Davis v. City of Baton Rouge

Federal Civil Lawsuit Louisiana Middle District Court, Case No. 3:16-cv-00834
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Last Updated June 2, 2019 at 1:09 AM EDT (6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Wayne Davis, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
on behalf of
Ja'Colby Davis Shannon LaSalle Battiste +1 225 776 4450 +1 225 687 9902 shannonbattiste@yahoo.com
ATTORNEY TO BE NOTICED Shannon LaSalle Battiste +1 225 776 4450 +1 225 687 9902 shannonbattiste@yahoo.com
v.
No Logo Blane Salamoni, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Managan Lee Johnson +1 225 389 3114 managanm@hotmail.com
No Logo Carl Dabadie, Jr., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
in his official capacity as Chief of the Baton Rouge Police Department Managan Lee Johnson +1 225 389 3114 managanm@hotmail.com
in his official capacity as Chief of the Baton Rouge Police Department Tedrick Knightshead +1 225 389 8730 +1 225 389 8736 knightsheadlaw@gmail.com

Represented by Attorney at Law

Name Phone Fax E-Mail
in his official capacity as Chief of the Baton Rouge Police Department Alan Gregory Rome +1 225 248 1234 +1 225 248 1238 greg.rome@romelawbr.com

Represented by Office of the Parish Attorney

Name Phone Fax E-Mail
in his official capacity as Chief of the Baton Rouge Police Department Deelee S Morris +1 225 389 3809 dsmorris@brla.gov
No Logo EBRP Attorney's Office, Defendant
Officially listed as "City of Baton Rouge"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Managan Lee Johnson +1 225 389 3114 managanm@hotmail.com
Space Tedrick Knightshead +1 225 389 8730 +1 225 389 8736 knightsheadlaw@gmail.com

Represented by Attorney at Law

Name Phone Fax E-Mail
Space Alan Gregory Rome +1 225 248 1234 +1 225 248 1238 greg.rome@romelawbr.com

Represented by Office of the Parish Attorney

Name Phone Fax E-Mail
Space Deelee S Morris +1 225 389 3809 dsmorris@brla.gov
No Logo Kip Holden, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Managan Lee Johnson +1 225 389 3114 managanm@hotmail.com
Space Tedrick Knightshead +1 225 389 8730 +1 225 389 8736 knightsheadlaw@gmail.com

Represented by Attorney at Law

Name Phone Fax E-Mail
Space Alan Gregory Rome +1 225 248 1234 +1 225 248 1238 greg.rome@romelawbr.com

Represented by Office of the Parish Attorney

Name Phone Fax E-Mail
Space Deelee S Morris +1 225 389 3809 dsmorris@brla.gov
No Logo Todd Bourgoyne, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Managan Lee Johnson +1 225 389 3114 managanm@hotmail.com
Space Tedrick Knightshead +1 225 389 8730 +1 225 389 8736 knightsheadlaw@gmail.com

Represented by Attorney at Law

Name Phone Fax E-Mail
Space Alan Gregory Rome +1 225 248 1234 +1 225 248 1238 greg.rome@romelawbr.com

