Wilson Marshall v. Caudill
| Grace L. Wilson Marshall |
| Benjamin Ryan Caudill, Valerie Kershaw, Jennifer Hall(Caudill), Christy Leaver, Hannah Yeager, Lucinda Masterson, Davina Warner, Jared Malatak, Zachariah Goldenberg, Kimberly Roberts, Ben Hundley, Maria Leydermann, Traci Rankin, Kathy Stein, Tracy Brislin, Pamela Williams, Lion Heart Inc. and Shelton Forensics |
| 5:2023cv00239 |
| August 16, 2023 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Karen K Caldwell |
| P SO |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 45
JUDGMENT:1. This action is DISMISSED without prejudice for lack of subject matter jurisdiction;2. This action is STRICKEN from the Court's active docket;3. This judgment is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 09/14/2023.(KCF)cc: CORand Grace L. Wilson Marshall by US Mail
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Filing 44
OPINION & ORDER:The Court hereby ORDERS as follows:1. This action is DISMISSED without prejudice for lack of subject matter jurisdiction;2. All pending motions are DENIED as moot. Signed by Judge Karen K. Caldwell on 09/14/2023.(KCF)cc: CORand Grace L. Wilson Marshall by US Mail
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Filing 43
RESPONSE to Motion re #41 MOTION for Extension of Time by Grace L. Wilson Marshall filed by Valerie Kershaw. (Banks, Estill)
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Filing 42
RESPONSE in Opposition re #41 MOTION for Extension of Time by Grace L. Wilson Marshall filed by Christy Leaver. (Hooks, Bradley)
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Filing 41
MOTION FOR TIME TO RETAIN COUNSEL AND TO RESPOND TO DEFENDANTS' MOTION TO DISMISS by Grace L. Wilson Marshall, pro se.Motions referred to P SO. (Attachments: #1 EXPRESS envelope PM 9/7/23)(KCF)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #41 MOTION FOR TIME TO RETAIN COUNSEL AND TO RESPOND TO DEFENDANTS' MOTION TO DISMISS by Grace L. Wilson Marshall, pro se. (KCF)
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Filing 40
NOTICE of Appearance by Estill D. Banks, II on behalf of Valerie Kershaw (Banks, Estill)
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Attorney Update. Attorney Leslie Patterson Vose,Erin Celeste Sammons Izzo for Christy Leaver added. Attorney Brian Patrick Flynn terminated. (KMP)
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Filing 39
MOTION to Dismiss by Christy Leaver Motions referred to P SO. (Attachments: #1 Proposed Order)(Hooks, Bradley)
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Filing 38
NOTICE OF APPEARANCE by Christy Leaver. (Hooks, Bradley)
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Filing 37
ORDER: The Court ORDERS that the #36 Motion To Transfer This Case to New Hampshire is DENIED as premature. Signed by Judge Karen K. Caldwell on 08/24/2023. (KCF)cc: CORand Grace L. Wilson Marshall by US Mail
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Filing 36
MOTION TO TRANSFER CASE TO U.S. DISTRICT COURT OF NEW HAMPSHIRE pursuant to 28 U.S.C. 1391(1) and 1391(2) by Grace L. Wilson Marshall, pro se. Motions referred to P SO. (KCF)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #36 MOTION TO TRANSFER CASE TO U.S. DISTRICT COURT OF NEW HAMPSHIRE pursuant to 28 U.S.C. 1391(1) and 1391(2) by Grace L. Wilson Marshall, pro se. (KCF)
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Filing 35
ORDER TO SHOW CAUSE:1. W/in 21 days from the entry of this Order, ptf must file a written submission with this Court explaining why this action should not be dismissed w/out prejudice for lack of subject-matter jurisdiction. If ptf fails to file w/in the time allotted, the Court will dismiss this action w/out prejudice;2. All pending motions are DENIED w/out prejudice and all current deadlines are SET ASIDE;3. Once ptf has filed her written response to this Order, the Court will issue a new Order in this case.Signed by Judge Karen K. Caldwell on 08/18/2023.(KCF)cc: CORand Grace L. Wilson Marshall by US Mail
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Filing 34
MOTION to Dismiss for Lack of Jurisdiction by Tracy Brislin, Lucinda Masterson, Kathy Stein Motions referred to P SO. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Bork, Melissa)
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Filing 32
CASE TRANSFERRED IN from District of New York Southern. Case number 1:23-cv-01998. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
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Conflict Check run. (STC)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Kentucky. (ate) [Transferred from nysd on 8/16/2023.]
