Doe v. Diocese of Covington et al
| Kentucky Eastern District Court | |
| Judge: | Danny C Reeves |
| Referred: | Candace J Smith |
| Case #: | 2:23-cv-00151 |
| Nature of Suit | 448 Civil Rights - Education |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 30, 2023 |
| Last checked: Saturday Apr 27, 2024 6:36 AM EDT |
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Defendant
Diocese of Covington
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Represented By
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Defendant
Does 1-20
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Represented By
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Defendant
Hehman
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Represented By
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Defendant
Reinersman
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Represented By
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Defendant
St. Joseph Catholic Church
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Represented By
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Plaintiff
Jane Doe
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Represented By
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GPO
May 10 2024
MEMORANDUM OPINION & ORDER: The motion for partial judgment on the pleadings by Defendant Hehman 8 is GRANTED. Counts One (Title VII Race Discrimination), Three (Disability Discrimination), Five (False Imprisonment), Seven (Intentional Infliction of Emotion Distress), and Eight (Retaliation) against this defendant are dismissed with prejudice. The motion for partial judgment on the pleadings by Defendants Gerald Reinersman and John Does 1-20 9 is GRANTED. Counts One (Title VII Race Discrimination), Two (Sections 1981 and 1983 Race Discrimination), Four (Disability Discrimination), Five (False Imprisonment), Eight (Retaliation), and Nine (Negligent Hiring and Supervision) against these defendants are dismissed with prejudice. The motion for partial judgment on the pleadings by Defendants Diocese of Covington and St. Joseph Catholic School 10 is GRANTED. Counts Two (Section 1983 Race Discrimination), Five (False Imprisonment), Eight (Retaliation), and Nine (Negligent Hiring and Supervision) against these defendants are dismissed with prejudice. Signed by Chief Judge Danny C. Reeves on 5/10/2024.(SLG)cc: COR |
| Docket last updated: 10/18/2024 11:59 PM EDT |
| Friday, October 18, 2024 | ||
| 48 | 48
notice
Notice of Filing
Fri 10/18 11:57 AM
NOTICE OF FILING by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church re47 Sealed Document (Enzweiler, Michael) |
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| 47 | 47
misc
Sealed Document
Fri 10/18 11:54 AM
SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re45 Order on Motion for Leave, by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church (Enzweiler, Michael) |
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| Thursday, October 17, 2024 | ||
| 46 | 46
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Thu 10/17 5:10 PM
ORDER: Plaintiffs shall file their Response to Defendants' Motion to Compel43 by not later than Friday, October 25, 2024, with any Reply by Defendants to be filed within seven (7) days following Plaintiffs' filing of their Response. Signed by Magistrate Judge Candace J. Smith on 10/17/2024. (TBB) |
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| 45 | 45
2
pgs
order
Order on Motion for Leave
Thu 10/17 5:01 PM
ORDER: Defendants' Motion for Leave to File the Deposition Transcript of Plaintiff, Jane Doe, Under Seal42 is hereby GRANTED. Defendants are hereby authorized to file the deposition transcript of Plaintiff Jane Doe UNDER SEAL. Signed by Magistrate Judge Candace J. Smith on 10/17/2024. (TBB) |
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| 44 | 44
order
Protective Order
Thu 10/17 4:33 PM
STIPULATED PROTECTIVE ORDER Signed by Magistrate Judge Candace J. Smith on 10/17/2024.(TBB) |
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Att: 1
Stipulated Protective Order Attachment A
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| Tuesday, October 15, 2024 | ||
| 43 | 43
motion
Compel
Tue 10/15 3:54 PM
MOTION to Compel by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church to Compel Discovery from Plaintiffs, to Overrule Plaintiffs' Objections to Third-Party Subpoenas, and to Compel Compliance with Subpoenas Duces Tecum Motions referred to Candace J. Smith.(Enzweiler, Michael) |
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Att: 1
Exhibit 1 - Memorandum in Support,
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Att: 2
Exhibit 2 - Plaintiff's Answers to Interrogatories,
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Att: 3
Exhibit 3 - Plaintiff's Responses to Request for Production of Documents,
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Att: 4
Exhibit 4 - Signed Authorizations,
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Att: 5
Exhibit 5 - Subpoena Notices,
