Staples, Bey v. Childress et al
| West Virginia Southern District Court | |
| Judge: | Irene C Berger |
| Referred: | Omar J Aboulhosn |
| Case #: | 2:23-cv-00400 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 22, 2023 |
| Terminated: | Sep 12, 2023 |
| Last checked: Sunday Nov 19, 2023 5:09 AM EST |
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Defendant
H. Childress
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Represented By
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Defendant
Charleston Police Department
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Represented By
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Defendant
Copley Garage, Inc.
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Represented By
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Defendant
Officer Daber
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Represented By
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Defendant
T. Harper
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Represented By
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Defendant
Matt Hill
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Represented By
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Defendant
D. O. Nikocevic
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Represented By
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Defendant
Emmett C. Petry
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Represented By
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Defendant
Taylor
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Represented By
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Plaintiff
Don Juan Staples, Bey
P. O. Box 8851
South Charleston, WV 25303 |
| Docket last updated: 04/25/2025 11:59 PM EDT |
| Tuesday, September 12, 2023 | ||
| 32 | 32
misc
Transmitted Certified Copy
Tue 09/12 11:19 AM
TRANSMITTED CERTIFIED COPY of31 Judgment Order to counsel of record and any unrepresented party. (arb) |
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| 31 | 31
order
Judgment
Tue 09/12 11:12 AM
JUDGMENT ORDER In accordance with the29 Memorandum Opinion and Order dismissing the Plaintiff's1 Complaint, the Court ORDERS that judgment be entered accordingly and that this case be DISMISSED and STRICKEN from the docket of the Court. Signed by Judge Irene C. Berger on 9/12/2023. (cc: counsel of record, any unrepresented party and Magistrate Judge Aboulhosn) (arb) |
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| 30 | 30
misc
Transmitted Certified Copy
Tue 09/12 11:04 AM
TRANSMITTED CERTIFIED COPY of29 Memorandum Opinion and Order to counsel of record and any unrepresented party. (arb) |
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pgs
order
Order Adopting Proposed Findings and Recommendations
Tue 09/12 10:57 AM
MEMORANDUM OPINION AND ORDER adopting the27 Proposed Findings and Recommendation by Magistrate Judge; granting the10 Motion to Dismiss by H. Childress, Matt Hill, Officer Daber, T. Harper, D. O. Nikocevic, Taylor, and Charleston Police Department ("the City of Charleston Defendants"); granting the16 Motion to Dismiss filed by Emmett C. Petry and Copley Garage, Inc.; dismissing Plaintiff's1 Complaint with prejudice and removing this case from the Court's docket. Signed by Judge Irene C. Berger on 9/12/2023. (cc: counsel of record, any unrepresented party and Magistrate Judge Aboulhosn) (arb) |
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| Thursday, August 17, 2023 | ||
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pgs
order
Order on Motion / Application / Petition to Amend Order on Motion / Application / Petition to Compel
Thu 08/17 12:10 PM
ORDER denying as moot Plaintiff's14 MOTION to Amend and24 MOTION to Compel Signed by Magistrate Judge Omar J. Aboulhosn on 8/17/2023. (cc: Plaintiff, counsel of record) (lca) |
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| 27 | 27
motion
Proposed Findings and Recommendations By Magistrate Judge
Thu 08/17 12:03 PM
PROPOSED FINDINGS AND RECOMMENDATION recommending that the District Court grant the10 MOTION by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor to Dismiss1 Complaint and grant the16 MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss1 Complaint and dismiss this action with prejudice. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 8/31/2023. If the PF&R was served by mail, Objections are due by 9/5/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 8/17/2023. (cc: Pro-se Plaintiff, counsel of record) (lca) |
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| Tuesday, August 08, 2023 | ||
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respm
Reply To Response
Tue 08/08 8:02 PM
REPLY by Copley Garage, Inc., Emmett C. Petry to23 Response In Opposition,24 to Compel. (McQuain, Elise) |
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utility
Motions Referred
Wed 08/09 11:12 AM
MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn:24 MOTION by Don Juan Staples, Bey to Compel Discovery. (kew) |
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| Tuesday, August 01, 2023 | ||
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order