Represented by Office of the Parish Attorney

Name Phone Fax E-Mail
Space Deelee S Morris +1 225 389 3809 dsmorris@brla.gov
No Logo Unknown Officer 1, Defendant
No Logo Unknown Officer 2, Defendant
No Logo Unknown Officer 3, Defendant
No Logo XYZ INSURANCE COMPANY, Defendant
Attributes
Citation Unknown
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 39 Filed: 10/25/2018, Entered: None Order on Motion to Dismiss
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Legal Document (Payment Possibly Required) 38 Filed: 10/19/2018, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 37 Filed: 10/18/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 36 Filed: 8/29/2018, Entered: 8/29/2018 Order on Motion to Substitute Pleading (In Order to Correct Deficiency)Court Filing
ORDER granting 35 MOTION to Substitute Opposition to Defendant's Motion to Dismiss. The Clerk of Court shall substitute Record Document 35-1 with Record Document 34. Signed by Judge Brian A. Jackson on 8/29/2018. (KAH)
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Legal Document (Payment Possibly Required) 35 Filed: 8/27/2018, Entered: 8/27/2018 Substitute Pleading (In Order to Correct Deficiency)
MOTION to Substitute Opposition to Defendant's Motion to Dismiss for by All Plaintiffs. (Attachments: # 1 Exhibit Signed Oppostion To Defendant's Motion to Dismiss)(Battiste, Shannon)
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Legal Document (Payment Possibly Required) 34 Filed: 8/24/2018, Entered: 8/24/2018 response in opposition to motion
RESPONSE in Opposition to 33 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Attachments: # 1 Exhibit Email From State Being Unable to Serve, # 2 Exhibit Email From State Denying Representation of Salamoni)(Battiste, Shannon) Modified on 8/29/2018 to replace as per rec doc 36 (KAH).
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Legal Document (Payment Possibly Required) 33 Filed: 8/2/2018, Entered: 8/2/2018 Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim by Blane Salamoni. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Exhibit A)(Johnson, Managan)
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Legal Document (Payment Possibly Required) 32 Filed: 7/31/2018, Entered: None Unknown Document Type
Summons Return Executed by Wayne Davis (Attachments: # 1 Exhibit Statement Made by Process Server)(Battiste, Shannon) Modified on 7/31/2018 to edit the text (KAH). (Entered: 07/31/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 7/24/2018, Entered: 7/24/2018 response in opposition to motion
First RESPONSE in Opposition to 30 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit Photos of the Incident on April 17, 2016, # 2 Statement of Undisputed Facts)(Battiste, Shannon)
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Legal Document (Payment Possibly Required) 30 Filed: 7/2/2018, Entered: 7/2/2018 SUMMARY JUDGMENT
MOTION for Summary Judgment by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Proposed Pleading; Order, # 4 Exhibit A, # 5 Exhibit B)(Johnson, Managan)
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Legal Document (Payment Possibly Required) 29 Filed: 6/14/2018, Entered: 6/14/2018 Order on Motion to Extend Discovery DeadlinesCourt Filing
AMENDED SCHEDULING ORDER granting 25 Motion to Extend Dispositive and Daubert Motions Deadline. In accordance with Rule 16(b)(4) of the Federal Rules of Civil Procedure, the deadline to file dispositive motions and Daubert motions is extended to 7/2/2018. All other deadlines remain unchanged. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/14/2018. (KAH)
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Legal Document (Payment Possibly Required) 28 Filed: 6/11/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 26 Motion to Withdraw and Enroll as Counsel of Record. Attorney Deelee S. Morris is withdrawn as counsel for defendants, The City of Baton Rouge/Parish of East Baton Rouge, Chief of Police, Carl Dabadie, Jr., Mayor Kip Holden and Todd Bourgoyne. Managan L. Johnson is enrolled as counsel of record for defendants, The City of Baton Rouge/Parish of East Baton Rouge, Chief of Police, Carl Dabadie, Jr., Mayor Kip Holden and Todd Bourgoyne. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/11/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 06/11/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 6/8/2018, Entered: 6/8/2018 OrderCourt Filing
ORDER: Plaintiff must file any response Defendants' Motion to Extend [Dispositive and Daubert Motions] Deadline (R. Doc. 25) on or before 6/13/2018. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/8/2018. (KAH)
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Legal Document (Payment Possibly Required) 26 Filed: 6/6/2018, Entered: 6/6/2018 Withdraw as Attorney
MOTION for Deelee S. Morris to Withdraw as Attorney and Enroll Managan L. Johnson as Counsel of Record by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Proposed Pleading; Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 25 Filed: 6/6/2018, Entered: 6/6/2018 Extension of Discovery Deadlines
