Robinson v. Oaks et al
Plaintiff: Albert Robinson
Defendant: The David K. Oaks Personal Trust, Oaks K. David, David Keith Oaks, Five Oaks Investments, Inc., Section 23 Property Owner's Association, Inc., D. V. Rao, Section 23, Property Owner's Association, Inc., John Edward Spainhour, McAngus, Goudelock & Courie, PLLC and The Law Firm of David K. Oaks, P.A.
Case Number: 1:2021cv00123
Filed: April 29, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2022 Opinion or Order Filing 157 MANDATE of USCA as to #156 Opinion/Judgment - USCA, #152 Notice of Appeal [22-1270]. (hms)
June 30, 2022 Opinion or Order Filing 156 Unpublished Opinion from Fourth Circuit Court of Appeals as to #152 Notice of Appeal. 4th Circuit decision - Affirmed. [22-1270] (Attachments: #1 USCA Judgment) (ejb)
April 14, 2022 Opinion or Order Filing 155 ORDER of USCA: The court grants Appellant Robinson leave to proceed in forma pauperis as to #152 Notice of Appeal. [22-1270] (ejb)
March 15, 2022 Opinion or Order Filing 154 USCA Case Number 22-1270 for #152 Notice of Appeal, USCA Case Manager: Rachel J Lee. (ejb)
March 11, 2022 Opinion or Order Filing 153 Transmission of Notice of Appeal to US Court of Appeals re #152 Notice of Appeal. (hms)
March 11, 2022 Opinion or Order Original Assembled Electronic Record Transmitted to Fourth Circuit re: #152 Notice of Appeal. Part 1 (docs 1-145), Part 2 (docs 146-153). (hms)
March 10, 2022 Opinion or Order Filing 152 NOTICE OF APPEAL as to #151 Order, by Albert Robinson. (IFP) (Attachments: #1 Envelope) (hms)
March 7, 2022 Opinion or Order Filing 151 ORDER: 1) The "Plaintiff's Objection to Doc. #143 " [Doc. #147 ], which the Court construes as a Motion for Reconsideration, is DENIED; and 2) The "Plaintiff's Rule 59(e) Motion for the Court to Alter or Amend the Orders, Doc. #144 and Doc. #145 [Doc. #148 ] is DENIED. Signed by Chief Judge Martin Reidinger on 3/7/2022. (maf)
March 7, 2022 Opinion or Order Filing 150 REPLY to Response to Motion re #148 MOTION "Plaintiff's Rule 59(E) Motion Alter or Amend the Orders doc. #144 and doc. #145 by Albert Robinson. (Attachments: #1 Envelope) (hms)
February 28, 2022 Opinion or Order Filing 149 RESPONSE to Motion re #148 MOTION "Plaintiff's Rule 59(E) Motion Alter or Amend the Orders doc. #144 and doc. #145 by Five Oaks Investments, Inc., David Keith Oaks, The Law Firm of David K. Oaks, P.A.. Replies due by 3/7/2022 (Oaks, David)
February 24, 2022 Opinion or Order Filing 148 MOTION "Plaintiff's Rule 59(E) Motion Alter or Amend the Orders doc #144 and doc #145 by Albert Robinson. Responses due by 3/10/2022. (Attachments: #1 Memorandum in Support of Motion, #2 Appendix of Exhibits in Support of Motion, #3 Envelope) (hms) Motions referred to W. Carleton Metcalf.
February 10, 2022 Opinion or Order Filing 147 Plaintiff's Objection to #143 Memorandum of Decision and Order by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
February 10, 2022 Opinion or Order Filing 146 "Plaintiff's Supplement to the Plaintiff's Original Request to the U.S.D.C. Judge for a Ruling so that the Case Can Proceed" by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope)(rhf)
February 9, 2022 Opinion or Order Filing 145 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 2/9/2022. Signed by Clerk, Frank G. Johns. (kby)
February 8, 2022 Opinion or Order Filing 144 MEMORANDUM OF DECISION AND ORDER that: The Memorandum and Recommendation [Doc. #90 ] is ACCEPTED IN PART and REJECTED IN PART. The "Plaintiff's Response and Objection to the Memorandum and Recommendation" [Doc. #92 ] is OVERRULED. The "Motion to Dismiss and Answer to First Amended Complaint of David K. Oaks, P.A. and Five Oaks Investments, Inc." [Doc. #34 ] is GRANTED IN PART and DENIED IN PART such that all of the Pltf's claims against The Law Firm of David K. Oaks, P.A. and Five Oaks Investments, Inc. are DISMISSED WITHOUT PREJDUICE as stated. The "Motion to Dismiss Plaintiff's First Amended Complaint by Section 23" [Doc. #37 ] is GRANTED IN PART and DENIED IN PART such that all of the Pltf's claims against Section 23 Property Owner's Association, Inc. and Section 23, Property Owner's Association, Inc. are DISMISSED WITHOUT PREJUDICE as stated. "Defendant David Keith Oaks, Esq.'s Motion to Dismiss Plaintiff's First Amended Complaint" [Doc. #87 ] is GRANTED IN PART and DENIED IN PART such that all of the Pltf's claims against David K. Oaks are DISMISSED WITHOUT PREJUDICE as stated. The "Motion to Dismiss" [Doc. #63 ] filed by McAngus, Goudelock & Courie, PLLC and John E. Spainhour is GRANTED such that all of the Pltf's claims against McAngus, Goudelock & Courie, PLLC and John E. Spainhour are DISMISSED WITH PREJUDICE as stated. The "Plaintiff's Rule 60(b) Attack on the Void Orders Issued in the State and USDC and Submitted by the Defendants in Support of their Motion to Dismiss" [Doc. #60 ] is DENIED. The "Rule 11 Motion Against Plaintiff Albert Robinson by Section 23, McAngus, Goudelock & Courie, PLLC, and John E. Spainhour" [Doc. #62 ] is DENIED. The "Plaintiff's Motion for Default Judgment as to Defendant David K. Oaks and Objection to Defendant's Motion for an Extension to File a Response" [Doc. #84 ] is DENIED. The "Plaintiff's Motion for the Court to Confirm that Section 23 Property Owner's Association, Inc. and Section 23, Property Owner's Association, Inc. are Two Separate Entities" [Doc. #85 ] is DENIED. The "Plaintiff's Motion for Sanctions Against Attorneys John Edward Spainhour, David K. Oaks, the Law Firms of McAngus, Goudelock & Couries [sic] and David K. Oaks, P.A." [Doc. #86 ] is DENIED; and All of the Pltfs claims against Defts D. V. Rao and The David K. Oaks Personal Trust are DISMISSED WITHOUT PREJUDICE as stated. IT IS FURTHER ORDERED that the "Plaintiff's Motion for Sanctions Against Attorneys John Edward Spainhour, David K. Oaks, the Law Firms of McAngus, Goudelock & Couries [sic] and David K. Oaks, P.A." [Doc. #109 ] is DENIED. The "Second Motion for Rule 11 Sanctions" [Doc. #127 ] filed by McAngus, Goudelock, & Courie, PLLC and John E. Spainhour is DENIED WITHOUT PREJUDICE (see Order for further details). The "Plaintiff's Motion for Leave to File a Surreply to Defendant's Doc. #131" [Doc. #134 ] is DENIED. The Pltf's "Motion for Extension of Time" [Doc. #135 ] is DENIED; and the "Plaintiff's Request to the U.S.D.C. Judge for a Ruling so that the Case Can Proceed" [Doc. #138 ] is DENIED AS MOOT. Signed by Chief Judge Martin Reidinger on 2/7/2022. (kby) Modified text on 2/8/2022 (kby).
