Merget v. Moss, et al
| Albert Merget |
| Gene Moss, Kensington Associates a Florida general partnership doing business as The Kensington, Jules Gerson, Edward S. Nekritz, Irving Miller, Hal Asch, Robert Blaine, Tredd Investors, Michael Hamaway, Mombach Boyle & Hardin, Resolutions, Inc., Ivan J. Smith & Co., Inc., Nina Lascari, Peter Duhaime, Sandra Driscoll, William Robert Leonard, William Venturi and Rhonda Hollander |
| 0:2003cv60896 |
| May 13, 2003 |
| US District Court for the Southern District of Florida |
| Linnea R Johnson |
| Kenneth A Marra |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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| Filing 445 USCA MANDATE (certified copy) Affirming judgment/order of the district court with court's opinion; Bill of costs are hereby taxed in the amount of $66.59 against Appellant and are payable directly to Appellee, re #397 Notice of Appeal, filed by Albert Merget, #396 Notice of Appeal, filed by Albert Merget. Date issued 3/11/2008. USCA Case Number: 06-14268-AA. Copy to Judge. (abd) |
| Filing 444 Appeal Record Returned: (Miami Records) Consisting of (11) Volumes of Pleadings and (1) Accordion Folder, #397 Notice of Appeal, #396 Notice of Appeal, USCA #06-14268-AA (abd) |
Filing 443
ORDER of DISMISSAL from USCA, this appeal is hereby dismissed for want of prosecution because the appellant has failed to pay the $450 docketing and $5 filing fees ($455) to the district court clerk within the time fixed by the rules, re #434 Notice of Appeal filed by Albert Merget, USCA #07-11436-A (abd)
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| Filing 442 Appeal Remark re #434 Notice of Appeal,, #429 Notice of Appeal: These cases will be consolidated by the clerk pursuant to Fed.R.App.P 3(b). (abd) |
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Filing 441
ORDER denying #440 Motion for Leave to Appeal in forma pauperis Signed by Judge Kenneth A. Marra on 6/6/07. (pc)
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| Filing 440 AFFIDAVIT AND MOTION for Leave to Appeal in forma pauperis by Albert Merget. (pc) |
| Filing 439 ACKNOWLEDGEMENT OF RECEIPT FROM USCA re #397 Notice of Appeal,,,,, #396 Notice of Appeal,,,, receipt of: COR/ROA date received by USCA 4/27/07 USCA number 06-14268-AA (pc) |
| Filing 438 USCA Case Number USCA Case Number:07-11695-A for #434 Notice of Appeal, filed by Albert Merget,, #429 Notice of Appeal filed by Albert Merget,. (pc) |
| Filing 437 TRANSCRIPT INFORMATION FORM by Albert Merget re #397 Notice of Appeal,,,,, #396 Notice of Appeal,,,,. No Transcript Requested. (pc) |
| Filing 436 CERTIFICATE of Readiness transmitted to USCA re #397 Notice of Appeal, filed by Albert Merget,, #396 Notice of Appeal, filed by Albert Merget, (pc) |
| Certified and Transmitted Record on Appeal to US Court of Appeals: (Atlanta/Office) (11) Volumes of Pleadings, (1) Accordian Folders re #397 Notice of Appeal, #396 Notice of Appeal, (pc) |
| Filing 435 ACKNOWLEDGEMENT OF RECEIPT FROM USCA re #434 Notice of Appeal, receipt of: Notice of Appeal date received by USCA 4/2/07 USCA number 07-11436-A (pc) |
| Filing 434 AMENDED NOTICE OF APPEAL by Albert Merget as to #427 Order Adopting Report and Recommendations, #428 Judgment, #414 Order, #432 Order on Motion to Stay, Order on Motion to Remand to State Court, Order on Motion for Reconsideration, Order on Motion for Permanent Injunction. Filing Fees: (FEE NOT PAID). (pc) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #434 Notice of Appeal, (pc) |
| Filing 433 TRANSCRIPT INFORMATION FORM by Albert Merget re #429 Notice of Appeal. No Transcript Requested. (pc) |
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Filing 432
ORDER denying #430 Motion to Stay, denying #430 Motion to Remand to State Court, denying #430 Motion for Reconsideration, denying #430 Motion for Permanent Injunction Signed by Judge Kenneth A. Marra on 3/23/2007. (mt)
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| Filing 431 MEMORANDUM in Support re #430 permanent injunction or stay of the Draconia order & Judgment [427-428], filed by Albert Merget. (pa) |
| Filing 430 MOTION to Stay re #427 Order Adopting Report and Recommendations, #428 Judgment, MOTION to Remand to State Court, MOTION for Reconsideration re #427 Order Adopting Report and Recommendations, #428 Judgment, MOTION for Permanent Injunction by Albert Merget. Responses due by 4/6/2007 (pa) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #429 Notice of Appeal (pc) |
| Filing 429 NOTICE OF APPEAL by Albert Merget as to #427 Order Adopting Report and Recommendations, #428 Judgment, #414 Order. Filing Fees: (FEE NOT PAID). (pc) |
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Filing 428
JUDGMENT in favor of the Defendants against the Plaintiff (see order for details). Signed by Judge Kenneth A. Marra on 3/14/2007.(mt)
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Filing 427
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #420 Report and Recommendations (see order for details) Signed by Judge Kenneth A. Marra on 3/13/2007 (mt)
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Filing 426
ORDER regarding objections to the report and recommendations; Signed by Judge Kenneth A. Marra on 02/21/2007 (bs)
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| Filing 425 RESPONSE in opposition to the cruel and unjusitified penalties in #420 REPORT AND RECOMMENDATIONS, ignores Merget's protected statues under the ADA, 42 USC 3613, 3617 and the victim and witnesses protection act and the U.S. and Florida constitution, filed by Albert Merget. (pa) |
| Filing 424 OBJECTION to #420 Report and Recommendations dated 2/12/07. which undermines the first, fifth, seventh,eighth & fourteenth amendments, the ADA and Fair Housing Acts, inter alia, by Albert Merget. (pa) |
| Filing 423 Opposition to #420 Report and Recommendations and its recommendation for slapp fees that contradict congressional intent to end housing bias and repression of the right to petition government, by Albert Merget. (pa) |
| Filing 422 MEMO OF LAW IN OPPOSITION to #420 Report and Recommendations by Albert Merget. (pa) |
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Filing 421
ORDER OF TRANSFER from Magistrate Judge Barry S. Seltzer to Magistrate Judge Linnea R. Johnson pursuant to Administrative Order 2007-06. Signed by Judge Kenneth A. Marra on 2/14/07 (jc)
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Filing 420
REPORT AND RECOMMENDATIONS re #414 directives by District Judge Order. Recommending granting Defendant's Moss's Motion for Sanctions and Attorneys' Fees Pursuant to Fed. R. Civ. P. 11 [DE 55] renewed by [DE 330], granting in part and denying in part Defendant Driscoll's Motion for Sanctions and Attorneys' Fees Pursuant to Rule 11, Fed. R. Civ. P. [DE 88] renewed by [DE 330], recommending the amount of attorneys' fees to be awarded pursuant to 42 U.S.C. 1988 Objections to R&R due by 2/27/2007 Signed by Judge Barry S. Seltzer on 2/12/07 (lc1)
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| Filing 419 DISMISSAL OF USCA for lack of jurisdiction is issued as the mandate of this court. USCA NUMBER: 06-15964-A as to #415 Notice of Appeal filed by Albert Merget, (pc) |
| Filing 418 TRANSCRIPT INFORMATION FORM by Albert Merget re #415 Notice of Appeal. No Transcript Requested. (pc) |
| Filing 417 ACKNOWLEDGEMENT OF RECEIPT FROM USCA receipt of: notice of appeal date received by USCA 11/13/2006 USCA number 06-15964-A (pc) |
| Filing 416 TRANSCRIPT INFORMATION FORM by Albert Merget re #415 Notice of Appeal. No Transcript Requested. (pc) |
| Filing 415 NOTICE OF APPEAL as to #414 Order, #409 Order, by Albert Merget. (pc) |
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Filing 414
ORDER granting [330-1] motion for award of attorney fees and taxation of costs ( Signed by Judge Kenneth A. Marra on 9/22/06) [EOD Date: 9/25/06] (cj, Deputy Clerk)
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| Filing 413 MOTION by Albert Merget (Attorney ) to strike , irate, deceptive, irrelevant and scandalous written [411-1] objection dated 9/15/06 but due by 9/10/06. FRCP 11,54, 42 USC 3613,3617 (Former Deputy Clerk) |
| Filing 412 OBJECTION by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [402-1] report and recommendations (Former Deputy Clerk) |
| Filing 411 OBJECTION by Sandra Driscoll, Edward S. Nekritz, Gene Moss to [402-1] report and recommendations (dp, Deputy Clerk) |
| Filing 410 MEMORANDUM of LAW by Albert Merget in support of [402-1] report and recommendations and To Moss's Filing on 6/5/06 (gp, Deputy Clerk) |
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Filing 409
ORDER denying [403-1] motion for leave of court to respond to misunderstanding referred to in the order dated 8/21/06 including Gene Moss's Answer to FCHR that was mistakenly deemed not an answer (Signed by Magistrate Barry S. Seltzer on 9/13/06) [EOD Date: 9/15/06] (gp, Deputy Clerk)
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| Filing 407 MOTION by Albert Merget for judicial notice of evidence in the record and Gene Moss's Statements against interest and the Laches Apparent from Gene Moss's Abandonment of purported arbitration default (gp, Deputy Clerk) |
| Filing 406 OBJECTIONS by Albert Merget to [401-1] order, [402-1] report and recommendations (gp, Deputy Clerk) |
| Filing 405 NOTICE of Errors and Omissions evident by Albert Merget in the: [402-1] report and recommendations (gp, Deputy Clerk) |
| Filing 404 EXCEPTIONS to PARTS by Albert Merget of the: [402-1] report and recommendations (gp, Deputy Clerk) |
| Filing 403 MOTION by Albert Merget (pro se) for leave of court to respond to misunderstanding referred to in the order dated 8/21/06 including Gene Moss's Answer to FCHR that was mistakenly deemed not an answer (at, Deputy Clerk) |
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Filing 408
ORDER FROM USCA This appeal is DISMISSED IN PART, for lack of jurisdiction and ALLOWED TO PROCEED IN PART. To the extent Merget seeks to challenge the judgement entered on July 31,2006, and the order granting summary judgment on January 6, 2006, the appeal MAY PROCEED. To the extent that Merget seeks to challenge any other order not certified by the district court for immediate review under Rule 54(b), the appeal is DISMISSED for lack of jurisdiction. No motion for reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-4 and all other applicable rules. (on 8/31/06) [EOD Date: 9/14/06] (pc, Deputy Clerk)
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| Filing 402 REPORT AND RECOMMENDATIONS of Magistrate Barry S. Seltzer recommending that [330-1] motion for award of attorney fees and taxation of costs be GRANTED IN PART AND DENIED IN PART . Motion no longer referred. Signed on: 9/1/06 Objections to R R due by 9/11/06 CCAP (at, Deputy Clerk) |
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Filing 401
ORDER denying [352-1] motion to strike [351-1] AMENDED AFFIDAVIT of Attorneys' Fees by Gene Moss, Edward S. Nekritz, Sandra Driscoll denying [353-1] motion to compel electronic access to defendant's digital records that either support or contradict the defendant's pending motions for attorney fees and costs and to perpetuate testimony that is likely to vanish during appeal denying [359-1] motion to compel defendants Nekritz Moss and Driscoll to honor their waiver of costs and attorney fees and serve the required certificate of interested parties denying [360-1] motion to sanction defendants Moss/Nekritz/Driscoll for filing the attached false claims for deposition fees, etc. while no such depositions were held in this matter denying [364-1] motion to strike, denying [364-2] motion for sanctions re: the response and corrected affidavit of costs expended from Gene Moss, Edward Nekritz and Sandra Driscoll denying [366-1] motion for judicial notice that Broward County is about 25% black, the Kensington was a lily-white enclave with about 410 tenants, the defendants excluded blacks and minor and harassed the plaintiff with a baseless, retaliatory county slapp suit and multiple contradictory, fabricated, untimely and fraudulent amended affidavits for attonry fees and costs, in violation of the victims and witnesses bill of rights and 42 USC 3613, 3617, with memo of law and exhibits that defendants failed to deny and have silentely acquiesced to, while defense counsel ghostwrote answers for a purported pro se Sandra Driscoll denying [367-1] motion for judicial notice that Gene Moss, Edward Nekritz and Sandra Driscoll have filed four untimely and fraudulent motions for lawyer fees and costs that violate the industry standards for lawyer fees and costs and that the law disfavors Michael Hamaway's deceptive ghostewriting of pro se answer of Sandra Driscoll, with memo of law denying [370-1] motion to Adopt the Lascari/Smith withdrawal of motion for attorney fees and costs (DE 357) with memo of law and exhibitsi that further prove that the affidavits of Gene Moos, Edward Nekritz, Sandra Driscoll, Anthony Horky adn Michael Hamaway are fradulent and contrary to the Christianburg v EEOC Standard denying [372-1] motion to Adopt by reference the herein cited portion by Gene Moss at page two of [DE 14] wherein Gene Moss and Michael Hamaway mischaracterize the percent of black people at the Kensington, intentionally misleading the court about Gene Moss' scheme to block qualified blacks and minors fromm renting apartments at the Kensington denying [379-1] notice/Request denying [380-1] motion for leave of Court to conduct review, audit and discovery of the records that underlay, support or refute the unreasonable, burdensome, untimely, unsupported and deceptive affidavits in support of attorney fees and costs, filed by Gene Moss, Edward Nekritz & Sandra Driscoll on 2/3, 4/28 and 6/5/05, violating Court Orders denying [393-1] motion for an appealable order that concludes and sanctions the untimely new motions filed by Gene Moss (Signed by Magistrate Barry S. Seltzer on 8/21/06) [EOD 8/22/06] (gp, Deputy Clerk)
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| Filing 399 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 08/08/06 as to Albert Merget Re: [397-1] appeal by Albert Merget, [396-1] appeal by Albert Merget USCA NUMBER: 06-14268-A (mp, Deputy Clerk) |
| Filing 400 USCA appeal fees received as to Albert Merget Re: [396-1] appeal Filing Fee $ 455.00 Receipt # 537896 (hh, Deputy Clerk) |
| Filing 398 TRANSCRIPT INFORMATION FORM re: [397-1] appeal by Albert Merget, [396-1] appeal by Albert Merget received on 08/11/06 from Court Reporter. (Returned to Court Reporter Coordinator) (mp, Deputy Clerk) |
| Filing 397 DUPLICATE NOTICE OF APPEAL by Albert Merget of [395-1] judgment order EOD Date: 7/31/06, [382-1] order EOD Date: 6/20/06, [339-1] order EOD Date: 2/9/06, [334-1] referral/referred order EOD Date: 2/7/06, [326-1] order EOD Date: 1/27/06, [325-1] order EOD Date: 1/25/06, [324-1] order EOD Date: 1/25/06,[318-1] judgment order EOD Date; 1/9/06, [317-1] order EOD Date; 1/9/06, [316-1] order EOD Date: 1/9/06, [305-3] order EOD Date: 12/16/05, [302-1] order EOD Date:12/5/05, [302-1] order EOD Date: 12/5/05, [300-1] order EOD Date: 11/30/05, [294-1] order EOD Date: 11/7/05, [233-1] order EOD Date: 8/31/05, [208-1] order EOD Date: 8/17/05, [207-1] order EOD Date: 8/17/05, [203-1] order EOD Date: 8/15/06, [183-1] order EOD Date: 8/1/05, [172-1] order EOD Date; 7/22/05, [148-1] order, [140-1] order EOD Date: 5/20/05, [121-1] order EOD Date: 3/24/05, [116-1] order EOD Date; 3/7/05, [115-1] order EOD Date: 1/24/05, [111-2] order EOD Date: 1/12/05, [104-1] order EOD Date; 12/10/04, [101-1] order EOD Date: 11/19/04, [25-1] order EOD Date: 2/19/04; Filing Fee: $ (FEE NOT PAID); Copies to USCA and Counsel of Record. (nc, Deputy Clerk) |
| Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [396-1] appeal by Albert Merget (nc, Deputy Clerk) |