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***Reopen Document #22 FIRST MOTION to Dismiss ., #26 LETTER MOTION for Extension of Time to File Answer or otherwise Respond to Complaint addressed to Judge Ronnie Abrams from Oriana L. Kiley dated August 8, 2023. (STC)
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Filing 31
LETTER addressed to Judge Ronnie Abrams from Grace Marshall re: LETTER TO COURT TO TRANSFER CASE 23 CV 1998 TO THE EASTERN DISTRICT OF NEW YORK. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 30
ORDER: Accordingly, this case is hereby transferred to the United States District Court for the Eastern District of Kentucky. Any pending motions or applications will be addressed by that Court. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at her address listed on the docket. The Clerk of the Court is further directed to transfer this file to the Eastern District of Kentucky. (Signed by Judge Ronnie Abrams on 8/9/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 8/16/2023.]
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Filing 29
NOTICE OF APPEARANCE by Hilda Marinello Curtin on behalf of Valerie Kershaw..(Curtin, Hilda) [Transferred from nysd on 8/16/2023.]
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Filing 28
LETTER from Grace Marshall, dated 8/8/23 re: LETTER TO COURT TO STRIKE ANY ENTRY OF APPEARANCE(EoA) BY HILDA CURTIN(WOH,LLP) FILED ON BEHALF OF PLAINTIFF & SANCTION WOH, LLP FROM PRESENTING IN CASE PER VIOLATION OF 28:1654. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 27
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Hilda Marinello Curtin on behalf of Grace L. Wilson Marshall..(Curtin, Hilda) Modified on 8/9/2023 (lb). [Transferred from nysd on 8/16/2023.]
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Filing 26
LETTER MOTION for Extension of Time to File Answer or otherwise Respond to Complaint addressed to Judge Ronnie Abrams from Oriana L. Kiley dated August 8, 2023. Document filed by Valerie Kershaw..(Kiley, Oriana) [Transferred from nysd on 8/16/2023.]
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Filing 25
NOTICE OF APPEARANCE by Oriana L. Kiley on behalf of Valerie Kershaw..(Kiley, Oriana) [Transferred from nysd on 8/16/2023.]
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Filing 24
FIRST MEMORANDUM OF LAW in Support re: #22 FIRST MOTION to Dismiss . . Document filed by Christy Leaver..(Flynn, Brian) [Transferred from nysd on 8/16/2023.]
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Filing 23
AFFIRMATION of Brian P. Flynn in Support re: #22 FIRST MOTION to Dismiss .. Document filed by Christy Leaver. (Attachments: #1 Exhibit Complaint).(Flynn, Brian) [Transferred from nysd on 8/16/2023.]
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Filing 22
FIRST MOTION to Dismiss . Document filed by Christy Leaver. Return Date set for 9/1/2023 at 09:30 AM..(Flynn, Brian) [Transferred from nysd on 8/16/2023.]
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Filing 21
NOTICE OF APPEARANCE by Brian Patrick Flynn on behalf of Christy Leaver..(Flynn, Brian) [Transferred from nysd on 8/16/2023.]
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Filing 20
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Zachariah Goldenberg, served on 7/25/2023, answer due 8/15/2023. Service was accepted by Zechariah Goldenberg. Document filed by Grace L. Wilson Marshall. (sc) [Transferred from nysd on 8/16/2023.]
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Filing 19
MOTION FOR AN EXTENSION OF TIME TO SERVE THE SUMMONS & COMPLAINT. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 18
SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Tracy Brislin, served on 7/20/2023, answer due 8/10/2023. Service was accepted by Traci Brislin. Document filed by Grace L. Wilson Marshall. (sc) [Transferred from nysd on 8/16/2023.]
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Filing 17
SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Valerie Kershaw served on 7/19/2023, answer due 8/9/2023. Service was accepted by Derricka Preader, Receptionist. Document filed by Grace L. Wilson Marshall. (sc) [Transferred from nysd on 8/16/2023.]
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Filing 16
SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Christy Leaver served on 7/13/2023, answer due 8/3/2023. Service was accepted by Christy Leaver. Document filed by Grace L. Wilson Marshall. (sc) [Transferred from nysd on 8/16/2023.]
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Filing 15
SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Lion Heart Inc. served on 7/13/2023, answer due 8/3/2023. Service was accepted by John Risner, Clinic Director. Document filed by Lion Heart Inc.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 14
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Grace Wilson Marshall consents to receive electronic service via the ECF system. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 13
DECLARATION of Grace Wilson Marshall in Support of re: #12 MOTION for Extension of Time. MOTION to Serve. Document filed by Grace L. Wilson Marshall. (sc) [Transferred from nysd on 8/16/2023.]
