NATIONAL LAMPOON INC v. BROWN TOMPKINS LORY AND MASTRIAN, et al.
Plaintiff: NATIONAL LAMPOON INC
Defendant: JOHN TOMPKINS, TIM DURHAM, BRADY LORY, RICHARD BROWN, DOES 1 through 50, inclusive, BROWN TOMPKINS LORY AND MASTRIAN and PAT MASTRIAN
Intervenor Plaintiff: BRIAN A. BASH
Intervenor Defendant: NATIONAL LAMPOON INC.
Case Number: 1:2013cv01094
Filed: July 8, 2013
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Richard L Young
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 21, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2017 Opinion or Order Filing 188 ORDER OF DISMISSAL WITH PREJUDICE - Pursuant to Rule 41(a)(1) and 41(a)(2) of the Federal Rules of Civil Procedure, all claims asserted in the Trustee'sIntervenor's Complaint are hereby dismissed with prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Richard L. Young on 11/21/2017. (JRB)
November 10, 2017 Filing 187 Joint MOTION to Dismiss , filed by Intervenor Plaintiff BRIAN A. BASH. (Attachments: #1 Proposed Order)(DeNeal, Dustin)
October 24, 2017 Opinion or Order Filing 186 ORDER of Dismissal with Prejudice - SEE ORDER. Signed by Judge Richard L. Young on 10/24/2017.(JRB)
October 16, 2017 Filing 185 STIPULATION of Dismissal , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Text of Proposed Order Proposed Order re: Dismissal)(Loveless, Andrea)
September 29, 2017 Opinion or Order Filing 184 ORDER granting #183 Motion for Extension of Time to File stipulation of dismissal to 10/05/2017. This action is closed administratively, without prejudice. Upon the filing of the stipulation of dismissal this case will be dismissed with prejudice. Signed by Magistrate Judge Tim A. Baker on 9/29/2017. (TMD)
September 29, 2017 CLOSED administratively, without prejudice. Signed by Magistrate Judge Tim A. Baker on 9/29/2017.(TMD)
September 26, 2017 Filing 183 Third MOTION for Extension of Time to October 5 2017 to file Settlement Agreement and Stipulation of Dismissal With Prejudice, filed by Defendant TIM DURHAM. (Attachments: #1 Text of Proposed Order to Extend Deadline)(Plopper, Stephen)
September 18, 2017 Opinion or Order Filing 182 ORDER granting Defendant Timothy Durham's #181 Motion for Extension of Time to File the Settlement Agreement and Stipulation of Dismissal to 9/26/2017. Signed by Magistrate Judge Tim A. Baker on 9/18/2017. (SWM)
September 12, 2017 Filing 181 Second MOTION for Extension of Time to 09/26/2017 , filed by Defendant TIM DURHAM. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Extend Deadline)(Plopper, Stephen)
August 30, 2017 Opinion or Order Filing 180 ORDER granting Defendant Timothy Durham's #179 Motion to extend deadline for filing the Settlement Agreement and Stipulation of Dismissal up to and including September 12, 2017. Signed by Magistrate Judge Tim A. Baker on 8/30/2017. (SWM)
August 28, 2017 Filing 179 MOTION for Extension of Time to File Stipulation of Dismissal , filed by Defendant TIM DURHAM. (Attachments: #1 Text of Proposed Order)(Plopper, Stephen) Modified on 8/29/2017 (JRB).
August 1, 2017 Opinion or Order Filing 178 ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker on 8/1/2017.(SWM) Modified on 8/1/2017 (SWM).
July 20, 2017 Opinion or Order Filing 177 ORDER ON JULY 18, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel July 18, 2017, for a telephonic status conference. Discussion was held regarding settlement, and related matters. Counsel for Defendant shall contact the Magistrate Judge by July 25, 2017, with a settlement update. Signed by Magistrate Judge Tim A. Baker. (MGG)
July 13, 2017 Opinion or Order Filing 176 SCHEDULING ORDER-TELEPHONIC Status Conference set for 7/18/2017 at 11:00 AM before Magistrate Judge Tim A. Baker. The purpose of this conference is to address case status and settlement in light of the Court's ruling on the parties' motions for summary judgment. Signed by Magistrate Judge Tim A. Baker on 7/13/2017.(CBU)
July 10, 2017 Opinion or Order Filing 175 ORDER granting in part and denying in part National Lampoon's #156 Motion for Summary Judgment on Durham's Counterclaims and denying Durham's #159 Motion for Summary Judgment. Signed by Judge Richard L. Young on 7/10/2017. (TMD)
June 27, 2017 Filing 174 Appendix of Exhibits in Support of Motion re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham and Request for Judicial Notice of Attached Exhibits as Amended and Pursuant to Court Order (Doc. 172), filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Exhibit 1, Form 8-K Current Report, #2 Exhibit 2, Form 10-Q Quarterly Report, #3 Exhibit 3, Trustees Motion to Approve Compromise with TImothy Durham, #4 Exhibit 4, Notice of Execution of Assignment Agreement, #5 Exhibit 5, Order Approving Trustees Motion to Approve Compromise with Timothy Durham, #6 Exhibit 6, Trustees Complaint to Avoid Fraudulent Transfers Against National Lampoon, #7 Exhibit 7, Trustees Motion to Approve Compromise with National Lampoon, #8 Exhibit 8, Order Approving Compromise of Claims by the Trustee Against National Lampoon, #9 Exhibit 9, Superseding Indictment, #10 Exhibit 10, Application to Proceed without Prepaying Fees or Costs on Appeal, #11 Exhibit 11, Order to Proceed Without Prepaying Fees or Costs on Appeal, #12 Exhibit 12, Second Amended Judgment in a Criminal CAse, #13 Exhibit 13, National Lampoon's Answer to Trustees Amended Complaint, #14 Exhibit 14, Deleware Court Order, #15 Text of Proposed Order)(Loveless, Andrea)
June 27, 2017 Filing 173 BRIEF/MEMORANDUM in Support re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham as Amended and Pursuant to Court Order (Doc. 172), filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
June 26, 2017 Opinion or Order Filing 172 ORDER granting #169 Motion for Leave to File Amendment to Plaintiff's Brief in Support of its #156 Motion for Summary Judgment and Request for Judicial Notice in Support Thereof - National Lampoon's Amended Motion for Summary Judgment and Amended Request for Judicial Notice shall be filed within five (5) days of the date of this Order. SEE ORDER. Signed by Judge Richard L. Young on 6/26/2017. (JRB)
June 7, 2017 Opinion or Order Filing 171 ORDER granting Plaintiff/Counter-Defendant National Lampoon's #168 Motion to Seal Docket Number 167. Signed by Magistrate Judge Tim A. Baker on 6/7/2017. (SWM)
June 2, 2017 Filing 170 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Ryan Andrew Ellis hereby notifies the Clerk of the court of changed contact information. (Ellis, Ryan)
June 2, 2017 Filing 169 MOTION for Leave to File Amendment to Plaintiff's Brief in Support of its Motion for Summary Judgment and Request for Judicial Notice in Support Thereof, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Exhibit AA, Plaintiff's Proposed Amended Brief in Support of Motion for Summary Judgment, #2 Exhibit BB, Plaintiff's Proposed Amended Request for Judicial Notice in Support of Motion for Summary Judgment, #3 Exhibit 1 to RJN, SEC filing, #4 Exhibit 2 to RJN, 10Q filing, #5 Exhibit 3 to RJN, Bash Assignment Motion, #6 Exhibit 4 to RJN, Settlement notice, #7 Exhibit 5 to RJN, Order granting assignment, #8 Exhibit 6 to RJN, Bash Complaint, #9 Exhibit 7 to RJN, Bash Motion approve settlement, #10 Exhibit 8 to RJN, Order to approve settlement, #11 Exhibit 9 to RJN, Durham indictment, #12 Exhibit 10to RJN, Durham application, #13 Exhibit 11 to RJN, Order on Application, #14 Exhibit 12 to RJN, Criminal Judgment, #15 Exhibit 13 to RJN, Answer to Bash Complaint, #16 Exhibit 14 to RJN, Revised Final Order, #17 Text of Proposed Order to Grant Leave to Amend)(Loveless, Andrea)
May 31, 2017 Filing 168 Unopposed MOTION to Maintain Document Under Seal #167 SEALED Document (Case Participants - doc) , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Affidavit Declaration of Andrea S. Loveless, #2 Exhibit Exhibit 1, email chain, #3 Exhibit Exhibit 2, Redacted National Lampoon's Confidential Stock Ledger,, #4 Text of Proposed Order Proposed Order to Motion to Seal)(Loveless, Andrea)
May 31, 2017 Filing 167 *** SEALED PER ORDER DATED 6/7/2017 *** SEALED EXHIBIT TO NATIONAL LAMPOON'S MOTION FOR LEAVE TO SEAL, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea) Modified on 6/7/2017 (SWM).
