Talley et al v. The State of Delaware et al
| Kenneth R. Talley and Kristina Karen Talley |
| The State of Delaware, Legal Services Corporation of Delaware and Riverdale Park, LLC. |
| 1:2025cv00662 |
| May 29, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 MOTION to Challenge Certificate of Service - filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Envelope)(slk) |
| Filing 49 MOTION for Entry of Default as to Legal Services Corporation of Delaware, Riverdale Park, LLC., The State of Delaware - filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Envelope)(slk) |
| Filing 48 SUR-REPLY BRIEF re #39 MOTION to Dismiss for Failure to State a Claim filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Certificate of Service, #2 Appendix, #3 Envelope)(slk) |
| Filing 47 PROOF OF SERVICE re #44 Motion for Consolidation and Transfer, #45 Notice of Appeal, #46 Notice of Removal - by Kenneth R. Talley, Kristina Karen Talley (scs) |
| Filing 46 Notice of Removal (courtesy copy of State Court filing) - by Kenneth R. Talley, Kristina Karen Talley (scs) |
| Filing 45 Notice of Appeal (courtesy copy of State Court filing) - by Kenneth R. Talley, Kristina Karen Talley (scs) |
| Filing 44 Motion for Consolidation and Transfer (courtesy copy of State Court filing) - filed by Kenneth R. Talley, Kristina Karen Talley. (scs) Modified on 11/14/2025 (dlw). Modified on 11/14/2025 (scs). |
| Filing 43 NOTICE of Change of Address by Kristina Karen Talley (scs) |
| Address updated per: #43 Notice of Change of Address (scs) |
| Filing 42 REPLY BRIEF re #39 MOTION to Dismiss for Failure to State a Claim filed by The State of Delaware. (Attachments: #1 Certificate of Service)(Smith, Bryan) |
| Filing 41 RESPONSE to D.I. #39 MOTION to Dismiss Submitted by Defendant State of Delaware & Motion to Challenge Certificate of Service & Motion for Default Judgment filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Envelope)(slk) |
| CORRECTING ENTRY: D.I. #39 Notice of Service replaced with Certificate of Service & D.I. #40 Exhibit A replaced per counsel request. (slk) |
| CORRECTING ENTRY: D.I. 40 replaced on the docket. The citations now appear in the body of the text per Judge Noreika's Preferences and Procedures and not in footnotes. (dlw) |
| Filing 40 OPENING BRIEF in Support re #39 MOTION to Dismiss for Failure to State a Claim , #10 MOTION to Dismiss for Failure to State a Claim filed by The State of Delaware.Answering Brief/Response due date per Local Rules is 10/20/2025. (Attachments: #1 Exhibit A)(Smith, Bryan) Modified on 10/7/2025 (dlw). (Attachment 1 replaced on 10/7/2025) (slk). (Main Document 40 replaced on 10/7/2025) (dlw). |
| Filing 39 MOTION to Dismiss for Failure to State a Claim - filed by The State of Delaware. (Attachments: #1 Certificate of Service, #2 Order granting Motion to Dismiss)(Smith, Bryan) (Attachment 1 replaced on 10/7/2025) (slk). |
| Filing 38 NOTICE of Appearance by Bryan Patrick Smith on behalf of The State of Delaware (Smith, Bryan) |
| CORRECTING ENTRY: D.I. Numbers previously filed as 38, 39, and 40 on 10/6/2025 have been deleted, per Counsel's request. Documents to be refiled under the correct Defendant. (jfm) |
| Filing 37 Service of Summons with Notarized Affidavits - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley (Attachments: #1 Notarized Affidavits, #2 Non-Issued Summonses)(jfm) |
| Filing 36 MOTION for Removal of Criminal Case in the Court of Common Pleas 2508009381 - filed by Kenneth R. Talley, Kristina Karen Talley. (oam) |
| Filing 35 MOTION for Removal of Criminal Case in the Court of Common Pleas #258014576 - filed by Kenneth R. Talley, Kristina Karen Talley. (oam) |
| Remark: Non-issued summonses received and placed in the case jacket. (scs) |
