Jacob) (Entered: 08/08/2025)

1 Exhibit A-Resolution No. B-2394

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2 Exhibit B-Leavenworth Development Regulations Excerpts

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3 Exhibit C-Ordinance No. 7911

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4 Exhibit List Index of Exhibits

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CIVIL COVER SHEET by Plaintiff CoreCivic, Inc.. (Reinig, Jacob) (Entered: 08/08/2025)

DESIGNATION OF PLACE OF TRIAL filed by Plaintiff CoreCivic, Inc. - trial to be held in Kansas City. (Reinig, Jacob) (Entered: 08/08/2025)

CORPORATE DISCLOSURE STATEMENT by CoreCivic, Inc. identifying None as corporate parent (Reinig, Jacob) (Entered: 08/08/2025)

Notice of Judge Assignment

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at https://www.uscourts.gov/file/459/download (nap)

Summons Issued

SUMMONS ISSUED as to Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh)

MOTION for Leave to File Excess Pages for Its Memorandum in Support of Its Motion for Preliminary Injunction by Plaintiff CoreCivic, Inc. (Reinig, Jacob). (Entered: 09/10/2025)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 5 MOTION for Leave to File Excess Pages for Its Memorandum in Support of Its Motion for Preliminary Injunction. The motion will be resolved by the District Judge. (kf)

ENTRY OF APPEARANCE by W. Joseph Hatley on behalf of Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Holly Pittman (Hatley, W.) (Entered: 09/11/2025)

ENTRY OF APPEARANCE by David Edward Waters on behalf of Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Holly Pittman (Waters, David) (Entered: 09/11/2025)

ENTRY OF APPEARANCE by Caleb Perry Phillips on behalf of Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Holly Pittman (Phillips, Caleb) (Entered: 09/11/2025)

ENTRY OF APPEARANCE by Angus W. Dwyer on behalf of Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Holly Pittman (Dwyer, Angus) (Entered: 09/11/2025)

RESPONSE by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Holly Pittman re 5 Motion for Leave to File Excess Pages "Memorandum in Opposition to Motion for Extra Pages) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dwyer, Angus) (Entered: 09/11/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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ORDER denying Doc. 5 . Plaintiff CoreCivic filed suit against various Defendants alleging violations of its constitutional rights. Doc. 1. CoreCivic then requested leave to file excess pages in an upcoming motion for a preliminary injunction. Doc. 5. That request is denied. Part of the rationale for establishing page limitations is to focus civil litigants' attention on only the material facts, relevant law, and areas of meaningful dispute. In addition, enforcing page limitations helps prevent overwhelming the record with voluminous and unnecessary legal or factual arguments. See Hon. Michael G. Williamson, The 3-3-3 Rule, https://www.flmb.uscourts.gov/judges/tampa/williamson/3-3-3_rule.pdf, (last visited Sep. 12, 2025) (attributing to Chief Justice Roberts the quip that he had never read a brief and wished it were longer). And nothing in CoreCivic's motion demonstrates that it would be unable to adequately address the pertinent legal and factual issues without additional pages. Contra Doc. 5 at 3. If additional information and/or legal authorities are needed, there will be a separate Order directing the filing of such briefs with specific instructions as to what information is being sought. As a result, CoreCivic's requests for more pages, Doc. 5, is DENIED. Signed by District Judge Toby Crouse on 9/12/25. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 09/12/2025)

Order on Motion for Leave to File Excess Pages

MOTION for Preliminary Injunction and Declaratory Relief by Plaintiff CoreCivic, Inc. (Tanner, Kyle) (Entered: 09/15/2025)

MEMORANDUM IN SUPPORT of 12 MOTION for Preliminary Injunction and Declaratory Relief by Plaintiff CoreCivic, Inc. (Attachments: # 1 Exhibit List Index of Exhibits, # 2 Exhibit A - Simon Declaration, # 3 Exhibit List Index of Exhibits for Simon Declaration, # 4 Exhibit 1 - Leavenworth Development Regulations, # 5 Exhibit 2 - Ordinance No. 7911, # 6 Exhibit 3 - Resolution No. B-2394, # 7 Exhibit 4 - State Court Amended Petition, # 8 Exhibit 5 - Memo ISO Motion for Temporary Restraining Order and Preliminary Injunction, # 9 Exhibit 6 - Reply Memorandum in Support of Plaintiff's Motion for Temporary Injunction, # 10 Exhibit 7 - Temporary Injunction, # 11 Exhibit 8 - August 12 Order, # 12 Exhibit 9 - August 18, 2025 Order, # 13 Exhibit 10 - KCOA Order Denying Motion to Suspend or Stay, # 14 Exhibit 11 - KCOA Expedited Briefing Order, # 15 Exhibit 12 - September 8 Order, # 16 Exhibit B - Bart Verhulst Declaration, # 17 Exhibit C - Juan Acosta Declaration)(Tanner, Kyle) (Entered: 09/15/2025)

