Shell v. Henderson et al

Shell v. Henderson et al

Plaintiff:	Suzanne Shell
Defendant:	American Family Rights Association, William O. Tower, Ann Tower, Leonard Henderson, Susan Adams Jackson, Cletus Kiefer, Families At Risk Defense Alliance, Francine Renee Cygan, Mark Cygan, Illinois Family Advocacy Coalition, Dorothy Kernaghan-Baez, Dennis Hinger, Aimee Dutkiewicz, Thomas Dutkiewicz, William Wiseman, Wiseman Studios, Ann Durand, Brenda Swallow, Kathy Tilley, Dee Contreras, Randall Blair, Lloyd Phillips, Ringo Kamens, Cheryl Barnes, CPSWatch, Inc., Desere' Clabo, Sarah Thompson, Georgia Family Rights, Inc., National Association of Family Advocates and Connecticut DCF Watch
Case Number:	1:2009cv00309
Filed:	February 13, 2009
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	El Paso
Presiding Judge:	Marcia S. Krieger
Presiding Judge:	Kathleen M. Tafoya
Nature of Suit:	Copyright
Cause of Action:	17 U.S.C. § 101 Copyright Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 15, 2016	Filing 1276 JUDGMENT in favor of Brenda Swallow against Suzanne Shell re: 1275 Order Denying Default Judgment by Clerk on 1/15/16. (pglov)
November 6, 2015	Filing 1267 ORDER SETTING HEARING: Evidentiary Hearing set for 12/9/2015 at 09:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. by Chief Judge Marcia S. Krieger on 11/6/15. (msksec, )
December 5, 2014	Filing 1263 OPINION AND ORDER denying 1258 Motion to Amend Notice of Appeal by Chief Judge Marcia S. Krieger on 12/5/14.(dkals, )
July 28, 2014	Filing 1249 OPINION AND ORDER DENYING MOTIONS FOR RECONSIDERATION AND OBJECTIONS TO TAXATION OF COSTS: AFRA's Motion for Reconsideration (#1221) and Motion for Hearing 1247 , Mr. Henderson's Motion to Set Aside Judgment 1231 , Ms. Shell's Motion to Alter Judgment 1238 , and Ms. Shell's Objections (#1243) to the Clerk's taxation of costs are all DENIED. by Chief Judge Marcia S. Krieger on 7/28/14.(msksec, )
September 10, 2013	Filing 1220 OPINION AND ORDER OVERRULING OBJECTIONS, DECLINING TO ADOPT RECOMMENDATION, AND DENYING MOTION FOR ATTORNEY'S FEES: The Court OVERRULES Ms. Shell's Objections 1205 . However, upon de novo review, the Court disagrees with the Magistrate Judge's Recommendation and DECLINES to adopt it. For the reasons set forth, AFRA's Motion for Attorney's Fees 869 is DENIED. by Chief Judge Marcia S. Krieger on 9/10/13.(msksec, )
August 23, 2013	Filing 1218 ORDER denying 1214 , 1215 Motions for Leave to Appear Remotely: The parties shall appear in-person at trial as scheduled, barring which, they will be deemed to have defaulted on the remaining claims against them. By Chief Judge Marcia S. Krieger on 8/23/13.(msklc2, )
August 7, 2013	Filing 1207 OPINION AND ORDER imposing sanctions against Defendants: The Court directs that Ms. Swallow and Mr. Henderson shall each contact the Court Reporter, Terri Linblom, via e-mail at terrilindblom@gmail.com, or via telephone at (303) 628-7877, and ma ke appropriate arrangements to order and pay for a copy of the transcript of the July 25, 2013 conference. Once the Defendants have remitted payment to Ms. Lindblom, they shall file a notice in this action attesting that they have done so. The Defendants shall complete this task, including the remittance of payment to Ms. Lindblom, on or before Friday, August 16, 2013. No extensions will be granted. By Chief Judge Marcia S. Krieger on 8/7/13. (msklc2, )
July 25, 2013	Filing 1199 MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 7/25/2013. 1173 Motion for Reconsideration is DENIED; 1195 Motion to Amend/Correct/Modify is DENIED; 1195 Motion for Reconsideration is DENIED; [1 197] Motion for Partial Summary Judgment is DENIED; Jury Trial set for 9/30/2013 - 10/3/2013 09:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Other matters addressed and/or deadlines imposed are set forth in the Minutes. Court Reporter: Terri Lindblom. (mskcd)
