Russell v. Killian et al
Plaintiff: Deborah Russell
Defendant: William C. Killian, John C. Cavett, Cavett, Abbott & Weiss, PLLC and Barry L. Abbott
Case Number: 3:2022cv00574
Filed: August 2, 2022
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Alistair Newbern
Referring Judge: Eli J Richardson
2 Judge: Aleta A Trauger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 Other Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Filing 33 AMENDED RESPONSE in Opposition re #26 MOTION to Dismiss filed by Deborah Russell. (ad)
September 28, 2022 Opinion or Order Filing 32 ORDER: Plaintiff Deborah Russell, who appears pro se, has filed a motion asking to extend the page limit for her response to the defendants' motion to dismiss by an additional 40 pages to allow for a 65-page filing. (Doc. No. #30 .) Accordingly, Russell's motion (Doc. No. #30 ) is DENIED. Russell shall file an amended response in opposition to the defendants' motion to dismiss that is no longer than 25 pages by no later than October 5, 2022. Signed by Magistrate Judge Alistair Newbern on 09/28/2022. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) (Main Document 32 replaced on 9/28/2022 per Chambers. Document mailed to pro se party.) (ln).
September 27, 2022 Filing 31 MEMORANDUM in Support of #30 MOTION To Enlarge Page Limitation filed by Deborah Russell. (mg) Modified on 9/27/2022 (mg).
September 27, 2022 Filing 30 MOTION To Enlarge Page Limitation by Deborah Russell. (mg) Modified on 9/27/2022 (mg).
September 27, 2022 Filing 29 RESPONSE in Opposition re #26 MOTION to Dismiss filed by Deborah Russell. (mg)
September 14, 2022 Opinion or Order Filing 28 ORDER: On September 13, 2022, Defendants William Killian, John Cavett, Barry Abbots, and Cavett, Abbot, & Weiss, PLLC filed motion to dismiss a pro se plaintiff Deborah Russell's claims against them. (Doc. No. #26 .) [T]he plaintiff shall file any response in opposition to the motion to dismiss no later than fourteen days after being served with the motion. M.D. Tenn. R. 7.01(a)(3) (response). The defendants may file an optional reply, limited to five pages, within seven days after service of the response. The plaintiff is warned that failure to file a timely response in opposition to the motion to dismiss may result in a recommendation that the motion be granted as unopposed or the action be dismissed for failure to prosecute. Signed by Magistrate Judge Alistair Newbern on 9/14/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 13, 2022 Filing 27 MEMORANDUM in Support of #26 MOTION to Dismiss filed by Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian . (Attachments: #1 Exhibit A - Registered Agent, #2 Exhibit B - Declaration of Abbott, #3 Exhibit C - Order Allowing Withdraw)(Hogan, Rachel)
September 13, 2022 Filing 26 MOTION to Dismiss by Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian. (Hogan, Rachel)
September 9, 2022 Opinion or Order Filing 25 ORDER granting #22 Motion to Enlarge Page Limitation. Signed by Magistrate Judge Alistair Newbern on 9/9/2022. (xc: Pro se party by regular mail.) (dt)
September 6, 2022 Filing 24 RESPONSE in Opposition to #20 MOTION to Strike filed by Deborah Russell. (dt)
September 6, 2022 Filing 23 MEMORANDUM of Law in Support of #22 MOTION to Enlarge Page Limitation filed by Deborah Russell. (dt)
September 6, 2022 Filing 22 MOTION to Enlarge Page Limitation by Deborah Russell. (dt)
September 2, 2022 Filing 21 MEMORANDUM in Support of #20 MOTION to Strike filed by Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian . (Hogan, Rachel)
September 2, 2022 Filing 20 MOTION to Strike by Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian. (Hogan, Rachel)
August 25, 2022 TN State Bar status verified as active for Rachel Hogan and Wendy Lynne Longmire admitted to this court. (dt)
August 22, 2022 Filing 19 RESPONSE in Opposition to #17 MOTION for Extension of Time to File Answer filed by Deborah Russell. (dt)
August 18, 2022 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer the #1 Complaint. Signed by Magistrate Judge Alistair Newbern on 8/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 17, 2022 Filing 17 MOTION for Extension of Time to File Answer as to #1 Complaint by Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian. (Hogan, Rachel) Modified on 8/18/2022 (dt).
