Gendron v. McCoy et al
Plaintiff: Derek P. Gendron
Defendant: Gregory J. McCoy and Cunningham Dalman PC
Case Number: 1:2022cv00376
Filed: April 27, 2022
Court: US District Court for the Western District of Michigan
Office: Southern Division (1) Office
Presiding Judge: Phillip J Green
Referring Judge: Robert J Jonker
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2022 Opinion or Order Filing 56 ORDER granting #55 motion for extension of time to file a response; deadline is 7/15/2022; signed by Magistrate Judge Phillip J. Green (jkw)
June 14, 2022 Filing 55 SECOND MOTION for extension of time to file response/reply by plaintiff Derek P. Gendron (Attachments: #1Attachment-Certificate of Service, #2 Attachment-Proposed Order) (Gendron, Derek) Modified text on 6/14/2022 (pjw).
June 7, 2022 Copy of Order on Motion for Leave to File and Receive Notice Electronically #53 , Order on Motion for Extension of Time to File Response/Reply #54 sent via U.S. Mail to Derek P. Gendron (klb)
June 6, 2022 Opinion or Order Filing 54 ORDER granting #42 motion for extension of time to file response/reply re #33 ; signed by Magistrate Judge Phillip J. Green (jkw)
June 6, 2022 Opinion or Order Filing 53 ORDER granting #41 motion for leave to file and receive notice electronically; signed by Magistrate Judge Phillip J. Green (jkw)
June 6, 2022 Opinion or Order Filing 52 ORDER referring case to CASE EVALUATION; signed by Magistrate Judge Phillip J. Green (jkw)
June 6, 2022 Opinion or Order Filing 51 CASE MANAGEMENT ORDER: discovery to be completed by 2/28/2023; dispositive motions due by 3/28/2023; settlement conference set for 7/10/2023 at 09:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 9/12/2023 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; jury trial set for 9/26/2023 at 08:30 AM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; signed by Magistrate Judge Phillip J. Green (jkw)
June 6, 2022 Copy of Case Management Order,, #51 , Order Referring Case to Case Evaluation #52 sent via U.S. Mail to Derek P. Gendron (eod)
May 31, 2022 Filing 50 CHANGE OF ADDRESS for plaintiff Derek P. Gendron to 2180 Hospitality Lane Murfreesboro, TN 37128 with certificate of service (eod) Modified on 6/1/2022 (eod)
May 31, 2022 Filing 49 STATEMENT OF CASE by plaintiff Derek P. Gendron (eod)
May 31, 2022 Filing 48 SIGNATURE PAGE submitted by plaintiff Derek P. Gendron for UNSIGNED PRO SE MOTION for leave to file and receive service electronically with certificate of service #41 , UNSIGNED MOTION for extension of time to file response/reply re #33 with certificate of service #42 , Conditional Order Striking Pleading or Other Paper, #43 with certificate of service (eod) Modified text on 6/1/2022 (eod)
May 27, 2022 Filing 47 MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 scheduling conference via Video; CMO to issue; Plaintiff's motions granted; order to issue (Proceedings Digitally Recorded) (ald)
May 26, 2022 Filing 46 CERTIFICATE OF SERVICE by defendants Cunningham Dalman PC, Gregory J. McCoy re Joint Status Report (Rule 16) #45 (Saperstein, David)
May 25, 2022 Filing 45 STATUS REPORT Supplement (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Saperstein, David) Modified text on 5/26/2022 (eod)
May 23, 2022 Filing 44 CERTIFICATE OF SERVICE by defendants Cunningham Dalman PC, Gregory J. McCoy re Order on Stipulation and Proposed Order #40 (Saperstein, David)
May 20, 2022 Copy of Conditional Order Striking Pleading or Other Paper, #43 sent via U.S. Mail to Derek P. Gendron (mlc)
May 19, 2022 Opinion or Order Filing 43 CONDITIONAL ORDER striking UNSIGNED PRO SE MOTION for leave to file and receive service electronically with certificate of service #41 , UNSIGNED MOTION for extension of time to file response/reply re #33 with certificate of service #42 unless the filing party submits a signature page within 21 days; signed by Magistrate Judge Phillip J. Green (Attachments: #1 Attachment) (jkw)
May 19, 2022 Filing 42 MOTION for extension of time to file response/reply re #33 with certificate of service by plaintiff Derek P. Gendron; (Attachments: #1 Proposed Order) (jjm) Modified text on 5/19/2022 (jjm) Modified text on 6/7/2022 (eod)
May 19, 2022 Filing 41 PRO SE MOTION for leave to file and receive service electronically with certificate of service by plaintiff Derek P. Gendron; (Attachments: #1 Proposed Order) (jjm) Modified text on 5/19/2022 (jjm) Modified text on 6/7/2022 (eod)
