Toigo v. Department of Health and Senior Services et al
| Missouri Western District Court | |
| Judge: | Nanette K Laughrey |
| Case #: | 2:20-cv-04243 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Dec 11, 2020 |
| Terminated: | Nov 15, 2021 |
| Last checked: Wednesday Jun 09, 2021 3:22 AM CDT |
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Defendant
Department of Health and Senior Services
State of Missouri 912 Wildwood P.O. Box 570
Jefferson City, MO 65102 |
Represented By
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Defendant
Robert Knodell
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Plaintiff
Mark Toigo
305 N. Old Stonehouse Road
Carlisle, PA 17015 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Randall W. Williams, M.D.
Terminated: 05/17/2021
Jefferson City, MO 65102
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Represented By
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GPO
Jan 24 2022
ORDER by Judge Nanette K. Laughrey granting in part Plaintiff's motion for attorney's fees (Doc. 42). (Sreeprakash, Netra) |
| Docket last updated: 3 hours ago |
| Monday, February 14, 2022 | ||
| 49 | 49
misc
Costs Taxed
Mon 02/14 11:25 AM
COSTS TAXED in amount of $551.35 against Defendants Department of Health and Senior Services, et al. (Siegert, Karen) |
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| Tuesday, January 25, 2022 | ||
| 48 | 48
order
Clerk's Judgment
Tue 01/25 10:38 AM
CLERK'S JUDGMENT as to attorney's fees. (Lock, Tania) |
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| Monday, January 24, 2022 | ||
| 47 | 47
6
pgs
order
Order on Motion for Attorney Fees
Mon 01/24 5:07 PM
ORDER by Judge Nanette K. Laughrey granting in part Plaintiff's motion for attorney's fees (Doc.42 ). (Sreeprakash, Netra) |
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| Wednesday, December 22, 2021 | ||
| 46 | 46
respm
Reply Suggestions to Motion
Wed 12/22 3:15 PM
REPLY SUGGESTIONS to motion re42 MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo. (Stelter-Embry, Benjamin) |
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Att: 1
Exhibit Missouri Lawyer's Weekly 2021 Billing Rates Survey
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| Wednesday, December 08, 2021 | ||
| 45 | 45
respm
Suggestions in Opposition to Motion
Wed 12/08 4:34 PM
SUGGESTIONS in opposition re42 MOTION for attorney fees filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Donald G. Kauerauf. Reply suggestions due by 12/22/2021 unless otherwise directed by the court. (Attorney Emily A. Dodge added to party Donald G. Kauerauf(pty:dft))(Dodge, Emily) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 44 | 44
misc
Affidavit
Wed 12/08 1:12 PM
AFFIDAVIT re43 Suggestions in Support of Motion, Amended Declaration of Benjamin Stelter-Embry by Mark Toigo. (Stelter-Embry, Benjamin) |
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| Wednesday, November 24, 2021 | ||
| 43 | 43
respm
Suggestions in Support of Motion
Wed 11/24 9:48 AM
SUGGESTIONS in support re42 MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo. (Stelter-Embry, Benjamin) |
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Att: 1
Affidavit,
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Att: 2
Exhibit Exhibit 1-A,
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Att: 3
Exhibit Exhibit 1-B,
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Att: 4
Exhibit Exhibit 1-C
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| 42 | 42
motion
Attorney Fees
Wed 11/24 9:46 AM
MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 12/8/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) |
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| 41 | 41
misc
Proposed Bill of Costs
Wed 11/24 9:37 AM
PROPOSED BILL OF COSTS by Mark Toigo.Objections to Bill of Costs due by 12/8/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) |
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| Monday, November 15, 2021 | ||
| 40 | 40
order
Clerk's Judgment
Mon 11/15 12:04 PM
CLERK'S JUDGMENT (Lock, Tania) |
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| 39 | 39
order
Permanent Injunction
Mon 11/15 12:00 PM
ORDER on PERMANENT INJUNCTION entered by District Judge Nanette K. Laughrey. Signed on 11/15/2021 by District Judge Nanette K. Laughrey. A copy of the order containing a wet signature provided to Finance. (Lock, Tania) |
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| Wednesday, October 27, 2021 | ||
| 38 | 38
misc
Electronic Transcript
Wed 10/27 2:24 PM
ELECTRONIC TRANSCRIPT of motion hearing held October 7, 2021, before Judge Nanette K. Laughrey. Court Reporter: Kathy Calvert, 816-512-5741, kathy_calvert@mow.uscourts.gov. Number of pages: 6. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 11/3/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 1/25/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Calvert, Kathy) |
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| Thursday, October 07, 2021 | ||
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order
