McCoy v. McCormick et al
| Lydia McCoy |
| Lorraine McCormick, Steven Tureau, Jill Lambert, June Julien, Bridget Hanna, Scott McCormick, Joseph McCoy, David Conachen, Michelle Robicheaux, Gina Lee, Louisiana Court of Appeal, Louisiana Supreme Court and Does 1 Through 20 |
| Allyson S. Krueger |
| 3:2022cv00443 |
| July 5, 2022 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Richard L Bourgeois |
| Brian A Jackson |
| Scott D Johnson |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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Filing 74
Certificate of Interested Persons by Louisiana Court of Appeal identifying Affiliate/Interested Person Elizabeth P. Wolfe, Affiliate/Interested Person J. Michael McDonald, Affiliate/Interested Person State Of Louisiana, Affiliate/Interested Person Walter I. Lanier, Affiliate/Interested Person Louisiana Office of Risk Management, Affiliate/Interested Person Vanessa G Whipple, Affiliate/Interested Person John Michael Guidry, Affiliate/Interested Person Page McClendon, Affiliate/Interested Person Jewel E. Welch, Affiliate/Interested Person Mitchell Theriot, Affiliate/Interested Person Holdridge, Affiliate/Interested Person Wayne Ray Chutz, Affiliate/Interested Person Allison H Penzato, Affiliate/Interested Person Chris Hester, Affiliate/Interested Person Guy Holdridge, Affiliate/Interested Person Louisiana Department of Justice, Affiliate/Interested Person Sedgwick Claims Management Services, Inc. for Louisiana Court of Appeal.. (Wilson, Jacqueline)
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Filing 73
MOTION to Dismiss by Louisiana Court of Appeal (Attachments: #1 Memorandum in Support, #2 Exhibit A - Certified Mail to 1st Circuit, #3 Proposed Order)(Wilson, Jacqueline) Modified on 8/31/2022 to edit the text (NLT).
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Filing 72
ORDER granting in part and denying in part #70 Motion to Lift Stay Placed on Motion for Declaratory Relief and Preliminary Injunction and for Expeditious Ruling on this Motion as set forth in document. Pursuant to Local Rule 7(f), any opposition to Plaintiff's Motion for Declaratory Relief and Preliminary Injunction (R. Doc. 42) shall be filed on or before September 27, 2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/29/2022. (JEG)
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Filing 71
ORDER denying #68 Motion to File Electronically as set forth in document. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/29/2022. (JEG)
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MOTION(S) REFERRED: #66 Second MOTION to Dismiss for Failure to State a Claim Second MOTION to Dismiss for Insufficiency of Service. This motion is now pending before the USMJ. (NLT)
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MOTION(S) REFERRED: #68 MOTION to File Electronically, #70 MOTION to Lift Stay MOTION for Expedited Hearing on #69 Notice of (other). This motion is now pending before the USMJ. (NLT)
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Filing 67
Certificate of Interested Persons by Steven Tureau identifying Affiliate/Interested Person State Of Louisiana, Affiliate/Interested Person Louisiana Office of Risk Management, Affiliate/Interested Person Louisiana Department of Justice, Affiliate/Interested Person Sedgwick Claims Management Services, Inc. for Steven Tureau.. (Wilson, Jacqueline)
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Filing 66
Second MOTION to Dismiss for Failure to State a Claim , Second MOTION to Dismiss for Insufficiency of Service by Steven Tureau (Attachments: #1 Memorandum in Support, #2 Exhibit A - Certified Mail to Tureau, #3 Proposed Order)(Wilson, Jacqueline)
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Filing 70
MOTION to Lift Stay Placed on Motion for Declaratory Relief and Preliminary Injunction and for Expeditious Ruling on this Motion by Lydia McCoy (NLT)
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Filing 69
NOTICE OF Pro Se E-Service and E- Notice Consent Form by Lydia McCoy (NLT)
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Filing 68
MOTION to File Electronically by Lydia McCoy (NLT)
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Filing 65
ORDER granting #64 Ex Parte Motion to Enroll Additional Counsel of Record. Attorney Jeffrey K. Cody is enrolled for Defendants Bridget Hanna, June Julien, and Jill Lambert. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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MOTION(S) REFERRED: #64 Ex Parte MOTION to Enroll Jeffrey K. Cody as Additional Attorney . This motion is now pending before the USMJ. (EDC)
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Filing 64
Ex Parte MOTION to Enroll Jeffrey K. Cody as Additional Attorney by Bridget Hanna, June Julien, Jill Lambert (Attachments: #1 Proposed Order Proposed Order)(Cody, Jeffrey)
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Filing 63
Exhibit(s) to #58 MOTION to Dismiss for Failure to State a Claim by Gina Lee. (Attachments: #1 Exhibit A - Certified Mail to Lee)(Wilson, Jacqueline) (Attachment 1 replaced on 8/17/2022) (EDC). Modified on 8/17/2022 to rotate pages. (EDC).
