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This case was last updated from PACER on 11/26/2019 at 07:46:22 (UTC).

Foster et al v. Department of the Navy

Case Summary

On 09/27/2019 Foster filed a Personal Injury - Other Personal Injury lawsuit against Department of the Navy. This case was filed in U.S. District Courts, North Carolina Eastern District. The Judge overseeing this case is Louise Wood Flanagan. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-00429

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Presiding Judge

Louise Wood Flanagan

 

Party Details

Plaintiffs

David Daniel Foster

Beckley, WV 25801

Barbara A. Foster

Beckley, WV 25801

Defendant

Department of the Navy

 

Court Documents

#16

(#16) Letter from S. Collins, Deputy Clerk to plaintiffs regarding filing of and enclosure of courtesy copies of complaint and summonses for service. (Collins, S.) (Entered: 11/25/2019)

#15

(#15) Summonses Issued as to Department of the Navy, U.S. Attorney and U.S. Attorney General. (Collins, S.) (Entered: 11/25/2019)

#14

(#14) COMPLAINT against Department of the Navy (Filing fee $ 400 received) filed by David Daniel Foster, Barbara A. Foster. (Collins, S.) (Entered: 11/25/2019)

#13

(#13) ORDER - Plaintiffs having cured the deficiencies noted in the order entered November 7, 2019, by timely submitting revised summonses and paying the filing fee, the Clerk is DIRECTED to take the following action: 1. File Plaintiffs' complaint; 2. Issue the summonses prepared by Plaintiff for Plaintiffs' service upon Defendant; and 3. Terminate Plaintiffs' application to proceed in forma pauperis #2 as moot in light of Plaintiffs' payment of the filing fee. Signed by Magistrate Judge Kimberly A. Swank on 11/25/2019. (A certified copy of this Order was sent via US mail to David Daniel and Barbara A. Foster, P O Box 1002, Beckley, WV 25802.) (Collins, S.) (Entered: 11/25/2019)

12 #1

Envelope

#12

(#12) Notice Proposed Summonses filed by David Daniel Foster. (Attachments: #1 Envelope) (Collins, S.) (Entered: 11/22/2019)

#11

(#11) ORDER - The Clerk is DIRECTED to serve a copy of this Order, the order entered October 9, 2019, and all necessary forms (including a sample summons and instructions for making service on the United States, its agencies, corporations, and officers) upon Plaintiffs via United States mail, addressed as follows: David Daniel Foster and Barbara A. Foster, PO Box 1002, Beckley, WV 28502. Failure to correct the deficiencies by December 2, 2019 may result in the dismissal of this action without prejudice for failure to prosecute or to comply with the orders of this court. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2019. (A certified copy of this order as well as order entered 10/9/19 and forms (sample summons included) sent via US mail to David Daniel Foster and Barbara A. Foster, P O Box 1002, Beckley, WV 28502.) (Collins, S.) (Entered: 11/07/2019)

#10

(#10) ORDER OF DEFICIENCY. Signed by Magistrate Judge Kimberly A. Swank on 10/8/2019. (A certified copy of this Order was sent via US mail to David Daniel and Barbara Foster, 163 Harper Heights Road, Beckley, WV 25801.) (Collins, S.) (Entered: 10/09/2019)

#6

(#6) Financial Disclosure Statement filed by David Daniel Foster. (Attachments: #1 Envelope) (Collins, S.) (Entered: 10/08/2019)

#5

(#5) Notice to Pro Se Parties Regarding Transfer of Case to the Eastern District of North Carolina. The parties should read the notice in its entirety for additional information. (Rudd, D.) (Entered: 09/27/2019)

4 #1

*Restricted*

#4

(#4) Case transferred in from District of North Carolina Western. Case Number 3:19-cv-00315. Transfer order and docket sheet obtained from transferring district. (Entered: 09/27/2019)

#3

(#3) ORDER that this action will be transferred to the Eastern District of North Carolina. Signed by District Judge Robert J. Conrad, Jr on 9/27/2019. (Pro se litigant served by US Mail.)(brl) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 09/27/2019)

#2

RESTRICTED

1 #3

Envelope

1 #2

Cover Letter

1 #1

Proposed Summons

#1

(#1) Pro Se COMPLAINT against Department of the Navy, filed by David Daniel Foster, Barbara A. Foster. (Attachments: #1 Proposed Summons, #2 Cover Letter, #3 Envelope)(mek) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 07/09/2019)

16 More Documents Available

 

Docket Entries

  • 11/25/2019
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  • (#16) Letter from S. Collins, Deputy Clerk to plaintiffs regarding filing of and enclosure of courtesy copies of complaint and summonses for service. (Collins, S.) (Entered: 11/25/2019)

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  • 11/25/2019
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  • (#15) Summonses Issued as to Department of the Navy, U.S. Attorney and U.S. Attorney General. (Collins, S.) (Entered: 11/25/2019)

