Stinson v. Mark Yates and Wall & Associates, Inc.
| Tennessee Western District Court | |
| Judge: | Samuel H Mays, Jr |
| Referred: | Tu M Pham |
| Case #: | 2:24-cv-02077 |
| Nature of Suit | 195 Contract - Contract Product Liability |
| Cause | 28:1331 Federal Question: Bivens Act |
| Case Filed: | Feb 05, 2024 |
| Re-opened: | Jan 18, 2024 |
| Case in other court: | Florida Southern, 1:23-cv-24688 |
| Last checked: Saturday Aug 03, 2024 4:57 AM CDT |
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Consol Defendant
Nathan Patrick Brooks
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Consol Defendant
John T. Fowlkes
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Consol Defendant
Damon Keith Griffin
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Consol Defendant
Joedae L. Jenkins
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Consol Defendant
Larry C. Miller
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Consol Defendant
Rickey E. Wilkins
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Consol Defendant
Arthur E. Quinn
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Consol Defendant
Archie Sanders
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Consol Defendant
Patrick E. Stegall
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Defendant
Nathan Burton
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Defendant
John P. Yates
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Defendant
Betty Williams
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Defendant
Officer Rendon
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Defendant
Officer Crawford
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Defendant
Officer Blair
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Defendant
LT. Randle
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Plaintiff
Mark T. Stinson
2932 NW 59th Street #2
Miami, FL 33142 |
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| TERMINATED PARTIES | |
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Defendant
Mark Yates
Terminated: 01/16/2024
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Defendant
Wall & Associates, Inc.
Terminated: 01/16/2024
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| Docket last updated: 04/16/2025 11:59 PM CDT |
| Wednesday, April 09, 2025 | ||
| 34 | 34
appeal
USCA Case Number
Wed 04/09 2:47 PM
USCA Case Number 25-5310 for33 Notice of Appeal filed by Mark T. Stinson. (mf) |
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| Thursday, April 03, 2025 | ||
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appeal
Notice of Appeal
Tue 04/08 11:58 AM
NOTICE OF APPEAL as to28 Order, by Mark T. Stinson.(gkp) |
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Att: 1
envelope
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| Monday, March 24, 2025 | ||
| 32 | 32
motion
Miscellaneous Relief
Mon 03/24 4:08 PM
EXPEDITE CORRECTED MOTION TO TRANSFER THIS MATTER UNDER 28 USC§ 1404 and/or 1332, GRANT THE MOTION FDR LEAVE TO PROCEED AS A VETERAN, ADD MARK YATES AND WALL & ASSOCIATES INC.TO THIS COMPLAINT, APPOINTMENT OF U.S. MARSHAL AS SPECIAL PROCESS SERVER and RECEIVE EMAILS by Mark T. Stinson.(gkp) |
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Att: 1
Attachements in Support,
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Att: 2
envelope
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| Thursday, March 06, 2025 | ||
| 31 | 31
motion
Miscellaneous Relief
Thu 03/06 4:18 PM
EXPEDITE MOTION TO TRANSFER THIS MATTER UNDER 28 USC§ 1404 and/or 1332, GRANT THE MOTION FDR LEAVE TO PROCEED AS A VETERAN, ADD MARK YATES AND WALL & ASSOCIATES INC.TO THIS COMPLAINT, APPOINTMENT OF U.S. MARSHAL AS SPECIAL PROCESS SERVER and RECEIVE EMAILS by Mark T. Stinson.(gkp) |
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Att: 1
Supporting documents,
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Att: 2
envelope
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| Monday, February 05, 2024 | ||
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utility
Add and Terminate Judges
Mon 02/05 3:09 PM
Judge Samuel H. Mays, Jr and Chief Magistrate Judge Tu M. Pham added. (csf) |
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transfer
Case Transferred In - District Transfer
Mon 02/05 1:19 PM
Case transferred in from District of Florida Southern; Case Number 1:23-cv-24688. Original file certified copy of transfer order and docket sheet received. |
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5
pgs
order
Order
Mon 02/05 12:19 PM
ORDER. Stinson's claims in the Amended Complaint ECF No.16 against Defendants John P. Yates, Officer Blair, LT. Randle, Officer Rendon, and Officer Crawford are SEVERED and TRANSFERRED to the U.S District Court for the Eastern District of Arkansas. The claims in the Amended Complaint ECF No.16 against John T. Fowlkes, Damon Keith Griffin, Nathan Patrick Brooks, Arthur E. Quinn, Patrick E. Stegall, Larry C. Miller, JoeDae L. Jenkins, Rickey E. Wilkins, Archie Sanders, Betty Williams, and Nathan Burton are SEVERED and TRANSFERRED to the U.S District Court for the Western District of Tennessee. Any future motions filed in the above-styled action will be STRICKEN without additional consideration. This case shall remain CLOSED. Signed by Judge Roy K. Altman on 2/5/2024. See attached document for full details. (nwn) |
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| SYSTEM ENTRY - Case 1:23-cv-24688 electronically transferred out to Arkansas Eastern. (nwn) [Transferred from Florida Southern on 2/5/2024.] | ||
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notice
Notice (Other)
Mon 02/05 12:22 PM
SYSTEM ENTRY - Case 1:23-cv-24688 electronically transferred out to Arkansas Eastern. (nwn) |
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| Wednesday, January 31, 2024 | ||
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ORDER of DISMISSAL from USCA. Motion to voluntarily dismiss appeal filed by Appellant Mark T. Stinson, Sr. is GRANTED by clerk [10126056-2]. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date; Motion to consolidate appeals filed by Appellant Mark T. Stinson, Sr. is DISMISSED as MOOT re20 Notice of Appeal, filed by Mark T. Stinson. USCA 24-10248 D. (jgo) [Transferred from Florida Southern on 2/5/2024.]
