Nethery et al v. City of Aurora et al
| Missouri Western District Court | |
| Judge: | Beth Phillips |
| Case #: | 3:22-cv-05035 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 06, 2022 |
| Terminated: | Nov 20, 2023 |
| Last checked: Wednesday Nov 02, 2022 3:29 AM CDT |
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Defendant
David Chatman
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Represented By
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Defendant
City of Aurora
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Represented By
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Defendant
City of Marionville
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Represented By
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Defendant
Derek Henson
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Represented By
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Defendant
Christopher Kozisek
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Represented By
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Defendant
Derek Zentner
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Represented By
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Plaintiff
Chris Nethery
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Represented By
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Plaintiff
Michelle Nethery
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Represented By
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Plaintiff
The Estate of Savannah Hill
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Represented By
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| 1. | Federal lawsuit filed 4 years after Aurora woman was killed by police during a traffic stop (ky3.com) |
| Submitted Thu 05/26/2022 | |
| Docket last updated: 11/22/2024 11:59 PM CST |
| Tuesday, December 12, 2023 | ||
| 48 | 48
misc
Satisfaction of Judgment
Tue 12/12 4:24 PM
SATISFACTION OF JUDGMENT by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill. (James, John) |
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| Monday, November 20, 2023 | ||
| 47 | 47
order
Clerk's Order of Dismissal
Mon 11/20 11:20 AM
Clerk's ORDER OF DISMISSAL. (Murphy-Carr, Shauna) |
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| Friday, November 17, 2023 | ||
| 46 | 46
misc
Stipulation of Dismissal
Fri 11/17 9:52 AM
STIPULATION of dismissal by Plaintiffs and by David Chatman, City of Aurora, City of Marionville, Derek Henson, Christopher Kozisek, Derek Zentner. (Baker, David) |
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| Tuesday, November 07, 2023 | ||
| 45 | 45
4
pgs
order
Order on Motion for Miscellaneous Relief
Tue 11/07 3:47 PM
ORDER APPROVING WRONGFUL DEATH SETTLEMENT, granting40 . Plaintiffs and Defendants shall execute a Stipulation of Dismissal With Prejudice which shall be filed with the Court within thirty days. See Order for details. Signed on 11/7/23 by Chief District Judge Beth Phillips. (Cordell, Annette) |
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| Wednesday, November 01, 2023 | ||
| 44 | 44
misc
Financial Affidavit
Wed 11/01 12:28 PM
FINANCIAL AFFIDAVIT by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill.(James, John) |
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Att: 1
Supplement Certificate of Service for the signed Affidavit of Ridge Hill
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| Tuesday, October 24, 2023 | ||
| 43 | 43
minutes
Telephone Conference
Tue 10/24 11:25 AM
Minute Entry. Proceedings held before Chief District Judge Beth Phillips: TELEPHONE CONFERENCE held on 10/24/2023. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
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| Friday, October 20, 2023 | ||
| 42 | 42
notice
Notice of Hearing
Fri 10/20 3:14 PM
NOTICE OF TELECONFERENCE HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 10/24/2023 09:00 AM before Chief District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. (Cordell, Annette) |
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| 41 | 41
notice
Notice of Hearing
Fri 10/20 10:09 AM
NOTICE OF TELECONFERENCE HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 10/24/2023 10:30 AM before Chief District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. (Cordell, Annette) |
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notice
Notice of Hearing Cancellation
Fri 10/20 3:13 PM
NOTICE OF HEARING CANCELLATION & RESET (Time Only) - The Teleconference scheduled for 10/24/23 at 10:30 AM is RESET to 10/24/23 (same day) at 9:00 AM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
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| Monday, October 16, 2023 | ||
| 40 | 40
misc
Settlement Agreement
Mon 10/16 5:20 PM
SETTLEMENT AGREEMENT by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill.(James, John) |
