Kellum v. Jackson County Sheriff's Office et al
| Illinois Southern District Court | |
| Judge: | David W Dugan |
| Case #: | 3:22-cv-02159 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 14, 2022 |
| Terminated: | Feb 27, 2024 |
| Last checked: Monday Mar 13, 2023 3:45 AM CDT |
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Defendant
Jackson County Sheriff's Office
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Represented By
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Defendant
Allan Bost
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Represented By
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Defendant
Carson Bunton
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Represented By
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Defendant
John Huffman
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Represented By
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Mediator
Mediator Stephen Williams
Kuehn, Beasley & Young, P.C. 23 South 1st Street
Belleville, IL 62202 |
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Plaintiff
Matthew Kellum
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Represented By
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GPO
Jan 19 2023
PROTECTIVE ORDER, granting 23 Motion for Qualified HIPAA and MHDDCA Protective Order. Signed by Judge David W. Dugan on 1/19/2023. (arm) |
| Docket last updated: 2 hours ago |
| Tuesday, February 27, 2024 | ||
| 40 | 40
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pgs
order
Judgment
Tue 02/27 4:20 PM
JUDGMENT IN A CIVIL ACTION. Approved by Judge David W. Dugan on 2/27/2024. (dmw2) |
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| 39 | 39
order
Order
Tue 02/27 4:10 PM
ORDER regarding38 Agreed Stipulation of Dismissal with Prejudice. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a stipulation of dismissal filed by all parties who have appeared in the action is effective immediately upon filing and does not require judicial approval. See Jenkins v. Village of Maywood , 506 F.3d 622, 624 (7th Cir. 2007). The Clerk of the Court therefore is DIRECTED to close this case on the Court's docket and to enter judgment accordingly. Signed by Judge David W. Dugan on 2/27/2024. (dmw2) |
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| Monday, February 26, 2024 | ||
| 38 | 38
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misc
Stipulation of Dismissal
Mon 02/26 3:38 PM
STIPULATION of Dismissal With Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) by Matthew Kellum. (Mahoney, Ryan) |
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| Thursday, February 01, 2024 | ||
| 37 | 37
order
Order on Motion to Dismiss
Thu 02/01 10:10 AM
ORDER regarding36 Agreed Motion to Dismiss. In the motion, Plaintiff states that the claims as to Defendants Bost, Huffman, and Bunton have settled, and requesting Bost, Huffman, and Bunton be dismissed from the action with prejudice. However, the Seventh Circuit has made clear that the proper vehicle for adding or dropping individual parties or claims is an amended complaint under Federal Rule of Civil Procedure 15(a). See Fed. R. Civ. P. 15(a); Taylor v. Brown , 787 F.3d 851, 857-58 (7th Cir. 2015); accord Dr. Robert L. Meinders, D.C., Ltd. v. United Healthcare Servs., Inc. , 7 F. 4th 555, 559 n. 4 (7th Cir. 2021) ("[W]e again remind parties and district courts that Rule 15(a) is the better course for voluntarily dismissing individual parties or claims."). Therefore, the Court construes the motion to dismiss as an unopposed motion to amend Plaintiff's Complaint under Federal Rule of Civil Procedure 15(a)(2) which allows a plaintiff to amend his complaint including by adding or dropping parties and claims by court order. Therefore, the Motion to Amend is GRANTED in accord with Rule 15(a). In the interest of judicial economy, this Order amends the Complaint by striking the claims against Defendants Bost, Huffman, and Bunton. Defendants Bost, Huffman, and Bunton are DISMISSED from the action WITH PREJUDICE . The Clerk of the Court is DIRECTED to terminate Bost, Huffman, and Bunton as defendants in this case and shall enter judgment accordingly at the close of the case. Signed by Judge David W. Dugan on 2/1/2024. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Tuesday, January 30, 2024 | ||
| 36 | 36
