Case details

Court: ncmd
Docket #: 1:16-cv-01098
Case Name: LOSTUTTER v. OLSEN et al
PACER case #: 73199
Date filed: 2016-09-02
Date of last filing: 2017-05-22
Assigned to: JUDGE THOMAS D. SCHROEDER
Referred to: MAG/JUDGE JOI ELIZABETH PEAKE
Case Cause: 28:1332 Diversity-Libel, Assault, Slander
Nature of Suit: 320 Assault Libel & Slander
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
DERIC JAMES LOSTUTTER
Plaintiff
DERIC JAMES LOSTUTTER
#21103-032 PETERSBURG LOW FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 1000 PETERSBURG, VA 23804 PRO SE

THOMAS OLSEN
Defendant
ROBERT D. GIBSON
CARY LAW 315 NORTH ACADEMY STREET, STE. 100 CARY, NC 27513 919-462-1640 Fax: 919-462-1641 Email: daniel@carylawnc.pro
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ALEXANDRIA GODDARD
Defendant
ROBERT D. GIBSON
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHELLE MCKEE
Defendant
TERMINATED: 04/05/2017
ROBERT D. GIBSON
CARY LAW 315 NORTH ACHDEMY STREET, STE. 100 CARY, NC 27513 919-462-1640 Fax: 919-462-1641 Email: daniel@carylawnc.pro
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-09-02 1 0 COMPLAINT against ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN, filed by DERIC JAMES LOSTUTTER.(Coyne, Michelle) (Entered: 09/02/2016)
2016-09-02 2 0 CIVIL COVER SHEET. (Coyne, Michelle) (Entered: 09/02/2016)
2016-09-02 3 0 Summons Issued as to ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. (Coyne, Michelle) (Entered: 09/02/2016)
2016-09-02 4 0 Notice of Right to Consent. Plaintiff shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 09/02/2016)
2016-09-02 5 0 Notice of Signed Pro Se Electronic Service Consent by DERIC JAMES LOSTUTTER. Email address is lostutterdwork@gmail.com. (Coyne, Michelle) (Entered: 09/02/2016)
2016-09-14 6 0 AFFIDAVIT OF SERVICE as to MICHELLE MCKEE served on 9/8/2016, answer due 9/29/2016; THOMAS OLSEN served on 9/8/2016, answer due 9/29/2016. (Taylor, Abby) (Entered: 09/14/2016)
2016-09-29 7 0 NOTICE of Appearance by attorney ROBERT D. GIBSON on behalf of Defendants ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN (Taylor, Abby) (Entered: 09/29/2016)
2016-09-29 8 0 MOTION for Extension of Time to File Answer re 1 Complaint by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. (Taylor, Abby) (Entered: 09/29/2016)
2016-10-03 9 0 RESPONSE in Opposition re 8 MOTION for Extension of Time to File Answer re 1 Complaint filed by DERIC JAMES LOSTUTTER. Replies due by 10/20/2016. (Taylor, Abby) (Entered: 10/03/2016) 2017-05-11 02:16:27 99bdc0af74c1f3cf0014c27716db02b8143bf571
2016-10-03 10 0 MOTION for Summary Judgment by DERIC JAMES LOSTUTTER. Responses due by 11/7/2016 (Taylor, Abby) (Entered: 10/03/2016)
2016-10-10 11 0 BRIEF re 9 Response in Opposition to Motion, 8 MOTION for Extension of Time to File Answer re 1 Complaint by Defendants ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN filed by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. (GIBSON, ROBERT) (Entered: 10/10/2016)
2016-10-14 12 0 ORDER ALLOWING EXTENSION OF TIME signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/14/2016, granting 8 Motion for Extension of Time to Answer filed by All Defendants. ( Answer due by 10/30/2016); finding as moot 10 Motion for Summary Judgment. (Taylor, Abby) (Entered: 10/14/2016)
2016-10-28 13 0 MOTION to Dismiss as set out in document and MOTION for Gatekeeper Order by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. Responses due by 11/21/2016 (GIBSON, ROBERT) Modified on 11/7/2016 to additional text to include other motion (Taylor, Abby). (Entered: 10/28/2016) 2017-07-05 11:28:07 4750061e5326ea9d2e41675763de0159aadd9895
2016-11-02 14 0 BRIEF re 13 MOTION to Dismiss . (Attachments: # 1 Certificate of Service)(GIBSON, ROBERT) (Entered: 11/02/2016)
14 1 Certificate of Service