February 8, 2022 Opinion or Order Filing 143 MEMORANDUM OF DECISION AND ORDER that "Plaintiff's Objection to Doc. #113 Pursuant to F.R.Civ. P. 72(a), and Request for Review by the USDC Judge" [Doc. #121 ] is OVERRULED and the Magistrate Judge's #113 Order denying "Plaintiff's Motion for the Court to Appoint the United States Attorney Pursuant to 25 U.S.C. 175" [Doc. #110 ] is AFFIRMED. FURTHER ORDERED that "Plaintiff's Objection to Doc. #129 Pursuant to F.R.Civ. P. 72(a), and Request Review by the USDC Judge and Withdraw of Consent for the Magistrate Judge to Make a Ruling" [Doc. #132 ] is OVERRULED and the Magistrate Judge's Order [Doc. #129 ] denying "Plaintiff's Motion to Amend His Complaint to Add Essential Defendants and in the Interest of the Ends of Justice" [Doc. #128 ] is AFFIRMED. Signed by Chief Judge Martin Reidinger on 2/7/2022. (kby) Modified text on 2/8/2022 (kby).
January 31, 2022 Opinion or Order Filing 142 "Plaintiff's Fourteenth Notice of Authority; Notice of Hearing in Case No. 033476, In re; Jane Robinson" by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
January 24, 2022 Opinion or Order Filing 141 Plaintiff's Victim Impact Statement by Albert Robinson. (Attachments: #1 Exhibit Victim Impact Statement, #2 Envelope) (rhf)
January 21, 2022 Opinion or Order Filing 140 "Letter To Judge About the Continued 18 U.S.C. 1512 Threats and Witness Intimidation from Opposing Counsel John E. Spainhour. " (Attachments: #1 Exhibit, #2 Envelope)(rhf)
January 13, 2022 Opinion or Order Filing 139 "Plaintiff's Supplement to the Plaintiff's Original Request to the USDC Judge for a Ruling so that the Case Can Proceed," re: #138 by Albert Robinson. (Attachments: #1 Exhibit "0567", #2 Envelope) (ejb)
January 7, 2022 Opinion or Order Filing 138 "Plaintiff's Request to the USDC Judge for a Ruling so that the Case Can Proceed" by Albert Robinson. Responses due by 1/21/2022. (Attachments: #1 Exhibits, #2 Envelope) (hms) Motions referred to W. Carleton Metcalf.
January 5, 2022 Opinion or Order Filing 137 "Plaintiff's Twelfth Notice of Authority; False Affidavit of Earl Jay Carlson in Case No. 14-601-CC" by Albert Robinson. (Attachments: #1 Appendix of Exhibits, #2 Exhibit, #3 Envelope) (rhf)
January 5, 2022 Opinion or Order Filing 136 RESPONSE in Opposition re #134 MOTION for Leave to File by McAngus, Goudelock & Courie, PLLC. Replies due by 1/12/2022 (Spainhour, John)
December 29, 2021 Opinion or Order Filing 135 "MOTION for Extension of Time for the Court to rule on Defendants' Improperly and Untimely Served Document #127 Until a Response is Sent Forth by the Federal Rules Committee" by Albert Robinson. Responses due by 1/12/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Envelope) (rhf) Motions referred to W. Carleton Metcalf.
December 22, 2021 Opinion or Order Filing 134 "MOTION for Leave to File a Surreply to Defendants' Doc. #131 " by Albert Robinson. Responses due by 1/5/2022. (Attachments: #1 Plaintiff's Memorandum in Support of Plaintiff's Motion for Leave to File a Surreply to Defendants' Doc. #131, #2 Exhibit A, #3 Envelope) (rhf) Motions referred to W. Carleton Metcalf.
December 20, 2021 Opinion or Order Filing 133 "Plaintiff's Eleventh Notice of Authority; Recent Order on ETC's Motion for Summary Judgment in Case No. 20-000922-CA" by Albert Robinson. (Attachments: #1 Exhibit Appendix in Support of Plaintiff's Eleventh Notice of Authority) (rhf) (Additional attachment(s) added on 12/21/2021: #2 Exhibit, #3 Envelope) (rhf).
December 17, 2021 Opinion or Order Filing 132 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Albert Robinson re #129 Order on Motion to Amend. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
December 16, 2021 Opinion or Order Filing 131 REPLY to Response to Motion re #127 Second MOTION for Sanctions by John E. Spainhour and by McAngus, Goudelock & Courie, PLLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Spainhour, John)
December 9, 2021 Opinion or Order Filing 130 REPLY to Response re #126 Memorandum in Opposition to Motion; RESPONSE in Opposition by Albert Robinson re #127 Second MOTION for Sanctions. (Attachments: #1 Appendix of Exhibits for Plaintiff's Response and Reply, #2 Envelope) (hms)
December 8, 2021 Opinion or Order Filing 129 ORDER that "Plaintiff's Motion to Amend His Complaint to Add Essential Defendants and in the Interest of the Ends of Justice" (Doc. #128 ) is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 12/8/2021. (ejb)
December 6, 2021 Opinion or Order Filing 128 "Plaintiff's Motion to Amend His Complaint to Add Essential Defendants and In the Interest of the Ends of Justice" by Albert Robinson. Responses due by 12/20/2021. (Attachments: #1 Plaintiff's Memorandum in Support of Plaintiff's Motion to Amend His Complaint, #2 Exhibit A, #3 Envelope) (rhf) Motions referred to W. Carleton Metcalf.
December 3, 2021 Opinion or Order Filing 127 Second MOTION for Sanctions by John E. Spainhour and by McAngus, Goudelock & Courie, PLLC. Responses due by 12/17/2021 (Attachments: #1 Memorandum) (Spainhour, John). Motions referred to W. Carleton Metcalf.
