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:	Michael E Hegarty
Referring Judge:	William J Martinez
2 Judge:	Nina Y Wang
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty
Jury Demanded By:	Both

Date Filed	Document Text
August 31, 2023	Filing 400 CERTIFICATE of Service by Mail by Clerk of Court re Original #397 Appeal Bond and Power of Attorney to Kendra N. Beckwith and Hilary Dawn Wells at Lewis Roca Rothgerber Christie LLP 1601 19th Street Suite 1000 Denver, CO 80202. Text Only Entry. (trvo, )
August 30, 2023	Filing 399 NOTICE BY Clerk re #396 Order. Per the Order referencing "all enforcement and execution of this Court's June 28, 2023 Judgment (ECF No. 374) is stayed pending the resolution of all appellate proceedings in this matter", the proposed Bill of Costs is STAYED. The hearing set for September 28, 2023 at 9:30 a.m. is VACATED. Please re-file Proposed Bill of Costs pending relief from the stay. (ashee)
August 16, 2023	Filing 398 REPLY to Response to #380 MOTION for Attorney Fees and Costs filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
August 15, 2023	Filing 397 APPEAL BOND by Defendant Thomas Schaible. Approved pursuant to #396 Order. (Attachments: #1 Receipt No. 107912 in the amount of $49.00 for POA filed in 23-mc-00075)(trvo, )
August 15, 2023	Filing 396 ORDER. The Court has reviewed Defendant Thomas Schaible's Unopposed Motion to Stay Enforcement of Judgment Pursuant to Fed. R. Civ. P. 62 and for Approval of Supersedeas Bond ("Motion") #394 . Good cause having been shown, the Court GRANTS the Motion. The proposed supersedeas bond filed therewith is APPROVED and any and all enforcement and execution of this Court's June 28, 2023 Judgment #374 is stayed pending the resolution of all appellate proceedings in this matter. SO ORDERED by Judge William J. Martinez on 8/15/2023. (Attachments: #1 Exhibit) (trvo, )
August 15, 2023	Filing 395 Proposed Bill of Costs by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
August 14, 2023	Filing 394 Proposed Appeal Bond and Unopposed Motion to Stay by Defendant Thomas Schaible. (Attachments: #1 Exhibit Proposed Bond, #2 Proposed Order (PDF Only) Proposed Order)(Beckwith, Kendra)
August 14, 2023	Filing 393 LETTER TO USCA and all counsel certifying the record is complete as to #377 Amended Notice of Appeal filed by Thomas Schaible, #350 Notice of Appeal filed by Thomas Schaible. All transcripts ordered are now on file as of 7/28/2023. (Appeal No. 22-1421) (Text Only Entry) (trvo, )
August 4, 2023	Filing 392 ORDER granting #388 Motion for Extension of Time to File Responses to Plaintiff's Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b), for good cause shown and in the interest of justice. The Court hereby extends the deadline for Mr. Schaible to respond to Plaintiffs Rule 69 Interrogatories until it rules on the Motion to Stay Enforcement of Judgment Pursuant to Fed. R. Civ. P. 62(b) and for Approval of Supersedeas Bond. Specifically, (1) if the Court approves the Motion to Stay Enforcement, Mr. Schaible is excused from responding to the discovery appended as Exhibit A; (2) if the Court denies the Motion to stay Enforcement, the response deadline shall be 21 days after the issuance of the Order. Entered by Magistrate Judge Michael E. Hegarty on 8/4/23. Text Only Entry(mehlc4, )
August 3, 2023	Filing 391 CERTIFICATE of Mailing/Service re #388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) by Defendant Thomas Schaible. (Wells, Hilary)
August 2, 2023	Filing 390 BRIEF in Opposition to #380 MOTION for Attorney Fees and Costs Defendant Thomas Schaibles Response in Opposition to Plaintiffs Motion for an Award of Attorneys Fees and Costs filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 7, #2 Exhibit 17, #3 Exhibit 85)(Wells, Hilary)
August 1, 2023	Filing 389 MEMORANDUM regarding #388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) filed by Thomas Schaible. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 8/1/2023. Text Only Entry (wjmsec, )
July 31, 2023	Filing 388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) by Defendant Thomas Schaible. (Attachments: #1 Exhibit A)(Wells, Hilary)
July 28, 2023	Filing 387 TRANSCRIPT of Jury Trial, Day 6 held on June 7, 2022 before Judge Martinez. Pages: 865-872. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 386 TRANSCRIPT of Jury Trial, Day 5 held on June 6, 2022 before Judge Martinez. Pages: 731-864. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 385 TRANSCRIPT of Jury Trial, Day 4 held on June 3, 2022 before Judge Martinez. Pages: 498-730. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 384 TRANSCRIPT of Jury Trial, Day 3 held on June 2, 2023 before Judge Martinez. Pages: 395-497. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 383 TRANSCRIPT of Jury Trial, Day 2 held on June 1, 2023 before Judge Martinez. Pages: 152-394. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 382 TRANSCRIPT of Jury Trial, Day 1 held on May 31, 2023 before Judge Martinez. Pages: 1-151. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )
July 28, 2023	Filing 381 VOIR DIRE TRANSCRIPT of proceedings held on May 31, 2023 before Judge Martinez. Pages: 1-111. (mgeor, )
July 12, 2023	Filing 380 MOTION for Attorney Fees and Costs by Plaintiff Dianna Christine Murphy. (Attachments: #1 Affidavit Affidavit of Cory M. Curtis ISO Motion for Attorney's Fees and Costs)(Curtis, Cory)
July 12, 2023	Filing 379 Proposed Bill of Costs by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
July 7, 2023	Filing 378 LETTER Transmitting to U.S. Court of Appeals for the Tenth Circuit Supplemental Preliminary Record as to #377 Amended Notice of Appeal, #350 Notice of Appeal filed by Thomas Schaible. (USCA Case No. 22-1421) (Attachments: #1 Supplemental Docket Sheet, #2 Supplemental Preliminary Record)(trvo, )
July 6, 2023	Filing 377 AMENDED NOTICE OF APPEAL as to #373 Order on Post-Trial Motions, #374 Judgment by Defendant Thomas Schaible (Beckwith, Kendra) Modified on 7/7/2023 to correct text (trvo, ).
July 5, 2023	Filing 376 LETTER Transmitting to U.S. Court of Appeals for the Tenth Circuit Supplemental Preliminary Record as to #350 Notice of Appeal filed by Thomas Schaible. (USCA Case No. 22-1421) (Attachments: #1 Supplemental Preliminary Record, #2 Supplemental Docket Sheet)(trvo, )
July 5, 2023	Filing 375 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: Mr. Schaible has filed a status report advising that the district court has ruled on Plaintiff-Appellee Dianna Murphy's motion for prejudgment interest (Doc. No. #341 ) and Defendant-Appellant Thomas Schaible's motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ). Accordingly, the abatement of this appeal is lifted. The court notes that the appeal was dismissed on January 17, 2023 before being reinstated on February 9, 2023. At the time of dismissal, the court reporter had not finished preparing the transcripts ordered by the Appellant on December 16, 2022. With this appeal now proceeding, the transcripts must be prepared. The court reporter is directed to complete the transcripts and file them with the district court within 30 days of the date of this order. (USCA Case No. 22-1421) (trvo, )
June 28, 2023	Filing 374 FINAL JUDGMENT in favor of Dianna Christine Murphy against Thomas Schaible; in favor of Schaible, Russo & Company, C.P.A.'s, L.L.P. against Dianna Christine Murphy pursuant to the #373 Order. Entered by Clerk on 6/28/2023. (hguer)
June 28, 2023	Filing 373 ORDER Ruling on Post-Trial Motions: Denying Defendant T. Schaible's #349 Renewed and Opposed Motion for Judgment as a Matter of Law; Granting Plaintiff's #341 Motion for Prejudgment Interest and Entry of Judgment; Denying as moot Defendant T. Schaible's #367 Request for Court to Rule on Pending Post-Trial Motions. Entered by Judge William J. Martinez on 6/28/2023. (hguer)
April 17, 2023	Filing 372 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #368 Notice of Entry of Appearance, filed by attorney Julie M. Walker. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (trvo, )
April 14, 2023	Filing 371 ORDER granting #369 Motion to Withdraw as Attorney. Attorney Mark E. Haynes terminated. ORDERED by Magistrate Judge Michael E. Hegarty on 4/14/2023. Text Only Entry(cthom, )
April 14, 2023	Filing 370 MEMORANDUM regarding #369 MOTION to Withdraw as Attorney Mark E. Haynes filed by Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 4/14/2023. Text Only Entry (wjmsec, )
April 14, 2023	Filing 369 MOTION to Withdraw as Attorney Mark E. Haynes by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Walker, Julie)
April 14, 2023	Filing 368 NOTICE of Entry of Appearance of Julie M. Walker by Julie M. Walker on behalf of Schaible, Russo & Company, C.P.A.'s, L.L.P.Attorney Julie M. Walker added to party Schaible, Russo & Company, C.P.A.'s, L.L.P.(pty:dft) (Walker, Julie)
February 21, 2023	Filing 367 MOTION for Order to //Defendant Thomas Schaible's Request for Court to Rule on Pending Post-Trial Motions by Defendant Thomas Schaible. (Wells, Hilary)
February 9, 2023	Filing 366 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: This matter is before the court on Defendant-Appellant Thomas Schaible's corrected Petition for En Banc Review and Rehearing. Pursuant to Fed. R. App. P. 40, the petition for panel rehearing is granted as set forth herein. The court's January 17, 2023 order dismissing this appeal is vacated, and the appeal is reinstated. This appeal is abated pending a decision by the district court on Plaintiff-Appellee's pending motion for prejudgment interest and entry of judgment (Doc. No. #341 ) and Appellant's pending motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ). Within 5 days after the district court enters its order(s) disposing of the post-trial motions, the clerk of the district court is directed to supplement the preliminary record in accordance with 10th Cir. R. 3.2(B). (USCA Case No. 22-1421) (trvo, )
January 17, 2023	Filing 365 VACATED ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: Appellant seeks to appeal the district court's entry of final judgment, which he asserts entered by operation of law following the June 7, 2022 entry of a jury verdict in favor of Plaintiff. However, Plaintiff's motion for prejudgment interest remains pending. Because there is more for the district court to do than enter judgment, Fed. R. Civ. P. 58(c)(2) and Fed. R. App. P. 4(a)(7)(A)(ii) are not applicable. Accordingly, no final judgment has entered, and this court lacks jurisdiction to consider this appeal. APPEAL DISMISSED. (USCA Case No. 22-1421) (Attachments: #1 Cover Letter)(trvo, ) Modified on 2/10/2023 to vacate pursuant to #366 Order (trvo, ).
January 4, 2023	Filing 364 REPLY to Response to #349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit A (Transcript), #2 Exhibit B (Transcript), #3 Exhibit C (10th Cir. Motion))(Beckwith, Kendra)
December 30, 2022	Filing 363 NOTICE of Entry of Appearance by Kendra N. Beckwith on behalf of Thomas SchaibleAttorney Kendra N. Beckwith added to party Thomas Schaible(pty:dft) (Beckwith, Kendra)
December 23, 2022	Filing 362 REPORTER TRANSCRIPT ORDER FORM filed by Mary George re: #350 Notice of Appeal. Transcript due by 2/21/2023. (nrich)
December 21, 2022	Filing 360 RESPONSE to #349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit)(Curtis, Cory)
December 19, 2022	Filing 361 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: A review of Appellant Thomas Schaible's docketing statement and the district court docket has revealed a pending motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ), filed within 28 days after entry of the judgment being appealed. See Fed. R. App. P. 4(a)(4)(i) & 4(a)(7)(A)(ii). As a result, the notice of appeal will not become effective until the district court enters an order disposing of the motion. See Fed. R. App. P. 4(a)(4)(B). Accordingly, this appeal is ABATED. Within 5 days after the district court enters its order disposing of the motion, the clerk of the district court is directed to supplement the preliminary record in accordance with 10th Cir. R. 3.2(B). (USCA Case No. 22-1421) (trvo, )
December 16, 2022	Filing 359 TRANSCRIPT ORDER FORM re #350 Notice of Appeal by Defendant Thomas Schaible (Beckwith, Kendra)
December 14, 2022	Filing 358 Minute ORDER by Magistrate Judge Michael E. Hegarty on 14 December 2022. Before the Court is the Motion to Withdraw filed by Marc D. Flink, Esq., counsel for Plaintiff. Other attorneys will continue to represent Plaintiff. For good cause shown, the Motion #355 is granted. Mr. Flink's representation of Plaintiff in this case is terminated.(cmadr, )
December 13, 2022	Filing 357 MEMORANDUM regarding #355 MOTION to Withdraw as Attorney filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 12/13/2022. Text Only Entry (wjmsec, )
