Simpkins v. Wright
Plaintiff: Richard J. Simpkins
Defendant: Terri Simpkins Wright
Case Number: 2:2019cv00236
Filed: April 9, 2019
Court: US District Court for the District of Utah
Office: Central Office
Presiding Judge: Paul M Warner
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2019 Filing 25 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Richard J. Simpkins, Defendant Terri Simpkins Wright. Form due by 4/24/2019. (jwt)
April 9, 2019 Filing 24 Modification of Docket #22 Notice PHV Requirements. Error: incorrect notice attached to entry. Correction: correct notice filed as #23 Notice PHV Requirements. (jwt)
April 9, 2019 Filing 23 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John E. B. Gerth, for Defendant Terri Simpkins Wright (jwt) (Additional attachment(s) added on 4/9/2019: #1 letter with corrected address for counsel) (jwt).
April 9, 2019 Filing 22 ENTRY ERROR - WRONG FORM ATTACHED;DISREGARD NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John E. B. Gerth, for Defendant Terri Simpkins Wright (jwt) Modified on 4/9/2019 (jwt).
April 9, 2019 Filing 21 NOTICE OF ADR, e-mailed or mailed to Plaintiff Richard J. Simpkins, Defendant Terri Simpkins Wright. (jwt)
April 9, 2019 Filing 20 Case transferred in from USDC of Tennessee Middle; Case Number 3:18-cv-01394. Original file, certified copy of transfer order and docket sheet received. Case assigned to Magistrate Judge Paul M. Warner.
April 8, 2019 ***Civil Case Terminated. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
April 8, 2019 Opinion or Order Filing 19 ORDER: The Report and Recommendation #18 is adopted and approved. Accordingly, Defendant's Motion to Dismiss (Doc. No. #8 ) is DENIED without prejudice, and Plaintiff's request to transfer (Doc. No. 15) is GRANTED. Because Plaintiff has failed to show that this Court has personal jurisdiction over Defendant, this case shall be transferred to the United States District Court for the District of Utah, the district in which Defendant resides, in accordance with 28 U.S.C. 1631. Ruling on Plaintiff's Motion to Amend (Doc. No. #14 ) shall be reserved, pending further proceedings in the transferee court. The Clerk is directed to transfer this case, as indicated above, and then to close the file. Signed by District Judge Eli J. Richardson on 4/8/19. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 4/9/2019.]
March 18, 2019 Filing 18 REPORT AND RECOMMENDATION: Plaintiff's request to transfer venue (Docket Entry No. #15 ) be GRANTED. Venue of this case be transferred to the United States District Court for the District of Utah in accordance with 28 U.S.C. 1406(a) and 1631. A ruling on Plaintiff's motion to amend his complaint (Docket Entry No. #14 ) be RESERVED pending further proceedings in the lawsuit. Signed by Magistrate Judge Barbara D. Holmes on 3/18/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 4/9/2019.]
March 5, 2019 Filing 17 RESPONSE in Opposition re #14 MOTION to Amend/Correct filed by Terri Simpkins Wright. (Gerth, John) [Transferred from Tennessee Middle on 4/9/2019.]
February 26, 2019 Filing 16 REPLY filed by Terri Simpkins Wright re #14 Motion to Amend/Correct filed by Richard J. Simpkins, #15 Memorandum in Support filed by Richard J. Simpkins. (Gerth, John) [Transferred from Tennessee Middle on 4/9/2019.]
February 15, 2019 Filing 15 MEMORANDUM in Support of #14 MOTION to Amend Complaint filed by Richard J. Simpkins. (Attachments: #1 Exhibit C - Warranty Deed, #2 Exhibit D - Email Communication, #3 Exhibit E - Notice of Pendency of Action)(mg) Modified on 3/18/2019 (dt). [Transferred from Tennessee Middle on 4/9/2019.]
February 15, 2019 Filing 14 MOTION to Amend Complaint by Richard J. Simpkins. (Attachments: #1 Attachment Proposed Amended Complaint)(mg) [Transferred from Tennessee Middle on 4/9/2019.]