December 3, 2021 Opinion or Order Filing 126 MEMORANDUM in Opposition re #109 MOTION for Sanctions by John E. Spainhour and by McAngus, Goudelock & Courie, PLLC. Replies due by 12/10/2021 (Spainhour, John)
December 3, 2021 Opinion or Order Filing 125 Plaintiff's REPLY to Response to Motion re #109 MOTION for Sanctions by Albert Robinson. (Attachments: #1 Envelope) (hms)
November 29, 2021 Opinion or Order Filing 124 RESPONSE in Opposition re #109 MOTION for Sanctions by David Keith Oaks, The Law Firm of David K. Oaks, P.A.. Replies due by 12/6/2021 (Oaks, David)
November 22, 2021 Opinion or Order Filing 123 Exhibit "Plaintiff's Amended Memorandum in Supprt of #109 Motion for Sanctions by Albert Robinson. (Attachments: #1 Envelope) (hms)
November 22, 2021 Opinion or Order Filing 122 "Plaintiff's RESPONSE and Objection" re #117 MOTION for Extension of Time to File Response/Reply, #119 Order. (Attachments: #1 Court Transcripts, #2 Court Minutes, #3 Envelope) (hms)
November 18, 2021 Opinion or Order Filing 120 Tenth NOTICE of Authority; Recent Void Order from Case No. 14-601-cc; Demanding an Additional $25,000 on Top of the $42,553.14 Already held by the Court Clerk filed by Albert Robinson. (Attachments: #1 Exhibit 0547, #2 Exhibit 0548, #3 Envelope) (maf)
November 17, 2021 Opinion or Order Filing 119 ORDER that the #117 MOTION for Extension of Time filed by Defts McAngus Goudelock and Courie, PLLC and John E. Spainhour, and the #118 MOTION for Extension of Time filed by Deft David Keith Oaks are GRANTED, and the deadline for these Defts to file responses to Pltf's #109 MOTION for Sanctions is EXTENDED by 14 days, through and including 12/3/2021. Signed by Magistrate Judge W. Carleton Metcalf on 11/17/2021. (ejb)
November 17, 2021 Opinion or Order Filing 118 MOTION for Extension of Time to File Response/Reply re: #109 MOTION for Sanctions by David Keith Oaks. Responses due by 12/1/2021 (Oaks, David). Motions referred to W. Carleton Metcalf.
November 16, 2021 Opinion or Order Filing 117 MOTION for Extension of Time to File Response/Reply re: #109 MOTION for Sanctions by John E. Spainhour and by McAngus, Goudelock & Courie, PLLC. Responses due by 11/30/2021 (Spainhour, John). Motions referred to W. Carleton Metcalf.
November 15, 2021 Opinion or Order Filing 121 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Albert Robinson re #113 Order on Motion to Appoint Counsel. (Attachments: #1 Exhibit 0544, #2 Envelope) (rhf)
November 15, 2021 Opinion or Order Filing 116 Letter to Judge about 18 U.S.C. 1512 Threats and Witness Intimidation From Opposing Counsel John E. Spainhour from Albert Robinson. (Attachments: #1 Envelope)(rhf)
November 15, 2021 Opinion or Order Filing 115 "Plaintiff's Ninth NOTICE of Authority; Recent Void Order from Case No. 14-601-CC; Dismissing David K. Oaks" by Albert Robinson. (Attachments: #1 Exhibit 0413, #2 Envelope) (rhf)
November 15, 2021 Opinion or Order Filing 114 ***Disregard, docketed in error, NEF regenerated. (rhf) Modified on 11/19/2021 (rhf).
November 9, 2021 Opinion or Order Filing 113 ORDER denying #110 MOTION for the Court to appoint the United States Attorney. Signed by Magistrate Judge W. Carleton Metcalf on 11/9/2021. (rhf) Modified text on 11/10/2021 (rhf).
November 8, 2021 Opinion or Order Filing 112 "Plaintiff's Seventh Notice of Authority, Recent Notice of Hearing in Case No. 20-000922-CA" by Albert Robinson. (Attachments: #1 Appendix in Support of Plaintiff's Seventh Notice of Authority, #2 Exhibit, #3 Envelope) (rhf)
November 8, 2021 Opinion or Order Filing 111 "Plaintiff's Notice" re #110 Motion for the Court to appoint the United States Attorney by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
November 5, 2021 Opinion or Order Filing 110 MOTION for the Court to appoint the United States Attorney by Albert Robinson. Motions referred to W. Carleton Metcalf. (Attachments: #1 Memorandum, #2 Envelope) (maf)
November 5, 2021 Opinion or Order Filing 109 MOTION for Sanctions Against Attorneys John Edward Spainhour, David K. Oaks, the Law Firms of McAngus, Goudelock & Couries and David K. Oaks, P.A. filed by Albert Robinson. Responses due by 11/19/2021. (Attachments: #1 Memorandum, #2 Envelope) (maf) Modified on 11/9/2021 to remove reference of referral to MJ. (maf)
November 5, 2021 Opinion or Order Filing 108 Eighth NOTICE of Authority; Recent Section 23 Board Minutes and the Decision to Hire the Law Firm of Becker & Poliakoff to Litigate this Instant Case by Albert Robinson. (Attachments: #1 Exhibits, #2 *Restricted due to minor's names* Letter to Department of Interior, #3 Envelope) (maf) Modified filed date on 11/8/2021. (maf)
October 21, 2021 Opinion or Order Filing 107 REPLY to Response to Motion re #90 MEMORANDUM AND RECOMMENDATIONS by Albert Robinson. (Attachments: #1 Appendix of Exhibits, #2 Envelope) (rhf)
October 20, 2021 Opinion or Order Filing 106 ORDER denying plaintiff's #99 "Request to Amend the Rules Thus Allowing Pro Se Litigant Albert Robinson to E-File Pleadings;" denying as moot plaintiff's #101 "MOTION for the Court to Restrict Pro Se Litigants John Edward Spainhour and David K. Oaks from using the Court E-Filling System and have both Defendants Properly Refile their Pleadings and Motions Conventionally;" denying as moot plaintiff's duplicate #103 "Request to Amend the Rules Thus Allowing Pro Se Litigant Albert Robinson to E-File Pleadings." Signed by Magistrate Judge W. Carleton Metcalf on 10/20/2021. (hms) Modified text on 10/21/2021 (rth).
October 19, 2021 Opinion or Order Filing 105 " Sixth NOTICE of Authority, Recent $25,000.00 Vexatious Litigant Order Bond Payment Requirement" by Albert Robinson. (Attachments: #1 Exhibit A, #2 Exhibit 0535, #3 Envelope) (rhf)
October 19, 2021 Opinion or Order Filing 98 ORDER denying #96 Plaintiff's Motion for the Court to Restrict Pro Se Litigants John Edward Spainhour and David K. Oaks from Using the Court E-Filing System and to Have Both Defendants Properly Refile their Pleadings and Motions Conventionally." Signed by Magistrate Judge W. Carleton Metcalf on 10/19/2021. (rhf)
October 18, 2021 Opinion or Order Filing 104 Plaintiff's FIFTH NOTICE of Authority by Albert Robinson. (Attachments: #1 Exhibit 0527, #2 Exhibit 0531a, #3 Exhibit 0531b, #4 Exhibit 0532)(kby)
October 18, 2021 Opinion or Order Filing 103 MOTION/"Request to Amend the Rules Thus Allowing Pro Se Litigant Albert Robinson to E-File Pleadings" by Albert Robinson. Responses due by 11/1/2021. (kby). Motions referred to W. Carleton Metcalf.
October 18, 2021 Opinion or Order Filing 102 *DUPLICATE* MEMORANDUM in Support re #101 MOTION for the Court to Restrict Pro Se Litigants John Edward Spainhour and David K. Oaks from using the Court E-Filling System and have both Defendants Properly Refile their Pleadings and Motions Conventionally by Albert Robinson received in Charlotte. Duplicate of MEMORANDUM of Law In Support of #96 Motion filed in Asheville. (kby)
October 18, 2021 Opinion or Order Filing 101 *DUPLICATE* "MOTION for the Court to Restrict Pro Se Litigants John Edward Spainhour and David K. Oaks from using the Court E-Filling System and have both Defendants Properly Refile their Pleadings and Motions Conventionally" by Albert Robinson received in Charlotte. Duplicate of #96 MOTION filed in Asheville. Responses due by 11/1/2021. (kby). Motions referred to W. Carleton Metcalf.
