Murphy v. Schaible, Russo & Company, C.P.A.'s, L.L.P. et al
Plaintiff: Dianna Christine Murphy
Defendant: Schaible, Russo & Company, C.P.A.'s, L.L.P. and Thomas Schaible
Case Number: 1:2019cv02808
Filed: October 1, 2019
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Nina Y Wang
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2021 Opinion or Order Filing 233 NOTICE of Change of Address by Defendant Thomas Schaible (Wells, Hilary)
September 2, 2021 Opinion or Order Filing 232 ORDER Denying Motions for Summary Judgment 147 & 149 and Granting in Part and Denying in Part 181 Defendant's Motion to Exclude Testimony by Judge William J. Martinez on 9/2/2021.(trvo, )
August 6, 2021 Opinion or Order Filing 231 RESPONSE to #229 MOTION for Leave to #206 Proposed Pretrial Order filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D)(Curtis, Cory)
August 2, 2021 Opinion or Order Filing 230 ORDER: This matter is before the Court on Defendant Schaible's Motion for Leave to Amend the Final Pretrial Order to Add Additional Documents from the Plaintiff's Divorce Case in Mexico #229 . Plaintiff is DIRECTED to file a Response to the Motion on or before Friday, August 6, 2021. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 8/2/2021. Text Only Entry (wjmsec, )
July 29, 2021 Opinion or Order Filing 229 MOTION for Leave to #206 Proposed Pretrial Order by Defendant Thomas Schaible. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DiGeronimo, Kate)
June 28, 2021 Opinion or Order Filing 228 Exhibits in Support of #227 Order on Motion for Leave to Restrict, #220 Restricted Document - Level 1 Redacted version of Exhibit A [#220-1] by Defendant Thomas Schaible. (DiGeronimo, Kate)
June 24, 2021 Opinion or Order Filing 227 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/24/21 granting in part and denying in part #224 Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to UN-RESTRICT [#220]; and The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#220-1]. On or before July 1, 2021, Mr. Schaible shall file a redacted version of Exhibit A [#220-1], and identify it as such in the associated docket entry, consistent with this Minute Order. (nmarb, )
June 15, 2021 Opinion or Order Filing 226 REPLY to Response to #213 MOTION to Strike Defendant Thomas Schaibles Improperly Disclosed Witnesses filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
June 14, 2021 Opinion or Order Filing 225 MEMORANDUM regarding #224 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 6/14/2021. Text Only Entry (wjmsec, )
June 11, 2021 Opinion or Order Filing 224 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)
June 4, 2021 Opinion or Order Filing 223 ORDER granting Defendant Thomas Schaible's Unopposed Motion to Reschedule Pre-Trial Conference #221 . The Motion is GRANTED for good cause shown. The Final Trial Preparation Conference set for May 13, 2022 is hereby VACATED and RESET to May 6, 2022 at 2:00 p.m., in person, in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with all deadlines triggered by the dates of the Final Trial Preparation Conference and Trial. SO ORDERED by Judge William J. Martinez on 6/4/2021. Text Only Entry(wjmsec, )
June 1, 2021 Opinion or Order Filing 222 Defendant Thomas Schaible's Opposition to Plaintiff's Motion to Strike Pursuant to Fed. R. Civ. P. 37(C), filed by Defendant Thomas Schaible. (Public Entry to #220 Restricted Level 1) Text Only Entry (angar, )
June 1, 2021 Opinion or Order Filing 221 MOTION for Hearing/Conference re #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)
June 1, 2021 Opinion or Order Filing 220 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Exhibit A)(DiGeronimo, Kate)
May 26, 2021 Opinion or Order Filing 219 LETTER re: #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)
May 26, 2021 Opinion or Order Filing 218 STIPULATION by Defendant Thomas Schaible. (Temkin, Barry)
May 25, 2021 Opinion or Order Filing 217 TRANSCRIPT of Status Conference held on May 20, 2021 before Judge Martinez. Pages: 1-34.
< NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

< Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
May 20, 2021 Opinion or Order Filing 216 COURTROOM MINUTES for Status Conference held before Judge William J. Martinez on 5/20/2021. A 5-day jury trial is set to commence at 8:30 a.m. on Tuesday, May 31, 2022 through Monday, June 6, 2022 in Courtroom A801 before JudgeWilliam J. Martinez. A Final Trial Preparation Conference is set for Friday, May 13, 2022 at 2:00 p.m. in Courtroom A801 before Judge William J. Martinez. Court Reporter: Mary George. (afran)
May 17, 2021 Opinion or Order Filing 215 NOTICE of Entry of Appearance by Hilary Dawn Wells on behalf of Thomas SchaibleAttorney Hilary Dawn Wells added to party Thomas Schaible(pty:dft) (Wells, Hilary)
May 17, 2021 Opinion or Order Filing 214 NOTICE of Entry of Appearance by Barry R. Temkin on behalf of Thomas Schaible (Temkin, Barry)
May 10, 2021 Opinion or Order Filing 213 MOTION to Strike Defendant Thomas Schaibles Improperly Disclosed Witnesses by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 5, 2021 Opinion or Order Filing 212 NOTICE of Entry of Appearance of Lidiana Rios by Lidiana Rios on behalf of Schaible, Russo & Company, C.P.A.'s, L.L.P. (Rios, Lidiana)
April 28, 2021 Opinion or Order Filing 211 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Lidiana Rios under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy)
April 15, 2021 Opinion or Order Filing 210 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Barry R. Temkin was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
April 13, 2021 Opinion or Order Filing 209 ORDER: This matter is before the Court on the parties' conference call to Chambers on April 12, 2021, requesting a Status Conference to address why a jury trial in excess of five days is needed in this case, pursuant to WJM Revised Practice Standards IV.A.3. A Status Conference is hereby SET for May 20, 2021 at 10:00 a.m., in person, in Courtroom A801. Everyone appearing in person for this hearing must abide by the rules stated in General Order 2020-10 to gain entrance to the building. For public audio access to the hearing, please call 877-336-1828 and enter access code 9449909#. It is FURTHER ORDERED that out of state counsel are granted leave to appear at the Status Conference telephonically. If only one out of state counsel will appear telephonically, he/she must contact Chambers at (303) 335-2805 prior to the Status Conference to provide a land line telephone number to be used for this purpose. Chambers will initiate the call to that one out of state counsel at the time of the Status Conference. If more than one out of state counsel will be appearing telephonically, those counsel shall coordinate a conference call amongst themselves and contact Chambers at (303) 335-2805 with all parties on the line, at least 10 minutes prior to the start of the Status Conference. The Final Trial Preparation Conference and Jury Trial will be scheduled at this time. SO ORDERED by Judge William J. Martinez on 4/13/2021. Text Only Entry (wjmsec, )
