Calhoun v. Louisville Metro Government et al
| Kentucky Western District Court | |
| Judge: | Benjamin Beaton |
| Referred: | Regina S Edwards |
| Case #: | 3:20-cv-00857 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1442 Petition for Removal |
| Case Filed: | Dec 23, 2020 |
| Terminated: | Aug 16, 2022 |
| Last checked: Monday Jun 21, 2021 6:06 AM EDT |
|
Defendant
Kentucky Commission on Human Rights
|
Represented By
|
|
Defendant
Louisville Legal Aid Society
|
Represented By
|
|
Defendant
Louisville Metro Authority
|
Represented By
|
|
Defendant
Louisville Metro Government
|
Represented By
|
|
Defendant
United States Department of Housing and Urban Development
|
Represented By
|
|
Plaintiff
Cecil Calhoun
7703 Royalty Ave., Apt B
Louisville, KY 40222 |
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Wednesday, August 17, 2022 | ||
| 42 | 42
order
Judgment
Wed 08/17 10:00 AM
JUDGMENT: Consistent with the Court's order (DN 41 ), the Court enters final judgment in favor of the Defendants and dismisses the case with prejudice. cc: counsel (JM) |
|
| Tuesday, August 16, 2022 | ||
| 41 | 41
minutes
~Util - Terminate Case Order - TEXT ONLY
Tue 08/16 3:46 PM
TEXT ORDER: The Court grants the motion to dismiss this case for failure to prosecute (DN39 ) under Federal Rule of Civil Procedure 41(b). The Plaintiff did not respond to the motion or to the Court's subsequent order to file a response to the motion or a status report (DN 40 ). In fact, the Plaintiff has not taken any action in this case for nearly a year. See DN37 . Further, it's unclear whether the Plaintiff served the Complaint on the only remaining defendant as required by Rules 4(c) and 4(l). The Plaintiff's repeated failure to prosecute this case constitutes willfulness, so the Court dismisses the complaint. A final judgment will follow. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM) |
|
| Tuesday, July 26, 2022 | ||
|
order
Order - TEXT ONLY
Tue 07/26 4:50 PM
TEXT ORDER: In light of Legal Aid Society's Motion to Dismiss for lack of prosecution (DN39 ), the Court orders Louisville Metro and Calhoun to either respond to the motion or else file a status report regarding this litigation by 8/16/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM) |
||
| Thursday, June 23, 2022 | ||
| 39 | 39
motion
Dismiss
Thu 06/23 12:40 PM
MOTION to Dismiss by Defendant Louisville Legal Aid Society (Fenzel, Mark) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B,
|
||
|
Att: 3
Proposed Order
|
||
| Thursday, October 07, 2021 | ||
| 38 | 38
appeal
USCA Order
Tue 10/12 10:30 AM
ORDER of USCA 6th Circuit as to33 Notice of Interlocutory Appeal filed by Cecil Calhoun: It is ordered that this appeal is DISMISSED for lack of appellate jurisdiction. David W. McKeague, Circuit Judge; Raymond M. Kethledge, Circuit Judge and Chad A. Readler, Circuit Judge. NO MANDATE TO ISSUE. (SMJ) |
|
|
Att: 1
cover letter
|
||
| Tuesday, September 07, 2021 | ||
| 37 | 37
notice
Notice (Other)
Tue 09/07 4:25 PM
NOTICE of filing by Cecil Calhoun (JM) |
|
|
misc
Filing Fee Received
Tue 09/07 4:24 PM
Filing fee: $ 505.00, receipt number L33067817 (Ferguson, Kim) |
||
| Friday, September 03, 2021 | ||
| 36 | 36
notice
Notice (Other)
Tue 09/07 4:23 PM
NOTICE of filing by Cecil Calhoun (JM) |
|
| 35 | 35
appeal
USCA Case Number
Fri 09/03 12:51 PM
USCA Case Number 21-5839 for33 Notice of Interlocutory Appeal filed by Cecil Calhoun. (DLW) |
|
| Thursday, September 02, 2021 | ||
| 34 | 34
notice
Deficiency
Thu 09/02 11:39 AM
NOTICE of Deficiency re33 Notice of Interlocutory Appeal. filing fee not paid/IFP motion not filed. Failure to comply will be brought to the attention of the Court. Response due by 10/4/2021. (JM) |
|
| Wednesday, September 01, 2021 | ||
| 32 | 32
order
Order on Findings of Fact Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
Wed 09/01 8:27 AM
