Minix v. Stone et al
Plaintiff: M. Stephen Minix, Sr.
Defendant: Robin Simpson Smith, Douglas Ray Hall, Jim Webb, William P. Harbison, Patricia L. Thacker, Seiller Waterman, LLC, John David Caudill, Joseph L. Goff, Charity Stone, Keith J. Larson, David M. Cantor and Denise Porter
Case Number: 7:2020cv00135
Filed: October 30, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: William O Bertelsman
Referring Judge: P SO
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2020 Filing 25 MOTION for Partial Summary Judgment to Find the Plaintiff is Not an Optometrist by M. Stephen Minix, Sr., pro se. (Attachments: #1 Exhibit 1 - Affidavit of Connie F. Calvert, #2 Exhibit 2 - Kentucky Ophthalmic Dispenser License and data of Marcus S. Minix, #3 Exhibit 3 - Complaint of Charity Stone, Floyd Circuit Court, #4 Exhibit 4 - Amended Complaint of Charity Stone, Floyd Circuit Court, #5 Exhibit 5 - Answer and Counterclaims of Plaintiff, Floyd Circuit Court, #6 Exhibit 6 - Answer of Charity Stone, Floyd Circuit Court, #7 Exhibit 7 - Default Judgment, Floyd Circuit Court, #8 Exhibit 8 - Findings of Fact, Conclusions of Law, and Judgment, Floyd Circuit Court, #9 Proposed Order)(RCB)
December 23, 2020 Opinion or Order Filing 24 ORDER: this motion (Doc. #10 ) is GRANTED. Plf shall have up to JANUARY 22, 2021 to file any responses to Motions to Dismiss (Docs. #6 , #7 , #8 , #9 ). Signed by Judge William O. Bertelsman on 12/23/2020. (RCB)cc: COR and M. Stephen Minix, Sr. by US Mail
December 14, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Bertelsman for review: re #10 MOTION for Extension of Time to File Response, filed by Stephen Minix, Sr. (TDA)
December 11, 2020 Filing 23 MOTION for Contempt for Fabrication of Evidence, filed by M. Stephen Minix, Sr. pro se. (Attachments: #1 SC Cert of Record on Appeal 09-CI-1350, #2 Proposed Order)(TDA)
December 4, 2020 Filing 22 Summons Reissued as to Patricia L. Thacker. (TDA)
December 4, 2020 Filing 21 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Seiller Waterman, LLC served on 11/3/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 20 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Keith J. Larson served on 11/3/2020, by M. Stephen Minix, Sr. (TDA) Modified text on 12/7/2020 (TDA).
December 4, 2020 Filing 19 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Jim Webb served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 18 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Charity Stone served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 17 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to John David Caudill served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 16 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Joseph L. Goff served on 11/10/2020, by M. Stephen Minix, Sr.(TDA)
December 4, 2020 Filing 15 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to David M. Cantor served on 11/3/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 14 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to William P. Harbison served on 11/3/2020, by M. Stephen Minix, Sr.(TDA)
December 4, 2020 Filing 13 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Douglas Ray Hall served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 12 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Robin Simpson Smith served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 11 CERTIFIED MAIL RECEIPT (w/ second pg of summons) as to Denise Porter served on 11/2/2020, by M. Stephen Minix, Sr. (TDA)
December 4, 2020 Filing 10 MOTION for Extension of Time to File Response as to #6 MOTION to Dismiss for failure to state a claim; #7 MOTION to Dismiss for failure to state a claim; #8 MOTION to Dismiss; #9 MOTION to Dismiss for failure to state a claim, filed by Stephen Minix, Sr. pro se. (TDA) Modified on text 12/14/2020 (TDA).
November 30, 2020 Attorney Update. Attorney David M. Cantor added for David M. Cantor, William P. Harbison, Keith J. Larson, Seiller Waterman, LLC, Robin Simpson Smith and Charity Stone, per DE #8. (TDA)
November 30, 2020 Attorney Update. Attorney Mark S. Fenzel added for Jim Webb, per DE #9. (TDA)
November 30, 2020 Filing 9 MOTION to Dismiss for failure to state a claim by Jim Webb Motion to Dismiss Amended Complaint (DN 5) (Attachments: #1 Exhibit 1 - Minix Motion to Void Ex Parte Docs, #2 Exhibit 2 - Caldwell Order, #3 Proposed Order)(Reisz, Katherine)
November 30, 2020 Filing 8 MOTION to Dismiss by David M. Cantor, William P. Harbison, Keith J. Larson, Seiller Waterman, LLC, Robin Simpson Smith, Charity Stone (Attachments: #1 Exhibit 1 - Stone Compliant, #2 Exhibit 2 - Stone Amended Complaint, #3 Exhibit 3 - Minix Answer, #4 Exhibit 4 - Minix 60.02 Motion, #5 Exhibit 5 - Minix's Appeal Brief, #6 Exhibit 6 - Minix's Verified Response to Affidavit, #7 Exhibit 7 - Stone Answer to Counterclaim, #8 Exhibit 8 - Stone Motion to Strike, #9 Exhibit 9 - Order Striking Answer, #10 Exhibit 10 - Dismissal Documents and Default Judgment, #11 Exhibit 11 - Stone Response to CR 60.02 Motion, #12 Exhibit 12 - Garishments, #13 Exhibit 13 - Minix Motion to Void, #14 Exhibit 14 - State Circuit Court Order, #15 Exhibit 15 - Judge Caldwell Order Dismissing, #16 Exhibit 16 - Amendment to Schedules, #17 Exhibit 17 - Bankruptcy Order Granting Motion to Settle, #18 Proposed Order)(Larson, Keith)