April 9, 2021 Opinion or Order Filing 208 FINAL PRETRIAL ORDER entered by Magistrate Judge Nina Y. Wang on 4/9/2021. (bwilk, )
April 9, 2021 Opinion or Order Filing 207 COURTROOM MINUTES/MINUTE ORDER for Final Pretrial Conference held on 4/9/2021 before Magistrate Judge Nina Y. Wang. Any motion to strike arising from the Final Pretrial Order related to discovery shall be filed on or before May 10, 2021. FTR: NYW-FTR. (bwilk, )
April 2, 2021 Opinion or Order Filing 206 Proposed Pretrial Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit)(Curtis, Cory)
March 22, 2021 Opinion or Order Filing 205 ORDER Denying Plaintiff's #174 Motion to Modify the Scheduling Order and Leave to File a Second Amended Complaint, by Judge William J. Martinez on 3/22/2021.(angar, )
March 10, 2021 Opinion or Order Filing 204 MINUTE ORDER: Due to an unavoidable scheduling conflict, the Final Pretrial Conference set for 3/31/2021 by this court's 192 Minute Order is hereby RE-SET for 4/9/2021 at 10:00 AM before Magistrate Judge Nina Y. Wang. The Final Pretrial Conference will be conducted telephonically. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976# at the designated time. A Final Proposed Pretrial Order is due by 4/2/2021. By Magistrate Judge Nina Y. Wang on 3/10/2021. Text Only Entry (nywlc1, )
January 5, 2021 Opinion or Order Filing 203 REPLY to Response to 181 MOTION to Exclude filed by Defendant Thomas Schaible. (Temkin, Barry)
December 29, 2020 Opinion or Order Filing 202 Exhibits in Support of #200 Order on Motion for Leave to Restrict,, Redacted Version of Exhibit C to Defendant Thomas Schaibles Opposition to Plaintiffs Motion to Modify the Scheduling Order and For Leave to File a Second Amended Complaint with a Claim for Exemplary Damages [#184] Pursuant to December 24, 2020 Minute Order [#200] by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 24, 2020 Opinion or Order Filing 201 Exhibit B to the Declaration of Kate DiGeronimo (Redacted Version of [#185]) by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Filed pursuant to ECF #200 ) (cmadr, )
December 24, 2020 Opinion or Order Filing 200 Minute ORDER by Magistrate Judge Nina Y. Wang on 24 December 2020. Therefore, IT IS ORDERED that: (1) Defendant Thomas Schaible's Motion to Restrict #195 is GRANTED IN PART and DENIED IN PART;(2) The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#185, #185-1, #185-2]; (3) The Clerk of the Court is DIRECTED to docket [#195-1] as Exhibit B to the Declaration of Kate DiGeronimo (Redacted Version of [#185]); and (4) On or before December 31, 2020, Mr. Schaible shall file a redacted version of Exhibit C [#185-1], and identify it as such in the associated docket entry, consistent with this Minute Order.(cmadr, )
December 23, 2020 Opinion or Order Filing 199 REPLY to Response to #174 MOTION to Amend/Correct/Modify SCHEDULING ORDER AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH A CLAIM FOR EXEMPLARY DAMAGES AGAINST DEFENDANTS filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 22, 2020 Opinion or Order Filing 198 RESPONSE to 181 MOTION to Exclude Testimony of Plaintiff's Expert Witness William Fender filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
December 21, 2020 Opinion or Order Filing 197 Minute ORDER by Magistrate Judge Nina Y. Wang on 21 December 2020. IT IS ORDERED that: (1) Defendant Thomas Schaibles Motion to Restrict [#191] is GRANTED; (2) The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#177-2, #177-3, #177-4, #178-3, #178-5]; and (3) The Clerk of the Court is DIRECTED to UNRESTRICT [#177, #177-1, #178, #178-1, #178-2, #178-4, #178-6].(cmadr, )
December 18, 2020 Opinion or Order Filing 196 MEMORANDUM regarding #195 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/18/2020. Text Only Entry (wjmsec, )
December 18, 2020 Opinion or Order Filing 195 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)
December 16, 2020 Opinion or Order Filing 194 JOINDER re #184 Brief in Opposition to Motion, by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
December 16, 2020 Opinion or Order Filing 193 MEMORANDUM regarding #191 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/16/2020. Text Only Entry (wjmsec, )
December 16, 2020 Opinion or Order Filing 192 MINUTE ORDER: This action is before this Magistrate Judge sua sponte. In reviewing the proposed Revised Final Pretrial Order and noting that Plaintiff's Motion to Modify the Scheduling Order and for Leave to File a Second Amended Complaint with a Claim for Exemplary Damages Against Defendants #174 is still pending before the presiding judge, the Honorable William J. Martinez, this court notes that the resolution of the Motion for Leave may materially impact the Final Pretrial Order. Accordingly, IT IS ORDERED that the Final Pretrial Conference currently set for today, December 16, 2020 at 2:00 PM is hereby VACATED and RE-SET to March 31, 2021 at 10:00 AM. In preparing an updated Final Pretrial Order due no later than seven days prior to the Final Pretrial Conference, the Parties shall make a good faith effort to identify and reflect undisputed facts. By Magistrate Judge Nina Y. Wang on 12/16/2020. Text Only Entry (nywlc1, )
December 16, 2020 Opinion or Order Motion(s) No Longer Referred: #174 MOTION to Amend/Correct/Modify SCHEDULING ORDER AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH A CLAIM FOR EXEMPLARY DAMAGES AGAINST DEFENDANTS by Judge William J. Martinez on 12/16/2020. Text Only Entry (wjmsec, )
December 15, 2020 Opinion or Order Filing 191 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 15, 2020 Opinion or Order Filing 190 ORDER granting #182 Motion for Extension of Time to File. Proposed Pretrial Order due by 12/10/2020. By Magistrate Judge Nina Y. Wang on 12/15/2020. Text Only Entry(nywlc1, )
December 14, 2020 Opinion or Order Filing 189 Defendant Thomas Schaible's Second Amended Answer to the #33 First Amended Complaint, by Defendant Thomas Schaible. refiled pursuant to #188 Order (angar, )
December 14, 2020 Opinion or Order Filing 188 ORDER Adopting November 20, 2020 #175 Recommendation of United States Magistrate Judge. Defendant Thomas Schaible's Motion for Leave to File Second Amended Answer to Assert Additional Affirmative Defenses (ECF No. #117 ) is GRANTED, by Judge William J. Martinez on 12/14/2020.(angar, )
December 14, 2020 Opinion or Order Filing 187 Proposed Pretrial Order Revising Docket #183 by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 14, 2020 Opinion or Order Filing 186 MEMORANDUM regarding #182 Unopposed MOTION for Extension of Time to File Proposed Pretrial Order filed by Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/14/2020. Text Only Entry (wjmsec, )
December 10, 2020 Opinion or Order Filing 185 RESTRICTED DOCUMENT - Level 1 - Exhibits to #184 : by Defendant Thomas Schaible.. (Attachments: #1 Exhibit C, #2 Exhibit D)(Temkin, Barry) Modified on 12/11/2020 to add title (angar, ).
