Burke v. St. Louis City Jails et al

Filing 128

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion to Strike Answers/Pleadings Out of Time (ECF No. 105 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Discovery Extension (ECF No. 108 ) is DENIED. IT IS FURTHER ORDER ED that Plaintiff's Motion for Entry of Default (ECF No. 110 ) is DENIED. The Clerk of the Court shall provide a copy of Defendant Peterson's Answer (ECF No. 102 ) to Plaintiff. IT IS FURTHER ORDERED that Plaintiff's Motion to Stay Summary Judgment (ECF No. 114 ) is DENIED. IT IS FINALLY ORDERED that Defendants' Motion to Strike Plaintiff's "Material Facts Not in Dispute" (ECF No. 122 ) is GRANTED. The Court deems as admitted all facts alleged in Defendants' Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56(e)(2). Signed by District Judge Ronnie L. White on 07/14/2017. (Attachments: # 1 Defendant Peterson's Answer)(KCB)

Case: 4:14-cv-02107-RLW Doc. #: 102 Filed: 09/19/16 Page: 1 of 16 PageID #: 468

IN THE UNITED STATES DISTRICT COURT
EASTERN MISSOURI

CALVIN BURKE

Plaintiff

v.

ST. LOUIS CITY JAILS et al.
Defendants

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Cause No 4:14-CV-02107

DEFENDANT DEREK PETERSON SEPARATE ANSWER TO PLAINTIFF'S SECOND
AMENDED COMPLAINT
COMES NOW Derek Peterson (Peterson) to Plaintiff's Second Amended Complaint
states as follows:
1.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

2.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
3.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
4.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
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proof thereof.
4.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
5.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

6.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
7.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
8.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
9.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
10.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

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11.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
12.

Deny

13.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
14.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
15.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
16.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
17.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
18.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
19.

That Peterson is without knowledge and information sufficient to form a belief as

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to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
20.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
21.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
22.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
23.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
24.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
25.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
26.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

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27.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
28.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
29.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
30.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
31.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
32.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
33.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
34.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict

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proof thereof.
35.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
36.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
37.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
38.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
39.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
40.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
41.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
42.

That Peterson is without knowledge and information sufficient to form a belief as

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to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
43.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
44.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
45.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
46.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
47.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
48.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
50.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

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50.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
51.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
52.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
53.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
54.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
55.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
56.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
57.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict

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proof thereof.
58.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
59.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
60.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
61.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
62.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
63.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
64.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
65.

That Peterson is without knowledge and information sufficient to form a belief as

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to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
66.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
67.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
68.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
69.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
70.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
71.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
72.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

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73.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
74.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
75.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
76.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
77.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
78.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
79.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
80.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict

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proof thereof.
81.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
82.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
83.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
84.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
85.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
86.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
87.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
88.

That Peterson is without knowledge and information sufficient to form a belief as

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to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
89.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
90.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
91.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
92.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
93.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
94.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
95.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.

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96.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
97.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
98.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
99.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
100.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
101.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
102.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
103.

Deny

104.

Deny

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105.

Deny

106

Deny

107.

Deny

108-145

That Peterson is without knowledge and information sufficient to form a

belief as to truth or falsity of the allegations set forth therein as these allegations are not directed
to Peterson.
146.

That Peterson is without knowledge and information sufficient to form a belief as

to truth or falsity of the allegations set forth therein and therefore denies same and demands strict
proof thereof.
147.

Deny

147-156

That Peterson is without knowledge and information sufficient to form a

belief as to truth or falsity of the allegations set forth therein and therefore denies same and
demands strict proof thereof.
WHEREFORE, having fully answered Peterson prays that Plaintiff's Second Amended
Complaint be dismissed with prejudice, for an award of attorney's fees, that the costs of this
proceeding be taxed against Plaintiff and for such other and further orders as this Honorable
Court shall deem just and proper.

The Magee Law Firm, LLC
/s/Richard J. Magee
Richard J. Magee (#29943)
Attorney for Derek
8000 Maryland Ave., Suite 900
St. Louis, Missouri 63105
[phone]
[phone] (facsimile)
[e-mail]
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was sent via the Court’s electronic filing system this
19th day of September, 2016 to counsel of record and to Plaintiff by first class mail postage
prepaid to the address of record.
/s/Richard J. Magee_______________

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