Scott v. The Wise Co., Inc. et al

Scott v. The Wise Co., Inc. et al

Plaintiff:	James S. Scott
Defendant:	Frans Weterrings, David Elder, Sharon Brown, The Wise Co., Inc., John Cooper, Michael Monroe, Butch Dingler, Charles Dingler, D. Canale & Co., Laura Smith, Jeremy Tucker and Cheryl Smith
Case Number:	1:2019cv01291
Filed:	December 13, 2019
Court:	US District Court for the Western District of Tennessee
Presiding Judge:	S Thomas Anderson
Referring Judge:	Jon A York
Nature of Suit:	Labor: Other
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 5, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 5, 2021	Filing 52 JUDGMENT. Signed by Chief Judge S. Thomas Anderson on 5/5/2021. (mbb)
May 4, 2021	Filing 51 ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Chief Judge S. Thomas Anderson on 5/4/2021. (mbm)
February 22, 2021	Filing 50 ORDER TO SHOW CAUSE Show Cause Response due by 3/19/2021.. Signed by Magistrate Judge Jon A. York on 2/22/2021. (ars)
December 3, 2020	Filing 49 ORDER ON DEFENDANTS MOTION FOR CLARIFICATION re #47 MOTION Clarification of Status of Service filed by The Wise Co., Inc., D. Canale & Co.. Signed by Magistrate Judge Jon A. York on 12/3/2020. (ars)
December 1, 2020	Filing 48 THIRD AMENDED COMPLAINT against D. Canale & Co. and The Wise Co., Inc., filed by James S. Scott. (Attachments: #1 Ex. 1 - Right to Sue, #2 Ex. 2 - 2nd Right to Sue, #3 Ex. 3- 1st Affidavit, #4 Ex. 4 - V. Scott Aff., #5 Ex. 5 - L. Scott Aff.)(mbm)
November 10, 2020	Filing 47 MOTION Clarification of Status of Service by D. Canale & Co., The Wise Co., Inc.. (Attachments: #1 Memorandum MOL ISO Motion for Clarification)(Hunt, Mark)
November 5, 2020	Filing 46 ORDER finding as moot #38 Motion to Amend/Correct; granting in part and denying in part #42 Motion to Amend/Correct. Signed by Magistrate Judge Jon A. York on 11/5/2020. (ars)
September 28, 2020	Filing 45 ORDER ADOPTING REPORT AND RECOMMENDATION ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS ORDER GRANTING DEFENDANT SHARON BROWNS MOTION TO DISMISS. Signed by Chief Judge S. Thomas Anderson on 9/28/2020. (mbm)
September 4, 2020	Filing 44 ORDER granting #32 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Jon A. York on 9/4/2020. (ars)
September 4, 2020	Filing 43 ORDER finding as moot #19 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Jon A. York on 9/4/2020. (ars)
August 28, 2020	Filing 42 MOTION to File Third Amended Complaint by James S. Scott. (Attachments: #1 cover email, #2 proposed order, #3 Third Amended Complaint, #4 Ex. 1 - Right To Sue - 1, #5 Ex. 2 - Right To Sue - 2, #6 Ex. 3 - Aff. of J. Scott, #7 Ex. 4 - Aff. of V. Scott, #8 Ex. 5 - Aff. of L. Scott, #9 Ex. 6 - 2nd Aff. of L. Scott, #10 Ex. 7 - 3rd Aff. of L. Scott, #11 Ex. 8 - Unauthorized access to FB, #12 Ex. 9 - Phishing scam, #13 Ex. 10 - Snow email, #14 Ex. 11 - Monroe email, #15 Ex. 12 - TOSHA report, #16 Ex. 13 - Evidence of emotional distrress, #17 Ex. 14 - Monroe email and attach, #18 Ex. 15 - Wise knowledge of EEOC, #19 Ex. 16 - Evidence of damage elec. device, #20 Ex. 17 - Ltr from Brown, #21 Ex. 18 - Cease and desist ltr, #22 Ex. 19 - Ltr of term., #23 Ex. 20 - Email re: accounts, #24 Ex. 21 - Unilateral contract)(mbm)
August 7, 2020	Filing 41 Summons Returned Unexecuted by James S. Scott as to Laura Smith, Jeremy Tucker. (Attachments: #1 Summons-Laura Smith)(mbm) (Additional attachment(s) added on 8/7/2020: #2 cover email) (mbm).