December 10, 2020 Opinion or Order Filing 184 BRIEF in Opposition to #174 MOTION to Amend/Correct/Modify SCHEDULING ORDER AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH A CLAIM FOR EXEMPLARY DAMAGES AGAINST DEFENDANTS filed by Defendant Thomas Schaible. (Attachments: #1 Affidavit Kate E. DiGeronimo, #2 Exhibit A)(Temkin, Barry)
December 10, 2020 Opinion or Order Filing 183 Proposed Pretrial Order by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
December 9, 2020 Opinion or Order Filing 182 Unopposed MOTION for Extension of Time to File Proposed Pretrial Order by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
December 1, 2020 Opinion or Order Filing 181 Defendant Thomas Schaible's Motion to Exclude Testimony of Plaintiff's Expert Witness William Fender, by Defendant Thomas Schaible. (Public Entry to #178 Restricted Level 1 Document - Text Only Entry) (angar, )
December 1, 2020 Opinion or Order Filing 180 Defendant Thomas Schaible's Reply Memorandum in further Support of 149 Motion for Summary Judgment, filed by Defendant Thomas Schaible. (Public Entry to #177 Restricted Level 1 Document - Text Only Entry) (angar, )
December 1, 2020 Opinion or Order Filing 179 REPLY to Response to 147 MOTION for Summary Judgment filed by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit A Schaible Depo Testimony, #2 Exhibit B Fender Depo Testimony)(Haynes, Mark)
December 1, 2020 Opinion or Order Filing 178 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Affidavit Kate Elizabeth DiGeronimo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Temkin, Barry)
December 1, 2020 Opinion or Order Filing 177 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Affidavit Kate Elizabeth DiGeronimo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Temkin, Barry)
November 24, 2020 Opinion or Order Filing 176 MEMORANDUM regarding #174 MOTION to Amend/Correct/Modify SCHEDULING ORDER AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH A CLAIM FOR EXEMPLARY DAMAGES AGAINST DEFENDANTS filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 11/24/2020. Text Only Entry (wjmsec, )
November 20, 2020 Opinion or Order Filing 175 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 11/20/20 re #117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint filed by Thomas Schaible. This court respectfully RECOMMENDS that: (1) Defendant Thomas Schaibles Motion for Leave to File Second Amended Answer to Assert Additional Affirmative Defenses [#117] be GRANTED; and (2) The Clerk of the Court be DIRECTED to ACCEPT the tendered Second Amended Answer [#117-2]. (nmarb, )
November 20, 2020 Opinion or Order Filing 174 MOTION to Amend/Correct/Modify SCHEDULING ORDER AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH A CLAIM FOR EXEMPLARY DAMAGES AGAINST DEFENDANTS by Plaintiff Dianna Christine Murphy. (Attachments: #1 Ex. 1, #2 Ex. 2)(Curtis, Cory)
November 20, 2020 Opinion or Order Filing 173 ORDER by Magistrate Judge Nina Y. Wang on 11/20/2020. Plaintiff's Motion to Compel Document Production from Defendant Thomas Schaible #101 is GRANTED IN PART and DENIED IN PART; Defendant Schaible is ORDERED to PRODUCE withheld and redacted documents consistent with this Order no later than 11/30/2020; Plaintiff's Motion to Quash Defendant Thomas Schaible's Notice of Subpoena to Dr. Charles Chad L. Page, Ph.D. #138 is DENIED; Discovery is RE-OPENED for the limited purpose of allowing for the return of Defendant Schaible's subpoena to Dr. Page no later than 11/30/2020; To the extent that Dr. Page informs any Party that he requires an executed release from Plaintiff Dianna Murphy, Plaintiff shall EXECUTE such release no later than 11/27/2020; and Each party shall bears its own costs and fees associated with these Motions. (bwilk, )
November 13, 2020 Opinion or Order Filing 172 COURTROOM MINUTES/MINUTE ORDER for Discovery Hearing held on 11/13/2020 before Magistrate Judge Nina Y. Wang. The court compels Plaintiffs disclosures to Request for Production No.s 12, 13, and 19, on or before December 4, 2020. Plaintiffs Motion to Quash Defendant Thomas Schaibles Notice of Subpoena to Dr. Charles Chad L. Page, Ph.D. #138 is TAKEN UNDER ADVISEMENT. The court anticipates issuing a ruling in the next week. Defendants Motion for a 60-Day Extension of Pretrial Conference #155 is DENIED. The Final Pretrial Conference remains set for December 16, 2020. FTR: NYW-FTR. (bwilk, )
November 13, 2020 Opinion or Order Filing 171 NOTICE of Withdrawal of SRC's Post-Deposition Demands Directed to Plaintiff by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P. (Haynes, Mark)
November 13, 2020 Opinion or Order Filing 170 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/13/2020. Plaintiffs Motion to Compel Document Production from Defendant Thomas Schaible (Plaintiffs Motion to Compel) [#101 ] is pending before the court. To facilitate the adjudication of the Plaintiffs Motion to Compel, Defendant Schaible is ORDERED to TENDER all withheld communications between Thomas and Michael Schaible as reflected on the privilege log [#101-1] for in camera review no later than November 18, 2020. Such documents may be sent directly to Wang_Chambers@cod.uscourts.gov and should be appropriately labeled to alert the court of the nature of the submission. Text Only Entry (bwilk, )
November 12, 2020 Opinion or Order Filing 168 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/12/20 GRANTING #153 Motion for Leave to Restrict. (nmarb, )
November 12, 2020 Opinion or Order Filing 167 RESTRICTED DOCUMENT - Level 1 - Exhibits to #166 : by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35)(Curtis, Cory) Modified on 11/16/2020 to add title (angar, ).
November 12, 2020 Opinion or Order Filing 166 RESPONSE to 149 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 12, 2020 Opinion or Order Filing 165 RESTRICTED DOCUMENT - Level 1 - Exhibits to #164 : by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35)(Curtis, Cory) Modified on 11/16/2020 to add title (angar, ).
November 12, 2020 Opinion or Order Filing 164 RESPONSE to 147 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 9, 2020 Opinion or Order Filing 163 RESPONSE to #155 MOTION for Extension of Time to hold Pretrial Conference filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 6, 2020 Opinion or Order Filing 162 ORDER granting the parties' Joint Motion to Extend Deadlines Re: Summary Judgment Briefing Schedule #160 . The parties' Motion is GRANTED for good cause shown. Plaintiff's Responses to Defendant Schaible, Russo & Company, C.P.A.'s ("SRC") and Defendant Thomas Schaibles ("Schaible") Motions for Summary Judgment shall be filed on or before November 12, 2020. Defendants SRC and Schaible's Replies in support of their Motions for Summary Judgment shall be filed on or before December 1, 2020. SO ORDERED by Judge William J. Martinez on 11/6/2020. Text Only Entry(wjmsec, )
November 6, 2020 Opinion or Order Filing 161 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/6/20. This matter is before the court pursuant to the Parties' telephonic request for an informal discovery conference (Discovery Conference). Discovery Hearing set for 11/13/2020 11:00 AM before Magistrate Judge Nina Y. Wang. Counsel shall submit, if appropriate, the chart or joint status report and any written materials to Wang_Chambers@cod.uscourts.gov on or before November 11, 2020 at 5:00 p.m. (nmarb, )
