FLINK v. WEST et al
| Florida Northern District Court | |
| Judge: | T Kent Wetherell II |
| Referred: | Hope T Cannon |
| Case #: | 3:22-cv-08087 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jun 14, 2022 |
| Last checked: Sunday Dec 11, 2022 4:41 AM EST |
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Defendant
PRESTON R WEST
OFFICER FWB POLICE DEPARTMENT 7 Hollywood Blvd. NE
Fort Walton Beach, FL 32548 |
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Defendant
MARK WOHLIN
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Represented By
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Plaintiff
JACOB FLINK
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Represented By
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| TERMINATED PARTIES | |
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Defendant
CITY OF FORT WALTON BEACH POLICE DEPARTMENT
Terminated: 10/24/2022
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Represented By
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Defendant
ROBERT BAGE
Terminated: 11/09/2022
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Represented By
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| Docket last updated: 10 hours ago |
| Thursday, January 19, 2023 | ||
| 40 | 40
answer
Answer to Amended Complaint
Thu 01/19 4:12 PM
ANSWER to24 Amended Complaint by PRESTON R WEST. (WARNER, TIMOTHY) |
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| 39 | 39
notice
Notice of Appearance
Thu 01/19 4:08 PM
NOTICE of Appearance by TIMOTHY M WARNER on behalf of PRESTON R WEST (WARNER, TIMOTHY) |
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| Friday, January 06, 2023 | ||
| 38 | 38
service
Summons Returned Executed
Fri 01/06 7:35 AM
SUMMONS Returned Executed by JACOB FLINK. PRESTON R WEST served on 1/3/2023, answer due 1/24/2023. (KLOTZ, CHRISTOPHER) |
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| Wednesday, December 07, 2022 | ||
| 37 | 37
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 12/07 9:42 AM
ORDER GRANTING EXTENSION OF TIME, re 36 Amended MOTION to Extend Time to Serve Deft West. Plaintiff shall have until January 10, 2023, to serve Defendant West or to show cause why the claims against that defendant should not be dismissed for lack of service under Fed. R. Civ. P. 4(m). (Deadline to serve defendant or show cause due by 1/10/2023 .) Signed by JUDGE T KENT WETHERELL II on 12/7/2022. (alb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 12/07 9:04 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:36 Amended MOTION to Extend Time as to Def_Wohlin's Position to Serve Def_West. (alb) |
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| Tuesday, December 06, 2022 | ||
| 36 | 36
motion
Extend Time
Tue 12/06 11:41 AM
Amended MOTION to Extend Time as to Def_Wohlin's Position to Serve Def_West by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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| 35 | 35
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 12/06 10:03 AM
ORDER SHORTENING RESPONSE PERIOD re 34 Second MOTION to Extend Time to Serve Amended Complaint. Defendant Wohlin shall have 7 days from the date of this Order to respond to Plaintiff's second motion to extend time for service of Defendant West. The deadline for serving Defendant West is tolled pending disposition of the motion. (Internal deadline for referral to judge if response not filed earlier: 12/13/2022) . Signed by JUDGE T KENT WETHERELL II on 12/6/2022. (alb) |
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| Monday, December 05, 2022 | ||
| 34 | 34
motion
Extend Time
Mon 12/05 2:51 PM
Second MOTION to Extend Time to Serve Amended Complaint by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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Att: 1
Exhibit Email Report,
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Att: 2
Exhibit Email Report
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| Monday, November 21, 2022 | ||
| 33 | 33
answer
Answer to Amended Complaint
Mon 11/21 2:14 PM
Defendant Corporal Mark T. Wohlin's ANSWER to24 Amended Complaint by MARK WOHLIN. (GRAHAM, WILLIAM) |
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| Thursday, November 17, 2022 | ||
| 32 | 32
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 11/17 10:53 AM
ORDER GRANTING EXTENSION OF TIME. Plaintiff's 31 motion is GRANTED, and he shall have until December 6, 2022, to serve Defendant West or to show cause why the claims against that defendant should not be dismissed for lack of service under Fed. R. Civ. P. 4(m). (Deadline to serve defendant West- 12/6/2022 .) Signed by JUDGE T KENT WETHERELL II on 11/17/2022. (alb) |
