Case: Baker v. Florissant

4:16-cv-01693 | U.S. District Court for the Eastern District of Missouri

Filed Date: Oct. 31, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 31st, 2016, a group of Plaintiffs who had been jailed for their inability to pay fines owed to the City of Florissant, Missouri for traffic tickets or other minor municipal offenses, sued the City for this violation of due process in the U.S. District Court for the Eastern District of Missouri. The Plaintiffs are represented by the Advancement Project, ArchCity Defenders, Inc., and private counsel. The Plaintiffs sued the City of Florissant, MO under 42 U.S.C. § 1983 alleging violati…

On October 31st, 2016, a group of Plaintiffs who had been jailed for their inability to pay fines owed to the City of Florissant, Missouri for traffic tickets or other minor municipal offenses, sued the City for this violation of due process in the U.S. District Court for the Eastern District of Missouri. The Plaintiffs are represented by the Advancement Project, ArchCity Defenders, Inc., and private counsel. The Plaintiffs sued the City of Florissant, MO under 42 U.S.C. § 1983 alleging violations of the Fourth, Sixth, Eighth, and Fourteenth Amendments. The Plaintiffs alleged that the City held individuals in jail in “grotesque, dangerous, inhumane conditions" until all fines and fees set by the City are paid – usually by friends or relatives. Further, they alleged that the amount paid was arbitrarily and significantly reduced when the City recognizes that they are unable to profit from the plaintiffs' detention. Also, they alleged that the City issued and enforced arrest warrants for the plaintiffs' failure to appear in court or at the jail to pay their fines. They alleged that individuals were held in jail for days in inhumane conditions before they appeared before the judge. The Plaintiffs sought a declaratory judgment stating that the rights of Plaintiffs were violated by the City, injunctive relief permanently enjoining the City from enforcing these unconstitutional policies and practices, and compensatory relief for damages suffered as a result of the City’s unconstitutional and unlawful conduct, as well as payment of reasonable attorneys’ fees and costs. The case was assigned to Magistrate Judge Nannette A. Baker. Both parties consented to magistrate judge jurisdiction in November 2016.

This case was first referred to alternative dispute resolution (ADR) on June 1, 2017. The court continued to attempt to force the two parties to resolve this dispute through mediation throughout the rest of 2017 and most of 2018. On November 16, 2018, the parties agreed on a neutral mediator, James W. Reeves. Mediation seemed poised to start in early December 2018, but the order referring the case to ADR was vacated on December 6, 2018. During that same time, the defendants filed a motion to dismiss for failure to state a claim or alternatively to strike or for a more definite statement on January 13, 2017. The court denied this motion on December 11, 2017, with the court holding that the plaintiffs had filed a valid claim with the court. 2017 WL 6316736.

Throughout 2019, the case proceeded slowly, the defendants filed a motion for judgment on the pleadings for failure to join an indispensable party on March 16, 2019, which the court denied on August 12, 2019. 2019 WL 13062741. The parties also filed various requests to extend the deadlines to allow for the gathering of additional expert reports and additional data, repeatedly pushing back the end of discovery.

The Plaintiffs filed a motion for leave to file a second amended complaint on January 15, 2020, nearly three years after the initial deadline for amendment of pleadings. The Plaintiffs sought to “shore up” class definitions, clarify factual issues learned in discovery, and add a claim under a Missouri statute § 544.170 that requires those arrested without a warrant to be released within 24 hours. The Plaintiffs alleged that they were trying to make sure class categories match allegations in the complaint after receiving advice from an expert who helped them to sort through the information. They further alleged that the additional claim is similar enough to their initial claims that the defendants should have been given adequate notice and no additional discovery will be needed. On May 6, 2020, the court granted in part and denied in part the plaintiff’s motion to file a second amended complaint. 2020 WL 2198906. The court allowed plaintiffs to amend the complaint to correct demographic information on the plaintiffs and remove paragraphs no longer supported by the information revealed in discovery. However, the court denied the plaintiff's request to add an additional plaintiff as class representative, add claims under Missouri statute § 544.170, and reconfigure and add class categories, ruling that plaintiffs had failed to show “good cause” for why these amendments hadn’t taken place within the original window to amend. The Plaintiffs filed a motion for reconsideration of the court's ruling on May 7, 2020. 

