Harris et al v. Cooley et al
| Ohio Southern District Court | |
| Judge: | Michael R Barrett |
| Referred: | Stephanie K Bowman |
| Case #: | 1:17-cv-00540 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:405 Fair Housing Act |
| Case Filed: | Aug 16, 2017 |
| Terminated: | Sep 19, 2019 |
| Case in other court: | 6th Circuit, 19-04029 |
| Last checked: Monday Feb 12, 2018 3:25 AM EST |
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Defendant
Daniel Cooley
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Defendant
Kaylay Cooley
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Defendant
Chrissy Lodwick Spraughe
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Plaintiff
Franklin David Jr Harris
1925 Timmonds Avenue
Portsmouth, OH 45662 |
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Plaintiff
Gwendolyn Gail Harris
1925 Timmonds Ave.
Portsmouth, OH 45662 |
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Trustee in Bankruptcy
Trustee Margaret A Burks
600 Vine St. Suite 2200
Cincinnati, OH 45202 |
Represented By
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GPO
Sep 13 2017
OPINION AND ORDER signed by Magistrate Judge Stephanie K. Bowman on 09/13/2017. IT IS ORDERED THAT: The Clerk of Court shall transmit the summons forms to the United States Marshal, who shall serve a copy of the complaint, the summons, and this Order upon the Defendants as directed by Plaintiff. A copy of this Order shall be served on nonparty Margaret A. Burks, Esq., Chapter 13 Trustee, with additional courtesy copies to be transmitted to the Clerk of the Bankruptcy Court, and to the Scioto County Clerk of Court. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. A copy of this order also sent this date to the Clerk, U.S. Bankruptcy Court and the Scioto County Clerk of Courts. Counsel for the trustee served this date via ECF.) Modified Docket Text on 9/13/2017 (bjc). |
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GPO
Dec 22 2017
OPINION AND ORDER: IT IS ORDERED THAT: 1. Plaintiffs most recent motion seeking service upon the Cooley Defendants (Doc. 17) is GRANTED in part, as described in paragraph 3 of this Order; 2. Plaintiffs earlier motions for the date that the U.S. Marshal executed service (Docs. 13, 16) are DENIED AS MOOT; 3. The Clerk of Court shall serve a copy of the complaint, the first amended complaint, Plaintiffs Notice of Erracta, the summons, and this Order upon the Defendants by ordinary mail, with all costs of service to be advanced by the Court. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/2017. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Sep 24 2018
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT Plaintiffs' first motion for entry of default 21 be GRANTED IN PART, and that Entries of Default be filed against Defendants Daniel Cooley and Kaylay Cooley, but that the motion be DENIED without prejudice to renew as to Defendant Spraughe. IT IS FURTHER RECOMMENDED THAT Plaintiffs' second motion for entry of default 23 be DENIED as moot. Objections to R&R due by 10/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 9/24/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Oct 26 2018
ORDER ADOPTING 24 REPORT AND RECOMMENDATIONS. Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiffs Motion for Entry of Default (Doc. 21) is GRANTED IN PART. The Clerk shall enter default against Defendants Daniel Cooley and Kaylay Cooley. The Motion (Doc. 21) is DENIED without prejudice to review as to Defendant Spraughe consistent with the recommendation by the Magistrate Judge. Plaintiffs Motion for Entry of Default (Doc. 23) is DENIED AS MOOT. Signed by Judge Michael R. Barrett on 10/26/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified docket text on 10/29/2018 (sct). |
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GPO
Apr 11 2019
REPORT AND RECOMMENDATIONS re 32 Plaintiffs' Motion for Default Judgment and for Permanent Injunction. IT IS RECOMMENDED THAT Plaintiffs' motion for entry of default judgment and for other relief including a permanent injunction 32 be DENIED and that this case be DISMISSED in its entirety for failure to state any federal claim and for lack of federal jurisdiction. Objections to R&R due by 4/25/2019. Signed by Magistrate Judge Stephanie K. Bowman on 4/11/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Sep 19 2019
ORDER adopting Report and Recommendation dismissing this matter for failure to state and federal claim and for lack of federal jurisdiction. Signed by Judge Michael R. Barrett on 9/18/19. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Feb 06 2020
MEMORANDUM OPINION AND ORDER denying 43 Plaintiffs' Motion for Correction or Modification of the Record to Include a State Court Pleading. Signed by Magistrate Judge Stephanie K. Bowman on 2/6/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Docket last updated: 2 hours ago |