October 18, 2021 Opinion or Order Filing 100 *DUPLICATE* Plaintiff's FOURTH NOTICE of Authority by Albert Robinson received in Charlotte. Duplicate of #95 Fourth NOTICE of Authority filed in Asheville. (Attachments: #1 Exhibits 0017a, 0525, 0528, 0529, 0533)(kby) Modified file date on 10/19/2021 (kby). Modified text to correct attachment description, on 10/20/2021 (hms).
October 18, 2021 Opinion or Order Filing 99 "Request to Amend the Rules Thus Allowing Pro Se Litigant Albert Robinson to E-File Pleadings" by Albert Robinson. Responses due by 11/1/2021. (Attachments: #1 Envelope) (hms) Motions referred to W. Carleton Metcalf.
October 18, 2021 Opinion or Order Filing 97 MEMORANDUM of Law In Support of #96 Motion by Albert Robinson. (Attachments: #1 Envelope) (rhf)
October 18, 2021 Opinion or Order Filing 96 "MOTION for the Court to Restrict Pro Se Litigants John Edward Spainhour and David K. Oaks from using the Court E-Filling System and have both Defendants Properly Refile their Pleadings and Motions Conventionally" by Albert Robinson. Responses due by 11/1/2021. (Attachments: #1 Envelope) (rhf) Motions referred to W. Carleton Metcalf.
October 18, 2021 Opinion or Order Filing 95 Fourth NOTICE of Authority by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
October 15, 2021 Opinion or Order Filing 94 REPLY to Objection to #90 Memorandum and Recommendations by McAngus, Goudelock & Courie, PLLC and by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., John Edward Spainhour. (Attachments: #1 Exhibit 1)(Spainhour, John)
October 4, 2021 Opinion or Order Filing 93 RESPONSE to Motion re: "Pro Se Defendant David K. Oaks' Rule 12" #87 MOTION to Dismiss, by Albert Robinson. Replies due by 10/12/2021. (Attachments: #1 Envelope) (ejb)
October 1, 2021 Opinion or Order Filing 92 *"RESPONSE AND OBJECTION" to #90 Memorandum and Recommendations by Albert Robinson. Replies due by *10/15/2021. (Attachments: #1 Exhibit Memorandum Decision Granting Motion to Reopen filed in USBC NYSD 07-36011-cgm, #2 Exhibit A 0526 Appellant's Initial Brief filed in Florida District Court of Appeals, #3 Exhibit A 0526's Appendix and Exhibits in Support of Appellant's Initial Brief, #4 Exhibit 0017a, #5 Plaintiff's Exhibit 00027, #6 Plaintiff's Exhibit 0197, #7 Plaintiff's Exhibit 0208, #8 Exhibit 0430, #9 Exhibit 0431c, #10 Exhibit 0525, #11 Envelope) (ejb) Modified *text and corrected filed date of this pleading to *10/01/2021 and *corrected date Replies are due by to *10/15/2021. NEF Regenerated (ejb).
September 27, 2021 Opinion or Order Filing 91 Third NOTICE of Supplemental Authority by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
September 24, 2021 Opinion or Order Filing 90 MEMORANDUM AND RECOMMENDATIONS on #34 MOTION to Dismiss and Answer filed by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A., #37 MOTION to Dismiss Plaintiff's First Amended Complaint MOTION to Dismiss for Failure to State a Claim filed by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., #60 MOTION Rule 60(B) Motion filed by Albert Robinson, #62 MOTION for Sanctions against Plaintiff Albert Robinson filed by Section 23 Property Owner's Association, Inc., David Keith Oaks, John Edward Spainhour, McAngus, Goudelock & Courie, PLLC, D. V. Rao, Section 23, Property Owner's Association, Inc., #63 MOTION to Dismiss Case as Frivolous filed by Section 23 Property Owner's Association, Inc., David Keith Oaks, John Edward Spainhour, McAngus, Goudelock & Courie, PLLC, D. V. Rao, Section 23, Property Owner's Association, Inc., #84 MOTION for Default Judgment as to filed by Albert Robinson, #85 MOTION Confirm Section 23 Property Owner's Association, Inc. and Section 23, Property Owner's Association, Inc. are Two Separate Entities filed by Albert Robinson, #86 MOTION for Sanctions filed by Albert Robinson and #87 MOTION to Dismiss filed by David Keith Oaks. Objections to M&R due by 10/8/2021. Signed by Magistrate Judge W. Carleton Metcalf on 9/24/2021. (kby)
September 24, 2021 Opinion or Order Filing 89 First NOTICE of Supplemental Authority by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
September 22, 2021 Opinion or Order Filing 88 Second NOTICE of Supplemental Authority by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
September 22, 2021 Opinion or Order Filing 87 MOTION to Dismiss by David Keith Oaks. Responses due by 10/6/2021 (Attachments: #1 Memorandum, #2 Appendix, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9) (Oaks, David). Motions referred to W. Carleton Metcalf. Modified to remove duplicate exhibit text on 9/23/2021 (kby).
September 21, 2021 Opinion or Order Motion referred to W. Carleton Metcalf: #84 MOTION for Default Judgment as to David K. Oaks. (maf)
September 20, 2021 Opinion or Order Filing 86 MOTION for Sanctions against Attorneys John Edward Spainhour, David K. Oaks, the Law Firms of McAngus, Goudelock & Couries and David K. Oaks, P.A. by Albert Robinson. Responses due by 10/4/2021. (Attachments: #1 Memorandum, #2 Composite Exhibit A, #3 Envelope) Motions referred to W. Carleton Metcalf. (maf)
September 20, 2021 Opinion or Order Filing 85 MOTION for the Court to Confirm that Section 23 Property Owner's Association, Inc. and Section 23, Property Owner's Association, Inc. are Two Separate Entities by Albert Robinson. Responses due by 10/4/2021. (Attachments: #1 Memorandum, #2 Composite Exhibit A, #3 Exhibit - FL Order Granting Defendant's Motion to Transfer Venue, #4 Envelope) (maf). Motions referred to W. Carleton Metcalf.
September 20, 2021 Opinion or Order Filing 84 MOTION for Default Judgment as to David K. Oaks and OBJECTION to #81 Motion for an Extension of Time to File a Response by Albert Robinson. Responses due by 10/4/2021. (Attachments: #1 Memorandum, #2 Exhibit - Doc. 7, #3 Envelope) (maf)
September 20, 2021 Opinion or Order Filing 83 RESPONSE to Defendants' #80 Submission of the Recent Order from the Florida Supreme Court by Albert Robinson. (Attachment: #1 Exhibit) (maf) (Additional attachment(s) added on 9/21/2021: #2 Envelope) (maf).
September 14, 2021 Opinion or Order Filing 82 ORDER granting #81 Motion for Extension of Time and the deadline for David K. Oaks, Esq. to file an answer or otherwise respond to Plaintiff's #30 First Amended Complaint is EXTENDED through and including 9/25/2021. Signed by Magistrate Judge W. Carleton Metcalf on 9/14/2021. (kby)
September 13, 2021 Opinion or Order Filing 81 MOTION for Extension of Time to Answer by David Keith Oaks. (Oaks, David). Motions referred to W. Carleton Metcalf.
