Curran III v. Fronabarger et al
| John F. (Jef) Curran III |
| Carl A. Fronabarger, Unknown Successor Trust and Jimmy L. Tate |
| 3:2024cv00226 |
| February 29, 2024 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 Summons issued as to Jimmy L. Tate. Service copies returned to plaintiff by mail. (am) |
| Filing 22 AMENDED COMPLAINT against Carl A. Fronabarger, Unknown Successor Trust, Jimmy L. Tate, filed by John F. (Jef) Curran III.(am) |
Filing 21
ORDER: Among Plaintiff's many pending motions in this case is a motion to amend the complaint (Doc. No. #13 , "Motion to Amend"). The Court hereby revokes the referral to the Magistrate Judge (Doc. No. #11 ) with respect to (and solely with respect to) the Motion to Amend, and the Motion to Amend is GRANTED because such an amendment is permissible as of right under Fed. R. Civ. P. 15(a)(1). So the Amended Complaint (Doc. No. #13 -1) is the operative complaint, and the Clerk is directed to file it as a separate document. On April 19, 2024, Plaintiff filed a second "Motion for Temporary Restraining Order and Preliminary Injunction." (Doc. No. #20 , "Motion for TRO"). The Court DENIES the Motion for TRO for failure to comply with LR65.01's requirement that a TRO be accompanied by a separately filed affidavit or verified written complaint. Additionally, by May 3, 2024, Plaintiff SHALL file a notice (hereinafter, "show cause statement") explaining (showing cause) why this Court has subject-matter jurisdiction over, and is the proper venue for, this case. Signed by District Judge Eli J. Richardson on 4/22/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 20 MOTION for Temporary Restraining Order and Preliminary Injunction by John F. (Jef) Curran III. (Attachments: #1 Exhibit - A)(am) Modified on 4/23/2024 (am). |
| Filing 19 MOTION for Entry of Default as to Carl A. Fronabarger by John F. (Jef) Curran III. (am) Modified on 4/23/2024 (am). |
| Filing 18 MOTION to Compel Discovery by John F. (Jef) Curran III. (am) Modified on 4/23/2024 (am). |
| Filing 17 SUMMONS returned executed by John F. (Jef) Curran III. Carl A. Fronabarger served on 3/27/2024. (Attachments: #1 Attachment - Cover Letter)(af) |
| Filing 16 MOTION to Set Aside #12 Order by John F. (Jef) Curran III. (af) |
| Filing 15 MOTION to Return Filing Fee by John F. (Jef) Curran III. (af) |
| Filing 14 MOTION for Production of Documents from the Defendant for Inspection and Copying by John F. (Jef) Curran III. (af) |
| Filing 13 MOTION to Amend/Correct #1 Complaint by John F. (Jef) Curran III. (Attachments: #1 Attachment - Amended Complaint, #2 Attachment - Proposed Summons)(af) |
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Filing 12
ORDER: Pending before the Court is Plaintiff's "Motion for Temporary Injunctive Relief." (Doc. No. #4 , "Motion"), which the Court construes as a request for a temporary restraining order (TRO) under Rule 65 of the Federal Rules of Civil Procedure. The Motion request an Order "enjoining the State of Tennessee case, 21-cr-170 in Hardin [County], TN." (Id. at 4). The Motion (Doc. No. #4 ) is DENIED. Signed by District Judge Eli J. Richardson on 3/13/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing 11
ORDER: This action is REFERRED to the Magistrate Judge to 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. Signed by District Judge Eli J. Richardson on 3/11/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 10 Summons issued as to Carl A. Fronabarger. Service copies returned to plaintiff over the counter. (af) |
| Filing 9 MOTION for Court Attachment by John F. (Jef) Curran III. (af) |
| Filing 8 RECEIPT #300002373 in the amount of $405 posted by John F. (Jef) Curran III re #1 Complaint. (af) |
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Filing 7
ORDER: Plaintiff John F. Curran, III, a Tennessee resident, filed a pro se Complaint in diversity against Defendant Carl A. Fronaberger (Doc. No. #1 ), a Motion for Temporary Injunctive Relief (Doc. No. #4 ), and a Motion for CM/ECF Access (Doc. Nos. #5 ). Plaintiff has also filed a Motion to Waive Filing Fee, asserting that he is entitled to proceed without paying fees based on his status as a seaman. (Doc. No. #2 ). Accordingly, the Motion to Waive Filing Fee (Doc. No. #2 ) is DENIED. To proceed, Plaintiff MUST either (1) submit an application to proceed as a pauper using the Court's application form; or (2) pay the full $405.00 civil filing fee to the Clerk of Court. The Clerk SHALL mail Plaintiff a blank long-form in forma pauperis application for non-prisoners. The Motion for Temporary Injunctive Relief #4 is reserved for consideration after satisfaction of the prerequisite filing fee. The Motion for CM/ECF access (Doc. No. #5 ) is GRANTED. The Clerk SHALL provide Plaintiff with access to the CM/ECF electronic filing system upon his satisfaction of all current requirements. Signed by District Judge Eli J. Richardson on 3/7/2024. (xc: Pro se party by regular mail along with a blank long-form in forma pauperis application for non-prisoners.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 6 NOTICE Regarding Consent to Magistrate Judge Review by John F. (Jef) Curran III. (af) |
| Filing 5 MOTION to File Papers via CM/ECF by John F. (Jef) Curran III. (af) |
| Filing 4 MOTION for Temporary Injunctive Relief by John F. (Jef) Curran III. (af) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 2 MOTION to Waive Filing Fee by John F. (Jef) Curran III. (mg) |
| Filing 1 COMPLAINT against Carl A. Fronabarger, Unknown Successor Trust, filed by John F. (Jef) Curran III. (Attachments: #1 Exhibits A through C Miscellaneous documents, #2 Attachment - Letter)(mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.)(mg) |
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