| Filing 396 NOTICE OF APPEAL by Albert Merget of [395-1] judgment order EOD Date: 7/31/06, [382-1] order EOD Date: 6/20/06, [339-1] order EOD Date: 2/9/06, [334-1] referral/referred order EOD Date: 2/7/06, [326-1] order EOD Date: 1/27/06, [325-1] order EOD Date: 1/25/06, [324-1] order EOD Date: 1/25/06, [318-1] judgment order EOD Date: 1/9/06, [317-1] order EOD Date: 1/9/06, [316-1] order EOD Date: 1/9/06, [305-3] EOD Date: 12/16/05 [302-1] order EOD Date: 12/5/05, [302-1] order EOD Date: 12/5/05, [300-1] order EOD Date: 11/30/05, [294-1] order EOD Date: 11/7/05, [233-1] order EOD Date: 8/31/05, [208-1] order EOD Date: 8/17/05, [207-1] order EOD Date: 8/17/05, [203-1] order EOD Date: 8/15/06, [183-1] order EOD Date: 8/1/05, [172-1] order EOD Date: 7/22/05, [148-1] order EOD Date: 6/6/05, [140-1] order EOD Date: 5/20/05, [121-1] order EOD Date: 3/24/05, [116-1] order EOD Date: 3/7/05, [115-1] order EOD Date: 1/24/05, [111-2] order EOD Date: 1/12/05, [104-1] order EOD Date: 12/10/04, [101-1] order EOD Date: 11/19/04, [25-1] order EOD Date: 2/19/04; Filing Fee: $ (FEE NOT PAID); Copies to USCA and Counsel of Record. (nc, Deputy Clerk) Modified on 08/01/2006 |
| Filing 394 NOTICE of Unavailability by Sandra Driscoll, Edward S. Nekritz, Gene Moss for dates of: 8/10/ through 8/14 (at, Deputy Clerk) |
| Filing 393 MOTION by Albert Merget (Attorney ) for an appealable order that concludes and sanctions the untimely new motions filed by Gene Moss (lk, Deputy Clerk) |
| Filing 392 MOTION by Albert Merget (Attorney ) for sanctions on of Gene Moss, Edward Nekritz and Sandra Driscoll 7/14/06 response (lk, Deputy Clerk) |
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Filing 395
AMENDED JUDGMENT and Rule 54(b) Certification for Gene Moss, Edward S. Nekritz, Sandra Driscoll, Ivan J. Smith & Co., Nina Lascari against Albert Merget amending [318-1] judgment order ( signed by Judge Kenneth A. Marra on 7/19/06) CCAP [EOD Date: (hh, Deputy Clerk)
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| CASE CLOSED. Case and Motions no longer referred to Magistrate. [393-1] motion for an appealable order that concludes and sanctions the untimely new motions filed by Gene Moss, [392-1] motion for sanctions on of Gene Moss, Edward Nekritz and Sandra Driscoll 7/14/06 response, [390-1] motion to compel affidavits and discovery from all the defendants, at their cost, in order to confirm or deny new evidence of frauds upon the court embedded in Gene Moss's response dated 6/27/06 and the series of contradictory, deceptive, frivoulous demands for unsupported attorney fees, including teh new and incredible claim that Peter Duhaime was not the building manager at the Kensington during the reign or racial and familial discrimination and retaliation against the plaintiff, FRCP 11, 26, and 28 USC 1927, [389-1] motion of an amended complaint that corrects typographical errors & incorporates additional coercive, abusive, intimidation and retaliation by the defendants, [387-1] motion to compel affidavits and discovery from all the defendants, at their cost, in order to confirm or deny new evidence of frauds upon the court embedded in Gene Moss's response dated 6/27/06 and the series of contradictory, deceptive fivoulous demands for unsupported attorney fees, including the new and and incredible claim that Peter Duhaime was not the building manager at the Kensington during the reign of racial and familial discrimination and retaliation against the plaintiff, [386-1] motion to strike, [386-2] motion for sanctions as to Gene Moss's Edward Nekritz's and Sandra Driscoll's frivolous, unresponsive and fradulent response to plaintiff's motion for an appealable order that conforms with the report and recommendation (DE 301) that the court adopted by summary judgment (DE 316-318) and that conforms with the racial demographics of Broward County, with exhibits that prove Peter Duhaime was the building manager, [383-1] motion to strike [378-1] motion to extend time to respond to motion dated 5/30/06, [383-2] motion to sanction Gene Moss's motion for extension of time to respond to plaintiff's motion for an appealable order, because Gene Moo unillaterally enlarges time extensions and demands prefered treatment, routinely, [380-1] motion for leave of Court to conduct review, audit and discovery of the records that underlay, support or refute the unreasonable, burdensome, untimely, unsupported and deceptive affidavits in support of attorney fees and costs, filed by Gene Moss, Edward Nekritz & Sandra Driscoll on 2/3, 4/28 and 6/5/05, violating Court Orders, [377-1] motion to strike [316-1] order, [317-1] order, [318-1] judgment order, [377-2] motion for sanctions Mombach Boyle Hardin and Michael Hamaway, Anthony Horky, Edward Nekritz, Sandra Driscoll and Gene Moss for fraudulent affidavits, spoliation of evidence, victim coerciona nd ghostwriting (DE 63), [373-1] motion for an appealable order that conforms with the report and recommendation (DE301) that the Court adopted by summary judgment (DE 316-318) and that conforms with the racial demorgraphics of Broward county, [372-1] motion to Adopt by reference the herein cited portion by Gene Moss at page two of [DE 14] wherein Gene Moss and Michael Hamaway mischaracterize the percent of black people at the Kensington, intentionally misleading the court about Gene Moss' scheme to block qualified blacks and minors fromm renting apartments at the Kensington, [370-1] motion to Adopt the Lascari/Smith withdrawal of motion for attorney fees and costs (DE 357) with memo of law and exhibitsi that further prove that the affidavits of Gene Moos, Edward Nekritz, Sandra Driscoll, Anthony Horky adn Michael Hamaway are fradulent and contrary to the Christianburg v EEOC Standard, [367-1] motion for judicial notice that Gene Moss, Edward Nekritz and Sandra Driscoll have filed four untimely and fraudulent motions for lawyer fees and costs that violate the industry standards for lawyer fees and costs and that the law disfavors Michael Hamaway's deceptive ghostewriting of pro se answer of Sandra Driscoll, with memo of law, [366-1] motion for judicial notice that Broward County is about 25% black, the Kensington was a lily-white enclave with about 410 tenants, the defendants excluded blacks and minor and harassed the plaintiff with a baseless, retaliatory county slapp suit and multiple contradictory, fabricated, untimely and fraudulent amended affidavits for attonry fees and costs, in violation of the victims and witnesses bill of rights and 42 USC 3613, 3617, with memo of law and exhibits that defendants failed to deny and have silentely acquiesced to, while defense counsel ghostwrote answers for a purported pro se Sandra Driscoll, [364-1] motion to strike, [364-2] motion for sanctions re: the response and corrected affidavit of costs expended from Gene Moss, Edward Nekritz and Sandra Driscoll, [360-1] motion to sanction defendants Moss/Nekritz/Driscoll for filing the attached false claims for deposition fees, etc. while no such depositions were held in this matter, [359-1] motion to compel defendants Nekritz Moss and Driscoll to honor their waiver of costs and attorney fees and serve the required certificate of interested parties, [353-1] motion to compel electronic access to defendant's digital records that either support or contradict the defendant's pending motions for attorney fees and costs and to perpetuate testimony that is likely to vanish during appeal, [352-1] motion to strike [351-1] AMENDED AFFIDAVIT of Attorneys' Fees by Gene Moss, Edward S. Nekritz, Sandra Driscoll (hh, Deputy Clerk) |
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Filing 391
ORDER of dismissal from USCA (certified copy) dismissing [350-1] appeal for lack of jurisdiction. The appellant's motion to compel appelles Moss,Driscoll, and Nekritz to serve a certificate of interested persons is DENIED AS MOOT USCA #: 06-11503-F USCA Order Date: 7/12/06 (nc, Deputy Clerk)
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| Filing 390 and VERIFIED MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz to compel affidavits and discovery from all the defendants, at their cost, in order to confirm or deny new evidence of frauds upon the court embedded in Gene Moss's response dated 6/27/06 and the series of contradictory, deceptive, frivoulous demands for unsupported attorney fees, including teh new and incredible claim that Peter Duhaime was not the building manager at the Kensington during the reign or racial and familial discrimination and retaliation against the plaintiff, FRCP 11, 26, and 28 USC 1927 (gz, Deputy Clerk) |
| Filing 389 VERIFIED MOTION with affidavit in support by Albert Merget of an amended complaint that corrects typographical errors & incorporates additional coercive, abusive, intimidation and retaliation by the defendants (ss, Deputy Clerk) |
| Filing 388 NOTICE by Albert Merget of filing of additional questions of material fact created by the responses and false affidavits of Gene Moss, Sandra Driscoll, Anthony Horky and Edward Nekritz and their tampering with records that prove Peter Duhaime was the building manager at the Kensington during material times (gz, Deputy Clerk) |
| Filing 387 Verified MOTION and Affidavit by Albert Merget to compel affidavits and discovery from all the defendants, at their cost, in order to confirm or deny new evidence of frauds upon the court embedded in Gene Moss's response dated 6/27/06 and the series of contradictory, deceptive fivoulous demands for unsupported attorney fees, including the new and and incredible claim that Peter Duhaime was not the building manager at the Kensington during the reign of racial and familial discrimination and retaliation against the plaintiff (gz, Deputy Clerk) |
| Filing 386 MOTION by Albert Merget (Attorney ) to strike , for sanctions as to Gene Moss's Edward Nekritz's and Sandra Driscoll's frivolous, unresponsive and fradulent response to plaintiff's motion for an appealable order that conforms with the report and recommendation (DE 301) that the court adopted by summary judgment (DE 316-318) and that conforms with the racial demographics of Broward County, with exhibits that prove Peter Duhaime was the building manager (gz, Deputy Clerk) |
| Filing 385 NOTICE by Albert Merget of filing, adoption and incorporation of the attached Amici Curiae brief opposed to civil rights retaliation and adoption of the Supreme Court affirmation of the jury award for Sheila White, dated 6/22/06. Said decision and brief clearly reject the retaliation practiced by Gene Moss, et al toward the plaintiff (gz, Deputy Clerk) |
| Filing 384 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [373-1] motion for an appealable order that conforms with the report and recommendation (DE301) that the Court adopted by summary judgment (DE 316-318) and that conforms with the racial demorgraphics of Broward county, and memorandum of law in support thereof (gz, Deputy Clerk) |
| Filing 383 MOTION by Albert Merget to strike [378-1] motion to extend time to respond to motion dated 5/30/06 , to sanction Gene Moss's motion for extension of time to respond to plaintiff's motion for an appealable order, because Gene Moo unillaterally enlarges time extensions and demands prefered treatment, routinely (gz, Deputy Clerk) |
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Filing 382
ORDER granting [378-1] motion to extend time to respond to motion dated 5/30/06 up to and including 7/27/06 ( Signed by Judge Kenneth A. Marra on 6/19/06) [EOD Date: 6/20/06] (gz, Deputy Clerk)
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| Filing 381 AFFIDAVIT by Albert Merget Opposed to the numerous, contradictory, fabricated and Harassing Affidavits for Attorney Fees from Gene Moss, Edward Nekritz and Sandra Driscoll (gp, Deputy Clerk) |
| Filing 380 MOTION by Albert Merget for leave of Court to conduct review, audit and discovery of the records that underlay, support or refute the unreasonable, burdensome, untimely, unsupported and deceptive affidavits in support of attorney fees and costs, filed by Gene Moss, Edward Nekritz & Sandra Driscoll on 2/3, 4/28 and 6/5/05, violating Court Orders (gp, Deputy Clerk) |
| Filing 379 REQUEST by Albert Merget for judicial notice that the papers filed on 6/5/06 by Gene Moss, Edward Nekritz and Sandra Driscoll are null, void and untimely & violate the court order dtated 6/1/06 (DE 371) and the time extension granted on 1/24/06 (DE 325) and contradict the Lascari/Smith application for and witdrawal of motion for attorney fees (DE 357) (gz, Deputy Clerk) |
| Filing 378 MOTION by Sandra Driscoll, Edward S. Nekritz, Gene Moss to extend time to respond to motion dated 5/30/06 (gz, Deputy Clerk) |
| Filing 377 MOTION by Albert Merget to strike [316-1] order, [317-1] order, [318-1] judgment order , for sanctions Mombach Boyle Hardin and Michael Hamaway, Anthony Horky, Edward Nekritz, Sandra Driscoll and Gene Moss for fraudulent affidavits, spoliation of evidence, victim coerciona nd ghostwriting (DE 63) (gz, Deputy Clerk) |
| Filing 376 Notice of filing Original AFFIDAVIT by Gene Moss, Edward S. Nekritz, Sandra Driscoll of independent attorney (gz, Deputy Clerk) |
| Filing 375 Notice of filing Original Second AFFIDAVIT by Gene Moss, Edward S. Nekritz, Sandra Driscoll Re: attorneys' fees (gz, Deputy Clerk) |
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Filing 374
ORDER of dismissal from USCA (certified copy) dismissing [329-1] appeal,[328-1] appeal for lack of jurisdiction USCA #: 06-10875-FF USCA Order Date: 5/30/06 (nc, Deputy Clerk)
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| Filing 373 MOTION by Albert Merget for an appealable order that conforms with the report and recommendation (DE301) that the Court adopted by summary judgment (DE 316-318) and that conforms with the racial demorgraphics of Broward county (gz, Deputy Clerk) |
| Filing 372 FRCP 10(c) MOTION by Albert Merget to Adopt by reference the herein cited portion by Gene Moss at page two of [DE 14] wherein Gene Moss and Michael Hamaway mischaracterize the percent of black people at the Kensington, intentionally misleading the court about Gene Moss' scheme to block qualified blacks and minors fromm renting apartments at the Kensington (gz, Deputy Clerk) |
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Filing 371
ORDER sua sponte that no party shall file any additional motions relating to defendants' fee motion without leave of court ( Signed by Magistrate Barry S. Seltzer on 6/1/06) [EOD Date: 6/2/06] (gz, Deputy Clerk)
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| Filing 370 MOTION by Albert Merget to Adopt the Lascari/Smith withdrawal of motion for attorney fees and costs (DE 357) with memo of law and exhibitsi that further prove that the affidavits of Gene Moos, Edward Nekritz, Sandra Driscoll, Anthony Horky adn Michael Hamaway are fradulent and contrary to the Christianburg v EEOC Standard (gz, Deputy Clerk) |
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Filing 369
ORDER granting [368-1] motion to Adopt by reference their previously filed response (DE 363) ( Signed by Magistrate Barry S. Seltzer on 5/25/06) [EOD Date: 5/25/06] (gz, Deputy Clerk)
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| Filing 368 Rule 10(c) MOTION by Gene Moss, Edward S. Nekritz, Sandra Driscoll to Adopt by reference their previously filed response (DE 363) (gz, Deputy Clerk) |
| Filing 367 REQUEST by Albert Merget for judicial notice that Gene Moss, Edward Nekritz and Sandra Driscoll have filed four untimely and fraudulent motions for lawyer fees and costs that violate the industry standards for lawyer fees and costs and that the law disfavors Michael Hamaway's deceptive ghostewriting of pro se answer of Sandra Driscoll, with memo of law (gz, Deputy Clerk) |
| Filing 366 REQUEST by Albert Merget for judicial notice that Broward County is about 25% black, the Kensington was a lily-white enclave with about 410 tenants, the defendants excluded blacks and minor and harassed the plaintiff with a baseless, retaliatory county slapp suit and multiple contradictory, fabricated, untimely and fraudulent amended affidavits for attonry fees and costs, in violation of the victims and witnesses bill of rights and 42 USC 3613, 3617, with memo of law and exhibits that defendants failed to deny and have silentely acquiesced to, while defense counsel ghostwrote answers for a purported pro se Sandra Driscoll (gz, Deputy Clerk) |