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| Wednesday, November 16, 2022 | ||
| 31 | 31
motion
Extend Time
Wed 11/16 11:15 AM
First MOTION to Extend Time to Serve Defendant West by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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utility
Set Deadlines/Hearings
Thu 11/17 8:11 AM
Set Deadlines/Hearings re31 Motion for Enlargement of Time. (Internal deadline for referral to judge if response not filed earlier: 11/30/2022) . (alb) |
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| Monday, October 24, 2022 | ||
| 30 | 30
18
pgs
order
Order ~Util - Set Deadlines/Hearings
Mon 10/24 4:12 PM
ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR DEFINITE STATEMENT. Corporal Wohlin's motion for a more definite statement (Doc. 26 ) is DENIED. Chief Bage's motion to dismiss (Doc. 25 ) is GRANTED insofar as: the phrase "and/or official capacity" in paragraphs 7 and 8 of the amended complaint is STRICKEN; the claim against the FWBPD in Count 10 of the amended complaint is DISMISSED as redundant, and the Clerk shall terminate the Fort Walton Beach Police Department as a defendant in CM/ECF; and the Monell claim against Chief Bage in Count 10 of the amended complaint is DISMISSED without prejudice. Plaintiff shall have 14 days from the date of this Order to file a second amended complaint re-pleading the Monell claim against Chief Bage. Corporal Wohlin and Chief Bage shall answer or otherwise respond to the second amended complaint within 14 days after it is filed. If Plaintiff does not file a second amended complaint, the Clerk shall terminate Chief Bage as a defendant in CM/ECF, and Corporal Wohlin shall have 14 days from the filing deadline for the second amended complaint to answer the amended complaint. ( Amended Pleadings due by 11/7/2022 .) Signed by JUDGE T KENT WETHERELL II on 10/24/2022. (alb) |
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utility
Set Deadlines/Hearings
Tue 10/25 9:38 AM
Set Deadlines/Hearings30 Order. Answer due by 11/21/2022 . (alb) |
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| Wednesday, October 19, 2022 | ||
| 29 | 29
service
Summons Reissued
Wed 10/19 11:14 AM
Summons Reissued as to PRESTON R WEST. (alb) |
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| 28 | 28
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Wed 10/19 10:48 AM
NOTICE Request for Summons-West by JACOB FLINK (KLOTZ, CHRISTOPHER) |
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| Tuesday, October 04, 2022 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 10/04 8:18 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:27 Response to26 Motion for More Definite Statement. (alb) |
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| Monday, October 03, 2022 | ||
| 27 | 27
respm
Response to Motion
Mon 10/03 2:56 PM
RESPONSE to Motion re26 MOTION for More Definite Statement as to Plaintiff's Amended Complaint filed by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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| Wednesday, September 21, 2022 | ||
| 26 | 26
motion
More Definite Statement
Wed 09/21 4:02 PM
MOTION for More Definite Statement as to Plaintiff's Amended Complaint by MARK WOHLIN. (Internal deadline for referral to judge if response not filed earlier: 10/5/2022) . (GRAHAM, WILLIAM) |
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| 25 | 25
motion
Dismiss for Failure to State a Claim
Wed 09/21 1:41 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ROBERT BAGE. (PLATT RADY, KAYLA) |
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utility
Set Deadlines/Hearings
Wed 09/21 3:08 PM
Set Deadlines/Hearings re25 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 10/5/2022) . (alb) |
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utility
Set Deadlines/Hearings
Thu 09/22 7:27 AM
Set Deadlines/Hearings re26 Motion for More Definite Statement as to Plaintiff's Amended Complaint. (Internal deadline for referral to judge if response not filed earlier: 10/5 /2022) . (alb) |
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| Wednesday, September 07, 2022 | ||
| 24 | 24
cmp
Amended Complaint
Wed 09/07 4:21 PM
FIRST AMENDED COMPLAINT against ROBERT BAGE, CITY OF FORT WALTON BEACH POLICE DEPARTMENT, PRESTON R WEST, MARK WOHLIN, filed by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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| Wednesday, August 17, 2022 | ||
| 23 | 23
3
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 08/17 11:11 AM
