DuBose v. Walsh et al
| Johnnie M. DuBose |
| Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr., Maggie Clausell and New Castle County |
| George L. Miller, Chapter 7 Trustee for the Estates of the Debtors |
| 1:2007cv00045 |
| January 23, 2007 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Leonard P Stark (m) |
| Sue L Robinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2008. A more recent docket listing may be available from PACER.
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Filing 54
ORDER denying #52 Motion for Reconsideration. Signed by Judge Sue L. Robinson on 11/12/2008. (nmf)
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| Filing 53 RESPONSE to Motion re #52 MOTION for Reconsideration /Reargument filed by Robert K. Beste, Jr. (Attachments: #1 Certificate of Service of Response to Plaintiff's Pet. for Review En Banc & Motion for Reconsideration)(Beste, Robert) |
| Filing 52 MOTION for Reconsideration - filed by Johnnie M. DuBose. Motions referred to Leonard P. Stark.(rpg) |
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Filing 51
ORDER ADOPTING REPORT AND RECOMMENDATION #46 AND DISMISSING CASE (copy to pltf.) (CASE CLOSED). Signed by Judge Sue L. Robinson on 10/28/2008. (nmf)
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| Filing 50 RESPONSE TO OBJECTIONS by Robert K. Beste, Jr re #47 Objection to Report and Recommendations as filed by Johnnie M. DuBose, Pro Se. (Attachments: #1 Certificate of Service)(Beste, Robert) |
| Filing 49 RESPONSE TO OBJECTIONS by Maggie Clausell re #47 Objection to Report and Recommendations of Magistrate Stark's filed by Plaintiff Johnnie M. DuBose. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 48 Letter to The Honorable Sue L. Robinson from Robert K. Beste, Jr., Esq. regarding Transmittal letter, to provide the Court with a copy of Plaintiff's "Objection to Magistrate Recommendations Report and Order Regarding Various Motions" - re #47 Objection to Report and Recommendations. (Attachments: #1 Copy of Plaintiff's Objection to Magistrate Recommendations Report and Order Regarding Various Motions)(Beste, Robert) |
| Filing 47 OBJECTION to #46 Report and Recommendations by Johnnie M. DuBose. (rpg) |
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Filing 46
REPORT AND RECOMMENDATION to DISMISS With Prejudice re #1 Complaint (Pro Se) filed by Johnnie M. DuBose, #39 MOTION for Summary Judgment filed by Johnnie M. DuBose to DENY as Moot, #12 MOTION to Dismiss for Insufficiency of Process and Certificate of Service filed by Maggie Clausell to DENY as Moot with Respect to that portion that seeks to Dismiss the re #1 Complaint, #30 MOTION for Reconsideration re #29 Order on Motion for Default Judgment filed by Johnnie M. DuBose to DENY as Moot, #9 MOTION to Dismiss for Failure to State a Claim filed by Robert K. Beste, Jr., to DENY as Moot, #14 MOTION for Joinder filed by Michael Walsh to DENY as Moot with Respect to that portion that seeks to Dismiss the re #1 Complaint, re #18 MOTION to Dismiss for Failure to State a Claim filed by Michael Walsh to DENY as Moot. IT IS ORDERED THAT re #17 MOTION Motion to Supplement Defendants Michael Walsh and New Castle County's Motion to Dismiss filed by Michael Walsh is DENIED as Moot, re #12 MOTION to Dismiss for Insufficiency of Process and Certificate of Service - filed by Maggie Clausell is DENIED as Moot with Respect to that portion that seeks to join in and adopt Beste's Motion to Dismiss and Accompanying Brief, AND THAT re #14 MOTION for Joinder - filed by Michael Walsh is hereby DENIED as Moot with Respect to that portion that seeks to join in and adopt Beste's and Clausell's Motions to Dismiss and Accompanying Briefs. Objections to R&R due by 10/17/2008. Signed by Judge Leonard P. Stark on 9/29/2008. (rpg)
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| CORRECTING ENTRY: PDF initially docketed as d.i. 46 has been removed insofar as it was entered into the wrong case. (rpg) |
| Filing 45 REPLY BRIEF re #39 MOTION for Summary Judgment, #12 MOTION to Dismiss for Insufficiency of Process and Certificate of Service, #9 MOTION to Dismiss for Failure to State a Claim and Answering Brief of Plaintiff in Support of his Opposition to Defendant's Motion to Dismiss filed by Maggie Clausell. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 44 REPLY BRIEF re #30 MOTION for Reconsideration re #29 Order on Motion for Default Judgment filed by Johnnie M. DuBose. (nfn) |
