QUEEN v. SCHULTZ
Plaintiff: MICHAEL QUEEN
Defendant: ED SCHULTZ
Interested Party: ARNOLD P. LUTZKER
Case Number: 1:2011cv00871
Filed: May 10, 2011
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 88888
Presiding Judge: Beryl A Howell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 10, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2017 Opinion or Order Filing 210 BILL OF COSTS AS TAXED by the Clerk in favor of ED SCHULTZ in the amount of $17,436.46 against MICHAEL QUEEN (zrdj)
January 23, 2017 Opinion or Order Filing 209 MANDATE of USCA as to #206 Notice of Appeal to DC Circuit Court, filed by MICHAEL QUEEN. USCA Case Number 15-7094. (Attachments: #1 Exhibit judgment filed December 9, 2016)(zrdj)
September 16, 2015 Opinion or Order Filing 208 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 5-1-15; Page Numbers: (1-259). Date of Issuance:9-15-15. Court Reporter/Transcriber Chantal Geneus, Telephone number 202-354-3196, Court Reporter Email Address : cmrreporter@gmail.com.
September 9, 2015 Opinion or Order USCA Case Number 15-7094 for #206 Notice of Appeal to DC Circuit Court, filed by MICHAEL QUEEN. (md)
September 2, 2015 Opinion or Order Filing 207 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #206 Notice of Appeal to DC Circuit Court. (zrdj)
September 1, 2015 Opinion or Order Filing 206 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #180 Clerk's Judgment, #204 Order on Motion for Recusal, Order on Motion for New Trial, Order on Motion for Attorney Fees, Order on Motion to Strike,,,, by MICHAEL QUEEN. Filing fee $ 505, receipt number 0090-4229678. Fee Status: Fee Paid. Parties have been notified. (Teppler, Steven)
August 18, 2015 Opinion or Order Filing 205 NOTICE of Change of Address by John C. Hayes, Jr (Hayes, John)
August 5, 2015 Opinion or Order Filing 204 ORDER DENYING the plaintiff's #191 Motion for Recusal and #192 Motion for New Trial; and the defendant's #194 Motion for Attorney Fees; and DENYING as moot the plaintiff's #198 Motion to Strike the defendant's #194 Motion for Attorney Fees. See Order for further details. Signed by Judge Beryl A. Howell on August 5, 2015. (lcbah2)
August 5, 2015 Opinion or Order Filing 203 MEMORANDUM OPINION regarding plaintiff's #191 Motion for Recusal; plaintiff's #192 Motion and Memorandum for New Trial; defendant's #194 Motion for an Award of Attorney's Fees; and plaintiff's #198 Motion to Strike Defendant's Motion for Award of Attorney's Fees. Signed by Judge Beryl A. Howell on August 5, 2015. (lcbah2)
July 31, 2015 Opinion or Order Filing 202 NOTICE of Filing Information Regarding Phone Call from Juror to Plaintiff's Counsel by MICHAEL QUEEN (Teppler, Steven)
July 20, 2015 Opinion or Order Filing 201 REPLY to opposition to motion re #198 MOTION to Strike #194 MOTION for Attorney Fees filed by MICHAEL QUEEN. (Walton, Frazer)
July 20, 2015 Opinion or Order Filing 200 REPLY re #194 MOTION for Attorney Fees Reply to Plaintiff's Response to Motion for Award of Attorney's Fees filed by ED SCHULTZ. (Hayes, John) Modified on 7/21/2015 (zrdj).
July 15, 2015 Opinion or Order Filing 199 Memorandum in opposition to re #198 MOTION to Strike #194 MOTION for Attorney Fees Defendant's Memorandum of Points and Authorities In Opposition to Plaintiff's Motion to Strike filed by ED SCHULTZ. (Hayes, John)
July 10, 2015 Opinion or Order Filing 198 MOTION to Strike #194 MOTION for Attorney Fees by MICHAEL QUEEN (Teppler, Steven)
July 10, 2015 Opinion or Order Filing 197 RESPONSE re #194 MOTION for Attorney Fees filed by MICHAEL QUEEN. (Teppler, Steven)
July 10, 2015 Opinion or Order Filing 196 REPLY to opposition to motion re #192 MOTION for New Trial filed by MICHAEL QUEEN. (Teppler, Steven)
July 2, 2015 Opinion or Order Filing 195 Memorandum in opposition to re #192 MOTION for New Trial Defendant's Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for New Trial filed by ED SCHULTZ. (Hayes, John)
July 1, 2015 Opinion or Order Filing 194 MOTION for Attorney Fees by ED SCHULTZ (Attachments: #1 Memorandum in Support)(Hayes, John)
July 1, 2015 Opinion or Order Filing 193 Memorandum in opposition to re #191 MOTION for Recusal Defendant's Points and Authorities In Opposition to Plaintiff's Motion for Recusal filed by ED SCHULTZ. (Attachments: #1 Exhibit 1)(Hayes, John)
June 13, 2015 Opinion or Order Filing 192 MOTION for New Trial by MICHAEL QUEEN (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 Text of Proposed Order)(Teppler, Steven)
June 13, 2015 Opinion or Order Filing 191 MOTION for Recusal by MICHAEL QUEEN (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Teppler, Steven)
June 11, 2015 Opinion or Order Filing 190 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 10/21/11; Page Numbers: 1-32. Date of Issuance:06/11/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/12/2015. Release of Transcript Restriction set for 9/9/2015.(Pilgrim, Crystal)
June 11, 2015 Opinion or Order Filing 189 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 05/14/15 excerpt p.m.; Page Numbers: 1-44. Date of Issuance:06/11/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/12/2015. Release of Transcript Restriction set for 9/9/2015.(Pilgrim, Crystal)
June 11, 2015 Opinion or Order Filing 188 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 05/14/15; Page Numbers: 1-282. Date of Issuance:06/11/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/12/2015. Release of Transcript Restriction set for 9/9/2015.(Pilgrim, Crystal)
June 11, 2015 Opinion or Order Filing 187 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 05/12/15 p.m. session; Page Numbers: 1-137. Date of Issuance:06/11/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/12/2015. Release of Transcript Restriction set for 9/9/2015.(Pilgrim, Crystal)
June 11, 2015 Opinion or Order Filing 186 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on 05/12/15 a.m. session; Page Numbers: 1-173. Date of Issuance:06/11/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/12/2015. Release of Transcript Restriction set for 9/9/2015.(Pilgrim, Crystal)
June 8, 2015 Opinion or Order Filing 185 BILL OF COSTS by ED SCHULTZ. (Attachments: #1 Exhibit Exhibit 1)(Hayes, John)
June 5, 2015 Opinion or Order Filing 184 TRANSCRIPT OF JURY TRIAL before Judge Beryl A. Howell held on May 18, 2015; Page Numbers: 1-126. Date of Issuance:June 5. 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/26/2015. Redacted Transcript Deadline set for 7/6/2015. Release of Transcript Restriction set for 9/3/2015.(Moreira, Lisa)
June 5, 2015 Opinion or Order Filing 183 TRANSCRIPT OF JURY TRIAL - MORNING SESSION before Judge Beryl A. Howell held on May 15, 2015; Page Numbers: 1-137. Date of Issuance:June 5. 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/26/2015. Redacted Transcript Deadline set for 7/6/2015. Release of Transcript Restriction set for 9/3/2015.(Moreira, Lisa)
May 29, 2015 Opinion or Order Filing 182 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on May 11, 2015; Page Numbers: 1-144. Date of Issuance:May 29, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015.(Moreira, Lisa)
May 19, 2015 Opinion or Order Filing 181 NOTICE regarding defendant's proposed changes to draft verdict form by ED SCHULTZ (Attachments: #1 Exhibit 1)(Whittaker, Brian)
May 18, 2015 Opinion or Order Filing 180 CLERK'S JUDGMENT in favor of Defendant ED SCHULTZ against Plaintiff MICHAEL QUEEN. (tg, )
May 18, 2015 Opinion or Order Filing 179 Signature Page of Foreperson in Jury Verdict. (Access to the PDF Document is restricted pursuant to the E-Government Act. Access is limited to Counsel of Record and the Court). (tg, )
May 18, 2015 Opinion or Order Filing 178 Verdict Form. (tg, )
May 18, 2015 Opinion or Order Filing 177 Signature Page of Foreperson in Jury Note. (Access to the PDF Document is restricted pursuant to the E-Government Act. Access is limited to Counsel of Record and the Court). (tg, )
May 18, 2015 Opinion or Order Filing 176 Jury Notes: (3). (tg, )
May 18, 2015 Opinion or Order Filing 175 Exhibit Log of Exhibits received in evidence and Exhibits marked for identification only by ED SCHULTZ. (tg, )
May 18, 2015 Opinion or Order Filing 174 Exhibit Log of Exhibits received in evidence and Exhibits marked for identification only by MICHAEL QUEEN. (tg, )
May 18, 2015 Opinion or Order Filing 173 ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS. (tg, )
May 18, 2015 Opinion or Order Filing 172 JURY INSTRUCTIONS. Signed by Judge Beryl A. Howell on May 18, 2015. (lcbah2)
May 18, 2015 Opinion or Order Minute Entry for Jury Trial (Day 6) held on 5/18/2015 before Judge Beryl A. Howell. Jury Trial resumed and concluded on 5/18/2015 with the same Jury of 8. Plaintiff's Oral Motion in Limine, heard and granted as conceded. Jury Deliberations began and concluded. Jury verdict returned in favor of the Defendant. Jury of 8 polled and discharged. Jury Notes: 3. (Court Reporter Lisa Moreira.) (ztg, )
May 17, 2015 Opinion or Order Filing 171 NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL QUEEN (Teppler, Steven)
May 17, 2015 Opinion or Order Filing 170 PROPOSED VERDICT FORM as to ED SCHULTZ. (Attachments: #1 Exhibit Pltf Proposed Verdict)(Teppler, Steven)
May 16, 2015 Opinion or Order Filing 169 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on May 13, 2015; Page Numbers: 1-130. Date of Issuance:May 16, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/6/2015. Redacted Transcript Deadline set for 6/16/2015. Release of Transcript Restriction set for 8/14/2015.(Moreira, Lisa)
May 16, 2015 Opinion or Order Filing 168 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on March 15, 2015; Page Numbers: 1-124. Date of Issuance:March 16, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/6/2015. Redacted Transcript Deadline set for 6/16/2015. Release of Transcript Restriction set for 8/14/2015.(Moreira, Lisa)
May 15, 2015 Opinion or Order Minute Entry for Jury Trial (Day 5) held on 5/15/2015 before Judge Beryl A. Howell. Jury Trial resumed and held on 5/15/2015 with the same Jury of 8. Oral Motion for Judgment as a Matter of Law under Rule 50, objected by the Defendant, heard and denied by the Court. Defendant's Oral Renewed Motion for Judgment as a Matter of Law under Rule 50, objected by the Plaintiff, heard and denied by the Court. Jury Trial continued to 5/18/2015 at 9:00 AM in Courtroom 15 before Judge Beryl A. Howell. Defendant's Witnesses: 4) Jeffrey Landa (testimony resumed and concluded); 5) Michael A. Queen; 6) Ed Schultz. Stipulations read into the record by the Defendant. Defendant rested its case. (Court Reporter Lisa Moreira.) (tg, )
May 14, 2015 Opinion or Order Minute Entry for Jury Trial (Day 4) held On 5/14/2015 before Judge Beryl A. Howell. Jury Trial resumed and held on 5/14/2015 with the same Jury of 8. Plaintiff's Oral Motion to Excuse a Juror, objected by Defendant, and denied by the Court. Plaintiff rested. Defendant's Oral Motion for Judgment as a Matter of Law under Rule 50, heard and denied. Plaintiff's Oral Motion to Reopen Case for the Purpose of Introducing Composite Exhibit 1E, heard and granted. Jury Trial continued to 5/15/2015 at 10:00 AM in Courtroom 15 before Judge Beryl A. Howell. Plaintiff's Witness: 8) Michael Anderson Queen (testimony resumed and concluded). Defendant's Witnesses: 1) Alan Horlick; 2) Paul Woodhull; 3) Phil Griffin (testimony presented via videotaped deposition); 4) Jeffrey Landa (recalled). (Court Reporter Crystal Pilgrim.) (tg, )
May 13, 2015 Opinion or Order MINUTE ORDER: The Court having impaneled the jury in this action, it is hereby ORDERED that during trial and deliberations all meals for said jury shall be paid by the Clerk of the Court for the U.S. District Court for the District of Columbia. Approved by Judge Beryl A. Howell on 5/11/2015. (tg, )
May 13, 2015 Opinion or Order Minute Entry for Jury Trial (Day 3) held on 5/13/2015 before Judge Beryl A. Howell. Jury Trial resumed and held on 5/13/2015 with the same Jury of 8. Jury Trial continued to 5/14/2015 at 9:00 AM in Courtroom 15 before Judge Beryl A. Howell. Plaintiff's Witness: 8) Michael Anderson Queen (testimony began and continued). (Court Reporter Lisa Moreira.) (tg, ) Modified name of witness on 5/14/2015 (tg, ).
