Martin v. St. Louis County et al
| Donald Martin |
| St Louis County, Guard Law Group LLC, J & M Securities LLC, Century Group Inc. and PNC Bank |
| 4:2022cv00608 |
| June 6, 2022 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER OF DISMISSAL. In accord with the Memorandum and Order issued this day, the Court dismisses this case with prejudice. Signed by District Judge Stephen R. Clark on 7/8/2022. (CLT)
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Filing 50
MEMORANDUM AND ORDER: The Court grants the #17 #20 #29 #37 motions to dismiss the complaint for failure to state a claim and dismisses the complaint with prejudice. A separate order of dismissal accompanies this Memorandum and Order. Signed by District Judge Stephen R. Clark on 7/8/2022. (CLT)
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ORDER RECEIPT: (see receipt) Docket No: 50, 51. Fri Jul 8 12:28:08 CDT 2022 (Thoele, Cassandra)
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| Filing 49 NOTICE Attorney Appearance: by Defendant PNC Bank (Mihelick, Travis) |
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Filing 48
Docket Text ORDER: The Court grants the #47 MOTION for Leave to Appear Pro Hac Vice. Signed by District Judge Stephen R. Clark on 6/8/2022. (LNJ)
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ORDER RECEIPT: (see receipt) Docket No: 48. Mailed to party not set up for electronic delivery. Wed Jun 8 14:04:57 CDT 2022 (Jones, Lauren)
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| Filing 47 MOTION for Leave to Appear Pro Hac Vice J. Travis Mihelick. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9333612) by Defendant PNC Bank. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(Mihelick, Travis) |
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Filing 46
Docket Text ORDER: Because "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)," the Court denies Plaintiff's #42 motion for production of documents. Fed. R. Civ. P. 26(d). Signed by District Judge Stephen R. Clark on 6/6/22. (JAB)
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| Filing 45 Case transferred in from District of Illinois Central; Case Number 3:21-cv-03209. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
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Filing 44
ORDER entered by Judge Sue E. Myerscough on 6/1/2022. This case is TRANSFERRED to the Eastern District of Missouri, Eastern Division. (SEE WRITTEN ORDER) (MAS)
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| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Jun 6 16:08:09 CDT 2022 (admin,) |
| ***REMARK Attorney Lucas Guard directed to update his information in PACER. (JKL) |
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ORDER RECEIPT: (see receipt) Docket No: 46. Mailed to party not set-up for electronic notification Mon Jun 6 17:07:01 CDT 2022 (Bernsen, John)
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| Case Opening Notification. Judge Assigned: Honorable Stephen R. Clark. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JKL) |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JKL) |
| Filing 43 RESPONSE to Motion re #42 MOTION to Produce Defendant St. Louis County Circuit Court's Acknowledgment of Plaintiff's Motion for Production of Documents filed by Defendant St. Louis County. (Kaufmann, Stephen) |
| Filing 42 MOTION for the Production of Documents and Electronic Stored Information Pursuant to Fed. R. Civ. P. 26d2 Early Rule 34 Request by Plaintiff Donald Martin. Responses due by 5/5/2022 (MAS) |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 11, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)
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| Filing 41 RESPONSE to #37 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Donald Martin. (Document titled "Plaintiff's Motion to Deny Guard Law Group LLC - Lucas G. Guard Motion to Dismiss Pursuant to 12b6") (MAS) |
| Filing 40 RULE 12(C) NOTICE entered regarding #37 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and conventionally mailed to Donald Martin, 904 Westview Drive, Springfield, IL 62704 (MAS) |
| Filing 39 NOTICE of Appearance of Attorney by Lucas G Guard on behalf of Guard Law Group LLC (Guard, Lucas) |
