Kim v. McEwen et al
| Michael Kim |
| Stephen L. Meininger, Mark S. Miller, Stephanie C. Lieb, Westwater Construction, Inc., Eric Jacobs, Catherine Peek McEwen, Shirin Mohammadbhoy Vesely and Hunter Wyman Carroll |
| Trail Management, LLC |
| 8:2020cv02225 |
| September 21, 2020 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| William F Jung |
| Thomas G Wilson |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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Filing 62
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Frank S. Homsher is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until December 11, 2020, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Signed by Judge William F. Jung on 11/19/2020. (SAO)
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Filing 61
ENDORSED ORDER denying #60 Motion. Signed by Judge William F. Jung on 11/9/2020. (Jung, William)
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| Filing 60 MOTION for demand for Findings of Facts and Conclusions of Law by Michael Kim. (Attachments: #1 Exhibit A)(AG) |
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Filing 59
ENDORSED ORDER denying #58 Motion for Reconsideration / Clarification. Signed by Judge William F. Jung on 11/2/2020. (Jung, William)
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| Filing 58 NOTICE OF CLEAR ERROR OF LAW AND MOTION for Reconsideration re 54 Order no pdf, #39 Order pdf, 48 Order no pdf by Michael Kim. (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)(JNB) |
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Filing 57
ENDORSED ORDER: Doc. 56 is stricken. It appears to be an objection to a bankruptcy court's order. As such, it must be filed in that court with the issuing judicial officer; the undersigned has no jurisdiction to review bankruptcy court orders presented in this manner. Signed by Judge William F. Jung on 10/28/2020. (Jung, William)
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| Filing 56 ***STRICKEN; pursuant to court's endorsed order 57.***OBJECTION to McEwen's Order of October 20, 2020 by Michael Kim. (Attachments: #1 Exhibit J, #2 Exhibit U)(AG) Modified text on 10/29/2020 (LNR). |
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Filing 55
ENDORSED ORDER denying as moot #18 Motion for Summary Judgment; the Complaint has been dismissed. Signed by Judge William F. Jung on 10/22/2020. (Jung, William)
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Filing 54
ENDORSED ORDER DISMISSING COMPLAINT (DOC. 1). The Complaint at Doc. 1 seeks this Court to adjudicate a matter by withdrawal of reference to bankruptcy court. The Court has determined that this matter is not a mandatory withdrawal case; the issues presented in the underlying matter are routine for bankruptcy court, often, indeed daily decided there. Accordingly, no withdrawal of reference will occur. Therefore, the Complaint is subject to dismissal as the withdrawal of reference was denied. Signed by Judge William F. Jung on 10/22/2020. (Jung, William)
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Filing 52
ENDORSED ORDER striking #28 Motion. This type of motion is not cognizable and should, if appropriate and timely, be asserted in bankruptcy court. Signed by Judge William F. Jung on 10/22/2020. (Jung, William)
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Filing 51
ENDORSED ORDER denying #38 motion to imprison counsel and objection to extension of time. Signed by Judge William F. Jung on 10/22/2020. (Jung, William)
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Filing 50
ENDORSED ORDER denying #34 Motion to imprison opposing counsel and objection to extension of time. Signed by Judge William F. Jung on 10/22/2020. (Jung, William)
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Filing 48
ENDORSED AMENDED ORDER DISMISSING CASE AGAINST BOTH PRESIDING JUDGES WITH PREJUDICE: The case against Judge McEwen is dismissed with prejudice. Likewise, the case against Judge Hunter W. Carroll is dismissed with prejudice. Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000); McCullough v. Finley, 907 F.3d 1324, 1331 (11th Cir. 2018); McCree v. Griffin, 2020 WL 2632329 (11th Cir. May 20, 2020). Judges enjoy absolute judicial immunity for all acts undertaken in their judicial capacity, even if alleged act is shown to be in error, done maliciously, or in excess of his or her authority. A judge is only subject to liability in the clear absence of all jurisdiction. That is not present here - this is not the clear absence of all jurisdiction. Signed by Judge William F. Jung on 10/22/2020. (Jung, William) Modified on 10/22/2020 (Jung, William). Modified on 10/22/2020 (Jung, William).