May 3, 2017 Filing 166 Witness List and Exhibit List, filed by Counter Claimant TIM DURHAM, Defendant TIM DURHAM. (Plopper, Stephen)
May 2, 2017 Filing 165 Witness List , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC., Exhibit List , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
May 2, 2017 Filing 164 Witness List , filed by Intervenor Plaintiff BRIAN A. BASH, Exhibit List , filed by Intervenor Plaintiff BRIAN A. BASH. (DeNeal, Dustin)
March 13, 2017 Filing 163 REPLY in Support of Motion re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
March 6, 2017 Filing 162 RESPONSE in Opposition re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham , filed by Counter Claimants TIM DURHAM, TIM DURHAM, Defendant TIM DURHAM. (Attachments: #1 Exhibit Emails re: resignation, #2 Exhibit Emails re: 1099, #3 Exhibit Emails re: stock, #4 Exhibit Emails re: board)(Plopper, Stephen)
February 22, 2017 Filing 161 RESPONSE in Opposition re #159 MOTION for Summary Judgment , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Affidavit Affidavit of Cora Victoriano in Support, #2 Exhibit A, Email regarding aprroval to wire funds)(Loveless, Andrea)
February 6, 2017 Filing 160 BRIEF/MEMORANDUM in Support re #159 MOTION for Summary Judgment , filed by Counter Claimants TIM DURHAM, TIM DURHAM, Defendant TIM DURHAM. (Attachments: #1 Exhibit Exhibit A - Assignment Agreement, #2 Exhibit Exhibit B - Settlement Agreement, #3 Exhibit Exhibit C - IRS Form 1099-Misc, #4 Exhibit Exhibit D - Contingency Fee Agreement, #5 Exhibit Exhibit E - Indy Star Article, #6 Exhibit Exhibit F - Stock Distribution Letter)(Plopper, Stephen)
February 6, 2017 Filing 159 MOTION for Summary Judgment , filed by Counter Claimants TIM DURHAM, TIM DURHAM, Defendant TIM DURHAM. (Attachments: #1 Text of Proposed Order)(Plopper, Stephen)
February 5, 2017 Filing 158 Appendix of Exhibits in Support of Motion re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham and Request for Judicial Notice with Proposed Order, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Exhibit Exhibit 1 - Form 8-K Current Report, #2 Exhibit Exhibit 2 - Form 10-Q Quarterly Report, #3 Exhibit Exhibit 3 - Trustees Motion to Approve Compromise with Timothy Durham, #4 Exhibit Exhibit 4 - Notice of Execution of Assignment Agreement, #5 Exhibit Exhibit 5 - Order Approving Trustees Motion to Approve Compromise with Timothy Durham, #6 Exhibit Exhibit 6 - Trustees Complaint to Avoid Fraudulent Transfers Against National Lampoon, #7 Exhibit Exhibit 7 - Trustees Motion to Approve Compromise with National Lampoon, #8 Exhibit Exhibit 8 - Order Approving Compromise of Claims by the Trustee Against National Lampoon, Inc., #9 Exhibit Exhibit 9 - Superseding Indictment, #10 Exhibit Exhibit 10 - Application to Proceed Without Prepaying Fees or Costs on Appeal, #11 Exhibit Exhibit 11 - Order to Proceed Without Prepaying Fees or Costs on Appeal, #12 Exhibit Exhibit 12 - Second Amended Judgment in a Criminal Case, #13 Exhibit Exhibit 13 - National Lampoons Answer to Trustees Amended Complaint, #14 Text of Proposed Order)(Loveless, Andrea)
February 5, 2017 Filing 157 BRIEF/MEMORANDUM in Support re #156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
February 5, 2017 Filing 156 MOTION for Summary Judgment Against Defendant/Counter-Plaintiff TimothyDurham, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
January 26, 2017 Filing 155 MARGINAL ENTRY denying Parties' #154 Motion to continue deadline for dispositive motions. The Court previously enlarged the dispositive motions deadline and advised counsel that they should not anticipate further enlargement of this deadline. This motion does not provide good cause for revisiting this conclusion or otherwise enlarging this deadline. Signed by Magistrate Judge Tim A. Baker on 1/26/2017. (SWM)
January 23, 2017 Filing 154 Joint MOTION TO CONTINUE DEADLINE FOR DISPOSITIVE MOTIONS, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Text of Proposed Order)(Loveless, Andrea)
December 20, 2016 Filing 153 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Andrea S Loveless hereby notifies the Clerk of the court of changed contact information. (Loveless, Andrea)
November 23, 2016 Filing 152 Witness List Preliminary, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC., Exhibit List Preliminary, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Loveless, Andrea)
November 14, 2016 Opinion or Order Filing 151 ORDER granting #149 Motion to Appear pro hac vice. Attorney Andrea S Loveless for NATIONAL LAMPOON INC. added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Andrea S. Loveless via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/14/2016. (SWM)
November 3, 2016 Filing 150 Witness List and Exhibit List (Preliminary), filed by Defendant TIM DURHAM. (Plopper, Stephen)
November 3, 2016 Filing 149 MOTION for Attorney(s) Andrea S. Loveless to Appear pro hac vice filed by Ryan A. Ellis, Esq. (Filing fee $100, receipt number 0756-4113285), filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Exhibit Exhibit A-Certification of Andrea S. Loveless, #2 Text of Proposed Order)(Ellis, Ryan)
November 2, 2016 Opinion or Order Filing 148 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 2/6/2017. The parties should not anticipate enlargements of the summary judgment briefing deadlines. The parties shall serve a copy of their settlement demand/response on the Magistrate Judge at the time of service. Signed by Magistrate Judge Tim A. Baker on 11/2/2016.(CBU)
October 25, 2016 Filing 147 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Intervenor Plaintiff BRIAN A. BASH . (DeNeal, Dustin)
October 12, 2016 Opinion or Order Filing 146 ORDER granting Plaintiff's #143 Motion for Joinder: Plaintiff can join in Intervenor/Cross-Plaintiff Brian A. Bash's Motion for Reconsideration re Document 140 Order: Case Management Scheduling Order filed on September 19, 2016 (Document 142). Signed by Magistrate Judge Tim A. Baker on 10/12/2016. (SWM)
October 12, 2016 Opinion or Order Filing 145 ORDER granting Intervenor's #142 Motion for Reconsideration: The September 19, 2016 marginal entry is hereby set aside and of no further force or effect. The parties to this action shall meet and confer regarding a proposed case management plan and shall file an agreed case management plan, or a statement that the parties are unable to agree on a proposed case management plan, on or before October 25, 2016. The Court shall hold a status conference to discuss a proposed case management plan on October 31, 2016, at 2:30 p.m.. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. Signed by Magistrate Judge Tim A. Baker on 10/12/2016.(SWM)