May 12, 2015 Opinion or Order Filing 167 SUPPLEMENTAL MEMORANDUM to re #163 NOTICE OF SUPPLEMENTAL AUTHORITY filed by MICHAEL QUEEN. (Teppler, Steven)
May 12, 2015 Opinion or Order Filing 166 TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell held on May 11, 2015; Page Numbers: 1-104. Date of Issuance:May 12, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/2/2015. Redacted Transcript Deadline set for 6/12/2015. Release of Transcript Restriction set for 8/10/2015.(Moreira, Lisa)
May 12, 2015 Opinion or Order Minute Entry for Jury Trial (Day 2) held on 5/12/2015 before Judge Beryl A. Howell. Jury Trial resumed and held on 5/12/2015 with a Jury of 8. Jury Trial continued to 5/13/2015 at 2:00 PM in Courtroom 15 before Judge Beryl A. Howell. Plaintiff's Witnesses: 1) Ed Schultz (testimony resumed and concluded); 2) Phil Griffin (testimony presented via videotaped deposition); 3) Jeffrey Landa; 4) Susan O'Connell; 5) Robert Bruce Isen; 6) Max Schindler; 7) Candice Harrington (testimony presented via read deposition by reader Amy Wooden). (Court Reporter Crystal Pilgrim.) (tg, )
May 11, 2015 Opinion or Order Filing 165 MEMORANDUM AND ORDER REGARDING the defendant's #142 Objection to the plaintiff's proffered expert, Lloyd D. Robinson. See Order for further details. Signed by Judge Beryl A. Howell on May 11, 2015.(lcbah3)
May 11, 2015 Opinion or Order Minute Entry for Jury Trial (Day 1) held on 2/9/2015 before Judge Beryl A. Howell: Jury Selection began and concluded; Jury of 8 selected and sworn. Jury Trial held on 5/11/2015 and continued to 5/12/2015 at 9:00 AM in Courtroom 15 before Judge Beryl A. Howell. Plaintiff's Witness: 1) Ed Schultz (testimony began and continued). (Court Reporter Lisa Moreira.) (tg, )
May 10, 2015 Opinion or Order Filing 163 NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL QUEEN (Attachments: #1 Exhibit Exhibit "A" Supplemental Authority)(Teppler, Steven)
May 8, 2015 Opinion or Order Filing 162 REPLY re #161 Notice (Other), #160 Notice (Other) regarding defendant's objections to plaintiff demonstratives filed by ED SCHULTZ. (Whittaker, Brian)
May 8, 2015 Opinion or Order Filing 161 NOTICE Pltf Response to Def Obj by MICHAEL QUEEN re #160 Notice (Other) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Teppler, Steven)
May 8, 2015 Opinion or Order Filing 160 NOTICE regarding defendant's objections to plaintiff demonstratives by ED SCHULTZ (Attachments: #1 Exhibit 1)(Whittaker, Brian)
May 8, 2015 Opinion or Order Filing 159 REPLY re #153 Notice (Other) Defandant Schultz's Response to Plaintiff's Objections to Exhibits Under Fed. R. Evid. 408 filed by ED SCHULTZ. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hayes, John)
May 8, 2015 Opinion or Order MINUTE ORDER (paperless) OVERRULING the objections lodged in the plaintiff's #153 Corrected Supplemental Briefing Regarding Defendant's Evidence. Defense Exhibit 128 will not be barred for failure to produce as any failure to produce was harmless in light of the use of the exhibit at the plaintiff's deposition. Nonetheless, Defense Exhibit 128 remains subject to this Court's #158 Memorandum and Order Regarding the Plaintiff's Rule 408 Objections to Proposed Defense Exhibits at 1 n.1. Defense Exhibits 272 and 273 will not be excluded as the exhibits were produced to both parties by NBC Universal during discovery. The defendant has withdrawn Defense Exhibits 21 and 101 and the plaintiff's objections are therefore moot. Signed by Judge Beryl A. Howell on May 8, 2015. (lcbah2)
May 7, 2015 Opinion or Order Filing 158 MEMORANDUM AND ORDER REGARDING the Plaintiff's Rule 408 Objections to Proposed Defense Exhibits. See Order for further details. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah2)
May 7, 2015 Opinion or Order Filing 157 MEMORANDUM AND ORDER REGARDING testimony of Jonathan Alter. See Order for further details. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah2)
May 7, 2015 Opinion or Order Filing 156 MEMORANDUM AND ORDER REGARDING the defendant's #138 Objections to TV Pilot and Other Video Evidence. See Order for further details. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah2)
May 7, 2015 Opinion or Order Filing 155 MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART the plaintiff's #127 Motion to Strike or Preclude Plaintiff's Deposition Testimony and to Disqualify Attorney Jeffrey Landa. See Order for further details. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah2)
May 7, 2015 Opinion or Order Filing 154 NOTICE of Filing by MICHAEL QUEEN re #149 Notice (Other) (Attachments: #1 Exhibit transcript)(Teppler, Steven)
May 7, 2015 Opinion or Order Filing 153 NOTICE Corrected Supp Briefing by MICHAEL QUEEN re #133 Notice (Other) (Teppler, Steven)
May 7, 2015 Opinion or Order Filing 152 NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL QUEEN (Attachments: #1 Exhibit A)(Teppler, Steven)
May 7, 2015 Opinion or Order MINUTE ORDER (paperless) DIRECTING the plaintiff to file by 7:00 PM on May 7, 2015 (today) clarification regarding the plaintiff's #133 Supplemental Briefing Regarding Defendant's Evidence as several of the exhibits identified do not correspond with the exhibits listed by the defendant in the #119 Joint Pretrial Statement. The defendant is ordered to respond by 10:00 AM on May 8, 2015, or the plaintiff's objections will be granted as conceded. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah2)
May 7, 2015 Opinion or Order Minute Order (paperless) NOTIFYING the parties that upon consideration of the [147-1] Joint Objection Chart, the following transcript designation objections are overruled: 2; and the following transcript designation objections are sustained: 1. Signed by Judge Beryl A. Howell on May 7, 2015. (lcbah3)
May 6, 2015 Opinion or Order Filing 151 NOTICE OF FILING by MICHAEL QUEEN re #147 Notice (Other) (Attachments: #1 Exhibit EXCERPTS)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 150 NOTICE of Filing by MICHAEL QUEEN re #148 Memorandum (Attachments: #1 Exhibit Exhibit F)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 149 NOTICE of filing by MICHAEL QUEEN re Order,,,,,,,,,,,, (Attachments: #1 Exhibit)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 148 MEMORANDUM by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 147 NOTICE of Filing by MICHAEL QUEEN re Order,,,,,,,,,,,, (Attachments: #1 Exhibit Objection chart)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 146 REPLY to opposition to motion re #127 MOTION to Disqualify Counsel MOTION to Strike filed by MICHAEL QUEEN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Teppler, Steven)
May 6, 2015 Opinion or Order Filing 145 RESPONSE to Def Combined Obj filed by MICHAEL QUEEN. (Teppler, Steven)
May 6, 2015 Opinion or Order Filing 144 REPLY Memo in Opp to Def Rsp filed by MICHAEL QUEEN. (Teppler, Steven)
May 6, 2015 Opinion or Order Filing 143 REPLY re Order,,, Defendant's Response to the Court's May 6, 2015 Minute Order Regarding Exhibits filed by ED SCHULTZ. (Attachments: #1 Exhibit 6, #2 Exhibit 165, #3 Exhibit 168, #4 Exhibit 169, #5 Exhibit 170, #6 Exhibit 202, #7 Exhibit 205, #8 Exhibit 206)(Hayes, John)
May 6, 2015 Opinion or Order Filing 142 REPLY re #137 Notice (Other) filed by ED SCHULTZ. (Whittaker, Brian)
May 6, 2015 Opinion or Order Filing 141 RESPONSE re #135 Notice (Other) filed by ED SCHULTZ. (Attachments: #1 Exhibit)(Whittaker, Brian)
May 6, 2015 Opinion or Order MINUTE ORDER (paperless) DIRECTING the parties' to file by May 6, 2015 (today) at 4:00 pm, defense proposed exhibits 6, 165, 168, 169, 170, 202, 205, and 206, in order for the Court fully and fairly to evaluate the plaintiff's objection, under Federal Rule of Evidence 408, to the admissibility of these proposed exhibits, see Pl.'s Supp. Jt. Pre-Trial Mot. at 1-2, ECF No. 125, and the defendant's response to that objection, see Def.'s Response, ECF No. 136, since the parties failed to comply with paragraph 11(a)(v) of the Court's #2 Standing Order requiring the submission of copies of proposed trial exhibits with the Joint Pretrial Statement. Signed by Judge Beryl A. Howell on May 6, 2015. (lcbah3)
May 6, 2015 Opinion or Order Set/Reset Deadlines: Response to Order of the Court due by 4:00 PM on 5/6/2015. (tg, )
May 5, 2015 Opinion or Order Filing 140 ORDER REGARDING TRIAL PROCEDURES. Signed by Judge Beryl A. Howell on May 5, 2015. (lcbah3)
May 5, 2015 Opinion or Order Filing 139 NOTICE by MICHAEL QUEEN re #137 Notice (Other) (Attachments: #1 Exhibit A, #2 Exhibit B)(Teppler, Steven)
May 5, 2015 Opinion or Order Filing 138 NOTICE Defendant's Supplemental Briefing Regarding Objections to Evidence that Should be Excluded by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John)
May 5, 2015 Opinion or Order Filing 137 NOTICE re Supplemental Briefing by MICHAEL QUEEN (Teppler, Steven)
May 5, 2015 Opinion or Order Filing 136 RESPONSE TO ORDER OF THE COURT re Order,,,,,,,,,,,, filed by ED SCHULTZ. (Whittaker, Brian)
May 5, 2015 Opinion or Order Filing 135 NOTICE Re: Plaintiff's Efforts by MICHAEL QUEEN (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Teppler, Steven)
May 5, 2015 Opinion or Order Filing 134 Memorandum in opposition to re #127 MOTION to Disqualify Counsel MOTION to Strike Opposition to Motion to Strike or Preclude Deposition Testimony and to Disqualify Attorney Jeffrey Landa filed by ED SCHULTZ. (Hayes, John)
May 5, 2015 Opinion or Order Filing 133 NOTICE by MICHAEL QUEEN re Order,,,,,,,,,,,, (Teppler, Steven)
May 5, 2015 Opinion or Order Filing 132 RESPONSE re #126 Notice (Other) filed by ED SCHULTZ. (Whittaker, Brian)
May 5, 2015 Opinion or Order Filing 131 RESPONSE re #126 Notice (Other) filed by ED SCHULTZ. (Whittaker, Brian)
May 4, 2015 Opinion or Order Filing 130 NOTICE by MICHAEL QUEEN re #127 MOTION to Disqualify Counsel (Attachments: #1 Exhibit Exhibit I)(Teppler, Steven)
May 4, 2015 Opinion or Order Filing 129 RESPONSE TO ORDER OF THE COURT re Order,,, filed by MICHAEL QUEEN. (Teppler, Steven)
May 4, 2015 Opinion or Order Set/Reset Deadlines: Response to Order of the Court due by noon on 5/4/2015. (tg, )
May 4, 2015 Opinion or Order Set/Reset Deadlines: Supplemental Briefing in response to Order of the Court due by noon on 5/5/2015; Response to Order of the Court due by 5:00 p.m. on 5/6/2015 (zg, )
May 1, 2015 Opinion or Order Filing 128 Exhibit Log of exhibits presented by the Defendant during the Pretrial Conference of 5/1/2015. (tg, )
May 1, 2015 Opinion or Order Filing 127 MOTION to Disqualify Counsel by MICHAEL QUEEN (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Text of Proposed Order)(Teppler, Steven). Added MOTION PRECLUDE, MOTION to Strike on 5/4/2015 (rdj).
