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: 28:0158
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 10, 2018 Opinion or Order 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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