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Filing 47
ENDORSED ORDER denying #3 Motion to Withdraw Reference. Movant seeks mandatory withdrawal of reference pursuant to 28 U.S.C. 157(d). This passage is to be read narrowly. In Re. Ponce Marine Farm, Inc., 172 B.R. 722 (D. P.R. 1994); Macon Prestressed Concrete Co. v. Duke, 46 B.R. 727 (M.D. Ga. 1985). This motion does not meet those standards. Signed by Judge William F. Jung on 10/22/2020. (Jung, William) Modified on 10/23/2020 (Jung, William).
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| Filing 46 JOINDER in motion by Eric Jacobs re #43 MOTION for Sanctions Against Michael Kim filed by Westwater Construction, Inc. and Response in Opposition to Motion for Prison Sentence #34. (Attachments: #1 Exhibit Sanctions Order, #2 Exhibit Second Sanctions Order, #3 Exhibit Good Faith Conferral Email to Kim, #4 Exhibit Filing Confirmation of Renewed Motion)(Jacobs, Eric) |
| Filing 45 NOTICE of Filing Bankruptcy Order by Eric Jacobs, Stephen L. Meininger. (Jacobs, Eric) |
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Filing 44
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Signed by Judge William F. Jung on 10/21/2020. (SAO)
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| Filing 43 MOTION for Sanctions Against Michael Kim by Westwater Construction, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42a, #43 Exhibit 42b, #44 Exhibit 42c, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46)(Lieb, Stephanie) |
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Filing 42
ORDER granting #36 Defendant Judge Hunter W. Carroll's Motion for Extension of Time. Deadline to file answer to complaint extended to 11/20/2020. Signed by Magistrate Judge Thomas G. Wilson on 10/20/2020. (DMS)
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Filing 41
ORDER granting #32 Defendants Westwater Construction, Inc., Mark S. Miller, Shirin Mohammadbhoy Vesley, and Stephanie C. Lieb's First Motion for Extension of Time. Deadline to respond to complaint: 11/12/2020; deadline to respond to withdrawal motion: 11/9/2020; deadline to respond to motion for summary judgment: 11/25/2020; deadline to respond to Trail Management, LLC's motion to disallow Westwater's claim: 11/15/2020. Signed by Magistrate Judge Thomas G. Wilson on 10/20/2020. (DMS)
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| Filing 40 Case Reassigned to Judge William F. Jung. New case number: 8:20-cv-2225-T-02TGW. Judge Charlene Edwards Honeywell no longer assigned to the case. (AG) |
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Filing 39
ORDER: 1. Pursuant to Local Rule 1.04(b), this case is hereby TRANSFERRED to United States District Judge William F. Jung, Tampa Division, for all further proceedings. 2. The Clerk is directed to TRANSFER this case to United States District Judge William F. Jung, Tampa Division. Signed by Judge Charlene Edwards Honeywell on 10/20/2020. (GLP)
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| Filing 38 OPPOSITION to [ 32] MOTION for Extension of Time to File Responses; and MOTION for a prison sentence of up to five (5) years on Defendant Stephanie C. Lieb for her willful perjury on certification of good faith conferral by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(AG) |
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Filing 37
ENDORSED ORDER granting #26 Motion to Seal Confidential Information of Defendant Judge Hunter W. Carroll, or in the Alternative to Redact. The Clerk is directed to redact (1) the home address of Defendant Carroll listed on the first page of #2 the summonses for various defendants; and (2) all information pertaining to Defendant Carroll's address and his spouse on both pages of #17 the Affidavit of Service and accompanying Summons. Alternatively, if the Clerk cannot accomplish such redaction, the Clerk shall place these documents under seal. Signed by Judge Charlene Edwards Honeywell on 10/16/2020. (GLP)
