Case: Whitner v. City of Pagedale

Whitner v. Pagedale

U.S. Department of Justice

Institute for Justice

Fines & Fees Justice Center

COMPLAINT against defendant All Defendants with receipt number 0865-5119848, in the amount of $400 Non-Jury Demand,, filed by Valarie Whitner, Mildred Bryant, Vincent Blount. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons Pagedale City Clerk, # 4 Summons Pagedale City Attorney)(Maurer, William) (Entered: 11/04/2015)

1 Civil Cover Sheet

View on PACER

2 Original Filing Form

View on PACER

3 Summons Pagedale City Clerk

View on PACER

4 Summons Pagedale City Attorney

View on PACER

NOTICE OF PROCESS SERVER by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner Process Server: Markell & Associates, Inc. (Maurer, William) (Entered: 11/04/2015)

MOTION for Leave to Appear Pro Hac Vice William R. Maurer. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5119924) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing for William Maurer)(Maurer, William) (Entered: 11/04/2015)

1 Certificate of Good Standing for William Maurer

View on PACER

ENTRY of Appearance by J. Bennett Clark for Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Clark, J.) (Entered: 11/04/2015)

Case Opening Notification

SUMMONS Returned Executed filed by Valarie Whitner, Mildred Bryant, Vincent Blount. City of Pagedale served on 11/4/2015, answer due 11/25/2015. (LGK) (Entered: 11/06/2015)

MEMORANDUM Proof of Service Noting Service of Complaint to Missouri Attorney General by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 11/05/2015)

MOTION for Leave to Appear Pro Hac Vice: Joshua House. The Certificate of Good Standing was attached (Filing fee $100 receipt number 53455) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing)(CAR) (Entered: 11/09/2015)

1 Certificate of Good Standing

View on PACER

Receipt

Receipt

ENTRY of Appearance by Michael Brendan Lanahan for Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Lanahan, Michael) (Entered: 11/09/2015)

Docket Text ORDER: Re: 8 MOTION for Leave to Appear Pro Hac Vice: Joshua House. The Certificate of Good Standing was attached (Filing fee $100 receipt number 53455) by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Certificate of Good Standing)(CAR) filed by Valarie Whitner, Mildred Bryant, Vincent Blount ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 11/10/15. (LGK) (Entered: 11/10/2015)

A Docket Text Order

Docket Text ORDER: Re: 3 MOTION for Leave to Appear Pro Hac Vice William R. Maurer filed by Valarie Whitner, Mildred Bryant, Vincent Blount; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 11/17/15. (CAR) (Entered: 11/17/2015)

A Docket Text Order

ENTRY of Appearance by Timothy J. Reichardt for Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 11/25/2015)

Entry of Appearance

ENTRY of Appearance by Joseph C. Vitale for Defendant City of Pagedale. (Vitale, Joseph) (Entered: 11/25/2015)

MOTION for Extension of: Time by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 11/25/2015)

ENTRY of Appearance by Andrew T. Tangaro for Defendant City of Pagedale. (Tangaro, Andrew) (Entered: 11/30/2015)

Docket Text ORDER: as to City of Pagedale Re: 14 MOTION for Extension of: Time by Defendant City of Pagedale. (Vitale, Joseph) filed by City of Pagedale ; ORDERED GRANTED, City of Pagedale answer due 12/7/2015.. Signed by District Judge Rodney W. Sippel on 11/30/15. (LGK) (Entered: 11/30/2015)

Remark

~Util - Set Deadlines/Hearings AND A Docket Text Order

ANSWER to 1 Complaint, by City of Pagedale.(Vitale, Joseph) (Entered: 12/07/2015)

MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/07/2015)

MEMORANDUM in Support of Motion re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/07/2015)

MEMORANDUM in Opposition re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Main Document 20 replaced on 12/15/2015) (LGK). (Entered: 12/14/2015)

MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/21/2015)

MEMORANDUM in Support of Motion re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/21/2015)

First MOTION for Extension of: Time by Consent by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 12/21/2015)

REPLY to Response to Motion re 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Vitale, Joseph) (Entered: 12/22/2015)

Docket Text ORDER: Re: 23 First MOTION for Extension of: Time by Consent by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) filed by Valarie Whitner, Mildred Bryant, Vincent Blount ; ORDERED GRANTED.. Signed by District Judge Rodney W. Sippel on 12/22/15. (LGK) (Entered: 12/22/2015)

A Docket Text Order

MEMORANDUM in Opposition re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 01/08/2016)

REPLY to Response to Motion re 21 MOTION to Dismiss :Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint filed by Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 01/21/2016)

