Stinson v. Mark Yates and Wall & Associates, Inc.
| Mark T. Stinson |
| Mark Yates, Wall & Associates, Inc., John P. Yates, Officer Blair, LT. Randle, Officer Rendon, Officer Crawford, Betty Williams and Nathan Burton |
| John T. Fowlkes, Damon Keith Griffin, Nathan Patrick Brooks, Arthur E. Quinn, Patrick E. Stegall, Larry C. Miller, JoeDae L. Jenkins, Rickey E. Wilkins and Archie Sanders |
| 1:2023cv24688 |
| December 12, 2023 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Jacqueline Becerra |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 33 Clerks Notice of Receipt of Appeal Filing Fee received on 2/9/2024 in the amount of $ 605.00, receipt number FLS282356. (vt) |
Filing 32
PAPERLESS ORDER striking #31 the Plaintiff's Motion for Reconsideration. Signed by Judge Roy K. Altman on 2/8/2024. (rco)
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| Filing 31 (STRICKEN PER DE#32) MOTION for Reconsideration 60 (b) re #28 Order,,, by Mark T. Stinson. (cds) Modified Text on 2/9/2024 (cds). |
| Filing 30 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Eastern District of Arkansas as case 2:24-cv-00017, filed 02/05/2024. (bb) |
| Filing 29 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Western District of Tennessee as case 2:24-cv-02077, filed 02/05/2024. (bb) |
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Filing 28
ORDER. Stinson's claims in the Amended Complaint ECF No. #16 against Defendants John P. Yates, Officer Blair, LT. Randle, Officer Rendon, and Officer Crawford are SEVERED and TRANSFERRED to the U.S District Court for the Eastern District of Arkansas. The claims in the Amended Complaint ECF No. #16 against John T. Fowlkes, Damon Keith Griffin, Nathan Patrick Brooks, Arthur E. Quinn, Patrick E. Stegall, Larry C. Miller, JoeDae L. Jenkins, Rickey E. Wilkins, Archie Sanders, Betty Williams, and Nathan Burton are SEVERED and TRANSFERRED to the U.S District Court for the Western District of Tennessee. Any future motions filed in the above-styled action will be STRICKEN without additional consideration. This case shall remain CLOSED. Signed by Judge Roy K. Altman on 2/5/2024. See attached document for full details. (nwn)
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| SYSTEM ENTRY - Case 1:23-cv-24688 electronically transferred out to Tennessee Western. (nwn) |
| SYSTEM ENTRY - Case 1:23-cv-24688 electronically transferred out to Arkansas Eastern. (nwn) |
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Filing 27
ORDER of DISMISSAL from USCA. Motion to voluntarily dismiss appeal filed by Appellant Mark T. Stinson, Sr. is GRANTED by clerk [10126056-2]. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date; Motion to consolidate appeals filed by Appellant Mark T. Stinson, Sr. is DISMISSED as MOOT re #20 Notice of Appeal, filed by Mark T. Stinson. USCA 24-10248-D. (jgo)
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| Filing 26 TRANSCRIPT INFORMATION FORM by Mark T. Stinson re #20 Notice of Appeal. No Transcript Requested. (jgo) |
| Filing 25 Acknowledgment of Receipt of NOA from USCA re #20 Notice of Appeal, filed by Mark T. Stinson. Date received by USCA: 1/22/2024. USCA Case Number: 21-10248-D. (apz) |
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Filing 24
PAPERLESS ORDER DENYING #23 the Plaintiff's Motion for Entry of Default Final Judgment. On January 23, 2024, we stayed this case pending the outcome of the Plaintiff's appeal. See #22 Order Staying Case. In that Order, we explicitly declared that "[a]ll hearings and deadlines are TERMINATED[.]" Ibid. This, of course, included the deadline for the Defendants to respond to #1 the Complaint, which (in any event) had since been superseded by the Plaintiff's filing of #16 the Amended Complaint, see Fed. R. Civ. P. 15(a)(3) ("[A]ny required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later." (emphasis added)). The Plaintiff has also failed to follow the appropriate procedures for seeking a default judgment. See Quire v. Smith, 2021 WL 630894, at *1 (S.D. Fla. Feb. 9, 2021) (Singhal, J.) ("Rule 55 of the Federal Rules of Civil Procedure establishes a two-step process for obtaining a default judgment. First, when a defendant fails to plead or otherwise defend the lawsuit, the Clerk of Court must enter a clerk's default against the defendant. Second, when the requirements for a clerk-entered default judgment cannot be met under Rule 55(b)(1), the plaintiff must apply to the court for a default judgment under Rule 55(b)(2)." (cleaned up)). "The upshot of all this is that the Defendants aren't in default," Dixon v. Epiq Corp. Restructuring, LLC, 2022 WL 2068504, at *4 (S.D. Fla. May 10, 2022) (Altman, J.), so #23 the Plaintiff's Motion must be DENIED. This case shall remain CLOSED. Signed by Judge Roy K. Altman on 1/25/2024. (rco)
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| Filing 23 MOTION for Entry of Default Final Judgment by Mark T. Stinson. (cds) |
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Filing 22
ORDER re STAYING CASE. Closing Case. Signed by Judge Roy K. Altman on 1/22/2024. See attached document for full details. (cds)