December 13, 2022	Filing 356 NOTICE of Entry of Appearance by Laurin D. Quiat on behalf of Dianna Christine MurphyAttorney Laurin D. Quiat added to party Dianna Christine Murphy(pty:pla) (Quiat, Laurin)
December 13, 2022	Filing 355 MOTION to Withdraw as Attorney by Plaintiff Dianna Christine Murphy. (Flink, Marc)
December 9, 2022	Filing 354 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #353 Substitution of Counsel filed by attorney Laurin D. Quiat and Marc D. Flink. Attorney Marc D. Flink attempted to withdraw his appearance from this case by filing a Substitution of Counsel; counsel may seek to withdraw only upon motion and in accordance with the procedures set forth in D.C.COLO.LAttyR 5(b). Attorney Laurin D. Quiat must file an Entry of Appearance in order to be properly added to the case. (Text Only Entry) (trvo, )
December 8, 2022	Filing 353 NOTICE Substitution of Counsel by Plaintiff Dianna Christine Murphy (Quiat, Laurin)
December 5, 2022	Filing 352 USCA Case Number 22-1421 for #350 Notice of Appeal filed by Thomas Schaible. (trvo, )
December 5, 2022	Filing 351 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #350 Notice of Appeal filed by Thomas Schaible to the U.S. Court of Appeals for the Tenth Circuit. (Retained Counsel, Fee paid) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(trvo, )
December 2, 2022	Filing 350 NOTICE OF APPEAL as to #340 Jury Verdict by Defendant Thomas Schaible (Filing fee $ 505, Receipt Number ACODC-8809146) (Wells, Hilary)
December 2, 2022	Filing 349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Defendant Thomas Schaible. (Attachments: #1 Exhibit T, #2 Exhibit 23, #3 Exhibit 7, #4 Exhibit A)(Wells, Hilary)
August 3, 2022	Filing 348 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 8/3/2022. Defendant's Motion to Restrict [filed July 19, 2022; ECF #344 ] is granted. Pursuant to D.C.Colo.LCivR 7.2, the Clerk of Court is directed to maintain ECF #343 under Level One Restricted Access until further order of the Court. (agarc, )
August 2, 2022	Filing 347 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (19-cv-02808-WJM-MEH). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty. (Text only entry) (trvo, )
July 25, 2022	Filing 346 REPLY to Response to #341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1 - Video Deposition of Michael Schaible)(Curtis, Cory) Modified on 7/26/2022 to add text (trvo, ).
July 20, 2022	Filing 345 MEMORANDUM regarding #344 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 7/20/2022. Text Only Entry (wjmsec, )
July 19, 2022	Filing 344 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Wells, Hilary)
July 11, 2022	Filing 343 RESTRICTED DOCUMENT - Level 1: Exhibit A to #342 Response to #341 Motion for Damages Motion for Prejudgment Interest and Entry of Judgment by Defendant Thomas Schaible. (Wells, Hilary) Modified on 7/12/2022 to add title of document (athom, ).
July 11, 2022	Filing 342 RESPONSE to #341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 7, #2 Exhibit A)(Wells, Hilary)
June 20, 2022	Filing 341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
June 7, 2022	Filing 340 JURY VERDICT. (hguer)
June 7, 2022	Filing 339 Jury Verdict - Unredacted - Level 3 - Viewable by Court Only. (hguer)
June 7, 2022	Filing 338 Jury Note. (hguer)
June 7, 2022	Filing 337 Jury Note - Unredacted - Level 3 - Viewable by Court Only. (hguer)
June 7, 2022	Filing 336 Jury Instructions. (hguer)
June 7, 2022	Filing 335 Exhibit List for Jury Trial held 5/31/2022 through 6/7/2022. (hguer)
June 7, 2022	Filing 334 Witness List for Jury Trial held 5/31/2022 through 6/7/2022. (hguer)
June 7, 2022	Filing 333 Redacted Jury Strike Sheet. (hguer)
June 7, 2022	Filing 332 Jury Strike Sheet - Unredacted - Level 3 - Viewable by Court Only. (hguer)
June 7, 2022	Filing 331 MINUTE ENTRY for Jury Trial Day 6 held before Judge William J. Martinez on 6/7/2022. JURY VERDICT. Trial concluded. Court Reporter: Mary George. (hguer)
June 6, 2022	Filing 330 MINUTE ENTRY for Jury Trial Day 5 held before Judge William J. Martinez on 6/6/2022. Granting in part and denying in part #323 Motion for Judgment as a Matter of Law; Granting in part and denying in part #324 Motion for Judgment. Charging Conference. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 330 replaced on 6/7/2022) (hguer).
June 3, 2022	Filing 329 MINUTE ENTRY for Jury Trial Day 4 held before Judge William J. Martinez on 6/3/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 329 replaced on 6/7/2022) (hguer).
June 2, 2022	Filing 328 MINUTE ENTRY for Jury Trial Day 3 held before Judge William J. Martinez on 6/2/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 328 replaced on 6/7/2022) (hguer).
June 2, 2022	Filing 327 RESPONSE to #323 MOTION for Judgment as a Matter of Law filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
June 2, 2022	Filing 326 RESPONSE to #324 MOTION for Judgment As a Matter of Law Pursuant to Fed. R. Civ. P. 50(A) filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
June 1, 2022	Filing 325 MINUTE ENTRY for Jury Trial Day 2 held before Judge William J. Martinez on 6/1/2022. Evidence entered. Taking under advisement Defendants' #323 and #324 Motion for Judgment. Trial continued. Court Reporter: Mary George. (hguer)
June 1, 2022	Filing 324 MOTION for Judgment As a Matter of Law Pursuant to Fed. R. Civ. P. 50(A) by Defendant Thomas Schaible. (Wells, Hilary)
June 1, 2022	Filing 323 MOTION for Judgment as a Matter of Law by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
May 31, 2022	Filing 322 MINUTE ENTRY for Jury Trial Day 1 held before Judge William J. Martinez on 5/31/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer)
May 31, 2022	Filing 321 ORDER: This matter is before the Court on Plaintiff's oral motion for authorization to communicate with members of the jury in this case. Pursuant to Local Civil Rule 47.2 the Motion is GRANTED. Such communications with the jury are authorized under the following restrictions, which will be strictly enforced:(1) only counsel may speak with the jurors; (2) the communication may only take place after the conclusion of the trial; (3) the communication may ONLY occur within this courtroom; (4) and ONLY with those jurors who voluntarily choose to return into the courtroom to speak with the lawyers after I meet with them; and (5) there will be NO communication with a juror after that juror has left this courtroom. The intent of this Order is to provide counsel with the opportunity to discuss with jurors what transpired in the jury's presence in the courtroom, and to receive input from them which may assist counsel in improving their trial skills in future cases. Accordingly, counsel's communications with the jurors will be restricted to these topics. This Order is NOT intended to give counsel the opportunity to make inquiry into the jury's deliberations or to examine with them the validity or consistency of their verdict. Accordingly, counsel are prohibited from discussing with jurors: (a) facts or information which were not received into evidence; (b) the content of the jury's deliberations; or (c) the reasons the jury returned the verdict that it did. Any attorney violating any of these restrictions is subject to being held in contempt of Court. SO ORDERED by Judge William J. Martinez on 5/31/2022. Text Only Entry (wjmsec, )
May 27, 2022	Filing 320 Proposed Jury Instructions - Defendants' Amended Disputed and Additional Jury Instructions by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
May 25, 2022	Filing 319 Witness List AMENDED by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
May 25, 2022	Filing 318 Exhibit List AMENDED by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
May 25, 2022	Filing 317 Exhibit List AMENDED by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 25, 2022	Filing 316 Witness List AMENDED by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 19, 2022	Filing 315 RULINGS ON #310 & #311 OBJECTIONS TO DEPOSITION DESIGNATIONS of Michael Schaible and John Schaible by Judge William J. Martinez on 5/19/2022. (trvo, )
May 19, 2022	Filing 314 MINUTE ORDER: On May 11, 2022, this court granted in part and denied in part Defendants' Motion to Restrict #298 , see #307 , and ordered Defendants to file a renewed Motion to Restrict, should they continue to seek restriction of [Doc. 269], by May 16, 2022. No such renewed Motion to Restrict was filed by the May 16, 2022 deadline. Accordingly, the Clerk of Court is DIRECTED to unrestrict [Doc. 269]. By Magistrate Judge Nina Y. Wang on 5/19/2022. Text Only Entry (nywlc3, )
May 18, 2022	Filing 313 STATEMENT re #305 Trial Preparation Conference Defendants Proposed Statement of the Case by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
May 18, 2022	Filing 312 STATEMENT Plaintiff's Proposed Statement of the Case by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 16, 2022	Filing 311 ERRATA to Joint Submission of Deposition Designations Pursuant to WJM Revised Practice Standard V.G by Defendant Thomas Schaible. (Attachments: #1 Deposition Excerpts Corrected-Michael Schaible Designations Counter-designations and Objections)(Wells, Hilary)
May 16, 2022	Filing 310 DESIGNATION OF DEPOSITION TESTIMONY Pursuant to WJM Revised Practice Standard V.G by Defendant Thomas Schaible. (Attachments: #1 Deposition Excerpts Michael Schaible Deposition Testimony, #2 Deposition Excerpts John Schaible Deposition Testimony)(Wells, Hilary)
May 13, 2022	Filing 309 Proposed Jury Instructions Plaintiff Dianna Christine Murphy's Resubmission of Disputed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 13, 2022	Filing 308 Proposed Jury Instructions Resubmission of Stipulated Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 11, 2022	Filing 307 MINUTE ORDER by Magistrate Judge Nina Y. Wang on May 11, 2022. For the foregoing reasons, IT IS ORDERED that: (1) Defendant's Motion to Restrict #298 is GRANTED IN PART AND DENIED IN PART; and (2) The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for #269 and #271 ; and (3) Should Defendants continue to seek restriction of the Petition, #269 , Defendants shall file a renewed Motion to Restrict, with a proposed redacted version of that document, on or before May 16, 2022.(csarr, )
May 10, 2022	Filing 306 ORDER. Defendants' Joint Motion in Limine (ECF No. #268 ) is DENIED. Plaintiff's Motion in Limine (ECF No. #266 ) is GRANTED IN PART AND DENIED IN PART, as set forth herein. SO ORDERED by Judge William J. Martinez on 5/10/2022.(trvo, )
May 6, 2022	Filing 305 MINUTE ENTRY for Final Trial Preparation Conference held before Judge William J. Martinez on 5/6/2022. Court Reporter: Terri Lindblom. (hguer)
May 5, 2022	Filing 304 Exhibit List Amended Final List of Proposed Exhibits by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 4, 2022	Filing 303 ORDER: This matter is before the Court sua sponte. The parties' witness lists reflect that the parties plan to utilize deposition testimony for a number of witnesses at trial. Given the extraordinarily complex nature of this case, the undersigned's Revised Practice Standard V.G is AMENDED for purposes of this case only. To the extent any party objects to any party's deposition designations, the parties' jointly filed transcript of the final designated deposition testimony (along with any relevant objections) must be filed with the Court no later than 9:00 AM MDT on Monday, May 16, 2022. These designations MUST comply in all respects with Revised Practice Standard V.G., and in particular RPS V.G.3. Counsel are on notice that failure to timely comply with this Order in all respects will result in the exclusion of such deposition testimony from the evidence at trial. SO ORDERED by Judge William J. Martinez on 5/4/2022. Text Only Entry (wjmlc2)
May 3, 2022	Filing 302 ORDER: This matter is before the Court on Plaintiff Diana Christine Murphy's Motion for Sanctions #278 . The Motion is GRANTED IN PART and DENIED IN PART. To the extent she chooses to do so, Plaintiff is granted leave, for good cause shown, to file an amended final exhibit list containing the exhibits at issue in the Motion on or before May 5, 2022. The Motion is denied in all other respects. SO ORDERED by Judge William J. Martinez on 5/3/2022. Text Only Entry(wjmlc2)
May 2, 2022	Filing 301 RESTRICTED DOCUMENT - Level 1: Exhibit D to #300 Response by Defendant Thomas Schaible.. (Wells, Hilary) Modified on 5/3/2022 to add document title (trvo, ).
May 2, 2022	Filing 300 RESPONSE to 279 MOTION for Sanctions filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wells, Hilary)
May 2, 2022	Filing 299 MEMORANDUM regarding #298 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 5/2/2022. Text Only Entry (wjmsec, )
April 29, 2022	Filing 298 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 297 NOTICE Defendants Notice Pursuant to WJM Revised Practice Standard IV.B.4.E by Defendant Thomas Schaible (Wells, Hilary)
