ALERDING CASTOR HEWITT LLP v. FLETCHER et al
FLETCHER |
ALERDING CASTOR HEWITT LLP |
PAUL FLETCHER and CAROLE WOCKNER |
WAYNE GOLOMB and GRACEIA GOLOMB |
1:2016cv02453 |
September 14, 2016 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Mark J Dinsmore |
James Patrick Hanlon |
Debra McVicker Lynch |
Richard L Young |
Contract: Other |
28 U.S.C. § 1331 Fed. Question |
Defendant |
Docket Report
This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 311 Submission of Acknowledgment of Assignment of Judgment by Mark Schulman. (JDC) |
Filing 310 MANDATE of USCA as to #283 Notice of Appeal filed by CAROLE WOCKNER, PAUL FLETCHER (USCA #22-1101) - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on 11/16/2022. (LBT) |
Filing 309 NOTICE that "No Redaction" is Needed for the Supplemental Transcript, filed by Plaintiff ALERDING CASTOR HEWITT LLP, re #302 Transcript. (Brown, Michael) |
Filing 308 NOTICE of Intent to Request Redaction by Michael E. Brown re #302 Transcript (Brown, Michael) |
Filing 307 NOTICE of FILING of OFFICIAL TRANSCRIPT of Day 3 of trial held before Judge James Patrick Hanlon on September 15, 2021 (Franzen, Jodie) |
Filing 306 CORRECTED Version of previously filed #296 TRANSCRIPT of Day 3 of trial held on September 15, 2021 before Judge James Patrick Hanlon. (77 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/2/2022. Release of Transcript Restriction set for 7/11/2022. (Franzen, Jodie) Released on 6/7/2022 (SWM). |
Filing 305 NOTICE of FILING of OFFICIAL TRANSCRIPT of Day 2 of trial held before Judge James Patrick Hanlon on September 14, 2021 (Franzen, Jodie) |
Filing 304 CORRECTED Version of previously filed #294 TRANSCRIPT of Day 2 of trial held on September 14, 2021 before Judge James Patrick Hanlon. (222 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/2/2022. Release of Transcript Restriction set for 7/11/2022. (Franzen, Jodie) Released on 6/7/2022 (SWM). |
Filing 303 NOTICE of FILING of OFFICIAL TRANSCRIPT of telephonic pretrial conference held before Judge James Patrick Hanlon on September 9, 2021 (Franzen, Jodie) |
Filing 302 TRANSCRIPT of telephonic pretrial conference held on September 9, 2021 before Judge James Patrick Hanlon. (32 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/2/2022. Release of Transcript Restriction set for 7/11/2022. (Franzen, Jodie) Released on 7/12/2022 (SWM). |
Filing 301 NOTICE that "No Redaction" is Needed for the Transcript, filed by Plaintiff ALERDING CASTOR HEWITT LLP, re #295 Notice of Filing of Official Transcript, #291 Notice of Filing of Official Transcript, #293 Notice of Filing of Official Transcript, #297 Notice of Filing of Official Transcript. (Brown, Michael) |
Filing 300 Submission of Copy of Transcript Information Sheet, filed by Defendant CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 299 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET (AO 435 FORM Transcript Order) by CAROLE WOCKNER for proceedings held on 9/9/2021 re #283 Notice of Appeal (DWH) |
Filing 298 NOTICE of Intent to Request Redaction by Michael E. Brown re #292 Transcript, #290 Transcript, #296 Transcript, #294 Transcript (Brown, Michael) |
Filing 297 NOTICE of FILING of OFFICIAL TRANSCRIPT of Day 3 of trial held before Judge James Patrick Hanlon on September 15, 2021 (Franzen, Jodie) |
Filing 296 *** SEE DKT. NUMBER 306 FOR REDACTED TRANSCRIPT *** TRANSCRIPT of Day 3 of trial held on September 15, 2021 before Judge James Patrick Hanlon. (77 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/30/2022. Release of Transcript Restriction set for 6/7/2022. (Franzen, Jodie) Modified on 6/7/2022 (SWM). |
Filing 295 NOTICE of FILING of OFFICIAL TRANSCRIPT of Day 2 of trial held before Judge James Patrick Hanlon on September 14, 2021 (Franzen, Jodie) |
Filing 294 *** SEE DOCKET NO. 304 FOR CORRECTED TRANSCRIPTS *** TRANSCRIPT of Day 2 of trial held on September 14, 2021 before Judge James Patrick Hanlon. (222 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/30/2022. Release of Transcript Restriction set for 6/7/2022. (Franzen, Jodie) Modified on 6/7/2022 (SWM). |
Filing 293 NOTICE of FILING of OFFICIAL TRANSCRIPT of Day 1 of trial held before Judge James Patrick Hanlon on September 13, 2021 (Franzen, Jodie) |
Filing 292 TRANSCRIPT of Day 1 of trial held on September 13, 2021 before Judge James Patrick Hanlon. (164 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/30/2022. Release of Transcript Restriction set for 6/7/2022. (Franzen, Jodie) Released on 6/7/2022 (SWM). |
Filing 291 NOTICE of FILING of OFFICIAL TRANSCRIPT of final pretrial held before Judge James Patrick Hanlon on January 10, 2020 (Franzen, Jodie) |
Filing 290 TRANSCRIPT of final pretrial held on January 10, 2020 before Judge James Patrick Hanlon. (47 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/30/2022. Release of Transcript Restriction set for 6/7/2022. (Franzen, Jodie) Released on 6/7/2022 (SWM). |
Filing 289 DESIGNATION of Record on Appeal by ALERDING CASTOR HEWITT LLP re #283 Notice of Appeal (Brown, Michael) |
Filing 288 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by CAROLE WOCKNER re #283 Notice of Appeal (Attachments: #1 Envelope)(DWH) |
Filing 287 USCA Case Number 22-1101 for #283 Notice of Appeal filed by CAROLE WOCKNER, PAUL FLETCHER. (LBT) |
Filing 286 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #283 Notice of Appeal. - for Court of Appeals Use Only. (LBT) |
Filing 285 PARTIES' SHORT RECORD re #283 Notice of Appeal - Instructions for Attorneys/Parties attached. (Copies mailed to Defendants.) (LBT) |
Filing 284 USCA Appeal Fees received ($505.00 receipt number IP077531) re #283 Notice of Appeal filed by CAROLE WOCKNER and PAUL FLETCHER. (USCA #(not assigned)) (DJH) |
Filing 283 NOTICE OF APPEAL as to #271 CLOSED FINAL JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 58, #282 ORDER ON POST-JUDGMENT MOTIONS, #270 ORDER ON PREJUDGMENT INTEREST, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (No fee paid with this filing) (DWH) |
Filing 282 ORDER ON POST-JUDGMENT MOTIONS - On September 13, 14, and 15, 2021, the Court held a jury trial in this case, resulting in a verdict of $67,423.24 for Plaintiff, Alerding Castor Hewitt LLP. See dkt. 264; dkt. 265; dkt. 266; dkt. 268 (jury verdict). On September 16, 2021, the Court entered final judgment for Alerding Castor for that amount plus $27,623.82 in prejudgment interest. Dkt. 271; see dkt. 270. Defendants, Paul Fletcher and Carole Wockner, have filed three post-judgment motions: (1) to vacate the award of prejudgment interest, dkt. 272; (2) to set aside the final judgment, dkt. 275; and (3) for a new trial, dkt. 276. Defendants' Rule 59(e) motion to vacate the award of prejudgment interest is therefore DENIED. Dkt. #272 . Because Defendants were not prejudiced and cannot prove fraud, their Rule 60(b) motion to set aside the judgment is DENIED. Defendants' Rule 59 motion for a new trial on this basis is therefore DENIED (SEE ORDER FOR ADDITIONAL DETAILS). Signed by Judge James Patrick Hanlon on 12/16/2021. Copy to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 281 REPLY in Support of Motion re #276 MOTION for New Trial, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 280 REPLY in Support of Motion re #275 MOTION to Set Aside Judgment, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit A - Defendant's First Production Request to Plaintiff, #2 Exhibit B - Tabs3 Report Pack, #3 Exhibit C - Gallup News Service)(DWH) |
Filing 279 RESPONSE in Opposition re #276 MOTION for New Trial, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Sheroff, Daniel) |
Filing 278 Response in Opposition re #275 MOTION to Set Aside Court's Final Judgment, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Sheroff, Daniel) Modified on 10/22/2021 to create a link to dkt 275 and terminated the motion (DWH). |
Filing 277 NOTICE of Appearance by Daniel Sheroff on behalf of Plaintiff ALERDING CASTOR HEWITT LLP. (Sheroff, Daniel) |
Filing 276 MOTION for New Trial, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 275 MOTION to Set Aside Court's Final Judgment, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 274 REPLY in Support of Motion re #272 MOTION to Vacate #270 Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 273 RESPONSE in Opposition re #272 MOTION to Vacate #270 Order , filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 272 MOTION to Vacate or Amend Order on Prejudgment Interest re #270 Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 271 CLOSED FINAL JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 58 - Having directed the entry of final judgment, the Court now enters FINAL JUDGMENT in favor of Plaintiff, Alerding Castor Hewitt LLP, and against Defendants, Paul Fletcher and Carole Wockner, in the amount of $67,423.24, with an additional award of $27,623.82 in prejudgment interest. Signed by Judge James Patrick Hanlon on 9/16/2021. Copies to Defendant Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 270 ORDER ON PREJUDGMENT INTEREST - The parties' agreement did not set an interest rate for unpaid balances, see dkt. 1-2 at 7-8; Plaintiff's trial exhibit 12, so the statutory rate of 8% applies, Indiana Code 24-4.6-1-103; BRC Rubber, 981 F.3d at 636 ("Where the parties have not agreed to a specified interest rate, Indiana law directs courts to use the rate of 8% per year."). At an 8% rate, the actual damages of $67,423.24 accrued prejudgment interest of $14.78 per day (.08/365*67,423.24). See id. (affirming prejudgment interest similarly calculated "per diem through the date of judgment"). August 5, 2016 through September 16, 2021--the date of judgment--is 1,869 days. Plaintiff is therefore entitled to $27,623.82 in prejudgment interest (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/16/2021. Copy to Defendant Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 269 UNREDACTED DOCUMENT regarding #268 Jury Verdict. (DWH) |
Filing 268 JURY VERDICT **REDACTED**. (DWH) Modified on 9/16/2021 (DWH). |
