Williamson et al v. Recovery Limited Partnership et al
Case Number: 2:2006cv00292
Filed: April 24, 2006
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
Presiding Judge: Terence P Kemp
Presiding Judge: Edmund A Sargus
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1441 Petition For Removal--Other Contract
Jury Demanded By: Both
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Date Filed Document Text
May 2, 2017 Opinion or Order Filing 1115 ORDER granting 1113 Motion to File Document Under Seal for ten days. Any party who wants the transcript of Thomas G. Thompson's 9/29/2008 deposition testimony to remain sealed shall file a memorandum setting forth its reasons within the ten-d ay period. If no such memorandum is filed, the Court will unseal the transcript on the eleventh day. Signed by Magistrate Judge Terence P. Kemp on 5/2/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 3, 2017 Opinion or Order Filing 1100 ORDER granting 1096 Motion to Compel. Signed by Magistrate Judge Terence P. Kemp on 4/3/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 31, 2017 Opinion or Order Filing 1098 ORDER GRANTING DPCs Supplemental Motion for Attorney Fees (Doc. 1062) and DENYING Robols request for discovery. DPC is awarded an additional $59,708.75 in attorneys fees for its defense of Robols unsuccessful appeal of this Courts sanctions order. Signed by Judge Algenon L. Marbley on 3/31/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 30, 2017 Opinion or Order Filing 1097 ORDER denying 1072 Motion for Discovery; denying 1073 Motion to Set a Trial Date. Signed by Judge Algenon L. Marbley on 3/30/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 21, 2017 Opinion or Order Filing 1092 ORDER granting 1091 Motion to File Document Under Seal. Signed by Magistrate Judge Terence P. Kemp on 2/21/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 25, 2016 Opinion or Order Filing 1088 OPINION AND ORDER denying 1048 Motion to Compel; terminating 1049 Sealed Motion; granting 1050 Motion to Compel. Signed by Magistrate Judge Terence P. Kemp on 10/25/2016. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 15, 2016 Opinion or Order Filing 1083 ORDER - The subpoena issued to CBIZ Accounting, Tax & Advisoryof Florida, LLC on October 26, 2015, is enforced. The subpoena issued to Ira L. Zuckerman and Zuckerman & Mata, LLC, is enforced. The subpoena issued to F. Michael Lorz and Lorz Communica tions on January 6, 2016, is enforced as modified in this order. All requested records shall be produced within 21 days. This order resolves the following motions: Docs. 993 , 1002 , 1003 , 1022 , 1025 , 1027 , and 1033 . Signed by Magistrate Judge Terence P. Kemp on 9/15/2016. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 2, 2016 Opinion or Order Filing 1060 ORDER granting 968 Motion to Strike the non-party filing. The Court declines to impose sanctions against Robol. Signed by Judge Algenon L. Marbley on 8/2/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 23, 2014 Opinion or Order Filing 935 ORDER granting in part and denying in part 886 Motion to Vacate; denying 886 Motion to Remand to State Court. Paragraphs 1 and 5 of this Courts Order (Doc. 738) are hereby VACATED. Signed by Judge Algenon L. Marbley on 9/23/2014. (cw)
May 9, 2014 Opinion or Order Filing 927 ORDER granting in part and denying in part 871 Motion for Sanctions; granting in part and denying in part 888 Motion for Sanctions; denying 902 Motion to Vacate. DPC shall file its bill of costs and accounting of time expended no later than May 23, 2014. Robol shall file his objections, if any, by June 6, 2014. DPC shall file its Reply, if any, by June 13, 2014. Signed by Judge Algenon L. Marbley on 5/9/2014. (cw)
January 14, 2014 Opinion or Order Filing 906 ORDER denying 893 Motion to Dismiss Sanctions Motion. Signed by Judge Algenon L. Marbley on 1/14/2014. (cw)
June 25, 2013 Opinion or Order Filing 867 OPINION AND ORDER granting in part and denying in part 702 Motion for Attorney Fees; granting 767 Motion for Attorney Fees. Signed by Judge Algenon L. Marbley on 6/25/2013. (cw)
