Lesane v. Breeden et al
| Shaquan Lavena Lesane |
| Sam Hamadani, Gerald Baker, Jonathan Breeden and Jeffery Edwards, Jr. |
| 5:2020cv00670 |
| December 14, 2020 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 JUDGMENT - In accordance with the court's order entered June 3, 2021, and for the reasons set forth more specifically therein, the court GRANTS defendants' motions to dismiss. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 6/3/2021. (Collins, S.) |
Filing 38
ORDER granting #32 Motion to Dismiss for Failure to State a Claim; granting #32 Motion to Dismiss for Lack of Jurisdiction; denying #17 Motion for Default Judgment; granting #18 Motion to Dismiss for Failure to State a Claim; granting #18 Motion to Dismiss for Lack of Jurisdiction; granting #23 Motion to Dismiss for Failure to State a Claim. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 6/3/2021. (A copy of this Order was sent via US mail to Shaquan Lavena Lesane at 6325 Falls of the Neuse Rd., Suite 391, Raleigh, NC 27615.) (Collins, S.)
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| Filing 37 REDACTION to #36 SEALED DOCUMENT - IRS Form 56 Notice Concerning Fiduciary Relationship by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 36 SEALED DOCUMENT - IRS Form 56 Notice Concerning Fiduciary Relationship filed by Shaquan Lavena Lesane. (Attachments: #1 Copy of docket sheet, #2 Inner Envelope, #3 Outer Envelope) (Collins, S.) Modified on 5/13/2021 to seal main document due to confidential identifying information. (Collins, S.). |
| Notice regarding #36 SEALED DOCUMENT - IRS Form 56 Notice Concerning Fiduciary Relationship. Plaintiff did not comply with Fed. R. Civ. P. 5.2, regarding privacy protection. A party waives the federal rule privacy protection by filing the documents without redaction. For additional information, refer to the Privacy Notice located under the Self Representation section of the court's website (www.nced.uscourts.gov). The Document - IRS Form 56 Notice Concerning Fiduciary Relationship - has been placed under temporary seal to allow plaintiff to take corrective action. This notice and above-referenced Privacy Notice sent to Shaquan Lavena Lesane at 6325 Falls of the Neuse Rd., Suite 391, Raleigh, NC 27615 via US Mail on 5/13/21. (Collins, S.) |
| Motions Submitted to District Judge Louise Wood Flanagan regarding #17 MOTION for Default Judgment as to, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN LIEU OF ANSWER, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. (Collins, S.) |
| Filing 35 Document: Trustee Appointment filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 34 RESPONSE in Opposition regarding #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 33 Rule 12 Letter Issued to Shaquan Lavene Lesane as to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction. Response due by 4/16/2021. (Collins, S.) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Jonathan Breeden. (Crook, John) |
| Filing 31 Memorandum in Support regarding #32 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jonathan Breeden. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A-Prior Action Complaint, #3 Exhibit B-Order, Memorandum & Recommendation, #4 Exhibit C-Prior Action Order, #5 Exhibit D-Affidavit of Jonathan Breeden, #6 Exhibit E-Taylor v. NSA, #7 Exhibit F-Echols v. Bertie Co. Sheriff) (Crook, John) Modified on 3/23/2021 to change docket text and to change docket entry relationship from motion #30 to corrected motion #32 . (Collins, S.). |
| Filing 30 **CORRECTED AND REFILED AT #32 ** MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jonathan Breeden. (Crook, John) Modified on 3/23/2021 (Collins, S.). |
| Filing 29 Financial Disclosure Statement by Jonathan Breeden (Crook, John) |
| Filing 28 Notice of Appearance filed by John Thomas Crook on behalf of Jonathan Breeden. (Crook, John) |
| Filing 27 RESPONSE in Opposition regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN LIEU OF ANSWER filed by Shaquan Lavena Lesane. (Attachments: #1 Article from Federal Register) (Collins, S.) |
| Filing 26 RESPONSE in Opposition regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Shaquan Lavena Lesane. (Collins, S.) |
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants Hamadani and Baker have filed motions to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed 2/17/21 and 3/4/21. Signed by District Judge Louise Wood Flanagan on 3/8/2021. (A copy of this Text Order was sent via US mail to Shaquan Lavena Lesane, 6325 Falls of the Neuse Rd., Suite 391, Raleigh, NC 27615.) (Collins, S.)
