Kinsey et al v. Gould et al (MAG+)

Case Number: 2:2005cv00636
Filed: July 7, 2005
Court: Alabama Middle District Court
Office: Montgomery Office
Referring Judge: Wallace Capel
Presiding Judge: William Keith Watkins
Nature of Suit: Contract: Other
Cause of Action: 28:1346 Breach of Contract
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
December 9, 2009 64 Featured Case ORDER denying 63 Motion for Reconsideration as further set out. Signed by Honorable William Keith Watkins on 12/9/2009. (cb, )
November 19, 2009 63 MOTION for Reconsideration re 62 Order by Janie L. Kinsey, C. H. Kinsey. (cb, )
November 16, 2009 62 Featured Case ORDER denying 61 Motion for Money Judgment. Signed by Honorable William Keith Watkins on 11/16/2009. (cb, )
September 15, 2009 61 MOTION to Court for Our Money Judgment by Janie L. Kinsey. (Attachments: # 1 Attachment)(cb, )
July 8, 2008 60 Featured Case ORDERED that 58 and 59 Petitions for Writs of Execution are DENIED as further set out. Signed by Honorable William Keith Watkins on 7/8/2008. (cb, )
June 26, 2008 59 Petition for Writ of Execution (Motion Demand for Relief/Claim for Relief) by C. H. Kinsey. (Attachments: # 1 Attachments)(cb, )
June 26, 2008 58 Petition for Writ of Execution (Motion Demand for Relief/Claim for Relief) by Janie L. Kinsey. (Attachments: # 1 Attachments)(cb, )
April 23, 2008 57 Featured Case ORDERED that: (1) Plaintiff Janie L. Kinsey's 55 Motion to Proceed with the Complaint" s DENIED; and (2) Plaintiff C.H. Kinsey's "Motion to Proceed with the Complaint" is DENIED. Signed by Judge Honorable William Keith Watkins on 4/23/2007. (cb, )
April 15, 2008 56 MOTION to Continue Suit by C. H. Kinsey. (cb, )
April 15, 2008 55 MOTION to Continue Suit by Janie L. Kinsey. (cb, )
October 31, 2007 Appeal Record Returned: re 07-11675-FF, 51 Notice of Appeal (ydw, )
October 31, 2007 54 USCA JUDGMENT ISSUED AS MANDATE 10/30/07 as to 51 Notice of Appeal filed by C. H. Kinsey, Janie L. Kinsey, 11th Circuit Appeal No. 07-11675-FF; AFFIRMING the District Court's decision. (ydw, )
October 31, 2007 53 Per Curiam Opinion received from USCA Eleventh Circuit of Opinion Entered on 11th Circuit Appeal No. 07-11675-FF; In light of the foregoing, the district court's dismissal of the Kinseys' amended complaint is AFFIRMED. (ydw, )
July 2, 2007 Acknowledgement of Receipt of Record on Appeal from USCA re 07-11675-FF, 51 Notice of Appeal (ydw, )
June 27, 2007 Certified and Transmitted Record on Appeal to US Court of Appeals re 07-11675-FF, 51 Notice of Appeal (ydw, )
June 26, 2007 Request for Record on Appeal By USCA Eleventh Circuit re 07-11675-F, 51 Notice of Appeal (ydw, )
May 21, 2007 Certificate of Readiness to US Court of Appeals re 07-11675-F, 51 Notice of Appeal (ydw, )
April 20, 2007 52 RECEIVED TRANSCRIPT REQUEST FORM re 51 Notice of Appeal from pro se appellant Janie L. Kinsey, C. H. Kinsey, with following notation: "No hearing" (ydw, )
April 20, 2007 USCA Case Number 07-11675-F for 51 Notice of Appeal filed by Janie L. Kinsey,, C. H. Kinsey. (ydw, )
April 13, 2007 Transmission of Notice of Appeal and Certified copy of Docket Sheet and Order to US Court of Appeals re 51 Notice of Appeal (ydw, )
April 12, 2007 USCA Appeal Fees received $ 455 receipt number 113725 re 51 Notice of Appeal filed by Janie L. Kinsey, C. H. Kinsey (ydw, )
April 12, 2007 51 NOTICE OF APPEAL by C. H. Kinsey, Janie L. Kinsey, to the United States Court of Appeals for the Eleventh Circuit from the 49 Order Adopting Report and Recommendations and 50 Judgment, entered on 3/30/07. Copies mailed (ydw, )
March 30, 2007 50 FINAL JUDGMENT that this action is dismissed for want of subject matter jurisdiction. The Clerk of court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge William Keith Watkins on 3/30/07. (Attachments: # 1 Civil Appeals Checklist)(sl, )
March 30, 2007 49 Featured Case ORDERED that (1) the 47 Recommendation of the Magistrate Judge is adopted; and plaintiff's objection is overruled. An appropriate judgment will be entered. Signed by Judge William Keith Watkins on 3/30/07. (sl, )
January 3, 2007 48 OBJECTION to 47 Report and Recommendations by Janie L. Kinsey, C. H. Kinsey. (Attachments: # 1 Attachment)(cb, )
December 18, 2006 47 REPORT AND RECOMMENDATIONS that this action be dismissed for want of subject matter jurisdiction. Objections to R&R due by 1/3/2007Signed by Judge Wallace Capel Jr. on 12/18/2006. (cb, )
December 6, 2006 46 RESPONSE TO 42 ORDER TO SHOW CAUSE by Janie L. Kinsey. (cb, ) Modified on 12/13/2006 to correct the filer's name(cb, ).