Filing 267 ORDER - The jury in this cause is committed to the custody of the Court's Bailiff. IT IS ORDERED that the United States District Court Clerk furnish meals for eight (8) jurors at the expense of the United States of America. Signed by Judge James Patrick Hanlon on 9/15/2021. Copy to Defendant Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 266 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On September 15, 2021, the parties appeared for the third day of a jury trial in this case. Plaintiff Alerding Castor Hewitt LLP appeared by counsel, Michael J. Alerding and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared pro se. The trial was recorded by Court Reporter, Jodie Franzen. The following witnesses were sworn, examined, and cross-examined: Anthony Roach and Michael J. Alerding. Plaintiff's exhibits 40, 41, 42, & 44 were admitted by stipulation of the parties. Defendants' exhibits 48 & 51 were admitted into the record without objection. Defendants' exhibit 50 was admitted over Plaintiff's objection. Plaintiff and Defendants rested their cases. The Court read the attached Final Instructions to the jury. The parties presented closing arguments. The bailiffs were sworn, and the jury was entrusted to their care. After deliberating, the jury reached a unanimous verdict for Plaintiff, Alerding Castor Hewitt LLP, awarding actual damages in the sum of $67,423.24. The Court polled the jury and each juror confirmed the verdict. The Court accepted the verdict and made it part of the record. The jury was discharged. The Court ordered that final judgment would issue in a separate entry. (Attachments: #1 Final Instructions) Copies sent to Paul Fletcher and Carole Wockner via U.S. Mail. (PKP) Modified on 9/16/2021 (DWH). |
Filing 265 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On September 14, 2021, the parties appeared for the second day of a jury trial in this case. Plaintiff Alerding Castor Hewitt LLP appeared by counsel, Michael J. Alerding and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared pro se. The trial was recorded by Court Reporter, Jodie Franzen. The following witnesses were sworn, examined, and cross-examined: F. Anthony Paganelli, Scott Kreider, David Jensen, and Carole Wockner. Plaintiff's exhibits 8, 9, 11, 16, 17, 18, 20, 21, 22, 24, 26, 27, & 48 were admitted into the record without objection. Defendants' exhibits 3, 4, 7, 9, 10, 11, 12, 14, 15, 17, 19, 20, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 42, 43, 45, 46, & 49 were admitted by stipulation of the parties. Defendants' exhibit 18 was admitted into the record without objection. The Court and the parties then finalized the Final Jury Instructions and Verdict Forms. The Court addressed evidence that Defendants intended to use for impeachment and ruled that it was inadmissible. The jury was admonished upon each separation. The Court recessed to reconvene on September 15, 2021 at 8:30 a.m. *** SEE ENTRY FOR FURTHER DETAILS *** Copies mailed to Paul Fletcher and Carole Wockner via U.S. Mail. (PKP) Modified on 9/16/2021 (PKP). Modified on 9/16/2021 (DWH). |
Filing 261 ORDER: The Court will use at trial the attached final instructions and verdict forms. Signed by Judge James Patrick Hanlon on 9/14/2021. (Attachments: #1 Final Instructions, #2 Verdict Forms) Copies to Paul Fletcher and Carole Wockner via hand delivery 9/15/2021. Courtesy copy sent via email to cwockner@geo-techniques.com. (PKP) Modified on 9/15/2021 (PKP). |
Filing 260 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On September 9, 2021, the Court held a telephonic final pretrial conference. Plaintiff appeared by counsel, Michael J. Alerding and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared pro se. The hearing was recorded by Court Reporter, Jodie Franzen. A jury trial will begin on September 13, 2021 at 9:00 a.m. in Room 349. The trial is expected to last no more than four days. Juror questionnaires will be made available for the parties to pick up on September 10, 2021 after noon. The Court will seat eight jurors and no alternates. The Court will first rule on hardship and cause. After that, each side will have a total of three peremptory strikes; peremptory strikes will be exercised simultaneously by a form provided by the Court. Each party will have up to 10 minutes for opening statements and up to 30 minutes for closing argument. The Court granted Defendants' motion to reconsider. Dkt. #255 . *** SEE ENTRY FOR FURTHER DETAILS *** Copies to Paul Fletcher and Carole Wockner via hand delivery 9/15/2021. (PKP) Modified on 9/14/2021 (PKP). Modified on 9/15/2021 (PKP). |
Filing 264 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On September 13, 2021, the jury trial began in this case. Plaintiff Alerding Castor Hewitt LLP appeared by counsel, Michael J. Alerding and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared pro se. The trial was recorded by Court Reporter, Jodie Franzen. The Court empaneled an eight-person jury and administered the oath. The parties accepted the jury without objection. The jury received its preliminary instructions, which are attached. Michael J. Alerding was sworn, examined, and cross-examined as a witness. Plaintiff's exhibits 1, 2, 3, 4, 5, 6, 7, 12, 29, 32, 45, & 46 were admitted into the record without objection. Plaintiff's exhibit 28 was admitted over Defendants' objection. Defendants' exhibits 5, 13, 41, 44, & 47 were admitted into the record without objection. Defendants' exhibit 21 was admitted over Plaintiff's objection. The Court recessed to reconvene on September 14, 2021 at 8:30 a.m. *** SEE ENTRY FOR FURTHER DETAILS *** (Attachments: #1 Preliminary Instructions) Copies sent to Paul Fletcher and Carole Wockner via U.S. Mail. (PKP) Modified on 9/16/2021 (DWH). |
Filing 259 ORDER ON DEFENDANTS' EXHIBITS: It has come to the Court's attention that there may be discrepancies between the exhibits that Defendants intend to use at trial and the exhibits that are contained in the binder of Defendants' exhibits that Plaintiff provided to the Court. In other words, certain of Defendants' exhibits marked with the same number, but in different binders, do not match. The trial will not be delayed due to the parties' inability or unwillingness to make sure that copies of exhibits that will be tendered at trial match the copies that are contained in the trial binders, and the Court will not ask the jury to take breaks, or sit and watch, as the parties compare pages of exhibits to determine whether their copies match. The parties are ORDERED TO: 1. MEET AND CONFER to ensure that all copies of Defendants' exhibits that are contained in binders to be used at trial (by the parties, witnesses, and the Court) are complete, accurate, and identical to the version of Defendants' exhibits that Defendants plan to use at trial; and 2. HAVE AVAILABLE in Court at 8:30 a.m. on 9/13/21 three sets of binders that contain identical copies of Defendants' exhibits (and match the copies of Defendants' exhibits that Defendants plan to use at trial). Signed by Judge James Patrick Hanlon on 9/10/2021. Copies sent to Paul Fletcher and Carole Wockner via U.S. Mail. Courtesy copy sent via email to cwockner@geo-techniques.com. (PKP) |
Filing 258 ORDER ON PRELIMINARY JURY INSTRUCTIONS: On December 6, 2019, the Court docketed proposed preliminary jury instructions, dkt. 179-2, and neither party filed objections or additional proposed instructions by the deadline. See dkt. 179. On July 15, 2021, the Court therefore ordered that the unopposed preliminary instructions would be used at trial. Dkt. 227 at 2. Nevertheless, on August 13, 2021, Defendants filed additional proposed jury instructions. Dkt. 237. Plaintiff objects to the instructions. Dkt. 239. Because Defendants' proposed instructions were filed after the deadline and are unsupported by legal authority, see dkt. 237, the Court will not include them as preliminary instructions. Moreover, the proposed instructions are either repetitive with the Court's tendered preliminary instructions or would risk confusing the jury if given before any evidence is heard. However, other changes to the preliminary instructions--shown in redline in Exhibit 1 to this order--are appropriate because of intervening pretrial filings. Absent an objection sustained before trial, the Court will use the attached preliminary jury instructions at trial. Signed by Judge James Patrick Hanlon on 9/9/2021. Copy to Defendant Paul Fletcher and Carole Wockner via US Mail. (Attachments: #1 PROPOSED PRELIMINARY INSTRUCTIONS)(DWH) |
Filing 257 ORDER ON CASE SYNOPSIS FOR TRIAL - The parties were unable to agree on a case synopsis to be read to the venire and jury at trial. See dkt. 229; dkt. 232 at 18. The Court will use the attached case synopsis at trial. Signed by Judge James Patrick Hanlon on 9/9/2021. Copy to Paul Fletcher and Carole Wockner via US Mail. (Attachments: #1 CASE SYNOPSIS)(DWH) |
Filing 256 RESPONSE in Opposition re #255 MOTION for Reconsideration , filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit Ex A--Letter and Expert Disclosure, #2 Exhibit Ex B Emails forwarding Trial Exs.)(Alerding, Michael) |
Filing 255 MOTION FOR LEAVE TO RECONSIDER OR CLARIFY COURT'S ORDER ON PLAINTIFF'S MOTION IN LIMINE, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit)(DWH) |
Filing 254 NOTICE of FILING of OFFICIAL TRANSCRIPT of telephonic pretrial conference held before Judge James Patrick Hanlon on February 19, 2020 (Franzen, Jodie) Modified on 9/7/2021 - Copy sent to Defendant Paul Fletcher and Carole Wockner via US Mail (DWH). |
Filing 253 TRANSCRIPT of telephonic pretrial conference held on February 19, 2020 before Judge James Patrick Hanlon. (33 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/24/2021. Release of Transcript Restriction set for 12/2/2021. (Franzen, Jodie) Released on 12/8/2021 (SWM). |
Filing 252 OBJECTION to Plaintiff's Exhibit List by PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit - Plaintiff's Proposed Exhibit List)(DWH) |
Filing 251 SCHEDULING ORDER: This case's jury trial is set to commence on September 13, 2021 at 9:00 a.m. The trial will take place in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Judge James Patrick Hanlon on 8/31/2021. Copy to Defendant Carol Wockner and Paul Fletcher via US Mail. (DWH) |
Filing 250 NOTICE of FILING of OFFICIAL TRANSCRIPT of telephone status conference held before Judge James Patrick Hanlon on August 20, 2021 (Franzen, Jodie) Modified on 8/31/2021 - Copy to Defendant Carole Wockner and Paul Fletcher via US Mail. (DWH). |
Filing 249 TRANSCRIPT of telephone status conference held on August 20, 2021 before Judge James Patrick Hanlon. (23 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/20/2021. Release of Transcript Restriction set for 11/29/2021. (Franzen, Jodie) Released on 12/1/2021 (SWM). |
Filing 248 OBJECTION to Defendants' Exhibits by ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit Exhibit A--Chart of Stipulations and Objections)(Alerding, Michael) |
Filing 247 ORDER ON MOTION TO CONTINUE AND TRIAL ORGANIZATION: Plaintiff has filed a motion to continue the September 13, 2021 trial date to either September 14 or another date, because an essential witness--Anthony Roach--is not available until September 15. Dkt. #246 . Because Mr. Roach will be able to testify on September 15 as planned, that motion is DENIED. *** SEE ORDER FOR FURTHER DETAILS AND TRIAL ORGANIZATION *** Signed by Judge James Patrick Hanlon on 8/27/2021. Courtesy copy sent via email to cwockner@geo-techniques.com. Copies sent via U.S. Mail to Defendants Paul Fletcher and Carole Wockner. (PKP) |
