Smith v. Alphabet Inc. et al
| Smith and Michael Henry Smith |
| Alphabet Inc, Telstra, and Telstra Ventures Group, Alphabet Inc., Amazon.com, Ala Kid, Long John, Long Dong, Itochu Technology Ventures, Coatue Management, General Atlantic, Google, Whistle Dick, Captain Spaulding, Cindy Lou, Scale Venture Partners, DFJ Growth, Beam.to, Peter Will Harden, Thereal Mikesmith 1ER, Tucows Inc., Bessemer Venture Partners, Telefonica Digital, Mitsui & Co, Ezinecentre, My Social Hub XP, Attractsoft GMBH, SAP Ventures, Jon Jones, Freehostingeu, New Enterprise Associates, Box/Box, Inc./Open Box/Medxt, Captain Sprawling, Macnica Networks USA, Inc., Nuke Dukem, Social + Capital Partnership, Facebook, TPG Capital, Thereal Mikesmith, Automatic/Gravatar, Brianna Nathaly and Jimbo King |
| 1:2016cv00086 |
| February 26, 2016 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| William E Cassady |
| Callie V S Granade |
| P Bradley Murray |
| Assault Libel & Slander |
| 17 U.S.C. § 504 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2017. A more recent docket listing may be available from PACER.
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| Filing 40 CLERK'S ENTRY OF DISMISSAL ISSUED AS MANDATE of USCA re: #18 Notice of Appeal filed by Michael Henry Smith, Mandate issued 8/7/2017 ; USCA Case Number 16-15266 (jal) |
| Filing 39 RESPONSE to #37 Order Adopting Report and Recommendations filed by Michael Henry Smith. (srd) Copy to USCA. |
| Filing 38 JUDGMENT, this action is DISMISSED because Plf has not proven, by a preponderance of the evidence, facts supporting the existence of diversity jurisdiction at the time of the filing of the amended complaint on 4/22/16. Signed by Senior Judge Callie V. S. Granade on 7/12/2017. (copy mailed to Plf on 7/12/17) (tot) |
Filing 37
ORDER ADOPTING #33 REPORT AND RECOMMENDATION. Signed by Senior Judge Callie V. S. Granade on 7/12/2017. (copy mailed to Plf on 7/12/17) (tot)
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| Filing 36 Response to #33 REPORT AND RECOMMENDATION filed by Michael Henry Smith; referred to Senior Judge Granade (mab) |
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Filing 35
ENDORSED ORDER, GRANTING Plaintiff's #34 Petition for an Extension of Time to Respond to the Report and Recommendation of the United States Magistrate Judge, and EXTENDING the deadline for Plaintiff to file his objection to July 3, 2017. Signed by Senior Judge Callie V. S. Granade on 6/5/2017. (copy to Pltf) (mab)
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| Filing 34 MOTION for Extension of Time to Respond to the Report & Recommendation by Michael Henry Smith. (Referred to J/Granade on 6/2/17) (tot) |
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Filing 33
REPORT AND RECOMMENDATION recommending that this Court find that Plf has not proven, by a preponderance of the evidence, facts supporting the existence of diversity jurisdiction at the time of the filing of the #7 Amended Complaint on 4/22/17, & accordingly, the Court's order & judgment dated 7/5/16 should be vacated & this action should be dismissed for lack of subject-matter jurisdiction. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge P. Bradley Murray on 5/18/2017. (copy mailed to Plf on 5/18/17) (tot)
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| REFERRAL OF #32 Response to Order to Judge Murray. (jal) |
| Filing 32 Response to Court's Order Regarding the Question of Diversity #26 filed by Michael Henry Smith. Referred to Judge Murray. (srd) |
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Filing 31
ENDORSED ORDER granting Plf's #30 Motion to Dismiss Defendant Tucows from the Action. Signed by Senior Judge Callie V. S. Granade on 3/22/2017. (copy mailed to Plf on 3/22/17) (tot)
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Filing 29
Order GRANTING Plf's #28 MOTION for Extension of Time. Plf is to file his response NLT 4/20/2017. Signed by Magistrate Judge P. Bradley Murray on 3/21/2017. (copy mailed to Plf on 3/22/17) (tot)
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| Filing 30 MOTION to Dismiss Defendant Tucows from Action by Michael Henry Smith. (Referred to J/Granade on 3/22/17) (tot) |
