Bui v Smyth, et al
| Khai Bui |
| Sefton Smyth and Abdul Alshaer |
| 1:2023cv01224 |
| September 11, 2023 |
| US District Court for the Eastern District of Virginia |
| William E Fitzpatrick |
| Claude M Hilton |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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Filing 50
ORDERED that pro se Plaintiff's Motions for Entry of Default under Rule 55(a) (Dkts. 45, 47) are DENIED; it is further ORDERED that Plaintiff is barred from refiling this same motion, on the same grounds and seeking the same relief (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 11/8/2023. (swil)
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Filing 49
REPLY to Response to Motion re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Sefton Smyth. (McElhaney, Ian)
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Filing 48
AFFIDAVIT for Default FRCP 55 (a) in re #47 Second Application for Entry of Default Under Rule 55 (a) as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 47
Second Application for Entry of Default Under Rule 55 (a) as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 46
AFFIDAVIT for Default FRCP 55 (a) in re #45 Request for Entry of Default under Rule 55 (a) as to defendant Abdul Alshae, filed by Khai Bui. (Dest)
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Filing 45
Request for Entry of Default under Rule 55 (a) as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 44
RESPONSE to Defendant Smyth's Motion to Dismiss re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro, filed by Khai Bui. (Dest, )
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Filing 43
REPLY to Response to Motion re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Sefton Smyth. (McElhaney, Ian)
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Filing 42
REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro,. filed by Abdul Alshaer. (Igiel, Jay)
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Filing 41
ORDER denying #35 Motion for Default Judgment. Signed by Magistrate Judge William E. Fitzpatrick on 10/27/2023. (wgar, )
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Filing 40
Response in Opposition to Motion for Sanction, filed by Khai Bui. (Attachments: #1 Exhibit 3) (Dest)
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Filing 39
ORDER granting #21 Motion to reschedule hearing date; ORDERED that the hearing date on Defendants Motions to Dismiss #11 and #13 , is reset for December 1, 2023 at 10:00 a.m. Signed by District Judge Claude M. Hilton on 10/26/2023. (Copy sent to pro se Plaintiff on 10/27 by JBlack (dzir).
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Reset Deadlines as to #13 MOTION to Dismiss for Failure to State a Claim with Roseboro, and #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro. Motion Hearing reset for 12/1/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (dzir)
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Filing 33
ORDERED that Plaintiff's Motion for Default Judgment (Dkt. 18) is DENIED (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 10/24/2023. (swil)
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Filing 32
ORDERED that Plaintiff's Motion (Dkt. 4) is DENIED; it is further ORDERED that Plaintiff's Motion for Return Date for Subpoena Production of Documents (Dkt. 24) is DENIED as moot (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 10/23/2023. (swil)
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Filing 38
NOTICE of Hearing on Motion re #35 MOTION for Default Judgment FRCP 55(a) with Notice of Hearing as to defendant Abdul Alshaer: Motion Hearing set for 12/8/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (Dest)
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Filing 37
Statement of Affidavit for Support in re #35 MOTION for Default Judgment FRCP 55(a) with Notice of Hearing as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 36
Written Brief in re #35 MOTION for Default Judgment FRCP 55(a) with Notice of Hearing as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 35
MOTION for Default Judgment FRCP 55(a) with Notice of Hearing as to defendant Abdul Alshaer, filed by Khai Bui. (Dest)
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Filing 34
RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro filed by Khai Bui. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Dest) Modified to correct linked motion on 10/26/2023 (swil).