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| Monday, January 29, 2024 | ||
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TRANSCRIPT INFORMATION FORM by Mark T. Stinson re20 Notice of Appeal. No Transcript Requested. (jgo) [Transferred from Florida Southern on 2/5/2024.]
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| Friday, January 26, 2024 | ||
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Acknowledgment of Receipt of NOA from USCA re20 Notice of Appeal, filed by Mark T. Stinson. Date received by USCA: 1/22/2024. USCA Case Number: 21-10248 D. (apz) [Transferred from Florida Southern on 2/5/2024.]
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| Thursday, January 25, 2024 | ||
| 24 | 24 PAPERLESS ORDER DENYING 23 the Plaintiff's Motion for Entry of Default Final Judgment. On January 23, 2024, we stayed this case pending the outcome of the Plaintiff's appeal. See 22 Order Staying Case. In that Order, we explicitly declared that "[a]ll hearings and deadlines are TERMINATED [.]" Ibid. This, of course, included the deadline for the Defendants to respond to1 the Complaint, which (in any event) had since been superseded by the Plaintiff's filing of16 the Amended Complaint, see Fed. R. Civ. P. 15(a)(3) ("[A]ny required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later ." (emphasis added)). The Plaintiff has also failed to follow the appropriate procedures for seeking a default judgment. See Quire v. Smith , 2021 WL 630894, at *1 (S.D. Fla. Feb. 9, 2021) (Singhal, J.) ("Rule 55 of the Federal Rules of Civil Procedure establishes a two-step process for obtaining a default judgment. First, when a defendant fails to plead or otherwise defend the lawsuit, the Clerk of Court must enter a clerk's default against the defendant. Second, when the requirements for a clerk-entered default judgment cannot be met under Rule 55(b)(1), the plaintiff must apply to the court for a default judgment under Rule 55(b)(2)." (cleaned up)). "The upshot of all this is that the Defendants aren't in default," Dixon v. Epiq Corp. Restructuring, LLC , 2022 WL 2068504, at *4 (S.D. Fla. May 10, 2022) (Altman, J.), so23 the Plaintiff's Motion must be DENIED . This case shall remain CLOSED . Signed by Judge Roy K. Altman on 1/25/2024. (rco) [Transferred from Florida Southern on 2/5/2024.] | |
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MOTION for Entry of Default Final Judgment by Mark T. Stinson. (cds) [Transferred from Florida Southern on 2/5/2024.]
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| Tuesday, January 23, 2024 | ||
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ORDER re STAYING CASE. Closing Case. Signed by Judge Roy K. Altman on 1/22/2024. See attached document for full details. (cds) [Transferred from Florida Southern on 2/5/2024.]
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| Monday, January 22, 2024 | ||
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CLERK'S NOTICE of Mailing Pro Se Instructions to Mark T. Stinson re20 Notice of Appeal. (jgo) [Transferred from Florida Southern on 2/5/2024.]
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Notice of Appeal re19 Order on Motion to Reopen Case, Order on Motion to Consolidate Cases, by Mark T. Stinson. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form[LINK:www.flsd.uscourts.gov/forms/all-forms] . (jgo) [Transferred from Florida Southern on 2/5/2024.]
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| Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re20 Notice of Appeal. Notice has been electronically mailed. (jgo) [Transferred from Florida Southern on 2/5/2024.] | ||
| Thursday, January 18, 2024 | ||
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OMNIBUS ORDER; denying17 Motion to Reopen Case; denying17 Motion to Consolidate Cases. The Plaintiff's Motion in Opposition to Consolidation ECF No.15 is DENIED as MOOT. All claims against Defendants Mark Yates and Wall & Associates, Inc., are DISMISSED without prejudice. These Defendants shall remain TERMINATED from this action. The Clerk of Court is directed to REOPEN the above-styled action, Stinson v. Yates, No. 23-cv-24688. Signed by Judge Roy K. Altman on 1/18/2024. See attached document for full details. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Case Reopened PER DE19 . (nwn) [Transferred from Florida Southern on 2/5/2024.] | ||
| Tuesday, January 16, 2024 | ||
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ACKNOWLEDGMENT OF SERVICE filed by Mark T. Stinson.(nan) [Transferred from Florida Southern on 2/5/2024.]
