LANG et al v. THARPE et al
| ROBERT LANG and SUSANNE LANG |
| DONALD R. THARPE, DONALD R. THARPE TRUST, PETER COLASANTE and RONALD J. AIANI |
| 1:2022cv01557 |
| June 2, 2022 |
| US District Court for the District of Columbia |
| Other Fraud |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 139 Case transferred in from District of Wisconsin Eastern; Case Number 2:18-cv-01077. Original file certified copy of transfer order and docket sheet received. |
| Case Electronically Transmitted to the District Court of Columbia as to defendant Peter Colasante only on 5/20/2022. (asc) [Transferred from Wisconsin Eastern on 6/2/2022.] |
Filing 138
ORDER signed by Chief Judge Pamela Pepper on 5/19/2022. #106 Plaintiffs' motion to transfer venue GRANTED only as to defendant Colasante, Clerk of Court to TRANSFER defendant Colasante's case to District Court for District of Columbia under 28 USC 1631; the court ABSTAINS FROM RULING on #117 defendant Colasante's motion to dismiss, transferee court will decide motion. #106 Plaintiffs' motion to transfer venue DENIED as to Tharpe defendants. #118 Tharpe defendants' motion to dismiss GRANTED as to Counts 1, 2, 4, 7-22; those counts DISMISSED with prejudice. #118 Tharpe defendants' motion to dismiss DENIED as to Counts 3, 5, 6; Tharpe defendants to answer those counts. (cc: all counsel and mailed to Peter Colasante)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 137 CERTIFICATE OF SERVICE by All Plaintiffs - Affidavit of Service-Mailing dated 12/18/20 regarding Plaintiffs' Response Memorandum in Opposition to Defendant Peter Colasante's Motion to Dismiss (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 136 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 135 UNPUBLISHED Decision Defendants' Local Rule 7(j) Index of Unpublished Authorities filed by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 134 REPLY BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #118 MOTION to Dismiss Plaintiffs' Second Amended Complaint . (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 133 Affidavit of Service-Mailing AFFIDAVIT of Cathy Sharkey Re Plaintiffs' Response to Colasante's Motion to Dismiss (117). (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 132 RESPONSE to Motion filed by All Plaintiffs re #117 MOTION to Dismiss . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 131 CERTIFICATE OF SERVICE by All Plaintiffs regarding Plaintiffs' Memorandum in Opposition to Defendants Donald Tharpe and Donald Tharpe Trust's Motion to Dismiss Plaintiffs' Second Amended Complaint and Unpublished Authorities to Peter Colasante (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 130 UNPUBLISHED Decision - Local Rule 7(j) Index of Unpublished Authorities filed by All Plaintiffs (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 129 BRIEF in Opposition filed by All Plaintiffs re #118 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Donald R. Tharpe and Donald R. Tharpe Trust. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 128
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 re #126 Stipulation for Extension of Time for the Langs to Respond to Tharpe's Motion (ECF No. 118) and #127 Joint Motion for Entry of Order Approving Stipulation for Extension of Time for the Langs to Respond to Tharpe's Motion (ECF No. 118). The court APPROVES the parties' stipulation for an extension of time and GRANTS the joint motion for entry of order. The court ORDERS that the time for the plaintiffs to respond to the Tharpe defendants' motion to dismiss is EXTENDED until the end of the day on December 14, 2020. Note: there is no document associated with this text only order. (cc: all counsel and emailed to Peter Colasante)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 127 Joint MOTION for Extension of Time for Entry of Order Approving Stipulation for the Langs to Respond to Tharpe's Motion (ECF No. 118) by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 126 STIPULATION for Extension of Time for the Langs to Respond to Tharpe's Motion (ECF No. 118) by All Plaintiffs. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 125
