Metcalf v. Waffle House, Inc. et al
| Dennis Metcalf |
| Waffle House, Inc. and John Does, 1-5 |
| 5:2018cv05190 |
| September 27, 2018 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 RESPONSE IN SUPPORT OF Motion re #8 MOTION to Dismiss for Failure to State a Claim filed by Dennis Metcalf. (Attachments: #1 Brief in Support of Plaintiff's Response to Motion to Dismiss)(Dodson, Michael) |
| Filing 14 First MOTION for Extension of Time to File Answer Defendant's Motion to Dismiss by Dennis Metcalf. (Dodson, Michael) |
| TEXT ONLY ORDER granting in part and denying in part #14 Motion for Extension of Time to Answer. The Court finds insufficient good cause for a ten day extension given that the Motion to Dismiss was filed at the beginning of October. Nevertheless, the Court will grant counsel a limited extension until Monday, November 19, 2018 to file a formal response to Defendant's Motion to Dismiss. Signed by Honorable Timothy L. Brooks on November 16, 2018. (kce) |
| Filing 13 JOINT REPORT of Rule 26(f) Planning Meeting by Waffle House, Inc.. (Downs, Darrell) |
| Filing 12 MEMORANDUM BRIEF in Support of #11 MOTION to Substitute Party by Waffle House, Inc.. (Downs, Darrell) |
| Filing 11 MOTION to Substitute Party by Waffle House, Inc.. (Downs, Darrell) |
| Filing 10 INITIAL SCHEDULING ORDER: Case Management Hearing set for 11/27/2018 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 11/13/2018. Signed by Honorable Timothy L. Brooks on October 9, 2018. (slc) |
| Filing 9 MEMORANDUM BRIEF in Support of #8 MOTION to Dismiss for Failure to State a Claim by Waffle House, Inc.. (Downs, Darrell) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Waffle House, Inc.. (Downs, Darrell) |
| Filing 7 TEXT ONLY ORDER denying #6 Motion to Appear Pro Hac Vice. The movant, Darrell W. Downs, is a member in good standing of the Arkansas bar and is licensed to practice before this Court, but he does not maintain an office in Arkansas. Local Rule 83.5(d) specifies that an attorney seeking admission pro hac vice shall designate a member of the bar who maintains an office in Arkansas, and with whom the Court and opposing counsel may readily communicate regarding the case. The Rule also contemplates that the Court, upon motion, may waive the local counsel requirement in certain cases. Mr. Downs does not maintain an office in Arkansas, and this Court is unfamiliar with him and his practice. Therefore, at this time, the Court declines to waive the local counsel requirement and permit attorney Jacob R. Daniel to be admitted pro hac vice without the appearance of local counsel. The Court may be inclined to revisit this matter and entertain a renewed motion in the future, after the Court becomes more familiar with Mr. Downs as he litigates this case. Signed by Honorable Timothy L. Brooks on October 2, 2018. (ee) |
| Filing 6 MOTION for Attorney Jacob R. Daniel to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number AARWDC-1791535) by Waffle House, Inc.. (Downs, Darrell) |
| Filing 5 NOTICE of Appearance by Darrell W. Downs on behalf of Waffle House, Inc.. (Downs, Darrell) |
| Notice of Removal filing fee paid re #1 Notice of Removal : $ 400, receipt number AARWDC-1790407.. (Downs, Darrell) |
| Filing 4 Magistrate Notice/Consent Furnished. (tg) |
| Filing 3 COMPLAINT with Jury Demand filed in State Court against Waffle House, Inc., filed by Dennis Metcalf.(tg) |
| Filing 2 CIVIL COVER SHEET for case initiated by Waffle House, Inc. (tg) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Benton County, Arkansas, case number 04-CV-18-2464., filed by Waffle House, Inc. (Attachments: #1 Notice, #2 State Court Complaint)(tg) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Notice of Removal. You MUST pay the filing fee of $ 400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 10/1/2018 (tg) |
| TEXT ONLY CLERK'S NOTICE in Removal Case re Service of Process directing Plaintiff Dennis Metcalf to file affidavits of service (or copies of proof of service filed in state court) for defendant(s) who have already been served with summons and a copy of the complaint, and file proof of service in this court regarding defendant(s) to be served in the future. If service is not perfected on a defendant within 90 days after filing the complaint, a show cause order will issue and the complaint against that defendant is subject to dismissal pursuant to Federal Rules of Civil Procedure 4(m) (tg) |
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