Graves v. Allied Automotive Group et al
| Tommy E. Graves |
| Central States Southeast and Southwest Areas Health and Welfare Fund, Allied Automotive Group, Ohio Bureau of Workers' Compensation and AIG Claims Services Inc |
| 3:2010cv00389 |
| October 18, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on August 22, 2011. A more recent docket listing may be available from PACER.
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| Filing 20 Clerk's Judgment with Notice of Disposal attached. Signed on 8/22/2011. (mdf1) |
| Filing 19 DECISION AND ENTRY OVERRULING PLAINTIFF'S OBJECTIONS TO REPORT AND RECOMMENDATIONS (DOC. #17 ); ADOPTING REPORT AND RECOMMENDATIONS (DOC. #11 ); DENYING LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 8/19/2011. (mdf1) |
| Filing 18 DECISION AND ENTRY. Plaintiff's Motions (Doc. Nos. #5 , #12 , #13 , #14 , #15 , #16 ) are DENIED. Plaintiff's Objections to the Report and Recommendations (Doc. #17 ) remain pending before District Judge Walter Herbert Rice. Signed by Magistrate Judge Sharon L Ovington on 3/8/2011. (mdf1) |
| Filing 17 OBJECTION to #11 Report and Recommendations, by Plaintiff Tommy E. Graves. (mdf1) |
| Filing 16 MOTION for filing correct statement of claim of complaint - doc #4 by Plaintiff Tommy E. Graves. (kf) |
| Filing 15 MOTION for filing correct statement of claim of complaint to Document #7 by Plaintiff Tommy E. Graves. (kf) |
| Filing 14 MOTION for the Proper Address of Service to the Defendant by Plaintiff Tommy E. Graves. (kf) |
| Filing 13 MOTION for filing the proper name of the defendant by Plaintiff Tommy E. Graves. (kf) |
| Filing 12 MOTION for Refiling Complaint by Plaintiff Tommy E. Graves. (kf) |
Filing 11
REPORT AND RECOMMENDATIONS re #7 Complaint, filed by Tommy E. Graves. IT IS RECOMMENDED THAT: 1. Plaintiff's claims against the remaining named defendants be DISMISSED without prejudice to renewal in state court; 2. The Court certify pursuant to 28 U.S.C. 1915(a)(3) that for the foregoing reasons an appeal of an Order adopting this Report and Recommendations would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis should be denied; and 3. The case be terminated on the docket of this Court. Objections to R&R due by 3/14/2011. Signed by Magistrate Judge Sharon L Ovington on 2/24/2011. (mdf1)
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| Filing 10 Response re #9 Order by Plaintiff Tommy E. Graves. (Attachments: #1 Complaint) (mdf1) |
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Filing 9
ORDER. Service within 120 days of filing: This action was filed October 18, 2010 as of the date of this Order, Plaintiff has filed neither a waiver of service nor proof of service on Defendants, Allied Automotive Group, Ohio Bureau of Workers' Compensation or AIG Claims Services, Inc. Plaintiff is reminded that Fed. R. Civ. P. 4(m) requires the Court to dismiss an action in which service is not made within 120 days of filing the Complaint. Plaintiff's time for filing proof of service or waiver expires February 15, 2011. Unless proof of service is filed by that date, the Court will dismiss the defendants, Allied Automotive Group, Ohio Bureau of Workers' Compensation or AIG Claims Services, Inc. from this action for lack of service of process. Signed by Judge Walter H Rice on 12/30/2010. (mdf1)
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| Filing 8 STIPULATION of Dismissal of Central States Southeast And Southwest Areas Health And Welfare Fund by Defendant Central States Southeast and Southwest Areas Health and Welfare Fund, Plaintiff Tommy E. Graves. (McIntyre, M) |
| Filing 6 RULE 26(f) REPORT by Defendant Central States Southeast and Southwest Areas Health and Welfare Fund. (McIntyre, M) |
| Filing 5 MOTION for Extension of Time, by Plaintiff Tommy E. Graves. (mdf1) |
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Filing 4
Preliminary Pretrial Conference Order. In accordance with mandates of Fed. R. Civ. P.26(f), the parties must meet and confer in order to file the 26(f) Report of parties by December 7, 2010. Pretrial procedures and forms can be found on our website at www.ohsd.uscourts.gov. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. Signed by Magistrate Judge Sharon L Ovington on 10/27/2010. (mdf1) Modified on 10/28/2010 to correct typo (mdf1).
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| Filing 3 ANSWER to Complaint and AFFIRMATIVE DEFENSES filed by Central States Southeast and Southwest Areas Health and Welfare Fund. (McIntyre, M) Modified on 12/14/2010 to correct association (mdf1). |
| Filing 2 Case transferred in from Western Division at Cincinnati Division on 10/19/2010 Case Number 1:10-cv-724. Case assigned to Judge Walter H Rice and Magistrate Judge Sharon L Ovington. (km1) |
| Filing 7 (COPY OF COMPLAINT Originally filed in Montgomery County Common Pleas Court on 9/14/10) against AIG Claims Services Inc, Allied Automotive Group, Central States Southeast and Southwest Areas Health and Welfare Fund, Ohio Bureau of Workers' Compensation, filed by Tommy E. Graves. (cib1) |
| Filing 1 NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2010 cv 7302 ( Filing fee $ 350 paid - receipt number: 0648-2833433), filed by Central States Southeast and Southwest Areas Health and Welfare Fund. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet, #3 Civil Cover Sheet Supplemental) (McIntyre, M) |
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