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Att: 1
Supplement Ridge Hill Signed Declaration (redacted)
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| Tuesday, June 20, 2023 | ||
| 39 | 39
order
Amended Scheduling Order
Tue 06/20 3:37 PM
SECOND AMENDED SCHEDULING ORDER: Discovery due by 1/29/2024. Dispositive Motions due by 2/29/2024. Teleconference set for 6/28/2024 01:30 PM. Pretrial Conference set for 7/11/2024 01:30 PM via teleconference. Jury Trial set for 7/22/2024 08:30 AM in Courtroom 2, Springfield (VJC) before Chief District Judge Beth Phillips. Signed on 6/20/23 by Chief District Judge Beth Phillips. (Cordell, Annette) |
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| Thursday, June 15, 2023 | ||
| 38 | 38
motion
Amend/Correct
Thu 06/15 12:28 PM
Joint MOTION to amend/correct Scheduling and Trial Order filed by David S. Baker on behalf of David Chatman, City of Aurora, City of Marionville, Derek Henson, Christopher Kozisek, Derek Zentner. Suggestions in opposition/response due by 6/29/2023 unless otherwise directed by the court. (Baker, David) |
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| Friday, February 03, 2023 | ||
| 37 | 37
order
Amended Scheduling Order
Fri 02/03 2:34 PM
AMENDED SCHEDULING ORDER: Discovery due by 9/29/2023. Dispositive Motions due by 10/30/2023. Teleconference set for 2/16/2024, 2:30 PM. Pretrial Conference set for 3/1/2024, 1:30 PM via teleconference. Jury Trial set for 3/11/2024 08:30 AM in Courtroom 2, Springfield (VJC) before Chief District Judge Beth Phillips. Signed on 2/3/23 by Chief District Judge Beth Phillips. (Cordell, Annette) |
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| 36 | 36
motion
Amend/Correct
Fri 02/03 10:47 AM
Joint MOTION to amend/correct SCHEDULING AND TRIAL ORDER filed by David S. Baker on behalf of David Chatman, City of Aurora, City of Marionville, Derek Henson, Christopher Kozisek, Derek Zentner. Suggestions in opposition/response due by 2/17/2023 unless otherwise directed by the court. (Baker, David) |
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| Tuesday, January 31, 2023 | ||
| 35 | 35
answer
Answer to Amended Complaint
Tue 01/31 10:01 AM
Defendants City of Marionville & PO David Chapman ANSWER to33 Amended Complaint on behalf of David Chatman, City of Marionville.(Parsons, Dawn) |
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| Wednesday, January 25, 2023 | ||
| 34 | 34
answer
Answer to Amended Complaint
Wed 01/25 1:28 PM
ANSWER to33 Amended Complaint on behalf of City of Aurora, Derek Henson, Christopher Kozisek, Derek Zentner.(Baker, David) |
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| Tuesday, January 17, 2023 | ||
| 33 | 33
cmp
Amended Complaint
Tue 01/17 5:55 PM
AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants filed by John D. James on behalf of All Plaintiffs.(James, John) |
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| Wednesday, January 11, 2023 | ||
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order
Order on Motion to Amend/Correct
Wed 01/11 8:24 AM
ORDER granting30 motion for leave to file Amended Complaint. Plaintiffs shall have three business days to electronically file their Amended Complaint. Signed on 1/11/2023 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) |
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| Thursday, January 05, 2023 | ||
| 31 | 31
discov
Certificate of Service
Thu 01/05 11:25 AM
CERTIFICATE OF SERVICE by City of Aurora Defendant's Responses to Plaintiffs' First Interrogatory filed by David S. Baker on behalf of Defendant City of Aurora.(Baker, David) |
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| Tuesday, December 27, 2022 | ||
| 30 | 30
motion
Amend/Correct
Tue 12/27 1:47 PM
MOTION to amend/correct1 Complaint, filed by John D. James on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/10/2023 unless otherwise directed by the court. (James, John) |
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Att: 1
Plaintiffs' First Amended Complaint
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| Tuesday, November 08, 2022 | ||
| 29 | 29
notice
Notice of Appearance
Tue 11/08 1:18 PM
NOTICE of appearance by Charles F. James on behalf of All Plaintiffs (Attorney Charles F. James added to party Chris Nethery(pty:pla), Attorney Charles F. James added to party Michelle Nethery(pty:pla), Attorney Charles F. James added to party The Estate of Savannah Hill(pty:pla))(James, Charles) |
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| Wednesday, November 02, 2022 | ||
| 28 | 28
discov
Certificate of service of initial Rule 26 disclosures
Wed 11/02 10:36 AM
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Dawn M Parsons on behalf of Defendants David Chatman, City of Marionville.(Parsons, Dawn) |