May 1, 2015 Opinion or Order MINUTE ORDER (paperless) DIRECTING the parties, by noon on May 4, 2015, to submit any objections to the following proposed Statement of the Case, which proposed Statement was read to the parties during the hearing held May 1, 2015: This is a civil case brought by the plaintiff, Michael Queen, against the defendant Ed Schultz. Mr. Queen claims that he and Mr. Schultz formed a partnership to produce a political news commentary television program, and that Mr. Schultz breached their partnership agreement when Mr. Schultz agreed to host The Ed Show, which airs on MSNBC. Mr. Schultz denies that he and the plaintiff ever had a partnership and denies that Mr. Queen had anything to do with Mr. Schultz's hosting of The Ed Show. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah1)
May 1, 2015 Opinion or Order Minute Entry for proceedings held before Judge Beryl A. Howell: Evidentiary Hearing/Pretrial Conference held on 5/1/2015. (Order forthcoming.) Plaintiff's Witnesses: 1) Michael Queen; 2) Ed Schultz; 3) Jeffrey B. Landa. (Court Reporter Chantal Geneus.) (tg, ) Modified to add witnesses' names on 5/4/2015 (tg, ).
May 1, 2015 Opinion or Order MINUTE ORDER (paperless) DIRECTING, by noon on May 5, 2015, (1) the parties to file any supplemental briefing regarding evidence proposed by the opposing party that should be excluded because such evidence was not provided in discovery; (2) the plaintiff to submit (a) any supplemental briefing to support the qualification of the plaintiff's proposed expert, Lloyd D. Robinson; (b) the efforts undertaken by the plaintiff to identify the defense witnesses the plaintiff has objected to on the grounds that they were not disclosed, and any evidence that the defendant sought to withhold those witnesses' identities from the plaintiff, pursuant to Local Civil Rule 16.5(b)(5); and (3) the defendant to submit (a) any response to the plaintiff's #126 objections to the defendant's proposed jury instructions and verdict form; (b) any objections to the plaintiff's proposed jury instructions and verdict form; (c) any opposition to the plaintiff's #127 Motion to Disqualify defendant's counsel Jeffrey Landa; and (d) whether exhibits 6, 165, 168, 169, 170, 202, 205, and 206 fall within the ambit of Federal Rule of Evidence 408. Oppositions to any of the foregoing submissions shall be filed by May 6, 2015 at 5:00 p.m. Any reply shall be filed by May 7, 2015 at noon. The parties are further DIRECTED to submit, by May 6, 2015 at 5:00 p.m., (4) any agreement on, or objections to, the options set forth at the hearing on May 1, 2015 regarding the bifurcation of the liability and damages portion of this trial; and (5) a single objection chart for the Court's use in making clear, for the benefit of the parties and for the purposes of the record, the ruling on each objection to any designated portion of a deposition. The chart shall contain 10 columns, with each column reflecting one of the following ten pieces of information: (a) the sequential number that shall be associated with each objection to a designated part of the deposition; (b) the name of the witness being deposed; (c) the date of the deposition; (d) the page(s) and line(s) of the designated portion of the deposition to which an objection is lodged; (e) the party offering the designated portion of the deposition; (f) the party objecting to the designated portion of the deposition; (g) the Federal Rule of Evidence relied upon for the objection and a brief explanation by the objecting party; (h) a brief rebuttal by the proponent of the designated portion of the deposition; (i) a column, which the parties shall leave blank, with the heading "Sustained"; and (j) a column, which the parties shall leave blank, with the heading "Overruled". In addition, the parties shall submit to the Court a hard copy of each deposition for which objections must be resolved with the portions to which objections have been posed highlighted. The Court expects the parties to meet and confer to narrow the parties' objections to the transcript designations. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah1)
May 1, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING as CONCEDED, for the reasons set forth on the record at the hearing held on May 1, 2015, the following motions: the defendant's #97 Motion in limine to prevent discussion or testimony regarding phone records of a conversation between the plaintiff and Phil Griffin; #99 Motion in limine regarding the defendant's divorce and any on-air comments made by the defendant about third parties; #101 Motion in limine precluding any mention of an airplane owned by Ed Schultz Broadcasting LLC and the defendant's homes; and #102 Corrected Motion in limine regarding the testimony of Susan O'Connell. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah1)
May 1, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING in part and DENYING in part, for the reasons stated on the record at the hearing held May 1, 2015, the plaintiff's #94 Motion in limine. The plaintiff's #94 motion is GRANTED as conceded insofar as it requests exclusion of the use of the word "stalker" or "stalking," regarding the plaintiff; testimony about the defendant's wife's current medical condition; and testimony characterizing or referring to Michael Pappantonio as "America's Lawyer" or "America's Attorney." Insofar as the #94 Motion sought to preclude mention of Phil Griffin first deciding to offer the defendant a television show after seeing him at President Barack Obama's press conference, the motion is DENIED as WITHDRAWN. The #94 Motion is DENIED in all other respects. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah1)
May 1, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING, for the reasons stated on the record at the hearing held May 1, 2015, the defendant's #98 Motion in limine to exclude hearsay statements and #100 Motion in limine to preclude hearsay statements from and to Tim Russert; and DENYING the defendant's #91 Motion to Amend Answer; #92 Motion for Sanctions; and the plaintiffs #104 Motion for Sanctions. The defendant's #96 Motion in Limine is DENIED as MOOT. Signed by Judge Beryl A. Howell on May 1, 2015. (lcbah1)
April 30, 2015 Opinion or Order Filing 126 NOTICE of FIling by MICHAEL QUEEN (Attachments: #1 Memorandum in Support, #2 Memorandum in Support, #3 Supplement)(Teppler, Steven)
April 30, 2015 Opinion or Order Filing 125 PRETRIAL STATEMENT by MICHAEL QUEEN. (Teppler, Steven)
April 30, 2015 Opinion or Order NOTICE OF HEARING: The parties shall take notice that a Telephone Conference on the record is scheduled for 4/30/2015 at 3:30 PM before Judge Beryl A. Howell. (tg, )
April 30, 2015 Opinion or Order MINUTE ORDER (paperless) DIRECTING counsel for both parties to be prepared to conduct necessary evidentiary hearings to resolve any pending motion or dispute set out in the #119 Joint Pretrial Statement at the final pre-trial conference to begin at 9:30 a.m. on May 1, 2015 in Courtroom 15. Signed by Judge Beryl A. Howell on April 30, 2015. (lcbah1)
April 30, 2015 Opinion or Order Minute Entry for proceedings held before Judge Beryl A. Howell: Telephone Conference held on 4/30/2015. (Court Reporter Lisa Moreira.) (tg, )
April 24, 2015 Opinion or Order Filing 124 REPLY re #121 Notice (Other) filed by MICHAEL QUEEN. (Attachments: #1 Exhibit TL, #2 Exhibit EM)(Teppler, Steven)
April 24, 2015 Opinion or Order Filing 123 REPLY to opposition to motion re #117 MOTION to Amend/Correct #104 MOTION for Sanctions MOTION for Attorney Fees Motion for Leave to File Corrected Opposition to Plaintiff's Motion for Sanctions and Award of Attorneys Fees filed by MICHAEL QUEEN. (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)(Teppler, Steven)
April 24, 2015 Opinion or Order Filing 122 MOTION to Withdraw as Attorney by MICHAEL QUEEN (Lane, Mark)
April 24, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING in part and DENYING in part Plaintiff's Counsel Mark Lane's #122 Motion to Withdraw as Counsel of Record for Plaintiff Michael Queen nunc pro tunc. The #122 Motion is GRANTED insofar as it requests that Mr. Lane be allowed to withdraw as counsel to the plaintiff. It is DENIED in all other respects. The Clerk is directed to terminate Mr. Lane as counsel for the plaintiff. Signed by Judge Beryl A. Howell on April 24, 2015. (lcbah1)
April 21, 2015 Opinion or Order Filing 121 NOTICE Regarding Letter to Court by ED SCHULTZ (Attachments: #1 Exhibit A)(Whittaker, Brian)
April 21, 2015 Opinion or Order Filing 120 NOTICE of Appearance by Brian J. Whittaker on behalf of ED SCHULTZ (Whittaker, Brian) Modified on 4/22/2015 (rdj).