Text Order: Magistrate Judge Edwards issued a report (DN31 ) recommending that the Court grant motions to dismiss filed by three Defendants in this case--the Kentucky Commission on Human Rights (DN8 ), U.S. Department of Housing and Urban Development (DN11 ), and Legal Aid Society (DN12 ). No party has objected to the recommendation, nor did the Plaintiff previously respond to the underlying motions. The Court therefore adopts Magistrate Judge Edwards' Report and Recommendation (DN31 ) as the opinion of the Court. See 28 U.S.C. § 636(b)(1)(C) (the court reviews de novo "those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection is made") (emphasis added). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) |
|
| Friday, July 30, 2021 | ||
| 31 | 31
motion
Findings of Fact
Fri 07/30 10:32 AM
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION by Magistrate Judge Regina S. Edwards on 7/29/2021. It is RECOMMENDED that Defendant Kentucky Commission on Human Rights', Defendant United States Department of Housing and Urban Development's, and Defendant Legal Aid Society, Inc.'s Motions to Dismiss (DN8 ,11 ,12 ) be GRANTED. Objections to Findings of Fact due by 8/13/2021. cc: counsel (JM) |
|
| Friday, June 04, 2021 | ||
| 30 | 30
notice
Notice (Other)
Fri 06/04 1:45 PM
NOTICE OF SUBSTITUTION OF COUNSEL by Louisville Legal Aid Society (Fenzel, Mark) |
|
| 29 | 29
4
pgs
order
Order on Motion for Extension of Time to Answer Order on Motion for Hearing
Fri 06/04 11:20 AM
ORDER Signed by Magistrate Judge Regina S. Edwards on 6/4/2021. Defendant HUDs Motion for Extension of Time to File Answer to Amended Complaint6 is DENIED as moot. Calhoun's Motion for Hearing10 is DENIED. cc: Counsel, Cecil Calhoun (as directed.)(JM) |
|
| Tuesday, May 11, 2021 | ||
|
utility
Docket Correction
Tue 05/11 10:31 AM
NOTICE OF DOCKET CORRECTION re28 Notice (Other); Error:Incorrect filers selected; Correction:Filer corrected to HUD; text modified by Clerk. (MLG) |
||
| Monday, May 10, 2021 | ||
| 28 | 28
notice
Notice (Other)
Mon 05/10 11:15 AM
NOTICE of Return of Mail by Kentucky Commission on Human Rights, Louisville Legal Aid Society, Louisville Metro Authority, Louisville Metro Government, United States Department of Housing and Urban Development re9 Letter (Ekman, Michael) |
|
|
Att: 1
Returned mail
|
||
| Monday, April 19, 2021 | ||
| 27 | 27
misc
Mail Returned
Mon 04/19 3:01 PM
Mail Returned as Undeliverable re26 . Mail sent to Cecil Calhoun (JM) |
|
| Friday, March 19, 2021 | ||
| 26 | 26
1
pgs
order
Order on Motion for Leave to
Fri 03/19 1:38 PM
ORDER by Judge Benjamin Beaton on March 19, 2021. The Court DENIES Plaintiffs' motion for remand [DN19 ] as untimely under 28 U.S.C. 1447(c). cc: Counsel, Plaintiff (pro se) (JM) |
|
| Monday, March 15, 2021 | ||
| 25 | 25
respm
Response
Mon 03/15 10:25 AM
RESPONSE to re19 Notice (Other) filed by United States Department of Housing and Urban Development. (Ekman, Michael) |
|
|
Att: 1
Exhibit A Kentucky Commission on Human Rights Motion,
|
||
|
Att: 2
Proposed Order
|
||
| Friday, March 12, 2021 | ||
| 24 | 24
order
Order Referring Motion - TEXT ONLY
Fri 03/12 8:35 AM
TEXT ORDER: The Court refers Defendant Kentucky Commission on Human Rights Motion to Dismiss DN8 , Defendant United States Department of Housing and Urban Development's Motion to Dismiss DN11 ), and Defendant Louisville Legal Aid Society's Motion to Dismiss DN12 to Magistrate Judge Edwards under 28 U.S.C. § 636(b)(1)(B) for consideration and preparation of a Report and Recommendation. Magistrate Judge Edwards is authorized to conduct any hearings necessary for resolution. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, RSE (JM) |
|
| Tuesday, March 09, 2021 | ||
| 23 | 23
notice
Notice (Other)
Tue 03/09 12:57 PM
NOTICE OF FILING various receipts by Cecil Calhoun (JM) |
|
| Monday, March 08, 2021 | ||
| 22 | 22
notice
Notice (Other)
Tue 03/09 12:54 PM
NOTICE OF FILING various receipts by Cecil Calhoun (JM) |
|
| Friday, March 05, 2021 | ||
| 21 | 21
notice
Notice of Change of Address
Fri 03/05 6:17 PM
NOTICE of Change of Address by Cecil Calhoun (JM) |
|
| Wednesday, March 03, 2021 | ||
| 20 | 20
notice
Notice (Other)
Wed 03/03 5:09 PM
NOTICE OF FILING receipts by Cecil Calhoun (JM) |
|
| Tuesday, March 02, 2021 | ||
| 19 | 19
notice
Notice (Other)
Wed 03/03 2:24 PM
NOTICE OF FILING Certified Mailings by Cecil Calhoun (JM) |
|
| Monday, February 22, 2021 | ||
| 18 | 18
notice
Notice (Other)
Mon 02/22 5:30 PM
NOTICE OF FILING RECEIPTS by Cecil Calhoun (JM) |