August 12, 2022 Opinion or Order Filing 16 ORDER: This case is hereby TRANSFERRED to United States Magistrate Judge Alistair E. Newbern, as it is related to Deborah Russell v. Carol Elaine Tanner, et. al., Case Number 3:20-cv-01028. Signed by Magistrate Judge Jeffery S. Frensley on 8/12/2022. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 11, 2022 Filing 15 SUMMONS returned executed as to William C. Killian served on 8/4/2022. (dt)
August 11, 2022 Filing 14 SUMMONS returned executed as to John C. Cavett served on 8/8/2022. (dt)
August 11, 2022 Filing 13 SUMMONS returned executed as to Barry L. Abbott served on 8/8/2022. (dt)
August 11, 2022 Filing 12 SUMMONS returned executed as to Cavett, Abbott & Weiss, PLLC served on 8/8/2022. (dt)
August 8, 2022 Filing 11 Sealed Document filed by Deborah Russell. (dt)
August 8, 2022 Filing 10 MEMORANDUM of Law in Support of #9 MOTION for Leave to File Document Under Seal filed by Deborah Russell. (dt)
August 8, 2022 Filing 9 MOTION for Leave to File Document Under Seal by Deborah Russell. (dt)
August 5, 2022 Opinion or Order Filing 8 ORDER REFERRING CASE: Accordingly, this action is REFERRED to the Magistrate Judge to oversee service of process, enter a scheduling order for the management of the case, dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and conduct further proceedings, if necessary, under Rule 72 of the Federal Rules of Civil Procedure and the Local Rules of Court. The pending motion to seal (Doc. No. #2 ) is reserved for the Magistrate Judge. Signed by District Judge Aleta A. Trauger on 8/5/2022. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
August 3, 2022 Opinion or Order Filing 7 ORDER: Pursuant to Administrative Order No. 176, this case is transferred to United States District Judge Aleta Trauger as related to Case No. 3:20-cv-1028. Signed by District Judge Eli J. Richardson on 8/3/2022. (dt)
August 3, 2022 Filing 6 Summons issued as to Barry L. Abbott, John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian. (Service packet returned to pro se party at intake window when issued.) (kc)
August 2, 2022 Filing 5 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc)
August 2, 2022 Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (kc)
August 2, 2022 Filing 3 MEMORANDUM in Support of #2 MOTION to Seal Document #1 Complaint filed by Deborah Russell. (Attachments: #1 Exhibit 1)(kc)
August 2, 2022 Filing 2 MOTION to Seal Document #1 Complaint by Deborah Russell. (kc)
August 2, 2022 Filing 1 COMPLAINT against John C. Cavett, Cavett, Abbott & Weiss, PLLC, William C. Killian (Filing fee $402, Receipt number 34675066670), filed by Deborah Russell. (Attachments: #1 Exhibit 1-4, #2 Attachment - Civil Cover Sheet)(kc)
August 2, 2022 Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc)

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Plaintiff: Deborah Russell
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Defendant: William C. Killian
Represented By: Rachel Hogan
Represented By: Wendy Lynne Longmire
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Defendant: John C. Cavett
Represented By: Rachel Hogan
Represented By: Wendy Lynne Longmire
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Defendant: Cavett, Abbott & Weiss, PLLC
Represented By: Rachel Hogan
Represented By: Wendy Lynne Longmire
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Defendant: Barry L. Abbott
Represented By: Rachel Hogan
Represented By: Wendy Lynne Longmire
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