January 16, 2013 Opinion or Order Filing 858 ORDER OF RECUSAL. Judge Edmund A Sargus recused. Case reassigned to Judge James L Graham for all further proceedings. Signed by Judge Edmund A Sargus on 01/16/2013. (dh1)
October 31, 2012 Opinion or Order Filing 831 ORDER: The initial declaration of Michael R. Szolosi, Jr. [818-1] is withdrawn and stricken at his request to the extent the contents conflict with the information set forth on pages 3 and 4 of the motion filed on 10/30/2012 827 . The Court permits the Temporary Restraining Order to expire and to be replaced by this Order. Defendant Thomas G. Thompson is ordered to preserve the items outlined in this Order in the custody of his counsel. Signed by Judge Edmund A Sargus on 10/31/2012. (dh1)
October 16, 2012 Opinion or Order Filing 824 Extension of Temporary Restraining Order. On 10/12/12, this Court issued a Temporary Restraining Order and scheduled a hearing on this matter for 10/16/2012. At the hearing, defense counsel objected to the factual basis submitted by Plaintiffs to s upport their request for emergency injunctive relief. Plaintiff is permitted up to 2 weeks to take expedited depositions for the purpose of supporting their request. A hearing is scheduled for 10/30/2012 at 10:00 am. The Court EXTENDS the current Temporary Restraining Order 819 until 10/30/12 with the clarification and modification outlined in this Order. Signed by Judge Edmund A Sargus on 10/16/2012. (dh1)
September 28, 2012 Opinion or Order Filing 812 ORDER: The following motions have been rendered moot by orders issued by the Court and are denied as moot: Defendant's Motion in Limine 618 , Plaintiffs' Motion in Limine 619 , Plaintiffs' Second Motion in Limine 623 , and Plainti ffs' Motion to Amend/Correct Schedule 650 by Doc. No. 679 ; Plaintiff's Motion to Seal Documents 759 by Doc. No. 763 ; Plaintiff's Motion for a Hearing regarding three motions filed by Defendants 760 by Doc. Nos. 761 , 762 , and 763 ;and Plaintiffs' Motion for Extension of Preliminary Injunction and Issuance of Subpoena 769 by Doc. No. 770 . Signed by Judge Edmund A Sargus on 09/28/2012. (dh1)
August 23, 2012 Opinion or Order Filing 798 ORDER re 796 The Williamson Plaintiffs' Motion for Contempt. The Court modifies the traditional briefing schedule set forth in S.D. Ohio Civ. R. 7.2(a)(2), and directs Defendants to file their memorandum in opposition on or before 08/29/2012, and Plaintiffs to file their reply brief on or before 9/1/2012. Signed by Judge Edmund A Sargus on 08/23/2012. (dh1)
August 22, 2012 Opinion or Order Filing 795 ORDER: On 7/17 and 7/18 a hearing was held on the Williamson Plaintiffs' request for injunctive relief. During the hearing, certain portions of the testimony were placed under seal. The Court has reviewed the transcript of those proceedings a nd directs the Court Reporter to redact portions of the transcript, which are outlined in this Order, in the version of the transcript that will be filed on the docket for public viewing. The Court Report is also directed to file the entire transcript of these proceedings on the docket under seal. Signed by Judge Edmund A Sargus on 08/22/2012. (dh1)
August 21, 2012 Opinion or Order Filing 793 OPINION AND ORDER denying 787 Defendant Columbus Exploration LLC's Notice of Filing Motion to Stay Injunction Pending Appeal to the United States Court of Appeals for the Sixth Circuit and Motion to Suspend the Proceedings until a Decision of the Court of Appeals on the Pending Motion to Stay is Rendered.. Signed by Judge Edmund A Sargus on 08/21/2012. (dh1)
