Weaver et al v. Unknown Defendant Caucasian Male LMPD Officer 1 et al
| Kentucky Western District Court | |
| Judge: | Rebecca Grady Jennings |
| Referred: | Regina S Edwards |
| Case #: | 3:24-cv-00103 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Feb 20, 2024 |
| Case in other court: | Jefferson Circuit Court, 24-CI-000939 |
| Last checked: Sunday Aug 18, 2024 5:09 AM EDT |
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Defendant
Chief of Police Jacquelyn Gwinn-Villaroel
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Represented By
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Defendant
Louisville-Jefferson County Metro Government
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Represented By
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Defendant
Unknown Defendant Caucasian Male LMPD Officer 1
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Defendant
Unknown Defendant Caucasian Male LMPD Officer 2
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Defendant
Unknown Defendant Caucasian Male LMPD Officer 3
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Defendant
Unknown Defendant Caucasian Male LMPD Officer 4
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Plaintiff
Micah Gazaway
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Represented By
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Plaintiff
Duron Weaver
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Represented By
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Plaintiff
Dushon Weaver
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Represented By
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Plaintiff
De'Arreon Williams
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Represented By
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GPO
Jun 03 2024
MEMORANDUM OPINION AND ORDER by Judge Rebecca Grady Jennings on 05/31/2024. Defendants' motion to dismiss [DE 5] is GRANTED in part and DENIED in part. Accordingly, it is ORDERED that: 1. Claims against Defendant Gwinn-Villaroel in her official capacity are DISMISSED. 2. All other claims remain pending. cc: Counsel (HMC) |
| Docket last updated: 65 minutes ago |
| Friday, May 23, 2025 | ||
| 44 | 44
order
Order - TEXT ONLY
Fri 05/23 8:51 AM
TEXT ORDER by Magistrate Judge Regina S. Edwards on 5/23/2025. A Telephonic Status Conference is scheduled for 7/21/2025 at 1:30 PM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-650-479-3207, Access Code 2316 055 1079. Counsel is advised that the Court is setting this conference telephonically as a convenience to and cost-saving measure for the Parties. But the telephonic conference is still a court proceeding for which the Court expects counsel to appear on time. Counsel is cautioned that non-appearance may result in the proceeding being rescheduled for an in-person conference that counsel of record must attend and/or the issuance of sanctions pursuant to Fed. R. Civ. P. 16(f). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) |
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| Wednesday, May 21, 2025 | ||
| 43 | 43
misc
Status Report
Wed 05/21 9:20 AM
Joint STATUS REPORT by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Klausing, Joseph) |
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| Tuesday, April 22, 2025 | ||
| 42 | 42
respm
Reply to Response to Motion
Tue 04/22 7:34 PM
REPLY to Response to Motion re36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyler Blissett, Brian Evanoff, Jacquelyn Gwinn-Villaroel, Matthew Hayden, Louisville-Jefferson County Metro Government, Christopher Priel, Unknown Defendant Caucasian Male LMPD Officer 1, Unknown Defendant Caucasian Male LMPD Officer 2, Unknown Defendant Caucasian Male LMPD Officer 3, Unknown Defendant Caucasian Male LMPD Officer 4. (Klausing, Joseph) |
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| Tuesday, April 15, 2025 | ||
| 41 | 41
minutes
Status Conference
Tue 04/15 10:54 AM
ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Status Conference held on 4/15/2025. Joint Status Report due by 5/15/2025. cc: Counsel (SMJ) |
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| Tuesday, April 08, 2025 | ||
| 40 | 40
respm
Response
Tue 04/08 11:18 PM
RESPONSE to re36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Micah Gazaway, Duron Weaver, Dushon Weaver, De'Arreon Williams. (Wimberly, Shaun) |
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| Tuesday, April 01, 2025 | ||
| 39 | 39
order
Order - TEXT ONLY
Tue 04/01 9:57 AM