Judge Berger's Scheduling Order
Tue 08/01 11:38 AM
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 8/10/2023 is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 9/11/2023. Last date to serve discovery requests - 1/12/2024. All discovery to be completed - 2/9/2024. Last date to complete depositions - 3/8/2024. Opening Rule 26 expert disclosures - 12/28/2023. Responsive Rule 26 expert disclosures - 1/29/2024. Rebuttal Rule 26 expert disclosure - 2/12/2024. Dispositive motions deadline - 4/5/2024. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 6/14/2024. Responses for motions in limine - 6/21/2024. Proposed voir dire, jury instructions, and verdict form - 7/22/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 7/18/2024, Integrated pretrial order - 7/25/2024. Pretrial Conference/Final Settlement Conference on 8/1/2024 at 1:30 PM. Trial on 8/12/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 8/1/2023. (cc: counsel of record; any unrepresented party) (mfo) |
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| Friday, July 28, 2023 | ||
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respm
Response In Opposition
Fri 07/28 2:18 PM
RESPONSE by Don Juan Staples, Bey to16 MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss1 Complaint. (lca) |
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respm
Response In Opposition
Fri 07/28 2:15 PM
RESPONSE by Don Juan Staples, Bey to16 MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss1 Complaint and Memorandum in Support and Plaintiff's Discovery Request. (lca) |
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misc
Rule 26(f) Report Of Planning Meeting
Fri 07/28 2:12 PM
RULE 26(f) REPORT OF PLANNING MEETING by Don Juan Staples, Bey. (lca) |
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misc
Rule 26(f) Report Of Planning Meeting
Fri 07/28 11:40 AM
RULE 26(f) REPORT OF PLANNING MEETING by Copley Garage, Inc., Emmett C. Petry, H. Childress, Matt Hill, Daber, T. Harper, D. O. Nikocevic, Taylor, Charleston Police Department. (McQuain, Elise) (Modified on 7/28/2023 to add party filers) (kew) |
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| Monday, July 24, 2023 | ||
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notice
Notice Of Change Of Attorney Information
Mon 07/24 10:52 AM
NOTICE OF CHANGE OF ATTORNEY INFORMATION by James C. Stebbins requesting removal from the Court service list on behalf of Copley Garage, Inc., Emmett C. Petry. (Stebbins, James) |
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| Friday, July 21, 2023 | ||
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misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Fri 07/21 1:55 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Copley Garage, Inc. (McQuain, Elise) |
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| Monday, July 17, 2023 | ||
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2
pgs
order
Order
Mon 07/17 9:56 AM
ORDER re:16 MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss1 Complaint; directing Plaintiff to respond by 7/31/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 7/17/2023. (cc: counsel of record; Plaintiff) (lca) |
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| Friday, July 14, 2023 | ||
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8
pgs
respm
Memorandum In Support
Fri 07/14 2:13 PM
MEMORANDUM OF LAW by Copley Garage, Inc., Emmett C. Petry in support of16 MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss With Prejudice. (McQuain, Elise) |
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motion
Dismiss
Fri 07/14 2:10 PM
MOTION by Copley Garage, Inc., Emmett C. Petry to Dismiss With Prejudice. Motion referred to Magistrate Judge Omar J. Aboulhosn.(McQuain, Elise) |
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| Thursday, June 29, 2023 | ||
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notice
Notice Of Change Of Address
Thu 06/29 12:23 PM
NOTICE OF CHANGE OF ADDRESS by Don Juan Staples, Bey. (tmr) |
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| Monday, June 26, 2023 | ||
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motion
Amend
Mon 06/26 3:28 PM
MOTION by Don Juan Staples, Bey for Leave to Amend the1 Complaint and Memorandum of Law in Support. Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca) |
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Att: 1
Proposed Amended Complaint,
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Att: 2
Affidavit,
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Att: 3
Proposed Order
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pgs
order
Order
Mon 06/26 12:38 PM
ORDER re:10 MOTION by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor to Dismiss1 Complaint; directing the Plaintiff to respond by 7/10/2023; defendant will have 7 business days within which to reply. Signed by Magistrate Judge Omar J. Aboulhosn on 6/26/2023. (cc: Plaintiff, counsel of record) (lca) |
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| Friday, June 23, 2023 | ||
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order
Judge Berger's Order and Notice
