Yates v. Overholt et al
| Jesse Graves Yates, III |
| Overholt Law Firm, The, Davenport Law, Michael Davenport and Scott Overholt |
| 7:2019cv00026 |
| February 14, 2019 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| James C Dever |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 49 Financial Disclosure Statement by Overholt Law Firm, The (Hinnant, Christopher) |
| Filing 48 Financial Disclosure Statement by Scott Overholt (Hinnant, Christopher) |
| Filing 47 Financial Disclosure Statement by Davenport Law (Hinnant, Christopher) |
| Filing 46 Financial Disclosure Statement by Michael Davenport (Hinnant, Christopher) |
| Filing 45 Notice of Appearance filed by Christopher M. Hinnant on behalf of All Defendants. (Hinnant, Christopher) |
| Filing 44 Financial Disclosure Statement filed by Jesse Graves Yates, III. (Sellers, N.) |
| Filing 43 Notice of Self-Representation filed by Jesse Graves Yates, III (Attachments: #1 Envelope) (Sellers, N.) |
| Filing 42 Notice to Pro Se Party and Defense counsel Regarding Transfer of Case to the Eastern District of North Carolina. The parties should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 41 Case transferred in from District of South Carolina. Case Number 4:18-cv-00180. Transfer order and docket sheet obtained from transferring district. |
| Filing 40 ***DOCUMENT MAILED #38 Order on Report and Recommendation, placed in U.S. Mail to Jesse Graves Yates (abuc) [Transferred from South Carolina on 2/14/2019.] |
Filing 38
ORDER adopting #35 Report and Recommendation. Plaintiff's action is TRANSFERRED to the United States District Court for the Eastern District of North Carolina. Signed by Honorable Donald C Coggins, Jr on 2/14/2019.(abuc) [Transferred from South Carolina on 2/14/2019.]
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| Filing 36 ***DOCUMENTS MAILED: #34 Order w/NEF, #35 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail to Jesse Graves Yates, III, Willow Run Condominiums, 14a, 2000 Greens Blvd, Myrtle Beach, SC 29577. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 35 REPORT AND RECOMMENDATION: The undersigned recommends transferring this case because venue is not proper. Because the undersigned raised the issue of venue sua sponte, pursuant to Feller v. Brock, 802 F.2d 722, 729 n.7 (4th Cir. 1986), Plaintiff is entitled to an opportunity to be heard on the issue before the court renders a final decision. Plaintiff's opportunity to file timely objections to this Report and Recommendation is considered Plaintiff's opportunity to be heard under Feller. Objections to R&R due by 1/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 1/9/2019. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
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Filing 34
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 1/9/2019. (prou, ) [Transferred from South Carolina on 2/14/2019.]
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| Filing 33 ***DOCUMENT MAILED 32 Order Ruling on Report and Recommendation, placed in U.S. Mail to Jesse Graves Yates, III (kmca) [Transferred from South Carolina on 2/14/2019.] |
| Filing 32 TEXT ORDER respectfully declining to adopt the #8 Report and Recommendation. The Magistrate Judge recommended that this action be summarily dismissed because this Court lacks subject matter jurisdiction over Plaintiff's claims. The Magistrate Judge found that Plaintiff failed to seek relief pursuant to a federal statute and that there was no diversity of parties. In his objections, Plaintiff reiterated that the amount in controversy exceeded $75,000 and stated that he resides in South Carolina, while the Defendants are North Carolina residents. ECF No. #15 . The Honorable A. Marvin Quattlebaum directed Plaintiff to provide a jurisdictional statement of his domicile at the time the Complaint was filed. ECF No. 23 . Plaintiff provided such a statement and informed the Court that he was domiciled in South Carolina since at least January 1, 2018. ECF No. #26 . Accordingly, it appears, at this procedural posture, that this Court has subject matter jurisdiction over Plaintiff's claims through diversity jurisdiction. Accordingly, this matter is recommitted to the Magistrate Judge for further evaluation and possible service of process. Entered at the direction of the Honorable Donald C Coggins, Jr on 1/3/19. (kmca) [Transferred from South Carolina on 2/14/2019.] |
| Filing 31 ***DOCUMENT MAILED 30 Notice Change of Case Number placed in U.S. Mail to Jesse Graves Yates III (abuc) [Transferred from South Carolina on 2/14/2019.] |
| Filing 30 NOTICE OF CHANGE OF CASE NUMBER from 4:18-cv-00180-MGL to 4:18-cv-00180-DCC. (abuc) [Transferred from South Carolina on 2/14/2019.] |