TEXT ORDER by Magistrate Judge Regina S. Edwards on 4/1/2025. A Telephonic Status Conference is scheduled for 4/15/2025 at 10:30 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-650-479-3207, Access Code 2316 055 1079. Counsel is advised that the Court is setting this conference telephonically as a convenience to and cost-saving measure for the Parties. But the telephonic conference is still a court proceeding for which the Court expects counsel to appear on time. Counsel is cautioned that non-appearance may result in the proceeding being rescheduled for an in-person conference that counsel of record must attend and/or the issuance of sanctions pursuant to Fed. R. Civ. P. 16(f). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) |
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| Friday, March 28, 2025 | ||
| 38 | 38
misc
Status Report
Fri 03/28 12:25 PM
Joint STATUS REPORT by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Klausing, Joseph) |
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| Wednesday, March 19, 2025 | ||
| 37 | 37
order
Order - TEXT ONLY
Wed 03/19 10:11 AM
TEXT ORDER by Magistrate Judge Regina S. Edwards on 3/19/2025. On January 8, 2025, the Court ordered the Parties to file a joint status report no later than March 7, 2025. (DN 26). The Parties did not do so. Accordingly, the Court orders the Parties to file a joint status report no later than March 28, 2025, updating the Court on their progress in the case, including specific updates regarding discovery and any settlement discussions. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) |
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| Tuesday, March 18, 2025 | ||
| 36 | 36
motion
Dismiss for Failure to State a Claim
Tue 03/18 10:03 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Tyler Blissett, Brian Evanoff, Jacquelyn Gwinn-Villaroel, Matthew Hayden, Louisville-Jefferson County Metro Government, Christopher Priel, Unknown Defendant Caucasian Male LMPD Officer 1, Unknown Defendant Caucasian Male LMPD Officer 2, Unknown Defendant Caucasian Male LMPD Officer 3, Unknown Defendant Caucasian Male LMPD Officer 4 (Klausing, Joseph) |
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Att: 1
Proposed Order
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| Monday, February 24, 2025 | ||
| 35 | 35
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 02/24 2:51 PM
ORDER Signed by Judge Rebecca Grady Jennings on 2/24/2025 granting34 Motion for Susan Rivera to Withdraw as Attorney. Joseph Klausing substituted as counsel of record. cc: Counsel (SMJ) |
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| Friday, February 21, 2025 | ||
| 34 | 34
motion
Withdraw as Attorney
Fri 02/21 11:34 AM
MOTION to Withdraw as Attorney and Substitution of Counsel . (Continue to receive notice:No) by Defendants Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government, Unknown Defendant Caucasian Male LMPD Officer 1 (Rivera, Susan) |
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Att: 1
Proposed Order to Withdraw and Substitution of Counsel
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| 33 | 33
service
Summons Issued
Fri 02/21 10:57 AM
Summonses Issued as to Tyler Blissett, Brian Evanoff, Jacquelyn Gwinn-Villaroel, Matthew Hayden, Louisville-Jefferson County Metro Government, and Christopher Priel. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (SMJ) |
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Att: 1
Summons - Blissett,
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Att: 2
Summons - Hayden,
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Att: 3
Summons - Gwinn-Villaroel,
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Att: 4
Summons - Priel,
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Att: 5
Summons - Evanoff
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| 32 | 32
cmp
Amended Complaint
Fri 02/21 10:52 AM
AMENDED COMPLAINT against Tyler Blissett, Brian Evanoff, Jacquelyn Gwinn-Villaroel, Matthew Hayden, Louisville-Jefferson County Metro Government, and Christopher Priel, filed by Dushon Weaver, Micah Gazaway, Duron Weaver, and De'Arreon Williams. (SMJ) |
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| 31 | 31
1
pgs
order
Order on Motion for Leave to
Fri 02/21 10:47 AM
ORDER Signed by Judge Rebecca Grady Jennings on 2/20/2025 granting28 Motion for Leave to File Amended Complaint. cc: Counsel (SMJ) |
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| Tuesday, February 18, 2025 | ||
| 30 | 30
1
pgs
order
Order on Motion for Extension of Time to File
Tue 02/18 12:40 PM
ORDER Signed by Judge Rebecca Grady Jennings on 2/18/2025 granting29 Motion for Extension of Time to File. Plaintiffs are permitted to file the motion for leave to amend their complaint, no later than 11:59 p.m., EST, on 2/1/2025. cc: Counsel (SMJ) |
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| Saturday, February 01, 2025 | ||