August 7, 2020	Filing 40 SUMMONS Returned Executed by James S. Scott as to Sharon Brown, John Cooper, D. Canale & Co., Charles Dingler, David Elder, Michael Monroe, Cheryl Smith, The Wise Co., Inc., Frans Weterrings. (Attachments: #1 Summons-David Elder, #2 Summons-Fran Weterrings, #3 Summons-John Cooper, #4 Summons-Michael Monroe, #5 Summons- Wise Co., #6 Summmons-Cheryl Smith, #7 Summons-D.Canale Co, #8 Summons-Sharon Brown, #9 Cover email)(mbm)
August 3, 2020	Filing 39 REPORT AND RECOMMENDATIONS re #36 MOTION re #35 REPORT AND RECOMMENDATIONS re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Sharon Brown, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed filed by D. Canale & Co., #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by D. Canale & Co. Objections to R&R due by 8/17/2020. Signed by Magistrate Judge Jon A. York on 8/3/2020. (ars)
July 29, 2020	Filing 38 MOTION for Leave to File Third Amended Complaint by James S. Scott. (Attachments: #1 email)(mbm)
July 29, 2020	Filing 37 OBJECTION to #35 Report and Recommendations by James S. Scott. (Attachments: #1 Exhibit A - US Dept. of Labor Fact sheet, #2 email)(mbm)
July 20, 2020	Filing 36 MOTION re #35 REPORT AND RECOMMENDATIONS re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Sharon Brown, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Laura Smith, [23 proposed order submitted by D. Canale & Co.. (Attachments: #1 Memorandum In Support of Motion for Clarification, #2 Supplement [Proposed] Supplement to Report and Recommendation on Def Motion to Dismiss)(Pierce, Douglas)
July 16, 2020	Filing 35 REPORT AND RECOMMENDATIONS re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Sharon Brown, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Laura Smith, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Charles Dingler, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by John Cooper, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Cheryl Smith, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Michael Monroe, #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by Frans Weterrings, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by The Wise Co., Inc., #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted filed by David Elder Objections to R&R due by 7/30/2020. Signed by Magistrate Judge Jon A. York on 7/16/2020. (ars)
June 24, 2020	Filing 34 Summons Reissued as to Canale, Tucker, and L. Smith. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Tucker, #2 L. Smith, #3 email)(mbm) (Attachment 2 replaced on 6/24/2020) (mbm).