September 30, 2016 Opinion or Order Filing 144 SCHEDULING ORDER: Bench Trial set for 8/30/2017 at 09:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Final Pretrial Conference set for 8/17/2017 at 11:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young on 9/30/2016.(JRB)
September 26, 2016 Filing 143 MOTION for Joinder , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Text of Proposed Order)(Ellis, Ryan)
September 19, 2016 Filing 142 MOTION for Reconsideration re #140 Order: Case ManagementScheduling Order Intervenor Brian A. Bash's Motion to Reconsider September 19, 2016 Marginal Entry, filed by Intervenor Plaintiff BRIAN A. BASH. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Proposed Case Management Plan))(DeNeal, Dustin)
September 19, 2016 Filing 141 RESPONSE in Opposition Intervenor Brian A. Bash's Response to Case Management Plan Proposed by Defendant Timothy S. Durham, filed by Intervenor Plaintiff BRIAN A. BASH. (Attachments: #1 Exhibit A (Redline Proposed Case Management Plan), #2 Exhibit B (Proposed Case Management Plan))(DeNeal, Dustin)
September 16, 2016 Opinion or Order Filing 140 ORDER: CASE MANAGEMENT PLAN APPROVED, but amended to reflect that because of the December 1, 2016, dispositive motions deadline, the Magistrate Judge does not recommend a trial date before July 1, 2017. Dispositive Motions due by 12/1/2016. Discovery due by 11/1/2016. Signed by Magistrate Judge Tim A. Baker on 9/16/2016.(SWM)
September 6, 2016 Filing 139 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimants TIM DURHAM, TIM DURHAM, Defendant TIM DURHAM . (Plopper, Stephen)
August 23, 2016 Opinion or Order Filing 138 MARGINAL ENTRY: The show cause order [Filing No. 135] is discharged. Within 14 days Defendant Timothy Durham shall file a proposed Case Management Plan or other proposal for moving this case toward conclusion. Signed by Magistrate Judge Tim A. Baker on 8/23/2016.(SWM)
August 15, 2016 Filing 137 NOTICE of Cause, filed by Defendant TIM DURHAM (Attachments: #1 Exhibit Exhibit A - Stipulated Notice of Dismissal, #2 Exhibit Exhibit B - Settlement Agreement, #3 Exhibit Exhibit C - Assignment Agreement, #4 Exhibit Exhibit D - Power of Attorney) (Plopper, Stephen)
August 4, 2016 Opinion or Order Filing 136 ORDER - On July 14, 2016, the parties were ordered to show cause, if any, by August 4, 2016, why this action should not be dismissed with prejudice. [Filing No. 135.] On August 2, 2016, the Court received notification that counsel for Defendant was experiencing some medical complications. As a result, the Court on its own motion enlarges the show cause response deadline from August 4, 2016, to August 15, 2016. Signed by Magistrate Judge Tim A. Baker on 8/4/2016.(MGG)
July 15, 2016 Opinion or Order Filing 135 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 7/14/2016. Discussion held regarding settlement and related matters. Given the lack of any activity on this case, and the indication from counsel that there is no reason for this case to proceed (except for a possible claim for attorney's fees by Tim Durham's counsel), the parties shall show cause, if any, by August 4, 2016, why this action should not be dismissed with prejudice. Signed by Magistrate Judge Tim A. Baker. (SWM)
June 15, 2016 Opinion or Order Filing 134 ORDER granting #132 Motion to Appear pro hac vice. Attorney Breaden M. Douthett for BRIAN A. BASH added. Signed by Magistrate Judge Tim A. Baker on 6/15/2016. (CBU)
June 10, 2016 Filing 133 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Dustin R. DeNeal hereby notifies the Clerk of the court of changed contact information. (Kelly S. Burgan) (DeNeal, Dustin)
June 10, 2016 Filing 132 MOTION for Attorney(s) Breaden M. Douthett to Appear pro hac vice (Filing fee $100, receipt number 0756-3925684), filed by Intervenor Plaintiff Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Exhibit A (Certification of Breaden M. Douthett), #2 Text of Proposed Order)(DeNeal, Dustin)
June 7, 2016 Opinion or Order Filing 131 SCHEDULING ORDER: Status Conference set for 7/14/2016 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 6/7/2016.(SWM)
June 18, 2015 Filing 130 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Dustin R. DeNeal hereby notifies the Clerk of the court of changed contact information. (DeNeal, Dustin)
April 27, 2015 Opinion or Order Filing 129 ORDER granting Parties' #128 Joint Motion for Continuance: IT IS THEREFORE ORDERED that the currently scheduled settlement conference set for April 30, 2015 at 9:00 am EDT is hereby vacated and will be rescheduled by separate order if necessary. Signed by Magistrate Judge Tim A. Baker on 4/27/2015.(SWM)
April 24, 2015 Filing 128 Joint MOTION for Continuance , filed by Intervenor Plaintiff Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Text of Proposed Order)(DeNeal, Dustin)
January 23, 2015 Opinion or Order Filing 127 ORDER TO MAKE DEFENDANT AVAILABLE BY TELEPHONE for Court Proceedings currently scheduled for 4/30/2015 at 9:00 a.m. (Indianapolis Time). See Order for additional information. Copy to Counselor Resch and Mr. Terry Browder via US Mail. Signed by Magistrate Judge Tim A. Baker on 1/23/2015.(SWM)
January 22, 2015 Opinion or Order Filing 126 ORDER granting #125 Motion for Continuance. Settlement Conference currently scheduled for January 23, 2015, is vacated and reset for 9:00 a.m. on April 30, 2015, in Room 234. All deadlines and requirements set out in the Court's order originally setting this settlement conference [Filing No. 123] remain in effect. Signed by Magistrate Judge Tim A. Baker on 1/22/2015. Copy sent via US Mail.(DW)
January 20, 2015 Filing 125 Joint MOTION for Continuance of Settlement Conference, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, Intervenor Defendant NATIONAL LAMPOON INC.. (Attachments: #1 Text of Proposed Order)(Ellis, Ryan)
November 18, 2014 Opinion or Order Filing 124 ORDER TO MAKE DEFENDANT AVAILABLE BY TELEPHONE for Settlement Conference scheduled for 1/23/2015 at 1:30 p.m. (Indianapolis time). Copy to Counselor Resch and Terry Browder via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/18/2014.(SWM)
November 18, 2014 Opinion or Order Filing 123 ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 1/23/2015 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 11/18/2014.(SWM)
October 31, 2014 Opinion or Order Filing 122 ORDER granting Parties' #121 Joint Motion for Continuance: The currently scheduled settlement conference set for November 3, 2014 at 9:00 am EST is hereby vacated and will be rescheduled by separate order. Signed by Magistrate Judge Tim A. Baker on 10/31/2014.(SWM)