Plaintiffs’ motion for reconsideration was granted in part and denied in part on February 25, 2021. 2021 WL 735679; 2021 WL 735680. The court denied plaintiff’s motion to reconsider the denial of leave to reconfigure and add class categories, but granted the motion to correct error in the dates submitted in an expert report.

On May 21, 2020, plaintiffs filed a motion for class certification. Class certification was granted in part and denied in part on February 1, 2023. 2023 WL 1434261. The court certified three classes under Federal Rules of Civil Procedure 23(b)(3). Modified Class 1 (Jailed Class) consisted of individuals who were held in the city jail for failure to pay fees without an indigency hearing or a finding that they were a flight risk or a danger to the community. Modified Class 3 (Jailed Class) consisted of individuals who were jailed on a Failure to Appear warrant without being brought before a judge for a first appearance or arraignment. Modified Class 4 (Narrowed Paid Fines Class) consisted of individuals who paid fines or fees to the City after being jailed on a warrant issued by the City and without an indigency hearing. 

A motion for settlement was filed on September 22, 2023. The settlement agreement would provide cash compensation to the three certified classes, as well as an additional “Remaining Paid Fines Class.” The Settlement Fund would be $2,890,000, used for Settlement Class Member Payments and attorney’s fees. Equitable relief in the settlement agreement includes that the City of Florissant must provide acknowledgement and confirmation that no bond schedules are utilized by the Florissant Police Department and jail to set conditions of release for arrested individuals, forgive all unpaid Minor Traffic Violation amounts assessed between October 31, 2011 and December 31, 2019 and still due, and provide all arrested individuals with access to indigency forms and counsel for individuals brought before the municipal judge.

On January 2, 2024, the court granted the certification of the additional Remaining Paid Fines Class for the purpose of settlement. 2024 WL 21468. The settlement conference was scheduled for May 13, 2024. 

Summary Authors

Tessa McEvoy (10/30/2020)

Alex Jarecki (2/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079052/parties/baker-v-city-of-florissant/


Judge(s)

Baker, Nannette E (Missouri)

Attorney for Plaintiff

Carroll, Nathaniel R. (Missouri)

Gold, Andrea R. (District of Columbia)

Attorney for Defendant

Bates, Rachel A (Missouri)

Behan, Lauren A (Missouri)

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Documents in the Clearinghouse

Document

4:16-cv-01693

Docket [PACER]

Baker v. City of Florissant

Aug. 24, 2020

Aug. 24, 2020

Docket
1

4:16-cv-01693

Class Action Complaint

Baker v. City of Florissant

Oct. 31, 2016

Oct. 31, 2016

Complaint
16

4:16-cv-01693

First Amended Class Action Complaint

Baker v. City of Florissant

Dec. 13, 2016

Dec. 13, 2016

Complaint
22

4:16-cv-01693

Motion to Dismiss First Amended Complaint

Jan. 13, 2017

Jan. 13, 2017

Pleading / Motion / Brief
54

4:16-cv-01693

Memorandum and Order

Baker v. City of Florissant

Dec. 11, 2017

Dec. 11, 2017

Order/Opinion

2017 WL 2017

159

4:16-cv-01693

Memorandum and Order

Baker v. City of Florissant

May 6, 2020

May 6, 2020

Order/Opinion

2020 WL 2020

253

4:16-cv-01693

Memorandum and Order

Feb. 1, 2023

Feb. 1, 2023

Order/Opinion

2023 WL 2023

289

4:16-cv-01693

Memorandum & Order

Jan. 2, 2024

Jan. 2, 2024

Order/Opinion

2024 WL 2024

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079052/baker-v-city-of-florissant/