2016-11-02 15 0 CERTIFICATE OF SERVICE by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN re Notice of Deficiency re electronically filed document(s), 13 MOTION to Dismiss (GIBSON, ROBERT) (Entered: 11/02/2016)
2016-11-03 16 0 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by DERIC JAMES LOSTUTTER. Responses due by 11/28/2016 (Attachments: # 1 proposed order)(Taylor, Abby) (Entered: 11/04/2016)
2016-11-03 17 0 MEMORANDUM re 16 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Plaintiff DERIC JAMES LOSTUTTER. (Attachments: # 1 Affidavit, # 2 Affidavit)(Taylor, Abby) (Entered: 11/04/2016)
2016-11-03 18 0 RESPONSE in Opposition re 13 MOTION to Dismiss filed by DERIC JAMES LOSTUTTER. Replies due by 11/21/2016. (Taylor, Abby) (Entered: 11/04/2016)
2016-11-03 19 0 RESPONSE in Opposition for Gatekeeper Order re 13 MOTION to Dismiss filed by DERIC JAMES LOSTUTTER. Replies due by 11/21/2016. (Attachments: # 1 Exhibit A)(Taylor, Abby) (Entered: 11/04/2016)
2016-11-03 20 0 NOTICE OF FILING by DERIC JAMES LOSTUTTER (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Taylor, Abby) (Entered: 11/04/2016)
2016-11-04 21 0 Roseboro Letter as to 13 MOTION to Dismiss (Taylor, Abby) (Entered: 11/04/2016)
2016-11-07 22 0 ADDENDUM to 18 Response in Opposition to Motion to Dismiss. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Daniel, J) (Entered: 11/07/2016)
2016-11-09 23 0 NOTICE OF FILING by DERIC JAMES LOSTUTTER (Taylor, Abby) (Entered: 11/09/2016)
2016-11-09 24 0 NOTICE OF FILING by DERIC JAMES LOSTUTTER (Taylor, Abby) (Entered: 11/09/2016)
2016-11-10 25 0 AFFIDAVIT of Thomas Olsen filed by Defendant THOMAS OLSEN re 13 MOTION to Dismiss filed by THOMAS OLSEN. Replies due by 11/28/2016. (GIBSON, ROBERT) (Entered: 11/10/2016)
2016-11-15 26 0 MOTION to Strike 24 Notice (Other), 20 Notice (Other), 23 Notice (Other), 22 Additional Attachments to Main Document by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. Responses due by 12/9/2016 (Attachments: # 1 Supplement, # 2 Text of Proposed Order, # 3 Affidavit)(GIBSON, ROBERT) (Entered: 11/15/2016)
2016-11-16 27 0 BRIEF re 26 MOTION to Strike 24 Notice (Other), 20 Notice (Other), 23 Notice (Other), 22 Additional Attachments to Main Document . (GIBSON, ROBERT) (Entered: 11/16/2016)
2016-11-17 28 0 RESPONSE in Opposition re 26 MOTION to Strike 24 Notice (Other), 20 Notice (Other), 23 Notice (Other), 22 Additional Attachments to Main Document filed by DERIC JAMES LOSTUTTER. Replies due by 12/5/2016. (Taylor, Abby) (Entered: 11/17/2016)
2016-11-17 29 0 MOTION to Strike 13 MOTION to Dismiss by DERIC JAMES LOSTUTTER. Responses due by 12/12/2016 (Taylor, Abby) (Entered: 11/17/2016)
2016-11-17 30 0 MOTION for Summary Judgment by DERIC JAMES LOSTUTTER. Responses due by 12/22/2016 (Taylor, Abby) (Entered: 11/17/2016)
2016-11-28 31 0 AFFIDAVIT of DERIC LOSTUTTER, filed by Plaintiff DERIC JAMES LOSTUTTER. (Attachments: # 1 Exhibit A) (Garland, Leah) (Entered: 11/28/2016)
2016-11-29 32 0 MOTION for Extension of Time to serve Defendant by DERIC JAMES LOSTUTTER. (Taylor, Abby) (Entered: 11/29/2016)
2016-12-05 33 0 NOTICE OF FILING by DERIC JAMES LOSTUTTER (Attachments: # 1 Attachment A)(Taylor, Abby) (Entered: 12/05/2016)
2016-12-12 34 0 AFFIDAVIT of Jennifer Lostutter re 16 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiff DERIC JAMES LOSTUTTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Taylor, Abby) (Entered: 12/12/2016) 2017-05-11 01:21:45 b2346a1b58a05d17184d7771cb58e1b69aadefaa
34 1 Exhibit A 2017-05-11 00:44:53 4299f1993d51e15b1287732531395eecae22adce
34 2 Exhibit B 2017-05-11 00:48:58 1c0713e59e44e58cd7aba7ba3ff495cb2812830d
34 3 Exhibit C 2017-05-11 00:49:20 10890b3b45b78a189cc5012409eb5b82c678cb8d
2016-12-12 35 0 MOTION for Contempt or in the Alternative for an Issuance of Warrant for Arrest by DERIC JAMES LOSTUTTER. Response to Motion due by 1/3/2017. (Attachments: # 1 Exhibit 1)(Taylor, Abby) (Entered: 12/12/2016)