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Att: 1
Proof of Service,
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Att: 2
Proof of Service,
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Att: 3
Proof of Service,
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Att: 4
Proof of Service
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MOTION to Reopen Case, MOTION to Consolidate Cases ( Responses due by 1/30/2024.) by Mark T. Stinson. (nan) [Transferred from Florida Southern on 2/5/2024.]
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AMENDED COMPLAINT for Violation of Civil Rights against Nathan Patrick Brooks, John T. Fowlkes, Damon Keith Griffin, JoeDae L. Jenkins, Larry C. Miller, Arthur E. Quinn, Patrick E. Stegall, Rickey E. Wilkins, Archie Sanders, John P. Yates, Officer Blair, LT. Randle, Officer Rendon, Officer Crawford, Betty Williams, Nathan Burton, filed by Mark T. Stinson.(nan) [Transferred from Florida Southern on 2/5/2024.]
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MOTION in Opposition of the Consolidation re14 Order Dismissing/Closing Case, by Mark T. Stinson. (nwn) Modified text on 1/17/2024 (mr1). [Transferred from Florida Southern on 2/5/2024.]
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| Wall & Associates, Inc. and Mark Yates terminated., per DE#16 Amended Complaint. Signed by Judge Roy K. Altman on 1/16/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 2/5/2024.] | ||
| Thursday, January 11, 2024 | ||
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ORDER: Stinson v. Fowlkes et al., No 23-cv-24751-RKA is hereby CONSOLIDATED into Stinson v. Yates et al., No. 23-cv-24688-RKA. Stinson v. Fowlkes et al., No 23-cv-24751-RKA shall be administratively CLOSED. All future filings shall be made under Stinson v. Yates et al., 23-cv-24688-RKA. By January 25, 2024, the Plaintiff shall file a single, combined complaint, which will govern this case. By February 12, 2024, the Plaintiff shall identify and serve the Defendants. Until then, this case shall proceed on our inactive docket. This case, therefore, shall remain CLOSED. Signed by Judge Roy K. Altman on 1/11/2024. See attached document for full details. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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MOTION for Default Judgment by Mark T. Stinson. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Friday, December 22, 2023 | ||
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SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Mark Yates served on 12/20/2023, response/answer due 1/10/2024. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Wall & Associates, Inc. served on 12/20/2023, response/answer due 1/10/2024. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Thursday, December 21, 2023 | ||
| 10 | 10 PAPERLESS ORDER denying9 the Plaintiff's Motion for Subject Matter Jurisdiction and Summons Served Verification. This is not a filing we are familiar with, and the Plaintiff is not required to file a motion for a finding of service or a finding of subject matter jurisdiction. But, as we noted in6 our Multiple Defendants Order, the Plaintiff is required to "file proof of service, as to each Defendant, within seven days of perfecting service on each Defendant." Id. at 1. Signed by Judge Roy K. Altman on 12/21/2023. (rco) [Transferred from Florida Southern on 2/5/2024.] | |
| Wednesday, December 20, 2023 | ||
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MOTION for Subject Matter Jurisdiction and Summons Served Verification by Mark T. Stinson. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Tuesday, December 19, 2023 | ||
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Alias Summons Issued as to Wall & Associates, Inc., Mark Yates. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Wednesday, December 13, 2023 | ||
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ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 12/13/2023. See attached document for full details. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 12/13/2023. See attached document for full details. (nwn) [Transferred from Florida Southern on 2/5/2024.]
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| Tuesday, December 12, 2023 | ||
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Clerks Notice of Receipt of Filing Fee received on 12/12/2023 in the amount of $ 405.00, receipt number FLS279459. (jes) [Transferred from Florida Southern on 2/5/2024.]
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Summons Issued as to Wall & Associates, Inc., Mark Yates. (jas) [Transferred from Florida Southern on 2/5/2024.]
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Consent by Pro Se Litigant (Non-Prisoner) Mark T. Stinson to receive Notices of Electronic Filing at email address: mstinson1@bellsouth.net (jas) [Transferred from Florida Southern on 2/5/2024.]
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| 2 | 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) [Transferred from Florida Southern on 2/5/2024.] | |
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COMPLAINT against Wall & Associates, Inc., Mark Yates. Filing fees $405.00, filed by Mark T. Stinson.(jas) [Transferred from Florida Southern on 2/5/2024.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibits
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