Diz v. Martin et al
| Pamela Diz |
| Jeff Tacy, Adam Bull, Louis Vega, Jonathan McElroy, Sabrina Diz, Regeneration Station, Kelly Marler, Stormy Spicer, Asheville Police Department, Rebecca Martin, Britney Shultz, McIntosh Law Firm, Francis Tacy, Mission Hospital Affiliates, Sergio De Sousa and Laramie Collins |
| 1:2017cv00319 |
| November 28, 2017 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Buncombe |
| Dennis Howell |
| W Carleton Metcalf |
| Martin Reidinger |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.
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Filing 47
MANDATE of USCA as to #45 Opinion/Judgment - USCA, #42 Notice of Appeal [20-1289]. (rhf)
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Filing 46
Mandate stayed pending ruling on petition for rehearing or rehearing en banc [20-1289]. (hms)
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Filing 45
Unpublished Opinion/Judgment from Fourth Circuit Court of Appeals as to #42 Notice of Appeal. 4th Circuit decision - Affirmed [20-1289]. (Attachments: #1 USCA Judgment)(reh)
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Filing 44
USCA Case Number 20-1289 for #42 Notice of Appeal USCA Case Manager: Jeffrey S. Neal. (reh)
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Appeal Filing fee received: in amount of $ 505, receipt number CHD058848 (brl)
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Original Assembled Electronic Record Transmitted to Fourth Circuit re: #42 Notice of Appeal [20-1289]. (reh)
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Filing 43
Transmission of Notice of Appeal to US Court of Appeals re #42 Notice of Appeal (kby)
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Filing 42
NOTICE OF APPEAL as to #41 Order by Pamela Diz. Filing fee $ 505. (Attachments: #1 Notice of Appellant's Intent to File the Following Petitions for Extraordinary Writs and Motions)(kby)
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Filing 41
ORDER granting #39 Motion for Extension of Time to Appeal. Plaintiff shall have 14 days from entry of this order in which to file a Notice of Appeal with the 4th Circuit. Plaintiff's #40 Motion to Change Venue is DENIED as moot. Signed by District Judge Martin Reidinger on 02/25/2020. (Pro se litigant served by US Mail.)(ni)
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Filing 40
MOTION for Change of Venue by Pamela Diz. Responses due by 2/21/2020 (kby). Motions referred to W. Carleton Metcalf.
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Filing 39
MOTION for Additional Time to Appeal due to Ongoing Fraud and Illness by Pamela Diz. Responses due by 2/21/2020 (Attachments: #1 Notice of Intent to Appeal to Fourth Circuit Court of Appeals, #2 Attachments)(kby). Motions referred to W. Carleton Metcalf.
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Filing 38
ORDER: Plaintiff's #34 "Motion for Rule 60(b) Newly Discovered Evidence and Fraud on the Court" is DENIED. Signed by District Judge Martin Reidinger on 12/12/2019. (Pro se litigant served by US Mail.) (maf)
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Filing 37
Index by Pamela Diz. (Attachments: #1 Exhibit)(reh)
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Filing 36
AMENDED Exhibits Index by Pamela Diz. Amendment to [34-1] Exhibits filed in Motion. (reh)
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Filing 35
Exhibit by Pamela Diz. Exhibit to #34 Motion for Miscellaneous Relief (Attachments: #1 Exhibit 1B, #2 Exhibit 1C, #3 Exhibit 1D, #4 Exhibit 2A (SEALED), #5 Exhibit 2B (SEALED), #6 Exhibit 2C, #7 Exhibit 2D (SEALED), #8 Exhibit 2E, #9 Exhibit 2F, #10 Exhibit 2G, #11 Exhibit 2H, #12 Exhibit 2I, #13 Exhibit 2J, #14 Exhibit 3A, #15 Exhibit 3B, #16 Exhibit 3C (SEALED), #17 Exhibit 3E, #18 Exhibit 4A, #19 Exhibit 4B, #20 Exhibit 4C, #21 Exhibit 4D, #22 Exhibit 5A, #23 Exhibit 5B, #24 Exhibit 5C, #25 Exhibit 5D, #26 Exhibit 5E, #27 Exhibit 6A, #28 Exhibit 7A, #29 Exhibit 7B, #30 Exhibit 7C, #31 Exhibit 7D, #32 Exhibit 7E, #33 Exhibit 8A, #34 Exhibit 8B, #35 Exhibit 8C, #36 Exhibit 8D (SEALED), #37 Exhibit 8E (SEALED), #38 Exhibit 8F (SEALED), #39 Exhibit 8G (SEALED), #40 Exhibit 8H (SEALED), #41 Exhibit 8I (SEALED), #42 Exhibit 8J, #43 Exhibit 8K, #44 Exhibit 8L, #45 Exhibit 8M (SEALED), #46 Exhibit 8N (SEALED), #47 Exhibit 8O, #48 Exhibit 9A, #49 Exhibit 9B, #50 Exhibit 9C, #51 Exhibit 9D (SEALED), #52 Exhibit 9E, #53 Exhibit 9F, #54 Exhibit 9G (SEALED), #55 Exhibit 9H, #56 Exhibit 10A, #57 Exhibit 10B, #58 Exhibit 10C, #59 Exhibit 10D, #60 Exhibit 10E, #61 Exhibit 10F, #62 Exhibit 10G, #63 Exhibit 11A, #64 Exhibit 11B, #65 Exhibit 11C, #66 Exhibit 11D, #67 Exhibit 11E, #68 Exhibit 11F, #69 Exhibit 11G, #70 Exhibit 11H, #71 Exhibit 11I (SEALED), #72 Exhibit 12A, #73 Exhibit 1E, #74 Exhibit 3D)(reh)