October 30, 2014 Filing 121 Joint MOTION for Continuance , filed by Intervenor Plaintiff Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Text of Proposed Order)(DeNeal, Dustin)
September 5, 2014 Opinion or Order Filing 120 ORDER TO MAKE PLAINTIFF AVAILABLE BY TELEPHONE: This matter is set for a settlement conference at 9 a.m. (Indianapolis time) on November 3, 2014. Counsel for Defendant Tim Durham, Reg. No. 60452-112, has represented to the Court that Defendant Tim Durham is currently incarcerated in the McCreary U.S. Penitentiary and that Durham is expected to remain incarcerated through the date of the settlement conference and beyond. Therefore, it will be necessary for Durham to participate in the settlement conference telephonically. Copy to McCreary U.S. Penitentiary, 330 Federal Way, Pine Knot, Kentucky 42635, in care of Counselor Resch and Mr. Terry Browder, Case Manager via US Mail. Signed by Magistrate Judge Tim A. Baker on 9/5/2014.(SWM)
September 5, 2014 Opinion or Order Filing 119 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 8/28/2014. Discussion held regarding case status, settlement, and related matters. Settlement Conference set for 9/17/2014 is vacated and reset for 11/3/2014 at 9:00 AM in Room #234, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker. (ADH)
July 8, 2014 Opinion or Order Filing 118 SCHEDULING ORDER - A Settlement Conference is set for 9/17/2014 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Unless excused by order of the Court, clients must appear in-person at the settlement conference along with counsel. With respect to corporate, governmental, and other organizational entities, an authorized client representative with authority to negotiate and communicate a settlement must appear in-person at the settlement conference along with their counsel. ***SEE ORDER***. Signed by Magistrate Judge Tim A. Baker on 7/8/2014. (copy via US Mail to Kelly Burgan) (JKS)
July 3, 2014 Opinion or Order Filing 117 SCHEDULING ORDER: Status Conference set for 8/28/2014 01:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall contact the Court at 317-229-3660. The purpose of this conference is to address the status of settlement. Copy to Kelly S. Burgan via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/3/2014.(SWM)
July 2, 2014 Filing 116 STATUS REPORT by TIM DURHAM. (Plopper, Stephen)
July 2, 2014 Filing 115 STATUS REPORT Intervenor Brian A. Bash's Status Report Regarding Settlement by Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (DeNeal, Dustin)
July 1, 2014 Filing 114 STATUS REPORT REGARDING SETTLEMENT by NATIONAL LAMPOON INC, NATIONAL LAMPOON INC.. (Ellis, Ryan)
June 4, 2014 Opinion or Order Filing 113 ORDER granting #110 Motion to Appear pro hac vice. Attorney Kelly S. Burgan for Brian A. Bash, Chapter 7 Trustee for Fair Finance Company added. Signed by Magistrate Judge Tim A. Baker on 6/3/2014. (DW)
June 3, 2014 Opinion or Order Filing 112 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 6/3/2014. Discussion held regarding discovery, settlement, and related matters. All deadlines are stayed. The parties shall file a status report regarding settlement by 7/1/2014. Signed by Magistrate Judge Tim A. Baker. (ADH)
June 2, 2014 Filing 111 RECEIPT #IP041028 for PHV fee in the amount of $30.00, paid by Faegre Baker Daniels LLP. (AAM)
June 2, 2014 Filing 110 MOTION for Attorney(s) Kelly S. Burgan to Appear pro hac vice (No fee paid with this filing), filed by Intervenor Plaintiff Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Exhibit A (Certification of Kelly S. Burgan), #2 Text of Proposed Order)(DeNeal, Dustin)
May 22, 2014 Opinion or Order Filing 109 ORDER SETTING TELEPHONIC STATUS CONFERENCE: This cause is set for a telephonic status conference at 10:00 a.m. on June 3, 2014. Parties shall participate in this conference by counsel, who shall contact the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 5/22/2014.(DW)
May 19, 2014 Opinion or Order Filing 108 ORDER denying National Lampoon's #64 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Richard L. Young on 5/19/2014. (TMD)
April 10, 2014 Filing 107 NOTICE of Parties' First Extension of Time, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC. (Ellis, Ryan)
April 3, 2014 Filing 106 RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim Brief Of Intervenor Brian A. Bash, Chapter 7 Trustee For The Fair Finance Company, In Opposition To The Plaintiff's Motion To Dismiss Defendant Timothy Durham's Counterclaims, filed by Intervenor Plaintiff Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Exhibit A (National Lampoon's Supplemental Response to Special Interrogatory No. 12))(DeNeal, Dustin)
April 2, 2014 Opinion or Order Filing 105 ORDER (Marginal Notation): Motion #100 denied as moot given that the trustee has been allowed to intervene. Signed by Magistrate Judge Tim A. Baker on 4/2/2014. (DW)
February 21, 2014 Filing 104 Intervenor Cross - COMPLAINT, filed by Brian A. Bash, Chapter 7 Trustee for Fair Finance Company.(DW)
February 21, 2014 Opinion or Order Filing 103 ORDER granting #98 Motion to Intervene. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the Trustee's motion to intervene in this case pursuant to Rule 24 of the Federal Rules of Civil Procedures is GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Cross-Complaint attached to the Motion as Exhibit F is deemed filed as of the date of the entry of this Order. Signed by Magistrate Judge Tim A. Baker on 2/21/2014. (DW)
February 20, 2014 Filing 102 BRIEF/MEMORANDUM in Support re #100 MOTION for Leave to File Amicus Curiae Brief in Opposition to the Plaintiff's Motion to Dismiss Defendant Timothy Durham's Counterclaims , filed by Intervenor Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (DeNeal, Dustin)
February 19, 2014 Filing 101 RESPONSE in Opposition re #100 MOTION for Leave to File Amicus Curiae Brief in Opposition to the Plaintiff's Motion to Dismiss Defendant Timothy Durham's Counterclaims , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Text of Proposed Order)(Ellis, Ryan)
February 5, 2014 Filing 100 MOTION for Leave to File Amicus Curiae Brief in Opposition to the Plaintiff's Motion to Dismiss Defendant Timothy Durham's Counterclaims, filed by Intervenor Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Amicus Curiae Brief, #2 Text of Proposed Order)(DeNeal, Dustin)
January 27, 2014 Opinion or Order Filing 99 ORDER denying as moot Defendant Tompkins' #84 Motion to Dismiss for Failure to State a Claim. Signed by Judge Richard L. Young on 1/27/2014. (TMD) (Main Document 99 replaced on 1/27/2014) (TMD).
