United States of America v. Ronald Scherer et al
| RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE and Ronald Scherer |
| Mark D. Belongia, Samir Dahman and Venar R. Ayar |
| United States of America |
| Kristie Garner |
| SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE, COLLEGE PROPERTIES LIMITED PARTNERSHIP, MUNICIPAL TAX INVESTMENT, LLC, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON) and Franklin County Treasurer |
| 2:2014cv00452 |
| May 15, 2014 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Kimberly A Jolson |
| Algenon L Marbley |
| Taxes |
| 26 U.S.C. § 6502 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
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Filing 220
RELATED CASE MEMORANDUM ORDER: The Judge agree that this case and case number 2:14-cv-452 and 2:19-cv-3634 ARE related. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Signed by Judge Algenon L. Marbley on September 5, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 218 Mail Returned as Undeliverable. Mail sent to Ronald Scherer via certified and including #200 Opinion and Order was returned "unclaimed". (jlk) |
| Filing 216 Mail sent to Marsha Jo Scherer returned as undeliverable. Contents include: #214 ORDER granting Motion for Disbursement of Funds. (ew) |
| Filing 215 Mail sent to Ronald Scherer returned as undeliverable. Contents include: #213 Order Authorizing Distribution of Net Proceeds of Sale. (ew) |
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Filing 214
ORDER granting #212 Motion for Disbursement of Funds. Signed by Judge Algenon L. Marbley on 5/30/2018. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 213
ORDER Authorizing Distribution of Net Proceeds of Sale, granting #211 Motion for Disbursement of Funds. Signed by Judge Algenon L. Marbley on 5/30/2018. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 212 MOTION for Disbursement of Funds Constituting Security Deposit in the Amount of $1,300 by Plaintiff United States of America. (Attachments: #1 Proposed Order) (Shapiro, Alan) |
| Filing 211 MOTION for Disbursement of Funds (more accurately described as the United States' Motion for Order of Distribution) by Plaintiff United States of America. (Attachments: #1 Exhibit 1 Final Closing Statement for Strome Court Property, #2 Exhibit 2 Final Closing Statement for Lowestone Road Property, #3 Proposed Order) (Shapiro, Alan) |
| Filing 210 Mail Returned as Undeliverable. Mail sent to Scherer Family Irrevocable Trust, David Thompson, Trustee including #209 Order was returned "not deliverable as addressed". (jlk) |
| Mail Returned as Undeliverable doc 209. Mail sent to Ronald Scherer (no mail receptacle - unable to forward), College Properties Limited Partnership (no such number unable to forward) and Marsha Jo Scherer no such street,unable to forward). (cw) |
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Filing 209
ORDER APPROVING Receiver Sales of the Lowestone Road and Strome Court Propoerties - granting #208 Motion. Signed by Judge Algenon L. Marbley on 2/20/2018. (Attachments: #1 Attachment A, #2 Attachment B) (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 208 MOTION for Order to Approve Sale of Lowestone Road and Strome Court Properties by Receiver by Plaintiff United States of America. (Attachments: #1 Exhibit 1 - Purchase Contract for Lowestone Road Property, #2 Exhibit 2 - Estimated Closing Document for Lowestone Road Property, #3 Exhibit 3 - Declaration of Receiver Kristie Garner, #4 Exhibit 4 - Order Granting Relief from Stay Regarding Lowestone Road Property, #5 Exhibit 5 - Purchase Contract for Strome Court Property, #6 Exhibit 6 - Estimated Closing Document for Strome Court Property, #7 Exhibit 7 - Order Granting Relief from Stay for Strome Court Property, #8 Proposed Order Approving Sales by Receiver of Lowestone Road and Strome Court Properties, #9 Attachment to Proposed Order - Proposed Receiver's Deed for Lowestone Road Property, #10 Attachment to Proposed Order - Proposed Receiver's Deed for Strome Court Property) (Shapiro, Alan) |
| Filing 207 Mail Returned as Undeliverable. Mail sent certified mail to Ronald Scherer including #200 Opinion and Order was returned unclaimed. The envelope has what appears to be a forwarding address. The Clerk will reissue certified mail to the address provided by the post office, Ronald Scherer, P.O. Box 730478, Ormond Beach, FL 32173, 7009 2820 0003 5796 7360. (jlk) |
| Filing 206 Mail Returned as Undeliverable. Mail sent to Marsha Jo Scherer #200 Opinion and Order. (jlk) |
| Filing 205 Mail Returned as Undeliverable. Mail including #200 Opinion and Order sent to College Properties Limited Partnership was returned no such number. (jlk) |
| Filing 204 Mail Returned as Undeliverable. Mail sent to Scherer Family Irrevocable Trust, David Thompson, Trustee (7009 2820 0003 5801 4353) #200 unclaimed. (jlk) |
| Filing 203 NOTICE by Plaintiff United States of America of Intended List Price for the Strome Court and Lowestone Road Properties (Shapiro, Alan) |
| Filing 201 ACKNOWLEDGMENT OF SERVICE: Certified mail to Kristie Garner served on 11/3/17 as to #200 Order. (jlk) |
| Filing 202 Mail Returned as Undeliverable. Mail #200 Opinion and Order sent to Municipal Tax Investment, LLC., 1300 East Ninth Street, Cleveland, Ohio 44114. (jlk) |
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Filing 200
ORDER granting #196 Motion to Appoint Receiver. Kristie Garner appointed as Receiver for purposes of assisting in the enforcement of federal tax liens and the judgment in this case against the Lowestone Road and Strome Court Properties, and is directed to take custody and arrange for the sale of the two properties. Signed by Judge Algenon L. Marbley on 11/1/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 199 Mail Returned as Undeliverable. #197 Order sent to College Properties Limited Partnership at 777 West Goodale Blvd., P.O. Box 1677, Columbus, Ohio 43216 returned as RTS. (jlk) |
| Filing 198 Mail Returned as Undeliverable. #197 Order sent to Marsha Jo Scherer, 3405 Sunset Drive, Columbus, Ohio 43240 was returned to sender as wrong address. (jlk) |
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Filing 197
ORDER granting #179 Motion to Withdraw as Attorney. Attorney Samir Dahman; Venar R. Ayar and Mark D. Belongia terminated; denying as moot #183 Motion for Leave to File. Defendants are DIRECTED to retain replacement counsel, who shall be poised to resume representation of Defendant Scherer when this case is no longer stayed. GRANTING Defendants 60 days from the date of this Order to retain counsel. Signed by Judge Algenon L. Marbley on 8/4/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 196 MOTION to Appoint Receiver by Plaintiff United States of America. (Attachments: #1 Proposed Order) (Shapiro, Alan) |