December 6, 2006 45 RESPONSE TO 42 ORDER TO SHOW CAUSE by C. H. Kinsey (cb, )
December 1, 2006 44 Return Receipt Card showing service of Show Cause Order entered on 11-29-2006 signed by C.H. Kinsey for Janie L. Kinsey. (cb, )
December 1, 2006 43 Return Receipt Card showing service of Show Cause Order entered on 11/28/06 signed by C.H. Kinsey for C.H. Kinsey. (cb, )
November 29, 2006 MOTION to Dismiss, 35 MOTION to Compel, MOTION to Dismiss MOTION to Stay REFERRED to Judge Capel pursuant to case reassignment (NO PDF Document attached to this notice). (djy, )
November 29, 2006 Motions No Longer Referred to Mag Judge McPherson: MOTION to Dismiss, 35 MOTION to Compel, MOTION to Dismiss MOTION to Stay (NO PDF Document attached to this notice). (djy, )
November 29, 2006 Due to the retirement of Judge Vanzetta P. McPherson this case has been reassigned to Judge Wallace Capel, Jr. as referral judge (NO PDF document attached to this notice.)(djy, )
November 28, 2006 Copy of 42 order mailed to plaintiffs via regular and CMRRR mail. (NO PDF document attached to this notice). (djy, )
November 28, 2006 42 Featured Case ORDER TO SHOW CAUSE why this case should not be dismissed for lack of subject matter jurisdiction, as further set out in order; Show Cause Response due by 12/14/2006. Signed by Judge Wallace Capel Jr. on 11/28/06. (djy, )
November 27, 2006 NOTICE of Docket Text Correction re 41 Reply to Plaintiffs' Response to the Court's Show Cause Order notifying all parties that this is not a Response to Show Cause Order as originally filed. This is a REPLY to plaintiffs' 40 Response to 38 Order. (cb, )
November 22, 2006 41 Defendants' Reply to Plaintiffs' Response to Court's Show Cause Order Regarding Defendants' Motion to Compel Arbitration by Citifinancial Associates and TranSouth. (Shirley, Elizabeth) Modified on 11/27/2006 to correct the title of the pleading. It was orignally filed as a Response to Show Cause Order(cb, ).
November 16, 2006 40 RESPONSE TO 38 ORDER TO SHOW CAUSE by Janie L. Kinsey. (Attachments: # 1 Attachments)(cb, ) Modified on 12/13/2006 to correct the filer's name (cb, ).
November 16, 2006 39 RESPONSE TO 38 ORDER TO SHOW CAUSE by C. H. Kinsey (Attachments: # 1 Attachments)(cb, )
November 6, 2006 38 Featured Case ORDER that on or before 11/21/06, the plaintiffs shall show cause why 35 Motion to Compel Arbitration/Dimiss/Stay Proceedings should not be granted.Signed by Judge Charles S. Coody on 11/6/2006. (cb, )
October 23, 2006 NOTICE of Docket Text Correction re 37 Response to Order to correct the title of pleading. This is an Objectioin to Magistrate's 34 Order Denying Defendants' Motion to Quash and to Dismiss. Counsel orginally filed this pleading as a response. (cb, )
October 23, 2006 MOTION to Dismiss, MOTION to Stay Proceedings by Citifinancial Associates, TranSouth. No pdf attached to this entry. See 35 for pdf. (cb, )
October 23, 2006 37 Defendants' Objections to Magistate's 34 Order Denying Defendants' 28 Motion to Quash and to Dismiss by Citifinancial Associates. (Shirley, Elizabeth) Modified on 10/24/2006 to correct the title of the pleading. This is an objection, not a response to order. (cb, ).
