Thornton v. City of Kirkwood

Plaintiff:Charles Lee Thornton
Defendant:City of Kirkwood
 
Case Number:4:2007cv00079
Filed:January 18, 2007
 
Court:Missouri Eastern District Court
Office:St. Louis Office [ Court Info ]
County:St. Louis - County
Presiding Judge:Honorable Catherine D. Perry
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:42:1983 Civil Rights Act
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
January 18, 2007 1 COMPLAINT against defendant City of Kirkwood in the amount of $350, filed by Charles Lee Thornton. (Attachments: # 1 Exhibit # 2 Civil Cover Sheet # 3 Original Filing Form)(WAF, ) (Entered: 01/18/2007)
January 18, 2007 2 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Plaintiff Charles Lee Thornton. (WAF, ) (Entered: January 18, 2007)
January 18, 2007 3 Minute Entry for proceedings held before Judge Catherine D. Perry : Motion Hearing held on 1/18/2007 re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Charles Lee Thornton. Plaintiff heard. The Court denies the motion without notice and without prejudice and resets this hearing for 2:30 this afternoon. (Court Reporter or FTR Gold Operator initials:T. Hopwood.) (proceedings started: 1:08.) (proceedings ended: 1:20.) (MCB) (Entered: January 18, 2007)
January 18, 2007 4 Minute Entry for proceedings held before Judge Catherine D. Perry : Motion Hearing held on 1/18/2007 re 2 MOTION for Temporary Restraining Order filed by Charles Lee Thornton. Parties heard. The Court denies the request for Temporary Restraining Order. Plaintiff shall proceed with service of the deft. Orer to follow. (Court Reporter or FTR Gold Operator initials:T. Hopwood.) (proceedings started: 2:30.) (proceedings ended: 3:10.) (MCB) (Entered: January 18, 2007)
January 18, 2007 5 MEMORANDUM AND ORDER re: 2 MOTION for Temporary Restraining Order filed by Charles Lee Thornton, motion is DENIED. Signed by Judge Catherine D. Perry on January 18, 2007. (MCB) (Entered: January 18, 2007)
January 18, 2007 ORDER RECEIPT: (see receipt) Thu Jan 18 15:41:09 CST 2007 (MCB, ) (Entered: January 18, 2007)
January 18, 2007 Receipt # S2007-003055 in the amount of $350.00 for CIVIL FILING FEE, CIVIL FILING FEE-PART 2, CIVIL FILING FEE-PART 3 on behalf of THORNTON, CHARLES LEE. (CSW,) (Entered: January 18, 2007)
January 23, 2007 6 Request for Bench trial by Plaintiff Charles Lee Thornton. (BAK, ) (Entered: January 24, 2007)
January 30, 2007 7 Request for Summons as to defendant City of Kirkwood. Summons Issued. (JMW) Modified on 1/31/2007 (JMW), corrected the entry. (Entered: January 30, 2007)
January 30, 2007 8 NOTICE OF PRIVATE PROCESS SERVER by Plaintiff Charles Lee Thornton Process Server Harry Ming. (JMW) (Entered: January 30, 2007)
February 5, 2007 9 SUMMONS Returned Executed filed by Charles Lee Thornton. City of Kirkwood served on 2/1/2007, answer due 2/21/2007. (KLH, ) (Entered: February 6, 2007)
February 21, 2007 10 Defendant's ANSWER to Complaint and Affirmative and Additional Defenses by City of Kirkwood.(Hessel, John) (Entered: February 21, 2007)
February 22, 2007 11 RULE 16 ORDER This case is assigned to Track: 2(standard). Joint Scheduling Plan due by 3/23/2007. Rule 16 Conference set for 3/30/2007 09:30 AM in Courtroom 14S before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 2/22/2007. (JMW) (Entered: February 22, 2007)
February 22, 2007 ORDER RECEIPT: (see receipt) Thu Feb 22 13:30:21 CST 2007 (JMW, ) (Entered: February 22, 2007)
February 26, 2007 12 ENTRY of Appearance by Jami L. Boyles for Defendant City of Kirkwood. (Boyles, Jami) (Entered: February 26, 2007)
March 15, 2007 13 MOTION for Leave to Amend Complaint by Plaintiff Charles Lee Thornton. (Attachments: # 1 Amended Complaint # 2 Proposed Order)(JMW) (Entered: March 15, 2007)