| Filing 195 NOTICE by Plaintiff United States of America of Orders of Bankruptcy Court Lifting Stay for United States to Enforce Liens on Strome Court and Lowestone Road Properties (Attachments: #1 Order Lifting Stay to Enforce Liens on Strome Court Property, #2 Oder Lifting Stay to Enforce Lien on Lowestone Road Property) (Shapiro, Alan) |
| Filing 194 CLERK'S JUDGMENT in favor of United States of America against Ronald Scherer. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 193
ORDER granting #186 Plaintiff's Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 7/26/2017. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 192
ORDER denying #189 Motion for Extension of Time to File Response/Reply. Signed by Judge Algenon L. Marbley on 7/24/17. (sh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 191 RESPONSE in Opposition re #189 MOTION for Extension of Time to File Response/Reply as to #187 Brief, #186 MOTION for Summary Judgment Against Defendant Ronald Scherer for Income Taxes for 1990, 1991, and 1992 New date requested 8/28/2017. filed by Plaintiff United States of America. (Attachments: #1 Bankruptcy Court Order, Docket Item #53, #2 Bankruptcy Court Order, Docket Item #101) (Shapiro, Alan) |
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Filing 190
ORDER expediting briefing as to #189 MOTION for Extension of Time. Responses due by 7/24/2017. No reply brief is permitted. Signed by Magistrate Judge Kimberly A. Jolson on 7/20/2017. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 189 MOTION for Extension of Time to File Response/Reply as to #187 Brief, #186 MOTION for Summary Judgment Against Defendant Ronald Scherer for Income Taxes for 1990, 1991, and 1992 New date requested 8/28/2017. by Movants Venar R. Ayar, Mark D. Belongia, Samir Dahman, Defendant Ronald Scherer. (Attachments: #1 Text of Proposed Order Proposed Order) (Dahman, Samir) |
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Filing 188
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Magistrate Judge Terence P Kemp no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 7/3/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 187 BRIEF re #186 MOTION for Summary Judgment Against Defendant Ronald Scherer for Income Taxes for 1990, 1991, and 1992 by Plaintiff United States of America. (Attachments: #1 Gov. Ex. 1, #2 Gov. Ex. 2, #3 Gov. Ex. 3, #4 Proposed Findings and Judgment) (Shapiro, Alan) |
| Filing 186 MOTION for Summary Judgment Against Defendant Ronald Scherer for Income Taxes for 1990, 1991, and 1992 by Plaintiff United States of America. (Shapiro, Alan) |
| Filing 185 NOTICE by Plaintiff United States of America re #177 Order Staying Case, that Bankruptcy Court Entered Order Modifying the Automatic Stay to Permit the United States to Proceed in this Court for the Sole Purpose of Obtaining a Final Judgment on Ronald Scherer's Income Tax Liability for 1990, 1991, and 1992 (Shapiro, Alan) |
| Filing 184 RESPONSE in Opposition re #183 MOTION for Leave to File Sur-reply to Reply of Defendants' Counsel in Support of their Motion for Leave to Withdraw filed by Movants Venar R. Ayar, Mark D. Belongia, Samir Dahman. (Dahman, Samir) |
| Filing 183 MOTION for Leave to File Sur-reply to Reply of Defendants' Counsel in Support of their Motion for Leave to Withdraw by Plaintiff United States of America. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 182 REPLY to Response to Motion re #179 MOTION to Withdraw as Attorney for Defendants filed by Movants Venar R. Ayar, Mark D. Belongia, Samir Dahman. (Attachments: #1 Exhibit 1 - Dahman Declaration) (Dahman, Samir) |
| Filing 181 RESPONSE in Opposition re #179 MOTION to Withdraw as Attorney for Defendants filed by Plaintiff United States of America. (Attachments: #1 Miller Case, #2 Tremont Case, #3 Hall Case, #4 EEOC Case, #5 Cianci Case, #6 Kristie Garner Case) (Shapiro, Alan) |
| Filing 180 NOTICE by Plaintiff United States of America re #179 MOTION to Withdraw as Attorney for Defendants (more accurately described as United States' Notice of Intent to File Response to Motion for Leave to Withdraw) (Shapiro, Alan) |
| Filing 179 MOTION to Withdraw as Attorney for Defendants by Movants Venar R. Ayar, Mark D. Belongia, Samir Dahman. (Attachments: #1 Text of Proposed Order Granting Withdrawal) (Dahman, Samir) |
| Filing 178 Transcript of Status Conference Proceedings held on March 29, 2017, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (Evans, Shawna) |
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Filing 177
ORDER STAYING CASE pending action by the bankruptcy court that lifts the automatic stay or concludes the bankruptcy case. This case is ADMINISTRATIVELY CLOSED. Defendants will notify the court within 14 days of when the bankruptcy stay is lifted or the bankruptcy case has concluded. Signed by Judge Algenon L. Marbley on 4/3/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 176
SCHEDULING ORDER - Telephonic Status Conference set for 4/3/2017 03:00 PM before Judge Algenon L. Marbley. Opening Briefs are due on 4/21/2017, Response to Briefs due on 5/12/2017, and Reply Briefs due by 5/26/2017. Oral Argument on Motions for Summary Judgment is set for 6/8/2017 10:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 3/29/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 175 NOTICE by Defendant Ronald Scherer OF BANKRUPTCY (Attachments: #1 Exhibit A - Bankruptcy Petition) (Dahman, Samir) |
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Filing 174
ORDER - In-person Status Conference set for 3/29/2017 11:00 AM in Chambers before Judge Algenon L. Marbley. Trial counsel for each party, as well as Mr. Scherer, must attend the conference. This settlement conference replaces the status conference scheduled for 3/23/2017. Signed by Judge Algenon L. Marbley on 3/21/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 173 JUDGMENT for Trust Fund Recovery Penalties. Signed by Judge Algenon L. Marbley on 3/21/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 172
ORDER Granting an Award to the United States in the Amount of $5,000 to be Paid by all Counsel for Ronald Scherer Under 28 U.S.C. Section 1927 and/or the Court's Inherent Power. Signed by Judge Algenon L. Marbley on 3/21/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 171
FINDINGS AND ORDER granting #169 Joint MOTION to Approve Consent Judgment. In lieu of the previously scheduled Show Cause Hearing, a Status Conference is set for 3/23/2017 at 10:00 AM before Judge Algenon L. Marbley. Defendant Ronald E. Scherer and at least one of his counsel shall appear in person and counsel for the United States may attend by phone. Signed by Judge Algenon L. Marbley on 3/21/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 3/21/2017 (agm).