June 24, 2020	Filing 33 Summons Returned Unexecuted by James S. Scott as to D. Canale & Co., Laura Smith, and Jeremy Tucker. (Attachments: #1 Tucker, #2 Smith, #3 Exhibits, #4 email)(mbm)
June 16, 2020	Filing 32 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3369486) by Sharon Brown, John Cooper, D. Canale & Co., Charles Dingler, David Elder, Michael Monroe, Cheryl Smith, Laura Smith, The Wise Co., Inc., Frans Weterrings. (Attachments: #1 Exhibit Affidavit of Mark E. Hunt)(Hunt, Mark)
June 16, 2020	Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by The Wise Co., Inc.. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Michael Monroe. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Laura Smith. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by David Elder. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by John Cooper. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Sharon Brown. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Proposed Order)(Pierce, Douglas)
June 16, 2020	Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Frans Weterrings. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Cheryl Smith. (Attachments: #1 Memorandum Memorandum of Law ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by Charles Dingler. (Attachments: #1 Memorandum MOL ISO Motion to Dismiss, #2 Exhibit Affidavit of M. Monroe, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 16, 2020	Filing 22 Corporate Disclosure Statement by The Wise Co., Inc. identifying Corporate Parent D. Canale & Co. for The Wise Co., Inc... (Pierce, Douglas)
June 16, 2020	Filing 21 Corporate Disclosure Statement by D. Canale & Co.. (Pierce, Douglas)
June 16, 2020	Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by D. Canale & Co.. (Attachments: #1 Exhibit Affidavit of M. Monroe, #2 Memorandum Memorandum of Law ISO Motion to Dismiss, #3 Exhibit [Proposed Order])(Pierce, Douglas)
June 15, 2020	Filing 19 MOTION for Leave to File Excess Pages by Sharon Brown, John Cooper, D. Canale & Co., Charles Dingler, David Elder, Michael Monroe, Cheryl Smith, Laura Smith, The Wise Co., Inc., Frans Weterrings. (Attachments: #1 Memorandum Memorandum ISO of Page Limits, #2 Exhibit Proposed Order)(Pierce, Douglas)
June 9, 2020	Filing 18 NOTICE of Appearance by Douglas R. Pierce on behalf of The Wise Co., Inc. (Pierce, Douglas)
March 25, 2020	Filing 17 Summons Reissued as to Defendants. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons -D. Canales, #2 Summons -Monroe, #3 Summons -Cooper, #4 Summons -Elder, #5 Summons -L. Smith, #6 Summons -Dingler, #7 Summons -Weterrings, #8 Summons -Tucker, #9 Summons -C. Smith, #10 Summons -Brown)(mbm) (Additional attachment(s) added on 3/25/2020: #11 Cover letter) (mbm).
March 25, 2020	Filing 16 Summons Returned Unexecuted by James S. Scott as to Sharon Brown, John Cooper, Charles Dingler, David Elder, Michael Monroe, The Wise Co., Inc., Frans Weterrings. (Attachments: #1 Summons -Elder, #2 Summons -Monroe, #3 Summons -Brown, #4 Summons -Dingler, #5 Summons -Weterrings, #6 Summons -Cooper)(mbm) (Additional attachment(s) added on 3/25/2020: #7 Cover letter) (mbm).
March 24, 2020	Filing 15 SECOND AMENDED COMPLAINT against All Defendants, filed by James S. Scott. (Attachments: #1 Exhibits)(mbm)
March 10, 2020	Filing 14 ORDER granting in part and denying in part #13 Motion to Amend/Correct. Signed by Magistrate Judge Jon A. York on 3/10/2020. (ars)
February 25, 2020	Filing 13 MOTION for Leave to File a Second Amended Complaint by James S. Scott. (Attachments: #1 Second Amended Complaint, #2 Exhibit 1)(mbm)
