MCCURDY v. TOWN OF BRUNSWICK et al
| PRESCOTT MCCURDY |
| TOWN OF BRUNSWICK, JOHN ELDRIDGE, OFFICER HODGDON, SGT BALESTRA, ATLANTIC COAST TOWING INC and CHARLES LOUNDER |
| 2:2023cv00154 |
| April 3, 2023 |
| US District Court for the District of Maine |
| LANCE E WALKER |
| KAREN FRINK WOLF |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 RESPONSE in Opposition re 9 MOTION for Writ of Replevin filed by CHARLES LOUNDER. Reply due by 5/16/2023. (Attachments: #1 Certificate of Service)(REGAN, RICHARD) |
| Filing 10 RESPONSE in Opposition re 9 MOTION for Writ of Replevin filed by ATLANTIC COAST TOWING INC. Reply due by 5/16/2023. (Attachments: #1 Certificate of Service)(REGAN, RICHARD) |
| Filing 9 MOTION for Writ of Replevin filed in State Court on 2/21/2023. **NO PDF ATTACHED - See ECF #4 -4 to view document** by PRESCOTT MCCURDY (mmy) |
| Filing 8 ANSWER to Complaint by ATLANTIC COAST TOWING INC. (Attachments: #1 Certificate of Service)(REGAN, RICHARD) |
| Filing 7 ANSWER to Complaint by CHARLES LOUNDER. (Attachments: #1 Certificate of Service)(REGAN, RICHARD) |
| Filing 6 NOTICE: Recently PRESCOTT MCCURDY filed a pleading in this Court without representation of an attorney. Information regarding representing yourself is available on the Court's website at #https://www.med.uscourts.gov/handout-self-represented-parties including a Handout for Self-Represented Parties. This handout is intended for informational and practical purposes only and in no way takes the place of an attorney's legal advice, but it may provide some answers to procedural and general questions. ALSO NOTE: You are responsible for notifying the Court in writing of any changes to your mailing address or telephone number and of any change in status regarding representation by an attorney. (cc: pro se litigant) (mmy) |
Filing 5
ORDER STRIKING the Answer and Response (ECF No. 4-12) and Objection to Plaintiff's Motion for Replevin (ECF No. 4-13) of Defendant Atlantic Coast Towing, Inc. ("Atlantic Coast"). Because "[c]orporations... must appear in court through an attorney," and a non-attorney is barred "from representing anyone else but himself or herself," Baines v. Bellows, No. 1:19-cv-00509-LEW, 2022 WL 137723, at *2 (D. Me. Jan. 14, 2022) (cleaned up), and these filings were made on Atlantic Coast's behalf by Brittany Verrill, who is neither an attorney nor a member of the Bar of this Court, they are stricken. Insofar as appears, Defendant Charles Lounder of Atlantic Coast has not as yet filed an answer. Therefore, Atlantic Coast is DIRECTED to file an answer through an attorney, and Lounder is DIRECTED to file an answer either through an attorney or on his own behalf, no later than May 3, 2023. Should Atlantic Coast and/or Lounder require additional time to answer or respond, either or both may request a conference with the Court. The Clerk's Office is DIRECTED to mail copies of this Order to Atlantic Coast and Lounder at the address where they were served. By MAGISTRATE JUDGE KAREN FRINK WOLF. (SD)
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| Set Answer Deadline re: Order #5 for ATLANTIC COAST TOWING INC and CHARLES LOUNDER: Answer due by 5/3/2023. (mmy) |
| Filing 4 STATE COURT RECORD with Affidavit by BALESTRA, JOHN ELDRIDGE, HODGDON, TOWN OF BRUNSWICK. (Attachments: #1 Exhibit 1 - Attested Docket Record, #2 Exhibit 2 - Civil Cover Sheet, #3 Exhibit 3 - Complaint/Replevin, #4 Exhibit 4 - Pl's Mot for Writ of Replevin, #5 Exhibit 5 - Summons for Defendants Town of Brunswick & John Eldridge, #6 Exhibit 6 - Summons for Defendant Sgt. Balestra, #7 Exhibit 7 - Summons for Defendant Officer Hodgdon, #8 Exhibit 8 - Summons for Defendants Atlantic Coast Towing & Charles Lounder, #9 Exhibit 9 - Town Defs' Answer and Affirmative Defenses, #10 Exhibit 10 - Town Defs' Amended Answer and Affirmative Defenses, #11 Exhibit 11 - Town Defs' Mot to Enlarge Time to Respond to Mot for Writ of Replevin, #12 Exhibit 12 - Atlantic Coast Towing's Answer and Response, #13 Exhibit 13 - Atlantic Coast Towing's Objection to Pl's Mot for Replevin, #14 Exhibit 14 - Town Defs' Opposition to Mot for Writ of Replevin, #15 Exhibit 15 - Notice of Removal)(KNOWLES, ALLYSON) |
| Filing 3 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 4/17/2023. By DEPUTY CLERK: M. York (mmy) |
| Filing 2 CIVIL COVER SHEET. (mmy) |
| Filing 1 NOTICE OF REMOVAL with State Court Pleadings Complaint from Cumberland County Superior Court, case number PENSC-CV-2023-00069. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by OFFICER HODGDON, SGT BALESTRA, JOHN ELDRIDGE, TOWN OF BRUNSWICK. (Service of Process Deadline 7/3/2023) Fee due by 4/5/2023.(mmy) |
| Set Answer Deadline for TOWN OF BRUNSWICK, JOHN ELDRIDGE, OFFICER HODGDON, SGT BALESTRA: Answer due by 4/10/2023. (mmy) |
| Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2781345.), filed by HODGDON, BALESTRA, JOHN ELDRIDGE, TOWN OF BRUNSWICK.(WALL, JOHN) |
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