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Filing 62
ORDER denying #44 Motion to Appoint Counsel. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/16/2022. (EDC)
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Filing 61
ORDER denying without prejudice #29 #30 #35 Motions to Dismiss to refile, within 21 days of the date of this Order, renewed motions to dismiss raising any arguments that have not been made moot by the transfer of the action to this district. Plaintiff shall respond to any renewed motion to dismiss within the time provided by Local Rule 7(f). Denied as moot #33 #37 Motions to Strike; #36 #38 Motions to Extend Time to File Opposition. Granted #54 Motion for Extension of Time to File Responsive Pleadings. Granted #32 Motion to Extend Time to Serve Defendants. Plaintiff shall serve all defendants in this action who have not been previously served with process within 30 days of the date of this Order. The deadline to respond to #42 Motion for Declaratory Relief and Preliminary Injunction remains STAYED until further order of the Court. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/16/2022. (EDC)
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Filing 60
Notice of Deficiency with Administrative Procedure III(A)(1) as to #58 Motion to Dismiss for Failure to State a Claim. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (EDC)
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Filing 59
MOTION to Stay Discovery by Gina Lee, Steven Tureau (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wilson, Jacqueline)
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Filing 58
MOTION to Dismiss for Failure to State a Claim by Gina Lee (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order)(Wilson, Jacqueline) (Attachment 2 replaced on 8/16/2022) (EDC).
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MOTION(S) REFERRED: #58 MOTION to Dismiss for Failure to State a Claim , #59 MOTION to Stay Discovery . This motion is now pending before the USMJ. (EDC)
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Case reassigned to Magistrate Judge Richard L. Bourgeois, Jr. Magistrate Judge Scott D. Johnson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)
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Filing 57
NOTICE OF Waiver of Judicial Disqualification. (EDC)
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Filing 56
Certificate of Interested Parties by Gina Lee identifying Affiliate/Interested Person Office of Risk Management, Affiliate/Interested Person State Of Louisiana, Affiliate/Interested Person Sedgwick Claims Management Services, Inc. for Gina Lee. (Wilson, Jacqueline)
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Filing 55
NOTICE OF DEFICIENCY with LR 7.1 as to #54 Motion for Extension of Time. Pursuant to Administrative Procedures I(B)(6), the certificate of interested persons must be filed using the text fillable form located at #www.lamd.uscourts.gov/local-forms/all-local-forms. (LLH)
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Filing 54
Ex Parte MOTION for Extension of Time Responsive Pleadings by Gina Lee (Attachments: #1 Proposed Order)(Wilson, Jacqueline)
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MOTION(S) REFERRED: #54 Ex Parte MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (LLH)
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Filing 53
Case transferred in from the Oregon; Case Number 3:22-cv-00157. Original file certified copy of transfer order and docket sheet received.
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Filing 52
Opinion and Order - The Court ADOPTS IN PART AND DECLINES TO ADOPT IN PART the Findings and Recommendation (ECF #47 ). Under 28 U.S.C. 1406(a), the Court directs the Clerk of the Court to transfer this case to the Middle District of Louisiana, where a substantial part of the alleged events giving rise to Plaintiff's claims occurred. See 28 U.S.C. 1391(b)(2). Signed on 7/5/2022 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 7/5/2022.) (mja) [Transferred from Oregon on 7/5/2022.]