| Filing 365 NOTICE by Albert Merget of filing of proof that defendants Moss, Nekritz & Driscoll have admitted the genuiness of teh Moss/Nekritz/Driscoll/Horky letter dated 7/12/05, wherein Gene Moss & Edward Nekritz, et al agree that "each party is responsible for bearing the costs of their own litigation" (gz, Deputy Clerk) |
| Filing 364 MOTION by Albert Merget to strike , for sanctions re: the response and corrected affidavit of costs expended from Gene Moss, Edward Nekritz and Sandra Driscoll dated 4/28/06 pastdue from 2/3/06 (gz, Deputy Clerk) |
| Filing 363 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [352-1] motion to strike [351-1] AMENDED AFFIDAVIT of Attorneys' Fees by Gene Moss, Edward S. Nekritz, Sandra Driscoll, [353-1] motion to compel electronic access to defendant's digital records that either support or contradict the defendant's pending motions for attorney fees and costs and to perpetuate testimony that is likely to vanish during appeal, [330-1] motion for award of attorney fees and taxation of costs, [360-1] motion to sanction defendants Moss/Nekritz/Driscoll for filing the attached false claims for deposition fees, etc. while no such depositions were held in this matter, [359-1] motion to compel defendants Nekritz Moss and Driscoll to honor their waiver of costs and attorney fees and serve the required certificate of interested parties (gp, Deputy Clerk) |
| Filing 362 NOTICE of FILING CORRECTED AFFIDAVIT of Costs Expended by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gp, Deputy Clerk) |
| Filing 361 NOTICE of filing by Albert Merget of further proof that the motions for attorney fees and costs by Gene Moss, Edward Nekritz and Sandra Driscoll are intentionally false, misleading and inflated, with memo of law (gz, Deputy Clerk) |
| Filing 360 MOTION by Albert Merget to sanction defendants Moss/Nekritz/Driscoll for filing the attached false claims for deposition fees, etc. while no such depositions were held in this matter (gz, Deputy Clerk) |
| Filing 359 MOTION by Albert Merget to compel defendants Nekritz Moss and Driscoll to honor their waiver of costs and attorney fees and serve the required certificate of interested parties (gz, Deputy Clerk) |
| Filing 358 JURISDICTIONAL QUESTION(s) [350-1] appeal by Albert Merget USCA NUMBER: 06-11503-F (nc, Deputy Clerk) |
| Filing 357 NOTICE OF WITHDRAWAL by Ivan J. Smith & Co., Nina Lascari of [327-1] motion for attorney fees and costs (gz, Deputy Clerk) |
| Filing 356 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 3/6/06 as to Albert Merget Re: [350-1] appeal by Albert Merget USCA NUMBER: 06-11503-F (pc, Deputy Clerk) |
| Filing 355 USCA appeal fees received as to Albert Merget Re: [329-1] appeal, [328-1] appeal Filing Fee $ 255.00 Receipt # 536625 (pc, Deputy Clerk) |
| Filing 354 Transcript Information Form re: as to Albert Merget [350-1] appeal by Albert Merget, [329-1] appeal by Albert Merget, [328-1] appeal by Albert Merget . No transcript requested. (pc, Deputy Clerk) |
| Filing 353 MOTION by Albert Merget to compel electronic access to defendant's digital records that either support or contradict the defendant's pending motions for attorney fees and costs and to perpetuate testimony that is likely to vanish during appeal (gz, Deputy Clerk) |
| Filing 352 MOTION by Albert Merget to strike [351-1] AMENDED AFFIDAVIT of Attorneys' Fees by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 351 NOTICE of FILING ORIGINAL AMENDED AFFIDAVIT of Attorneys' Fees by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gp, Deputy Clerk) |
| Filing 350 NOTICE OF APPEAL by Albert Merget of [348-1] order EOD Date: 2/23/06; Filing Fee: $ FEE NOT PAID; Copies to USCA and Counsel of Record. (pc, Deputy Clerk) |
| Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [350-1] appeal by Albert Merget as to Albert Merget (pc, Deputy Clerk) |
| Filing 349 REBUTTAL by Albert Merget to the Moss/Driscoll/Nekritz reply to plaintiff's affidavits opposed to motions for improper attorney fees and costs (gz, Deputy Clerk) |
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Filing 348
ORDER denying [343-1] motion to strike [330-1] motion for award of attorney fees and taxation of costs and the purported invoice submitted by Defendants Moss/Driscoll/Nekritz ( Signed by Magistrate Barry S. Seltzer on 2/22/06) [EOD Date: 2/23/06] (gz, Deputy Clerk)
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| Filing 347 Supplemental MEMORANDUM of law by Albert Merget opposed to defendants motions for attorney fees while punishing the good samaritan (gz, Deputy Clerk) |
| Filing 346 NOTICE of filing by Gene Moss, Edward S. Nekritz, Sandra Driscoll original verifications (attached) (gz, Deputy Clerk) |
| Filing 345 REPLY by Gene Moss, Edward S. Nekritz, Sandra Driscoll to response to [330-1] motion for award of attorney fees and taxation of costs (gz, Deputy Clerk) |
| Filing 344 Supplemental Opposition AFFIDAVIT by Albert Merget Re: [330-1] motion for award of attorney fees and taxation of costs AND memorandum in opposition (gz, Deputy Clerk) |
| Filing 343 MOTION by Albert Merget to strike [330-1] motion for award of attorney fees and taxation of costs and the purported invoice submitted by Defendants Moss/Driscoll/Nekritz (gp, Deputy Clerk) |
| Filing 342 AFFIDAVIT by Albert Merget Re: [330-1] motion for award of attorney fees and taxation of costs (gz, Deputy Clerk) |
| Filing 341 NOTICE of attorney appearance for Ivan J. Smith & Co., Nina Lascari by Veronica Julia Luyster (gz, Deputy Clerk) |
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Filing 339
ORDER granting in part, denying in part [333-1] motion to strike [327-1] motion for attorney fees and costs {see order for details} ( Signed by Magistrate Barry S. Seltzer on 2/8/06) [EOD Date: (gz, Deputy Clerk)
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| Filing 338 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 2/2/06 as to Albert Merget Re: [328-1] appeal USCA NUMBER: 06-10875-FF (hh, Deputy Clerk) |
| Filing 337 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 2/2/06 as to Albert Merget Re: [328-1] appeal USCA NUMBER: 06-10875-FF (hh, Deputy Clerk) |
| Filing 340 Transcript Information Form re: as to Albert Merget [329-1] appeal by Albert Merget, [328-1] appeal by Albert Merget . No transcript requested. (hh, Deputy Clerk) |
| Filing 336 NOTICE of letter to Mr. Chackman re:case by Albert Merget (gz, Deputy Clerk) |
| Filing 335 Transcript Information Form re: as to Albert Merget [329-1] appeal by Albert Merget, [328-1] appeal by Albert Merget . No transcript requested. (hh, Deputy Clerk) |
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Filing 334
ORDER OF REFERENCE Referring Motion(s) [330-1] motion for award of attorney fees and taxation of costs referred to Magistrate Barry S. Seltzer ( signed by Judge Kenneth A. Marra on 2/6/06) [EOD Date: 2/7/06] (gz, Deputy Clerk)
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| Filing 333 MOTION to oppose by Albert Merget to strike [327-1] motion for attorney fees and costs (gz, Deputy Clerk) |
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Filing 332
ORDER OF REFERENCE Referring Motion(s) [327-1] motion for attorney fees and costs referred to Magistrate Barry S. Seltzer ( signed by Judge Kenneth A. Marra on 2/2/06) [EOD Date: 2/6/06] (gz, Deputy Clerk)
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| Filing 331 Notice of filing origina AFFIDAVITS by Gene Moss, Edward S. Nekritz, Sandra Driscoll Re: [330-1] motion for award of attorney fees and taxation of costs (gz, Deputy Clerk) |
| Filing 330 Verified MOTION with memorandum in support by Gene Moss, Edward S. Nekritz, Sandra Driscoll for award of attorney fees and taxation of costs (gz, Deputy Clerk) |
| Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [329-1] appeal by Albert Merget (hh, Deputy Clerk) |
| Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [328-1] appeal by Albert Merget (hh, Deputy Clerk) |
| Filing 329 DUPLICATE NOTICE OF APPEAL by Albert Merget of [318-1] judgment order EOD Date 1/9/06, [317-1] order EOD Date 1/9/06, [316-1] order EOD Date 1/9/06, [302-1] order EOD Date 12/5/05, [302-1] order EOD Date 12/5/05, [300-1] order EOD Date 11/30/05, [294-1] order EOD Date 11/7/05, [233-1] order EOD Date 8/31/05, [208-1] order EOD Date 8/17/05, [207-1] order EOD Date 8/17/05, [203-1] order EOD Date 8/15/05, [183-1] order EOD Date 8/1/05, [172-1] order EOD Date 7/22/05, [148-1] order EOD Date 6/3/05, [140-1] order EOD Date 5/20/05, [121-1] order EOD Date 3/24/05, [116-1] order EOD Date 3/7/05, [111-2] order EOD Date: 1/10/05; Filing Fee: $ (FEE Copies to USCA and Counsel of Record. (hh, Deputy Clerk) Modified on 01/30/2006 |
| Filing 327 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari for attorney fees and costs (gz, Deputy Clerk) |
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Filing 326
ORDER denying as moot [319-1] motion for de novo review of defendants refusal to produce records and obstruction of justice via spoliation of relevant evidence and misrepresentation Broward County court records; denying as moot [320-1] motion to strike Plaintiff's Request for and supporting memorandum of law ( Signed by Judge Kenneth A. Marra on 1/26/06) [EOD Date: 1/27/06] (gz, Deputy Clerk)
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| Filing 328 NOTICE OF APPEAL by Albert Merget of [318-1] judgment order EOD Date 1/9/06, [317-1] order EOD Date 1/9/06, [316-1] order EOD Date 1/9/06, [302-1] order EOD Date 12/5/05, [302-1] order EOD Date 12/5/05, [300-1] order EOD Date 11/30/05, [294-1] order EOD Date 11/7/05, [233-1] order EOD Date 8/31/05, [208-1] order EOD Date 8/17/05, [207-1] order EOD Date 8/17/05, [203-1] order EOD Date 8/15/05, [183-1] order EOD Date 8/1/05, [172-1] order EOD Date 7/22/05, [148-1] order EOD Date 6/3/05, [140-1] order EOD Date 5/20/05, [121-1] order EOD Date 3/24/05, [116-1] order EOD Date 3/7/05, [111-2] order EOD Date: 1/10/05; Filing Fee: $ 255.00; Receipt #: 536160 Copies to USCA and Counsel of Record. (hh, Deputy Clerk) |
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Filing 325
ORDER granting [323-1] motion to extend time to file motion for attorneys' fees and costs by 2/3/06 ( Signed by Judge Kenneth A. Marra on 1/24/06) [EOD Date: 1/25/06] (gz, Deputy Clerk)
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Filing 324
ORDER granting [322-1] motion to extend time to file motion for attorney' s fees and costs through 1/27/06 ( Signed by Judge Kenneth A. Marra on 1/24/06) [EOD Date: 1/25/06] (gz, Deputy Clerk)
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| Filing 323 MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz to extend time to file motion for attorneys' fees and costs (gz, Deputy Clerk) |
| Filing 322 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari to extend time to file motion for attorney' s fees and costs (gz, Deputy Clerk) |
| Filing 321 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [319-1] motion for de novo review of defendants refusal to produce records and obstruction of justice via spoliation of relevant evidence and misrepresentation Broward County court records (gz, Deputy Clerk) |
| Filing 320 MOTION with memorandum in support by Ivan J. Smith & Co. (Attorney Steven J. Chackman) to strike Plaintiff's Request for stipulation and supporting memorandum of law (gp, Deputy Clerk) |
| Filing 319 MOTION by Albert Merget for de novo review of defendants refusal to produce records and obstruction of justice via spoliation of relevant evidence and misrepresentation Broward County court records (gz, Deputy Clerk) |
| Filing 318 FINAL JUDGMENT for Gene Moss, Edward S. Nekritz, Sandra Driscoll, Ivan J. Smith & Co., Nina Lascari against Albert Merget. Plaintiff shall take nothing from Defendants in this action. All other pending motions are DENIED as moot. This Case is CLOSED. (Signed by Kenneth A. Marra on 01/06/06) [EOD Date: 1/9/06] (gp, Deputy Clerk) |
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Filing 317
ORDER denying [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed. such reconstruction of records to be at defendants sole cost. FRCP 26 & 37, denying [257-1] motion to sanction all the defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence adn records that were required to be authomatically disclosed over a year ago, denying [265-1] motion to compel a more definite statement on state of mind when defendants spoliated their computer records and mailed a letter dated 8/19/05, but postmarked 9/12/05 with memo of law, denying [266-1] motion to strike [254-1] affidavits and answers to [229-1] part two of plaintiff's memorandum of law opposed to the defendant's motions for summary judgment and motions for dismiss because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious denying [312-1] motion to abate implementation of Honorable Magistrate Judge Seltzer's report and recommendation and orders while under de novo review by Honorable Judge Marra denying as moot [315-1] motion for e novo review of Gene Moss's refusal to produce a copy of his insurance policy and location of any papers that survived teh purge and other refusals to comply with FRCP 26,34 and 37 (Signed by Judge Kenneth A. Marra on 01/06/06) [EOD Date: 1/9/06] (gp, Deputy Clerk)
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Filing 316
ORDER granting [146-1] motion for summary judgment on count 3 of the amende complaint, granting [150-1] motion for final summary judgment, granting [167-1] motion for summary final judgment on count V of the supplemental complaint granting [169-1] motion for judicial notice pursuant to rulw 201, Fed.R. Evid. denying [217-1] motion for judicial notice of records that raise issues of material fact for a jury granting [240-1] motion to join in and adopt defendant's Gene Moss, Sandra Driscoll and Edward Nekritz's response to plaintiff's supplemental filing and request for judicial notice of records that raise issues of material fact for a jury denying [263-1] motion to strike bad faith affidavits that the defendants attached to their motions for sumary judgment, with plaintiff's rebuttal to Gene Moos's reply and response, both dated 9/12/05, and opposed to the Lascari/Smith motions and/or replies dated 9/2&4/05 granting [269-1] motion for judicial notice pursuant to Rule 201, Red. R. Evid. denying [297-1] motion for judicial notice that the Broward County records show that Gene Moss has no judgment against teh plaintiff denying [313-1] motion to sanction defendant Moss, Nekritz, and Driscoll for their frivolous filing of a sham response to Judge Marra's sua sponte order dated 12/15/05. The Court will separately enter judgment for Defendants. (Signed by Judge Kenneth A. Marra on 01/06/06) [EOD Date: 1/9/06] (gp, Deputy Clerk)
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| CASE CLOSED. Case and Motions no longer referred to Magistrate. (gp, Deputy Clerk) |
| Filing 315 MOTION by Albert Merget for e novo review of Gene Moss's refusal to produce a copy of his insurance policy and location of any papers that survived teh purge and other refusals to comply with FRCP 26,34 and 37 (gz, Deputy Clerk) |
| Filing 314 MOTION with memorandum of law by Albert Merget opposed to Honorable Magistrate Barry Seltzer's report and recommendations and in support of sanctions against defense lawyers (gz, Deputy Clerk) |
| Filing 313 MOTION by Albert Merget to sanction defendant Moss, Nekritz, and Driscoll for their frivolous filing of a sham response to Judge Marra's sua sponte order dated 12/15/05 (gz, Deputy Clerk) |
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Filing 312
MOTION by Albert Merget to abate implementation of Honorable Magistrate Judge Seltzer's report and recommendation and orders while under de novo review by Honorable Judge Marra (gz, Deputy Clerk)
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| Filing 311 AND MOTION by Albert Merget for de novo review by Honorable Judge Marra (gz, Deputy Clerk) |
