Kelly v. Montgomery Real Estate Buyers LLC et al (MAG+)
| Gregory Kelly |
| Bobby Dean, Jessica Avant and Montgomery Real Estate Buyers LLC |
| 2:2024cv00297 |
| May 17, 2024 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Kelly F Pate |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 19
ORDER: the Court construes the #6 declaration as a motion for assistance in drafting a complaint or amended complaint by a PSAP attorney; Plaintiff's motion is DENIED. Signed by Magistrate Judge Kelly F. Pate on 7/15/2024. (BES) (Main Document 19 replaced on 7/15/2024; incorrect pdf previously attached) (BES). Modified on 7/15/2024 (BES).
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| Filing 18 Summons Issued as to Jessica Avant, Bobby Dean, Montgomery Real Estate Buyers LLC.; mailed CMRRR with a copy of the #15 Amended Complaint. (BES) |
| Filing 17 Proposed Summons (BES) |
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Filing 16
ORDER: it is ORDERED as follows: 1. The #9 Motion to Quash Service is GRANTED; 2. The Court construes Plaintiff's #15 First Amended Complaint as a motion seeking leave to amend the original Complaint and, upon consideration, ORDERS that the motion is GRANTED; Accordingly, Plaintiff's First Amended Complaint is now the operative complaint in this action; 3. Based on the filing of the First Amended Complaint, Defendants' #9 Motion to Dismiss is DENIED as moot, without prejudice; 4. Plaintiff must serve each Defendant with a summons and the First Amended Complaint, as further set out in Order; 5. Plaintiff's #14 Motion for Summary Judgment is DENIED as moot without prejudice. Signed by Magistrate Judge Kelly F. Pate on 7/11/2024. (AM)
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| First Amended Complaint CONSTRUED to contain a MOTION to Amend Complaint. (NO PDF See doc #15 ) (AM) |
| Filing 15 FIRST AMENDED COMPLAINT with JURY DEMAND against Jessica Avant, Bobby Dean, and Montgomery Real Estate Buyers LLC, filed by Gregory Kelly. (Attachments: #1 Envelope)(GGN) Modified on 7/11/2024 to add Jury Demand and correct def name(AM). |
| Filing 14 MOTION for Partial Summary Judgment by Gregory Kelly. (GGN) |
| Filing 13 Corporate/Conflict Disclosure Statement by Montgomery Real Estate LLC re #11 Corporate/Conflict Disclosure Statement. (Darby, Larry) |
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Filing 12
ORDER: It is ORDERED that, on or before June 25, 2024, Montgomery Real Estate, LLC shall supplement its corporate disclosure statement with the names of each member who maintains a residence or is a citizen within the Middle District of Alabama, as further set out in order. Signed by Magistrate Judge Kelly F. Pate on 6/11/2024. (BES)
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| Filing 11 Corporate/Conflict Disclosure Statement by Jessica Avant, Bobby Dean, Montgomery Real Estate LLC re #10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Darby, Larry) Modified on 6/10/2024 to add link (BES). |
| Filing 10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Jessica Avant, Bobby Dean, Montgomery Real Estate LLC; Corporate Disclosures due by 6/20/2024. (Attachments: #1 Standing Order and Sample Format)(BES) |
| Filing 9 MOTION to Dismiss Pursuant to F.R.C.P. Rule 12, MOTION to Quash Service by Jessica Avant, Bobby Dean, Montgomery Real Estate LLC. (Darby, Larry) |
| Filing 8 NOTICE of Appearance by Larry Eugene Darby on behalf of All Defendants (Darby, Larry) |
| Filing 7 Return Receipt Card showing service of Summons and #1 Complaint signed by Chris Klinner for: Jessica Avant served on 5/22/2024, answer due 6/12/2024; Bobby Dean served on 5/22/2024, answer due 6/12/2024; Montgomery Real Estate LLC served on 5/22/2024, answer due 6/12/2024. (WCL) |
| MOTION for assistance in drafting a complaint or amended complaint by a PSAP attorney by Gregory Kelly, as CONSTRUED by the Court's #19 Order. (no PDF attached to this entry - see doc #6 for PDF) (BES) |
| Filing 6 DECLARATION of the pro se party For Participation in the Pro Se Assistance Program, by Gregory Kelly. (AM) |
| Filing 5 INFORMATION of the pro se party For Participation in the Pro Se Assistance Program, by Gregory Kelly. (AM) |
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Filing 4
ORDER: It is ORDERED that the above-styled action is REFERRED to the Magistrate Judge pursuant to 28 U.S.C. 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/22/2024. (CWL)
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| Filing 3 Summons Issued as to Jessica Avant, Bobby Dean, Montgomery Real Estate LLC and mailed CMRRR w/ #1 Complaint. (AM) |
| Filing 2 Conflict Disclosure Statement by Gregory Kelly. (AM) |
| Filing 1 COMPLAINT with JURY DEMAND against Jessica Avant, Bobby Dean, Montgomery Real Estate LLC (Filing fee $ 405.), filed by Gregory Kelly. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Receipt, #11 Proposed Summons)(AM) |
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