| Thursday, June 18, 2020 | ||
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appeal
USCA Mandate
Thu 06/18 9:29 AM
MANDATE of USCA Pursuant to the court's disposition that was filed 05/26/2020 the mandate for this case hereby issues today 6/17/20 as to38 Notice of Appeal, filed by Gwendolyn Gail Harris, Franklin David Jr Harris (pb) |
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| Wednesday, May 27, 2020 | ||
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appeal
USCA Order
Wed 05/27 1:29 PM
ORDER of USCA Accordingly, we AFFIRM the district courts judgment and DENY the motion to correct the record. as to38 Notice of Appeal, filed by Gwendolyn Gail Harris, Franklin David Jr Harris Note: Mandate to issue. (pb) |
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| Thursday, February 06, 2020 | ||
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pgs
order
Order on Motion for Miscellaneous Relief
Thu 02/06 2:54 PM
MEMORANDUM OPINION AND ORDER denying43 Plaintiffs' Motion for Correction or Modification of the Record to Include a State Court Pleading. Signed by Magistrate Judge Stephanie K. Bowman on 2/6/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Thursday, December 05, 2019 | ||
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pgs
motion
Miscellaneous Relief
Thu 12/05 2:37 PM
MOTION for Correction or Modification of the Record by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (cb) |
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| Wednesday, November 13, 2019 | ||
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pgs
order
Order on Motion for Leave to Appeal In Forma Pauperis
Wed 11/13 9:47 AM
ORDER granting39 40 Plaintiffs' Motions for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 11/13/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Tuesday, October 22, 2019 | ||
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appeal
USCA Case Number
Thu 10/24 8:45 AM
USCA Case Number 19-4029 for38 Notice of Appeal filed by Gwendolyn Gail Harris & Franklin David Jr Harris; case manager Karen S. Fultz, 513-564-7036. (er) |
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| Friday, October 18, 2019 | ||
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pgs
motion
Appeal In Forma Pauperis
Fri 10/18 2:35 PM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Gwendolyn Gail Harris. (bjc) |
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Att: 1
Envelope
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motion
Appeal In Forma Pauperis
Fri 10/18 2:34 PM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Franklin David Jr Harris. (bjc) |
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Att: 1
Envelope
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appeal
Notice of Appeal
Fri 10/18 2:19 PM
NOTICE OF APPEAL re37 Clerk's Judgment,36 Order on Motion for Default Judgment,, Order on Motion for Miscellaneous Relief,, Order on Motion for Permanent Injunction,, Order on Report and Recommendations, (FILING FEE DUE) by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) (bjc). |
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Att: 1
(10/18/2019) Envelope
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| Thursday, September 19, 2019 | ||
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1
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order
Judgment - Clerk
Thu 09/19 1:30 PM
CLERK'S JUDGMENT filed concurrently with36 Order signed by Judge Michael R. Barrett on 9/18/19. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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pgs
order
Order on Motion for Default Judgment Order on Motion for Miscellaneous Relief Order on Motion for Permanent Injunction Order on Report and Recommendations
Thu 09/19 1:29 PM
ORDER adopting Report and Recommendation dismissing this matter for failure to state and federal claim and for lack of federal jurisdiction. Signed by Judge Michael R. Barrett on 9/18/19. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Tuesday, September 17, 2019 | ||
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notice
Notice (Other)
Wed 09/18 12:13 PM
JUDICIAL NOTICE That We Harris Have Received a Discharge in Their Chapter 13 Bankruptcy Case 1:15-bk-12647 by Appellants Franklin D Harris, Jr, Gwendolyn G Harris. (cb) |
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| Thursday, April 25, 2019 | ||
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respoth
Objection to Report and Recommendations
Thu 04/25 2:37 PM
OBJECTION to33 Report and Recommendations by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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Att: 1