Last updated Feb. 27, 2024, 12:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant City of Florissant with receipt number 0865-5655690, in the amount of $400 Jury Demand,, filed by Allison Nelson, Thomas Baker, Nicole Bolden, Sean Bailey, Meredith Walker. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Original Filing Form Original Filing Form, # 3 Waiver of Service Notice of Lawsuit and Request to Waive Service)(Harvey, Thomas) (Attachment 2 replaced on 11/1/2016) (MFG). (Attachment 3 replaced on 11/1/2016) (MFG). (Entered: 10/31/2016)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Original Filing Form Original Filing Form

View on PACER

3 Waiver of Service Notice of Lawsuit and Request to Waive Service

View on PACER

Oct. 31, 2016

Oct. 31, 2016

Clearinghouse
2

ENTRY of Appearance by Nathaniel Richard Carroll for Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
3

ENTRY of Appearance by Blake Alexander Strode for Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Strode, Blake) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

Case Opening Notification

Nov. 1, 2016

Nov. 1, 2016

PACER

Case Opening Notification: Waivers issued 1. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. Judge Assigned: Honorable Nannette A. Baker. (MFG)

Nov. 1, 2016

Nov. 1, 2016

PACER
4

ENTRY of Appearance by Edward James Hall for Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Hall, Edward) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
5

ENTRY of Appearance by Michael-John Voss for Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Voss, Michael-John) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
6

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
7

WAIVER OF SERVICE Returned Executed filed by Allison Nelson, Thomas Baker, Nicole Bolden, Sean Bailey, Meredith Walker City of Florissant waiver signed on 10/31/2016, answer due 12/30/2016. (Hall, Edward) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
8

ENTRY of Appearance by Blake Daniel Hill for Defendant City of Florissant. (Hill, Blake) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
9

FULL CONSENT has been received by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker, Defendant City of Florissant.. (GGB) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
10

RULE 16 ORDER This case is assigned to Track: 2-Standard Joint Scheduling Plan due by 12/7/2016. Rule 16 Conference set for 12/12/2016 10:30 AM before Magistrate Judge Nannette A. Baker. Signed by Magistrate Judge Nannette A. Baker on 11/29/16. (KJS) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
11

JOINT SCHEDULING PLAN by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. . (Hall, Edward) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
12

MOTION for Leave to Appear Pro Hac Vice Jeffrey D. Kaliel. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5714677) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Exhibit Bar Admissions list, # 2 Certificate of Good Standing Disctrict of Columbia)(Kaliel, Jeffrey) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
13

Docket Text ORDER: IT IS HEREBY ORDERED that attorney Jeffrey D. Kaliel's Verified Motion for Admission Pro Hac Vice is GRANTED. [Doc. 12.] Signed by Magistrate Judge Nannette A. Baker on December 12, 2016. (EMM) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
14

Minute Entry for proceedings held before Magistrate Judge Lewis M. Blanton: Rule 16 Conference held on 12/13/2016. Conference held in person. CMO to issue. (Court Reporter:none) (FTR Gold: No) (CLA) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
15

MOTION for Leave to Appear Pro Hac Vice Martin D. Quinones. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5718215) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (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
16

AMENDED COMPLAINT against defendant All Defendants Amendment to 1 Complaint,, filed by Allison Nelson, Thomas Baker, Nicole Bolden, Sean Bailey, Meredith Walker. Related document: 1 Complaint, filed by Meredith Walker, Nicole Bolden, Sean Bailey, Allison Nelson, Thomas Baker.(Hall, Edward) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

Clearinghouse
17

CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex) Motion to Join Parties due by 1/20/2017. Discovery Completion due by 12/29/2017. ADR Future Reference 6/1/2017. Dispositive Motions due by 3/26/2018. Jury Trial set for 8/20/2018 09:00 AM before Magistrate Judge Nannette A. Baker. Pretrial Conference set for 8/16/2018 11:00 AM before Magistrate Judge Nannette A. Baker. SEE ORDER for full details. Signed by Magistrate Judge Nannette A. Baker on 12/13/2016. (GGB) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
18