Order on Motion to Substitute Party
Thu 10/07 10:18 AM
ORDER by Judge Nanette K. Laughrey. Defendants' motion for an order pursuant to Federal Rule of Civil Procedure 25(d) directing the substitution of Donald G. Kauerauf, Director of the Missouri Department of Health and Senior Services, in place of defendant Robert Knodell, who previously served as the Acting Director of that entity, is GRANTED. Signed on 10/07/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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minutes
Bench Trial - Held
Thu 10/07 2:15 PM
MINUTE ENTRY: Bench trial on stipulated facts via videoconference held on October 7, 2021, before District Judge Nanette K. Laughrey. Opening statements presented by parties. The Court will grant the permanent injunction; written order to follow. Plaintiff appears in person and by Counsel, Benjamin Stelter-Embry. Defendant appears by Counsel, Emily Dodge. Court Reporter: Kathy Calvert. Courtroom Deputy: Tania Lock. Time in Court: 10:00 a.m. 10:07 a.m. To order a transcript of this hearing please contact Kathy Calvert, 816-512-5741, kathy_calvert@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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| Monday, October 04, 2021 | ||
| 35 | 35
motion
Substitute Party
Mon 10/04 3:20 PM
MOTION to substitute party filed by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D.. Suggestions in opposition/response due by 10/18/2021 unless otherwise directed by the court. (Dodge, Emily) |
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| Monday, September 27, 2021 | ||
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notice
Notice of Hearing
Mon 09/27 2:46 PM
ORDER entered by Judge Nanette K. Laughrey. A Bench Trial on Stipulated Facts has been set for 10/7/2021 at 10:00 AM before District Judge Nanette K. Laughrey. It will held by Zoom video conference. The parties will be provided the information needed to connect to the conference by email. (Lock, Tania) |
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| Monday, September 20, 2021 | ||
| 33 | 33
misc
Status Report
Mon 09/20 9:54 AM
STATUS REPORT by Department of Health and Senior Services. (Dodge, Emily) |
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| Tuesday, August 24, 2021 | ||
| 32 | 32
order
Scheduling Order
Tue 08/24 9:06 PM
SCHEDULING ORDER by Judge Nanette K. Laughrey. In light of the parties' representation that they have completed discovery, that they will not designate any expert witnesses, and that they are trying to stipulate to the relevant facts, their request that the Court permit them to indicate on or before September 20, 2021 whether the case will be tried on stipulated facts and when the case will be ready for trial is GRANTED. Said status report must be filed on or before September 20, 2021. Dispositive motions must be filed on or before October 29, 2021. Signed on August 24, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) |
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| Thursday, August 19, 2021 | ||
| 31 | 31
3
pgs
misc
Proposed Scheduling Order
Thu 08/19 3:05 PM
Joint PROPOSED SCHEDULING ORDER by Mark Toigo. (Stelter-Embry, Benjamin) |
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| Monday, July 26, 2021 | ||
| 30 | 30
order
Order on Motion to Amend/Correct
Mon 07/26 9:00 AM
ORDER by Judge Nanette K. Laughrey. Parties Joint Motion to Amend Scheduling Order, Doc.29 , is granted. Parties have until August 20, 2021, to submit a proposed joint scheduling order. No further extensions of this deadline will be granted. Signed on 7/26/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin) |
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| Tuesday, July 20, 2021 | ||
| 29 | 29
2
pgs
motion
Amend/Correct
Tue 07/20 4:44 PM
Joint MOTION to amend/correct11 Order,, filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 8/3/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) |
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| Friday, July 16, 2021 | ||
| 28 | 28
order
Order 1 - Terminate Hearings
Fri 07/16 12:19 PM
ORDER by Judge Nanette K. Laughrey. The telephone conference scheduled for July 19, 2021, at 9:00 AM, Doc. 26 , is cancelled. Signed on 7/16/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin) |
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| 27 | 27
notice
Notice of Filing
Fri 07/16 12:10 PM
NOTICE of filing Notice of Bond Posting by Mark Toigo(Stelter-Embry, Benjamin) |
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Att: 1
Exhibit Exhibit A - Bond Receipt
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misc
Receipt
Fri 07/16 2:09 PM
RECEIPT number KCMO090958 in the amount of $10,000.00 issued to Mark Toigo. (Woods, Gloria) |
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| Thursday, July 15, 2021 | ||
| 26 | 26
order
Order
Thu 07/15 1:02 PM
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 07/19/2021 at 9:00 AM to discuss the bond. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 07/15/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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| Monday, June 21, 2021 | ||