September 10, 2021 Opinion or Order Filing 80 NOTICE of Supplemental Authority by McAngus, Goudelock, Courie, PLLC and by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., John Edward Spainhour (Attachments: #1 Exhibit 1)(Spainhour, John)
September 9, 2021 Opinion or Order Filing 78 ORDER: The #47 Motion to Disqualify Counsel is deemed WITHDRAWN as to Mr. Spainhour and is DENIED as to Mr. Oaks. Plaintiff's #56 Motion to Compel is DENIED. Plaintiff's #59 Motion for Leave to File Surreply is GRANTED and the Court will consider Plaintiff's Surreply (Doc. 59-1 at 6-17). The #58 Motion for Early Discovery Regarding Rao and the #70 Motion for Early Discovery Regarding Video Footage are DENIED. Plaintiff's #73 Brief, which is construed as a motion, is also DENIED. Plaintiff's #65 Motion to E-File is DENIED. Plaintiff's #77 Motion to Strike is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 9/9/2021. (See Order for further details.) (maf)
September 9, 2021 Opinion or Order Filing 77 MOTION to Strike the Defendants' ECF Filed Doc. #76 Mis-Titled as "Notice of Supplemental Authority" by Albert Robinson. Responses due by 9/23/2021. (maf)
September 9, 2021 Opinion or Order Motion referred to W. Carleton Metcalf.: #77 MOTION to Strike #76 Notice to be addressed by Judge Metcalf. (maf)
September 9, 2021 Opinion or Order Minute Entry: MOTION HEARING held before Magistrate Judge W. Carleton Metcalf on 9/9/2021 re: the #34 , #37 , #47 , #56 , #58 , #59 , #60 , #62 , #63 , #65 , #70 , and #77 motions. Oral argument heard. Rulings made on the record with respect to the #47 , #56 , #58 , #59 , #65 , #70 , and #77 motions. Motions #34 , #37 , #60 , #62 , #63 taken under advisement. Order to issue. Pro se plaintiff: Albert Robinson. Defense attorneys: David Keith Oaks and John E. Spainhour. Court reporter: DCR. (maf)
September 3, 2021 Opinion or Order Filing 76 NOTICE of Supplemental Authority by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., John Edward Spainhour, *McAngus, Goudelock & Courie, PLLC, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Spainhour, John) Modified *text on 9/3/2021 to add Deft McAngus, Goudelock & Courie, PLLC as an additional filer of this pleading. NEF Regenerated (ejb).
August 30, 2021 Opinion or Order Filing 75 Supplemental Appendix of Exhibits of Breaking Facts by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
August 30, 2021 Opinion or Order Filing 74 ORDER that Pltf's #72 Motion "For Leave to Bring Laptop and Cell Phone to Upcoming Hearing or in the Alternative to Attend the Hearing Telephonically" is GRANTED IN PART as follows: (1) Pltf is GRANTED LEAVE to bring his laptop and cell phone to the hearing currently set for 9/9/2021 beginning at 10:00 a.m. However, such leave is limited to use of these electronic devices solely for purposes of participating in the 9/9/2021 hearing, and Pltf is ADVISED that he must adhere to all requirements set forth in the Local Civil Rules, including those set forth in LCvR 83.3. (2) Pltf's alternative request to attend the 9/9/2021 hearing telephonically is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 8/30/2021. (ejb)
August 27, 2021 Opinion or Order Filing 73 "Plaintiff's Brief in Support of Emergency Motion for Leave to Conduct Pre Rule 26 Discovery" by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope). (rhf)
August 27, 2021 Opinion or Order Filing 72 MOTION "For Leave to Bring Laptop and Cell Phone to Upcoming Hearing or in the Alternative to Attend the Hearing Telephonically" by Albert Robinson. Responses due by 9/10/2021. (Attachments: #1 Envelope). (rhf) Motions referred to W. Carleton Metcalf.
August 23, 2021 Opinion or Order Filing 71 Exhibit Addendum to Plaintiff's #66 Response to Motion, #68 Response to Motion, by Albert Robinson. (Attachments: #1 Exhibits, #2 Envelope) (hms)
August 18, 2021 Opinion or Order NOTICE of Hearing on Motion: #70 Motion for Leave to Conduct Pre Rule 26 Discovery will be heard on 9/9/2021 at 10:00 a.m. in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge W. Carleton Metcalf. (One time courtesy mailing to be sent to Plaintiff via regular mail at his address of record to ensure he is notified of the hearing (on all pending motions) to be held on 9/9/2021.) (maf)
August 16, 2021 Opinion or Order Filing 70 MOTION for Leave to Conduct Pre Rule 26 Discovery on Defendant David K. Oaks, P.A. and/or Section 23, Property Owner's Association, Inc. by Albert Robinson. Responses due by 8/30/2021. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 0505, #3 Exhibit 0506, #4 Envelope) (rhf) Motions referred to W. Carleton Metcalf.
August 13, 2021 Opinion or Order Filing 69 EXHIBIT ADDENDUM by Albert Robinson. Exhibit "0498" to Pltf Robinson's #48 RESPONSE to #34 MOTION to Dismiss and Answer filed by Defts Five Oaks Investments, Inc. and The Law Firm of David K. Oaks, P.A. (Attachments: #1 Envelope) (ejb)
August 12, 2021 Opinion or Order NOTICE of Hearing on Motions re: #47 MOTION to Disqualify Counsel, #37 MOTION to Dismiss Plaintiff's First Amended Complaint MOTION to Dismiss for Failure to State a Claim , #34 MOTION to Dismiss and Answer, #56 MOTION to Compel, #58 MOTION for Leave to Conduct Pre Rule 26 Discovery on Defendant David K. Oaks, #60 MOTION Rule 60(B) Motion, #65 MOTION for Leave to Begin Using the NextGen E-Filing System on 8/30/2021 or in the alternative Restrict Pro Se Litigant John Edward Spainhour From Using the Court E-Filing System and to Have Him Refile the E-Filed Papers Conventionally, #59 MOTION for Leave to File, #63 MOTION to Dismiss Case as Frivolous , #62 MOTION for Sanctions against Plaintiff Albert Robinson. Motion Hearing on all pending motions set for 9/9/2021 10:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(kby)
August 10, 2021 Opinion or Order Filing 68 RESPONSE to Motion re #63 MOTION to Dismiss Case as Frivolous by Albert Robinson. Defendants' Replies due by 8/17/2021. (Attachments: #1 Envelope) (ejb)
August 9, 2021 Opinion or Order Filing 67 APPENDIX by Albert Robinson. Appendix to: #68 RESPONSE to #63 Motion to Dismiss Case as Frivolous. (Attachments: #1 Exhibit 0496, #2 Exhibit 0497, #3 Exhibit 0499, #4 Envelope) (ejb)
August 5, 2021 Opinion or Order Filing 66 RESPONSE to Motion re #62 MOTION for Sanctions against Plaintiff Albert Robinson by Albert Robinson. Replies due by 8/12/2021. (Attachments: #1 Appendix of Exhibits, #2 Exhibit C cover sheet, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3, #6 Exhibit C4, #7 Exhibit C5, #8 Exhibit C6, #9 Exhibit 0495, #10 Envelope) (ejb)
August 5, 2021 Opinion or Order Filing 65 MOTION for Leave to Begin Using the NextGen E-Filing System on 8/30/2021 or in the alternative Restrict Pro Se Litigant John Edward Spainhour From Using the Court E-Filing System and to Have Him Refile the E-Filed Papers Conventionally by Albert Robinson. Responses due by 8/19/2021. (Attachments: #1 Memorandum in Support) (ejb). Motions referred to W. Carleton Metcalf. (Additional attachment added on 8/6/2021: #2 Envelope). NEF Regenerated (ejb).