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Att: 6
Exhibit 6 - No Objection to Subpoenas,
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Att: 7
Exhibit 7 - Subpoenas to Boston,
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Att: 8
Exhibit 8 - Subpoenas to Talkspace,
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Att: 9
Exhibit 9 - Boston email exchange,
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Att: 10
Exhibit 10 - Email request for chat messages,
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Att: 11
Exhibit 11 - Enzweiler Davis Emails 8-28-24,
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Att: 12
Exhibit 12 - Enzweiler-Davis Emails 9-24-24,
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Att: 13
Exhibit 13 - Defendants' Position Statement,
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Att: 14
Exhibit 14 - Plaintiff's Position Statement,
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Att: 15
Exhibit 15 - Follow-up from call 10-8-24,
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Att: 16
Exhibit 16 - Subpoena Notices 10-9-24,
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Att: 17
Exhibit 17 - Plaintiff's Objection,
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Att: 18
Exhibit 18 - Proposed Order
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| 42 | 42
motion
For Leave
Tue 10/15 2:38 PM
MOTION for Leave by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church To File the Deposition Transcript of Plaintiff, Jane Doe, Under Seal Motions referred to Candace J. Smith.(Enzweiler, Michael) |
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Att: 1
Exhibit 1 - Proposed Order
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| Monday, October 14, 2024 | ||
| 41 | 41
misc
Stipulation
Mon 10/14 10:42 AM
STIPULATION STIPULATED PROTECTIVE ORDER by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Guilfoyle, Mark) |
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| Wednesday, October 09, 2024 | ||
| 40 | 40
minutes
Telephone Conference
Thu 10/10 10:20 AM
MINUTE ENTRY ORDER FOR INFORMAL TELEPHONE CONFERENCE regarding discovery dispute held on 10/9/2024 before Magistrate Judge Candace J. Smith. (TJG) |
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| Monday, October 07, 2024 | ||
| 39 | 39
misc
Status Report
Mon 10/07 5:49 PM
STATUS REPORT October by Jane Doe. (Davis, Jamir) |
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| Friday, October 04, 2024 | ||
| 38 | 38
minutes
Telephone Conference ~Util - Set Hearings
Fri 10/04 4:18 PM
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/4/2024, before Magistrate Judge Candace J. Smith: After reviewing the letters and speaking with the parties, the Court determined step one of the discovery dispute procedures had not been exhausted. The Court scheduled a follow-up, informal step two call for Wednesday, 10/9/2024 at 09:30 AM . Parties are directed to confer, exhaust step one, and notify Chambers if the dispute is resolved prior to Wednesdays conference. Signed by Magistrate Judge Candace J. Smith on 10/04/2024. (SLG) |
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| Thursday, September 05, 2024 | ||
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discov
Notice to Take Deposition
Thu 09/05 3:32 PM
FIRST NOTICE to Take Deposition of Hehman on 12:00 P.M. by Jane Doe.(Davis, Jamir) |
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| 36 | 36
discov
Notice to Take Deposition
Thu 09/05 3:31 PM
FIRST NOTICE to Take Deposition of Monsignor Reinersman on 9:00 A.M. by Jane Doe.(Davis, Jamir) |
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| Wednesday, September 04, 2024 | ||
| 35 | 35
misc
Status Report
Wed 09/04 10:42 PM
MONTHLY STATUS REPORT by Jane Doe. (Davis, Jamir) |
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| Wednesday, August 07, 2024 | ||
| 34 | 34
discov
Notice to Take Deposition
Wed 08/07 4:59 PM
NOTICE to Take Deposition of Jane Doe on August 15, 2024 at 9:00 a.m. by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church.(Birkenhauer, Nicholas) |
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| Monday, August 05, 2024 | ||
| 33 | 33
misc
Status Report
Mon 08/05 11:45 AM
JOINT STATUS REPORT by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Birkenhauer, Nicholas) |
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| Monday, July 01, 2024 | ||
| 32 | 32
misc
Status Report
Mon 07/01 3:40 PM
JOINT STATUS REPORT by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Birkenhauer, Nicholas) |
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| Monday, June 03, 2024 | ||
| 31 | 31
misc
Status Report
Mon 06/03 1:13 PM
JOINT STATUS REPORT by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Birkenhauer, Nicholas) |
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| Friday, May 10, 2024 | ||
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17
pgs
order
Memorandum Opinion and Order Terminate Motions
Fri 05/10 7:37 AM