May 31, 2013	Filing 1172 OPINION AND ORDER: For the foregoing reasons, Mr. Henderson's Motion to Clarify 870 is DENIED as moot. Ms. Swallow's Motion to Dismiss 901 and Motion for Summary Judgment 907 , 908 are DENIED. Ms. Shell's Motion for Default J udgment 926 against Defendants Connecticut DCF Watch, Georgia Family Rights, Inc., Families At Risk Defense Alliance, Francine Cygan, National Association of Family Advocates, and Illinois Family Advocacy Coalition is DENIED and the claims against those Defendants are DISMISSED pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. Mr. Henderson's Motion for Summary Judgment 934 is GRANTED IN PART, insofar as Mr. Henderson is entitled to summary judgment on Ms. Shell's claim for secondary liability for copyright infringement, to the extent premised on a theory of vicarious infringement, and DENIED IN PART in all other respects. Mr. Blair's Motion to Dismiss or for Summary Judgment 993 is GRANTED, and the claims ag ainst Mr. Blair are DISMISSED for failure to state a claim. Ms. Shell's Objection 841 is SUSTAINED, the Court VACATES the Magistrate Judges September 11, 2012 Minute Order 838 and directs that the Clerk of the Court place Docket # 818 under a Level 1, not a Level 2, restriction. Ms. Shell's remaining Objections 1027 , 1073 , 1114 , 1124 , and 1168 are OVERRULED, and the Court AFFIRMS the Magistrate Judge's rulings underlying those Objections. Ms. Swallow's Object ions 1089 are OVERRULED as moot. Ms. Shell, Ms. Swallow, and Mr. Henderson shall submit the pre-trial submissions referenced above on or before July 1, 2013, and shall appear at a Pretrial Conference at 1:30 PM on July 25, 2013, in anticipation of a jury trial commencing in early September 2013. Failure to comply with this Order may result in the imposition of sanctions against the offending party. By Chief Judge Marcia S. Krieger on 5/31/13.(msklc2, )
April 16, 2013	Filing 1166 ORDER: Defendant Swallow's Motion to Terminate and Limit Depositions [Doc. No. 1137 ] is GRANTED IN PART. Defendant Swallow's Motion to Sanction Plaintiff for Failure to Comply with Discovery Requests [Doc. No. 1138 ] is DENIED. Defendant Swallow's Objection to Court Order (DOC # 1162 ) [Doc. No. 1163 ],construed as an objection to the admissibility of evidence at trial, is DENIED without prejudice to raising evidentiary matters at the appropriate time. Plaintiff's Motions for Sanctions for Deposition Abuse Pursuant to Local Rule30.3 and for an Order Pursuant to the Court's Order 1136 [Doc. No. 1140 ] is DENIED. By Magistrate Judge Kathleen M. Tafoya on 4/16/2013.(klyon, )
March 26, 2013	Filing 1149 ORDER denying 1139 Henderson Motion for Sanctions Under FRCP 26(g). By Magistrate Judge Kathleen M. Tafoya on 3/26/2013. (klyon, )
March 19, 2013	Filing 1130 ORDER Plaintiff (sic) Motion for Sanctions and for Additional Time to Depose Defendant Henderson Doc. No. 1091 is GRANTED in part and DENIED in part. The Motion is GRANTED to the extent that Plaintiff will be given a total of nine hours of tes timony time, three hours of which has been used. Thus, Plaintiff will be allowed to continue the deposition of Defendant Henderson for an additional six hours under the parameters set forth herein. The Motion is DENIED as to any award of sanctions against Defendant Henderson. It is further ORDERED The continued deposition of Defendant Henderson will be scheduled on or before March 29, 2013, by Magistrate Judge Kathleen M. Tafoya on 3/19/2013.(ervsl, )
March 18, 2013	Filing 1127 ORDER OF CLARIFICATION; granting 1122 Motion to Clarify. By Magistrate Judge Kathleen M. Tafoya on 3/18/13. (kfinn, )
March 14, 2013	Filing 1120 ORDER granting in part and denying in part 1096 Plaintiff's Sixth Motion for Sanctions or in the Alternative, Fifth Motion to Compel and Motion for Extension of Time to Respond to the Defendant's Motion for Summary Judgment. By Magistrate Judge Kathleen M. Tafoya on 3/14/2013. (klyon, ) Modified on 3/14/2013 to correct judicial officer(klyon, ).