May 16, 2022 Copy of Order on Stipulation and Proposed Order #40 sent via U.S. Mail to Richard C. Mangelsdorf (klb)
May 16, 2022 Copy of Order on Stipulation and Proposed Order #40 sent via U.S. Mail to Derek P. Gendron (klb)
May 13, 2022 Opinion or Order Filing 40 ORDER granting STIPULATION #38 ; signed by Magistrate Judge Phillip J. Green (jkw)
May 12, 2022 Filing 39 CERTIFICATE OF SERVICE by defendants Cunningham Dalman PC, Gregory J. McCoy re Proposed Stipulation and Order Re Substitution of Counsel by defendants Cunningham Dalman PC, Gregory J. McCoy #38 , Certificate of Service, #37 (Saperstein, David) Modified text on 5/13/2022 (eod)
May 11, 2022 Filing 38 PROPOSED STIPULATION and ORDER Re Substitution of Counsel by defendants Cunningham Dalman PC, Gregory J. McCoy (Saperstein, David)
May 11, 2022 Filing 37 CERTIFICATE OF SERVICE by defendants Cunningham Dalman PC, Gregory J. McCoy re Brief in Support of a Motion, #34 , Answer to Complaint #32 , Certificate of Compliance Regarding Word Count #36 , MOTION to dismiss #33 , Certificate Regarding Motion Concurrence #35 (Saperstein, David) Modified text on 5/11/2022 (eod)
May 10, 2022 Filing 36 CERTIFICATE of compliance re word count for Brief in Support of a Motion, #34 with certificate of service filed by Cunningham Dalman PC, Gregory J. McCoy (Saperstein, David) Modified text on 5/10/2022 (slk).
May 10, 2022 Filing 35 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss #33 with certificate of service filed by Cunningham Dalman PC, Gregory J. McCoy (Saperstein, David) Modified text on 5/10/2022 (slk).
May 10, 2022 Filing 34 BRIEF in support of MOTION to dismiss #33 with certificate of service filed by Cunningham Dalman PC, Gregory J. McCoy (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33) (Saperstein, David) Modified text on 5/10/2022 (slk).
May 10, 2022 Filing 33 MOTION to dismiss with certificate of service by defendants Cunningham Dalman PC, Gregory J. McCoy; (Saperstein, David) Modified text on 5/10/2022 (slk).
May 10, 2022 Filing 32 DEFENDANTS' ANSWER to complaint with affirmative defenses and certificate of service by Cunningham Dalman PC, Gregory J. McCoy (Saperstein, David) Modified text on 5/10/2022 (slk).
May 5, 2022 Filing 31 CERTIFICATE OF SERVICE by defendants Cunningham Dalman PC, Gregory J. McCoy re Attorney Appearance (Saperstein, David)
May 3, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of David M. Saperstein on behalf of defendants Cunningham Dalman PC, Gregory J. McCoy (Saperstein, David)
April 28, 2022 Opinion or Order Filing 30 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 5/27/2022 at 10:30 AM by video before Magistrate Judge Phillip J. Green; status report due by 5/24/2022; signed by Magistrate Judge Phillip J. Green (jkw)
April 28, 2022 Copy of Order Setting Rule 16 Scheduling Conference #30 sent via U.S. Mail to Derek P. Gendron and Richard C. Mangelsdorf (eod)
April 27, 2022 Opinion or Order Filing 29 ORDER REFERRING CASE to Magistrate Judge Philip J. Green; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
April 27, 2022 Filing 28 ATTORNEY ADMISSION LETTER sent to attorney Richard C. Mangelsdorf, Jr.; attorney admission deadline set for 5/25/2022; (ns)
April 27, 2022 Filing 27 NOTICE of receipt of case (ns)
April 27, 2022 Filing 26 CASE TRANSFERRED IN from Tennessee Middle, their case number 3:21-cv-00717; the documents listed above were electronically transferred to the Western District of Michigan (ns)
April 27, 2022 Copy of Order Referring Case to Magistrate Judge #29 sent via U.S. Mail to Derek P. Gendron and Richard C. Mangelsdorf, Jr. (ns)
April 27, 2022 Copy of Receipt of Case Notice #27 sent via U.S. Mail to Derek P. Gendron and Richard C. Mangelsdorf, Jr. (ns)
April 26, 2022 Opinion or Order Filing 25 ORDER: The Report and Recommendation (Doc. No. #24 ) is ACCEPTED and APPROVED. The Amended Motion to Dismiss for Lack of Personal Jurisdiction (Doc. No. #11 ) is DENIED AS MOOT. This action is hereby TRANSFERRED to the United States District Court for the Western District of Michigan pursuant to 28 U.S.C. 1404(a). Upon transferring the case, the Clerk will close the file in this Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/26/2022. (xc:Pro se party by regular mail.)(ln) [Transferred from Tennessee Middle on 4/27/2022.] Modified text on 4/27/2022 (ns).