| Filing 43 MEMORANDUM in Support re #1 Complaint (Pro Se), Complaint (Pro Se), #10 Opening Brief in Support, #9 MOTION to Dismiss for Failure to State a Claim, #37 Answering Brief in Opposition, Reply Memorandum of Robert K. Beste, Jr., Esq. in Support of Motion to Dismiss, filed by Robert K. Beste, Jr.Answering Brief/Response due date per Local Rules is 4/10/2008. (Attachments: #1 Exhibit Ex. A to Reply Memorandum of Robert K. Beste, Jr., Esq. in Support of Motion to Dismiss, #2 Exhibit Ex. B to Reply Memorandum of Robert K. Beste, Jr., Esq. in Support of Motion to Dismiss, #3 Certificate of Service of Reply Memorandum of Robert K. Beste, Jr., Esq. in Support of Motion to Dismiss)(Beste, Robert) |
| Filing 42 RESPONSE to Motion re #39 MOTION for Summary Judgment, #9 MOTION to Dismiss for Failure to State a Claim "Response of Defendant Robert K. Beste, Jr., to Motion for Reconsideration: Motion for Default Judgment of Plaintiff, Johnnie M. DuBose" filed by Robert K. Beste, Jr. (Attachments: #1 Certificate of Service)(Beste, Robert) |
| Filing 41 Letter RESPONSE to Motion re #30 MOTION for Reconsideration re #29 Order on Motion for Default Judgment filed by New Castle County. (Attachments: #1 Certificate of Service)(Hay, Laura) |
| Filing 40 RESPONSE to Motion re #30 MOTION for Reconsideration re #29 Order on Motion for Default Judgment of Plaintiff Johnnie M. DuBose filed by Maggie Clausell. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 39 Cross MOTION for Summary Judgment - filed by Johnnie M. DuBose. Motions referred to Leonard P. Stark.(nfn) |
| Filing 38 NOTICE of Bankruptcy and Automatic Stay of 11 U.S.C. Section 362 by George L. Miller, Chapter 7 Trustee for the Estates of the Debtors (Attachments: #1 Certification of Service)(Carroll, John) |
| Filing 37 ANSWERING BRIEF of Plaintiff in Support of his Opposition to Defendant's Motion to Dismiss. Motion to Supplement Motion to Dismiss, Motion to Joinder in the Alternative Plaintiff's Cross Motion for Summary Judgment - filed by Johnnie M. DuBose. (nfn) |
| Filing 36 Letter to The Honorable Leonard P. Stark, Magistrate Judge from Robert K. Beste, Jr., Esq. regarding Is responsive to Judge Stark's Order dated 2/26/08, which includes a briefing schedule on Plaintiff's Mot. for Reconsid. Robert K. Beste advises that he believes American Business is/was in bankruptcy, in District Ct., DE. - re #35 Order. (Beste, Robert) |
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Filing 35
ORDER: answering briefs in response to all pending motions are due 3/18/08; reply briefs due 3/26/08. Signed by Judge Leonard P. Stark on 2/26/08. (ntl)
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Filing 34
ORDER Regarding Reference Pursuant to 28 U.S.C. 636 REFERRING CASE to Magistrate Judge Leonard P. Stark. Judge Stark shall conduct all proceedings, and hear and determine all motions, through and including the pretrial conference. Signed by Judge Sue L. Robinson on 2/11/2008. (nfn)
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| Case reassigned from the Vacant Judgeship to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rwc) |
| Filing 33 Letter to Leonard P. Stark, Magistrate Judge from Robert K. Beste, Jr., Esq. regarding Request by Robert K. Beste, Jr. (and counsel for Ms. Clausell, and for Michael Walsh and NCC), that the proposed Sched. Order be delayed, until the outstanding Motions to Dismiss are resolved. - re #31 Letter. (Beste, Robert) |
| Filing 32 Letter to Judge Stark from Johnnie DuBose regarding motion for default. (ntl) |
| Filing 31 Letter to plaintiff and counsel from Judge Stark regarding proposed scheduling order. (Attachment: (1) proposed scheduling order)(ntl) |
| Filing 30 MOTION for Reconsideration - re #29 Order on Motion for Default Judgment - filed by Johnnie M. DuBose Motions referred to Mary Pat Thynge.(rwc) |
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Filing 29
ORDER denying #19 Motion for Default Judgment. Signed by Judge Mary Pat Thynge on 10/25/07. (ntl)
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| Filing 28 STENO NOTES of teleconference held on 10/24/07 before Judge Thynge. Court Reporter: B. Gaffigan. (Notes on file in Clerk's Office) (ntl) |
| Minute Entry for proceedings held before Judge Mary Pat Thynge : Telephone Conference held on 10/24/2007. (Court Reporter B. Gaffigan.) (ntl) |
| Filing 27 Letter to counsel from Johnnie DuBose regarding scheduling conference. (ntl) |
| Filing 26 PROPOSED ORDER Scheduling Order by Michael Walsh, Robert K. Beste, Jr, Maggie Clausell. (Hay, Laura) |
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Filing 25
Order Setting Teleconference: A Rule 16 Scheduling Telephone Conference has been set for 10/24/2007 at 3:30 PM before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 10/9/2007. (cak)
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| Filing 24 Letter to Judge Thynge from Johnnie DuBose dated 10/1/07 regarding request for Settlement Conference. (rwc) |
