Payne v. Westgate Vacation Villas and Town Center Resort
| Benjamin W Payne |
| Westgate Vacation Villas and Town Center Resort |
| 4:2021cv00428 |
| March 23, 2021 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| Corey L Maze |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 16 CERTIFICATE OF SERVICE by Westgate Vacation Villas and Town Center Resort re #15 Report of Rule 26(f) Planning Meeting (Murray, Christopher) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Murray, Christopher) |
Filing 14
ORDER The court DENIES without prejudice Plaintiff's motion for summary judgment as premature. Doc. #13 . Plaintiff may refile a motion for summary judgment if the court denies Defendant's motion to dismiss. Doc. #5 . Signed by Judge Corey L. Maze on 5/18/2021. (SRD)
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| Filing 13 RESPONSE to Defendant's MOTION to Dismiss and MOTION for Summary Judgment by Benjamin W Payne. (MRR, ) |
| Filing 12 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Corey L Maze. Please use case number 4:21-cv-428-CLM on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, ) |
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Filing 11
ORDER- During the May 11, 2021 status conference, the plaintiff revoked his previously given consent to receive electronic notifications regarding this case. The Clerk is DIRECTED to provide the plaintiff with copies of Docs 5,7, and 8. The plaintiff's oral motion seeking additional time to respond to the defendant's motion to dismiss is GRANTED. Plaintiff shall have until Monday, May 17, 2021, to file his response. Signed by Magistrate Judge Staci G Cornelius on 5/14/21. (MRR, )
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| Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 5/11/2021; plaintiff present as well as defendant's counsel; dft no longer wishes to receive documents by email; Clerk to mail and e-mail docs 5,7 & 8 to the plaintiff; pla will have until Monday 5/17/21 to respond to motion to dismiss. Documents e-mailed & mailed-bst. (BST, ) |
| Filing 10 NOTICE to remind parties of consent telephone conference scheduled for 10:00 AM on Tuesday, 5/11/2021; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, 24 hours in advance, the conference will be cancelled. (BST) |
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Filing 9
ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 5/27/2021; Signed by Magistrate Judge Staci G Cornelius on 4/22/2021. (BST, )
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Filing 8
ORDER- The plaintiff is DIRECTED to file a response to the motion to dismiss (Doc #5 ) within fourteen (14) calendar days. The defendant SHALL file any reply within seven (7) calendar days from the date on which the plaintiffs response is due. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, )
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Filing 7
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than June 4, 2021. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after June 4, 2021. A telephone status conference is hereby SET for 10:00 a.m. on May 11, 2021. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, )
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Filing 6
TEXT ORDER: The motion seeking admission pro hac vice of B. Eliot New on behalf of the defendant in this action (Doc. #4 ) is GRANTED. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, )
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| Filing 5 MOTION to Dismiss by Westgate Vacation Villas and Town Center Resort. (Attachments: #1 Exhibit A - Declaration of John Willman)(Murray, Christopher) |
| Filing 4 MOTION to Appoint Counsel B. Eliot New Pro Hac Vice by Westgate Vacation Villas and Town Center Resort. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Murray, Christopher) |
| PHV Fee paid: $ 75, receipt number 1126-3822591 (B4601112792). (New, Benjamin) Modified on 4/21/2021 (MRR, ). |
| Filing 3 Summons Issued as to Westgate Vacation Villas and Town Center Resort, returned to plaintiff for service (MRR, ) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 1 COMPLAINT against Westgate Vacation Villas and Town Center Resort, filed by Benjamin W Payne. (MEB2) |
| Filing fee: $ 402.00, receipt number B4601112180 (MEB2) |
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| Plaintiff: Benjamin W Payne | |
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| Defendant: Westgate Vacation Villas and Town Center Resort | |
| Represented By: | Benjamin Eliot New |
| Represented By: | Christopher Howell Murray |
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