| Filing 310 AND Request with memorandum in support by Gene Moss, Sandra Driscoll, Edward S. Nekritz for judicial notice in support of rule 11 sanctions and dismissal with prejudice pursuant to rule 41(B) (gz, Deputy Clerk) |
| Filing 309 Part One of MEMORANDUM of law by Albert Merget in opposition to parts of Honorable Magistrate Seltzer's report and recommendation (gz, Deputy Clerk) |
| Filing 308 OBJECTION by Albert Merget to [301-1] report and recommendations postmarked 12/12/05 (gz, Deputy Clerk) |
| Filing 307 RESPONSE by Albert Merget to Discovery Re: interogatories with witness list, exhibits, jury instructions (gz, Deputy Clerk) |
| Filing 306 REPORT AND RECOMMENDATIONS of Magistrate Barry S. Seltzer recommending that [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed. such reconstruction of records to be at defendants sole cost. FRCP 26 & 37; [257-1] motion to sanction all the defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence adn records that were required to be authomatically disclosed over a year ago; [265-1] motion to compel a more definite statement on state of mind when defendants spoliated their computer records and mailed a letter dated 8/19/05, but postmarked 9/12/05 with memo of law; [266-1] motion to strike [254-1] affidavits and answers to [229-1] part two of plaintiff's memorandum of law opposed to the defendant's motions for summary judgment and motions for dismiss because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious be DENIED. Motion no longer referred. Signed on: 12/15/05 Objections to R and R due by 12/27/05 CCAP (gz, Deputy Clerk) |
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Filing 305
ORDER sua sponte reset calendar call for 3/17/06 before Judge Kenneth A. Marra , reset Jury trial for 3/20/06 before Judge Kenneth A. Marra parties to respond within 10 days of this order to [297-1] motion for judicial notice that the Broward County records show that Gene Moss has no judgment against teh plaintiff ( Signed by Judge Kenneth A. Marra on 12/15/05) [EOD Date: 12/16/05] (gz, Deputy Clerk)
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| Copy of order 294 & 300 and copy of docket sheet sent out this day (per telephone conversation with plaintiff) (gz, Deputy Clerk) |
| Filing 304 NOTICE to the Court by Albert Merget of plaintiff's reply to Gene Moss's letter to plaintiff, dated 12/27/05 sent by Federal Express (gz, Deputy Clerk) |
| Filing 303 Joint written OBJECTIONS by Gene Moss, Sandra Driscoll, Edward S. Nekritz, Ivan J. Smith & Co., Nina Lascari to [301-1] REPORT AND RECOMMENDATIONS of Magistrate Barry S. Seltzer recommending that [214-1] motion to dismiss plaintiff's lawsuit due to plaintiff's failure to appear at deposition be DENIED, and memorandum of law in support thereof (gz, Deputy Clerk) |
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Filing 302
ORDER denying [267-1] motion to strike [264-1] MEMORANDUM of law in opposition to [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed alleging that non-verified attorney comments about the relevance of concealed computer records is sufficient to ascertain fault on spoliation of records; granting in part, denying in part [274-1] motion for an order to compel plaintiff to produce documents, to answer interrogatories, and to pay defendants' reasonable expenses, including attorneys' fees; denying [280-1] motion to strike [274-1] motion for an order to compel plaintiff to produce documents, to answer interrogatories, and to pay defendants' reasonable expenses, including attorneys' fees; granting [283-1] motion to join and adopt defendants, Ivan J. Smith & Co., Inc. and Nina Lascari's memorandum of law in opposition to plaintiff's motion to strike the defendants responses and replies alleging that non-verified attorney comments about the relevance of concealed computer records is sufficient to ascertain fault on spoliation of records; granting [284-1] motion to join and adopt defendants, Ivan J. Smith & Co. Inc. and Nina Lascari's memorandum of law in opposition to plaintiff's motion to strike the Driscoll/Lascari/Smith affidavits and answers because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious; denying [297-1] motion for judicial notice that the Broward County records show that Gene Moss has no judgment against the plaintiff ( Signed by Magistrate Barry S. Seltzer on 12/2/05) [EOD Date: 12/5/05] (gz, Deputy Clerk)
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| Filing 301 REPORT AND RECOMMENDATIONS of Magistrate Barry S. Seltzer recommending that [214-1] motion to dismiss plaintiff's lawsuit due to plaintiff's failure to appear at deposition be DENIED. Motion no longer referred. Signed on: 11/30/05 Objections to R and R due by 12/12/05 CCAP (gz, Deputy Clerk) |
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Filing 300
ORDER on motions relating to plaintiff's deposition denying [204-1] motion to disqualify law firm of Mombach Boyle Hardin and/or censure Anthony Horky and Michael Hamaway for refusing to provide reasonable accommodations under the ADA and the US and Florida constitution; granting [221-1] motion to join in and to Adopt Motion of Other Defendants Ivan J. Smith & Co., Inc. and Nina Lascari's motion for dismissal of plaintiff's lawsuit due to plaintiff's failure to appear at deposition; denying [241-1] motion to abate defendant's motions for dismissal and deposition sanctions because defendants have made a belated rescheduling of said deposition that may comply with the Americans with Disability Act and 504 of the Rehabilitation Act; denying [242-1] request for judicial notice of papers and facts that prove that the defendants vacated their deposition notice of plaintiff on 8/10/05 and failed to comply with 42 USC 12101 et seq., Sect 504 of the Rehabilitation Act and Fla. Rule of Civil Procedure 2.065 and the rescheduled deposition of 9/2/05 was terminated because of the plaintiff's disability and illness ( Signed by Magistrate Barry S. Seltzer on 11/29/05) [EOD Date: 11/30/05] (gz, Deputy Clerk)
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| Filing 299 NOTICE of Unavailability by Gene Moss, Edward S. Nekritz, Sandra Driscoll for dates of: 12/21/05 through 12/28/05 (gz, Deputy Clerk) |
| Filing 298 MOTION by Albert Merget to abate the mediation due to Hurrican Wilma's Dislocations and defendants unwillingness to mediate in good faith (gp, Deputy Clerk) |
| Filing 297 REQUEST by Albert Merget for judicial notice that the Broward County records show that Gene Moss has no judgment against teh plaintiff (gz, Deputy Clerk) |
| Filing 296 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [276-1] motion for sanctions as to Gene Moss, Edward Nekritz, Sandra Driscoll and Lascari/Smith for refusal to produce documents, with memo of law in support of summary judgment against defendants for spoliation of evidence and refusal to preserve and disclose as required by FRCP 26 (gz, Deputy Clerk) |
| Filing 295 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [279-1] motion for an order to show cause why the defendants should not be ruled in default for their refusals to make initial disclosures and refusals to candidly answer the interrogatories and refusal to confer in good faith (gz, Deputy Clerk) |
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Filing 294
ORDER denying as untimely dicovery motions denying [276-1] motion for sanctions as to Gene Moss, Edward Nekritz, Sandra Driscoll and Lascari/Smith for refusal to produce documents, with memo of law in support of summary judgment against defendants for spoliation of evidence and refusal to preserve and disclose as required by FRCP 26; denying [277-1] motion to abate defendant's inquisitional depositions and interrogatories until defendants recreate and disclose the records they have concealed, over 2 years ago; denying [279-1] motion for an order to show cause why the defendants should not be ruled in default for their refusals to make initial disclosures and refusals to candidly answer the interrogatories and refusal to confer in good faith; denying [280-1] motion to strike [274-1] motion for an order to compel plaintiff to produce documents, to answer interrogatories, and to pay defendants' reasonable expenses, including attorneys' fees; denying [287-1] motion for default judgment with further proof of Gene Moss, Nina Lascari concealment of relevant records and their internet advertisements, FRCP 1, 26, 37; denying [290-1] motion for sanctions as to Nina Lascai, Smith Co. and Gene Moss for their vexatious assertions that no defendant has computer records; denying [291-1] motion for sanctions due to Gene Moss's and Sandra Driscoll's refusal to restore their concealed records, subsequent to Moss/Driscoll's confession of spoliation, dated 9/6/05; denying [292-1] judicial notice that the electronic records that Gene Moss and Nina Lascari are concealing are admissable as heresay exceptions ( Signed by Magistrate Barry S. Seltzer on 11/03/05) [EOD Date: 11/7/05] (gz, Deputy Clerk)
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| Filing 293 Appendix of law and MEMORANDUM of law by Albert Merget in opposition to Lascari/Smith assertion that they have no digital records, dated 10/13/05 and opposed to Gene Moss's continued failures to serve initial disclosures (gz, Deputy Clerk) |
| Filing 292 Request for judicial notice that the electronic records that Gene Moss and Nina Lascari are concealing are admissable as heresay exceptions by Albert Merget (gz, Deputy Clerk) |
| Filing 291 MOTION by Albert Merget for sanctions due to Gene Moss's and Sandra Driscoll's refusal to restore their concealed records, subsequent to Moss/Driscoll's confession of spoliation, dated 9/6/05 (gz, Deputy Clerk) |
| Filing 290 MOTION by Albert Merget for sanctions as to Nina Lascai, Smith Co. and Gene Moss for their vexatious assertions that no defendnat has computer records (gz, Deputy Clerk) |
| Filing 289 RESPONSE by Gene Moss, Sandra Driscoll, Edward S. Nekritz in opposition to [275-1] Affidavit and MEMORANDUM of law by Albert Merget in opposition to [253-1] amended reply dated 9/13/05 and opposed to each defendant's motion for summary judgment and in support of sanctions for the defense refusal to make required initial disclosures while defendants were spoliating evidence (gz, Deputy Clerk) |
| Filing 288 AND MEMORANDUM by Albert Merget in opposition to defendant's refusals to disclose (gz, Deputy Clerk) |
| Filing 287 Supplemental MOTION by Albert Merget for default judgment with further proof of Gene Moss, Nina Lascari concealment of relevant records and their internet advertisements, FRCP 1, 26, 37 (gz, Deputy Clerk) |
| Filing 286 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [265-1] motion to compel a more definite statement on state of mind when defendants spoliated their computer records and mailed a letter dated 8/19/05, but postmarked 9/12/05 with memo of law (gz, Deputy Clerk) |
| Filing 285 Motion Reply and Memorandum of law by Albert Merget to [274-1] motion for an order to compel plaintiff to produce documents, to answer interrogatories, subsequent to defendant's confenssion of suppression and destruction of records and refusals to make initial diclosures. Aba civil discovery standards 10 and 29 and model rules 1.16(b)(2) and 1.16(b)(3) s confble expenses, including attorneys' fees (gz, Deputy Clerk) |
| Filing 284 MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz to join and adopt defendants, Ivan J. Smith & Co. Inc. and Nina Lascari's memorandum of law in opposition to plaintiff's motion to strike the Driscoll/Lascari/Smith affidavits and answers because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious (gz, Deputy Clerk) |
| Filing 283 MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz to join and adopt defendants, Ivan J. Smith & Co., Inc. and Nina Lascari's memorandum of law in opposition to plaintiff's motion to strike the defendants responses and replies alleging that non-verified attorney comments about the relevance of concealed computer records is sufficient to ascertain fault on spoliation of records (gz, Deputy Clerk) |
| Filing 282 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [266-1] motion to strike [254-1] affidavits and answers to [229-1] part two of plaintiff's memorandum of law opposed to the defendant's motions for summary judgment and motions for dismiss because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious (gz, Deputy Clerk) |
| Filing 281 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [267-1] motion to strike [264-1] MEMORANDUM of law in opposition to [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed alleging that non-verified attorney comments about the relevance of concealed computer records is sufficient to ascertain fault on spoliation of records (gz, Deputy Clerk) |
| Filing 280 MOTION by Albert Merget to strike [274-1] motion for an order to compel plaintiff to produce documents, to answer interrogatories, and to pay defendants' reasonable expenses, including attorneys' fees (gz, Deputy Clerk) |
| Filing 279 MOTION by Albert Merget for an order to show cause why the defendants should not be ruled in default for their refusals to make initial disclosures and refusals to candidly answer the interrogatories and refusal to confer in good faith (gz, Deputy Clerk) |
| Filing 278 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [263-1] motion to strike bad faith affidavits that the defendants attached to their motions for sumary judgment, with plaintiff's rebuttal to Gene Moos's reply and response, both dated 9/12/05, and opposed to the Lascari/Smith motions and/or replies dated 9/2&4/05 (gz, Deputy Clerk) |
| Filing 277 MOTION by Albert Merget to abate defendant's inquisitional depositions and interrogatories until defendants recreate and disclose the records they have concealed, over 2 years ago (gz, Deputy Clerk) |
| Filing 276 MOTION by Albert Merget for sanctions as to Gene Moss, Edward Nekritz, Sandra Driscoll and Lascari/Smith for refusal to produce documents, with memo of law in support of summary judgment against defendants for spoliation of evidence and refusal to preserve and disclose as required by FRCP 26 (gz, Deputy Clerk) |
| Filing 275 Affidavit and MEMORANDUM of law by Albert Merget in opposition to [253-1] amended reply dated 9/13/05 and opposed to each defendant's motion for summary judgment and in support of sanctions for the defense refusal to make required initial disclosures while defendants were spoliating evidence (gz, Deputy Clerk) |
| Filing 274 MOTION with memorandum in support by Gene Moss, Edward S. Nekritz, Sandra Driscoll for an order to compel plaintiff to produce documents, to answer interrogatories, and to pay defendants' reasonable expenses, including attorneys' fees (gz, Deputy Clerk) |
| Filing 273 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed. such reconstruction of records to be at defendants sole cost. FRCP 26 & 37 (gz, Deputy Clerk) |
| Filing 272 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [265-1] motion to compel a more definite statement on state of mind when defendants spoliated their computer records and mailed a letter dated 8/19/05, but postmarked 9/12/05 with memo of law (gz, Deputy Clerk) |
| Filing 271 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [257-1] motion to sanction all the defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence adn records that were required to be automatically disclosed over a year ago (gz, Deputy Clerk) |
| Filing 270 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll in opposition to [255-1] of law in support of motion to sanction all defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence and records that were required to be automatically disclosed over a year ago (gz, Deputy Clerk) |
| Filing 269 REQUEST by Gene Moss, Edward S. Nekritz, Sandra Driscoll for judicial notice pursuant to Rule 201, Red. R. Evid. (gz, Deputy Clerk) |