| Filing 29 ***DOCUMENT MAILED 28 Case Reassigned placed in U.S. Mail to Jesse Graves Yates III (glev, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 28 Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (glev, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 27 Case Reassigned to Judge Honorable Mary Geiger Lewis. Judge Honorable A Marvin Quattlebaum, Jr no longer assigned to the case. (cwil, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 26 AFFIDAVIT/STATEMENT re 23 Order, by Jesse Graves Yates, III. (swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 24 ***DOCUMENT MAILED 23 Order, 22 Order on Motion to Dismiss/Lack of Jurisdiction placed in U.S. Mail to Jesse Graves Yates, III Willow Run Condominiums, 14a 2000 Greens Blvd Myrtle Beach, SC 29577 (swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 23 TEXT ORDER : Upon review of Plaintiff's Complaint #1 Complaint and the record in this matter, the Court has questions regarding whether it has subject-matter jurisdiction in this case. Plaintiff has seven days from the date of this Order to provide the Court with a jurisdictional statement of Plaintiff's domicile at the time that Plaintiff's Complaint was filed. Signed by Honorable A Marvin Quattlebaum, Jr on 6/26/18. (swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 22 TEXT ORDER: Although service of this pro se Complaint was not ordered following the required initial review process, legal counsel for Defendants filed a Motion to Dismiss. (ECF No. 10.) Process has not yet issued and the Complaint has not yet been formally served on Defendants. Thus, there can be no waiver of service under Federal Rule of Civil Procedure 4(d). For that reason, Defendants' Motion was filed prematurely and will not be addressed at this stage of the proceedings. If Defendants wish to file a Motion to Dismiss, they should not do so until after receiving formal service of the pro se Complaint per order of this Court. Accordingly, the Clerk of Court shall terminate the Motion to Dismiss currently on the docket because it is premature. This termination is without prejudice to Defendants' re-submission of the same or a different motion at an appropriate time following completion of formal service of process in this case should service later be authorized. Signed by Honorable A Marvin Quattlebaum, Jr on 6/26/18.(swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 21 DELETION OF DOCKET ENTRY NUMBER #19 Reason: wrong event used; Corrected Filing Document Number #20 Modified filing date to that of original filing: 6/18/18 (swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 20 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Insufficient Service, and Failure to State a Claim ; Response filed by Michael Davenport, Davenport Law, Scott Overholt, Overholt Law Firm, The. (swel, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 18 Case Reassigned to Judge A Marvin Quattlebaum, Jr. Judge Bruce Howe Hendricks no longer assigned to the case. (suro, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 16 NOTICE of Change of Address by Jesse Graves Yates, III from Jesse Graves Yates, III, 4308 Preacher Holmes Rd, Graham, NC 27253 **TO** Jesse G. Yates, III, Willow Run Condominiums 14a, 2000 Greens Blvd, Myrtle Beach, SC 29577. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 15 OBJECTION to #8 Report and Recommendation by Jesse Graves Yates, III. Reply to Objections due by 3/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 14 ***DOCUMENT MAILED: #13 Roseboro Order w/NEF, placed in U.S. Mail to Jesse Graves Yates, III, 4308 Preacher Holmes Rd, Graham, NC 27253. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 13 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #10 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, Insufficient Service, and Failure to State a Claim. Response to Motion due by 4/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable Bruce Howe Hendricks on 2/28/2018. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Insufficient Service, and Failure to State a Claim by Michael Davenport, Davenport Law, Scott Overholt, Overholt Law Firm, The. Response to Motion due by 3/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cooke, Morris). (Additional attachment(s) added on 2/26/2018: #1 Certificate of Service) (prou, ). Modified on 2/26/2018 to replace with corrected document provided by filing user and to add Certificate of Service provided by filing user (prou, ). [Transferred from South Carolina on 2/14/2019.] |
| Filing 9 ***DOCUMENTS MAILED: #8 REPORT AND RECOMMENDATION w/NEF, #7 Order w/NEF, placed in U.S. Mail to Jesse Graves Yates, III, 4308 Preacher Holmes Rd, Graham, NC 27253. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
| Filing 8 REPORT AND RECOMMENDATION: It is recommended that this case be summarily dismissed because this court has no subject-matter jurisdiction over Plaintiff's Complaint. Objections to R&R due by 3/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 2/21/2018. (prou, ) [Transferred from South Carolina on 2/14/2019.] |
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Filing 7
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 2/21/2018. (prou, ) Modified on 2/21/2018 to edit text (prou, ). [Transferred from South Carolina on 2/14/2019.]
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| Filing 1 COMPLAINT against Michael Davenport, Davenport Law, Scott Overholt, Overholt Law Firm, The ( Filing fee $ 400 receipt number SCX400012954.), filed by Jesse Graves Yates, III. Service due by 4/23/2018. (Attachments: #1 Supporting Documents)(prou, ) [Transferred from South Carolina on 2/14/2019.] |
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