Staples et al v. Yates et al
Plaintiff: Don Juan Staples and Deborah Lawson Staples
Defendant: Jason Yates, James Tomasik, Yulanda Gancs and David R. Karr, Jr.
Case Number: 2:2023cv00429
Filed: June 9, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Referring Judge: Dwane L Tinsley
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2023 Opinion or Order Filing 21 MEMORANDUM OF LAW by Deborah Lawson Staples, Don Juan Staples in support of #20 Response In Opposition. (lca)
July 31, 2023 Opinion or Order Filing 20 RESPONSE by Don Juan Staples in opposition to the #7 MOTION by David R. Karr, Jr. to Dismiss #1 Complaint, #11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint, and #9 MOTION by Yulanda Gancs to Dismiss For Failure to State a Claim or Cause of Action re: #1 Complaint. (lca)
July 18, 2023 Opinion or Order Filing 19 RESPONSE by Jason Yates in opposition to #17 MOTION by Don Juan Staples for Leave to Amend the #1 Complaint (Kluemper, Tai)
July 10, 2023 Opinion or Order Filing 18 COMMERCIAL AFFIDAVIT by Don Juan Staples in support of #17 MOTION by Don Juan Staples for Leave to Amend the #1 Complaint. (kew)
July 10, 2023 Opinion or Order Filing 17 MOTION by Don Juan Staples for Leave to Amend the #1 Complaint and Memorandum of Law in Support. (Attachment: #1 Proposed Amended Complaint and Memorandum of Law in Support). Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
July 2, 2023 Opinion or Order Filing 16 ADDENDUM to #9 MOTION by Yulanda Gancs to Dismiss For Failure to State a Claim or Cause of Action re: #1 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley.(Lindroth, Richard)
June 30, 2023 Opinion or Order Filing 15 ORDER directing any Responses to #11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint, and #9 MOTION by Yulanda Gancs to Dismiss For Failure to State a Claim or Cause of Action re: #1 Complaint be filed by 7/14/2023; Replies, if applicable, due by 7/21/2023. Signed by Magistrate Judge Dwane L. Tinsley on 6/30/2023. (cc: counsel of record; any unrepresented party) (tmr)
June 30, 2023 Opinion or Order Filing 14 AMENDED CERTIFICATE OF SERVICE by Jason Yates re: #12 MEMORANDUM OF LAW by Jason Yates in support of #11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint. (Kluemper, Tai) (Modified on 6/30/2023 to add link to #12 memorandum in support) (mk).
June 30, 2023 Opinion or Order Filing 13 AMENDED CERTIFICATE OF SERVICE by Jason Yates re: #11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint. (Kluemper, Tai) (Modified on 6/30/2023 to add link to #11 motion to dismiss) (mk).
June 30, 2023 Opinion or Order Filing 12 MEMORANDUM OF LAW by Jason Yates in support of #11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint. (Kluemper, Tai) (Modified on 6/30/2023 to correct link) (mk).
June 30, 2023 Opinion or Order Filing 11 MOTION by Jason Yates to Dismiss With Prejudice re: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) Motion referred to Magistrate Judge Dwane L. Tinsley.(Kluemper, Tai) (Modified on 6/30/2023 to add link to #1 complaint and to convert event to motion to dismiss for failure to state a claim) (mk).
June 29, 2023 Opinion or Order Filing 10 NOTICE OF CHANGE OF ADDRESS by Don Juan Staples. (tmr)
June 27, 2023 Opinion or Order Filing 9 MOTION by Yulanda Gancs to Dismiss For Failure to State a Claim or Cause of Action re: #1 Complaint. (Attachment: #1 Trustee Report of Sale). Motion referred to Magistrate Judge Dwane L. Tinsley.(Lindroth, Richard) (Modified on 6/28/2023 to add link to #1 complaint) (mk).
June 27, 2023 Opinion or Order Filing 8 ORDER directing Plaintiffs to file any response(s) to Defendant David R. Karr, Jr.'s #7 MOTION to Dismiss on or before 7/10/2023; Defendants are directed to file any reply thereto, if applicable, on or before 7/17/2023; further directing Plaintiffs to review this Court's Pro Se Handbook, including Section 9 regarding Motions, as well as this Court's Local Rules of Civil Procedure, including Local Rule 7.1, prior to filing a response. Signed by Magistrate Judge Dwane L. Tinsley on 6/27/2023. (cc: counsel of record; any unrepresented party) (jsa)
June 26, 2023 Opinion or Order Filing 7 MOTION by David R. Karr, Jr. to Dismiss #1 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Karr, David)
June 23, 2023 Opinion or Order Filing 6 ANSWER TO #1 Complaint by James Tomasik. (Dawson, Christopher)
June 15, 2023 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Yulanda Gancs, David R. Karr, Jr., James Tomasik, re: #1 Complaint. Yulanda Gancs, David R. Karr, Jr., James Tomasik served on 6/12/2023, answer due 7/3/2023. (Attachments: #1 Return Receipt for David R. Karr, Jr., #2 Return Receipt for James Tomasik) (kew)
June 12, 2023 Opinion or Order Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc)
June 9, 2023 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
June 9, 2023 Opinion or Order Filing 3 SUMMONS ISSUED by the Clerk via Certified Mail, Return Receipt, Restricted Delivery on behalf of Don Juan Staples, Deborah Lawson Staples for Yulanda Gancs, David R. Karr, Jr., James Tomasik, Jason Yates, re: #1 Complaint, returnable 21 days. (Attachments: #1 Certified Mail Receipt and Summons Issued as to David R. Karr, Jr., #2 Certified Mail Receipt and Summons Issued as to James Tomasik, #3 Certified Mail Receipt and Summons Issued as to Jason Yates) (kew)
June 9, 2023 Opinion or Order Filing 2 LETTER TO CLERK from Don Juan Staples requesting service of summonses. (kew)
June 9, 2023 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # 2001307. (Attachments: #1 Exhibits 1-3, #2 Proposed Summons as to David R. Karr, Jr., #3 Proposed Summons as to James Tomasik, #4 Proposed Summons as to Jason Yates, #5 Proposed Summons as to Yulanda Gancs, #6 Receipt, #7 Civil Cover Sheet) (kew)

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Plaintiff: Don Juan Staples
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Plaintiff: Deborah Lawson Staples
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Defendant: Jason Yates
Represented By: Nicholas P. Mooney, II
Represented By: Tai Shadrick Kluemper
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Defendant: James Tomasik
Represented By: Christopher A. Dawson
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Defendant: Yulanda Gancs
Represented By: Richard J. Lindroth
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Defendant: David R. Karr, Jr.
Represented By: David R. Karr, Jr.
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