July 30, 2021 Opinion or Order Filing 64 ANSWER to #30 Amended Complaint by McAngus, Goudelock & Courie and John Edward Spainhour. (Spainhour, John) Modified filers on 8/2/2021. (maf)
July 30, 2021 Opinion or Order Filing 63 MOTION to Dismiss Case as Frivolous by McAngus, Goudelock & Courie, PLLC, David Keith Oaks, D. V. Rao, Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., John Edward Spainhour. Responses due by 8/13/2021 (Attachments: #1 Memorandum) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 30, 2021 Opinion or Order Filing 62 MOTION for Sanctions against Plaintiff Albert Robinson by McAngus, Goudelock & Courie, PLLC, David Keith Oaks, D. V. Rao, Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc., John Edward Spainhour. Responses due by 8/13/2021 (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Memorandum) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 30, 2021 Opinion or Order Filing 61 REPLY to Response to Motion re #37 MOTION to Dismiss Plaintiff's First Amended Complaint MOTION to Dismiss for Failure to State a Claim by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc.. (Spainhour, John)
July 30, 2021 Opinion or Order Filing 60 MOTION Rule 60(B) Attack on the Void Orders issued in the State and USDC and Submitted by the Defendants in Support of Their Motion to Dismiss, by Albert Robinson. Responses due by 8/13/2021. (Attachments: #1 Memorandum in Support of Motion, #2 Appendix of Exhibits in Support of Motion, #3 Envelope) (hms) Motions referred to W. Carleton Metcalf.
July 30, 2021 Opinion or Order Filing 59 MOTION for Leave to File a Surreply to Defendants' David K. Oaks, P.A. and Five Oaks Investments, Inc. Reply, Doc. #53 , by Albert Robinson. Responses due by 8/13/2021. (Attachments: #1 Memorandum in Support of Motion, #2 Appendix of Exhibits in Support of Motion, #3 Envelope) (hms) Motions referred to W. Carleton Metcalf.
July 27, 2021 Opinion or Order Filing 58 MOTION for Leave to Conduct Pre Rule 26 Discovery on Defendant David K. Oaks by Albert Robinson. Responses due by 8/10/2021. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 0479a, #3 Exhibit 0479b, #4 Exhibit 0480, #5 Exhibit 0481, #6 Envelope) (ejb). Motions referred to W. Carleton Metcalf.
July 26, 2021 Opinion or Order Filing 57 Appendix Addendum to Include the Missing Exhibit "0225" by Albert Robinson. (Attachment: #1 Envelope) (maf) (Additional attachment(s) added on 7/27/2021: #2 missing pages of Exhibit "0225" received 7/27/2021, #3 7/27/2021 Envelope). NEF Regenerated on 7/27/2021 (ejb).
July 26, 2021 Opinion or Order Filing 56 MOTION to Compel Opposing Counsel to Identify his Client and the Party Paying his Client's Attorney's Fees by Albert Robinson. Responses due by 8/9/2021. (Attachments: #1 Memorandum in Support, #2 Envelope) Motions referred to W. Carleton Metcalf. (maf)
July 26, 2021 Opinion or Order Filing 55 ORDER granting #54 Motion for Extension of Time to File Reply re #37 MOTION to Dismiss. Replies due by 8/2/2021. Signed by Magistrate Judge W. Carleton Metcalf on 7/26/2021. (maf)
July 25, 2021 Opinion or Order Filing 54 MOTION for Extension of Time to File Response/Reply by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc.. Responses due by 8/9/2021 (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 25, 2021 Opinion or Order Filing 53 REPLY to Response to Motion re #34 MOTION to Dismiss and Answer by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. (Oaks, David)
July 21, 2021 Opinion or Order Filing 52 Summons Issued Electronically as to The David K. Oaks Personal Trust. NOTICE: Pro Se Plaintiff Albert Robinson shall print the summons and serve with other case opening documents ( #30 First Amended Complaint) in accordance with Fed.R.Civ.P.4 . (ejb)
July 19, 2021 Opinion or Order Filing 50 Appendix by Albert Robinson. Joint Appendix of Exhibits in Support of Pltf's #48 Response to Motion "Doc. #34 Complete" and #49 Response to Motion "Doc. #37 Complete"; Pltf's #56 Motion to Order Opposing Counsel to Identify Client and #47 Motion to Disqualify Opposing Counsel/Defendants David K. Oak and John Edward Spainhour. (Attachments: #1 Exhibit 0002, #2 Exhibit 0005, #3 Exhibit 0007, #4 Exhibit 0009, #5 Exhibit 0010, #6 Exhibit 0032, #7 Exhibit 0078, #8 Exhibit 0228c, #9 Exhibit 0234, #10 Exhibit 0235, #11 Exhibit 0482, #12 Exhibit 0483, #13 Exhibit 0484, #14 Exhibit 0485, #15 Exhibit 0274, #16 Envelope) (ejb) Modified on 7/27/2021 to add link to documents 56 & #57 Exhibit 0225 ***NOTE: these documents were referenced in this original filing, however, they were not include in the envelope.*** NEF Regenerated (ejb).
July 19, 2021 Opinion or Order Filing 49 RESPONSE to Motion re: #37 MOTION to Dismiss filed by Defts Section 23, Property Owner's Association, Inc., and Section 23 Property Owner's Association, Inc. by Albert Robinson. Replies due by 7/26/2021. (Attachments: #1 Exhibit A, #2 Envelope) (ejb)
July 19, 2021 Opinion or Order Filing 48 RESPONSE to Motion re: #34 MOTION to Dismiss filed by Defts David K. Oaks, P.A. and Five Oaks Investments, Inc.'s, by Albert Robinson. Replies due by 7/26/2021. (Attachments: #1 Exhibit A, #2 Envelope) (ejb)
July 19, 2021 Opinion or Order Filing 47 MOTION to Disqualify Opposing Counsel/Defendants David K. Oak and John Edward Spainhour by Albert Robinson. Responses due by 8/2/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Envelope) (ejb). Motions referred to W. Carleton Metcalf.