MEMORANDUM OPINION & ORDER: The motion for partial judgment on the pleadings by Defendant Hehman8 is GRANTED. Counts One (Title VII Race Discrimination), Three (Disability Discrimination), Five (False Imprisonment), Seven (Intentional Infliction of Emotion Distress), and Eight against this defendant are dismissed with prejudice. The motion for partial judgment on the pleadings by Defendants Gerald Reinersman and John Does 1-209 is GRANTED. Counts One (Title VII Race Discrimination), Two (Sections 1981 and 1983 Race Discrimination), Four (Disability Discrimination), Five (False Imprisonment), Eight, and Nine (Negligent Hiring and Supervision) against these defendants are dismissed with prejudice. The motion for partial judgment on the pleadings by Defendants Diocese of Covington and St. Joseph Catholic School10 is GRANTED. Counts Two (Section 1983 Race Discrimination), Five (False Imprisonment), Eight, and Nine (Negligent Hiring and Supervision) against these defendants are dismissed with prejudice. Signed by Chief Judge Danny C. Reeves on 5/10/2024.(SLG) |
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| Monday, May 06, 2024 | ||
| 29 | 29
misc
Status Report
Mon 05/06 12:51 PM
JOINT STATUS REPORT by Jane Doe, by and through C.B. and by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Birkenhauer, Nicholas) |
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| Monday, April 01, 2024 | ||
| 28 | 28
misc
Status Report
Mon 04/01 5:08 PM
JOINT STATUS REPORT by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Enzweiler, Michael) |
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| Monday, March 04, 2024 | ||
| 27 | 27
misc
Status Report
Mon 03/04 12:58 PM
JOINT STATUS REPORT by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church. (Birkenhauer, Nicholas) |
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| Monday, February 26, 2024 | ||
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utility
Motion Submitted
Mon 02/26 8:54 AM
***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re9 MOTION for Judgment on the Pleadings by Does 1-20, Reinersman ,8 MOTION for Judgment on the Pleadings by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church ,10 MOTION for Judgment on the Pleadings by Diocese of Covington, St. Joseph Catholic Church (SLG) |
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| Friday, February 23, 2024 | ||
| 26 | 26
respoth
Reply
Fri 02/23 12:49 PM
REPLY to10 in Support of Motion for Partial Judgment on the Pleadings filed by Diocese of Covington, St. Joseph Catholic Church. (Guilfoyle, Mark) |
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| 25 | 25
respoth
Reply
Fri 02/23 12:30 PM
REPLY to9 in Support of Motion for Partial Judgment on the Pleadings filed by Does 1-20, Reinersman. (Guilfoyle, Mark) |
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| 24 | 24
respoth
Reply
Fri 02/23 11:22 AM
REPLY to8 In Support of Motion for Judgment on Pleadings filed by Hehman. (Guilfoyle, Mark) |
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| Wednesday, February 14, 2024 | ||
| 22 | 22
order
Scheduling Order Deadline
Wed 02/14 10:53 AM
SCHEDULING ORDER: No later than June 3, 2024, the parties are directed to exchange information required by Rule 26(a)(1) which has not been previously exchanged. These disclosures need not be filed in the record. No later than September 19, 2024, the plaintiff is directed to disclose the identity of expert witnesses who may be used at trial and written reports by the expert witnesses. No later than October 17, 2024, the defendants are directed to disclose the identity of expert witnesses who may be used at trial and written reports by the experts. Any party filing a rebuttal witness report is directed to do so no later than October 31, 2024. Supplementation under Rule 26(e) is due within thirty days of the discovery of new information, but by no later than thirty days prior to the close of discovery. No later than November 1, 2024, the parties are directed to complete all discovery. Pursuant to 28 U.S.C. § 636(b)(1)(A), all discovery disputes are referred to the United States Magistrate Judge selected by random draw. All motions for extensions of time must be referred to the undersigned for disposition. The parties are advised in advance that such motions are not favored and must be accompanied by a memorandum and affidavit of counsel outlining sufficient grounds for granting the relief sought. The parties may not, by agreement, extend any of the deadlines set forth in this Scheduling Order. No later than November 11, 2024, the parties are directed to file any motions to amend pleadings and/or join additional parties. The parties are directed to file all dispositive motions and Daubert motions no later than January 10, 2025. On or before February 7, 2025, counsel is directed to file, submit to the Courts chambers, and provide to opposing counsel, the following: (see a-c). On or before February 14, 2025, counsel is directed to pre-mark and number all exhibits and provide to opposing counsel, copies