April 29, 2022	Filing 296 Witness List Defendants Final Witness List by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 295 Exhibit List Defendants Joint Exhibit List by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 294 Proposed Voir Dire Defendants Joint Proposed Voir Dire Questions by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 293 STATEMENT Defendants Joint Proposed Statement of the Case by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 292 Proposed Jury Instructions Defendants Joint Objections to Plaintiffs Disputed Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 291 Proposed Verdict Form Defendants Joint Proposed Verdict Form by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 290 Proposed Jury Instructions Defendants Disputed and Additional Proposed Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 289 Proposed Jury Instructions Stipulated Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)
April 29, 2022	Filing 288 Witness List by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 287 Exhibit List by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 286 Proposed Jury Instructions Statement of Issues and Motions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 285 Proposed Voir Dire by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 284 Proposed Verdict Form by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 283 Proposed Jury Instructions Proposed Statement of the Case by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 282 Proposed Jury Instructions Objections to Defendant Schaible's Disputed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 29, 2022	Filing 281 Proposed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 28, 2022	Filing 280 ORDER: This matter is before the Court on Plaintiff Diana Christine Murphy's Motion for Sanctions #278 . Defendants are DIRECTED to file a response to the Motion on or before Monday, May 2, 2022. After receiving Defendants' response, the Court will determine whether it needs a reply brief and/or a hearing on the Motion. SO ORDERED by Judge William J. Martinez on 4/28/2022. Text Only Entry (wjmlc2)
April 27, 2022	Filing 279 MOTION for Sanctions by Plaintiff Dianna Christine Murphy. (Public entry for Restricted Document #278 ) (Text Only Entry) (trvo, )
April 27, 2022	Filing 278 RESTRICTED DOCUMENT - Level 1: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Curtis, Cory)
April 25, 2022	Filing 277 RESPONSE to #266 MOTION in Limine Defendants Response to Plaintiff Dianna Christine Murphys Motion in Limine filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
April 25, 2022	Filing 276 ORDER granting Defendant Thomas Schaibles' Motion for Permission for Kate DiGeronimo to Appear Telephonically at May 6, 2022 Final Trial Preparation Conference #274 . Defendant Schabile's Motion is GRANTED for good cause shown. Attorney Kate Digeronimo is granted leave to appear at the Final Trial Preparation Conference set for May 6, 2022 at 2:00 p.m. via telephone. Ms. Digeroimo must contact Chambers via email at martinez_chambers@cod.uscourts.gov on or before May 4, 2022 to provide a land line telephone number to be used for the conference call that Chambers will initiate. SO ORDERED by Judge William J. Martinez on 4/25/2022. Text Only Entry(wjmsec, )
April 25, 2022	Filing 275 RESPONSE to #268 Joint MOTION in Limine filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
April 25, 2022	Filing 274 MOTION for Leave to Appear by telephone for May 6, 2022 Final Pre Trial Conference by Defendant Thomas Schaible. (Attachments: #1 Proposed Order (PDF Only))(DiGeronimo, Kate)
April 22, 2022	Filing 273 ORDER: This matter is before the Court on the Joint Motion of the Parties to Extend the Deadline for Filing Jury Instructions and Verdict Forms #272 . The Parties' Motion is subject to being summarily stricken, 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 and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. Solely in the interest of justice, however, the Motion is GRANTED. All trial receivables due under this Court's Revised Practice Standards VI.B.1, VI.C-D, VI.A and VI.B.3, including stipulated and disputed jury instructions, and objections to the other parties' disputed jury instructions, shall be filed no later than April 29, 2022. NO FURTHER EXTENSIONS OF ANY OF THESE DEADLINES WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 4/22/2022. Text Only Entry(wjmsec, )
April 21, 2022	Filing 272 Joint MOTION for Extension of Time to File Jury Instructions and Verdict Forms by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)
April 18, 2022	Filing 271 RESTRICTED DOCUMENT - Level 1: CORRECTED Exhibit A to #268 Joint Motion in Limine by Defendant Thomas Schaible. (Wells, Hilary) Modified on 4/18/2022 to add title of document (athom, ).
April 18, 2022	Filing 270 ORDER: This matter is before the Court on Defendants' Joint Motion in Limine #268 . Plaintiff has up to and including April 25, 2022 within which to file a Response to Defendants' Joint Motion in Limine in conformity with WJM Revised Practice Standard III.G.2. Per this Court's Revised Practice Standards, no Reply Brief will be accepted. SO ORDERED by Judge William J. Martinez on 192808. Text Only Entry (wjmsec, )
April 15, 2022	Filing 269 Exhibit A to #268 Joint Motion in Limine by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. (Wells, Hilary) Modified on 4/18/2022 to add title of document and to note that counsel has re-filed a corrected Exhibit at doc. #271 (athom, ). Modified on 5/19/2022 to correct docket text. (alave, ).
April 15, 2022	Filing 268 Joint MOTION in Limine by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, Hilary)
April 15, 2022	Filing 267 ORDER: This matter is before the Court on Plaintiff Dianna Christine Murphy's Motion in Limine #266 . Plaintiff has up to and including April 25, 2022 within which to file a Response to Plaintiff's Motion in Limine in conformity with WJM Revised Practice Standard III.G.2. Per this Court's Revised Practice Standards, no Reply Brief will be accepted. SO ORDERED by Judge William J. Martinez on 4/15/2022. Text Only Entry (wjmsec, )
April 15, 2022	Filing 266 MOTION in Limine by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
March 31, 2022	Filing 265 ORDER denying Defendant Thomas Schaible's Motion for an Order Setting a Settlement Conference Pursuant to D.C.COLO.LCivR 16.6 #262 : In light of Plaintiff's opposition to Defendant's Motion #263 , said Motion is DENIED. SO ORDERED by Judge William J. Martinez on 3/31/2022. Text Only Entry(wjmsec, )
March 29, 2022	Filing 264 NOTICE of Non-Objection to Motion for An Order Setting A Settlement Conference Pursuant to D.C.COLO.L.CIV.R 16.6 by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P. (Haynes, Mark)
March 29, 2022	Filing 263 RESPONSE to #262 MOTION for Hearing/Conference requesting a settlement conference filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
March 28, 2022	Filing 262 MOTION for Hearing/Conference requesting a settlement conference by Defendant Thomas Schaible. (Temkin, Barry)
March 7, 2022	Filing 261 LETTER re: 235 Memorandum, by Defendant Thomas Schaible. (Temkin, Barry)
March 2, 2022	Filing 260 MINUTE ORDER: The Unopposed Motion to Extend Deadline to take Preservation Depositions of Three Witnesses in Mexico #257 is GRANTED. The deadline to conduct the depositions of John Schaible, Michael Schaible, and Gustavo Echeveste is EXTENDED from 3/3/2022 to 3/11/2022. By Magistrate Judge Nina Y. Wang on 3/2/2022. Text Only Entry (nywlc3, )
March 2, 2022	Filing 259 MEMORANDUM regarding #257 Unopposed MOTION for Extension of Time to extend deadline as requested in Doc # 256 filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/2/2022. Text Only Entry (wjmsec, )
March 2, 2022	Filing 258 ORDER Denying #250 Defendant Thomas Schaible's Motion for a Stay of Trial by Judge William J. Martinez on 3/2/2022.(trvo, )
March 1, 2022	Filing 257 Unopposed MOTION for Extension of Time to extend deadline as requested in Doc # 256 by Defendant Thomas Schaible. (Temkin, Barry)
March 1, 2022	Filing 256 STIPULATION for Extension of Time to Take Preservation Depositions of Three Witnesses from Mexico by Defendant Thomas Schaible. (Temkin, Barry)
February 22, 2022	Filing 255 RESTRICTED DOCUMENT - Level 1: Exhibit 1 to #254 Response by Plaintiff Dianna Christine Murphy. (Curtis, Cory) Modified on 2/23/2022 to add document title (trvo, ).
February 22, 2022	Filing 254 RESPONSE to #250 MOTION to Stay Trial filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 2 - Ltr from Gustavo re POA 8.24.20, #2 Exhibit 3 - 10.29.20 email from Gustavo Escheveste re Baja Vacations, #3 Exhibit 4 - Gomez Declaration)(Curtis, Cory)
February 16, 2022	Filing 253 JOINDER re #250 MOTION to Stay Trial by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit A Russo Declaration)(Haynes, Mark)
February 15, 2022	Filing 252 ORDER: This matter is before the Court on Defendant Thomas Schaible's Motion for a Stay of Trial #250 . The Plaintiff and Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P., are DIRECTED to file a Response to Defendant Thomas Schaible's Motion #250 on or before February 22, 2022. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 2/15/2022. Text Only Entry (wjmsec, )
February 15, 2022	Filing 251 MOTION to Stay re #250 MOTION to Stay Trial Declaration of Thomas Schiable by Defendant Thomas Schaible. (Temkin, Barry)
February 15, 2022	Filing 250 MOTION to Stay Trial by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Temkin, Barry)
February 8, 2022	Filing 249 Witness List Updated by Defendant Thomas Schaible. (Temkin, Barry)
February 7, 2022	Filing 248 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 02/07/2022. IT IS ORDERED that: Defendant's Motion to Restrict #245 is GRANTED; and The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for #242 .(alave, )
February 1, 2022	Filing 247 ORDER by Magistrate Judge Nina Y. Wang on 02/01/2022. It is ORDERED that: Defendant Schaible's Motion in Support of Taking Testimony De Bene Esse to Preserve the Testimony of Three Witnesses from Mexico #234 is GRANTED; Defendant Schaible is ORDERED to file a revised witness list within seven days of this Order; Discovery is re-opened for the limited purpose of permitting Defendant Schaible leave to take preservation depositions of John Schaible, Michael Schaible, and Gustavo Echeveste within 30 days of the date of this Order; and All other case deadlines REMAIN SET. (alave, )
January 31, 2022	Filing 246 MEMORANDUM regarding #245 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/31/2022. Text Only Entry (wjmsec, )
January 31, 2022	Filing 245 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
January 27, 2022	Filing 244 Exhibit List Revised by Defendant Thomas Schaible. (Temkin, Barry)
January 24, 2022	Filing 243 ORDER Denying #213 Plaintiff's Motion to Strike Defendant Thomas Schaible's Improperly Disclosed Witness Pursuant to Fed. R. Civ. P. 37(c) and Granting #229 Defendant Schaible's Motion for Leave to Amend Final Pretrial Order to Add Additional Documents from the Plaintiff's Divorce Case in Mexico. Plaintiff is GRANTED LEAVE to take the depositions solely of John and Maria Schaible on or before February 28, 2022. Defendant Schaible is DIRECTED to file his revised exhibit list on or before January 31, 2022. SO ORDERED by Judge William J. Martinez on 1/24/2022.(trvo, )
January 12, 2022	Filing 242 RESTRICTED DOCUMENT - Level 1: Exhibit A to #241 REPLY to Response by Defendant Thomas Schaible.. (Temkin, Barry) Modified on 1/12/2022 to add document title and linkage. (sphil, ).
January 12, 2022	Filing 241 REPLY to Response to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit B)(Temkin, Barry)
January 6, 2022	Filing 240 NOTICE of Change of Address/Contact Information by Cory Murray Curtis (Curtis, Cory)
January 3, 2022	Filing 239 MINUTE ORDER: The Unopposed Motion for Extension of Time to File Reply in Support of Motion for De Bene Esse Testimony #237 filed by Defendant Thomas Schaible is hereby GRANTED. Defendant Schaible shall file his reply on or before January 12, 2022. No further extensions will be granted absent extraordinary circumstances. By Magistrate Judge Nina Y. Wang on 1/3/2022. Text Only Entry (nywlc3, )
December 29, 2021	Filing 238 MEMORANDUM regarding #237 Unopposed MOTION for Extension of Time to File Response/Reply as to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/29/2021. Text Only Entry (wjmsec, )
December 29, 2021	Filing 237 Unopposed MOTION for Extension of Time to File Response/Reply as to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 22, 2021	Filing 236 RESPONSE to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Curtis, Cory)