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***Set CASE REFERRED Pro Se (non-inmate) Flag (EDC)
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Case assigned to Judge Brian A. Jackson and Magistrate Judge Scott D. Johnson. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC)
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Filing 51
Declaration of LYDIA MCCOY . Filed by Lydia McCoy. (Related document(s): Objections to Findings & Recommendation #50 .) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 50
Objections to Findings & Recommendation: Amended Complaint #18 #47 . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 49
Response to Findings & Recommendation: Amended Complaint #18 #47 . Filed by Steven Tureau. (Wilson, Jacqueline) [Transferred from Oregon on 7/5/2022.]
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Filing 48
ORDER referring Findings and Recommendation (ECF No. #47 ), the case and all pending motions to Judge Simon. Ordered on 5/17/2022 by Magistrate Judge Stacie F. Beckerman. (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 47
FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge DISMISS this case without prejudice to refiling in the proper venue, and DENY all pending motions as moot. Objections to the Findings and Recommendation are due by 5/31/2022. Signed on 5/17/2022 by Magistrate Judge Stacie F. Beckerman. (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 46
ORDER: The Court STAYS this case pending resolution of its Order to Show Cause (ECF No. 39 ). Defendants need not respond to Plaintiff's motions (ECF Nos. #42 , #44 ) at this time. Ordered on 5/17/2022 by Magistrate Judge Stacie F. Beckerman. (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 45
Declaration of Lydia McCoy . Filed by Lydia McCoy. (Related document(s): Motion to Appoint Counsel #44 .) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 44
Motion for Appointment of Counsel . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 43
Declaration of Lydia McCoy . Filed by Lydia McCoy. (Related document(s): Motion for Preliminary Injunction,, #42 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5-1, #7 Exhibit 5-2, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 42
Motion for Preliminary Injunction and Declaratory Relief. Filed by Lydia McCoy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5-1, #7 Exhibit 5-2, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 41
Declaration of Lydia McCoy . Filed by Lydia McCoy. (Related document(s): Memorandum in Opposition #40 .) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 40
Memorandum in Opposition to Order to Show Cause. Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 39
ORDER TO SHOW CAUSE: Plaintiff shall show cause in writing by May 16, 2022, why the Court should not dismiss or transfer this action for lack of proper venue under 28 U.S.C. 1391(b), as it appears the events giving rise to Plaintiff's claims did not occur in the District of Oregon. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (affirming district courts sua sponte dismissal of case for improper venue). Defendants need not file a response to this Order to Show Cause unless any defendant objects to dismissal or transfer for improper venue. All pending motions and deadlines are STAYED pending resolution of this Order to Show Cause. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 38
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Motion to Dismiss for Lack of Jurisdiction #30 . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 37
Motion to Strike Motion to Dismiss Motion to Dismiss for Lack of Jurisdiction #30 . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 36
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction #29 . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 35
Motion to Dismiss for Lack of Jurisdiction . Filed by Bridget Hanna, Jill Lambert, June Julien. (Krueger, Allyson) [Transferred from Oregon on 7/5/2022.]
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Filing 34
Declaration of Lydia McCoy . Filed by Lydia McCoy. (Related document(s): Motion to Strike #33 .) (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 33
Motion to Strike Motion to Dismiss for Lack of Jurisdiction #29 . Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 32
Motion for Extension of Time to Serve Defendants with Summons and Complaint. Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 31
Declaration of Jacqueline B. Wilson . Filed by Steven Tureau. (Related document(s): Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction #30 .) (Wilson, Jacqueline) [Transferred from Oregon on 7/5/2022.]
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Filing 30
Motion to Dismiss , Motion to Dismiss for Lack of Jurisdiction . Filed by Steven Tureau. (Attachments: #1 Exhibit A) (Wilson, Jacqueline) [Transferred from Oregon on 7/5/2022.]
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Filing 29
Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. Filed by Scott McCormick, Lorraine McCormick, Joseph McCoy. (kgc) [Transferred from Oregon on 7/5/2022.]
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Filing 28
ORDER: Defendants' June Julien and Jill Lambert's Motion for Extension of Time to Answer #26 is granted. Answer or other responsive pleading is due by 4/29/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (pvh) [Transferred from Oregon on 7/5/2022.]
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Filing 27
Declaration of Allyson S. Krueger in Support of Motion for Extension of Time to File First Responsive Pleading. Filed by June Julien, Jill Lambert. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #26 .) (Attachments: #1 Exhibit 1) (Krueger, Allyson) [Transferred from Oregon on 7/5/2022.]