Filing 246 MOTION for Continuance or Reset Dates, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit Exhibit A--Affidavit of Abraham Murphy, #2 Text of Proposed Order)(Murphy, Abraham) |
Filing 245 ORDER ON AFFIRMATIVE DEFENSES AND DISGORGEMENT. As the Court previously ordered, Defendants may present evidence in support of the affirmative defenses of fraudulent inducement and breach of fiduciary duty. Dkt. #211 . If they are successful, Plaintiff may be subject to fee forfeiture, which might extend to all unpaid fees. See id. at 6. But, for the reasons explained above and at the summary stage, that cannot allow disgorgement of fees. (SEE ORDER). Copy to Defendants' via U.S. Mail. Signed by Judge James Patrick Hanlon on 8/26/2021. (MAC) |
Filing 244 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On August 20, 2021, the Court held a telephonic pretrial conference. Plaintiff appeared by counsel, Michael Alerding and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared on behalf of themselves. The conference was recorded by Court Reporter, Jodie Franzen. The Court VACATED the final pretrial conference set on September 13, 2021 at 11:00 a.m. The Court RESCHEDULED the jury trial to commence on September 13, 2021 at 9:00 a.m. The Court SCHEDULED a telephonic final pretrial conference on September 9, 2021 at 2:00 p.m. Eastern. Counsel and Defendants Paul Fletcher and Carole Wockner are to call 866-390-1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 162453 before being connected to the conference call. Call-in information is to be used by COUNSEL and Defendants FLETCHER and WOCKNER only. The Court addressed the parties' exhibit lists and ORDERED Alerding to file any objections to Defendants' exhibits by August 27, 2021. The Court ORDERED Alerding to deliver to the Court a courtesy copy of its binder of exhibits together with Defendants' binder of exhibits no later than September 2, 2021. The parties were directed to exchange exhibits leaving sufficient time to meet that deadline. *** SEE ENTRY FOR FURTHER DETAILS AND DEADLINES *** Copy of Minute Entry mailed to Paul Fletcher and Carole Wockner via U.S. Mail. (PKP) |
Filing 243 RESPONSE, re #234 Objection to Witnesses, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 242 RESPONSE, re #238 Objection to Defendants' Proposed Verdict Form, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 241 RESPONSE, re #239 Objection to Defendants' Proposed Supplemental Preliminary Instructions, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 240 RESPONSE to Plaintiff's Objections to Defendants' Case Specific Jury Instructions, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 239 OBJECTION to Defendants' Proposed Supplemental Preliminary Instructions by ALERDING CASTOR HEWITT LLP. Related document: #237 Proposed Jury Instructions filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 238 OBJECTION to Defendants' Proposed Verdict Form by ALERDING CASTOR HEWITT LLP. Related document: #236 Proposed Jury Verdict filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 237 Proposed Supplemental Preliminary Instructions, filed by PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 236 Proposed Jury Verdict by PAUL FLETCHER, CAROLE WOCKNER. (DWH) (DWH). |
Filing 235 OBJECTION to Defendants' Instructions and Proposed Additional Instruction by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 234 OBJECTION to Witnesses by ALERDING CASTOR HEWITT LLP. Related document: #231 Witness ListExhibit List filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 233 Proposed Jury Verdict by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 232 Proposed (Case-Specific) Jury Instructions, filed by PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 231 Witness List, and Exhibit List, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 230 Witness List , filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 229 CASE SYNOPSIS, by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 228 Proposed Case Specific Jury Instructions, filed by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 227 ORDER - To facilitate the final pretrial conference, and ultimately the trial, the Court now ORDERS as follows (SEE ORDER FOR INSTRUCTIONS AND DEADLINES). Signed by Judge James Patrick Hanlon on 7/15/2021. Copy to Paul Fletcher and Carole Wockner via US Mail. (Attachments: #1 Exhibit 1)(DWH) |
Filing 226 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (DWH) |
Filing 225 ORDER VACATING TELEPHONIC STATUS CONFERENCE - The Court VACATES the telephonic status conference scheduled on February 24, 2021. Signed by Judge James Patrick Hanlon on 1/20/2021. Copy to Defendants via US Mail. (DWH) |
Filing 224 SCHEDULING ORDER: Status Conference set for 8/20/2021 at 02:00 PM (Eastern Time) in Telephonic before Judge James Patrick Hanlon. Counsel and Defendants Paul Fletcher and Carole Wockner are to call 866-390-1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 162453 before being connected to the conference call. Call-in information is to be used by COUNSEL and DEFENDANTS FLETCHER and WOCKNER only. In Person Final Pretrial Conference set for 9/13/2021 at 11:00 AM (Eastern Time) in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. Jury Trial set for 9/14/2021 at 09:00 AM (Eastern Time) in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. Copies to Paul Fletcher and Carole Wockner via U.S. Mail. Signed by Judge James Patrick Hanlon on 1/19/2021.(MAC) |
Filing 223 ORDER - The Final Pretrial Conference and Trial in this matter have been continued pursuant to the attached General Order. (PKP) |
Filing 222 ORDER SETTING TELEPHONIC PRETRIAL CONFERENCE, FINAL PRETRIAL CONFERENCE AND TRIAL - The Court SCHEDULES this case for a telephonic status conference on February 24, 2021 at 2:00 PM Eastern. Counsel and Defendants Paul Fletcher and Carole Wockner are to call 866-390-1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 162453 before being connected to the conference call. Call-in information is to be used by COUNSEL and DEFENDANTS FLETCHER and WOCKNER only. The Court further SCHEDULES this case for in-person final pretrial conference on March 26, 2021 at 2:00 PM Eastern, and jury trial to commence on March 29, 2021 at 9:00 a.m. Eastern in Room 246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Copies mailed via U.S. mail per distribution list. Signed by Judge James Patrick Hanlon on 8/26/2020.(JDH) Modified on 8/27/2020 (JDH). |
Filing 221 ORDER granting #220 Motion to Withdraw Attorney Appearance. Attorney Anthony Roach withdrawn. Copies via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/12/2020. (SWM) |
Filing 220 MOTION to Withdraw Attorney Appearance of Anthony F. Roach, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Alerding, Michael) |
Filing 219 ORDER - The Final Pretrial Conference and Trial in this matter has been continued pursuant to the attached General Order. (JD) |
Filing 218 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On this date, the Court held a telephonic pretrial conference. Plaintiff appeared by counsel, Anthony Roach and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared on behalf of themselves. The conference was recorded by Court Reporter, Jodie Franzen. A jury trial will begin on Monday, March 23, 2020, at 9:00 a.m. The trial is expected to last no more than three days. Counsel must be present and ready to begin trial at 8:30 a.m. The courtroom will open at 8:00 a.m. An in-person final pretrial conference will be held on March 20, 2020, at 2:00 p.m. Eastern in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. For the reasons stated on the record, Defendants' motion for leave to file an additional 19 trial exhibits was DENIED. Dkt. #214 . Alerding Castor's request for sanctions regarding Defendants' motion, dkt. 214, was DENIED. Dkt. #215 . *** SEE ENTRY FOR FURTHER DETAILS *** (PKP) |
Filing 217 RESPONSE in Opposition to Plaintiff's #215 Objections to Improperly Filed Exhibit List and Motion for Leave to File an Additional 19 Trial Exhibits, and Request for Sanctions, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Attachment - Exhibit List, #2 Envelope)(JDH) |
Filing 216 Proposed Jury Instructions (Updated), filed by PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope). (MAC) |
Filing 215 OBJECTION to Defendants' Improperly Filed Exhibit List and Motion for Leave to File an Additional 19 Trial Exhibits, and Request for Sanctions by ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 214 MOTION for leave to file an additional 19 trial exhibits, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit List, #2 Envelope)(DWH) |
Filing 213 FINAL Exhibit List, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 212 ORDER ON TIME ALLOCATION AT TRIAL - This order addresses time allocation and management for trial. Based on the nature of the claim and defenses to be presented at trial, and the nature and quantity of evidence the parties intend to introduce at trial, each party will be limited to six hours to present their case and/or defenses (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 2/28/2020. Copy to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 211 ORDER ON AFFIRMATIVE DEFENSES: Defendants may present evidence in support of their affirmative defenses for fraudulent inducement and breach of fiduciary duty at trial. They will be entitled to jury instructions on those defenses, however, only if they are supported by sufficient evidence. Defendants may not present their promissory estoppel affirmative defense at trial as it is duplicative and they may present evidence that Alerding Castor did not perform its part of the contract. Defendants SHALL FILE by March 6, 2020 updated final jury instructions on their affirmative defenses, in light of this ruling and the Court's ruling on their motion to correct error, dkt. 208. *** SEE ORDER FOR ADDITIONAL DETAILS *** Copy mailed to Carole Wockner and Paul Fletcher via US Mail. Signed by Judge James Patrick Hanlon on 2/21/2020.(PKP) Modified on 2/21/2020 (PKP). |
Filing 209 ORDER granting #206 Motion to Withdraw Attorney Appearance. Attorney George M. Plews and Attorney Joanne Rouse Sommers withdrawn. In addition, as counsel's motion correctly notes, the Golombs' motion to quash has been fully resolved, and they are no longer involved in this matter. [Id.at 1.] Therefore, the Court directs the Clerk to TERMINATE Wayne Golomb and Graceia Golomb from the docket as well. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/20/2020. (SWM) |