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| Filing 170 NOTICE of Appearance by Christopher Thomas Grohman for Movants Venar R. Ayar, Mark D. Belongia, Samir Dahman (Grohman, Christopher) |
| Filing 169 Joint MOTION to Approve Consent Judgment (more accurately described as Joint Request for Entry of: (1) Proposed Findings and Order, (2) Judgment Against Ronald Scherer for Trust Fund Recovery Penalties under Fed.R.Civ.P. 54(b), and (3) Order Granting the United States an Award in the Amount of $5,000 to be Paid by All Counsel for Ronald Scherer under 28 U.S.C. Section 1927 and/or the Courts Inherent Power) by Plaintiff United States of America. (Attachments: #1 Proposed Findings and Order, #2 Proposed Judgment, #3 Proposed Order) (Shapiro, Alan) |
| Filing 168 AMENDED DOCUMENT by Plaintiff United States of America. (Pursuant to the Order at Docket Item #167, this Proposed Judgment is Filed to Replace the Proposed Judgment Filed at Docket Item #153-11). (Shapiro, Alan) |
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Filing 167
ORDER granting #164 Motion to Amend/Correct; denying #165 Motion to Continue; granting Christopher Grohman's Request to Appear, Parties are ORDERED to exchange potential witness and exhibit lists by close of business on 3/20/2017. Signed by Judge Algenon L. Marbley on 3/17/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 166 RESPONSE to Motion re #165 MOTION to Continue (filed on behalf of Christopher T. Grohman) (more accurately described as United States Initial and Partial Response (and Request For Quick Ruling on One Issue) to Defendants Motions to Continue Hearing, for Leave for a Limited Appearance, and for Scheduling Order) filed by Plaintiff United States of America. (Shapiro, Alan) |
| Filing 165 MOTION to Continue (filed on behalf of Christopher T. Grohman) by Defendant Ronald Scherer. (Dahman, Samir) |
| Filing 164 Unopposed MOTION to Amend/Correct #1 Complaint,,,,,,,, (more accurately described as UNOPPOSED REQUEST OF THE UNITED STATES FOR LEAVE TO AMEND THE COMPLAINT AND THE PROPOSED JUDGMENT AT DOCKET ITEM # 153-11) by Plaintiff United States of America. (Attachments: #1 Proposed Order, #2 Proposed Amended Proposed Judgment to Replace Docket Item #153-11) (Shapiro, Alan) |
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Filing 163
ORDER denying #157 MOTION to Strike #156 Reply to Response to Motion,, filed by Ronald Scherer, granting #153 MOTION for Order to Show Cause. Show Cause Hearing set for 3/23/2017 10:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 2/16/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 162 BRIEF re #159 Reply to Response to Motion, #157 MOTION to Strike #156 Reply to Response to Motion,, by Plaintiff United States of America. (Shapiro, Alan) |
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Filing 161
ORDER granting #160 Motion for Leave to File. Signed by Judge Algenon L. Marbley on 10/31/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 160 MOTION for Leave to File 2 Page Sur-Reply Brief by Plaintiff United States of America. Responses due by 11/18/2016 (Attachments: #1 Proposed Sur-reply, #2 Proposed Order) (Shapiro, Alan) |
| Filing 159 REPLY to Response to Motion re #157 MOTION to Strike #156 Reply to Response to Motion,, filed by Defendant Ronald Scherer. (Dahman, Samir) |
| Filing 158 RESPONSE in Opposition re #157 MOTION to Strike #156 Reply to Response to Motion,, filed by Plaintiff United States of America. (Attachments: #1 Gov. Ex. 1) (Shapiro, Alan) |
| Filing 157 MOTION to Strike #156 Reply to Response to Motion,, by Defendant Ronald Scherer. Responses due by 10/20/2016 (Dahman, Samir) |
| Filing 156 REPLY to Response to Motion re #153 MOTION for Order to Show Cause why (1) judgment should not be entered against defendant Ronald Scherer for trust fund recovery penalty liabilities in the amount claimed by the United States, and (2) an order should not be entered against counsel fo r Defendant Ronald Scherer filed by Plaintiff United States of America. (Attachments: #1 Declaration of James Coleman, Vice President Compliance and Risk Officer of First Community Bank) (Shapiro, Alan) |
| Filing 155 NOTICE by Plaintiff United States of America re #153 MOTION for Order to Show Cause why (1) judgment should not be entered against defendant Ronald Scherer for trust fund recovery penalty liabilities in the amount claimed by the United States, and (2) an order should not be entered against counsel fo (more accurately described as U.S.' NOTICE OF INTENT TO FILE REPLY) (Shapiro, Alan) |
| Filing 154 RESPONSE in Opposition re #153 MOTION for Order to Show Cause why (1) judgment should not be entered against defendant Ronald Scherer for trust fund recovery penalty liabilities in the amount claimed by the United States, and (2) an order should not be entered against counsel fo filed by Defendant Ronald Scherer. (Attachments: #1 Exhibit Ex. 1 - 160524 Email from Belongia to Shapiro, #2 Exhibit Ex. 2 - 160628 Letter and Email from Belongia to Shapiro, #3 Exhibit Ex. 3 - 160706 Email from Belongia to Shapiro) (Dahman, Samir) |
| Filing 153 MOTION for Order to Show Cause why (1) judgment should not be entered against defendant Ronald Scherer for trust fund recovery penalty liabilities in the amount claimed by the United States, and (2) an order should not be entered against counsel for Ronald Scherer imposing sanctions for their failure to comply with (a) the order at Docket Item #150 and (b) Rule 26(a)(1)(a)(ii), FRCP by Plaintiff United States of America. Responses due by 8/29/2016 (Attachments: #1 Exhibit Gov. Ex. 1, #2 Exhibit Gov. Ex. 2, #3 Exhibit Gov. Ex. 3, #4 Exhibit Gov. Ex. 4, #5 Exhibit Gov. Ex. 5, #6 Exhibit Gov. Ex. 6, #7 Exhibit Gov. Ex. 7, #8 Exhibit Gov. Ex. 8, #9 Exhibit Gov. Ex. 9, #10 Exhibit Gov. Ex. 10, #11 Proposed Form of Judgment, #12 Proposed Order to Show Cause) (Shapiro, Alan) |
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Filing 152
ORDER REGARDING SALE OF RESIDENTIAL REAL PROPERTY LOCATED AT 6015 STROME COURT, DUBLIN, OHIO 43017. Signed by Judge Algenon L. Marbley on 5/17/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 151 NOTICE by Plaintiff United States of America of filing this Joint Request for Entry of an Order Regarding Sale of Residential Real Property Located at 6015 Strome Court, Dublin, Ohio 43017 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) Modified on 5/16/2016 (pes). |
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Filing 150
ORDER granting #149 Motion for Order to Narrow Issues on Trust Fund Recovery Penalty Liabilities. Signed by Judge Algenon L. Marbley on 5/10/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 149 Joint MOTION for Order to Narrow Issues on Trust Fund Recovery Penalty Liabilities by Plaintiff United States of America. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 148
ORDER granting #145 Motion to Alter Judgment. Defendant Scherers Counsel is ORDERED to pay $10,000.00 to Plaintiff United States of America. If Plaintiff receives the $10,000.00 check from Scherer himself that Scherer states he has mailed to Plaintiff, Plaintiff is ORDERED to return this check to Scherer. Signed by Judge Algenon L. Marbley on 3/28/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 147 REPLY to Response to Motion re #145 MOTION to Alter Judgment or Final Order in Docket Item #144 filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 146 RESPONSE to Motion re #145 MOTION to Alter Judgment or Final Order in Docket Item #144 to Deny as Moot filed by Defendant Ronald Scherer. (Attachments: #1 Exhibit A - Payment to Plaintiff) (Dahman, Samir) |
| Filing 145 MOTION to Alter Judgment or Final Order in Docket Item #144 by Plaintiff UNITED STATES OF AMERICA. Responses due by 4/11/2016 (Shapiro, Alan) |
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Filing 144
ORDER granting #124 Motion for Bill of Costs and ORDERING Defendant Ronald Scherer to pay $10,000 to Plaintiff United States of America. Signed by Judge Algenon L. Marbley on 3/17/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 143
