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06-884 - C&J Associates Pest Control et al v. Riley et al (MAG+)


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06-884 - C&J Associates Pest Control et al v. Riley et al (MAG+)
December 14, 2006
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ORDER granting 38 Motion for Reconsideration. Plaintiff is not required to secure the services of a licensed attorney. Signed by Judge Wallace Capel Jr. on 12/14/06. (sl, )
December 22, 2006
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ORDER granting 43 Motion for Leave to Amend by Substitution, Motion to Dismiss and Brief Supporting Motion to Dismiss. Signed by Judge Wallace Capel Jr. on 12/22/06. (sl, )
December 22, 2006
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ORDERED that this case is set for a scheduling conference on 1/29/2007 at 2:00 PM in Courtroom 5A, Montgomery, AL before Honorable Wallace Capel Jr. Parties are directed to file the Rule 26(f) report containing the discovery plan by 1/15/07. Signed by Judge Wallace Capel Jr. on 12/22/06. (sl, )
January 8, 2007
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ORDER denying 50 cross Motion to Compel, as further set out in order. Signed by Judge Wallace Capel Jr. on 1/8/07. (djy, )
January 26, 2007
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ORDER granting 37 Motion for Correction to add Troy King to the 35 Motion for Default Judgment. Plaintiff's 35 Motion for Default Judgment is denied in part with respect to defendant Alverson. It is further ordered that on or before 2/2/07, the remaining defendants, Kathy Sawyer, Courtney Tarver, June Lynn, Judy Cobb, and Ray Bressler, shall show cause why the court should not grant plaintiff's 35 Motion for Default. Signed by Judge Wallace Capel Jr. on 1/26/07. (sl, )
February 2, 2007
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on 2/2/07. (sl, )RECOMMENDATION of the Magistrate Judge that plaintiff's 35 Motion for Default Judgment against defendants Alverson, Bressler, Cobb, Lynn, Sawyer, Tarver and King be denied. Objections to R&R due by 2/15/2007. Signed by Judge Wallace Capel Jr.
February 23, 2007
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ORDERED that: (1) the plaintiff's 67 objection to the 66 Recommendation of the Magistrate Judge is overruled; (2) the 66 Recommendation of the Magistrate Judge is adopted; (3) the plaintiff's 35 Motion for Default Judgment against defendants Alverson, Bressler, Cobb, Lynn, Sawyer, Tarver and King is DENIED; (4) this case is referred back to the Magistrate Judge for further proceedings. Signed by Judge Mark E. Fuller on 2/23/07. (sl, )
April 4, 2007
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ORDER granting in part and denying in part 72 MOTION for Extension of Objection to Recommendation Deadline, as further set out in order; Objections to R&R due by 4/26/2007. Signed by Judge Wallace Capel Jr. on 4/4/2007. (wcl, )
April 17, 2007
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ORDER giving NOTICE that the 70 REPORT AND RECOMMENDATION also includes, as provided on page one in the opening paragraph, the undersigned's RECOMMENDATION to DISMISS Bloch's and DeBrow's 32 MOTION to Dismiss. Signed by Judge Wallace Capel Jr. on 4/17/2007. (wcl, )
April 20, 2007
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ORDER denying 76 Motion for Extension of Time to File Objections; the deadline for objections remains 4/26/2007. Signed by Judge Wallace Capel Jr. on 4/20/2007. (wcl, )
August 7, 2007
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ORDER directing that the 82 MOTION for an Extension to File Summary Judgment is GRANTED IN PART; The summary judgment deadline for ALL DEFENDANTS is extended for one month or 9/7/2007; Dispositive Motion due by 9/7/2007. Signed by Judge Wallace Capel Jr. on 8/7/2007. (wcl, )
March 3, 2008
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MEMORANDUM OPINION AND ORDER that it is the ORDER, JUDGMENT and DECREE of the Court: a. that the plf's 81 objections to the Mag Judge's recommendation are OVERRULED; b. that the REPORT AND RECOMMENDATIONS 70 is hereby MODIFIED as noted in the Memorandum Opinion and ORDER; in all other respects, the recommendation 70 is ACCEPTED and hereby ADOPTED as the opinion of this Court; c. That with respect to all federal claims in the Complaint (Counts 1, 2, 3, 4, and5) the pending motions to dismiss 18, 29, 31, 32, 33, 39, 40, and 45) are GRANTED; d. That all federal claims in the Complaint (Counts 1, 2, 3, 4, and 5) are DISMISSED WITH PREJUDICE; e. That the Court declines to exercise supplemental jurisdiction over the state law claims in Counts 6 and 7, which claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Mark E. Fuller on 3/3/08. (djy, )
March 3, 2008
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FINAL JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the Court as follows: (1) with respect to all federal claims in this action judgmnet is ENTERED in favor of defendants against plf, with plf taking nothing by its claims; (2) plf's remaining state-law claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 USC 1367; (3) costs are taxed in favor of defendants and against plf for which execution may issue; (4) directing the Clerk to enter this document on the civil docket sheet as a final judgment pursuant to Rule 58 FRCP and to close this file. Signed by Judge Mark E. Fuller on 3/3/08. (Attachment(s): civil appeals checklist) (djy, ).