Toll v. North
| Jeffrey Warren Toll |
| Levi North and Bennett Reeber |
| 1:2022cv03135 |
| December 5, 2022 |
| US District Court for the District of Colorado |
| John L Kane |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| None |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 Civil case terminated pursuant to the Notice of Voluntary Dismissal Without Prejudice #45 filed by Plaintiff Jeffrey Warren Toll. The Scheduling Conference set for January 4, 2023, is VACATED. Text Only Entry. (jtorr, ) |
| Filing 45 NOTICE of Voluntary Dismissal of Case Without Prejudice by Plaintiff Jeffrey Warren Toll (VerStandig, Maurice) |
| Filing 44 NOTICE of Entry of Appearance by Marc A. Burton on behalf of Levi North (Burton, Marc) |
Filing 43
MINUTE ORDER SETTING SCHEDULING CONFERENCE. This case is set for an IN PERSON Scheduling Conference at 10:30 a.m. on Wednesday, January 4, 2023, before Judge John L. Kane in Courtroom A802 on the 8th Floor of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties shall prepare and file a Stipulated Scheduling and Discovery Order on or before Wednesday, December 28, 2022. See instructions for proper formatting of this order in Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website at http://www.cod.uscourts.gov/Home.aspx (Select Judge Kane under "Judicial Officers," "Senior Article III Judges"). A form of order is also available on the website, and the parties' proposed Scheduling Order should follow the example provided, which is different from those used by magistrate and other judges of this court. Judge Kane requests that an editable version of the Stipulated Scheduling Order be emailed to chambers as well, at Kane_Chambers@cod.uscourts.gov. Counsel and pro se litigants shall read and strictly adhere to all instructions in the Judge's Pretrial and Trial Procedures Memorandum. Particular attention is called to Part III, regarding motions for summary judgment. The federal rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Ordered by Judge John L. Kane on 12/6/2022. Text Only Entry (jlksec)
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| Filing 41 Case assigned to Judge John L. Kane and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, ) |
| Filing 40 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
| Filing 39 Case transferred in from District of Florida Southern; Case Number 0:21-cv-62527. File, transfer order and docket sheet received (Additional attachment(s) added on 12/6/2022: #2 Updated Docket Sheet from USDC Southern District of Florida) (agarc, ). |
| Filing 38 REPLY to #29 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint, with Incorporated Memorandum of Law by Levi North. (Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 37
SCHEDULING ORDER. Signed by Magistrate Judge Patrick M. Hunt on 11/15/2022. See attached document for full details. (bse) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 36 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Scheduling Conference held on 11/14/2022. Total time in court: 10 minutes. Scheduling Order to follow. Attorney Appearance(s): Marc A Burton and Maurice Belmont VerStandig. (bse) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 35 RESPONSE in Opposition re #29 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint, with Incorporated Memorandum of Law filed by Jeffrey Warren Toll. Replies due by 11/21/2022. (VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 34 Joint SCHEDULING REPORT - Rule 16.1 by Levi North (Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 33
PAPERLESS ORDER granting #32 Plaintiffs Consent Motion to Extend Time to Oppose Defendant Levi Norths Motion to Dismiss and/or Strike. Plaintiff shall respond to Defendant Norths Motion to Dismiss and/or Strike on or before November 14, 2022. Signed by Judge James I. Cohn on 11/3/2022. (pjn) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 32 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #29 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint, with Incorporated Memorandum of Law by Jeffrey Warren Toll. (Attachments: #1 Text of Proposed Order)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 31
ORDER SETTING EVIDENTIARY HEARING: Evidentiary Hearing set for 1/12/2023 9:30 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Signed by Senior Judge James I. Cohn on 10/25/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 30 REPLY to Response to Motion re #22 MOTION to Vacate #9 Clerk's Entry/Non-Entry of Default, #19 Order on Motion for Default Judgment, #7 Summons Returned Executed, filed by Bennett Reeber. (Gulisano, Michael) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 29 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, ( Responses due by 11/3/2022), MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 11/3/2022), MOTION to Strike #1 Complaint, with Incorporated Memorandum of Law by Levi North. (Attachments: #1 Exhibit A - Declaration of Levi North, #2 Exhibit B - ICANN Search for VerStandig Law Firm, #3 Exhibit C - ICANN Search for Florida Supreme Court, #4 Exhibit D - ICANN Search for Official Site of Florida Governor Ron DeSantis, #5 Exhibit E - ICANN Search for Campaign Site for Charlie Crist, #6 Exhibit F - ICANN Search for American Red Cross, #7 Exhibit G - ICANN Search for Susan G. Women Foundation for Breast Cancer Awareness)(Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 28
PAPERLESS ORDER granting #27 Motion for Extension of Time and Motion to Continue. The Scheduling Conference will be rescheduled to 11/14/2022 at 10:00 a.m. by separate order. Signed by Magistrate Judge Patrick M. Hunt on 10/20/2022. (bse) [Transferred from Florida Southern on 12/5/2022.]
