Dines v. Kelly et al
| Kansas District Court | |
| Judge: | Kathryn H Vratil |
| Referred: | Gwynne E Birzer |
| Case #: | 2:22-cv-02248 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jun 24, 2022 |
| Terminated: | Dec 20, 2022 |
| Last checked: Wednesday Dec 21, 2022 3:05 AM CST |
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Defendant
Laura Kelly
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Represented By
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Defendant
Derek Schmidt
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Represented By
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Plaintiff
Murray Dines
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Represented By
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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: 6 hours 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 | ||
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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 | ||
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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 | ||
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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 (Vokins, Tai) |
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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
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| 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
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| 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 | ||
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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
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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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