| Filing 38 MEMORANDUM in Support re #37 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Guard Law Group LLC. (Attachments: #1 Exhibit Docket Entries from Missouri State Court action)(Guard, Lucas) Modified on 1/13/2022 to reflect proper party (BMG). |
| Filing 37 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Guard Law Group LLC. Responses due by 1/26/2022 (Guard, Lucas) |
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TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion for Defendant's Information Relative to Criminal Action #26 is DENIED. Discovery of information is governed by Fed. R. Civ. P. 26-37. Plaintiff should review the rules and comply. Further, a party may not serve a discovery request in this case until the parties have conducted a Rule 26(f) discovery conference. Fed. R. Civ. P. 26(d)(1) and 26(f). Plaintiff's Motion for Subpoena #13 is DENIED as moot. See Alias Summons issued #28 . Entered by Magistrate Judge Tom Schanzle-Haskins on 1/5/2022. (MAS)
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| Filing 36 Response by Donald Martin to #34 Defendant's Memorandum in Opposition. (MAS) |
| Filing 35 ALIAS SUMMONS Returned Executed by Donald Martin. Guard Law Group LLC served on 12/22/2021, answer due 1/12/2022. (MAS) |
| Filing 34 MEMORANDUM In Opposition re #26 MOTION by Century Group Inc., J & M Securities LLC. (Mitten, Nelson) |
| Filing 33 RESPONSE to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Donald Martin. (Document titled "Plaintiff's Motion to Deny J & M Securities, LLC and The Century Group Inc. Motion to Dismiss") (MAS) |
| Filing 32 RULE 12(C) NOTICE entered and conventionally mailed to Donald Martin, 904 Westview Drive, Springfield, IL 62704 (MAS) |
| Filing 31 REPLY to Response to Motion regarding #26 MOTION filed by Plaintiff Donald Martin. (MAS) |
| Filing 30 MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Century Group Inc., J & M Securities LLC. (Attachments: #1 Exhibit Exhibits A, B, C)(Mitten, Nelson) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Century Group Inc., J & M Securities LLC. Responses due by 1/3/2022 (Mitten, Nelson) |
| Filing 28 Alias Summons Issued as to Guard Law Group LLC and returned to the plaintiff. (MAS) |
| Filing 27 RESPONSE to Motion re #26 MOTION (Defendant St. Louis County Circuit Court's Response to Plaintiff's Motion for Defendant's Information Relative to Criminal Action) filed by Defendant St. Louis County. (Kaufmann, Stephen) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant J&M Securities LLC's (J&M) Motion for Extension of Time #15 (Motion) is ALLOWED. Plaintiff is presumed to have no objection because he did not respond to the Motion within 14 days of service. Local Rule 7.1(B)(2). Defendant J&M is given until 12/17/2021 to respond to the Plaintiff's Amended Pro Se Civil Rights Complaint #6 . (LB) |
| Filing 26 MOTION for Defendant's Information Relative to Criminal Action by Plaintiff Donald Martin. Responses due by 12/27/2021 (MAS) |
| Filing 25 RESPONSE to #17 PNC Bank's MOTION to Dismiss filed by Plaintiff Donald Martin. (MAS) |
| Filing 24 RESPONSE to #20 (Defendant St. Louis County Circuit Court's Motion to Dismiss Plaintiff's Amended Pro Se Civil Rights Complaint) filed by Plaintiff Donald Martin. (MAS) |
| Filing 23 RULE 12(C) NOTICE entered re #20 MOTION to Dismiss (Defendant St. Louis County Circuit Court's Motion to Dismiss Plaintiff's Amended Pro Se Civil Rights Complaint), and #17 MOTION to Dismiss (GL) |
| Filing 22 NOTICE of Appearance of Attorney by Abby Lynn Sgro on behalf of St. Louis County (Sgro, Abby) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss (Defendant St. Louis County Circuit Court's Motion to Dismiss Plaintiff's Amended Pro Se Civil Rights Complaint) filed by Defendant St. Louis County. (Kaufmann, Stephen) |
| Filing 20 MOTION to Dismiss (Defendant St. Louis County Circuit Court's Motion to Dismiss Plaintiff's Amended Pro Se Civil Rights Complaint) by Defendant St. Louis County. Responses due by 12/14/2021 (Kaufmann, Stephen) |
| Filing 19 NOTICE of Appearance of Attorney by Stephen R Kaufmann on behalf of St. Louis County (Kaufmann, Stephen) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss filed by Defendant PNC Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Binetti, Timothy) |
| Filing 17 MOTION to Dismiss by Defendant PNC Bank. Responses due by 12/14/2021 (Binetti, Timothy) |