April 20, 2015 Opinion or Order Filing 119 PRETRIAL STATEMENT by MICHAEL QUEEN. (Attachments: #1 Exhibit Def proposed verdict, #2 Exhibit Def proposed JI, #3 Exhibit Joint proposed VD, #4 Exhibit Pltf proposed JI, #5 Exhibit Pltf proposed verdict)(Teppler, Steven)
April 20, 2015 Opinion or Order Set/Reset Deadline: The parties shall, by 5:00 p.m. on 4/20/2015, file the Joint Pretrial Statement required by this Court's #84 Amending Standing Order at paragraph 9. (ad)
April 17, 2015 Opinion or Order Filing 118 MOTION for Extension of Time to File Pretrial Statement by MICHAEL QUEEN (Walton, Frazer)
April 17, 2015 Opinion or Order MINUTE ORDER (paperless) granting the plaintiff's #118 Unopposed Motion for Extension of Time in which to File Joint Pretrial Statement. The parties shall, by 5:00 p.m. on April 20, 2015, file the Joint Pretrial Statement required by this Court's #84 Amending Standing Order at paragraph 9. Signed by Judge Beryl A. Howell on April 17, 2015. (lcbah1)
April 15, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING the defendant's #117 Motion for Leave to File Corrected Opposition. The plaintiff shall, by April 24, 2015, file any reply. Signed by Judge Beryl A. Howell on April 15, 2015. (lcbah1)
April 15, 2015 Opinion or Order Set/Reset Deadlines: Plaintiff's Reply due by 4/24/2015. (tg, )
April 14, 2015 Opinion or Order Filing 117 MOTION to Amend/Correct #104 MOTION for Sanctions MOTION for Attorney Fees Motion for Leave to File Corrected Opposition to Plaintiff's Motion for Sanctions and Award of Attorneys Fees by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John)
April 13, 2015 Opinion or Order Filing 116 RESPONSE re #104 MOTION for Sanctions MOTION for Attorney Fees filed by ED SCHULTZ. (Attachments: #1 Memorandum in Support)(Hayes, John)
April 10, 2015 Opinion or Order Filing 115 REPLY to opposition to motion re #94 MOTION in Limine Defendant's Opposition to Sections 1D and 1F of Plaintiff's Motion in Limine filed by ED SCHULTZ. (Hayes, John)
April 10, 2015 Opinion or Order Filing 114 REPLY to opposition to motion re #94 MOTION in Limine Reply to Combined Opposition to Defendant's Motions in Limine filed by ED SCHULTZ. (Hayes, John)
April 10, 2015 Opinion or Order Filing 113 REPLY to opposition to motion re #96 MOTION in Limine Regarding Testimony of Susan O'Connell filed by ED SCHULTZ. (Hayes, John)
April 9, 2015 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #111 Response to motion was entered in error and counsel refiled said pleading as docket entry #112 . (rdj)
April 8, 2015 Opinion or Order Filing 112 RESPONSE re #91 MOTION for Leave to File Amended Answer AMENDED Reply to Defendant's Motion for Leave to File an Amended Answer filed by ED SCHULTZ. (Hayes, John)
April 8, 2015 Opinion or Order Filing 111 ENTERED IN ERROR.....RESPONSE re #91 MOTION for Leave to File Amended Answer Reply to Defendant's Motion for Leave to File an Amended Answer filed by ED SCHULTZ. (Hayes, John) Modified on 4/9/2015 (rdj).
April 3, 2015 Opinion or Order Filing 110 Memorandum in opposition to re #101 MOTION in Limine filed by MICHAEL QUEEN. (Teppler, Steven)
April 3, 2015 Opinion or Order Filing 109 Memorandum in opposition to re #102 MOTION in Limine Corrected Regarding Testimony of Susan O'Connell filed by MICHAEL QUEEN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Proposed Order)(Teppler, Steven)
April 3, 2015 Opinion or Order Filing 108 ORDER DENYING the defendant's #87 Sealed Motion and DENYING the defendant's #90 Motion for Judgment on the Pleadings. See Order for further details. Signed by Judge Beryl A. Howell on April 3, 2015. (lcbah1)
April 3, 2015 Opinion or Order Filing 107 SEALED ORDER re #87 SEALED MOTION filed by ED SCHULTZ. Signed by Judge Beryl A. Howell on 4/3/2015. (This document is SEALED and only available to authorized persons.) (ztg, )
April 3, 2015 Opinion or Order Filing 106 RESPONSE re #104 MOTION for Sanctions MOTION for Attorney Fees Reply in Support of Defendant's Motion for Sanctions and Award of Attorney's Fees filed by ED SCHULTZ. (Hayes, John)
March 30, 2015 Opinion or Order Filing 105 SEALED REPLY TO OPPOSITION filed by ED SCHULTZ re #90 MOTION for Judgment on the Pleadings (Hayes, John)
March 27, 2015 Opinion or Order Filing 104 MOTION for Sanctions by MICHAEL QUEEN (Attachments: #1 Text of Proposed Order Proposed Order, #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)(Teppler, Steven). Added MOTION for Attorney Fees on 3/30/2015 (rdj).
March 27, 2015 Opinion or Order Filing 103 Memorandum in opposition to re #92 MOTION for Sanctions and an Award of Attorney's Fees MOTION for Attorney Fees filed by MICHAEL QUEEN. (Attachments: #1 Text of Proposed Order Proposed Order, #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)(Teppler, Steven)
March 27, 2015 Opinion or Order Filing 102 MOTION in Limine Corrected Regarding Testimony of Susan O'Connell by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John)
March 27, 2015 Opinion or Order Filing 101 MOTION in Limine by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 100 MOTION in Limine to Bar Evidence by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 99 MOTION in Limine by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 98 MOTION in Limine to Preclude Hearsay Testimony by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 97 MOTION in Limine Regarding Telephone Records by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 96 MOTION in Limine Regarding Testimony of Susan O'Connell by ED SCHULTZ (Hayes, John)
March 27, 2015 Opinion or Order Filing 95 Memorandum in opposition to re #91 MOTION for Leave to File Amended Answer filed by MICHAEL QUEEN. (Attachments: #1 Memorandum in Support Memorandum, #2 Text of Proposed Order Proposed Order)(Teppler, Steven)
March 27, 2015 Opinion or Order Filing 94 MOTION in Limine by MICHAEL QUEEN (Attachments: #1 Exhibit Exhibt A, #2 Text of Proposed Order Proposed Order)(Teppler, Steven)
March 20, 2015 Opinion or Order Filing 93 SEALED OPPOSITION filed by MICHAEL QUEEN. re #90 MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Abbott, Fred)
March 19, 2015 Opinion or Order Filing 92 MOTION for Sanctions and an Award of Attorney's Fees by ED SCHULTZ (Attachments: #1 Memorandum in Support)(Hayes, John). Added MOTION for Attorney Fees on 3/19/2015 (rdj).
March 18, 2015 Opinion or Order Filing 91 MOTION for Leave to File Amended Answer by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John)
March 17, 2015 Opinion or Order Filing 90 MOTION for Judgment on the Pleadings by ED SCHULTZ (Attachments: #1 Memorandum in Support, #2 Exhibit)(Hayes, John)
March 17, 2015 Opinion or Order Filing 89 STRICKEN PURSUANT TO MINUTE ORDER FILED 3/17/2015.....MOTION for Leave to File Amended Answer by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John) Modified on 3/17/2015 (rdj).
March 17, 2015 Opinion or Order MINUTE ORDER (paperless) STRIKING, without prejudice to refile, the defendant's #89 Motion For Leave To File Amended Answer. The defendant has failed to comply with Local Civil Rule 7(m), which applies to non-incarcerated plaintiffs and requires that "[b]efore filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing counsel, either in person or by telephone, in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is opposition, to narrow the areas of disagreement." This Rule further requires that "[a] party shall include in its motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed." LCvR 7(m). The defendant failed to provide the required statement in his #89 Motion. As a result, the motion is hereby STRICKEN with leave to re-file upon compliance with Local Civil Rule 7(m). Signed by Judge Beryl A. Howell on March 17, 2015. (lcbah1)
March 16, 2015 Opinion or Order Filing 88 TRANSCRIPT OF MOTION HEARING before Judge Beryl A. Howell held on February 27, 2015; Page Numbers: 1-52. Date of Issuance: March 16, 2015. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address: chantal_geneus@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/6/2015. Redacted Transcript Deadline set for 4/16/2015. Release of Transcript Restriction set for 6/14/2015.(Geneus, Chantal)
March 12, 2015 Opinion or Order Filing 87 SEALED MOTION for Judgment on the Pleadings filed by ED SCHULTZ. (This document is SEALED and only available to authorized persons.)(zrdj)
March 12, 2015 Opinion or Order Filing 86 ORDER GRANTING IN PART the defendant's #85 Motion for Leave to File Motion for Judgment on the Pleadings Under Seal. The #85 Motion, with supporting memorandum and exhibits, is SEALED. The defendant shall, by March 17, 2015, file on the public docket a redacted version of the motion, memorandum, and supporting exhibits. See Order for further details. Signed by Judge Beryl A. Howell on March 12, 2015. (lcbah1)
March 12, 2015 Opinion or Order Set/Reset Deadlines: Redacted version of the Motion for Judgment on the Pleadings due by 3/17/2015. (tg, )
March 11, 2015 Opinion or Order Filing 85 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ED SCHULTZ (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit)(Hayes, John)
February 27, 2015 Opinion or Order MINUTE ORDER (paperless) DENYING the plaintiff's #78 Motion for Leave to File Amended Complaint and the defendant's #81 Motion to Enforce Confidentiality Order for the reasons stated on the record at the hearing held February 27, 2015. The parties shall, by April 17, 2015, submit the joint pretrial statement as required by this Court's #84 Amended Standing Order at paragraph 9. All motions in limine shall be fully briefed by April 17, 2015. The parties shall, on May 1, 2015 at 9:30 a.m., appear in Courtroom 15 for the final pretrial conference. Trial in this matter shall commence on May 11, 2015 at 9:15 a.m. in Courtroom 15 with voir dire. Signed by Judge Beryl A. Howell on February 27, 2015. (lcbah1)
February 27, 2015 Opinion or Order Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 2/27/2015 re #78 Motion for Leave to File Amended Complaint filed by MICHAEL QUEEN; #81 MOTION to Enforce Confidentiality Order filed by ED SCHULTZ (Order forthcoming). Pretrial Statement due by 4/17/2015; Pretrial Conference scheduled for 5/1/2015 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell; Jury Trial scheduled for 5/11/2015 at 9:15 AM in Courtroom 15 before Judge Beryl A. Howell. (Court Reporter Chantal Geneus.) (tg, )
February 26, 2015 Opinion or Order Filing 84 AMENDED STANDING ORDER. Signed by Judge Beryl A. Howell on February 26, 2015. (lcbah1)
February 26, 2015 Opinion or Order Set/Reset Deadlines:, Opposition to #81 Motion due by 5:00 PM on 2/25/2015. Motion Hearing scheduled for 2/27/2015 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell. (tg, )
February 25, 2015 Opinion or Order Filing 83 RESPONSE re #81 MOTION to Enforce Confidentiality Order filed by MICHAEL QUEEN. (Attachments: #1 Affidavit declaration of Walton, #2 Affidavit declaration of Abbott, #3 Affidavit declaration of Teppler, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Affidavit declaration of Queen)(Abbott, Fred)
February 24, 2015 Opinion or Order Filing 82 MOTION to Expedite Hearing by ED SCHULTZ (Attachments: #1 Declaration)(Hayes, John)
February 24, 2015 Opinion or Order MINUTE ORDER (paperless) GRANTING the defendant's #82 Motion to Expedite and DIRECTING the plaintiff to submit, by February 25, 2015 at 5:00 p.m., any opposition to the defendant's #81 Motion to Enforce Confidentiality Order. The parties SHALL APPEAR on February 27, 2015, at 9:30 a.m., in Courtroom 15 for a hearing on all pending motions in this matter. Signed by Judge Beryl A. Howell on February 24, 2015. (lcbah1)
February 23, 2015 Opinion or Order Filing 81 MOTION to Enforce Confidentiality Order by ED SCHULTZ (Attachments: #1 Declaration, #2 Declaration)(Hayes, John)
December 26, 2014 Opinion or Order Filing 80 REPLY to opposition to motion re #78 MOTION for Leave to File First Amended Complaint filed by MICHAEL QUEEN. (Teppler, Steven)
December 19, 2014 Opinion or Order Filing 79 RESPONSE re #78 MOTION for Leave to File filed by ED SCHULTZ. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Hayes, John)
December 4, 2014 Opinion or Order Filing 78 MOTION for Leave to File AMENDED COMPLAINT against ED SCHULTZ with Jury Demand filed by MICHAEL QUEEN. (Attachments: #1 Exhibit First Amended Complaint, #2 Text of Proposed Order)(Teppler, Steven) Modified on 12/5/2014 (rdj).