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Filing 12
NOTICE OF MOTION, Re: for Extension of Time to serve the defendants, MOTION, Re: for U.S. Marshals to Serve the defendant in Venezuela. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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SUMMONS ISSUED as to Tracy Brislin, Benjamin Ryan Caudill, Zachariah Goldenberg, Jennifer Hall(Caudill), Ben Hundley, Valerie Kershaw, Christy Leaver, Maria Leydermann, Lion Heart Inc., Jared Malatak, Hon. Lucinda Masterson, Traci Rankin, Kimberly Roberts, Shelton Forensics, Kathy(Hon.) Stein, Davina Warner, Pamela Williams, Hannah Yeager. (kh) [Transferred from nysd on 8/16/2023.]
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Filing 11
LETTER from Grace Marshall, dated 4/13/23 re: EXHIBIT A in the Amended Complaint was not scanned properly into the case file, dated 4/7/23. The color copy of Exhibit A has been presented to the Court and must be replaced in the 4/7/23 version which is obscured. Document filed by Grace L. Wilson Marshall.(sc) [Transferred from nysd on 8/16/2023.]
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Filing 10
AMENDED COMPLAINT, Re: amending 1 Complaint against Lion Heart Inc., Shelton Forensics, Kimberly Roberts, Traci Rankin, Ben Hundley, Benjamin Ryan Caudill, Davina Warner, Jared Malatak, Valerie Kershaw, Maria Leydermann, Pamela Williams, Hon. Lucinda Masterson, Zachariah Goldenberg, Hannah Yeager, Jennifer Hall(Caudill), Christy Leaver, Kathy(Hon.) Stein, Tracy Brislin with JURY DEMAND.Document filed by Kimberly Roberts, Traci Rankin, Ben Hundley, Benjamin Ryan Caudill, Davina Warner, Jared Malatak, Valerie Kershaw, Maria Leydermann, Pamela Williams, Hon. Lucinda Masterson, Zachariah Goldenberg, Hannah Yeager, Jennifer Hall(Caudill), Christy Leaver, Kathy(Hon.) Stein, Tracy Brislin. Related document: 1 Complaint. (sc) Modified on 4/26/2023 (sac). [Transferred from nysd on 8/16/2023.]
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Filing 9
LETTER addressed to Judge Ronnie Abrams from Grace Wilson Marshall, dated 4/7/23 re: I amend and present my claims to your honorable Court under the Federal Statute 42:1985(3), as corrected statute, to my initial complaint filed 3/9/23 in which I presented the equivalent Federal Criminal Statute 18:241. With the aid of NYLAG, I maintain within my Complaint as alleged that the defendant(s) violated my federal custodial rights to my children J.N.C. and F.E.C. by denying me no access/contact etc. Document filed by Grace L. Wilson Marshall.(sc) Modified on 4/10/2023 (sc). [Transferred from nysd on 8/16/2023.]
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Filing 8
ORDER: Accordingly, Plaintiffs application is denied without prejudice, pending a showing of why jurisdiction in this Court is proper. (Signed by Judge Ronnie Abrams on 3/30/2023) (ate) [Transferred from nysd on 8/16/2023.]
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Filing 7
PROPOSED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER(WITH EMERGENCY RELIEF). Document filed by Grace L. Wilson Marshall. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/30/2023 (sc). [Transferred from nysd on 8/16/2023.]
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #7 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) [Transferred from nysd on 8/16/2023.]
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Set/Reset Deadlines: Amended Pleadings due by 4/7/2023. (tg) [Transferred from nysd on 8/16/2023.]
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Filing 6
ORDER TO SHOW CAUSE: In light of the presumption of public access to judicial documents, see Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), it is hereby ORDERED that Plaintiff shall refile the Complaint on the docket with her address and the names of her minor children redacted no later than April 7, 2023. That version of the Complaint will be made accessible to the public. It is further ORDERED that, by that same date, Plaintiff shall show cause why, consistent with Federal Rule of Civil Procedure 8: (As further set forth herein.) SO ORDERED. (Signed by Judge Ronnie Abrams on 3/15/2023) (va) [Transferred from nysd on 8/16/2023.]
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Filing 4
UNSIGNED ORDER TO SHOW CAUSE filed by Grace L. Wilson Marshall..(rdz) [Transferred from nysd on 8/16/2023.]
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Filing 3
LETTER from Grace Wilson Marshall re: Your honor, I humbly request that my physical address not be disclosed to the Defendant.. Document filed by Grace L. Wilson Marshall..(rdz) [Transferred from nysd on 8/16/2023.]
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from nysd on 8/16/2023.]
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Case Designated ECF. (rdz) [Transferred from nysd on 8/16/2023.]
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