August 7, 2012 Opinion or Order Filing 770 TEMPORARY RESTRAINING ORDER: The Court previously issued an Preliminary Injunction prohibiting the sale, encumbrance, transfer or diminishing in value of 500 restrike gold coins in the possession of Defendant Thompson. Since that time, Thompson has informed the Court he placed the coins in the control of Orion Corporate & Trust Services. The Court hereby issues a Temporary Restraining Order prohibiting Orion from disposing of, encumbering, transferring or diminishing in value in any way the 500 gold restrike coins. This Order shall not become effective until the Plaintiffs have submitted a $500.00 bond to the Clerk of this Court. Signed by Judge Edmund A Sargus on 07/06/2012. (dh1)
August 6, 2012 Opinion or Order Filing 763 OPINION AND ORDER denying 756 Defendants' Motion to Seal Declaration of Thomas G. Thompson and 749 Defendants' Motion to File Transcript of July 17-18, 2012 Hearing Under Seal to Allow for Review for Designations Consistent with the Protective Order. Defendants are directed to file forthwith the unredacted copy of Mr. Thompson's Declaration. Signed by Judge Edmund A Sargus on 08/06/2012. (dh1)
July 18, 2012 Opinion or Order Filing 738 ORDER granting 707 Plaintiff's Motion for a Temporary Restraining Order and/or Prejudgment Attachment. The Court will issue a full opinion on the motion in due course, but issues the Preliminary Injunction as outlined in this Order. Signed by Judge Edmund A Sargus on 07/18/2012. (dh1)
July 16, 2012 Opinion or Order Filing 727 ORDER granting 719 the Williamson Plaintiffs' Motion for Leave to File Unredacted Reply Brief in Support of Motion for Prejudgment Attachment under Seal. Signed by Judge Edmund A Sargus on 07/16/2012. (dh1)
May 31, 2012 Opinion or Order Filing 705 OPINION AND ORDER granting in part and denying in part 703 Defendants Columbus Exploration, LLC and Recovery Limited Partnership's Motion to Stay and Request for Oral Hearing and 704 Defendants Michael J. Ford, Gilman D. Kirk, Jr., Thomas G. Thompson and James Turner's Memorandum in Support of the Motion to Stay and Motion for Extension of Briefing Schedule and Request for Evidentiary Hearing; and holds in abeyance 702 Plainiffs The Dispatch Printing Company and Donald D. Fanta's Motion for Attorney Fees. The Clerk will issue notice that the Oral Hearing on 702 Plaintiff's Motion for Attorney Fees is scheduled for 08/13/2012 at 9:00 a.m. Signed by Judge Edmund A Sargus on 05/31/2012. (dh1)
November 10, 2011 Opinion or Order Filing 689 ORDER re four subpoenas issued under the auspices of the U.S. District Court for the Central District of California. By Opinion and Order dated 11/4/11 688 , this Court modified its stay of this case. The Court hereby further modifies the stay to allow discovery related to the four subpoenas. Further, the discovery sought by the subpoenas shall be deemed sanctioned and authorized by this Court. Signed by Judge Edmund A Sargus on 11/10/2011. (dh1)
November 4, 2011 Opinion or Order Filing 688 OPINION AND ORDER granting in part 680 the Williamson Plaintiffs' Motion for Modification of Stay and denying 656 the Williamson Plaintiffs' Renewed Motion for Plaintiffs' Counsel to Have Access under This Court's Protective O rders (Docs. #172 and #335) to the KPMG Report and Accountants' Work Papers. A telephone status conference is set for Thursday, 11/10/2011 at 10:00 a.m. to discuss the subpoenas issued in the Central District of California. Signed by Judge Edmund A Sargus on 11/04/2011. (dh1)
July 14, 2011 Opinion or Order Filing 679 ORDER staying case in consideration of the notice of appeal filed by Defendants Columbus Exploration, LLC, Columbus-America Discovery Group, Inc., and Recovery Limited Partnership. The telephone status conference set for 07/25/11 is vacated, and the remaining pretrial schedule is stayed. As Mr. Trolinger's Notice of Appearance 668 makes no mention of any limitations on his appearance, the Court considers Mr. Trolinger to be the attorney of record for Columbus Exploration, LLC, Columbus-America Discovery Group, Inc., and Recovery Limited Partnership for all purposes in this action. Signed by Judge Edmund A Sargus on 07/14/2011. (dh1)
