Patel v. Wilke
| Mital Suman Kumar Patel |
| Robert Wilke |
| 1:2021cv00131 |
| September 23, 2021 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Michael John Aloi |
| Thomas S Kleeh |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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Filing 47
RETURN RECEIPT as to #46 Order. SERVICE ACCEPTED on 11/9/2021. (jmm)
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Filing 46
ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE ELECTRONICALLY [ECF NO. #45 ]. Signed by Magistrate Judge Michael John Aloi on 11/04/2021. (Mailed to PS Plaintiff via CM, RRR.)(wrr) (Additional attachment(s) added on 11/4/2021: #1 Certified Mail Return Receipt) (wrr).
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Filing 45
Request for getting documents electronically and being able to file electronically by Mital Suman Kumar Patel. (Attachments: #1 Envelope)(jmm)
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Filing 44
NOTICE of Change of Address by Mital Suman Kumar Patel. (Attachments: #1 Envelope)(docket sheet updated)(jmm)
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Filing 43
RETURN RECEIPT as to #37 Notice of General Guidelines for Appearing Pro Se In Federal Court. SERVICE ACCEPTED on 10/25/2021. (wrr)
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Filing 42
RETURN RECEIPT as to #39 Order on Motion to Substitute Attorney. SERVICE ACCEPTED on 10/7/2021. (dk)
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Filing 41
RETURN RECEIPT as to #40 Service of AO 85. SERVICE ACCEPTED on 10/7/2021. (dk)
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Filing 40
NOTICE of Magistrate Judge availability to exercise Jurisdiction (AO85) pursuant to LR PL P 28. ***ATTORNEYS: DO NOT FILE EXECUTED CONSENT ELECTRONICALLY. (Mailed to PS Plaintiff via CM, RRR.) (wrr) (Additional attachment(s) added on 9/29/2021: #1 Certified Mail Return Receipt) (wrr).
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Filing 39
ORDER GRANTING MOTION TO SUBSTITUTE COUNSEL IN ACTION ECF No. #38 . Attorney Christine Hyojin Lyman terminated. Signed by Magistrate Judge Michael John Aloi on 9/24/2021. (Copy counsel of record)(jmm) (Additional attachment(s) added on 9/27/2021: #1 Certified Mail Return Receipt) (wrr).
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Filing 38
MOTION to Substitute Attorney by Robert Wilke. (Attachments: #1 Proposed Order)(McKee (USA), Morgan)
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Filing 37
Notice of General Guidelines for Appearing Pro Se In Federal Court. (Mailed to PS Plaintiff via CM, RRR.) (wrr) (Main Document 37 replaced on 9/23/2021 with corrected document) (wrr). NEF regenerated. (Additional attachment(s) added on 9/23/2021: #1 Certified Mail Return Receipt) (wrr).
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Filing 36
VERIFICATION OF ATTORNEY ADMISSION as to Christine Hyojin Lyman. (wrr)
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Filing 35
Case transferred in from District of New Mexico; Case Number 1:20-cv-00870. (wrr)
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Filing 34
ORDER by Magistrate Judge Steven C. Yarbrough granting #28 Motion to Transfer. The Clerk is DIRECTED to TRANSFER this case to the Northern District of West Virginia. (kfo) [Transferred from New Mexico on 9/23/2021.]
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Filing 33
Statement by Mital Patel (jg) [Transferred from New Mexico on 9/23/2021.]
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Filing 32
NOTICE of Briefing Complete by Robert Wilke re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue filed by Robert Wilke (Lyman, Christine) [Transferred from New Mexico on 9/23/2021.]
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Filing 31
REPLY to Response to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue filed by Robert Wilke. (Lyman, Christine) [Transferred from New Mexico on 9/23/2021.]
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Filing 30
RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue filed by Mital Suman Kumar Patel. (jg) [Transferred from New Mexico on 9/23/2021.]
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Filing 29
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court finds good cause to delay entry of a scheduling order pending resolution of Defendant's Motion to Dismiss or Transfer (Doc. 28). (tl) [Transferred from New Mexico on 9/23/2021.]
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Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue by Robert Wilke. (Attachments: #1 Exhibit A - Declaration of Riaz Cassim, MD) (Lyman, Christine) [Transferred from New Mexico on 9/23/2021.]