ORDER granting in part and finding as moot in part #97 Motion to Amend/Correct; sustaining #112 Objection to Magistrate Judge Order and the paragraph beginning on page 3 of the Magistrate Judges Order with further is STRICKEN in its entirety; granting #113 Motion for Default Judgment. Signed by Judge Algenon L. Marbley on 3/16/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 142 NOTICE by Plaintiff UNITED STATES OF AMERICA re #89 Response in Opposition to Motion,, #112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, , #113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee, #111 Order on Motion for Sanctions, Order on Motion to Dismiss,, Order on Motion to Amend/Correct, Order on Motion to Bifurcate,,,,,,,,,,,,,,,,,,,,,,,,, that BRIEFING COMPLETED (Shapiro, Alan) |
| Filing 141 REPLY to Response to Motion re #113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 140 REPLY to Response to Motion re #112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 139 NOTICE of Withdrawal as Attorney of Brian L. Dougherty by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. Responses due by 4/4/2016 (Dahman, Samir) Modified on 3/10/2016 (pes). |
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Filing 138
ORDER granting #137 Unopposed MOTION for Extension of Time to file replies to #112 Objection to Magistrate Judge Order, #113 MOTION for Default Judgment by 3/11/2016. Signed by Magistrate Judge Terence P. Kemp on 2/24/2016. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 137 Unopposed MOTION for Extension of Time New date requested 3/11/2016. to File/Serve Two Replies by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 136
ORDER granting #135 Unopposed MOTION for Extension of Time Replies re #112 Objection to Magistrate Judge Order, #113 Motion for Default Judgment both due 2/26/2016. Signed by Magistrate Judge Terence P. Kemp on 2/1/2016. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Deadlines as to #112 Objection to Magistrate Judge Order, #113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee. Replies due by 2/26/2016. (agm) |
| Filing 135 Unopposed MOTION for Extension of Time New date requested 2/26/2016. by Plaintiff UNITED STATES OF AMERICA. Responses due by 2/22/2016 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 134
ORDER granting #133 Motion for Extension of Time to File a reply in support of its objection. Reply due by 02/05/2016. Signed by Magistrate Judge Terence P. Kemp on 01/13/2016. (sr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 133 Unopposed MOTION for Extension of Time New date requested 2/5/2016. by Plaintiff UNITED STATES OF AMERICA. Responses due by 2/5/2016 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 132
ORDER granting #131 Motion for Extension of Time to file a reply in support of Rule 72 Objection and a reply in support of motion for entry of default judgment by 1/15/2016. Signed by Magistrate Judge Terence P. Kemp on 12/21/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Deadlines as to #112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, , #113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee. Replies due by 1/15/2016. (agm) |
| Filing 131 Unopposed MOTION for Extension of Time New date requested 1/15/2016. by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 130
ORDER granting #129 Motion for Extension of Time to file a reply in support of Rule 72 Objection and a reply in support of motion for entry of default judgment by 12/24/2015. Signed by Magistrate Judge Terence P. Kemp on 12/3/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 129 Unopposed MOTION for Extension of Time New date requested 12/24/2015. by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 128 NOTICE by Plaintiff UNITED STATES OF AMERICA re #124 MOTION for Bill of Costs (more accurately described as NOTICE OF COMPLETION OF PROVISION OF ATTORNEY EXPENSE INFORMATION REQUESTED BY THE COURT FOR PURPOSES OF DETERMINING THE AMOUNT OF SANCTIONS TO BE AWARDED UNDER RULE 11) (Shapiro, Alan) |
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Filing 127
ORDER granting #126 Motion for Extension of Time to file a reply in support of Rule 72 Objection and a reply in support of motion for entry of default judgment by 12/4/2015. Signed by Magistrate Judge Terence P. Kemp on 11/2/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 126 Unopposed MOTION for Extension of Time New date requested 12/4/2015. (Pleading is more accurately described as UNOPPOSED UNITED STATES REQUEST FOR ORDER EXTENDING DEADLINE TO SERVE/FILE A REPLY IN SUPPORT OF RULE 72 OBJECTION AND A REPLY IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT) by Plaintiff UNITED STATES OF AMERICA. Responses due by 11/23/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 125
ORDER - the amount of attorney fees that the United States incurred in preparing the portion of its motion papers seeking dismissal of Count II of the Amended Counterclaim shall be deemed to be $10,000.00. Signed by Magistrate Judge Terence P. Kemp on 10/16/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 124 Motion for Costs filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) Modified text per ALM Chambers on 10/16/2015 to change event type to a motion (sem). |
| Filing 123 Joint MOTION for Attorney Fees Amount Order to be Entered Regarding Amount of Attorney Fees Incurred By The United States In Preparing The Portion Of Its Motion Papers Seeking Dismissal Of Count II Of The Amended Counterclaim by Plaintiff UNITED STATES OF AMERICA. Responses due by 11/9/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 122
ORDER granting #121 Motion for Extension of Time to file a Reply in Support of its Request for Entry of Default Judgment by District Judge. Reply due 10/30/2015. Signed by Magistrate Judge Terence P. Kemp on 10/15/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 121
Unopposed MOTION for Extension of Time New date requested 10/30/2105. (More accurately described as "UNOPPOSED UNITED STATES REQUEST FOR ORDER EXTENDING DEADLINE TO FILE/SERVE A REPLY IN SUPPORT OF ITS REQUEST FOR ENTRY OF DEFAULT JUDGMENT BY DISTRICT JUDGE") by Plaintiff UNITED STATES OF AMERICA. Responses due by 11/9/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan)
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| Filing 120 RESPONSE in Opposition re #112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, , #113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee filed by Defendant Ronald Scherer. (Dahman, Samir) |
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Filing 119
ORDER granting #118 Motion for Extension of Time. Signed by Magistrate Judge Terence P. Kemp on 10/7/15. (sh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 118 Unopposed MOTION for Extension of Time New date requested 10/30/2015. to File/Serve Reply in Support of Rule 72 Objection by Plaintiff UNITED STATES OF AMERICA. Responses due by 10/29/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 117
ORDER granting #115 Motion for Extension of Time to submit a bill of costs for attorney fees. Signed by Magistrate Judge Terence P. Kemp on 9/30/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 116 RESPONSE in Opposition re #112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, filed by Defendant Ronald Scherer. (Dahman, Samir) |
| Filing 115 Unopposed MOTION for Extension of Time New date requested 10/16/2015. to File/Serve Bill of Costs by Plaintiff UNITED STATES OF AMERICA. Responses due by 10/16/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 114
ORDER finding as moot #76 Motion for Hearing; finding as moot #77 Motion for Extension of Time. Signed by Judge Algenon L. Marbley on 9/21/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 113 MOTION for Default Judgment against Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee by Plaintiff UNITED STATES OF AMERICA. Responses due by 10/9/2015 (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 112 Objection to Magistrate Judge Orderre #109 Order on Motion for Order to, by Plaintiff UNITED STATES OF AMERICA. Responses due by 10/9/2015 (Shapiro, Alan) |