Docket Text ORDER: IT IS HEREBY ORDERED that attorney Martin D. Quinones' Verified Motion for Admission Pro Hac Vice is GRANTED. [Doc. 15.] Signed by Magistrate Judge Nannette A. Baker on December 14, 2016. (EMM) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
19

Consent MOTION for Extension of Time to File Answer re 16 Amended Complaint, by Defendant City of Florissant. (Hill, Blake) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
20

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant City of Florissant's Motion for Extension of Time to Respond to First Amended Complaint is GRANTED. [Doc. 19.] IT IS FURTHER ORDERED that Defendant shall file its Response to Plaintiffs' First Amended Complaint no later than January 13, 2017. Signed by Magistrate Judge Nannette A. Baker on December 22, 2016. (EMM) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
21

MOTION for Leave to File in Excess of Page Limitation by Defendant City of Florissant. (Hill, Blake) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
22

MOTION to Dismiss Case by Defendant City of Florissant. (Hill, Blake) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

Clearinghouse
23

MEMORANDUM in Support of Motion re 22 MOTION to Dismiss Case filed by Defendant City of Florissant. (Hill, Blake) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
24

MOTION for Extension of Time to File Response/Reply by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Hall, Edward) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
25

ORDER granting 24 Motion for Extension of Time to File Response (Response due by 2/17/2017); granting 21 Motion for Leave to File in Excess of Page Limitation. Signed by Magistrate Judge Nannette A. Baker on 1/18/2017. (ESF) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
26

ENTRY of Appearance by William A. Hellmich for Defendant City of Florissant. (Hellmich, William) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
27

NOTICE by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker Withdrawal of Attorney Martin D. Quinones (Kaliel, Jeffrey) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
28

MOTION for Leave to Appear Pro Hac Vice Lauren Kelleher. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5810153) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Certificate of Good Standing)(Kelleher, Lauren) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
29

Docket Text ORDER granting 28 MOTION for Leave to Appear Pro Hac Vice by Attorney Lauren Kelleher. Signed by Magistrate Judge Nannette A. Baker on 2/14/2017. (ESF) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
30

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Hall, Edward) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
31

RESPONSE in Opposition re 22 MOTION to Dismiss Case filed by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 02/19/2017)

Feb. 19, 2017

Feb. 19, 2017

RECAP
32

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to File in Excess of Page Limit is GRANTED. [Doc. 30.] Signed by Magistrate Judge Nannette A. Baker on February 21, 2017. (EMM) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
33

MOTION for Extension of Time to File Response/Reply as to 31 Response in Opposition to Motion (BY CONSENT) by Defendant City of Florissant. (Hill, Blake) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
34

ORDER granting 33 Motion for Extension of Time to File Reply. Reply due by 3/24/2017. Signed by Magistrate Judge Nannette A. Baker on 2/28/2017. (ESF) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
35

Consent MOTION for Extension of Time to File Response/Reply as to 31 Response in Opposition to Motion by Defendant City of Florissant. (Hill, Blake) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time to File Reply. Reply due by 3/31/2017. Signed by Magistrate Judge Nannette A. Baker on 3/27/2017. (ESF) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
37

REPLY to Response to Motion re 22 MOTION to Dismiss Case filed by Defendant City of Florissant. (Hill, Blake) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

RECAP
38

MOTION to Withdraw as Attorney ;attorney/firm Edward Hall by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Hall, Edward) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
39

ORDER granting 38 Motion to Withdraw as Attorney. Attorney Edward James Hall is withdrawn. Signed by Magistrate Judge Nannette A. Baker on 4/14/2017. (ESF) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
40

Joint MOTION for Leave to Schedule Telephone Status Conference by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
41