January 27, 2014 Filing 98 MOTION to Intervene , filed by Intervenor Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Attachments: #1 Exhibit A (Corazon Victoriano), #2 Exhibit B (Daniel Laikin Criminal Judgment), #3 Exhibit C (National Lampoon, Inc. Form 10-K), #4 Exhibit D (Offering Circular), #5 Exhibit E (Report and Recommendation After Trial), #6 Exhibit F (Intervenor's Cross-Complaint))(Jaffe, Jay)
January 27, 2014 Filing 97 NOTICE of Appearance by Dustin R. DeNeal on behalf of Intervenor Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (DeNeal, Dustin)
January 27, 2014 Filing 96 NOTICE of Appearance by Jay Jaffe on behalf of Intervenor Brian A. Bash, Chapter 7 Trustee for Fair Finance Company. (Jaffe, Jay)
January 9, 2014 Filing 95 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nicholas E. Plopper hereby notifies the Clerk of the court of changed contact information. (Plopper, Nicholas)
January 9, 2014 Filing 94 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Stephen Edwards Plopper hereby notifies the Clerk of the court of changed contact information. (Plopper, Stephen)
January 9, 2014 Filing 93 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Ryan Andrew Ellis hereby notifies the Clerk of the court of changed contact information. (Ellis, Ryan)
December 27, 2013 Filing 92 DISMISSAL - BRADY LORY (an individual), PAT MASTRIAN (an individual), JOHN TOMPKINS (an individual), RICHARD BROWN (an individual) and BROWN TOMPKINS LORY AND MASTRIAN (a law firm doing business in Indiana) dismissed with prejudice, per stipulaton. Parties to bear own costs and fees. Signed by Judge Richard L. Young on 12/27/2013.(TMD)
December 23, 2013 Filing 91 STIPULATION of Dismissal , filed by Defendants RICHARD BROWN, BRADY LORY, PAT MASTRIAN, JOHN TOMPKINS, Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Text of Proposed Order)(Bowling, Joseph)
December 20, 2013 Opinion or Order Filing 90 ORDER granting Defendant John Tompkins' #87 Motion for Extension of Time to File Reply to 12/30/2013 re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Tim A. Baker on 12/20/2013. (SWM)
December 18, 2013 Filing 89 NOTICE of Appearance by Dina M. Cox on behalf of Defendants RICHARD BROWN, BRADY LORY, PAT MASTRIAN. (Cox, Dina)
December 18, 2013 Filing 88 NOTICE of Appearance by Joseph Neal Bowling on behalf of Defendants RICHARD BROWN, BRADY LORY, PAT MASTRIAN. (Bowling, Joseph)
December 16, 2013 Filing 87 MOTION for Extension of Time to December 30, 2013 to file reply to #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JOHN TOMPKINS. (Attachments: #1 Text of Proposed Order )(Bowling, Joseph) Modified on 12/17/2013 (NMT).
December 6, 2013 Filing 86 BRIEF in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , (BRIEF IN SUPPORT of #85 Response), filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC. (Ellis, Ryan) Modified on 12/12/2013 (TMD).
December 6, 2013 Filing 85 RESPONSE in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Text of Proposed Order)(Ellis, Ryan)
November 25, 2013 Filing 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JOHN TOMPKINS. (Attachments: #1 Brief in Support, #2 Text of Proposed Order proposed Order)(Bowling, Joseph)
November 21, 2013 Filing 83 NOTICE of Plaintiff's Request for its Motion to Dismiss Defendant Timothy Durham's Counterclaims to Remain at Issue and Stay on Court's Docket, filed by Counter Defendants NATIONAL LAMPOON INC, NATIONAL LAMPOON INC, Plaintiff NATIONAL LAMPOON INC, re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim, #69 Reply in Support of Motion, #68 Response in Opposition to Motion, #65 Exhibit in Support, #67 Response in Opposition to Motion, #66 Brief/Memorandum in Support of Motion. (Ellis, Ryan)
November 20, 2013 Filing 82 NOTICE of Parties' First Extension of Time, filed by Defendants BRADY LORY, PAT MASTRIAN. (Attachments: #1 Exhibit J. Taylor - A. Loveless email exchange) (Taylor, John)
November 20, 2013 Filing 81 NOTICE of Parties' First Extension of Time, filed by Defendant RICHARD BROWN. (Attachments: #1 Exhibit J. Taylor - A. Loveless email exchange) (Taylor, John)
November 20, 2013 Filing 80 NOTICE of Appearance by John Edward Taylor on behalf of Defendant RICHARD BROWN. (Taylor, John)
November 20, 2013 Filing 79 NOTICE of Appearance by John Edward Taylor on behalf of Defendants BRADY LORY, PAT MASTRIAN. (Taylor, John)
November 18, 2013 Filing 78 NOTICE of Initial Enlargement of Time to Respond to Amended Complaint, filed by Defendant JOHN TOMPKINS, re #73 Amended Complaint. (Bowling, Joseph)
November 13, 2013 Filing 77 ANSWER to #73 Amended Complaint , COUNTERCLAIM against NATIONAL LAMPOON INC, filed by TIM DURHAM.(Plopper, Stephen)
October 31, 2013 Filing 76 Summons Issued as to RICHARD BROWN. (NMT)
October 31, 2013 Filing 75 Summons Issued as to BRADY LORY. (NMT)
October 31, 2013 Filing 74 Summons Issued as to PAT MASTRIAN. (NMT)
October 30, 2013 Filing 73 AMENDED COMPLAINT against All Defendants, filed by NATIONAL LAMPOON INC. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons)(Ellis, Ryan)
October 29, 2013 Opinion or Order Filing 72 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED: Discovery due by 5/5/2014. Dispositive Motions due by 6/9/2014. Signed by Magistrate Judge Tim A. Baker on 10/29/2013.(DW)
October 29, 2013 Opinion or Order Filing 71 ORDER granting Plaintiff's #53 Motion for Leave to File First Amended Complaint within 10 days of the date of this Entry. Signed by Judge Richard L. Young on 10/29/2013. (TMD)
October 16, 2013 Filing 70 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimant TIM DURHAM, Defendants TIM DURHAM, JOHN TOMPKINS, Plaintiff NATIONAL LAMPOON INC, Counter Defendant NATIONAL LAMPOON INC . (Ellis, Ryan)
October 10, 2013 Filing 69 REPLY in Support of Motion re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim , filed by Plaintiff NATIONAL LAMPOON INC, Counter Defendant NATIONAL LAMPOON INC. (Ellis, Ryan)
October 3, 2013 Filing 68 BRIEF in Support of #67 RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim - Brief, filed by Counter Claimant TIM DURHAM. (Attachments: #1 Exhibit Form 1099)(Plopper, Stephen) Modified on 10/4/2013 (NRN).