November 6, 2020 Opinion or Order Filing 160 Joint MOTION for Extension of Time to File Response/Reply as to 149 MOTION for Summary Judgment, 147 MOTION for Summary Judgment Briefing Schedule by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 6, 2020 Opinion or Order Filing 159 ORDER denying the parties' Joint Motion to Extend Deadlines Re: Summary Judgment Briefing Schedule #156 . The Joint Motion is DENIED without prejudice to refiling given counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 11/6/2020. Text Only Entry(wjmsec, )
November 5, 2020 Opinion or Order Filing 158 MINUTE ORDER: Plaintiff shall file a Response to the #155 MOTION for Extension of Time to hold Pretrial Conference filed by Thomas Schaible by no later than 11/12/2020. No reply shall be filed absent leave of court. By Magistrate Judge Nina Y. Wang on 11/5/2020. Text Only Entry (nywlc1, )
November 5, 2020 Opinion or Order Filing 157 MEMORANDUM regarding #155 MOTION for Extension of Time to hold Pretrial Conference filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 11/5/2020. Text Only Entry (wjmsec, )
November 5, 2020 Opinion or Order Filing 156 Joint MOTION for Extension of Time to File Response/Reply as to 149 MOTION for Summary Judgment, 147 MOTION for Summary Judgment by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 5, 2020 Opinion or Order Filing 155 MOTION for Extension of Time to hold Pretrial Conference by Defendant Thomas Schaible. (Temkin, Barry)
November 2, 2020 Opinion or Order Filing 154 MEMORANDUM regarding #153 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 11/2/2020. Text Only Entry (wjmsec, )
November 2, 2020 Opinion or Order Filing 153 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(DiGeronimo, Kate)
October 28, 2020 Opinion or Order Filing 152 NOTICE of Entry of Appearance by Lidiana Rios on behalf of Schaible, Russo & Company, C.P.A.'s, L.L.P.Attorney Lidiana Rios added to party Schaible, Russo & Company, C.P.A.'s, L.L.P.(pty:dft) (Rios, Lidiana)
October 28, 2020 Opinion or Order Filing 151 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/28/2020. The Final Pretrial Conference set for December 16, 2020 at 2:00 p.m. will be conducted telephonically. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Text Only Entry (nywlc2, )
October 21, 2020 Opinion or Order Filing 150 ORDER Denying #102 Motion for Leave to Assert a Claim for Exemplary Damages and to File a Second Amended Complaint, by Judge William J. Martinez on 10/21/2020. (angar, )
October 20, 2020 Opinion or Order Filing 149 Defendant Thomas Schaible's MOTION for Summary Judgment, by Defendant Thomas Schaible. (Public Entry to #148 Restricted Level 1 Document) Text Only Entry (angar, )
October 20, 2020 Opinion or Order Filing 148 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Affidavit Kate E. DiGeronimo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Affidavit Thomas Schaible, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Exhibit H, #20 Exhibit I, #21 Exhibit J, #22 Exhibit K, #23 Exhibit L, #24 Exhibit M, #25 Exhibit N, #26 Exhibit O, #27 Affidavit Cynthia King, #28 Exhibit A, #29 Exhibit B, #30 Exhibit C)(Temkin, Barry)
October 19, 2020 Opinion or Order Filing 146 RESPONSE to #138 MOTION to Quash DEFENDANT THOMAS SCHAIBLES NOTICE OF SUBPOENA TO DR. CHARLES CHAD L. PAGE, PH.D. filed by Defendant Thomas Schaible. (Attachments: #1 Affidavit Declaration of Kate DiGeronimo, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(DiGeronimo, Kate)
October 16, 2020 Opinion or Order Filing 147 Schaible, Russo and Company C.P.A.'s L.L.P.'s Motion for Summary Judgment, by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Public Entry to #145 Restricted Level 1) Text Only Entry (angar, )
October 16, 2020 Opinion or Order Filing 145 RESTRICTED DOCUMENT - Level 1: by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Exhibit 1 Decl of Albert Russo, #2 Exhibit 2 Advisory Agreement, #3 Exhibit 3 NJ Bus Entity Info and Records Serv, #4 Exhibit 4 Schaible Dep, #5 Exhibit 5 Advan Client Summary TS000050, #6 Exhibit 6 Resignation Ltr, #7 Exhibit 7 Adv Client Summary TS002000, #8 Exhibit 8 Voya Cash Surrender Docs, #9 Exhibit 9 Fender Dep)(Haynes, Mark)
October 15, 2020 Opinion or Order Filing 144 ORDER granting #142 Motion for Extension of Time to File. Defendant Thomas Schaible shall file his Motion for Summary Judgment by no later than 10/20/2020. IT IS FURTHER ORDERED that #141 Motion for Extension of Time to File is denied as moot. By Magistrate Judge Nina Y. Wang on 10/15/2020. Text Only Entry(nywlc1, )
October 15, 2020 Opinion or Order Filing 143 MEMORANDUM regarding #141 Unopposed MOTION for Extension of Time to file Dispositive Motions filed by Thomas Schaible, #142 Amended MOTION for Extension of Time to file Dispositive Motions filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 10/15/2020. Text Only Entry (wjmsec, )
October 15, 2020 Opinion or Order Filing 142 Amended MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)
October 15, 2020 Opinion or Order Filing 141 Unopposed MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)
October 6, 2020 Opinion or Order Filing 140 MINUTE ORDER re: #138 MOTION to Quash DEFENDANT THOMAS SCHAIBLES NOTICE OF SUBPOENA TO DR. CHARLES CHAD L. PAGE, PH.D. filed by Dianna Christine Murphy. Defendant Thomas Schaible shall respond to the #138 Motion to Quash by no later than 10/19/2020. No reply shall be filed absent leave of court. By Magistrate Judge Nina Y. Wang on 10/6/2020. Text Only Entry (nywlc1, )
October 6, 2020 Opinion or Order Filing 139 MEMORANDUM regarding #138 MOTION to Quash DEFENDANT THOMAS SCHAIBLES NOTICE OF SUBPOENA TO DR. CHARLES CHAD L. PAGE, PH.D. filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 10/6/2020. Text Only Entry (wjmsec, )
October 5, 2020 Opinion or Order Filing 138 MOTION to Quash DEFENDANT THOMAS SCHAIBLES NOTICE OF SUBPOENA TO DR. CHARLES CHAD L. PAGE, PH.D. by Plaintiff Dianna Christine Murphy. (Attachments: #1 Ex. 1, #2 Ex. 2)(Curtis, Cory)
October 5, 2020 Opinion or Order Filing 137 BRIEF in Support of #117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint filed by Defendant Thomas Schaible. (DiGeronimo, Kate)
October 5, 2020 Opinion or Order Filing 136 REPLY to Response to #117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1)(DiGeronimo, Kate)
September 22, 2020 Opinion or Order Filing 135 NOTICE re #124 Order on Motion for Leave to Restrict,, Plaintiff's Notice of Submission of Redacted Documents by Plaintiff Dianna Christine Murphy (Attachments: #1 Exhibit 4 [Dkt. 103-2] redacted, #2 Exhibit 10 [Dkt 103-8] redacted, #3 Exhibit 12 [Dkt. 103-10] redacted)(Curtis, Cory)
September 21, 2020 Opinion or Order Filing 134 RESPONSE to #117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
September 18, 2020 Opinion or Order Filing 133 RESTRICTED DOCUMENT - Level 1 - Exhibit to #132 : by Plaintiff Dianna Christine Murphy.. (Curtis, Cory) Modified on 9/21/2020 to add title (angar, ).