| Filing 23 NOTICE OF SUBSTITUTION OF COUNSEL re Michael Walsh: Entry of appearance of attorney Megan Sanfrancesco. Attorney Michele D. Allen terminated. (Sanfrancesco, Megan) |
| Filing 22 RESPONSE to Motion re #19 MOTION for Default Judgment as to Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr, Maggie Clausell filed by Maggie Clausell. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 21 First ANSWERING BRIEF in Opposition re #19 MOTION for Default Judgment as to Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr, Maggie Clausell filed by Michael Walsh.Reply Brief due date per Local Rules is 3/30/2007. (Allen, Michele) |
| Filing 20 RESPONSE to Motion re #19 MOTION for Default Judgment as to Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr, Maggie Clausell filed by Robert K. Beste, Jr. (Attachments: #1 Certif of Service of Robert K. Beste, Jr.'s Response to Motion)(Beste, Robert) |
| Filing 19 MOTION for Default Judgment as to Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr, Maggie Clausell - filed by Johnnie M. DuBose. Motions referred to Mary Pat Thynge.(rwc) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim - filed by Michael Walsh. Motions referred to Mary Pat Thynge.(Allen, Michele) |
| Filing 17 MOTION Motion to Supplement Defendants Michael Walsh and New Castle County's Motion to Dismiss - filed by Michael Walsh. Motions referred to Mary Pat Thynge.(Allen, Michele) |
| Filing 16 NOTICE of Appearance by Michele Allen on behalf of Michael Walsh (Allen, Michele) |
| Filing 15 OPENING BRIEF in Support filed by Michael Walsh.Answering Brief/Response due date per Local Rules is 3/22/2007. (Attachments: #1 Exhibit Exhibit 1 to brief#2 Certificate of Compliance certificate of service of brief)(Gouge, Donald) |
| Filing 14 MOTION for Joinder - filed by Michael Walsh. (Attachments: #1 Certificate of Compliance Certificate of service of joinder motion)Motions referred to Mary Pat Thynge.(Gouge, Donald) |
| Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Insufficiency of Process and Certificate of Service filed by Maggie Clausell.Answering Brief/Response due date per Local Rules is 3/8/2007. (Cottrell, Paul) |
| Filing 12 MOTION to Dismiss for Insufficiency of Process and Certificate of Service - filed by Maggie Clausell. Motions referred to Mary Pat Thynge.(Cottrell, Paul) |
| Filing 11 NOTICE of Appearance by Donald L. Gouge, Jr on behalf of Michael Walsh (Attachments: #1 Certificate of Compliance certificate of service of entry of appearance)(Gouge, Donald) Additional attachment(s) added on 2/14/2007 (rwc, ). |
| CORRECTING ENTRY: Attached PDF document to DI# 11. (rwc) |
| Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by Robert K. Beste, Jr.Answering Brief/Response due date per Local Rules is 3/5/2007. (Attachments: #1 Certif of Service -Opening Brief of Robert K. Beste, Jr., Esq.)(Beste, Robert) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim - filed by Robert K. Beste, Jr. (Attachments: #1 Cert of Service of Def. Robert K. Beste, Jr.'s Mot. to Dismiss)Motions referred to Mary Pat Thynge.(Beste, Robert) |
| Filing 8 NOTICE of Appearance by Paul Cottrell on behalf of Maggie Clausell (Cottrell, Paul) |
| Filing 7 SUMMONS Returned Executed Robert K. Beste, Jr served on 1/24/2007, answer due 2/13/2007. (rwc) |
| Filing 6 SUMMONS Returned Executed Maggie Clausell served on 2/6/2007, answer due 2/26/2007. (rwc) |
| Filing 5 SUMMONS Returned Executed American Business Credit Inc. served on 1/24/2007, answer due 2/13/2007. (rwc) |
| Filing 4 SUMMONS Returned Executed Michael Walsh served on 1/24/2007, answer due 2/13/2007. (rwc) |
| Filing 3 [1:07-cv-45-***]: Please note that, in accordance with the attached standing order, this case has been designated as one to be assigned to the judge who fills the vacancy left by the elevation of Judge Kent A. Jordan to the United States Court of Appeals for the Third Circuit. Pending assignment, the case has been referred to Magistrate Judge Mary Pat Thynge for all pretrial proceedings, pursuant to 28 U.S.C. section 636(b). Please include ***, in place of the Judge's initials, after the case number on all documents filed. (rjb) |
| Filing 2 Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (ead) |
| Filing 1 COMPLAINT filed Pro Se with Jury Demand against Michael Walsh, American Business Credit Inc., Robert K. Beste, Jr, Maggie Clausell ( Filing fee $ 350, receipt number 146148.) - filed by Johnnie M. DuBose. (Attachments: #1 Civil Cover Sheet #2 Acknowledgement of Rule 4 #3 Acknowledgement of Consent Form)(ead) |
| Summons Issued as to Michael Walsh on 1/23/2007; American Business Credit Inc. on 1/23/2007; Robert K. Beste, Jr on 1/23/2007; Maggie Clausell on 1/23/2007. (ead) |
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