Simpkins et al v. John Maher Builders, Inc. et al
| David Simpkins and Sally Simpkins |
| John Maher Builders, Inc., John Maher and Tony Maher |
| 3:2023cv01367 |
| December 26, 2023 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Waverly D Crenshaw |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
MOTION for Permission to Register with the CM/ECF by David Simpkins, Sally Simpkins. (af)
|
|
Filing 22
NOTICE to USDC's Request for Further Explanation of Expenses by David Simpkins, Sally Simpkins (af)
|
|
Filing 21
MOTION for Determination of Original and Exclusive Jurisdiction by the USDC Since December 30th 2020 by David Simpkins, Sally Simpkins. (af)
|
|
Filing 20
MOTION for the USDC to Rule on the Complaint Per FRCP 8 for Relief by David Simpkins, Sally Simpkins. (af)
|
|
Filing 19
MEMORANDUM OPINION AND ORDER: Plaintiffs have remedied the deficiencies with the initial complaint. The IFP Applications indicate that Plaintiffs' combined monthly income exceeds their monthly expenses by $1775.51. Plaintiffs do not explain why they are unable to pay their monthly expenses with this surplusage. The Court therefore DENIES the IFP Applications (Doc. Nos. #15 & #16 ) WITHOUT PREJUDICE. However, the Court will allow Plaintiffs an opportunity to submit amended IFP Applications that more fully explain their financial situation. Plaintiff's Motion to Expedite (Doc. No. #18 ) is GRANTED insofar as the Court addresses the "Amended Emergency Motion for the USDC to Rule on the Complaint Per Federal Rule 60 for Relief" ("Amended Emergency Motion") herein. Plaintiffs' Amended Emergency Motion seeking relief under Federal Rule of Civil Procedure 60 is DENIED. The Court DENIES WITHOUT PREJUDICE Plaintiffs' request. The Court's ruling does not preclude Plaintiffs from subsequently filing a properly-supported, procedurally-compliant motion under Rule 65. If Plaintiffs wish to proceed with this action, they MUST make the necessary filings within 30 DAYS of the entry of this Order and must include on those filings the number assigned to this case, 3:23-cv-01367. Plaintiffs are cautioned that failure to comply with this Order within the allotted time (or to request an extension of the deadline prior to its expiration), or failure to keep the Court apprised of their current address, will result in the dismissal of the case. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/25/2024. (xc:Order placed at front counter for Plaintiff to pick up. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
|
|
Filing 18
MOTION to Expedite the Prior Emergency Motion #12 by David Simpkins, Sally Simpkins. (Note: Stamped copy left at intake counter to be picked up by Plaintiff.) (af)
|
|
Filing 17
Additional Attachments to Main Document re: #16 APPLICATION for Leave to Proceed In Forma Pauperis. (af)
|
|
Filing 16
AMENDED APPLICATION for Leave to Proceed In Forma Pauperis by Sally Simpkins. (af)
|
|
Filing 15
AMENDED APPLICATION for Leave to Proceed In Forma Pauperis by David Simpkins. (af)
|
|
Filing 14
AFFIDAVIT re #11 Amended Complaint by David Simpkins. (af)
|
|
Filing 13
AFFIDAVIT re #11 Amended Complaint by Sally Simpkins. (af)
|
|
Filing 12
AMENDED EMERGENCY MOTION for the USDC to Rule on the Complaint Per Federal Rule 60 for Relief by David Simpkins, Sally Simpkins. (af)
|
|
Filing 11
AMENDED COMPLAINT against John Maher Builders, Inc., John Maher, Tony Maher, filed by David Simpkins, Sally Simpkins.(af)
|
|
Filing 10
ORDER: By Memorandum Opinion and Order entered on January 3, 2023, the Court denied Plaintiff's motions due to procedural deficiencies. (Doc. No. #9 ). The denials were without prejudice to Plaintiffs' ability to later file properly-supported, procedurally-compliant motions. The Court finds that the interests of justice warrant the appointment of counsel for Plaintiffs for the next twenty-four (24) hours to assist Plaintiffs on the day of their scheduled foreclosure. Therefore, the Court has directed the Clerk to find elbow counsel for Plaintiffs, and the Clerk has designated Paul Bruno. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/4/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
|
|
Filing 9
MEMORANDUM OPINION AND ORDER: The Court cannot accept the Complaint as is. If Plaintiffs wish to proceed, both Plaintiffs MUST provide a handwritten signature on the Complaint. The Court therefore DENIES the IFP Application WITHOUT PREJUDICE (Doc. No. #2 ). However, the Court will allow Mr. Simpkins an opportunity to submit an amended application. If Ms. Simpkins wishes to obtain pauper status, she MUST separate her own properly-completed and signed "long form" pauper application. The Motion to Seal Case (Doc. No. #3 ) consists of one page. It does not contain a typed or handwritten signature of either Mr. Simpkins or Ms. Simpkins. It does not contain a certificate of service. As such, the motion is not properly before the Court. The Motion is therefore DENIED WITHOUT PREJUDICE, and the Clerk is directed to unseal the case. The Court DENIES WITHOUT PREJUDICE both motions (Doc. Nos. #4 & #8 ) and Plaintiffs' requests for a TRO and injunction. The Court's ruling does not preclude Plaintiffs from subsequently filing a properly-supported, procedurally-compliant motion under Rule 65. Pro se litigants are not permitted to communicate with the Court via email. Thus, Plaintiffs' Motion (Doc. No. #7 ) is DENIED. However, pro se litigants such as Plaintiffs may seek permission to use the Court's Electronic Case Filing System ("CM/ECF") which allows litigants to file documents and receive notice of Court ruling electronically. If Plaintiffs wish to proceed with this action, they MUST make the necessary filings within 30 DAYS of the entry of this Order and must include on those filings the number assigned to this case, 3:23-cv-01367. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/3/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
|
|
Filing 8
EMERGENCY MOTION for Restraining Order and Permanent Injunction for Fraudulent Foreclosure by David Simpkins, Sally Simpkins. (af)
|
|
Filing 7
MOTION for Pacer Access by David Simpkins, Sally Simpkins. (af)
|
|
Notice placed at intake window for pick up (per pro se parties' request) to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc)
|
|
Filing 6
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc)
|
|
Filing 5
NOTICE of Business Entity Disclosure Statement filing requirement. (kc)
|
|
Filing 4
Emergency MOTION Respectfully Requesting the USDC to rule on the previously filed ex-parte application for: Writ of Mandamus/Rule 60 for Relief/Federal Rule 65(a)(1) injunction against Rubin Lublin and Freedom Mortgage for fraudulent foreclosure due to fraud by the aforementioned parties, by David Simpkins, Sally Simpkins. (Attachments: #1 Attachment - List of Exhibits, #2 Exhibit Simp-00A40, #3 Exhibit A205, #4 Exhibit 110, #5 Exhibit A195, #6 Exhibit A225, #7 Exhibit A220, #8 Attachment - Proposed Order)(kc)
|
|
Filing 3
MOTION to Seal Case by David Simpkins, Sally Simpkins. (kc)
|
|
Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by David Simpkins, Sally Simpkins. (kc)
|
|
Filing 1
COMPLAINT against John Maher Builders, Inc., John Maher, Tony Maher, filed by David Simpkins, Sally Simpkins.(kc)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