October 23, 2006 36 BRIEF/MEMORANDUM in Support re 35 MOTION to Compel Arbitration and to Dismiss, or Alternatively, to Compel Arbitration and Stay Proceedings, Including Discovery filed by Citifinancial Associates. (Shirley, Elizabeth)
October 23, 2006 35 MOTION to Compel by Citifinancial Associates. (Shirley, Elizabeth)
October 10, 2006 34 Featured Case ORDER denying 28 Motion to Quash the summons and complaint. Signed by Judge Vanzetta P. McPherson on 10/10/2006. (cb, )
August 22, 2006 33 Featured Case ORDER as follows: (1) The 27 Recommendation is hereby ADOPTED; (2) The claims against the defendant, J. King, are hereby DISMISSED without prejudice; and (3) This case is referred back to the Magistrate Judge for further proceedings. Signed by Judge William Keith Watkins on 8/22/2006. (Attachments: # 1 Civil Appeals Checklist)(cb, )
August 21, 2006 32 RESPONSE to CitiFinancial 28 MOTION to Quash and to Dismiss filed by Janie L. Kinsey. (Attachments: # 1 Attachment-Supporting Documents)(cb, )
August 21, 2006 31 RESPONSE to CitiFinancial Motion to 28 MOTION to Quash and to Dismiss filed by C. H. Kinsey. (Attachments: # 1 Supporting Documents)(cb, )
August 10, 2006 30 Featured Case ORDER that on or before 25 August 2006, the plaintiffs shall file their writtenresponse to the 28 Motion to Quash and Dismiss with the Clerk of the Court. Response to Motion due by 8/25/2006. Signed by Judge Vanzetta P. McPherson on 8/10/2006. (cb, )
August 8, 2006 29 RESPONSE TO ORDER TO SHOW CAUSE by Citifinancial Associates, TranSouth re 26 Order to Show Cause,. (Manley, Reid)
August 8, 2006 No objections filed re 27 Report and Recommendation. (cb, )
August 7, 2006 ***Attorney Elizabeth Bosquet Shirley for Citifinancial Associates and TranSouth added pursuant to motion filed 8/7/2006 (NO PDF document attached to this notice-See Docket Entry 28 ). (djy, )
August 7, 2006 MOTION to Dismiss by Citifinancial Associates, TranSouth. No pdf attached to this entry. See 28 Motion to Quash for pdf. (cb, )
August 7, 2006 28 MOTION to Quash and to Dismiss by Citifinancial Associates, TranSouth. (Manley, Reid)
July 20, 2006 27 REPORT AND RECOMMENDATIONS that the court enter an order dismissing the claims against defendant J. King, without prejudice. It is further recommended that this case be referred to the Magistrate Judge for further proceedings. The parties are directed to file any objections to the Recommendation by 8/7/2006. Signed by Judge Vanzetta P. McPherson on 7/20/2006. (cb, )
July 20, 2006 26 Featured Case ORDER that on or before 8/4/06, Citifinancial and TranSouth shall show cause in writing why a default judgment should not be entered against them for their failure to file an answer to 1 Complaint within 20 days of service, as required by Rule (12)(a) of the FRCP. Show Cause Response due by 8/4/2006.. Signed by Judge Vanzetta P. McPherson on 7/20/2006. (cb, )
July 17, 2006 Summons and Compalint issued as to J. King mailed by cmrrr returned unexecuted with the following notation: "Return to SEnder-Undeliverable as Addressed No Forwarding Order on File". Notified plaintiffs by letter. (cb, )
July 11, 2006 25 Summons Issued: Summons and issued as to J. King mailed by cmrrr.(cb, )
June 29, 2006 24 Return Receipt Card showing service of Summons and Complaint signed by Shaun Hawthorne for Citifinancial Associates served on 6/28/2006, answer due 7/18/2006; Shaun Hawthorne for TranSouth served on 6/28/2006, answer due 7/18/2006. (cb, )
June 27, 2006 23 Summons Issued: Summons and Complaint issued as to Citifinancial Associates and TranSouth mailed by cmrrr. (cb, )
June 1, 2006 22 Featured Case ORDER directing that: (1) the plfs shall complete and file with the Court summonses for each of the three remaining defs - Citifinancial Associates, J. King and TranSouth - on or before 6/23/06, as further set out; (2) the Clerk has forwarded the appropriate summons form to the plfs by correspondence date 7/7/2005, a copy of which is annexed to this order. Signed by Judge William Keith Watkins on 6/1/06. (djy, )
May 8, 2006 21 RESPONSE TO 20 ORDER TO SHOW CAUSE by Janie L. Kinsey and C. H. Kinsey. (Attachments: # 1 Attachments)(cb, )
May 1, 2006 20 Featured Case ORDER TO SHOW CAUSE: Show Cause Response due by 5/8/2006 for plaintiffs as to why the claims against defendants Citifinancial Associates, J. King or TranSouth should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Signed by Judge William Keith Watkins on 5/1/2006. (cc, )
January 17, 2006 19 NOTICE: This pdf document should have been attached to the 18 Case Assigned/Reassigned docket entry entered 1/13/06. (ajr, )
December 6, 2005 NOTICE of Docket Text Correction re 17 Order Adopting Report and Recommendations - to show that order was signed by Judge Mark E. Fuller (ajr, )
December 1, 2005 *** Attorney Robert C. (Mike) Brock and R. Austin Huffaker, Jr terminated pursuant to 17 Order terminating Party C. Lance Gould. (cc, )
December 1, 2005 17 Featured Case ORDER ADOPTING 15 REPORT AND RECOMMENDATION; overruling plaintiff's objection; granting 11 Motion to Dismiss filed by C. Lance Gould; dismissing without prejudice claims against defendant Gould; Signed by Judge Mark E. Fuller on 12/1/05. (ajr, ) Modified on 12/6/2005 to correct judge (ajr, ).