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Filing 26
Motion for Extension of Time to Answer or File First Responsive Pleading. Filed by Jill Lambert, June Julien. (Krueger, Allyson) [Transferred from Oregon on 7/5/2022.]
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Filing 25
Summons Issued Electronically as to Louisiana Supreme Court and Louisiana court of appeal, first circuit. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kgc) [Transferred from Oregon on 7/5/2022.]
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Filing 24
Proposed Summons Louisiana supreme court Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 23
Proposed Summons Louisiana court of appeals first circuit Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 22
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 21
Summons Issued Electronically as to Gina Lee and Michelle Robicheaux. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kgc) [Transferred from Oregon on 7/5/2022.]
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Filing 20
Proposed Summons Michelle Robicheaux Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 19
Proposed Summons Gina Lee Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 18
Amended Complaint . Filed by Lydia McCoy against All Defendants. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 17
Summons Issued Electronically as to David Conachen, Bridget Hanna, June Julien, Jill Lambert, Lorraine McCormick, Scott McCormick, Joseph McCoy, Steven Tureau. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kgc) [Transferred from Oregon on 7/5/2022.]
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Filing 16
Proposed Summons David Conachen Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 15
Proposed Summons Joseph McCoy Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 14
Proposed Summons Jill Lambert Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 13
Proposed Summons Bridget Hanna Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 12
Proposed Summons June Julien Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 11
Proposed Summons Steven Tureau Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 10
Proposed Summons Scott McCormick Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing 9
Proposed Summons Lorraine McCormick Filed by Lydia McCoy. (McCoy, Lydia) [Transferred from Oregon on 7/5/2022.]
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Filing Fee in amount of $402.00 collected; Receipt No. 97217 issued. (fp) [Transferred from Oregon on 7/5/2022.]
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Filing 8
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Filing Fee Received. A Clerical error has been discovered in the case record: Entered in Error Payment was voided. The following corrections were made to the record: The entry is sealed. (dsg) [Transferred from Oregon on 7/5/2022.]
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Filing 7
ORDER: The check Plaintiff used to pay the filing fee was returned to the Court based on insufficient funds. Plaintiff shall submit the requisite fee or an application to proceed in forma pauperis within 30 days of the date of this order. Failure to either pay the fee or file a proper application to proceed in forma pauperis will result in the dismissal of this proceeding for failure to prosecute. The Clerk of Court is requested to send plaintiff the appropriate form. Ordered on 3/2/2022 by Magistrate Judge Stacie F. Beckerman. (Sent IFP application form to Plaintiff by e-mail) (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 6
ORDER: Granting Plaintiff's Application for CM/ECF Registration as a Self-Represented Party (ECF No. #5 ) and Denying Plaintiff's Application for CM/ECF Registration as a Self-Represented Party (ECF No. #4 ) as moot. Ordered by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to Plaintiff on 2/18/2022.) (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 5
Application for CM/ECF Registration as a Self-Represented Party. Filed by Lydia McCoy. (ecp) [Transferred from Oregon on 7/5/2022.]
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Filing 4
Application for CM/ECF Registration as a Self-Represented Party. (Titled as: "Motion for Electronic Filing Privileges.") Filed by Lydia McCoy. (sb) [Transferred from Oregon on 7/5/2022.]
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Filing Fee in amount of $402.00 collected; Receipt No. 96847 issued. (ljp) [Transferred from Oregon on 7/5/2022.]
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Filing 3
ORDER: Plaintiff shall submit the requisite fee or an application to proceed in forma pauperis within 30 days of the date of this order. Failure to either pay the fee or file a proper application to proceed in forma pauperis will result in the dismissal of this proceeding for failure to prosecute. The Clerk of Court is requested to send plaintiff the appropriate form. Ordered on 1/31/2022 by Magistrate Judge Stacie F. Beckerman. (Deposited order and IFP application form in outgoing mail to Plaintiff on 2/1/2022.) (gw) [Transferred from Oregon on 7/5/2022.]
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Filing 2
Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 01/31/2022.) (kgc) [Transferred from Oregon on 7/5/2022.]
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Filing 1
Complaint. (No IFP, No Fee Paid) Jury Trial Requested: Yes. Filed by Lydia McCoy against All Defendants (Attachments: #1 Civil Cover Sheet). (kgc) [Transferred from Oregon on 7/5/2022.]
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