ORDER granting 40 Joint MOTION for Leave to Schedule Telephone Status Conference. IT IS HEREBY ORDERED that a telephone premotion conference is set on Monday, May 8, 2017 at 2:30 p.m. The Court will initiate the call. The parties must provide a phone number where they can be reached no later than Friday, May 5, 2017 at 5:00 p.m. Signed by Magistrate Judge Nannette A. Baker on 5/1/2017. (ESF) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
42

Minute Entry for proceedings held before Magistrate Judge Nannette A. Baker: StatusTelephone Conference held on 5/8/2017 in chambers. (Court Reporter:none)(FTR Gold Operator initials:none) (FTR Gold: No) (CLA) (Entered: 05/09/2017)

May 8, 2017

May 8, 2017

PACER
43

NOTICE Withdrawal of Appearance of Counsel: by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker (Kaliel, Jeffrey) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
44

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Blake Strode ADR Completion Deadline due by 8/1/2017. ADR Compliance Report Deadline due by 8/15/2017. Designation of Neutral/Conference Report due by 7/18/2017. Signed by Magistrate Judge Nannette A. Baker on 6/1/17. (CLA) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
45

NOTICE Supplemental Authority related to Plaintiffs' Opposition to Defendant's pending Motion to Dismiss: by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker re 31 Response in Opposition to Motion, 37 Reply to Response to Motion, 22 MOTION to Dismiss Case, 23 Memorandum in Support of Motion (Attachments: # 1 Exhibit Exhibit A - Webb et al. v. Maplewood - June 5, 2017 Order)(Carroll, Nathaniel) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
46

MOTION to Vacate ADR or Postpone Referral by Defendant City of Florissant. (Hellmich, William) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
47

RESPONSE to Motion re 46 MOTION to Vacate ADR or Postpone Referral filed by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Kaliel, Jeffrey) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
48

ORDER AMENDING REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Blake Strode ADR Completion Deadline due by 11/24/2017. ADR Compliance Report Deadline due by 12/8/2017. Designation of Neutral/Conference Report due by 11/10/2017. Signed by Magistrate Judge Nannette A. Baker on 6/27/17. (CLA) (Entered: 06/28/2017)

June 27, 2017

June 27, 2017

PACER
49

MOTION for Protective Order (by consent) by Defendant City of Florissant. (Attachments: # 1 Text of Proposed Order proposed consent protective order)(Hill, Blake) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
50

Docket Text ORDER: Re: 49 MOTION for Protective Order (by consent) by Defendant City of Florissant. (Attachments: # 1 Text of Proposed Order proposed consent protective order)(Hill, Blake) filed by City of Florissant ; ORDERED GRANTED NAB. Signed by Magistrate Judge Nannette A. Baker on 8/15/17. (CLA) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
51

PROTECTIVE ORDER. Signed by Magistrate Judge Nannette A. Baker on 8/15/17. (CLA) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER

Remark

Nov. 13, 2017

Nov. 13, 2017

PACER

***REMARK - Sent counsel an email reminding them that the: ADR DESIGNATION OF NEUTRAL/CONFERENCE REPORT was due on Nov. 10, 2017 (KJS)

Nov. 13, 2017

Nov. 13, 2017

PACER
52

Joint MOTION to Vacate ADR or Postpone ADR Deadline by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
53

ORDER AMENDING ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION: IT IS HEREBY ORDERED that the Order Amending Order Referring Case to Alternative Dispute Resolution of June 27, 2017 is AMENDED as follows: (SEE ORDER FOR DETAILS) ( ADR Completion Deadline due by 3/5/2018., ADR Compliance Report Deadline due by 3/19/2018., ADR Future Reference 1/5/2018., Designation of Neutral/Conference Report due by 2/20/2018.). Signed by Magistrate Judge Nannette A. Baker on 11/15/2017. (CLO) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
54

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant City of Florissants motion to dismiss, or alternatively to strike or for a more definite statement via repleading is DENIED. (Doc. No. 22 ). Signed by Magistrate Judge Nannette A. Baker on 12/11/17. (KJS) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