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| Filing 25 Rule 12 Letter Issued Shaquan Lavena Lesane as to #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN LIEU OF ANSWER. Response due by 3/29/2021. (Collins, S.) |
| Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN LIEU OF ANSWER filed by Gerald Baker. (Askew, Roger) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN LIEU OF ANSWER filed by Gerald Baker. (Askew, Roger) |
| Filing 22 Financial Disclosure Statement by Gerald Baker (Askew, Roger) |
| Filing 21 Notice of Appearance filed by Roger A. Askew on behalf of Gerald Baker. (Askew, Roger) |
| Filing 20 Rule 12 Letter Issued to Shaquan Lavena Lesane as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. Response due by 3/15/2021. (Collins, S.) |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Sam Hamadani. (Shields, Kathryn) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Sam Hamadani. (Shields, Kathryn) |
| Filing 17 MOTION for Default Judgment as to Jonathan Breeden, Sam Hamadani, Jeffrey Edwards, Jr., Gerald Baker filed by Shaquan Lavena Lesane. (Attachments: #1 Affidavit, #2 Proposed Order for Default Judgment, #3 Proposed Order for Show Cause, #4 Copy of response filed by Jonathan Breeden in state court action 13CVD3860) (Collins, S.) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer regarding #1 Complaint. Sam Hamadani answer due 2/24/2021. Signed by District Judge Louise Wood Flanagan on 1/20/2021. (A copy of this Order was sent via US mail to Shaquan Lavena Lesane, 6325 Falls of the Neuse Rd., Suite 391, Raleigh, NC 27615.) (Collins, S.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #15 Corrected MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.) |
| Filing 15 Corrected MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Sam Hamadani. (Attachments: #1 Exhibit Exhibit A - FedEx Tracking, #2 Text of Proposed Order) (Shields, Kathryn) |
| Filing 14 **CORRECTED AND REFILED AT #15 ** MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Sam Hamadani. (Attachments: #1 Exhibit Exhibit A - FedEx Tracking, #2 Text of Proposed Order) (Shields, Kathryn) Modified on 1/20/2021 (Collins, S.). |
| Filing 13 Notice of Appearance filed by Kathryn H. Shields on behalf of Sam Hamadani. (Shields, Kathryn) |
| Filing 12 Affidavit of Service by Eric Darden Of Mailing filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 11 Notice of Self-Representation Signed filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 10 SECOND REQUEST - Letter from Letter from S. Collins, Deputy Clerk to Shaquan Lavena Lesane enclosing unsigned notice of self representation and requesting that document be signed and returned within 10 days. (Collins, S.) |
| Filing 9 Affidavit of Service for Proof of Mailing of Summons on Defendant Hamadani filed by Shaquan Lavena Lesane. (Attachments: #1 Cover page, #2 Envelope) (Collins, S.) |
| Filing 8 Affidavit of Service for Proof of Mailing of Summons on Defendant Baker filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 7 Affidavit of Service for Proof of Mailing of Summons on Defendant Edwards filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 6 Affidavit of Service for Proof of Mailing of Summons on Defendant Breeden filed by Shaquan Lavena Lesane. (Collins, S.) |
| Filing 5 Letter from S. Collins, Deputy Clerk to Shaquan Lavena Lesane enclosing unsigned notice of self representation and requesting that document be signed and returned within 10 days. (Collins, S.) |
| Filing 4 Summons Issued as to Gerald Baker, Jonathan Breeden, Jeffery Edwards, Jr, Sam Hamadani. Summons issued at intake. (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by Shaquan Lavena Lesane. (Rudd, D.) |
| Filing 2 Notice of Self-Representation unsigned filed by Shaquan Lavena Lesane. (Rudd, D.) Modified on 12/17/2020 to revise docket text. (Collins, S.). |
| Filing 1 COMPLAINT against Gerald Baker, Jonathan Breeden, Jeffery Edwards, Jr., Sam Hamadani (Filing fee $ 402.00 receipt number RAL082252), filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit A- Copy of Birth Certificate and other documents, #2 Exhibit B- Copy of Letter dated 4/30/2019 from the US Department of Treasury, #3 Exhibit C- Copy of certified mail receipt, USPS Tracking, Consumer enforcement action, #4 Exhibit D- Copy of Article, #5 Exhibit E- Copy of Email and letter, #6 Exhibit F- Copy of Article, #7 Exhibit G- Comprehensive Report with Real-Time MV, #8 Civil Cover Sheet) (Rudd, D.) |
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