Lutley v. Noland Health Services Inc
| Wayne Lutley |
| Noland Health Services Inc and Probate Judge James Naftel |
| 4:2024cv01253 |
| September 13, 2024 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 28, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: Before the court is Plaintiff's Motion to Dismiss Defendants Jefferson County Commission and James P. Naftel. (Doc. #9 ). All claims against Jefferson County Commission and James P. Naftel are DISMISSED WITH PREJUDICE. The Clerk of the Court is DIRECTED to TERMINATE Jefferson County Commission and James P. Naftel as parties to this action. The pending motions of Jefferson County Commission and James P. Naftel (Docs. #3 , #4 ) are TERMINATED AS MOOT. The parties are to bear their own costs, expenses, and attorney's fees. This dismissal shall not affect any other right, claim, or cause of action which Plaintiff has, or may have, against any remaining Defendant. Signed by Judge R David Proctor on 10/28/2024. (CLD)
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Filing 11
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 10/28/2024. (CLD)
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| Filing 10 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 R. David Proctor. Please use case number 4:24 CV 1253 RDP on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (AKD) |
| The Telephone Conference set for November 6, 2024 is CANCELLED. (AKD) |
| Filing fee: $ 405, receipt number B13966 (KAM) |
| Filing 9 First MOTION to Dismiss Defendants Jefferson County Commission and James Naftel by Wayne Lutley. (Stewart, Otis) |
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Filing 8
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 November 21, 2024. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a randomly drawn district judge without further order after November 21, 2024.A telephone status conference is SET for 11:15 a.m. on November 06, 2024. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The parties should call in five minutes prior to the start time of the conference. The telephone conference will be cancelled by separate order if forms from all parties are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 10/15/2024. (AKD)
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Filing 7
ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 11/19/2024; Signed by Magistrate Judge Staci G Cornelius on 10/15/24. (BST, )
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Filing 6
ORDER REGARDING DEFICIENT PLEADING-The plaintiff, Wayne Lutley, initiated this matter by filing a counseled complaint on September 13, 2024. The complaint is deficient because it was not accompanied by the $405 filing fee or an application for leave to proceed in forma pauperis. The plaintiff is ORDERED to correct this deficiency within ten (10) calendar days. Signed by Magistrate Judge Staci G Cornelius on 10/15/2024. (AKD)
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Filing 5
TEXT ORDER: The defendants have filed motions to dismiss. (Docs. #3 , #4 ). The plaintiff is ORDERED to file any responses to the motions within fourteen (14) calendar days. The defendants SHALL file any replies within seven (7) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 10/10/2024. (AKD)
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| Filing 4 MOTION to Dismiss by Probate Judge James Naftel, Jefferson County, Alabama. (McMillan, French) |
| Filing 3 MOTION to Dismiss by Noland Health Services Inc. (Henry, James) |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing 1 COMPLAINT against Noland Health Services Inc, filed by Wayne Lutley.(AKD) |
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