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 11/24/2020 re #123 Stipulation for Extension of Time to Respond to Colasante's Motion (ECF No. 117) and #124 Joint Motion for Entry of Order Approving Stipulation and Extending Time to Respond to Colasante's Motion (ECF No. 117). The court APPROVES the parties' stipulation for an extension of time and GRANTS the joint motion for entry of an order. The court ORDERS that the time for the plaintiffs to respond to defendant Colasante's motion to dismiss is EXTENDED until the end of the day on December 18, 2020. Note: there is no document associated with this text only order. (cc:all counsel and e-mailed to Peter Colasante)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 124 Joint MOTION for Extension of Time for Entry of Order Approving Stipulation and Extending Time to Respond to Peter Colasante's Motion (ECF No. 117) by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 123 STIPULATION for Extension of Time to Respond to Peter Colasante's Motion (ECF No. 117) by All Plaintiffs. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 122 CERTIFICATE OF SERVICE by All Plaintiffs regarding Plaintiffs' Second Amended Complaint with attached Exhibits A-J EFiled on 10/16/20 served on Peter Colasante via First Class Mail on 10/19/20 (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 121 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 120 UNPUBLISHED Decision Pursuant to L.R. 7(j) filed by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 119 BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #118 MOTION to Dismiss Plaintiffs' Second Amended Complaint . (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 118 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Donald R Tharpe Trust, Donald R Tharpe. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 117 MOTION to Dismiss for Failure to State a Claim, Lack of Personal Jurisdiction, and Insufficient Service of Process by Peter Colasante. (Attachments: #1 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 116
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 10/27/2020 re #113 Stipulation for Extension of Time to Respond to Second Amended Complaint and #114 Joint Motion for Entry of Order Approving Stipulation and Extending Time to Respond to Second Amended Complaint. The court APPROVES the parties stipulation for an extension of time and GRANTS their motion for entry of order. The court ORDERS that the time for the Tharpe defendants to file an answer or other responsive pleading to the second amended complaint is EXTENDED until the end of the day on November 13, 2020. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 115 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 114 Joint MOTION for Extension of Time to Respond to Second Amended Complaint and for Order Approving Stipulation by Donald R Tharpe Trust, Donald R Tharpe. (Attachments: #1 Text of Proposed Order Proposed Order)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 113 STIPULATION for Extension of Time to Respond to Second Amended Complaint by Donald R Tharpe Trust, Donald R Tharpe. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 112 AMENDED COMPLAINT - SECOND with Jury Demand against Peter Colasante, Donald R Tharpe Trust, Donald R Tharpe filed by Robert Lang, Susanne Lang. (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)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 111 REPLY BRIEF in Support filed by All Plaintiffs re #106 MOTION to Change Venue . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 110 MEMORANDUM in Opposition filed by Peter Colasante re #106 MOTION to Change Venue . (Attachments: #1 Cover Letter, #2 Proposed Order, #3 Certificate of Service)(amb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 109
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 09/23/2020 re #108 Letter: The Tharpe defendants have asked whether the court expects them to respond to the plaintiffs' motion to transfer venue (Dkt. No. 106). The Tharpe defendants are correct that the court does NOT expect them to respond to that motion. As they point out in their September 16, 2020 letter, the plaintiffs asked the court to transfer venue in the event that it determined it did not have personal jurisdiction over a particular defendant. The court's order at Dkt. No. 107 reflects the court's conclusion that it does have personal jurisdiction over the Tharpe defendants, so the plaintiffs' motion to transfer venue is moot as to the Tharpe defendants. The court expects that only defendant Colasante will file a response to the motion to transfer venue. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 108 LETTER from Andrea Davenport to Judge Pepper requesting clarification of #107 Order (Davenport, Andrea) Modified on 9/17/2020 (vkb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 107