of all such exhibits and of all demonstrative aids intended to be used at trial. On or before February 21, 2025, counsel is directed to file with the Clerk, submit to the Court, and provide to opposing counsel, any objections to the use of depositions or to the admissibility of exhibits. The above listed pretrial filings may be submitted to the undersigned. No later than February 28, 2025, the parties are directed to submit to the Courts chambers a copy of each exhibit.This action is assigned for a JURY TRIAL on Tuesday, 3/11/2025 at 09:00 AM , at the United States Courthouse in Covington, Kentucky, with counsel to be present at 8:30 a.m. The estimated length of trial is five days. The parties may request a pretrial conference as appropriate closer to the trial date. The parties are directed to file a joint status report the first Monday of each month. The parties are directed to use the services of a private mediator in the event they seek to mediate their dispute. Signed by Chief Judge Danny C. Reeves on 2/14/2024.(SLG) |
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utility
File Submitted
Wed 02/14 8:50 AM
***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review:21 Joint Report of Rule 26(f) Planning Meeting. (SLG) |
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utility
Add and Terminate Judges
Wed 02/14 10:57 AM
Magistrate Judge Candace J. Smith added. (SLG) |
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| Tuesday, February 13, 2024 | ||
| 21 | 21
misc
Report of Rule 26(f) Planning Meeting
Tue 02/13 3:14 PM
JOINT REPORT of Rule 26(f) Planning Meeting. (Birkenhauer, Nicholas) |
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| Monday, February 12, 2024 | ||
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notice
Notice of Docket Modification
Mon 02/12 9:27 AM
NOTICE OF DOCKET MODIFICATION TO Jamir A. Davis, I re20 Response in Opposition to Motion; Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (SLG) |
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| Friday, February 09, 2024 | ||
| 20 | 20
respm
Response in Opposition to Motion
Fri 02/09 10:36 PM
RESPONSE in Opposition re9 MOTION for Judgment on the Pleadings by Does 1-20, Reinersman filed by Jane Doe.(Davis, Jamir) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Affidavit
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| 19 | 19
respm
Response in Opposition to Motion
Fri 02/09 10:34 PM
RESPONSE in Opposition re10 MOTION for Judgment on the Pleadings by Diocese of Covington, St. Joseph Catholic Church filed by Jane Doe. (Davis, Jamir) |
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| Wednesday, February 07, 2024 | ||
| 18 | 18
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Wed 02/07 1:13 PM
ORDER: Defendants may reply in support of the motion for judgment on the pleadings by Defendant Cly Denna Hehman8 no later than February 23, 2024. Signed by Chief Judge Danny C. Reeves on 02/07/2024.(SLG) |
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| 17 | 17
1
pgs
order
Order Terminate Motions ~Util - Set Motion and R&R Deadlines/Hearings
Wed 02/07 8:12 AM
ORDER: Plaintiff Jane Doe's motion13 is GRANTED. Plaintiffs shall file their response no later than February 9, 2024. Defendants may reply no later than February 23, 2024. Signed by Chief Judge Danny C. Reeves on 02/07/2024.(SLG) |
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| 16 | 16
1
pgs
order
Order Terminate Motions
Wed 02/07 8:10 AM
ORDER: Plaintiff Jane Doe's motion12 is GRANTED. Plaintiffs shall file their response no later than February 9, 2024. Defendants may reply no later than February 23, 2024. Signed by Chief Judge Danny C. Reeves on 02/07/2024.(SLG) |
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| Tuesday, January 30, 2024 | ||
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notice
Notice of Action Striking a Document from the Record
Tue 01/30 10:09 AM
NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re14 MOTION for Extension of Time to Complete Discovery by Jane Doe was an INCORRECT PDF (document filed in the wrong case) as main document; Attorney shall re-file the corrected MOTION for Extension of Time to Complete Discovery by Jane Doe within seven (7) calendar days. *TG* cc: COR (TDB) |
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| Monday, January 29, 2024 | ||
| 15 | 15
notice
Notice of Filing
Mon 01/29 4:35 PM
NOTICE OF FILING by Jane Doe re13 FIRST MOTION for Extension of Time by Jane Doe ,12 FIRST MOTION for Extension of Time by Jane Doe (Davis, Jamir) |
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Att: 1
Proposed Order
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utility
Motion Submitted
Mon 01/29 12:45 PM
***MOTION SUBMITTED TO CHAMBERS of Chief Judge Danny C. Reeves for review: re14 Joint MOTION for Extension of Time to Complete Discovery by Jane Doe (TDB) |
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| Friday, January 26, 2024 | ||
| 14 | 14
motion
Extension of Time to Complete Discovery