MOTION for Extension of Discovery Deadlines DISPOSITIVE AND DAUBERT MOTIONS by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 24 Filed: 3/15/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 23 Motion to Enroll Additional Counsel. Attorney Alan Gregory Rome added for Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr., and Kip Holden. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/15/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 03/15/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 3/9/2018, Entered: 3/9/2018 Unknown Document Type
MOTION to Enroll A. Gregory Rome as Additional Attorney by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Proposed Pleading; Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 22 Filed: 11/16/2017, Entered: 11/16/2017 Unknown Document TypeCourt Filing
RULING AND ORDER granting in part and denying in part 14 Motion for Partial Dismissal. Any 42 U.S.C. ?? 1983 claims against then Mayor Holden and Chief Dabadie are DISMISSED. Nothing in this ruling and order shall prohibit Plaintiffs from bringing a second motion for partial dismissal, with citations to state law, seeking dismissal of those claims titled "Pendant State Law Claims" in Defendant's Complaint. Signed by Chief Judge Brian A. Jackson on 11/15/17. (DCB)
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Legal Document (Payment Possibly Required) 21 Filed: 11/9/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 20 Motion to Extend Discovery Deadlines. The deadline for filing all discovery related motions and completing all discovery except experts is extended to 1/5/2018. All other deadlines remain as previously scheduled. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/9/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 11/09/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 11/9/2017, Entered: 11/9/2017 Unknown Document Type
MOTION for Extension of Discovery Deadlines by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 19 Filed: 4/25/2017, Entered: 4/25/2017 Unknown Document Type
Reply to 18 Show Cause Why Defendant Salamoni Should Not Be Dismissed for Failure to Serve filed by Wayne Davis. (Battiste, Shannon) Modified to edit text on 4/26/2017 (SGO).
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Legal Document (Payment Possibly Required) 18 Filed: 4/11/2017, Entered: 4/11/2017 Unknown Document TypeCourt Filing
ORDER. Plaintiff shall show cause, in writing, why Plaintiffs claims asserted against Blane Salamoni should not be dismissed because of Plaintiffs failure to serve this defendant within the time allowed by Fed. R. Civ. P. Rule 4(m). Plaintiff is advised that a failure to file a written response to this Order within the time allowed may result in the dismissal of Plaintiffs claims against this defendant without further notice from the Court. Show Cause Response due by 4/25/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/11/2017. (LLH)
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Legal Document (Payment Possibly Required) 17 Filed: 4/11/2017, Entered: 4/11/2017 Unknown Document TypeCourt Filing
ORDER: The scheduling conference set for 5/11/2017 is CANCELLED. In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 6/15/2017. F.R.C.P. 26(a)(1) disclosures due by 4/14/2017. Discovery due by 12/4/2017. Plaintiff`s Expert Witness List due by 1/5/2018. Defendant`s Expert Witness List due by 2/2/2018. Plaintiff`s Expert Reports due by 2/2/2018. Defendant`s Expert Reports due by 3/2/2018. Discovery from Experts due by 4/2/2018. Motions shall be filed by 6/18/2018. Proposed Pretrial Order due by 10/8/2018. Pretrial Conference set for 10/25/2018 at 02:30 PM in chambers before Chief Judge Brian A. Jackson. Motions In Limine shall be filed by 11/5/2018. Affidavit of Settlement Efforts due by 11/26/2018. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 12/21/2018. Jury Trial set for 1/7/2019 - 1/9/2019 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/11/2017. (LLH)
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Legal Document (Payment Possibly Required) 16 Filed: 4/7/2017, Entered: None Unknown Document Type
STATUS REPORT by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Morris, Deelee) (Entered: 04/07/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 4/7/2017, Entered: 4/7/2017 Unknown Document TypeCourt Filing
ORDER: Scheduling Conference set for 4/13/2017 is RESET for 5/11/2017 at 2:00 p.m. in chambers before Magistrate Judge Richard L. Bourgeois Jr. Joint Status Report due by 4/27/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/7/2017. (JSL)
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Legal Document (Payment Possibly Required) 14 Filed: 3/17/2017, Entered: 3/17/2017 Unknown Document Type
MOTION for Partial Dismissal by City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 13 Filed: 3/17/2017, Entered: None Unknown Document Type
ANSWER to 1 Complaint with Jury Demand by Todd Bourgoyne.(Morris, Deelee) (Entered: 03/17/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 2/24/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 11 Defendants' Motion for Extension of Time In Which to File Response to Complaint. The deadline for Defendants, The City of Baton Rouge/Parish of East Baton Rouge, Chief of Police Carl Dabadie, Jr., Mayor Kip Holden and Todd Bourgoyne, to file their answer is hereby extended twenty-one (21) days from the date the Response is due. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/24/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/24/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 2/23/2017, Entered: 2/23/2017 Unknown Document Type