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| Set/Reset Hearings: Scheduling Conference set for 11/14/2022 10:00 a.m. before Magistrate Judge Patrick M. Hunt. Any certification or joint report shall be filed no later than November 10, 2022. (bse) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 27 Joint MOTION for Extension of Time to file Joint Conference Report or Certification re #26 Order Setting/Cancelling Hearing,, MOTION to Continue re #26 Order Setting/Cancelling Hearing, by Levi North. Responses due by 11/1/2022 (Attachments: #1 Exhibit A - 10/17/22 Order in Florida Democratic Party v. Byrd, #2 Exhibit B - 10/17/22 Order of Florida Fourth District Court of Appeals)(Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 26
Order Setting Scheduling Conference: Scheduling Conference set for 10/26/2022 at 10:00 a.m. before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 10/17/2022. See attached document for full details. (bse) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 25 RESPONSE in Opposition re #22 MOTION to Vacate #9 Clerk's Entry/Non-Entry of Default, #19 Order on Motion for Default Judgment, #7 Summons Returned Executed, filed by Jeffrey Warren Toll. Replies due by 10/24/2022. (Attachments: #1 Exhibit A - Affidavit of Service of Eric Knowings, #2 Affidavit of Jeffrey Toll)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 24
ORDER GRANTING MOTION TO VACATE FINAL DEFAULT JUDGMENT AND CLERK'S DEFAULT, REOPENING CASE, AND REFERRING CASE TO UNITED STATES MAGISTRATE FOR SCHEDULING MATTERS AND PRETRIAL DISCOVERY MATTERS:GRANTING #23 Motion to Vacate. The Clerk's Default entered against Defendant Levi North DE #17 is VACATED. The Final Default Judgment DE #19 is VACATED solely as to Defendant Levi North. The Clerk of Court is directed to REOPEN this case. Calendar Call set for 7/13/2023 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Jury Trial set for 7/17/2023 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Signed by Senior Judge James I. Cohn on 10/4/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 12/5/2022.]
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| Per Order at DE #24 Magistrate Judge Patrick M. Hunt added as Referral for all Discovery Matters. Magistrate Judge Jared M. Strauss no longer assigned to case. Answer Due Deadline: Levi North shall respond to the Complaint on or before 10/24/2022. (mab) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 23 Defendant's MOTION to Vacate #17 Clerk's Entry/Non-Entry of Default, #19 Order on Motion for Default Judgment, and for Entry of Agreed Order ( Responses due by 10/17/2022), MOTION to Reopen Case by Levi North. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - USPS Tracking for Residential Address, #3 Exhibit C - USPS Tracking for PO Box)(Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 22 MOTION to Vacate #9 Clerk's Entry/Non-Entry of Default, #19 Order on Motion for Default Judgment, #7 Summons Returned Executed, by Bennett Reeber. Responses due by 10/17/2022 (Attachments: #1 Affidavit, #2 Exhibit)(Gulisano, Michael) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 21 NOTICE of Attorney Appearance by Marc A Burton on behalf of Levi North. Attorney Marc A Burton added to party Levi North(pty:dft). (Burton, Marc) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 20 NOTICE of Attorney Appearance by Michael Gulisano on behalf of Bennett Reeber. Attorney Michael Gulisano added to party Bennett Reeber(pty:dft). (Gulisano, Michael) [Transferred from Florida Southern on 12/5/2022.] |
| Answer Due deadline terminated per order at DE #19 . (mab) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 19
(VACATED solely as to Defendant Levi North per Order at DE #24 ) FINAL DEFAULT JUDGMENT: GRANTING #18 Motion for Default Judgment in favor of Jeffrey Warren Toll against Bennett Reeber and Levi North. The Clerk shall CLOSE this case. Signed by Senior Judge James I. Cohn on 8/31/2022. See attached document for full details. (mab) Modified Text on 10/4/2022 (mab). [Transferred from Florida Southern on 12/5/2022.]