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Filing 27
NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 25 Consent to Proceed Before a U.S. Magistrate Judge, filed by Robert Wilke, #26 Consent to Proceed Before a U.S. Magistrate Judge, filed by Mital Suman Kumar Patel. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 26
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Mital Suman Kumar Patel voluntarily consent(s) to have United States Magistrate Judge Steven C. Yarbrough conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 25
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Robert Wilke voluntarily consent(s) to have United States Magistrate Judge Steven C. Yarbrough conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lyman, Christine)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 9/23/2021.]
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Filing 24
NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 9/23/2021.]
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Filing 23
NOTICE of Appearance by Christine Hyojin Lyman on behalf of Robert Wilke (Lyman, Christine) [Transferred from New Mexico on 9/23/2021.]
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Filing 22
AFFIDAVIT of Service for summons and amended complaint served on U.S. Attorney General Civil Process Clerk on 02/05/21, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 21
AFFIDAVIT of Service for summons and amended complaint served on U.S. Attorney on 01/31/21, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 20
AFFIDAVIT of Service for summons and amended complaint served on U.S. Attorney General on 02/05/21, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 19
ORDER by Magistrate Judge Kirtan Khalsa denying #18 Motion for Entry of Default (jdm) [Transferred from New Mexico on 9/23/2021.]
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Filing 18
THIRD MOTION for Entry of Default Against the Defendant. by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 17
AFFIDAVIT of Service for Summons and Complaint served on Robert Wilkie on 10/07/2020, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 15
ORDER by Magistrate Judge Kirtan Khalsa denying #14 Second Motion for Entry of Default (jdm) [Transferred from New Mexico on 9/23/2021.]
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Filing 14
SECOND MOTION for Entry of Default by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 16
NOTICE re USPS Tracking by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 13
ORDER by Magistrate Judge Kirtan Khalsa denying #12 Motion for Entry of Default (jdm) [Transferred from New Mexico on 9/23/2021.]
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Filing 12
MOTION for Entry of Default by Mital Suman Kumar Patel. (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 11
NOTICE re USPS Tracking by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 10
CM/ECF Pro Se Notification Form by Mital Suman Kumar Patel electing to receive notification via E-Mail. (ln) [Transferred from New Mexico on 9/23/2021.]
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Summons Issued as to Robert Wilke. (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 9
ORDER by Magistrate Judge Kirtan Khalsa granting #6 Motion to file and receive documents via e-mail. (jdm) [Transferred from New Mexico on 9/23/2021.]
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Filing 8
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 7
FIRST AMENDED COMPLAINT against Robert Wilke, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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Filing 6
MOTION to Efile by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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United States Magistrate Judge Steven C. Yarbrough assigned. (dr) [Transferred from New Mexico on 9/23/2021.]
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Filing 5
Filing Fee: $ 400, receipt number ALB047648 (snw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 9/23/2021.]
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Filing 4
ORDER by Magistrate Judge Kirtan Khalsa granting Plaintiff leave to file an amended complaint within 21 days. (jdm) [Transferred from New Mexico on 9/23/2021.]
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Filing 3
FILED I N ERROR - PLEASE TAKE NOTICE that United States Magistrate Judge Kevin R. Sweazea has been assigned for a 28 U.S.C. 1915 review. (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified docket text on 8/27/2020 (ln). [Transferred from New Mexico on 9/23/2021.]
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Filing 2
PLEASE TAKE NOTICE that United States Magistrate Judge Kirtan Khalsa has been assigned for a 28 U.S.C. 1915 review. (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 9/23/2021.]
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Filing 1
COMPLAINT for Employment Discrimination against Robert Wilke, filed by Mital Suman Kumar Patel. (ln) [Transferred from New Mexico on 9/23/2021.]
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United States Magistrate Judge Kirtan Khalsa assigned. (ln) [Transferred from New Mexico on 9/23/2021.]
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| Plaintiff: Mital Suman Kumar Patel | |
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| Defendant: Robert Wilke | |
| Represented By: | Christine Hyojin Lyman |
| Represented By: | Christopher James Prezioso |
| Represented By: | Morgan McKee (USA) |
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