DEJOY v. ONE AMERICA et al
| MICHAEL DEJOY |
| ONE AMERICA, AMERICAN UNNITED LIFE INSURANCE COMPANY and ANDREA DUBE |
| 1:2022cv02073 |
| October 25, 2022 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Jane Magnus-Stinson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1131 ERISA - Collection of Delinquent Trust Fun |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 11
ORDER - On December 16, 2022, Mr. DeJoy paid the filing fee, filed a Motion for Reconsideration, and filed a Motion to Proceed In Forma Pauperis. [Filing No. 9; Filing No. 10.] Because he has paid the filing fee, the Court DENIES AS MOOT Mr. DeJoy's Motion to Proceed In Forma Pauperis. [10.] Due to the fact that Mr. DeJoy did not receive the Court's Order requiring him to pay the filing fee or file a Motion to Proceed In Forma Pauperis until after the deadline to do so had passed and the case had been dismissed, the Court GRANTS Mr. DeJoy's Motion for Reconsideration to the extent that it DIRECTS the Clerk to RE-OPEN this case. [9.] The Court also DIRECTS the Clerk to change Mr. DeJoy's address on the docket. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/19/2022. Copy to Plaintiff at the updated address via US mail. (JSR)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL DEJOY. (Attachments: #1 Exhibit Copy of Order - Dkt. 5)(JSR) |
| Filing 9 MOTION for Reconsideration, filed by Plaintiff MICHAEL DEJOY. (JSR) |
| Filing 8 RECEIPT #3020 for filing fee in the amount of $402.00, paid by MICHAEL DEJOY. (DRB) |
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Filing 7
FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT against Plaintiff and in favor of Defendants. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Jane Magnus-Stinson on 12/6/2022. Copy to Plaintiff via US mail. (JSR)
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Filing 6
ORDER - On October 26, 2022, the Court issued an Order noting that Plaintiff Michael DeJoy had neither paid the $402 filing fee nor filed a Motion to Proceed In Forma Pauperis. [Filing No. #5 .] The Court ordered Mr. DeJoy to do so by November 22, 2022, and cautioned that "[a] failure to either pay the $402 filing fee by November 22, 2022 or to file a Motion to Proceed In Forma Pauperis by that date may result in the dismissal of this action." [Filing No. #5 ).] To date, Mr. DeJoy has not paid the $402 filing fee or filed a Motion to Proceed In Forma Pauperis. The Court DISMISSES this case WITHOUT PREJUDICE. Final judgment shall enter accordingly. Signed by Judge Jane Magnus-Stinson on 12/6/2022. Copy to Plaintiff via US mail. (JSR)
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Filing 5
ORDER - The Court's review of the docket in this case indicates that Mr. DeJoy has neither paid the $402 filing fee nor filed a Motion to Proceed In Forma Pauperis. Mr. DeJoy shall have through November 22, 2022 in which to either: (1) pay the $402 filing fee for this action; or (2) demon-strate that he lacks the financial ability to do so by filing a Motion to Proceed In Forma Pauperis, indicating that he is unable to prepay the fee and stating his belief that he is entitled to redress. Should Mr. DeJoy file a Motion to Proceed In Forma Pauperis, he must use the form attached as an exhibit to this Order. A failure to either pay the $402 filing fee by November 22, 2022 or to file a Motion to Proceed In Forma Pauperis by that date may result in the dismissal of this action. (See Order.) Signed by Judge Jane Magnus-Stinson on 10/26/2022. Copy to Plaintiff via US mail. (Attachments: #1 Exhibit Motion to Proceed In Forma Pauperis)(JSR)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:22-cv-08650. Original file copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 2. Mailed to: Michael DeJoy P.O. Box 872 Syosset, NY 11791. (kh) [Transferred from New York Southern on 10/25/2022.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Indiana.(rdz) [Transferred from New York Southern on 10/25/2022.] |
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Filing 2
TRANSFER ORDER: The Court directs the Clerk of Court to transfer this action to the United States District Court for the Southern District of Indiana. See 28 U.S.C. 1406(a). Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this action in this court. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/18/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/25/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 10/25/2022.] |
| Filing 1 COMPLAINT against American Unnited Life insurance Company, Andrea Dube, One America. Document filed by Michael DeJoy..(rdz) [Transferred from New York Southern on 10/25/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/25/2022.] |
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