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SECTION SECTION Case SECTION 4 As of 03 08 PM CST 1 of 4 U.S. District Court Eastern District of Missouri (St. Louis) CIVIL DOCKET FOR CASE # 4 CLOSED Powell v. The City of St. Ann Assigned to District Judge Rodney W. Sippel Cause 28 1331 Federal Question Other Civil Rights SECTION PlaintiffSECTION Date Filed Date Terminated Jury Demand SECTION PlaintiffSECTION Nature of Suit 440 Civil Rights Other Jurisdiction Federal Question Kellen Powell represented by Blake Alexander Strode ARCHCITY DEFENDERS 440 N. 4th St. Suite 390 St. Louis, MO 63102 x1015 Fax Email bstrode@archcitydefenders.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael-John Voss ARCHCITY DEFENDERS 440 N. 4th St. Suite 390 St. Louis, MO 63102 x2 Fax x2 Email mjvoss@archcitydefenders.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathaniel Richard Carroll ARCHCITY DEFENDERS 440 N. 4th St. Suite 390 St. Louis, MO 63102 Fax Email ncarroll@archcitydefenders.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas B. Harvey ARCHCITY DEFENDERS 440 N. 4th St. Suite 390 St. Louis, MO 63102 Fax Email tharvey@archcitydefenders.org LEAD ATTORNEY ATTORNEY TO BE NOTICED V. SECTION DefendantSECTION The City of St. Ann represented by Steven W. Garrett CURTIS, HEINZ, GARRETT & O'KEEFE SECTION Case SECTION 4 As of 03 08 PM CST 2 of 4 130 S. Bemiston Avenue Suite 200 St. Louis, MO Fax Email sgarrett@chgolaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 COMPLAINT against defendant Kellen Powell with receipt number in the amount of $400 Non-Jury Demand, filed by Kellen Powell. (Attachments # 1 Affidavit, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Text of Proposed Order, # 7 Affidavit, # 8 Civil Cover Sheet)(Harvey, Thomas) (Entered 2 MOTION to Certify Class by SECTION PlaintiffSECTION Kellen Powell. (Attachments # 1 Declaration of Alec Karakatsanis)(CSG) (Entered 3 MOTION for Temporary Restraining Order by SECTION PlaintiffSECTION Kellen Powell. (Attachments # 1 Text of Proposed Order)(CSG) (Entered 4 MEMORANDUM in Support of Motion re 3 MOTION for Temporary Restraining Order filed by SECTION PlaintiffSECTION Kellen Powell. (CSG) (Entered 5 MOTION to Waive the Security for Injunction Bond by SECTION PlaintiffSECTION Kellen Powell. (Attachments # 1 Declaration of Kellen Powell)(CSG) (Entered 6 MEMORANDUM To Court Regarding Contact With Opposing Counsel and Notice of TRO Hearing by SECTION PlaintiffSECTION Kellen Powell. (Harvey, Thomas) (Entered 7 MOTION to Withdraw Motion for Temporary Restraining Order by SECTION PlaintiffSECTION Kellen Powell. (Harvey, Thomas) (Entered 8 NOTICE of Settlement Discusssions by Kellen Powell (Harvey, Thomas) (Entered Case Opening Notification Judge Assigned U.S. District Judge Rodney W. Sippel. (MRC) (Entered 9 MEMORANDUM AND ORDER OF STAY IT IS HEREBY ORDERED that the motion to withdraw the motion for temporary restraining order # 7 is granted, the motion for temporary restraining order # 3 is withdrawn, and the motion to waive security # 5 is denied as moot. IT IS FURTHER ORDERED that this case is stayed until August 3, 2015, to permit the parties to engage in settlement negotiations. By no later than August 3, 2015, the parties shall either notify the Court of settlement or file a joint memorandum regarding the status of the case. Signed by District Judge Rodney W. Sippel on (JWD) (Entered 10 ORDER TO SHOW CAUSE IT IS HEREBY ORDERED that the parties shall show cause in writing within ten (10) days of the date of this Order why this case should not be dismissed with prejudice and/or sanctions should not issue for the parties' refusal to comply with my May 29, 2015 Order. The parties may file a stipulation of dismissal in lieu of a response to this Show Cause Order by no later than ten (10) days from the date of this