|
| Wednesday, February 10, 2021 | ||
| 17 | 17
notice
Notice (Other)
Wed 02/10 1:38 PM
NOTICE OF FILING by Cecil Calhoun (JM) |
|
| Wednesday, February 03, 2021 | ||
| 16 | 16
notice
Notice (Other)
Wed 02/03 11:39 AM
NOTICE OF TENDERED SUBPOENA by Cecil Calhoun (JM) |
|
| Monday, February 01, 2021 | ||
| 15 | 15
notice
Notice (Other)
Mon 02/01 1:41 PM
NOTICE OF FILING various letters/docs by Cecil Calhoun (JM) |
|
|
Att: 1
Copy of letter to the Kentucky Commission of Human Rights,
|
||
|
Att: 2
Copy of letter to Stuart Pope, Legal Aid Attorney,
|
||
|
Att: 3
Exhibit,
|
||
|
Att: 4
Exhibit
|
||
| Friday, January 29, 2021 | ||
| 14 | 14
notice
Notice (Other)
Mon 02/01 1:36 PM
NOTICE of Filing by Cecil Calhoun (JM) |
|
| Thursday, January 28, 2021 | ||
| 13 | 13
misc
Letter
Thu 01/28 3:24 PM
Letter from Plaintiff Cecil Calhoun. (JM) |
|
| Wednesday, January 27, 2021 | ||
| 12 | 12
motion
Dismiss
Wed 01/27 12:22 PM
MOTION to Dismiss by Defendant Louisville Legal Aid Society (Evans, Nicholas) |
|
|
Att: 1
Memorandum in Support,
|
||
|
Att: 2
Exhibit A - Affidavit,
|
||
|
Att: 3
Exhibit B - Time Entries,
|
||
|
Att: 4
Proposed Order
|
||
|
order
Order Referring Case to Magistrate Judge
Wed 01/27 4:17 PM
TEXT ORDER by Judge Benjamin Beaton on 1/27/2021. Under 28 U.S.C. § 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Regina S. Edwards for hearing and determining all pretrial matters, including non-dispositive motions. Judge Edwards may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD) |
||
| Tuesday, January 26, 2021 | ||
| 11 | 11
motion
Dismiss Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Tue 01/26 9:05 AM
MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Department of Housing and Urban Development (Ekman, Michael) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, January 21, 2021 | ||
| 10 | 10
motion
Hearing
Fri 01/22 8:04 AM
MOTION for Hearing by Plaintiff Cecil Calhoun (JM) |
|
| 9 | 9
misc
Letter
Fri 01/22 8:04 AM
Letter from Plaintiff Cecil Calhoun. (JM) |
|
| 8 | 8
motion
Dismiss for Failure to State a Claim
Thu 01/21 2:21 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kentucky Commission on Human Rights (Sells, Colt) |
|
|
Att: 1
Memorandum in Support Memorandum in Support of Motion to Dismiss for Failure to State a Claim,
|
||
|
Att: 2
Exhibit Exhibit 1-State Court Motion to Dismiss,
|
||
|
Att: 3
Exhibit Exhibit 2-State Court Memorandum in Support of Motion to Dismiss,
|
||
|
Att: 4
Proposed Order Proposed Order of Dismissal with Prejudice
|
||
| 6 | 6
motion
Extension of Time to File Answer
Thu 01/21 10:17 AM
MOTION for Extension of Time to File Answer to Amended Complaint by Defendant United States Department of Housing and Urban Development (Ekman, Michael) |
|
|
Att: 1
Proposed Order
|
||
| Wednesday, January 20, 2021 | ||
| 7 | 7
notice
Notice (Other)
Thu 01/21 12:12 PM
NOTICE of Filing Exhibits, by plaintiff Cecil Calhoun. (SMJ) |
|
|
Att: 1
Part 2 of 3,
|
||
|
Att: 2
Part 3 of 3
|
||
| 5 | 5
1
pgs
order
Order Reassigning Case
Wed 01/20 2:54 PM
ORDER signed by Judge Rebecca Grady Jennings on 1/20/2021. District Judge Rebecca Grady Jennings RECUSES from this matter and the action is reassigned to the docket of District Judge Benjamin J. Beaton, United States District Court Judge, for all further proceedings. Counsel are requested to change the Civil action number to reflect the initials BJB on all further pleadings. cc: Counsel, BB-CM (SMJ) |
|
| 4 | 4
misc
Mail Returned
Wed 01/20 2:44 PM
Mail Returned as Undeliverable re1 /2 /3 . Mail sent to Cecil Calhoun. (SMJ) |
|
| Monday, December 28, 2020 | ||
| 3 | 3
notice
Notice (Other)
Mon 12/28 11:40 AM
CLERK'S NOTICE re1 Notice of Removal.cc: counsel of record, Jefferson Circuit Court Clerk (SRH) |
|
| Wednesday, December 23, 2020 | ||
| 2 | 2
utility
Case Assignment
Mon 12/28 11:38 AM
Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (SRH) |
|
| 1 | 1
cmp
Notice of Removal
Mon 12/28 11:37 AM
NOTICE OF REMOVAL by United States Department of Housing and Urban Development from Jefferson Circuit Court, case number 20-CI-04496. (SRH) |
|
|
Att: 1
Exhibit 1- Amended Complaint,
|
||
|
Att: 2
Cover Sheet
|
||