Wells v. Wells Fargo Bank
Plaintiff: Kevin Eugene Wells
Defendant: Wells Fargo Bank
Case Number: 1:2018cv00304
Filed: September 21, 2018
Court: US District Court for the Southern District of Mississippi
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
Nature of Suit: P.I.: Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2018 Opinion or Order TEXT ONLY ORDER denying without prejudice as premature Plaintiff Kevin Eugene Wells' Motion for Summary Judgment #10 in light of the Magistrate's Order Regarding Service of Process #12 which found that service of process prepared by Plaintiff did not designate Defendant Wells Fargo Bank's registered agent for service of process, and directed the Court Clerk to prepare a summons with the proper agent for process and deliver said summons to the United States Marshal Service for service. Therefore, Plaintiff's Motion is premature. Plaintiff may refile his Motion for Summary Judgment after Defendant has been served and its time to file an answer has expired. NO FURTHER WRITTEN ORDER SHALL ISSUE REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on November 16, 2018. (BGL)
November 16, 2018 Filing 13 Summons Issued as to Wells Fargo Bank. (RLW)
November 16, 2018 Opinion or Order Filing 12 ORDER: Clerk shall prepare a summons directed to Defendant Wells Fargo Bank c/o Corporation Service Company. Clerk shall deliver the summons and copy of the Amended Complaint to the United States Marshals Service. The Marshals Service is ordered to serve process on the Defendant and file proof of service. Signed by Magistrate Judge John C. Gargiulo on 11/16/18. (RLW) (Main Document 12 replaced on 11/16/2018) (RLW). Modified on 11/16/2018 to add Amended (RLW).
November 2, 2018 Filing 11 NOTICE of Filing of Additional Exhibit by Kevin Eugene Wells re #10 MOTION for Summary Judgment (Attachments: #1 Case Law) (RLW)
October 29, 2018 Filing 10 MOTION for Summary Judgment by Kevin Eugene Wells (Attachments: #1 Exhibit A - Publication Citation; and Exhibit B - Copy of Debit Card, Business Card and List of Names) (RLW)
October 22, 2018 Opinion or Order TEXT ONLY ORDER denying without prejudice as premature Plaintiff Kevin Eugene Wells' Motion for Summary Judgment #9 in that the Motion cites Federal Rule of Civil Procedure 12(c) as the authority for the Court to issue a judgment on the pleadings. Rule 12(c) provides that a party may move for judgment on the pleadings "after the pleadings are closed - but early enough not to delay trial." Therefore, Plaintiff's Rule 12(c) Motion is premature because the pleadings have not closed, in fact the docket reflects that Defendant's answer is not due until October 26, 2018. Plaintiff may refile his Rule 12(c) motion after the pleadings close. NO FURTHER WRITTEN ORDER SHALL ISSUE REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on October 22, 2018. (BGL)
October 19, 2018 Filing 9 MOTION for Summary Judgment by Kevin Eugene Wells (RLW)
October 17, 2018 Filing 8 AMENDED COMPLAINT against Wells Fargo Bank, filed by Kevin Eugene Wells. (RLW)
October 12, 2018 Filing 7 SUMMONS Returned Executed by Kevin Eugene Wells. Wells Fargo Bank served on 10/5/2018, answer due 10/26/2018. (RLW)
October 5, 2018 Filing 6 NOTICE of Filing of Additional Evidence by Kevin Eugene Wells re #1 Complaint (Attachments: #1 Exhibit A - Pictures, #2 Exhibit B - USB Flash Drive) (Ex. A and B maintained in court file) (RLW)
September 26, 2018 Filing 5 Summons Issued as to Wells Fargo Bank. (RLW)
September 26, 2018 Filing 4 NOTICE of Filing of Additional Evidence, by Kevin Eugene Wells re #1 Complaint (Attachments: #1 Exhibit A - Partial Abstraction) (RLW)
September 24, 2018 Opinion or Order Filing 3 ORDER *RESTRICTED* granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge John C. Gargiulo on 9/24/2018 (AG)
September 21, 2018 Filing 2 *RESTRICTED* MOTION for Leave to Proceed in forma pauperis by Kevin Eugene Wells (Attachments: #1 SSA Letter re Current Social Security Benefits) (RLW)
September 21, 2018 Filing 1 COMPLAINT, with jury demand, against Wells Fargo Bank, filed by Kevin Eugene Wells (Attachments: #1 Civil Cover Sheet, #2 Sedgwick's 6/5/18 Letter, #3 Notice of Assignment) (RLW)

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Plaintiff: Kevin Eugene Wells
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Defendant: Wells Fargo Bank
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