Martin v. Washington Post Company et al Featured Case

Plaintiff: Andy Martin
Defendant: Washington Post Company, Daniel Morse, Scott Shirley, Google Inc, John Gilchrist, Jim Brosemer, Montgomery County Maryland, John J McCarthy, John .. Doe, William G Simmons, Eugene Wolfe and Cheryl McCally
Case Number: 3:2009cv03295
Filed: November 10, 2009
Court: Illinois Central District Court
Office: Springfield Office
County: Cook
Referring Judge: Charles H. Evans
Presiding Judge: Jeanne E. Scott
Nature of Suit: None
Cause of Action: 28:1441 Notice of Removal- Civil Rights Act
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
August 5, 2010 Featured Case TEXT ORDER: Plaintiff's Motion Pursuant to Rule 59 to Vacate "Judgment" and Motion to Recuse District Judge Because of Irreparable Bias Against Plaintiff (d/e 18) (Motion) is DENIED. The Court sees no evidence of bias. Martin asks the Court to vacate the Judgment because the removal of the case to this Court was not proper. Martin claims that not all Defendants consented to the removal. Motions to remand for such defects, however, must be filed within 30 days of the filing of the notice of removal. 28 U.S.C. § 1447(c). The failure to object to removal in a timely matter constitutes a waiver of the issue. Johnson v. Burken, 930 F.2d 1202, 1206 (7th Cir. 1991). Here, the Notice of Removal was filed on November 10, 2009. Notice of Removal (d/e 1). Martin raised the issue for the first time in this Motion. The issue is waived. The Motion is DENIED. Entered by Chief Judge Michael P. McCuskey on 8/5/2010. (CC, ilcd)
July 29, 2010 Featured Case TEXT ORDER entered by Chief Judge Michael P. McCuskey on 7/29/2010. This case is reassigned to Chief Judge Michael P. McCuskey for further proceedings as the Chief Judge deems appropriate in the proper administration of justice. The case will remain a Springfield Division case, and the referral Magistrate Judge shall remain the same. (MC, ilcd)
May 26, 2010 19 Featured Case RESPONSE to Motion re 18 MOTION to Vacate 17 Judgment MOTION for Recusal of Judge Scott filed by Defendant Daniel Morse. (Craven, Donald)
May 17, 2010 18 Featured Case MOTION pursuant to Rule 59 to VACATE "judgement" and MOTION to RECUSE District Judge Scott because of Irreparable bias against plaintiff, Andy Martin. Responses due by 6/4/2010 (VM, ilcd)
May 7, 2010 17 Featured Case JUDGMENT entered dismissing case without prejudice for failure to prosecute (CC, ilcd)
May 7, 2010 Featured Case TEXT ORDER: This Court directed the Plaintiff to show good cause by April 23, 2010, why the Plaintiff's claims against the remaining Defendants should not be dismissed without prejudice for failure to serve the remaining Defendants. Text Orders entered March 29, 2010, and March 31, 2010. The Plaintiff has not done so. Therefore, all claims against the remaining Defendants Washington Post Company, Google, Inc., Jim Brosemer, John J. McCarthy, William G. Simmons, Eugene Wolfe, Cheryl McCally, and John Doe, Agent of Mark Kirk and/or Barack Hussein Obama, are dismissed without prejudice for failure to prosecute. All pending motions are denied as moot. This case is closed. Entered by Judge Jeanne E. Scott on 5/7/2010. (CC, ilcd)
March 31, 2010 Featured Case TEXT ORDER: More than 120 days have passed since the removal of this action to this Court, and Plaintiff has not filed proof of service of the Complaint on Defendant Washington Post, in addition to the Defendants listed in the Text Order entered March 29, 2010. Pursuant to Federal Rule of Civil Procedure 4(m), notice is hereby given that the claims against Defendant Washington Post, in addition to the Defendants listed in the Text Order entered March 29, 2010, shall be dismissed without prejudice unless the Plaintiff shows good cause for failure to serve by April 23, 2010. Entered by Judge Jeanne E. Scott on 3/31/2010. (CC, ilcd)
March 29, 2010 Featured Case TEXT ORDER: More than 120 days have passed since the removal of this action to this Court, and Plaintiff has not filed proof of service of the Complaint on the following Defendants: Google, Inc.; Jim Brosemer; John J. McCarthy; William G. Simmons; Eugene Wolfe; Cheryl McCally; and John Doe, Agent of Mark Kirk and/or Barack Hussein Obama. Pursuant to Federal Rule of Civil Procedure 4(m), notice is hereby given that the claims against these Defendants will be dismissed without prejudice unless the Plaintiff shows good cause for the failure to serve by April 23, 2010. Entered by Judge Jeanne E. Scott on 3/29/2010. (CC, ilcd)