November 26, 2014 Opinion or Order Set/Reset Deadlines: The plaintiff shall, by 12/05/2014, submit a motion for leave to amend his Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(2), that is "accompanied by an original of the proposed pleading as amended," as required by Local Civil Rule 15.1. The defendant shall, by 12/19/2014, submit any opposition to the plaintiff's motion for leave to amend, including any request, stated with particularity, for any additional discovery necessitated by the plaintiff's proposed partnership claim(s). The plaintiff shall, by 12/26/2014, submit any reply. (ad)
November 26, 2014 Opinion or Order MINUTE ORDER (paperless) DENYING the defendant's #63 Motion for Summary Judgment; DENYING the defendant's #64 Motion for Sanctions without prejudice; and DENYING the defendant's #75 Motion to Strike as moot. Despite the plaintiff's failure to point out disputes or agreement with each of the fifty-five numbered statements presented by the defendant in his [63-2] statement of material facts not in dispute, as required by Local Civil Rule 7(h), the Court concludes, upon consideration of the full record presented in connection with the defendant's pending motions, that there are sufficient disputed issues of material fact regarding the formation, duration, and alleged withdrawal from, as well as the property interests subject to, the alleged partnership between them, such that summary judgment is precluded. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); compare, e.g., Def.'s Statement of Mat. Facts As to Which There Is No Genuine Issue paragraphs 1, 4, 8, 9, 27-41 with Pl.'s Statement of Mat. Facts In Dispute In Opp'n To Def.'s Mot. Summ. J. paragraphs 4-6, 21, 24. Consequently, the defendant's #63 Motion for Summary Judgment is DENIED. The defendant's #75 Motion to Strike is DENIED as moot. The defendant is correct, however, that the plaintiff has not yet moved to amend his pleading to include a partnership claim, leaving "the defendant and the court... to speculate about the precise parameters of the claim." #73 Def.'s Reply Pl.'s Opp'n Def.'s Mot. Summ. J. at 4. Indeed, the plaintiff concedes that only two paragraphs in the Complaint, paragraphs 18 and 26, even reference the word "partner." #70 Pl.'s Opp'n Def.'s Mot. Summ. J. at 2-3. This Court has previously noted that the precise "nature of the alleged contract" at issue has "been characterized by the plaintiff in a variety of ways" and "eluded precise definition," #37 Mem. Op. at 18, resulting in the protraction of this litigation with concomitant burdens on the parties and the Court. The plaintiff implicitly admits the prejudice this has caused the defendant when he states that the "Defendant's argument underlying his Motion for Summary Judgment clearly underscores his precise misunderstanding of the issues to be tried." #70 Pl.'s Opp'n Def.'s Mot. Summ. J. at 3. To alleviate this confusion by clarifying the remaining issues in dispute that may be subject to trial, and conserve the resources and time of the Court and the citizens of the District of Columbia who may be called upon to serve as jurors in this matter, the plaintiff shall, by December 5, 2014, submit a motion for leave to amend his Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(2), that is "accompanied by an original of the proposed pleading as amended," as required by Local Civil Rule 15.1. The plaintiff's reference to Federal Rule of Civil Procedure 15(b) is inapposite, since trial in this matter has not begun. The defendant shall, by December 19, 2014, submit any opposition to the plaintiff's motion for leave to amend, including any request, stated with particularity, for any additional discovery necessitated by the plaintiff's proposed partnership claim(s). The plaintiff shall, by December 26, 2014, submit any reply. The plaintiff is cautioned not to include any claims in the Amended Complaint that have already been resolved by this Court and affirmed by the D.C. Circuit. The defendant also seeks the sanction of dismissal and attorneys' fees against the plaintiff for the alleged withholding of material evidence. See #64 Def.'s Mot. Sanctions. Since the plaintiff has not yet provided a precise description of the plaintiff's partnership-related claim(s), it is inadvisable to rule on the defendant's motion at this juncture, since the question of materiality is inextricably linked with the claims being asserted. Nevertheless, the serious allegations of spoliation and other abuses of the litigation process may be raised again after a more complete record has been created, and the Court will resolve such motion, if renewed, at the conclusion of these proceedings. Therefore, the defendant's #64 Motion for Sanctions is DENIED without prejudice. Signed by Judge Beryl A. Howell on November 26, 2014. (lcbah1)
October 31, 2014 Opinion or Order Filing 77 REPLY to opposition to motion re #75 MOTION to Strike #69 Response to motion,,, #70 Response to motion,,,,,, filed by ED SCHULTZ. (Attachments: #1 Exhibit)(Hayes, John)
October 29, 2014 Opinion or Order Filing 76 Memorandum in opposition to re #75 MOTION to Strike #69 Response to motion,,, #70 Response to motion,,,,,, filed by MICHAEL QUEEN. (Teppler, Steven)
October 23, 2014 Opinion or Order Filing 75 MOTION to Strike #69 Response to motion,,, #70 Response to motion,,,,,, by ED SCHULTZ (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Hayes, John)
October 23, 2014 Opinion or Order Filing 74 REPLY to opposition to motion re #64 MOTION for Sanctions MOTION for Attorney Fees filed by ED SCHULTZ. (Hayes, John)
October 23, 2014 Opinion or Order Filing 73 REPLY to opposition to motion re #63 MOTION for Summary Judgment filed by ED SCHULTZ. (Hayes, John)
October 17, 2014 Opinion or Order Filing 72 MOTION for Extension of Time to File Response/Reply by ED SCHULTZ (Attachments: #1 Text of Proposed Order)(Hayes, John)
October 17, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the defendant's unopposed #72 Motion for Extension of Time to File Replies. The defendant shall, by October 23, 2014, file any reply to the plaintiff's oppositions to the defendant's #64 Motion for Sanctions and #63 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on October 17, 2014. (lcbah1)
October 17, 2014 Opinion or Order Set/Reset Deadlines: Reply to Oppositions to #64 Motion for Sanctions and #63 Motion for Summary Judgment due by 10/23/2014. (tg, )
October 15, 2014 Opinion or Order Filing 71 RESPONSE re #63 MOTION for Summary Judgment Corrected Response filed by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit W to Corrected Opposition)(Teppler, Steven)
October 15, 2014 Opinion or Order Filing 70 RESPONSE re #63 MOTION for Summary Judgment filed by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit "A" to Corrected Response, #2 Exhibit Exhibit "B" to Corrected Response, #3 Exhibit Exhibit "C" to Corrected Response, #4 Exhibit Exhibit "D" to Corrected Response, #5 Exhibit Exhibit "E" to Corrected Response, #6 Exhibit Exhibit "F" to Corrected Response, #7 Exhibit Exhibit "G" to Corrected Resposne, #8 Exhibit Exhibit "H" to Corrected Response, #9 Exhibit Exhibit "I" to Corrected Resposne, #10 Exhibit Exhibit "J" to Corrected Response, #11 Exhibit Exhibit "K" to Corrected Response, #12 Exhibit Exhibit "L" to Correcetd Response, #13 Exhibit Exhibit "M" to Corrected Response, #14 Exhibit Exhibit "N" to Corrected Response, #15 Exhibit Exhibit "O" to Corrected Response, #16 Exhibit Exhibit "P" to Corrected Response, #17 Exhibit Exhibit "Q" to Corrected Response, #18 Exhibit Exhibit "R" to Corrected Response, #19 Exhibit Exhibit "S" to Corrected Response, #20 Exhibit Exhibit "T" to Corrected Response, #21 Exhibit Exhibit "U" to Corrected Response, #22 Exhibit Exhibit "V" to Corrected Response, #23 Exhibit Exhibit "X" to Corrected Response, #24 Exhibit Exhibit "Y" to Corrected Response, #25 Exhibit Exhibit "Y" to Corrected Response, #26 Statement of Facts Corrected Statement of Material Facts in Dispute)(Teppler, Steven)
October 15, 2014 Opinion or Order Filing 69 RESPONSE re #64 MOTION for Sanctions MOTION for Attorney Fees Corrected Response filed by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit "A" to Corrected Response, #2 Exhibit Exhibit "B" to Corrested Response, #3 Exhibit Exhibit "C" to Corrected Response, #4 Exhibit Exhibit "D" to Corrected Response, #5 Exhibit Exhibit "E" to Corrected Response, #6 Exhibit Exhibit "F" to Corrected Response, #7 Exhibit Exhibit "G" to Corrected Resposne, #8 Exhibit Exhibit "H" to Corrected Response, #9 Exhibit Exhibit "I" to Corrected Respone, #10 Exhibit Exhibit "J" to Corrected Resposne, #11 Exhibit Exhibit "K" to Corrected Response, #12 Exhibit Exhibit "L" to Correcetd Resposne)(Teppler, Steven)
October 14, 2014 Opinion or Order Filing 68 Memorandum in opposition to re #63 MOTION for Summary Judgment filed by MICHAEL QUEEN. (Attachments: #1 Exhibit b, #2 Exhibit c, #3 Exhibit d, #4 Exhibit e, #5 Exhibit g, #6 Exhibit h, #7 Exhibit i, #8 Exhibit j, #9 Exhibit k, #10 Exhibit o, #11 Exhibit r, #12 Exhibit s, #13 Exhibit t, #14 Exhibit u, #15 Exhibit v, #16 Exhibit w, #17 x, #18 y)(Teppler, Steven)
October 14, 2014 Opinion or Order Filing 67 STATEMENT OF MATERIAL FACTS re #68 Memorandum in opposition filed by MICHAEL QUEEN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P, #15 Exhibit J)(Teppler, Steven) Modified on 10/15/2014 to correct linkage (rdj).