| Filing 34 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #33 Notice of Appeal to the Third Circuit, filed by Kenneth R. Talley, Kristina Karen Talley. USCA Case Number 25-2789. USCA Case Manager: Tim McIntyre (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (tm, ) |
| Filing 32 USCA Letter to District Court Clerk regarding Forwarding Notice of Appea filed by Kenneth Talley to District Court (Attachments: #1 Letter)(ca3ssp) |
| Filing 33 NOTICE OF APPEAL to the Third Circuit. Appeal filed by Kenneth R. Talley, Kristina Karen Talley. (*TPO mailed to Plaintiffs) (Attachments: #1 Appendix List, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Certificate of Service, #7 Envelope)(scs) |
| Filing 31 MOTION to Amend the complaint - filed by Kenneth R. Talley, Kristina Karen Talley, The State of Delaware. (Attachments: #1 Appendix A-G, #2 Proposed Amended Complaint, #3 Civil Cover Sheet)(oam) |
| Filing 30 MOTION for Extension of Time for Service of Process - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Envelope)(jfm) Modified on 9/3/2025 (jfm). |
| Filing 29 MOTION for Writ of Mandamus - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Appendix A-D, #2 Envelope)(jfm) |
| Filing 28 DUPLICATE COPIES of #27 MOTION for Preliminary Injunction and Temporary Restraining Order, #26 MOTION to Remand, #25 Notice - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Copy of D.I. #26 Motion for Removal, #2 Copy of D.I. #27 Motion for Preliminary Injunction and Temporary Restraining Order, #3 Copy of D.I. #27 - 1 Notice of Motion, #4 Copy of D.I. #27 - 2 Exhibit, #5 Copy of D.I. #27 - COS, #6 Envelope)(scs) |
| Filing 27 MOTION for Preliminary Injunction and Temporary Restraining Order - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Notice of Motion, #2 Exhibit, #3 Certificate of Service)(scs) |
| Filing 26 MOTION for Removal of All Civil Actions Regarding the Plaintiffs and Defendant from State Court to This Court - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (scs) |
| Filing 25 NOTICE of Removal, Notice and Motion for Preliminary Injunction and Temporary Restraining Order- filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley (scs) |
| Filing 24 Notice and MOTION to Intervene - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Certificate of Service)(scs) |
| Filing 23 REPLY to Response in Opposition of Removal Submitted by Defendant Riverdale Park LLC (D.I. #20 ) - filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Proof of Service, #5 Envelope)(cdd) |
| Filing 22 REPLY to Response to Motion re #17 MOTION to Request a New Judge in Federal District Court, #16 MOTION for Joinder MOTION for Leave to Proceed in forma pauperis - filed by Kenneth R. Talley, Kristina Karen Talley, Kurt R. Costello. (Attachments: #1 Envelope)(jfm) Modified on 8/19/2025 (jfm). |
| Filing 21 ANSWERING BRIEF in Opposition re #10 MOTION to Dismiss for Failure to State a Claim filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley.Reply Brief due date per Local Rules is 8/4/2025. (Attachments: #1 Proof of Service, #2 Envelope)(slk) |
| Filing 20 RESPONSE to Motion re #14 MOTION Notice of Removal and Motion for Injunction filed by Riverdale Park, LLC.. (Enterline, Paul) |
| Filing 19 MOTION to Remand Cases Removed from State Court - filed by Riverdale Park, LLC. (Attachments: #1 Exhibit A JP Court Complaint with exhibits, #2 Exhibit B Superior Court Complaint with exhbits, #3 Exhibit C Return of Service of Summons, #4 Text of Proposed Order)(Enterline, Paul) Modified on 7/28/2025 (dlw). |
| Filing 18 RESPONSE to Motion re #16 MOTION for Joinder MOTION for Leave to Proceed in forma pauperis, #17 MOTION to Request a New Judge in Federal District Court filed by Riverdale Park, LLC.. (Attachments: #1 Exhibit Listing Agreement for sale of property, #2 Exhibit Photos of Property, #3 Exhibit Copy of Antiques for Sale, #4 Exhibit Statement of Related Cases)(Enterline, Paul) |