Filing 210 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On February 19, 2020, the Court held a telephonic pretrial conference. Plaintiff appeared by counsel, Anthony Roach and Abraham Murphy. Defendants Paul Fletcher and Carole Wockner appeared on behalf of themselves. The conference was recorded by Court Reporter, Jodie Franzen. Matters relating to trial preparation were discussed. A telephonic pretrial conference will be held on March 9, 2020, at 3:00 p.m. Eastern. Counsel and Defendants Paul Fletcher and Carole Wockner are to call 866-390-1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 162453 before being connected to the conference call. Call-in information is to be used by COUNSEL and Defendants FLETCHER and WOCKNER only. Defendants' motion for leave to file more than 50 trial exhibits was DENIED. Dkt. #204 . Defendants have until March 3, 2020 to file a revised exhibit list that complies with the Court's prior Order. Defendants' motion for an extension of time to file final jury instructions was GRANTED, dkt. #204 . Alerding Castor's request for sanctions regarding Defendants' motion, dkt. 204, was DENIED. Dkt. #207 . Alerding Castor's motion in limine seeking to bar certain evidence regarding Mr. Alerding's medical history was GRANTED. Dkt. #185 . Alerding Castor's motion in limine to bar certain evidence regarding Defendants' Counterclaims and Fletcher v. Hoeppner Wagner & Evans, et. al, 2:14-cv-00231 (N.D. Ind.) was GRANTED. Dkt. #186 . *** SEE ENTRY FOR FURTHER DETAILS *** Copy to Paul Fletcher and Carole Wockner via U.S. Mail. (PKP) Modified on 2/20/2020 (PKP). |
Filing 208 ORDER DENYING DEFENDANTS MOTION TO CORRECT ERROR AND REINSTATE COUNTERCLAIMS -On April 18, 2019, the Court granted Alerding Castor Hewitts motion for partial summary judgment on Defendants counterclaims. Dkt. 172. Defendants have filed a motion to correct error and reinstate their counterclaims. Defendants motion to correct error and reinstate counterclaims is DENIED. Dkt. #189 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 2/14/2020. Copy sent to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 207 OBJECTION to Defendants' Motion for Leave and for Extension of Time, and Request for Sanctions by ALERDING CASTOR HEWITT LLP. Related document: #204 MOTION for Leave to File MOTION for Extension of Time to filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 206 MOTION to Withdraw Attorney Appearance , filed by Interested Parties GRACEIA GOLOMB, WAYNE GOLOMB. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Sommers, Joanne) |
Filing 205 Defendant's Case-specific Final Instructions and Final Exhibits List filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Attachment - Jury Instructions, #2 Attachment - Proposed Verdict Forms, #3 Envelope)(JDH) |
Filing 204 MOTION for Leave to File to file more than 50 trial exhibits, and MOTION for Extension of Time, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit A - Defendants' Exhibit List, #2 Envelope)(DWH) |
Filing 203 Exhibit List , filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 202 Proposed Plaintiff's Case Specific Final Jury Instructions, filed by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 200 ORDER: On January 10, 2020, the Court held a final pretrial conference. To facilitate the trial, the Court now ORDERS as follows: The case-specific jury instructions, exhibit lists, and verdict forms must be filed by February 5, 2020. A telephonic pretrial conference will be held on February 19, 2020, at 2:00 p.m. Eastern. The jury trial shall commence on March 23, 2020 at 9:00 a.m. Eastern in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The parties SHALL BE in the courtroom prepared to start at 8:00 a.m. Eastern (SEE ORDER FOR ADDITIONAL INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 1/15/2020. Copy to Paul Fletcher and Carole Wockner via US Mail. (Attachments: #1 Exhibit 1 - proposed final instructions, #2 Exhibit 2 - sample exhibit list, #3 Exhibit 3 - joint exhibit list)(DWH) |
Filing 201 REPLY in Support of Motion re #189 MOTION to Correct Error and Reinstate Counterclaims, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope).(MAC) |
Filing 199 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On January 10, 2020, the Court held a final pretrial conference. Plaintiff appeared by counsel, Abraham Murphy, Anthony Roach and Michael Alerding. Defendants appeared in person, Paul Fletcher and Carole Wockner. The conference was recorded by Court Reporter, Jodie Franzen. Matters relating to trial preparation were discussed. For the reasons stated on the record and in open court, the trial date of January 27, 2020 was vacated. The Court will issue a separate Order with pre-trial deadlines. (PKP) Copies mailed to Fletcher and Wockner via U.S. Mail. Modified on 1/13/2020 (PKP). |
Filing 196 NOTICE of Appearance by Abraham Murphy on behalf of Plaintiff ALERDING CASTOR HEWITT LLP. (Murphy, Abraham) |
Filing 198 OBJECTION, re #44 Exhibit List/Witness List and failure to serve proposed Jury Instructions and supplemental Voir Dire questions, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit A and B, #2 Envelope)(DWH) |
Filing 197 RESPONSE re #185 MOTION in Limine to Bar Certain Evidence Regarding Unrelated Sensitive Medical History, #186 MOTION in Limine to Bar Certain Evidence Regarding Unrelated Litigation and Decided Claims, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 195 OBJECTION to Defendants' Jury Instructions by ALERDING CASTOR HEWITT LLP. Related document: #190 Jury InstructionsExhibit List filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 194 RESPONSE in Opposition re #189 MOTION to Correct Error and Reinstate Counterclaims, filed by Counter Defendant ALERDING CASTOR HEWITT LLP. (Brown, Michael) |
Filing 193 OBJECTION to Defendants' Introduction of Certain Depositions at Trial by ALERDING CASTOR HEWITT LLP. Related document: #188 Exhibit ListWitness List filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 192 OBJECTION to Certain Exhibits Identified on Defendants' Exhibit List by ALERDING CASTOR HEWITT LLP. Related document: #188 Exhibit ListWitness List filed by CAROLE WOCKNER, PAUL FLETCHER.(Alerding, Michael) |
Filing 191 RESPONSE in Opposition re #189 MOTION to Correct Error and Reinstate Counterclaims of Breach of Fiduciary Duty and Breach of Contract, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 190 Jury Instructions and Supplement to Exhibit List, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit A-35, #2 Exhibit B1-B7)(DWH) |
Filing 189 MOTION to correct error and reinstate counterclaims of breach of fiduciary duty and breach of contract, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (DWH) |
Filing 188 Exhibit List, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Witness List, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit List, #2 Envelope)(NAD) |
Filing 187 STIPULATION of Facts, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 186 MOTION in Limine to Bar Certain Evidence Regarding Unrelated Litigation and Decided Claims, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Alerding, Michael) |
Filing 185 MOTION in Limine to Bar Certain Evidence Regarding Unrelated Sensitive Medical History, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Alerding, Michael) |
Filing 184 Witness List PROPOSED, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 183 Exhibit List PROPOSED, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 182 ORDER - Defendants have filed an Urgent Motion to Continue Final Pre-Trial Hearing. Dkt. #181 . For the reasons in the motion, that motion is GRANTED. The Court thus VACATES the January 8, 2020 final pretrial conference and CONTINUES it to January 10, 2020 at 1:30 p.m. in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. All deadlines outlined in the Court's Order of December 6, 2019, dkt. 179, shall remain in full force. Signed by Judge James Patrick Hanlon on 12/18/2019. Copy sent to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 181 URGENT MOTION to Continue Final Pre-Trial Hearing, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 179 ORDER - The final pretrial conference in this action is scheduled for 1:30 p.m. on January 8, 2020 in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. To facilitate the conference, and ultimately the trial--scheduled to start on January 27, 2020--the Court now ORDERS as follows - Any motions in limine must be filed by December 23, 2019. Responses must be filed by January 6, 2020 (SEE ORDER FOR ADDITIONAL DEADLINES AND INFORMATION). Signed by Judge James Patrick Hanlon on 12/6/2019. Copies sent to Paul Fletcher and Carole Wockner via US Mail. (Attachments: #1 Exhibit 1 - proposed voir dire, #2 Exhibit 2 - proposed preliminary instructions, #3 Exhibit 3 - proposed final instructions, #4 Exhibit 4 - proposed exhibit table)(DWH) |
Filing 180 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On December 3, 2019, the Court held a telephonic status conference. Plaintiff Alerding Castor Hewitt LLP appeared by counsel, Anthony Roach, Michael J. Alerding and Michael E. Brown. Defendants Paul Fletcher and Carole Wockner appeared in person. The conference was recorded by Court Reporter, Jodie Franzen. A final pretrial conference will be held on January 8, 2020 at 1:30 p.m.; a jury trial will begin on January 27, 2020 at 9:00 a.m. The parties estimate that trial will take three days. The Court will issue a separate Order with final pre-trial deadlines. Copy to Paul Fletcher and Carole Wockner via US Mail. (PKP) |
Filing 178 SCHEDULING TELEPHONIC STATUS CONFERENCE - The above cause is set for a telephonic status conference on December 3, 2019 at 3:30 p.m. Eastern. Counsel and Defendants Paul Fletcher and Carole Wockner are to call 866-390-1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 162453 before being connected to the conference call. Call-in information is to be used by COUNSEL and DEFENDANTS FLETCHER and WOCKNER only. Signed by Judge James Patrick Hanlon on 11/21/2019. Copy sent to Paul Fletcher and Carole Wockner via US Mail. (DWH) Modified on 12/6/2019 - sent additional copy to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 177 ORDER - On April 18, 2019, the Court granted Counter Defendant Alerding Castor's motion for partial summary judgment on Counter Claimants' Counterclaim. Dkt. 172. The clerk is directed to terminate the counter parties. Signed by Judge James Patrick Hanlon on 11/20/2019. Copy sent to Paul Fletcher and Carole Wockner via US Mail. (DWH) Modified on 12/6/2019 - sent additional copy to Paul Fletcher and Carole Wockner via US Mail. (DWH). |
Filing 176 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. Copy to Paul Fletcher and Carole Wockner via US Mail. (DWH) Modified on 12/13/2019 NOTE: Document was included with dkt 177 Modified on 12/6/2019 - sent additional copy to Paul Fletcher and Carole Wockner via US Mail.(DWH). |