November 30, 2020 Filing 7 MOTION to Dismiss for failure to state a claim, filed by Joseph L. Goff pro se. (TDA)
November 24, 2020 Attorney Update. Attorney Carmine G. Iaccarino & Charles Anthony English added for John David Caudill, Douglas Ray Hall and Denise Porter, per DE #6. (TDA)
November 23, 2020 Filing 6 MOTION to Dismiss for failure to state a claim by John David Caudill, Douglas Ray Hall, Denise Porter (Attachments: #1 Exhibit A - Ky. App. opinion (Minix I), #2 Exhibit B - E.D. Ky. order (Minix II), #3 Proposed Order)(Silletto, Aaron)
November 20, 2020 Case no longer referred to PSO, per chambers. (TDA)
November 16, 2020 Filing 5 AMENDED COMPLAINT filed by M. Stephen Minix, Sr., pro se (Attachments: #1 Appended Exhibits, #2 Exhibit A - KY COA Opinion Affirming, #3 Exhibit B - - KY COA Resp to Discretionary Review Excerpts, #4 Exhibit C - KY Supreme Court Order Denying Review, #5 Exhibit D - FCC Mtn Default Judgment, #6 Exhibit E - FCC Mtn to Dismiss Counterclaim, #7 Exhibit F - FCC Ltr w/ FOF, COL & Judgment, #8 Exhibit G - FCC Order Dism Counterclaim, #9 Exhibit H - FCC Default Judgment, #10 Exhibit I - FCC FOF, COL & Judgment, #11 Exhibit J - FCC Resp to CR 60.02 Motion, #12 Exhibit K - COA Suppl Prehearing Statement, #13 Exhibit L - USBC MOO re Mtn SJ/Mtn Dism, #14 Exhibit M - USDC Brief for Appellee Excerpts, #15 Exhibit N - USDC MOO Excerpts, #16 Exhibit O - KY COA Brief of Appelle Excerpts, #17 Exhibit P - KY Board of Optometric Ltr, Afdvt, Cert, #18 Exhibit Q - FCC Resp to New Issues in Affidavit, #19 Exhibit R - Service Returned to Sender)(RCB)
November 3, 2020 Filing 4 STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. (TDA) cc: COR and M. Stephen Minix, Sr. by US Mail
November 3, 2020 Filing 3 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page) (TDA)
November 3, 2020 Conflict Check run. (TDA)
October 30, 2020 Filing 1 COMPLAINT (Filing fee $400; receipt number 5031017), filed by M. Stephen Minix, Sr. (Attachments: #1 Appended Exhibits, #2 Exhibit A - KY COA Opinion Affirming, #3 Exhibit B - KY COA Resp to Discretionary Review Excerpts, #4 Exhibit C - KY Supreme Court Order Denying Review, #5 Exhibit D - FCC Mtn Default Judgment, #6 Exhibit E - FCC Mtn to Dismiss Counterclaim, #7 Exhibit F - FCC Ltr w/ FOF, COL & Judgment, #8 Exhibit G - FCC Order Dism Counterclaim, #9 Exhibit H - FCC Default Judgment, #10 Exhibit I - FCC FOF, COL & Judgment, #11 Exhibit J - FCC Resp to CR 60.02 Motion, #12 Exhibit K - COA Suppl Prehearing Statement, #13 Exhibit L - USBC MOO re Mtn SJ/Mtn Dism, #14 Exhibit M - USDC Brief for Appellee Excerpts, #15 Exhibit N - USDC MOO Excerpts, #16 Exhibit O - KY COA Brief of Appelle Excerpts, #17 Exhibit P - KY Board of Optometric Ltr, Afdvt, Cert, #18 Exhibit Q - FCC Resp to New Issues in Affidavit, #19 Proposed Summons Signed by Deputy Clerk, #20 Filing Fee) (TDA)
October 30, 2020 SUMMONS ISSUED as to all Defendants; Summons issued and returned to Mr. Minix via pick-up from Office of Clerk. CLERK'S NOTE: Divisional office was notified summonses were issued in Clerk's office in Lexington; however, copies of properly issued summonses were not maintained for the official record. (TDA)

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Defendant: Robin Simpson Smith
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: Douglas Ray Hall
Represented By: Carmine G. Iaccarino
Represented By: Aaron J. Silletto
Represented By: Charles Anthony English
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Defendant: Jim Webb
Represented By: Katherine T. Reisz
Represented By: Mark S. Fenzel
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Defendant: William P. Harbison
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: Patricia L. Thacker
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Defendant: Seiller Waterman, LLC
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: John David Caudill
Represented By: Carmine G. Iaccarino
Represented By: Aaron J. Silletto
Represented By: Charles Anthony English
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Defendant: Joseph L. Goff
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Defendant: Charity Stone
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: Keith J. Larson
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: David M. Cantor
Represented By: David M. Cantor
Represented By: Keith James Larson
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Defendant: Denise Porter
Represented By: Carmine G. Iaccarino
Represented By: Aaron J. Silletto
Represented By: Charles Anthony English
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Plaintiff: M. Stephen Minix, Sr.
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