Kansas District Court
Judge:Kathryn H Vratil
Referred: Gwynne E Birzer
Case #: 2:22-cv-02248
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause42:1983 Civil Rights Act
Case Filed:Jun 24, 2022
Terminated:Dec 20, 2022
Last checked: Wednesday Dec 21, 2022 3:05 AM CST
Defendant
Laura Kelly
Represented By
Arthur S. Chalmers
Office Of Attorney General - Kansas
contact info
Defendant
Derek Schmidt
Represented By
Arthur S. Chalmers
Office Of Attorney General - Kansas
contact info
Plaintiff
Murray Dines
Represented By
Tai Bo James Vokins
Sloan Eisenbarth Glassman Mcentire & Jarboe, Llc - Lawrence
contact info

GPO Nov 08 2022
MEMORANDUM AND ORDER. Defendants' Motion To Dismiss Or Stay (Doc. 11) filed July 8, 2022 is SUSTAINED. Plaintiff has no private right of action to enforce the 2018 Farm Act under 41 U.S.C. § 1983, and such claims are hereby dismissed under Rule 12(b)(6), Fed. R. Civ. P. Defendants' Motion To Dismiss Governor Kelly (Doc. 10) filed July 8, 2022 is OVERRULED. Signed by District Judge Kathryn H. Vratil on 11/8/2022. (mam)

Docket last updated: 24 minutes ago
Tuesday, December 20, 2022
26 26 misc Stipulation of Dismissal Tue 12/20 12:23 PM
STIPULATION OF DISMISSAL WITHOUT PREJUDICE - Joint Stipulation by Murray Dines. (Vokins, Tai)
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utility Terminate Civil Case Wed 12/21 11:19 AM
***Civil Case Terminated per 26 Stipulation of Dismissal. (ca)
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Friday, December 02, 2022
order Order Set Deadlines/Hearings of the Same Type - Public Fri 12/02 9:51 AM
ORDER. The Court relieves the parties of their obligations under21 INITIAL ORDER REGARDING PLANNING AND SCHEDULING. The Scheduling Conference set for 1/17/2023 at 11:00 AM before Magistrate Judge Gwynne E. Birzer is CONVERTED to a Status Conference. Participants shall call 1-888-363-4749, use access code 9686294, and follow prompts to join call. Signed by Magistrate Judge Gwynne E. Birzer on 12/2/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Thursday, December 01, 2022
24 24 15 pgs support Memorandum in Support of Motion Thu 12/01 10:26 AM
MEMORANDUM IN SUPPORT of23 MOTION for Judgment on the Pleadings by Defendants Laura Kelly, Derek Schmidt(Chalmers, Arthur)
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23 23 motion Judgment on the Pleadings Thu 12/01 10:25 AM
MOTION for Judgment on the Pleadings by Defendants Laura Kelly, Derek Schmidt (Chalmers, Arthur)
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Tuesday, November 29, 2022
22 22 answer Answer to Amended Complaint Tue 11/29 8:04 AM
ANSWER to7 Amended Complaint by Laura Kelly, Derek Schmidt.(Chalmers, Arthur)
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Tuesday, November 15, 2022
21 21 order Initial Order Regarding Planning and Scheduling Tue 11/15 4:38 PM
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 1/17/2023 at 11:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Rule 26 Initial Disclosures and Proposed Scheduling Order due 1/10/2023. Signed by Magistrate Judge Gwynne E. Birzer on 11/15/22. (ala)
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Tuesday, November 08, 2022
20 20 14 pgs order Order on Motion to Dismiss Order on Motion to Stay Case Tue 11/08 12:25 PM
MEMORANDUM AND ORDER. Defendants' Motion To Dismiss Or Stay (Doc.11 ) filed July 8, 2022 is SUSTAINED. Plaintiff has no private right of action to enforce the 2018 Farm Act under 41 U.S.C. § 1983, and such claims are hereby dismissed under Rule 12(b)(6), Fed. R. Civ. P. Defendants' Motion To Dismiss Governor Kelly (Doc.10 ) filed July 8, 2022 is OVERRULED. Signed by District Judge Kathryn H. Vratil on 11/8/2022. (mam)
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Friday, September 23, 2022
order Order Fri 09/23 10:23 AM
ORDER. The undersigned Magistrate Judge communicated with counsel, via letter dated September 8, 2022, regarding deferred scheduling in this case. Having received no response, the Rule 16 conference will be postponed until after the pending Motions to Dismiss (ECF Nos. 10 & 11) have been decided by the District Judge. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 9/23/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Wednesday, August 24, 2022
18 18 respm Reply to Response to Motion Wed 08/24 2:01 PM
REPLY TO RESPONSE TO MOTION by Defendant Laura Kelly re:10 Motion to Dismiss (Chalmers, Arthur)
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17 17 respm Reply to Response to Motion Wed 08/24 10:25 AM
REPLY TO RESPONSE TO MOTION by Defendants Laura Kelly, Derek Schmidt re:11 Motion to Dismiss, Motion to Stay Case (Chalmers, Arthur)
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Monday, August 15, 2022
16 16 respm Response to Motion Mon 08/15 11:01 PM
RESPONSE by Plaintiff Murray Dines re11 Motion to Dismiss, Motion to Stay Case (Vokins, Tai)
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15 15 respm Response to Motion Mon 08/15 11:00 PM