| 25 | 25
15
pgs
order
Order on Motion for Preliminary Injunction
Mon 06/21 2:15 PM
ORDER by Judge Nanette K. Laughrey. Plaintiff's Motion for Preliminary Injunction, Doc.15 , is granted. Defendants are preliminarily enjoined from enforcing the durational residency requirement in Article XIV, § 1.7(3) of the Missouri Constitution and as promulgated in 19 C.S.R. 30-95.025 and 19 C.S.R. 30-95.040. Signed on 6/21/2021 by District Judge Nanette K. Laughrey. (Levin, Benjamin) |
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| Monday, May 17, 2021 | ||
| 24 | 24
order
Order on Motion to Substitute Party
Mon 05/17 1:38 PM
ORDER by Judge Nanette K. Laughrey. Defendants Motion to Substitute Party, Doc.23 , is granted. Defendant Randall Williams is substituted for his successor Robert Knodell per Fed. R. Civ. P. 25(d). Signed on 05/17/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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| Wednesday, April 28, 2021 | ||
| 23 | 23
motion
Substitute Party
Wed 04/28 8:44 AM
MOTION to substitute party filed by Emily A. Dodge on behalf of Randall W. Williams, M.D.. Suggestions in opposition/response due by 5/12/2021 unless otherwise directed by the court. (Dodge, Emily) |
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| Monday, April 19, 2021 | ||
| 22 | 22
respm
Reply Suggestions to Motion
Mon 04/19 6:01 PM
REPLY SUGGESTIONS to motion re15 MOTION for preliminary injunction and suggestions in support filed by Andrew B Protzman on behalf of Plaintiff Mark Toigo. (Attorney Andrew B Protzman added to party Mark Toigo (pty:pla))(Stelter-Embry, Benjamin) |
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Att: 1
Declaration of Mark Toigo
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| Monday, April 05, 2021 | ||
| 21 | 21
respm
Suggestions in Opposition to Motion
Mon 04/05 4:30 PM
SUGGESTIONS in opposition re15 MOTION for preliminary injunction and suggestions in support filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D.. Reply suggestions due by 4/19/2021 unless otherwise directed by the court. (Dodge, Emily) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Friday, April 02, 2021 | ||
| 20 | 20
discov
Certificate of Service
Fri 04/02 4:27 PM
CERTIFICATE OF SERVICE by Mark Toigo Plaintiff's Responses and Objections to Defendants' First Set of Requests for Production of Documents Directed to Plaintiff filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo.(Stelter-Embry, Benjamin) |
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| Thursday, April 01, 2021 | ||
| 19 | 19
minutes
Telephone Conference
Thu 04/01 12:05 PM
TELEPHONE CONFERENCE held on April 1, 2021, regarding pending motion for preliminary injunction, Doc.15 . Parties confirm Defendant will file suggestions in opposition to Plaintiffs motion for preliminary injunction on or before April 5, 2021, per the scheduling order. Plaintiffs Counsel: Benjamin Allen Stelter-Embry; Defendants Counsel: Emily A. Dodge; Time in Court 10:06 am 10:08 am. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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| Tuesday, March 30, 2021 | ||
| 18 | 18
order
Order
Tue 03/30 3:52 PM
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 4/1/2021 at 10:00 AM regarding pending motion for preliminary injunction (doc15 . The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 03/30/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) |
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| Monday, March 15, 2021 | ||
| 17 | 17
9
pgs
order
Order on Motion for Protective Order
Mon 03/15 1:57 PM
PROTECTIVE ORDER entered by Judge Nanette K. Laughrey. The parties' Joint Motion for Protective Order, Doc.16 , is granted. Prior to filing any document under seal or in redacted form, a party must move for and be granted leave to file the document under seal. Signed on 3/15/2021 by District Judge Nanette K. Laughrey. (Levin, Benjamin) |
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| Friday, March 12, 2021 | ||
| 16 | 16
motion
Protective Order
Fri 03/12 3:05 PM
Joint MOTION for protective order filed by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D.. Suggestions in opposition/response due by 3/26/2021 unless otherwise directed by the court. (Dodge, Emily) |
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| Friday, March 05, 2021 | ||
| 15 | 15
motion
Preliminary Injunction
Fri 03/05 5:58 PM
MOTION for preliminary injunction and suggestions in support filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 3/19/2021 unless otherwise directed by the court.(Stelter-Embry, Benjamin) |
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Att: 1
Affidavit Declaration of Mark Toigo
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| Wednesday, March 03, 2021 | ||
| 14 | 14
discov
Certificate of Service
Wed 03/03 3:28 PM
CERTIFICATE OF SERVICE by Department of Health and Senior Services, Randall W. Williams, M.D. filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) |