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Filing 34
MOTION Rule 60(b) Newly Discovered Evidence and Fraud on the Court by Pamela Diz. Responses due by 12/19/2019 (Attachments: #1 Index) Exhibits to be docketed separately. (thh) Motions referred to W. Carleton Metcalf.
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Case reassigned to Magistrate Judge W. Carleton Metcalf. Magistrate Judge Dennis Howell no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh)
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Filing 33
MANDATE of USCA as to #32 Opinion/Judgment - USCA, #24 Notice of Appeal. [18-1172] (ejb)
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Filing 32
Unpublished Opinion from Fourth Circuit Court of Appeals as to #24 Notice of Appeal. 4th Circuit decision - Dismissed. (Attachments: #1 USCA Judgment) [18-1172] (ni)
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Filing 30
NOTICE of Change of Address by Pamela Diz. (kby)
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Filing 29
MEMORANDUM OF DECISION AND ORDER that the Pltf's request to extend the time to file an appeal is DENIED. Signed by District Judge Martin Reidinger on 7/20/2018. re: USCA's #28 Unpublished Opinion/Order of Limited Remand. (Pro se litigant served by US Mail.) (ejb)
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Filing 28
Unpublished Opinion/Order from Fourth Circuit Court of Appeals as to #24 Notice of Appeal directing limited remand (4cca retains jurisdiction) to allow district court to determine whether the time for filing a notice of appeal should be extended under FRAP(a)(5)(A)[18-1172]. (ams)
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Filing 26
USCA Case Number 18-1172 for #24 Notice of Appeal, USCA Case Manager: Anisha Walker. (ni)
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Filing 25
Transmission of Notice of Appeal to US Court of Appeals re #24 Notice of Appeal. (thh)
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Original Assembled Electronic Record Transmitted to Fourth Circuit re: #24 Notice of Appeal,. There are conventional documents to be sent to the Circuit. Documents being transmitted conventionally: Attachments to #24 Notice of Appeal will be sent upon request by the Fourth Circuit. (thh)
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Appeal Filing fee received: in amount of $ 505, receipt number CHD046700 (brl)
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Filing 24
NOTICE OF APPEAL as to #23 Clerk's Judgment, #22 Order Dismissing Case as Frivolous by Pamela Diz. Filing fee $ 505 received, sent to Charlotte.**Attachments filed with Notice of Appeal which are not included in the original record, however due to the poor image quality after being scanned and the voluminous attachments (in excess of 1000 pages), a conventional paper file will be provided to the 4th Circuit Court of Appeals upon request.** (thh)
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Filing 23
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/29/2017. Signed by Clerk, Frank G. Johns on 12/29/2017. (Pro se litigant served by US Mail.)(thh)
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Filing 22
ORDER DISMISSING CASE AS FRIVOLOUS WITH PREJUDICE. Signed by District Judge Martin Reidinger on 12/29/2017. (Pro se litigant served by US Mail.)(thh)
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Filing 21
MEMORANDUM in Support re #20 MOTION to Dismiss by Adam Bull. (Ball, Ervin)
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Filing 20
MOTION to Dismiss by Adam Bull. Responses due by 1/11/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Ball, Ervin). Motions referred to Dennis Howell.