March 12, 2013	Filing 1098 ORDER: Defendant Swallow's Notice to the Court Pertaining to Order of Magistrate Judge (Doc.# 1090) [Doc. No. 1094 ], is hereby converted to a Motion to Stay directed at the Magistrate Judge pursuant to D.C.COLO.LCivR 30.2(B). The Motion to Stay [Doc. No. 1094 ] is DENIED. By Magistrate Judge Kathleen M. Tafoya on 3/12/2013. (klyon, )
March 5, 2013	Filing 1090 Order. Compliance with the 1083 Order is required unless and until either the District Court or this court grants a stay or until the District Court rules on the objection, whichever comes first. By Magistrate Judge Kathleen M. Tafoya on 3/5/2013. (klyon, )
February 28, 2013	Filing 1088 ORDER granting 1069 Plaintiff's Motion to Correct the Court Order 1068 . By Magistrate Judge Kathleen M. Tafoya on 2/28/2013.(klyon, )
January 28, 2013	Filing 1033 MINUTE ORDER denying 921 Plaintiff's Verified Motion for Sanctions or in the Alternative Motion for Order to Show Cause. By Magistrate Judge Kathleen M. Tafoya on 1/28/2013.(klyon, )
January 25, 2013	Filing 1024 MINUTE ORDER denying 928 Plaintiff's Fourth Motion for Sanctions Against Defendant Swallow for Failure to Obey Court Order 910 ; and denying 952 Plaintiff's Motion to Matters as Admitted as to Defendant Henderson and for Other Re lief; and denying 953 Sixth Motion for Sanctions as to Defendant Swallow for Violation of the Protective Order 788 ; and denying 960 Seventh Motion for Sanctions as to Defendant Swallow for Violation of the Protective Order 788 ; and de nying 970 Defendant Swallow's Motion to Compel Plaintiff to Produce Source of Evidence; and denying 972 Defendant Swallow's Motion to Have Evidence Declared Inadmissible; and denying 988 Defendant Swallow's Motion to Compe l Source of Allegations; and denying 997 Defendant Swallow's Motion to Have Plaintiff's Associated Corporations and Organizations Secure Competent and Lawful Legal Counsel. By Magistrate Judge Kathleen M. Tafoya on 1/25/2013. (klyon, )
December 18, 2012	Filing 932 ORDER of Dismissal Without Prejudice granting 927 Motion to Dismiss. All claims against Defendant Mark Cygan are hereby dismissed, without prejudice. All future captions shall omit the name Mark Cygan. By Judge Marcia S. Krieger on 12/18/2012. (klyon, )
October 16, 2012	Filing 888 ORDER re: 883 Plaintiff's Partially Unopposed Motion to Amend the Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4). Failure to take the deposition on one of the three provided dates may result in Plaintiff being foreclosed from taking Mr . Blair's deposition at a later time. The court will address the possibility of a January 2013 deposition of Mr. Blair in connection with Plaintiff's Motion to Extend the discovery cut off date at the hearing on 10/23/2012. The remaining issues are held in abeyance to be addressed at the hearing on 10/23/2012 at 1:30 p.m. By Magistrate Judge Kathleen M. Tafoya on 10/16/2012.(klyon, )
October 5, 2012	Filing 868 ORDER granting in part and denying in part 864 Plaintiff's Renewed Motion for Protective Order Pursuant to D.C.COLO.L.CivR 30.3 as to Defendant Blair. By Magistrate Judge Kathleen M. Tafoya on 10/5/2012. (klyon, )
September 28, 2012	Filing 861 OPINION AND ORDER GRANTING AND DENYING MOTIONS TO DISMISS AND RELATED MOTIONS AND ORDER TO SHOW CAUSE: IT IS THEREFORE ORDERED: (1) Defendant American Family Rights Association's ("AFRA") Motion to Dismiss 485 is GRANTE D. The claims against AFRA are dismissed without prejudice for lack of personal jurisdiction and the caption of the case is amended to omit reference to AFRA. (2) Ms. Shell's Motion to Strike Defendant AFRA's Motion to Dismiss 535 is DENIED. (3) Ms. Shell's Motion for Sanctions Pursuant to Fed.R.Civ.P. 11 536 is DENIED. (4) Defendant Brenda Swallow's Motion to Dismiss 506 is GRANTED IN PART AND DENIED IN PART. The Plaintiff's claims o f contributory and vicarious copyright infringement, tortious interference with contract, false advertising, unfair trade practices, civil conspiracy, and anti-trust violations are dismissed as to Ms. Swallow for failure to state a claim. (5) Defend ant Leonard Henderson's Motion for Summary Judgment 592 , construed as a Motion to Dismiss, is GRANTED IN PART AND DENIED IN PART. The Plaintiff's claims of misappropriation of trade secret, tortious interference with contract, bre ach of contract, false advertising, unfair trade practices, civil conspiracy, and anti-trust violations are dismissed as to Mr. Henderson for failure to state a claim. (6) For purposes of clarity, the Court repeats that the following claims, and