Escalante v. Escalante et al
| Matthew Aaron Escalante |
| Janelle Leigh Escalante, Christopher T. Wilson and Lewanna Bell-Lloyd |
| 2:2023cv02491 |
| November 6, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Teresa J James |
| Angel D Mitchell |
| Julie A Robinson |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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Filing 39
MOTION to Dismiss Plaintiffs' Complaint by Defendant Lewanna Bell-Lloyd (Morrow, James)
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Filing 38
ORDER denying #15 Plaintiff's Motion to Intervene. Although rambling, Plaintiff's Motion requests relief on behalf of his minor children and intervention of the United States in this case. As the Court has previously ruled and instructed Plaintiff, he is not an attorney and therefore cannot seek relief on behalf of other persons, including his minor children. Nor does Plaintiff have authority pursuant to Fed. R. Civ. P. 24 or any other authority cited by Plaintiff to request intervention in this case on behalf of the United States. See Escalante v. Burmaster, Case No. 23-cv-2471 (ECF No. 44). The referenced motion is therefore denied and Plaintiff is cautioned once again against filing any other or additional motion(s) seeking relief on behalf of other persons or to require the intervention or joinder of the United States. Signed by Magistrate Judge Teresa J. James on 12/29/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
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Filing 37
ORDER denying #5 Plaintiff's Motion to Consolidate Case Nos. 23-2491 and 23-2471. Plaintiff seeks consolidation pursuant to Fed. R. Civ. P. 42(a), which provides "When actions involving a common question of law or fact are pending before the court, it may order... all the actions consolidated." Although Mr. Escalante is the plaintiff in the two cases that he seeks to have consolidated, the cases are brought against different defendants - a Kansas State court judge, in Case No. 23-2471, versus Plaintiff's ex-wife, an attorney, and a guardian ad litem in Case No. 23-2491. The relief sought in the two cases is different and, notwithstanding Plaintiff's conclusion statement to the contrary, it is not at all clear from the pleadings that there are common questions of law or fact in the two cases. Additionally, different lawyers represent the defendants in the two cases. The determination of whether to grant a motion for consolidation is discretionary with the Court. In this case, the Court finds Plaintiff has failed to show what, if anything, would be gained by consolidation or that he will suffer any injury by failure to consolidate. See Shump v. Balka, 574 F.2d 1341, 1344 (10th Cir. 1978). In its discretion, the Court therefore denies Plaintiff's request for consolidation. Signed by Magistrate Judge Teresa J. James on 12/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 36
Amended RETURN OF SERVICE of Summons as to Christopher T. Wilson filed by Plaintiff Matthew Aaron Escalante. Summons delivered on 11/14/2023. (kas)
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Filing 35
Amended RETURN OF SERVICE of Summons as to Janelle Leigh Escalante filed by Plaintiff Matthew Aaron Escalante. Summons delivered on 11/13/2023. (kas)
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Filing 34
RESPONSE by Plaintiff Matthew Aaron Escalante re #27 Motion to Strike, #26 Motion to Strike, #29 Motion to Dismiss, Plaintiff's Objection and Response to Defendants Motion to Strike - Doc 27 (Attachments: #1 Exhibit Plaintiffs Counter Exhibit A, #2 Exhibit Plaintiffs Counter Exhibit B, #3 Exhibit Plaintiffs Counter Exhibit C, #4 Exhibit Plaintiff's Counter Exhibit D)(Escalante, Matthew)
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Filing 33
RESPONSE by Plaintiff Matthew Aaron Escalante re #26 Motion to Strike Plaintiff's Objection and Response to Defendants Motion to Strike (Escalante, Matthew)
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Filing 32
RESPONSE by Plaintiff Matthew Aaron Escalante re #29 Motion to Dismiss, #26 Motion to Strike Plaintiffs Objection to Doc 29 and 26 (Attachments: #1 Exhibit Plaintiffs Counter Exhibit A, #2 Exhibit Plaintiffs Counter Exhibit B, #3 Exhibit Plaintiffs Counter Exhibit C)(Escalante, Matthew)
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Filing 31
ORDER denying #19 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge Teresa J. James on 12/21/2023. (byk)
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Filing 30