| 29 | 29
motion
Extension of Time to File Document
Sat 02/01 1:17 AM
MOTION for Extension of Time to File by Plaintiff Micah Gazaway (Wimberly, Shaun) |
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Att: 1
Proposed Order Proposed Order,
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Att: 2
Exhibit Error Message
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| 28 | 28
motion
Leave to
Sat 02/01 1:01 AM
MOTION for Leave to by Plaintiffs De'Arreon Williams, Duron Weaver, Dushon Weaver (Wimberly, Shaun) |
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Att: 1
Exhibit Proposed Amended Complaint,
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Att: 2
Proposed Order Proposed Order,
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Att: 3
Summons Brian Ecanoff Summons,
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Att: 4
Summons Craig Priel Summons,
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Att: 5
Summons Jacquely Gwinn Vill Summons,
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Att: 6
Summons Matthew Hayden Summons,
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Att: 7
Summons Tayler Blissett summons,
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Att: 8
Summons Craig Greenburg Mayor Summons,
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Att: 9
Memorandum in Support Memorandum in support of Plaintiff Motion to Leave,
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Att: 10
Exhibit Initial Disclosurs,
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Att: 11
Exhibit Summon and Proof of Summons for Mayor and LJCMG,
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Att: 12
Exhibit Proof Service for Mayor,
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Att: 13
Exhibit LMPD Headquarters Address listed on its Website,
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Att: 14
Summons Poof of Service for Chief
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| Friday, January 10, 2025 | ||
| 27 | 27
5
pgs
order
Order on Motion for Default Judgment
Fri 01/10 2:27 PM
ORDER signed by Judge Rebecca Grady Jennings on 01/10/2025 denying21 Motion for Default Judgment. Plaintiffs' motion for default judgment [DE21 ] is DENIED. Plaintiffs SHALL amend their complaint [DE1 -1] by January 31, 2025. cc: Counsel (HMC) |
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| Wednesday, January 08, 2025 | ||
| 26 | 26
minutes
Status Conference
Wed 01/08 2:59 PM
ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Status Conference held on 1/8/2025. Counsel shall file a joint status report no later than March 7, 2025. cc: Counsel (HMC) |
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| Monday, November 18, 2024 | ||
| 25 | 25
respm
Response to Motion
Mon 11/18 10:10 AM
RESPONSE to Motion re21 MOTION for Default Judgment as to filed by Jacquelyn Gwinn-Villaroel, Matthew Hayden, Louisville-Jefferson County Metro Government. (Rivera, Susan) |
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Att: 1
Exhibit 1 - Proof of Service
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| Monday, November 04, 2024 | ||
| 24 | 24
notice
Notice (Other)
Mon 11/04 3:59 AM
NOTICE by Micah Gazaway, Duron Weaver, Dushon Weaver, De'Arreon Williams re21 MOTION for Default Judgment as to (Wimberly, Shaun) |
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Att: 1
Exhibit Proposed Order
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| 23 | 23
service
Summons Returned Executed
Mon 11/04 3:48 AM
SUMMONS Returned Executed by Dushon Weaver, Micah Gazaway, Duron Weaver, De'Arreon Williams. Matthew Hayden served on 8/14/2024, answer due 9/4/2024. (Wimberly, Shaun) |
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Att: 1
Receipt Proof of Service on LJCMG,
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Att: 2
Receipt Proof of Service on Gwinn-Villaroel Cheif Jacauelyn,
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Att: 3
Receipt Proof of Service on Matthew Hayden
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| 22 | 22
notice
Notice (Other)
Mon 11/04 3:38 AM
NOTICE by Micah Gazaway, Duron Weaver, Dushon Weaver, De'Arreon Williams re21 MOTION for Default Judgment as to ,1 Notice of Removal, (Wimberly, Shaun) |
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Att: 1
Exhibit Plaintiffs Amended Complaint Filed in State Court and Served on Defendants
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| 21 | 21
motion
Default Judgment
Mon 11/04 3:35 AM
MOTION for Default Judgment as to by Plaintiffs Duron Weaver, Dushon Weaver, De'Arreon Williams (Wimberly, Shaun) |
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Att: 1
Exhibit Pls Complaint and Issued Summonses,