| Filing 268 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [263-1] motion to strike bad faith affidavits that the defendants attached to their motions for sumary judgment, with plaintiff's rebuttal to Gene Moos's reply and response, both dated 9/12/05, and opposed to the Lascari/Smith motions and/or replies dated 9/2&4/05 (gz, Deputy Clerk) |
| Filing 267 MOTION by Albert Merget (Attorney ) to strike [264-1] MEMORANDUM of law in opposition to [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed alleging that non-verified attorney comments about the relevance of concealed computer records is sufficient to ascertain fault on spoliation of records (gz, Deputy Clerk) |
| Filing 266 MOTION by Albert Merget (Attorney ) to strike [254-1] affidavits and answers to [229-1] part two of plaintiff's memorandum of law opposed to the defendant's motions for summary judgment and motions for dismiss because the multiple listing service is a uniquely computerized service and the defendants reply that defendants do not use computers is vexatious (gz, Deputy Clerk) |
| Filing 265 MOTION by Albert Merget to compel a more definite statement on state of mind when defendants spoliated their computer records and mailed a letter dated 8/19/05, but postmarked 9/12/05 with memo of law Fed. Rule of evidence 612, 5th and 14th Amend. & Americans with Disabilities Act (gz, Deputy Clerk) |
| Filing 264 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [256-1] motion to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed. such reconstruction of records to be at defendants sole cost. FRCP 26 & 37 (gz, Deputy Clerk) |
| Filing 263 MOTION by Albert Merget to strike bad faith affidavits that the defendants attached to their motions for sumary judgment, with plaintiff's rebuttal to Gene Moos's reply and response, both dated 9/12/05, and opposed to the Lascari/Smith motions and/or replies dated 9/2&4/05 (gz, Deputy Clerk) |
| Filing 262 REPLY by Ivan J. Smith & Co., Nina Lascari to plaintiff's memo of law supporting striking the defendant's answers and motions for summary judgment and showing cause that defednants refusal to provide non-contradictory deposition notices and refusal to preserve and serve initial disclosures (gz, Deputy Clerk) |
| Filing 261 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [242-1] request for judicial notice of papers and facts that prove that the defendants vacated their deposition notice of plaintiff on 8/10/05 and failed to comply with 42 USC 12101 et seq. (gz, Deputy Clerk) |
| Filing 260 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [251-1] APPENDIX of DOCUMENTS showing actual knowledge of the Defendants and the Court of Plaintiff's covered disabilities and the need for showing good cause why plaintiff should not be santioned for his inability to be abusively deposed (gz, Deputy Clerk) |
| Filing 259 REPLY by Ivan J. Smith & Co., Nina Lascari to plaintiff's showing of good cause for his inability to attend the contradictory scheduling notices for 8/10/05 and plaintiff's affidavit opposed to sanctions and dismissal of cause (gz, Deputy Clerk) |
| Filing 258 RESPONSE Memorandum by Ivan J. Smith & Co., Nina Lascari to [241-1] motion to abate defendant's motions for dismissal and deposition sanctions because defendants have made a belated rescheduling of said deposition that may comply with the Americans with Disability Act and 504 of the Rehabilitation Act (gz, Deputy Clerk) |
| Filing 257 MOTION by Albert Merget to sanction all the defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence adn records that were required to be authomatically disclosed over a year ago (gz, Deputy Clerk) |
| Filing 256 MOTION by Albert Merget to compel the Defendants to reconstruct and produce the electronic records and insuarance records that the defendants have suppressed. such reconstruction of records to be at defendants sole cost. FRCP 26 & 37 (gp, Deputy Clerk) |
| Filing 255 MEMORANDUM of law by Albert Merget in support of plaintiff's motion to sanction all the defendants because the defendants have improperly suppressed, concealed and destroyed crucial evidence and records that were required to be automatically disclosed over a year ago. (gz, Deputy Clerk) |
| Filing 254 REPLY by Ivan J. Smith & Co., Nina Lascari to [229-1] part two of plaintiff's memorandum of law opposed to the defendant's motions for summary judgment and motions for dismissal (gz, Deputy Clerk) |
| Filing 253 Amended REPLY by Gene Moss, Edward S. Nekritz, Sandra Driscoll to response to motions for summary final judgment, to include part One, Two, and Three memos of law opposed to defendant's rule 56(b) motions for summary final judgment and memorandum of law in support thereof (gz, Deputy Clerk) |
| Filing 252 RESPONSE by Gene Moss, Sandra Driscoll, Edward S. Nekritz to [242-1] judicial notice of papers and facts (gp, Deputy Clerk) |
| Filing 251 APPENDIX of DOCUMENTS by Albert Merget showing actual knowledge of the Defendants and the Court of Plaintiff's covered disabilities and the need for showing good cause why plaintiff should not be santioned for his inability to be abusively deposed (gp, Deputy Clerk) |
| Filing 250 MOTION by Ivan J. Smith & Co., Nina Lascari to strike/and or reply to [234-1] memorandum of law opposed to motions for summary judgment and dismissal (gp, Deputy Clerk) |
| Filing 249 REPLY by Ivan J. Smith & Co., Nina Lascari to statement opposed to [150-1] motion for final summary judgment (gp, Deputy Clerk) |
| Filing 248 MEMORANDUM of LAW by Albert Merget supporting [220-1] motion to strike the defendant's Sham answers, incomoplete and dilatory initial disclosures and the Sham motions for summary judgment and motion to dismiss (gp, Deputy Clerk) |
| Filing 247 REBUTTAL and MEMORANDUM of LAW by Albert Merget in support of [220-1] motion to strike the defendant's Sham answers, incomoplete and dilatory initial disclosures and the Sham motions for summary judgment and motion to dismiss (gp, Deputy Clerk) |
| Filing 246 APPENDIX of DOCUMENTS/RESPONSE to [233-1] Order to Show Cause by Albert Merget (gp, Deputy Clerk) |
| Filing 245 REPLY by Gene Moss, Sandra Driscoll, Edward S. Nekritz to response to [146-1] motion for summary judgment on count 3 of the amende complaint, [167-1] motion for summary final judgment on count V of the supplemental complaint (gp, Deputy Clerk) |
| Filing 244 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [220-1] motion to strike the defendant's Sham answers, incomoplete and dilatory initial disclosures and the Sham motions for summary judgment and motion to dismiss (gz, Deputy Clerk) |
| Filing 243 Showing of good cause for his inability to attend the contradictory scheduling notices for 8/10/05 and affidavit opposed to sanctions and dismissal of the cause by Albert Merget (gz, Deputy Clerk) Modified on 09/09/2005 |
| Filing 242 Request for judicial notice of papers and facts that prove that the defednants vacated their deposition notice of plaintiff on 8/10/05 and failed to comply with 42 USC 12101 et seq., Sect 504 fo the Rehabilitation Act and Fla. Rule of Civil Procedure 2.065 and the rescheduled deposition of 9/2/05 was terminated because of the plaintiff's disability and illness by Albert Merget (gz, Deputy Clerk) |
| Filing 241 MOTION by Albert Merget to abate defendant's motions for dismissal and deposition sanctions because defendants have made a belated rescheduling of said deposition that may comply with the Americans with Disability Act and 504 of the Rehabilitation Act (gz, Deputy Clerk) |
| Filing 240 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari to join in and adopt defendant's Gene Moss, Sandra Driscoll and Edward Nekritz's response to plaintiff's supplemental filing and request for judicial notice of records that raise issues of material fact for a jury Rule 201, Fed.R.Evid. (gz, Deputy Clerk) |
| Filing 239 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [223-1] NOTICE of filing and request for judicial notice of further witnesses for plaintiff that contradict the incredible "affidavits" of the defendants and show that arbitrator Hollander and Landlord Jay Spechler were operating their private businesses from the Broward County courthouse (gz, Deputy Clerk) |
| Filing 238 MOTION by Ivan J. Smith & Co., Nina Lascari to strike [218-1] SUPPLEMENTAL affidavit opposed to defendants motions for summary judgment and dismissal, showing that plaintiff's witnesses prove that defendants lied and that defendants have failed to provide their insurance policy and inhouse policy procedures manual (gz, Deputy Clerk) |
| Filing 237 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [228-1] motion to compel defense counsel to serve copies of the law office logs showing receipt of mailings (gz, Deputy Clerk) |
| Filing 236 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [220-1] motion to strike the defendant's Sham answers, incomplete and dilatory initial disclosures and the Sham motions for summary judgment and motion to dismiss (gz, Deputy Clerk) |
| Filing 235 NOTICE of Change of Address of attorney by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 234 Part Three of MEMORANDUM of law by Albert Merget and affidavit opposed to defendant's motions for summary judgment and dismissal (gz, Deputy Clerk) |
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Filing 233
ORDER TO SHOW CAUSE why cause should not be sanctioned [214-1] motion to dismiss plaintiff's lawsuit due to plaintiff's failure to appear at deposition. Response to Order to Show Cause due 9/12/05 ( Signed by Magistrate Barry S. Seltzer on 8/30/05) [EOD Date: 8/31/05] (gz, Deputy Clerk)
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| Filing 232 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [202-1] motion to compel Safe, Secure and Equitable Discovery, [202-2] motion sanctions against defense Lawyers Anthony Horky, Stephanie Broder and Michael Hamaway, for refusal to allow mutual disclosures and memorandum of law in support thereof (gz, Deputy Clerk) |
| Filing 231 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [213-1] motion to strike defendant's discovery, [213-2] motion for protective order includes plaintiff's rule 26 certification and memorandum of law in support thereof (gz, Deputy Clerk) |
| Filing 230 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to plaintiff's supplemental filing and request for judicial notice of records that raise issues of material fact for jury. Rule 201, Fed. R.Evid., and memorandum of law in support thereof (gz, Deputy Clerk) |
| Filing 229 Part Two of MEMORANDUM of Law by Albert Merget in opposition to the defendant's motions for summary judgment and motions for dismissal (gz, Deputy Clerk) |
| Filing 228 MOTION by Albert Merget to compel defense counsel to serve copies of the law office logs showing receipt of mailings , to produce defendant's policy procedure manuals and the digital records of the Kensington's Partners communications and records of the Skyline Program and Remedial Racial Recruitment (gz, Deputy Clerk) |
| Filing 227 RESPONSE by Albert Merget to [167-1] motion for summary final judgment on count V of the supplemental complaint (gz, Deputy Clerk) |
| Filing 226 MEMORANDUM of law by Ivan J. Smith & Co., Nina Lascari in opposition to [212-1] motion to sanction defendants Lascari/Smith because their discovery replies dated 8/10/05 add to the cumulative conclusion that Lascari/Smith are obstructing discovery with incredible, dilatory and bad faith evasions (gz, Deputy Clerk) |
| Filing 225 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [213-1] motion to strike defendant's discovery, [213-2] motion for protective order, includes plaintiff's rule 26 certification (gz, Deputy Clerk) |
| Filing 224 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [202-1] motion to compel Safe, Secure and Equitable Discovery, [202-2] motion sanctions against defense Lawyers Anthony Horky, Stephanie Broder and Michael Hamaway, for refusal to allow mutual disclosures (gz, Deputy Clerk) |
| Filing 223 NOTICE of filing and request for judicial notice of further witnesses for plaintiff that contradict the incredible "affidavits" of the defendants and show that arbitrator Hollander and Landlord Jay Spechler were operating their private businesses from the Broward County courthouse by Albert Merget (gz, Deputy Clerk) |
| Filing 222 MOTION by Gene Moss, Edward S. Nekritz, Sandra Driscoll to compel plaintiff to provide copies of certain filings and exhibits , to extend time to respond (gz, Deputy Clerk) |
| Filing 221 MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz to join in and to Adopt Motion of Other Defendants Ivan J. Smith & Co., Inc. and Nina Lascari's motion for dismissal of plaintiff's lawsuit due to plaintiff's failure to appear at deposition (gz, Deputy Clerk) |
| Filing 220 MOTION by Albert Merget to strike the defendant's Sham answers, incomoplete and dilatory initial disclosures and the Sham motions for summary judgment and motion to dismiss (gz, Deputy Clerk) |
| Filing 219 Part One of MEMORANDUM of law by Albert Merget and affidavit opposed to defendant's motions for summary judgment and motion for dismissal of plaintiff's lawsuit (gz, Deputy Clerk) |
| Filing 218 SUPPLEMENTAL affidavit opposed to defendants motions for summary judgment and dismissal, showing that plaintiff's witnesses prove that defendants lied and that defendants have failed to provide their insurance policy and inhouse policy procedures manual by Albert Merget (gz, Deputy Clerk) |
| Filing 217 Supplemental filing and Request by Albert Merget for judicial notice of records that raise issues of material fact for a jury (gz, Deputy Clerk) |
| Filing 216 Phase One Affidavit and Exhibits, RESPONSE by Albert Merget in opposition to [167-1] motion for summary final judgment on count V of the supplemental complaint; [150-1] motion for final summary judgment; [146-1] motion for summary judgment on count 3 of the amended complaint; and showing that there are numerous genuine issues to be tried (gz, Deputy Clerk) |
| Filing 215 CLERK'S appointment of O. Edgar Williams Jr. as Mediator (bb, Deputy Clerk) |
| Filing 214 MOTION by Ivan J. Smith & Co., Nina Lascari to dismiss plaintiff's lawsuit due to plaintiff's failure to appear at deposition (gz, Deputy Clerk) |
| Filing 213 MOTION by Albert Merget to strike defendant's discovery , for protective order includes plaintiff's rule 26 certification (gz, Deputy Clerk) |
| Filing 212 MOTION by Albert Merget to sanction defendants Lascari/Smith because their discovery replies dated 8/10/05 add to the cumulative conclusion that Lascari/Smith are obstructing discovery with incredible, dilatory and bad faith evasions (gz, Deputy Clerk) |
| Filing 211 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [197-1] notice of additional documentation that defendants have not shown the absence of genuine issues for trial therefore defense motions for summary judgement are frivolous and deserving of sanctions (gz, Deputy Clerk) |
| Filing 210 MOTION by Ivan J. Smith & Co., Nina Lascari to strike [198-1] memorandum of law opposed to defendant's motions for summary judgment and in support of cross-motion for summary judgment against the defedants (gz, Deputy Clerk) |
| Filing 209 MOTION by Albert Merget to expedite disclosures because Gene Moss, et al. committed fraud against federal housing trust funds an the Skyline Program (Qui Tam Action), FRCP 26, 34 and 37 (also contains rebuttal to Edward Nekritz's motion for a protective order (gz, Deputy Clerk) |
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Filing 208
