Smith v. State of Delaware
| Irvin Berry Smith, III |
| Mayor Tabitha Gott, Councilman Nelson Drew, Jr., Councilwoman Corrine Upshur, Councilman Alvin Pope, Councilman Dean Johnson, Councilman Ken Olson, Donner Brian, Commissioner Gregory Babowal, DAG Angelic Endress, State of Delaware, Sgt. Kevin Howey-Newcomb, Ofc. Jared Boesenberg, Ofc. Joseph Wunch, Ofc Kevin Bottomley, Danny L. Gatto, Kathleen Jennings, Does 1-100, Kent County and Town of Smyrna |
| 1:2025cv01361 |
| November 7, 2025 |
| U.S. District Court for the District of Delaware |
| Sherry R Fallon |
| Gregory B Williams |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 5, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 RESPONSE to Motion re #25 REQUEST for Default as to Gregory Babowal, Jared Boesenberg, Kevin Bottomley, Donner Brian, Maria Castro, Does 1-100, Nelson Drew, Jr, Angelic Endress, Danny L. Gatto, Tabitha Gott, Kevin Howey-Newcomb, Kathleen Jennings, Dean Johnson, Kent County, Ken in Opposition filed by Gregory Babowal, Angelic Endress, Danny L. Gatto, Kathleen Jennings, State of Delaware. (Attachments: #1 Certificate of Service)(Brady, Kelsey) |
| Filing 29 RESPONSE to #25 REQUEST for Default as to Gregory Babowal, Jared Boesenberg, Kevin Bottomley, Donner Brian, Maria Castro, Does 1-100, Nelson Drew, Jr, Angelic Endress, Danny L. Gatto, Tabitha Gott, Kevin Howey-Newcomb, Kathleen Jennings, Dean Johnson, Kent County, Ken filed by Jared Boesenberg, Kevin Bottomley, Donner Brian, Nelson Drew, Jr, Kevin Howey-Newcomb, Dean Johnson, Ken Olson, Alvin Pope, Corrine Upshur, Joseph Wunch. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Reale, Krista) Modified on 4/29/2026 (lih). |
| Filing 28 CERTIFICATE OF SERVICE of #25 Request for Default Judgment. Location of Delivery Smyrna PD, 325 W Glenwood Ave, Smyrna, DE 19977- by Irvin Berry Smith, III (Attachments: #1 Envelope)(jfm) |
| Filing 27 CERTIFICATE OF SERVICE of #25 Request for Default Judgment. Location of Delivery: Town Hall, 27 S Market, St Smyrna, DE 19977 - by Irvin Berry Smith, III (Attachments: #1 Envelope)(jfm) |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #23 in an envelope addressed to Judge Fallon's chambers. (lih) |
| Filing 26 DECLARATION of Irvin Berry Smith, III in support of D.I. #25 REQUEST for Default - filed by Irvin Berry Smith, III. (Attachments: #1 Exhibit A-B, #2 Envelope)(mpb) |
| Filing 25 REQUEST for Default as to Gregory Babowal, Jared Boesenberg, Kevin Bottomley, Donner Brian, Maria Castro, Does 1-100, Nelson Drew, Jr, Angelic Endress, Danny L. Gatto, Tabitha Gott, Kevin Howey-Newcomb, Kathleen Jennings, Dean Johnson, Kent County, Ken Olson, Alvin Pope, State of Delaware, Town of Smyrna, Corrine Upshur, Joseph Wunch - filed by Irvin Berry Smith, III. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope) Motion referred to Sherry R. Fallon.(mpb) |
| Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss #3 Amended Complaint for Insufficiency of Service filed by Jared Boesenberg, Kevin Bottomley, Donner Brian, Nelson Drew, Jr, Kevin Howey-Newcomb, Dean Johnson, Ken Olson, Alvin Pope, Corrine Upshur, Joseph Wunch.Answering Brief/Response due date per Local Rules is 5/11/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Reale, Krista) Modified on 4/27/2026 (lih). |
| Filing 23 MOTION to Dismiss #3 Amended Complaint for Insufficiency of Service - filed by Jared Boesenberg, Kevin Bottomley, Donner Brian, Nelson Drew, Jr, Kevin Howey-Newcomb, Dean Johnson, Ken Olson, Alvin Pope, Corrine Upshur, Joseph Wunch. (Attachments: #5 Text of Proposed Order, #6 Certificate of Service)Motions referred to Sherry R. Fallon.(Reale, Krista) Modified on 4/27/2026 (lih). |
| CORRECTING ENTRY: The memorandum in support, along with the related exhibits previously attached to D.I. #23 , has been deleted because the documents were filed incorrectly. Counsel is advised that memoranda in support must be filed independently using the appropriate event code. (lih) |
| Filing 22 Letter to the Clerk of Court from Ivan Berry Smith, III, dated 4/20/2026, regarding resubmission of duplicate proof of service documents. Duplicates of D.I. #10 , #11 , #12 , #13 , #14 , #15 , #16 , #17 , #18 , #19 and #20 submitted. (Attachments: #1 Proof of Service documents, #2 Envelope) (lah) |
| Filing 21 SUMMONS Returned Executed by Irvin Berry Smith, III. Gregory Babowal served on 4/3/2026, answer due 4/24/2026. (Attachments: #1 Envelope)(slk) |
