Williamson et al v. Recovery Limited Partnership et al

 
Case Number: 2:2006cv00292
Filed: April 24, 2006
 
Court: Ohio Southern District Court
Office: Columbus Office
Referring Judge: Terence P Kemp
Presiding Judge: Edmund A Sargus
 
Nature of Suit: Contract: Marine
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
January 22, 2009 420 Opinion or Order of the Court OPINION AND ORDER denying as moot 286 and 306 Defendants' Motions to Dismiss. Signed by Edmund A Sargus on 01/22/09. (dh)
January 29, 2009 441 Opinion or Order of the Court 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).
February 2, 2009 446 Opinion or Order of the Court 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)
March 11, 2009 469 Opinion or Order of the Court 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, )
September 30, 2009 480 Opinion or Order of the Court OPINION AND ORDER granting in part and denying in part the Motion for Damages. It is ORDERED that the Defendants pay Donald Fanta and The Dispatch Printing Company $193,892 for accounting fees and $41,090 in attorneys fees. The Defendants ' Motion for Satisfaction is GRANTED. All motions related to the accounting and satisfaction ( 371 , 372 , 380 , 390 , 391 , 392 , 396 , 409 , 411 , 427 , 429 , 435 , 437 & 442 ) are DENIED AS MOOT, subject to consideration and disposition by the Franklin County Court of Common Pleas. Signed by Judge Edmund A Sargus on 09/29/09. (dah)
September 30, 2009 481 Opinion or Order of the Court 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)
February 10, 2010 519 Opinion or Order of the Court 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 23, 2010 526 Opinion or Order of the Court 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)
September 24, 2010 527 Opinion or Order of the Court ORDER denying without prejudice 496 Motion of Plaintiffs The Dispatch Printing Company and Donald C. Fanta for Attorney Fees and Expenses, subject to reconsideration after appeal is finalized. Signed by Judge Edmund A Sargus on 09/24/2010. (dh)
September 24, 2010 528 Opinion or Order of the Court 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)
December 2, 2010 529 Opinion or Order of the Court 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)
January 5, 2011 532 Opinion or Order of the Court 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)
January 14, 2011 537 Opinion or Order of the Court 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 28, 2011 545 Opinion or Order of the Court 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)
February 22, 2011 561 Opinion or Order of the Court Agreed Modification to Certain Portion of Trial Scheduling Order (Doc. No. 545). Signed by Judge Edmund A Sargus on 02/22/2011. (dh1)
March 28, 2011 589 Opinion or Order of the Court 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)
April 19, 2011 597 Opinion or Order of the Court 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)
May 3, 2011 607 Opinion or Order of the Court 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)
May 17, 2011 625 Opinion or Order of the Court ORDER setting briefing schedule following telephone status conference. Signed by Judge Edmund A Sargus on 05/17/2011. (dh1)
May 19, 2011 627 Opinion or Order of the Court 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 27, 2011 642 Opinion or Order of the Court 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)
June 3, 2011 646 Opinion or Order of the Court OPINION AND ORDER granting in part and denying in part 547 548 Defendants' Motions for Summary Judgment; granting in part and denying in part 549 588 Plaintiffs' Motions for Partial Summary Judgment; granting 546 Plaintiffs' Motion for Summary Judgment on the Entity Defendants' Counterclaims; and denying 603 the Entity Defendants' Motion to Supplement Their Counterclaim. The Motions to Disqualify Mr. Robol 599 ; Mr. Frevola 621 and Mr. Robol's Condit ional Motion to Withdraw 622 are held in abeyance pending oral argument on June 9, 2011 at 9:00 a.m. Plaintiff's Motion to Strike the Entity Defendants Request for a Jury Trial on their Counterclaims 628 is granted. Plaintiffs' Motion to Strike the Amended Complaint 644 , which the Court construes as a motion to withdraw Plaintiffs' jury demand, is granted. Defendants Omni Engineering, Inc., Omni Engineering of Ohio, Inc., DOE.E, Inc., Gilman Kirk, James Turner, Michael Ford and Arthur Cullman are DISMISSED from this action. Signed by Judge Edmund A Sargus on 06/03/2011. (dh1)
June 3, 2011 647 Opinion or Order of the Court 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)
June 14, 2011 657 Opinion or Order of the Court ORDER granting 624 Motion to Withdraw of Rex Elliot and Charles Cooper. During the telephone conference 6/13/2011, the Entity Defendants requested that Doc. 621 be withdrawn in light of the Court's 6/3/11 Opinion and Order. The trial in this matter is continued from 06/27/11 to Monday, October 17, 2011 at 9:00 a.m. The Final Pretrial Conference is set for 10/06/2011 at 10:00 a.m. A telephone status conference is scheduled for 07/25/2011 at 10:00 a.m.. Signed by Judge Edmund A Sargus on 06/13/2011. (dh1)
June 14, 2011 658 Opinion or Order of the Court 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 22, 2011 663 Opinion or Order of the Court 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)
July 6, 2011 675 Opinion or Order of the Court 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)
July 14, 2011 679 Opinion or Order of the Court 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)
November 4, 2011 688 Opinion or Order of the Court 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)
November 10, 2011 689 Opinion or Order of the Court 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)
May 31, 2012 705 Opinion or Order of the Court 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)
July 16, 2012 727 Opinion or Order of the Court 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)
July 18, 2012 738 Opinion or Order of the Court 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)
August 6, 2012 762 Opinion or Order of the Court OPINION AND ORDER denying 752 Defendants' Motion to Stay or Suspend Injunction. Signed by Judge Edmund A Sargus on 08/06/2012. (dh1)
August 6, 2012 763 Opinion or Order of the Court 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)
August 7, 2012 770 Opinion or Order of the Court 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 21, 2012 793 Opinion or Order of the Court 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 22, 2012 795 Opinion or Order of the Court 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 23, 2012 798 Opinion or Order of the Court 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)
September 28, 2012 812 Opinion or Order of the Court 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)
October 16, 2012 824 Opinion or Order of the Court 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)
October 31, 2012 831 Opinion or Order of the Court 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)
January 16, 2013 858 Opinion or Order of the Court 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)
June 25, 2013 867 Opinion or Order of the Court 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 14, 2014 906 Opinion or Order of the Court ORDER denying 893 Motion to Dismiss Sanctions Motion. Signed by Judge Algenon L. Marbley on 1/14/2014. (cw)
May 9, 2014 927 Opinion or Order of the Court 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Search for this case: Williamson et al v. Recovery Limited Partnership et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]