Gilbert v. Cates et al
| Dean E. Gilbert |
| Mr. Thomas J. Cortazzo, Debra Dave, Darryl M Gilbert, Sidney H. Cates, Dwight A. Gilbert, Thomas J. Cortazzo and Sidney H Cates, IV |
| 2:2020cv03428 |
| December 18, 2020 |
| US District Court for the Eastern District of Louisiana |
| Karen Wells Roby |
| Sarah S Vance |
| Wendy B Vitter |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 34
ORDER: IT IS HEREBY ORDERED that the #32 Motion for Extension of Time to Amend Complaint is GRANTED and Mr. Gilbert shall have until February 24, 2021 to file a motion to supplement his Motion for Leave to File Amended Complaint (R. Doc. 19) with a copy of the proposed amended complaint. The proposed amended complaint must be comprehensive (i.e., it may not refer back to or rely on any previous pleading) and must include all of Plaintiff's numbered allegations, as revised, supplemented, and/or amended because it will become the operative complaint in this matter without reference to any other document in the record.IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record. Signed by Judge Wendy B Vitter on 2/10/2021. (jeg) (Additional attachment(s) added on 2/10/2021: #1 Certified Mail Receipt) (jeg).
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Filing 33
ORDER: IT IS HEREBY ORDERED that #10 MOTION to Disqualify Judge and #26 MOTION to Amend/Correct #10 MOTION to Disqualify Judge are REFERRED to Chief Magistrate Judge Roby for hearing and determination pursuant to 28 U.S.C. 636(b)(1)(A). IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record. Signed by Judge Wendy B Vitter on 2/9/2021.(jeg) (Additional attachment(s) added on 2/10/2021: #1 Certified Mail Receipt) (jeg).
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| Filing 31 RESPONSE/MEMORANDUM in Opposition filed by Thomas J. Cortazzo re #27 MOTION to Appoint Counsel MOTION to Stay . (Blanchfield, Andrew) |
| Filing 32 MOTION for Extension of Time to Amend Complaint by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(jeg) Responses due by 2/15/2021 (mmv). |
| Filing 30 RESPONSE/MEMORANDUM in Opposition filed by Thomas J. Cortazzo re #11 MOTION to Return this Matter to the Hoorable Sarah S. Vance . (Blanchfield, Andrew) |
| Filing 29 Return of Service of Certified Mail Green Card (rec docs 22 and 23) served on Dean Gilbert on 2/3/2021(jeg) |
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Filing 28
ORDER: IT IS HEREBY ORDERED that the submission date on #26 MOTION to Amend his Motion to Disqualify Magistrate Karen Wells Roby (R. Doc. 26) is RESET for Tuesday, February 9, 2021. Any opposition to the Motion to Amend must be filed by February 8, 2021. IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record, which is the address listed in the Motion (R. Doc. 26-1). Signed by Judge Wendy B Vitter on 2/4/2021.(jeg) (Additional attachment(s) added on 2/5/2021: #1 Certified Mail Receipt) (jeg).
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| Filing 27 MOTION to Appoint Counsel, or, in the Alternative, MOTION to Stay Defendant's Motion until the Law Library Re-opens to the Public by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Notice of Submission, #2 Proposed Order)(jeg) Responses due by 2/15/2021 (mmv). |
| Filing 26 MOTION to Amend #10 MOTION to Disqualify Judge Roby by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Notice of Submission, #2 Proposed Order)(jeg) Modified text on 2/4/2021 (mmv). Responses due by 2/15/2021 (mmv). |
| Filing 25 Summons Issued as to Sidney H Cates, IV, Thomas J. Cortazzo, Debra Dave, Dwight A. Gilbert. (Attachments: #1 Summons, #2 Summons, #3 Summons)(jeg) |
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Filing 23
ORDER: IT IS HEREBY ORDERED that the #20 Motion to Access the Library for the Fifth Circuit of the United States Court of Appeals is DENIED. This Court doesnot have the authority to grant Plaintiff access to the law library located in the John Minor Wisdom United States Court of Appeals Building located at 600 Camp Street in New Orleans, Louisiana 70130. Additionally, Chief Judge Priscilla R. Owen of the United States Fifth Circuit Court of Appeals issued an Order on March 18, 2020, at General Docket No. 2020-3, closing the John Minor Wisdom Building in New Orleans to the public until further notice in response to COVID-19. (Attached). IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record, which is included in the instant Motion (R. Doc. 20-2). Signed by Judge Wendy B Vitter on 2/1/2021. (jeg) (Additional attachment(s) added on 2/2/2021: #1 Certified Mail Receipt) (jeg).
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Filing 22
ORDER: IT IS HEREBY ORDERED that Plaintiff, Dean E. Gilbert, shall have until Wednesday, February 10, 2021 to file a motion to supplement his Motion for Leave to File Amended Complaint (R. Doc. 19) with a copy of the proposed amended pleading. The proposed amended pleading must be a comprehensive complaint (i.e., it may not refer back to or rely on any previous pleading) that includes all of Plaintiffs numbered allegations, as revised, supplemented, and/or amended, and which will become the operative complaint in this matter without reference to any other document in the record. IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record, which is the address listed in the Motion for Leave to File Amended Complaint (R. Doc. 19-2). Signed by Judge Wendy B Vitter on 2/1/2021.(jeg) (Additional attachment(s) added on 2/2/2021: #1 Certified Mail Receipt) (jeg).