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| Filing 21 CLERK'S NOTICE of Mailing Pro Se Instructions to Mark T. Stinson re #20 Notice of Appeal. (jgo) |
| Filing 20 Notice of Appeal re #19 Order on Motion to Reopen Case, Order on Motion to Consolidate Cases, by Mark T. Stinson. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (jgo) |
| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re #20 Notice of Appeal. Notice has been electronically mailed. (jgo) |
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Filing 19
OMNIBUS ORDER; denying #17 Motion to Reopen Case; denying #17 Motion to Consolidate Cases. The Plaintiff's Motion in Opposition to Consolidation ECF No. #15 is DENIED as MOOT. All claims against Defendants Mark Yates and Wall & Associates, Inc., are DISMISSED without prejudice. These Defendants shall remain TERMINATED from this action. The Clerk of Court is directed to REOPEN the above-styled action, Stinson v. Yates, No. 23-cv-24688. Signed by Judge Roy K. Altman on 1/18/2024. See attached document for full details. (nwn)
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| Case Reopened PER DE #19 . (nwn) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE filed by Mark T. Stinson. (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service)(nan) |
| Filing 17 MOTION to Reopen Case, MOTION to Consolidate Cases ( Responses due by 1/30/2024.) by Mark T. Stinson. (nan) |
| Filing 16 AMENDED COMPLAINT for Violation of Civil Rights against Nathan Patrick Brooks, John T. Fowlkes, Damon Keith Griffin, JoeDae L. Jenkins, Larry C. Miller, Arthur E. Quinn, Patrick E. Stegall, Rickey E. Wilkins, Archie Sanders, John P. Yates, Officer Blair, LT. Randle, Officer Rendon, Officer Crawford, Betty Williams, Nathan Burton, filed by Mark T. Stinson.(nan) |
| Wall & Associates, Inc. and Mark Yates terminated., per DE#16 Amended Complaint. Signed by Judge Roy K. Altman on 1/16/2024. See attached document for full details. (nan) |
| Filing 15 MOTION in Opposition of the Consolidation re #14 Order Dismissing/Closing Case, by Mark T. Stinson. (nwn) Modified text on 1/17/2024 (mr1). |
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Filing 14
ORDER: Stinson v. Fowlkes et al., No 23-cv-24751-RKA is hereby CONSOLIDATED into Stinson v. Yates et al., No. 23-cv-24688-RKA. Stinson v. Fowlkes et al., No 23-cv-24751-RKA shall be administratively CLOSED. All future filings shall be made under Stinson v. Yates et al., 23-cv-24688-RKA. By January 25, 2024, the Plaintiff shall file a single, combined complaint, which will govern this case. By February 12, 2024, the Plaintiff shall identify and serve the Defendants. Until then, this case shall proceed on our inactive docket. This case, therefore, shall remain CLOSED. Signed by Judge Roy K. Altman on 1/11/2024. See attached document for full details. (nwn)
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| Filing 13 MOTION for Default Judgment by Mark T. Stinson. (nwn) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Mark Yates served on 12/20/2023, response/answer due 1/10/2024. (nwn) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Wall & Associates, Inc. served on 12/20/2023, response/answer due 1/10/2024. (nwn) |
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Filing 10
PAPERLESS ORDER denying #9 the Plaintiff's Motion for Subject Matter Jurisdiction and Summons Served Verification. This is not a filing we are familiar with, and the Plaintiff is not required to file a motion for a finding of service or a finding of subject matter jurisdiction. But, as we noted in #6 our Multiple Defendants Order, the Plaintiff is required to "file proof of service, as to each Defendant, within seven days of perfecting service on each Defendant." Id. at 1. Signed by Judge Roy K. Altman on 12/21/2023. (rco)
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| Filing 9 MOTION for Subject Matter Jurisdiction and Summons Served Verification by Mark T. Stinson. (nwn) |
| Filing 8 Alias Summons Issued as to Wall & Associates, Inc., Mark Yates. (nwn) |
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Filing 7
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 12/13/2023. See attached document for full details. (nwn)
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Filing 6
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 12/13/2023. See attached document for full details. (nwn)
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| Filing 5 Clerks Notice of Receipt of Filing Fee received on 12/12/2023 in the amount of $ 405.00, receipt number FLS279459. (jes) |
| Filing 4 Summons Issued as to Wall & Associates, Inc., Mark Yates. (jas) |
| Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Mark T. Stinson to receive Notices of Electronic Filing at email address: [email protected] (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 COMPLAINT against Wall & Associates, Inc., Mark Yates. Filing fees $405.00, filed by Mark T. Stinson. (Attachments: #1 Civil Cover Sheet, #2 Exhibits)(jas) |
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