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| Filing 18 MOTION for Default Judgment by Jeffrey Warren Toll. (Attachments: #1 Affidavit of Jeffrey Warren Toll)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 17 (VACATED per Order at DE #24 )Clerk's Entry of Default as to Levi North - Motions Terminated: #16 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 7/11/2022. (mee) Modified Text on 10/4/2022 (mab). [Transferred from Florida Southern on 12/5/2022.] |
| Filing 16 MOTION for Clerk's Entry of Default as to Levi North by Jeffrey Warren Toll. (VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Warren Toll. Levi North served on 5/18/2022, response/answer due 6/8/2022. (Attachments: #1 Exhibit A - Third Party Vendor Affidavit, #2 Exhibit B - E-mail to L. North)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 14
ORDER GRANTING MOTION FOR SUBSTITUTED SERVICE OF PROCESS, granting #13 Motion for Service by Publication. Signed by Senior Judge James I. Cohn on 5/5/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 13 MOTION for Service by Publication Substituted Service of Process by Jeffrey Warren Toll. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 12
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO SERVE DEFENDANT, granting #11 Motion for Extension of Time. Plaintiff shall serve Defendant North on or before May 17, 2022. Signed by Senior Judge James I. Cohn on 3/21/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 11 MOTION for Extension of Time to serve Levi North re #10 Order to Show Cause, #4 Summons Issued by Jeffrey Warren Toll. Responses due by 4/4/2022 (Attachments: #1 Exhibit A - Non-Service Return, #2 Exhibit B - Non-Service Return, #3 Exhibit C - Declaration of M. VerStandig, #4 Exhibit D - Non-Service Return)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 10
ORDER TO SHOW CAUSE. Show Cause Response due by 3/22/2022. Signed by Senior Judge James I. Cohn on 3/14/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 12/5/2022.]
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| Filing 9 Clerks Entry of Default as to Bennett Reeber. Motions Terminated: #8 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 3/14/2022. (lbc) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 8 MOTION for Clerks Entry of Default as to Bennett Reeber by Jeffrey Warren Toll. (VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Warren Toll. Bennett Reeber served on 1/29/2022, response/answer due 2/22/2022. (VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 6 NOTICE by Jeffrey Warren Toll of E-mail Threat to Counsel (Attachments: #1 Exhibit A - Email) (VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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Filing 5
ORDER SETTING CALENDAR CALL AND TRIAL DATE, AND ORDER OF REFERENCE TO UNITED STATES MAGISTRATE FOR SCHEDULING MATTERS AND PRETRIAL DISCOVERY MATTERS: ( Jury Trial set for 10/24/2022 at 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn., Calendar Call set for 10/20/2022 at 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for appropriate disposition of all pro hac vice motions, and all pretrial discovery motions, and all motions that relate directly to these motions, such as motions for extension of time, motions for reconsideration, motions for sanctions, and motions for mental or physical examinations.. Signed by Senior Judge James I. Cohn on 12/20/2021. See attached document for full details. (mee) Modified on 12/20/2021 (mee). [Transferred from Florida Southern on 12/5/2022.]
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| Filing 4 Summons Issued as to Levi North, Bennett Reeber. (mee) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (mee) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) [Transferred from Florida Southern on 12/5/2022.] |
| Filing 1 COMPLAINT against Levi North, Bennett Reeber. Filing fees $ 402.00 receipt number BFLSDC-15259636, filed by Jeffrey Warren Toll. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to Bennett Reeber, #3 Summon(s) to Levi North)(VerStandig, Maurice) [Transferred from Florida Southern on 12/5/2022.] |
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