October 14, 2014 Opinion or Order Filing 66 Memorandum in opposition to re #64 MOTION for Sanctions MOTION for Attorney Fees filed by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L)(Teppler, Steven)
October 10, 2014 Opinion or Order Filing 65 MOTION for Extension of Time to File Response/Reply as to #63 MOTION for Summary Judgment , #64 MOTION for Sanctions MOTION for Attorney Fees by MICHAEL QUEEN (Teppler, Steven)
October 10, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's #65 Motion for Extension of Time for Plaintiff to File Responses and/or Oppositions to Defendant's Motions for Sanctions and for Summary Judgment. The plaintiff shall file a response to the defendant's #63 Motion for Summary Judgment and #64 Motion for Sanctions by October 14, 2014. Signed by Judge Beryl A. Howell on October 10, 2014. (lcbah2)
October 10, 2014 Opinion or Order Set/Reset Deadlines: Responses to #63 Motion for Summary Judgment and #64 Motion for Sanctions due by 10/14/2014. (tg, )
September 29, 2014 Opinion or Order Filing 64 MOTION for Sanctions by ED SCHULTZ (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Hayes, John). Added MOTION for Attorney Fees on 9/30/2014 (rdj).
September 29, 2014 Opinion or Order Filing 63 MOTION for Summary Judgment by ED SCHULTZ (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Text of Proposed Order, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Hayes, John)
September 29, 2014 Opinion or Order MINUTE ORDER (paperless) DENYING the defendant's #60 Motion to Continue Trial Date as MOOT in light of the defendant's #63 Motion for Summary Judgment, and VACATING the dates set for submission of the joint pre-trial statement, pre-trial conference, and trial. The Court's Scheduling Order of September 6, 2014 set the aforementioned dates in the event that no timely dispositive motion was filed. See Minute Order, Sept. 6, 2014. Since the defendant has filed a motion for summary judgment, the dates for the submission of a pre-trial statement, the pre-trial conference, and trial are VACATED. The deadlines for filing any opposition and reply to the defendant's #63 Motion set in the September 6, 2014, Scheduling Order remain in effect. Signed by Judge Beryl A. Howell on September 29, 2014. (lcbah1)
September 17, 2014 Opinion or Order Filing 62 Reply re #60 Motion Continue Trial Date filed by ED SCHULTZ. (Hayes, John)
September 17, 2014 Opinion or Order Filing 61 RESPONSE re #60 MOTION to Continue Trial Date filed by MICHAEL QUEEN. (Walton, Frazer)
September 17, 2014 Opinion or Order Filing 60 MOTION to Continue Trial Date by ED SCHULTZ (Hayes, John)
September 8, 2014 Opinion or Order Set/Reset Deadlines/Hearings: Dispositive Motions due by 9/29/2014; Oppositions to Dispositive Motions due by 10/13/2014; Replies to Oppositions to Dispositive Motions due by 10/20/2014. Joint Pretrial Statement due by 10/16/2014. Pretrial Conference scheduled for 10/30/2014 at 10:00 AM in Courtroom 15 before Judge Beryl A. Howell. Jury Selection/Jury Trial scheduled for 12/1/2014 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell. (tg, )
September 6, 2014 Opinion or Order MINUTE ORDER (paperless) ISSUING the following scheduling order to control further proceedings in this matter, in light of the parties' #59 Joint Status Report: Any renewed dispositive motion shall be filed by September 29, 2014; any opposition shall be filed by October 13, 2014; any reply shall be filed by October 20, 2014. Although the plaintiff is correct that the D.C. Circuit's decision in this matter states that the plaintiff "is entitled to present his claim to a jury," Queen v. Schultz, 747 F.3d 879, 889 (D.C. Cir. 2014), that decision was based on the then extant record, which did not include complete discovery on the plaintiff's implicit partnership claim.The only time limit placed on motions for summary judgment in Federal Rule of Civil Procedure 56 is that such a motion may be filed "at any time until 30 days after the close of all discovery," Fed. R. Civ. P. 56(b), unless otherwise ordered by the Court. Such a motion could conserve the resources of the Court, litigants and jurors since "[i]f the court does not grant all the relief requested by the motion, it may enter an order stating any material fact... that is not genuinely in dispute and treating the fact as established in the case." Fed. R. Civ. P. 56(g); see Charles Alan Wright, Arthur R. Miller et al., 10B Fed. Prac. & Proc. Civ. sec. 2737 (3d ed.) (stating a court "is empowered, when it would be practicable to save time and expense and to simplify the trial, to issue an order that specifies the facts that appear without substantial controversy."). To this end, the Court will consider any timely filed motion for summary judgment. If no such motion is filed, the parties shall adhere to the following schedule: the parties shall appear for a pre-trial conference on October 30, 2014 at 10:00 a.m. in Courtroom 15; the Joint Pretrial Statement shall be filed by October 16, 2014 and any motions in limine shall be fully briefed at the time of the pretrial conference, see #2 Standing Order para. 11; trial shall commence with voir dire on December 1, 2014 at 9:30 a.m. in Courtroom 15. Signed by Judge Beryl A. Howell on September 6, 2014. (lcbah1)
September 5, 2014 Opinion or Order Filing 59 STATUS REPORT JOINT by MICHAEL QUEEN. (Teppler, Steven)
September 4, 2014 Opinion or Order Set/Reset Deadlines: Discovery due by 9/5/2014. Joint Status Report due by 9/5/2014. (tg, )
September 3, 2014 Opinion or Order Filing 58 Joint MOTION for Extension of Time to Complete Discovery by MICHAEL QUEEN (Teppler, Steven)
September 3, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #58 Joint Motion For Extension of Time to Complete Discovery. The limited discovery in this case shall close on September 5, 2014, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, (c) dispositive motions are anticipated, and (d) a proposed schedule to control further proceedings in this matter. Signed by Judge Beryl A. Howell on September 3, 2014. (lcbah1)
August 19, 2014 Opinion or Order Set/Reset Deadlines: The limited discovery in this case shall close on 9/04/2014, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, (c) dispositive motions are anticipated, and (d) a proposed schedule to control further proceedings in this matter. (ad)
August 18, 2014 Opinion or Order Filing 57 Unopposed MOTION for Extension of Time to Complete Discovery by MICHAEL QUEEN (Teppler, Steven)
August 18, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's #57 Unopposed Motion to Extend the Discovery Deadline Until September 4th, 2014. The limited discovery in this case shall close on September 4, 2014, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, (c) dispositive motions are anticipated, and (d) a proposed schedule to control further proceedings in this matter. Signed by Judge Beryl A. Howell on August 18, 2014. (lcbah1)
August 13, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING non-party Arnold Lutzker's #52 Motion to Quash Subpoena. Given the defendant's proffered reasons for seeking the non-party's deposition and the non-party's responses, the deposition sought would likely require the disclosure of privileged material obtained during the non-party's representation of the plaintiff for approximately six months in 2010. The non-party proffers that the two areas of inquiry specifically identified by the defendant would involve discussion of privileged material. Specifically, the non-party states that "[t]he documents and sources that [the non-party] consulted in order to 'familiarize' himself with the Ed Schultz Program were collected in anticipation of litigation," while his "personal concern" regarding the defendant was based "in part on statements and information provided by [the plaintiff] to [the non-party]." #56 Non-party's Reply at 4. The potential for "disclosure of privileged attorney-client communications or other information obtained during the representation" of the plaintiff by the non-party significantly outweighs any benefit that would accrue to the defendant in this matter. See Sterne Kessler Goldstein & Fox, PLLC v. Eastman Kodak Co. (Sterne Kessler), 276 F.R.D. 376, 384 (D.D.C. 2011); see also Fed. R. Civ. P. 45(d)(3)(A)(iii) (requiring court to quash subpoena when subpoena "requires disclosure of privileged or other protected matter"). Signed by Judge Beryl A. Howell on August 13, 2014. (lcbah1)
August 11, 2014 Opinion or Order Filing 56 REPLY to opposition to motion re #52 MOTION to Quash filed by ARNOLD P. LUTZKER. (Attachments: #1 Declaration Declaration of Susan O'Connell)(Lutzker, Arnold)
August 4, 2014 Opinion or Order Filing 55 RESPONSE re #52 MOTION to Quash Suboena filed by ED SCHULTZ. (Hayes, John)
August 1, 2014 Opinion or Order Filing 54 RULE 26a1 STATEMENT. (Teppler, Steven)
July 17, 2014 Opinion or Order MINUTE ORDER (paperless) DENYING the parties' request for a teleconference, conveyed to the Court via e-mail, and CONSTRUING the parties' request as a Motion to Compel Production from the plaintiff. The MSNBC contracts with the defendant arose "[i]n March 2009" when the defendant "backed out of the project [with the plaintiff] and accepted an offer from MSNBC to host 'The Ed Show.'" See Queen v. Schultz, 747 F.3d 879, 883 (D.C. Cir. 2014). The D.C. Circuit credited evidence from April 5, 2008 and May 29, 2008 for the proposition that a reasonable jury was capable of inferring the existence of a partnership between the parties. See id. at 888. Nevertheless, the Circuit noted that "any consideration of the amount of damages payable to [the plaintiff] would be premature in advance of a jury verdict on whether the parties formed a partnership" and whether the plaintiff can "prove that [the defendant] breached his duty of loyalty under District of Columbia partnership law." Id. at 889. Given the fact that the MSNBC contracts would necessarily post-date the alleged partnership agreement, as the defendant points out, the MSNBC contracts are irrelevant to determining liability. Thus, the Court DENIES the plaintiff's motion without prejudice. Signed by Judge Beryl A. Howell on July 17, 2014. (lcbah1)
July 16, 2014 Opinion or Order Filing 53 RESPONSE re #52 MOTION to Quash Non Party Subpoena filed by MICHAEL QUEEN. (Teppler, Steven)
July 15, 2014 Opinion or Order Filing 52 MOTION to Quash SUBPOENA by ARNOLD P. LUTZKER (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Declaration of Arnold Lutzker)(rdj)
June 17, 2014 Opinion or Order Filing 51 NOTICE of Appearance by Henry James Graham on behalf of MICHAEL QUEEN (Graham, Henry)
June 12, 2014 Opinion or Order Filing 50 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Henry J. Graham, :Firm- Abbott Law Group. P.A., :Address- 2929 Plummer Cove Road, Jacksonville, FL 32223. Phone No. - (904) 292-1111. Fax No. - (904) 292-1220 by MICHAEL QUEEN (Attachments: #1 Declaration Declaration and Certification)(Teppler, Steven)
June 12, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's #50 Motion for Admission Pro Hac Vice. Mr. Henry James Graham, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on June 12, 2014. (lcbah1)
May 27, 2014 Opinion or Order Filing 49 REPLY to opposition to motion re #44 MOTION to Continue Pretrial filed by ED SCHULTZ. (Hayes, John)
May 27, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the defendant's #44 Motion to Continue Pretrial and #46 Motion for Continuance of Trial. The Court's Minute Order of May 14, 2014 setting dates for the pretrial conference and trial is hereby VACATED, over the objections of the plaintiff, in light of the defendant's request for discovery limited to allegations that "a partnership was formed... [and] that [the defendant] breached partnership duties...." #46 Def.'s Mot. Continuance Tr. Discovery in this matter is hereby REOPENED for limited discovery on such topics since, as the D.C. Circuit noted, the plaintiff's "complaint contains no assertion of a breach of partnership duties, and in fact nowhere uses the word 'partnership.'" Queen v. Schultz No. 12-7099, 2014 WL 1328338, at *6 (D.C. Cir. Apr. 4, 2014). The period for this limited discovery shall close on August 31, 2014, on which date the parties shall file a joint status report advising the Court whether (a) the parties request referral for mediation or settlement, (b) the parties request a date for a pretrial conference, (c) dispositive motions are anticipated, and (d) a proposed schedule to control further proceedings in this matter. Signed by Judge Beryl A. Howell on May 27, 2014. (lcbah1)
