Armstrong v. Swope et al
| Benjamin Armstrong |
| Tyler Swope and James Kellogg |
| 1:2020cv03216 |
| August 3, 2020 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.
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Filing 22
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
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| Filing 21 REPLY BRIEF re #14 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or, in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404(a) MOTION to Transfer Case filed by Tyler Swope. (Attachments: #1 Affidavit Declaration of Tyler Swope, #2 Exhibit Swope Exhibit - YouTube Monetization, #3 Exhibit Swope Exhibit - YouTube RPM, #4 Exhibit Swope Exhibit - Armstrong YouTube)(Hyland, Amanda) |
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Filing 20
ORDER granting #19 Motion for Extension of Time. Having considered Plaintiff's Consent Motion to Extend Time to Respond to Defendant Kellogg's Motion to Dismiss Complaint or, in the Alternative, to Transfer #19 , the Court hereby ORDERS that Plaintiff shall have until October 16, 2020 to file its response. Signed by Judge Leigh Martin May on 9/24/2020. (tmf)
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| Filing 19 Consent MOTION for Extension of Time to Respond to Defendant Kellogg's Motion to Dismiss Complaint or, In The Alternative, To Transfer re: #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, or in the Alternative TO TRANSFERMOTION to Dismiss MOTION to Transfer Case by Benjamin Armstrong. (Attachments: #1 Text of Proposed Order)(Karinshak, Zahra) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, or in the Alternative TO TRANSFER with Brief In Support by James Kellogg. (Attachments: #1 Brief Memorandum in Support, #2 Exhibit Wayback Screenshots, #3 Affidavit Wayback Machine Affadavit, #4 Affidavit Hyland Declaration, #5 Text of Proposed Order)(Hyland, Amanda) . Added MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION to Transfer Case on 9/22/2020 (tmf). |
| Filing 17 RESPONSE re #14 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or, in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404(a) MOTION to Transfer Case Plaintiff's Brief in Response to Defendant Swope's Motion to Dismiss or Transfer Venue filed by Benjamin Armstrong. (Attachments: #1 Declaration of Benjamin Armstrong)(Karinshak, Zahra) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE Executed filed by James Kellogg. James Kellogg served on 9/9/2020. (Hyland, Amanda) |
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Filing 15
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI)
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| Filing 14 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or, in the Alternative, MOTION to Transfer Pursuant to 28 U.S.C. 1404(a) with Brief In Support by Tyler Swope. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Affidavit - Declaration of Tyler Swope, #4 Exhibit A to Swope Declaration, #5 Affidavit - Declaration of James Kellogg)(Hyland, Amanda) . Added MOTION to Transfer Case on 9/1/2020 (rjs). |
| Filing 13 Return of Service Executed by Benjamin Armstrong. Tyler Swope served on 8/9/2020, answer due 8/31/2020. (Karinshak, Zahra) |
| Submission of #7 Order,, Set Submission Deadline,, to District Judge Leigh Martin May. (tmf) |
| Refund in the amount of $150.00 has been processed, effective 8/31/2020 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerks Approval re #10 Application for Refund of Fees paid online. (mec) |
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ORAL ORDER granting #9 Application for Admission Pro Hac Vice for Dennis Justin Kelly. Ruled on by Judge Leigh Martin May on 8/24/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rlb)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Dennis Justin Kelly Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10053258).. Attorney Dennis J. Kelly added appearing on behalf of Benjamin Armstrong (cdg) |
| Filing 12 Certificate of Interested Persons by Benjamin Armstrong. (Karinshak, Zahra) |
| Filing 11 NOTICE by Benjamin Armstrong re #7 Order,, Set Submission Deadline, Notice of Parties' Citizenship (Karinshak, Zahra) |
| Filing 10 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-10050930. (Karinshak, Zahra) |
| Filing 9 APPLICATION for Admission of Dennis Justin Kelly Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10053258).by Benjamin Armstrong. (Karinshak, Zahra) Documents for this entry are not available for viewing outside the courthouse. |
| Clerks Notation re #12 Certificate of Interested Persons read and approved by LMM. (rlb) |
| Filing 8 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Dennis J. Kelly. Clerk to follow-up by 8/31/2020. (cdg) |
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Filing 7
ORDER: Plaintiff is ORDERED to properly state the parties citizenships by August 28, 2020. Failure to do so may result in dismissal of this action. If Plaintiff does not have Defendants' information in his possession, custody, or control, then Defendants are ORDERED to provide Plaintiff with the relevant information once served if asked. The Clerk is DIRECTED to resubmit the matter to the undersigned on August 29, 2020. Signed by Judge Leigh Martin May on 08/14/20. (aaq)
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Filing 6
STANDING ORDER REGARDING CIVIL LITIGATION signed by Judge Leigh Martin May on 08/07/20. (aaq)
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| Filing 5 Electronic Summons Issued as to James Kellogg, Tyler Swope. (Attachments: #1 Summons Swope)(tmf) |
| Filing 4 NOTICE Of Filing Residence Correction by Benjamin Armstrong re #1 Complaint, (Karinshak, Zahra) |
| Filing 3 PROPOSED SUMMONS filed by Benjamin Armstrong (Attachments: #1 Summons)(Karinshak, Zahra) |
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Filing 2
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 8/3/20. (eop)
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| Filing 1 COMPLAINT with Jury Demand filed by Benjamin Armstrong. (Filing fee $400.00, receipt number AGANDC-9979868) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 8/4/2020: #2 Proposed Incorrect Summon(s)- 2) (eop). |
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