September 18, 2020 Opinion or Order Filing 132 REPLY to Response to #101 MOTION to Compel Document Production from Defendant Thomas Schaible filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
September 18, 2020 Opinion or Order Filing 131 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 9/18/20 GRANTING #126 Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#118]; [#118-1]; [#118-2]; [#118-3]; [#118-4]; and [#118-5].(nmarb, )
September 14, 2020 Opinion or Order Filing 130 ORDER granting #125 Motion for Leave to Depose Plaintiff's Expert After September 5, 2020 Close of Discovery by Magistrate Judge Nina Y. Wang on 9/14/2020. Text Only Entry(nywlc1, )
September 14, 2020 Opinion or Order Filing 129 MEMORANDUM regarding #126 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 9/14/2020. Text Only Entry (wjmsec, )
September 14, 2020 Opinion or Order Filing 128 MEMORANDUM regarding #125 Unopposed MOTION for Discovery to depose Plaintiff's Expert after September 15, 2020 close of discovery filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 9/14/2020. Text Only Entry (wjmsec, )
September 14, 2020 Opinion or Order Filing 127 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 9/14/20 GRANTING #122 Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#111]; [#111-1]; and [#111-2]. (nmarb, )
September 14, 2020 Opinion or Order Filing 126 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
September 14, 2020 Opinion or Order Filing 125 Unopposed MOTION for Discovery to depose Plaintiff's Expert after September 15, 2020 close of discovery by Defendant Thomas Schaible. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(DiGeronimo, Kate)
September 9, 2020 Opinion or Order Filing 124 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 9/9/2 GRANTING in part and DENYING in part #114 Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to UNRESTRICT [#103; #103-1; #103-3; #103-4; #103-5; #103-6; #103-7; #103-9; #103-11]; the Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#103-2; #103-8; #103-10]; and on or before September 22, 2020, Plaintiff shall file a redacted version of her Exhibits 4 and 10 [#103-2; #103-8] and Exhibit 12 [#103-10], consistent with this Minute Order.(nmarb, )
September 8, 2020 Opinion or Order Filing 123 MEMORANDUM regarding #122 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 9/8/2020. Text Only Entry (wjmsec, )
September 8, 2020 Opinion or Order Filing 122 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
September 4, 2020 Opinion or Order Filing 121 RESPONSE to #101 MOTION to Compel Document Production from Defendant Thomas Schaible DiGeronimo Declaration in Opposition filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(DiGeronimo, Kate)
September 4, 2020 Opinion or Order Filing 120 BRIEF in Opposition to #101 MOTION to Compel Document Production from Defendant Thomas Schaible filed by Defendant Thomas Schaible. (DiGeronimo, Kate)
September 1, 2020 Opinion or Order Filing 119 MEMORANDUM regarding #117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 9/1/2020. Text Only Entry (wjmsec, )
August 31, 2020 Opinion or Order Filing 118 RESTRICTED DOCUMENT - Level 1 - Exhibit to #117 Order : by Defendant Thomas Schaible.. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit P, #5 Exhibit Q)(DiGeronimo, Kate) Modified on 9/2/2020 to add title (angar, ).
August 31, 2020 Opinion or Order Filing 117 MOTION to Amend/Correct/Modify #96 Amended Answer to Complaint by Defendant Thomas Schaible. (Attachments: #1 Affidavit Kate E. DiGeronimo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Exhibit N, #12 Exhibit O, #13 Exhibit R)(DiGeronimo, Kate)
August 28, 2020 Opinion or Order Filing 116 MINUTE ORDER re: #107 Telephonic Discovery Conference held on 8/24/2020, by Magistrate Judge Nina Y. Wang on 8/28/2020. (jgonz, )
August 28, 2020 Opinion or Order Filing 115 MEMORANDUM regarding #114 MOTION for Leave to Restrict filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 8/28/2020. Text Only Entry (wjmsec, )
August 28, 2020 Opinion or Order Filing 114 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
August 28, 2020 Opinion or Order Filing 113 REPLY to Response to #102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint (Thomas Schaible) filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Curtis, Cory)
August 28, 2020 Opinion or Order Filing 112 REPLY to Response to #102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint (Schaible, Russo & Co.) filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
August 24, 2020 Opinion or Order Filing 111 RESTRICTED DOCUMENT - Level 1 - Exhibit to #110 : by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Exhibit Exhibit B to DiGeronimo Declaration in Opposition, #2 Exhibit Exhibit C to DiGeronimo Declaration in Opposition)(DiGeronimo, Kate) Modified on 8/25/2020 to add title (angar, ).
August 24, 2020 Opinion or Order Filing 110 RESPONSE to #102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint Declaration of Kate E. DiGeronimo in Opposition filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
August 24, 2020 Opinion or Order Filing 109 RESPONSE to #102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint filed by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
August 24, 2020 Opinion or Order Filing 108 BRIEF in Opposition to #102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
August 24, 2020 Opinion or Order Filing 107 COURTROOM MINUTES/MINUTE ORDER for Discovery Conference held on 8/24/2020 before Magistrate Judge Nina Y. Wang. FTR: NYW-CRD. (bwilk, )
August 17, 2020 Opinion or Order Filing 106 ORDER: This matter is before the Court on Plaintiffs' Motion for Leave to Assert a Claim for Exemplary Damages against Defendants and to File a Second Amended Complaint #102 . Defendants are DIRECTED to file a Response to the Motion on or before August 24, 2020. Plaintiff shall file a Reply in support of her Motion on or before August 28, 2020. SO ORDERED by Judge William J. Martinez on 8/17/2020. Text Only Entry (wjmsec, )
August 17, 2020 Opinion or Order Filing 105 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 8/17/20. This matter is before the court pursuant to the Parties telephonic request for an informal discovery conference (Discovery Conference). Joint Status Report, chart or written materials due by 8/20/2020. Discovery Conference set for 8/24/2020 02:00 PM before Magistrate Judge Nina Y. Wang. (nmarb, )
August 14, 2020 Opinion or Order Filing 104 MEMORANDUM regarding #101 MOTION to Compel Document Production from Defendant Thomas Schaible filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 8/14/2020. Text Only Entry (wjmsec, )
August 14, 2020 Opinion or Order Filing 103 RESTRICTED DOCUMENT - Level 1 - Exhibits to #102 : by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13)(Curtis, Cory) Modified on 8/17/2020 to add title (angar, ).
August 14, 2020 Opinion or Order Filing 102 MOTION for Leave to Assert a Claim for Exemplary Damages Against Defendants and to File a Second Amended Complaint by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
August 14, 2020 Opinion or Order Filing 101 MOTION to Compel Document Production from Defendant Thomas Schaible by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
August 6, 2020 Opinion or Order Filing 100 MINUTE ORDER: Based on the Parties' representations, it is ORDERED that Plaintiff's deposition will proceed on September 4, 2020, in person, by remote means, or a combination thereof. The deadline for discovery REMAINS SET for September 15, 2020. By Magistrate Judge Nina Y. Wang on 8/6/2020. Text Only Entry (nywlc1)
August 6, 2020 Opinion or Order Filing 99 LETTER re: 98 Minute Order,,,,,, by Defendant Thomas Schaible. (DiGeronimo, Kate)
August 5, 2020 Opinion or Order Filing 98 MINUTE ORDER: This matter is before the court based on the contact by the Parties regarding Plaintiffs deposition currently scheduled for August 7, 2020. Based on the representations of counsel, Plaintiff has come into contact with someone who is presumptively positive for COVID-19, and therefore, has been advised to self-quarantine. Defendant wishes to proceed with the deposition as scheduled on August 7, 2020 by fully remote means. Plaintiff indicates that she is not prepared to proceed without her counsels physical presence and is not prepared to proceed remotely. Discovery closes on September 15, 2020, but defense counsel indicates that they have limited availability to conduct the deposition in August or September. To the extent Plaintiff is not prepared to proceed by fully remote means on August 7, 2020, defense counsel will provide their limited days of availability in August and September 2020, and Plaintiff and her counsel may choose one of those dates to proceed either in person or by remote means. If none of the dates defense counsel is available are tenable to Plaintiff and her counsel, the deposition will proceed by fully remote means on August 7, 2020. Given the COVID-19 pandemic and the attendant risks, the preference to proceed in person does not constitute good cause to extend the deadlines for discovery. The Parties shall inform the court of their choice no later than noon on August 6, 2020 so that the court can enter the requisite order. By Magistrate Judge Nina Y. Wang on 8/5/2020. Text Only Entry (nywlc1)