February 20, 2020	Filing 12 Summons Issued as to All Defendants. Issued and handed to Pro Se Plaintiff at the counter. (skc)
February 20, 2020	Filing 11 AMENDED COMPLAINT against All Defendants filed by James S. Scott. (Attachments: #1 Ex. 1 - Employer's position statement, #2 Ex. 2 - Fact Sheet #17G - Salary basis requirement, #3 Ex. 3 - Engineering Intern Cert., #4 Ex. 4 - App. for exam, #5 Ex. 5 - BS in Eng., #6 Ex. 6 - Past job reviews, #7 Ex. 7 - Autozone extra miler award, #8 Ex. 8 - job duties, #9 Ex. 9 - emails on job duties, #10 Ex. 10 - PT exam, POC, reports, #11 Ex. 11 - See Ex. 8, #12 Ex. 12 - See Ex. 9, #13 Ex. 13 - EEOC Enforcement Guidance, #14 Ex. 14 - See Ex. 10, #15 Ex. 15 - Text msgs re wife trtmnt, #16 Ex. 16 - Desk request, #17 Ex. 17 - Work station, #18 Ex. 18 - Employer's position stmnt, #19 Ex. 19 - MRI results, #20 Ex. 20 - EEOC enforcement guidance on retalation, #21 Ex. 21 - See Ex. 15, #22 Ex. 22 - Leave request meeting, #23 Ex. 23 - Offer of Employment, #24 Ex. 24 - Evidence of sabotage, #25 Ex. 25 - Wkly priorities schedule, #26 Ex. 26 - OOP expense, #27 Ex. 27 - C. Smith acco. req., #28 Ex. 28 - See Ex. 27, #29 Ex. 29 - Promise of bitcoin, #30 Ex. 30 - Overtime hrs worked, #31 Ex. 31 - Bonuses dist., #32 Ex. 32 - 12.15.18 bonus, #33 Ex. 33 - Txt msg distress, #34 Ex. 34 - Vacation reduction, #35 Ex. 35 - 3 wks vacation email, #36 Ex. 36 - Nonsubmission of leave emails, #37 Ex. 37 - Emails on remainder of vacation, #38 Ex. 38 - Co. handbook, #39 Ex. 39 - Ev. of false PD report, #40 Ex. 40 - Ev. of blocked msg, #41 Ex. 41 - Email re shutdown, #42 Ex. 42 - Email re nonclosure, #43 Ex. 43 - Tucker txt on sexual harr., #44 Ex. 44 - Tucker txt re filing EEOC cmpts, #45 Ex. 45 - TN DOL findings, #46 Ex. 46 - Final pay stub, #47 Ex. 47 - Employer waiver, #48 Ex. 48 - Mouse email, #49 Ex. 49 - Dissuade email, #50 Ex. 50 - Job desc. from Dingler, #51 Ex. 51 - See Ex. 42, #52 Ex. 52 - 2nd waiver request, #53 Ex. 53 - Int. cmpt of harr., #54 Ex. 54 - See Ex. 43, #55 Ex. 55 - Email re harr. cmpt, #56 Ex. 56 - Cease & desist ltr, #57 Ex. 57 - 12.18.18 email, #58 Ex. 58 - Response to C&D ltr, #59 Ex. 59 - See Ex. 31, #60 Ex. 60 - See Ex. 1, #61 Ex. 61 - Screenshot of EEOC inquiry, #62 Ex. 62 - Em. agg. to wdrw cmpts, #63 Ex. 63 - Emails re. vacation, #64 Ex. 64 - FMLA form to pla, #65 Ex. 65 - Email re. non request, #66 Ex. 66 - Log file, #67 Ex. 67 - Txts on employer printer block, #68 Ex. 68 - Screenshot btwn microsoft, #69 Ex. 69 - Screenshot, #70 Ex. 70 - Brown discipline threat, #71 Ex. 71 - Remote sess screenshot, #72 Ex. 72 - Tucker txts re Tosha fines, #73 Ex. 73 - Mental disab. talk, #74 Ex. 74 - Statements on co. vehicle, #75 Ex. 75 - Coerced Tosha, #76 Ex. 76 - EAP request txt, #77 Ex. 77 - Dingler resp. after Feb 2019 acco. request, #78 Ex. 78 - FMLA opinion ltr, #79 Ex. 79 - Wterring txt on wife trtmt, #80 Ex. 80 - See Ex. 73, #81 Ex. 81 - Denial of 401K dist, #82 Ex. 82 - See Ex. 31, #83 Ex. 83 - Ltrs from empl after Tosha dismissal, #84 Ex. 84 - Employer's position stmt, #85 Ex. 85 - Tosha violation, #86 Ex. 86 - Cobra notice, #87 Ex. 87 - Finan. diff, #88 Ex. 88 - Orig. comp, #89 Ex. 89 - Mot to Amnd, #90 Ex. 90 - Order Grant to Amnd, #91 Ex. 91 - EEOC Notice, #92 Ex. 92 - $250 Tucker, #93 Ex. 93 - New PC, #94 Ex. 94 - TN DOL Appeal decision, #95 Ex. 95 - Weterring invest txt, #96 Ex. 96 - Monroe email on leave request)(mbm) (Attachment 31 replaced on 2/21/2020) (mbm).