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| Filing 24 Request of Summons Issued as to Sidney H Cates, IV, Thomas J. Cortazzo, Debra Dave, Dwight A. Gilbert filed by Dean E. Gilbert re #1 Notice of Removal. (Attachments: #1 Summons, #2 Summons, #3 Summons)(jeg) |
| Filing 21 Return of Service of Certified Mail Green Card (rec doc 8) served on Dean Gilbert on 1/26/2021; Return of Service of Certified Mail Green Card (rec doc 12) served on Dean Gilbert on 1/27/2021.(jeg) |
| Filing 20 MOTION to Access the Library for the 5th Circuit of the United States Court of Appeals by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Notice of Submission)(jeg) |
| Filing 19 MOTION for Leave to File Amended Complaint by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Notice of Submission)(jeg) |
| Filing 18 RESPONSE/MEMORANDUM in Opposition filed by Thomas J. Cortazzo re #7 MOTION to Remand . (Blanchfield, Andrew) |
| Filing 17 NOTICE regarding Oral Argument re #14 MOTION for Sanctions filed by Thomas J. Cortazzo. By Clerk. (mmv) |
| Filing 16 Correction of Docket Entry by Clerk re #14 MOTION for Sanctions. **1.Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. 2. Document contains correct District Judge, but incorrect Section. All future pleadings must reflect Section D, Judge Wendy B. Vitter.** (jeg) |
| Filing 15 Request/Statement of Oral Argument by Thomas J. Cortazzo regarding #14 MOTION for Sanctions . (jeg) |
| Filing 14 MOTION for Sanctions by Thomas J. Cortazzo. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Request for Oral Argument, #3 Memorandum in Support, #4 Notice of Submission)(Blanchfield, Andrew) Responses due by 2/15/2021 (mmv). |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Thomas J. Cortazzo. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Notice of Submission, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Blanchfield, Andrew) Responses due by 2/15/2021 (mmv). |
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Filing 12
ORDER: IT IS HEREBY ORDERED that the submission date on the Plaintiff's Motion to Return This Matter to the Honorable Sarah S. Vance (R. Doc. 11) is RESET for Tuesday, February 9, 2021. IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record, which is the address listed in the Motion (R. Doc. 11 at p. 4). Signed by Judge Wendy B Vitter on 1/22/2021.(jeg) (Additional attachment(s) added on 1/25/2021: #1 Certified Mail Receipt) (jeg).
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| Filing 11 MOTION to Return this Matter to the Honorable Sarah S. Vance by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Notice of Submission)(jeg) |
| Filing 10 MOTION to Disqualify Judge Roby by Dean E. Gilbert. Motion(s) will be submitted on 2/9/2021. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Notice of Submission)(jeg) |
| Filing 9 MOTION to Disqualify Judge Vitter by Dean E. Gilbert. Motion(s) will be submitted on 2/9/2021. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Notice of Submission)(jeg) |
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Filing 8
ORDER: IT IS HEREBY ORDERED that the submission date on the #7 MOTION to Remand is RESET for Tuesday, February 9, 2021. IT IS FURTHER ORDERED that the Clerk of Court shall send the Plaintiff a copy of this Order via first-class and certified mail at his address of record, which is the address listed in the Motion to Remand (R. Doc. 7-2). Signed by Judge Wendy B Vitter on 1/20/2021.(jeg) (Additional attachment(s) added on 1/20/2021: #1 Certified Mail Receipt) (jeg).
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| Filing 7 MOTION to Remand by Dean E. Gilbert. Motion(s) will be submitted on 2/23/2021. (Attachments: #1 Proposed Order, #2 Notice of Submission)(bwn) Responses due by 2/15/2021 (mmv). |
| Filing 6 NOTICE OF DEFICIENT ProSe DOCUMENT: re #5 Motion to Remand to State Court. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 1/27/2021. (jeg) |
| Filing 5 **DEFICIENT** MOTION to Remand to State Court by Dean E. Gilbert. (Attachments: #1 Proposed Order)(jeg) |
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Filing 4
ORDER TRANSFERRING CASE. Case transferred to Judge Wendy B Vitter. Judge Sarah S. Vance no longer assigned to case. Signed by Judge Sarah S. Vance on 12/28/2020.(jeg) (NEF: Sections D and R)
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| Filing 3 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Karen Wells Roby. (go) |
| Filing 2 Notice of Compliance re #1 by Thomas J. Cortazzo. (Attachments: #1 State Court Pleadings)(Blanchfield, Andrew) Modified text on 12/21/2020 (lt). |
| Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2020-9908, B-5 (Filing fee $ 402 receipt number ALAEDC-8651135) filed by Thomas J. Cortazzo. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings) Attorney Andrew Blanchfield added to party Thomas J. Cortazzo(pty:dft).(Blanchfield, Andrew) Modified text on 12/21/2020 (lt). |
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