April 1, 2022 Filing 24 REPORT AND RECOMMENDATION: This matter is before the Court upon Defendants' Amended Motion to Dismiss. Docket No. #11 . For the reasons discussed herein, the undersigned finds that there is no basis for the Court to exercise personal jurisdiction over the Defendants in this matter. The undersigned further recommends that the matter be transferred to the Western District of Michigan pursuant to 28 U. S. C. 1404(a). Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14) days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Signed by Magistrate Judge Jeffery S. Frensley on 4/1/2022. (xc:Pro se party by regular mail.) /B>(ln) [Transferred from Tennessee Middle on 4/27/2022.] Modified text on 4/27/2022 (ns).
December 9, 2021 Filing 23 REPLY filed by Cunningham Dalman PC re #21 Response to Motion filed by Derek P. Gendron. (Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
December 8, 2021 Opinion or Order Filing 22 ORDER: For the reasons set forth herein, the Plaintiff's Motion for Sanctions (Docket No. #18 ) is DENIED. The Court finds that the Defendants have complied with the Local Rules and that the concerns regarding service were not made in bad faith and have since been remedied. Signed by Magistrate Judge Jeffery S. Frensley on 12/8/2021. (xc:Pro se party by regular mail.)(ln)[Transferred from Tennessee Middle on 4/27/2022.] Modified text on 4/27/2022 (ns).
December 2, 2021 Filing 21 AMENDED REPLY to #11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Derek P. Gendron. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
November 19, 2021 TN State Bar status verified as active for Richard C. Mangelsdorf, Jr admitted to this court. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
November 18, 2021 Filing 20 MEMORANDUM in Support of #19 Response in Opposition to Motion filed by Cunningham Dalman PC, Gregory J. McCoy . (Attachments: #1 Exhibit 1 Letter from Derek Gendron, dated October 29, 2021, #2 Exhibit 2 Letter from Chuck Mangelsdorf, dated October 29, 2021)(Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
November 18, 2021 Filing 19 RESPONSE in Opposition re #18 MOTION for Sanctions filed by Cunningham Dalman PC. (Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
November 12, 2021 Filing 18 MOTION for Sanctions by Derek P. Gendron. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
November 11, 2021 Filing 17 REPLY filed by Cunningham Dalman PC, Gregory J. McCoy re #16 Response in Opposition to Motion filed by Derek P. Gendron. (Attachments: #1 Exhibit 1 Screenshot of webpage)(Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
November 8, 2021 Filing 16 RESPONSE re #11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Derek P. Gendron. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
November 3, 2021 Opinion or Order Filing 15 ORDER: the Plaintiff's Motion for Electronic Case Filing Authorization (Docket No. #14 ) is DENIED without PREJUDICE to refile after the Plaintiff has completed any training or other requirements of the Clerk of Court. Signed by Magistrate Judge Jeffery S. Frensley on 11/3/2021. (xc:Pro se party by regular mail. ) (bs) [Transferred from Tennessee Middle on 4/27/2022.] Modified text on 4/27/2022 (ns).
November 1, 2021 Filing 14 MOTION for Electronic Case Filing Authorization by Derek P. Gendron. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
October 26, 2021 Opinion or Order Filing 13 ORDER: MOTION #10 to Strike Motion #8 to Dismiss for Lack of Personal Jurisdiction GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 10/26/2021. (xc:Pro se party by regular mail.)(ln) [Transferred from Tennessee Middle on 4/27/2022.]
