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13-032 - Theisen et al v. Stoddard County et al


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13-032 - Theisen et al v. Stoddard County et al
March 24, 2014
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that defendants' motions to dismiss [#43, #45] are denied. IT IS FURTHER ORDERED that: Plaintiffs must file a second amended complaint no later than April 18, 2014. The plaintiffs are advised that the new complaint must comply with the Federal Rules of Civil Procedure, especially Rules 8 and 10, and the Memorandum and Order dated June 27, 2013. No later than April 18, 2014, plaintiffs must also show cause in writing why the two unserved defendants, Missouri Department of Mental Health and Keith Schafer, should not be dismissed for lack of timely service in accordance with Rule 4(m), Fed. R. Civ. P. Finally, no later than April 18, 2014, plaintiffs must file any motion for appointment of next friend, accompanied by supporting affidavits and any other appropriate evidence ( Amended/Supplemental Pleadings due by 4/18/2014., Show Cause Response due by 4/18/2014.). Signed by District Judge Catherine D. Perry on 3/24/14. (MRS)
June 3, 2014
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Plaintiffs' motions for leave to proceed in forma pauperis [ECF Nos. 84, 86] are GRANTED. IT IS FURTHER ORDERED that Plaintiffs' motion for an extension of time to servedefendants Missouri Department of Mental Health and Keith Schafer, individually and as director [ECF No. 90] is GRANTED. Plaintiffs must serve these defendants no later than June 20, 2014. Signed by District Judge Catherine D. Perry on 6/3/14. (MRS)
July 29, 2014
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MEMORANDUM OPINION re:80 MOTION to Withdraw filed by Defendant Missouri State Police, 98 MOTION to Dismiss Party Missouri Department of Mental Health and Keith Schafer filed by Defendant Missouri Department of Mental Health, Defendant Keith Schafer, 106 MOTION for Leave to File Sur-Reply filed by Plaintiff Michael Theisen, Plaintiff Matthew Theisen, 76 MOTION to Dismiss Case filed by Defendant Missouri State Police. IT IS HEREBY ORDERED that the motion to dismiss filed by Missouri Department of Mental Health and Keith Schafer [#98] is GRANTED. IT IS FURTHER ORDERED that plaintiffs' motion for leave to file a surreply memorandum [#106] is DENIED as moot. IT IS FURTHER ORDERED that defendant Missouri State Highway Patrol's motion to withdraw its motion to dismiss plaintiff's amended complaint [#80] is GRANTED. IT IS FURTHER ORDERED that defendant Missouri State Highway Patrol's motion to dismiss [#76] is DENIED as moot. Signed by District Judge Catherine D. Perry on 7/29/14. (CSG)
August 26, 2014
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MEMORANDUM AND ORDER re:82 MOTION for Judgment on the Pleadings filed by Defendant Missouri State Police motion is GRANTED. Signed by District Judge Catherine D. Perry on 8/26/14. (MRS)
July 17, 2015
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that defendants motion to compel [#121] is granted in part (see order)Plaintiffs must produce all discovery ordered here no later than August 5, 2015. The motion is denied in all otherrespects. IT IS FURTHER ORDERED that plaintiffs Motion for Leave to file Sur-Reply [#130] is granted to the extent that the proposed Sur-Reply attached to the motion is deemed filed. IT IS FURTHER ORDERED that plaintiffs Motion for Continuance of deadlines [# 124] is granted in part, and an amended Case Management Order is entered separately. IT IS FURTHER ORDERED that the Order Referring Case to Alternative Dispute Resolution [# 115] is VACATED. IT IS FURTHER ORDERED that, pursuant to Rule 4(m), Fed. R. Civ. P., plaintiffs shall show cause in writing and no later than July 30, 2015, why their claims against all John and Jane Doe defendants should not be dismissed withoutprejudice for lack of timely service( Show Cause Response due by 7/30/2015.). Signed by District Judge Catherine D. Perry on 7/17/15. (MRS)
January 27, 2016
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs Ex Parte Motion [#141] is summarily denied. IT IS FURTHER ORDERED that the Clerk of Court shall place docket # 141 in the open court file as there was no valid basis for filing it either under seal or ex parte. IT IS FURTHER ORDERED that defendants motion to vacate the referral to ADR is granted. Signed by District Judge Catherine D. Perry on 1/27/16. (MRS) Modified on 1/27/2016 (MRS). (Main Document 142 replaced on 1/27/2016) (MRS).
February 3, 2016
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MEMORANDUM AND ORDER re:143 MOTION for Reconsideration re 142 Memorandum & Order, filed by Plaintiff Michael Theisen, Plaintiff Matthew Theisen motion is DENIED. Signed by District Judge Catherine D. Perry on 2/3/16. (MRS)
March 16, 2017
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs' motion for leave to file a third amended complaint [#179] is denied, but the Court concludes that the currently operative complaint includes claims against the defendants in their individual capacities.IT IS FURTHER ORDERED that plaintiffs must file any motion to dismiss claims or defendants with prejudice by Wednesday, March 22, 2017.IT IS FURTHER ORDERED that plaintiffs' must file any briefs in opposition to the pending motions for judgment on the pleadings and summary judgment by Wednesday, March 22, 2017. No further extensions will be allowed. Defendants may file additional reply briefs by Wednesday, March 29, 2017. IT IS FURTHER ORDERED that the Court will hold oral argument on the motions for judgment on the pleadings and summary judgment on Wednesday, April 5, 2017 at 11:00 a.m. This hearing will be on the record but by telephone. ( Motion Hearing set for 4/5/2017 11:00 AM by Telephone before District Judge Catherine D. Perry.) (see order). Signed by District Judge Catherine D. Perry on 3/16/17. (MRS)
May 11, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiffs' motion in limine 218 is denied to the extent it seeks to exclude evidence of plaintiffs mental condition and the fact that they have been found incompetent to stand trial and are confined at Fulton State Hospital, and is denied without prejudice as to Defendant's proposed Exhibit T. Signed by District Judge Catherine D. Perry on 5/11/2017. (CBL)