Clearinghouse
55

Consent MOTION for Extension of Time to File Answer re 54 Memorandum & Order, 16 Amended Complaint, by Defendant City of Florissant. (Hill, Blake) (Entered: 12/23/2017)

Dec. 23, 2017

Dec. 23, 2017

PACER
56

Docket Text ORDER: Defendant's Motion for Extension of Time for Answer [Doc. 55] ORDERED GRANTED. Defendant shall have until January 12, 2018 to respond to the Amended Complaint. Signed by Magistrate Judge Nannette A. Baker on December 27, 2017. (HEH) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
57

ENTRY of Appearance by Lauren A. Regan for Defendant City of Florissant. (Regan, Lauren) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
58

ANSWER to 16 Amended Complaint, by City of Florissant.(Hill, Blake) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
59

Joint MOTION to Amend/Correct 17 Case Management Order, by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
60

AMENDED CASE MANAGEMENT ORDER 59 Joint MOTION to Amend/Correct 17 Case Management Order, filed by Plaintiff Meredith Walker, Plaintiff Nicole Bolden, Plaintiff Sean Bailey, Plaintiff Allison Nelson, Plaintiff Thomas Baker ( Discovery Completion due by 10/31/2018., ADR Future Reference 4/30/2018., Dispositive Motions due by 1/30/2019., Jury Trial set for 6/17/2019 09:00 AM before Magistrate Judge Nannette A. Baker., Pretrial Conference set for 6/12/2018 11:00 AM before Magistrate Judge Nannette A. Baker.) Signed by Magistrate Judge Nannette A. Baker on 1/29/18. (CLA) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
61

ENTRY of Appearance by Rachel A. Bates for Defendant City of Florissant. (Bates, Rachel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
62

MOTION for Leave to Appear Pro Hac Vice Jonathan K. Tycko. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6372450) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Exhibit, # 2 Certificate of Good Standing)(Tycko, Jonathan) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
63

MOTION for Leave to Appear Pro Hac Vice Kyra A. Taylor. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6372486) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Certificate of Good Standing)(Taylor, Kyra) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
64

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice by Attorneys Jonathan Tycko and Kyra Taylor [Docs. 62 and 63] is ORDERED GRANTED. Signed by Magistrate Judge Nannette A. Baker on February 13, 2018. (HEH) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
65

THIRD ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Blake Strode ADR Completion Deadline due by 8/1/2018. ADR Compliance Report Deadline due by 8/15/2018. Designation of Neutral/Conference Report due by 5/21/2018. Signed by Magistrate Judge Nannette A. Baker on 4/30/18. (CLA) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
66

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker Neutral: Cohen, Robert S. Date of Conference: 07/18/2018 time: 9:00 A.M. Location: 500 N. Broadway, Suite 1800, St. Louis, MO 63102(Carroll, Nathaniel) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
67

NOTICE of Appointment of Neutral. Neutral name: Cohen, Robert S. Neutral selected by Parties. (cc: neutral)(KJS) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
68

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
69

Joint MOTION to Amend/Correct 65 Order Referring Case to ADR, 60 Case Management Order - Amended,, by Defendant City of Florissant. (Hill, Blake) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
70

ORDER AMENDING THIRD ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - This case is referred to: Mediation effective November 1, 2018. Designation of Lead Counsel: Blake Alexander Strode. ADR Completion Deadline due by 11/16/2018. ADR Compliance Report Deadline due by 11/30/2018. Designation of Neutral/Conference Report due by 11/1/2018. Signed by Magistrate Judge Nannette A. Baker on 7/17/18. (KJS) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
71

Joint MOTION for Extension of: Expert Deadlines for 60 Days by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Tycko, Jonathan) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
72

SECOND AMENDED CASE MANAGEMENT ORDER - IT IS HEREBY ORDERED that the parties Joint Motion to Extend Expert Deadlines for 60 Days [Doc. No. 71 ] is GRANTED. (See Order For Details) ( Discovery Completion due by 12/30/2018.). Signed by Magistrate Judge Nannette A. Baker on 08/02/2018. (AAS) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
73