2016-12-19 36 0 MOTION to Quash by ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. Response to Motion due by 1/9/2017 (Attachments: # 1 Text of Proposed Order)(GIBSON, ROBERT) (Entered: 12/19/2016)
2016-12-21 37 0 RESPONSE in Opposition re 36 MOTION to Quash filed by DERIC JAMES LOSTUTTER. (Taylor, Abby) (Entered: 12/21/2016) 2017-05-11 01:02:34 f1fdb73793dbaf5f84b2b341af8a5381d8204aa8
2016-12-21 38 0 MOTION to Compel Rule 26(f) Conference and Rule26(a) Initial Disclosures Pursuant to Rule 37 by DERIC JAMES LOSTUTTER. Response to Motion due by 1/11/2017. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Taylor, Abby) (Entered: 12/21/2016)
38 1 Exhibit A
38 2 Proposed Order
2016-12-30 39 0 AFFIDAVIT OF SERVICE as to ALEXANDRIA GODDARD served on 12/9/2016, answer due 12/30/2016. (Butler, Carol) (Entered: 12/30/2016) 2017-05-11 01:08:08 68b101af77f40ce62eae17b2097f0bd39b45ddf0
2017-01-23 40 0 ORDER Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/23/2017, that the Motion to Quash [Doc. # 36 ] is GRANTED, and any subpoenas issued in this case are quashed, and the Motion to Compel [Doc. # 38 ] is DENIED as premature, and discovery in this case will proceed after resolution of the pending preliminary motions. (Taylor, Abby) (Entered: 01/23/2017)
2017-03-01 41 0 MOTION For Oral Argument re 18 Response in Opposition to Motion, 13 MOTION to Dismiss by DERIC JAMES LOSTUTTER. Response to Motion due by 3/27/2017 (Attachments: # 1 proposed order)(Taylor, Abby) (Entered: 03/01/2017)
2017-03-01 42 0 BRIEF re 41 MOTION For Oral Argument re 18 Response in Opposition to Motion, 13 MOTION to Dismiss . (Taylor, Abby) (Entered: 03/01/2017)
2017-03-06 43 0 NOTICE by Defendants ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. (GIBSON, ROBERT) (Entered: 03/06/2017)
2017-04-05 44 0 WITHDRAWAL of Motion by Plaintiff DERIC JAMES LOSTUTTER re 30 MOTION for Summary Judgment filed by DERIC JAMES LOSTUTTER (Taylor, Abby) (Entered: 04/05/2017)
2017-04-05 45 0 NOTICE of Voluntary Dismissal as to Defendant, MICHELLE MCKEE, filed by DERIC JAMES LOSTUTTER (Taylor, Abby) (Entered: 04/05/2017)
2017-04-10 46 0 NOTICE of Filing Power of Attorney by DERIC JAMES LOSTUTTER (Attachments: # 1 Additional attachment)(Taylor, Abby) (Entered: 04/10/2017)
2017-04-10 47 0 Notice of Signed Pro Se Electronic Service Consent by DERIC JAMES LOSTUTTER JRS13131@gmail.com (Taylor, Abby) (Entered: 04/10/2017)
2017-04-12 48 0 MOTION for Attorney Fees by MICHELLE MCKEE. Response to Motion due by 5/3/2017 (Attachments: # 1 Text of Proposed Order)(GIBSON, ROBERT) (Entered: 04/12/2017)
2017-04-14 49 0 NOTICE (Re: Victim Impact Statement) by DERIC JAMES LOSTUTTER (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Envelope)(Taylor, Abby) (Entered: 04/14/2017)
2017-04-20 50 0 MOTION to Withdraw as Attorney ROBERT D. GIBSON by on behalf of ALEXANDRIA GODDARD, MICHELLE MCKEE, THOMAS OLSEN. (Attachments: # 1 Text of Proposed Order)(GIBSON, ROBERT) (Entered: 04/20/2017)
50 1 Text of Proposed Order
2017-04-20 51 0 RESPONSE to 48 MOTION for Attorney Fees, filed by DERIC JAMES LOSTUTTER. Replies due by 5/8/2017. (Garland, Leah) (Entered: 04/20/2017)
2017-05-08 52 0 AFFIDAVIT in Support re 48 MOTION for Attorney Fees , 50 MOTION to Withdraw as Attorney ROBERT D. GIBSON filed by MICHELLE MCKEE. (GIBSON, ROBERT) (Entered: 05/08/2017)
2017-05-19 53 0 WITHDRAWAL of Motion by Plaintiff DERIC JAMES LOSTUTTER re 41 MOTION For Oral Argument re 18 Response in Opposition to Motion, 13 MOTION to Dismiss filed by DERIC JAMES LOSTUTTER (Attachments: # 1 Envelope - Front and Back)(Taylor, Abby) (Entered: 05/19/2017)
2017-05-22 54 0 Notice of Signed Revocation of Pro Se Electronic Service Consent by DERIC JAMES LOSTUTTER (Attachments: # 1 Envelope - Front and Back)(Taylor, Abby) (Entered: 05/22/2017)