Soares v. Boyd et al
| Paul F. Soares |
| Clyde Boyd, Robert Skeans, Natural Resources & Energy and John Does |
| 7:2017cv00150 |
| September 27, 2017 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Floyd |
| Karen K. Caldwell |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
170
OPINION AND ORDER: Court, being sufficiently advised, HEREBY ORDERS the motion to withdraw (DE 169 ) is GRANTED. Docket entry 163 is hereby withdrawn. Signed by Judge Karen K. Caldwell on 9/3/2020. (RCB)cc: COR and Paul F. Soares by US Mail
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Filing
162
JUDGMENT: (1) This action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; (2) This action is DISMISSED and STRICKEN from Court's active docket; and (3) This judgment is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 3/25/2020. (RCB)cc: COR and Paul F. Soares by US Mail
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Filing
117
OPINION AND ORDER: (1) Dfts' Motion to Set Aside Default Judgments and Dismiss DE 78 is GRANTED in part and DENIED in part. To extent Motion seeks to set aside Clerk's entries of default, against Clyde Boyd, Robert Skeans, and Natural Resources and Energy, LLC, and default judgements, against Clyde Boyd and Natural Resources and Energy, LLC, it is GRANTED. To extent Motion seeks to dismiss case, it is DENIED. (2) Plaf's Motion for Default Judgment against Robert Skeans DE [ 62] and Motions for Writs of Execution DE 72 , 73 , and 74 are all DENIED AS MOOT. (3) The Plaf's Motion for Leave to File Response to Dfts' Motion to Dismiss and Set Aside Judgments and Request for an Evidentiary Hearing DE 86 is GRA NTED in part and DENIED in part. To extent Plaf's Motion seeks leave to file a response, it is GRANTED. To extent Plaf's Motion requests an evidentiary hearing, it is DENIED. (4) Plaf's Motion to Strike or Deny Dfts' Motion to Dismiss and Set Aside Judgment DE 87 is DENIED. (5) Plaf's Motion to Strike Affidavit and Answer of Garnishees, Compel Response by Garnishee, for Order Requiring Christene Layne to Not Interfere in Orders of Court, and Request for Sanctions D E 88 and Motion to Compel Response by G & R & Pawn Co., LLC and Request for Sanctions DE 90 are DENIED AS MOOT. (6) Dfts' Motion for Extension of Time to Answer Interrogatories DE 96 is GRANTED. Dfts shall have 30 days from entry of this Order to respond to Soares's interrogatories. (7) Deputy Clerk shall prepare a "Service Packet" for following Dfts: a. Natural Resources & Energy, LLC; b. Robert Skeans; and c. The Estate of Clyde Boyd. (8) Each Service Packet shal l include: a. a completed summons form; b. complaint DE 1 and its attached exhibit DE 1 -1; c. this Order; and d. a completed USM Form 285. (9) Pikeville Deputy Clerk shall send Service Packets to "USMS" in Lexington, Ky. (10) USMS sha ll serve all three Service Packets on Atty for Dfts: Stephen W. Owens. (11) USMS is responsible for ensuring Dfts are successfully served with process. (12) Within 40 days of date of entry of this Order, USMS Office shall send a Service Report to Pikeville Clerk's Office, which Deputy Clerk shall file in record, stating whether service has been accomplished with respect to all Dfts. a. If served by certified mail, the Service Report shall include: i. a copy of green card showing proo f of service and signature of recipient; or ii. a statement that green card was not returned from U.S. Postmaster, along with a "Track-and-Confirm" report from U.S. Postal Service showing that a proof of delivery does not exist. b. If per sonally served, Service Report shall indicate: i. that personal service was successful; or ii. a statement explaining why dft could not be served and what efforts are being taken to accomplish personal service. Signed by Judge Karen K. Caldwell on 3/11/2019. (RCB)cc: COR, Soares via U.S. mail
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