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Filing 111
ORDER denying #41 Motion for Sanctions; granting in part #44 Motion to Dismiss; granting in part #58 Motion for Sanctions; granting #62 Motion to Amend/Correct; finding as moot #73 Motion to Bifurcate; finding as moot in part and denying in part #23 Motion to Dismiss. The Defendant, Ronald E. Scherer's AMENDED COUNTER-CLAIM is DISMISSED #34 . The Court ORDERS Plaintiff, within 14 days of the date of this order, to submit a detailed Bill of Costs, including a time sheet, narrative billing entries, and billing rate for the time spent preparing the Second Motion to Dismiss. This Court orders a status conference to be held by the Magistrate Judge in order to determine whether the Plaintiff's request for supplemental answers has been resolved, whether it can be resolved through cooperation of the parties, and, if not, to determine whether an order requiring supplementation should be entered against Defendant. Signed by Judge Algenon L. Marbley on 9/14/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 110 Clerk's ENTRY OF DEFAULT as to Defendant RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE (agm) |
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Filing 109
ORDER granting #35 Motion for Order to Enter Default of Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee. Signed by Magistrate Judge Terence P. Kemp on 9/4/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 108 NOTICE by Plaintiff UNITED STATES OF AMERICA of Completion of Briefing of Motions at Docket Item Nos. 23, 35, 41, 44, 58, 62, 73, 76, and 97 (Shapiro, Alan) |
| Filing 107 REPLY to Response to Motion re #97 MOTION to Amend/Correct #80 Order on Motion for Leave to File,,, more accurately described as UNITED STATES MOTION TO: (1) REVISE, IN PART, DI #80, ORDER GRANTING LEAVE TO FOUR DEFENDANTS TO FILE AMENDED ANSWERS, BY WITHDRAWING LEAVE FOR filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 106 REPLY to Response to Motion re #76 MOTION for Hearing of In-Person Pretrial Conference filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 105 RESPONSE in Opposition re #97 MOTION to Amend/Correct #80 Order on Motion for Leave to File,,, more accurately described as UNITED STATES MOTION TO: (1) REVISE, IN PART, DI #80, ORDER GRANTING LEAVE TO FOUR DEFENDANTS TO FILE AMENDED ANSWERS, BY WITHDRAWING LEAVE FOR filed by Defendants RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer. (Dahman, Samir) |
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Filing 104
ORDER granting #103 Motion for Extension of Time to File Response re #97 MOTION to Amend/Correct #80 Order on Motion for Leave to File by 5/18/2015. Signed by Magistrate Judge Terence P. Kemp on 5/12/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 103 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Amend/Correct #80 Order on Motion for Leave to File,,, more accurately described as UNITED STATES MOTION TO: (1) REVISE, IN PART, DI #80, ORDER GRANTING LEAVE TO FOUR DEFENDANTS TO FILE AMENDED ANSWERS, BY WITHDRAWING LEAVE FOR New date requested 5/18/2015. by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Attachments: #1 Text of Proposed Order Granting Extension) (Dahman, Samir) |
| Filing 102 RESPONSE in Opposition re #76 MOTION for Hearing of In-Person Pretrial Conference filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 101 REPLY to Response to Motion re #73 MOTION to Bifurcate more accurately described as REPLY to Response to Cross-Motion re #89 UNITED STATES CROSS-MOTION FOR ORDER (1) COMPELLING THE SCHERER DEFENDANTS TO PROVIDE SUPPLEMENTAL RULE 26(a)(1) DISCLOSURES, (2) COMPELLING THE SCHERER DEFENDANTS AND DAVID THOMPSON, IN HIS INDIVIDUAL CAPACITY, TO SERVE SUBSTANTIVE RESPONSES TO THE UNITED STATES WRITTEN DISCOVERY, AND (3) EXTENDING DISCOVERY filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Docket of Probate Court Case 430379-C, #2 January 30, 2015 Letter from David Thompson's Counsel, #3 Revised Proposed Order) (Shapiro, Alan) |
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Filing 100
ORDER granting #99 Motion for Extension of Time to respond to #76 MOTION for Hearing of In-Person Pretrial Conference by 4/30/2015. Signed by Magistrate Judge Terence P. Kemp on 4/22/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Deadlines as to #76 MOTION for Hearing of In-Person Pretrial Conference. Responses due by 4/30/2015 (agm) |
| Filing 99 Unopposed MOTION for Extension of Time New date requested 4/30/2015. (UNOPPOSED UNITED STATES MOTION FOR EXTENSION TO SERVE RESPONSE TO DOCKET ITEM #76) by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 98
ORDER - Counsel to confer within five (5) business days and inform the Court via e-mail by 5/1/2015 if case should not be set for June 2015 Settlement Week. Signed by Magistrate Judge Terence P. Kemp on 4/21/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 97 MOTION to Amend/Correct #80 Order on Motion for Leave to File,,, more accurately described as UNITED STATES MOTION TO: (1) REVISE, IN PART, DI #80, ORDER GRANTING LEAVE TO FOUR DEFENDANTS TO FILE AMENDED ANSWERS, BY WITHDRAWING LEAVE FOR DEFENDANT RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, (2) STRIKE DI #86, AMENDED ANSWER THAT PURPORTS TO BE FILED FOR PNC BANK TRUSTEE (OR THE RESTATEMENT TRUST), (3) STRIKE, IN PART, DI #16, TO THE EXTENT THAT THE AMENDED ANSWER PURPORTS TO BE FILED FOR PNC BANK TRUSTEE (OR THE RESTATEMENT TRUST), AND (4) STRIKE ALL OTHER PLEADINGS THAT SCHERERS COUNSEL PURPORT TO FILE AND/OR SERVE FOR PNC BANK TRUSTEE (OR THE RESTATEMENT TRUST) by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 96 REPLY to Response to Motion re #73 MOTION to Bifurcate filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Attachments: #1 Exhibit 1 - Jan. 7, 2015 Emails, #2 Exhibit 2 - Jan. 9, 2015 Emails, #3 Exhibit 3 - Jan. 16, 2015 Emails, #4 Exhibit 4 - Jan. 23, 2015 Emails) (Dahman, Samir) |
| Filing 95 REPLY to Response to Motion re #58 Second MOTION for Sanctions under Rule 11 filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Attachment - Declaration of Alan Shapiro, #2 Attachment - Declaration of William H. Renica, III) (Shapiro, Alan) |
| Filing 94 REPLY to Response to Motion re #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Attachment - OCC Brochure, #2 Attachment - OCC Examining Bulletin, EB 92-4, Banking Issues, #3 Attachment - Declaration of William H. Renica, III, #4 Attachment - Declaration of Alan Shapiro) (Shapiro, Alan) |
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Filing 93
ORDER granting #92 Motion for Extension of Time to File Response/Reply to #89 RESPONSE in Opposition by 4/13/2015. Signed by Magistrate Judge Terence P Kemp on 4/3/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 92 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 Response in Opposition to Motion,, New date requested 4/13/2015. by Defendant Ronald Scherer. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension) (Dahman, Samir) |
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Filing 91
ORDER granting in part and denying in part #78 Motion to Amend/Correct #69 Response in Opposition to Motion. Signed by Magistrate Judge Terence P Kemp on 4/1/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 90 Unopposed MOTION for Order to Enter DI #83-2 by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 89 RESPONSE in Opposition re #73 MOTION to Bifurcate or Stay Discovery and to Quash the Subpoena for Documents Served on David Thompson and CROSS-MOTION OF THE UNITED STATES FOR ORDER (1) COMPELLING THE SCHERER DEFENDANTS TO PROVIDE SUPPLEMENTAL RULE 26(a)(1) DISCLOSURES, (2) COMPELLING THE SCHERER DEFENDANTS AND DAVID THOMPSON, IN HIS INDIVIDUAL CAPACITY, TO SERVE SUBSTANTIVE RESPONSES TO THE UNITED STATES WRITTEN DISCOVERY, AND (3) EXTENDING DISCOVERY filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 88 REPLY to Response to Motion re #78 MOTION to Amend/Correct #69 Response in Opposition to Motion, filed by Defendant Ronald Scherer. (Dahman, Samir) |