February 19, 2010 16 Featured Case OPINION. Plaintiff Andy Martin's Motion to Vacate Order of Dismissal and to Extend Time for Responses (d/e 15) is DENIED. Plaintiff's Motion to Clarify Notice in This Lawsuit (d/e 14) is ALLOWED in part and DENIED in part. The Clerk is directed to change Martin's mailing address for notices, orders, and other correspondence regarding this case to: Andy Martin, P.O. Box 1851, New York, New York 10150-1851. The Motion to Clarify is otherwise denied. Entered by Judge Jeanne E. Scott on 2/19/2010. (CC, ilcd)
February 17, 2010 15 Featured Case MOTION to Vacate Order of Dismissal and to Extend Time for Responses by Plaintiff Andy Martin. Responses due by 3/8/2010 (CC, ilcd)
February 17, 2010 14 Featured Case MOTION to Clarify Notice in this Lawsuit by Plaintiff Andy Martin. Responses due by 3/8/2010 (CC, ilcd)
February 10, 2010 Featured Case Remark: Copy of 2/10/10 Text Order mailed to Pro Se Plaintiff and Pro Se Defendants (CC, ilcd)
February 10, 2010 Featured Case TEXT ORDER: The following Motions are ALLOWED: Combined Motion and Supporting Memorandum of Defendant Daniel Morse to Dismiss this Action for Plaintiff's Violation of Injunction Order Requiring Plaintiff to Disclose His Pro Se Litigation History (d/e 3); Defendant Daniel Morse's Rule 12 Motion to Dismiss or, in the Alternative, Motion to Transfer Under 28 U.S.C. § 1404 and to Defer Briefing on this Motion (d/e 4); Motion to Quash Service of Summons and to Dismiss Complaint for Lack of Personal Jurisdiction (d/e 7); Combined Motion and Supporting Memorandum of Defendant Montgomery County to Dismiss this Action for Plaintiff's Violation of Injunction Order Requiring Plaintiff to Disclose His Pro Se Litigation History (d/e 9); Defendant Montgomery County's Rule 12 Motion to Dismiss or, In the Alternative, Motion to Transfer Under 28 U.S.C. § 1404 and to Defer Briefing on this Motion (d/e 10); Defendant Scott Shirley's Motion to Dismiss for Lack of Personal Jurisdiction (d/e 12); and Defendant John Gilchrist's Motion to Dismiss for Lack of Personal Jurisdiction (d/e 13). This Court ordered Plaintiff to respond to these Motions; however, he has not done so, and so, he is deemed to have no opposition to the Motions. Text Order entered January 8, 2010; Text Order entered January 21, 2010; Local Rule 7.1(B)(2). All claims against Defendants Daniel Morse and Montgomery County, Maryland, are dismissed with prejudice. All claims against Defendants Scott Shirley and John Gilchrist are dismissed for lack of personal jurisdiction. Defendants Morse, Montgomery County, Maryland, Shirley, and Gilchrist are dismissed from this action. The Motion of Defendant Daniel Morse for Order Granting Leave to David P. Sanders and Wade R. Thomson to Appear Pro Hac Vice (d/e 5) is denied as moot. Entered by Judge Jeanne E. Scott on 2/10/2010. (CC, ilcd)
January 21, 2010 Featured Case Remark: Copy of Motion (d/e 13) mailed to Plaintiff per 1/21/10 Text Order (CC, ilcd)
January 21, 2010 Featured Case TEXT ORDER: The Clerk received a pro se filing by Defendant John Gilchrist docketed as an answer (d/e 11). The Court has reviewed this filing and determines that the filing is a Motion to Dismiss for Lack of Personal Jurisdiction (Motion). The Clerk erroneously docketed the Motion as an answer. The erroneous docketing of the Motion as an answer (d/e 11) is stricken. The Clerk is directed to docket the Motion correctly and to send a copy of the Motion to the Plaintiff along with this Text Order. The Plaintiff is given until February 8, 2010, to respond to this Motion. Entered by Judge Jeanne E. Scott on 1/21/2010. (CC, ilcd)
January 8, 2010 Featured Case TEXT ORDER: The Defendants have filed numerous motions seeking dismissal, transfer of venue and other relief (d/e 3, 4, 5, 7, 9, 10, 12). Plaintiff was required to file responses within 14 days. Local Rule 7.1(B)(2). Plaintiff has not done so. Plaintiff is directed to file responses to the pending motions by January 18, 2010, or the Court will deem that he does not oppose the motions and will rule on the motions with no further notice to the parties. Entered by Judge Jeanne E. Scott on 1/8/2010. (CC, ilcd)
December 22, 2009 Featured Case Case Reassigned to Magistrate Judge Charles H. Evans. Magistrate Judge Byron G. Cudmore no longer assigned to the case. (CC, ilcd)
December 21, 2009 13 Featured Case MOTION to Dismiss for Lack of Personal Jurisdiction by Defendant John Gilchrist. Responses due by 2/8/2010 (CC, ilcd)
December 21, 2009 12 Featured Case MOTION to Dismiss for Lack of Personal Jurisdiction by Defendant Scott Shirley. Responses due by 1/7/2010 (Attachments: # 1 Exhibits)(CC, ilcd)
December 21, 2009 11 Featured Case DOCUMENT STRICKEN PER 1/21/10 TEXT ORDER. ANSWER to Complaint (Notice of Removal) by Defendant John Gilchrist(CC, ilcd) Modified on 1/21/2010 (CC, ilcd).