Fri 01/26 6:23 PM
MOTION for Extension of Time to Complete Discovery by Jane Doe(Davis, Jamir) |
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Att: 1
Proposed Order Agreed Order
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notice
Notice of Deficiency
Fri 01/26 8:49 AM
NOTICE OF DEFICIENCY TO Jamir A. Davis re13 FIRST MOTION for Extension of Time by Jane Doe ,12 FIRST MOTION for Extension of Time by Jane Doe attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days , prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR (SLG) |
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| Thursday, January 25, 2024 | ||
| 13 | 13
motion
Extension of Time
Thu 01/25 11:56 PM
FIRST MOTION for Extension of Time by Jane Doe (Davis, Jamir) |
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| 12 | 12
motion
Extension of Time
Thu 01/25 11:56 PM
FIRST MOTION for Extension of Time by Jane Doe (Davis, Jamir) |
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| 11 | 11
respoth
Response
Thu 01/25 11:40 PM
RESPONSE to8 filed by Jane Doe.(Davis, Jamir) |
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Att: 1
Declaration
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| Thursday, January 04, 2024 | ||
| 10 | 10
motion
Judgment on the Pleadings
Thu 01/04 3:35 PM
MOTION for Judgment on the Pleadings by Diocese of Covington, St. Joseph Catholic Church(Guilfoyle, Mark) |
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Att: 1
Attachment Memorandum in Support,
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Att: 2
Proposed Order
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| 9 | 9
motion
Judgment on the Pleadings
Thu 01/04 2:54 PM
MOTION for Judgment on the Pleadings by Does 1-20, Reinersman(Guilfoyle, Mark) |
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Att: 1
Attachment Memorandum in Support,
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Att: 2
Proposed Order
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| 8 | 8
motion
Judgment on the Pleadings
Thu 01/04 1:41 PM
MOTION for Judgment on the Pleadings by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church(Guilfoyle, Mark) |
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Att: 1
Attachment Memorandum in Support,
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Att: 2
Proposed Order
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| Wednesday, January 03, 2024 | ||
| 7 | 7
2
pgs
order
Order For Meeting and Report
Wed 01/03 9:53 AM
ORDER FOR MEETING AND REPORT: Within thirty (30) days, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. At the time of the meeting, counsel for the parties shall exchange the disclosures. Within fourteen (14) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. (see a-i) Signed by Chief Judge Danny C. Reeves on 01/03/2024.(SLG) |
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Att: 1
MJ Consent Form
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| Tuesday, January 02, 2024 | ||
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utility
File Submitted
Tue 01/02 3:13 PM
***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review:6 Answer to Complaint. (SLG) |
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| Thursday, December 28, 2023 | ||
| 6 | 6
answer
Answer to Complaint
Thu 12/28 11:10 AM
ANSWER to1 Complaint, by Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church.(Guilfoyle, Mark) |
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Att: 1
Exhibit Exhibit 1 - Hehman Apology Note
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| Friday, November 17, 2023 | ||
| 5 | 5
misc
Disclosure Statement pursuant to FRCP 7.1
Fri 11/17 11:41 AM
FRCP 7.1 DISCLOSURE STATEMENT by Diocese of Covington, St. Joseph Catholic Church. (Guilfoyle, Mark) |
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| 4 | 4
notice
Notice of Appearance
Fri 11/17 11:39 AM
NOTICE of Appearance by Mark D. Guilfoyle on behalf of Diocese of Covington, Does 1-20, Hehman, Reinersman, St. Joseph Catholic Church (Guilfoyle, Mark) |
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| Friday, November 10, 2023 | ||
| 3 | 3
service
Waiver of Service Executed
Fri 11/10 2:48 PM
WAIVER OF SERVICE Returned Executed by Jane Doe. All Defendants. (Davis, Jamir) |
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| Monday, October 30, 2023 | ||
| 1 | 1
cmp
Complaint
Mon 10/30 12:50 PM
COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $402; receipt number AKYEDC-5685075), filed by Jane Doe.(SLG) |
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Att: 1
Exhibit A-Psychological Eval.pdf,
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Att: 2
Exhibit B-Classmate Statement.pdf,
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Att: 3
Exhibit C-KM Statement.pdf,
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Att: 4
Civil Cover Sheet
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misc
Conflict Check
Mon 10/30 12:51 PM
Conflict Check run. (SLG) |
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