October 3, 2013 Filing 67 RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim , filed by Counter Claimant TIM DURHAM. (Plopper, Stephen)
September 19, 2013 Filing 66 BRIEF/MEMORANDUM in Support re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim , filed by Plaintiff NATIONAL LAMPOON INC, Counter Defendant NATIONAL LAMPOON INC. (Ellis, Ryan)
September 18, 2013 Filing 65 EXHIBIT in Support of Motion re #64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim Request for Judicial Notice, filed by Plaintiff NATIONAL LAMPOON INC, Counter Defendant NATIONAL LAMPOON INC. (Attachments: #1 Exhibit 1, Application to Proceed Without Prepaying Fees or Costs on Appeal, #2 Exhibit 2, Status Report for August 27, 2013 Status Conference (excerpts), #3 Exhibit 3, Judgment Entry, #4 Exhibit 4, Trustees Motion to Approve Compromise with Diamond Investments, LLC and Obsidian Enterprises, Inc., #5 Exhibit 5, Order Approving Compromise, Nunc Pro Tunc, and Denying Motion for Leave to File a Late Objection to the Trustees Motion to Approve Compromise with Diamond Investments, LLC)(Ellis, Ryan)
September 18, 2013 Filing 64 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative for Failure to State a Claim, filed by Plaintiff NATIONAL LAMPOON INC, Counter Defendant NATIONAL LAMPOON INC. (Attachments: #1 Text of Proposed Order)(Ellis, Ryan)
September 17, 2013 Opinion or Order Filing 63 SCHEDULING ORDER: Initial Pretrial Conference set for 10/24/2013 02:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP (see Order for additional information) c/m. Signed by Magistrate Judge Tim A. Baker on 9/17/2013.(SWM)
September 5, 2013 Filing 62 Surreply in Opposition re #53 First MOTION for Leave to File First Amended Complaint, filed by Defendant JOHN TOMPKINS. (SWM)
September 5, 2013 Opinion or Order Filing 61 ORDER granting Deft John Tompkins' #60 Motion for Leave to File sur-reply in opposition to Pltf's motion for leave to file first amended complaint. Signed by Magistrate Judge Tim A. Baker on 9/5/2013. (SWM) Modified on 9/6/2013 (SWM).
August 30, 2013 Filing 60 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff National Lampoons Motion for Leave to File First Amended Complaint, filed by Defendant JOHN TOMPKINS. (Attachments: #1 Exhibit Defendant's proposed Sur-Reply, #2 Text of Proposed Order proposed Order)(Bowling, Joseph)
August 28, 2013 Filing 59 Defendant Tim Durham's ANSWER to Complaint , COUNTERCLAIM against NATIONAL LAMPOON INC, filed by TIM DURHAM.(Plopper, Stephen)
August 28, 2013 Opinion or Order Filing 58 ORDER granting #54 Motion to Withdraw Attorney Appearance. Attorney William O. Martin, Jr and Nancy Van Zile Stewart withdrawn c/m. Signed by Magistrate Judge Tim A. Baker on 8/28/2013. (SWM)
August 27, 2013 Filing 57 REPLY in Support of Motion re #53 First MOTION for Leave to File First Amended Complaint , filed by Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D")(Ellis, Ryan)
August 23, 2013 Opinion or Order Filing 56 ORDER granting #52 Motion to Withdraw Attorney Appearance. Attorney Meagan E Garland; Janice P Brown and Stacy L Fode withdrawn c/m. Signed by Magistrate Judge Tim A. Baker on 8/23/2013. (SWM)
August 20, 2013 Filing 55 RESPONSE in Opposition re #53 First MOTION for Leave to File First Amended Complaint , filed by Defendant JOHN TOMPKINS. (Attachments: #1 Exhibit Affidavit of Pat Mastrian, #2 Exhibit Affidavit of Richard Brown, #3 Exhibit Affidavit of Brady Lory)(Bowling, Joseph)
August 15, 2013 Filing 54 MOTION to Withdraw Attorney Appearances of William Martin and Nancy V.Z. Stewart, filed by Defendant JOHN TOMPKINS. (Attachments: #1 Letter, #2 Text of Proposed Order)(PG)
August 6, 2013 Filing 53 First MOTION for Leave to File First Amended Complaint, filed by Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Exhibit Exhibit A - Proposed First Amended Complaint, #2 Text of Proposed Order Order on Motion for Leave to File First Amended Complaint)(Ellis, Ryan)
August 2, 2013 Filing 52 MOTION to Withdraw Attorney Appearance by Meagan E. Garland on behalf of the Brown Law Group, c/s filed by Defendant TIM DURHAM. (Attachments: #1 Text of Proposed Order, #2 Envelope)(MAC)
August 2, 2013 Filing 51 Statement of Position Pursuant to Local Rule 16-2 by JOHN TOMPKINS. (Bowling, Joseph)
July 31, 2013 Filing 50 NOTICE of Parties' First Extension of Time, filed by Defendant TIM DURHAM. (Plopper, Stephen)
July 31, 2013 Filing 49 Statement of Position Pursuant to Local Rule 16-2 by TIM DURHAM. (Plopper, Stephen)
July 31, 2013 Filing 48 Statement of Position Pursuant to Local Rule 16-2 by NATIONAL LAMPOON INC. (Ellis, Ryan)
July 25, 2013 Opinion or Order Filing 47 ORDER: The Court notes that attorney Nancy Van Zile Stewart, for Defendant John Tompkins, and attorneys Janice P. Brown, Meagan E. Garland, and Stacy L. Fode, for Defendant Tim Durham, are not registered for the Court's electronic filing system, in violation of Local Rule 5-3(b). It is the responsibility of all counsel to register to use the Court's electronic filing system so that they may receive electronic notice of case activity. Information on how to register may be found on the Court's website at http://www.insd.uscourts.gov. In addition, the Court notes that attorney Stephen E. Plopper is registered with the Court at two different addresses. Local Rule 5-3 also requires attorneys to notify the Clerk of address, telephone number, or e-mail changes. Counsel shall have 7 days to comply with Local Rule 5- 3 c/m. Signed by Magistrate Judge Tim A. Baker on 7/25/2013.(SWM)
July 22, 2013 Opinion or Order Filing 46 ORDER granting Ryan A. Ellis' #45 Motion to Appear pro hac vice on behalf of the Plaintiff c/m. Signed by Magistrate Judge Tim A. Baker on 7/22/2013. (SWM)
July 17, 2013 Filing 45 MOTION for Attorney Ryan A. Ellis to Appear pro hac vice (Filing fee $30.00, receipt number IP036496), filed by Plaintiff NATIONAL LAMPOON INC. (Attachments: #1 Text of Proposed Order, #2 Receipt)(CBU)
July 17, 2013 Opinion or Order Filing 44 ORDER granting #37 Motion to Withdraw Attorney Appearance. Attorney Joseph Neal Bowling withdrawn on behalf of Brown Tompkins Lory & Mastrian c/m.. Signed by Magistrate Judge Tim A. Baker on 7/17/2013. (SWM)
July 15, 2013 Filing 43 NOTICE of Appearance by Nicholas E. Plopper on behalf of Defendant TIM DURHAM. (Plopper, Nicholas)
July 15, 2013 Filing 42 NOTICE of Appearance by Stephen Edwards Plopper on behalf of Defendant TIM DURHAM. (Plopper, Stephen)
July 15, 2013 Filing 41 NOTICE of Reassignment of Case to Magistrate Judge Tim A. Baker. Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:13-cv-1094-RLY-TAB, on all future filings in this matter. (DJH)
July 15, 2013 Opinion or Order Filing 40 ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Magistrate Judge Mark J. Dinsmore on 7/15/2013. (NLR)
July 12, 2013 Filing 39 NOTICE of Appearance by Dina M. Cox on behalf of Defendant John Tompkins. (Cox, Dina)
July 12, 2013 Filing 38 NOTICE of Appearance by Joseph Neal Bowling on behalf of Defendant John Tompkins. (Bowling, Joseph)
July 12, 2013 Filing 37 MOTION to Withdraw Attorney Appearance , filed by Defendant John Tompkins. (Attachments: #1 Text of Proposed Order proposed Order) Motions referred to Mark J. Dinsmore.(Bowling, Joseph)
July 11, 2013 Filing 36 NOTICE of Appearance by Joseph Neal Bowling on behalf of Defendants Brown Tompkins Lory and Mastrian, John Tompkins. (Bowling, Joseph)
July 8, 2013 Filing 35 Case transferred in from District of California Central; Case Number 2:13-cv-03023. Original file copy of transfer order and docket sheet received.