ORDER signed by Chief Judge Pamela Pepper on 9/14/2020. #14 Defendant Colasante's motion GRANTED to the extent that the court finds it does not have personal jurisdiction over Colasante; the court DEFERS RULING on Colasante's request to dismiss. #47 Tharpe defendants' motion to set aside default GRANTED. #51 Tharpe defendants' motion to dismiss DENIED as to lack of personal jurisdiction; DENIED without prejudice as to failure to state a claim. Defendant Colasante may file response to plaintiffs' motion to transfer venue by 10/2/2020. Plaintiffs to file amended complaint by 10/16/2020. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Copy of #107 Order sent via email to Peter Colasante. (cb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| NOTICE of Electronic Filing Error re #106 MOTION to Change Venue filed by Robert Lang, Susanne Lang; The Memorandum in Support attached to this document should have been filed as a separate entry. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (amb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 106 MOTION to Change Venue by All Plaintiffs. (Attachments: #1 Plaintiffs' Memorandum in Support of Motion to Transfer Venue)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 105
ORDER signed by Chief Judge Pamela Pepper on 8/25/2020 regarding next steps. (cc: all counsel, via email to Peter Colasante)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 104 LETTER from Andrea Davenport to Judge Pepper. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 103 NOTICE by Donald R Tharpe Trust, Donald R Tharpe Regarding Evidentiary Hearing (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 102 LETTER from Shawn Govern RE: hearing on personal jurisdiction. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 101 LETTER from Andrea Davenport to Judge Pepper. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 100 Court Minutes and Order RE: Status Conference held before Chief Judge Pamela Pepper on 8/3/2020. The court GRANTS #87 the defendants' Rule 7(h) motion to strike untimely arguments or for leave to file reply to plaintiffs' supplemental evidence and memorandum in opposition to motion to dismiss plaintiffs' first amended complaint. The court ORDERS that pages 8-16 of Dkt. No. 81 are STRICKEN as untimely and unresponsive to the court's request. The court ORDERS that by the end of the day on August 14, 2020, the parties must file a notice letting the court know how much time they will need for the evidentiary hearing and giving the court a time frame and possible dates for conducting the hearing. (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 99 Audio of status conference held on 08/03/2020 at 9:06 a.m.; File Size (13.2 MB) (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| NOTICE of Hearing: Status Conference set for 8/3/2020 09:00 AM By Telephone before Chief Judge Pamela Pepper. The parties are to call the court's conference line at 888-557-8511 and use the access code 4893665#. (cc: all counsel)(kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 98 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 97 NOTICE by Donald R Tharpe Trust, Donald R Tharpe Regarding Evidentiary Hearing (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 96 LETTER from Attorney Shawn Govern to the Honorable Pamela Pepper dated 7/16/20 regarding rescheduling Evidentiary Hearing In Person . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 95
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 7/9/2020 re Evidentiary Hearing. The court ORDERS that the parties must file a notice by the end of the day on July 16, 2020 informing the court as to whether they agree to hold a re-scheduled evidentiary hearing via Zoom videoconferencing technology. Note: there is no document associated with this text only order. (cc: all counsel)(kgw) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 94 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 93 DECLARATION of Donald R. Tharpe (Attachments: #1 Exhibit A to Fifth Declaration of Donald R. Tharpe, #2 Exhibit B to Fifth Declaration of Donald R. Tharpe)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 92 UNPUBLISHED Decision Pursuant to L.R. 7(j) filed by Donald R Tharpe Trust, Donald R Tharpe (Attachments: #1 Exhibit 1 to Civil L. R. 7(j) Index of Unreported Authorities, #2 Exhibit 2 to Civil L. R. 7(j) Index of Unreported Authorities, #3 Exhibit 3 to Civil L. R. 7(j) Index of Unreported Authorities, #4 Exhibit 4 to Civil L. R. 7(j) Index of Unreported Authorities, #5 Exhibit 5 to Civil L. R. 7(j) Index of Unreported Authorities)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 91 REPLY BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #51 MOTION to Dismiss Plaintiffs' First Amended Complaint, #47 MOTION to Set Aside Default and Plaintiffs' Supplemental Evidence and Memorandum. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 90 RESPONSE to Motion filed by All Plaintiffs re #87 Rule 7(h) Expedited Non-Dispositive MOTION to Strike Untimely Arguments or for Leave to File Reply to Plaintiffs' Supplemental Evidence and Memorandum in Opposition to Motion to Dismiss Plaintiffs' First Amended Complaint MOTION for Leave to File . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 89