1 Exhibit List Index of Exhibits

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2 Exhibit A - Simon Declaration

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3 Exhibit List Index of Exhibits for Simon Declaration

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4 Exhibit 1 - Leavenworth Development Regulations

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5 Exhibit 2 - Ordinance No. 7911

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6 Exhibit 3 - Resolution No. B-2394

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7 Exhibit 4 - State Court Amended Petition

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8 Exhibit 5 - Memo ISO Motion for Temporary Restraining Order and Preliminary Inju

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9 Exhibit 6 - Reply Memorandum in Support of Plaintiff's Motion for Temporar

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10 Exhibit 7 - Temporary Injunction

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11 Exhibit 8 - August 12 Order

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12 Exhibit 9 - August 18, 2025 Order

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13 Exhibit 10 - KCOA Order Denying Motion to Suspend or Stay

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14 Exhibit 11 - KCOA Expedited Briefing Order

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15 Exhibit 12 - September 8 Order

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16 Exhibit B - Bart Verhulst Declaration

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17 Exhibit C - Juan Acosta Declaration

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MOTION for attorney Thomas A. Kissane to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6772700.) by Plaintiff CoreCivic, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Tanner, Kyle) (Entered: 09/16/2025)

MOTION for attorney Bradley D. Simon to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6772727.) by Plaintiff CoreCivic, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Tanner, Kyle) (Entered: 09/16/2025)

ORDER granting 14 and 15 Motions to Appear Pro Hac Vice of Thomas A. Kissane and Bradley D. Simon for CoreCivic, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 9/16/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (als) (Entered: 09/16/2025)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

NOTICE OF SCHEDULING HEARING: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Scheduling Conference set for 9/24/2025 at 09:30 AM in Topeka Courtroom 401 (TC) before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 09/17/2025)

ENTRY OF APPEARANCE by David Edward Waters on behalf of Griff Martin, Jermaine Wilson (Waters, David) (Entered: 09/17/2025)

ENTRY OF APPEARANCE by W. Joseph Hatley on behalf of Griff Martin, Jermaine Wilson (Hatley, W.) (Entered: 09/17/2025)

ENTRY OF APPEARANCE by Angus W. Dwyer on behalf of Griff Martin, Jermaine Wilson (Dwyer, Angus) (Entered: 09/17/2025)

Notice of Hearing

ENTRY OF APPEARANCE by Caleb Perry Phillips on behalf of Griff Martin, Jermaine Wilson (Phillips, Caleb) (Entered: 09/18/2025)

MOTION to Strike 12 MOTION for Preliminary Injunction and Declaratory Relief, 13 Memorandum in Support of Motion,,,, by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (Hatley, W.) (Entered: 09/18/2025)

MOTION for Order to Shorten Time for Plaintiff to Respond to Motion to Strike by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (Hatley, W.) (Entered: 09/18/2025)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 22 MOTION to Strike 12 MOTION for Preliminary Injunction and Declaratory Relief, 13 Memorandum in Support of Motion, 23 MOTION for Order to Shorten Time for Plaintiff to Respond to Motion to Strike. The motion will be resolved by the District Judge. (kf)

MEMORANDUM IN OPPOSITION by Plaintiff CoreCivic, Inc. re 22 MOTION to Strike 12 MOTION for Preliminary Injunction and Declaratory Relief, 13 Memorandum in Support of Motion,,,, Plaintiff CoreCivic's Opposition to Defendants' Motion to Strike CoreCivic's Motion for Preliminary Injunction and Declaratory Relief (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tanner, Kyle) (Entered: 09/22/2025)