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| Monday, October 17, 2022 | ||
| 27 | 27
discov
Certificate of service of initial Rule 26 disclosures
Mon 10/17 5:00 PM
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David S. Baker on behalf of Defendants City of Aurora, Derek Henson, Christopher Kozisek, Derek Zentner.(Baker, David) |
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| Wednesday, October 05, 2022 | ||
| 26 | 26
notice
Notice of Filing
Wed 10/05 2:06 PM
NOTICE of filing PLAINTIFFS NOTICE OF CANCELLATION OF DEPOSITION by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill (James, John) |
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| Friday, September 16, 2022 | ||
| 25 | 25
notice
Notice of Filing
Fri 09/16 11:15 AM
NOTICE of filing PLAINTIFFS NOTICE OF CANCELLATION OF DEPOSITION by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill (James, John) |
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| Thursday, September 15, 2022 | ||
| 24 | 24
discov
Certificate of Service
Thu 09/15 11:54 AM
CERTIFICATE OF SERVICE by City of Marionville Responses to Plaintiff's First Request for Production of Documents filed by Dawn M Parsons on behalf of Defendant City of Marionville.(Parsons, Dawn) |
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| Wednesday, September 14, 2022 | ||
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notice
Notice of Filing
Wed 09/14 1:02 AM
NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
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| Friday, September 09, 2022 | ||
| 23 | 23
discov
Certificate of Service
Fri 09/09 2:11 PM
CERTIFICATE OF SERVICE by City of Aurora for its Responses to Plaintiff's 1st RFP filed by David S. Baker on behalf of Defendant City of Aurora.(Baker, David) |
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| Thursday, September 08, 2022 | ||
| 22 | 22
adr
Designation of Mediator
Thu 09/08 4:24 PM
DESIGNATION OF MEDIATOR naming Ron Mitchell(Baker, David) |
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| Wednesday, September 07, 2022 | ||
| 21 | 21
order
Protective Order
Wed 09/07 10:57 AM
PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 9/7/22 by Chief District Judge Beth Phillips.. (Cordell, Annette) |
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Att: 1
Exhibit 1-Acknowledgement of Protective Order
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| Tuesday, September 06, 2022 | ||
| 20 | 20
notice
Notice of Filing
Tue 09/06 2:30 PM
NOTICE of filing PLAINTIFFS NOTICE OF CANCELLATION OF DEPOSITION by Chris Nethery, Michelle Nethery, The Estate of Savannah Hill (James, John) |
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| Thursday, September 01, 2022 | ||
| 19 | 19
motion
Protective Order
Thu 09/01 11:28 AM
Joint MOTION for protective order filed by Plaintiff and filed by David S. Baker on behalf of David Chatman, City of Aurora, City of Marionville, Derek Henson, Christopher Kozisek, Derek Zentner. Suggestions in opposition/response due by 9/15/2022 unless otherwise directed by the court. (Baker, David) |
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| 18 | 18
discov
Notice to Take Deposition
Thu 09/01 10:26 AM
NOTICE to take deposition of Evan Tyrrell filed by John D. James on behalf of Plaintiffs Chris Nethery, Michelle Nethery, The Estate of Savannah Hill.(James, John) |
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| Wednesday, August 24, 2022 | ||
| 17 | 17
discov
Notice to Take Deposition
Wed 08/24 12:06 PM
NOTICE to take deposition of Darien Hamm filed by John D. James on behalf of Plaintiffs Chris Nethery, Michelle Nethery, The Estate of Savannah Hill.(James, John) |
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| Wednesday, August 17, 2022 | ||
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notice
Notice of Filing
Wed 08/17 1:07 AM
NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
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| Monday, August 15, 2022 | ||
| 16 | 16
discov
Notice to Take Deposition
Mon 08/15 1:31 PM
NOTICE to take deposition of Gerard G. Callahan filed by John D. James on behalf of Plaintiffs Chris Nethery, Michelle Nethery, The Estate of Savannah Hill.(James, John) |
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| 15 | 15
adr
Designation of Mediator
Mon 08/15 9:00 AM
DESIGNATION OF MEDIATOR naming Bradley Winters(Baker, David) |
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| Tuesday, August 02, 2022 | ||
| 14 | 14
order
Scheduling Order
Tue 08/02 2:59 PM
SCHEDULING ORDER: Discovery due by 5/30/2023. Dispositive Motions due by 6/26/2023. Telephone Conference set for 12/28/2023 10:30 AM. Pretrial Conference set for 1/11/2024, 1:30 PM via teleconference. Jury Trial set for 1/22/2024 08:30 AM in Courtroom 2, Springfield (VJC) before Chief District Judge Beth Phillips. Signed on 8/2/22 by Chief District Judge Beth Phillips. (Cordell, Annette) |