| Filing 17 MOTION to Request a New Judge in Federal District Court and Motion for Reargument for Denial of Informa Pauperis - filed by Kurt R. Costello, Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Exhibit, #2 Envelope)(jfm) Modified on 7/15/2025 (jfm). |
| Filing 16 MOTION for Joinder, MOTION for Leave to Proceed in forma pauperis - filed by Kurt R. Costello. (Attachments: #1 Appendix A-C, #2 Envelope)(jfm) |
| Filing 15 RESPONSE to Motion re #10 MOTION to Dismiss for Failure to State a Claim filed by Riverdale Park, LLC.. (Enterline, Paul) |
| Filing 14 MOTION for Notice of Removal and Motion for Injunction - filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Motion for Injunction, #2 Notice of Removal, #3 Appendix, #4 Page Limitation, #5 Proof of Service, #6 Envelope)(mrr) |
Filing 13
ORDER DENYING #8 MOTION for Leave to Proceed in forma pauperis filed by Kristina Karen Talley, GRANTING #9 MOTION for Leave to Proceed in forma pauperis filed by Kenneth R. Talley - IT IS HEREBY ORDERED that: 1. Plaintiff Kenneth R. Talley's application is GRANTED (D.I. 9). 2. Plaintiff Kristina Karen Talley's application is DENIED based on annual income of $29,904.00 (D.I. 8). 3. Plaintiff Kristina Karen Talley shall pay the $405.00 filing fee within thirty (30) days from the date of this order. Failure to do so may result in her dismissal from this action without prejudice. Signed by Judge Maryellen Noreika on 7/3/2025. ***Copy mailed to Pro Se Plaintiffs 7/3/2025*** (dlw)
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| Filing 12 Reply to #4 Answer, by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Appendix, #2 Proof of Service, #3 Envelope)(slk) |
| Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by Legal Services Corporation of Delaware.Answering Brief/Response due date per Local Rules is 7/8/2025. (Attachments: #1 Exhibit A-Complaint & Appendix, #2 Exhibit B-Notice of Judgment-Order, #3 Certificate of Service)(Moore, Aaron) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim - filed by Legal Services Corporation of Delaware. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Moore, Aaron) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis - filed by Kenneth R. Talley. (oam) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis - filed by Kristina Karen Talley. (oam) |
| Filing 7 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Legal Services Corporation of Delaware. (Attachments: #1 Certificate of Service)(Moore, Aaron) |
| Filing 6 NOTICE of Appearance by Aaron E. Moore on behalf of Legal Services Corporation of Delaware (Attachments: #1 Certificate of Service)(Moore, Aaron) |
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Filing 5
ORDER - IT IS HEREBY ORDERED that Plaintiffs shall, within twenty-one days from the date of this order, either: (1) submit a completed and current long form (AO Form 239) application to proceed in District Court without prepaying fees or costs (in forma pauperis), or (2) pay in full the $405.00 filing fee. Signed by Judge Maryellen Noreika on 6/13/2025. (Attachments: #1 IFP Long Form) ***Copy mailed to both Pro Se Plaintiffs 6/13/2025*** (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 4 ANSWER to Complaint by Riverdale Park, LLC..(Enterline, Paul) |
| Remark: A MAG Consent Form and Pro-Se Privacy Notice have been mailed to the plaintiff. (scs) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 2 COMPLAINT filed Pro Se with Jury Demand against Legal Services Corporation of Delaware, Riverdale Park, LLC., The State of Delaware - filed by Kenneth R. Talley, Kristina Karen Talley. (Attachments: #1 Appendix, #2 Certificate of Service, #3 Civil Cover Sheet)(scs) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis for Kenneth R. Talley and Kristina Karen Talley - filed by Kristina Karen Talley. (scs) |
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