October 25, 2021 Filing 12 MEMORANDUM in Support of #11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Cunningham Dalman PC . (Attachments: #1 Exhibit Affidavit of McCoy, #2 Exhibit Affidavit of VanderVeen)(Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
October 25, 2021 Filing 11 Amended MOTION to Dismiss for Lack of Jurisdiction by Cunningham Dalman PC. (Mangelsdorf, Richard) [Transferred from Tennessee Middle on 4/27/2022.]
October 25, 2021 Filing 10 MOTION to Strike Motion to Dismiss for Lack of Personal Jurisdiction by Cunningham Dalman PC. (Mangelsdorf, Richard) Modified text on 10/26/2021 (ln). [Transferred from Tennessee Middle on 4/27/2022.]
October 25, 2021 NOTICE TO FILER re DE#8 -1: The wrong event was used. The correct event should be Other Documents/Memorandum in Support. Counsel shall re-file the document. Also, Counsel who signed this pleading shall re-file this document using his or her own CM/ECF filing credentials. (ln) Modified on 10/25/2021 (ln). [Transferred from Tennessee Middle on 4/27/2022.]
October 25, 2021 NOTICE TO FILER re DE#8 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
October 22, 2021 Filing 9 ****DISREGARD. Documents at #8 were disregarded due to no signature on Motion.**** CERTIFICATE of Service (additional address added to original certificates for Doc. No. 8) filed by Cunningham Dalman PC re #8 MOTION to Dismiss for Lack of Jurisdiction filed by Cunningham Dalman PC. (Mangelsdorf, Richard) Modified on 10/25/2021 (ln). [Transferred from Tennessee Middle on 4/27/2022.]
October 22, 2021 Filing 8 ****DISREGARD. FILED IN ERROR. ATTORNEY TO RE-FILE.**** MOTION to Dismiss for Lack of Jurisdiction by Cunningham Dalman PC. (Attachments: #1 Attachment Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Affidavit of Gregory J. McCoy, #3 Exhibit B - Affidavit of Ronald J. VanderVeen)(Mangelsdorf, Richard) Modified on 10/25/2021 (ln). [Transferred from Tennessee Middle on 4/27/2022.]
October 13, 2021 Filing 7 SUMMONS returned executed by Derek P. Gendron. Cunningham Dalman PC served on 10/1/2021. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
October 13, 2021 Filing 6 SUMMONS returned executed by Derek P. Gendron. Gregory J. McCoy served on 10/1/2021. (Attachments: #1 Attachment 1 - Cover Letter (updating mailing address))(ln) [Transferred from Tennessee Middle on 4/27/2022.]
September 27, 2021 Filing 5 Summons issued as to Cunningham Dalman PC and Gregory J. McCoy. Service copies returned to Plaintiff at Intake window. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
September 21, 2021 Opinion or Order Filing 4 ORDER REFERRING CASE: Accordingly, this action is REFERRED to the Magistrate Judge to oversee service of process, enter a scheduling order for the management of the case, dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and conduct further proceedings, if necessary, under Rule 72 of the Federal Rules of Civil Procedure and the Local Rules of Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/21/2021. (xc:Pro se party by regular mail.) (ln) [Transferred from Tennessee Middle on 4/27/2022.] Modified text on 4/27/2022 (ns).
September 15, 2021 Filing 3 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
September 15, 2021 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) [Transferred from Tennessee Middle on 4/27/2022.]
September 15, 2021 Filing 1 COMPLAINT against Cunningham Dalman PC and Gregory J. McCoy (Filing fee $402, Receipt number 34675063611) filed by Derek P. Gendron. (Attachments: #1 Attachment 1 - Receipt for Filing Fee)(ln) [Transferred from Tennessee Middle on 4/27/2022.]
September 15, 2021 Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included). (ln) [Transferred from Tennessee Middle on 4/27/2022.]

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Plaintiff: Derek P. Gendron
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Defendant: Gregory J. McCoy
Represented By: Richard C. Mangelsdorf, Jr.
Represented By: David M. Saperstein
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Defendant: Cunningham Dalman PC
Represented By: Richard C. Mangelsdorf, Jr.
Represented By: David M. Saperstein
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