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12-2181 - Myers v. Powell

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12-2181 - Myers v. Powell
July 23, 2013
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ORDER AND REASONS the Court GRANTS plaintiff's motion 22 for a default judgment IN PART. Defendant Clifton Powell is adjudged liable to plaintiff Kiyante Myers for committing assault, battery, and intentional infliction of emotional distress. The Court leaves open the issue of the quantum of damages and costs recoverable by plaintiff, pending plaintiff's submission of relevant evidence. Plaintiff is ordered to provide such evidence to the Court within THIRTY DAYS of this order.. Signed by Chief Judge Sarah S. Vance on 7/23/13.(jjs, )
January 24, 2017
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ORDER AND REASONS - Clifton Powell's Motion 36 for Relief Pursuant to Rules 55(c) and 60(b) is GRANTED. Powell's motions to dismiss under Rule 12(b)(5) and stay under Rule 62(b)(4) are DENIED AS MOOT. Myers has failed to effect proper service of process, and this Court therefore has no jurisdiction over Powell. Powell, however, has agreed to accept service on his attorney, Eric M. Carter, Sr. Myers is ORDERED to serve Powell, through his attorney, within seven days of this Order.. Signed by Judge Sarah S. Vance on 1/24/17.(jjs)
January 30, 2018
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ORDER AND REASONS granting 68 Motion to Dismiss Defendant's Counterclaims. Defendant's counterclaims for defamation, defamation per se, and intentional infliction of emotional distress are DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 1/30/2018. (cg)