motion
Dismiss
Tue 01/30 4:41 PM
Consent MOTION to Dismiss Individual Defendants by Matthew Kellum. (Mahoney, Ryan) |
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| Friday, January 19, 2024 | ||
| 35 | 35
order
Order 60 Day
Fri 01/19 9:45 AM
60 DAY ORDER. Having been advised that the parties have settled the above-captioned action in its entirety and that they need 60 days to finalize settlement documents , the undersigned DIRECTS the Clerk of Court, 60 days after this Order is docketed , to ENTER JUDGMENT OF DISMISSAL with prejudice. Each party shall bear its own costs, unless otherwise provided in the settlement documents. If the parties fail to finalize the settlement within the 60-day period, they may -- before that period expires -- move to postpone entry of judgment. Due to the settlement, the Court CANCELS all settings herein. Responses due by 3/19/2024. Signed by Judge David W. Dugan on 1/19/2024. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Thursday, January 18, 2024 | ||
| 34 | 34
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pgs
misc
Report of Mandatory Mediation
Thu 01/18 1:36 PM
REPORT of Mandatory Mediation - Case Settled by Mediator Stephen Williams. (Williams, Stephen) |
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| Wednesday, December 27, 2023 | ||
| 33 | 33
notice
Notice of Cancellation of Hearing
Wed 12/27 11:15 AM
NOTICE OF CANCELLATION of Hearing: The Status Conference scheduled for 1/3/2024 is CANCELLED and will be reset at a later date, if necessary. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Friday, December 15, 2023 | ||
| 32 | 32
order
Scheduling Order ~Util - Terminate Motions
Fri 12/15 9:18 AM
ORDER granting31 Joint Motion to Amend Scheduling Order. By Motion dated December 13, 2023, the parties move to extend certain discovery deadlines in the Court's Scheduling Order at Doc. 18, and as amended by the Order at Doc. 28, in order to accommodate additional depositions and to resume mediation efforts prior to expending further costs in expert discovery. The parties represent that they attempted mediation on October 11, 2023 and made significant progress, and plan to continue these efforts. For good cause shown, the Motion is GRANTED . The following deadlines in the Court's Scheduling Order are RESET : Discovery due: 6/21/2024 , Dispositive Motions due: 7/22/2024 , Final Pretrial Conference set for 12/5/2024 at 10:00 AM and Jury Trial set for 12/16/2024 at 9:00 AM . Signed by Judge David W. Dugan on 12/15/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Wednesday, December 13, 2023 | ||
| 31 | 31
motion
Amend/Correct
Wed 12/13 5:10 PM
Joint MOTION to Amend/Correct 28 Scheduling Order,,,, Terminate Motions,,,18 Scheduling Order, by Matthew Kellum. (Mahoney, Ryan) |
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| Tuesday, November 21, 2023 | ||
| 30 | 30
order
Order ~Util - Terminate Motions ~Util - Add and Terminate Attorneys
Tue 11/21 9:46 AM
ORDER granting29 Motion to Withdraw as Attorney. Attorney Carla G. Tolbert is TERMINATED as counsel of record for Defendants Jackson County Sheriff's Office, Allan Bost, John Huffman, and Carson Bunton ("Defendants"). Attorney Bhairav Radia will continue to represent Defendants. Signed by Judge David W. Dugan on 11/21/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Friday, November 17, 2023 | ||
| 29 | 29
motion
Withdraw as Attorney
Fri 11/17 3:57 PM
MOTION to Withdraw as Attorney MOTION TO WITHDRAW CARLA G. TOLBERT AS COUNSEL OF RECORD FOR DEFENDANTS by Allan Bost, Carson Bunton, John Huffman, Jackson County Sheriff's Office. (Tolbert, Carla) |
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| Wednesday, July 26, 2023 | ||
| 28 | 28
order
Scheduling Order ~Util - Terminate Motions
Wed 07/26 1:24 PM
ORDER granting27 Joint Motion to Amend Scheduling Order. By Motion dated July 24, 2023, the parties move to extend certain discovery deadlines in the Court's Scheduling Order at Doc. 18 in order to accommodate additional depositions and participating in mediation prior to engaging in extensive expert discovery. For good cause shown, the Motion is GRANTED . The following deadlines in the Court's Scheduling Order are RESET : Discovery due: 3/22/2024 , Dispositive Motions due: 4/23/2024 , Final Pretrial Conference set for 8/1/2024 at 10:00 AM and Jury Trial set for 8/12/2024 at 9:00 AM . Signed by Judge David W. Dugan on 7/26/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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| Monday, July 24, 2023 | ||
