Sipple et al v. Meyer et al
| Gary Sipple, Annette Sipple and Annette Evon Jeter Trust |
| Willam H. Meyer, Southlaw P.C. LLC, Greg Shaefer, Jeffrey Records, Jr., Ken Clark, Brian Hill, Jared Muir, Midfirst Bank and Midland Mortgage |
| 5:2023cv04108 |
| November 13, 2023 |
| US District Court for the District of Kansas |
| Eric F Melgren |
| Rachel E Schwartz |
| Real Property: Foreclosure |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
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Filing 39
MOTION to Strike #38 MOTION for Declaratory Judgment by Defendants Ken Clark, Willam H. Meyer, Midfirst Bank, Midland Mortgage, Jeffrey Records, Jr, Greg Shaefer, Southlaw P.C. LLC (Meyer, William)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #39 MOTION to Strike #38 MOTION for Declaratory Judgment. The motion will be resolved by the District Judge.
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Filing 38
MOTION for Declaratory Judgment by Plaintiffs Annette Sipple, Gary Sipple. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7)(kmc)
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Filing 37
(DUPLICATION OF DOCKET ENTRY 36 FOR STATISTICAL PURPOSES) RESPONSE by Defendants Ken Clark, Willam H. Meyer, Midfirst Bank, Midland Mortgage, Jeffrey Records, Jr, Greg Shaefer, Southlaw P.C. LLC. Re #32 Motion to Disqualify Counsel (msb)
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Filing 36
REPLY TO RESPONSE TO MOTION by Defendants Ken Clark, Willam H. Meyer, Midfirst Bank, Midland Mortgage, Jeffrey Records, Jr, Greg Shaefer, Southlaw P.C. LLC re: #17 Motion to Dismiss for Failure to State a Claim, #21 Motion to Dismiss for Failure to State a Claim, #22 Motion to Dismiss for Failure to State a Claim (Meyer, William) Modified to terminate link to DE 32 on 12/22/2023 (msb).
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Filing 35
CORPORATE DISCLOSURE STATEMENT by Midland Mortgage identifying Midland Financial Co. as corporate parent . (Meyer, William)
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Filing 34
CORPORATE DISCLOSURE STATEMENT by Midfirst Bank identifying Midland Financial Co. as corporate parent . (Meyer, William)
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Filing 33
CORPORATE DISCLOSURE STATEMENT by Southlaw P.C. LLC identifying None as corporate parent . (Meyer, William)
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Filing 32
MOTION to Disqualify Counsel by Plaintiffs Annette Sipple, Gary Sipple. (referred to Magistrate Judge Rachel E. Schwartz) (sz)
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Filing 31
NOTICE OF SERVICE by Annette Sipple, Gary Sipple of Petition for Discovery. (sz)
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Filing 30
RESPONSE by Plaintiffs Annette Sipple, Gary Sipple re #26 Motion to Dismiss for Failure to State a Claim, #17 Motion to Dismiss for Failure to State a Claim, #21 Motion to Dismiss for Failure to State a Claim, #22 Motion to Dismiss for Failure to State a Claim, #25 Motion to Dismiss, Motion for Joinder.(sz)
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Filing 29
MEMORANDUM AND ORDER denying #24 Motion for Default Judgment. The Court has not yet resolved any of the Defendants' Motions, so an answer is not yet due. Therefore, Defendants are not in default, and Plaintiffs' Motion is denied. Signed by Chief District Judge Eric F. Melgren on 12/18/2023. Mailed to pro se party Gary Sipple and Annette Sipple at PO Box 67711 Topeka, KS 66667 by regular mail. (sz)
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Filing 28
RESPONSE by Defendant Jared Muir re #24 Motion for Default Judgment (Muir, Jared)
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Filing 27
RESPONSE by Defendants Ken Clark, Willam H. Meyer, Midfirst Bank, Midland Mortgage, Jeffrey Records, Jr, Greg Shaefer, Southlaw P.C. LLC re #24 Motion for Default Judgment (Meyer, William)
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Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jared Muir (Muir, Jared)
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Filing 25
MOTION to Dismiss and Joinder in Defendants Meyer and Southlaw's Motion to Dismiss by Defendant Brian Hill (Brzon, Jonathan). Added MOTION for Joinder on 12/19/2023 (sz).