December 3, 2021	Filing 235 MEMORANDUM regarding #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/3/2021. Text Only Entry (wjmsec, )
December 1, 2021	Filing 234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE by Defendant Thomas Schaible. (Temkin, Barry)
September 7, 2021	Filing 233 NOTICE of Change of Address by Defendant Thomas Schaible (Wells, Hilary)
September 2, 2021	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	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	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	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	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	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	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	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	Filing 224 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)
June 4, 2021	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	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	Filing 221 MOTION for Hearing/Conference re #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)
June 1, 2021	Filing 220 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Exhibit A)(DiGeronimo, Kate)
May 26, 2021	Filing 219 LETTER re: #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)
May 26, 2021	Filing 218 STIPULATION by Defendant Thomas Schaible. (Temkin, Barry)
May 25, 2021	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	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	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	Filing 214 NOTICE of Entry of Appearance by Barry R. Temkin on behalf of Thomas Schaible (Temkin, Barry)
May 10, 2021	Filing 213 MOTION to Strike Defendant Thomas Schaibles Improperly Disclosed Witnesses by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
May 5, 2021	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	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	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	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	Filing 208 FINAL PRETRIAL ORDER entered by Magistrate Judge Nina Y. Wang on 4/9/2021. (bwilk, )
April 9, 2021	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	Filing 206 Proposed Pretrial Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit)(Curtis, Cory)
March 22, 2021	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	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	Filing 203 REPLY to Response to 181 MOTION to Exclude filed by Defendant Thomas Schaible. (Temkin, Barry)
December 29, 2020	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	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	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	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	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	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	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	Filing 195 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)
December 16, 2020	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	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	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	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	Filing 191 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 15, 2020	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	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	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	Filing 187 Proposed Pretrial Order Revising Docket #183 by Defendant Thomas Schaible. (DiGeronimo, Kate)
December 14, 2020	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	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	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	Filing 183 Proposed Pretrial Order by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)
December 9, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 166 RESPONSE to 149 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 12, 2020	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	Filing 164 RESPONSE to 147 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 9, 2020	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	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	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	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	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	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	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	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	Filing 155 MOTION for Extension of Time to hold Pretrial Conference by Defendant Thomas Schaible. (Temkin, Barry)
November 2, 2020	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	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	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	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	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	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	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	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	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	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	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	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	Filing 142 Amended MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)
October 15, 2020	Filing 141 Unopposed MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)
October 6, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 126 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
September 14, 2020	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	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	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	Filing 122 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)
September 4, 2020	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	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	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	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	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	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	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	Filing 114 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
August 28, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 99 LETTER re: 98 Minute Order,,,,,, by Defendant Thomas Schaible. (DiGeronimo, Kate)
August 5, 2020	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	Filing 97 Exhibits in Support of #96 Amended Answer to Complaint by Defendant Thomas Schaible. (Temkin, Barry)
May 29, 2020	Filing 96 AMENDED ANSWER to #33 Amended Complaint, with Jury Demand by Defendant Thomas Schaible. (Temkin, Barry)
May 22, 2020	Filing 95 ANSWER to #33 Amended Complaint, by Schaible, Russo & Company, C.P.A.'s, L.L.P..(Haynes, Mark)
May 13, 2020	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	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	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	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	Filing 90 ANSWER to #33 Amended Complaint, by Thomas Schaible.(Temkin, Barry)
May 11, 2020	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	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	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	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	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	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	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	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	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	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	Filing 79 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
March 31, 2020	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	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	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	Filing 75 ORDER denying #55 Defendants' Motion to Stay Discovery, by Magistrate Judge Nina Y. Wang on 2/26/20.(nmarb, )
February 26, 2020	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	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	Filing 72 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
February 19, 2020	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	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	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	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	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	Filing 66 BRIEF in Opposition to #55 MOTION to Stay Discovery filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
February 3, 2020	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	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	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	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	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	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	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	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	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	Filing 56 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)
January 21, 2020	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	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	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	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	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	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	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	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	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	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	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	Filing 44 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)
January 6, 2020	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	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	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	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	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	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	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	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	Filing 35 RESPONSE to #20 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 23, 2019	Filing 34 RESTRICTED DOCUMENT - Level 1: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Declaration of Cory M. Curtis)(Curtis, Cory)
December 23, 2019	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	Filing 32 RESPONSE to #29 MOTION for Leave to Restrict filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
December 18, 2019	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	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	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	Filing 28 STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 12/16/19. (nmarb, )
December 13, 2019	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	Filing 26 Joint MOTION for Protective Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)
December 3, 2019	Filing 25 SCHEDULING ORDER by Magistrate Judge Nina Y. Wang on 12/3/19. (nmarb, )
December 3, 2019	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	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	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	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	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	Filing 19 Proposed Scheduling Order by Plaintiff Dianna Christine Murphy. (Curtis, Cory)
November 26, 2019	Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dianna Christine Murphy All parties do not consent.. (Curtis, Cory)
November 25, 2019	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	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	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	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	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	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	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	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	Filing 9 SUMMONS Returned Executed by Dianna Christine Murphy. All Defendants. (Attachments: #1 Exhibit A)(Curtis, Cory)
October 22, 2019	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	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	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	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	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	Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )
October 1, 2019	Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cmadr, )
October 1, 2019	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)