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Filing 31
RESPONSE in Opposition re #18 MOTION for Default Judgment as to filed by Abdul Alshaer. (Attachments: #1 Affidavit)(Igiel, Jay)
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Filing 30
RESPONSE to Motion re #21 MOTION to reschedule hearing date filed by Abdul Alshaer. (Igiel, Jay)
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Filing 29
RESPONSE to Motion re #21 MOTION to reschedule hearing date filed by Sefton Smyth. (McElhaney, Ian)
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Filing 28
NOTICE of Hearing on Motion #18 MOTION for Default Judgment as to Abdul Ashaer: Motion Hearing set for 11/3/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (Dest)
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Filing 27
NOTICE of Hearing on Motion #24 MOTION for Return Date for Subpoena Production of Documents: Motion Hearing set for 12/1/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (Dest)
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Filing 26
Memorandum for Issuance of Subpoena in re #24 MOTION for Return Date for Subpoena Production of Documents, filed by Khai Bui. (Dest)
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Filing 25
Written Brief in re #24 MOTION for Return Date for Subpoena Production of Documents, filed by Khai Bui. (Dest)
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Filing 24
MOTION for Return Date for Subpoena Production of Documents, filed by Khai Bui. (Attachments: #1 Proposed Subpoenas)(Dest)
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Filing 23
Waiver of Oral Argument re #21 MOTION to reschedule hearing date by Khai Bui (dvanm)
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Filing 22
Brief in Support to #21 MOTION to reschedule hearing date filed by Khai Bui. (dvanm)
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Filing 21
MOTION to reschedule hearing date by Khai Bui. (dvanm)
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Filing 20
Reply to #16 Memorandum in Opposition to motion for subpoena filed by Khai Bui. (dvanm)
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Filing 19
Brief in Support to #18 MOTION for Default Judgment as to Abdul Alshaer filed by Khai Bui. (dvanm)
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Filing 18
MOTION for Default Judgment as to Abdul Ashaer by Khai Bui. (dvanm)
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Set Deadlines as to #13 MOTION to Dismiss for Failure to State a Claim with Roseboro.; #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiction with Roseboro. Motion Hearing set for 11/17/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (wgar, )
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Filing 17
Notice of Hearing Date re #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro,. (Igiel, Jay)
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Filing 16
Memorandum in Opposition re #4 MOTION for Issuance of Subpoenas filed by Sefton Smyth. (McElhaney, Ian)
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Filing 15
Notice of Hearing Date set for November 17, 2023 re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #14 Memorandum in Support (McElhaney, Ian)
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Filing 14
Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Sefton Smyth. (McElhaney, Ian)
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Filing 13
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Sefton Smyth. (McElhaney, Ian)
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Notice of Correction re #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro,. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (nneb)
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Filing 12
Memorandum in Support re #11 MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro,. filed by Abdul Alshaer. (Igiel, Jay)
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Filing 11
MOTION to Dismiss for Failure to State a Claim and for lack of Subject Matter Jurisdiciton with Roseboro,. by Abdul Alshaer. (Igiel, Jay)
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Filing 10
NOTICE of Appearance by Jay Ian Igiel on behalf of Abdul Alshaer (Igiel, Jay)
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Filing 9
SUMMONS Returned Executed, Abdul Alshaer served on 9/15/2023, answer due 10/6/2023 (Attachments: #1 Notice of Proof of Service (corrected)) (Dest)
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Filing 8
SUMMONS Returned Executed, Sefton Smyth served on 9/19/2023, answer due 10/10/2023 (Attachments: #1 Notice of Proof of Service)(Dest)
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Reset Deadlines as to #4 MOTION for Subpoena to Produce Document. Motion Hearing reset for 10/27/2023 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (Dest)
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Filing 7
Summons Issued to be served via Special Process Server as to Abdul Alshaer, Sefton Smyth, (Dest)
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Filing 6
NOTICE of Hearing on Motion #4 MOTION for Subpoena to Produce Document: Motion Hearing set for 10/27/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (Dest)
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Filing 5
Written Brief in re #4 MOTION for Subpoena to Produce Document, filed by Khai Bui. (Dest, )
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Filing 4
MOTION for Subpoena to Produce Document, filed by Khai Bui. (Dest)
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Filing 3
NOTICE of Lawsuit Representation, filed by Khai Bui (Dest)
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Filing 2
NOTICE of Civil Lawsuit, filed by Khai Bui (Dest)
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Filing 1
COMPLAINT against Abdul Alshaer, Sefton Smyth ( Filing fee $ 402, receipt number 100003766.), filed by Khai Bui. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit I, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit O, #10 Exhibit Q, #11 Civil Cover Sheet, #12 Receipt)(Dest)
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