ORDER denying #7 Plaintiff's Notice of Complaint for Attorney in Violation of the Judiciary Plaintiff Victims of Attorney Misconduct Seek Disbarment of Defendant ("Plaintiff's Complaint"); and finding as moot #27 Defendant Wilson's Motion to Strike. Plaintiff's Complaint is denied as improper and not in compliance with the Local Rules of this court. Plaintiff's Complaint states that Plaintiff is bringing it on behalf of his daughters, Plaintiff S.J.E. And Plaintiff S.G.E., minor children. However, Plaintiff is not an attorney and he cannot bring the complaint on behalf of any other person, including his minor children. Jackson v. United States, No. 22-cv-02357-KHV, 2023 WL 2631528, at *2 (D. Kan. Mar. 24, 2023)("[Pro se] Plaintiff cannot bring claims asserting the rights and interests of her son or her grandchildren because she cannot assert the personal rights or interests of any other person"). In addition, Plaintiff's Complaint is deficient because not in compliance with D. Kan. Rule 83.6.3(b)(1)(B), which requires complaints against attorneys practicing before this court for any cause or conduct that may justify disciplinary action to be filed "under oath" unless filed by a judge or magistrate judge of this court. Plaintiff is not a judge of this court, nor is Plaintiff's Complaint filed under oath. Signed by Magistrate Judge Teresa J. James on 12/19/2023.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 29
MOTION to Dismiss by Defendants Janelle Leigh Escalante, Christopher T. Wilson (Attachments: #1 Exhibit List Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Kuckelman, Karl)
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Filing 28
SUMMONS RETURNED EXECUTED -- Certified Mail by Matthew Aaron Escalante upon Lewanna Bell-Lloyd served on 12/12/2023, answer due 1/2/2024. (nac)
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Filing 27
MOTION to Strike #7 MOTION to Disqualify Counsel and Notice of Attorney Wilson in Violation of the Judiciary Complaint Affidavit of Defendant Wilson's willful violations against Plaintiffs under KRPC 3.4(c), KRPC 4.4(a), KRPC 8.4(a), KRPC 8.4(d) KRPC 8.4(g), and, #20 Return of Service of Summons Executed by Defendant Christopher T. Wilson (referred to Magistrate Judge Teresa J. James) (Panickar, Roman)
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Filing 26
MOTION to Strike #21 Return of Service of Summons Executed by Defendant Janelle Leigh Escalante (referred to Magistrate Judge Teresa J. James) (Panickar, Roman)
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Filing 25
ORDER granting #12 Motion for Leave to File Excess Pages; AND #13 Motion for Leave to File Excess Pages. Plaintiff has filed an objection to the motion; however, his objection is based on his opposition to the forthcoming motions to dismiss and not Defendants' request to file excess pages. Defendants may file briefs in support of a motion to dismiss of up to 40 pages. Plaintiff is also granted leave to file a response brief of similar length. Replies are limited to 15 pages. Entered by District Judge John W. Broomes on 12/07/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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Filing 24
RESPONSE by Plaintiff Matthew Aaron Escalante re #12 Motion for Leave to File Excess Pages, #13 Motion for Leave to File Excess Pages Response and Grounds that Rule 12b (1) (6) are not able to be disqualified by Defendants (Escalante, Matthew)
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Filing 23
MEMORANDUM AND ORDER. Plaintiff is restricted from filing any documents or motions in this action, with the exception of responses and reply briefs to motions already pending or the forthcoming motions to dismiss, unless he first seeks leave from the court. In order to do that, Plaintiff must file a motion to asking the court to approve his proposed filing, along with the reason why the filing is necessary at the time, and attach the proposed filing to the motion. The court will rule on the motion expeditiously. To the extent the court determines that a hearing is appropriate before ruling on any such motion, such hearings will generally be held in person at the federal courthouse in Wichita, Kansas. Signed by District Judge John W. Broomes on 12/6/2023. (mam)
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Filing 22
ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Julie A. Robinson no longer assigned to case. Signed by District Judge Julie A. Robinson on 12/6/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 21
SUMMONS RETURNED EXECUTED -- Certified Mail by Matthew Aaron Escalante upon Janelle Leigh Escalante served on 11/13/2023, answer due 12/18/2023. (nac)
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Filing 20
SUMMONS RETURNED EXECUTED -- Certified Mail by Matthew Aaron Escalante upon Christopher T. Wilson served on 9/22/2023, answer due 12/19/2023. (nac)
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Filing 19
MOTION to Appoint Counsel for the Plaintiffs as a Consideration pursuant Pro Se guide page 10 provisions 1 through 4 met by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 18
CLERKS ORDER EXTENDING TIME until 12/18/2023 for Defendant Janelle Leigh Escalante to answer or otherwise plead. Signed by deputy clerk on 12/4/2023. (jsh)
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Filing 17
CLERKS ORDER EXTENDING TIME until 12/19/2023 for Defendant Christopher T. Wilson to answer or otherwise plead. Signed by deputy clerk on 12/4/2023. (jsh)
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Filing 16