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  • 11/25/2019
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  • (#14) COMPLAINT against Department of the Navy (Filing fee $ 400 received) filed by David Daniel Foster, Barbara A. Foster. (Collins, S.) (Entered: 11/25/2019)

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  • 11/25/2019
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  • (#13) ORDER - Plaintiffs having cured the deficiencies noted in the order entered November 7, 2019, by timely submitting revised summonses and paying the filing fee, the Clerk is DIRECTED to take the following action: 1. File Plaintiffs' complaint; 2. Issue the summonses prepared by Plaintiff for Plaintiffs' service upon Defendant; and 3. Terminate Plaintiffs' application to proceed in forma pauperis #2 as moot in light of Plaintiffs' payment of the filing fee. Signed by Magistrate Judge Kimberly A. Swank on 11/25/2019. (A certified copy of this Order was sent via US mail to David Daniel and Barbara A. Foster, P O Box 1002, Beckley, WV 25802.) (Collins, S.) (Entered: 11/25/2019)

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  • 11/22/2019
  • Filing fee received: $ 400.00, receipt number NEW001048. (Collins, S.) (Entered: 11/22/2019)

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  • 11/22/2019
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  • (#12) Notice Proposed Summonses filed by David Daniel Foster. (Attachments: #1 Envelope) (Collins, S.) (Entered: 11/22/2019)

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  • 11/07/2019
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  • (#11) ORDER - The Clerk is DIRECTED to serve a copy of this Order, the order entered October 9, 2019, and all necessary forms (including a sample summons and instructions for making service on the United States, its agencies, corporations, and officers) upon Plaintiffs via United States mail, addressed as follows: David Daniel Foster and Barbara A. Foster, PO Box 1002, Beckley, WV 28502. Failure to correct the deficiencies by December 2, 2019 may result in the dismissal of this action without prejudice for failure to prosecute or to comply with the orders of this court. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2019. (A certified copy of this order as well as order entered 10/9/19 and forms (sample summons included) sent via US mail to David Daniel Foster and Barbara A. Foster, P O Box 1002, Beckley, WV 28502.) (Collins, S.) (Entered: 11/07/2019)

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  • 10/09/2019
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  • (#10) ORDER OF DEFICIENCY. Signed by Magistrate Judge Kimberly A. Swank on 10/8/2019. (A certified copy of this Order was sent via US mail to David Daniel and Barbara Foster, 163 Harper Heights Road, Beckley, WV 25801.) (Collins, S.) (Entered: 10/09/2019)

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  • 10/08/2019
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  • Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #2 MOTION (Sealed - Participants) to Proceed in forma pauperis. (Collins, S.) (Entered: 10/08/2019)

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  • 10/08/2019
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  • (#9) Notice of Self-Representation filed by Barbara A. Foster. (Collins, S.) (Entered: 10/08/2019)

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  • 10/08/2019
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  • (#8) Financial Disclosure Statement filed by Barbara A. Foster. (Attachments: #1 Envelope) (Collins, S.) (Entered: 10/08/2019)

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  • 10/08/2019
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  • (#7) Notice of Self-Representation filed by David Daniel Foster. (Collins, S.) (Entered: 10/08/2019)

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  • 10/08/2019
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  • (#6) Financial Disclosure Statement filed by David Daniel Foster. (Attachments: #1 Envelope) (Collins, S.) (Entered: 10/08/2019)

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  • 09/27/2019
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  • (#5) Notice to Pro Se Parties Regarding Transfer of Case to the Eastern District of North Carolina. The parties should read the notice in its entirety for additional information. (Rudd, D.) (Entered: 09/27/2019)

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  • 09/27/2019
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  • (#4) Case transferred in from District of North Carolina Western. Case Number 3:19-cv-00315. Transfer order and docket sheet obtained from transferring district. (Entered: 09/27/2019)

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  • 09/27/2019
  • Case electronically transferred to District of Eastern District of North Carolina. Original electronic file and docket sheet sent. (brl) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 09/27/2019)

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  • 09/27/2019
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  • (#3) ORDER that this action will be transferred to the Eastern District of North Carolina. Signed by District Judge Robert J. Conrad, Jr on 9/27/2019. (Pro se litigant served by US Mail.)(brl) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 09/27/2019)

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  • 07/09/2019
  • Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally by US Mail. (mek) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 07/09/2019)

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  • 07/09/2019
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  • (#2) MOTION (Sealed - Participants) to Proceed in forma pauperis by Barbara A. Foster, David Daniel Foster. (mek) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 07/09/2019)

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  • 07/09/2019
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  • (#1) Pro Se COMPLAINT against Department of the Navy, filed by David Daniel Foster, Barbara A. Foster. (Attachments: #1 Proposed Summons, #2 Cover Letter, #3 Envelope)(mek) [Transferred from North Carolina Western on 9/27/2019.] (Entered: 07/09/2019)

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