Bash v. Plopper and Partners, LLP
| Brian A. Bash |
| Plopper and Partners, LLP and Stephen Plopper and Associates |
| 5:2013cv00678 |
| March 28, 2013 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Bankruptcy Withdrawl |
| 28 U.S.C. ยง 0157 (c)(1) Findings, Concl. & Proposed Judgment |
| None |
Docket Report
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| Document Text |
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| Filing 12 Certificate of Judgment for Registration in Another District issued on July 22, 2013, as to Plopper and Partners, LLP in the amount of: (a) $128,792.68 plus interest accruing at the default rate of 18% from January 1, 2010 until paid in full; and (b) $6,649.63 plus interest at the federal judgment rate of interest. Related document #9 . (K,K) |
| Filing 11 Supplement to #10 Praecipe, filed by Brian A. Bash. Related document(s) #10 . (Prabucki, Kenneth) |
| Filing 10 Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-6218934 filed by Brian A. Bash. (Attachments: #1 Attachment - Judgment Entry 13-00678)(Prabucki, Kenneth) |
| Filing 9 Judgment Entry in favor of plaintiff and against defendant re #8 , in the amount of (a) 128,792.68 plus interest accruing at the default rate of 18% from January 1, 2010 until paid in full; and (b) $6,649.63 plus interest at the federal judgment rate of interest. Judge Patricia A. Gaughan(C,KA) |
| Filing 8 Memorandum of Opinion and Order re #1 . The objections are REJECTED and the R&R is ACCEPTED. Judge Patricia A. Gaughan(C,KA) |
Filing 7
Order: This matter is before the Court upon a Motion for Leave to Withdraw as Counsel (Doc. #5 ). This case is before the Court after defendant filed objections to the Report and Recommendation entered by Judge Marilyn Shea-Stonum after a trial. The Court noted that defendant failed to file the transcript or cite any evidence or exhibits from the trial in its objections. Accordingly, the Court ordered defendant to resubmit its objections and provide supporting citations to the record to enable meaningful review by this Court. Counsel for defendant now moves to withdraw. In the motion, counsel indicates that defendant informed counsel that defendant does not intend to pay for the transcript. In addition, counsel indicates that defendant "failed to substantially fulfill an obligation to the undersigned." It appears that counsel seeks to withdraw in light of the Court's deadline for filing resubmissions. Other than the upcoming deadline, this matter is fully concluded, thus obviating the need to withdraw. Accordingly, in light of counsel's representation that defendant does not intend to pay for the transcript needed to resubmit a filing, the motion to withdraw is DENIED. Defendant may either inform the Court that it does not intend to file an amended brief with citations, or may simply do nothing. In any event, if a resubmission is not received, the Court will address the objections as originally submitted. As noted previously, however, the Court will not be able to review factual or evidentiary issues that are not properly supported with citations to the record. Also pending is Plaintiff Trustee's Motion for an Order Setting a Revised Deadline for the Trustee to File an Amended Response to Defendant's Revised Objections, if any, to the Bankruptcy Court's Report and Recommendation (Doc. #6 ). That motion is GRANTED. In the event defendant does not file the trial transcript and does not file a supplemental brief on or before June 28, 2013, the Trustee need not submit a revised brief. In the event defendant obtains a copy of the trial transcript and files an amended brief containing citations to the record, the Trustee's revised brief is due on or before July 12, 2013. Judge Patricia A. Gaughan on 6/28/13. (LC,S)
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| Filing 6 Motion for an Order Setting a Revised Deadline for the Trustee to File an Amended Response to Defendant's Revised Objections, if any, to the Bankruptcy Court's Report and Recommendation filed by Plaintiff Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
| Filing 5 Motion filed by Gregory D. Swope to withdraw as attorney on behalf of Defendant Plopper and Partners, LLP. (Attachments: #1 Exhibit Notice)(Swope, Gregory) Modified text on 6/24/2013 (B,B). |
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Filing 4
Order: Currently pending is Defendant's Objections to the Report and Recommendation After Trial and the Proposed Findings of Fact and Conclusions of Law Set Forth Therein Dated March 27, 2013 (Doc. #2 ). In many instances, defendant's objections involve references to evidence and testimony. Defendant, however, failed to provide the Court with citations to any such testimony or exhibits. For example, defendant argues in its second objection that: Mr. Plopper presented credible, unrefuted testimony that Fair Finance and SPA by the beginning of 2006 were operating under an oral agreement. The Court also failed to consider the evidence introduce by SPA concerning the length and nature of its working relationship with Mr. Durham.... Absent citations to specific portions of testimony, the Court cannot determine whether the objection has merit. Accordingly, the parties are hereby directed to resubmit their briefs with pinpoint citations to the transcript. A pinpoint citation must be provided for every statement referencing testimony or documentary evidence. A failure to provide such a citation will result in the Courts refusal to consider the argument, as the Court will not search the record for support. The resubmissions must be provided to the Court on or before June 28, 2013. Judge Patricia A. Gaughan on 6/10/13. (LC,S)
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| Filing 3 Response to Defendant's Objections to the Bankruptcy Court's Report and Recommendation filed by Brian A. Bash. Related document(s) #1 , #2 . (Attachments: #1 Joint Exhibits I-XIV, #2 Defendant's Exhibits 1-3, #3 Plaintiff's Exhibits A-K, #4 Plaintiff's Exhibit M) (Proano, David) Modified text and links on 4/30/2013 (B,B). |
| Filing 2 Objection to the Report and Recommendation After Trial and the Proposed Findings of Fact and Conclusions of Law Set Forth Therein Dated March 27, 2013 filed by Plopper and Partners, LLP. Related document(s) #1 . (Swope, Gregory) |
| Filing 1 Report and Recommendation After Trial (with Findings of Fact/Conclusions of Law). Judge Marilyn Shea-Stonum. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5156, #2 Cover Letter)(S,He) |
| Judge Patricia A. Gaughan assigned to case. (S,He) |
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