DEARRY v. FOLLIS, et al
| IDELL DEARRY |
| BILL FOLLIS, ROBERT BURKYBILE, THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY doing business as 500FASTCASH and JOHN DOES NOS. 1-15 |
| 2:2022cv01414 |
| April 11, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| Other Statutes: Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTICE of Appearance by DAVID KIRKPATRICK LUKMIRE on behalf of ROBERT BURKYBILE, BILL FOLLIS, JOHN DOES NOS. 1-15, THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY (LUKMIRE, DAVID) |
Filing 10
ORDER THAT IT HAS BEEN STIPULATED AND AGREED BY AND BETWEEN COUNSEL ON BEHALF OF THEIR RESPECTIVE CLIENTS THAT THE DEADLINE FOR DEFENDANTS TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 7/25/2022, AND SUCH RESPONSE WILL NOT CHALLENGED THE ADEQUACY OF SERVICE UPON ANY DEFENDANT; AS OUTLINED HEREIN.. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/26/22. 5/26/22 ENTERED AND COPIES E-MAILED.(bw) Modified on 5/27/2022 (bw).
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| Filing 9 NOTICE of Appearance by ROBERT N. FELTOON on behalf of BILL FOLLIS, ROBERT BURKYBILE, THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY (FELTOON, ROBERT) Modified on 5/26/2022 (lisad, ). |
| Filing 8 SUMMONS Returned Executed by IDELL DEARRY re: James Ray Harvey served Summons and Complaint upon THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY by Personal service upon agent at place of business. THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY served on 5/13/2022, answer due 6/3/2022. (ACKELSBERG, IRV) |
| Filing 7 SUMMONS Returned Executed by IDELL DEARRY re: James Ray Harvey served Summons and Complaint upon ROBERT BURKYBILE by Personal service upon agent at place of business. ROBERT BURKYBILE served on 5/13/2022, answer due 6/3/2022. (ACKELSBERG, IRV) |
| Filing 6 SUMMONS Returned Executed by IDELL DEARRY re: James Ray Harvey served Summons and Complaint upon BILL FOLLIS by Personal service upon agent at place of business. BILL FOLLIS served on 5/13/2022, answer due 6/3/2022. (ACKELSBERG, IRV) |
| COPY OF DOC. NO. 5 HAS BEEN MAILED TO UNREP. (bw) |
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Filing 5
ORDER THAT THE APPLICATION FOR LEAVE TO SERVE UNDER FED. R. CIV. P. 4(C)(3) IS DENIED WITHOUT PREJUDICE TO REFILE AFTER PLAINTIFF HAS ATTEMPTED SERVICE THROUGH TRADITIONAL METHODS SO AS TO ESTABLISH A RECORD OF AN INABILITY TO OBTAIN SERVICE DESPITE EFFORTS TO DO SO. IF SERVICE CANNOT BE EFFECTUATED BECAUSE OF THE DIFFICULTIES ANTICIPATED BY PLAINTIFF, PLAINTIFF MAY REFILE A MOTION FOR ALTERNATIVE SERVICE AND DESCRIBE THE DIFFICULTIES ENCOUNTERED. IN A REQUEST FOR ALTERNATIVE SERVICE, PLAINTIFF SHALL SUGGEST A COMBINATION OF MEANS, INCLUDING THE ASSISTANCE OF THE U.S. MARSHAL SERVICE, THAT WOULD ESTABLISH NOTICE, SUCH AS SPECIFYING IN THE MOTION KNOWN EMAIL ADDRESSES, ATTORNEYS KNOWN TO REPRESENT THE DEFENDANTS, CORPORATE OR HOME ADDRESSES, AND PUBLICATION IN NEWSPAPERS OF GENERAL CIRCULATION SERVING THE AREA OF RESIDENCE. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/12/22. 5/12/22 ENTERED AND COPIES E-MAILED, NOT MAILED TO UNREP.(bw)
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| Filing 4 APPLICATION/PETITION FOR LEAVE TO SERVE CERTAIN DEFENDANTS UNDER FED. R. CIV. P. 4(c)(3) by IDELL DEARRY. (Attachments: #1 Text of Proposed Order)(ACKELSBERG, IRV) |
| Filing 3 Summons Issued as to ROBERT BURKYBILE, BILL FOLLIS, THE MODOC TRIBE FINANCIAL SERVICES AUTHORITY. (rf, ) |
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Filing 2
ORDER THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR E-MAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. THE COURT WILL DENY ANY 12(B)(6), (E) OR (F) MOTION THAT FAILS TO CONFORM WITH THESE REQUIREMENTS. ALL COUNSEL MUST COPY AND REVIEW JUDGE KENNEYS MOST RECENT GUIDELINES WHICH ARE PUBLISHED ON THE DISTRICTS WEBSITE. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/13/22. 4/13/22 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(bw) Modified on 4/14/2022 (lisad, ).
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| Filing 1 COMPLAINT against Robert Burkybile, Bill Follis, JOHN DOES 1-15, The Modoc Tribe Financial Services Authority ( Filing fee $ 402 receipt number APAEDC-15848408.), filed by IDELL DEARRY. (Attachments: #1 Case Management Track Form, #2 Designation Form)(ACKELSBERG, IRV) |
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