July 6, 2011 Opinion or Order Filing 675 ORDER directing Defendants Columbus Explorations, LLC, Columbus-America Discovery Group, Inc. and Recovery Limited Partnership to brief the Court how Rule 54(b) applies to their purported Notice of Appeal 669 within 7 days of the date of this Order. Signed by Judge Edmund A Sargus on 07/06/2011. (dh1)
June 22, 2011 Opinion or Order Filing 663 OPINION AND ORDER granting 622 Richard Robol and Rachel Chodera Monaghan's Conditional Motion to Withdraw as Counsel. As the Court does not reach the issue of whether Robol's disqualification would be mandatory, the Williamson Plaintiffs' Motion to Disqualify Robol as Trial Counsel for the Entity Defendants 599 is denied without prejudice. Signed by Judge Edmund A Sargus on 06/22/2011. (dh1)
June 14, 2011 Opinion or Order Filing 658 ORDER directing Thomas Thompson and ECON Engineering Associates, Inc. to expeditiously obtain new counsel. As case has been pending for five years, no further continuances of trial date of 10/17/2011 will be granted. The Clerk is directed to send a copy of this Order to Thompson via certified mail. Signed by Judge Edmund A Sargus on 06/14/2011. (dh1)
June 3, 2011 Opinion or Order Filing 647 ORDER: Pursuant to the Court's Order 642 dated 5/27/2011, the Court has received Mr. Thompson's affidavit. The Court will address issues related to the motion to withdraw of Mr. Thompson's counsel 624 at the oral argument scheduled for 9:00 a.m. on 06/09/2011. Signed by Judge Edmund A Sargus on 06/03/2011. (dh1)
May 27, 2011 Opinion or Order Filing 642 ORDER re 639 Defendant Thompson and ECON Engineering Associates response to their counsel's motion to withdraw and motion for brief continuance. The Court will not consider granting Thompson and ECON a continuance of the trial date unless T hompson signs and submits an affidavit supporting his contention that neither he nor ECON currently have funds available to them from any source with which to pay reasonable attorney fees owing to their counsel. Thompson must submit the affidavit within one week of this Order. Signed by Judge Edmund A Sargus on 05/27/2011. (dh1)
May 19, 2011 Opinion or Order Filing 627 ORDER re 624 Motion to Withdraw as Counsel of Mr. Elliott and Mr. Cooper, who represent Defendants Thomas G. Thompson and ECON Engineering Associates, Inc. Thompson and ECON are directed to file with the Clerk any objections they may have to t he Motion to Withdraw within 7 days of the date of this Order. If they have no objections or do not timely object, the Motion will be granted. The Clerk is directed to send copies of this Order and Documents 624 and 626 to Thompson and ECON via certified mail. Signed by Judge Edmund A Sargus on 05/19/2011. (dh1)
May 17, 2011 Opinion or Order Filing 625 ORDER setting briefing schedule following telephone status conference. Signed by Judge Edmund A Sargus on 05/17/2011. (dh1)
May 3, 2011 Opinion or Order Filing 607 ORDER granting 604 Defendant Entities' Motion for Leave to File Sealed New York Pleadings and Attachment Papers Under Seal. Signed by Judge Edmund A Sargus on 05/03/2011. (dh1)
April 19, 2011 Opinion or Order Filing 597 ORDER directing Defendants to file a response to the Williamson Plaintiffs' Motion for Three-Week Extension on Submitting Expert's Report 594 by 04/21/2011. Signed by Judge Edmund A Sargus on 04/19/2011. (dh1)
March 28, 2011 Opinion or Order Filing 589 ORDER granting 586 Motion for Authorization to File under Seal Supplemental Motion for Partial Summary Judgment due on March 25, 2011. Signed by Judge Edmund A Sargus on 03/28/2011. (dh1)
February 22, 2011 Opinion or Order Filing 561 Agreed Modification to Certain Portion of Trial Scheduling Order (Doc. No. 545). Signed by Judge Edmund A Sargus on 02/22/2011. (dh1)
January 28, 2011 Opinion or Order Filing 545 AMENDED ORDER SETTING TRIAL DATE: Settlement Conference set for 5/3/2011 at 9:30 AM; Final Pretrial Conference set for 6/2/2011 at 9:00 AM and Jury Trial set for 6/13/2011 at 9:00 AM. Signed by Judge Edmund A Sargus on 01/28/2011. (dh1)