MOTION for Extension of Time to File Answer by Todd Bourgoyne, City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee)
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Legal Document (Payment Possibly Required) 10 Filed: 1/31/2017, Entered: 1/31/2017 Unknown Document TypeCourt Filing
ORDER granting (R. Doc. 8) Motion for Extension of Time to File Pleadings. IT IS ORDERED that the Motion (R. Doc. 8) is GRANTED. The plaintiff is allowed an extension of time until March 30, 2017 to file the Joint Status Report.IT IS FURTHER ORDERED that the Scheduling Conference set for February 8, 2017is RESET for April 13, 2017 at 1:30 p.m. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/31/2017. (JSL) Modified on 2/24/2017 (JSL).
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Legal Document (Payment Possibly Required) 9 Filed: 1/25/2017, Entered: None Unknown Document Type
Notice of Certificate of Service to 8 MOTION for Extension of Time status report by Wayne Davis. (Battiste, Shannon) Modified on 1/26/2017 to edit text and rotate document(LLH). (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 1/25/2017, Entered: 1/25/2017 Unknown Document Type
MOTION for Extension of Time to File Status Report by Wayne Davis. (Battiste, Shannon) Modified on 1/26/2017 to edit text and rotate document (LLH).
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Legal Document (Payment Possibly Required) 7 Filed: 1/25/2017, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Wayne Davis. Todd Bourgoyne waiver sent on 1/20/2017, answer due 3/21/2017. (Battiste, Shannon) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 1/25/2017, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Wayne Davis. Kip Holden waiver sent on 1/20/2017, answer due 3/21/2017. (Battiste, Shannon) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 5 Filed: 1/25/2017, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Wayne Davis. City of Baton Rouge waiver sent on 1/20/2017, answer due 3/21/2017. (Battiste, Shannon) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 1/25/2017, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed by Wayne Davis. Carl Dabadie, Jr waiver sent on 1/20/2017, answer due 3/21/2017. (Battiste, Shannon) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 12/22/2016, Entered: 12/22/2016 Unknown Document TypeCourt Filing
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/8/2017 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 1/25/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/22/2016. (JSL)
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Legal Document (Payment Possibly Required) 2 Filed: 12/9/2016, Entered: None Unknown Document Type
Cover Sheet to 1 Complaint by All Plaintiffs. (Battiste, Shannon) Modified on 12/9/2016to edit the text (NLT). (Entered: 12/09/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 12/9/2016, Entered: 12/9/2016 Unknown Document Type
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1502643.), filed by Wayne Davis.(Battiste, Shannon) Modified on 12/9/2016 (NLT).
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Legal Document (Payment Possibly Required)  Filed: 6/6/2018, Entered: None Unknown Document Type
MOTION(S) REFERRED: 25 MOTION for Extension of Discovery Deadlines DISPOSITIVE AND DAUBERT MOTIONS, 26 MOTION for Deelee S. Morris to Withdraw as Attorney and Enroll Managan L. Johnson as Counsel of Record. This motion is now pending before the USMJ. (KAH)
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Legal Document (Payment Possibly Required)  Filed: 3/9/2018, Entered: None Unknown Document Type
MOTION(S) REFERRED: 23 MOTION to Enroll A. Gregory Rome as Additional Attorney . This motion is now pending before the USMJ. (KAH)
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Legal Document (Payment Possibly Required)  Filed: 11/9/2017, Entered: None Unknown Document Type
MOTION(S) REFERRED: 20 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (ELW)
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Legal Document (Payment Possibly Required)  Filed: 2/24/2017, Entered: None Unknown Document Type
MOTION(S) REFERRED: 11 MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (KAH)
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Legal Document (Payment Possibly Required)  Filed: 1/31/2017, Entered: None Unknown Document Type
Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Status Report due by 3/30/2017. Scheduling Conference set for 4/13/2017 at 01:30 PM in Courtroom 6 before Magistrate Judge Richard L. Bourgeois Jr. (JSL)
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Legal Document (Payment Possibly Required)  Filed: 1/26/2017, Entered: None Unknown Document Type
MOTION(S) REFERRED: 8 MOTION for Extension of Time status report. This motion is now pending before the USMJ. (LLH)
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