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| Filing 36 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Hunter Wyman Carroll. (Attachments: #1 Exhibit Email Conferral 3.01g)(Baker, Samantha-Josephine) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 34 OBJECTION to Magistrate's #30 Order extending time; and MOTION for a prison sentence of up to five (5) years on Defendant Eric D. Jacobs for his willful perjury on certification of good faith conferral by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B)(AG) |
| Filing 33 NOTICE of filing OPPOSITION to Defendants Meininger and Lieb's Motion for Sanctions and Demand for Jury Trial as this is a Criminal Contempt by Michael Kim (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(AG) |
| Filing 32 MOTION for Extension of Time to File Responses to Plaintiff's Complaint; Motion to Withdraw Reference of the Bankruptcy Court; Proposed Order to Show Cause; Motion for Summary Judgment on Count I to Determine the Validity of Westwater's Lien and Judgment; and Trail Management, LLC's Motion Requesting this Court to Disallow Westwater's Claim by Stephanie C. Lieb, Mark S. Miller, Shirin Mohammadbhoy Vesely, Westwater Construction, Inc. (Lieb, Stephanie) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 10/15/2020 (DG). |
| Filing 31 RESPONSE in Opposition re #27 First MOTION for Extension of Time to File Response/Reply as to #10 Notice (Other), #1 Complaint, #8 Declaration, #18 MOTION for Summary Judgment, #3 MOTION to Withdraw Reference, #19 Declaration filed by Michael Kim. (Attachments: #1 Exhibit A)(AG) |
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Filing 30
ORDER granting #27 defendants Stephen L. Meininger and Eric Jacobs' Renewed First Motion for Extension of Time. Deadline for responding to complaint extended to 11/16/2020; Deadline for responding to #3 MOTION to Withdraw Reference extended to 11/9/2020; Deadline for responding to Proposed Order to Show Cause extended to 11/16/2020; Deadline for responding to #18 MOTION for Summary Judgment extended to 11/25/2020. Signed by Magistrate Judge Thomas G. Wilson on 10/14/2020. (DMS)
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| Filing 28 ***STRICKEN; pursuant to court's endorsed order 52.***MOTION for Miscellaneous Relief, specifically Requesting this Court Disallow Westwater's Claim by Trail Management, LLC. (Attachments: #1 Exhibit)(Robinson, Amber) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 10/14/2020 (JNB). Modified text on 10/23/2020 (LNR). |
| Filing 27 First MOTION for Extension of Time to File Response/Reply as to #10 Notice (Other), #1 Complaint, #8 Declaration, #18 MOTION for Summary Judgment, #3 MOTION to Withdraw Reference, #19 Declaration by Eric Jacobs, Stephen L. Meininger. (Attachments: #1 Exhibit Sanctions Order)(Jacobs, Eric) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 26 MOTION to Seal CONFIDENTIAL INFORMATION by Hunter Wyman Carroll. (Baker, Samantha-Josephine) |
| Filing 25 NOTICE of Appearance by Samantha-Josephine Baker on behalf of Hunter Wyman Carroll (Baker, Samantha-Josephine) |
| Filing 24 JOINDER in motion by Stephanie C. Lieb, Mark S. Miller, Shirin Mohammadbhoy Vesely, Westwater Construction, Inc. Westwater Construction, Inc., Mark S. Miller, Shirin Mohammadbhoy Vesely, and Stephanie C. Lieb's Amended Notice of Joinder in Stephen L. Meininger and Eric Jacobs' First Motion for Extension of Time and Request for Extension of Time. (Lieb, Stephanie) |
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Filing 23