December 21, 2009 10 Featured Case MOTION to Dismiss Rule 12 Motion to Dismiss, MOTION to Transfer Case and Defer Briefing by Defendant Montgomery County Maryland. Responses due by 1/7/2010 (Kelty, Thomas)
December 21, 2009 9 Featured Case MOTION to Dismiss by Defendant Montgomery County Maryland. Responses due by 1/7/2010 (Kelty, Thomas)
December 21, 2009 8 Featured Case MEMORANDUM in support re 7 MOTION to Dismiss for Lack of Jurisdiction MOTION to Quash Service of Summons by Montgomery County Maryland. (Kelty, Thomas)
December 21, 2009 7 Featured Case MOTION to Dismiss for Lack of Jurisdiction, MOTION to Quash Service of Summons by Defendant Montgomery County Maryland. Responses due by 1/7/2010 (Kelty, Thomas)
December 21, 2009 6 Featured Case NOTICE of Appearance of Attorney by Thomas W Kelty on behalf of Montgomery County Maryland (Kelty, Thomas)
December 21, 2009 Featured Case TEXT ORDER by U.S. Magistrate Judge Byron G. Cudmore: Judge Cudmore disqualifies himself and recuses himself from participation in the above listed matters pursuant to 28 U.S.C. 455(b)(4). (LB, ilcd)
December 18, 2009 5 Featured Case MOTION for Leave to Appear Pro Hac Vice for David P. Sanders and Wade R. Thomson by Defendant Daniel Morse. Responses due by 1/4/2010 (Craven, Donald)
December 18, 2009 4 Featured Case Quarterly MOTION to Dismiss (Rule 12) or, in the Altrnative, Motion to Transfer Under 28 U.S.C. Section 1404 and to Defer Briefing on this Motion by Defendant Daniel Morse. Responses due by 1/4/2010 (Craven, Donald)
December 18, 2009 3 Featured Case MOTION to Dismiss This Action For Plaintiff's Violation of Injunction Order Requiring Plaintiff to Disclose His Pro Se Litigation History by Defendant Daniel Morse. Responses due by 1/4/2010 (Attachments: # 1 Exhibit Exhibit A - 6/25/07 Order, # 2 Exhibit Exhibit B - 10/21/08 Order, # 3 Exhibit Exhibit C - Order & Transcript, # 4 Exhibit Exhibit D - Maratin-Trijona v. Chicago Tribune, # 5 Exhibit Exhibit E - Sanction Order, # 6 Exhibit Exhibit F - 1/7/08 Order, # 7 Exhibit Exhibit G - Martin v. Suarez)(Craven, Donald)
November 12, 2009 Featured Case REMARK: Copy of Judge Cudmore's Text Order of 11/12/2009 sent this date via U.S. Mail to pro se Plaintiff at his listed address, as well as to Attorney Thomas W. Kelty (as Mr. Kelty signed the wrtten consent to removal on behalf of his client, Montgomery County, Maryland). Defendant Morse's counsel requested to provide notification of text order to Defendants Scott Shirley and John Gilchrist, who also consented to removal, but listed no address. (LB, ilcd)
November 12, 2009 Featured Case TEXT ORDER by Magistrate Judge Byron G. Cudmore: Notice of Removal filed 11/10/2009 by Defendant Daniel Morse reviewed. Pro se Plaintiff is given to 12/10/2009 to file objections. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. Furthermore, Defendants Daniel Morse, Scott Shirley, John Gilchrist, and Montgomery County Maryland, each which have consented to this removal, are given to 12/21/2009 to answer or otherwise plead to the complaint. Entered by Judge Cudmore on 11/12/09. (LB, ilcd)
November 10, 2009 2 Featured Case NOTICE OF FILING re 1 Notice of Removal, (Craven, Donald)
November 10, 2009 1 Featured Case NOTICE OF REMOVAL from Sangamon County, IL, case number 09-CH-737 (Filing fee $350.00, Receipt 34626001958), filed by Defendant Daniel Morse. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(CC, ilcd)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System

Search for this case: Martin v. Washington Post Company et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Andy Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Washington Post Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Daniel Morse
Represented By: Donald M Craven
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Scott Shirley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Google Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Gilchrist
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jim Brosemer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Montgomery County Maryland
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John J McCarthy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John .. Doe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: William G Simmons
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Eugene Wolfe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cheryl McCally
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?