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Filing 24
MOTION for Default Judgment by Plaintiffs Annette Sipple, Gary Sipple. (sz)
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Filing 23
MEMORANDUM IN SUPPORT of #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ken Clark, Brian Hill, Greg Shaefer(Meyer, William)
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ken Clark, Jeffrey Records, Jr, Greg Shaefer (Meyer, William)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Joining Defendants Meyer's and Southlaw's Motion to Dismiss by Defendants Midfirst Bank, Midland Mortgage (Meyer, William)
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Filing 19
CASE MANAGEMENT ORDER. The Court notes that Defendants William H. Meyer and SouthLaw, P.C. have filed a #17 motion to dismiss, which raises issues including those related to subject matter jurisdiction. Because of the efficiencies to be gained from resolving these issues before discovery takes place, the Court finds good cause to delay issuance of a scheduling order. The Court will issue, as appropriate, an Initial Order Regarding Planning and Scheduling after the District Judge rules on the pending motion to dismiss and any potentially forthcoming motions to dismiss. Signed by Magistrate Judge Rachel E. Schwartz on 12/8/2023. A copy of this order was sent to Plaintiffs via mail at the addresses listed on the docket. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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Filing 20
CLERKS ORDER EXTENDING TIME until 12/25/2023 for Defendants Ken Clark, Jeffrey Records, Jr., Greg Shaefer to answer or otherwise plead. Signed by deputy clerk on 12/7/2023. Mailed to pro se parties Gary & Annette Sipple by regular mail. (nac)
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Filing 18
MEMORANDUM IN SUPPORT of #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Willam H. Meyer, Southlaw P.C. LLC (Attachments: #1 Exhibit A - File Stamped Copy of State Court Petition, #2 Exhibit B - File Stamped Copy of State Court January 11, 2023 Order, #3 Exhibit C - File Stamped Copy of State Court Journal Entry of Judgment, #4 Exhibit D - File Stamped Copy of State Court January 23, 2023 Order, #5 Exhibit E - File Stamped Copy of State Court February 6, 2023 Order, #6 Exhibit F - Notice of Removal, #7 Exhibit G - Memorandum and Order Granting Motion to Remand, #8 Exhibit H - Complaint from D. Kan. Case No. 23-4038-HLT-RES, #9 Exhibit I - Memo. and Order dismissing D. Kan. Case No. 23-4038-HLT-RES)(Meyer, William)
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Filing 17
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Willam H. Meyer, Southlaw P.C. LLC (Meyer, William)
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Filing 16
CLERKS ORDER EXTENDING TIME until 12/19/2023 for Defendant Jared Muir to answer or otherwise plead. Signed by deputy clerk on 12/05/2023. Mailed to pro se parties Gary and Annette Sipple by regular mail. (nac)
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Filing 15
ENTRY OF APPEARANCE by Jared R. Muir on behalf of Jared Muir. (Muir, Jared)
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Filing 14
CLERKS ORDER EXTENDING TIME until 12/21/2023 for Defendant Brian Hill to answer or otherwise plead. Signed by deputy clerk on 12/4/2023. Mailed to pro se parties Gary and Annette Sipple by regular mail. (jsh)
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Filing 13
ENTRY OF APPEARANCE by Jonathan C. Brzon on behalf of Brian Hill. (Brzon, Jonathan)
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Filing 12
NOTICE OF SERVICE by Annette Sipple, Gary Sipple of Document #4 titled "MOTION for Emergency Temporary Preliminary Injunction" (nac)
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Filing 11
SUMMONS RETURNED EXECUTED -- Certified Mail by Annette Sipple, Gary Sipple upon Ken Clark served on 11/20/2023, answer due 12/11/2023; Jeffrey Records, Jr served on 11/20/2023, answer due 12/11/2023; Greg Shaefer served on 11/20/2023, answer due 12/11/2023. (nac)
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Filing 10
SUMMONS RETURNED EXECUTED -- Certified Mail by Annette Sipple, Gary Sipple upon Brian Hill served on 11/16/2023, answer due 12/7/2023; Willam H. Meyer served on 11/16/2023, answer due 12/7/2023; Southlaw P.C. LLC served on 11/16/2023, answer due 12/7/2023. (nac)
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Filing 9
SUMMONS RETURNED EXECUTED -- Personal Service by Annette Sipple, Gary Sipple upon Jared Muir served on 11/14/2023, answer due 12/5/2023. (nac)
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Filing 8
ORDER denying #6 Motion to Compel. Signed by Magistrate Judge Rachel E. Schwartz on November 22, 2023. Mailed to pro se party Gary and Annette Sipple by regular mail. (mls)
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Filing 7
ORDER denying #5 Motion to Amend Complaint. The Court denies the Motion for two reasons. First, Fed. R. Civ. P. 15(a)(1) provides that parties may amend their pleading once as a matter of course within 21 days of serving it or within 21 days of service of a responsive pleading or a Rule 12(b), (e), or (f) motion, whichever is earlier. Because Plaintiffs are still within the period for amending as a matter of course, a motion to amend the complaint is unnecessary. Second, the motion does not comply with D. Kan. Rule 15.1(a)(2), which requires that motions to amend the pleadings must also "attach the proposed pleading," which Plaintiffs have not done. Signed by Magistrate Judge Rachel E. Schwartz on 11/21/2023. A copy of this order was mailed to Plaintiffs at the addresses listed on the docket. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 6
MOTION to Compel Discovery by Plaintiffs Annette Sipple and Gary Sipple (referred to Magistrate Judge Rachel E. Schwartz). (mls)
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Filing 5
MOTION to Amend Complaint to add defendants, re #1 Complaint by Plaintiffs Annette Sipple and Gary Sipple (referred to Magistrate Judge Rachel E. Schwartz). (mls)
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Filing 4
MOTION for Emergency Temporary Preliminary Injunction by Plaintiffs Annette Sipple and Gary Sipple. (mls)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Annette Sipple, Gary Sipple - trial to be held in Topeka. (nac)
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiffs Annette Evon Jeter Trust, Annette Sipple, Gary Sipple. (nac) (Additional attachment(s) added on 11/14/2023: #1 Signed version of Civil Cover Sheet) (nac). Modified on 11/14/2023 to add signed version of Civil Cover Sheet (nac).
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Filing 1
COMPLAINT (Summons Issued) with trial location of Topeka, filed by Annette Sipple, Gary Sipple, Annette Evon Jeter Trust. (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (nac)
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SUMMONS ISSUED as to Ken Clark, Brian Hill, Willam H. Meyer, Jared Muir, Jeffrey Records, Jr, Greg Shaefer, Southlaw P.C. LLC. (issued to Returned to plaintiffs for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to plaintiffs for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac)
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FILING FEE PAID: in the amount of $402.00, receipt number 500001057. (nac)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Rachel E. Schwartz 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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