ORDER. Plaintiff's response (Doc. 18 ) to Defendant Bage's motion to dismiss is treated as a motion for leave to file an amended complaint and is GRANTED. Plaintiff shall have 21 days from the date of this Order to file an amended complaint. Defendant Bage's motion to dismiss (Doc. 15 ) is DENIED as moot. Defendants Wohlin and Bage shall answer or otherwise respond to the amended complaint within 14 days after it is filed. The other defendant shall answer or otherwise respond to the amended complaint within the time provided in Fed. R. Civ. P. 12(a)(1). Defendant Wohlin's motion for extension of time (Doc. 21 ) is DENIED as moot. ( Amended Pleadings due by 9/7/2022 . Answer due by 9/21/2022 .) Signed by JUDGE T KENT WETHERELL II on 08/17/2022. (alb) |
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| 22 | 22
notice
AO 120 Patent and Trademark Case Notification
Wed 08/17 10:00 AM
Please disregard, filed in the wrong case. AO 120 Patent and Trademark New Case Notification. Copy sent electronically to the Director of the U.S. Patent and Trademark Office. (alb) Modified on 8/17/2022 (alb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 08/17 8:46 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:21 Consent MOTION for Extension of Time to File Answer (Second). (alb) |
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| Tuesday, August 16, 2022 | ||
| 21 | 21
motion
Extension of Time to File Answer
Tue 08/16 3:59 PM
Consent MOTION for Extension of Time to File Answer (Second) by MARK WOHLIN. (GRAHAM, WILLIAM) |
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| 20 | 20
order
Scheduling Order Order Referring Case to Mediation
Tue 08/16 10:04 AM
SCHEDULING AND MEDIATION ORDER Re: 19 Report of Rule 26(f) Planning Meeting ( Discovery due by 7/24/2023 . Dispositive Motions to be filed by 8/14/2023 . Mediation to take place by 8/7/2023 . Mediation Report due by 8/14/2023 .) ORDER REFERRING CASE to Mediation. Signed by JUDGE T KENT WETHERELL II on 08/16/2022. (alb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 08/16 8:29 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:19 Report of Rule 26(f) Planning Meeting. (alb) |
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| Monday, August 15, 2022 | ||
| 19 | 19
misc
Report of Rule 26f Planning Meeting
Mon 08/15 2:55 PM
REPORT of Rule 26(f) Planning Meeting. (PLATT RADY, KAYLA) |
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| Friday, August 12, 2022 | ||
| 18 | 18
respm
Response to Motion
Fri 08/12 1:39 PM
RESPONSE to Motion re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Fri 08/12 2:33 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM,18 Response to Motion. (alb) |
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| Wednesday, August 10, 2022 | ||
| 17 | 17
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 08/10 9:47 AM
ORDER.Re: 16 Motion for Extension of Time. The motion is GRANTED, and Plaintiff shall have until August 12, 2022, to respond to Defendants motion to dismiss. (Internal deadline for referral to judge if response not filed earlier: 8/12/2022) . Signed by JUDGE T KENT WETHERELL II on 08/10/2022. (alb) |
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| Tuesday, August 09, 2022 | ||
| 16 | 16
motion
Extend Time
Tue 08/09 2:48 PM
First MOTION to Extend Time to Respond to Defendant Bage's Motion to Dismiss by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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| Friday, July 22, 2022 | ||
| 15 | 15
motion
Dismiss for Failure to State a Claim
Fri 07/22 12:58 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ROBERT BAGE, CITY OF FORT WALTON BEACH POLICE DEPARTMENT. (PLATT RADY, KAYLA) |
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utility
Set Deadlines/Hearings
Mon 07/25 9:29 AM
Set Deadlines/Hearings re15 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 8/5/2022) . (alb) |
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| Tuesday, July 19, 2022 | ||
| 14 | 14
order
Scheduling Order
Tue 07/19 3:16 PM
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 8/2/2022 . Rule 26 Meeting Report due by 9/1/2022 . Discovery due by 11/16/2022 . Signed by JUDGE T KENT WETHERELL II on 7/19/2022. (alb) |
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| 13 | 13
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 07/19 11:03 AM
ORDER GRANTING EXTENSION OF TIME. Defendant Bage shall have until July 22, 2022, to answer or otherwise respond to the complaint. Defendant Wohlin shall have until August 17, 2022, to answer or otherwise respond to the complaint. (Defendant Bage Answer due by 7/22/2022) . Defendant Wohlin Answer due by 8/17/2022 .) Signed by JUDGE T KENT WETHERELL II on 07/19/2022. (alb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 07/19 9:30 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re:11 Consent MOTION for Extension of Time to File Response as to1 Complaint,12 Consent MOTION for Extension of Time to File Response as to1 Complaint. (Please see proposed ISO.) (alb) |