May 27, 2014 Opinion or Order Set/Reset Deadlines/Hearings: Limited Discovery due by 8/31/2014. Joint Status Report due by 8/31/2014. (tg, )
May 23, 2014 Opinion or Order Filing 48 RESPONSE re #46 MOTION to Continue Trial filed by MICHAEL QUEEN. (Teppler, Steven)
May 22, 2014 Opinion or Order Filing 47 RESPONSE re #44 MOTION to Continue Pretrial filed by MICHAEL QUEEN. (Attachments: #1 Exhibit Exhibit "A" to Response)(Teppler, Steven)
May 22, 2014 Opinion or Order Filing 46 MOTION to Continue Trial by ED SCHULTZ (Hayes, John)
May 22, 2014 Opinion or Order Filing 45 NOTICE of Service by ED SCHULTZ (Hayes, John)
May 21, 2014 Opinion or Order Filing 44 MOTION to Continue Pretrial by ED SCHULTZ (Attachments: #1 Exhibit)(Hayes, John)
May 21, 2014 Opinion or Order MINUTE ORDER (paperless) DIRECTING the plaintiff to submit, by 5:00 p.m. on May 22, 2014, any opposition to the defendant's #44 Motion to Reschedule Pretrial. The Court will construe the failure to file a timely opposition as a concession of the motion. Signed by Judge Beryl A. Howell on May 21, 2014. (lcbah1)
May 21, 2014 Opinion or Order Set/Reset Deadlines: Plaintiff's Opposition to #44 Motion to Reschedule Pretrial due by 5:00 PM on 5/22/2014. (tg, )
May 21, 2014 Opinion or Order MINUTE ORDER (paperless) AMENDING the Court's #2 Standing Order as follows: (1) DELETING Paragraph 3 regarding Courtesy Copies for Chambers; (2) ADDING to Paragraph 7 the following subsection: Opposition. A party opposing a motion for an extension of time must file, by 5:00 PM the business day after the motion is filed, the party's reasons for opposing the motion. If no such explanation is provided to the Court within this time frame, the motion shall be deemed conceded. Informing the opposing party that consent is not granted does not constitute an explanation to the Court; (3) AMENDING Paragraph 9 to read as follows: DISCOVERY DISPUTES The Court expects the parties to follow the requirements of Federal Rule of Civil Procedure 26 and Local Civil Rule 26.2. Before bringing a discovery dispute to the Court's attention, the parties must confer in good faith in an attempt to resolve the dispute informally. If the parties are unable to resolve the dispute, they shall contact chambers to arrange for a telephone conference with the Court and must jointly submit, via email to Howell_Chambers@dcd.uscourts.gov, a clear, concise description of the issues in dispute. Before filing a motion relating to a discovery dispute, a party must obtain leave of the Court. Failure to comply with this section may result in any such motion being stricken; (4) AMENDING Paragraph 12 to read as follows: MOTIONS IN LIMINE a. Timing. Motions in limine shall be fully briefed at the time of filing of the parties Joint Pretrial Statement. Accordingly, the moving partys motion in limine and supporting memorandum shall be filed and served upon the opposing party at least 21 days before the Joint Pretrial Statement is due. The opposition shall be filed and served upon the moving party within 14 days of service of the motion in limine. Any reply shall be due within 7 days of service of the opposition. Oral argument on motions in limine, if necessary, shall occur at the Pretrial Conference. b. Tardy Motions. The Court will entertain late motions for which there is a compelling explanation only if filed at least 8 days prior to the date set for jury selection. Oppositions to late motions must be filed at least 5 days prior to jury selection, and replies must be filed at least 4 days prior to jury selection. The Court will not consider motions in limine that relitigate issues already resolved by the Court; and (5) AMENDING Paragraph 14 to remove the page limits for briefing Motions for Reconsideration. Briefing for Motions for Reconsideration shall conform to the briefing standards for all other motions. Signed by Judge Beryl A. Howell on May 21, 2014. (lcbah1)
May 20, 2014 Opinion or Order NOTICE OF ERROR re #43 Notice of Appearance; emailed to steppler@timecertain.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: Counsel is reminded each attorney must use THEIR ASSIGNED password/login (refer to LCvR 5.4(b)) (zrdj, )
May 19, 2014 Opinion or Order Filing 43 NOTICE of Appearance by Steven W. Teppler on behalf of MICHAEL QUEEN (Teppler, Steven)
May 16, 2014 Opinion or Order Filing 42 MANDATE of USCA (certified copy) as to #38 Notice of Appeal, filed by MICHAEL QUEEN ; ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed in part, reversed in part, and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date. USCA Case Number 12-7099. (Attachments: #1 USCA Opinion) (md, )
May 16, 2014 Opinion or Order Filing 41 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Fred Catfish Abbott, :Firm- Abbott Law Group. P.A., :Address- 2929 Plummer Cove Road, Jacksonville, FL 32223. Phone No. - (904) 292-1111. Fax No. - (904) 292-1220 by MICHAEL QUEEN (Attachments: #1 Exhibit Certificate Pursuant to LCvR 83.2(j))(Teppler, Steven)
May 16, 2014 Opinion or Order Filing 40 NOTICE of Appearance by Steven W. Teppler on behalf of All Plaintiffs (Teppler, Steven)
May 16, 2014 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's #41 Motion for Admission Pro Hac Vice. Mr. Fred Catfish Abbott, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on May 16, 2014. (lcbah1)
May 14, 2014 Opinion or Order VACATED PURSUANT TO MINUTE ORDER FILED 05/27/2014.....MINUTE ORDER (paperless) SETTING pretrial conference and trial dates. The parties shall appear on June 20, 2014 at 9:30 a.m. in Courtroom 15 for a pretrial conference before the Hon. Beryl A. Howell. The parties are reminded to review and comply with this Court's #2 Standing Order, paragraph 11, and LCvR 16.5 regarding the required Joint Pretrial Statement. Trial in this matter shall begin on July 14, 2014, at 9:30 a.m. Signed by Judge Beryl A. Howell on May 14, 2014. (lcbah1) Modified on 5/27/2014 (rdj).
May 14, 2014 Opinion or Order Set/Reset Hearings: Pretrial Conference set for 6/20/2014 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell; Jury Selection/Jury Trial set for 7/14/2014 at 9:30 AM in Courtroom 14 before Judge Beryl A. Howell. (tg, )
October 4, 2012 Opinion or Order USCA Case Number 12-7099 for #38 Notice of Appeal, filed by MICHAEL QUEEN. (rdj)
September 28, 2012 Opinion or Order Filing 39 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #38 Notice of Appeal. (rdj)
September 27, 2012 Opinion or Order Filing 38 NOTICE OF APPEAL as to #37 Memorandum & Opinion, #36 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief by MICHAEL QUEEN. Filing fee $ 455, receipt number 4616051686. Fee Status: Fee Paid. Parties have been notified. (rdj)
August 30, 2012 Opinion or Order Filing 37 MEMORANDUM AND OPINION regarding #20 Rule 56 Motion for Summary Judgment or Alternatively Rule 12(c) Motion for Judgment on Pleadings, #30 Plaintiff's Motion for Partial Summary Judgment, and #31 Defendant's Second Motion for Summary Judgment Pursuant to Rule 56 or Alternatively for Judgment on Pleadings Pursuant to Rule 12(c). Signed by Judge Beryl A. Howell on August 30, 2012. (lcbah1)
August 30, 2012 Opinion or Order Filing 36 ORDER granting #20 Rule 56 Motion for Summary Judgment or Alternatively Rule 12(c) Motion for Judgment on Pleadings; granting #30 Plaintiff's Motion for Partial Summary Judgment; and granting #31 Defendant's Second Motion for Summary Judgment Pursuant to Rule 56 or Alternatively for Judgment on Pleadings Pursuant to Rule 12(c). See Order and accompany Memorandum Opinion for further details. Signed by Judge Beryl A. Howell on August 30, 2012. (lcbah1)
August 30, 2012 Opinion or Order MINUTE ORDER (paperless) The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on August 30, 2012. (lcbah1)
January 27, 2012 Opinion or Order Filing 35 REPLY to opposition to motion re #31 MOTION for Summary Judgment filed by ED SCHULTZ. (Hayes, John)
January 26, 2012 Opinion or Order Filing 34 REPLY to opposition to motion re #30 MOTION for Partial Summary Judgment filed by MICHAEL QUEEN. (Attachments: #1 Exhibit)(Walton, Frazer)
January 20, 2012 Opinion or Order Filing 33 Memorandum in opposition to re #30 MOTION for Partial Summary Judgment filed by ED SCHULTZ. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Declaration, #4 Exhibit Exhibits 1 - 10)(Hayes, John)
January 20, 2012 Opinion or Order Filing 32 Memorandum in opposition to re #31 MOTION for Summary Judgment filed by MICHAEL QUEEN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Walton, Frazer)
January 6, 2012 Opinion or Order Filing 31 MOTION for Summary Judgment by ED SCHULTZ (Attachments: #1 Statement of Facts As To Which There Is No Genuine Issue, #2 Declaration In Support of Summary Judgment, #3 Declaration In Support of Summary Judgment)(Hayes, John)
January 6, 2012 Opinion or Order Filing 30 MOTION for Partial Summary Judgment by MICHAEL QUEEN (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walton, Frazer)
December 5, 2011 Opinion or Order Filing 29 NOTICE of Joint Status Report Submitted By The Parties In Compliance With The Order Of The Court by MICHAEL QUEEN (Walton, Frazer)
December 5, 2011 Opinion or Order Filing 28 ENTERED IN ERROR.....NOTICE of Joint Status Report Submitted By The Parties In Compliance With The Order Of The Court by MICHAEL QUEEN (Walton, Frazer) Modified on 12/5/2011 (jf, ).
December 5, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #28 Notice (Other) was entered in error as a duplicate filing to #29 .(jf, )
November 16, 2011 Opinion or Order Filing 27 STIPULATION AND CONFIDENTIALITY ORDER. Signed by Judge Beryl A. Howell on 11/10/11. (alg)
November 10, 2011 Opinion or Order Filing 26 STIPULATION and Confidentiality Order by ED SCHULTZ. (Hayes, John)
November 3, 2011 Opinion or Order Filing 25 REPLY to opposition to motion re #20 MOTION for Summary Judgment filed by ED SCHULTZ. (Attachments: #1 Declaration Declaration of Jeffrey B. Landa)(Hayes, John)
October 26, 2011 Opinion or Order Filing 24 Memorandum in opposition to re #20 MOTION for Summary Judgment filed by MICHAEL QUEEN. (Attachments: #1 Declaration of Max Schindler, #2 Declaration of Frazer Walton, #3 Declaration of Michael Queen, #4 Exhibit)(Walton, Frazer)
October 21, 2011 Opinion or Order Minute Entry for proceedings held before Judge Beryl A. Howell: Status Conference held on 10/21/2011. Motion #13 to Disqualify heard and denied, Motion #17 to Extend Time heard and granted in part. Ordered that depositions of both parties be taken by 11/24/11 and that Expert Statment is due by 12/1/11. (Court Reporter Crystal Pilgrim.) (alg)
October 21, 2011 Opinion or Order MINUTE ORDER (paperless) For the reasons stated in open court at the October 21, 2011 status conference, the plaintiff's #13 Motion to Disqualify Jeffrey Landa as Counsel for the Defendant is denied. The plaintiff's #17 Motion for an Extension of Time to File Experts Statement is denied in part and granted in part. The plaintiff shall have until December 1, 2011 to file an expert statement pursuant to Fed. R. Civ. P. 26(a)(2)(B). It is further ordered that the depositions of the parties shall be completed by November 24, 2011. All discovery in this case shall be completed by December 5, 2011. Signed by Judge Beryl A. Howell on October 21, 2011. (lcbah1)
October 18, 2011 Opinion or Order Filing 23 REPLY re #6 MOTION for Leave to Appear Pro Hac Vice filed by ED SCHULTZ. (Attachments: #1 Declaration Declaration)(Hayes, John) Modified on 10/18/2011 to enhance text and linkage(rdj).