Order.. Signed by District Judge John A. Ross on (LGK) (Entered 11 Joint MOTION to Stay Case and Dismissal by SECTION PlaintiffSECTION Kellen Powell. (Attachments # 1 Exhibit Settlement Agreement of Non-equitable claims, # 2 Exhibit Settlement Agreement for equitable claims, # 3 Text of Proposed Order Proposed Order for Stay and Dismissal)(Harvey, Thomas) (Entered 12 RESPONSE TO ORDER TO SHOW CAUSE Jointly Filed by Counsel for SECTION PlaintiffSECTION and SECTION DefendantSECTION by SECTION PlaintiffSECTION Kellen Powell. (Harvey, Thomas) (Entered SECTION Case SECTION 4 As of 03 08 PM CST 3 of 4 13 ORDER - Based on the representations of the Parties, the Court orders the following 1. The SECTION PlaintiffSECTION s' non-equitable claims are hereby dismissed with prejudice subject only to the continuing jurisdiction of the Court to enforce the settlement agreements and over the aforesaid equitable claims. 2. The Parties' motion for the entry of a stay in this matter for a period of 12 months is granted. 3. On or before 12 months from the date of this Order, the parties are directed to either file the joint motion and proposed consent judgement set forth in their agreement or a notice to the Court seeking a dissolve of the stay. 4. During the period of the stay, the Parties are ordered to comply with the terms of the Settlement Agreement, the terms of which are as follows (See order for full details) Signed by District Judge Rodney W. Sippel on (KJS) (Entered 14 Consent MOTION to Continue Stay by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 15 Docket Text ORDER Re 14 Consent MOTION to Continue Stay filed by The City of St. Ann; GRANTED - SO ORDERED. Signed by District Judge Rodney W. Sippel on (KJS) (Entered 16 Consent MOTION to Continue STAY by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 17 Docket Text ORDER Re 16 Consent MOTION to Continue STAY by The City of St. Ann; GRANTED - SO ORDERED. Signed by District Judge Rodney W. Sippel on (KJS) (Entered 18 Consent MOTION to Continue Stay, by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) Modified on (CAR). (Entered 19 Docket Text ORDER Re 18 Consent MOTION to Continue Stay, filed by The City of St. Ann; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on (CAR) (Entered 20 Consent MOTION to Continue stay by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 21 Docket Text ORDER Re 20 Consent MOTION to Continue the stay up to and including February 2, 2017, by SECTION DefendantSECTION The City of St. Ann ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on (KXS) (Entered 22 Consent MOTION to Continue Stay, MOTION to Stay by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 23 Docket Text ORDER Re 22 Consent MOTION to Continue Stay, MOTION to Stay by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) filed by The City of St. Ann. SO ORDERED; For good cause shown, the stay is continued up to, and including, April 7, 2017. Signed by District Judge Rodney W. Sippel on (ARL) (Entered 24 Consent MOTION to Stay by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 25 Docket Text ORDER Re 24 Consent MOTION to Stay filed by The City of St. Ann; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on (CAR) (Entered 26 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the parties shall show cause in writing within ten (10) days of the date of this Order why this case should not be dismissed for the parties refusal to comply with my September 3, 2015 Order. No additional extensions of time will be granted absent good cause shown. Failure to timely comply with this Order will result in a dismissal of this action without further notice. Show Cause Response due by Signed by District Judge Rodney W. Sippel on (ARL) (Entered 27 RESPONSE TO ORDER TO SHOW CAUSE Dated June 5, 2017 by SECTION DefendantSECTION