November 28, 2005 16 OBJECTION to 15 Report and Recommendation by Janie L. Kinsey, C. H. Kinsey. (ajr, )
November 14, 2005 15 REPORT AND RECOMMENDATION re 11 MOTION to Dismiss filed by C. Lance Gould; that Gould's motion to dismiss be granted and claims dismissed without prejudice; Objections to R&R due by 11/28/2005. Signed by Judge Vanzetta P. McPherson on 11/14/05. (ajr, )
September 9, 2005 14 RESPONSE TO ORDER TO SHOW CAUSE by Janie L. Kinsey re 13 Order (ajr, )
August 18, 2005 13 Featured Case ORDER re 11 MOTION to Dismiss filed by C. Lance Gould, Motion Submission Deadline set for 9/12/2005 Show Cause Response from plaintiffs due by 9/12/2005. Signed by Judge Vanzetta P. McPherson on 8/18/05. (ajr, )
August 17, 2005 NOTICE of Docket Text Correction re 12 BRIEF/MEMORANDUM in Support - to create docket entry relationship with document 11 (ajr, )
August 17, 2005 12 BRIEF/MEMORANDUM in Support of Motion to Dismiss filed by C. Lance Gould. (Huffaker, R.) Modified on 8/18/2005 to create docket entry relationship with document 11 (ajr, ).
August 17, 2005 11 MOTION to Dismiss by C. Lance Gould. (Attachments: # 1 Exhibit A)(Huffaker, R.)
August 1, 2005 10 Featured Case ORDER denying as moot 8 Motion to Amend, denying as moot 9 Motion to Amend. Signed by Judge Vanzetta P. McPherson on 8/1/05. (ajr, )
July 27, 2005 9 MOTION to Amend 1 Complaint, by Janie L. Kinsey. (ajr, )
July 27, 2005 8 MOTION to Amend 1 Complaint, by C. H. Kinsey. (ajr, )
July 25, 2005 7 Featured Case ORDER granting 6 Motion for Extension of Time to Answer - Answer due from C. Lance Gould on 8/17/2005. Signed by Judge Vanzetta P. McPherson on 7/25/05. (ajr, )
July 22, 2005 ***Attorney Robert C. (Mike) Brock for C. Lance Gould added. (ajr, )
July 22, 2005 6 MOTION for Extension of Time to File Answer and Any Amendments Thereto by C. Lance Gould. (Huffaker, R.)
July 22, 2005 5 NOTICE of Appearance by R. Austin Huffaker, Jr on behalf of C. Lance Gould (Huffaker, R.)
July 13, 2005 4 NOTICE of Correction re 3 Order - to attach correct pdf (Attachments: # 1 corected pdf)(ajr, )
July 13, 2005 3 Featured Case ORDER that on or before 7/28/05 plaintiffs shall file an amended complaint as further set out; Amended Pleadings due by 7/28/2005. Signed by Judge Vanzetta P. McPherson on 7/13/05. (ajr, ) Additional attachment(s) added on 7/13/2005 (ajr, ).
July 12, 2005 2 Featured Case ORDER REFERRING CASE to Magistrate Judge for action or recommendation on all pretrial matters. Signed by Judge Mark E. Fuller on 7/12/05. (ajr, )
July 7, 2005 DEMAND for Trial by Jury by Janie L. Kinsey, C. H. Kinsey. (NO PDF ATTACHED - SEE DOC. # 1 . (ajr, )
July 7, 2005 1 COMPLAINT against all defendants (Filing fee $250.00 receipt number 106914.), filed by Janie L. Kinsey, C. H. Kinsey. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 6 - Continued)(ajr, )

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