March 15, 2007 14 MEMORANDUM in Support of Motion re 13 MOTION for Leave to Amend Complaint filed by Plaintiff Charles Lee Thornton. (JMW) (Entered: March 15, 2007)
March 22, 2007 15 JOINT PROPOSED SCHEDULING PLAN by Plaintiff Charles Lee Thornton, Defendant City of Kirkwood. (JMW) (Entered: March 22, 2007)
March 26, 2007 16 MEMORANDUM in Opposition re 13 MOTION for Leave to Amend Complaint filed by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A# 2 Exhibit B - Part 1# 3 Exhibit B - Part 2# 4 Exhibit B - Part 3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H)(Hessel, John) (Entered: March 26, 2007)
March 30, 2007 17 Minute Entry for proceedings held before Judge Catherine D. Perry : Rule 16 Conference held on 3/30/2007. Conference by phone? No. Parties present for hearing. Issues heard regarding Pltf's Motion for Leave to Amend Complaint [Doc. #13]. Motion denied on the record. Case to proceed on original complaint. Joint Proposed Scheduling Plain discussed. CMO to issue. (Court Reporter or FTR Gold Operator initials: T. Hopwood) (FTR Gold yes or no: no) (proceedings started: 9:30 a.m.) (proceedings ended: 10:06 a.m.) (JMW) (Entered: March 30, 2007)
March 30, 2007 18 CASE MANAGEMENT ORDER This case is assigned to Track: 2(standard). Motion to Join Parties due by 4/30/2007. Discovery Completion due by 10/1/2007. Non-Dispositive Motions due by 10/12/2007. Dispositive Motions due by 10/15/2007. Jury Trial set for 2/25/2008 09:00 AM in Courtroom 14S before Honorable Catherine D. Perry. Pretrial Compliance due by 2/5/2008. Motion in Limine due by 2/15/2008. Signed by Judge Catherine D. Perry on 3/30/2007. (JMW) (Entered: March 30, 2007)
March 30, 2007 ORDER RECEIPT: (see receipt) Fri Mar 30 11:25:57 CDT 2007 (JMW, ) (Entered: March 30, 2007)
April 9, 2007 19 MOTION for Joinder of parties, MOTION to Amend Complaint 1 Complaint by Plaintiff Charles Lee Thornton. (Attachments: # 1 memo in support of motion for joinder and amend complaint)(MCB) (Entered: April 9, 2007)
April 9, 2007 20 AMENDED MOTION for Permanent Injunction by Plaintiff Charles Lee Thornton. (MCB) (Entered: April 9, 2007)
April 13, 2007 21 MOTION to Compel by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Hessel, John) Modified on 4/24/2007 (KLH, ). (Entered: April 13, 2007)
April 16, 2007 22 MEMORANDUM in Opposition re 19 MOTION for Joinder MOTION to Amend/Correct 1 Complaint filed by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Hessel, John) Modified on 4/24/2007 (KLH, ). (Entered: April 16, 2007)
April 20, 2007 23 RESPONSE (Objections) to Motion re 21 MOTION to Compel filed by Plaintiff Charles Lee Thornton. (JMW) (Entered: April 20, 2007)
April 23, 2007 24 REPLY to Response to Motion re 21 MOTION to Compel re Initial Disclosures filed by Defendant City of Kirkwood. (Hessel, John) Modified on 4/24/2007 (KLH, ). (Entered: April 23, 2007)
April 23, 2007 25 MOTION for Sanctions under Rule 11 by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Hessel, John) (Entered: April 23, 2007)
April 23, 2007 26 MEMORANDUM in Support of Motion re 25 MOTION for Sanctions under Rule 11 filed by Defendant City of Kirkwood. (Hessel, John) (Entered: April 23, 2007)
April 26, 2007 27 MOTION for Joinder of Parties and Amend Complaint by Plaintiff Charles Lee Thornton. (Attachments: # 1 Memorandum in Support# 2 Amended Petition)(KLH, ) (Entered: April 26, 2007)
May 4, 2007 28 MEMORANDUM in Opposition re 27 MOTION for Joinder (filed 4/26/07) filed by Defendant City of Kirkwood. (Hessel, John) (Entered: May 4, 2007)
May 7, 2007 31 RESPONSE in Opposition re 25 MOTION for Sanctions under Rule 11 filed by Plaintiff Charles Lee Thornton. (BAK, ) (Entered: May 8, 2007)
