Wright v. MacConnell
Plaintiff: Dwaine Wright
Defendant: Rion MacConnell
Case Number: 3:2015cv00211
Filed: June 16, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R. Merz
Presiding Judge: Thomas M. Rose
Nature of Suit: Contract: Other
Cause of Action: 42 U.S.C. ยง 1981 Civil Rights
Jury Demanded By: None
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Date Filed Document Text
May 18, 2017 Opinion or Order Filing 72 ENTRY AND ORDER OVERRULING DEFENDANT'S OBJECTIONS 69 TO REPORT AND RECOMMENDATIONS 68 , ADOPTING REPORT AND RECOMMENDATIONS 68 , AND DENYING MOTION TO SET ASIDE DEFAULT JUDGMENT 63 . Signed by Judge Thomas M. Rose on 5-18-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 21, 2017 Opinion or Order Filing 68 REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - re 63 MOTION to Set Aside Default filed by Rion MacConnell Objections to R&R due by 5/5/2017. Signed by Magistrate Judge Michael R. Merz on 4/20/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 27, 2017 Opinion or Order Filing 65 ORDER REGARDING DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT - This case is before the Court on Plaintiffs Response (ECF No. 64 ) to Defendants Motion to Set Aside Default Judgment (ECF No. 63 ). The Motion to Set Aside was filed M arch 13, 2017. Plaintiff served his Response on March 19, 2017, claiming Defendant did not serve a copy on him. Plaintiff does not say how he knows of the Motion to Set Aside if he has not received a copy. Plaintiff is ordered to file an af fidavit with the Court stating how he learned of the Motion to Set Aside. Conversely, the Motion to Set Aside contains a Certificate of Service which asserts the Motion was in fact served on Plaintiff by ordinary mail directed to the same addre ss the Court has for Plaintiff. Defendant is ordered to file an affidavit setting forth in detail the facts of service of the Motion to Set Aside. In the future in this case, both parties are ordered to make proof of service by sworn affidavit. The Clerk is ordered to mail a copy of the Motion to Set Aside to Plaintiff. Plaintiffs time to respond to the motion is extended to and including April 10, 2017. Signed by Magistrate Judge Michael R. Merz on 3/21/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 21, 2017 Opinion or Order Filing 56 ORDER ADOPTING REPORT AND RECOMMENDATIONS 51 - ordered that default judgment be entered in favor of Plaintiff and against the Defendant in the amount of $3,691.00. Case terminated upon the docket. Signed by Judge Thomas M. Rose on 2-21-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 27, 2017 Opinion or Order Filing 51 REPORT AND RECOMMENDATIONS - It is respectfully recommended that default judgment enter in favor of the Plaintiff and against the Defendant in the amount of $3,691.00. Objections to R&R due by 2/10/2017. Signed by Magistrate Judge Michael R. Merz on 1/27/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 30, 2016 Opinion or Order Filing 45 DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION OF DENIAL OF DEFAULT JUDGMENT - 44 Motion for Reconsideration. Signed by Magistrate Judge Michael R. Merz on 9/29/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 26, 2016 Opinion or Order Filing 42 ORDER VACATING STAY - Upon advice from the United States Bankruptcy Court that Defendant's bankruptcy case has been dismissed, the stay entered herein on July 12, 2016, is VACATED. Signed by Magistrate Judge Michael R. Merz on 8/26/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 22, 2016 Opinion or Order Filing 41 DECISION AND ORDER DENYING MOTION FOR DEFAULTJUDGMENT WITHOUT PREJUDICE; UPDATE ON STATUS - Plaintiff's Motion for Default Judgment in the amount of $100,000 (ECF No. 34) is DENIED without prejudice to its renewal with proof of the damages suffered.The Court has received no further reports on the status of the bankruptcy case. Signed by Magistrate Judge Michael R. Merz on 8/20/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 12, 2016 Opinion or Order Filing 37 ORDER TO STAY - Proceedings in this case are accordingly stayed pending the outcome of the bankruptcy case. The parties shall advise this Court of the status of case 3:16-bk-31707 not later than August 1, 2016, and every sixty days thereafter. Signed by Magistrate Judge Michael R. Merz on 7/12/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 7, 2016 Opinion or Order Filing 33 ORDER ADOPTING SUBSTITUTED REPORT AND RECOMMENDATIONS 28 - It is hereby ORDERED Plaintiff's claims against U.S. Mint Green are DISMISSED without prejudice for lack of service of process. Signed by Judge Thomas M. Rose on 6-7-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 20, 2016 Opinion or Order Filing 28 SUBSTITUTED REPORT AND RECOMMENDATIONS; CLERK ORDERED TO ENTER DEFAULT - RE: 27 . Objections to R&R due by 6/6/2016. Signed by Magistrate Judge Michael R. Merz on 5/20/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 10, 2016 Opinion or Order Filing 25 REPORT AND RECOMMENDATIONS - It is recommended that unless Plaintiff show good cause to the contrary not later than May 19, 2016, this case be dismissed without prejudice. Objections to R&R due by 5/27/2016. Signed by Magistrate Judge Michael R. Merz on 5/9/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 19, 2015 Opinion or Order Filing 4 REPORT AND RECOMMENDATIONS re 3 Complaint filed by Dwaine Wright - It is therefore respectfully recommended that this case be dismissed without prejudice for failure to state a claim upon which relief can be granted under § 1983 or for lack of subject matter jurisdiction. Objections to R&R due by 7/9/2015. Signed by Magistrate Judge Michael R. Merz on 06/19/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Plaintiff: Dwaine Wright
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Defendant: Rion MacConnell
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