June 1, 2020 Opinion or Order Filing 97 Exhibits in Support of #96 Amended Answer to Complaint by Defendant Thomas Schaible. (Temkin, Barry)
May 29, 2020 Opinion or Order Filing 96 AMENDED ANSWER to #33 Amended Complaint, with Jury Demand by Defendant Thomas Schaible. (Temkin, Barry)
May 22, 2020 Opinion or Order Filing 95 ANSWER to #33 Amended Complaint, by Schaible, Russo & Company, C.P.A.'s, L.L.P..(Haynes, Mark)
May 13, 2020 Opinion or Order Filing 94 ORDER granting #92 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 5/13/2020. Schaible, Russo & Company, C.P.A.'s, L.L.P. shall file its answer on or before 5/22/2020. Text Only Entry(nywlc2, )
May 12, 2020 Opinion or Order Filing 93 MEMORANDUM regarding #92 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 5/12/2020. Text Only Entry (wjmsec, )
May 12, 2020 Opinion or Order Filing 92 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
May 11, 2020 Opinion or Order Filing 91 ORDER: This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Original Complaint #20 . Because the Court has now ruled on Defendants' Motion to Dismiss Plaintiff's Amended Complaint #51 , the Motion to Dismiss Plaintiff's Original Complaint is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) ("Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot."). Accordingly, Defendant's Motion to Dismiss Plaintiff's original Complaint #20 is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 5/11/2020. Text Only Entry (wjmlc3, )
May 11, 2020 Opinion or Order Filing 90 ANSWER to #33 Amended Complaint, by Thomas Schaible.(Temkin, Barry)
May 11, 2020 Opinion or Order Filing 89 NOTICE of Entry of Appearance of Counsel by Mark E. Haynes on behalf of Schaible, Russo & Company, C.P.A.'s, L.L.P.Attorney Mark E. Haynes added to party Schaible, Russo & Company, C.P.A.'s, L.L.P.(pty:dft) (Haynes, Mark)
May 4, 2020 Opinion or Order Filing 88 COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 5/4/2020 before Magistrate Judge Nina Y. Wang. The Motion for Extension of Pre-Trial Scheduling Order #83 is GRANTED. The Final Pretrial Conference is RESET to 12/16/2020, at 2:00 p.m. before Magistrate Judge Nina Y. Wang in Courtroom A-502. The parties shall file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom A-502. (bwilk, )
May 1, 2020 Opinion or Order Filing 87 RESPONSE to #83 MOTION for Extension of Time to Extend Discovery Deadlines filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 1, 2020 Opinion or Order Filing 86 NOTICE re #78 Restricted Document - Level 1, #81 Order on Motion for Leave to Restrict,, Plaintiff's Notice of Filing Redacted Documents by Plaintiff Dianna Christine Murphy (Attachments: #1 Exhibit A - Plaintiff's Redacted Supplemental Brief, #2 Exhibit B - Plaintiff's Redacted Declaration)(Curtis, Cory)
May 1, 2020 Opinion or Order Filing 85 MINUTE ORDER re: #83 MOTION for Extension of Time to Extend Discovery Deadlines by Magistrate Judge Nina Y. Wang on 5/1/2020. A Telephonic Status Conference is set for 5/4/2020 01:30 PM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. Text Only Entry (nywlc2, )
April 30, 2020 Opinion or Order Filing 84 MEMORANDUM regarding #83 MOTION for Extension of Time to Extend Discovery Deadlines filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 4/30/2020. Text Only Entry (wjmsec, )
April 30, 2020 Opinion or Order Filing 83 MOTION for Extension of Time to Extend Discovery Deadlines by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry)
April 28, 2020 Opinion or Order Filing 82 ORDER Granting in Part and Denying in Part Defendant's #51 Motion to Dismiss and Denying Defendants' #22 Motion to Disqualify Counsel for Plaintiff. ORDERED by Judge William J. Martinez on 4/28/2020.(angar, )
April 23, 2020 Opinion or Order Filing 81 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/23/20 GRANTING in part and DENYING in part #79 Plaintiff's Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#78; #78-1; #78-2; #78-3; #78-4; #78-5; #78-6; #78-7; #78-8; #78-9; #78-10; #78-11; #78-12; #78-13]; and on or before 5/1/20, Plaintiff shall file a redacted version of her Supplemental Brief [#78] and Plaintiff's Declaration [#78-1], consistent with this Minute Order.(nmarb, )
April 14, 2020 Opinion or Order Filing 80 MEMORANDUM regarding #79 MOTION for Leave to Restrict filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 4/14/2020. Text Only Entry (wjmsec, )
April 14, 2020 Opinion or Order Filing 79 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
March 31, 2020 Opinion or Order Filing 78 RESTRICTED DOCUMENT - Level 1 - Plaintiff's Supplemental Brief re Court's Order of March 20, 2020 76 : by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Declaration of Dianna C. Murphy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Curtis, Cory) Modified on 4/3/2020 to add title (angar, ).
March 31, 2020 Opinion or Order Filing 77 BRIEF in Support of #51 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(1)(2) & (6) Supplemental Brief in response to the March 20, 2020 Order filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry)
March 20, 2020 Opinion or Order Filing 76 ORDER: This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint #51 . At the outset, the Court notes the marked deficiencies in Plaintiff's Response #68 with respect to subject-matter jurisdiction. This is particularly troubling in light of the fact that the existence of subject-matter jurisdiction is Plaintiff's burden to establish. Port City Props. v. Union Pac. R.R. Co., 518 F.3d 1186, 1189 (10th Cir. 2008). Nevertheless, because the issue is not explicitly addressed by either side, the Court ORDERS the parties to submit supplemental briefing as to whether Plaintiff has Article III standing to bring her breach of fiduciary duty claim, and in particular, what precisely does or does not constitute Plaintiff's injury-in-fact that is fairly traceable to any defendant. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). The Court also notes that the divorce court appears to have awarded the "SSN" account at issue in this case entirely to Plaintiff (something that, bewilderingly, Plaintiff fails to point out), but that the same apparently cannot be said of the "Voya" account at issue (ECF No. 52 at 11). The parties should address whether this distinction makes a material difference in the analysis of Article III injury-in-fact. In addition to anything else the parties may wish to say about this topic or standing generally, the parties shall specifically address the following potential view of standing: Plaintiff's injury-in-fact is that she has lost control of and access to the SSN account, Voya account, or both, causing her to suffer a concrete economic loss; this injury is traceable to the conduct of at least Defendant Thomas Schaible, who allegedly took actions with respect to these accounts favoring one joint client (Plaintiff's then-husband) over another (Plaintiff); and the Court can redress this injury by awarding Plaintiff money damages equal to the value of what she lost. Does such a scenario properly establish Article III standing? The parties' respective supplemental briefs shall be filed no later than March 31, 2020, and shall not exceed 10 pages in length, exclusive of attorney signature block and certificate of service. SO ORDERED by Judge William J. Martinez on 03/20/2020. Text Only Entry (wjmint1, )
February 26, 2020 Opinion or Order Filing 75 ORDER denying #55 Defendants' Motion to Stay Discovery, by Magistrate Judge Nina Y. Wang on 2/26/20.(nmarb, )
February 26, 2020 Opinion or Order Filing 74 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 2/26/20 GRANTING #72 Plaintiff's Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#69-3]; and the Clerk of the Court is DIRECTED to UNRESTRICT [#68]; [#68-1]; [#68-2]; [#68-3]; [#68-4]; [#68-5]; [#69]; [#69-1]; [#69-2]; and [#69-4].(nmarb, )
February 20, 2020 Opinion or Order Filing 73 MEMORANDUM regarding #72 MOTION for Leave to Restrict filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 2/20/2020. Text Only Entry (wjmsec, )
February 19, 2020 Opinion or Order Filing 72 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
February 19, 2020 Opinion or Order Filing 71 REPLY to Response to #51 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(1)(2) & (6) filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry)
February 10, 2020 Opinion or Order Filing 70 REPLY to Response to #55 MOTION to Stay Discovery filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry)
February 5, 2020 Opinion or Order Filing 69 RESTRICTED DOCUMENT - Level 1 - Exhibits to #68 : by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 10)(Curtis, Cory) Modified on 2/6/2020 to add title (angar, ).