February 5, 2020	Filing 10 ORDER denying #2 Motion for Leave to Proceed in forma pauperis; granting #8 Motion to Amend/Correct. Signed by Magistrate Judge Jon A. York on 2/5/2020. (ars)
January 28, 2020	Pursuant to Administrative Order 2013-05, this case has been assigned to the United States magistrate judge for management of all pretrial matters. Pursuant to Local Rule 4.1(b)(1), the plaintiff shall present the Clerk with a properly completed summons for each defendant, and the Clerk shall issue the summons(es) to the plaintiff for service on the defendant(s). (csf)
January 27, 2020	Filing 9 Filing fee: $ 400.00, receipt number J4676008279. (mbm)
January 7, 2020	Filing 8 MOTION to Amend/Correct #1 Pro Se Complaint by James S. Scott. (Attachments: #1 Amended Complaint, #2 Exhibit A- EECO's Right to sue ltr, #3 Exhibit B- Employer's Chain of Command, #4 Exhibit C- Ltr of Reconsideration of EEOC's deter, #5 Exhibit D- Exhibits referenced in ltr of recon, #6 Exhibit D-A - Employer's position statement edited, #7 Exhibit D-B - Charging party's desk and requested accomodation, #8 Exhibit D-C - Illegal access to charging party's personal PC's, #9 Exhibit D-D - Mesh seat bonus docs, #10 Exhibit D-E - Medical Docs requested, #11 Exhibit D-F - Charging party's misclassified job title, #12 Exhibit D-G - Lawsuit filed 12-13-19, #13 Exhibit D-H - Tosha/Osha doc., #14 Exhibit D-I - Hostile work enviornment, #15 Exhibit D-J - Offer of employment and adverse actions, #16 Exhibit D-K - EEOC right to sue and other docs, #17 Exhibit D-L - Past performance, #18 Exhibit D-M - Interference w/ FMLA, #19 Exhibit D-N - Cobra Notice violation, #20 Exhibit D-O - Wise Company Policies)(mbm)
January 6, 2020	Filing 7 ORDER DIRECTING PLAINTIFF TO FILE A PROPERLY COMPLETED IN FORMA PAUPERIS AFFIDAVIT OR PAY THE CIVIL FILING FEE. Signed by Magistrate Judge Jon A. York on 1/6/2020. (ars)
December 19, 2019	Pursuant to Administrative Order 2013-05, this case has been assigned to the United States magistrate judge for management of all pretrial matters, including screening of the complaint to determine whether or not summons shall be issued by the Clerk pursuant to 28 U.S.C. 1915(e)(2)(B) and Local Rule 4.1(b)(2) (csf)
December 13, 2019	Filing 6 Agreement to Receive Notice of Electronic Filing by James S. Scott. (mbm)
December 13, 2019	Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (mbm)
December 13, 2019	Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (mbm)
December 13, 2019	Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mbm)
December 13, 2019	Filing 2 MOTION for Leave to Proceed in forma pauperis by James S. Scott. (mbm)
December 13, 2019	Filing 1 PRO SE COMPLAINT against All Defendants, filed by James S. Scott. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 judge's card)(mbm)

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Defendant: Frans Weterrings
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: David Elder
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Sharon Brown
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: The Wise Co., Inc.
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: John Cooper
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Michael Monroe
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Butch Dingler
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Charles Dingler
Represented By:	Douglas R. Pierce
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Defendant: D. Canale & Co.
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Laura Smith
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Defendant: Jeremy Tucker
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Defendant: Cheryl Smith
Represented By:	Douglas R. Pierce
Represented By:	Mark Everett Hunt
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Plaintiff: James S. Scott
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