August 31, 2023

Filing 400 CERTIFICATE of Service by Mail by Clerk of Court re Original #397 Appeal Bond and Power of Attorney to Kendra N. Beckwith and Hilary Dawn Wells at Lewis Roca Rothgerber Christie LLP 1601 19th Street Suite 1000 Denver, CO 80202. Text Only Entry. (trvo, )

August 30, 2023

Filing 399 NOTICE BY Clerk re #396 Order. Per the Order referencing "all enforcement and execution of this Court's June 28, 2023 Judgment (ECF No. 374) is stayed pending the resolution of all appellate proceedings in this matter", the proposed Bill of Costs is STAYED. The hearing set for September 28, 2023 at 9:30 a.m. is VACATED. Please re-file Proposed Bill of Costs pending relief from the stay. (ashee)

August 16, 2023

Filing 398 REPLY to Response to #380 MOTION for Attorney Fees and Costs filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

August 15, 2023

Filing 397 APPEAL BOND by Defendant Thomas Schaible. Approved pursuant to #396 Order. (Attachments: #1 Receipt No. 107912 in the amount of $49.00 for POA filed in 23-mc-00075)(trvo, )

August 15, 2023

Filing 396 ORDER. The Court has reviewed Defendant Thomas Schaible's Unopposed Motion to Stay Enforcement of Judgment Pursuant to Fed. R. Civ. P. 62 and for Approval of Supersedeas Bond ("Motion") #394 . Good cause having been shown, the Court GRANTS the Motion. The proposed supersedeas bond filed therewith is APPROVED and any and all enforcement and execution of this Court's June 28, 2023 Judgment #374 is stayed pending the resolution of all appellate proceedings in this matter. SO ORDERED by Judge William J. Martinez on 8/15/2023. (Attachments: #1 Exhibit) (trvo, )

August 15, 2023

Filing 395 Proposed Bill of Costs by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

August 14, 2023

Filing 394 Proposed Appeal Bond and Unopposed Motion to Stay by Defendant Thomas Schaible. (Attachments: #1 Exhibit Proposed Bond, #2 Proposed Order (PDF Only) Proposed Order)(Beckwith, Kendra)

August 14, 2023

Filing 393 LETTER TO USCA and all counsel certifying the record is complete as to #377 Amended Notice of Appeal filed by Thomas Schaible, #350 Notice of Appeal filed by Thomas Schaible. All transcripts ordered are now on file as of 7/28/2023. (Appeal No. 22-1421) (Text Only Entry) (trvo, )

August 4, 2023

Filing 392 ORDER granting #388 Motion for Extension of Time to File Responses to Plaintiff's Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b), for good cause shown and in the interest of justice. The Court hereby extends the deadline for Mr. Schaible to respond to Plaintiffs Rule 69 Interrogatories until it rules on the Motion to Stay Enforcement of Judgment Pursuant to Fed. R. Civ. P. 62(b) and for Approval of Supersedeas Bond. Specifically, (1) if the Court approves the Motion to Stay Enforcement, Mr. Schaible is excused from responding to the discovery appended as Exhibit A; (2) if the Court denies the Motion to stay Enforcement, the response deadline shall be 21 days after the issuance of the Order. Entered by Magistrate Judge Michael E. Hegarty on 8/4/23. Text Only Entry(mehlc4, )

August 3, 2023

Filing 391 CERTIFICATE of Mailing/Service re #388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) by Defendant Thomas Schaible. (Wells, Hilary)

August 2, 2023

Filing 390 BRIEF in Opposition to #380 MOTION for Attorney Fees and Costs Defendant Thomas Schaibles Response in Opposition to Plaintiffs Motion for an Award of Attorneys Fees and Costs filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 7, #2 Exhibit 17, #3 Exhibit 85)(Wells, Hilary)

August 1, 2023

Filing 389 MEMORANDUM regarding #388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) filed by Thomas Schaible. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 8/1/2023. Text Only Entry (wjmsec, )

July 31, 2023

Filing 388 MOTION for Extension of Time to Defendant Thomas Schaibles Opposed Motion for Extension of Time to Respond to Plaintiffs Rule 69 Interrogatories Pending Approval of Bond Pursuant to Fed. R. Civ. P. 62(b) by Defendant Thomas Schaible. (Attachments: #1 Exhibit A)(Wells, Hilary)

July 28, 2023

Filing 387 TRANSCRIPT of Jury Trial, Day 6 held on June 7, 2022 before Judge Martinez. Pages: 865-872. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 386 TRANSCRIPT of Jury Trial, Day 5 held on June 6, 2022 before Judge Martinez. Pages: 731-864. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 385 TRANSCRIPT of Jury Trial, Day 4 held on June 3, 2022 before Judge Martinez. Pages: 498-730. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 384 TRANSCRIPT of Jury Trial, Day 3 held on June 2, 2023 before Judge Martinez. Pages: 395-497. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 383 TRANSCRIPT of Jury Trial, Day 2 held on June 1, 2023 before Judge Martinez. Pages: 152-394. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 382 TRANSCRIPT of Jury Trial, Day 1 held on May 31, 2023 before Judge Martinez. Pages: 1-151. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, )

July 28, 2023

Filing 381 VOIR DIRE TRANSCRIPT of proceedings held on May 31, 2023 before Judge Martinez. Pages: 1-111. (mgeor, )

July 12, 2023

Filing 380 MOTION for Attorney Fees and Costs by Plaintiff Dianna Christine Murphy. (Attachments: #1 Affidavit Affidavit of Cory M. Curtis ISO Motion for Attorney's Fees and Costs)(Curtis, Cory)

July 12, 2023

Filing 379 Proposed Bill of Costs by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

July 7, 2023

Filing 378 LETTER Transmitting to U.S. Court of Appeals for the Tenth Circuit Supplemental Preliminary Record as to #377 Amended Notice of Appeal, #350 Notice of Appeal filed by Thomas Schaible. (USCA Case No. 22-1421) (Attachments: #1 Supplemental Docket Sheet, #2 Supplemental Preliminary Record)(trvo, )

July 6, 2023

Filing 377 AMENDED NOTICE OF APPEAL as to #373 Order on Post-Trial Motions, #374 Judgment by Defendant Thomas Schaible (Beckwith, Kendra) Modified on 7/7/2023 to correct text (trvo, ).

July 5, 2023

Filing 376 LETTER Transmitting to U.S. Court of Appeals for the Tenth Circuit Supplemental Preliminary Record as to #350 Notice of Appeal filed by Thomas Schaible. (USCA Case No. 22-1421) (Attachments: #1 Supplemental Preliminary Record, #2 Supplemental Docket Sheet)(trvo, )

July 5, 2023

Filing 375 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: Mr. Schaible has filed a status report advising that the district court has ruled on Plaintiff-Appellee Dianna Murphy's motion for prejudgment interest (Doc. No. #341 ) and Defendant-Appellant Thomas Schaible's motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ). Accordingly, the abatement of this appeal is lifted. The court notes that the appeal was dismissed on January 17, 2023 before being reinstated on February 9, 2023. At the time of dismissal, the court reporter had not finished preparing the transcripts ordered by the Appellant on December 16, 2022. With this appeal now proceeding, the transcripts must be prepared. The court reporter is directed to complete the transcripts and file them with the district court within 30 days of the date of this order. (USCA Case No. 22-1421) (trvo, )

June 28, 2023

Filing 374 FINAL JUDGMENT in favor of Dianna Christine Murphy against Thomas Schaible; in favor of Schaible, Russo & Company, C.P.A.'s, L.L.P. against Dianna Christine Murphy pursuant to the #373 Order. Entered by Clerk on 6/28/2023. (hguer)

June 28, 2023

Filing 373 ORDER Ruling on Post-Trial Motions: Denying Defendant T. Schaible's #349 Renewed and Opposed Motion for Judgment as a Matter of Law; Granting Plaintiff's #341 Motion for Prejudgment Interest and Entry of Judgment; Denying as moot Defendant T. Schaible's #367 Request for Court to Rule on Pending Post-Trial Motions. Entered by Judge William J. Martinez on 6/28/2023. (hguer)

April 17, 2023

Filing 372 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #368 Notice of Entry of Appearance, filed by attorney Julie M. Walker. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (trvo, )

April 14, 2023

Filing 371 ORDER granting #369 Motion to Withdraw as Attorney. Attorney Mark E. Haynes terminated. ORDERED by Magistrate Judge Michael E. Hegarty on 4/14/2023. Text Only Entry(cthom, )

April 14, 2023

Filing 370 MEMORANDUM regarding #369 MOTION to Withdraw as Attorney Mark E. Haynes filed by Schaible, Russo & Company, C.P.A.'s, L.L.P.. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 4/14/2023. Text Only Entry (wjmsec, )

April 14, 2023

Filing 369 MOTION to Withdraw as Attorney Mark E. Haynes by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Walker, Julie)

April 14, 2023

Filing 368 NOTICE of Entry of Appearance of Julie M. Walker by Julie M. Walker on behalf of Schaible, Russo & Company, C.P.A.'s, L.L.P.Attorney Julie M. Walker added to party Schaible, Russo & Company, C.P.A.'s, L.L.P.(pty:dft) (Walker, Julie)

February 21, 2023

Filing 367 MOTION for Order to //Defendant Thomas Schaible's Request for Court to Rule on Pending Post-Trial Motions by Defendant Thomas Schaible. (Wells, Hilary)

February 9, 2023

Filing 366 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: This matter is before the court on Defendant-Appellant Thomas Schaible's corrected Petition for En Banc Review and Rehearing. Pursuant to Fed. R. App. P. 40, the petition for panel rehearing is granted as set forth herein. The court's January 17, 2023 order dismissing this appeal is vacated, and the appeal is reinstated. This appeal is abated pending a decision by the district court on Plaintiff-Appellee's pending motion for prejudgment interest and entry of judgment (Doc. No. #341 ) and Appellant's pending motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ). Within 5 days after the district court enters its order(s) disposing of the post-trial motions, the clerk of the district court is directed to supplement the preliminary record in accordance with 10th Cir. R. 3.2(B). (USCA Case No. 22-1421) (trvo, )

January 17, 2023

Filing 365 VACATED ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: Appellant seeks to appeal the district court's entry of final judgment, which he asserts entered by operation of law following the June 7, 2022 entry of a jury verdict in favor of Plaintiff. However, Plaintiff's motion for prejudgment interest remains pending. Because there is more for the district court to do than enter judgment, Fed. R. Civ. P. 58(c)(2) and Fed. R. App. P. 4(a)(7)(A)(ii) are not applicable. Accordingly, no final judgment has entered, and this court lacks jurisdiction to consider this appeal. APPEAL DISMISSED. (USCA Case No. 22-1421) (Attachments: #1 Cover Letter)(trvo, ) Modified on 2/10/2023 to vacate pursuant to #366 Order (trvo, ).