ORDER denying [151-1] motion for summary judgment; denying [154-1] motion to sanction Nina Lascari, Gene Moss and Sandra Driscoll and their attorneys for obstructing the interrogatories and moving for summary judgment while many material facts are in dispute, with many contradictions with Lascari and Moss's submissions to the Florida Commission on Human Relations; denying [159-1] motion to strike and sanction Nina Lascari's "Affidavit" because it was filed in bad faith and intends to add unnecessary time and expense to the matter and said affidavit contradicts Lascari's testimony to the Florida Commission on human relations. FRCP 11 and 56(e); denying [165-1] opposition response which has been construed as a motion for sanctions; denying [166-1] motion for summary judgment against Sandra Driscoll because Sandra Driscoll intentionally failed to disclose in her interrogatories and in her required initial disclosures; denying [181-1] motion to appoint Tory Willingham as court mediator with stay on defense motions for summary judgment; denying [179-1] motion for 30 day time extension to rebut defendants motions for summary judgment, due to plaintiff's disabilities (ADA), travel hardship, travel to Broward County and defendants filing of undated, illegible and/or untimely discovery responses and affidavits and defense refusal to confer on mediation and disclosure, inter alia; denying [182-1] notice/motion to stay the defense motions for summary judgment ( Signed by Judge Kenneth A. Marra on 8/16/05) [EOD Date: 8/17/05] (gz, Deputy Clerk)
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Filing 207
ORDER denying [149-1] motion to compel expeditious production of documents ( Signed by Magistrate Barry S. Seltzer on 8/16/05) [EOD Date: 8/17/05] (gz, Deputy Clerk)
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| Filing 206 Rule 26(c) Certification by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 205 NOTICE to the court regarding correspondence with counsel by Albert Merget (gz, Deputy Clerk) |
| Filing 204 MOTION by Albert Merget to disqualify law firm of Mombach Boyle Hardin and/or censure Anthony Horky and Michael Hamaway for refusing to provide reasonable accommodations under the ADA and the US and Florida constitution (gz, Deputy Clerk) |
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Filing 203
ORDER on VARIOUS MOTIONS denying [173-1] motion to assess costs, including oral depositions and private investigators and forensic accountants, because Edward Nekritz, Nina Lascari and Ivan J. Smith Co., Inc. have refused to produce records, answer interrogatories and make admissions denying [196-1] motion for protective order requiring the untimely, contradictory, burdensome and bad faith instructions for 8/10/05 to conform to the Federal Rules and the Americans with Disabilities Act (ADA), FRCP 26(c), 26(f), 30(b)(5), 30(d), 37 (Signed by Magistrate Barry S. Seltzer on 08/12/05) [EOD Date: 8/15/05] (gp, Deputy Clerk)
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| Filing 202 MOTION by Albert Merget to compel Safe, Secure and Equitable Discovery , with sanctions against defense Lawyers Anthony Horky, Stephanie Broder and Michael Hamaway, for refusal to allow mutual disclosures (gp, Deputy Clerk) |
| Filing 201 RESPONSE by Gene Moss, Sandra Driscoll, Edward S. Nekritz to Discovery Re: Second Phase of First Interrogatories (gp, Deputy Clerk) |
| Filing 200 MOTION by Edward S. Nekritz to strike Plaintiff's Discovery , or in the alternative for protective order that Plaintiff comply with Rule 36, Federal Rules of Civil Procedure, and for such further relief as this Court deems just and proper (gp, Deputy Clerk) |
| Filing 199 MOTION by Gene Moss, Sandra Driscoll, Edward S. Nekritz for protective order as to Plaintiff's Second Phase of First Interrogatories, and their responses and objections to Plaintiff's Oral and Written Depositions and Demand for Production of Documents, Records & things and Requests for Admissions (gp, Deputy Clerk) |
| Filing 198 MEMORANDUM of law by Albert Merget in opposition to defendant's motions for summary judgment and in support of cross-motion for summary judgment against the defendants (gz, Deputy Clerk) |
| Filing 197 NOTICE by Albert Merget of additional documentation that defendants have not shown the absence of genuine issues for trial therefore defense motions for summary judgement are frivolous and deserving of sanctions (gz, Deputy Clerk) |
| Filing 196 MOTION by Albert Merget for protective order requiring the untimely, contradictory, burdensome and bad faith instructions for 8/10/05 to conform to the Federal Rules and the Americans with Disabilities Act (ADA), FRCP 26(c), 26(f), 30(b)(5), 30(d), 37 (gz, Deputy Clerk) |
| Filing 195 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [194-1] memorandum of law in support of plaintiff's motion for protective order and opposed to defendant's premature and bad faith motions for summary judgment (gz, Deputy Clerk) |
| Filing 194 MEMORANDUM of law by Albert Merget in support of plaintiff's motion for a protective order and opposed to defendant's premature and bad faith motions for summary judgment (gz, Deputy Clerk) |
| Filing 193 Corrected NOTICE by Sandra Driscoll to take video deposition of Albert Merget 8/10/05 at 9:00 (gz, Deputy Clerk) |
| Filing 192 RESPONSE by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [179-1] motion for 30 day time extension to rebut defendants motions for summary judgment, due to plaintiff's disabilities (ADA), travel hardship, travel to Broward County and defendants filing of undated, illegible and/or untimely discovery responses and affidavits and defense refusal to confer on mediation and disclosure, inter alia (gz, Deputy Clerk) |
| Filing 191 RESPONSE and memorandum of law by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [174-1] affidavit of Albert Merget with exhibits proving that the defendants are obstructing the discovery and the mediation while filing premature motions for summary judgment (gz, Deputy Clerk) |
| Filing 190 RESPONSE and memorandum of law by Gene Moss, Edward S. Nekritz, Sandra Driscoll to [176-1] notice of List of disputed material facts that preclude defendants motions for summary judgment with plaintiff's notice of filing of exhibits that prove the allegations in the complaint (gz, Deputy Clerk) |
| Filing 189 NOTICE of filing in support of summary final judgment (attachment) by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 188 Responsive MOTION by Ivan J. Smith & Co., Nina Lascari to strike plaintiff's list of disputed material facts that preclude defendants motions for summary judgment with plaintiff's notice of filing of exhibits that prove the allegations in the complaint (gz, Deputy Clerk) |
| Filing 187 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [179-1] motion for 30 day time extension to rebut defendants motions for summary judgment, due to plaintiff's disabilities (ADA), travel hardship, travel to Broward County and defendants filing of undated, illegible and/or untimely discovery responses and affidavits and defense refusal to confer on mediation and disclosure, inter alia (gz, Deputy Clerk) |
| Filing 186 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [182-1] notice of filing discovery demands with a motion to stay the defense motions for summary judgment until after discovery closes on 8/30/05 by Albert Merget (gz, Deputy Clerk) |
| Filing 185 RESPONSE in opposition by Ivan J. Smith & Co., Nina Lascari to [181-1] motion to appoint Tory Willingham as court mediator with stay on defense motions for summary judgment (gz, Deputy Clerk) |
| Filing 184 NOTICE of filing of documents that further prove that Moss/Nekritz and Lascari/Smith are using dilatory tactics to obstruct disclosure and mediation and therefore do not deserve summary judgment in their favor by Albert Merget (gz, Deputy Clerk) |
| Filing 181 MOTION by Albert Merget to appoint Tory Willingham as court mediator with stay on defense motions for summary judgment (gz, Deputy Clerk) |
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Filing 183
ORDER denying [180-1] motion for protective order to require federal depositions under federal supervision and pursuant to the American's with Disablities Act ( Signed by Magistrate Barry S. Seltzer on 7/29/05) [EOD Date: 8/1/05] (gz, Deputy Clerk)
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| Filing 182 NOTICE of filing of plaintiff's discovery demands with a motion to stay the defense motions for summary judgment until after discovery closes on 8/30/05 by Albert Merget (gz, Deputy Clerk) |
| Filing 180 MOTION by Albert Merget for protective order to require federal depositions under federal supervision and pursuant to the American's with Disablities Act (gz, Deputy Clerk) |
| Filing 179 MOTION by Albert Merget for 30 day time extension to rebut defendants motions for summary judgment, due to plaintiff's disabilities (ADA), travel hardship, travel to Broward County and defendants filing of undated, illegible and/or untimely discovery responses and affidavits and defense refusal to confer on mediation and disclosure, inter alia (gz, Deputy Clerk) |
| Filing 178 NOTICE by Gene Moss, Kensington, Jules Gerson, Edward S. Nekritz, Irving Miller, Hal Asch, Robert Blaine, Tredd Investors, Michael Hamaway, Mombach Boyle, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Peter Duhaime, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander to take video deposition of Albert Merget 8/10/05 at 9:00 (gz, Deputy Clerk) |
| Filing 177 NOTICE of filing plaintiff's interrogatories to defendants in support of their motion for final summary judgment as to count 5 of the supplemental complaint by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 176 List of disputed material facts that preclude defendants motions for summary judgment with plaintiff's notice of filing of exhibits that prove the allegations in the complaint by Albert Merget (gz, Deputy Clerk) |
| Filing 175 REPLY by Ivan J. Smith & Co., Nina Lascari to response to [150-1] motion for final summary judgment (gz, Deputy Clerk) |
| Filing 174 AFFIDAVIT by Albert Merget wit exhibis proving that the defendants are obstructing discovery and the mediation while filing premature motions for summary judgment (gz, Deputy Clerk) |
| Filing 173 MOTION by Albert Merget to assess costs, including oral depositions and private investigators and forensic accountants, because Edward Nekritz, Nina Lascari and Ivan J. Smith Co., Inc. have refused to produce records, answer interrogatories and make admissions (gz, Deputy Clerk) |
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Filing 172
ORDER granting in part, denying in part [157-1] motion to compel expedited production of writings, records, defenses and any evidence relevant to the issues {see order for details} ( Signed by Magistrate Barry S. Seltzer on 7/21/05) [EOD Date: 7/22/05] (gz, Deputy Clerk)
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| Filing 171 NOTICE of filing documnents in support of motion for final summary judgment DE 150 (attached) by Ivan J. Smith & Co., Nina Lascari (gz, Deputy Clerk) |
| Filing 170 Notice of filing AFFIDAVIT by Gene Moss, Edward S. Nekritz, Sandra Driscoll Re: [167-1] motion for summary final judgment on count V of the supplemental complaint (gz, Deputy Clerk) |
| Filing 169 Notice of supplemental filing and Request by Gene Moss, Edward S. Nekritz, Sandra Driscoll for judicial notice pursuant to rulw 201, Fed.R. Evid. (gz, Deputy Clerk) |
| Filing 168 NOTICE of filing answers to interrogatories (attached) by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 167 Rule 56(b) MOTION with memorandum in support by Gene Moss, Edward S. Nekritz, Sandra Driscoll for summary final judgment on count V of the supplemental complaint (gz, Deputy Clerk) |
| Filing 166 MOTION by Albert Merget for summary judgment against Sandra Driscoll because Sandra Driscoll intentionally failed to disclose in her interrogatories and in her required initial disclosures (gz, Deputy Clerk) |
| Filing 165 REBUTTAL AFFIDAVIT and EXHIBITS by Albert Merget OPPOSED to Lascari/Smith belated and defective [150-1] motion for final summary judgment (gp, Deputy Clerk) |
| Filing 164 NOTICE of filing corrected motion for final summary judgment to include page 2 by Ivan J. Smith & Co., Nina Lascari (gz, Deputy Clerk) |
| Filing 163 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [159-1] motion to strike and sanction Nina Lascari's "Affidavit" because it was filed in bad faith and intends to add unnecessary time and expense to the matter and said affidavit contradicts Lascari's testimony to the Florida Commission on human relations. FRCP 11 and 56(e) (gz, Deputy Clerk) |
| Filing 162 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [157-1] motion to compel expedited production of writings, records, defenses and any evidence relevant to the issues (gz, Deputy Clerk) |
| Filing 161 Updated disclosures/Witness list by Albert Merget (gz, Deputy Clerk) |
| Filing 160 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [154-1] motion to sanction Nina Lascari, Gene Moss and Sandra Driscoll and their attorneys for obstructing the interrogatories and moving for summary judgment while many material facts are in dispute, with many contradictions with Lascari and Moss's submissions to the Florida Commission on Human Relations (gz, Deputy Clerk) |
| Filing 159 MOTION by Albert Merget to strike and sanction Nina Lascari's "Affidavit" because it was filed in bad faith and intends to add unnecessary time and expense to the matter and said affidavit contradicts Lascari's testimony to the Florida Commission on human relations. FRCP 11 and 56(e) (gz, Deputy Clerk) |
| Filing 158 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [151-1] motion for summary judgment; [151-1] response in opposition to answer; [151-1] response to sham motions to dismiss (gz, Deputy Clerk) |
| Filing 157 MOTION by Albert Merget to compel expedited production of writings, records, defenses and any evidence relevant to the issues (gz, Deputy Clerk) |
| Filing 156 RESPONSE by Ivan J. Smith & Co., Nina Lascari to [154-1] motion to sanction Nina Lascari, Gene Moss and Sandra Driscoll and their attorneys for obstructing the interrogatories and moving for summary judgment while many material facts are in dispute, with many contradictions with Lascari and Moss's submissions to the Florida Commission on Human Relations (gz, Deputy Clerk) |
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Filing 155
ORDER substituting Michael P. Hamaway as Attorney ( Signed by Judge Kenneth A. Marra on 6/20/05) [EOD Date: 6/22/05] (gz, Deputy Clerk)
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| Filing 154 MOTION by Albert Merget to sanction Nina Lascari, Gene Moss and Sandra Driscoll and their attorneys for obstructing the interrogatories and moving for summary judgment while many material facts are in dispute, with many contradictions with Lascari and Moss's submissions to the Florida Commission on Human Relations (gz, Deputy Clerk) |
| Filing 153 Joint STIPULATION by Sandra Driscoll In Re: substitution of counsel as to Michael Hemaway in place of Franklin Zemel (gz, Deputy Clerk) |
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Filing 152
ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Barry S. Seltzer ( Signed by Judge Kenneth A. Marra on 6/16/05) CCAP [EOD Date: 6/17/05] (gz, Deputy Clerk)
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| Filing 151 RESPONSE by Albert Merget to sham motions to dismiss (gz, Deputy Clerk) |
| Filing 150 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari for final summary judgment (at, Deputy Clerk) |
| Filing 149 MOTION by Albert Merget to compel expeditious production of documents (gz, Deputy Clerk) |
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Filing 148
ORDER denying [147-1] motion for leave to supplement or amend the amended complaint due to extenuating circumstances and societal needs ( Signed by Judge Kenneth A. Marra on 6/3/05) [EOD Date: 6/6/05] (gz, Deputy Clerk)
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| Filing 147 MOTION by Albert Merget (pro se) for leave to supplement or amend the amended complaint due to extenuating circumstances and societal needs (at, Deputy Clerk) |
| Filing 146 Rule 56(b) MOTION with memorandum in support by Gene Moss, Edward S. Nekritz, Sandra Driscoll for summary judgment on count 3 of the amende complaint (gz, Deputy Clerk) |
| Filing 145 Answer and affirmative defenses by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 144 Answer and affirmative defenses to count V of supplemental complaint by Ivan J. Smith & Co., Nina Lascari (gz, Deputy Clerk) |
