Valenzuela v. Osterman et al
| Missouri Western District Court | |
| Judge: | M Douglas Harpool |
| Case #: | 3:24-cv-05075 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 11, 2024 |
| Case in other court: | Circuit Court of Jasper County, 24AO-CC00271 |
| Last checked: Monday Mar 10, 2025 3:31 AM CDT |
|
Defendant
City of Webb City
|
Represented By
|
|
Defendant
Officer Travis Osterman
|
Represented By
|
|
Plaintiff
Mireya Valenzuela
|
Represented By
|
GPO
Oct 29 2024
ORDER finding as moot 7 Motion to Dismiss for Failure to State a Claim; granting 12 motion for leave to file. Plaintiff will have 10 days from this Order to file with the Court an Amended Complaint. Signed on 10/29/2024 by District Judge M. Douglas Harpool. (Rotellini, Michael) |
|
|
GPO
Mar 25 2025
Rotellini, Michael)ORDER granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss Count I based on shotgun pleading is DENIED. Defendants' Motion to Dismiss Count I based on official immunity or qualified immunity is DENIED. Defendants' Motion to Dismiss Count II based on sovereign immunity is DENIED. Defendants' Motion to Dismiss Cout II based on a failure to train theory is SUSTAINED WITHOUT PREJUDICE. Plaintiff is granted leave to file an amended complaint within 14 days of this Order to include factual allegations regarding how Webb City was aware that its officers were not properly trained in the use of force. Signed on 03/25/2025 by District Judge M. Douglas Harpool. ( |
| Docket last updated: 04/27/2025 11:59 PM CDT |
| Tuesday, April 08, 2025 | ||
| 37 | 37
order
Order on Sealed Motion
Tue 04/08 2:28 PM
ORDER granting unopposed36 Sealed Motion. Plaintiff shall respond to Defendants' Interrogatories and Request for Production of Documents on or before May 7, 2025. Signed on 04/08/2025 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Rotellini, Michael) |
|
| 36 | 36
motion
Motion for Order (Sealed)
Tue 04/08 10:53 AM
MOTION for Order (SEALED) filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 4/22/2025 unless otherwise directed by the court. (Fleischaker, William) |
|
| 35 | 35
order
Order on Motion to Seal Document
Tue 04/08 10:38 AM
ORDER granting34 motion to seal document. Signed on 04/08/2025 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Rotellini, Michael) |
|
| Monday, April 07, 2025 | ||
| 34 | 34
motion
Seal Document
Mon 04/07 3:39 PM
MOTION to seal document filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 4/21/2025 unless otherwise directed by the court. (Fleischaker, William) |
|
| Tuesday, March 25, 2025 | ||
| 33 | 33
10
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 03/25 1:56 PM
ORDER granting in part and denying in part18 Motion to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss Count I based on shotgun pleading is DENIED. Defendants' Motion to Dismiss Count I based on official immunity or qualified immunity is DENIED. Defendants' Motion to Dismiss Count II based on sovereign immunity is DENIED. Defendants' Motion to Dismiss Cout II based on a failure to train theory is SUSTAINED WITHOUT PREJUDICE. Plaintiff is granted leave to file an amended complaint within 14 days of this Order to include factual allegations regarding how Webb City was aware that its officers were not properly trained in the use of force. Signed on 03/25/2025 by District Judge M. Douglas Harpool. (Rotellini, Michael) |
|
| Friday, March 07, 2025 | ||
| 32 | 32
discov
Certificate of Service
Fri 03/07 11:11 AM
CERTIFICATE OF SERVICE by City of Webb City Defendant City of Webb City's First Interrogatories and First Request for Production to Plaintiff filed by Darynne L. O'Neal on behalf of Defendant City of Webb City.(O'Neal, Darynne) |
|
| Thursday, December 19, 2024 | ||
| 31 | 31
respm
Reply Suggestions to Motion
Thu 12/19 8:19 AM
REPLY SUGGESTIONS to motion re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Plaintiff's Amended Complaint Defendants The City of Webb City and Officer Travis Osterman's Reply Suggestions in Support of Their Motion to Dismiss filed by Darynne L. O'Neal on behalf of Defendants Travis Osterman, City of Webb City. (O'Neal, Darynne) |
|
| Friday, December 06, 2024 | ||
| 30 | 30
order
Order on Motion for Extension of Time to File Response/Reply
Fri 12/06 8:48 AM
ORDER granting28 motion for leave to file out of time. Signed on 12/06/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Rotellini, Michael) |
|
| 29 | 29
respm
Suggestions in Opposition to Motion
Fri 12/06 2:36 AM
SUGGESTIONS in opposition re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by William J. Fleischaker on behalf of Plaintiff Mireya Valenzuela. Reply suggestions due by 12/20/2024 unless otherwise directed by the court. (Fleischaker, William) |
|
| 28 | 28
motion
Extension of Time to File Response/Reply
Fri 12/06 2:34 AM
