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05-028 - Jones v. Roper et al


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05-028 - Jones v. Roper et al
August 18, 2005
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Holden, Kempker, Lombardi, Long, Cassady, Purkett, McCondichie, Counts, Huffman-Philip, Walker, Henderson, Hufford and Miller because the claims against these defendants are legally frivolous or fail to state a claim upon which relief may be granted or both. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Roper, Prichette, Fish and Brown. IT IS FURTHER ORDERED that defendants Roper, Prichette, FIsh and Brown shall reply to the remaining claims against them within the time provided. IT IS FURTHER ORDERED that this case is assigned to Track 5B. Signed by Judge Catherine D. Perry on 8/18/05. (BAK, )
September 19, 2006
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MEMORANDUM AND ORDER:... IT IS HEREBY ORDERED that defendants Sherry Fish and Sandra Cachat's motion to dismiss, doc.#17 is granted. IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 4(m), this action is dismissed, without prejudice, as to defendant Darin Brown [Darin Brown terminated].IT IS FINALLY ORDERED that plaintiff shall, within fourteen (14) daysof the date of this order, file appropriate motions for entry of default and for default judgment against defendant Scott Roper, supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration. Failure to comply with this order may result in dismissal without prejudice [Response to Court due by 10/3/2006]. Signed by Judge Catherine D. Perry on 9/19/2006. (BDC)
January 23, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Roper's motion to set asidedefault judgment [#38] is granted, and both the judgment entered on December 6and the Clerk's entry of default on October 5, 2006 are VACATED.IT IS FURTHER ORDERED that Defendant Roper shall file hisresponsive pleading by February 12, 2007.IT IS FINALLY ORDERED that all other pending motions are denied asmoot. Case reopened.Signed by Judge Catherine D. Perry on January 23, 2007. (MCB)
May 24, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Jones's motion for appointment of counsel [#59] is denied. IT IS FURTHER ORDERED that Jones's motion for an extension of time to file his reply to Roper's answer [#58] is denied. IT IS FINALLY ORDERED that plaintiff Jones' motion for summaryjudgment [#62] is denied. I will enter a Case Management Order separately today. Signed by Judge Catherine D. Perry on 5/24/2007. (JMW)
October 2, 2007
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MEMORANDUM AND ORDER re:67 MOTION to Appoint Counsel filed by Eugene Kenneth Jones,, 83 MOTION to Appoint Counsel filed by Eugene Kenneth Jones,, 89 MOTION to Substitute Attorney/Law Firm ;attorney or firm Jason S. Retter ;substituted for:Denise L. Thomas filed by Scott Roper, motions are GRANTED. IT IS HEREBY ORDERED that plaintiff's motions for appointment ofcounsel [# 67, #83] are granted, and attorney James G. Krispin, 8000 MarylandAve., Suite 750, Clayton MO 63105, telephone number (314)721-2060, isappointed to represent plaintiff in this matter, and the Clerk will provide appointedcounsel with copies of the complete case file without charge.IT IS HEREBY ORDERED that defendant's motion to substitute counsel[#89] is granted, and all other pending motions are denied as moot. IT IS FURTHER ORDERED that the Court will hold a telephone statusconference with both counsel on November 6, 2007 at 1:00 p.m. The Court willplace the call. Attorney James G. Krispin for Eugene Kenneth Jones added. Telephone Conference set for 11/6/2007 01:00 PM in Telephone before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on October 2, 2007. (Copy of Memorandum and Order sent to:Eugene Kenneth Jones,#180162,SECC,Southeast Correctional Center,300 E. Pedro Simmons Drive,Charleston, MO 63834 this date. Complete copy of case file will be sent via US Mail to appointed counsel on Wednesday, October 3, 2007.)(MCB)
April 1, 2008
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MEMORANDUM AND ORDER. ORDERED that defendant Scott Roper's motion for summary judgment 103 is granted in part and denied in part. Jones's First Amendment retaliation claim is dismissed, but his claims under the Eighth Amendment and Missouri state law remain pending. Signed by Honorable Catherine D. Perry on 4/1/08. (KLH)
June 27, 2008
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MEMORANDUM AND ORDER. ORDERED that defendant's motion for judgment as a matter of law, or alternatively, for a new trial 148 is denied. FURTHER ORDERED that plaintiff's motion for a bill of costs 149 is granted and the Clerk of the Court shall tax costs against Roper in the amount of $1362.20. FURTHER ORDERED that plaintiff's counsel's motion for attorneys fees and out-of pocket expenses 147 is granted in part. Mr. Krispin is entitled to attorney's fees and costs in the amount of $5000.00 to be paid from the nonappropriated fund. Signed by Honorable Catherine D. Perry on 6/27/08. (KLH)