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Case reassigned back to Magistrate Judge Dennis Howell as there is no longer a conflict with the parties and/or their attorneys in this case. Magistrate Judge David Keesler no longer assigned to the case. Motions referred to Dennis Howell: #16 MOTION to Dismiss , #15 MOTION for Extension of Time to Answer re: #1 Complaint This is your only notice - you will not receive a separate document.(thh)
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Filing 19
Corporate Disclosure Statement by Rebecca Martin (Spainhour, John)
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Filing 18
ANSWER to #1 Complaint with Jury Demand by Rebecca Martin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spainhour, John)
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Filing 17
NOTICE of Appearance by John E. Spainhour on behalf of Rebecca Martin (Spainhour, John)
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Filing 16
MOTION to Dismiss by Kelly Marler. Responses due by 1/10/2018 plus an additional 3 days if served by mail (Freeman, James). Motions referred to David Keesler.
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Case reassigned to Magistrate Judge David Keesler. Magistrate Judge Dennis Howell no longer assigned to the case. Motions referred to David Keesler: #15 MOTION for Extension of Time to Answer re: #1 Complaint . This is your only notice - you will not receive a separate document.(thh)
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Filing 15
MOTION for Extension of Time to Answer re: #1 Complaint by Adam Bull. (Ball, Ervin). Motions referred to Dennis Howell.
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Filing 14
ORDER granting #11 Motion for Extension of Time to Answer. Defendant City of Asheville Police Department shall have until January 18, 2018, to file its Answer or otherwise respond to the Complaint. Signed by Magistrate Judge Dennis Howell on 12/21/17. (Pro se litigant served by US Mail.)(emw)
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Filing 13
ORDER granting #10 Motion for Extension of Time to Answer or otherwise respond to the Complaint. Mission Hospital Affiliates answer due 1/25/2018. Signed by Magistrate Judge Dennis Howell on 12/21/17. (Pro se litigant served by US Mail.)(emw)
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Filing 12
NOTICE of Appearance by Richard Samuel Daniels on behalf of Mission Hospital Affiliates (Daniels, Richard)
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Filing 11
MOTION for Extension of Time to Answer re: #1 Complaint by Asheville Police Department. (Attachments: #1 Certificate of Service)(Maddux, John). Motions referred to Dennis Howell.
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Filing 10
Unopposed MOTION for Extension of Time to Answer re: #1 Complaint by Mission Hospital Affiliates. (Gulden, Brian). Motions referred to Dennis Howell.
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Filing 9
NOTICE of Appearance by Brian D. Gulden on behalf of Mission Hospital Affiliates (Gulden, Brian)
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Text Notice to attorney Richard S. Daniels: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. You are further directed to file a new notice of appearance after you have registered for ECF. Deadline for compliance with this notice is 12/27/2017. (maf) Modified on 12/20/2017 - NEF Regnerated to attorney Daniels. (maf)
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Filing 8
ORDER granting #3 Motion for Extension of Time to Answer re #1 Complaint. Asheville Police Department (City of Asheville) answer due 1/18/2018. Signed by Magistrate Judge Dennis Howell on 12/14/2017. (Pro se litigant served by US Mail.)(ejb)
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Filing 7
Summons Returned Unexecuted by Buncombe County Deputy Sheriff as to Sergio De Sousa, Sabrina Diz, Jonathan McElroy, McIntosh Law Firm, Britney Shultz, and Louis Vega. (ejb)
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Filing 6
SUMMONS Returned Executed by Buncombe County Deputy Sheriff as to Stormy Spicer served on 12/7/2017, answer due 12/28/2017. (ejb)
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Filing 5
SUMMONS Returned Executed by Buncombe County Deputy Sheriff as to Rebecca Martin, Francis Tacy & Jeff Tacy, Kelly Marler, and Laramie Collins served on 12/6/2017, answer(s) due 12/27/2017. (ejb)
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Filing 4
SUMMONS Returned Executed by Buncombe County Deputy Sheriff as to Adam Bull, Regeneration Station, Asheville Police Department, and Mission Hospital Affiliates served on 12/5/2017, answer(s) due 12/27/2017. (ejb)
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Filing 3
MOTION for Extension of Time to Answer re: #1 Complaint by Asheville Police Department. (Attachments: #1 Certificate of Service)(Maddux, John). Motions referred to Dennis Howell.
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Filing Fee Received: $ 400, receipt number CHD045409 (ams)
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Filing 2
Summons Issued Conventionally as to All Defendants, and handed to Pltf Pamela Diz at public counter. (ejb)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 400 check received, and mailed to Charlotte Clerk's Office to receipt.), filed by Pamela Diz. (Attachments: #1 Civil Cover Sheet) (ejb)
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Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally upon the Pltf Pamela Diz at case filing. (ejb)
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