McCallan v. Wilkins (JOINT ASSIGN)

McCallan v. Wilkins (JOINT ASSIGN)

Appellant:	Timothy McCallan
Appellee:	Carly B. Wilkins
Case Number:	2:2018cv00608
Filed:	June 25, 2018
Court:	US District Court for the Middle District of Alabama
Office:	Montgomery Office
County:	Montgomery
Presiding Judge:	William Keith Watkins
Nature of Suit:	Appeal
Cause of Action:	28 U.S.C. § 0158
Jury Demanded By:	None

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Date Filed	Document Text
July 10, 2018	Filing 5 ORDER directing McCallan TO SHOW CAUSE as to why Wilkins's 2 Motion to Dismiss for Lack of Jurisdiction should not be granted, why this appeal should not be dismissed for lack of jurisdiction as untimely and as lacking a final appealable order, why the court should not find that this action is frivolous and/or interposed for delay, and why McCallan and/or his attorneys should not be subject to sanctions (including costs and the opposing partys attorneys fees) pursuant to this court s inherent powers for filing a frivolous appeal and/or for filing this appeal for the purpose of delay. Further, it is ORDERED that, on or before 7/20/2018, McCallan's attorneys shall show cause why they should not be subject to sanctions purs uant to Rule 11(b)(1)-(2) and (c) of the FRCP for filing a frivolous appeal and/or for filing this appeal for an improper purpose. Some of issues McCallan and his attorneys are required to address are not discussed in the motion to dismiss. (Doc. 2 .) Moreover, Wilkins's motion to dismiss incorrectly argues that McCallan appealed from a 5/23/2018 Order holding McCallan in contempt and ordering his continued incarceration, rather than from the 5/29/2018 Order refusing to release him on bond or house arrest. Therefore, it is ORDERED that, on or before 7/20/2018, Wilkins may opt to file a brief addressing the existence of subject- matter jurisdiction, whether this action is frivolous or interposed for delay, and whether sanctions should be imposed. Signed by Chief Judge William Keith Watkins on 7/10/2018. (dmn, )

Date Filed

Document Text

July 10, 2018

Filing 5 ORDER directing McCallan TO SHOW CAUSE as to why Wilkins's 2 Motion to Dismiss for Lack of Jurisdiction should not be granted, why this appeal should not be dismissed for lack of jurisdiction as untimely and as lacking a final appealable order, why the court should not find that this action is frivolous and/or interposed for delay, and why McCallan and/or his attorneys should not be subject to sanctions (including costs and the opposing partys attorneys fees) pursuant to this court s inherent powers for filing a frivolous appeal and/or for filing this appeal for the purpose of delay. Further, it is ORDERED that, on or before 7/20/2018, McCallan's attorneys shall show cause why they should not be subject to sanctions purs uant to Rule 11(b)(1)-(2) and (c) of the FRCP for filing a frivolous appeal and/or for filing this appeal for an improper purpose. Some of issues McCallan and his attorneys are required to address are not discussed in the motion to dismiss. (Doc. 2 .) Moreover, Wilkins's motion to dismiss incorrectly argues that McCallan appealed from a 5/23/2018 Order holding McCallan in contempt and ordering his continued incarceration, rather than from the 5/29/2018 Order refusing to release him on bond or house arrest. Therefore, it is ORDERED that, on or before 7/20/2018, Wilkins may opt to file a brief addressing the existence of subject- matter jurisdiction, whether this action is frivolous or interposed for delay, and whether sanctions should be imposed. Signed by Chief Judge William Keith Watkins on 7/10/2018. (dmn, )

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Appellant: Timothy McCallan
Represented By:	Michael Aaron Fritz, Sr.
Represented By:	James Ippoliti
Represented By:	Scott D Widerman
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Appellee: Carly B. Wilkins
Represented By:	Stephen Charles Olen
Represented By:	Lucy Elizabeth Tufts
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