| Filing 28 MOTION for Extension of Time to File Response to #26 Order by Michael Henry Smith. (Referred to Judge P. Bradley Murray on 3/21/17). (tot) |
| Filing 27 This action has been transferred from the docket of Magistrate Judge William E. Cassady and is now assigned to the docket of Magistrate Judge P. Bradley Murray. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix CG-MU after the case number on all future pleadings. (jlr) |
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Filing 26
Order, Plf is extended a period of time, up to & including 3/20/2017, to provide the Court with sufficient information so that it can determine whether it has diversity of citizenship as set out. Signed by Magistrate Judge William E. Cassady on 2/17/2017. (copy mailed to Plf on 2/17/17) (tot)
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Filing 25
Order re: #24 Order of USCA. This action is referred to the Magistrate to determine whether diversity jurisdiction exists in accordance with the 11th Circuit Court of Appeal's instructions. Signed by Senior Judge Callie V. S. Granade on 2/10/2017. Referred to Judge Cassady (PSU). (srd)
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Filing 24
ORDER of USCA as to #18 Notice of Appeal filed by Michael Henry Smith, LIMITED REMAND TO DC FOR THE PURPOSE OF DETERMINING WHETHER SMITH IS ABLE TO ESTABLISH THAT DIVERSITY JURISDICTION EXIST., ref. Judge Granade (jal)
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| REFERRAL OF #24 USCA Order to Judge Granade. (jal) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Alabama certifies that the record is complete for purposes of this appeal re: #18 Notice of Appeal, Appeal No. 16-15266-B. The entire record on appeal is available electronically. (Note: No financial arrangements were made with a court reporter for a transcript). (jal) |
| Appeal Remark re #18 Notice of Appeal : USCA Case Number 16-15266-B, a duplicate TOI at doc. has been filed and placed in Civil Daily at 9/22/16. (jal) |
| Filing 23 TRANSCRIPT INFORMATION FORM filed by Michael Henry Smith re: #18 Notice of Appeal. Requesting transcripts for proceedings as follows: Pretrial Conference held 3/21/16 before Judge Cassady (Note: Digital Recording, no court reporter). (jal) |
| Filing 22 NOTICE of Docketing Record on Appeal from USCA re #18 Notice of Appeal filed by Michael Henry Smith. USCA Case Number 16-15266-B (jal) |
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Filing 21
ORDER denying #19 Motion for Leave to Appeal in forma pauperis. Signed by Senior Judge Callie V. S. Granade on 8/3/2016. (Copy mailed to Plaintiff/Appellant). (jal)
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| Filing 20 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: #16 Order Adopting Report and Recommendations, #9 REPORT AND RECOMMENDATIONS re #7 Amended Complaint, filed by Michael Henry Smith, #18 Notice of Appeal, #14 Response, #17 Judgment, Judge Appealed: Judge Granade, Fee Paid: Not Paid, Pending IFP (jal) |
| Filing 19 MOTION for Leave to Appeal in forma pauperis by Michael Henry Smith. Referred to Judge Callie V. S. Granade. (jal) |
| Filing 18 NOTICE OF APPEAL as to #16 Order Adopting Report and Recommendations, #17 Judgment, by Michael Henry Smith. (jal) |
| MOTIONS REFERRED: #19 MOTION for Leave to Appeal in forma pauperis Referred to Judge Callie V. S. Granade. (jal) |
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Filing 17
JUDGMENT, it is ORDERED, ADJUDGED, and DECREED that this action is DISMISSED for failure to state a claim and, in part, as frivolous. Plaintiff's #15 Motion for an Order Directing the Perfected Defendants to Provide the Complete Information for the Non-Perfected Defendants is DENIED. Signed by Senior Judge Callie V. S. Granade on 7/5/2016. (copy to Pltf) (mab)
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Filing 16
ORDER ADOPTING #9 REPORT AND RECOMMENDATION as the opinion of this Court. Signed by Senior Judge Callie V. S. Granade on 7/5/2016. (copy to Pltf) (mab)
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| Filing 15 MOTION for an Order Directing the Perfected Defendants to Provide the Complete Information for the Non-Perfected Defendants filed by Michael Henry Smith; Referred to Senior Judge Callie V. S. Granade. (mab) |
