Kirkland v. Kaplan
| Dwain Leon Kirkland and Dwain L. Kirkland |
| Douglas Kaplan |
| 2:2020cv00663 |
| March 28, 2020 |
| US District Court for the Eastern District of California |
| Edmund F Brennan |
| Kimberly J Mueller |
| Jeremy D Peterson |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 NOTICE of Plaintiff Acting as Sole Executor by Dwain L. Kirkland. (Attachments: #1 Order Approving Distribution Agreement, #2 Letters Testamentary)(Ullrich, Donald) Modified on 11/19/2020 (Huang, H). |
| Filing 22 INITIAL DISCLOSURES pursuant to FRCP 26(a)(1) by Dwain L. Kirkland. (Ullrich, Donald) |
| Filing 21 INITIAL DISCLOSURES pursuant to FRCP 26(a)(1) by Douglas Kaplan. (Shinder, David) |
| Filing 20 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller ORDERING a Settlement Conference SET for 3/3/2021 at 9:00 AM before Magistrate Judge Jeremy D. Peterson. The parties are directed to submit Confidential Settlement Conference Statements to chambers seven days prior to the Settlement Conference using the following email address: jdporders@caed.uscourts.gov. Such statements are neither to be filed with the Clerk nor served on opposing counsel; however, each party shall e-file a one page document entitled Notice of Submission of Confidential Settlement Conference Statement. Each party is reminded of the requirement that it be represented in person at the settlement conference by a person able to dispose of the case or fully authorized to settle the matter at the conference on any terms. Any party may request that the conference not be conducted by the assigned Magistrate Judge. See Local Rule 270. (Text Only Entry)(Schultz, C) |
| Filing 19 (DISREGARD; DUPLICATIVE OF ECF NO. #18 ) STANDING SCHEDULING ORDER signed by Chief District Judge Kimberly J. Mueller on 10/23/2020. (Schultz, C) (Docket Text Modified on 10/30/2020 by C. Schultz) |
| Filing 18 STANDING SCHEDULING ORDER signed by Chief District Judge Kimberly J. Mueller on 10/22/2020. (Schultz, C) |
| Filing 17 MINUTES for Scheduling Conference held via videoconference before Chief District Judge Kimberly J. Mueller on 10/22/2020, and FRCP 16 BENCH ORDER:Plaintiff's Counsel, Donald Ullrich, Jr., present. Defendant's Counsel, Gary Spitzer, present. Although the court does not believe there is a conflict, out of an abundance of caution, the court made a disclosure re: Mr. Peter Peterson, and asked the attorneys to consult with their clients and then let the court know if they believe there is a conflict. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, the court ORDERED the following pre-trial case schedule: amendments, if any, shall be filed within fourteen (14) days; Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 11/12/2020; Plaintiff's fact discovery shall be completed by 7/30/2021, with Defendant's fact discovery completed by 8/30/2021; expert disclosures shall be completed by 8/30/2021; rebuttal expert witnesses shall be exchanged by 9/20/2021; all expert discovery shall be completed by 10/20/2021; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 11/19/2021. For the reasons as stated on the record, Mr. Ulrich advised the court that he was unsure if a protective order will be needed in this case. The court advised the parties that if the need for a protective order arises, they shall promptly file a discovery only protective order with the assigned Magistrate Judge as provided by Local Rule 141.1. The parties agreed to participate in a court convened settlement conference in March 2021, with their first preference to appear before a Magistrate Judge, but if not available, then be referred to the court's Voluntary Dispute Resolution Program ("VDRP"). A settlement conference will be set by separate order. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Kacy Barajas. (Text Only Entry)(Schultz, C) |
| Filing 16 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 10/8/2020 is RESET for 10/22/2020 at 2:30 PM before Chief District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) |
Filing 15
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from Magistrate Judge *Edmund F. Brennan* to *Magistrate Judge Jeremy D. Peterson* for all further proceedings. As of October 1, 2020, Magistrate Judge Jeremy D. Peterson is reassigned to the Sacramento Division of the Eastern District of California. (Becknal, R)
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| Filing 14 NOTICE of APPEARANCE by David Joshua Shinder on behalf of Douglas Kaplan. Attorney Shinder, David Joshua added. (Shinder, David) |
| Filing 13 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for Chief District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for September 24, 2020 is VACATED and RESET for October 8, 2020 at 2:30 PM before Chief District Judge Kimberly J. Mueller. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 12 JOINT STATUS REPORT by Douglas Kaplan. (Spitzer, Gary) |
| Filing 11 ANSWER with Jury Demand by Douglas Kaplan.(Spitzer, Gary) |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: In light of the parties' Stipulation, ECF No. #9 , and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 9/3/20 is RESET for 9/24/2020 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report no less than fourteen (14) days prior to the new date of the status conference. (Text Only Entry)(Schultz, C) |
| Filing 9 STIPULATION to EXTEND TIME to 8/24/2020, to Respond to #4 1st Amended Complaint by Douglas Kaplan. Attorney Spitzer, Gary Steven added. (Spitzer, Gary) Modified on 7/29/2020 (York, M). |
| Filing 8 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: In light of the First Amended Complaint, ECF No. #4 , and the time provided by the Federal Rules of Civil Procedure for the Defendant to respond, the Status (Pretrial Scheduling) Conference set for 8/6/2020 is VACATED and RESET for 9/3/2020 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. Plaintiff shall serve a copy of this Minute Order on Defendant not yet appearing. (Text Only Entry) (Schultz, C) |
| Filing 7 STATUS REPORT by Dwain L. Kirkland. (Ullrich, Donald) |
| Filing 6 SUMMONS RETURNED EXECUTED: Douglas Kaplan served on 7/13/2020. (Attachments: #1 Affidavit of Reasonable Diligence, #2 Proof of Service by Mail (substitute service))(Ullrich, Donald) Modified on 7/21/2020 (Mena-Sanchez, L). |
| Filing 5 CORRECTED SUMMONS ISSUED as to *Douglas Kaplan* with answer to complaint due within *21* days. Attorney *Donald William Ullrich, Jr.* *The Ullrich Law Firm* *PO Box 160007, 3574 D Street* *Sacramento, CA 95816*. (Benson, A.) |
| Filing 4 FIRST AMENDED COMPLAINT against Douglas Kaplan by Dwain Leon Kirkland.(Ullrich, Donald) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/6/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 KJM Standing Order, #2 Consent Form, #3 VDRP) (Becknal, R) |
| Filing 2 SUMMONS ISSUED as to *Douglas Kaplan* with answer to complaint due within *21* days. Attorney *Donald William Ullrich, Jr* *PO Box 160007* *3574 D Street* *Sacramento, CA 95816*. (Becknal, R) |
| Filing 1 COMPLAINT against Douglas Kaplan by Dwain Leon Kirkland. (Filing fee $ 400, receipt number 0972-8818443) (Attachments: #1 Civil Cover Sheet)(Ullrich, Donald) |
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