July 19, 2021 Opinion or Order Filing 46 NOTICE to the Court of Mailing Address and Request to Receive Copies via Court ECF by Albert Robinson. (Only change to mailing address is Zip Code changed from 30501 (see Doc. #39 ) to 30504, and Plaintiff is already receiving all filings via ECF) (Attachments: #1 Envelope)(ejb)
July 19, 2021 Opinion or Order Filing 45 ORDER denying #40 Motion for Default Judgment. Signed by Chief Judge Martin Reidinger on 7/19/2021. (maf)
July 15, 2021 Opinion or Order Filing 44 ORDER granting #43 Motion for Extension of Time to Answer re #30 First Amended Complaint. McAngus, Goudelock & Courie, PLLC answer due 8/13/2021. Signed by Magistrate Judge W. Carleton Metcalf on 7/15/2021. (khm)
July 13, 2021 Opinion or Order Filing 43 MOTION for Extension of Time to Answer re: #30 Amended Complaint, by McAngus, Goudelock & Courie, PLLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 13, 2021 Opinion or Order Filing 42 Corporate Disclosure Statement by McAngus, Goudelock & Courie, PLLC (Spainhour, John)
July 13, 2021 Opinion or Order Filing 41 NOTICE of Appearance by John E. Spainhour on behalf of McAngus, Goudelock & Courie, PLLC (Spainhour, John)
July 12, 2021 Opinion or Order Filing 40 Plaintiff's Motion for Default Judgment Against Section 23 Property Owner;s Association, Inc. as to by Albert Robinson. Responses due by 7/26/2021. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Default Final Judgment, #2 Exhibit A, #3 Envelope) (rhf)
July 12, 2021 Opinion or Order Filing 39 Plaintiff's Notice to the Court of Mailing Address and Request to Receive Copies via Court ECF. (Attachments: #1 Envelope) (It appears Plaintiff already receives copies via ECF). (rhf)
July 8, 2021 Opinion or Order Filing 38 ORDER: Plaintiff's #36 Motion to Compel Opposing Counsel to Engage in a Rule 26(f) Meeting and Adhere to F.R.C.P. 26 is DENIED WITHOUT PREJUDICE AS PREMATURE. Signed by Magistrate Judge W. Carleton Metcalf on 7/8/2021. (maf)
July 6, 2021 Opinion or Order Filing 37 MOTION to Dismiss Plaintiff's First Amended Complaint, MOTION to Dismiss for Failure to State a Claim by Section 23 Property Owner's Association, Inc., Section 23, Property Owner's Association, Inc.. Responses due by 7/20/2021 (Attachments: #1 Memorandum in support of Motion to Dismiss, #2 Appendix, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4.A., #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 8.A., #13 Exhibit 9, #14 Exhibit 9.A., #15 Exhibit 9.B., #16 Exhibit 10, #17 Exhibit 10.A., #18 Exhibit 11) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 6, 2021 Opinion or Order Filing 36 Plaintiff's MOTION to Compel Opposing Counsel to Engage in a Rule 26(F) Meeting and Adhere to F.R.C.P. 26., by Albert Robinson. Responses due by 7/20/2021. (Attachments: #1 Exibit A, #2 Exhibit B, #3 Envelope) (hms) Motions referred to W. Carleton Metcalf.
July 6, 2021 Opinion or Order Filing 35 Plaintiff's NOTICE of Change of Address and Email Address by Albert Robinson. New address: C/O General Delivery, 2530 Pentee Dr., Gainesville, GA 30507. (Attachments: #1 Envelope) (hms)
July 6, 2021 Opinion or Order Filing 34 MOTION to Dismiss and Answer by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. Responses due by 7/20/2021 (Attachments: #1 Memorandum, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix) (Oaks, David). Motions referred to W. Carleton Metcalf.
June 30, 2021 Opinion or Order Filing 33 SUMMONS Returned Executed by Albert Robinson. McAngus, Goudelock & Courie, PLLC served on 6/28/2021, answer due 7/19/2021; Section 23, Property Owner's Association, Inc. served on 6/28/2021, answer due 7/19/2021. (Attachments: #1 Envelope) (hms)
June 25, 2021 Opinion or Order Filing 32 Summons Issued Electronically as to Section 23, Property Owner's Association, Inc.; John Edward Spainhour; McAngus, Goudelock & Courie, PLLC; and D. V. Rao, NOTICE: Pro Se Plaintiff Albert Robinson shall print the summons and serve with other case opening documents ( #30 First Amended Complaint) in accordance with Fed.R.Civ.P.4 . (ejb) NEF Regenerated on 6/25/2021 to Pltf Albert Robinson's new email address. (ejb).
June 25, 2021 Opinion or Order Filing 31 ORDER that Pltf's #9 Motion for Final Summary Judgment is DENIED WITHOUT PREJUDICE AS PREMATURE; Pltf's #14 Motion for the Court to Take Judicial Notice is DENIED WITHOUT PREJUDICE AS PREMATURE; Defts David K. Oaks, P.A.'s and Five Oaks Investments, Inc.'s #22 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue is DENIED AS MOOT; and Deft Section 23 Property Owner's Association Inc.'s #28 Motion to Dismiss is DENIED AS MOOT. Signed by Magistrate Judge W. Carleton Metcalf on 6/25/2021. (ejb) NEF Regenerated on 6/25/2021 to Pltf Albert Robinson's new email address. (ejb)
June 25, 2021 Opinion or Order Motions referred to W. Carleton Metcalf: #14 MOTION, #9 MOTION for Summary Judgment. (khm)
June 23, 2021 Opinion or Order Filing 30 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Albert Robinson. (Attachments: #1 Appendix "A", #2 Appendix "B", #3 Appendix "C", #4 four proposed Summons, #5 Envelope) (ejb)
June 18, 2021 Opinion or Order Filing 29 REPLY to Response re #14 MOTION by Albert Robinson. (Attachments: #1 Exhibit, #2 Envelope) (rhf)
June 18, 2021 Opinion or Order Filing 28 MOTION to Dismiss by Section 23 Property Owner's Association, Inc.. Responses due by 7/2/2021 (Attachments: #1 Memorandum in Support of Motion, #2 Appendix of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4.A., #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 8.A., #13 Exhibit 9, #14 Exhibit 9.A., #15 Exhibit 9.B., #16 Exhibit 10, #17 Exhibit 10.A.) (Spainhour, John). Motions referred to W. Carleton Metcalf.
June 17, 2021 Opinion or Order Filing 27 ANSWER to #1 Complaint with Jury Demand and MOTION to Dismiss by Section 23 Property Owner's Association, Inc. (Attachments: #1 Memorandum in Support of Motions to Dismiss, #2 Appendix to Exhibits in Support of Motions to Dismiss, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4.A., #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 8.A., #13 Exhibit 9, #14 Exhibit 9.B., #15 Exhibit 10, #16 Exhibit 10.A.)(Spainhour, John) Modified docket text on 6/18/2021. (maf)
June 15, 2021 Opinion or Order Filing 26 RESPONSE in Opposition re #14 MOTION by Plaintiff to take Judicial Notice by Section 23 Property Owner's Association, Inc.. Replies due by 6/22/2021 (Spainhour, John)
June 15, 2021 Opinion or Order Filing 25 RESPONSE in Opposition re #14 MOTION by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. (Attachments: #1 Memorandum)(Oaks, David)
June 14, 2021 Opinion or Order Filing 24 Appendix by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. Appendix re: #22 Motion to Dismiss, #23 Memorandum in Support of Motion (Attachments: #1 Appendix, #2 Appendix, #3 Appendix)(Oaks, David)
June 14, 2021 Opinion or Order Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. (Oaks, David)
June 14, 2021 Opinion or Order Filing 22 MOTION to Dismiss by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. Responses due by 6/28/2021 (Oaks, David). Motions referred to W. Carleton Metcalf.
