Kirkland v. Kirkland et al
Plaintiff: Boshow Ann Kirkland
Defendant: John Kirkland, 4-10 Estate Botany Bay, LLC and Guard Force Security Services, LLC
Case Number: 3:2023cv00041
Filed: September 11, 2023
Court: US District Court for the District of Virgin Islands
Presiding Judge: Ruth Miller
Referring Judge: Robert A Molloy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Filing 41 Opposition to Motion re #31 MOTION to Dismiss Case as Frivolous MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Boshow Ann Kirkland. (Vogel, Gaylin)
November 8, 2023 Filing 40 MOTION for Leave to File Sur-Reply to Plaintiff's Omnibus Reply by Defendant John Kirkland. (Attachments: #1 Exhibit) (Thomas-Griffith, Marie)
November 6, 2023 Filing 39 REPLY to Opposition to Motion re #31 MOTION to Dismiss Case as Frivolous MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Boshow Ann Kirkland. (Attachments: #1 Exhibit Exhibit 1) (Vogel, Gaylin)
November 6, 2023 Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Guard Force Security Services, LLC. (Attachments: #1 Proposed Order) (Williams, Pedro)
October 27, 2023 Opinion or Order Filing 37 ORDER (RM): the Stipulation for Substitution of Counsel #33 is APPROVED. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
October 26, 2023 Filing 36 Opposition to Motion re #28 MOTION for Leave to File Amended Complaint filed by Defendant John Kirkland. (Thomas-Griffith, Marie)
October 25, 2023 Filing 35 Opposition to Motion re #28 MOTION for Leave to File Amended Complaint filed by Defendant 4-10 Estate Botany Bay, LLC. (Attachments: #1 Exhibit 1 - 19-06-26_Annual Report Filing for Discover Fund Management, Inc., #2 Exhibit 2 - 23-08-22_EBB_Served Affidavit, Notice to Quit - Boshow Ann Kirkland) (Sheesley, Michael)
October 23, 2023 Filing 34 NOTICE of Filing Proposed Order by John Kirkland re #33 Stipulation For Substitution of Counsel (Attachments: #1 Text of Proposed Order) (Thomas-Griffith, Marie)
October 23, 2023 Filing 33 STIPULATION by John Kirkland. (Thomas-Griffith, Marie)
October 23, 2023 Filing 32 NOTICE of Appearance by Marie E. Thomas-Griffith on behalf of Defendant John Kirkland (Thomas-Griffith, Marie)
October 23, 2023 Filing 31 MOTION to Dismiss Case as Frivolous ( Responses due by 11/5/2023), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Kirkland. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit, #2 Exhibit) (Thomas-Griffith, Marie)
October 17, 2023 Filing 30 REPLY to re #29 Response filed by Plaintiff Boshow Ann Kirkland ANN KIRKLANDS RESPONSE TO COURT ORDER DATED SEPTEMBER 20, 2023 filed by Defendant 4-10 Estate Botany Bay, LLC. Responses due by 10/30/2023 (Sheesley, Michael)
October 12, 2023 Filing 29 Response re 27 Order on Motion for Extension of Time to File Response/Reply, 19 Order,, Response to Court Order dated September 20, 2023 filed by Plaintiff Boshow Ann Kirkland. (Vogel, Gaylin)
October 12, 2023 Filing 28 MOTION for Leave to File Amended Complaint by Plaintiff Boshow Ann Kirkland. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit, #3 Text of Proposed Order Proposed Order) (Vogel, Gaylin)
October 4, 2023 Opinion or Order Filing 27 ORDER (RAM) Plaintiff Boshow Kirkland's Motion for Extension of Time, ECF #26 , is GRANTED. Plaintiff shall file her brief in accordance with the Court's September 20th Order no later than October 12, 2023. (This is a TEXT-ONLY entry. There is no PDF document associated with this entry.) (JRK)
October 3, 2023 Filing 26 MOTION for Extension of Time to File Response/Reply to the Defendants' Briefs on Jurisdiction by Plaintiff Boshow Ann Kirkland. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order Proposed Order) (Vogel, Gaylin)
October 3, 2023 Filing 25 REPLY to Opposition to Motion re #18 Notice (Other) to Dismiss filed by Defendant 4-10 Estate Botany Bay, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sheesley, Michael)
October 3, 2023 Filing 24 REPLY to Opposition to Motion re #17 Notice (Other) to Dismiss filed by Defendant 4-10 Estate Botany Bay, LLC. (Sheesley, Michael)
September 27, 2023 Filing 23 NOTICE Memorandum of Law by Guard Force Security Services, LLC (Attachments: #1 Exhibit 1) (Williams, Pedro)
September 27, 2023 Filing 22 Response re 19 Order,, filed by Defendant John Kirkland. (Attachments: #1 Exhibit A - Pltf's 2nd Verified Emergency Mt for TRO, Page 5) (Thomas-Griffith, Marie)
September 26, 2023 Filing 21 NOTICE of Filing by 4-10 Estate Botany Bay, LLC re 19 Order,, (Attachments: #1 Exhibit Memorandum of Law) (Sheesley, Michael)
September 25, 2023 NOTICE OF CORRECTED DOCKET ENTRY: Event and document do not match. A notice of appearance must be filed before entering any other filings.Re: #20 Notice of Appearance. (KW)