| Filing 143 Unilateral Scheduling Report by Ivan J. Smith Co., Nina Lascari (gz, Deputy Clerk) |
| Filing 142 Unilateral Scheduling Report by Gene Moss, Edward S. Nekritz, Sandra Driscoll (gz, Deputy Clerk) |
| Filing 141 Unilateral Scheduling Report by Albert Merget (gz, Deputy Clerk) |
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Filing 140
ORDER granting [120-1] motion to dismiss amended complaint Counts VI, V amd VII are dismissed with prejudice. denying without prejudice [124-1] motion for summary judgment against defendants Moss, Lascari, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and the Kensington Associates granting [127-1] motion to dismiss count V of amended complaint granting [128-1] motion to accept her motion to dismiss count V of complaint and her motion for an enlargement of time as timely filed granting in part, denying in part [132-1] motion to dismiss amended complaint dated 3/10/05 granting [133-1] motion to join in and adopt Defendant Sandra Driscoll's response memorandum in opposition to motion for summary judgment against Defendant Moss, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and Kensington Associates denying [134-1] motion to sanction default defendants Gene Moss, Edward Nekritz, Sandra Driscoll et al for their untimely, irrelevent prejudicial and contemptuos motion to dismiss the amended complaint denying [137-1] motion for protective order, denying motion for sanctions, denying [137-3] motion to quash irrelevant, scandalous, inmaterial and distorted references to out of state matters denying [138-1] motion to strike [132-1] motion to dismiss amended complaint dated 3/10/05. The stay entered on 12/9/04 (DE #104) is now lifted. ( Signed by Judge Kenneth A. Marra on 5/16/05) [EOD Date: 5/20/05] (Former Deputy Clerk)
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| Filing 139 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [137-1] motion for protective order, [137-2] motion for sanctions, [137-3] motion to quash irrelevant, scandalous, inmaterial and distorted references to out of state matters (Former Deputy Clerk) |
| Filing 138 MOTION by Albert Merget to strike [132-1] motion to dismiss amended complaint dated 3/10/05 (Former Deputy Clerk) |
| Filing 137 MOTION by Albert Merget for protective order , and for sanctions , to quash irrelevant, scandalous, inmaterial and distorted references to out of state matters (gp, Deputy Clerk) |
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Filing 136
ORDER granting nunc pro tunc [123-1] motion for enlargement of time to respond to amended complaint, granting nunc pro tunc [126-1] motion for enlargement of time to respond to amended complaint resetting answer due for 4/4/05 for Sandra Driscoll ( Signed by Judge Kenneth A. Marra on 4/21/05) [EOD Date: 4/25/05] (Former Deputy Clerk)
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Filing 135
ORDER granting nunc pro tunc [122-1] motion for ten-day extension of time for responding to amended complaint, granting nunc pro tunc [125-1] for an additional ten-day extension of time (until 4/14/05) for responding to amended complaint resetting answer due for 4/4/05 for Edward S. Nekritz, for Kensington, for Gene Moss ( Signed by Judge Kenneth A. Marra on 4/21/05) [EOD Date: 4/25/05] (Former Deputy Clerk)
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| Filing 134 MOTION by Albert Merget to sanction and default defendants Gene Moss, Edward Nekritz, Sandra Driscoll et al for their untimely, irrelevent prejudicial and contemptuos motion to dismiss the amended complaint (Former Deputy Clerk) |
| Filing 133 MOTION by Gene Moss, Kensington, Edward S. Nekritz to join in and adopt Defendant Sandra Driscoll's response memorandum in opposition to motion for summary judgment against Defendant Moss, Lascari, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and the Kensington Associates (Former Deputy Clerk) |
| Filing 132 MOTION by Gene Moss, Kensington, Edward S. Nekritz, Sandra Driscoll to dismiss amended complaint dated 3/10/05 (Former Deputy Clerk) |
| Filing 131 NOTICE of additional attorney appearance for Sandra Driscoll by Michael Patrick Hamaway (Former Deputy Clerk) |
| Filing 130 RESPONSE Memorandum by Sandra Driscoll in opposition to [124-1] motion for summary judgment against defendants Moss, Lascari, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and The Kensington Associates (ss, Deputy Clerk) |
| Filing 129 RESPONSE MEMORANDUM by Ivan J. Smith & Co., Nina Lascari to [124-1] motion for summary judgment against defendants Moss, Lascari, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and the Kensington Associates (gp, Deputy Clerk) |
| Filing 128 MOTION by Sandra Driscoll to accept her motion to dismiss count V of complaint and her motion for an enlargement of time as timely filed (ss, Deputy Clerk) |
| Filing 127 MOTION by Sandra Driscoll to dismiss count V of amended complaint (ss, Deputy Clerk) |
| Filing 126 MOTION by Sandra Driscoll (Attorney Nannette Piccolo) for enlargement of time to respond to amended complaint (ss, Deputy Clerk) |
| Filing 125 MOTION by Gene Moss, Kensington, Edward S. Nekritz for an additional ten-day extension of time (until 4/14/05) for responding to amended complaint (ss, Deputy Clerk) |
| Filing 124 MOTION by Albert Merget for summary judgment against defendants Moss, Lascari, Duhaime, Nekritz, Driscoll, Ivan J. Smith Co., Inc., and the Kensington Associates (Former Deputy Clerk) |
| Filing 123 MOTION by Sandra Driscoll for enlargement of time to respond to amended complaint (ss, Deputy Clerk) |
| Filing 122 MOTION by Gene Moss, Kensington, Edward S. Nekritz for ten-day extension of time for responding to amended complaint (ss, Deputy Clerk) |
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Filing 121
ORDER denying as moot [106-1] motion for default judgment against Peter Duhaime, denying as moot [106-2] motion for more definite statement from Sandra Driscoll, denying as moot [113-1] motion to Join in and Adopt Defendants Ivan J. Smith & Co., and Nina Lascari's response memorandum in opposition to Plaintiff's motion to amend the complaint and to reconsider the order staying discovery, denying as moot [117-1] motion to dismiss Amended Complaint (Signed by Judge Kenneth A. Marra on 03/23/05) [EOD Date: 3/24/05] (gp, Deputy Clerk)
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| Filing 120 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari to dismiss amended complaint (Former Deputy Clerk) |
| Filing 119 Answer and affirmative defenses by Ivan J. Smith & Co., Nina Lascari (gp, Deputy Clerk) |
| Filing 118 AMENDED COMPLAINT as per the Order dated 3/3/05 by Albert Merget , (Answer due 3/24/05 for Gene Moss, for Nina Lascari, for Peter Duhaime, for Edward S. Nekritz, for Sandra Driscoll, for Ivan J. Smith & Co., for Kensington ) amending [1-1] complaint (Former Deputy Clerk) |
| Filing 117 MOTION with memorandum in support by Sandra Driscoll to dismiss Amended Complaint **Please see Order DE #116, granting Motion for Leave to file this Motion to Dismiss. (gp, Deputy Clerk) |
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Filing 116
ORDER granting [40-1] motion to dismiss complaint, denying as moot [40-2] motion to strike [26-1] amended complaint dismissing with prejudice [26-1] amended complaint, dismissing with prejudice [27-1] amendment to, dismissing with prejudice [35-1] amended complaint denying [41-1] motion for removal of County Court Case to US District Court with jury trial required to establish questions of fact, denying [42-1] motion for default judgment against Gene Moss, Kensington granting [46-1] motion to dismiss complaint, denying as moot [46-2] motion to strike [1-1] complaint denying as moot [50-1] motion for protective order pursuant to Fed.R.Civ.P. 26(f), granting [54-1] motion to dismiss Amended Complaint denying without prejudice [55-1] motion for sanctions, denying without prejudice [55-2] motion for attorney fees denying as moot [56-1] motion to compel phase one discovery with sanctions against Attorney Michael Hamaway, granting [57-1] motion to amend [35-1] amended complaint granting [59-1] motion to dismiss the action denying as moot [61-1] motion for a 5 day extension to serve and file his response to amended complaint dismissing with prejudice [62-1] motion for summary judgment against Kensington Associates, Gene Moss, Edward Nekritz, Resolutions, Inc. Rhonda Hollander, Mombach Boyle & Hardin, Michael Hamaway, Ivan J. Smith Co., Inc. and Nina Lascari, dismissing with prejudice [97-1] motion for summary judgment, dismissing with prejudice [98-1] motion for summary judgment against each and every defendant 18 USC 1623, 42 USC 1983, 3617, 3631 FRCP 8(d), 26(a), 37(c), 56(a) & (g) denying [64-1] motion to strike [59-1] motion to dismiss the action, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [46-2] motion to strike [1-1] complaint, [40-1] motion to dismiss complaint, [40-2] motion to strike [26-1] amended complaint, denying as moot [66-1] motion for protective order granting [67-1] motion to withdraw [63-1] complaint answer by Sandra Driscoll granting [67-2] motion for leave to file motion to dismiss denying as moot [68-1] motion to compel expedited discovery with an updated unilateral scheduling report and memo of law, denying [69-1] motion to strike [35-1] amended complaint granting in part, denying in part [69-2] motion to dismiss supplemental complaint granting [70-1] motion to dismiss new amended complaint, Plaintiff's Second Amended Complaint is DISMISSED with Prejudice; granting [71-1] motion to joind in and adopt Defendants, Ivan J. Smith & Co., Inc. and Nina Lascari's Motion to strike supplemental complaint and, in the alternative Motion to dismiss with supporting memorandum of law, granting [75-1] motion to adopt Defendants Gene Moss and the Kinsington Associates' motion to dismiss complaint and motion to strike complaint denying [76-1] motion for default judgment against Gene Moss, Michael Hamaway, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander, denying withourt prejudice [76-2] motion to amend [35-1] amended complaint granting [78-1] motion to dismiss amended complaint on behalf of Resolutions, granting [78-2] motion for summary judgment denying [83-1] motion to strike all the pleadings filed by attorneys Jon May, Franklin Zemel, Jennifer Walker, Rhonda Hollander, Steven Chackan and Michael Hamaway, denying [83-2] motion for protective order against each of the same attorneys and their clients, pursuant to Fed.R.Civ.P. 12(f), 54(c), 55(a), 56(g), and Fla.R.Civ.P. 1.150 and 1.500 denying [85-1] motion to compel initial and automatic disclosures (Rule 26) with motion for sanctions, denying [85-2] motion request for Judicial notice of documents that further prove Michael Hamaway's malice, bad faith and abuse of process denying without prejudice [88-1] motion for sanctions, denying without prejudice [88-2] motion for attorney fees denying without prejudice [89-1] motion for sanctions, denying without prejudice [89-2] motion for attorney fees, denying [91-1] motion to strike [78-1] motion to dismiss amended complaint on behalf of Resolutions, [70-1] motion to dismiss new amended complaint, [69-2] motion to dismiss supplemental complaint, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [40-1] motion to dismiss complaint, [59-1] motion to dismiss the action, with new proof of malice, bad faith and gross incompetence by Rhonda Hollander, et al, with supplemental memo of law granting [94-1] motion to join in and adopt Defendants, Ivan J. Smith & Co., Inc., Nina Lascari's, Gene Moss and the Kensington Associates motions to strike supplemental complaint and in the alternative motion to dismiss denying [96-1] motion to supplement Defendant's pleadings with Rhonda Hollander's new writing, waiving her previous claim of immunity, denying [97-2] motion for sanctions against Rhonda Hollander, Michael Hamaway and Gene Moss. FRCP 56(C), FRCP 11 AND 28 USC 1927 denying [105-1] motion to amend [35-1] amended complaint. The Court's December 10, 2004 Order #104 remains in effect. Discovery and compliance with pre-trial deadliens are STAYED. **Please see order for further details.(Signed by Judge Kenneth A. Marra on 03/03/05) [EOD Date: 3/7/05] (gp, Deputy Clerk)
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Filing 115
ORDER re: status of case ( Signed by Judge Kenneth A. Marra on 1/21/05) [EOD Date: 1/24/05] (Former Deputy Clerk)
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| Filing 114 PROPOSED AMENDED COMPLAINT as per request by Defendants Nina Lascari, Ivan J. Smith & Co., Inc. and Sandra Driscoll, et al by Albert Merget , (Answer due 1/31/05 for William Robert Leonard, for Sandra Driscoll, for Peter Duhaime, for Nina Lascari, for Ivan J. Smith & Co., for Resolutions, Inc., for Michael Hamaway, for Kensington, for Gene Moss ) amending [35-1] amended complaint (Former Deputy Clerk) |
| Filing 113 MOTION by Gene Moss, Kensington, Edward S. Nekritz, Michael Hamaway, Mombach Boyle to Join in and Adopt Defendants Ivan J. Smith & Co., and Nina Lascari's response memorandum in opposition to Plaintiff's motion to amend the complaint and to reconsider the order staying discovery (Former Deputy Clerk) |
| Filing 112 RESPONSE MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [105-1] motion to amend [35-1] amended complaint and to Reconsider the order staying discovery (Former Deputy Clerk) |
| Filing 110 RESPONSE by Sandra Driscoll in opposition to [106-1] motion for default judgment against Peter Duhaime, [106-2] motion for more definite statement from Sandra Driscoll (Former Deputy Clerk) |
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Filing 111
ORDER granting [109-1] motion to extend time to file their response to plaintiff's motion to amend the amended complaint with the assistance of plaintiff's counsel, granting [109-2] motion for reconsideration of [104-1] order staying discovery Response to motion reset to 1/7/05 for [105-1] motion to amend [35-1] amended complaint ( Signed by Judge Kenneth A. Marra on 1/10/05) [EOD Date: 1/12/05] (Former Deputy Clerk)
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| Filing 108 RESPONSE by Sandra Driscoll in opposition to [105-1] motion to amend [35-1] amended complaint and to reconsider the order staying discovery (Former Deputy Clerk) Modified on 03/23/2005 |
| Filing 109 MOTION by Ivan J. Smith & Co., Nina Lascari to extend time to file their response to plaintiff's motion to amend the amended complaint with the assistance of plaintiff's counsel , and for reconsideration of [104-1] order staying discovery (Former Deputy Clerk) Modified on 01/10/2005 |
| Filing 107 NOTICE of Pendency of Motion by Albert Merget re: [105-1] motion to amend [35-1] amended complaint (Former Deputy Clerk) |
| Filing 106 MOTION by Albert Merget for default judgment against Peter Duhaime , and for more definite statement from Sandra Driscoll (Former Deputy Clerk) |
| Filing 105 MOTION by Albert Merget to amend [35-1] amended complaint (gp, Deputy Clerk) |
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Filing 104
ORDER granting [49-1] motion for leave to file unilateral scheduling report,, granting [49-2] motion to stay of deadlines to file scheduling report pending service of process on all named defendants, granting [49-3] motion adjudication of pending motions ( Signed by Judge Kenneth A. Marra on 12/9/04) [EOD Date: 12/10/04] (Former Deputy Clerk)
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| Filing 103 NOTICE of Change of Address of party by Albert Merget (ct, Deputy Clerk) |
| Filing 102 RESPONSE memorandum by Ivan J. Smith & Co., Nina Lascari in opposition to [98-1] motion for summary judgment against each and every defendant 18 USC 1623, 42 USC 1983, 3617, 3631 FRCP 8(d), 26(a), 37(c), 56(a) & (g) (Former Deputy Clerk) |
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Filing 101