October 17, 2011 Opinion or Order Filing 22 REPLY to opposition to motion re #17 MOTION for Extension of Time to Experts Statement Pursuant to Rule 26(a)(2)(B) filed by MICHAEL QUEEN. (Walton, Frazer)
October 12, 2011 Opinion or Order Filing 21 Memorandum in opposition to re #17 MOTION for Extension of Time to Experts Statement Pursuant to Rule 26(a)(2)(B) filed by ED SCHULTZ. (Attachments: #1 Affidavit Affidavit)(Hayes, John)
October 12, 2011 Opinion or Order Filing 20 MOTION for Summary Judgment by ED SCHULTZ (Attachments: #1 Statement of Facts Statement of Facts, #2 Affidavit Affidavit with Exhibits, #3 Affidavit Affidavit)(Hayes, John). Added MOTION FOR JUDGMENT ON PLEADINGS on 10/13/2011 (rdj).
October 10, 2011 Opinion or Order Filing 19 RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to File,,, Response to Defendant's Motion for Admission of Jeffrey Landa Pro Hac Vice filed by MICHAEL QUEEN. (Walton, Frazer)
September 30, 2011 Opinion or Order Filing 18 SURREPLY to re #13 MOTION to Disqualify Counsel filed by ED SCHULTZ. (Attachments: #1 Exhibit)(rdj)
September 30, 2011 Opinion or Order Set/Reset Hearings: Status Conference set for 10/21/2011 at 09:30 AM in Courtroom 15 before Judge Beryl A. Howell. (alg)
September 30, 2011 Opinion or Order MINUTE ORDER (paperless) The parties are directed to appear for a status conference on October 21, 2011 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell. Signed by Judge Beryl A. Howell on September 30, 2011. (lcbah1)
September 30, 2011 Opinion or Order MINUTE ORDER (paperless) granting #7 plaintiff's Motion for Leave to File a Response to Defendant's Motion for Admission Jeffrey Landa Pro Hac Vice, and #16 defendant's Motion for Leave to File Surreply. Signed by Judge Beryl A. Howell on September 30, 2011. (lcbah1)
September 29, 2011 Opinion or Order Filing 17 MOTION for Extension of Time to Experts Statement Pursuant to Rule 26(a)(2)(B) by MICHAEL QUEEN (Walton, Frazer)
September 27, 2011 Opinion or Order Filing 16 MOTION for Leave to File by ED SCHULTZ (Attachments: #1 Objection and Supplemental Response, #2 Declaration of Jeffrey Landa)(Hayes, John)
September 19, 2011 Opinion or Order Filing 15 REPLY to opposition to motion re #13 MOTION to Disqualify Counsel filed by MICHAEL QUEEN. (Walton, Frazer)
September 14, 2011 Opinion or Order Filing 14 Memorandum in opposition to re #13 MOTION to Disqualify Counsel Defendant's Memorandum of Points and Authorities in Opposition to Motion to Disqualify Jeffrey Landa, Esq., as Counsel for Defendant Schultz Due to Conflict of Interest and the Fact that Landa is a Necessary Witness filed by ED SCHULTZ. (Attachments: #1 Exhibit Declaration of E. Schultz, #2 Exhibit Declaration of J.B. Landa)(Hayes, John)
September 3, 2011 Opinion or Order Filing 13 MOTION to Disqualify Counsel by MICHAEL QUEEN (Attachments: #1 Exhibit)(Walton, Frazer)
July 22, 2011 Opinion or Order Filing 12 Notice of Filing Rule 26(a)(1) Initial Disclosure Statement by ED SCHULTZ (Hayes, John) Modified on 7/22/2011 to edit event(rdj).
July 22, 2011 Opinion or Order Filing 11 NOTICE Rule 26(a)(1) Initital Disclosure Statement by ED SCHULTZ (Hayes, John)
July 20, 2011 Opinion or Order Filing 10 NOTICE of Filing Fed. R. Civ. Pro. Rule 26(a)(1) Discovery by MICHAEL QUEEN (Walton, Frazer)
July 8, 2011 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 9/6/2011. Discovery due by 12/5/2011. Dispositive Motions due by 1/6/2012. Response to Dispositive Motions due by 1/20/2012. Reply to Dispositive Motions due by 1/27/2012. Joinder of Parties due by 9/6/2011. Initial Disclosures pursuant to Rule 26(a)(1) due by 7/22/2011. Plaintiff's Rule 26(a)(2) due by 10/6/2011. Defendant's Rule 26(a)(2) due by 11/7/2011. Joint Status Report due by 12/5/2011 (zalg, )
July 8, 2011 Opinion or Order Minute Entry for proceedings held before Judge Beryl A. Howell: Initial Scheduling Conference held on 7/8/2011. Amendments to Pleadings/Joinder of Parties to be made by 9/6/2011. Discovery to close by 12/5/2011. Dispositive Motions due by 1/6/2012. Responses to Dispositive Motions due by 1/20/2012. Replies to Dispositive Motions due by 1/27/2012. Initial Disclosures pursuant to Rule 26(a)(1) due by 7/22/2011. Plaintiff's expert statement pursuant to Rule 26(a)(2)(B) due by 10/6/2011. Defendant's expert statement pursuant to Rule 26(a)(2)(B) due by 11/7/2011. Joint Status Report due by 12/5/2011. (Court Reporter Lisa Foradori.) (zmm, )
July 8, 2011 Opinion or Order MINUTE ORDER (paperless) The parties shall abide by the following SCHEDULING ORDER: Initial disclosures pursuant to Rule 26(a)(1) shall be due by July 22, 2011. Any motions to amend pleadings and/or to join additional parties shall be filed by September 6, 2011. The proponent's Rule 26(a)(2)(B) expert statement shall be due by October 6, 2011. The opponent's Rule 26(a)(2)(B) expert statement shall be due by November 7, 2011. All discovery shall be completed by December 5, 2011. Each party is limited to a maximum of 10 depositions, pursuant to Fed. R. Civ. P. 30(a)(2), and 25 interrogatories, pursuant to Fed. R. Civ. P. 33(a)(1). Upon completion of discovery, on or before December 5, 2011, the parties shall submit a Joint Status Report to apprise the Court regarding whether dispositive motions are anticipated and regarding the prospects of settlement or arbitration. Dispositive motions, if any, shall be filed on or before January 6, 2012. Oppositions shall be filed by January 20, 2012. Any replies shall be filed by January 27, 2012. Signed by Judge Beryl A. Howell on July 8, 2011. (lcbah1)
June 24, 2011 Opinion or Order Set/Reset Hearings: Initial Scheduling Conference set for 7/8/2011 09:30 AM in Courtroom 15 before Judge Beryl A. Howell. (zmm, ) Modified on 7/7/2011 (zalg, ).
June 24, 2011 Opinion or Order MINUTE ORDER (paperless) directing the parties to appear for an Initial Scheduling Conference on July 8, 2011 at 9:30 AM in Courtroom 15 before Judge Beryl A. Howell. Signed by Judge Beryl A. Howell on June 24, 2011. (lcbah1)
June 22, 2011 Opinion or Order Filing 9 MEET AND CONFER STATEMENT. (Attachments: #1 Statement of Facts)(Walton, Frazer)
June 2, 2011 Opinion or Order Filing 8 Michael Queen's ANSWER to #5 Answer to Complaint, COUNTERCLAIM Answer by MICHAEL QUEEN. Related document: #5 Answer to Complaint, COUNTERCLAIM filed by ED SCHULTZ.(Walton, Frazer)
May 27, 2011 Opinion or Order Filing 7 MOTION for Leave to File A Response To Defendant's Motion For Admission of Jeffrey Landa Pro Hac Vice by MICHAEL QUEEN (Attachments: #1 Memorandum in Support)(Walton, Frazer)
May 25, 2011 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey B. Landa, :Firm- The Law Offices of Jeffrey B. Landa, :Address- 1202 South 24th Avenue, Fargo, ND 58103. Phone No. - 612-306-8542. Fax No. - 701-241-9309 by ED SCHULTZ (Hayes, John)
May 25, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Document No. #4 was entered in error and counsel has refiled said pleading as Document Entry No. #6 . (cp)
May 25, 2011 Opinion or Order MINUTE ORDER (paperless) granting defendant's #6 Motion for Admission of Jeffrey B. Landa Pro Hac Vice. Mr. Landa is permitted to appear pro hac vice on behalf of the defendant in this case. Signed by Judge Beryl A. Howell on May 25, 2011. (lcbah1)
May 24, 2011 Opinion or Order Filing 5 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against MICHAEL QUEEN by ED SCHULTZ.(Hayes, John)
May 24, 2011 Opinion or Order Filing 4 ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey B. Landa, :Firm- The Law Offices of Jeffrey B. Landa, :Address- 1202 South 24th Avenue, Fargo, ND 58103. Phone No. - 612-306-8542. Fax No. - 701-241-9309, MOTION for Order of Sale by ED SCHULTZ (Hayes, John) Modified on 5/25/2011 (cp, ).
May 17, 2011 Opinion or Order RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ED SCHULTZ served on 5/12/2011, answer due 6/2/2011 (See Docket entry #3 to view document)(rdj)
May 17, 2011 Opinion or Order Filing 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Walton, Frazer)
May 11, 2011 Opinion or Order Filing 2 STANDING ORDER. Signed by Judge Beryl A. Howell on May 11, 2011. (lcbah1)
May 10, 2011 Opinion or Order Filing 1 COMPLAINT against ED SCHULTZ ( Filing fee $ 350, receipt number 4616038582) filed by MICHAEL QUEEN. (Attachments: #1 Civil Cover Sheet)(dr)
May 10, 2011 Opinion or Order Summons (1) Issued as to ED SCHULTZ. (dr)

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Plaintiff: MICHAEL QUEEN
Represented By: Fred Catfish Abbott
Represented By: Henry James Graham
Represented By: Steven William Teppler
Represented By: Frazer Walton, Jr.
Represented By: Mark Lane
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Defendant: ED SCHULTZ
Represented By: John C. Hayes, Jr.
Represented By: Brian James Whittaker
Represented By: Jeffrey B. Landa
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Interested party: ARNOLD P. LUTZKER
Represented By: Arnold Paul Lutzker
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