| Filing 87 Amended ANSWER to #1 Complaint,,,,,,,, filed by SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 86 Amended ANSWER to #1 Complaint,,,,,,,, filed by RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE. (Dahman, Samir) |
| Filing 85 Amended ANSWER to #1 Complaint,,,,,,,, filed by COLLEGE PROPERTIES LIMITED PARTNERSHIP. (Dahman, Samir) |
| Filing 84 Amended ANSWER to #1 Complaint,,,,,,,, filed by MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON). (Dahman, Samir) |
| Filing 83 RESPONSE to Motion re #78 MOTION to Amend/Correct #69 Response in Opposition to Motion, filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Gov. Ex. A, #2 Text of Proposed Order) (Shapiro, Alan) |
| Filing 82 REPLY to Response to Motion re #77 MOTION for Extension of Time New date requested 4/21/2015. to Serve/File a Response to Docket Item #76 filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 81 RESPONSE in Opposition re #77 MOTION for Extension of Time New date requested 4/21/2015. to Serve/File a Response to Docket Item #76 filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
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Filing 80
ORDER granting #31 Motion for Leave to File Amended Answers; granting #51 Motion for Leave to File 2-Page Sur-reply in response to Docket Item #50 (which in turn relates to Docket Item #31). Amended answers due within fourteen (14) days. Signed by Magistrate Judge Terence P Kemp on 2/19/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 79
ORDER: Defendants shall file a response to Plaintiff's #77 Motion for Extension of Time to Serve/File a Response to Docket Item #76 within seven (7) days. Signed by Magistrate Judge Terence P Kemp on 2/18/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 78 MOTION to Amend/Correct #69 Response in Opposition to Motion, by Counter Claimant Ronald Scherer. (Attachments: #1 Exhibit A - Nov. 18, 2015 Email, #2 Exhibit B - Feb. 2, 2015 Email, #3 Exhibit C - Feb. 9, 2015 Email) (Dahman, Samir) |
| Filing 77 MOTION for Extension of Time New date requested 4/21/2015. to Serve/File a Response to Docket Item #76 by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 76 MOTION for Hearing of In-Person Pretrial Conference by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Attachments: #1 Exhibit A - Dougherty Declaration with Supporting Exhibits No. 1-7) (Dahman, Samir) |
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Filing 75
ORDER granting #74 Motion for Extension of Time to file: Reply to #66 RESPONSE in Opposition re #58 Second MOTION for Sanctions under Rule 11 and Request for Oral Argument/Hearing due by 4/10/2015; Reply to #69 RESPONSE in Opposition re #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS due by 4/10/2015; Response to #73 MOTION to Bifurcate due by 3/20/2015. Signed by Magistrate Judge Terence P Kemp on 2/11/2015. (agm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 74 Unopposed MOTION for Extension of Time New date requested 4/10/2015. to Serve/File Replies to Docket Item # 66 and 69 and New date requested 4/20/2015 to Serve/File Opposition to Docket Item # 73 by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 73 MOTION to Bifurcate by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Attachments: #1 Exhibit 1 - Rogs to Ron, #2 Exhibit 2 - Rogs to MJS, #3 Exhibit 3 - Rogs to CPLP, #4 Exhibit 4 - Rogs to SFIT, #5 Exhibit 5 - RFP to Ron, #6 Exhibit 6 - RFP to MJS, #7 Exhibit 7 - RFP to CPLP, #8 Exhibit 8 - RFP to SFIT, #9 Exhibit 9 - Subpoena to DT, Individually) (Dahman, Samir) |
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Filing 72
ORDER granting #71 Plantiff's Motion for Extension of Time, until 3/10/15, to file Reply in Support of their Motion to Dismiss and to file Reply in Support of their Motion for Sanctions. Signed by Magistrate Judge Terence P Kemp on 1/26/15. (sem1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Deadlines as to #58 Second MOTION for Sanctions under Rule 11, #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS. Reply now due by 3/10/2015. (sem1) |
| Filing 71 Unopposed MOTION for Extension of Time New date requested 3/10/2015. (to serve Replies to Docket Item #s 66 and 69) by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
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Filing 70
ORDER granting #67 Motion to Vacate Entry of Default against the Franklin County Treasurer. Signed by Magistrate Judge Terence P Kemp on 1/20/2015. (agm1) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 69 RESPONSE in Opposition re #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS filed by Defendant Ronald Scherer. (Attachments: #1 Exhibit 1 - 2008 Probate Court Decision, #2 Exhibit 2 - Trustee's Internal Memo, #3 Exhibit 3 - Tax Court Stip & Decision, #4 Exhibit 4 - Final Accounting, #5 Exhibit 5 - 2011 Probate Court Decision) (Dahman, Samir) |
| Filing 68 NOTICE by Plaintiff UNITED STATES OF AMERICA re #67 MOTION to Vacate #29 Clerk's Entry of Default that Exhibit 1 to the motion filed at #67 is filed here and should be associated with the motion at #67 , having been mistakenly omitted in the filing of that motion. (Shapiro, Alan) |
| Filing 67 MOTION to Vacate #29 Clerk's Entry of Default by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 66 RESPONSE in Opposition re #58 Second MOTION for Sanctions under Rule 11 and Request for Oral Argument/Hearing filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE, Counter Claimant RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE. (Attachments: #1 Exhibit 1 - Dahman Declaration, #2 Exhibit 2 - Ayar Declaration, #3 Exhibit 3 - Belongia Declaration, #4 Exhibit 4 - Dougherty Declaration) (Dahman, Samir) |
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Filing 65
ORDER granting #64 Motion for Extension of Time to File Response/Reply as to #60 Notice (Other), #59 Brief, #58 Second MOTION for Sanctions under Rule 11. Responses due by 1/16/2015. Signed by Magistrate Judge Terence P Kemp on 1/8/2015. (agm1) (This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply as to #60 Notice (Other), #59 Brief, #58 Second MOTION for Sanctions under Rule 11 New date requested 1/16/2015. by Defendant Ronald Scherer, Counter Claimants Ronald Scherer, Ronald Scherer. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension) (Dahman, Samir) |
| Filing 63 BRIEF re #62 MOTION to Amend/Correct #45 Brief,,,,, in Support of Motion to Dismiss the Amended Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Declaration of Alan Shapiro, #2 Text of Proposed Order) (Shapiro, Alan) |
| Filing 62 MOTION to Amend/Correct #45 Brief,,,,, in Support of Motion to Dismiss the Amended Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 61 REPLY to Response to Motion re #41 MOTION for Sanctions under Rule 11 filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 60 NOTICE by Plaintiff UNITED STATES OF AMERICA re #59 Brief that the Declaration of Susan Von Raab is filed here and relates to, and is an attachment to, the Brief filed at Docket Item #59 (Shapiro, Alan) |
| Filing 59 BRIEF re #58 Second MOTION for Sanctions under Rule 11 by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 58 Second MOTION for Sanctions under Rule 11 by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
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Filing 57
ORDER granting #55 Unopposed Motion for the Extension of Time to respond to Plaintiffs Motion to Dismiss the Amended Counterclaim, for an OrderRequiring Supplemental Responses to the Complaint, and for an Award of Sanctions [Doc. Nos. 44-45]. Signed by Magistrate Judge Terence P Kemp on 12/16/2014. (agm1) (This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 12/17/2014 to correct which motion was granted and add link (agm1).