July 5, 2013 Opinion or Order Filing 34 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Pursuant to Plaintiff's Notice of Consent #33 and this Court's 6/27/2013 Order #32 , this Court orders the Clerk to transfer this action to the United States District Court for the Southern Division of Indiana, Indianapolis Division, for the convenience of the parties. Case electronically transferred. (MD JS-6. Case Terminated.) Court Reporter: Not Reported. (Attachments: #1 CV-22 Transmittal Letter) (gk) [Transferred from California Central on 7/8/2013.]
July 5, 2013 Filing 33 NOTICE filed by Plaintiff National Lampoon Inc. of Plaintiff's Consent to Transfer Entire Action to the Southern District of Indiana (Ellis, Ryan) [Transferred from California Central on 7/8/2013.]
June 27, 2013 Opinion or Order Filing 32 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court finds that Defendant John Tompkins' Motion to Dismiss for Lack of Personal Jurisdiction, for Improper Venue, for Failure to State a Claim, or in the Alternative, to Transfer Venue #14 and Defendant Tim Durham's Notice of Joinder in the Motion to Transfer #15 are appropriate for decision without oral argument. the Court grants the Motion to Dismiss for Lack of Personal Jurisdiction filed by Tompkins. The Court denies Durham's Joinder to the Motion to Transfer. As a result of the Court's rulings, Plaintiff has the option to litigate this action against all defendants in the Southern District of Indiana, or to litigate its claims against Durham here in the Central District of California and pursue its claims against Tompkins and his firm in the Southern District of Indiana. To promote judicial efficiency, the Court will provide Plaintiff with the option to transfer this entire action to the Southern District of Indiana rather than having to file a new action there against Tompkins and his firm. Plaintiff shall file a notice with this Court no later than 7/8/2013 indicating if it would like this entire action transferred to the Southern District of Indiana, Indianapolis Division, or if it would instead like to proceed against Durham here. After 7/8/2013, if Plaintiff does not consent to the transfer of this action to the Southern District of Indiana, the Court will dismiss Tompkins and his firm from this action for lack of personal jurisdiction and order Durham to file his Answer to the Complaint. Whether the Complaint states a claim upon which relief can be granted against Tompkins and his firm is for the Southern District of Indiana to determine. The Court therefore declines to address Tompkins' Rule 12(b)(6) Motion. Court Reporter: Not Reported. (gk) [Transferred from California Central on 7/8/2013.]
June 19, 2013 Filing 31 CERTIFICATE OF SERVICE filed by defendant Tim Durham, re APPLICATION for attorney Stephen E Plopper to Appear Pro Hac Vice. (PHV FEE PAID) #30 ; Proposed Order served on 6/14/2013. (jp) [Transferred from California Central on 7/8/2013.]
June 19, 2013 Filing 30 APPLICATION OF NON-RESIDENT Attorney Stephen E Plopper to Appear Pro Hac Vice. (PHV FEE PAID), filed by defendant Tim Durham. Lodged Proposed Order. (jp) (Additional attachment(s) added on 6/20/2013: #1 Proposed Order) (jp). [Transferred from California Central on 7/8/2013.]
June 12, 2013 Opinion or Order Filing 29 DENIED ORDER by Judge Percy Anderson: denying #24 Application to Appear Pro Hac Vice (bp) [Transferred from California Central on 7/8/2013.]
June 11, 2013 Filing 28 REPLY to Plaintiff's Opposition to Motion to Dismss filed by Defendant Tim Durham. (Brown, Janice) [Transferred from California Central on 7/8/2013.]
June 7, 2013 Filing 27 REPLY support MOTION to Dismiss for Lack of Jurisdiction #14 Obj to Evidence filed by Defendant John Tompkins. (Attachments: #1 Declaration Decl of John L. Tompkins)(Martin, William) [Transferred from California Central on 7/8/2013.]
June 7, 2013 Filing 26 REPLY SUPPORT MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendant John Tompkins. (Stewart, Nancy) [Transferred from California Central on 7/8/2013.]
June 7, 2013 Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Stephen Plopper to Appear Pro Hac Vice (PHV FEE NOT PAID.) #24 . The following error(s) was found: A Certification of Good Standing is not attached to Pro Hac Vice Application.Other error(s) with document(s) are specified below. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3 Local counsel does not maintain an office within the District. See LR 83-2.1.3.4. Fees have not been paid. See LR. Fee not paid. See LR 83-2.1.3.3(c).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) [Transferred from California Central on 7/8/2013.]
June 6, 2013 Filing 24 APPLICATION for attorney Stephen Plopper to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Tim Durham. (Attachments: #1 Proposed Order)(Brown, Janice) [Transferred from California Central on 7/8/2013.]
June 6, 2013 Opinion or Order Filing 23 MINUTES OF IN CHAMBERS - ORDER by Judge Percy Anderson: The Court grants Plaintiff National Lampoon, Inc.'s Ex Parte Application for Extension of Time to File Opposition to the Motion to Dismiss or Transfer #19 . Defendants' Replies in Support of the Motion to Dismiss or Transfer shall be filed no later than 6/11/2013. The hearing on Defendant John Tompkins' Motion to Dismiss or Transfer #14 is continued to 6/24/2013 at 1:30 PM. Defendant John Tompkins' Motion to Strike Plaintiff's Opposition #20 is denied. To the extent Tompkins challenges the admissibility of the Declaration, he may file an objection to the evidence at the same time he files his Reply. Defendant John Tompkins' Motion to Strike Declaration of Cora Victoriano #21 is denied as improper. Court Reporter: Not Reported. (gk) [Transferred from California Central on 7/8/2013.]