Filing 175 ORDER SETTING FINAL PRETRIAL CONFERENCE AND TRIALThe Court SCHEDULES this case for a final pretrial conference on January 8, 2020 at 1:30 p.m. and jury trial to commence on January 27, 2020 at 9:00 a.m. in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The Clerk is DIRECTED to docket Judge Hanlon's Practices and Procedures. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the Approved Case Management Plan. See dkt. 27 at 7-9. Signed by Judge James Patrick Hanlon on 6/14/2019. Copy to Paul Fletcher and Carole Wockner via US Mail. (DWH) |
Filing 174 ORDER OVERRULING DEFENDANTS' RULE 72 OBJECTION AND DENYING DEFENDANTS' MOTION FOR LEAVE TO AMEND STATEMENT OF CLAIMS AND DEFENSES - The complex procedural history of this case is evidenced by the length of the docket and multiple reassignments of judges to the case. Still requiring resolution by the Court is Defendants' Rule 72 Objection to the Magistrate Judge's Order, entered on June 29, 2018, and Defendants' Motion for Leave to Amend Statement of Claims and Defenses. For the reasons below, the Court OVERRULES the Objection, dkt. #121 , and DENIES the Motion, dkt. #127 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 4/29/2019. Copy to Defendants via US Mail. (DWH) Modified on 4/29/2019 (DWH). |
Filing 173 ENTRY ON OBJECTIONS TO THE MAGISTRATE JUDGE'S ORDERS - For the reasons stated above, the Court OVERRULES the Golombs' Objection, dkt. #157 , and Defendants' Objections, dkt. #158 , dkt. #171 (SEE ENTRY FOR ADDTIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 4/18/2019. Copy sent to Carole Wockner and Paul Fletcher via US Mail. (DWH) |
Filing 172 ORDER GRANTING ALERDING CASTOR'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' COUNTERCLAIM - For reasons stated above, Alerding Castor's Motion for Partial Summary Judgment on Defendants' Counterclaim is GRANTED, dkt. #129 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 4/18/2019. Copy to Carole Wockner and Paul Fletcher via US Mail. (DWH) Modified on 4/29/2019 (DWH). |
Filing 171 Defendants/Counter Plaintiffs' Rule 72 Objection to Magistrate Judge's Denial of Leave to File Response to Motion for Summary Judgment Out of Time and to File Oversized Response Brief, filed by Defendant CAROLE WOCKNER. (Attachments: #1 Exhibit A, #2 Exhibits B1 and B2, #3 Envelope)(JDH) |
Filing 169 ORDER denying #168 Motion for Leave to File a Tardy and Oversized Response to Plaintiff's Partial Motion for Summary Judgment #168 . Signed by Magistrate Judge Mark J. Dinsmore on 2/22/2019 (dist made) (CBU) |
Filing 170 NOTICE of Supplemental Filing for Response in Opposition to Plaintiff and Counter Defendant's Motion for Summary Judgment, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER (Attachments: #1 Table of Authorities, #2 Envelope) (DWH) |
Filing 168 MOTION for Leave to File Tardy and Oversized Response to Plaintiff and Counter Defendant's Partial Motion for Summary Judgment, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Proposed Response in Opposition to Motion for Partial Summary Judgment, #2 Table of Contents, #3 Index of Exhibits, #4 Exhibit A1-A10 Valuations, #5 Exhibit A-11-A-15 Trading Authorizations, #6 Exhibit A16-A-20 Fiduciary Golomb Deposition, #7 Exhibit A-21-A-27, #8 Exhibit B1-B-4 Fidelity Beneficiary Change 08-02-08, #9 Exhibit B-5-B-6 Account Summary, #10 Exhibit B7-B-8 Successor Plan Administrator, #11 Exhibit C Fidelity Agent Kim Rice Deposition, #12 Exhibit D Symphoney Log, #13 Exhibit E Deposition of Mrs. Taylor (Elsie Taylor), #14 Exhibit F email from HWE re: UPS Delivery to and from Customer, #15 Exhibit G HWE Interview of Witness Chris Fasnacht, #16 Exhibit H Deposition of Mark Zupan, #17 Exhibit I Placed and Received Calls from Mary Zupan's Phone, #18 Exhibit J AT&T Phone Records for Fidelity's Oak Brook Office, Subpoena Rider, #19 Exhibit K Affidavits of Paul Fletcher, #20 Exhibit L Affidavits of Don Johnson, #21 Exhibit M State Court Complaint, #22 Exhibit N Case Communications with Attorney SKBW, #23 Exhibit ) Case Communications with Attorney HWE, #24 Exhibit P Withdrawal Order for HWE, #25 Exhibit Q Interrim Attorney Kasich Background, #26 Exhibit R Affidavits and Deposition of Carole Wockner, 03-07-09 Phone Memo, #27 Exhibit S Pre-Engagement Communications with ACH and Agreement, #28 Exhibit T Communications with ACH, #29 Exhibit U Letters to/from ACH, #30 Exhibit V Statements from ACH in chronological Order, #31 Exhibit W State Court Docket, #32 Exhibit X State Court Trial Transcript 07-18-16, #33 Exhibit Y Documents Related to Alerding's 4-10-16 Exit from Case)(MAC) |
Filing 167 ORDER (Marginal Notation): The Court ACCEPTS Plaintiff's Jurisdictional Statement, dkt. #164 , as sufficient to establish the Court's diversity jurisdiction at this time. Signed by Judge James Patrick Hanlon on 1/16/2019.(DWH) |
Filing 166 RESPONSE in Support of Objection to Magistrate Judge's Order on Motion for Fees and Expenses, filed by Miscellaneous GRACEIA GOLOMB, WAYNE GOLOMB. (Sommers, Joanne) |
Filing 165 ORDER: This matter comes before the Court on Defendants' Motion for Leave to File Oversized Brief in Response to Alerding Castor's Motion for Summary Judgment. [Dkt. #163 .] On January 9, 2019, the Court issued an order denying Defendants' third motion for extension of time to respond to Plaintiff's motion for summary judgment dated. Dkt. 160.] In light of that order, Any brief by Defendants would be untimely. Accordingly, the Court hereby DENIES AS MOOT Defendants' Motion for Leave to File Oversized Brief in Response to Alerding Castor's Motion for Summary Judgment. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/15/2019. (SWM) |
Filing 164 Jurisdictional Statement of Plaintiff Alerding Castor LLP, re #162 Order by ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 163 MOTION for Leave to File Oversized Brief in Response to Counter Defendant's Motion for Summary Judgment, filed by Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 162 ORDER Therefore, the Court ORDERS Plaintiff to file jurisdictional statement by January 25, 2019, that provides the citizenship of its limited partners and any general partner. Should that statement leave the Court's jurisdiction unresolved, the Court will require the parties to conduct further investigation and file a joint jurisdictional statement regarding the underlying jurisdictional allegations before the litigation moves forward (SEE ORDER). Signed by Judge James Patrick Hanlon on 1/11/2019. Copy to Plaintiff via US Mail. (DWH) |
Filing 160 ORDER denying Defendants' #159 Motion for Extension of Time to File Response re #129 MOTION for Partial Summary Judgment . See Order. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/9/2019. (SWM) |
Filing 161 RESPONSE in Opposition re #150 Order on Motion for Attorney Fees, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 159 MOTION (Third) for Extension of Time to File Response re #129 MOTION for Partial Summary Judgment , filed by Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope). (MAC) |
Filing 158 OBJECTION, re #148 Order on Motion denying Court-Sourced Expert, filed by Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope). (MAC) |
Filing 157 NOTICE of Filing Objection to Magistrate Judge's Order on Motion for Fees and Expenses by GRACEIA GOLOMB, WAYNE GOLOMB (Sommers, Joanne) |
Filing 156 ORDER granting Defendants / Counter Claimants' #155 Motion for Extension of Time to File Response to 1/3/2019 re #129 MOTION for Partial Summary Judgment . No further enlargement of this deadline will be granted. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/19/2018. (SWM) |
Filing 155 MOTION for Extension of Time to File Response re #129 MOTION for Partial Summary Judgment , filed by Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 154 ORDER GRANTING DEFENDANTS/COUNTERCLAIMANTS' MOTIONS FOR EXTENSION OF TIME TO FILE RULE 72 OBJECTIONS - Defendants/Counterclaimants' motions for extension of time to file Rule 72 objections, dkts. #151 , #152 , and #153 , are GRANTED for the reasons set out in the motions, to the extent that objections to the Magistrate Judge's orders at docket numbers 147, 148, and 149 SHALL BE DUE on December 29, 2018. Defendants/Counterclaimants are reminded that as of December 1, 2018, motions for extension of time ordinarily "must... be filed at least three business days prior to the deadline absent extraordinary circumstances, or summary denial may result." S.D. Ind. L.R. 6-1(a).The Clerk SHALL INCLUDE a copy of this case's docket with this order. Signed by Judge James Patrick Hanlon on 12/14/2018. Copies distributed pursuant to distribution list. (DWH) |
Filing 153 MOTION for Extension of Time to file Rule 72 Objection to re #149 ORDER, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 152 MOTION for Extension of Time to file Rule 72 Objection to re #148 ORDER filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 151 MOTION for Extension of Time to file Rule 72 Objection to #147 Order, filed by Counter Claimants PAUL FLETCHER, CAROLE WOCKNER, Defendant CAROLE WOCKNER. (Attachments: #1 Envelope)(DWH) |
Filing 150 ORDER denying Non-Parties Wayne R. Golomb and Graceia Golomb's #89 Motion for Fees and Expenses. See Order. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/10/2018. (SWM) |
Filing 149 ORDER denying Defendants' #134 Motion to Amend Rule 16 Scheduling Order; granting in part and denying in part Defendants' #140 Motion for Extension of Time to File Response re #129 MOTION for Partial Summary Judgment. Defendants' response to Plaintiff's Motion for Partial Summary Judgment [Dkt. 129] shall be due on or before December 14, 2018. No further enlargement of this deadline will be granted. See Order for additional information. Copy to Defendants via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/28/2018. (SWM) |
Filing 148 ORDER denying Defendants' #135 Motion for Court-Sourced Expert Witness. See Order. Copy to Defendants via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/27/2018. (SWM) |
Filing 147 ORDER denying Defendants' #128 Motion to Fully Answer Interrogatory; granting Defendants' #136 Motion for Extension of Time to File Reply to Plaintiff's Response in Opposition to Motion to Fully Answer Interrogatory. See Order. Copy to Defendants via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/26/2018. (SWM) |
Filing 146 Reassignment of Case to Judge James Patrick Hanlon. Judge Richard L. Young is no longer assigned to this case. Please include the new case number ( 1:16-cv-2453-JPH-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (CDad) |
Filing 145 Exhibit List (Final), filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Witness List (Final), filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope). (MAC) |
Filing 144 RESPONSE in Opposition re #140 MOTION for Extension of Time to File Response to 1/3/2019 re #129 MOTION for Partial Summary Judgment , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 143 Exhibit List , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP, Witness List , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 142 REPLY in Support of Motion re #135 MOTION for Court-Sourced Expert Witness for Legal Malpractice, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 141 REPLY in Support of Motion re #134 MOTION to Amend Rule 16 Scheduling Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 140 MOTION for Extension of Time to File Response re #129 MOTION for Partial Summary Judgment , filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 139 REPLY in Support of Motion re #128 MOTION, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 138 RESPONSE in Opposition re #135 MOTION for Court Appointed Expert, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Brown, Michael) |
Filing 137 RESPONSE in Opposition re #134 MOTION to Amend/Correct Rule 16 Scheduling Order, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 136 MOTION for Extension of Time to File Reply to 10/22/2018 re #128 MOTION, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
Filing 135 MOTION for Court-Sourced Expert Witness for Legal Malpractice, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(NAD) |
Filing 134 MOTION to Amend Rule 16 Scheduling Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 133 RESPONSE in Opposition re #128 MOTION , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Roach, Anthony) |
Filing 132 NOTICE to Pro Se Parties Regarding Right to Respond to and Submit Evidence in Opposition to Motion for Summary Judgment, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP, re #129 MOTION for Partial Summary Judgment . (Brown, Michael) |
Filing 131 Designation of Evidence re #129 MOTION for Partial Summary Judgment , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Brown, Michael) |
Filing 130 BRIEF/MEMORANDUM in Support re #129 MOTION for Partial Summary Judgment , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit 1 - Affidavit of Michael Alerding, #2 Exhibit 2 - Affidavit of Anthony Roach, #3 Exhibit 3 - Affidavit of David Jensen, #4 Exhibit 4 - Defendants' Answers to Interrogatories)(Brown, Michael) |
Filing 129 MOTION for Partial Summary Judgment , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Brown, Michael) |
Filing 128 MOTION to Fully Answer Interrogatory, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 127 Statement of Claims and Defenses and Motion for Leave to Amend Statement of Claims and Defenses, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 126 NOTICE to Court of Submission of Plaintiff/Counter Defendant's Third Supplemental Objections and Responses to Defendants/Counter Plaintiffs' First Set of Interrogatories to Plaintiff Alerding Castor Hewitt, LLC [sic], filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP, re #122 Order on MotionOrder on Appeal of Magistrate Judge Decision to District Court. (Roach, Anthony) |
Filing 125 Statement of Claims and Defenses by ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 124 ORDER granting Plaintiff/Counter Defendant's #123 Motion to Make All Deadlines to File Expert Witness Disclosures due on October 8, 2018. The approved Case Management Plan as amended [Dkts. 27, 29, 73, 94, & 120] is hereby further amended as follows (SEE ORDER). Copies to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/6/2018. (SWM) |
Filing 123 MOTION for Extension of Time to 10/8/2018 to Make All Deadlines to File Expert Witness Disclosures due on October 8, 2018, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Roach, Anthony) |
Filing 122 ENTRY ON DEFENDANTS' OBJECTION TO MOTION TO COMPEL - Defendants' Objection is OVERRULED as MOOT with respect to Production Responses 3, 4, and 5, and SUSTAINED in part (Filing No. 107) with respect to Interrogatories 5 and 6. Mr. Alerding shall respond to Interrogatory No. 5 and Interrogatory No. 6 (i), (ii) and (vi) within twenty (20) days of the date of this Entry. SEE ENTRY. Signed by Judge Richard L. Young on 8/24/2018. (JRB) |
Filing 121 Defendants/Counter-Plaintiffs' Rule 72 Objection to Magistrate Judge's #120 Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(APD) Modified on 7/19/2018 (TMD). |
Filing 120 ORDER ON PLAINTIFF/COUNTER DEFENDANT'S MOTION TO QUASH PRODUCTION [DKT. 109], DEFENDANTS/COUNTER PLAINTIFFS' SECOND MOTION TO COMPEL DISCOVERY AND TO EXTEND RULE 16 SCHEDULING ORDER [DKT. 114], AND PLAINTIFF/COUNTER DEFENDANT'S MOTION FOR AN ENLARGMENT OF TIME TO FILE DISPOSITIVE MOTIONS [DKT. 119]. Plaintiff/Counter Defendant's Motion to Quash Production of Confidential Bank Records [Dkt. #109 ] is DENIED in part in that The National Bank of Indianapolis is ORDERED to provide Defendants a copy of only the Defendants' checks deposited to that bank by AC; the Motion to Quash [Dkt. 109] is GRANTED in all other respects. Defendants/Counter Plaintiffs' Second Motion to Compel Discovery and to Extend Rule 16 Scheduling Order [Dkt. #114 ] is DENIED to the extent it seeks to compel further discovery responses and GRANTED to the extent it seeks to extend the discovery deadline, and the Case Management Plan is amended as set forth above. Plaintiff/Counter Defendant's Motion for an Enlargement of Time to File Dispositive Motions [Dkt. #119 ] is GRANTED, and the Case Management Plan is amended as set forth above. See Order for established deadlines and additional information. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/29/2018. (SWM) Modified on 6/29/2018 (SWM). |
Filing 119 MOTION for Extension of Time to N/A to File Dispositive Motions, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Roach, Anthony) |
Filing 118 REPLY in Support of Motion re #114 MOTION to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
Filing 117 RESPONSE in Opposition re #114 MOTION to Compel (AMENDED RESPONSE), filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 116 Statement of Claims and Defenses by ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 115 RESPONSE in Opposition re #114 MOTION to Compel , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 114 Second Motion to Compel Discovery and to Extend Rule 16 Scheduling Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Envelope)(APD) |
Filing 113 RESPONSE in Opposition re #109 MOTION to Quash Production of Confidential Bank Records, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
Filing 112 ORDER denying Defendants' #108 Motion for Clarification. See Order. Copies via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/26/2018. (SWM) |
Filing 111 ORDER overruling #90 Motion regarding objection to Magistrate Judge's Order 87 on Motion to Quash - SEE ORDER. Signed by Judge Richard L. Young on 3/20/2018. (JRB) |
Filing 110 ORDER denying #91 Motion for District Judge Review of Magistrate Judge - SEE ORDER. Signed by Judge Richard L. Young on 3/20/2018. (JRB) |
Filing 109 MOTION to Quash Production of Confidential Bank Records, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit A-Subpoenas, #2 Text of Proposed Order)(Roach, Anthony) |
Filing 108 MOTION For Clarification of Magistrate Judge's #98 Order on Motion to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 107 OBJECTION TO MAGISTRATE JUDGE'S #98 ORDER ON MOTION TO COMPEL, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) Modified on 2/28/2018 (TMD). |
Filing 106 ORDER granting Defendants'/Counter Plaintiffs' #105 Motion for Extension of Time to File Objection to Magistrate Judge's Order on Motion to Compel, Dated January 26, 2018 to 2/26/2018. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/15/2018. (SWM) |
Filing 105 MOTION for Extension of Time to File Rule 72 Objection to Magistrate Judge's #98 Order on Motion to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 104 RESPONSE of Non-Parties Golombs in Support of Brief of Expenses and Fees, re #89 Brief/Memorandum in Support, filed by Miscellaneous GRACEIA GOLOMB, WAYNE GOLOMB. (Sommers, Joanne) |
Filing 102 CORRECTED Version of previously filed #100 TRANSCRIPT of Teleconference held on 8/21/17 before Magistrate Judge Mark J. Dinsmore. (25 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/20/2018. Release of Transcript Restriction set for 4/30/2018. (Howie-Walters, Laura) Released on 5/1/2018 (SWM). |
Filing 101 TRANSCRIPT of Teleconference held on 10/17/17 before Magistrate Judge Mark J. Dinsmore. (9 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/20/2018. Release of Transcript Restriction set for 4/30/2018. (Howie-Walters, Laura) Released on 5/1/2018 (SWM). |
Filing 100 *** SEE DKT. NUMBER 102 FOR CORRECTED TRANSCRIPT *** TRANSCRIPT of Teleconference held on 8/21/17 before Magistrate Judge Mark J. Dinsmore. (25 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/20/2018. Release of Transcript Restriction set for 4/30/2018. (Howie-Walters, Laura) Modified on 5/1/2018 (SWM). |
Filing 99 NOTICE of FILING of OFFICIAL TRANSCRIPTS of Teleconferences held before Magistrate Judge Mark J. Dinsmore on 8/21/17 and 10/17/17 (Howie-Walters, Laura) |
Filing 98 ORDER granting in part and denying in part Defendants/Counter Plaintiffs #78 Motion to Compel. See Order. The Court declines to award fees or expenses to either party. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2018. (SWM) |
Filing 97 ORDER denying Defendants/Counter Plaintiffs' #81 Motion to Strike Plaintiff/Counter Defendant's Response in Opposition to Defendants/Counter Plaintiffs' Motion to Compel. See Order. Copies via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2018. (SWM) |
Filing 96 REPLY, re #92 Response, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) Modified on 1/23/2018 to correct filed date (APD). |
Filing 95 Defendants/Counter Plaintiffs Response in Opposition to Protective Order Dated December 5, 2017 and Non-Parties Golombs' Brief of Expenses and Fees Related to Defendants' Subpoena. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
Filing 94 ORDER VACATING Status Conference scheduled for 1/16/2018 and it will be rescheduled by separate order. Order Amending Case Management Plan- See Order for new deadlines. (Discovery due by 4/13/2018. Dispositive Motions due by 5/11/2018. Exhibit and Witness List due by 7/23/2018. Signed by Magistrate Judge Mark J. Dinsmore on 1/16/2018 (dist made)(CBU) |
Filing 93 NOTICE of Change of Law Firm Name, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP (Alerding, Michael) |
Filing 92 RESPONSE in Opposition to Defendants/Counter-Plaintiffs Paul Fletcher and Carole Wockner's Objection to Magistrate Judge's Order, filed by Miscellaneous GRACEIA GOLOMB, WAYNE GOLOMB. (Sommers, Joanne) |
Filing 91 Defendants/Counter Plaintiffs Motion for District Judge Review of Magistrate Judge, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
Filing 103 CORRECTED DOCUMENT - Please disregard document re #90 Motion (Other) which was Docketed in Error. Corrected document has been attached to this entry. (Attachments: #1 Exhibit -- Various Documents, #2 Envelope) (DJH) |
Filing 90 MOTION regarding objection to Magistrate Judge's Order #87 on Motion to Quash, dated 12/5/2017, filed by Defendants PAUL FLETCHER and CAROLE WOCKNER. (Attachments: #1 Exhibits - Various Documents, #2 Envelope)(SWM) Modified on 12/28/2017 (TMD). |
Filing 89 BRIEF/MEMORANDUM in Support of Non-Parties' Expenses and Fees Related to Defts' Subpoena, filed by Miscellaneous GRACEIA GOLOMB, WAYNE GOLOMB. (Attachments: #1 Exhibit Exhibit 1 - Affidavit of George Plews, #2 Text of Proposed Order (Proposed) Order on Non-Parties' Brief)(Sommers, Joanne) Modified on 10/4/2018 (GD). |
Filing 88 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/14/2017. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 1/16/2018 at 3:10 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Parties shall attend by calling 1-877-336-1839, Access Code 4951264, Security Code 162453. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (Distribution to Defendants via U.S. Mail.) (GD) |
Filing 87 ORDER granting Non-Parties' Wayne R. Golomb and Graceia Golomb #61 Motion to Quash. See Order. Copy to Carole Wockner and Paul Fletcher via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/5/2017. (SWM) |
Filing 86 AMENDED SCHEDULING ORDER-TELEPHONIC Status Conference reset for 12/14/2017 at 11:30 AM (Eastern) before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 11/20/2017 (dist made)(CBU) |
Filing 85 REPLY in Support of Motion re #78 MOTION to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit Attorney Bios, #2 Proof of Service, #3 Envelope)(APD) |
Filing 84 REPLY in Support of Motion re #81 MOTION to Strike #80 Response in Opposition to Motion MOTION to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 83 RESPONSE in Opposition re #81 MOTION to Strike #80 Response in Opposition to Motion MOTION to Compel , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Exhibit A-ECF Attorney Registration Form Example, #2 Text of Proposed Order)(Roach, Anthony) |
Filing 82 SCHEDULING ORDER: This matter comes before the Court on Defendants/Counter Plaintiffs' motion to strike Plaintiff/Counter Defendant's response and objection to their motion to compel. [Dkt. 81.] Plaintiff/Counter Defendant shall respond to the motion to strike on or before November 9, 2017 and Defendants/Counter Plaintiffs may file any reply in support of the motion to strike on or before November 17, 2017. Notwithstanding the pendency of the motion to strike, Defendants/Counter Plaintiffs shall file any reply in support of their motion to compel on or before November 17, 2017. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/2/2017.(SWM) |
Filing 81 MOTION to Strike #80 Response in Opposition to Motion, MOTION to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(APD) |
Filing 80 RESPONSE in Opposition re #78 MOTION to Compel , filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Alerding, Michael) |
Filing 79 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/17/2017. Counsel for Nonparties Wayne & Graecia Golomb also appeared. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 12/13/2017 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Parties shall attend by calling 1-877-336-1839, Access Code 4951264, Security Code 162453. Signed by Magistrate Judge Mark J. Dinsmore. (Distribution to Defendant Paul Fletcher & Defendant Carole Wockner via U.S. Mail.) (GD) |
Filing 78 MOTION to Compel, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit Interrogatories, #2 Exhibit Response to Interrogatories, #3 Exhibit Correspondence, #4 Exhibit Correspondence, #5 Exhibit Engagement Letter)(APD) (Additional attachment(s) added on 10/3/2017: #6 Envelope) (SWM). |
Filing 77 REPLY in Support of Motion re #61 MOTION to Quash , filed by Miscellaneous GRACEIA GOLOMB, WAYNE GOLOMB. (Attachments: #1 Exhibit K - Complaint, #2 Exhibit L - Opinion and Order, #3 Exhibit M - Deposition of Golomb)(Sommers, Joanne) |
Filing 76 ORDER: In light of the Court's order dated August 28, 2017 [Dkt. 73], Defendants' Resubmittal of Unanswered Motion to Amend Rule 16 Scheduling Order Dkt. #71 and Plaintiff/Counter Defendant's Motion for Enlargement of Time to File Dispositive Motions and Objection to Resubmittal of Unanswered Motion to Amend Rule 16 Scheduling Order Dkt. #72 are hereby DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 9/18/2017. (SWM) |
Filing 75 RESPONSE in Opposition re #61 MOTION to Quash , filed by Defendants PAUL FLETCHER, CAROLE WOCKNER, Counter Claimants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope Interior, #2 Envelope Exterior)(APD) |
Filing 74 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 9/13/2017. Settlement not achieved. Telephonic Status Conference set for 10/17/2017 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel & Defendants shall attend by calling 1-877-336-1839, Access Code 4951264, Security Code 162453. Signed by Magistrate Judge Mark J. Dinsmore. (Distributions to Defendants via U.S. Mail.) (GD) |
Filing 73 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/21/2017. Parties discussed case schedule & status of discovery. Court hereby amends approved Case Management Plan ( #27 & #29 ): Statements of Claims or Defenses due by 2/16/2018; Dispositive Motions due by 3/9/2018; Discovery due by 2/9/2018. Court GRANTS #67 & #68 Defendants' motion for enlargement of time to respond to Plaintiff's first requests for production, interrogatories & requests for admissions; Defendants' responses due by 9/1/2017. Court GRANTS #70 Defendants' motion for enlargement of time to respond to nonparties' motion to quash; Defendants' response due by 9/15/2017. Settlement Conference set for 9/13/2017 remains on calendar as scheduled. All parties expected to appear in person. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore.(Distributions to Defendants via U.S. Mail.) (GD) |
Filing 72 MOTION for Extension of Time to 10/16/2017 in which to #71 MOTION to File Dispositive Motions and Objection to Defendants/Counter Plaintiffs' Resubmittal of Unanswered Motion to Amend Rule 16 Scheduling Order, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Roach, Anthony) |
Filing 71 Resubmittal of Unanswered Motion to Amend Rule 16 Scheduling Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 70 MOTION for Extension of Time to File Response to #61 MOTION to Quash , filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 69 RESPONSE to Plaintiff's Request for Admission, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 68 Amended MOTION for Extension of Time to Respond to Plaintiff's First set of Requests for Production of Documents, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) Modified on 8/15/2017 (JRB). |
Filing 67 MOTION for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 66 AMENDED SCHEDULING ORDER: The Court sua sponte now RESCHEDULES the telephonic Status Conference currently scheduled for August 18, 2017 at 5:00 p.m. to Monday, August 21, 2017 at 12:00 p.m. (Eastern). All other requirements of the Court's order dated July 28, 2017 [Dkt. 65] remain in effect, and the parties are reminded to attend the conference by calling 1-877-336-1839, Access Code 4951264, Security Code 162453. Copy to Peter Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 8/10/2017.(SWM) |
Filing 65 SCHEDULING ORDER-TELEPHONIC Status Conference set for 8/18/2017 at 5:00 PM (Eastern) before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status and the parties' readiness for the upcoming settlement conference. Signed by Magistrate Judge Mark J. Dinsmore on 7/28/2017 (dist made)(CBU) |
Filing 64 SCHEDULING ORDER- Settlement Conference set for 9/13/2017 at 1:00 PM (Eastern) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 7/28/2017 (dist made)(CBU) |
Filing 63 CERTIFICATE OF SERVICE by GRACEIA GOLOMB, WAYNE GOLOMB re #60 Notice of Appearance (Sommers, Joanne) |
Filing 62 CERTIFICATE OF SERVICE by GRACEIA GOLOMB, WAYNE GOLOMB re #59 Notice of Appearance (Plews, George) |
Filing 61 MOTION to Quash , filed by Miscellaneous Graceia Golomb, Wayne Golomb. (Attachments: #1 Exhibit A - Letter to Fletcher & Wockner, #2 Exhibit B - Subpoena, #3 Exhibit C - July 19, 2017 Letter, #4 Exhibit D - Amended Complaint, #5 Exhibit E - Golomb's Memo In Supp of Mot for Sanctions, #6 Exhibit F - Order, #7 Exhibit G - Golomb's Resp to Plf's Obj, #8 Exhibit H - Plf's Resp in Opp to Golomb's MSJ, #9 Exhibit I - Golomb's Memo in Supp of Mot to Strike Exhibits, #10 Exhibit J - Order)(Sommers, Joanne) |
Filing 60 NOTICE of Appearance by Joanne Rouse Sommers on behalf of Miscellaneous Graceia Golomb, Wayne Golomb. (Sommers, Joanne) |
Filing 59 NOTICE of Appearance by George M. Plews on behalf of Miscellaneous Wayne Golomb, Graceia Golomb. (Plews, George) |
Filing 58 ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Magistrate Judge Mark J. Dinsmore. Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number, 1:16-cv-02453-RLY-MJD, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 7/18/2017. (distribution made to pro se parties) (NLR) |
Filing 57 ORDER granting in part and denying in part #54 Defendants/Counter Claimants' Motion to Continue Settlement Conference and Amend Rule 16 Scheduling Order [Dkt. #54 ]. The Court, being duly advised in the premises, hereby GRANTS IN PART the motion. The settlement conference set for May 17, 2017 is VACATED. Under separate order, this matter will be set for a telephonic status conference to discuss case management dates and deadlines. Signed by Magistrate Judge Denise K. LaRue on 5/12/2017. (Copies mailed to Pro se parties.) (REO) Modified on 5/12/2017 (REO). |
Filing 56 REPLY in Support of #54 MOTION to Continue Settlement Conference, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(JRB) (Additional attachment(s) added on 5/11/2017: #3 Envelope) (JRB). |
Filing 55 RESPONSE in Opposition re #54 MOTION to Continue Settlement Conference and Amend Rule 16 Scheduling Order, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 54 MOTION to Continue Settlement Conference and Amend Rule 16 Scheduling Order, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 53 ORDER denying #28 Motion to Transfer Case to Northern District of Indiana. SEE ORDER. Copy sent to Defendants via US Mail. Signed by Judge Richard L. Young on 4/28/2017. (JRB) |
Filing 52 ORDER granting #51 Motion to issue blank subpoenas (marginal). Signed by Magistrate Judge Denise K. LaRue on 4/24/2017 (returned to pro se defendants in supplied envelope) (CBU) |
Filing 51 MOTION for Court Issued Blank Subpoenas, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 50 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 4/6/2017 - Parties discussed case status and discovery. The settlement conference remains set for May 17, 2017. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (copies mailed to pro se litigants) (REO) Modified on 4/13/2017 (REO). |
Filing 48 ORDER granting #47 Motion for Extension of Time to 4/3/2017 to respond to discovery requests. Signed by Magistrate Judge Denise K. LaRue on 3/22/2017 (dist made) (CBU) |
Filing 47 Unopposed MOTION for Extension of Time to 4/3/2017 to Respond to Defendants/Counter Plaintiffs' Discovery Requests, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Attachments: #1 Text of Proposed Order)(Roach, Anthony) |
Filing 46 ORDER denying Defendants-Counter Claimants Paul Fletcher and Carole Wockner's #45 Motion for Court Order for Discovery, seeking a court order directing nonparty TransUnion to release credit reports sought in a subpoena served on TransUnion. See Order. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Denise K. LaRue on 3/20/2017. (SWM) |
Filing 45 MOTION for Court Order for Discovery, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(JRB) |
Filing 44 Exhibit and Witness Lists filed by Defendants PAUL FLETCHER and CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 43 Exhibit List Preliminary, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP, Witness List Preliminary, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 42 Submission of Copy of Letter to Paul Fletcher and Carole Wockner from Tom Morris. (Attachments: #1 Envelope)(JRB) |
Filing 41 Subpoena for National Financial Services to Produce Documents, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Rider, #2 Envelope)(JRB) |
Filing 40 Subpoena for Wells Fargo Bank to Produce Documents, filed by Plaintiff ALERDING CASTOR HEWITT LLP. (Attachments: #1 Rider, #2 Envelope)(JRB) |
Filing 39 REPLY in Support of #28 MOTION to Transfer Case, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Exhibit, #2 Envelope)(JRB) |
Filing 38 SUBPOENA as to Arvest Bank (Attachments: #1 Rider, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 37 SUBPOENA as to AT&T Record Compliance Center (Attachments: #1 Request for Production, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 36 SUBPOENA as to Frontier Communications (Attachments: #1 Request for Production, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 35 SUBPOENA as to Highlands Oncology Group (Attachments: #1 Rioer, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 34 SUBPOENA as to JP Morgan Chase Bank, N.A. (Attachments: #1 Rider, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 33 SUBPOENA as to Tom Morris (Attachments: #1 Rider, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 32 SUBPOENA as to TransUnion (Attachments: #1 Rider, #2 Proof of Service, #3 Envelope) (JRB) |
Filing 31 RESPONSE in Opposition re #28 MOTION to Transfer Case and Objection, filed by Plaintiff ALERDING CASTOR HEWITT LLP, Counter Defendant ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 30 SCHEDULING ORDER- Settlement Conference set for 5/17/2017 at 1:30 PM (Eastern) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 12/30/2016.(CBU) Modified on 12/30/2016 (CBU) (dist made) |
Filing 29 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Initial Pretrial Conference held on 12/13/2016 - Parties discussed case status and scheduling. Defendant Fletcher intends to file a motion to transfer this case to the Northern District of Indiana and then seek leave to have it consolidated with the other legal malpractice case pending there. The Case management Plan [Dkt. #27 ] is approved as amended. This matter is set for a telephonic status conference on THURSDAY, APRIL 6, 2017, AT 10:30 A.M., EASTERN. Counsel will receive call-in instructions for the conference via separate email notification. This matter will be set for a settlement conference under separate order. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) |
Filing 28 MOTION to Transfer Case to Northern District of Indiana, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 27 CASE MANAGEMENT PLAN TENDERED, filed by Counter Defendant ALERDING CASTOR HEWITT LLP . (Brown, Michael) |
Filing 26 CASE MANAGEMENT PLAN TENDERED, filed by Defendants PAUL FLETCHER and CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 25 NOTICE of Filing of Motion to Consolidate in Northern District of Indiana District Court Case Number 2:14-cv-0231-RL-PRC by PAUL FLETCHER, CAROLE WOCKNER (Attachments: #1 Exhibit 1, #2 Envelope) (JRB) |
Filing 24 ANSWER to #14 Counterclaim , filed by ALERDING CASTOR HEWITT LLP.(Brown, Michael) |
Filing 23 MINUTE ORDER for proceedings held before Magistrate Judge Denise K. LaRue: Initial Pretrial Conference held on 10/31/2016. Plaintiff/Counter Defendant was represented by Anthony Roach, Michael Alerding, and Michael E. Brown. Defendants/Counter Claimants Paul Fletcher and Carole Wockner proceeded pro se. A discussion was had about this case and a legal malpractice case pending in the Northern District of Indiana. An Answer is due in this case on November 30, 2016. Plaintiff had filed a summary judgment motion before this case was removed from state court. However, Plaintiff agreed that there is no currently pending motion for summary judgment. Therefore Defendants Paul Fletcher and Carole Wockner's Motion for Enlargement of Time to File Responsive Pleading to Plaintiff's Motion for Summary Judgment [doc. 15] is denied as moot. Status Conference set for 12/13/2016 at 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Denise K. LaRue. The parties and counsel should call 877-336-1274 to participate in the conference. Callers will be required to enter Access Code 9785171 and Security Code 091416 before being connected to the conference call.The parties are directed to confer, prepare, and file a proposed Case Management Plan (CMP) no later than December 9, 2016. *see order for additional information* Signed by Magistrate Judge Denise K. LaRue. (dist. made) (NLR) |
Filing 22 NOTICE of Appearance by Michael E. Brown on behalf of Counter Defendant ALERDING CASTOR HEWITT LLP. (Brown, Michael) |
Filing 21 SCHEDULING ORDER-TELEPHONICALLY Initial Pretrial Conference set for 10/31/2016 at 2:30 PM (Eastern) before Magistrate Judge Denise K. LaRue. All other requirements of the Court's order dated 9/21/2016 remain in effect. Signed by Magistrate Judge Denise K. LaRue on 10/25/2016 (dist made)(CBU) |
Filing 20 NOTICE of Reassignment of Case to Magistrate Judge Denise K. LaRue. Magistrate Judge Debra McVicker Lynch no longer assigned to the case. Please include the new case number, 1:16-cv-2453-RLY-DKL, on all future filings in this matter. (DJH) |
Filing 19 ORDER OF RECUSAL: In accordance with the provisions of Title 28 U.S.C. 455, the undersigned hereby disqualifies herself in this matter. The Clerk of Court is directed to reassign randomly this matter to another magistrate judge, pursuant to the court's reassignment procedures. Copy to Carole Wockner and Paul Fletcher via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/21/2016.(SWM) |
Filing 18 *** PLEASE DISREGARD - SEE DKT. NUMBER 19 *** ORDER OF RECUSAL: In accordance with the provisions of Title 28 U.S.C. 455, the undersigned hereby disqualifies herself in this matter. The Clerk of Court is directed to reassign randomly this matter to another magistrate judge, pursuant to the court's reassignment procedures. Copy to Carol Wockner and Paul Fletcher via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/21/2016.(SWM) Modified on 10/21/2016 (SWM). |
Filing 17 NOTICE of Filing Plaintiff's Notice of Automatic Initial Extension of Time by ALERDING CASTOR HEWITT LLP (Alerding, Michael) |
Filing 16 Remark - Receipt of Marion Circuit Court records (Notice of Removal action) (Attachments: #1 Envelope) (RSF) |
Filing 15 MOTION for Extension of Time to File Responsive Pleading to Plaintiff's Motion for Summary Judgment, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Affadavit of Paul Fletcher, #2 Affadavit of Carole Wockner)(JRB) |
Filing 14 COUNTERCLAIM against ALERDING CASTOR HEWITT LLP, filed by CAROLE WOCKNER, PAUL FLETCHER.(JRB) |
Filing 13 ANSWER and Affirmative Defenses to Complaint, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (JRB) |
Filing 12 NOTICE of Appearance by Anthony Roach on behalf of Plaintiff ALERDING CASTOR HEWITT LLP. (Roach, Anthony) |
Filing 11 NOTICE to Supplement Defendants' Notice of Removal, filed by Plaintiff ALERDING CASTOR HEWITT LLP, re #1 Notice of Removal. (Attachments: #1 Exhibit A-Complaint & Affidavit of Debt, #2 Exhibit B-Notice of Removal, #3 Exhibit C-ACH's MSJ Filing) (Alerding, Michael) |
Filing 10 Corporate Disclosure Statement by ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 9 NOTICE of Appearance by Michael J. Alerding on behalf of Plaintiff ALERDING CASTOR HEWITT LLP. (Alerding, Michael) |
Filing 8 Submission of Clarification on Filing of Proof of Service, filed by Defendant PAUL FLETCHER. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Envelope)(JRB) |
Filing 7 SCHEDULING ORDER: Initial Pretrial Conference set for 10/31/2016 02:30 PM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Please have a copy of this order available for the conference. Failure to attend this pretrial conference may subject your case to dismissal (if a plaintiff) or default (if a defendant). See Order for additional information. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/21/2016.(SWM) |
Filing 6 ORDER granting Pro Se Defendants' #2 Motion for Extension of Time to File response to complaint to 10/12/2016. See Order for additional information. Copy to Paul Fletcher and Carole Wockner via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/21/2016. (SWM) (Main Document 6 replaced on 9/21/2016) (SWM). |
Filing 5 DEMAND for Trial by Jury, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 4 CIVIL COVER SHEET, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope)(JRB) |
Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) |
Filing 2 MOTION for Extension of Time to October 12, 2016, filed by Defendants PAUL FLETCHER, CAROLE WOCKNER. (Attachments: #1 Envelope Proof of Service, #2 Envelope)(MEH) |
Filing 1 NOTICE OF REMOVAL from Marion County Circuit Court, case number 49D01-1608-CC-028572, filed by CAROLE WOCKNER, PAUL FLETCHER. (Filing fee $400, receipt number IP052478) (Attachments: #1 Envelope, #2 State Court Record - Notice, Complaint, Letter, Summons, Enlargement of Time)(MEH) |
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