January 25, 2019 Opinion or Order Filing 13 ORDER granting #10 Motion for R. BLAKE HAMILTON to Appear Pro Hac Vice. Signed by Acting Clerk of Court, Vicki R. Kinkade on 1/25/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 18, 2019 Opinion or Order Filing 12 ORDER: Presently pending is the motion to dismiss (Docket Entry No. #8 ) filed by Defendant Terri Simpkins Wright. Plaintiff shall have until February 18, 2019, to file a response to the motion. Any reply from Defendant shall be filed within seven (7) days after service of the response. No sur-reply from Plaintiff shall be permitted. The Clerk is directed to send copies of all orders entered in this case to the pro se Plaintiff and to any other pro se party by regular, first class mail (only), unless otherwise directed by the Court. Signed by Magistrate Judge Barbara D. Holmes on 1/18/19. (xc: Pro se party by regular mail.) (dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 18, 2019 Filing 11 NOTICE of Filing of Supplement by Terri Simpkins Wright to #10 MOTION for attorney(s) R. BLAKE HAMILTON to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2834195). (Attachments: #1 Attachment Declaration, #2 Attachment Certificate)(Gerth, John) Modified on 1/23/2019 (dt). [Transferred from Tennessee Middle on 4/9/2019.]
January 17, 2019 Docket Annotation: The Certificate of Good Standing at DE #10 does not comply with the Court's Local Rule 83.01(b)(1). Counsel shall file a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate should be filed within 10 days (on or before 1/27/2019). (dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 17, 2019 NOTE TO FILER: The pending pro hac vice motion (Docket No. #10 ) does not comply with the Court's local rules, because the motion fails to state whether any disciplinary proceedings or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing whether any disciplinary proceedings or criminal charges have been instituted against the attorney, and if so, providing complete details about the proceeding or charges, including outcome. Failure to do so will result in denial of the pro hac vice motion. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 17, 2019 UT State Bar status verified as active for R. Blake Hamilton. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 16, 2019 Filing 10 MOTION for attorney(s) R. BLAKE HAMILTON to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2834195) by Terri Simpkins Wright. (Attachments: #1 Attachment Certificate of Good Standing)(Gerth, John) [Transferred from Tennessee Middle on 4/9/2019.]
January 16, 2019 Filing 9 MEMORANDUM in Support of #8 MOTION to Dismiss , #1 Complaint filed by Terri Simpkins Wright . (Attachments: #1 Exhibit Bank account information, #2 Exhibit Emails)(Gerth, John) [Transferred from Tennessee Middle on 4/9/2019.]
January 16, 2019 Filing 8 MOTION to Dismiss by Terri Simpkins Wright. (Gerth, John) [Transferred from Tennessee Middle on 4/9/2019.]
January 8, 2019 Opinion or Order Filing 7 ORDER: By separate order upon the completion of service of process and/or the filings of a response by Defendant, the Court will enter a scheduling order setting out deadlines for the progression of this case. The Clerk is directed to send copies of all orders entered in this case to the pro se Plaintiff and to any other pro se party by regular, first class mail (only), unless otherwise directed by the Court. Signed by Magistrate Judge Barbara D. Holmes on 1/8/19. (xc: Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 8, 2019 Filing 6 SUMMONS returned executed as to Terri Simpkins Wright served on 12/28/2018. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
January 4, 2019 Opinion or Order Filing 5 ORDER: This action is REFERRED to the magistrate judge to oversee service of process on the defendants, to enter a scheduling order for the management of the case. Plaintiff is notified that he is responsible for effecting service of process on the defendant in accordance with the Rule 4 of the Federal Rules of Civil Procedure. Signed by District Judge Eli J. Richardson on 1/4/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 4/9/2019.]
December 26, 2018 Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
December 26, 2018 Filing 3 Summons issued as to Terri Simpkins Wright. (Service copies will be picked up by pro se plaintiff) (dt) [Transferred from Tennessee Middle on 4/9/2019.]
December 26, 2018 Filing 2 RECEIPT #34675053134 in the amount of $400.00 posted by Richard J. Simpkins re #1 Complaint. (dt) [Transferred from Tennessee Middle on 4/9/2019.]
December 26, 2018 Notice mailed to pro se party regarding filing of new case (docket sheet and blank, pro se forms included). (dt) [Transferred from Tennessee Middle on 4/9/2019.]
December 21, 2018 Filing 1 COMPLAINT against Terri Simpkins Wright (Filing fee $400, Receipt number 34675053134), filed by Richard J. Simpkins. (Attachments: #1 Attachment - Civil Cover Sheet)(dt) [Transferred from Tennessee Middle on 4/9/2019.]

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Plaintiff: Richard J. Simpkins
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Defendant: Terri Simpkins Wright
Represented By: R. Blake Hamilton
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