Exhibits
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| Thursday, April 11, 2019 | ||
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pgs
motion
Report and Recommendations
Thu 04/11 8:59 AM
REPORT AND RECOMMENDATIONS re32 Plaintiffs' Motion for Default Judgment and for Permanent Injunction. IT IS RECOMMENDED THAT Plaintiffs' motion for entry of default judgment and for other relief including a permanent injunction32 be DENIED and that this case be DISMISSED in its entirety for failure to state any federal claim and for lack of federal jurisdiction. Objections to R&R due by 4/25/2019. Signed by Magistrate Judge Stephanie K. Bowman on 4/11/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Monday, January 28, 2019 | ||
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pgs
motion
Default Judgment (Motion for) Miscellaneous Relief Permanent Injunction
Mon 01/28 3:43 PM
MOTION FOR A COURT ORDER DEFAULT JUDGMENTS AGAINST DEFENDANT(S) DANIEL COOLEYKAYLAY COOLEY & CHRISSY LOWDWICK SPRAUGE PURSUANT TO FED. R. CIV. P 55(b)(2)BY THE US DISTRICT COURT; PLAINTIFFS MOTION FOR DAMAGES, CIVIL PENALTIES, PERMANENT INJUNCTION, REQUESTED IN THE AMENDED COMPLAINT CASE LAW IN SUPPORT OF DEFAULT JUDGMENT by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (eh) (eh) |
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Att: 1
22 pgs
PLAINTIFF FRANKLIN DAVID HARRIS JR AND GWENDOLYN GAIL HARRIS JOINT SWORN NOTARIZED DECLARATIONS AFFIDAVITS.
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Att: 2
(1/28/2019) Envelope
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| Monday, January 07, 2019 | ||
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order
Clerks Entry of Default
Mon 01/07 9:07 AM
Clerk's ENTRY OF DEFAULT as to Defendant Chrissy Lodwick Spraughe. (km) |
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| Friday, January 04, 2019 | ||
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notice
Application to Enter Default
Fri 01/04 3:22 PM
Application to Clerk for entry of default against Chrissy Lodwick Sprauge. (bjc) |
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| Friday, October 26, 2018 | ||
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pgs
order
Clerks Entry of Default
Fri 10/26 3:06 PM
Clerk's ENTRY OF DEFAULT as to Defendant Kaylay Cooley (jlw) |
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pgs
order
Clerks Entry of Default
Fri 10/26 3:06 PM
Clerk's ENTRY OF DEFAULT as to Defendant Daniel Cooley (jlw) |
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pgs
order
Order Adopting Report and Recommendations
Fri 10/26 1:50 PM
ORDER ADOPTING21 REPORT AND RECOMMENDATIONS Accordingly, it is ORDERED that the Report and Recommendation of the MagistrateJudge is hereby ADOPTED. Plaintiffs Motion for Entry of Default (Doc. 21) is GRANTED IN PART. The Clerk shall enter default against Defendants Daniel Cooley and Kaylay Cooley. The Motion (Doc. 21) is DENIED without prejudice to review as to Defendant Spraughe consistent with the recommendation by the Magistrate Judge. Plaintiffs Motion for Entry of Default (Doc. 23) is DENIED AS MOOT. Signed by Judge Michael R. Barrett on 10/26/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Monday, September 24, 2018 | ||
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service
Summons Issued
Mon 09/24 11:47 AM
Summons Issued as to Chrissy Lodwick Spraughe for service by regular mail pursuant to Court Order25 . (km) |
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order
Order
Mon 09/24 11:44 AM
ORDER - IT IS ORDERED that the Clerk of Court shall serve a copy of the first amended complaint, Plaintiffs' Notice of Erracta, the summons, and this Order upon Defendant Chrissy Lodwick Spraughe by ordinary mail , with all costs of service to be advanced by the Court. The Clerk shall note the date of mailing on the docket sheet of this record as proof of mailing. Signed by Magistrate Judge Stephanie K. Bowman on 9/24/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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motion
Report and Recommendations
Mon 09/24 11:21 AM
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT Plaintiffs' first motion for entry of default21 be GRANTED IN PART, and that Entries of Default be filed against Defendants Daniel Cooley and Kaylay Cooley, but that the motion be DENIED without prejudice to renew as to Defendant Spraughe. IT IS FURTHER RECOMMENDED THAT Plaintiffs' second motion for entry of default23 be DENIED as moot. Objections to R&R due by 10/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 9/24/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Wednesday, June 20, 2018 | ||
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motion
