Bolinder v. John
| Megan Marie Bolinder |
| J David John |
| 5:2024cv05174 |
| August 12, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| TEXT ONLY NOTICE TO USCA of subsequent case activity Related entry(s): #19 MOTION to Withdraw #14 Notice of Appeal filed by J David John, 20 Order granting to Withdraw NOA Filing, #18 NOA Supplement Form. (lgd) |
| Filing 20 TEXT ONLY ORDER granting #19 Motion to Withdraw Notice of Appeal. Signed by Honorable Timothy L. Brooks on September 6, 2024. (ee) |
| Filing 19 MOTION to Withdraw #14 Notice of Appeal by J David John. (lgd) |
| Filing 18 NOA SUPPLEMENT FORM re #14 Notice of Appeal filed by J David John. (lgd) |
| Filing 17 TEXT ONLY ORDER denying #16 Motion to Stay Remand. This is a domestic relations case involving active disputes over child custody, visitation, and child support. The removing party did so because he was dissatisfied with the presiding state court judge's rulings. The Court's remand order is not likely reviewable on appeal because the basis for remand is a lack of federal subject-matter jurisdiction. See 28 U.S.C. 1447(d). However, if it were permissible for this Court to stay its remand order pending appeal, the following four factors would guide the decision: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Brady v. Nat'l Football League, 640 F.3d 785, 789 (8th Cir. 2011) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). Here, Defendant John has not made a showing that he is likely to succeed on the merits of his appeal, which is the most important factor. Moreover, delaying remand prevents the domestic relations court from deciding important and time-sensitive issues regarding the best interests of a child. It is improper to use the U.S. District Court as a forum to appeal family court decisions with which the Defendant disagrees. Signed by Honorable Timothy L. Brooks on September 3, 2024. (ee) |
| Filing 16 MOTION to Stay #12 Order Adopting Report and Recommendations, Remanding case to Benton County Circuit Court by J David John. (lgd) |
| Filing 15 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #14 Notice of Appeal. You MUST pay the filing fee of $ 605.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office. Filing Fee due by 9/5/2024 (lgd) |
| Filing 14 NOTICE OF APPEAL as to #12 Order Adopting Report and Recommendations, Remanding case to Benton County Circuit Court by J David John. ( cc via CM/ECF: Kristin L. Pawlik, via U.S. Postal Service: J. David John ) (lgd) |
| Filing 13 Letter from USDC mailed to Benton County Circuit Court along with certified copies of docket sheet and #12 Order remanding case. (lgd) |
Filing 12
ORDER Overruling all objections; ADOPTING IN ITS ENTIRETY #9 Report and Recommendation. The Clerk of Court is DIRECTED to immediately REMAND this Case to the Circuit Court of Benton County, Arkansas. Signed by Honorable Timothy L. Brooks on August 30, 2024. (lgd)
|
| Filing 11 SUPPLEMENTAL OBJECTIONS to #9 Report and Recommendations by J David John. (bjb) |
| Filing 10 OBJECTION to #9 Report and Recommendations by J David John. (ria) |
| Filing 9 REPORT AND RECOMMENDATIONS re #2 Notice of Removal filed by J David John. Objections to R&R due by 9/9/2024. Signed by Honorable Christy D. Comstock on August 22, 2024. (lgd) |
| Filing 8 MOTION Change Venue by J David John. Motions referred to Christy D. Comstock.(ria) |
| Filing 7 TEXT ONLY ORDER referring the case for all pretrial purposes to the Honorable Christy Comstock. Signed by Honorable Timothy L. Brooks on August 19, 2024. (ee) |
| Filing 6 ANSWER to #3 State Court Amended Petition for contempt and for modification of visitation and request for emergency relief by J David John.(lgd) |
| CASE REFERRED to Honorable Christy D. Comstock. (lgd) |
| Notice of Removal fee received: $ 405, receipt number 5008074. (lgd) |
| Filing 5 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 4 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $ 405.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 8/14/2024 (lgd) |
| Filing 3 STATE COURT AMENDED PETITION FOR CONTEMPT AND FOR MODIFICATION OF VISITATION AND REQUEST FOR EMERGENCY RELIEF against J David John, filed by Megan Marie Bolinder. (Attachments: #1 Exhibit State Court documents)(lgd) |
| Filing 2 NOTICE OF REMOVAL from Benton County Circuit Court, case number 04DR-10-1327., filed by J David John. (Attachments: #1 State Court Documents)(lgd) |
| Filing 1 CIVIL COVER SHEET by J David John. (lgd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western 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
| Search for this case: Bolinder v. John | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Megan Marie Bolinder | |
| Represented By: | Kristin L. Pawlik |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: J David John | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