| 27 | 27
motion
Amend/Correct
Mon 07/24 10:13 AM
Joint MOTION to Amend/Correct18 Scheduling Order, by Matthew Kellum. (Mahoney, Ryan) |
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| Thursday, April 20, 2023 | ||
| 26 | 26
notice
Notice of Appearance
Thu 04/20 2:41 PM
NOTICE of Appearance by Carla G. Tolbert on behalf of Allan Bost, Carson Bunton, John Huffman, Jackson County Sheriff's Office (Tolbert, Carla) |
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| Friday, February 10, 2023 | ||
| 25 | 25
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pgs
notice
Notice (Other)
Fri 02/10 4:45 PM
NOTICE by Matthew Kellum Certificate of Service re Plaintiff's Answers and Objections to Defendant Bost's Interrogatories and Responses and Objections to Defendants' First Request for Production (Mahoney, Ryan) |
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| Thursday, January 19, 2023 | ||
| 24 | 24
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pgs
order
Order ~Util - Terminate Motions
Thu 01/19 3:51 PM
PROTECTIVE ORDER, granting23 Motion for Qualified HIPAA and MHDDCA Protective Order. Signed by Judge David W. Dugan on 1/19/2023. (arm) |
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| Wednesday, January 18, 2023 | ||
| 23 | 23
motion
Protective Order
Wed 01/18 9:11 AM
MOTION for Protective Order Agreed Motion for Qualified HIPAA and MHDDCA Protective Order by Allan Bost, Carson Bunton, Jackson County Sheriff's Office. (Radia, Bhairav) |
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| Thursday, December 15, 2022 | ||
| 22 | 22
notice
Notice (Other)
Thu 12/15 3:43 PM
NOTICE by Matthew Kellum Certificate of Service re Plaintiff's First Set of Interrogatories and Request for Production Directed to Defendants Bost, Huffman and Bunton (Mahoney, Ryan) |
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| Tuesday, December 13, 2022 | ||
| 21 | 21
notice
Notice (Other)
Tue 12/13 4:33 PM
NOTICE by Matthew Kellum Certificate of Service re Plaintiff's First Set of Interrogatories and Request for Production Directed to Jackson County Sheriff's Office (Mahoney, Ryan) |
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| Thursday, December 08, 2022 | ||
| 20 | 20
notice
Notice (Other)
Thu 12/08 3:06 PM
NOTICE by Matthew Kellum Certificate of Service re Plaintiff's Initial Disclosures Pursuant to Rule 26(a) (Mahoney, Ryan) |
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| Tuesday, December 06, 2022 | ||
| 19 | 19
misc
Stipulation Selecting Mediator
Tue 12/06 2:11 PM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mediator Stephen Williams has been selected, contacted and has agreed to serve as Mediator for this action. Signed by Ryan J. Mahoney on behalf, and with consent, of all Counsel of Record on 12/6/2022. (Mahoney, Ryan) |
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| Wednesday, November 02, 2022 | ||
| 18 | 18
order
Scheduling Order
Wed 11/02 11:31 AM
SCHEDULING AND DISCOVERY ORDER: Discovery due by 11/23/2023. Dispositive Motions due by 12/22/2023. Stipulation Selecting Mediator to be filed by 12/6/2022. Mandatory Mediation Session to be completed by 10/24/2023. Mandatory Mediation Program Completion due by 12/8/2023. Signed by Judge David W. Dugan on 11/2/2022.(dmw2) |
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Att: 1
JROP
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order
Order 1 - Terminate Hearings ~Util - Set Hearings
Wed 11/02 11:27 AM
ORDER. The Court adopts the Joint Report of the Parties as submitted. Accordingly, the Scheduling Conference set for 11/8/2022 is CANCELLED . Should the parties seek to amend the trial date, a written motion will be required. A Status Conference is set for 1/3/2024 at 3:00 PM via Zoom video conference before Judge David W. Dugan. Signed by Judge David W. Dugan on 11/2/2022. (dmw2) |
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| Monday, October 31, 2022 | ||
| 16 | 16
answer
Answer to Complaint
Mon 10/31 9:39 PM
ANSWER to1 Complaint by All Defendants.(Radia, Bhairav) |
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| Tuesday, October 11, 2022 | ||