MOTION for extension of time to file response/reply as to19 Suggestions in Support of Motion, filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 12/20/2024 unless otherwise directed by the court. (Fleischaker, William) |
|
| Monday, November 25, 2024 | ||
| 27 | 27
order
Order on Motion for Extension of Time to File Response/Reply
Mon 11/25 1:52 PM
ORDER granting26 motion for extension of time to file response/reply. Plaintiff will have until 12/2/2024 to file a response/reply to Defendants'18 motion to dismiss. Signed on 11/25/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Rotellini, Michael) |
|
| Friday, November 22, 2024 | ||
| 26 | 26
motion
Extension of Time to File Response/Reply
Fri 11/22 7:08 PM
MOTION for extension of time to file response/reply as to19 Suggestions in Support of Motion,18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 12/6/2024 unless otherwise directed by the court. (Fleischaker, William) |
|
| 25 | 25
discov
Certificate of service of initial Rule 26 disclosures
Fri 11/22 4:49 PM
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by William J. Fleischaker on behalf of Plaintiff Mireya Valenzuela.(Fleischaker, William) |
|
| Tuesday, November 19, 2024 | ||
| 24 | 24
order
Scheduling Order ~Util - Set Deadlines
Tue 11/19 2:22 PM
SCHEDULING ORDER:(Dispositive Motions due by 11/3/2025.), ( Amended Pleadings due by 1/15/2025., Joinder of Parties due by 12/16/2024., Discovery Motions due by 9/15/2025.) Discovery due by 10/1/2025. Signed on 11/19/24 by District Judge M. Douglas Harpool. (View, Pat) |
|
| 23 | 23
misc
Proposed Scheduling Order
Tue 11/19 8:41 AM
PROPOSED SCHEDULING ORDER by Travis Osterman, City of Webb City. (O'Neal, Darynne) |
|
| Tuesday, November 12, 2024 | ||
| 22 | 22
2
pgs
order
Order
Tue 11/12 3:48 PM
ORDER to show cause re 9 Rule 16 Notice,5 Rule 16 Notice, Proposed scheduling order due by 11/20/2024. Signed on 11/12/24 by District Judge M. Douglas Harpool. (View, Pat) |
|
| Monday, November 11, 2024 | ||
| 21 | 21
adr
Designation of Neutral - Mediation and Assessment Program
Mon 11/11 9:14 AM
DESIGNATION OF NEUTRAL naming Mike Patton(Riso, Rachel) |
|
| Friday, November 08, 2024 | ||
| 20 | 20
adr
Designation of Neutral - Mediation and Assessment Program
Fri 11/08 1:27 PM
DESIGNATION OF NEUTRAL naming Mike Patton(O'Neal, Darynne) |
|
| 19 | 19
respm
Suggestions in Support of Motion
Fri 11/08 10:53 AM
SUGGESTIONS in support re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Plaintiff's Amended Complaint Defendants The City of Webb City and Officer Travis Osterman's Suggestions in Support of Their Motion to Dismiss filed by Darynne L. O'Neal on behalf of Defendants Travis Osterman, City of Webb City. (O'Neal, Darynne) |
|
| 18 | 18
motion
Dismiss for Failure to State a Claim
Fri 11/08 10:51 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by Darynne L. O'Neal on behalf of Travis Osterman, City of Webb City. Suggestions in opposition/response due by 11/22/2024 unless otherwise directed by the court. (O'Neal, Darynne) |
|
| Thursday, October 31, 2024 | ||
| 17 | 17
discov
Certificate of service of initial Rule 26 disclosures
Thu 10/31 4:10 PM
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Darynne L. O'Neal on behalf of Defendants City of Webb City, Travis Osterman.(O'Neal, Darynne) |
|
| Tuesday, October 29, 2024 | ||
| 16 | 16
cmp
Amended Complaint
Tue 10/29 6:12 PM
AMENDED COMPLAINT against All Defendants filed by William J. Fleischaker on behalf of Mireya Valenzuela.(Fleischaker, William) |
|
| 15 | 15
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Leave to File
Tue 10/29 5:09 PM
ORDER finding as moot7 Motion to Dismiss for Failure to State a Claim; granting12 motion for leave to file. Plaintiff will have 10 days from this Order to file with the Court an Amended Complaint. Signed on 10/29/2024 by District Judge M. Douglas Harpool. (Rotellini, Michael) |
|
| Friday, October 11, 2024 | ||
| 14 | 14
respm
Reply Suggestions to Motion
Fri 10/11 11:54 AM
REPLY SUGGESTIONS to motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants The City of Webb City Motion to Dismiss Plaintiff's Petition and Officer Travis Osterman's filed by William J. Fleischaker on behalf of Plaintiff Mireya Valenzuela. (Fleischaker, William) |
|
| 13 | 13
respm
Suggestions in Support of Motion
Fri 10/11 10:56 AM
SUGGESTIONS in support re12 MOTION for leave to file Amended Complaint filed by William J. Fleischaker on behalf of Plaintiff Mireya Valenzuela. (Fleischaker, William) |
|
| 12 | 12
motion
Leave to File Document
Fri 10/11 12:13 AM
MOTION for leave to file Amended Complaint filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 10/25/2024 unless otherwise directed by the court. (Fleischaker, William) |
|
| Wednesday, October 02, 2024 | ||
| 11 | 11
order
Order on Motion for Extension of Time to File Response/Reply
Wed 10/02 10:49 AM