ORDER denying 18 MOTION to Strike Class Allegations from Plaintiffs' Civil Rights Class Action Complaint filed by City of Pagedale. Signed by District Judge Rodney W. Sippel on 1/22/16. (CAR)

RULE 16 ORDER This case is assigned to Track: PTRACK 2 - STANDARD Joint Scheduling Plan due by 3/17/2016. Rule 16 Conference set for 3/24/2016 09:30 AM in Chambers before District Judge Rodney W. Sippel.. Signed by District Judge Rodney W. Sippel on 2/24/16. (LGK) (Entered: 02/24/2016)

NOTICE by Defendant City of Pagedale of Withdrawal of Appearance (Vitale, Joseph) (Entered: 03/04/2016)

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant City of Pagedale's Motion to Dismiss Count IV and Plaintiff Mildred Bryant's Claims from Plaintiffs' Civil Rights Class Action Complaint # 21 , as construed in part as a motio n for judgment on the pleadings pursuant to Rule 12(c), is GRANTED IN PART and DENIED IN PART. Count IV of Plaintiffs' Complaint is dismissed. Defendant's Motion is otherwise denied. Signed by District Judge Rodney W. Sippel on 3/10/16. (ARL)

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(f) FEDERAL RULES OF CIVIL PROCEDURE. (Maurer, William) (Entered: 03/16/2016)

Docket Text ORDER: re 30 NOTICE by Defendant City of Pagedale of Withdrawal of Appearance ; ORDERED GRANTED. Attorney Joseph C. Vitale terminated. Signed by District Judge Rodney W. Sippel on 3/17/16. (ARL) (Entered: 03/17/2016)

~Util - Add and Terminate Attorneys AND A Docket Text Order

ORDER : IT IS HEREBY ORDERED that a class certification scheduling conference is set for June 16, 2016 at 10:00 a.m. in Courtroom 16 South. Parties shall file a joint proposed class certification schedule no later than June 9, 2016. Signed by District Judge Rodney W. Sippel on 3/24/16. (ARL) (Entered: 03/24/2016)

CASE MANAGEMENT ORDER This case is assigned to Track: 2. Motion to Join Parties due by 5/27/2016. Discovery Completion due by 12/16/2016. ADR Future Reference 9/1/2016. Dispositive Motions due by 1/20/2017. Jury Trial set for 6/12/2017 09:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 3/24/16. (ARL) (Entered: 03/24/2016)

ENTRY of Appearance by Ryan M. Hyde for Defendant City of Pagedale. (Hyde, Ryan) (Entered: 06/09/2016)

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Class Certification (Proposed). (Maurer, William) (Entered: 06/09/2016)

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Class Certification Scheduling Conference held on 6/16/2016. Order to follow. (Court Reporter:Shannon White.) (FTR Gold: No.) (CAR) (Entered: 06/16/2016)

CASE MANAGEMENT ORDER CLASS CERTIFICATION ISSUES: IT IS HEREBY ORDERED that the following schedule shall apply to the class certification issues in this case and will be modified only upon a showing of exceptional circumstances: (see order for details) Discovery Completion due by 7/11/2016. Class Certification Hearing set for 10/11/2016 10:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 6/16/2016. (KMS) (Entered: 06/16/2016)

TRANSCRIPT of 38 (STATUS CONFERENCE) held on 6/16/16 before Judge Rodney W. Sippel. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/4/2016. (LGK) (Entered: 07/06/2016)

Joint MOTION to Amend/Correct Class Certification Case Management Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 07/22/2016)

ORDER : IT IS HEREBY ORDERED that the parties' joint motion to modify the class certification case management order 41 is GRANTED. The deadlines set in the existing class certification case management order 39 are vacated. IT IS FURTHER ORDERED that the deadline for motions to compel on class certification discovery issues is August 19, 2016. An amended class certification scheduling conference will be set at a later date to schedule the remaining deadlines. Signed by District Judge Rodney W. Sippel on 7/27/16. (ARL) (Entered: 07/27/2016)

ORDER: IT IS HEREBY ORDERED that an amended class certification scheduling conference will be held on Thursday, September 15, 2016 at 2:30 p.m. in Courtroom 16-South. Local counsel must attend in person. Out-of-town counsel who wish to participate by telephone must file a motion asking to do so no later than September 9, 2016. IT IS FURTHER ORDERED that the parties shall submit a joint proposed amended class certification scheduling plan no later than September 9, 2016. Signed by District Judge Rodney W. Sippel on 8/1/16. (CAR) (Entered: 08/01/2016)