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order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Tue 10/11 9:37 AM
ORDER granting14 Motion for Extension of Time. By Motion dated October 10, 2022, Defendants seek additional time to file their answer. The Motion indicates that Plaintiff has no objection to the request. For good cause shown, the Motion is GRANTED . Defendants shall file their answer to Plaintiff's complaint by October 31, 2022 . Signed by Judge David W. Dugan on 10/11/2022. (arm) |
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| Monday, October 10, 2022 | ||
| 14 | 14
motion
Extension of Time to File Answer
Mon 10/10 2:57 PM
MOTION for Extension of Time to File Answer (Unopposed) by Allan Bost, Carson Bunton, John Huffman, Jackson County Sheriff's Office. (Radia, Bhairav) |
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| Thursday, October 06, 2022 | ||
| 13 | 13
2
pgs
order
Order Referring Case to Mediation
Thu 10/06 12:04 PM
ORDER REFERRING CASE to Mediation. Signed by Judge David W. Dugan on 10/6/2022. (dmw2) |
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| 12 | 12
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pgs
order
Order ~Util - Set Hearings
Thu 10/06 12:03 PM
ORDER. Scheduling Conference set for 11/8/2022 at 3:00 PM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 11/1/2022 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 10/6/2022.(dmw2) |
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Att: 1
JROP
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| 11 | 11
order
CJRA Track
Thu 10/06 12:00 PM
CJRA TRACK C assigned: Final Pretrial Conference set for 3/21/2024 at 10:00 AM and Jury Trial set for 4/1/2024 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 10/6/2022. (dmw2) |
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| Tuesday, October 04, 2022 | ||
| 10 | 10
service
Summons Returned Executed
Tue 10/04 4:29 PM
SUMMONS Returned Executed by Matthew Kellum. Carson Bunton served on 9/21/2022, answer due 10/12/2022. (Mahoney, Ryan) |
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| 9 | 9
service
Summons Returned Executed
Tue 10/04 4:27 PM
SUMMONS Returned Executed by Matthew Kellum. Jackson County Sheriff's Office served on 9/21/2022, answer due 10/12/2022. (Mahoney, Ryan) |
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| 8 | 8
service
Summons Returned Executed
Tue 10/04 4:22 PM
SUMMONS Returned Executed by Matthew Kellum. Allan Bost served on 9/21/2022, answer due 10/12/2022. (Mahoney, Ryan) |
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| 7 | 7
service
Summons Returned Executed
Tue 10/04 4:20 PM
SUMMONS Returned Executed by Matthew Kellum. John Huffman served on 9/21/2022, answer due 10/12/2022. (Mahoney, Ryan) |
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| Monday, October 03, 2022 | ||
| 6 | 6
notice
Notice of Appearance
Mon 10/03 1:33 PM
NOTICE of Appearance by Bhairav Radia on behalf of Allan Bost, Carson Bunton, John Huffman, Jackson County Sheriff's Office (Radia, Bhairav) |
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| Tuesday, September 20, 2022 | ||
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order
Order of Recusal
Tue 09/20 10:16 AM
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge David W. Dugan for all further proceedings. Signed by Judge J. Phil Gilbert on 9/20/2022. (jdh) |
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| Thursday, September 15, 2022 | ||
| 4 | 4
service
Summons Issued
Thu 09/15 10:31 AM
Summonses Issued as to Allan Bost, Carson Bunton, John Huffman and Jackson County Sheriff's Office. Originals mailed to counsel for service. (csb) |
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utility
Case Opening Notification
Thu 09/15 10:15 AM
Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-2159 JPG. (csb) |
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| Wednesday, September 14, 2022 | ||
| 2 | 2
notice
Notice of Appearance
Wed 09/14 3:58 PM
NOTICE of Appearance by Ryan J. Mahoney on behalf of Matthew Kellum (Mahoney, Ryan) |
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| 1 | 1
cmp
Complaint
Wed 09/14 3:56 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4882724.), filed by Matthew Kellum.(Mahoney, Ryan) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons
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