onl y the following claims, are proceeding against Ms. Swallow and Mr. Henderson in this suit: (i) copyright infringement against Mr. Henderson and Ms. Swallow, (ii)contributory copyright infringement against Mr. Henderson; (iii) misappropriation of trad e secrets against Ms. Swallow; (iv) breach of contract against Ms. Swallow; and (v) unfair trade practices against Mr. Henderson. (7) Ms. Shell shall file a statement identifying all of the alleged infringing acts underlying her claim of copyright in fringement and contributory/vicarious copyright infringement, as described herein, within ten days of the issuance of this order. (8) With regard to Defendants Families At Risk Defense Alliance; Francine Renee Cygan; Mark Cygan; Illinois Family Advoc acy Coalition; Georgia Family Rights, Inc; and National Association of Family Advocates, Ms. Shell shall have 30 days from the date of this Order in which to file appropriate motions for default judgment, dismiss the claims against these Defendants, or otherwise show cause why the claims against these Defendants should not be dismissed for failure to prosecute. by Judge Marcia S. Krieger on 9/28/12.(msksec, )
August 30, 2012	Filing 823 ORDER denying as premature 813 Plaintiff's Motion to Compel Defendant AFRA to Respond to Plaintiff's Discovery Requests; denying as moot 820 Plaintiff's Rule 26(c) Motion for Protective Order as to Defendant AFRA, by Magistrate Judge Kathleen M. Tafoya on 08/30/2012.(wjcsl, )
August 29, 2012	Filing 819 ORDER granting in part and denying in part 812 Plaintiff's Second Motion for Sanctions Against Defendant AFRA For Failure to Obey Court Orders. AFRA shall submit its previous interrogatory responses signed under oath on or before 09/07/2012, by Magistrate Judge Kathleen M. Tafoya on 08/29/2012.(wjcsl, )
August 28, 2012	Filing 806 MINUTE ORDER granting 791 Plaintiff's Partially Unopposed Motion to Correct the Court's Minute Order 789 , by Magistrate Judge Kathleen M. Tafoya on 08/28/2012.(wjcsl, )
August 16, 2012	Filing 788 PROTECTIVE ORDER By Magistrate Judge Kathleen M. Tafoya on 8/16/12. (mjgsl, )
August 8, 2012	Filing 769 ORDER re: 768 Request filed by Leonard Henderson. ORDER Plaintiff Suzanne Shell to respond to the interrogatories directly to Defendant Henderson on or before September 7, 2012. By Magistrate Judge Kathleen M. Tafoya on 8/8/12. (mjgsl, )
August 2, 2012	Filing 760 MINUTE ORDER denying as moot 758 Plaintiff's Motion to Strike. Defendant Henderson's 748 Answer Shell Complaint is STRICKEN, by Magistrate Judge Kathleen M. Tafoya on 08/02/2012.(wjcsl, )
June 22, 2012	Filing 723 ORDER denying 541 Plaintiff's Motion for Order Reinstating Thomas Dutkiewicz as a Defendant, by Magistrate Judge Kathleen M. Tafoya on 06/22/2012.(wjcsl, )
March 28, 2012	Filing 668 MINUTE ORDER denying 648 Defendant Renee Cygan's Emergency Motion for Protective Order and Sanctions AGainst Plaintiff Suzanne Shell, by Magistrate Judge Kathleen M. Tafoya on 3/28/12.(gmssl, )
March 14, 2012	Filing 623 ORDER DISMISSING CLAIMS AGAINST CERTAIN DEFENDANTS. Plaintiff's 547 Motion to Dismiss Unserved Defendants is GRANTED and any and all claims asserted against Dennis Hinger, Ann Durand, Kathy Tilley, Lloyd Phillips and Desere' Clabo are hereby dismissed, without prejudice, each party to pay his, her or its own costs and attorneys' fees herein expended. All future captions shall so reflect, by Judge Marcia S. Krieger on 03/14/2012.(wjc, )
March 12, 2012	Filing 619 ORDER denying 613 Defendant Swallow's Motion to Strike Plaintiff Shell's Response to Defendant Blair'[s] Motion to Amend Answer and Counterclaim, by Magistrate Judge Kathleen M. Tafoya on 03/12/2012.(wjc, )
March 6, 2012	Filing 609 MINUTE ORDER granting in part and denying in part 601 Plaintiff's Partially Unopposed Motion to Stay Discovery and for Extension of Time on Discovery and to Complete Disclosures. All parties are granted an extension to 03/13/2012 to make initial disclosures pursuant to Rule 26(a)(1), by Magistrate Judge Kathleen M. Tafoya on 03/06/2012.(wjc, )
February 27, 2012	Filing 595 MINUTE ORDER denying without prejudice 576 Motion to Quash service and Vacate Default Judgment, by Magistrate Judge Kathleen M. Tafoya on 02/27/2012.(wjc, )
February 24, 2012	Filing 594 MINUTE ORDER denying 589 Plaintiff's Motion for an Expedited Order to Restrict Defendant Henderson's Filing, by Magistrate Judge Kathleen M. Tafoya on 02/24/2012.(wjc, )