INDEX OF EXHIBITS by Plaintiff CoreCivic, Inc. re 24 Memorandum in Opposition to Motion, . (Tanner, Kyle) (Entered: 09/22/2025)

REPLY TO RESPONSE TO MOTION by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson re: 22 Motion to Strike, (Hatley, W.) (Entered: 09/23/2025)

STATEMENT OF INTEREST by Interested Party United States. (Inkeles, John) (Entered: 09/23/2025)

City of Leavenworth, Kansas SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Leavenworth, Kansas, City of served on 9/8/2025, answer due 9/29/2025 (Tanner, Kyle) (Entered: 09/23/2025)

Mayor Holly Pittman SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Holly Pittman served on 9/15/2025, answer due 10/6/2025 (Tanner, Kyle) (Entered: 09/23/2025)

Mayor Pro Tem Nancy Bauder SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Nancy Bauder served on 9/15/2025, answer due 10/6/2025 (Tanner, Kyle) (Entered: 09/23/2025)

Edward T. Hingula SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Edd Hingula served on 9/8/2025, answer due 9/29/2025 (Tanner, Kyle) (Entered: 09/23/2025)

Jermaine A. Wilson SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Jermaine Wilson served on 9/15/2025, answer due 10/6/2025 (Tanner, Kyle) (Entered: 09/23/2025)

Griffin W. Martin SUMMONS RETURNED EXECUTED -- Personal Service by CoreCivic, Inc. upon Griff Martin served on 9/15/2025, answer due 10/6/2025 (Tanner, Kyle) (Entered: 09/23/2025)

MOTION for Extension of Time to File Response as to 12 MOTION for Preliminary Injunction and Declaratory Relief, 13 Memorandum in Support of Motion, (Conditional) by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (Hatley, W.) (Entered: 09/24/2025)

MINUTE ENTRY for proceedings held before District Judge Toby Crouse: SCHEDULING CONFERENCE held on 9/24/2025. The Court DENIES 22 Motion to Strike; and DENIES 23 Motion for Order to Shorten Time. The Court sets deadlines for filing any motion to dismiss and also sets a hearing on the Motion for Preliminary Injunction. Briefing Deadline set for 10/10/2025. Response deadline 10/31/2025. Reply deadline 11/7/2025. Preliminary Injunction/Motion Hearing set for 11/25/2025 at 03:00 PM in Topeka Courtroom 401 (TC) before District Judge Toby Crouse. (Court Reporter Kelli Stewart.) (ta) (Entered: 09/24/2025)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 34 MOTION for Extension of Time to File Response as to 12 MOTION for Preliminary Injunction and Declaratory Relief, 13 Memorandum in Support of Motion(Conditional). The motion will be resolved by the District Judge. (kf)

Motions No Longer Referred

Amended MOTION for Preliminary Injunction and Declaratory Relief by Plaintiff CoreCivic, Inc. (Tanner, Kyle) (Entered: 09/26/2025)

MEMORANDUM IN SUPPORT of 36 Amended MOTION for Preliminary Injunction and Declaratory Relief by Plaintiff CoreCivic, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Declaration of Bradley D. Simon, # 3 Exhibit B-Declaration of Bart Verhulst, # 4 Exhibit C-Declaraton of Juan Acosta)(Tanner, Kyle) (Entered: 09/26/2025)

ORDER denying as moot Docs. 12 and 34 . Plaintiff filed a motion for a preliminary injunction. Doc. 12. A hearing was held to set a briefing schedule and a preliminary injunction hearing. Doc. 35. Following that hearing, Plaintiff filed an amended motion for a preliminary injunction. Doc. 36. Accordingly, the original motion for a preliminary injunction, Doc. 12, is DENIED as moot because it has been superseded, and the motion for additional time to respond to it, Doc. 34, is DENIED as moot. Defendant's response to the amended motion for a preliminary injunction is due on or before October 10, 2025. Any reply shall be filed on or before November 7, 2025. Signed by District Judge Toby Crouse on 9/29/25. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 09/29/2025)

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Preliminary Injunction

MEMORANDUM IN OPPOSITION by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson re 36 Amended MOTION for Preliminary Injunction and Declaratory Relief (Attachments: # 1 Exhibit Exhibit A - CoreCivic Sept. 29, 2025 Press Release, # 2 Exhibit Exhibit B - CoreCivic 2024 10-K, # 3 Exhibit Exhibit C - Roberta Beier Declaration, # 4 Exhibit Exhibit D - CoreCivic Brief Filed in Kansas Court of Appeals, # 5 Exhibit Exhibit E - CoreCivic State Court Petition)(Hatley, W.) (Entered: 10/07/2025)