MOTION for Leave to Appear Pro Hac Vice Andrea R. Gold. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6690576) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Exhibit, # 2 Certificate of Good Standing)(Gold, Andrea) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
74

Docket Text ORDER: IT IS HEREBY ORDERED that the 73 MOTION for Leave to Appear Pro Hac Vice filed by Andrea R. Gold is GRANTED. Signed by Magistrate Judge Nannette A. Baker on 8/13/2018. (GGB) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
75

MOTION to Withdraw by Defendant City of Florissant. (Regan, Lauren) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
76

Docket Text ORDER: Motion to Withdraw as Co-Counsel filed by Lauren Regan (Doc. 75) is ORDERED GRANTED. Signed by Magistrate Judge Nannette A. Baker on September 10, 2018. (HEH) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
77

Joint MOTION for Extension of: Case Deadlines by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Tycko, Jonathan) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
78

THIRD AMENDED CASE MANAGEMENT ORDER - (See Order For Details) ( Discovery Completion due by 2/13/2019., Dispositive Motions due by 5/13/2019., Jury Trial set for 11/18/2019 09:00 AM in Courtroom 13N before Magistrate Judge Nannette A. Baker., Pretrial Conference set for 11/12/2019 11:00 AM in Courtroom 13N before Magistrate Judge Nannette A. Baker.). Signed by Magistrate Judge Nannette A. Baker on 10/02/2018. (AAS) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
79

MOTION to Vacate ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION by Defendant City of Florissant. (Hellmich, William) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
80

Docket Text ORDER: Re: 79 Defendant City of Florissant's MOTION to Vacate the ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION is ORDERED DENIED. The parties are expected to comply with the Order Amending Third Order Referring Case to Alternative Dispute Resolution (Doc. 70), entered on July 17, 2018. Signed by Magistrate Judge Nannette A. Baker on November 7, 2018. (HEH) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
81

Electronic Notice of Noncompliance to Review of case shows the Designation of Neutral/ADR conference report has not been filed. A written motion requesting an extension of the designation of neutral/ADR conference report filing deadline must be filed with the court within 5 days. Notice only, no.pdf attached.(AAS) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
82

Joint MOTION to Amend/Correct 80 Docket Text Order, 70 Order Referring Case to ADR, 81 Electronic Notice of Noncompliance - Designation of Neutral/Conference Report, by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
83

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker Neutral: Reeves, James W. Date of Conference: 12/12/2018 time: 9am Location: USAM - 500 N. Broadway, Suite 1800, Saint Louis, Missouri 63102(Carroll, Nathaniel) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
84

NOTICE of Appointment of Neutral. Neutral name: Reeves, James W. Neutral selected by Parties (cc:neutral) (AAS) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
85

MOTION to Withdraw as Attorney ;attorney/firm Nathaniel R. Carroll by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Carroll, Nathaniel) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
86

MOTION to Amend/Correct Third Case Management Order by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Voss, Michael-John) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
87

ENTRY of Appearance by John McCann Waldron for Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Waldron, John) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
88

RESPONSE to Motion re 86 MOTION to Amend/Correct Third Case Management Order filed by Defendant City of Florissant. (Hellmich, William) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
89

Docket Text ORDER: Re: 85 MOTION to Withdraw as Attorney by Nathaniel R. Carroll is ORDERED GRANTED. Signed by Magistrate Judge Nannette A. Baker on December 3, 2018. (HEH) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
90

ORDER SETTING STATUS CONFERENCE IT IS HEREBY ORDERED that counsel for the parties shall appear at a telephone status conference to discuss the Motion to Amend the Case Management Order (Doc. 86) on Thursday, December 6, 2018, at 11:00 a.m., in the chambers of the undersigned. The parties are directed to call in to the status conference at the scheduled time using the following information: DIAL IN (866) 434-5269, ACCESS CODE 5487605. Telephone Conference set for 12/6/2018 11:00 AM in Telephone before Magistrate Judge Nannette A. Baker. Signed by Magistrate Judge Nannette A. Baker on 12/3/18. (CLA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
91