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| Wednesday, February 10, 2021 | ||
| 13 | 13
discov
Certificate of service of initial Rule 26 disclosures
Wed 02/10 6:03 PM
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo.(Stelter-Embry, Benjamin) |
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| 12 | 12
discov
Certificate of Service
Wed 02/10 4:55 PM
CERTIFICATE OF SERVICE by Department of Health and Senior Services, Randall W. Williams, M.D. filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) |
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| Thursday, February 04, 2021 | ||
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3
pgs
order
Order
Thu 02/04 2:44 PM
SCHEDULING ORDER entered by Judge Nanette K. Laughrey. Plaintiff shall file a motion for preliminary injunction with supporting suggestions on or before March 5, 2021. Defendant shall file suggestions opposing Plaintiff's motion for preliminary injunction on or before April 5, 2021. Plaintiff shall file reply suggestions in support of his motion for preliminary injunction on or before April 19, 2021. The parties shall file a joint proposed scheduling order no later than 30 days after the Court rules on Plaintiff's motion for preliminary injunction. Signed on 2/4/21 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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| 10 | 10
misc
Proposed Scheduling Order
Thu 02/04 10:13 AM
Joint PROPOSED SCHEDULING ORDER by Mark Toigo. (Stelter-Embry, Benjamin) |
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| Wednesday, January 20, 2021 | ||
| 9 | 9
answer
Answer to Complaint
Wed 01/20 3:03 PM
Defendants' ANSWER to1 Complaint, for Declaratory and Injunctive Relief on behalf of Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) |
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notice
Notice of Filing
Wed 01/20 1:04 AM
NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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| Thursday, January 14, 2021 | ||
| 8 | 8
order
Rule 16 Notice
Thu 01/14 9:18 AM
ORDER entered by Judge Nanette K. Laughrey Proposed scheduling order due by 2/4/2021. Rule 26 conference due by 1/28/2021. Signed on 1/14/21 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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| 7 | 7
service
Return of Service of Complaint Executed
Thu 01/14 9:04 AM
RETURN OF SERVICE of complaint executed by Mark Toigo. Randall W. Williams, M.D. served on 12/30/2020, answer due 1/20/2021. (Stelter-Embry, Benjamin) |
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| 6 | 6
service
Return of Service of Complaint Executed
Thu 01/14 9:03 AM
RETURN OF SERVICE of complaint executed by Mark Toigo. Department of Health and Senior Services served on 12/30/2020, answer due 1/20/2021. (Stelter-Embry, Benjamin) |
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| Tuesday, January 05, 2021 | ||
| 5 | 5
notice
Notice of Appearance
Tue 01/05 10:56 AM
NOTICE of appearance by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D. (Attorney Emily A. Dodge added to party Department of Health and Senior Services(pty:dft), Attorney Emily A. Dodge added to party Randall W. Williams, M.D.(pty:dft))(Dodge, Emily) |
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| Friday, December 18, 2020 | ||
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service
Summons Issued
Fri 12/18 11:34 AM
SUMMONS ISSUED as to Department of Health and Senior Services and Randall W. Williams, M.D. Summons forwarded by email to Plaintiff attorney for service. (Warren, Melissa) |
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| Monday, December 14, 2020 | ||
| 4 | 4
order
Notice of Pretrial Procedure
Mon 12/14 3:15 PM
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 12/14/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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| Friday, December 11, 2020 | ||
| 3 | 3
notice
Notice of MAPN
Fri 12/11 3:49 PM
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Warren, Melissa) |
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Att: 1
MAP General Order
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| 2 | 2
order
Order Transferring/Reassigning Case
Fri 12/11 3:36 PM
ADMINISTRATIVE ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Magistrate Judge Willie J. Epps, Jr no longer assigned to case. Case number shall now read 20-CV-04243-NKL. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) |
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| 1 | 1
11
pgs
cmp
Complaint
Fri 12/11 2:56 PM
COMPLAINT against Department of Health and Senior Services, Randall W. Williams, M.D. filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Filing fee $402, receipt number AMOWDC-7182810. Service due by 3/11/2021 unless otherwise directed by the court.(Stelter-Embry, Benjamin) (Warren, Melissa) |
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Att: 1
2 pgs
(12/11/2020) Civil Cover Sheet
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