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/17/2020. Under General Order 20-2 Regarding COVID-19 Virus Public Emergency (https://www.wied.uscourts.gov/sites/wied/files/documents/Order_Regarding_COVID-19_amended.pdf), the evidentiary hearing scheduled for April 3, 2020 is CONTINUED. All other deadlines are STAYED. The court is monitoring the COVID-19 situation and will reschedule the hearing when it appears that it is safe to hold in-person hearings. Note: There is no document associated with this text-only order. (cc: all counsel)(kgw) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 88 UNPUBLISHED Decision filed by Donald R Tharpe Trust, Donald R Tharpe (Attachments: #1 Exhibit A to Civil Local Rule 7(j) Index of Unpublished Authorities)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 87 Rule 7(h) Expedited Non-Dispositive MOTION to Strike Untimely Arguments or for Leave to File Reply to Plaintiffs' Supplemental Evidence and Memorandum in Opposition to Motion to Dismiss Plaintiffs' First Amended Complaint by Donald R Tharpe Trust, Donald R Tharpe. (Davenport, Andrea). Added MOTION for Leave to File on 3/13/2020 (amb). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 86 DECLARATION of Shawn M. Govern in Support of Plaintiffs' Supplemental Evidence Memorandum in Opposition to Defendants' Donald R. Tharpe and Donald R. Tharpe Trust's Motion to Dismiss Plaintiffs' First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 85 DECLARATION of Gary Hendershott in Support of Plaintiffs' Supplemental Evidence Memorandum in Opposition to Defendants Donald R. Tharpe's and Donald R. Tharpe Trust's Motion to Dismiss Plaintiffs' First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 84 DECLARATION of William D. Hester in Support of Plaintiffs' Supplemental Evidence Memorandum in Opposition to Defendants Donald R. Tharpe's and Donald R. Tharpe Trust's Motion to Dismiss Plaintiffs' First Amended Complaint (Attachments: #1 Exhibit A)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 83 DECLARATION of Richard D. Hendricks in Support of Plaintiffs' Supplemental Evidence Memorandum in Opposition to Defendants Donald R. Tharpe's and Donald R. Tharpe Trust's Motion to Dismiss Plaintiffs' First Amended Complaint (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)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 82 DECLARATION of Robert A. Lang in Support of Plaintiffs' Supplemental Evidence Memorandum in Opposition to Defendants Donald R. Tharpe's and Donald R. Tharpe Trust's Motion to Dismiss Plaintiffs' First Amended Complaint (Attachments: #1 Exhibit AA, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F1, #8 Exhibit F2, #9 Exhibit G1, #10 Exhibit G2, #11 Exhibit H, #12 Exhibit I)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 81 BRIEF in Opposition filed by All Plaintiffs re #14 MOTION to Dismiss, #51 MOTION to Dismiss Plaintiffs' First Amended Complaint, #47 MOTION to Set Aside Default . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 80 Court Minutes and Order RE: Status Conference held on 2/6/2020 before Chief Judge Pamela Pepper. The court ORDERS that the plaintiffs must file their supplemental brief by the end of the day on March 10, 2020. ( Evidentiary Hearing set for 4/3/2020 09:30 AM in Courtroom 222, 517 E. Wisconsin Ave., Milwaukee, WI 53202 before Chief Judge Pamela Pepper.) (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 79 Audio of status conference held on 02/06/2020 at 12:19 p.m.; File Size (23.1 MB) (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 78 CERTIFICATE OF SERVICE by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 77 DECLARATION of Toni Tharpe in Support of Supplemental Evidence in Support of Defendant Donald R. Tharpe and the Donald R. Tharpe Trust's Motions to Set Aside Entry of Default and to Dismiss (Attachments: #1 Exhibit A to Toni Tharpe Declaration, #2 Exhibit B to Toni