January 14, 2011 Opinion or Order Filing 537 ORDER re 01/14/2011 telephone conference: Plaintiffs are permitted to take deposition of one investor; Counsel for Plaintiffs permitted to view corporate minutes of the Defendant entities in accordance with protective orders currently in force; Defe ndants shall produce any documents related to the sale or lease of the Artic Explorer; Plaintiffs shall produce relevant service contracts in their possession; the Parties may move for summary judgment by 01/28/2011; and the Court will vacate the current trial date and reschedule the trial to 06/13/2011. Signed by Judge Edmund A Sargus on 01/14/2011. (dh1)
January 5, 2011 Opinion or Order Filing 532 ORDER directing parties to notify the Court by 01/07/2011 if they wish to object to The Dispatch Printing Co. and Donald Fanta participating in the telephone status conference scheduled for 01/10/2011 at 10:00 a.m. Signed by Judge Edmund A Sargus on 01/05/2011. (dh1)
December 2, 2010 Opinion or Order Filing 529 ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Settlement Conference set for 3/1/2011 at 11:00 AM; Final Pretrial Conference set for 3/31/2011 at 9:00 AM; and Jury Trial set for 4/11/2011 at 9:00 AM. Signed by Judge Edmund A Sargus on 12/02/2010. (Attachment: FPTO Form) (dh1)
September 24, 2010 Opinion or Order Filing 528 OPINION AND ORDER granting in part and denying in part 507 the Defendant Entities' motion for judgment on the pleadings and granting in part and denying in part 506 the Board Members' and Thompson's motion for judgment on the pleadings. The penalty-wage claim asserted against the defendants in Count IV of the Williamson Plaintiffs' amended complaint is dismissed. Signed by Judge Edmund A Sargus on 09/24/2010. (dh)
September 23, 2010 Opinion or Order Filing 526 ORDER denying 504 Williamson Plaintiffs' Motion to Obtain Access to the KPMG Report and Accountant's Work Papers. Signed by Judge Edmund A Sargus on 09/23/2010. (dh)
February 10, 2010 Opinion or Order Filing 519 ORDER denying part of 506 MOTION for Judgment on the Pleadings and Motion to Stay Discovery Pending Ruling on the 12(c) Motion & denying 508 Motion for Protective Order & Stay. Signed by Magistrate Judge Terence P Kemp on 2/10/2010. (kjm)
September 30, 2009 Opinion or Order Filing 481 OPINION AND ORDER denying 460 Defendant-Entities' Motion to Dismiss and denying 461 Defendant Board Members' Motion to Dismiss. Signed by Judge Edmund A Sargus on 09/30/09. (dh)
March 11, 2009 Opinion or Order Filing 469 OPINION AND ORDER remanding the Dispatch Plaintiffs' claims in their 12/22/08 Amended Complaint to the Franklin County Court of Common Pleas. The Court retains jurisdiction under the terms of the Consent Order to all outstanding matters governi ng the audit and settlement agreement between the Dispatch Plaintiffs and Defendants. The Court retains jurisdiction over the claims brought by Williamson Plaintiffs in their Amended Complaint. The Williamson Plaintiffs are ORDERED to provide a status report on each of the related cases in Paragraph 24(a)-(c) of their Amended Complaint. Signed by Judge Edmund A Sargus on 03/11/2009. (dah, )
February 2, 2009 Opinion or Order Filing 446 ORDER vacating 2/9/09 hearing on appointment of receiver and directing briefing regarding subject-matter jurisdiction over Dispatch Plaintiffs' claims. The parties shall file simultaneous briefs by 2/9/09; each party may submit a response by 2/16/09. Signed by Edmund A Sargus on 02/02/09. (dh)
January 29, 2009 Opinion or Order Filing 441 OPINION AND ORDER concluding it does have subject-matter jurisdiction over the Williamson complaint and granting Defendants leave to file motions to dismiss the Williamson Plaintiffs' amended complaint within 21 days. Signed by Edmund A Sargus on 01/29/09. (dh) Modified on 1/30/2009 to renumber from 440 to 441 (kk2).
January 22, 2009 Opinion or Order Filing 420 OPINION AND ORDER denying as moot 286 and 306 Defendants' Motions to Dismiss. Signed by Edmund A Sargus on 01/22/09. (dh)
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