| Filing 16 NOTICE of Appearance of Attorney by Timothy Lawrence Binetti on behalf of PNC Bank (Binetti, Timothy) |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #6 Amended Complaint by Defendants Century Group Inc., J & M Securities LLC. Responses due by 12/8/2021 (Mitten, Nelson) |
| Filing 14 NOTICE of Appearance of Attorney by Nelson Lewis Mitten on behalf of Century Group Inc., J & M Securities LLC (Mitten, Nelson) |
| Filing 13 MOTION for Issuance of Subpoena by Plaintiff Donald Martin. Responses due by 12/7/2021 (ME) |
| Filing 12 Summons Returned Unexecuted by Donald Martin as to Guard Law Group LLC. (MAS) |
| Filing 11 SUMMONS Returned Executed by Donald Martin. PNC Bank served on 11/9/2021, answer due 11/30/2021. (MAS) |
| Filing 10 SUMMONS Returned Executed by Donald Martin. St. Louis County served on 11/9/2021, answer due 11/30/2021. (MAS) |
| Filing 9 SUMMONS Returned Executed by Donald Martin. J & M Securities LLC served on 11/9/2021, answer due 11/30/2021. (MAS) |
| Filing 8 SUMMONS Returned Executed by Donald Martin. Century Group Inc. served on 11/4/2021, answer due 11/26/2021. (ME) |
| Filing 7 Summonses Issued as to Century Group Inc.; Guard Law Group LLC; J & M Securities LLC; PNC Bank and St. Louis County. (MAS) |
| Filing 6 AMENDED COMPLAINT against St. Louis County, Circuit Court; Century Group Inc.; Guard Law Group LLC; J & M Securities LLC and PNC Bank, filed by Donald Martin.(MAS) |
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TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiffs Motion for Leave to File Pro Se Civil Rights Complaint Amended #4 (Motion) is ALLOWED. Plaintiff may amend his complaint one time without leave of Court at this stage of the case. Fed. R. Civ. P. 15(a)(1). The proposed Amended Complaint attached to the Motion, however, only contained new claims against new defendants and did not include the original claims against the original defendants. The Court orders Plaintiff to file by 11/15/2021 a new, signed Amended Complaint that includes all of the Plaintiff's claims against all Defendants in a single document. The Clerk shall then issue summons to Plaintiff for each Defendant. Plaintiff is then required to serve each Defendant with the appropriate summons and copy of the new Amended Complaint in accordance with Federal Rule of Civil Procedure 4. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/1/2021. (MAS)
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TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Pro se Plaintiff's Motion to Request Counsel #3 is DENIED. The Court notes that civil litigants have no constitutional or statutory right to be represented by counsel in federal court. Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir., 1995). The decision to appoint counsel lies within the broad discretion of the Court. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir., 1992). The Plaintiff has not shown any attempt to retain counsel. The Court grants pro se litigants wide latitude in the handling of their lawsuits. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/1/2021. (MAS)
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| Filing 5 Exhibits regarding #1 Complaint by Donald Martin. (MAS) |
| Filing fee of $ 402.00 paid, receipt number 34626012754. (MAS) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Before the Court is pro se Plaintiff's Application to Proceeding District Court Without Prepaying Fees or Costs #2 . In reviewing the Application, the Court notes that based upon what is shown, Plaintiff's income exceeds his expenses by $604.00 per month and that Plaintiff has $800.00 in bank accounts. Plaintiff's Application #2 is DENIED. Plaintiff directed to pay filing fee on or before 11/18/2021 or risk the dismissal of this case. Alternatively, Plaintiff may file any additional financial information he would like the Court to consider. Entered on 10/18/2021. (ME) |
| Filing 4 MOTION for Leave to File Amended Complaint by Plaintiff Donald Martin. Responses due by 10/18/2021 (MAS) |
| Filing 3 MOTION to Request Counsel by Plaintiff Donald Martin. Responses due by 10/13/2021 (MAS) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Donald Martin. Responses due by 10/13/2021 (MAS) |
| Filing 1 COMPLAINT against Circuit Court of St. Louis County, Lucas George Guard and J & M Securities LLC, filed by Donald Martin.(MAS) |
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