Tharpe Declaration)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 76 DECLARATION of Emily Gellings in Support of Supplemental Evidence in Support of Defendant Donald R. Tharpe and the Donald R. Tharpe Trust's Motions to Set Aside Entry of Default and to Dismiss (Attachments: #1 Exhibit A to Gellings Declaration, #2 Exhibit B to Gellings Declaration)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 75 DECLARATION of Donald R. Tharpe in Support of Supplemental Evidence in Support of Defendant Donald R. Tharpe and the Donald R. Tharpe Trust's Motions to Set Aside Entry of Default and to Dismiss (Attachments: #1 Exhibit A to Fourth Tharpe Declaration, #2 Exhibit B to Fourth Tharpe Declaration, #3 Exhibit C to Fourth Tharpe Declaration, #4 Exhibit D to Fourth Tharpe Declaration, #5 Exhibit E to Fourth Tharpe Declaration, #6 Exhibit F to Fourth Tharpe Declaration, #7 Exhibit G to Fourth Tharpe Declaration)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 74 DECLARATION of Andrea M. Davenport in Support of Supplemental Evidence in Support of Defendant Donald R. Tharpe and the Donald R. Tharpe Trust's Motions to Set Aside Entry of Default and to Dismiss (Attachments: #1 Exhibit A to Davenport Declaration, #2 Exhibit B to Davenport Declaration)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 73 BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #51 MOTION to Dismiss Plaintiffs' First Amended Complaint, #47 MOTION to Set Aside Default . (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 72 Court Minutes and Order for proceedings held before Judge Pamela Pepper: Motion hearing held on 10/2/2019, (Limited Discovery due by 1/31/2020, Status Conference set for 2/6/2020 12:15 PM By Telephone before Judge Pamela Pepper.) Parties wishing to appear by phone may do so by calling the courts conference line at 888-557-8511 and using the access code 4893665#. (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 71 Audio of motion hearing held on 10/02/2019 at 3:32 p.m.; File Size(38.8 MB) (kgw) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 70
TEXT ONLY ORDER signed by Judge Pamela Pepper on 10/01/2019 re #68 MOTION to Adjourn: The court DENIES the plaintiff's motion to adjourn the hearing scheduled for Wednesday, October 2, 2019 at 3:30 p.m. The court notes that it has scheduled this hearing as a telephone hearing. There is no need for the parties to appear in person (unless they choose to do so). The court may not resolve all of the pending motions at the October 2, 2019 hearing, but it has questions for the parties and concerns it wishes to address with them. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 69 LETTER/RESPONSE IN OPPOSITION to Court regarding Hearing Date from Andrea Davenport re #68 Motion to Adjourn. (Davenport, Andrea) Modified on 10/1/2019 (ds). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 68 LETTER/MOTION to Adjourn Motion Hearing set for 10/02/19 from Attorney Shawn Govern to Judge Pepper dated 9/27/19 . (Attachments: #1 Attachment - Email dated 9/27/19 from Peter Colasante)(Govern, Shawn) Modified on 9/30/2019 (ds). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 67 NOTICE of Change of Hearing: Motion Hearing on #14 MOTION to Dismiss; #47 MOTION to Set Aside Default; #51 MOTION to Dismiss re-set for 10/2/2019 at 3:30 PM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. Note: this hearing was originally set for 9/10/2019 and is being rescheduled at the request of the plaintiff (defendants did not object). (cc: all counsel, via mail to Peter Colasante)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 66 LETTER from Attorney Shawn Govern to Honorable Pamela Pepper regarding conflict with 9/10/19 Motion Hearing. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 65 UNPUBLISHED Decision filed by Donald R Tharpe Trust, Donald R Tharpe (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 64 REPLY BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #51 MOTION to Dismiss Plaintiffs' First Amended Complaint . (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 63 NOTICE of Hearing: Motion Hearing on #14 MOTION to Dismiss; #47 MOTION to Set Aside Default; #51 MOTION to Dismiss set for 9/10/2019 at 9:30 AM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. If necessary, the parties should be prepared to discuss scheduling at this hearing. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 62 BRIEF in Opposition filed by All Plaintiffs re #51 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendants Donald R. Tharpe and Donald R. Tharpe Trust. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 61 UNPUBLISHED Decision filed by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 60 DECLARATION of Donald R. Tharpe (Attachments: #1 Exhibit A)(Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 59 REPLY BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #47 MOTION to Set Aside Default ., REPLY BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe . (Davenport, Andrea) Modified on 7/15/2019 (blr). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 58 DECLARATION of Ronald J. Aiani (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 57 DECLARATION of Robert Lang in Opposition to Defendants' Donald R. Tharpe and Donald R. Tharpe Trust Motion to Set Aside Entry of Default (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 56 DECLARATION of Shawn M. Govern in Opposition to Defendants' Donald R. Tharpe and Donald R. Tharpe Trust Motion to Set Aside Entry of Default (Attachments: #1 Exhibit A)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 55 BRIEF in Opposition filed by All Plaintiffs re #47 MOTION to Set Aside Default . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 54 UNPUBLISHED Decision filed by Donald R Tharpe Trust, Donald R Tharpe (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 53 DECLARATION of Donald R. Tharpe in Support of Defendants' Motion to Dimiss Plaintiffs' First Amended Complaint (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 52 BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #51 MOTION to Dismiss Plaintiffs' First Amended Complaint . (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 51 MOTION to Dismiss Plaintiffs' First Amended Complaint by Donald R Tharpe Trust, Donald R Tharpe. (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 50 DISCLOSURE Statement by Donald R Tharpe Trust, Donald R Tharpe. (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 49 DECLARATION of Donald R. Tharpe (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 48 BRIEF in Support filed by Donald R Tharpe Trust, Donald R Tharpe re #47 MOTION to Set Aside Default . (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 47 MOTION to Set Aside Default by Donald R Tharpe Trust, Donald R Tharpe. (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 46 NOTICE of Appearance by Andrea M Davenport on behalf of Donald R Tharpe Trust, Donald R Tharpe. Attorney(s) appearing: Andrea M. Davenport (Davenport, Andrea) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 45 NOTICE of Appearance by Jessica Hutson Polakowski on behalf of Donald R Tharpe Trust, Donald R Tharpe. Attorney(s) appearing: Jessica H. Polakowski (Polakowski, Jessica) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Clerk's ENTRY OF DEFAULT as to Donald R Tharpe Trust, Donald R Tharpe. (amb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 44
ORDER signed by Judge Pamela Pepper on 12/12/2018 APPROVING #38 Stipulation of Dismissal. Plaintiff's claims against defendant Ronald J. Aiani DISMISSED with prejudice and on the merits, without costs or disbursements to any party. #6 #17 Defendant Aiani's motions to dismiss for failure to state claim and lack of jurisdiction DENIED as moot. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 43 DECLARATION of Shawn M. Govern in Support of Motion for Default Against Defendants Donald R. Tharpe and Donald R. Tharpe Trust (Attachments: #1 Exhibit A-1 and A-2, #2 Exhibit B-1 and B-2, #3 Exhibit C-1 and C-2, #4 Exhibit D-1 and D-2, #5 Exhibit E-1 and E-2)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 42 BRIEF in Support filed by All Plaintiffs re #41 MOTION for Default Judgment as to Donald R. Tharpe and Donald R. Tharpe Trust Pursuant to Federal Rule of Civil Procedure 55(a) . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 41 REQUEST MOTION for Default Judgment as to Donald R. Tharpe and Donald R. Tharpe Trust Pursuant to Federal Rule of Civil Procedure 55(a) by All Plaintiffs. (Govern, Shawn) Modified on 12/21/2018 (amb). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 40 SERVICE by Publication filed by All Plaintiffs. Last publication date October 27, 2018 for Donald R. Tharpe Trust. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 39 SERVICE by Publication filed by All Plaintiffs. Last publication date October 27, 2018 for Donald R. Tharpe. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 38 STIPULATION of Dismissal with Prejudice re: Ronald Aiani by Ronald J Aiani. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal with Prejudice re Ronald Aiani)(Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 37 SERVICE by Publication filed by All Plaintiffs. Last publication date 10/27/18 for Donald R. Tharpe Trust. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 36 SERVICE by Publication filed by All Plaintiffs. Last publication date 10/26/18 for Donald R. Tharpe. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 35 BRIEF in Opposition filed by All Plaintiffs re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction re First Amended Complaint . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 34