Default Judgment (Motion for)
Wed 06/20 4:10 PM
Second MOTION for Default Judgment against Chrissy Sprauge, Daniel Cooley, and Kaylay Cooley by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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Att: 1
Envelope
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| Wednesday, June 06, 2018 | ||
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2
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order
Order on Objection to Magistrate Judge Order
Wed 06/06 1:24 PM
ORDER overruling9 Objection to Magistrate Judge Order. Signed by Judge Michael R. Barrett on 6/5/18. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, May 11, 2018 | ||
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motion
Default Judgment (Motion for)
Fri 05/11 3:21 PM
MOTION for Default Judgment against Chrissy Lodwick Sprauge, Daniel Cooley, Kaylay Cooley by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (jlw) |
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| Friday, December 22, 2017 | ||
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misc
Certificate of Clerk
Fri 12/22 10:42 AM
CERTIFICATE of Clerk: summonses, complaints, amended complaints, Notices of Erracta, and Orders have been sent via regular mail by the Clerk of the United States District Court for the Southern District of Ohio on December 22, 2017 (bjc) |
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Att: 1
1 pgs
Envelope,
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Att: 2
1 pgs
Envelope
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pgs
service
Summons Issued
Fri 12/22 10:25 AM
Summons Issued as to Daniel Cooley, Kaylay Cooley. (bjc) |
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5
pgs
order
Order on Motion for Miscellaneous Relief
Fri 12/22 9:28 AM
OPINION AND ORDER: IT IS ORDERED THAT: 1. Plaintiffs most recent motion seeking service upon the Cooley Defendants (Doc. 17) is GRANTED in part, as described in paragraph 3 of this Order; 2. Plaintiffs earlier motions for the date that the U.S. Marshal executed service (Docs. 13, 16) are DENIED AS MOOT; 3. The Clerk of Court shall serve a copy of the complaint, the first amended complaint, Plaintiffs Notice of Erracta, the summons, and this Order upon the Defendants by ordinary mail, with all costs of service to be advanced by the Court. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/2017. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, December 08, 2017 | ||
| 17 | 17
motion
Miscellaneous Relief
Fri 12/08 2:40 PM
MOTION for a court order ordering the U.S. Marshal Service to serve the summons and complaints upon the defendants Daniel Cooley and Kaylay Cooley by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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Att: 1
Letter
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| Monday, November 20, 2017 | ||
| 16 | 16
motion
Miscellaneous Relief
Tue 11/21 8:16 AM
MOTION for the date the U.S. Marshal served the summons and complaints upon the defendants by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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| Friday, November 17, 2017 | ||
| 15 | 15
service
Summons Returned Unexecuted
Fri 11/17 8:30 AM
Summons Returned Unexecuted as to Kaylay Cooley. (bjc) |
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Att: 1
Envelope
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| 14 | 14
service
Summons Returned Unexecuted
Fri 11/17 8:28 AM
Summons Returned Unexecuted as to Daniel Cooley. (bjc) |
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Att: 1
Envelope
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| Thursday, November 16, 2017 | ||
| 13 | 13
motion
Miscellaneous Relief
Thu 11/16 2:35 PM
MOTION for the Date The U.S. Marshal Served The Summons and Complaints Upon the Defendants by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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Att: 1
Letter
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| Tuesday, October 10, 2017 | ||
| 12 | 12
notice
Notice (Other)
Wed 10/11 9:10 AM
NOTICE of Erracta by Plaintiffs Franklin David Jr Harris, Gwendolyn Gail Harris re10 Amended Complaint (bjc) |
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| Friday, October 06, 2017 | ||
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2
pgs
service
Summons Returned Executed
Fri 10/06 11:22 AM
SUMMONS Returned Executed as to Defendant Chrissy Lodwick Spraughe. Chrissy Lodwick Spraughe served on 9/29/2017, answer due 10/20/2017. (bjc) |
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| Wednesday, September 27, 2017 | ||
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23
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cmp