1 Exhibit Exhibit A - CoreCivic Sept. 29, 2025 Press Release

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2 Exhibit Exhibit B - CoreCivic 2024 10-K

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3 Exhibit Exhibit C - Roberta Beier Declaration

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4 Exhibit Exhibit D - CoreCivic Brief Filed in Kansas Court of Appeals

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5 Exhibit Exhibit E - CoreCivic State Court Petition

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INDEX OF EXHIBITS by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson re 36 Amended MOTION for Preliminary Injunction and Declaratory Relief (Memorandum in Opposition) (Hatley, W.) (Entered: 10/09/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Response deadline 10/31/2025) by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (Hatley, W.) (Entered: 10/10/2025)

MEMORANDUM IN SUPPORT of 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson (Attachments: # 1 Exhibit A - First Amended State Court Petition, # 2 Exhibit B - State Court Temporary Injunction, # 3 Exhibit C - CoreCivic Brief Filed in Kansas Court of Appeals)(Hatley, W.) (Entered: 10/10/2025)

MEMORANDUM IN OPPOSITION by Plaintiff CoreCivic, Inc. re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Tanner, Kyle) (Entered: 10/31/2025)

MEMORANDUM IN OPPOSITION by Plaintiff CoreCivic, Inc. re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Tanner, Kyle) (Entered: 10/31/2025)

MOTION to Strike 43 Memorandum in Opposition to Motion by Plaintiff CoreCivic, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Tanner, Kyle) (Entered: 11/03/2025)

ORDER granting 45 Motion to Strike or Withdraw Document 43. The Court directs the Court Clerk to withdraw and seal the document filed a ECF No. 43. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 11/3/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) (Entered: 11/03/2025)

Order on Motion to Strike

REPLY TO RESPONSE TO MOTION by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson re: 41 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, (Hatley, W.) (Entered: 11/07/2025)

REPLY to 37 Memorandum in Support of Motion, Applicatiion for Preliminary Injunction and Declaratory Relief by Plaintiff CoreCivic, Inc.. (Tanner, Kyle) (Entered: 11/07/2025)

ORDER. The undersigned Magistrate Judge communicated with counsel, via letter dated 11/20/2025, regarding deferred scheduling in this case. Having received no response, the Rule 16 conference will be postponed until after the pending Motion to Dismiss or, in the Alternative, to Stay (ECF No. 41) has been decided by the District Judge. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 11/12/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) (Entered: 11/12/2025)

Order

MOTION for Leave to FIle a Surreply on Defendants' Motion to Dismiss by Plaintiff CoreCivic, Inc. (Attachments: # 1 Exhibit Proposed Surreply in Response to Defendants' Reply on Motion to Dismiss) (Reinig, Jacob) (Entered: 11/19/2025)

1 Exhibit Proposed Surreply in Response to Defendants' Reply on Motion to Dis

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Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 50 MOTION for Leave to FIle a Surreply on Defendants' Motion to Dismiss. The motion will be resolved by the District Judge. (kf)

RESPONSE by Defendants Nancy Bauder, Edd Hingula, Leavenworth, Kansas, City of, Griff Martin, Holly Pittman, Jermaine Wilson re 50 Motion for Leave to File a Surreply (Hatley, W.) (Entered: 11/20/2025)

ORDER denying 50 Motion for Leave to FIle a Surreply on Defendants' Motion to Dismiss. Signed by District Judge Toby Crouse on 11/20/2025. (msb) (Entered: 11/20/2025)

ENTRY OF APPEARANCE by Christopher Allman on behalf of United States. (Allman, Christopher) (Entered: 11/20/2025)

ENTRY OF APPEARANCE by Ryan A. Kriegshauser on behalf of United States (Kriegshauser, Ryan) (Entered: 11/20/2025)

NOTICE of Appearance by United States (Kriegshauser, Ryan) (Entered: 11/20/2025)

ENTRY OF APPEARANCE by Bryan C. Clark on behalf of United States (Clark, Bryan) (Entered: 11/20/2025)