TEXT ONLY ORDER signed by Judge Pamela Pepper on 10/31/2018 re #33 Joint Civil L.R. 7(h) Expedited Non-Dispositive Motion to Extend Time for Plaintiffs' Response to Defendant, Ronald J. Aiani's Motion to Dismiss. The court GRANTS the motion for an extension of time. The court ORDERS that the time for the plaintiffs to file their response to Defendant Aiani's motion to dismiss is EXTENDED until the end of the day on November 2, 2018. Note: there is no document associated with this text only order. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 33 Joint MOTION for Extension of Time - Joint Civil L.R. 7(h) Expedited Non-Dispositive Motion to Extend Time for Plaintiffs' Response to Defendant, Ronald J. Aiani's Motion to Dismiss by All Plaintiffs. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 32 AFFIDAVIT of Robert Lang in Opposition to Peter Colasante's Motion to Dismiss. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 31 BRIEF in Opposition filed by All Plaintiffs re #14 MOTION to Dismiss filed by Peter Colasante. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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Filing 30
TEXT ONLY ORDER signed by Judge Pamela Pepper on 10/19/2018 re #28 MOTION for Extension of Time to Serve Defendants Donald R. Tharpe and Donald R. Tharpe Trust Pursuant to Federal Rule of Civil Procedure 4(m) and Memorandum in Support filed by Robert Lang, Susanne Lang: The court FINDS that good cause exists to extend the deadline for the plaintiffs to effect service on defendants Donald R. Tharpe and Donald R. Tharpe Trust. The court GRANTS the plaintiffs' motion to extend the time to serve under Fed. R. Civ. P. 4(m), and ORDERS that the deadline for the plaintiffs to effect service is EXTENDED to December 10, 2018. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) [Transferred from Wisconsin Eastern on 6/2/2022.]
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| Filing 29 DECLARATION of Shawn M. Govern in Support of Plaintiffs' Motion for Extension of Time to Serve Defendants Donald R. Tharpe and Donald R. Tharpe Trust (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 28 MOTION for Extension of Time to Serve Defendants Donald R. Tharpe and Donald R. Tharpe Trust Pursuant to Federal Rule of Civil Procedure 4(m) and Memorandum in Support by All Plaintiffs. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 27 AFFIDAVIT of Mailing for Service Via US Mail of Plaintiffs' First Amended Complaint with Exhibits, and Notice of Lawsuit and Waiver of the Service of Summons form to Donald R. Tharpe Trust . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 26 SUMMONS Returned Executed by All Plaintiffs. Donald R Tharpe Trust served on 10/3/2018. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 25 AFFIDAVIT of Service/Mailing for Service Via First Class U.S. Mail of Plaintiffs' Complaint, Notice of a Lawsuit and Waiver of the Service of Summons forms with prepaid self addressed stamped envelope to Donald R. Tharpe Trust . (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 24 Summons Returned Unexecuted by All Plaintiffs as to Donald R Tharpe Trust. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 23 AFFIDAVIT of Mailing for Service Via US Mail of Plaintiffs' First Amended Complaint with Exhibits, and Notice of Lawsuit and Waiver of the Service of Summons form to Donald R. Tharpe. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 22 SUMMONS Returned Executed by All Plaintiffs. Donald R Tharpe served on 10/3/2018. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 21 AFFIDAVIT of Service/Mailing for Service Via First Class U.S. Mail of Plaintiffs' Complaint, Notice of a Lawsuit and Waiver of the Service of Summons forms with prepaid self addressed stamped envelope to Donald R. Tharpe. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 20 Summons Returned Unexecuted by All Plaintiffs as to Donald R Tharpe. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 19 CERTIFICATE OF SERVICE by Ronald J Aiani re Motion to Dismiss First Amended Complaint (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 18 BRIEF in Support filed by Ronald J Aiani re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction re First Amended Complaint . (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction re First Amended Complaint by Ronald J Aiani. (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 16 AFFIDAVIT of Peter Colasante. (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 15 BRIEF in Support filed by Peter Colasante re #14 MOTION to Dismiss. (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 14 MOTION to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction by Peter Colasante. (Attachments: #1 Cover Letter, #2 Proposed Order)(mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| NOTICE of Electronic Filing Error re #12 and #13 Certificate of Service filed by Robert Lang, Susanne Lang; The incorrect event was chosen; Summons Returned Executed is the correct event. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (amb) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 13 SUMMONS Returned Executed - Ronald Aiani served on 08/13/2018. CERTIFICATE OF SERVICE by All Plaintiffs -Affidavit of Service for Ronald Aiani - Served 8/13/18 (Govern, Shawn) Modified on 10/3/2018 (amb). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 12 SUMMONS Returned Executed - Peter Colasante served on 9/13/2018. CERTIFICATE OF SERVICE by All Plaintiffs -Affidavit of Service-Proof of Service for Peter Colasante - Served 9/13/18 (Govern, Shawn) Modified on 9/28/2018 (amb). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 11 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Robert Lang, Susanne Lang. (Attachments: #1 Exhibit A1-A5, #2 Exhibit A6, #3 Exhibit A7, #4 Exhibit A8, #5 Exhibit A9)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Due to non-consent, case reassigned to Judge Pamela Pepper. Magistrate Judge William E Duffin no longer assigned to the case. (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 10 Magistrate Judge Jurisdiction Form filed by Ronald J Aiani. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 9 DECLARATION of Richard J Thomas in Support of Defendant Aiani's Motion to Dismiss (Attachments: #1 Exhibit A)(Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 8 AFFIDAVIT of Ronald J Aiani . (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 7 BRIEF in Support filed by Ronald J Aiani re #6 MOTION TO DISMISS for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction . (Thomas, Richard) Modified on 9/4/2018 (lz). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 6 MOTION TO DISMISS for Failure to State a Claim and MOTION to Dismiss for Lack of Personal Jurisdiction by Ronald J Aiani. (Thomas, Richard) Modified on 9/4/2018 (lz). [Transferred from Wisconsin Eastern on 6/2/2022.] |
| NOTICE from the clerk to Defendant, Ronald J. Aiani requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 21 days; the form is available at the court's web site: www.wied.uscourts.gov. (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 5 DISCLOSURE Statement by Ronald J Aiani. (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 4 NOTICE of Appearance by Richard J Thomas on behalf of Ronald J Aiani. Attorney(s) appearing: Richard J. Thomas (Thomas, Richard) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 3 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| SECOND NOTICE from the clerk to Plaintiffs requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed by 8/23/18; the form is available at the court's web site: www.wied.uscourts.gov (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 2 DISCLOSURE Statement by All Plaintiffs. (Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| NOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Summons Issued as to Ronald J Aiani, Peter Colasante, Donald R Tharpe Trust, Donald R Tharpe. (mlm) [Transferred from Wisconsin Eastern on 6/2/2022.] |
| Filing 1 COMPLAINT Against All Defendants with Jury Demand; against All Plaintiffs by Robert Lang, Susanne Lang. ( Filing Fee PAID $400 receipt number 0757-2875523) (Attachments: #1 Exhibit A1-A4 and B, #2 Summons - Donald R. Tharpe, #3 Summons - Donald R. Tharpe Trust, #4 Summons - Peter Colasante, #5 Summons - Ronald J. Aiani, #6 Civil Cover Sheet)(Govern, Shawn) [Transferred from Wisconsin Eastern on 6/2/2022.] |
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