May 8, 2007 29 ORIGINAL TRANSCRIPT (Pilot) proceedings of Rule 16 Conference held on March 30, 2007 before Judge Catherine D. Perry. Court Reporter: T. Hopwood. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: May 8, 2007)
May 8, 2007 30 ORIGINAL TRANSCRIPT (Pilot) proceedings of Motion for Temporary Restraining Order Hearing held on January 18, 2007 before Judge Catherine D. Perry. Court Reporter: T. Hopwood. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: May 8, 2007)
May 14, 2007 32 REPLY to Response to Motion re 25 MOTION for Sanctions under Rule 11 filed by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Hessel, John) (Entered: May 14, 2007)
May 17, 2007 33 REPLY to Response to Motion re 27 MOTION for Joinder filed by Plaintiff Charles Lee Thornton. (BAK, ) (Entered: May 18, 2007)
June 21, 2007 34 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for joinder 19 , motion to amend/correct complaint 19 , motion for permanent injunction 20 , and motion for joinder 27 are denied. IT IS FURTHER ORDERED that defendant's motion for sanctions under Rule 11 25 is denied. IT IS FURTHER ORDERED that defendant's motion to compel 21 is granted, and plaintiff shall provide his initial disclosures in compliance with the case management order and Rule 26 of the Federal Rules of Civil Procedure by no later than 6/29/07. Plaintiff's failure to comply with this Order may result in the imposition of sanctions, which could include dismissal of the complaint. Signed by Judge Catherine D. Perry on 6/21/07. (BAK, ) (Entered: June 21, 2007)
June 21, 2007 ORDER RECEIPT: (see receipt) Thu Jun 21 11:25:31 CDT 2007 (BAK, ) (Entered: June 21, 2007)
October 12, 2007 35 MOTION for Summary Judgment by Defendant City of Kirkwood. (Hessel, John) (Entered: October 12, 2007)
October 12, 2007 36 MEMORANDUM in Support of Motion re 35 MOTION for Summary Judgment filed by Defendant City of Kirkwood. (Attachments: # 1 Statement of Undisputed Material Facts# 2 Exh. A [part 1] to SUMF# 3 Exh. A [part 2] to SUMF# 4 Exh. A [part 3] to SUMF# 5 Exh. B to SUMF# 6 Exh. C to SUMF# 7 Exh. D to SUMF# 8 Exh. E [part 1] to SUMF# 9 Exh. E [part 2] to SUMF# 10 Exh. E [part 3] to SUMF# 11 Exh. E [part 4] to SUMF)(Hessel, John) (Entered: October 12, 2007)
November 14, 2007 37 RESPONSE to Motion re 35 MOTION for Summary Judgment filed by Plaintiff Charles Lee Thornton. (RJD) (Entered: November 15, 2007)
November 21, 2007 38 REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Defendant City of Kirkwood. (Attachments: # 1 Exhibit A)(Hessel, John) (Entered: November 21, 2007)
January 28, 2008 39 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant's motion for summary judgment 35 is granted, and plaintiff's complaint is dismissed with prejudice. Signed by Honorable Catherine D. Perry on 1/28/08. (BAK) (Entered: January 28, 2008)
January 28, 2008 ORDER RECEIPT: (see receipt) Mon Jan 28 10:21:13 CST 2008 (Kirkland, Beth) (Entered: January 28, 2008)
January 28, 2008 40 JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that defendant shall have summary judgment on plaintiff's complaint, and plaintiff's complaint is dismissed with prejudice. Plaintiff shall bear all taxable costs of this action. Signed by Honorable Catherine D. Perry on 1/28/08. (BAK) (Entered: January 28, 2008)
January 28, 2008 ORDER RECEIPT: (see receipt) Mon Jan 28 10:28:06 CST 2008 (Kirkland, Beth) (Entered: January 28, 2008)
Docket Report Last Checked: August 5, 2008 21:47:50 PDT
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Plaintiff: Charles Lee Thornton
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Defendant: City of Kirkwood
Represented By: John M. Hessel, Jami L. Boyles
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