| Filing 14 RESPONSE to #9 REPORT AND RECOMMENDATION filed by Michael Henry Smith; referred to Senior Judge Granade (mab) |
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Filing 13
ORDER, Plf's #12 Motion for Order Directing Perfected Defendants to Provide Complete Information for Non-Perfected Defendants is DENIED as set out. Plf's #11 Motion for Transcript or Recording is DENIED as set out. Plf's #10 Motion to Toll Time to Respond to Report & Recommendation is MOOT as set out. Plf is GRANTED alternative request for extension of time to file objections to the Report & Recommendation. Plf is to file his objections NLT 7/1/16. Signed by Magistrate Judge William E. Cassady on 6/7/2016. (copy mailed to Plf on 6/7/16) (tot)
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| Filing 12 MOTION for Order Directing Perfected Defendants to Provide Complete Information for Non-Perfected Defendants by Michael Henry Smith. (tot) Modified on 6/6/2016 (tot). |
| Filing 11 MOTION for Transcription &/or Recording of Hearing Held on 3/21/16 by Michael Henry Smith. (tot) Modified on 6/6/2016 (tot). |
| Filing 10 MOTION to Toll the Time to Respond to the Report & Recommendation by Michael Henry Smith. (tot) Modified on 6/6/2016 (tot). |
| Filing 9 REPORT AND RECOMMENDATION recommending that the Court dismiss this action, prior to service, for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) (B)(ii) &, in part, as frivolous in accordance w/28 U.S.C. 1915 (e)(2)(B)(i) as set out. Objections to R&R due by 6/13/2016. Signed by Magistrate Judge William E. Cassady on 5/23/2016. (copy mailed to Plf on 5/23/16) (tot) |
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Filing 8
ORDER GRANTING Plf's #2 Motion for Leave to Proceed in forma pauperis as set out. The Clerk is DIRECTED to withhold service until further notification. Signed by Magistrate Judge William E. Cassady on 5/2/2016. (copy mailed to Plf on 5/3/16) (tot)
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| Filing 7 AMENDED COMPLAINT against Ala Kid, Alphabet Inc., Attractsoft GMBH, Automatic/Gravatar, Beam.to, Bessemer Venture Partners, Box/Box, Inc./Open Box/Medxt, Brianna Nathaly, Captain Spaulding, Captain Sprawling, Cindy Lou, Coatue Management, DFJ Growth, Ezinecentre, Facebook, Freehostingeu, General Atlantic, Google, Itochu Technology Ventures, Jimbo King, Long Dong, Long John, Macnica Networks USA, Inc., Mitsui & Co, My Social Hub XP, New Enterprise Associates, Nuke Dukem, Peter Will Harden, SAP Ventures, Scale Venture Partners, Social Capital Partnership, TPG Capital, Telefonica Digital, Telstra, and Telstra Ventures Group, Thereal Mikesmith, Thereal Mikesmith 1ER, Tucows Inc., Jon Jones, Whistle Dick filed by Michael Henry Smith. (Referred to MJ/Cassady on 4/26/16) (tot) |
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Filing 6
Order re: pretrial conference held on 3/21/16. Plf is to file an amended complaint as set out NLT 4/22/2016. Plf's #4 MOTION to Proceed with Discovery is DENIED without prejudice as set out. Signed by Magistrate Judge William E. Cassady on 3/22/2016. (copy mailed to Plf on 3/22/16) (tot)
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| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Initial Pretrial Conference held on 3/21/2016. (Digital Audio Recording) (eec) |
| Filing 4 MOTION to Proceed with for Discovery by Michael Henry Smith. (Attachment: #1 Proposed Discovery Request); Referred to Judge William E. Cassady. (mab) |
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Filing 3
Order re: #1 Complaint filed by Michael Henry Smith, ( Pretrial Conference set for 3/21/2016 10:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.) Plaintiff is ordered to appear at the pretrial conference. Signed by Magistrate Judge William E. Cassady on 3/1/2016. Copy mailed to Plaintiff (eec)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Henry Smith. (Referred to Judge William E. Cassady(PSU) on 2/29/16). (tot) |
| Filing 1 COMPLAINT against All Defendants filed by Michael Henry Smith. (Attachments: #1 List of Defendants Not Protected by Aliases & Their Addresses, #2 Civil Cover Sheet) (Referred to MJ/Cassady(PSU) on 2/29/16) (tot) |
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