Bailey v. Fairfield Bay Community Club Inc
| Martin Bailey |
| Fairfield Bay Community Club Inc |
| Fairfield Bay Community Club Inc |
| Martin Bailey |
| 4:2025cv00522 |
| May 29, 2025 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal - 42:1983 Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 15, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 LETTER to the Clerk for the Circuit Court of Van Buren County transmitting a copy of the case file and certified copies of 16 Order to Remand and the docket sheet via certified mail. (ldb) |
Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Given the Court's June 30, 2025 Order and Mr. Bailey's failure to move to amend his Complaint within 14 days from the date of that Order, the Court concludes (and rules) that Mr. Bailey is not bringing any 1983 claims or any other federal claims. This case is therefore remanded to the state court from whence it came. The Clerk is directed to carry out this remand. Should Mr. Bailey, in the future, attempt to formally or informally amend his Complaint to include federal claims, Fairfield Bay Community Club is free to once again remove this case to federal court. Signed by Judge Lee P. Rudofsky on 07/15/2025. (snb)
|
|
Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court has an independent obligation to ensure it has subject matter jurisdiction over a removed case. See City of Kansas City v. Yarco Co., 625 F.3d 1038, 1040 (8th Cir. 2010); 28 U.S.C. 1447(c). If it does not, remand is appropriate. A review of #2 the operative Complaint and #5 the operative Counterclaim shows that (1) the parties are not diverse and (2) there is no federal question alleged. Normally, that would be the end of the matter. Here, however, Fairfield Bay Community Club contends in #1 its Notice of Removal that, in a May 6, 2025 deposition, Mr. Bailey "asserted--for the first time--that he was also bringing claims against [Fairfield Bay Community Club] for alleged violations of the United States Constitution...." Fairfield Bay Community Club understandably presumes that such claims would be made pursuant to 1983. But, despite what Mr. Bailey said in his deposition, his Complaint does not allege 1983 claims (or any other federal claims), and he has not sought to amend his Complaint to add such claims. If Mr. Bailey is attempting to bring 1983 claims (or any other federal claims), he must move to amend his Complaint within 14 days of the date of this Order. Otherwise, the Court will conclude (and rule) that Mr. Bailey is not bringing 1983 claims (or any other federal claims) and remand this case to state court for lack of subject matter jurisdiction. Signed by Judge Lee P. Rudofsky on 06/30/2025. (snb)
|
|
Filing 14
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
|
| Filing 13 Corporate Disclosure Statement (Rule 7.1) by Fairfield Bay Community Club Inc. (ldb) |
| Filing 12 BRIEF IN SUPPORT re #11 Motion to Declare Statute Unconstitutional and Response to Motion to Dismiss, filed by Fairfield Bay Community Club Inc. (ldb) |
| Filing 11 MOTION to Declare Statute Unconstitutional and RESPONSE to #9 Motion to Dismiss by Fairfield Bay Community Club Inc. (ldb) |
| Filing 10 BRIEF IN SUPPORT re #9 Answer and Motion to Dismiss filed by Martin Bailey. (ldb) |
| Filing 9 ANSWER and MOTION to Dismiss #5 Counterclaim by Martin Bailey. (ldb) |
| Filing 8 REPLY in Support of #3 Motion to Dismiss filed by Fairfield Bay Community Club Inc. (ldb) |
| Filing 7 BRIEF IN SUPPORT re #6 Response to Motion filed by Martin Bailey. (ldb) |
| Filing 6 RESPONSE to #3 Motion to Dismiss filed by Martin Bailey. (ldb) |
| Filing 5 COUNTERCLAIM against Martin Bailey, filed by Fairfield Bay Community Club Inc. (ldb) |
| Filing 4 BRIEF IN SUPPORT re #3 Motion to Dismiss filed by Fairfield Bay Community Club Inc. (ldb) |
| Filing 3 MOTION to Dismiss #2 Complaint by Fairfield Bay Community Club Inc. (ldb) |
| Filing 2 COMPLAINT with Jury Demand filed by Martin Bailey against Fairfield Bay Community Club Inc. (ldb) |
| Filing 1 NOTICE OF REMOVAL by Fairfield Bay Community Club Inc from Van Buren County Circuit Court, case number 71CV-24-07. Fee $ 405, receipt number LIT10721. (Attachments: #1 Civil Cover Sheet) (ldb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