February 5, 2020 Opinion or Order Filing 68 RESPONSE to #51 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(1)(2) & (6) filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9)(Curtis, Cory)
February 4, 2020 Opinion or Order Filing 67 RESTRICTED DOCUMENT - Level 1 - Exhibits to #66 ,: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Curtis, Cory) Modified on 2/5/2020 to add title (angar, ).
February 4, 2020 Opinion or Order Filing 66 BRIEF in Opposition to #55 MOTION to Stay Discovery filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
February 3, 2020 Opinion or Order Filing 65 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 2/3/20 GRANTING #63 Defendants' Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#52, #52-1, #52-2, #52-3, #52-4, #52-5, #52-6, #52-7, #52-8, #52-9]. (nmarb, )
January 28, 2020 Opinion or Order Filing 64 MEMORANDUM regarding #63 MOTION for Leave to Restrict filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/28/2020. Text Only Entry (wjmsec, )
January 28, 2020 Opinion or Order Filing 63 MOTION for Leave to Restrict by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
January 24, 2020 Opinion or Order Filing 62 ORDER by Magistrate Judge Nina Y. Wang on 1/24/2020 denying #53 Motion for Leave to Restrict, as the Motion is non-compliant with D.C.COLO.LCivR 7.2. Moreover, consistent with this court's #50 Order on Motion for Leave to Restrict, Defendants must submit a proposed redacted form and state a basis for their redactions. Text Only Entry(nywlc1, )
January 24, 2020 Opinion or Order Filing 61 ORDER granting #56 Motion for Leave to Restrict by Magistrate Judge Nina Y. Wang on 1/24/2020. The court accepts [56-1] and directs that it be docketed separately as the Redacted Version of Plaintiff's Response to Defendants' Motion to Disqualify Baker & Hostetler LLP #34 and the supporting Declaration of Cory M. Curtis [34-1]. Consistent with this TOE, the Clerk of the Court is directed to restrict [34-1] with a Level 1 Restriction. Text Only Entry(nywlc1, )
January 22, 2020 Opinion or Order Filing 60 MINUTE ORDER re: #55 MOTION to Stay Discovery filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. by Magistrate Judge Nina Y. Wang on 1/22/2020. Plaintiff's Response due by 2/4/2020. Defendants' Reply, if any, due by 2/11/2020. Text Only Entry (nywlc1, )
January 22, 2020 Opinion or Order Filing 58 MEMORANDUM regarding #55 MOTION to Stay Discovery filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/22/2020. Text Only Entry (wjmsec, )
January 21, 2020 Opinion or Order Filing 59 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #53 MOTION for Leave to Restrict filed by attorney Kate Elizabeth DiGeronimo.The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (angar, )
January 21, 2020 Opinion or Order Filing 57 MEMORANDUM regarding #56 Unopposed MOTION for Leave to Restrict filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/21/2020. Text Only Entry (wjmsec, )
January 21, 2020 Opinion or Order Filing 56 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
January 21, 2020 Opinion or Order Filing 55 MOTION to Stay Discovery by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Affidavit Barry R. Temkin, #2 Exhibit A, #3 Exhibit B)(Temkin, Barry)
January 21, 2020 Opinion or Order Filing 54 MEMORANDUM regarding #53 MOTION for Leave to Restrict filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/21/2020. Text Only Entry (wjmsec, )
January 21, 2020 Opinion or Order Filing 53 MOTION for Leave to Restrict by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
January 15, 2020 Opinion or Order Filing 52 RESTRICTED DOCUMENT - Level 1 - Exhibits to #51 : by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19)(Temkin, Barry) Modified on 1/17/2020 to add title (angar, ).
January 15, 2020 Opinion or Order Filing 51 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(1)(2) & (6) by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Affidavit Thomas P. Schaible, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 9, #10 Exhibit 10, #11 Affidavit Kate E. DiGeronimo, #12 Exhibit A)(Temkin, Barry)
January 14, 2020 Opinion or Order Filing 50 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 1/14/20 GRANTING in part and DENYING in part #44 Plaintiff's Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#34]; the Clerk of the Court is DIRECTED to UNRESTRICT [#34-1]; and on or before January 20, 2020, Plaintiff shall file a redacted version of her Response [#34], consistent with this Minute Order. (nmarb, )
January 7, 2020 Opinion or Order Filing 49 REPLY to Response to #22 MOTION to Disqualify Counsel for Plaintiff filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Public Entry for #46 Restricted Document, filed 1/7/2020) TEXT ONLY ENTRY (evana, )
January 7, 2020 Opinion or Order Filing 48 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 1/7/20 GRANTING in part and DENYING in part #29 Defendants' Motion for Leave to Restrict. The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for [#21], [#21-3], [#21-4], [#21-5], [#21-6], [#21-7], [#21-8]; [#23-5]; [#23-6]; and [#23-7] and(3) The Clerk of the Court is DIRECTED to UNRESTRICT [#21-1], [#21-2], [#23],[#23-1], [#23-2], [#23-3], [#23-4], and [#23-8].(nmarb, )
January 7, 2020 Opinion or Order Filing 47 LETTER re: #43 Restricted Document - Level 1, #46 Restricted Document - Level 1 by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
January 7, 2020 Opinion or Order Filing 46 RESTRICTED DOCUMENT - Level 1: by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Temkin, Barry)
January 7, 2020 Opinion or Order Filing 45 MEMORANDUM regarding #44 Unopposed MOTION for Leave to Restrict filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/7/2020. Text Only Entry (wjmsec, )
January 6, 2020 Opinion or Order Filing 44 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)
January 6, 2020 Opinion or Order Filing 43 RESTRICTED DOCUMENT - Level 1: by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Affidavit Kate E. DiGeronimo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit Albert Russo, #8 Exhibit 1, #9 Exhibit 2)(DiGeronimo, Kate)
January 2, 2020 Opinion or Order Filing 42 ORDER granting in part and denying in part #38 Motion for Extension of Time to Answer or Otherwise Respond re #33 Amended Complaint, by Magistrate Judge Nina Y. Wang on 1/2/2020. Defendants shall file a responsive pleading on or before 1/15/2020. This court will grant no further extensions absent extraordinary circumstances. Text Only Entry(nywlc1, )
January 2, 2020 Opinion or Order Filing 41 ORDER by Magistrate Judge Nina Y. Wang on 1/2/2020 denying for lack of good cause Defendants' #37 Motion for Extension of Time to File Response/Reply. Moreover, Defendants offer no explanation as to why lead counsel, upon his return from vacation on 1/2/2020, cannot file a Reply by 1/6/2020. Text Only Entry(nywlc1, )
December 31, 2019 Opinion or Order Filing 40 MEMORANDUM regarding #37 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Disqualify Counsel for Plaintiff filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P., #38 MOTION for Extension of Time to File Answer or Otherwise Respond re #33 Amended Complaint, filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/31/2019. Text Only Entry (wjmlc1)
December 30, 2019 Opinion or Order Filing 39 RESPONSE to #37 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Disqualify Counsel for Plaintiff filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 30, 2019 Opinion or Order Filing 38 MOTION for Extension of Time to File Answer or Otherwise Respond re #33 Amended Complaint, by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
December 30, 2019 Opinion or Order Filing 37 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Disqualify Counsel for Plaintiff by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
December 23, 2019 Opinion or Order Filing 36 Plaintiff's Response to Defendants' #22 Motion to Disqualify Baker & Hostetler LLP, filed by Plaintiff Dianna Christine Murphy. (Public Entry to #34 Restricted Document) Text Only Entry (angar, )