June 10, 2021 Opinion or Order Filing 21 REPLY to Response to Motion re #9 MOTION for Summary Judgment by Albert Robinson. (Attachments: #1 Envelope) (rhf)
June 7, 2021 Opinion or Order Filing 20 Appendix re #18 Response to Plaintiff's Motion for Summary Judgment by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Oaks, David) Modified text on 6/10/2021. (khm)
June 7, 2021 Opinion or Order Filing 19 MEMORANDUM in Opposition re #9 MOTION for Summary Judgment, #14 MOTION by Section 23 Property Owner's Association, Inc.. Replies due by 6/14/2021 (Spainhour, John)
June 7, 2021 Opinion or Order Filing 18 MEMORANDUM in Opposition re #9 MOTION for Summary Judgment by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. Replies due by 6/14/2021 (Oaks, David)
June 7, 2021 Opinion or Order Filing 17 RESPONSE in Opposition re #9 MOTION for Summary Judgment by Five Oaks Investments, Inc., The Law Firm of David K. Oaks, P.A.. Replies due by 6/14/2021 (Oaks, David)
June 4, 2021 Opinion or Order Filing 16 Request to Receive Electronic Notification by Albert Robinson. (Attachments: #1 Envelope) (rhf)
June 1, 2021 Opinion or Order Filing 15 NOTICE of Correct Address and request to receive copies via court ECF by Albert Robinson. (Attachments: #1 Envelope) (hms)
June 1, 2021 Opinion or Order Filing 14 Plaintiff's MOTION for the Court to Take Judicial Notice by Albert Robinson. Responses due by 6/15/2021. (Attachments: #1 Cover Sheet, #2 Envelope) (hms) Modified on 6/7/2021 to remove reference of referral to Magistrate. NEF Regenerated. (maf)
May 26, 2021 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to Answer, and the deadline for Defendant Section 23 Property Owner's Association, Inc. to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including 6/17/2021. Signed by Magistrate Judge W. Carleton Metcalf on 5/26/2021. (Pro se litigant served by US Mail.)(khm)
May 26, 2021 Opinion or Order Filing 12 MOTION for Extension of Time to Answer re: #1 Complaint,,, by Section 23 Property Owner's Association, Inc.. (Spainhour, John). Motions referred to W. Carleton Metcalf.
May 26, 2021 Opinion or Order Filing 11 Corporate Disclosure Statement by Section 23 Property Owner's Association, Inc. (Spainhour, John)
May 26, 2021 Opinion or Order Filing 10 NOTICE of Appearance by John E. Spainhour on behalf of Section 23 Property Owner's Association, Inc. (Spainhour, John)
May 25, 2021 Opinion or Order Filing 8 ORDER: 1) The #7 Motion for Extension of Time to Answer or Otherwise Plead is GRANTED IN PART and the deadline for Defendants David K. Oaks, P.A. and Five Oaks Investments, Inc. to respond to Plaintiff's Complaint is EXTENDED through and including 6/14/2021; and 2) The Motion is DENIED AS PREMATURE as to Defendant David Keith Oaks. Signed by Magistrate Judge W. Carleton Metcalf on 5/24/2021. (Pro se litigant served by US Mail.) (maf) Modified signature date on 5/25/2021 (rth).
May 24, 2021 Opinion or Order Filing 9 MOTION for Final Summary Judgment by Albert Robinson. Responses due by 6/7/2021. (Attachments: #1 Brief in Support of Plaintiff's Motion for Final Summary Judgment, #2 Plaintiff's List of Undisputed Material Facts in Support of Plaintiff's Motion for Final Summary Judgment, #3 Plaintiff's Appendix of Exhibits in Support of Motion, #4 Envelope) (rhf)
May 24, 2021 Opinion or Order Filing 7 MOTION for Extension of Time to Answer by David Keith Oaks, Five Oaks Investments, Inc., and The Law Firm of David K. Oaks, P.A. (Oaks, David). Motions referred to W. Carleton Metcalf. Modified filers on 5/25/2021. NEF regenerated. (maf)
May 24, 2021 Opinion or Order Filing 6 Corporate Disclosure Statement by The Law Firm of David K. Oaks, P.A. (Oaks, David) Modified filers on 5/25/2021. NEF Regenerated. (maf)
May 24, 2021 Opinion or Order Filing 5 Corporate Disclosure Statement by Five Oaks Investments, Inc. (Oaks, David) Modified on 5/25/2021 to correct filing party. NEF Regenerated. (maf)
May 24, 2021 Opinion or Order Filing 4 NOTICE of Appearance by David Keith Oaks on behalf of Five Oaks Investments, Inc., David Keith Oaks, and The Law Firm of David K. Oaks, P.A. (Oaks, David) Modified on 5/25/2021 to add additional parties as filers. NEF Regenerated. (maf)
May 10, 2021 Opinion or Order Filing 3 SUMMONS Returned Executed by Albert Robinson. Five Oaks Investments, Inc., Section 23 Property Owner's Association, Inc., The Law Firm of David K. Oaks, P.A., served on 5/6/2021, answers due 5/27/2021. (Attachments: #1 Envelope) (hms) NEF regenerated. Modified to fix filed date on 5/12/2021 (hms).
May 6, 2021 Opinion or Order Partial Filing Fee Received: $ 2.00, receipt number CHD065391 (js)
May 5, 2021 Opinion or Order Partial Filing Fee Received: $ 400.00, receipt number CHD065385 (js)
May 3, 2021 Opinion or Order Filing 2 Summons Issued Conventionally as to All Defendants. (rhf)
April 29, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand, filed by Albert Robinson. (Attachments: #1 Appendix "B" & "D" In Support of Plaintiff's Original Complaint, #2 Appendix In Support of Plaintiff's Original Complaint, #3 Exhibit 0002, #4 Exhibit 0005, #5 Exhibit 0008, #6 Exhibit 00010, #7 Exhibit 0011, #8 Exhibit 0012, #9 Exhibit 0013, #10 Exhibit 00015, #11 Exhibit 0022, #12 Exhibit 0030, #13 Exhibit 0032, #14 Exhibit 0039, #15 Exhibit 0052, #16 Exhibit 0056, #17 Exhibit 0078, #18 Exhibit 0095, #19 Exhibit 0198, #20 Exhibit 0206, #21 Exhibit 0234, #22 Exhibit 0285, #23 Exhibit 0321, #24 Exhibit 0337, #25 Exhibit 0428, #26 Exhibit 0443, #27 Exhibit 0454c, #28 Exhibit 0469, #29 Cover Sheet, #30 Proposed Summons) (rhf) Modified texts on 4/30/2021 (rhf).

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Search for this case: Robinson v. Oaks et al
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Plaintiff: Albert Robinson
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Defendant: The David K. Oaks Personal Trust
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Defendant: Oaks K. David
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Defendant: David Keith Oaks
Represented By: David Keith Oaks
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Defendant: Five Oaks Investments, Inc.
Represented By: David Keith Oaks
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Defendant: Section 23 Property Owner's Association, Inc.
Represented By: John E. Spainhour
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Defendant: D. V. Rao
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Defendant: Section 23, Property Owner's Association, Inc.
Represented By: John E. Spainhour
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Defendant: John Edward Spainhour
Represented By: John E. Spainhour
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Defendant: McAngus, Goudelock & Courie, PLLC
Represented By: John E. Spainhour
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Defendant: The Law Firm of David K. Oaks, P.A.
Represented By: David Keith Oaks
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