February 23, 2012	Filing 590 MINUTE ORDER granting 579 Plaintiff's Unopposed Motion to Strike Defendant Henderson's Declaration Re: Hession Affidavit [Doc # 433 -1] { 561 & 562 }. Mr. Henderson's Declarations (Doc. Nos. 561 and 562 ) are STRICKEN. The c ourt notes that the following documents are not motions, nor are they responsive to a motion: Doc. Nos. 532 , 542 , 555 , 558 , 560 , 566 , 569 , 570 , 581 , 586 . Thus, these documents are STRICKEN and will not be considered for any purpose. Plaintiff's 580 Unopposed Motion to Strike Henderson Sigh Responds to Plaintiff Doc 566 is DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 02/23/2012.(wjc, )
February 10, 2012	Filing 567 MINUTE ORDER denying 563 Defendant Randall Blair's Motion to Amend Answer to Add Counterclaim, by Magistrate Judge Kathleen M. Tafoya on 02/10/2012.(wjc, )
January 30, 2012	Filing 539 ORDER. Document Numbers 523 , 524 , 525 , 526 , and 537 filed by Thomas Dutkiewicz on behalf of Defendant Connecticut DCF Watch are STRICKEN, by Magistrate Judge Kathleen M. Tafoya on 01/30/2012.(wjc, )
January 18, 2012	Filing 521 MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 1/18/2012, granting 492 Motion to Strike, denying 492 Motion to Amend/Correct/Modify, denying 503 Motion to Strike, and denying 508 Motion to Strike. Discovery due by 9/18/2012. Dispositive Motions due by 12/18/2012. For further information, please see minutes. (FTR: Courtroom C-201) (kmtcd)
November 30, 2011	Filing 479 ORDER Scheduling Conference set for 1/4/2012 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 11/30/2011. (kmtcd)
May 12, 2011	Filing 472 ORDER denying without prejudice 463 Plaintiff's Motion to Amend Complaint and Supplement Complaint, by Magistrate Judge Kathleen M. Tafoya on 05/12/2011.(wjc, )
March 24, 2011	Filing 460 OPINION AND ORDER Granting in Part 403 Plaintiff Suzanne Shells Motion for Reconsideration (supplemented at # 433 , 459 ) insofar as it seeks reconsideration of her objections and to reinstate AFRA as a defendant in this action and DENIED IN PART insofar as it seeks any other change to the Court's previous 397 Order. Ms. Shell's 436 Motion to Strike Mr. Henderson's 428 Objections is DENIED AS MOOT. Ms. Shell's 415 Motion to Amend her 1 Complaint, with exhibits at # 421 , is DENIED, with leave to renew. Ms. Shell is granted leave to file a new Motion to Amend with a final draft of the Amended Complaint within 14 days of the date of this Order. No extension of this deadline will be granted. Mr. Bryan's 431 Motion to Dismiss (briefed in # 432 ) Ms. Shell's Proposed Amended Complaint (# 415 -1) is DENIED, with leave to reinstate should Ms. Shell file, and the Court grant, a sufficient motion to amend the complaint. Defendant Leonard Henderso n's 404 Motion to Amend his 168 Motion to Dismiss is DENIED. Defendant Aimee Dutkiewicz's 405 Motion to Dismiss is GRANTED. Motion by Torm L. Howse, purporting to act as relator on behalf of the United States seeking dismissal of thi s action (# 445 ) is DENIED. The caption of this case shall be amended to include American Family Rights Association. Ms. Shell is hereby directed to serve a copy of this order on Mr. Hession and on Mr. Tower within 14 days of the date of this Order. AFRA will have 30 days from the date of this Order for entry of counsel on its behalf. During such period, Ms. Shell shall not request any relief against AFRA, by Judge Marcia S. Krieger on 03/24/2011.(wjc, )
July 15, 2010	Filing 455 ORDER denying 449 United States Motion to Intervene by Magistrate Judge Kathleen M. Tafoya on 07/15/2010.(wjc, )
May 5, 2010	Filing 420 MINUTE ORDER granting 416 Plaintiff's Motion to Withdraw Document. Document 410 Amended Document is WITHDRAWN. The 413 Motion to Strike Proposed First Amended and Supplemental Complaint is denied as moot, by Magistrate Judge Kathleen M. Tafoya on 05/05/2010.(wjc, )
March 31, 2010	Filing 397 OPINION AND ORDER GRANTING AND DENYING MOTIONS TO DISMISS. Defendant Dorothy Kernaghan-Baez's 39 Motion to Dismiss, filed on behalf of the Illinois Family Advocates Coalition, is DENIED WITHOUT PREJUDICE for failure to comply with D.C. Colo. L. Civ. R. 11.1. Defendant Dorothy Kernaghan-Baez's 54 first Motion to Dismiss is DENIED. Defendant Susan Adams Jackson's 55 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against her and DENIED IN PA RT insofar as it seeks any other relief including sanctions. All claims against Defendant Susan Adams Jackson are DISMISSED WITHOUT PREJUDICE. Defendant Dee Contreras's 58 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against her and DENIED IN PART insofar as it seeks any other relief including sanctions. All claims against Defendant Dee Contreras are DISMISSED WITHOUT PREJUDICE. Defendant Thomas Dutkiewicz's 66 Motion to Dismiss is GRANTED. All claims against Defendant Thomas Dutkiewicz are DISMISSED WITHOUT PREJUDICE. Defendants Cheryl Barnes, CPS Watch, Inc., and Sarah Thompson's 112 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against them and DENIED IN PART insofar as it seeks any other relief including sanctions. All claims against Defendants Cheryl Barnes, CPS Watch, Inc., and Sarah Thompson are DISMISSED WITHOUT PREJUDICE. Defendant Leonard Henderson's 168 Motion to Dismiss is DENIED. Defendant Brenda Swallow's 172 Motion to Dismiss is DENIED. Defendant Ann Tower's 199 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against her and DENIED IN PART insofar as it seeks any othe r relief including sanctions. All claims against Defendant Ann Tower are DISMISSED WITHOUT PREJUDICE. Defendant Dee Contreras's 201 Motion to Supplement is DENIED AS MOOT. Defendant Dorothy Kernaghan-Baez's 206 second Motion to Dismiss is GRANTED. All claims against Defendant Dorothy Kernaghan-Baez are DISMISSED WITHOUT PREJUDICE. Defendant William O. Tower's 217 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against him and DENIED IN PART insofar as it seeks any other relief including sanctions. All claims against Defendant William O. Tower are DISMISSED WITHOUT PREJUDICE. Defendant William Wiseman's 240 Motion to Dismiss is GRANTED IN PART insofar as it seeks dismissal of the claims against him and DENIED IN PART insofar as it seeks any other relief including sanctions. All claims against Defendant William Wiseman are DISMISSED WITHOUT PREJUDICE. Defendant Cletus Kiefer's 247 Motion to Dismiss is GRANTED IN PART i nsofar as it seeks dismissal of the claims against him and DENIED IN PART insofar as it seeks any other relief including sanctions. All claims against Defendant Cletus Kiefer are DISMISSED WITHOUT PREJUDICE. Defendant Aimee Dutkiewicz's 336 Mo tion to Dismiss is DENIED. Defendant Ringo Kamens a/k/a Alex Bryan's 211 Motion for Judgment on the Pleadings is GRANTED. All claims against Defendant Ringo Kamens a/k/a Alex Bryan are DISMISSED WITHOUT PREJUDICE. Ms. Shell's claim under the Racketeering Influenced and Corrupt Organizations Act claim is DISMISSED as against all defendants. Ms. Shell is granted leave to replead, with specific factual allegations, claims against Defendant Ringo Kamens a/k/a Alex Bryan, but no other D efendant currently named, within fourteen days of the date of this Order. Request for leave to amend with respect to claims against Defendant Dee Contreras must be made by separate motion filed within fourteen days of this Order. Defendants Susan Ada ms Jackson, Dee Contreras, Thomas Dutkiewicz, Cheryl Barnes, CPS Watch, Inc., Sarah Thompson, Ann Tower, Dorothy Kernaghan- Baez, William O. Tower, American Family Rights Association, William Wiseman, Wiseman Studios, Cletus Kiefer, and Ringo Kamens shall be deleted from the caption in all future filings, by Judge Marcia S. Krieger on 03/31/2010.(wjc, )
March 11, 2010	Filing 395 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 3/11/2010. Plaintiffs 376 MOTION for Sanctions Against Defendant Aimee Dutkiewicz and MOTION for Protective Order is DENIED. The Court will not cer tify this issue to the District Court for contempt sanctions. Effective this date forward, the Court will waive the parties compliance with Local Rule 7.1 with respect to conferral pending ruling by the District Judge of the pending motions to dismis s. The Court will assume any motion filed by any party is opposed. There will be no overtures toward settlement by any party in this case, as it is clear to the Court that no party will settle until the pending motions to dismiss have been resolved. The Court will set a settlement conference, if necessary, after the motions to dismiss have been resolved. Parties will be allowed to file motions if they feel an issue needs the Courts attention. However, any party wishing to file a motion must file a Motion to File a Motion. The motion to file a motion must give explanation of the motion to be filed without any attachments or documentation. If the Court grants the filing of a motion, the Court will not allow any party to file responses unless the Court orders them. Any motions, responses or other briefing filed without leave of the Court will be stricken. (FTR - Debra Brown) (kmtcd, )