ORDER EXTENDING THE AMENDED THIRD ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION IT IS HEREBY ORDERED that the parties Joint Motion to Amend Third Order Referring Case to Alternative Dispute Resolution [Doc. 82] is GRANTED. IT IS FURTHER ORDERED that the Amended Third Order Referring Case to Alternative Dispute Resolution of July 17, 2018, is AMENDED as follows: (b) Conduct of ADR Conference(s): The ADR conference(s) shall be conducted in accordance with the procedures outlined in E.D.Mo. L.R. 6.01 - 6.05. (c) Scheduling ADR Conference(s): The ADR conference(s) shall be concluded before December 12, 2018, unless extended by order of the Court.Designation of Lead Counsel: Blake Alexander Strode is designated as lead counsel and shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time, and, if necessary, location for the initial ADR conference. (e) Responsibilities of Lead Counsel: The parties have changed their selection of neutral to James Reeves in this case. [Doc. 82]. Not later than December 10, 2018, lead counselshall notify the clerk if the agreed choice of neutral selected by the parties has changed, as well as the date, time and location of the ADR Conference (see Designation of Neutral/ADR Conference Report form, www.moed.uscourts.gov, ADR, forms). Lead counsel shall send a copy of this order to the neutral. All other provisions of the Third Order Referring Case to Alternative Dispute Resolution of April 30, 2018, and the remaining deadlines set forth in the Amended CaseManagement Order of January 29, 2018, remain in full force and effect. 82 80 70 81 ( ADR Completion Deadline due by 12/12/2018.) Signed by Magistrate Judge Nannette A. Baker on 12/3/18. (CLA) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
92

MOTION for Hearing Pursuant to Local Rule 16-6.02(B)(2) by Plaintiffs Sean Bailey, Thomas Baker, Nicole Bolden, Allison Nelson, Meredith Walker. (Attachments: # 1 Exhibit Exhibit 1)(Voss, Michael-John) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
93

ORDER VACATING REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION IT IS HEREBY ORDERED that the Third Order Referring Case to Alternative Dispute Resolution, and its amendment [Docs. 70 and 91] are VACATED, and the mediation set for December 12, 2018, is cancelled.IT IS FURTHER ORDERED that Plaintiffs Motion for Hearing Pursuant to Local Rule 16-6.02(B)(2) [Doc. 92] is DENIED as moot. 92 Signed by Magistrate Judge Nannette A. Baker on 12/6/18. (CLA) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
94

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Nannette A. Baker: Status Conference held on 12/6/2018 by telephone. (proceedings started: 11:00) (proceedings ended: 11:46) (CLA) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
95

FOURTH AMENDED CASE MANAGEMENT ORDER - IT IS HEREBY ORDERED that the Amended Case Management Order of January 29, 2018, the Second Amended Case Management Order of August 2, 2018, as well as the Third Amended Case Management Order of October 2, 2018, are AMENDED as follows: (See order for full details.) ( Discovery Completion due by 10/4/2019., Dispositive Motions due by 12/13/2019., Jury Trial set for 6/22/2020 09:00 AM before Magistrate Judge Nannette A. Baker., Pretrial Conference set for 6/16/2020 11:00 AM before Magistrate Judge Nannette A. Baker.) Signed by District Judge Jean C. Hamilton on 12/7/18. (KJS) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
96

ENTRY of Appearance by John Michael Reeves, Jr for Defendant City of Florissant. (Reeves, John) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 31, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of impoverished Missourians who were jailed by the City of Florissant because they were unable to make a monetary payment to the City

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ArchCity Defenders

Advancement Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Florissant, Missouri (St. Louis), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Excessive bail/fines

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities