77th Street Partners et al v. Bash
| 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Brian Williams, Michael Miles and Oberoi Partners, LP |
| Brian A. Bash |
| 5:2012cv02625 |
| October 19, 2012 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Bankruptcy Withdrawl |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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Filing 39
Order of Dismissal: This matter was presented to the Court upon the Trustee's Motion for Dismissal with Prejudice (the "Motion"). The Court having considered the Motion, and after due deliberation and consideration of the facts and circumstances therein: It is hereby ORDERED, ADJUDGED, AND DECREED as follows: 1. The Motion is GRANTED in its entirety. 2. All claims in this Litigation against Michael Miles are dismissed with prejudice. Judge Patricia A. Gaughan on 1/26/15. (LC,S) re #38
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| Filing 38 Motion to dismiss party Michael Miles with Prejudice filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
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Filing 37
Order referring case to Honorable Pat E. Morgenstern-Clarren for pretrial supervision. Until further notice, all future filing and docketing, with the exceptions of Motions to Appear Pro Hac Vice and Motions to Dismiss pursuant to Bankruptcy Rule 7041, shall take place in U.S. Bankruptcy Court, Northern District of Ohio, Adversary Proceeding 12-05212-pmc. Motions to Appear Pro Hac Vice and for Rule 7041 dismissals shall be filed and docketed in the District Court in Case Number 5:12CV2625. Chief Judge Morgenstern-Clarren shall file a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan(C,KA)
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Filing 36
Order Approving Joint Motion of Trustee and Defendant Michael Miles to Stay the Adversary Proceedings Pending the Payment in Full of the Settlement Sum. It is hereby ORDERED, ADJUDGED, AND DECREED as follows: 1. The Motion is GRANTED in its entirety. 2. The notice of the Motion was adequate and sufficient under the circumstances. 3. This adversary proceeding is hereby abated until January 15, 2015 to permit Miles to make the settlement payment required by the Settlement Agreement and Release approved by theCourt. 4. The parties are hereby authorized and directed, without further order of this Court, to take all actions necessary or incidental to implement and effectuate this Order. 5. The Court shall retain jurisdiction over the parties to this adversary proceeding. Judge Patricia A. Gaughan on 10/16/13. (Related Doc #33 ) (LC,S)
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Filing 35
Order of Dismissal as to Certain Defendants. It is hereby ORDERED, ADJUDGED, AND DECREED as follows: 1. The action filed by the Trustee is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(ii) as against the following Defendants: 77th Street Partners, Brian Williams, Fred Klipsch, G&S Venture Partners, Oberoi Partners, LP and Robert Kaspar. 2. Each party to the Stipulation shall bear its own costs and attorneys' fees. Judge Patricia A. Gaughan on 10/16/13. (LC,S) re #34
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| Filing 34 Proposed Stipulation of Dismissal as to Defendants 77th Street Partners, Brian Williams, Fred Klipsch, G&S Venture Partners, Oberoi Partners, LP, and Robert Kaspar filed by 77th Street Partners, Brian A. Bash, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Oberoi Partners, LP, Brian Williams. (Attachments: #1 Exhibit A - Proposed Order of Dismissal)(Prabucki, Kenneth) |
| Filing 33 Joint Motion to stay the Adversary Proceeding Pending the Payment in Full of the Settlement Sum as to Michael Miles Only filed by Respondent Brian A. Bash, Movant Michael Miles. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Settlement Agreement)(Prabucki, Kenneth) |
| Law Clerk Status Conference set for 8/29/2013 at 01:00 PM before Honorable Marilyn Shea-Stonum. (K,M) |
| RESCHEDULED Hearings Pretrial Conference set for 8/26/2013 at 10:30 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum. (R,M) |
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Filing 32
Order granting #15 Joint Motion to Extend Discovery and Related Deadlines; Fact Discovery due July 31, 2013; Defendants' Expert Report due July 31, 2013; Stipulations of Fact due August 14, 2013. Honorable Marilyn Shea-Stonum.(U, B)
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Filing 31
Marginal Entry Order granting Motion for appearance pro hac vice by Richard C. Richmond, III. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #30 ). Signed by Judge Patricia A. Gaughan on 6/19/2013.(K,K) Modified attorney's nameon 6/20/2013 (G,CA).
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| Filing 30 Motion for attorney Richard C. Richmond, III to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6033233, filed by. (Attachments: #1 Exhibit A - Declaration of Richard C. Richmond, III, #2 Exhibit B - Certificate of Good Standing)(Frankel, Dov) Modified exhibit text on 6/13/2013 (G,CA). |
| Filing 29 Attorney Appearance by Maritza S. Nelson filed by on behalf of Brian A. Bash. (Nelson, Maritza) |
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Filing 28
Order: This matter is before the Court upon Defendants' Objection to Order Denying Motion to Transfer Venue (Doc. #21 ). Also pending is Defendants' Objection to Bankruptcy Judge's Order Denying Motion to Strike (Doc. #22 ). The Court finds that the objections are not well-taken. Judge Patricia A. Gaughan on 5/30/13. (LC,S)
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Filing 27
Order: This matter is before the Court upon Defendants' Motion to Stay Discovery (Doc. #24 ). The motion is DENIED. The Court anticipates issuing a ruling on the "subpoena" issue by May 31, 2013. Judge Patricia A. Gaughan on 5/24/13. (LC,S) (Related Doc #24 )
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| Filing 26 Response to Defendants' Objection to Order Denying #19 Motion to Strike filed by Brian A. Bash. Related document(s) #22 . (Attachments: #1 Exhibit A - Golden Goose Email, #2 Exhibit B - Defendants' Responses to Trustee's Discovery Requests) (Proano, David) Linked to motion on 5/28/2013 (P, S). |
| Filing 25 Defendants' Reply in Support of Objection to Bankruptcy Judge's Order Denying Defendants' Motion to Transfer Venue filed by All Defendants. (Frankel, Dov) |
| Filing 24 Motion to stay discovery filed by all defendants. (Frankel, Dov) Modified text and filers on 5/23/2013 (S,HR). |
| Filing 23 Response to Defendants' Objection to Order Denying Motion to Transfer Venue filed by Brian A. Bash. Related document(s) #21 . (Attachments: #1 Exhibit A - Golden Goose Email) (Proano, David) |
| Filing 22 Objection to Order Denying Motion to Strike filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. Related document(s) #20 . (Paganelli, F.) |
| Filing 21 Objection to Order Denying Motion to Transfer Venue filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. Related document(s) #18 . (Attachments: #1 Exhibit A (Excerpts from Trustee's Discovery Responses), #2 Exhibit B (Excerpts from Defendants' Answers to Interrogatories)) (Paganelli, F.) |
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Filing 20
Order granting #14 Brian Bash's SEALED Motion of the Trustee for Determination Regarding the Waiver of Privilege for Documents Produced by Defendants; and denying #19 defendants' Motion to strike. Honorable Marilyn Shea-Stonum on 04/22/13. Related document(s) #12 (R,M) Modified text on 4/23/2013 (S,HR).
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| Filing 19 Motion to strike Trustee's Motion for Determination Regarding Waiver of Privilege for Documents Produced by Defendants filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. Response due 5/2/2013. Related document(s) #14 . (Paganelli, F.) |
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Filing 18
Order denying Motion to change/transfer venue (Related Doc #7 ). Motion to transfer to Southern District of Indiana (with supporting memorandum of law) filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. Honorable Marilyn Shea-Stonum on 04/11/13.(R,M)
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Filing 17
Order granting in part #16 Defendants' Motion for Enlargement of Time. Defendants may file and serve their opposition to #14 the plaintiff's motion for determination regarding waiver of privilege on or before April 15, 2013. Honorable Marilyn Shea-Stonum on 4/5/2013.(P, S)
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| Filing 16 Unopposed Motion for enlargement of time until 4/30/2013 to file response to #14 SEALED Motion of the Trustee for Determination Regarding the Waiver of Privilege for Documents Produced by Defendants #12 filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. Related document(s) #14 . (Attachments: #1 Proposed Order)(Paganelli, F.) Modified text on 4/5/2013 (S,HR). |
| Filing 15 Joint Motion for extension of Discovery and Related Deadlines filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams, Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(Proano, David) |