December 11, 2009	Filing 355 ORDER granting in part 353 Defendant's Motion to Stay Ruling 352 for Both Financial and Health Reasons. Defendant shall make payments to Plaintiff in the amount of $20.00 per month beginning 01/04/2010, no later than the first business day of every month, until the cost award of $172.83 has been paid in full. Defendant shall file a Notice of Compliance with this Order no later than the tenth day of each month following her payment to Plaintiff. Any further relief sought by Defendant in her motion is DENIED, by Magistrate Judge Kathleen M. Tafoya on 12/11/2009.(wjc, )
November 13, 2009	Filing 352 ORDER granting in part 335 Plaintiffs Verified Motion for Imposition of Costs of Personal Service Upon Defendant Aimee Dutkiewicz Pursuant to Fed.R.Civ.P. [sic] 4(d)(2) and for Sanctions. Plaintiff is awarded costs for effecting personal service i n the amount of $172.83, to be paid to Plaintiff no later than 12/11/2009. Defendant shall file a Notice of Compliance with this Order no later than 12/18/2009. Plaintiffs 347 Verified Motion for Costs of Personal Service Upon Defendant Randall Blair is DENIED, by Magistrate Judge Kathleen M. Tafoya on 11/13/2009.(wjc, )
October 19, 2009	Filing 344 MINUTE ORDER striking 339 Plaintiff's Motion for Sanctions Against Defendant Contreras Pursuant to Fed.R.Civ.P. [sic] 11; striking 340 Plaintiff's Motion for Sanctions Against Defendant Henderson Pursuant to Fed.R.Civ.P. [sic] 11, by Magistrate Judge Kathleen M. Tafoya on 10/19/2009.(wjc, )
October 6, 2009	Filing 334 REPORT AND RECOMMENDATIONS: Defendant Blairs 277 Motion to Quash Service Due to Failure to Execute Personal Service Required by FRCP (4)(E)(1) [sic] and Dismiss Pursuant to FRCP 12(B)(4) [sic] and FRCP 12(B)(5) [sic] be DENIED, by Magistrate Judge Kathleen M. Tafoya on 10/06/2009. (wjc, )
September 28, 2009	Filing 331 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE: Plaintiffs request for costs is denied at this time. This court respectfully RECOMMENDS that Defendant Aimee Dutkiewiczs 280 Motion to Strike Service of Summons for Improper Service or In the Alternative a Request for Additional Time to Answer Complaint Pending the Outcome of the Motion to Strike be DENIED, by Magistrate Judge Kathleen M. Tafoya on 09/28/2009. (wjc, )
September 24, 2009	Filing 329 MINUTE ORDER striking 324 Plaintiff's Motion for Rule 11 Sanctions Against Defendant Blair; striking 325 Plaintiff's Motion for Rule 11 Sanctions Against Defendant Aimee Dutkiewicz, by Magistrate Judge Kathleen M. Tafoya on 09/24/09.(wjc, )
September 22, 2009	Filing 322 MINUTE ORDER striking 319 Plaintiff's Motion for Protective Order for the same reasons set forth in this Court's 284 Order by Magistrate Judge Kathleen M. Tafoya on 09/22/09.(wjc, )
August 26, 2009	Filing 284 ORDER: STRIKING 253 Defendant William O. Towers Request for Admonishment and/or Sanctions Against Plaintiff Shell for Continued Abuse. By Magistrate Judge Kathleen M. Tafoya on 8/26/09.(kmtcd)
August 21, 2009	Filing 276 MINUTE ORDER: Defendant Wiseman 272 Motion to Strike Request for a Protective Order is construed to be a motion to withdraw 270 Defendant Wisemans Request for a Protective Order and is GRANTED. Defendant Wiseman 270 Request for a Protective Order is WITHDRAWN, by Magistrate Judge Kathleen M. Tafoya on 08/21/09.(wjc, )
July 24, 2009	Filing 239 ORDER denying 225 MOTION for Reconsideration Order #222 Denying Motion to Seal by Plaintiff by Magistrate Judge Kathleen M. Tafoya on 7/24/09.(kmtcd)
July 10, 2009	Filing 222 ORDER denying 204 Plaintiff's Emergency Motion to Seal Documents 203 and for Protective Order, by Magistrate Judge Kathleen M. Tafoya on 07/10/09.(wjc, )
July 7, 2009	Filing 205 ORDER granting in part and denying in part 183 Plaintiff's Amended Motion for Extension of Time to Serve Defendants and for Determination of Service as noted in Order. Defendant Aimee Dutkiewicz's 187 MOTION to Strike and Vacate Servic e of 179 Summons for Improper Service and Fraud Perpetrated on the Court by the Plaintiff and Marshal, Arthur B. Cyr and Sanctions be Brought Against the Plaintiff is granted in part and denied in part. The court finds service on Defendant Aimee Du tkiewicz was not proper. The court will not strike the 179 Declaration for Return of Service on Aimee Dutkiewicz or award sanctions. Defendant Aimee Dutkiewicz and William Wiseman are ordered to advise plaintiff by 7/27/09 if they will accept serv ice. Plaintiff is granted to 8/14/09 to serve all remaining defendants. No further extensions will be granted. Signed by Magistrate Judge Kathleen M. Tafoya on 7/7/09.(kmtcd) Modified on 7/7/2009 to add text to clarify title of motions and delete text concerning 199 motion (wjc, ).