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| Filing 56 RESPONSE in Opposition re #41 MOTION for Sanctions under Rule 11 and Request for Oral Argument/Hearing filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Attachments: #1 Exhibit 1 - Dahman Declaration, #2 Exhibit 2 - Ayar Declaration) (Dahman, Samir) |
| Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply as to #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS, #45 Brief,,,,, New date requested 1/16/2015. by Defendant Ronald Scherer, Counter Claimants Ronald Scherer, Ronald Scherer. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension) (Dahman, Samir) |
| Filing 54 REPLY to #49 Response to #35 MOTION for Order to Enter Default of Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Loring and Rounds - A Trustee's Handbook Excerpt, #2 91 Ohio Jurisprudence 3d, Trusts, Section 537 (2014), #3 91 Ohio Jurisprudence 3d, Trusts, Section 540 (2014), #4 ORC Section 5808.11) (Shapiro, Alan) Modified text and added link on 12/16/2014 (er1). |
| Filing 53 RESPONSE to Motion re #51 MOTION for Leave to File 2-Page Sur-reply in response to Docket Item #50 (which in turn relates to Docket Item #31) filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
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Filing 52
ORDER granting #47 Motion for Extension of Time. Signed by Magistrate Judge Terence P Kemp on 12/2/2014. (agm1) (This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 12/3/2014 to correct filing date (agm1).
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| Filing 51 MOTION for Leave to File 2-Page Sur-reply in response to Docket Item #50 (which in turn relates to Docket Item #31) by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Copy of 2-page Sur-reply, #2 Text of Proposed Order) (Shapiro, Alan) |
| Filing 50 REPLY to Response to Motion re #31 MOTION for Leave to File Amended Answers filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 49 RESPONSE in Opposition re #35 MOTION for Order to Enter Default of Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee filed by Defendants RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer. (Dahman, Samir) |
| Filing 48 RESPONSE to Motion re #47 Unopposed MOTION for Extension of Time New date requested 12/31/2014. for United States to Server Rule 26 Disclosures filed by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 47 Unopposed MOTION for Extension of Time New date requested 12/31/2014. for United States to Server Rule 26 Disclosures by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 46 REPLY to Response to Motion re #23 MOTION to Dismiss the Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 45 BRIEF re #44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 OCC, Fiduciary Powers, Expansionary Activities, Comptrollers Licensing Manual, Comptrollers Handbook (June 2002), #2 OCC, Community Bank Supervision, Comptrollers Handbook (January, 2010), #3 OCC, Federal Branches and Agencies Supervision, Comptrollers Handbook (September, 2014), #4 OCC, Asset Management Operations and Controls, Comptrollers Handbook (January, 2011), #5 OCC, Sampling Methodologies, Comptrollers Handbook (August 1998), #6 OCC, Asset Management, Comptrollers Handbook (December 2000), #7 OCC, Large Bank Supervision, Comptrollers Handbook (September, 2010), #8 OCC, Bank Supervision Process, Comptrollers Handbook (September, 2007), #9 Core Examination Overview and Procedures sections of the FFIEC BSA/AML Examination Manual (Federal Financial Institutions Examination Council 2010), #10 Bank One Trust Company, N.A. v. Ronald E. Scherer, Sr., Case No. 430379C (Franklin County Ohio Prob. Ct. May 14, 2008)(the Prob. Ct. Dec. 5/14/2008), #11 Bank One Trust Company, N.A. v. Ronald E. Scherer, Sr., 2012-Ohio-5302 (Ohio App.10 Dist. November 15, 2012), #12 October 10, 2014 Email, #13 Declaration of Susan Von Raab 2d) (Shapiro, Alan) |
| Filing 44 MOTION to Dismiss THE AMENDED COUNTERCLAIM, FOR AN ORDER REQUIRING SUPPLEMENTAL RESPONSES TO THE COMPLAINT, AND FOR AWARD OF SANCTIONS by Plaintiff UNITED STATES OF AMERICA. Responses due by 12/19/2014 (Shapiro, Alan) |
| Filing 43 NOTICE by Plaintiff UNITED STATES OF AMERICA re #42 Brief - this Declaration of Susan Von Raab should have been filed as an attachment to the Brief and is filed here for that purpose - (Shapiro, Alan) |
| Filing 42 BRIEF re #41 MOTION for Sanctions under Rule 11 by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 41 MOTION for Sanctions under Rule 11 by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
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Filing 40
ORDER granting #39 Motion for Extension of Time. Signed by Magistrate Judge Terence P Kemp on 11/13/2014. (agm1)
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| Set/Reset Deadlines as to #23 MOTION to Dismiss the Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions. Replies due by 11/25/2014. (agm1) |
| Filing 39 Unopposed MOTION for Extension of Time New date requested 11/25/2014. (more accurately described as motion to extend due date on or before which the United States may serve/file a reply to Docket Item #33 and a response to Docket Item #34 from November 17, 2014, through and until November 25, 2014) by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 38 RESPONSE to Motion re #31 MOTION for Leave to File Amended Answers filed by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
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Filing 37
ORDER granting #36 Plaintiff's Motion for Order to Correct Name. Signed by Magistrate Judge Terence P Kemp on 11/7/14. (sem1)
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| Filing 36 Unopposed MOTION for Order to Correct Name by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 35 MOTION for Order to Enter Default of Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee by Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Declaration of John Shockley) (Shapiro, Alan) |
| Filing 34 Amended ANSWER to #16 Answer to Complaint, Counterclaim, #1 Complaint,,,,,,,, , ANSWER to #16 Answer to Complaint, Counterclaim, #1 Complaint,,,,,,,, , COUNTERCLAIM against Ronald Scherer filed by Ronald Scherer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Dahman, Samir) |
| Filing 33 RESPONSE in Opposition re #23 MOTION to Dismiss the Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions filed by Defendant Ronald Scherer, Counter Claimant Ronald Scherer. (Attachments: #1 Exhibit 1 - Stipulated Settlement, #2 Exhibit 2 - Dahman Declaration, #3 Exhibit 3 - Ayar Declaration) (Dahman, Samir) |
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Filing 32
PRELIMINARY PRETRIAL ORDER: This case is referred to the JUNE 2015 SETTLEMENT WEEK. Initial Disclosures due by 12/1/2014. Primary Expert due by 3/31/2015. Rebuttal Expert due by 5/1/2015. Discovery due by 6/30/2015. Dispositive motions due by 7/31/2015. Signed by Magistrate Judge Terence P Kemp on 10/27/2014. (agm1)
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| Initial Pretrial Conference held on 10/22/2014 before Magistrate Judge Terence P. Kemp. (jv) |