December 23, 2019 Opinion or Order Filing 35 RESPONSE to #20 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 23, 2019 Opinion or Order Filing 34 RESTRICTED DOCUMENT - Level 1: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Declaration of Cory M. Curtis)(Curtis, Cory)
December 23, 2019 Opinion or Order Filing 33 AMENDED COMPLAINT against Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P., filed by Dianna Christine Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Comparison/Redline of Complaints)(Curtis, Cory)
December 23, 2019 Opinion or Order Filing 32 RESPONSE to #29 MOTION for Leave to Restrict filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 18, 2019 Opinion or Order Filing 31 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 12/18/2019 re: #29 MOTION for Leave to Restrict filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. Plaintiff shall file a Response, if any, to the Motion for Leave to Restrict by no later than 12/23/2019. Text Only Entry (nywlc1, )
December 18, 2019 Opinion or Order Filing 30 MEMORANDUM regarding #29 MOTION for Leave to Restrict filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/18/2019. Text Only Entry (wjmsec, )
December 16, 2019 Opinion or Order Filing 29 MOTION for Leave to Restrict by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (DiGeronimo, Kate)
December 16, 2019 Opinion or Order Filing 28 STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 12/16/19. (nmarb, )
December 13, 2019 Opinion or Order Filing 27 MEMORANDUM regarding #26 Joint MOTION for Protective Order filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/13/2019. Text Only Entry (wjmsec, )
December 13, 2019 Opinion or Order Filing 26 Joint MOTION for Protective Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)
December 3, 2019 Opinion or Order Filing 25 SCHEDULING ORDER by Magistrate Judge Nina Y. Wang on 12/3/19. (nmarb, )
December 3, 2019 Opinion or Order Filing 24 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 12/3/2019 before Magistrate Judge Nina Y. Wang. The documents identified in the Initial Disclosures shall be produced on or before 12/18/2019. Parties shall submit a proposed Protective Order on or before 12/13/2019. Discovery due by 7/17/2020. Dispositive Motions due by 8/17/2020. A Final Pretrial Conference is set for 10/14/2020 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom A-502. (bwilk, )
December 2, 2019 Opinion or Order Filing 23 RESTRICTED DOCUMENT - Level 1 - Exhibit B to #22 : by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J)(Temkin, Barry) Modified on 12/5/2019to add title (angar, ).
December 2, 2019 Opinion or Order Filing 22 MOTION to Disqualify Counsel for Plaintiff by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Affidavit Albert Russo, #2 Exhibit A)(Temkin, Barry)
December 2, 2019 Opinion or Order Filing 21 RESTRICTED DOCUMENT - Level 1 - Exhibit H to #20 : by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P... (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P)(Temkin, Barry) Modified on 12/5/2019 to add title (angar, ).
December 2, 2019 Opinion or Order Filing 20 MOTION to Dismiss Plaintiff's Complaint by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Affidavit Thomas P. Schaible, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Temkin, Barry) Modified on to terminate motion per 91 order 6/24/2020 (angar, ).
November 26, 2019 Opinion or Order Filing 19 Proposed Scheduling Order by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 26, 2019 Opinion or Order Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dianna Christine Murphy All parties do not consent.. (Curtis, Cory)
November 25, 2019 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 11/25/2019. Defendants' Answer due 12/6/2019. Text Only Entry(nywlc1, )
November 25, 2019 Opinion or Order Filing 16 MEMORANDUM regarding #15 Second MOTION for Extension of Time to respond to the complaint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 11/25/2019. Text Only Entry (wjmsec, )
November 22, 2019 Opinion or Order Filing 15 Second MOTION for Extension of Time to respond to the complaint, MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry)
November 13, 2019 Opinion or Order Filing 14 ORDER by Magistrate Judge Nina Y. Wang on 11/13/2019 construing #13 Letter re: permission to attend Scheduling Conference remotely as a Motion to do the same. The Motion is GRANTED and Defense counsel may appear for the 12/3/2019 Scheduling Conference telephonically. Text Only Entry(nywlc1, )
November 6, 2019 Opinion or Order Filing 13 LETTER re: permission to attend Scheduling Conference remotely by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Temkin, Barry) Modified on 11/13/2019 to add a gavel pursuant to direction from the Chambers of Magistrate Judge Wang. (nmarb, ).
October 30, 2019 Opinion or Order Filing 12 ORDER construing #10 Motion for Extension of Time to Answer or Otherwise Respond as the Parties' one stipulation for an extension of time pursuant to D.C.COLO.LCivR 6.1(a), by Magistrate Judge Nina Y. Wang on 10/30/2019. Accordingly, Defendant's answer or response to the Complaint is due 12/2/2019. Text Only Entry(nywlc1, )
October 28, 2019 Opinion or Order Filing 11 MEMORANDUM regarding #10 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 10/28/2019. Text Only Entry (wjmsec, )
October 25, 2019 Opinion or Order Filing 10 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Temkin, Barry)
October 24, 2019 Opinion or Order Filing 9 SUMMONS Returned Executed by Dianna Christine Murphy. All Defendants. (Attachments: #1 Exhibit A)(Curtis, Cory)
October 22, 2019 Opinion or Order Filing 8 ORDER by Magistrate Judge Nina Y. Wang on 10/22/19 Setting Rule 16(b) Scheduling Conference. Proposed Scheduling Order due by 11/26/2019. Scheduling Conference set for 12/3/2019 02:30 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
October 17, 2019 Opinion or Order Filing 7 NOTICE of Entry of Appearance by Marc David Flink on behalf of Dianna Christine MurphyAttorney Marc David Flink added to party Dianna Christine Murphy(pty:pla) (Flink, Marc)
October 11, 2019 Opinion or Order Filing 6 NOTICE of Entry of Appearance by Kate Elizabeth DiGeronimo on behalf of Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.Attorney Kate Elizabeth DiGeronimo added to party Thomas Schaible(pty:dft), Attorney Kate Elizabeth DiGeronimo added to party Schaible, Russo & Company, C.P.A.'s, L.L.P.(pty:dft) (DiGeronimo, Kate)
October 9, 2019 Opinion or Order Filing 5 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /9/2019. Text Only Entry (wjmsec, )
October 9, 2019 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/9/2019. Text Only Entry (wjmsec, )
October 3, 2019 Opinion or Order Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )
October 1, 2019 Opinion or Order Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cmadr, )
October 1, 2019 Opinion or Order Filing 1 COMPLAINT against Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. (Filing fee $ 400,Receipt Number 1082-6923917)Attorney Cory Murray Curtis added to party Dianna Christine Murphy(pty:pla), filed by Dianna Christine Murphy. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Curtis, Cory)

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Search for this case: Murphy v. Schaible, Russo & Company, C.P.A.'s, L.L.P. et al
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Defendant: Schaible, Russo & Company, C.P.A.'s, L.L.P.
Represented By: Kate Elizabeth DiGeronimo
Represented By: Barry R. Temkin
Represented By: Mark E. Haynes
Represented By: Lidiana Rios
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Defendant: Thomas Schaible
Represented By: Kate Elizabeth DiGeronimo
Represented By: Barry R. Temkin
Represented By: Hilary Dawn Wells
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Plaintiff: Dianna Christine Murphy
Represented By: Cory Murray Curtis
Represented By: Marc David Flink
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