May 29, 2009	Filing 169 MINUTE ORDER re: 165 Plaintiff's Motion to Reinstate Service of Summons Returned Executed Upon Defendant Anne E. Tower. To the extent Plaintiff moves this court for an order vacating its previous order finding Defendant Ann Tower had not been served, the 165 motion is GRANTED. The motion isDENIED in all other respects. Defendant Ann Tower shall answer or otherwise respond to Plaintiffs Complaint no later than 06/30/2009. In the alternative, Defendant Ann Tower shall file an application for stay of proceedings pursuant to the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §522(b)(2), by Magistrate Judge Kathleen M. Tafoya on 05/29/09.(wjc, )
May 21, 2009	Filing 159 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 5/21/2009. No discovery and no further motions allowed pending ruling on motions to dismiss. Filings are limited as set forth in the minutes . 71 Clerk's Entry of Default, 90 Clerk's Entry of Default and 107 Clerk's Entry of Default are stricken and the defaults set aside. Granting 148 Defendants' Motion to Vacate Default Judgment and granting 144 Motion to Set Aside Clerk's Entry of Default. Denying without prejudice 103 Plaintiff's Motion for Default Judgment as to American Family Rights Association, etc. and 109 Motion for Default Judgment as to Sarah Tompson pending ruling on the mot ions to dismiss. Granting in part Dee Contreras' 134 and 135 Motions for Orders Restraining Plaintiff and for Sanctions. Motion for Sanctions is denied. Denying 146 Plaintiff's Motion to Strike Answer to Complaint. Granting in par t 152 Defendant's Motion for Additional Time. All defendants who have been served as of 5/21/09 have to and including 7/7/09 to file response to complaint, but only to the extent no response has been previously filed. Plaintiff has 30 days t o respond. Clerk to mail a current docket sheet to all pro se parties. Denying 106 Plaintiff's Motion for Protective Order. Denying 44 Plantiff's Motion for Costs of Personal Service without prejuidice. Granting 88 Wiseman's Motion to Seal Motion for Appointment of Counsel.(Court Reporter FTR - Debra Brown.) (gmssl, )
May 13, 2009	Filing 132 ORDER granting in part and denying in part 122 Motion to Amend Court's Order 4 Setting Scheduling Conference and Rule 26 Disclosure Deadlines. The parties shall not be required to make initial disclosures pursuant to Fed. R. Civ. P. 26 nor shall they be required to participate in a Fed.R.Civ.P.26(f) meeting unless and until ordered to do so by the Court. The Fed.R.Civ.P.16 conference will not be vacated and will take place as ordered on 05/19/09 at 10:00 AM. No party shall be required to submit further proposed Scheduling Orders in anticipation of the 05/19/09 conference, by Magistrate Judge Kathleen M. Tafoya on 05/13/09.(wjc, )
May 11, 2009	Filing 116 ORDER striking 114 Motion for Reconsideration of Default Judgment Against AFRA, by Magistrate Judge Kathleen M. Tafoya on 05/11/09.(wjc, )
April 30, 2009	Filing 92 AMENDED 91 ORDER: Defendant Dutkiewiczs 69 Motion to Compel Plaintiff from Sending Emails to Compel Defendants is DENIED without prejudice as premature; Defendant Dutkiewiczs 70 Motion for the Production of Documents is DENIED without prejudice as premature ; Defendant Wisemans 79 Motion for Appointment of Counsel Under 42 U.S.C. 20003-5 is DENIED; and Defendant Hendersons 83 Motion for Reconsideration of Default Judgment and Motion to Dismiss and Request for Court Appointed Counsel is DENIED. The Scheduling Conference set for 5/19/09 will commence at 10:15 a.m. (rather than 10:00 a.m.). Out-of-state defendants may attend the Scheduling Conference by telephone. The plaintiff is ORDERED to appear at the scheduling conference in person. The parti es are advised that the court will not entertain any further motions related to discovery or motions for appointment of counsel until after the Scheduling Conference, by Magistrate Judge Kathleen M. Tafoya on 4/30/09. (wjc, )
April 20, 2009	Filing 49 ORDER denying 47 Motion to Reconsider by Magistrate Judge Kathleen M. Tafoya on 04/20/09.(wjc, )
April 16, 2009	Filing 45 Amended 43 ORDER that the 16 Answer of Defendant National Association of Family Advocates is STRICKEN. Defendant National Association of Family Advocates shall obtain counsel no later than May 15, 2009. Ms. Kernaghan-Baez is advised she may not a ppear on behalf of the corporation at the scheduling conference set for May 19, 2009. Plaintiffs 29 Motion to Strike Parts of NAFAs Answer 16 Filed on 3/24/200, and to Deem Matters Not Denied as Admitted is DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 04/16/09. (wjc, )
February 20, 2009	Filing 5 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 2/20/09. (mskcd)
February 18, 2009	Filing 4 ORDER setting Scheduling Conference set for 5/19/2009 at 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 2/18/09. (wjc, )

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Plaintiff: Suzanne Shell
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Defendant: American Family Rights Association
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Defendant: Illinois Family Advocacy Coalition
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Defendant: Aimee Dutkiewicz
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Defendant: William Wiseman
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Defendant: Wiseman Studios
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Defendant: Ann Durand
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Defendant: Randall Blair
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