January 4, 2023

Filing 364 REPLY to Response to #349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit A (Transcript), #2 Exhibit B (Transcript), #3 Exhibit C (10th Cir. Motion))(Beckwith, Kendra)

December 30, 2022

Filing 363 NOTICE of Entry of Appearance by Kendra N. Beckwith on behalf of Thomas SchaibleAttorney Kendra N. Beckwith added to party Thomas Schaible(pty:dft) (Beckwith, Kendra)

December 23, 2022

Filing 362 REPORTER TRANSCRIPT ORDER FORM filed by Mary George re: #350 Notice of Appeal. Transcript due by 2/21/2023. (nrich)

December 21, 2022

Filing 360 RESPONSE to #349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit)(Curtis, Cory)

December 19, 2022

Filing 361 ORDER of USCA as to #350 Notice of Appeal filed by Thomas Schaible: A review of Appellant Thomas Schaible's docketing statement and the district court docket has revealed a pending motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. No. #349 ), filed within 28 days after entry of the judgment being appealed. See Fed. R. App. P. 4(a)(4)(i) & 4(a)(7)(A)(ii). As a result, the notice of appeal will not become effective until the district court enters an order disposing of the motion. See Fed. R. App. P. 4(a)(4)(B). Accordingly, this appeal is ABATED. Within 5 days after the district court enters its order disposing of the motion, the clerk of the district court is directed to supplement the preliminary record in accordance with 10th Cir. R. 3.2(B). (USCA Case No. 22-1421) (trvo, )

December 16, 2022

Filing 359 TRANSCRIPT ORDER FORM re #350 Notice of Appeal by Defendant Thomas Schaible (Beckwith, Kendra)

December 14, 2022

Filing 358 Minute ORDER by Magistrate Judge Michael E. Hegarty on 14 December 2022. Before the Court is the Motion to Withdraw filed by Marc D. Flink, Esq., counsel for Plaintiff. Other attorneys will continue to represent Plaintiff. For good cause shown, the Motion #355 is granted. Mr. Flink's representation of Plaintiff in this case is terminated.(cmadr, )

December 13, 2022

Filing 357 MEMORANDUM regarding #355 MOTION to Withdraw as Attorney filed by Dianna Christine Murphy. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 12/13/2022. Text Only Entry (wjmsec, )

December 13, 2022

Filing 356 NOTICE of Entry of Appearance by Laurin D. Quiat on behalf of Dianna Christine MurphyAttorney Laurin D. Quiat added to party Dianna Christine Murphy(pty:pla) (Quiat, Laurin)

December 13, 2022

Filing 355 MOTION to Withdraw as Attorney by Plaintiff Dianna Christine Murphy. (Flink, Marc)

December 9, 2022

Filing 354 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #353 Substitution of Counsel filed by attorney Laurin D. Quiat and Marc D. Flink. Attorney Marc D. Flink attempted to withdraw his appearance from this case by filing a Substitution of Counsel; counsel may seek to withdraw only upon motion and in accordance with the procedures set forth in D.C.COLO.LAttyR 5(b). Attorney Laurin D. Quiat must file an Entry of Appearance in order to be properly added to the case. (Text Only Entry) (trvo, )

December 8, 2022

Filing 353 NOTICE Substitution of Counsel by Plaintiff Dianna Christine Murphy (Quiat, Laurin)

December 5, 2022

Filing 352 USCA Case Number 22-1421 for #350 Notice of Appeal filed by Thomas Schaible. (trvo, )

December 5, 2022

Filing 351 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #350 Notice of Appeal filed by Thomas Schaible to the U.S. Court of Appeals for the Tenth Circuit. (Retained Counsel, Fee paid) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(trvo, )

December 2, 2022

Filing 350 NOTICE OF APPEAL as to #340 Jury Verdict by Defendant Thomas Schaible (Filing fee $ 505, Receipt Number ACODC-8809146) (Wells, Hilary)

December 2, 2022

Filing 349 Renewed MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Defendant Thomas Schaible. (Attachments: #1 Exhibit T, #2 Exhibit 23, #3 Exhibit 7, #4 Exhibit A)(Wells, Hilary)

August 3, 2022

Filing 348 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 8/3/2022. Defendant's Motion to Restrict [filed July 19, 2022; ECF #344 ] is granted. Pursuant to D.C.Colo.LCivR 7.2, the Clerk of Court is directed to maintain ECF #343 under Level One Restricted Access until further order of the Court. (agarc, )

August 2, 2022

Filing 347 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (19-cv-02808-WJM-MEH). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty. (Text only entry) (trvo, )

July 25, 2022

Filing 346 REPLY to Response to #341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1 - Video Deposition of Michael Schaible)(Curtis, Cory) Modified on 7/26/2022 to add text (trvo, ).

July 20, 2022

Filing 345 MEMORANDUM regarding #344 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 7/20/2022. Text Only Entry (wjmsec, )

July 19, 2022

Filing 344 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Wells, Hilary)

July 11, 2022

Filing 343 RESTRICTED DOCUMENT - Level 1: Exhibit A to #342 Response to #341 Motion for Damages Motion for Prejudgment Interest and Entry of Judgment by Defendant Thomas Schaible. (Wells, Hilary) Modified on 7/12/2022 to add title of document (athom, ).

July 11, 2022

Filing 342 RESPONSE to #341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit 7, #2 Exhibit A)(Wells, Hilary)

June 20, 2022

Filing 341 MOTION for Damages Motion for Prejudgment Interest and Entry of Judgment by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

June 7, 2022

Filing 340 JURY VERDICT. (hguer)

June 7, 2022

Filing 339 Jury Verdict - Unredacted - Level 3 - Viewable by Court Only. (hguer)

June 7, 2022

Filing 338 Jury Note. (hguer)

June 7, 2022

Filing 337 Jury Note - Unredacted - Level 3 - Viewable by Court Only. (hguer)

June 7, 2022

Filing 336 Jury Instructions. (hguer)

June 7, 2022

Filing 335 Exhibit List for Jury Trial held 5/31/2022 through 6/7/2022. (hguer)

June 7, 2022

Filing 334 Witness List for Jury Trial held 5/31/2022 through 6/7/2022. (hguer)

June 7, 2022

Filing 333 Redacted Jury Strike Sheet. (hguer)

June 7, 2022

Filing 332 Jury Strike Sheet - Unredacted - Level 3 - Viewable by Court Only. (hguer)

June 7, 2022

Filing 331 MINUTE ENTRY for Jury Trial Day 6 held before Judge William J. Martinez on 6/7/2022. JURY VERDICT. Trial concluded. Court Reporter: Mary George. (hguer)

June 6, 2022

Filing 330 MINUTE ENTRY for Jury Trial Day 5 held before Judge William J. Martinez on 6/6/2022. Granting in part and denying in part #323 Motion for Judgment as a Matter of Law; Granting in part and denying in part #324 Motion for Judgment. Charging Conference. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 330 replaced on 6/7/2022) (hguer).

June 3, 2022

Filing 329 MINUTE ENTRY for Jury Trial Day 4 held before Judge William J. Martinez on 6/3/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 329 replaced on 6/7/2022) (hguer).

June 2, 2022

Filing 328 MINUTE ENTRY for Jury Trial Day 3 held before Judge William J. Martinez on 6/2/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer) (Main Document 328 replaced on 6/7/2022) (hguer).

June 2, 2022

Filing 327 RESPONSE to #323 MOTION for Judgment as a Matter of Law filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

June 2, 2022

Filing 326 RESPONSE to #324 MOTION for Judgment As a Matter of Law Pursuant to Fed. R. Civ. P. 50(A) filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

June 1, 2022

Filing 325 MINUTE ENTRY for Jury Trial Day 2 held before Judge William J. Martinez on 6/1/2022. Evidence entered. Taking under advisement Defendants' #323 and #324 Motion for Judgment. Trial continued. Court Reporter: Mary George. (hguer)

June 1, 2022

Filing 324 MOTION for Judgment As a Matter of Law Pursuant to Fed. R. Civ. P. 50(A) by Defendant Thomas Schaible. (Wells, Hilary)

June 1, 2022

Filing 323 MOTION for Judgment as a Matter of Law by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)

May 31, 2022

Filing 322 MINUTE ENTRY for Jury Trial Day 1 held before Judge William J. Martinez on 5/31/2022. Evidence entered. Trial continued. Court Reporter: Mary George. (hguer)

May 31, 2022

Filing 321 ORDER: This matter is before the Court on Plaintiff's oral motion for authorization to communicate with members of the jury in this case. Pursuant to Local Civil Rule 47.2 the Motion is GRANTED. Such communications with the jury are authorized under the following restrictions, which will be strictly enforced:(1) only counsel may speak with the jurors; (2) the communication may only take place after the conclusion of the trial; (3) the communication may ONLY occur within this courtroom; (4) and ONLY with those jurors who voluntarily choose to return into the courtroom to speak with the lawyers after I meet with them; and (5) there will be NO communication with a juror after that juror has left this courtroom. The intent of this Order is to provide counsel with the opportunity to discuss with jurors what transpired in the jury's presence in the courtroom, and to receive input from them which may assist counsel in improving their trial skills in future cases. Accordingly, counsel's communications with the jurors will be restricted to these topics. This Order is NOT intended to give counsel the opportunity to make inquiry into the jury's deliberations or to examine with them the validity or consistency of their verdict. Accordingly, counsel are prohibited from discussing with jurors: (a) facts or information which were not received into evidence; (b) the content of the jury's deliberations; or (c) the reasons the jury returned the verdict that it did. Any attorney violating any of these restrictions is subject to being held in contempt of Court. SO ORDERED by Judge William J. Martinez on 5/31/2022. Text Only Entry (wjmsec, )

May 27, 2022

Filing 320 Proposed Jury Instructions - Defendants' Amended Disputed and Additional Jury Instructions by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

May 25, 2022

Filing 319 Witness List AMENDED by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

May 25, 2022

Filing 318 Exhibit List AMENDED by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

May 25, 2022

Filing 317 Exhibit List AMENDED by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 25, 2022

Filing 316 Witness List AMENDED by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 19, 2022

Filing 315 RULINGS ON #310 & #311 OBJECTIONS TO DEPOSITION DESIGNATIONS of Michael Schaible and John Schaible by Judge William J. Martinez on 5/19/2022. (trvo, )

May 19, 2022

Filing 314 MINUTE ORDER: On May 11, 2022, this court granted in part and denied in part Defendants' Motion to Restrict #298 , see #307 , and ordered Defendants to file a renewed Motion to Restrict, should they continue to seek restriction of [Doc. 269], by May 16, 2022. No such renewed Motion to Restrict was filed by the May 16, 2022 deadline. Accordingly, the Clerk of Court is DIRECTED to unrestrict [Doc. 269]. By Magistrate Judge Nina Y. Wang on 5/19/2022. Text Only Entry (nywlc3, )

May 18, 2022

Filing 313 STATEMENT re #305 Trial Preparation Conference Defendants Proposed Statement of the Case by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

May 18, 2022

Filing 312 STATEMENT Plaintiff's Proposed Statement of the Case by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 16, 2022

Filing 311 ERRATA to Joint Submission of Deposition Designations Pursuant to WJM Revised Practice Standard V.G by Defendant Thomas Schaible. (Attachments: #1 Deposition Excerpts Corrected-Michael Schaible Designations Counter-designations and Objections)(Wells, Hilary)

May 16, 2022

Filing 310 DESIGNATION OF DEPOSITION TESTIMONY Pursuant to WJM Revised Practice Standard V.G by Defendant Thomas Schaible. (Attachments: #1 Deposition Excerpts Michael Schaible Deposition Testimony, #2 Deposition Excerpts John Schaible Deposition Testimony)(Wells, Hilary)

May 13, 2022

Filing 309 Proposed Jury Instructions Plaintiff Dianna Christine Murphy's Resubmission of Disputed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 13, 2022

Filing 308 Proposed Jury Instructions Resubmission of Stipulated Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 11, 2022

Filing 307 MINUTE ORDER by Magistrate Judge Nina Y. Wang on May 11, 2022. For the foregoing reasons, IT IS ORDERED that: (1) Defendant's Motion to Restrict #298 is GRANTED IN PART AND DENIED IN PART; and (2) The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for #269 and #271 ; and (3) Should Defendants continue to seek restriction of the Petition, #269 , Defendants shall file a renewed Motion to Restrict, with a proposed redacted version of that document, on or before May 16, 2022.(csarr, )