MOTION to Compel Discovery Responses by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/19/2016)

MEMORANDUM in Support of Motion re 44 MOTION to Compel Discovery Responses filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Affidavit Declaration of Joshua House in Support of Plaintiffs' Motion to Compel Discovery Responses)(Maurer, William) (Entered: 08/19/2016)

1 Affidavit Declaration of Joshua House in Support of Plaintiffs' Motion to C

View on PACER

MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/26/2016)

MEMORANDUM in Support of Motion re 46 MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 08/26/2016)

First MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Compel Discovery Responses by Defendant City of Pagedale. (Hyde, Ryan) (Entered: 08/26/2016)

RESPONSE to Motion re 46 MOTION to Vacate Deadline for Plaintiffs' Expert Disclosure and Report and to Shorten Time for Defendant's Response filed by Defendant City of Pagedale. (Hyde, Ryan) (Entered: 08/26/2016)

ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion to Vacate Deadline for Plaintiffs' Expert Disclosure and Report # 46 is GRANTED. New deadlines will be discussed at the September 15, 2016 scheduling conference. IT IS FURTHER ORDERED that Defendant's Motion for Extension to Respond to Plaintiffs' Motion to Compel # 48 is GRANTED. Defendant's response must be filed no later than August 30, 2016. IT IS FURTHER ORDERED that the parties should be prepared to discuss Plaintiffs' motion to compel 44, the class certification schedule, and the general case management order at the September 15, 2016 scheduling conference.. Signed by District Judge Rodney W. Sippel on 8/29/16. (LGK) (Entered: 08/29/2016)

MEMORANDUM in Opposition re 44 MOTION to Compel Discovery Responses filed by Defendant City of Pagedale. (Reichardt, Timothy) (Entered: 08/30/2016)

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: J. Bennett Clark ADR Completion Deadline due by 10/31/2016. ADR Compliance Report Deadline due by 11/14/2016. Designation of Neutral/Conference Report due by 9/22/2016.. Signed by District Judge Rodney W. Sippel on 9/2/16. (LGK) (Entered: 09/02/2016)

REPLY to Response to Motion re 44 MOTION to Compel Discovery Responses filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 09/02/2016)

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Amended Class Certification Schedule (Proposed). (Maurer, William) (Entered: 09/09/2016)

MOTION for Leave to Appear by Telephone by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 09/09/2016)

ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion for Out-of-Town Counsel to Appear by Telephone # 55 at the conference scheduled for September 15, 2016, at 2:30 p.m. is GRANTED. Plaintiffs' out-of-town counsel should call my chambers at 314-244-7430 to be connected to the courtroom for the conference. All other counsel must appear in person. Signed by District Judge Rodney W. Sippel on 9/12/16. (LGK) (Entered: 09/12/2016)

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 9/15/2016. Discussion held between Court and counsel on motion to compel 44, and scheduling. Order to issue. (Court Reporter:Debbie Kriegshauser) (FTR Gold: No) (LGK) (Entered: 09/15/2016)

ORDER: In accordance with and for the reasons stated on the record at the September 15, 2016 hearing in this matter, IT IS HEREBY ORDERED that Plaintiffs Motion to Compel Discovery Responses # 44 is GRANTED in part and DENIED in part. Discovery will proceed as stated on the record. IT IS FURTHER ORDERED that the parties shall confer on dates for the next hearing in this matter and jointly submit a written notice with suggested dates no later than Monday, September 19, 2016. Signed by District Judge Rodney W. Sippel on 9/16/16. (CAR) (Entered: 09/16/2016)

NOTICE of Parties Suggesting Hearing Dates Regarding Discovery: by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner (Maurer, William) (Entered: 09/19/2016)

ORDER: IT IS HEREBY ORDERED that a status and scheduling conference in this matter will be held on Tuesday, October 4, 2016 at 2:00 p.m. in Courtroom 16 South. The parties should be prepared to update the Court on the discovery issues discussed at the last conference and to set an amended class certification schedule. IT IS FURTHER ORDERED that the parties shall submit a joint proposed amended class certification scheduling plan no later than September 30, 2016. Status Conference set for 10/4/2016 02:00 PM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 9/20/16. (ARL) (Entered: 09/20/2016)

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner Neutral: Limbaugh Sr., Stephen N. Date of Conference: October 11, 2016 time: 1:00PM Location: U.S. Arbitration & Mediation Office, 500 N. Broadway, Suite 1800, Saint Louis, Missouri 63102(Maurer, William) (Entered: 09/22/2016)