June 5, 2013 Filing 22 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Withdraw Strike Plaintiff's Opposition to Motion to Dismiss #20 filed by defendant Tim Durham. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Percy Anderson. (Brown, Janice) [Transferred from California Central on 7/8/2013.]
June 5, 2013 Filing 21 NOTICE OF MOTION AND MOTION to Withdraw Motion to Strike Decl of C. Victoriano re: Motion to Dismiss filed by defendant John Tompkins. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Proposed Order)(Stewart, Nancy) [Transferred from California Central on 7/8/2013.]
June 5, 2013 Filing 20 NOTICE OF MOTION AND MOTION to Withdraw Strike Plaintiff's Opposition to Motion to Dismiss filed by defendant John Tompkins. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Proposed Order)(Stewart, Nancy) [Transferred from California Central on 7/8/2013.]
June 5, 2013 Filing 19 EXPARTE APPLICATION for Extension of Time to File Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss filed by Plaintiff National Lampoon Inc. (Attachments: # (1) Proposed Order)(Loveless, Andrea)[Transferred from California Central on 7/8/2013.] Modified on 7/8/2013 (PG).
June 4, 2013 Filing 18 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction #14 , MOTION for Joinder in MOTION to Dismiss for Lack of Jurisdiction #14 #15 filed by Plaintiff National Lampoon Inc. (Attachments: #1 Declaration Cora Victoriano Declaration in Support, #2 Proposed Order)(Ellis, Ryan) [Transferred from California Central on 7/8/2013.]
May 20, 2013 Opinion or Order Filing 17 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Percy Anderson: The Court hereby orders that the request of: National Lampoon, Inc., to substitute Ryan A. Ellis, Esq. as attorney of record in place and stead of Andrea S. Loveless, Esq., granting #16 Request to Substitute Attorney. Attorney Andrea S Loveless terminated (bp) [Transferred from California Central on 7/8/2013.]
May 17, 2013 Filing 16 First REQUEST to Substitute attorney Ryan A. Ellis in place of attorney Andrea S. Loveless filed by Plaintiff National Lampoon Inc. Request set for hearing on 5/24/2013 at 10:00 AM before Judge Percy Anderson. (Attachments: #1 Proposed Order)(Loveless, Andrea) [Transferred from California Central on 7/8/2013.]
May 14, 2013 Filing 15 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendant Tim Durham Tim Durham. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Percy Anderson. (Brown, Janice) [Transferred from California Central on 7/8/2013.]
May 14, 2013 Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant John Tompkins. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proposed Order, #4 Proposed Order)(Martin, William) [Transferred from California Central on 7/8/2013.] Modified on 8/5/2013 (PG).
May 10, 2013 Filing 13 STIPULATION Extending Time to Answer the complaint as to Tim Durham answer now due 6/11/2013, filed by Defendant Tim Durham.(Brown, Janice) [Transferred from California Central on 7/8/2013.]
May 3, 2013 Filing 12 of Interested Parties filed by Defendant Tim Durham, (Brown, Janice) [Transferred from California Central on 7/8/2013.]
May 3, 2013 Filing 11 NOTICE of Appearance filed by attorney Janice P Brown on behalf of Defendant Tim Durham (Brown, Janice) [Transferred from California Central on 7/8/2013.]
May 3, 2013 Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to John Tompkins answer now due 6/6/2013, filed by Defendant John Tompkins.(Martin, William) [Transferred from California Central on 7/8/2013.]
May 1, 2013 Opinion or Order Filing 6 STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk) [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 9 Notice of Electronic Filing re Certificate/Notice of Interested Parties #2 , Declaration (non-motion) #7 , Notice to Parties of Court-Directed ADR Program (ADR-8) #8 , Notice of Related Case(s) #4 , Notice (Other) #3 , Order, #6 , Joinder (non-motion) #5 , Notice of Removal, #1 e-mailed to ryan@lovelesslaw.com bounced due to 5.1.0 - Unknown address error 550-'#5.1.0 Address rejected.' (. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to re@eaklaw.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 7 DECLARATION of JOHN L. TOMPKINS filed by Defendant John Tompkins. (esa) (mg). [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 5 NOTICE OF CONSENT TO REMOVAL filed by Defendant Tim Durham and joining in Notice of Removal, #1 . (esa) (mg). [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 4 NOTICE OF RELATED CASES filed by defendant John Tompkins. Related Case(s): NONE (esa) (mg). [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 3 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by defendant John Tompkins. (esa) (mg). [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant John Tompkins. (esa) (mg). [Transferred from California Central on 7/8/2013.]
April 30, 2013 Filing 1 NOTICE OF REMOVAL from Superior Court of CA, Los Angeles County, case number BC502023 with conformed copies of summons and complaint. Case assigned to Judge Percy Anderson, discovery to Magistrate Judge Carla Woehrle; (Filing fee $ 350 PAID ); filed by defendant John Tompkins.(esa) (mg). (Additional attachment(s) added on 5/3/2013: #1 Notice of Assignment) (mg). (Additional attachment(s) added on 5/3/2013: #2 Notice to Superior Court, #3 Notice to Adverse Party) (mg). [Transferred from California Central on 7/8/2013.]

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Search for this case: NATIONAL LAMPOON INC v. BROWN TOMPKINS LORY AND MASTRIAN, et al.
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Defendant: JOHN TOMPKINS
Represented By: Nancy Van Zile Stewart
Represented By: William O. Martin, Jr.
Represented By: Dina M. Cox
Represented By: Joseph Neal Bowling
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Defendant: TIM DURHAM
Represented By: Janice P Brown
Represented By: Meagan E Garland
Represented By: Stacy L Fode
Represented By: Nicholas E. Plopper
Represented By: Stephen Edwards Plopper
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Defendant: BRADY LORY
Represented By: Dina M. Cox
Represented By: John Edward Taylor
Represented By: Joseph Neal Bowling
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Defendant: RICHARD BROWN
Represented By: Dina M. Cox
Represented By: John Edward Taylor
Represented By: Joseph Neal Bowling
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Defendant: DOES 1 through 50, inclusive
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Defendant: BROWN TOMPKINS LORY AND MASTRIAN
Represented By: Joseph Neal Bowling
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Defendant: PAT MASTRIAN
Represented By: Dina M. Cox
Represented By: John Edward Taylor
Represented By: Joseph Neal Bowling
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Intervenor plaintiff: BRIAN A. BASH
Represented By: Jay Jaffe
Represented By: Breaden M. Douthett
Represented By: Kelly S. Burgan
Represented By: Dustin R. DeNeal
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Plaintiff: NATIONAL LAMPOON INC
Represented By: Andrea S Loveless
Represented By: Ryan Andrew Ellis
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Intervenor defendant: NATIONAL LAMPOON INC.
Represented By: Andrea S Loveless
Represented By: Ryan Andrew Ellis
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