September 22, 2023 Filing 20 NOTICE of Appearance by Marie E. Thomas-Griffith on behalf of Defendant John Kirkland (Thomas-Griffith, Marie)
September 20, 2023 Opinion or Order Filing 19 ORDER (RAM) The Court has some concerns as to whether it has subject-matter jurisdiction in this case. Accordingly, Defendants shall, by no later than September 27, 2023, file a memorandum of law, with citations to the appropriate authority, addressing whether the Court may exercise diversity jurisdiction in this matter. Plaintiff shall have until October 4, 2023, to file a response. Defendants may file a reply, but no later than October 11, 2023. Neither parties' brief shall exceed ten (10) pages. (This is a TEXT-ONLY entry. There is no PDF document associated with this entry.) (JRK)
September 19, 2023 Filing 18 NOTICE Notice of Filing by Boshow Ann Kirkland (Attachments: #1 Exhibit Exhibit 1) (Vogel, Gaylin)
September 19, 2023 Filing 17 NOTICE Notice of Filing by Boshow Ann Kirkland (Attachments: #1 Exhibit Exhibit 1) (Vogel, Gaylin)
September 19, 2023 Filing 16 NOTICE of Filing by 4-10 Estate Botany Bay, LLC (Attachments: #1 Exhibit Judge Carol Thomas-Jacobs Memorandum Opinion Denying Second Emergency Motion for Temporary Restraining Order, dated September 11, 2023) (Sheesley, Michael)
September 19, 2023 Filing 15 NOTICE Notice of Filing by Boshow Ann Kirkland (Attachments: #1 Exhibit Exhibit 1) (Vogel, Gaylin)
September 19, 2023 Filing 14 NOTICE Notice of Filing by Boshow Ann Kirkland (Attachments: #1 Exhibit Exhibit 1) (Vogel, Gaylin)
September 19, 2023 Filing 13 REPLY to 4-10 Estate Botany Bay, LLC's Opposition to the Verified Second Emergency Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Boshow Ann Kirkland. Responses due by 10/2/2023 (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 9, #3 Exhibit Exhibit 10) (Vogel, Gaylin)
September 19, 2023 Filing 12 NOTICE of Appearance by Gaylin Vogel on behalf of Plaintiff Boshow Ann Kirkland (Vogel, Gaylin)
September 15, 2023 Filing 11 ANSWER to Complaint by Guard Force Security Services, LLC. (Williams, Pedro)
September 13, 2023 Filing 10 NOTICE of Appearance by Pedro K Williams on behalf of Defendant Guard Force Security Services, LLC (Williams, Pedro)
September 13, 2023 Filing 9 NOTICE Notice of Joinder by Guard Force Security Services, LLC (Williams, Pedro)
September 13, 2023 Filing 8 NOTICE Notice of Joinder in Notice of Removal by Guard Force Security Services, LLC (Williams, Pedro)
September 13, 2023 NOTICE OF CORRECTED DOCKET ENTRY Re: #8 Notice (Other). Counsel is required to file a Notice of Appearance pursuant to LRCi 5.2(a). (TNS)
September 12, 2023 Filing 7 Corporate Disclosure Statement by 4-10 Estate Botany Bay, LLC. (Sheesley, Michael)
September 12, 2023 Filing 6 NOTICE of Appearance by Michael L. Sheesley on behalf of Defendant 4-10 Estate Botany Bay, LLC (Sheesley, Michael)
September 12, 2023 Filing 5 NOTICE OF CORRECTED DOCKET ENTRYRe: #3 Notice (Other). Pursuant to Federal Rules of Civil Procedure 7.1(b), 4-10 Estate Botany Bay, LLC is required to file a Corporate Disclosure Statement. (EMK)
September 12, 2023 Filing 4 NOTICE OF CORRECTED DOCKET ENTRYRe: #3 Notice (Other). Counsel is required to file a Notice of Appearance pursuant to LRCi 5.2(a). (EMK)
September 12, 2023 Filing 3 NOTICE of Joinder in Notice of Removal by 4-10 Estate Botany Bay, LLC re #1 Case Transferred In - District Transfer,,, Notice of Removal,, (Sheesley, Michael)
September 11, 2023 Filing 2 NOTICE Rule 7.1 Disclosure Statement by John Kirkland (Crabill, William)
September 11, 2023 Filing 1 Case transferred in from District of Superior Court Virgin Islands, St. Thomas; Case Number ST-2023-CV-00254. Original file certified copy of transfer order and docket sheet received., NOTICE OF REMOVAL by Plaintiff Boshow Ann Kirkland by Defendant John Kirkland from Superior Court of the Virgin Islands, St. Thomas, case number ST-2023-CV-00254. ( Filing fee $ 402 receipt number AVIDC-1090879)filed by John Kirkland. (Attachments: #1 Exhibit Complaint, #2 Civil Cover Sheet Civil Cover Sheet) (Crabill, William) .

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Plaintiff: Boshow Ann Kirkland
Represented By: Gaylin Vogel
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Defendant: John Kirkland
Represented By: William E Crabill
Represented By: Marie E. Thomas-Griffith
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Defendant: 4-10 Estate Botany Bay, LLC
Represented By: Michael L. Sheesley
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Defendant: Guard Force Security Services, LLC
Represented By: Pedro K Williams
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