Cecil v. Novak
| James Lee Cecil, Jr. |
| Wellpath Health Services and Dr. Novak |
| 7:2024cv00235 |
| April 4, 2024 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| C Kailani Memmer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 Roseboro Notice re #27 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss. Deadline set for 06/24/2024. (Notice mailed to Pro Se Party/Parties via US Mail)(kmc) |
| Filing 29 NOTICE by Dr. Novak re #27 Notice of Waiver of Oral Argument (Axselle, Angela) |
| Filing 28 Brief / Memorandum in Support re #27 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss . filed by Dr. Novak. (Axselle, Angela) |
| Filing 27 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss by Dr. Novak. (Axselle, Angela) |
| Filing 26 FIRST AMENDED COMPLAINT against Dr. Novak, filed by James Lee Cecil, Jr.(tvt) |
| Filing 25 MINUTE ORDER: Dismissing without prejudice as moot #5 Motion to Dismiss ; dismissing without prejudice as moot #7 Motion to Dismiss ; dismissing #7 Motion; granting #16 Motion to Amend/Correct; dismissing without prejudice as moot #20 Motion for in camera review ; granting #24 Motion to Voluntary Dismiss negligence claim against Novak and to dismiss all claims against Wellpath Health Services; The Clerk is directed to terminate Wellpath as a defendant in this action. Entered by Honorable C. Kailani Memmer on 5/14/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order mailed to Pro Se Party/Parties via US Mail)(tvt) |
| Filing 24 "Response to Motion to Dismiss" MOTION to Voluntary Dismiss all claims against Wellpath Health Services and the Negligence Claims against Dr. Novak; Plaintiff Objects to the Deliberate Indifference Claims against Novak by James Lee Cecil, Jr. (tvt) |
| Filing 23 Roseboro Notice re #18 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss. Deadline set for 5/28/2024. (Notice mailed to Pro Se Party/Parties via US Mail)(kpa) |
| Filing 22 NOTICE by Dr. Novak, Wellpath Health Services re #20 , #18 Notice of Waiver of Oral Argument (Axselle, Angela) |
| Filing 21 Brief / Memorandum in Support re #20 MOTION Motion for in camera review and motion to dismiss re #16 MOTION to Amend/Correct #1 Notice of Removal, Motion for In Camera Review and Motion to Dismiss . filed by Dr. Novak. (Attachments: #1 Exhibit A, #2 Exhibit B)(Axselle, Angela) |
| Filing 20 MOTION Motion for in camera review and motion to dismiss re #16 MOTION to Amend/Correct #1 Notice of Removal, Motion for In Camera Review and Motion to Dismiss by Dr. Novak. Motions referred to Judge C. Kailani Memmer. (Axselle, Angela) |
| Filing 19 Brief / Memorandum in Support re #18 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss . filed by Dr. Novak, Wellpath Health Services. (Axselle, Angela) |
| Filing 18 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss by Dr. Novak, Wellpath Health Services. (Axselle, Angela) |
| Filing 17 Brief/Memorandum in Support of Plaintiff's Response to Demurrer filed by James Lee Cecil, Jr. (tvt) |
| Filing 16 MOTION to Amend/Correct #1 Notice of Removal (Complaint) by James Lee Cecil, Jr. Motions referred to Judge C. Kailani Memmer. (tvt) |
| Filing 15 MINUTE ORDER: This matter was removed from Roanoke County Circuit Court on April 4, 2024. On April 16, 2024, the court received forwarded documents that plaintiff had filed in Roanoke County Circuit Court, ECF No. 13. Plaintiff is advised that he must file documents or pleadings in this court, the United States District Court for the Western District of Virginia, going forward. The address for filing is 210 Franklin Road SW, Suite 540, Roanoke, Virginia, 24011-2208.. Entered by Honorable C. Kailani Memmer on 4/18/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order mailed to Pro Se Party/Parties via US Mail)(tvt) |
| Filing 14 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (Notice mailed to Pro Se Party/Parties via US Mail)(aab) |
| Filing 13 Additional Evidence - Items plaintiff sent to Roanoke County Circuit Court by James Lee Cecil, Jr (Roanoke County Circuit Court sent these documents to this Court) (tvt) |
| Filing 12 Letter stating the Amended Complaint and Memorandum in Support filed in the Roanoke County Court can also be used in opposition to a Rule 12 Motion as it was plaintiff's response to Demurrer in State Court by James Lee Cecil, Jr. (tvt) |
| Filing 11 Certified True Paper Copies of State Court Record(s) received from Roanoke County Circuit Court, case number(s) CL24000299-00 consisting of 1 Volume. (aab) |
| Filing 10 Roseboro Notice and Magistrate Consent Notice to Parties re #7 MOTION to Dismiss, #5 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss. Deadline set for 5/6/2024. (Attachments: #1 Magistrate Consent) (Notice mailed to Pro Se Party/Parties via US Mail)(jv) |
| Filing 9 NOTICE by Dr. Novak, Wellpath Health Services re #7 , #5 Notice of Waiver of Oral Argument (Axselle, Angela) |
| Filing 8 Brief / Memorandum in Support re #7 MOTION FOR IN CAMERA REVIEW AND MOTION TO DISMISS filed by Dr. Novak. (Attachments: #1 Exhibit A, #2 Exhibit B)(Axselle, Angela). |
| Filing 7 MOTION FOR IN CAMERA REVIEW AND MOTION TO DISMISS by Dr. Novak. (Axselle, Angela). Modified on 4/11/2024 Docket text was modified to reflect the correct docket entry: added Misc. Motion event (jv). |
| Filing 6 Brief / Memorandum in Support re #5 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss . filed by Dr. Novak, Wellpath Health Services. (Axselle, Angela) |
| Filing 5 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss by Dr. Novak, Wellpath Health Services. (Axselle, Angela) |
Filing 4
Order Requesting Transmittal of Case File from Roanoke County Circuit Court. Signed by Judge Elizabeth K. Dillon on 4/5/2024. (Order mailed to Pro Se Party/Parties and Circuit Court via US Mail)(tvt)
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Filing 3
ORDER. Signed by Honorable C. Kailani Memmer on 4/5/2024. (Order mailed to Pro Se Party/Parties via US Mail)(tvt)
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| Filing 2 Negative Corporate Disclosure Statement by Dr. Novak, Wellpath Health Services (tvt) |
| Filing 1 NOTICE OF REMOVAL from Roanoke County Circuit, case number CL24000299-00. (Filing & Administrative fee $405, receipt number AVAWDC-4400049), filed by Wellpath Health Services, Dr. Novak. (Attachments: #1 Notice of Appearance, #2 Demurrer, #3 State Court Summons and Complaint, #4 Civil Cover Sheet)(tvt) |
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