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Att: 2
Exhibit Pls Amended Complaint and Issued Summonses,
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Att: 3
Exhibit Proof of Service, Honorable Mayor Greenberg,
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Att: 4
Exhibit Proof of Service, Chief Jacquelyn Gwinn-Villaroel,
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Att: 5
Exhibit Proof of Service, Honorable Mayor Greenberg,
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Att: 6
Exhibit Proof of Service, Honorable Mayor Greenberg,
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Att: 7
Exhibit Proof of Service, Chief Jacquelyn Gwinn-Villaroel,
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Att: 8
Exhibit Def LJCMGs Notice of Removal In State Court,
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Att: 9
Exhibit Pls filed Civil Summons to Hayden, Matthew,
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Att: 10
Exhibit Proof of Service, Hayden, Matthew,
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Att: 11
Exhibit Defs Second (2nd) Notice of Removal In State Court,
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Att: 12
Exhibit affidavit of counsel for Plaintiffs
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| Wednesday, October 30, 2024 | ||
| 20 | 20
order
Order - TEXT ONLY
Wed 10/30 8:44 AM
TEXT ORDER by Magistrate Judge Regina S. Edwards on 10/30/2024. A Telephonic Status Conference is scheduled for 1/8/2025 at 11:30 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-650-479-3207, Access Code 2316 055 1079. Counsel is advised that the Court is setting this conference telephonically as a convenience to and cost-saving measure for the Parties. But the telephonic conference is still a court proceeding for which the Court expects counsel to appear on time. Counsel is cautioned that non-appearance may result in the proceeding being rescheduled for an in-person conference that counsel of record must attend and/or the issuance of sanctions pursuant to Fed. R. Civ. P. 16(f). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) |
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| Tuesday, October 29, 2024 | ||
| 19 | 19
misc
Status Report
Tue 10/29 8:56 AM
Joint STATUS REPORT by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Rivera, Susan) |
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| Monday, August 26, 2024 | ||
| 18 | 18
minutes
Scheduling Conference
Mon 08/26 10:49 AM
SCHEDULING ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Scheduling Conference held on 8/22/2024. Rule 26(a)(1) Disclosure due by 10/3/2024. Plaintiff's Amended Pleadings/Joinder of Parties due by 1/3/2025. Defendant's Amended Pleadings/Joinder of Parties due by 3/3/2025. Fact Discovery due by 9/2/2025. Expert Witness (Plaintiff) due by 10/15/2025. Expert Witness (Defendant) due by 11/17/2025. Expert Discovery due by 12/15/2025. Dispositive/Daubert Motions due by 2/2/2026. Pretrial Conference set for 8/18/2026 at 1:30 PM in Louisville Courtroom before Judge Rebecca Grady Jennings. Jury Trial set for 9/15/2026 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. cc: counsel, Jury Clerk (JM) |
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| Wednesday, August 14, 2024 | ||
| 17 | 17
order
Order - TEXT ONLY
Wed 08/14 8:22 AM
TEXT ORDER by Magistrate Judge Regina S. Edwards on 8/14/2024. At the request of counsel, the Telephonic Scheduling Conference set for 8/14/2024 is RESCHEDULED to 8/22/2024 at 11:00 AM before Magistrate Judge Regina S. Edwards. The dial in information will remain the same. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) |
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| Monday, August 05, 2024 | ||
| 16 | 16
misc
Report of Rule 26(f) Planning Meeting (Litigation Plan)
Mon 08/05 2:56 PM
Joint REPORT of Rule 26(f) Planning Meeting by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Rivera, Susan) |
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| Wednesday, July 10, 2024 | ||
| 15 | 15
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 07/10 1:44 PM
ORDER Signed by Judge Rebecca Grady Jennings on 7/10/2024 granting11 Motion for Brandon Rudolph to Withdraw as Attorney. cc: Counsel (SMJ) |
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| 14 | 14
4
pgs
order
Order
Wed 07/10 1:03 PM
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Regina S. Edwards on 7/10/2024. Telephonic Rule 16 Case-Management Conference set for 8/14/2024 at 10:30 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. cc: Counsel (SMJ) |
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| Tuesday, July 09, 2024 | ||
| 13 | 13
order
Order - TEXT ONLY
Tue 07/09 11:28 AM
