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11-2062 - Ingrassia v. Schafer et al


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11-2062 - Ingrassia v. Schafer et al
March 8, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's motion for the appointment of counsel [Doc. 3] is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiffs official capacity claims against all defendants are DISMISSED. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process toissue upon the complaint as to Defendants Mike Basler, Eric Miller, Ben Thurman, Bruce Weeks, Robert Dolan, Jason Vinson, Eric Edgar, Penny Portel, Linda Knox, David Easter, Sr., Gary Bennett, Micah Stewart, Jacob Hays, Chris Robert, Ron Moore, Andrew Cole, Kaleb Juliette, Mark Brown, Tony Crabtree, TamraArchambo,UnknownKim(Psychiatrist), Susan Kraemer, Larry Major, Kaylynn Reed, Brian Jones, Chuck Parmley, Kristina Bender, and Connie Smith. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to Defendants Keith Schafer, Felix Vincenz, Julie Inman, Alan Blake, Jay Englehart, Davinder Hayreh, Perry Bramhall, Keith Wilkey, Bob Wills, Gabriel Crawford, Joe Easter, Marybeth Rowe, Ron Scharer, Evan Miller, Chris Chamberlain, Wayne Cook, Brian Gillespie, John Hooker, Neil Koenig, Jeff Miller, Rodney Rangel, Darrin Sheets, Bryan Smith, Brenda Swift, or the John Doe Defendants because, as to these Defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by Honorable Audrey G. Fleissig on 3/8/2012. (KSM)
June 6, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to file an amended complaint [Doc. 16] is GRANTED. IT IS FURTHER ORDERED that Defendants' motion to dismiss [Doc. 14] is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff shall provide the Court with addresses where Defendants Eric Miller, Bruce Weeks, Linda Knox, Unknown Kim, and Susan Kraemer can be served with process no later than thirty (30) days from the date of this Memorandum and Order. Failure to do so will result in the dismissal of these Defendants. (Response to Court due by 7/6/2012.) Signed by Honorable Audrey G. Fleissig on 6/6/2012. (KSM)
September 24, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion to dismiss [Doc. 20] is GRANTED in part and DENIED in part. Plaintiffs state law assault and battery claims predating November 25, 2009, are DISMISSED. In all other respects, the motion is DENIED. IT IS FURTHER ORDERED that Plaintiffs motion for clarification [Doc. 23] is MOOT. IT IS FURTHER ORDERED that the Clerk shall serve process or cause process to issue on Defendants Englehart, Crawford, Eckhert, Scharer, Zenthoefer, Chamberlain, Gillespie, Hooker, Koenig, Rangel, and Bryan Smith. IT IS FURTHER ORDERED that Defendants Hayreh, Wilkey, Rowe, Knox, Sheets, and Stump are DISMISSED from the complaint without prejudice pursuant to 28 U.S.C. ยง 1915(e). IT IS FURTHER ORDERED that counsel for the Defendants in this matter shall inform the Court in writing, and in camera, within ten (10) days of the date of this order of any known addresses for Defendants Eric Miller, Bruce Weeks, Linda Knox, Unknown Kim, and Susan Kraemer, who are no longer employed by the Department. The response shouldbe mailed directly to chambers at the Thomas F. Eagleton Federal Courthouse, 111 S. 10th St., Suite 12.182, St. Louis, MO 63102. An Order of Partial Dismissal will be filed with this Memorandum and Order. ( Response to Court due by 10/3/2012.) Signed by District Judge Audrey G. Fleissig on 9/24/12. (JWJ)
December 26, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 54] is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on 12/26/2012. (NCL)
December 28, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff shall show cause why defendants Rodney Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith should not be dismissed from this action without prejudice for lack of timely service. Response to Court due by 1/11/2013. Signed by District Judge Audrey G. Fleissig on 12/28/12. (JWJ)
January 18, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Rodney Rangel, Susan Zoenthoefer, Ron Scharer, and Bryan Smith are DISMISSED from this action without prejudice. An Order of Partial Dismissal will be filed with this Order. Signed by District Judge Audrey G. Fleissig on 1/18/2013. (KSM)
March 20, 2013
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion for permissive joinder of parties under Rule 20(a) of the Federal Rules of Civil Procedure [ECF No. 65] is DENIED. re:65 PRO SE MOTION filed by Plaintiff Thomas J. Ingrassia Signed by District Judge Audrey G. Fleissig on 3/20/13. (JWJ)
June 3, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for appointment of a medical expert witness is DENIED. (Doc. No. 72.) Signed by District Judge Audrey G. Fleissig on 6/3/2013. (KSH)
November 14, 2013
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to compel is GRANTED in part and DENIED in part as set forth above. (Doc. No. 80.) IT IS FURTHER ORDERED that Plaintiffs motion to appoint counsel is DENIED without prejudice. (Doc. No. 80.) Plaintiff is reminded that pursuant to this Courts Order dated October 31, 2013, he has 30 days from the date of the present Memorandum and Order to respond to Defendants motion for summary judgment. re:80 MOTION for Leave to MOTION to Appoint Counsel filed by Plaintiff Thomas J. Ingrassia Signed by District Judge Audrey G. Fleissig on 11/14/13. (JWJ)
September 30, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion for summary judgment is GRANTED with respect to the incidents of December 29, 2009, April 20, 2010, and October 8, 2010. Summary judgement is also granted in favor of Defendants Portel and Englehart. The motion is DENIED with respect to all remaining incidents and Defendants in accordance with the above discussion. (Doc. No. 83.) IT IS FURTHER ORDERED that a trial date will be set by separate order. IT IS FURTHER ORDERED that counsel will be appointed for Plaintiff for the purposes of conducting trial. Signed by District Judge Audrey G. Fleissig on 9/30/14. (KXS)
November 9, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants' motion for Bill of Costs is DENIED. (Doc. No. 261). Signed by District Judge Audrey G. Fleissig on 11/9/2016. (NEB)
November 9, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's motion for a new trial is DENIED as untimely. (Doc. No. 262.) IT IS FURTHER ORDERED that Defendants' motion to strike Plaintiff's motion for a new trial is DENIED as moot. (Doc. No. 266.). Signed by District Judge Audrey G. Fleissig on 11/9/2016. (NEB)