Amended Complaint
Thu 09/28 8:17 AM
AMENDED COMPLAINT against Daniel Cooley, Kaylay Cooley, Chrissy Lodwick Spraughe, filed by Franklin David Jr Harris, Gwendolyn Gail Harris. (bjc) |
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Att: 1
43 pgs
Exhibits 1-3
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29
pgs
motion
Objection to Magistrate Judge Order
Wed 09/27 4:29 PM
Objection to Magistrate Judge Orderre7 Order, by Plaintiff Franklin David Jr Harris. (bjc) |
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| Wednesday, September 13, 2017 | ||
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service
Summons Issued
Wed 09/13 9:01 AM
Summons Issued as to Daniel Cooley, Kaylay Cooley, Chrissy Lodwick Spraughe. Sent to the U.S. Marshal for service with USM 285 forms and copies of the complaint and Opinion and Order. (bjc) |
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10
pgs
order
Order
Wed 09/13 8:52 AM
OPINION AND ORDER signed by Magistrate Judge Stephanie K. Bowman on 09/13/2017. IT IS ORDERED THAT: The Clerk of Court shall transmit the summons forms to the United States Marshal, who shall serve a copy of the complaint, the summons, and this Order upon the Defendants as directed by Plaintiff. A copy of this Order shall be served on nonparty Margaret A. Burks, Esq., Chapter 13 Trustee, with additional courtesy copies to be transmitted to the Clerk of the Bankruptcy Court, and to the Scioto County Clerk of Court. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. A copy of this order also sent this date to the Clerk, U.S. Bankruptcy Court and the Scioto County Clerk of Courts. Counsel for the trustee served this date via ECF.) Modified Docket Text on 9/13/2017 (bjc) |
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| Wednesday, September 06, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Wed 09/06 11:36 AM
NOTICE of Appearance by Francis Jonathan DiCesare for Trustee in Bankruptcy Margaret A Burks (DiCesare, Francis) |
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| Tuesday, September 05, 2017 | ||
| 5 | 5
notice
Notice (Other)
Tue 09/05 4:23 PM
NOTICE by Trustee in Bankruptcy Margaret A Burks re3 Order on Motion for Leave to Proceed in forma pauperis,,,,,,,,, TRUSTEE'S REPORT REQUESTED BY THE COURT (DiCesare, Francis) |
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Att: 1
Exhibit Banrkruptcy Plan,
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Att: 2
Exhibit Bankruptcy Confirmation Order
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| Monday, August 28, 2017 | ||
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cmp
Complaint
Mon 08/28 3:34 PM
COMPLAINT against Daniel Cooley, Kaylay Cooley, Chrissy Lodwick Spraughe, filed by Franklin David Jr Harris, Gwendolyn Gail Harris. (km) |
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Att: 1
26 pgs
Exhibits A-B to Complaint,
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Att: 2
50 pgs
Exhibits 1-41 to Complaint,
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Att: 3
Civil Cover Sheet
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| 3 | 3
5
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 08/28 3:27 PM
OPINION AND ORDER granting1 2 Plaintiffs' Motions for Leave to Proceed in forma pauperis. A copy of this Order shall be served on non-party Margaret A. Burks, Esq., Chapter 13 Trustee, with an additional courtesy copy to be transmitted to the Clerk of the Bankruptcy Court, for consideration in connection with U.S. Bankruptcy Case No. 15-12647 Although the Bankruptcy Trustee is not presently a party to this case, the Court requests that the Trustee file a status report with this Court concerning her interest, on or before 9/14/2017 . No service of the complaint on the Defendants shall occur at this time, pending review of the Trustee's status report and a complete screening of the merits of the complaint under 28 U.S.C. § 1915(e). Plaintiffs shall inform the Court promptly of any changes in Plaintiffs' address which may occur during the pendency of this lawsuit. Signed by Magistrate Judge Stephanie K. Bowman on 8/28/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Wednesday, August 16, 2017 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Wed 08/16 3:31 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Gwendolyn Gail Harris. (bjc) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Wed 08/16 3:31 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Franklin David Jr Harris. (bjc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Complaint,
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Att: 3
26 pgs
Exhibits A and B,
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Att: 4
50 pgs
Exhibits 1-41
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