RESPONSE by Plaintiff Murray Dines re10 Motion to Dismiss Govenor Kelly (Vokins, Tai)
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Wednesday, July 27, 2022
order Order on Motion for Extension of Time to File Response/Reply Wed 07/27 9:29 AM
ORDER granting13 Plaintiff's Unopposed MOTION for Extension of Time to Respond to Defendant's Motions to Dismiss as to12 Memorandum in Support of Motion,10 MOTION to Dismiss Governor Kelly ,11 MOTION to Dismiss or Stay MOTION to Stay Case. Response deadline has been extended until 8/15/2022. Signed by District Judge Kathryn H. Vratil on 07/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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utility Set/Reset Motion and R&R Deadlines/Hearings - Public Wed 07/27 1:14 PM
Set/Reset Deadlines as to 10 MOTION to Dismiss, 11 MOTION to Dismiss, MOTION to Stay Case. Response deadline 8/15/2022.(ca)
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Tuesday, July 26, 2022
13 13 motion Extension of Time to File Response/Reply Tue 07/26 3:18 PM
Unopposed MOTION for Extension of Time to File Response as to12 Memorandum in Support of Motion,10 MOTION to Dismiss Governor Kelly ,11 MOTION to Dismiss or Stay MOTION to Stay Case by Plaintiff Murray Dines Related [+] (Vokins, Tai)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
utility Motions No Longer Referred Tue 07/26 3:38 PM
MOTION REFERRAL to Magistrate Judge REMOVED as to: 13 Unopposed MOTION for Extension of Time to File Response as to 12 Memorandum in Support of Motion, 10 MOTION to Dismiss Governor Kelly, 11 MOTION to Dismiss or Stay MOTION to Stay Case . The motion will be resolved by the District Judge.(kf)
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Friday, July 08, 2022
12 12 18 pgs support Memorandum in Support of Motion Fri 07/08 11:45 AM
MEMORANDUM IN SUPPORT of11 MOTION to Dismiss or Stay by Defendants Laura Kelly, Derek Schmidt(Chalmers, Arthur)
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11 11 motion Dismiss Stay Case Fri 07/08 11:43 AM
MOTION to Dismiss or Stay by Defendants Laura Kelly, Derek Schmidt (Chalmers, Arthur). Added MOTION to Stay Case on 7/8/2022 (jal)
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10 10 motion Dismiss Fri 07/08 11:39 AM
MOTION to Dismiss Governor Kelly by Defendant Laura Kelly(Chalmers, Arthur)
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Att: 1 Memorandum in Support of Motion to Dismiss
9 9 misc Designation of Place of Trial Fri 07/08 11:35 AM
DESIGNATION OF PLACE OF TRIAL filed by Defendants Laura Kelly, Derek Schmidt - trial to be held in Kansas City. (Chalmers, Arthur)
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8 8 misc Entry of Appearance Fri 07/08 11:33 AM
ENTRY OF APPEARANCE by Arthur S. Chalmers on behalf of Laura Kelly, Derek Schmidt. (Chalmers, Arthur)
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Thursday, July 07, 2022
7 7 cmp Amended Complaint Thu 07/07 1:32 PM
AMENDED COMPLAINT against All Defendants, filed by Murray Dines.(Vokins, Tai)
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Att: 1 Exhibit 1 - Conference Report
6 6 service Return of Service of Summons EXECUTED Thu 07/07 1:12 PM
SUMMONS RETURNED EXECUTED -- Certified Mail by Murray Dines upon Laura Kelly served on 7/1/2022, answer due 7/22/2022 (Vokins, Tai)
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5 5 service Return of Service of Summons EXECUTED Thu 07/07 1:11 PM
SUMMONS RETURNED EXECUTED -- Certified Mail by Murray Dines upon Derek Schmidt served on 6/30/2022, answer due 7/21/2022 (Vokins, Tai)
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Monday, June 27, 2022
order Reassigning Case Mon 06/27 9:59 AM
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Gwynne E. Birzer for all further proceedings. Magistrate Judge Rachel E. Schwartz no longer assigned to case. Signed by Magistrate Judge Rachel E. Schwartz on 06/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(drk)
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Friday, June 24, 2022
3 3 misc Designation of Place of Trial Fri 06/24 4:00 PM
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Murray Dines - trial to be held in Kansas City. (Vokins, Tai)
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2 2 misc Civil Cover Sheet Fri 06/24 3:54 PM
CIVIL COVER SHEET by Plaintiff Murray Dines. (Vokins, Tai)
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1 1 cmp Complaint (attorney) Fri 06/24 3:36 PM
COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5809445.), filed by Murray Dines.(Vokins, Tai)
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Att: 1 Exhibit Exhibit 1
notice Notice of Judge Assignment Fri 06/24 4:28 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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service Summons Issued Fri 06/24 4:40 PM
SUMMONS ISSUED as to Laura Kelly, Derek Schmidt. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (lb)
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