| Court: | kywd |
| Docket #: | 3:09-cv-00531 |
| Case Name: | Wade v. George et al |
| PACER case #: | 70330 |
| Date filed: | 2009-07-24 |
| Date terminated: | 2010-06-07 |
| Assigned to: | Senior Judge Charles R. Simpson, III |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jamie R. Wade, III Plaintiff also known asJamie Wade also known asJames R. Wade, III |
Jamie R. Wade, III |
| Elmer J. George Defendant Individually, and d/b/a Elmer J. George, Esq., Attorney-at-Law |
C. Thomas Hectus |
| Sharron Wade Defendant |
C. Thomas Hectus |
| Sharron Wade Counter Claimant |
C. Thomas Hectus |
| Jamie R. Wade, III Counter Defendant |
Jamie R. Wade, III |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-07-24 | 1 | 0 | COMPLAINT against Elmer J. George, Sharron Wade, filed by Jamie R. Wade, III. (TLB) (Additional attachment(s) added on 8/31/2009: # 1 Summons) (TLB). (Entered: 07/28/2009) | |||
| 2009-07-27 | 2 | 0 | Case Assignment (Random Selection): Case Assigned to Judge Charles R. Simpson III. Magistrate designation: Dave Whalin. (TLB) (Entered: 07/28/2009) | |||
| 2009-07-28 | 3 | 0 | NOTICE of Deficiency re 1 Complaint (no filing fee or ifp and no summons): failure to comply will be brought to the attention of the Court. Response due by 8/31/2009. (TLB) (Entered: 07/28/2009) | |||
| 2009-08-28 | 4 | 0 | Motion to Proceed in forma pauperis (TLB) Modified on 9/18/2009 motion and order unsealed, affidavit restricted (TBS). (Entered: 08/31/2009) | |||
| 2009-09-18 | 5 | 0 | ORDER by Judge Charles R. Simpson, III on 9/17/2009 ; 4 motion to proceed in forma pauperis GRANTED; clerk directed to unseal 4 ; financial affidavit to be filed as restricted document. cc: plaintiff pro se (TLB) (Entered: 09/18/2009) | |||
| 2009-09-18 | 6 | 0 | ORDER by Judge Charles R. Simpson, III on 9/17/2009; clerk to issue summons and effect service of process on defendants via USM; parties to comply as set forth in order; failure to comply was result in dismissal of this case.cc: plaintiff pro se, defendants (TLB) (Entered: 09/18/2009) | |||
| 2009-09-22 | 7 | 0 | Summons Issued as to Elmer J. George. (NM) (Entered: 09/23/2009) | |||
| 2009-09-28 | 8 | 0 | MOTION to Notice the Court by Plaintiff Jamie R. Wade, III Responses due by 10/16/2009 (Attachments: # 1 Exhibit, # 2 Proposed Order) (TLB) (Entered: 09/29/2009) | |||
| 2009-10-16 | 9 | 0 | ANSWER to 1 Complaint by Elmer J. George. (Hectus, C.) (Entered: 10/16/2009) | |||
| 2009-10-19 | 10 | 0 | MOTION to Dismiss by Defendant Elmer J. George Responses due by 11/6/2009 (Hectus, C.) (Additional attachment(s) added on 10/19/2009: # 1 Memorandum in Support, # 2 Proposed Order) (NM). (Entered: 10/19/2009) | |||
| 2009-10-19 | 11 | 0 | ERROR: filed as separate docket entry by e-filer. Re-filed as attachment to DN 10 by clerk (NM). (Entered: 10/19/2009) | |||
| 2009-10-19 | 12 | 0 | Error: filed as separate docket entry by e-filer. Re-filed as attachment to DN 10 by clerk (NM). (Entered: 10/19/2009) | |||
| 2009-10-16 | 13 | 0 | Return of Service Unexecuted as to Sharron Wade. (SJS) (Entered: 10/19/2009) | |||
| 2009-10-21 | 14 | 0 | SUMMONSES Returned Executed as to Elmer J. George, Individually, and as to Elmer J. George, as Attorney-at-Law served on 9/24/2009, answer due 10/14/2009. (Attachments: # 1 Process Receipt and Return) (TLB) Modified on 10/30/2009: clear up text (RLK). (Entered: 10/21/2009) | |||
| 2009-11-06 | 15 | 0 | MOTION by Plaintiff Jamie R. Wade, III to status the court regarding the prcedural posture of this case. Responses due by 11/24/2009. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order) (TLB) (Entered: 11/09/2009) | |||
| 2009-11-06 | 16 | 0 | RESPONSE filed by Jamie R. Wade, III to 10 MOTION to Dismiss. Replies due by 11/20/2009. (Attachments: # 1 Proposed Order) (TLB) (Entered: 11/09/2009) | |||
| 2009-11-06 | 17 | 0 | MOTION by Plaintiff Jamie R. Wade, III to Strike 10 MOTION to Dismiss. Responses due by 11/24/2009. (Attachments: # 1 Proposed Order) (TLB) (Entered: 11/09/2009) | |||
| 2009-11-06 | 18 | 0 | MOTION by Plaintiff Jamie R. Wade, III to Strike 9 Answer to Complaint. Responses due by 11/24/2009 (Attachments: # 1 Motion continued, # 2 Proposed Order) (TLB) (Entered: 11/09/2009) | |||