ORDER granting10 motion for extension of time to file response/reply as to7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff's suggestions in opposition/response are due by 10/10/2024 unless otherwise directed by the court. Reply suggestions due by 10/24/2024 unless otherwise directed by the court. Signed on 10/02/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Rotellini, Michael) |
|
| Tuesday, October 01, 2024 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply
Tue 10/01 12:11 PM
MOTION for extension of time to file response/reply as to8 Suggestions in Support of Motion,7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants The City of Webb City Motion to Dismiss Plaintiff's Petition and Officer Travis Osterman's filed by William J. Fleischaker on behalf of Mireya Valenzuela. Suggestions in opposition/response due by 10/15/2024 unless otherwise directed by the court. (Fleischaker, William) |
|
| Friday, September 20, 2024 | ||
|
notice
Notice of Filing
Fri 09/20 1:07 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) |
||
| Wednesday, September 18, 2024 | ||
| 9 | 9
order
Rule 16 Notice
Wed 09/18 8:48 AM
RULE 16 NOTICE. This case has been reassigned to District Judge M. Douglas Harpool. The parties are ordered to comply with the previously issued Rule 16 Notice (Doc. 5) as to filing deadlines. Proposed scheduling order due by 11/4/2024. Rule 26 conference due by 10/21/2024. Signed on 9/18/24 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat) |
|
| Tuesday, September 17, 2024 | ||
| 8 | 8
respm
Suggestions in Support of Motion
Tue 09/17 3:08 PM
SUGGESTIONS in support re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants The City of Webb City Motion to Dismiss Plaintiff's Petition and Officer Travis Osterman's Defendants The City of Webb City and Officer Travis Osterman's Suggestions in Support of Their Motion to Dismiss filed by Darynne L. O'Neal on behalf of Defendants City of Webb City, Travis Osterman. (O'Neal, Darynne) |
|
| 7 | 7
motion
Dismiss for Failure to State a Claim
Tue 09/17 3:06 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants The City of Webb City Motion to Dismiss Plaintiff's Petition and Officer Travis Osterman's filed by Darynne L. O'Neal on behalf of City of Webb City, Travis Osterman. Suggestions in opposition/response due by 10/1/2024 unless otherwise directed by the court. (O'Neal, Darynne) |
|
| 6 | 6
order
Letter of reassignment
Tue 09/17 12:50 PM
NOTICE OF REASSIGNMENT from Magistrate Judge Lajuana M. Counts to District Judge M. Douglas Harpool. Judge Counts no longer assigned to this case. Please note the new case number: 24-5075 CV-SW-MDH. (Melvin, Greg) |
|
| Friday, September 13, 2024 | ||
| 5 | 5
order
Rule 16 Notice
Fri 09/13 4:46 PM
RULE 16 NOTICE/NOTICE OF PRETRIAL PROCEDURES Proposed scheduling order due on or before 11/4/2024. Rule 26 conference due by 10/21/2024. The parties are directed to review and comply with the Notice of Pretrial Procedures. Signed on September 13, 2024 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica) |
|
| Thursday, September 12, 2024 | ||
| 4 | 4
notice
Notice of MAPN
Thu 09/12 3:25 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 outside neutral category I. (Siegert, Karen) |
|
|
Att: 1
MAP General Order
|
||
| 3 | 3
notice
Notice (Sealed)
Thu 09/12 2:36 PM
NOTICE (SEALED) by City of Webb City, Travis Osterman re2 Notice of Removal, unredacted (Riso, Rachel) |
|
| 2 | 2
notice
Notice of Removal
Thu 09/12 2:34 PM
NOTICE OF REMOVAL from Circuit Court of Jasper County, case number 24AO-CC00271, filed by Rachel A Riso. Filing fee $405, receipt number AMOWDC-9196841.(Riso, Rachel) Modified on 9/12/2024 correcting receipt number (Siegert, Karen) |
|
|
Att: 1
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 2
Exhibit A,
|
||
|
Att: 3
Exhibit B,
|
||
|
Att: 4
Exhibit C
|
||
|
notice
Notice of Docket Modification
Thu 09/12 2:11 PM
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/11/24 as Document No. 1, Notice of Removal. The document has been deleted and filer has been instructed to file redacted documents redacting the minors' names. This is a text entry only - no document is attached. (Siegert, Karen) |
||
|
notice
Notice of Magistrate Judge Assignment
Thu 09/12 3:14 PM
NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to all parties: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click[LINK:here] for instructions. Form due by 10/3/2024 unless otherwise directed by the court. (Siegert, Karen) |
||
| Wednesday, September 11, 2024 | ||
| 1 | 1
notice
Notice of Removal
Wed 09/11 5:36 PM
NOTICE OF REMOVAL from Circuit Court of Jasper County, case number 24AO-CC00271, Filing fee $405, receipt number AMOWDC-9196841.(Riso, Rachel) |
|
|
Att: 1
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 2
Exhibit A,
|
||
|
Att: 3
Exhibit B,
|
||
|
Att: 4
Exhibit C
|
||