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| Monday, August 01, 2022 | ||
| 13 | 13
misc
Proposed Scheduling Order
Mon 08/01 11:50 AM
Joint PROPOSED SCHEDULING ORDER by Plaintiff and by David Chatman, City of Aurora, City of Marionville, Derek Henson, Christopher Kozisek, Derek Zentner. (Baker, David) |
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| Monday, July 25, 2022 | ||
| 12 | 12
answer
Answer to Complaint
Mon 07/25 12:45 PM
ANSWER to1 Complaint, with Jury Demand on behalf of Derek Henson.(Attorney David S. Baker added to party Derek Henson(pty:dft))(Baker, David) |
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| Thursday, July 07, 2022 | ||
| 11 | 11
notice
Notice of Appearance
Thu 07/07 9:48 AM
NOTICE of appearance by Richard F. Lombardo on behalf of David Chatman, City of Marionville (Attorney Richard F. Lombardo added to party David Chatman(pty:dft), Attorney Richard F. Lombardo added to party City of Marionville(pty:dft))(Lombardo, Richard) |
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| Wednesday, July 06, 2022 | ||
| 10 | 10
answer
Answer to Complaint
Wed 07/06 1:57 PM
ANSWER to1 Complaint, with Jury Demand on behalf of Derek Zentner.(Attorney David S. Baker added to party Derek Zentner(pty:dft))(Baker, David) |
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notice
Notice of Filing
Wed 07/06 1:02 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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| Friday, July 01, 2022 | ||
| 9 | 9
order
Rule 16 Notice
Fri 07/01 2:14 PM
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 8/16/2022. Rule 26 conference due by 8/2/2022. Signed on 7/1/22 by Chief District Judge Beth Phillips. (Cordell, Annette) |
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| Tuesday, June 28, 2022 | ||
| 8 | 8
service
Return of Service of Complaint Executed
Tue 06/28 12:47 PM
RETURN OF SERVICE of complaint executed by All Plaintiffs. Derek Zentner served on 6/21/2022, answer due 7/12/2022. (James, John) |
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| Monday, June 27, 2022 | ||
| 7 | 7
answer
Answer to Complaint
Mon 06/27 10:40 AM
Defendant Kozisek's ANSWER to1 Complaint, with Jury Demand on behalf of Christopher Kozisek.(Attorney David S. Baker added to party Christopher Kozisek(pty:dft))(Baker, David) |
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| 6 | 6
answer
Answer to Complaint
Mon 06/27 10:38 AM
Defendant City of Aurora's ANSWER to1 Complaint, with Jury Demand on behalf of City of Aurora.(Attorney David S. Baker added to party City of Aurora(pty:dft))(Baker, David) |
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| 5 | 5
answer
Answer to Complaint
Mon 06/27 9:43 AM
ANSWER to1 Complaint, with Jury Demand on behalf of David Chatman, City of Marionville.(Attorney Dawn M Parsons added to party David Chatman(pty:dft), Attorney Dawn M Parsons added to party City of Marionville(pty:dft))(Parsons, Dawn) |
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| Wednesday, June 15, 2022 | ||
| 4 | 4
service
Return of Service of Complaint Executed
Wed 06/15 9:39 AM
RETURN OF SERVICE of complaint executed by All Plaintiffs. City of Aurora served on 6/6/2022, answer due 6/27/2022. (James, John) |
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| 3 | 3
service
Return of Service of Complaint Executed
Wed 06/15 9:34 AM
RETURN OF SERVICE of complaint executed by All Plaintiffs. City of Marionville served on 6/6/2022, answer due 6/27/2022. (James, John) |
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| Monday, June 06, 2022 | ||
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service
Summons Issued
Mon 06/06 12:52 PM
SUMMONS ISSUED as to David Chatman, Derek Henson, Christopher Kozisek, Derek Zentner. (Woods, Gloria) |
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| Thursday, May 19, 2022 | ||
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service
Summons Issued
Thu 05/19 11:05 AM
SUMMONS ISSUED as to City of Aurora, City of Marionville. (Ellis, Lindsey) |
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| Friday, May 06, 2022 | ||
| 2 | 2
notice
Notice of MAPN
Fri 05/06 2:21 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. (Furtak, Rebecca) |
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Att: 1
MAP General Order
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| 1 | 1
16
pgs
cmp
Complaint
Fri 05/06 1:28 PM
COMPLAINT Petition for damages against All Defendants filed by John D. James on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7920741. Service due by 8/4/2022 unless otherwise directed by the court.(James, John) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet - Nethery/Hill
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