| 2009-11-13 | 19 | 0 | MOTION for Default Judgment as to Elmert J. George by Plaintiff Jamie R. Wade, III. Responses due by 12/1/2009. (Attachments: # 1 Proposed Order) (TLB) (Entered: 11/16/2009) | |||
| 2009-11-18 | 20 | 0 | RESPONSE to Motion re 17 MOTION to Strike 10 MOTION to Dismiss, 18 MOTION to Strike 9 Answer to Complaint , or in the Alternative, Defendant's Motion for Enlargement of Time filed by Elmer J. George. Replies due by 12/2/2009. (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Hectus, C.) (Entered: 11/18/2009) | |||
| 2009-11-25 | 21 | 0 | ORDER by Judge Charles R. Simpson, III on 11/24/09; For reasons stated on the record, within 14 days of entry of this Order, Dft George shall file a response to the motion as set forth.cc:counsel, Pltf pro se, Dft Shannon Wade (SJS) (Entered: 11/25/2009) | |||
| 2009-11-30 | 22 | 0 | ORDER signed by Judge Charles R. Simpson, III on 11/24/2009. Court directed the Clerk of Court to issue summons and effect service of process 6 . Summons for Defendant Sharron Wade has been returned unexecuted 13 and marked "unclaimed." It is unclear whether "unclaimed" means that Defendant Sharron Wade is attempting to evade service or whether it means something else. Court will attempt to re-serve Defendant Sharron Wade. Clerk of Court shall issue summons and effect service of process of the summons, complaint 1 , and subsequently filed exhibits 8 on Defendant Sharron Wade by way of the U.S. Marshals. cc: Plaintiff, pro se; Counsel, Defendant Sharron Wade (RLK) (Entered: 11/30/2009) | |||
| 2009-11-30 | 23 | 0 | Summons Reissued and given to U.S. Marshal to effect service as to Sharron Wade per 22 . (RLK) (Entered: 11/30/2009) | |||
| 2009-12-08 | 24 | 0 | COMPLIANCE with 21 Order re RESPONSE to 8 MOTION to Notice filed by Elmer J. George. Replies due by 12/25/2009. (Hectus, C.) Modified on 12/9/2009: added link (RLK). (Entered: 12/08/2009) | |||
| 2010-01-28 | 25 | 0 | Sharron Wade's ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Jamie R. Wade, III by Sharron Wade. (Hectus, C.) (Entered: 01/28/2010) | |||
| 2010-03-17 | 26 | 0 | MOTION to Notify the Court that the Defendant, Sharron Wade, has Failed to Serve a Copy of Her Answer and Counterclaim Upon the Plaintiff re 25 Answer to Complaint, Counterclaim by Plaintiff Jamie R. Wade, III, pro se. Responses due by 4/12/2010. (RLK) (Entered: 03/19/2010) | |||
| 2010-03-30 | 27 | 0 | RESPONSE to Motion re 26 MOTION to Notify the Court that the Defendant, Sharron Wade, has Failed to Serve a Copy of Her Answer and Counterclaim Upon the Plaintiff re 25 Answer to Complaint, Counterclaim. Replies due by 4/16/2010. (Hectus, C.) (Additional attachment(s) added on 3/31/2010: # 1 Proposed Order) (RLK). Modified on 3/31/2010: clean up text (RLK). (Entered: 03/30/2010) | |||
| 2010-06-07 | 28 | 0 | MEMORANDUM OPINION signed by Judge Charles R. Simpson, III on 6/4/2010. A separate order will effectuate the decisions expressed.cc: Plaintiff, pro se; Counsel (RLK) (Entered: 06/07/2010) | 2017-11-10 14:15:27 | 002e5767ea1e0e23a7274d474d1490dbb0d5f83f | |
| 2010-06-07 | 29 | 0 | ORDER signed by Judge Charles R. Simpson, III on 6/4/2010. As explained in the Opinion 28 , Elmer George's Motion to Dismiss 10 is GRANTED with respect to all federal-law claims, which are DISMISSED WITH PREJUDICE. The Court declines to exercise jurisdiction over the remaining state-law claims, which are hereby DISMISSED WITHOUT PREJUDICE. The federal-law claims against Sharron Wade are also DISMISSED WITH PREJUDICE, and the state-law claims against her are DISMISSED WITHOUT PREJUDICE. George's Answer is considered timely filed. Plaintiff's remaining motions 8 , 15 , 17 , 18 & 19 are DENIED. cc: Plaintiff, pro se; Counsel (RLK) (Entered: 06/07/2010) | |||
| 2010-06-16 | 30 | 0 | ORDER signed by Judge Charles R. Simpson, III on 6/15/2010. It has come to the Court's attention that Sharron Wade's Answer (DN 10) contained a counterclaim that was not addressed in the Court's Opinion and Order dismissing the balance of the case. For the reasons set forth, the counterclaim is DISMISSED WITHOUT PREJUDICE.cc: Plaintiff, pro se; Counsel (RLK) (Entered: 06/16/2010) | |||
| 2010-06-28 | 31 | 0 | Summons Returned Unexecuted as to Sharron Wade. (RLK) (Entered: 06/29/2010) |