May 10, 2022

Filing 306 ORDER. Defendants' Joint Motion in Limine (ECF No. #268 ) is DENIED. Plaintiff's Motion in Limine (ECF No. #266 ) is GRANTED IN PART AND DENIED IN PART, as set forth herein. SO ORDERED by Judge William J. Martinez on 5/10/2022.(trvo, )

May 6, 2022

Filing 305 MINUTE ENTRY for Final Trial Preparation Conference held before Judge William J. Martinez on 5/6/2022. Court Reporter: Terri Lindblom. (hguer)

May 5, 2022

Filing 304 Exhibit List Amended Final List of Proposed Exhibits by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 4, 2022

Filing 303 ORDER: This matter is before the Court sua sponte. The parties' witness lists reflect that the parties plan to utilize deposition testimony for a number of witnesses at trial. Given the extraordinarily complex nature of this case, the undersigned's Revised Practice Standard V.G is AMENDED for purposes of this case only. To the extent any party objects to any party's deposition designations, the parties' jointly filed transcript of the final designated deposition testimony (along with any relevant objections) must be filed with the Court no later than 9:00 AM MDT on Monday, May 16, 2022. These designations MUST comply in all respects with Revised Practice Standard V.G., and in particular RPS V.G.3. Counsel are on notice that failure to timely comply with this Order in all respects will result in the exclusion of such deposition testimony from the evidence at trial. SO ORDERED by Judge William J. Martinez on 5/4/2022. Text Only Entry (wjmlc2)

May 3, 2022

Filing 302 ORDER: This matter is before the Court on Plaintiff Diana Christine Murphy's Motion for Sanctions #278 . The Motion is GRANTED IN PART and DENIED IN PART. To the extent she chooses to do so, Plaintiff is granted leave, for good cause shown, to file an amended final exhibit list containing the exhibits at issue in the Motion on or before May 5, 2022. The Motion is denied in all other respects. SO ORDERED by Judge William J. Martinez on 5/3/2022. Text Only Entry(wjmlc2)

May 2, 2022

Filing 301 RESTRICTED DOCUMENT - Level 1: Exhibit D to #300 Response by Defendant Thomas Schaible.. (Wells, Hilary) Modified on 5/3/2022 to add document title (trvo, ).

May 2, 2022

Filing 300 RESPONSE to 279 MOTION for Sanctions filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wells, Hilary)

May 2, 2022

Filing 299 MEMORANDUM regarding #298 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 5/2/2022. Text Only Entry (wjmsec, )

April 29, 2022

Filing 298 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 297 NOTICE Defendants Notice Pursuant to WJM Revised Practice Standard IV.B.4.E by Defendant Thomas Schaible (Wells, Hilary)

April 29, 2022

Filing 296 Witness List Defendants Final Witness List by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 295 Exhibit List Defendants Joint Exhibit List by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 294 Proposed Voir Dire Defendants Joint Proposed Voir Dire Questions by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 293 STATEMENT Defendants Joint Proposed Statement of the Case by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 292 Proposed Jury Instructions Defendants Joint Objections to Plaintiffs Disputed Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 291 Proposed Verdict Form Defendants Joint Proposed Verdict Form by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 290 Proposed Jury Instructions Defendants Disputed and Additional Proposed Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 289 Proposed Jury Instructions Stipulated Jury Instructions by Defendant Thomas Schaible. (Wells, Hilary)

April 29, 2022

Filing 288 Witness List by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 287 Exhibit List by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 286 Proposed Jury Instructions Statement of Issues and Motions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 285 Proposed Voir Dire by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 284 Proposed Verdict Form by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 283 Proposed Jury Instructions Proposed Statement of the Case by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 282 Proposed Jury Instructions Objections to Defendant Schaible's Disputed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 29, 2022

Filing 281 Proposed Jury Instructions by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 28, 2022

Filing 280 ORDER: This matter is before the Court on Plaintiff Diana Christine Murphy's Motion for Sanctions #278 . Defendants are DIRECTED to file a response to the Motion on or before Monday, May 2, 2022. After receiving Defendants' response, the Court will determine whether it needs a reply brief and/or a hearing on the Motion. SO ORDERED by Judge William J. Martinez on 4/28/2022. Text Only Entry (wjmlc2)

April 27, 2022

Filing 279 MOTION for Sanctions by Plaintiff Dianna Christine Murphy. (Public entry for Restricted Document #278 ) (Text Only Entry) (trvo, )

April 27, 2022

Filing 278 RESTRICTED DOCUMENT - Level 1: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Curtis, Cory)

April 25, 2022

Filing 277 RESPONSE to #266 MOTION in Limine Defendants Response to Plaintiff Dianna Christine Murphys Motion in Limine filed by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

April 25, 2022

Filing 276 ORDER granting Defendant Thomas Schaibles' Motion for Permission for Kate DiGeronimo to Appear Telephonically at May 6, 2022 Final Trial Preparation Conference #274 . Defendant Schabile's Motion is GRANTED for good cause shown. Attorney Kate Digeronimo is granted leave to appear at the Final Trial Preparation Conference set for May 6, 2022 at 2:00 p.m. via telephone. Ms. Digeroimo must contact Chambers via email at martinez_chambers@cod.uscourts.gov on or before May 4, 2022 to provide a land line telephone number to be used for the conference call that Chambers will initiate. SO ORDERED by Judge William J. Martinez on 4/25/2022. Text Only Entry(wjmsec, )

April 25, 2022

Filing 275 RESPONSE to #268 Joint MOTION in Limine filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

April 25, 2022

Filing 274 MOTION for Leave to Appear by telephone for May 6, 2022 Final Pre Trial Conference by Defendant Thomas Schaible. (Attachments: #1 Proposed Order (PDF Only))(DiGeronimo, Kate)

April 22, 2022

Filing 273 ORDER: This matter is before the Court on the Joint Motion of the Parties to Extend the Deadline for Filing Jury Instructions and Verdict Forms #272 . The Parties' Motion is subject to being summarily stricken, 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 and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. Solely in the interest of justice, however, the Motion is GRANTED. All trial receivables due under this Court's Revised Practice Standards VI.B.1, VI.C-D, VI.A and VI.B.3, including stipulated and disputed jury instructions, and objections to the other parties' disputed jury instructions, shall be filed no later than April 29, 2022. NO FURTHER EXTENSIONS OF ANY OF THESE DEADLINES WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 4/22/2022. Text Only Entry(wjmsec, )

April 21, 2022

Filing 272 Joint MOTION for Extension of Time to File Jury Instructions and Verdict Forms by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Wells, Hilary)

April 18, 2022

Filing 271 RESTRICTED DOCUMENT - Level 1: CORRECTED Exhibit A to #268 Joint Motion in Limine by Defendant Thomas Schaible. (Wells, Hilary) Modified on 4/18/2022 to add title of document (athom, ).

April 18, 2022

Filing 270 ORDER: This matter is before the Court on Defendants' Joint Motion in Limine #268 . Plaintiff has up to and including April 25, 2022 within which to file a Response to Defendants' Joint Motion in Limine in conformity with WJM Revised Practice Standard III.G.2. Per this Court's Revised Practice Standards, no Reply Brief will be accepted. SO ORDERED by Judge William J. Martinez on 192808. Text Only Entry (wjmsec, )

April 15, 2022

Filing 269 Exhibit A to #268 Joint Motion in Limine by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P. (Wells, Hilary) Modified on 4/18/2022 to add title of document and to note that counsel has re-filed a corrected Exhibit at doc. #271 (athom, ). Modified on 5/19/2022 to correct docket text. (alave, ).

April 15, 2022

Filing 268 Joint MOTION in Limine by Defendants Thomas Schaible, Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, Hilary)

April 15, 2022

Filing 267 ORDER: This matter is before the Court on Plaintiff Dianna Christine Murphy's Motion in Limine #266 . Plaintiff has up to and including April 25, 2022 within which to file a Response to Plaintiff's Motion in Limine in conformity with WJM Revised Practice Standard III.G.2. Per this Court's Revised Practice Standards, no Reply Brief will be accepted. SO ORDERED by Judge William J. Martinez on 4/15/2022. Text Only Entry (wjmsec, )

April 15, 2022

Filing 266 MOTION in Limine by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

March 31, 2022

Filing 265 ORDER denying Defendant Thomas Schaible's Motion for an Order Setting a Settlement Conference Pursuant to D.C.COLO.LCivR 16.6 #262 : In light of Plaintiff's opposition to Defendant's Motion #263 , said Motion is DENIED. SO ORDERED by Judge William J. Martinez on 3/31/2022. Text Only Entry(wjmsec, )

March 29, 2022

Filing 264 NOTICE of Non-Objection to Motion for An Order Setting A Settlement Conference Pursuant to D.C.COLO.L.CIV.R 16.6 by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P. (Haynes, Mark)

March 29, 2022

Filing 263 RESPONSE to #262 MOTION for Hearing/Conference requesting a settlement conference filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

March 28, 2022

Filing 262 MOTION for Hearing/Conference requesting a settlement conference by Defendant Thomas Schaible. (Temkin, Barry)

March 7, 2022

Filing 261 LETTER re: 235 Memorandum, by Defendant Thomas Schaible. (Temkin, Barry)

March 2, 2022

Filing 260 MINUTE ORDER: The Unopposed Motion to Extend Deadline to take Preservation Depositions of Three Witnesses in Mexico #257 is GRANTED. The deadline to conduct the depositions of John Schaible, Michael Schaible, and Gustavo Echeveste is EXTENDED from 3/3/2022 to 3/11/2022. By Magistrate Judge Nina Y. Wang on 3/2/2022. Text Only Entry (nywlc3, )

March 2, 2022

Filing 259 MEMORANDUM regarding #257 Unopposed MOTION for Extension of Time to extend deadline as requested in Doc # 256 filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/2/2022. Text Only Entry (wjmsec, )

March 2, 2022

Filing 258 ORDER Denying #250 Defendant Thomas Schaible's Motion for a Stay of Trial by Judge William J. Martinez on 3/2/2022.(trvo, )

March 1, 2022

Filing 257 Unopposed MOTION for Extension of Time to extend deadline as requested in Doc # 256 by Defendant Thomas Schaible. (Temkin, Barry)

March 1, 2022

Filing 256 STIPULATION for Extension of Time to Take Preservation Depositions of Three Witnesses from Mexico by Defendant Thomas Schaible. (Temkin, Barry)

February 22, 2022

Filing 255 RESTRICTED DOCUMENT - Level 1: Exhibit 1 to #254 Response by Plaintiff Dianna Christine Murphy. (Curtis, Cory) Modified on 2/23/2022 to add document title (trvo, ).