| Filing 14 SEALED Motion of the Trustee for Determination Regarding the Waiver of Privilege for Documents Produced by Defendants #12 filed by Respondent Brian A. Bash. Related document(s) #12 . (Attachments: #1 Exhibit A - Defendants' Counterclaim, #2 Exhibit B - Defendants' Answer to the Amended Complaint, #3 Exhibit C - Rule 2004 Subpoenas, #4 Exhibit D - First Privileged Email, #5 Exhibit E - Proano Declaration, #6 Exhibit F - July 2, 2012 Email, #7 Exhibit G - July 20, 2012 Email, #8 Exhibit H - Defendants' Responses to Discovery Requests, #9 Exhibit I - October 25, 2012 Email, #10 Exhibit J - Documents Identified in October 25, 2012 Emaill, #11 Exhibit K - October 26, 2012 Email, #12 Exhibit L - Documents Identified in October 26, 2012 Emaill, #13 Exhibit M - March 7, 2013 Email, #14 Exhibit N - Document Identified in March 7, 2013 Emaill, #15 Exhibit O - Privilege Logs)(Proano, David) Modified text on 3/20/2013 (LC,S). |
| Filing 13 Motion for leave to File, Instanter, Memorandum of Law in Excess of Page Limit Provided by Local Rule 7.1(f) filed by Respondent Brian A. Bash. Related document(s) #12 . (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
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Filing 12
Order granting Motion for leave (Related Doc #11 )Motion for leave to File a Motion and Related Briefing Under Seal in Accordance with Local Civil Rule 5.2 filed by Respondent Brian A. Bash.. Honorable Marilyn Shea-Stonum on 03/18/13.(R,M)
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| Filing 11 Motion for leave to File a Motion and Related Briefing Under Seal in Accordance with Local Civil Rule 5.2 filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
| Filing 10 Reply to response to #7 Motion to transfer venue to the Southern District of Indiana, filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. (Paganelli, F.) Modified text on 3/5/2013 (S,HR). |
| Filing 9 Memorandum in Opposition to #7 Motion to Transfer Venue filed by Brian A. Bash. (Attachments: #1 Exhibit A - Order Denying Motions to Transfer Venue, #2 Exhibit B - Order Permitting Telephonic Appearance) (Proano, David) Modified text on 2/25/2013 (S,HR). |
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Filing 8
Order granting #6 joint Motion of 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams, Respondent Brian A. Bash to extend discovery and related deadlines. Honorable Marilyn Shea-Stonum on February 11, 2013.(U,B)
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| Filing 7 Motion to transfer to Southern District of Indiana (with supporting memorandum of law) filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams. (Attachments: #1 Exhibit A (Excerpts from Trustee's Discovery Responses), #2 Exhibit B (Excerpts from Defendants' Answers to Interrogatories), #3 Exhibit C (S.B. Indiana Subpoena))(Paganelli, F.) Modified text on 2/11/2013 (S,HR). |
| Filing 6 Joint Motion for extension of Discovery and Related Deadlines filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams, Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(Proano, David) |
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Order Granting [non-document] #5 Joint Motion for extension of Discovery and Related Deadlines filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams, Respondent Brian A. Bash. Honorable Marilyn Shea-Stonum on 11/30/2012.(VM,D)
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| Filing 5 Joint Motion for extension of Discovery and Related Deadlines filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP, Brian Williams, Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(Proano, David) |
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Filing 4
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Marilyn Shea-Stonum for pretrial supervision. Judge Shea-Stonum shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan on 10/22/12. (LC,S)
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Filing 3
Order: This matter is before the Court upon the Motion for Withdrawal of Reference filed by the movants (Doc. #1 ). The motion is GRANTED. Judge Patricia A. Gaughan on 10/19/12. (LC,S)
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Filing 2
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Patricia A. Gaughan for all further proceedings as related to Case No. 5:12mc00019. (Related Doc. #1 ) (M,G)
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| Judge Patricia A. Gaughan assigned to case. Judge James S. Gwin terminated. (C,BA) |
| Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by 77th Street Partners, G&S Venture Partners, Robert Kaspar, Fred Klipsch, Michael Miles, Oberoi Partners, LP and Brian Williams. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5212, #2 USBC Docket Sheet, Bankruptcy Case 10-50494, #3 Transmittal Letter)(S,He) |
| Judge James S. Gwin assigned to case. (S,He) |
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