The City of St. Ann filed by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered SECTION Case SECTION 4 As of 03 08 PM CST 4 of 4 28 ORDER IT IS HEREBY ORDERED that the Show Cause Order dated June 5, 2017, is deemed satisfied and the parties shall either file their settlement papers or a joint request for status conference by July 7, 2017, and this case remains stayed pending further Order of this Court. Signed by District Judge Rodney W. Sippel on (CAR) (Entered 29 REPORT TO COURT ORDER re 28 Order, and Joint Request for Status Conference by SECTION PlaintiffSECTION Kellen Powell. (Harvey, Thomas) (Entered 30 ORDER IT IS HEREBY ORDERED that this case is set for a status conference on July 31, 2017, at 2 00 p.m. in the chambers of the undersigned. Signed by District Judge Rodney W. Sippel on (CAR) (Entered 31 ORDER Status Conference set for 10 00 AM in Chambers before District Judge Rodney W. Sippel.. Signed by District Judge Rodney W. Sippel on (LGK) (Entered 32 ENTRY of Appearance by Nathaniel Richard Carroll for SECTION PlaintiffSECTION Kellen Powell. (Carroll, Nathaniel) (Entered 33 ENTRY of Appearance by Blake Alexander Strode for SECTION PlaintiffSECTION Kellen Powell. (Strode, Blake) (Entered 34 ORDER IT IS HEREBY ORDERED that the status conference in this matter is reset from Friday, January 26, 2018 to Tuesday, January 30, 2018 at 10 00 a.m. in my chambers. Signed by District Judge Rodney W. Sippel on (ARL) (Entered 35 Consent MOTION to Continue Status Conference by SECTION DefendantSECTION The City of St. Ann. (Garrett, Steven) (Entered 36 ENTRY of Appearance by Michael-John Voss for SECTION PlaintiffSECTION Kellen Powell. (Voss, Michael-John) (Entered 37 ORDER IT IS HEREBY ORDERED that the motion to continue status conference 35 is granted, and the status conference is reset to February 8, 2018, at 11 00 a.m. in the chambers of the undersigned. Signed by District Judge Rodney W. Sippel on (ARL) (Entered 38 ORDER IT IS HEREBY ORDERED that this case is set for a status conference on March 21, 2018, at 2 00 p.m. in the chambers of the undersigned. Signed by District Judge Rodney W. Sippel on (ARL) (Entered 39 ORDER IT IS HEREBY ORDERED that this case is set for a status conference on April 25, 2018, at 11 00 a.m. in the chambers of the undersigned. Signed by District Judge Rodney W. Sippel on (CAR) (Entered 40 ORDER IT IS HEREBY ORDERED that the status conference in this matter is reset from Wednesday, April 25, 2018 to Monday, April 30, 2017 at 11 00 a.m. in my chambers. Signed by District Judge Rodney W. Sippel on (ARL) (Entered 41 MEMORANDUM by SECTION DefendantSECTION The City of St. Ann. (Attachments # 1 Consent Judgment)(Garrett, Steven) (Entered 42 CONSENT JUDGMENT. Signed by District Judge Rodney W. Sippel on (CAR) (Entered

Summary: 


On May 27, 2015, a person jailed by the City of St. Ann, Missouri (the City), for failing to pay the fee required under the City's secured bail system, sued the City in the U.S. District Court for the Eastern District of Missouri, arguing that the City had violated the Fourteenth Amendment of the U.S. Constitution, and asking for declaratory relief, injunctive relief, damages, attorneys' fees, and costs. On September 3, 2015, the Judge assigned to the case, Judge Rodney W. Sippel, granted a stay in the proceedings to allow the parties to test the effects of a provisional settlement agreement, under which plaintiff agreed to drop his non-equitable claims, and under which the City agreed to end its secured bail policy and pay the plaintiff a fee for acting as a class representative. On May 4, 2018, a Consent Agreement was signed by Judge Sippel, whereby most of the original relief sought was agreed to by the Defendant. The Court retains jurisdiction for two years, which may be extended for one more year upon agreement.

