Marshall v. Smith
| Bradley R Marshall |
| Tonya Denise Smith and Chartmans LLC |
| 7:2022cv00051 |
| January 12, 2022 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 16 NOTICE of Appearance by Keith McKerall on behalf of Chartmans LLC (McKerall, Keith) |
Filing 15
ORDER This matter is before the court on DefendantsMotion to Dismiss (Doc. # 4) and Plaintiffs Motion for Summary Judgment (Doc. # 10). Counsel for the parties SHALL meet and confer and file a joint report on or before Tuesday, April 26, 2022; If Defendant files a motion to dismiss the amended complaint, Defendant SHALL also contemporaneously file an answer that includes all defenses and counterclaims she wishes to assert; Plaintiff SHALL replead the complaint to include Chartmans, LLC as an additional plaintiff and in accordance with the Eleventh Circuits interpretation of Federal Rule of Civil Procedure 8; Defendants Motion to Dismiss (Doc. # 4) and Plaintiffs Motion for Summary Judgment (Doc. # 10) will no longer address the operative complaint, the motions are ADMINISTRATIVELY TERMINATED. Signed by Judge R David Proctor on 2/24/2022. (KAM)
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| Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 2/24/2022. Counsel shall meet and confer and file a joint report as discussed. Plaintiff shall file an amended complaint and allowed sufficient time to retain counsel. A separate order will be entered by the court. (Court Reporter Risa Entrekin.) (KLL) |
| Filing 14 REPLY to Response to Motion re #4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and (7) filed by Tonya Denise Smith. (Linetsky, Yuri) |
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Filing 13
TEXT ORDER The court RESETS the telephonic conference originally scheduled for Thursday, February 24, 2022 at 3:00 P.M. to the same day, February 24, 2022 at 10:30 A.M. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 2/22/2022. (KAM)
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| Filing 12 RESPONSE to #4 Motion to Dismiss filed by Bradley R Marshall. (KAM) |
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Filing 11
TEXT ORDER The court was informally contacted by counsel. The parties are REMINDED to brief Defendants Motion to Dismiss #4 in accordance with the courts order 5 . The court SETS this matter for a telephonic conference on Thursday, February 24, 2022 at 3:00 P.M. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 2/18/2022. (KAM)
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| Filing 10 RESPONSE in Opposition re #4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and (7) filed by Bradley R Marshall. (KAM) |
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Filing 9
ORDER This matter is before the court on Plaintiffs Motion for Entry of Default; Defendant timely filed and served her motion to dismiss. (Doc. # 4). Accordingly, Plaintiffs Motion for Entry of Default (Doc. # 7) is DENIED. The parties are REMINDED to brief Defendants Motion to Dismiss (Doc. # 4) in accordance with the courts February 14, 2022 Text Order. (Doc. # 5).. Signed by Judge R David Proctor on 2/16/2022. (KAM)
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Filing 8
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 2/16/2022. (KAM)
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| Filing 7 MOTION for Entry of Default by Bradley R Marshall. (KAM) |
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Filing 6
TEXT ORDER Before the court is Defendants Motion to Dismiss #4 . The parties SHALL brief the motion as follows. Plaintiff SHALL file his response on or before Thursday, February, 24, 2022 and limit his brief to no more than twenty-five (25) pages. Defendant SHALL reply within five (5) days of the date that Plaintiff files his response. Defendant SHALL limit her reply to no more than ten (10) pages. Signed by Judge R David Proctor on 2/14/2022. (KAM)
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Filing 5
TEXT ORDER Before the court is Defendants Motion to Dismiss #4 . The parties SHALL brief the motion as follows. Plaintiff SHALL file his response on or before Thursday, February, 24, 2022 and limit his brief to no more than twenty-five (25) pages. Defendant SHALL reply within five (5) days of the date that Plaintiff files his response. Defendant SHALL limit her reply to no more than ten (10) pages. Signed by Judge R David Proctor on 2/14/2022. (KAM)
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| Filing 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and (7) by Tonya Denise Smith. (Linetsky, Yuri) |
| Filing 3 SUMMONS Returned Executed by Bradley R Marshall. Tonya Denise Smith served on 1/25/2022, answer due 2/15/2022. (KAM) |
| Filing 2 Summons Issued as to Tonya Denise Smith. Returned to plaintiff for service. (MEB2) |
| Filing 1 COMPLAINT against Tonya Denise Smith (Filing fee $ 402. rec# B4601117938), filed by Bradley R Marshall.(KAM) |
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