Fri 06/23 9:44 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 7/14/2023. Last day for Rule 26(f) meeting - 7/21/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 7/28/2023. Scheduling Conference at 2:00 PM in Charleston, West Virginia on 8/10/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 8/17/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 8/24/2023. Signed by Judge Irene C. Berger on 6/23/2023. (cc: counsel of record; any unrepresented party) (mfo) |
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| Friday, June 16, 2023 | ||
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10
pgs
respm
Memorandum In Support
Fri 06/16 5:46 AM
MEMORANDUM OF LAW by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor in support of10 MOTION by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor to Dismiss With Prejudice. (Bailey, Robert) |
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motion
Dismiss
Fri 06/16 5:43 AM
MOTION by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor to Dismiss With Prejudice. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Bailey, Robert) |
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Att: 1
Exhibit A
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| Thursday, June 15, 2023 | ||
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answer
Answer To Complaint
Thu 06/15 2:10 PM
ANSWER TO1 Complaint, by Copley Garage, Inc., Emmett C. Petry.(Stebbins, James) |
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| Tuesday, June 13, 2023 | ||
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answer
Answer To Complaint
Tue 06/13 4:31 PM
ANSWER TO1 Complaint, by Charleston Police Department, H. Childress, Daber, T. Harper, Matt Hill, D. O. Nikocevic, Taylor.(Mullins, Michael) |
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| 7 | 7
1
pgs
order
Order on Motion / Application / Petition to Extend Time to File Answer
Tue 06/13 9:16 AM
ORDER granting the6 MOTION by Copley Garage, Inc., Emmett C. Petry for Extension of Time to Respond to1 Complaint; the Defendants shall file an Answer or Response by 6/29/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 6/13/2023. (cc: counsel of record) (jsa) |
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| Monday, June 12, 2023 | ||
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motion
Extend Time To File Answer
Mon 06/12 4:15 PM
MOTION by Copley Garage, Inc., Emmett C. Petry to Extend Time to File Answer to June 29, 2023 Motion referred to Magistrate Judge Omar J. Aboulhosn.(McQuain, Elise) |
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| Tuesday, May 23, 2023 | ||
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service
Summons Issued
Tue 05/23 2:36 PM
SUMMONS ISSUED BY CERTIFIED MAIL by the Clerk for Charleston Police Department, H. Childress, Copley Garage, Inc., Daber, T. Harper, Matt Hill, D. O. Nikocevic, Emmett C. Petry, Taylor, re:1 Complaint, returnable 21 days. (lca) |
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Att: 1
Summons issued as to Nicocevic,
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Att: 2
Summons issued as to CPD,
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Att: 3
Summons issued as to Petry/Copleys,
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Att: 4
Summons issued as to Taylor K9,
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Att: 5
Summons issued as to Harper,
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Att: 6
Summons issued as to Daber,
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Att: 7
Certified Mail Receipts
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service
Summons Submitted (Proposed)
Tue 05/23 12:04 PM
PROPOSED SUMMONS SUBMITTED by Don Juan Staples, Bey for Charleston Police Department, H. Childress, Copley Garage, Inc., Daber, T. Harper, Matt Hill, D. O. Nikocevic, Emmett C. Petry, Taylor, re:1 Complaint. (lca) (Modified on 5/23/2023 to add link to #1 complaint) (mkw) |
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order
Mag. Judge Aboulhosn - Judge Berger Administrative Order
Tue 05/23 10:40 AM
ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Proposed Findings & Recommendations. (cc: attys; any unrepresented party) (klc) |
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| Monday, May 22, 2023 | ||
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notice
Notice (Other)
Tue 05/23 12:01 PM
NOTICE OF LETTER REQUEST by Don Juan Staples, Bey, requesting service of Summonses and Complaint. (lca) |
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| 1 | 1
cmp
Complaint
Mon 05/22 4:25 PM
COMPLAINT FOR VIOLATION OF RIGHTS UNDER 42 U.S.C. § 1983; 18 U.S.C. § 241; 18 U.S.C. § 242; 18 U.S.C. § 245. Filing Fee $402.00. Receipt # 2001225. (cla) |
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Att: 1
Filing fee receipt,
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Att: 2
Exhibits 1-4,
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Att: 3
Civil Cover Sheet
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utility
Case Assigned
Tue 05/23 10:40 AM
CASE assigned to Judge Irene C. Berger. (klc) |
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