February 22, 2022

Filing 254 RESPONSE to #250 MOTION to Stay Trial filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 2 - Ltr from Gustavo re POA 8.24.20, #2 Exhibit 3 - 10.29.20 email from Gustavo Escheveste re Baja Vacations, #3 Exhibit 4 - Gomez Declaration)(Curtis, Cory)

February 16, 2022

Filing 253 JOINDER re #250 MOTION to Stay Trial by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Attachments: #1 Exhibit A Russo Declaration)(Haynes, Mark)

February 15, 2022

Filing 252 ORDER: This matter is before the Court on Defendant Thomas Schaible's Motion for a Stay of Trial #250 . The Plaintiff and Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P., are DIRECTED to file a Response to Defendant Thomas Schaible's Motion #250 on or before February 22, 2022. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 2/15/2022. Text Only Entry (wjmsec, )

February 15, 2022

Filing 251 MOTION to Stay re #250 MOTION to Stay Trial Declaration of Thomas Schiable by Defendant Thomas Schaible. (Temkin, Barry)

February 15, 2022

Filing 250 MOTION to Stay Trial by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Temkin, Barry)

February 8, 2022

Filing 249 Witness List Updated by Defendant Thomas Schaible. (Temkin, Barry)

February 7, 2022

Filing 248 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 02/07/2022. IT IS ORDERED that: Defendant's Motion to Restrict #245 is GRANTED; and The Clerk of the Court is DIRECTED to MAINTAIN a Level 1 Restriction for #242 .(alave, )

February 1, 2022

Filing 247 ORDER by Magistrate Judge Nina Y. Wang on 02/01/2022. It is ORDERED that: Defendant Schaible's Motion in Support of Taking Testimony De Bene Esse to Preserve the Testimony of Three Witnesses from Mexico #234 is GRANTED; Defendant Schaible is ORDERED to file a revised witness list within seven days of this Order; Discovery is re-opened for the limited purpose of permitting Defendant Schaible leave to take preservation depositions of John Schaible, Michael Schaible, and Gustavo Echeveste within 30 days of the date of this Order; and All other case deadlines REMAIN SET. (alave, )

January 31, 2022

Filing 246 MEMORANDUM regarding #245 MOTION for Leave to Restrict filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/31/2022. Text Only Entry (wjmsec, )

January 31, 2022

Filing 245 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)

January 27, 2022

Filing 244 Exhibit List Revised by Defendant Thomas Schaible. (Temkin, Barry)

January 24, 2022

Filing 243 ORDER Denying #213 Plaintiff's Motion to Strike Defendant Thomas Schaible's Improperly Disclosed Witness Pursuant to Fed. R. Civ. P. 37(c) and Granting #229 Defendant Schaible's Motion for Leave to Amend Final Pretrial Order to Add Additional Documents from the Plaintiff's Divorce Case in Mexico. Plaintiff is GRANTED LEAVE to take the depositions solely of John and Maria Schaible on or before February 28, 2022. Defendant Schaible is DIRECTED to file his revised exhibit list on or before January 31, 2022. SO ORDERED by Judge William J. Martinez on 1/24/2022.(trvo, )

January 12, 2022

Filing 242 RESTRICTED DOCUMENT - Level 1: Exhibit A to #241 REPLY to Response by Defendant Thomas Schaible.. (Temkin, Barry) Modified on 1/12/2022 to add document title and linkage. (sphil, ).

January 12, 2022

Filing 241 REPLY to Response to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Defendant Thomas Schaible. (Attachments: #1 Exhibit B)(Temkin, Barry)

January 6, 2022

Filing 240 NOTICE of Change of Address/Contact Information by Cory Murray Curtis (Curtis, Cory)

January 3, 2022

Filing 239 MINUTE ORDER: The Unopposed Motion for Extension of Time to File Reply in Support of Motion for De Bene Esse Testimony #237 filed by Defendant Thomas Schaible is hereby GRANTED. Defendant Schaible shall file his reply on or before January 12, 2022. No further extensions will be granted absent extraordinary circumstances. By Magistrate Judge Nina Y. Wang on 1/3/2022. Text Only Entry (nywlc3, )

December 29, 2021

Filing 238 MEMORANDUM regarding #237 Unopposed MOTION for Extension of Time to File Response/Reply as to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/29/2021. Text Only Entry (wjmsec, )

December 29, 2021

Filing 237 Unopposed MOTION for Extension of Time to File Response/Reply as to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE by Defendant Thomas Schaible. (DiGeronimo, Kate)

December 22, 2021

Filing 236 RESPONSE to #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Curtis, Cory)

December 3, 2021

Filing 235 MEMORANDUM regarding #234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE filed by Thomas Schaible. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/3/2021. Text Only Entry (wjmsec, )

December 1, 2021

Filing 234 MOTION for Discovery in Support of Taking Testimony DE BENE ESSE by Defendant Thomas Schaible. (Temkin, Barry)

September 7, 2021

Filing 233 NOTICE of Change of Address by Defendant Thomas Schaible (Wells, Hilary)

September 2, 2021

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

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

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

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

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

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

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

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

Filing 224 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)

June 4, 2021

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

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

Filing 221 MOTION for Hearing/Conference re #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)

June 1, 2021

Filing 220 RESTRICTED DOCUMENT - Level 1: by Defendant Thomas Schaible.. (Attachments: #1 Exhibit A)(DiGeronimo, Kate)

May 26, 2021

Filing 219 LETTER re: #216 Status Conference,, Set/Reset Hearings, by Defendant Thomas Schaible. (Temkin, Barry)

May 26, 2021

Filing 218 STIPULATION by Defendant Thomas Schaible. (Temkin, Barry)

May 25, 2021

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

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

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

Filing 214 NOTICE of Entry of Appearance by Barry R. Temkin on behalf of Thomas Schaible (Temkin, Barry)

May 10, 2021

Filing 213 MOTION to Strike Defendant Thomas Schaibles Improperly Disclosed Witnesses by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

May 5, 2021

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

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

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

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

Filing 208 FINAL PRETRIAL ORDER entered by Magistrate Judge Nina Y. Wang on 4/9/2021. (bwilk, )

April 9, 2021

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

Filing 206 Proposed Pretrial Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit)(Curtis, Cory)

March 22, 2021

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

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

Filing 203 REPLY to Response to 181 MOTION to Exclude filed by Defendant Thomas Schaible. (Temkin, Barry)

December 29, 2020

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

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

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

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

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

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

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

Filing 195 MOTION for Leave to Restrict by Defendant Thomas Schaible. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiGeronimo, Kate)

December 16, 2020

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

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

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

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

Filing 191 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)

December 15, 2020

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

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

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

Filing 187 Proposed Pretrial Order Revising Docket #183 by Defendant Thomas Schaible. (DiGeronimo, Kate)

December 14, 2020

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

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

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

Filing 183 Proposed Pretrial Order by Defendant Schaible, Russo & Company, C.P.A.'s, L.L.P.. (Haynes, Mark)

December 9, 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 166 RESPONSE to 149 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

November 12, 2020

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

Filing 164 RESPONSE to 147 MOTION for Summary Judgment filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

November 9, 2020

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

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

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

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

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

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

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

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

Filing 155 MOTION for Extension of Time to hold Pretrial Conference by Defendant Thomas Schaible. (Temkin, Barry)

November 2, 2020

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

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

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

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

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

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

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

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

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

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

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

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

Filing 142 Amended MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)

October 15, 2020

Filing 141 Unopposed MOTION for Extension of Time to file Dispositive Motions by Defendant Thomas Schaible. (Temkin, Barry)

October 6, 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 126 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)

September 14, 2020

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

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

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

Filing 122 MOTION for Leave to Restrict by Defendant Thomas Schaible. (DiGeronimo, Kate)

September 4, 2020

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

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

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

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

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

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

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

Filing 114 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

August 28, 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 99 LETTER re: 98 Minute Order,,,,,, by Defendant Thomas Schaible. (DiGeronimo, Kate)

August 5, 2020

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

Filing 97 Exhibits in Support of #96 Amended Answer to Complaint by Defendant Thomas Schaible. (Temkin, Barry)

May 29, 2020

Filing 96 AMENDED ANSWER to #33 Amended Complaint, with Jury Demand by Defendant Thomas Schaible. (Temkin, Barry)

May 22, 2020

Filing 95 ANSWER to #33 Amended Complaint, by Schaible, Russo & Company, C.P.A.'s, L.L.P..(Haynes, Mark)

May 13, 2020

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

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

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

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

Filing 90 ANSWER to #33 Amended Complaint, by Thomas Schaible.(Temkin, Barry)

May 11, 2020

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

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

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

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

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

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

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

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

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

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

Filing 79 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

March 31, 2020

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

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

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

Filing 75 ORDER denying #55 Defendants' Motion to Stay Discovery, by Magistrate Judge Nina Y. Wang on 2/26/20.(nmarb, )

February 26, 2020

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

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

Filing 72 MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

February 19, 2020

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

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

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

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

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

Filing 66 BRIEF in Opposition to #55 MOTION to Stay Discovery filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

February 3, 2020

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

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

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

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

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

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

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

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

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

Filing 56 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Exhibit 1)(Curtis, Cory)

January 21, 2020

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

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

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

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

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

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

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

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

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

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

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

Filing 44 Unopposed MOTION for Leave to Restrict by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)

January 6, 2020

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

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

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

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

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

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

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

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

Filing 35 RESPONSE to #20 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

December 23, 2019

Filing 34 RESTRICTED DOCUMENT - Level 1: by Plaintiff Dianna Christine Murphy.. (Attachments: #1 Declaration of Cory M. Curtis)(Curtis, Cory)

December 23, 2019

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

Filing 32 RESPONSE to #29 MOTION for Leave to Restrict filed by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

December 18, 2019

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

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

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

Filing 28 STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 12/16/19. (nmarb, )

December 13, 2019

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

Filing 26 Joint MOTION for Protective Order by Plaintiff Dianna Christine Murphy. (Attachments: #1 Proposed Order (PDF Only))(Curtis, Cory)

December 3, 2019

Filing 25 SCHEDULING ORDER by Magistrate Judge Nina Y. Wang on 12/3/19. (nmarb, )

December 3, 2019

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

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

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

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

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

Filing 19 Proposed Scheduling Order by Plaintiff Dianna Christine Murphy. (Curtis, Cory)

November 26, 2019

Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dianna Christine Murphy All parties do not consent.. (Curtis, Cory)

November 25, 2019

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

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

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

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

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

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

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

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

Filing 9 SUMMONS Returned Executed by Dianna Christine Murphy. All Defendants. (Attachments: #1 Exhibit A)(Curtis, Cory)

October 22, 2019

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

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

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

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

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

Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )

October 1, 2019

Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cmadr, )

October 1, 2019

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)

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
Represented By:	Hilary Dawn Wells
Represented By:	Julie M. Walker
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Defendant: Thomas Schaible
Represented By:	Kate Elizabeth DiGeronimo
Represented By:	Barry R. Temkin
Represented By:	Hilary Dawn Wells
Represented By:	Kendra N. Beckwith
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Plaintiff: Dianna Christine Murphy
Represented By:	Cory Murray Curtis
Represented By:	Marc David Flink
Represented By:	Laurin D. Quiat
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