NOTICE of Appointment of Neutral. Neutral name: Limbaugh Sr., Stephen N. Neutral selected by parties (Copy of notice emailed to neutral)(LGK) (Entered: 09/23/2016)

MOTION for Leave to Withdraw by Defendant City of Pagedale. (Tangaro, Andrew) (Entered: 09/27/2016)

Docket Text ORDER: Re: 63 MOTION for Leave to Withdraw filed by City of Pagedale; ORDERED GRANTED. Attorney Andrew T. Tangaro terminated. Signed by District Judge Rodney W. Sippel on 9/28/16. (CAR) (Entered: 09/28/2016)

~Util - Add and Terminate Attorneys AND A Docket Text Order

JOINT SCHEDULING PLAN by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. Regarding Amended Class Certification Schedule (Proposed). (Maurer, William) (Entered: 09/30/2016)

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 10/4/2016. Discussion held. ( Status Conference set for 11/3/2016 02:00 PM in Courtroom 16S before District Judge Rodney W. Sippel.) (Court Reporter: Shannon White) (ARL) (Entered: 10/04/2016)

ORDER: IT IS HEREBY ORDERED that a discovery status conference will be held in this matter on Thursday, November 3, 2016 at 2:00 p.m. in Courtroom 16-South. Discovery will proceed as stated on the record at the status conference held on October 4, 2016. Signed by District Judge Rodney W. Sippel on 10/5/16. (CAR) (Entered: 10/05/2016)

ADR COMPLIANCE REPORT by Neutral: Limbaugh Sr., Stephen N.. Date of Conference: October 11, 2016. The parties participated in good faith. The parties did not achieve a settlement.(KXS) (Entered: 10/17/2016)

TRANSCRIPT of 66 (STATUS HEARING) held on 10/4/16 before Judge Rodney W. Sippel. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 1/31/2017. (CAR) (Entered: 11/02/2016)

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 11/3/2016. Order to issue. (Court Reporter:Shannon White) (FTR Gold: No) (CAR) (Entered: 11/04/2016)

AMENDED CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the remaining deadlines set in the case management order for this case 35 are vacated. IT IS FURTHER ORDERED that the parties shall file a proposed protective order(s) to be entered in this case no later than November 10, 2016. See Order for schedule regarding class certification issues. A Class Certification Hearing is set for 5/18/2017 at 10:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 11/4/16. (CAR) (Entered: 11/04/2016)

MOTION for Protective Order by Defendant City of Pagedale. (Attachments: # 1 Exhibit Ex. A - Defendant's Proposed Protective Order)(Hyde, Ryan) (Entered: 11/10/2016)

1 Exhibit Ex. A - Defendant's Proposed Protective Order

View on PACER

MOTION for Protective Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 11/10/2016)

MEMORANDUM in Support of Motion re 73 MOTION for Protective Order filed by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Attachments: # 1 Exhibit [[Plaintiffs' Proposed]] Protective Order)(Maurer, William) (Entered: 11/10/2016)

1 Exhibit [[Plaintiffs' Proposed]] Protective Order

View on PACER

PROTECTIVE ORDER. Signed by District Judge Rodney W. Sippel on 11/15/16. (LGK) (Entered: 11/15/2016)

MOTION to Vacate Amended Case Management Order by Plaintiffs Vincent Blount, Mildred Bryant, Valarie Whitner. (Maurer, William) (Entered: 02/09/2017)

ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Vacate Amended Case Management Order 76 is GRANTED. The deadlines set in the amended case management order for this case 71 are vacated. IT IS FURTHER ORDERED that a status conference is set in this matter for March 20, 2017 at 10:00 a.m. in Courtroom 16 South. Signed by District Judge Rodney W. Sippel on 2/10/17. (ARL) (Entered: 02/10/2017)

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 3/20/2017. Order to follow. (Court Reporter:Shannon White) (FTR Gold: No) (CAR) (Entered: 03/20/2017)

AMENDED CASE MANAGEMENT ORDER. This action is set for a Class Certification Hearing on December 19, 2017 at 9:30 a.m. in Courtroom 16-South before District Judge Rodney W. Sippel. See Order for additional deadlines. Signed by District Judge Rodney W. Sippel on 3/20/17. (CAR) (Entered: 03/20/2017)

Entry of Appearance

Motion to Substitute Attorney

Docket Text Order

~Util - Add and Terminate Attorneys AND A Docket Text Order

Transcript

Transcript

Motion to Compel

Memorandum in Support of Motion

Entry of Appearance

Memorandum in Opposition to Motion

Motion to Certify Class