TEXT ORDER by Judge Rebecca Grady Jennings on 7/9/2024; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Regina S. Edwards for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Edwards.Pursuant to 28 U.S.C. Section 636(c), and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States magistrate judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (https://www.kywd.uscourts.gov/sites/kywd/files/forms/ao085-1-Notice-Consent.pdf) and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel,CM-RSE. (ARM) |
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| Tuesday, July 02, 2024 | ||
| 12 | 12
answer
Answer to Complaint
Tue 07/02 10:48 AM
ANSWER to Complaint with Jury Demand by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Rivera, Susan) |
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| Friday, June 14, 2024 | ||
| 11 | 11
motion
Withdraw as Attorney
Fri 06/14 11:04 AM
MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Plaintiffs Micah Gazaway, Duron Weaver, Dushon Weaver, De'Arreon Williams (Wimberly, Shaun) |
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Att: 1
Proposed Order Proposed Order Granting Withdrawal of Brandon Rudolph as Attorney of Record for Plaintiffs
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| Monday, June 03, 2024 | ||
| 10 | 10
13
pgs
order
Memorandum Opinion Order
Mon 06/03 9:21 AM
MEMORANDUM OPINION AND ORDER by Judge Rebecca Grady Jennings on 05/31/2024. Defendants' motion to dismiss [DE5 ] is GRANTED in part and DENIED in part. Accordingly, it is ORDERED that: 1. Claims against Defendant Gwinn-Villaroel in her official capacity are DISMISSED. 2. All other claims remain pending. cc: Counsel (HMC) |
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| Thursday, April 18, 2024 | ||
| 9 | 9
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 04/18 12:19 PM
ORDER Signed by Judge Rebecca Grady Jennings on 4/17/2024 granting7 Motion for Extension of Time to File Response. Plaintiff is permitted to file Responses to the said defendants' motion, no later than Saturday, 3/23/2024. cc: Counsel (SMJ) |
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| Thursday, March 28, 2024 | ||
| 8 | 8
respm
Reply to Response to Motion
Thu 03/28 1:51 PM
REPLY to Response to Motion re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government. (Rivera, Susan) |
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| Saturday, March 23, 2024 | ||
| 7 | 7
motion
Extension of Time to File Response/Reply
Sat 03/23 12:37 AM
MOTION for Extension of Time to File Response/Reply as to6 Response,5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Duron Weaver, Dushon Weaver, De'Arreon Williams (Wimberly, Shaun) |
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Att: 1
Proposed Order
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| 6 | 6
respm
Response
Sat 03/23 12:02 AM
RESPONSE to re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Duron Weaver. (Wimberly, Shaun) |
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Att: 1
Memorandum in Support
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| Friday, March 01, 2024 | ||
| 5 | 5
motion
Dismiss for Failure to State a Claim
Fri 03/01 11:08 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jacquelyn Gwinn-Villaroel, Louisville-Jefferson County Metro Government (Rivera, Susan) |
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Att: 1
Proposed Order
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| Wednesday, February 21, 2024 | ||
| 4 | 4
notice
Deficiency
Wed 02/21 2:10 PM
ATTORNEY NOTICE of Deficiency to Brandon Rudolph re1 Notice of Removal,.Reason for Deficiency: full admission to WDKY/motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 3/8/2024. (KJA) |
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| 3 | 3
notice
Notice (Other)
Wed 02/21 9:31 AM
CLERK'S NOTICE re1 Notice of Removal. cc: Counsel of Record, Jefferson Circuit Court (MNM) |
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| Tuesday, February 20, 2024 | ||
| 2 | 2
utility
Case Assignment
Wed 02/21 9:26 AM
Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (MNM) |
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| 1 | 1
cmp
Notice of Removal
Wed 02/21 9:25 AM
NOTICE OF REMOVAL by Jacquelyn Gwinn-Villaroel and Louisville-Jefferson County Metro Government from Jefferson Circuit Court, case number 24-CI-000939 (filing fee $405, receipt number AKYWDC-3980467). (MNM) |
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Att: 1
Exhibit A - State Court File,
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Att: 2
Exhibit B - Notice Filed in State Court Action,
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Att: 3
Cover Sheet
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