Womack v. Conley et al, No. 4:2011cv00039 - Document 190 (W.D. Ky. 2013)

Court Description: MEMORANDUM OPINION AND ORDER denying 184 Motion for Reconsideration; granting 185 Motion for Leave to Submit Additional Authority . The Court ORDERS Defendants Shoultz, Kirk, and Conley to submit any additional briefing by noon Wednesday (11/6/2013).. Signed by Senior Judge Thomas B. Russell on 11/4/13. cc:counsel (DJT)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION CIVIL ACTION NO. 4:11-CV-00039-TBR Plaintiff DAX R. WOMACK v. MATT CONLEY; STEPHANIE CONLEY; CONNIE KNIGHT; ROBERT SHOULTZ; JASON KIRK; SCOTT INGRAM; DAVID CRAFTON; Defendants MEMORANDUM OPINION AND ORDER Defendants, Robert Shoultz and Jason Kirk, move the Court to reconsider its inclusion of the issues identified in Paragraphs 4 and 5 of its October 31, 2013 Order, or, in the alternative, leave to brief the issues identified in Paragraphs 4 and 5. (Docket No. 184.) Defendant Matt Conley has also requested leave to submit additional authority on these issues. (Docket No.185.) Plaintiff Dax Womack has responded. (Docket No. 187.) For the reasons discussed in Plaintiff s response, (Docket No. 184), the Court declines to reconsider its inclusion of these issues. While Plaintiff has not at all times been clear on exactly on which claims he had abandoned and which he was still pursuing, it was always clear that the claims in Paragraphs 4 and 5 of the Court s October 31, 2013 Order were still being pursued. Page 1 of 2 However, the Court will permit Defendants Robert Shoultz, Jason Kirk, and Matt Conley to file additional briefing on the claim in Paragraph 5 of the October 31, 2013 Order. (Docket No. 179.) This is the Fourth Amendment claim for deliberately concealing exculpatory evidence, continuing the pre-trial deprivation of liberty by loss of freedom of actions due to pending criminal charges against Robert Shoultz, Jason Kirk, and Matt Conley. The Court does not require any additional briefing as to the claim in Paragraph 4 (the Fifth and Fourteenth Amendment claim for deliberately concealing exculpatory evidence, depriving Plaintiff of his right to a fair trial against Robert Shoultz, Jason Kirk, and Matt Conley). The Court ORDERS Defendants Shoultz, Kirk, and Conley to submit any additional briefing by noon Wednesday (November 6, 2013). IT IS SO ORDERED. Date: cc: November 4, 2013 Counsel Page 2 of 2

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