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #20 Stephen L. Meininger and Eric Jacobs' First Motion for Extension of Time. The motion lacks a good faith conferral certification. Signed by Judge Charlene Edwards Honeywell on 10/9/2020. (GLP)
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| Filing 22 JOINDER in motion by Stephanie C. Lieb, Mark S. Miller, Shirin Mohammadbhoy Vesely, Westwater Construction, Inc. re #20 MOTION for Extension of Time to File Response/Reply as to #10 Notice (Other), #1 Complaint, #8 Declaration, #3 MOTION to Withdraw Reference filed by Stephen L. Meininger, Eric Jacobs . (Lieb, Stephanie) |
| Filing 21 NOTICE of filing Federal Tort Claim against Catherine Peek McEwen and Stephen L. Meininger by Michael Kim. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P, #15 Exhibit Q, #16 Exhibit R, #17 Exhibit S, #18 Exhibit T, #19 Exhibit U)(AG) |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to #10 Notice (Other), #1 Complaint, #8 Declaration, #3 MOTION to Withdraw Reference by Eric Jacobs, Stephen L. Meininger. (Attachments: #1 Exhibit Sanctions Order)(Jacobs, Eric) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 19 DECLARATION of Michael Kim in support of #18 MOTION for Summary Judgment by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(AG) |
| Filing 18 MOTION for Summary Judgment by Michael Kim. (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)(AG) |
| Filing 17 RETURN of service executed on 9/30/20 by Michael Kim as to Hunter Wyman Carroll. (AG)(Image redacted pursuant to the Court's 37 Order.) Modified on 10/19/2020 (AG). |
| Filing 16 RETURN of service executed on 09/24/20 by Michael Kim as to Mark S. Miller. (AG) |
| Filing 15 RETURN of service executed on 09/28/20 by Michael Kim as to Catherine Peek McEwen. (AG) Modified on 10/8/2020 (AG). |
| Filing 14 RETURN of service executed on 09/23/20 by Michael Kim as to Shirin Mohammadbhoy Vesely. (AG) |
| Filing 13 RETURN of service executed on 9/28/20 by Michael Kim as to Westwater Construction, Inc. (AG) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Michael Kim. (AG) |
| Filing 11 NOTICE of pendency of related cases per Local Rule 1.04(d) by Michael Kim. Related case(s): yes. (AG) |
| Filing 10 SUBMISSION OF PROPOSED Order to Show Cause by Michael Kim. (AG) |
| Filing 9 NOTICE of pendency of related cases per Local Rule 1.04(d) by Stephanie C. Lieb, Mark S. Miller, Westwater Construction, Inc.. Related case(s): Yes (Lieb, Stephanie) |
| Filing 8 DECLARATION of Michael Kim in support of Order to Show Cause. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit Q1, #19 Exhibit Q2, #20 Exhibit Q3, #21 Text of Proposed Order)(AG) |
| Filing 7 RETURN of service executed on 09/24/2020 by Michael Kim as to Stephen L. Meininger. (AG) |
| Filing 6 RETURN of service executed on 09/24/2020 by Michael Kim as to Stephanie C. Lieb. (AG) |
| Filing 5 RETURN of service executed on 09/24/2020 by Michael Kim as to Eric Jacobs. (AG) |
| Filing 4 NOTIICE of declination to Magistrate Judge jurisdiction by Michael Kim. (AG) |
| Filing 3 MOTION to Withdraw Reference of the Bankruptcy Court by Michael Kim. (AG) |
| Filing 2 SUMMONS issued as to Hunter Wyman Carroll, Eric Jacobs, Stephanie C. Lieb, Catherine Peek McEwen, Stephen L. Meininger, Mark S. Miller, Shirin Mohammadbhoy Vesely, Westwater Construction, Inc. (CRH)(Image redacted pursuant to the Court's 37 Order.) Modified on 10/19/2020 (AG). |
| FEES paid by Michael Kim (Filing fee $400.00 receipt number TPA061964) (ARC) |
| Filing 1 COMPLAINT to withdraw the reference to bankruptcy court against Hunter Wyman Carroll, Eric Jacobs, Stephanie C. Lieb, Catherine Peek McEwen, Stephen L. Meininger, Mark S. Miller with Jury Demand filed by Michael Kim. (Attachments: #1 Exhibit A, C thru F, #2 Civil Cover Sheet)(Filing fee: Not Paid; No Motion for IFP filed.) (AG) |
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