| Filing 20 SUMMONS Returned Executed by Irvin Berry Smith, III.Corrine Upshur served on 3/9/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 19 SUMMONS Returned Executed by Irvin Berry Smith, III.Donner Brian served on 3/8/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 18 SUMMONS Returned Executed by Irvin Berry Smith, III.Kevin Howey-Newcomb served on 3/8/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 17 SUMMONS Returned Executed by Irvin Berry Smith, III.Jared Boesenberg served on 3/8/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 16 SUMMONS Returned Executed by Irvin Berry Smith, III.Joseph Wunch served on 3/8/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 15 SUMMONS Returned Executed by Irvin Berry Smith, III.Kevin Bottomley served on 3/9/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 14 SUMMONS Returned Executed by Irvin Berry Smith, III.Tabitha Gott served on 3/9/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 13 SUMMONS Returned Executed by Irvin Berry Smith, III.Ken Olson served on 3/9/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 12 SUMMONS Returned Executed by Irvin Berry Smith, III.Nelson Drew, Jr served on 3/9/2026, answer due 3/30/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 11 SUMMONS Returned Executed by Irvin Berry Smith, III.Alvin Pope served on 3/9/2026, answer due 3/30/2026. #1 Cover Letter, #2 Envelope) (oam). |
| Filing 10 SUMMONS Returned Executed by Irvin Berry Smith, III.Dean Johnson served on 3/8/2026, answer due 3/30/2026. #1 Cover Letter, #2 Envelope) (oam). |
| Filing 9 SUMMONS Returned Executed by Irvin Berry Smith, III.Kathleen Jennings served on 4/3/2026, answer due 4/24/2026. (oam) #1 Cover Letter, #2 Envelope) (oam). |
| Filing 8 SUMMONS Returned Executed by Irvin Berry Smith, III.Angelic Endress served on 4/3/2026, answer due 4/24/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
| Filing 7 SUMMONS Returned Executed by Irvin Berry Smith, III.Danny L. Gatto served on 4/3/2026, answer due 4/24/2026. (Attachments: #1 Cover Letter, #2 Envelope)(oam) |
Filing 6
ORAL ORDER: CASE REFERRED to Magistrate Judge Sherry R. Fallon to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. 636(b) and any further Order of the Court. Ordered by Judge Gregory B. Williams on 3/13/2026. (alb)
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| Filing 5 Summons Issued as to Gregory Babowal on 2/17/2026; Jared Boesenberg on 2/17/2026; Kevin Bottomley on 2/17/2026; Donner Brian on 2/17/2026; Nelson Drew, Jr on 2/17/2026; Angelic Endress on 2/17/2026; Danny L. Gatto on 2/17/2026; Tabitha Gott on 2/17/2026; Kevin Howey-Newcomb on 2/17/2026; Dean Johnson on 2/17/2026; Ken Olson on 2/17/2026; Alvin Pope on 2/17/2026; Corrine Upshur on 2/17/2026; Joseph Wunch on 2/17/2026. (Attachments: #1 Summons Issued, Ofc. Jared Boesenberg, #2 Summons Issued, Ofc. Joseph Wunch, #3 Summons Issued, Ofc Kevin Bottomley, #4 Summons Issued, Mayor Tabitha Gott, #5 Summons Issued, Councilman Nelson Drew, Jr., #6 Summons Issued, Councilwoman Corrine Upshur, #7 Summons Issued, Councilman Alvin Pope, #8 Summons Issued, Councilman Dean Johnson, #9 Summons Issued, Councilman Ken Olson, #10 Summons Issued, Donner Brian, #11 Summons Issued, Commissioner Gregory Babowal, #12 Summons Issued, DAG Angelic Endress, #13 Summons Issued, Danny L. Gatto, #14 Summons Issued, Kathleen Jennings)(jfm) |
| Remark: The Main Document at DI #3 AMENDED COMPLAINT has been replaced with a signed copy received by the Clerk's Office 2/11/2026 (cdd) |
| Filing 4 CLERK'S ADMINISTRATIVE ORDER: Within thirty (30) days from the date of this Order, Plaintiff shall file a completed signature page for all deficient documents. Notwithstanding, filings already received will be docketed but no action will be taken by the Court until the deficiency is corrected. Failure to comply may result in Dismissal of the case (see Order for further details). Signed by Clerk of Court on 02/02/2026. (jfm) |
| Filing 3 AMENDED COMPLAINT against Gregory Babowal, Jared Boesenberg, Kevin Bottomley, Donner Brian, Does 1-100, Nelson Drew, Jr, Angelic Endress, Danny L. Gatto, Tabitha Gott, Kevin Howey-Newcomb, Kathleen Jennings, Dean Johnson, Kent County, Ken Olson, Alvin Pope, State of Delaware, Town of Smyrna, Corrine Upshur, Joseph Wunch- filed by Irvin Berry Smith, III. (Attachments: #1 Envelope)(jfm) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (alb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (oam) |
| Filing 1 COMPLAINT filed Pro Se against Gregory Babowal, Boesenberg, Bottomley, Donner Brian, Maria Castro, Nelson Drew, Jr, Angelic Endress, Tabitha Gott, Dean Johnson, Nick Miles, Newcomb, Ken Olson, Alvin Pope, Prosecutor Court of common Pleas TBA, Corrine Upshur, Wunch (Filing fee $ 405, receipt number 4712) - filed by Irvin Berry Smith, III. (Attachments: #1 Exhibit A, #2 Notice of Claim, #3 Affidavit of Facts, #4 Litigation Hold, #5 Acknowledgement of Consent Form, #6 Acknowledgement of Rule 4, #7 Civil Cover Sheet)(oam) |
| Remark: Rule 4 and Blank Summons Provided to Plaintiff (oam) |
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