NOTICE of Emergency Ex Parte Motion to Intervene the DOJ as Plaintiff pursuant Title 8-2.140 to Defend the Children's Const Amdt 14.S1.5.8.1 Parents and Children Rights and Due Process showing deprived on 6/24/22, 6/24/22, 6/28/22, 07/08/22, 07/28/22 and 01/12/23 affirmed by case records by Matthew Aaron Escalante re #15 MOTION to Intervene PLAINTIFF FATHER AND CHILDREN'S EMERGENCY EX PARTE MOTION TO LEAVE FOR FILE: COMPLAINT UNDER TITLE IX OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C.n 2000h-2) AND MOTION/NOTICE TO INTERVENE DOJ AS PLAINTIFF 8-2.140 -NOTIC (Escalante, Matthew)
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Filing 15
MOTION to Intervene PLAINTIFF FATHER AND CHILDREN'S EMERGENCY EX PARTE MOTION TO LEAVE FOR FILE: COMPLAINT UNDER TITLE IX OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C.n 2000h-2) AND MOTION/NOTICE TO INTERVENE DOJ AS PLAINTIFF 8-2.140 -NOTICE WILL FOLLOW SHORTLY SEPARATE by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 14
EXHIBIT(S) IN SUPPORT of #1 Complaint, #4 Amended Complaint, by Plaintiff Matthew Aaron Escalante Plaintiff's Declaration and Affirmative of District Judicial Misconduct of Defendant Burmaster Acting Against the Plaintiff with Intent to Harm Father and His Children. Defendant Wilson and Defendant Mother Escalante are Seen in Petition Doc #1 PFS Tampering with a Kansas Protection Portal 5 Page Petition after it was Docketed and Defendants have Manipulated and Coerced Burmaster ever since Jul 8.2022 Pursuant 28 U.S. Code 1746. (Escalante, Matthew)
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Filing 13
MOTION for Leave to File Excess Pages by Defendant Christopher T. Wilson (Panickar, Roman)
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Filing 12
MOTION for Leave to File Excess Pages by Defendant Janelle Leigh Escalante (Panickar, Roman)
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Filing 11
ENTRY OF APPEARANCE by Roman Panickar on behalf of Christopher T. Wilson. (Panickar, Roman)
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Filing 10
ENTRY OF APPEARANCE by Roman Panickar on behalf of Janelle Leigh Escalante. (Panickar, Roman)
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Filing 9
ENTRY OF APPEARANCE by Karl Kuckelman on behalf of Christopher T. Wilson. (Kuckelman, Karl)
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Filing 8
ENTRY OF APPEARANCE by Karl Kuckelman on behalf of Janelle Leigh Escalante. (Kuckelman, Karl)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #12 and #13 MOTIONS for Leave to File Excess Pages applicable to forthcoming motions to dismiss. The motions will be resolved by the District Judge.(byk)
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Filing 7
MOTION to Disqualify Counsel and Notice of Attorney Wilson in Violation of the Judiciary Complaint Affidavit of Defendant Wilson's willful violations against Plaintiffs under KRPC 3.4(c), KRPC 4.4(a), KRPC 8.4(a), KRPC 8.4(d) KRPC 8.4(g), and Const Amdt14.S1.5.8.1, Const Amdt14.S1.5.2, Amdt6.6.3.6 and Violations of 18USC2265 with intent to deceive while holding KS Bar #15527 by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 6
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Teresa J. James for all further proceedings. Magistrate Judge Angel D. Mitchell no longer assigned to case. Signed by deputy clerk on 11/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 5
MOTION to Consolidate Cases 2:23-CV2491 into 2:23-CV02471 for expeditious handling to reduce unnecessary cost or delay by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Angel D. Mitchell) (Escalante, Matthew)
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Filing 4
AMENDED COMPLAINT $8MILLION FATHER/DAUGHTERS CIVIL RIGHTS LAWSUIT FEDERAL COMPLAINT FOR CIVIL RIGHTS CONSPIRACY IN VIOLATION OF 42USC1983 - CIVIL RIGHTS CONSPIRACY IN VIOLATION OF 42USC1985 -ABUSE OF PROCESS - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS WITH INTENT BY DEFENDANTS TO DESTROY THE PLAINTIFFS LIVES/LOVES/COMPANIONSHIPS against All Defendants, filed by Matthew Aaron Escalante.(Escalante, Matthew)
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SUMMONS ISSUED as to Lewanna Bell-Lloyd, Janelle Leigh Escalante, Christopher T. Wilson. (issued to pro se Plaintiff for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to pro se plaintiff for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac)
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DOCKET ANNOTATION: Plaintiff Matthew Aaron Escalante is a registered pro se participant with e-filing & ECF notifications. (gw)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew Aaron Escalante - trial to be held in Kansas City. (nac)
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiff Matthew Aaron Escalante. (nac)
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Filing 1
COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Matthew Aaron Escalante. (nac)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac)
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FILING FEE PAID: in the amount of $402.00, receipt number 500001012. (nac)
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