| Filing 31 MOTION for Leave to File Amended Answers by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
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Filing 30
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice of Mark D. Belongia and Brian L. Dougherty. Signed by Magistrate Judge Terence P Kemp on 10/22/2014. (agm1)
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| Filing 29 ***VACATED as to Franklin County Treasurer per #70 *** Clerk's ENTRY OF DEFAULT as to Defendants Franklin County Treasurer, MUNICIPAL TAX INVESTMENT, LLC (pes1) Modified text on 1/20/2015 (agm1). |
| Filing 28 Application to Clerk for entry of default against (1) Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee, (2) Municipal Tax Investment, LLC, and (3) Franklin County Treasurer (Attachments: #1 Text of Proposed Order) (Shapiro, Alan) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice of Mark D. Belongia and Brian L. Dougherty (Filing fee $ 400, receipt number 0648-4779850) by Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 26 NOTICE of Substitution of Counsel - Samir Dahman substituting for Mark E. Godbey as to Defendants COLLEGE PROPERTIES LIMITED PARTNERSHIP, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (Dahman, Samir) |
| Filing 25 Unopposed MOTION for Order to Permit Government Counsel to Attend Initial Conference by Telephone by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 24 BRIEF re #23 MOTION to Dismiss the Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions by Counter Defendant UNITED STATES OF AMERICA, Plaintiff UNITED STATES OF AMERICA. (Attachments: #1 Probate Court Docket 34656, #2 Probate Court Docket 430379A, #3 Probate Court Docket 430379B, #4 Probate Court Docket 430379C, #5 Bank One Trust Company, N.A. 2009 WL 4049123, #6 Ronald E. Scherer, Sr. v. JPMorgan Chase & Co., 2011 WL6884237, #7 Bank One Trust Company, N.A., 2012-Ohio-5302, #8 May 14, 2008 Probate Court Decision, #9 Declaration of Susan Von Raab) (Shapiro, Alan) |
| Filing 23 MOTION to Dismiss the Counterclaim, for an Order Requiring Supplemental Responses to the Complaint, and for Award of Sanctions by Counter Defendant UNITED STATES OF AMERICA, Plaintiff UNITED STATES OF AMERICA. Responses due by 10/31/2014 (Shapiro, Alan) |
| Filing 22 NOTICE of Hearing: Initial Conference RESCHEDULED for 10/22/2014 @ 1:30 PM before Magistrate Judge Terence P Kemp. (sh1) |
| Filing 21 NOTICE of Appearance by Venar R. Ayar for Defendant COLLEGE PROPERTIES LIMITED PARTNERSHIP (Ayar, Venar) |
| Filing 20 Unopposed MOTION to Continue Initial Conference by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 19 RE-NOTICE of Hearing: Initial Conference "RESCHEDULED" for 9/23/2014 @ 2:00 PM before Magistrate Judge Terence P Kemp. (sh1) |
| Filing 18 RULE 26(f) REPORT of the Plaintiff United States and the Defendant Ronald Scherer by Counter Defendant UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 17 NOTICE by Plaintiff UNITED STATES OF AMERICA re #1 Complaint,,,,,,,, #4 Summons Issued, Proof of Service Thereof (Attachments: #1 Gov. Ex. 1, #2 Gov. Ex. 2, #3 Gov. Ex. 3, #4 Gov. Ex. 4, #5 Gov. Ex. 5, #6 Gov. Ex. 6, #7 Gov. Ex. 7) (Shapiro, Alan) |
| Filing 16 ANSWER to #1 Complaint,,,,,,,, , COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Dahman, Samir) |
| Filing 15 NOTICE of Appearance by Samir Dahman for Defendant Ronald Scherer (Dahman, Samir) |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer. Defendants MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON); Ronald Scherer and DAVID THOMPSON each shall have through and until 8/11/2014 to file and serve a response to the complaint. Signed by Magistrate Judge Terence P Kemp on 7/21/2014. (agm1)
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| Filing 13 NOTICE of Hearing: Initial Conference set for 9/2/2014 02:00 PM before Magistrate Judge Terence P Kemp. (Attachments: #1 Exhibit, #2 Exhibit) (sh1) |
| Filing 12 First MOTION for Extension of Time to File Answer New date requested 8/11/2014. Venar R. Ayar by Defendant Ronald Scherer. (Attachments: #1 Text of Proposed Order) (Ayar, Venar) |
| Filing 11 NOTICE of Appearance by Venar R. Ayar for Defendant SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE (Ayar, Venar) |
| Filing 10 NOTICE of Appearance by Venar R. Ayar for Defendant Ronald Scherer (Ayar, Venar) |
| Filing 9 NOTICE of Appearance by Venar R. Ayar for Defendant MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON) (Ayar, Venar) |
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Filing 8
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Venar R. Ayar. Signed by Magistrate Judge Terence P Kemp on 6/30/2014. (agm1)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Venar R. Ayar (Filing fee $ 200, receipt number 0648-4629206) by Defendant Ronald Scherer. (Godbey, Mark) |
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Filing 6
ORDER OF RECUSAL. Magistrate Judge Elizabeth Preston Deavers recused. Case reassigned to Magistrate Judge Terence P Kemp for all further proceedings. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/4/2014. (sln1)
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| Filing 5 NOTICE by Plaintiff UNITED STATES OF AMERICA re #1 Complaint,,,,,,,, that Replacement Exhibits for the Complaint are Filed pursuant to the Order at Docket Item #3 and are Attached to this Notice (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81) (Shapiro, Alan) |
| Filing 4 Summons Issued as to COLLEGE PROPERTIES LIMITED PARTNERSHIP, Franklin County Treasurer, MARSHA JO SCHERER (n/k/a MARSHA JO LUSTNAUER AMICON), MUNICIPAL TAX INVESTMENT, LLC, RONALD E. SCHERER RESTATEMENT OF TRUST, PNC BANK (as successor to National City Bank) TRUSTEE, Ronald Scherer, SCHERER FAMILY IRREVOCABLE TRUST, DAVID THOMPSON, TRUSTEE. (agm) |
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Filing 3
ORDER granting #2 Plaintiff's Motion to Seal Exhibits to the Complaint. Exhibits 1-81 shall remain permanently under seal. The Clerk is DIRECTED to UNSEAL the civil cover sheet and summons forms. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/15/14. (sem1)
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| Filing 2 MOTION to Seal more accurately described as UNITED STATES REQUEST FOR EXHIBITS FILED WITH THE COMPLAINT TO BE PLACED UNDER SEAL PERMANENTLY AND FOR LEAVE TO FILE REPLACEMENT EXHIBITS by Plaintiff UNITED STATES OF AMERICA. (Shapiro, Alan) |
| Filing 1 COMPLAINT against All Defendants, filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Civil Cover Sheet, #83 Summons Form for Ronald Scherer, #84 Summons Form for Ronald E. Scherer Restatement of Trust, PNC Bank (as successor to National City Bank) Trustee, #85 Summons Form for College Properties Limited Partnership, #86 Summons Form for Marsha Jo Scherer (n/k/a Marsha Jo Lustnauer Amicon), #87 Summons Form for Scherer Family Irrevocable Trust, David Thompson, Trustee, #88 Summons Form for Municipal Tax Investment, LLC, #89 Summons Form for Franklin County Treasurer) (Shapiro, Alan) |
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