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| Monday, July 18, 2022 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply
Mon 07/18 4:22 PM
Consent MOTION for Extension of Time to File Response/Reply as to1 Complaint by MARK WOHLIN. (GRAHAM, WILLIAM) |
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| 11 | 11
motion
Extension of Time to File Response/Reply
Mon 07/18 3:28 PM
Consent MOTION for Extension of Time to File Response/Reply as to1 Complaint by ROBERT BAGE, CITY OF FORT WALTON BEACH POLICE DEPARTMENT. (PLATT RADY, KAYLA) |
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| 10 | 10
notice
Notice of Appearance
Mon 07/18 7:46 AM
NOTICE of Appearance by WILLIAM B GRAHAM on behalf of MARK WOHLIN (GRAHAM, WILLIAM) |
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| Wednesday, July 06, 2022 | ||
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utility
Set/Reset Deadlines
Wed 07/06 8:21 AM
Set/Reset Deadlines: ROBERT BAGE answer due 7/18/2022; MARK WOHLIN answer due 7/18/2022. Re:1 Complaint. (alb) |
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| Tuesday, July 05, 2022 | ||
| 9 | 9
service
Summons Returned Executed
Tue 07/05 8:52 AM
SUMMONS Returned Executed by JACOB FLINK. ROBERT BAGE served on 6/17/2022, answer due 7/8/2022. (KLOTZ, CHRISTOPHER) |
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Att: 1
Affidavit Return of Service
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| 8 | 8
service
Summons Returned Executed
Tue 07/05 8:51 AM
SUMMONS Returned Executed by JACOB FLINK. MARK WOHLIN served on 6/17/2022, answer due 7/8/2022. (KLOTZ, CHRISTOPHER) |
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Att: 1
Affidavit Return of Service
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misc
Docket Annotation
Tue 07/05 8:34 AM
DOCKET ANNOTATION BY COURT: Re6 Acknowledgment of Service. The above-referenced documents were posted incorrectly. Please re-post the documents using the correct Event Selection, under "Initial Pleadings and Service" >> "Service of Process" >> "Summons Returned Executed". The system will prompt you for the defendant served, and the date of service, and will then set an answer deadline accordingly. If you have any questions, please contact the clerk's office. (alb) |
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| Friday, July 01, 2022 | ||
| 6 | 6
service
Acknowledgment of Service
Fri 07/01 10:08 AM
ACKNOWLEDGMENT OF SERVICE Executed as to4 Summons Issued Acknowledgment filed by JACOB FLINK. (KLOTZ, CHRISTOPHER) |
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Att: 1
Affidavit Return of Service,
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Att: 2
Affidavit Notice of Filing Return of Service,
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Att: 3
Affidavit Return of Service
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| Thursday, June 16, 2022 | ||
| 5 | 5
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Thu 06/16 8:54 AM
NOTICE Civil Cover Sheet by JACOB FLINK re1 Complaint (KLOTZ, CHRISTOPHER) |
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| 4 | 4
service
Summons Issued
Thu 06/16 8:11 AM
Summons Issued as to ROBERT BAGE, PRESTON R WEST, MARK WOHLIN. (alb) |
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Att: 1
West,
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Att: 2
Wohlin
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misc
Docket Annotation
Thu 06/16 7:53 AM
DOCKET ANNOTATION BY COURT: "A complete and executed Civil Cover Sheet, currently AO Form JS 44, shall be filed by counsel for the filing party in each civil case at the time of filing, unless for good cause shown an additional time for such filing is allowed." [See Local Rule 5.2]. Please file the civil cover sheet using the event selection: Other Filings >> Other Documents >> Civil Cover Sheet. (alb) |
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| Tuesday, June 14, 2022 | ||
| 2 | 2
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Tue 06/14 10:00 AM
NOTICE by Jacob Flink (KLOTZ, CHRISTOPHER) |
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Att: 1
Request for Summons to be Issued by Clerk,
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Att: 2
Request for Summons to be Issued by Clerk
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| 1 | 1
cmp
Complaint
Tue 06/14 9:42 AM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7187398.), filed by Jacob Flink. (KLOTZ, CHRISTOPHER) |
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