ORDER granting [100-1] motion to extend time to file their response to Plaintiff's motion, affidavit and memorandum in support of summary judgment against each and every Defendant Defendants shall have through 11/22/04 to serve response ( Signed by Judge Kenneth A. Marra on 11/18/04) [EOD Date: 11/19/04] (Former Deputy Clerk)
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| Filing 100 MOTION by Irving Miller, Nina Lascari to extend time to file their response to Plaintiff's motion, affidavit and memorandum in support of summary judgment against each and every Defendant (Former Deputy Clerk) |
| Filing 99 RESPONSE by Sandra Driscoll to [98-1] motion for summary judgment against each and every defendant 18 USC 1623, 42 USC 1983, 3617, 3631 FRCP 8(d), 26(a), 37(c), 56(a) & (g) (Former Deputy Clerk) |
| Filing 98 MOTION, affidavit, and memorandum in support by Albert Merget for summary judgment against each and every defendant 18 USC 1623, 42 USC 1983, 3617, 3631 FRCP 8(d), 26(a), 37(c), 56(a) & (g) (Former Deputy Clerk) |
| Filing 97 MOTION and affidavit in support by Albert Merget for summary judgment , and for sanctions against Rhonda Hollander, Michael Hamaway and Gene Moss. FRCP 56(C), FRCP 11 AND 28 USC 1927 (Former Deputy Clerk) Modified on 11/04/2004 |
| Filing 96 MOTION by Albert Merget to supplement Defendant's pleadings with Rhonda Hollander's new writing, waiving her previous claim of immunity (Former Deputy Clerk) |
| Filing 95 RESPONSE by Rhonda Hollander to Merget's motion to strike defendant, Resolutions, Inc. and/or claims of immunity (Former Deputy Clerk) |
| Filing 94 MOTION with memorandum in support by William Venturi to join in and adopt Defendants, Ivan J. Smith & Co., Inc., Nina Lascari's, Gene Moss and the Kensington Associates motions to strike supplemental complaint and in the alternative motion to dismiss (Former Deputy Clerk) |
| Filing 93 RESPONSE by Sandra Driscoll to [91-1] motion to strike [78-1] motion to dismiss amended complaint on behalf of Resolutions, [70-1] motion to dismiss new amended complaint, [69-2] motion to dismiss supplemental complaint, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [40-1] motion to dismiss complaint, [59-1] motion to dismiss the action, with new proof of malice, bad faith and gross incompetence by Rhonda Hollander, et al, with supplemental memo of law (Former Deputy Clerk) |
| Filing 92 RESPONSE MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [91-1] motion to strike [78-1] motion to dismiss amended complaint on behalf of Resolutions, [70-1] motion to dismiss new amended complaint, [69-2] motion to dismiss supplemental complaint, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [40-1] motion to dismiss complaint, [59-1] motion to dismiss the action, with new proof of malice, bad faith and gross incompetence by Rhonda Hollander, et al, with supplemental memo of law (Former Deputy Clerk) |
| Sent copy of docket sheet to Plaintiff (Former Deputy Clerk) |
| Filing 91 MOTION by Albert Merget (Attorney ) to strike [78-1] motion to dismiss amended complaint on behalf of Resolutions, [70-1] motion to dismiss new amended complaint, [69-2] motion to dismiss supplemental complaint, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [40-1] motion to dismiss complaint, [59-1] motion to dismiss the action, with new proof of malice, bad faith and gross incompetence by Rhonda Hollander, et al, with supplemental memo of law (Former Deputy Clerk) |
| Filing 90 INITIAL Disclosures by Sandra Driscoll (Former Deputy Clerk) |
| Filing 89 MOTION with memorandum in support by Resolutions, Inc., Rhonda Hollander for sanctions , and for attorney fees (Former Deputy Clerk) |
| Filing 88 MOTION with memorandum in support by Sandra Driscoll for sanctions , and for attorney fees (Former Deputy Clerk) |
| Filing 86 RESPONSE by Ivan J. Smith & Co., Nina Lascari in opposition to [83-1] motion to strike all the pleadings filed by attorneys Jon May, Franklin Zemel, Jennifer Walker, Rhonda Hollander, Steven Chackan and Michael Hamaway (Former Deputy Clerk) |
| Filing 85 MOTION by Albert Merget to compel initial and automatic disclosures (Rule 26) with motion for sanctions , and request for Judicial notice of documents that further prove Michael Hamaway's malice, bad faith and abuse of process (Former Deputy Clerk) |
| Filing 84 RESPONSE by Sandra Driscoll to [83-1] motion to strike all the pleadings filed by attorneys Jon May, Franklin Zemel, Jennifer Walker, Rhonda Hollander, Steven Chackan and Michael Hamaway (Former Deputy Clerk) |
| Filing 83 MOTION by Albert Merget (Attorney Pro Se ) to strike all the pleadings filed by attorneys Jon May, Franklin Zemel, Jennifer Walker, Rhonda Hollander, Steven Chackan and Michael Hamaway , and for protective order against each of the same attorneys and their clients, pursuant to Fed.R.Civ.P. 12(f), 54(c), 55(a), 56(g), and Fla.R.Civ.P. 1.150 and 1.500 (Former Deputy Clerk) |
| Filing 82 MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [76-1] motion for default judgment against Gene Moss, Michael Hamaway, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander, [76-2] motion to amend [35-1] amended complaint (Former Deputy Clerk) |
| Filing 81 RETURN OF SERVICE executed for Peter Duhaime on 5/6/04 Answer due on 5/26/04 for Peter Duhaime (tb, Deputy Clerk) |
| Filing 80 RESPONSE by Sandra Driscoll to [76-1] motion for default judgment against Gene Moss, Michael Hamaway, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander, [76-2] motion to amend [35-1] amended complaint (Former Deputy Clerk) |
| Filing 79 RETURN OF SERVICE executed for Peter Duhaime on 5/6/04 Answer due on 5/26/04 for Peter Duhaime (Former Deputy Clerk) |
| Filing 78 MOTION by Rhonda Hollander ( Rhonda Hollander ) to dismiss amended complaint on behalf of Resolutions , or in the alternative for summary judgment (Former Deputy Clerk) |
| Filing 77 RESPONSE MEMORANDUM by Ivan J. Smith & Co., Nina Lascari in opposition to [68-1] motion to compel expedited discovery with an updated unilateral scheduling report and memo of law (lk, Deputy Clerk) |
| Filing 87 NOTICE of Service of various pleadings by Sandra Driscoll (Former Deputy Clerk) |
| Filing 76 MOTION with memorandum in support by Albert Merget for default judgment against Gene Moss, Michael Hamaway, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander , and to amend [35-1] amended complaint (Former Deputy Clerk) |
| Filing 75 MOTION with memorandum in support by William Venturi (Attorney ) to adopt Defendants Gene Moss and the Kinsington Associates' motion to dismiss complaint and motion to strike complaint (Former Deputy Clerk) |
| Filing 74 RESPONSE by Sandra Driscoll in opposition to [68-1] motion to compel expedited discovery with an updated unilateral scheduling report and memo of law (Former Deputy Clerk) |
| Filing 73 RETURN OF SERVICE executed for William Venturi on 4/10/04 Answer due on 4/30/04 for William Venturi (Former Deputy Clerk) |
| Filing 72 RETURN OF SERVICE executed for William Venturi on 4/10/04 Answer due on 4/30/04 for William Venturi (Former Deputy Clerk) |
| Filing 71 MOTION by Gene Moss, Kensington, Michael Hamaway, Mombach Boyle, Edward S. Nekritz (Attorney ) to joind in and adopt Defendants, Ivan J. Smith & Co., Inc. and Nina Lascari's Motion to strike supplemental complaint and, in the alternative Motion to dismiss with supporting memorandum of law (Former Deputy Clerk) |
| Filing 70 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari (Attorney ) to dismiss new amended complaint (Former Deputy Clerk) |
| Filing 69 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari (Attorney ) to strike [35-1] amended complaint , and in the alternative to dismiss supplemental complaint (Former Deputy Clerk) |
| Filing 68 MOTION by Albert Merget (Attorney ) to compel expedited discovery with an updated unilateral scheduling report and memo of law (Former Deputy Clerk) |
| Filing 67 MOTION by Sandra Driscoll (Attorney ) to withdraw [63-1] complaint answer by Sandra Driscoll , and for leave to file motion to dismiss (Former Deputy Clerk) |
| Filing 66 MOTION with memorandum in support by Sandra Driscoll (Attorney ) for protective order (Former Deputy Clerk) |
| Filing 65 NOTICE of attorney appearance for Sandra Driscoll by Franklin Lewis Zemel, Jennifer Nichols Walker (Former Deputy Clerk) |
| Filing 64 MOTION with memorandum in support by Albert Merget (Attorney ) to strike [59-1] motion to dismiss the action, [54-1] motion to dismiss Amended Complaint, [46-1] motion to dismiss complaint, [46-2] motion to strike [1-1] complaint, [40-1] motion to dismiss complaint, [40-2] motion to strike [26-1] amended complaint (Former Deputy Clerk) |
| Filing 63 ANSWER by Sandra Driscoll (Attorney Pro Se no address listed ) to amended complaint (Former Deputy Clerk) |
| Filing 62 AFFIDAVIT with MOTION with memorandum in support by Albert Merget for summary judgment against Kensington Associates, Gene Moss, Edward Nekritz, Resolutions, Inc. Rhonda Hollander, Mombach Boyle & Hardin, Michael Hamaway, Ivan J. Smith Co., Inc. and Nina Lascari (ss, Deputy Clerk) |
| Filing 61 REQUEST by William Robert Leonard (Attorney William Robert Leonard) for a 5 day extension to serve and file his response to amended complaint (ss, Deputy Clerk) |
| Filing 60 RETURN OF SERVICE executed for Mombach Boyle on 3/30/04 Answer due on 4/19/04 for Mombach Boyle (ss, Deputy Clerk) |
| Filing 59 MOTION by Rhonda Hollander to dismiss the action (lk, Deputy Clerk) |
| Filing 58 NOTICE of attorney appearance for Resolutions, Inc., Rhonda Hollander by Rhonda Hollander (lk, Deputy Clerk) |
| Filing 57 MOTION by Albert Merget (pro se ) to amend [35-1] amended complaint (lk, Deputy Clerk) |
| Filing 56 MOTION with memorandum in support by Albert Merget (Attorney ) to compel phase one discovery with sanctions against Attorney Michael Hamaway (Former Deputy Clerk) |
| Filing 55 MOTION with memorandum in support by Gene Moss, Kensington (Attorney ) for sanctions , and for attorney fees (Former Deputy Clerk) |
| Filing 54 MOTION with memorandum in support by Ivan J. Smith & Co., Nina Lascari to dismiss Amended Complaint (gp, Deputy Clerk) |
| Filing 53 RETURN OF SERVICE executed for Edward S. Nekritz on 3/20/04 Answer due on 4/9/04 for Edward S. Nekritz (Former Deputy Clerk) |
| Filing 52 RETURN OF SERVICE executed for Ivan J. Smith & Co. on 3/10/04 Answer due on 3/30/04 for Ivan J. Smith & Co. (Former Deputy Clerk) |
| Filing 51 SUMMONS(ES) issued for Mombach Boyle (Former Deputy Clerk) |
| Filing 50 MOTION with memorandum in support by Gene Moss, Kensington, Edward S. Nekritz, Michael Hamaway, Mombach Boyle (Attorney ) for protective order pursuant to Fed.R.Civ.P. 26(f) (Former Deputy Clerk) |
| Filing 49 MOTION by Gene Moss, Kensington, Edward S. Nekritz, Michael Hamaway, Mombach Boyle (Attorney ) for leave to file unilateral scheduling report, , or alternatively to stay of deadlines to file scheduling report pending service of process on all named defendants , and/or adjudication of pending motions (Former Deputy Clerk) |
| Filing 48 RETURN OF SERVICE executed for Resolutions, Inc. on 3/12/04 Answer due on 4/1/04 for Resolutions, Inc. (Former Deputy Clerk) |
| Filing 47 RETURN OF SERVICE executed for Michael Hamaway on 3/17/04 Answer due on 4/6/04 for Michael Hamaway (Former Deputy Clerk) |
| Filing 46 MOTION with memorandum in support by Edward S. Nekritz, Michael Hamaway, Mombach Boyle (Attorney Michael Patrick Hamaway) to dismiss complaint , and to strike [1-1] complaint (Former Deputy Clerk) |
| Filing 45 RETURN OF SERVICE executed for William Robert Leonard on 3/16/04 Answer due on 4/5/04 for William Robert Leonard (Former Deputy Clerk) |
| Filing 44 RETURN OF SERVICE executed for Sandra Driscoll on 3/17/04 Answer due on 4/6/04 for Sandra Driscoll (Former Deputy Clerk) |
| Filing 43 RETURN OF SERVICE executed for Nina Lascari on 3/17/04 Answer due on 4/6/04 for Nina Lascari (Former Deputy Clerk) |
| Filing 42 MOTION by Albert Merget (Attorney ) for default judgment against Gene Moss, Kensington (Former Deputy Clerk) |
| Filing 41 MOTION by Albert Merget (Attorney ) for removal of County Court Case to US District Court with jury trial required to establish questions of fact (Former Deputy Clerk) |
| Filing 40 MOTION with memorandum in support by Gene Moss, Kensington (Attorney ) to dismiss complaint , and to strike [26-1] amended complaint (Former Deputy Clerk) |
| Filing 39 SUMMONS(ES) issued for Peter Duhaime (ss, Deputy Clerk) |
| Filing 38 SUMMONS(ES) issued for Edward S. Nekritz (ss, Deputy Clerk) |
| Filing 37 SUMMONS(ES) issued for Kensington by serving Sandra Driscoll (ss, Deputy Clerk) |
| Filing 36 SUMMONS(ES) issued for Michael Hamaway (ss, Deputy Clerk) |
| Filing 35 AMENDED COMPLAINT by Albert Merget, (Answer due 3/18/04 for Gene Moss, for Kensington, for Michael Hamaway, for Mombach Boyle, for Tredd Investors, for Resolutions, Inc., for Ivan J. Smith & Co.) amending [26-1] amended complaint (ss, Deputy Clerk) |
| Filing 34 SUMMONS(ES) issued for William Venturi (Former Deputy Clerk) |
| Filing 33 SUMMONS(ES) issued for William Robert Leonard (Former Deputy Clerk) |
| Filing 32 SUMMONS(ES) issued for Ivan J. Smith & Co. (Former Deputy Clerk) |
| Filing 31 SUMMONS(ES) issued for Resolutions, Inc. (Former Deputy Clerk) |
| Filing 30 SUMMONS(ES) issued for Jules Gerson (Former Deputy Clerk) |
| Filing 29 SUMMONS(ES) issued for Rhonda Hollander (Former Deputy Clerk) |
| Filing 28 SUMMONS(ES) issued for Nina Lascari (Former Deputy Clerk) |
| Filing 27 AMENDMENT by Albert Merget to: [26-1] amended complaint (Former Deputy Clerk) |
| Filing 26 AMENDED COMPLAINT by Albert Merget , (Answer due 3/11/04 for Kensington, for Gene Moss ) amending [1-1] complaint adding Jules Gerson, Edward S. Nekritz, Irving Miller, Hal Asch, Robert Blaine, Tredd Investors, Michael Hamaway, Mombach Boyle, Resolutions, Inc., Ivan J. Smith & Co., Nina Lascari, Peter Duhaime, Sandra Driscoll, William Robert Leonard, William Venturi, Rhonda Hollander (Former Deputy Clerk) |
|
Filing 25
ORDER ON PENDING MOTIONS denying [5-1] motion to enjoin defendant's move to split venue denying [9-1] motion for default judgment against Gene Moss, Kensington, denying [9-2] motion for sanctions granting in part, denying in part [14-1] motion to strike complaint or alternatively, dismiss complaint, granting in part, denying in part [14-2] motion for injunction to halt repeated service of process granting [15-1] motion to strike discovery for violation of Local Rule 26.1, or alternatively, motion for protective order pursuant to Fed.R.Civ.P.26(f) denying Plaintiff's motion to disqualify lawyer denying [20-1] motion for sanctions, denying [20-2] motion for attorney fees denying [21-2] motion denying [23-1] motion for judgment on the pleadings FRCP 12(C), FRCP 56(a) & (g) denying [22-1] motion for temporary injunction, denying [22-3] motion to consolidate with case #CACE 04-0313371 pending in the circuit court of appeal for the 17th judicial circuit, in and for broward county, florida granting in part, denying in part [22-2] motion for protective order to end harassment of the plaintiff by the defendant's agent's ( Signed by Judge Kenneth A. Marra on 2/18/04) [EOD Date: 2/19/04] (Former Deputy Clerk)
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| Filing 24 REQUEST for Admissions, designations of expert and witnesses and demand for cpoies of all experts reports and witnesses statements by Albert Merget (Former Deputy Clerk) |
| Filing 23 MOTION by Albert Merget for judgment on the pleadings FRCP 12(C), FRCP 56(a) & (g) (Former Deputy Clerk) |
| Filing 22 MOTION by Albert Merget for temporary injunction , for protective order to end harassment of the plaintiff by the defendant's agent's , and to consolidate with case #CACE 04-0313371 pending in the circuit court of appeal for the 17th judicial circuit, in and for broward county, florida (go, Deputy Clerk) |
| Filing 21 AFFIDAVIT and EXHIBITS by Albert Merget opposed to [20-1] motion for sanctions, [20-2] motion for attorney fees and CROSS-MOTION, and for summary judgment (ss, Deputy Clerk) |
| Filing 20 MOTION with memorandum in support by Gene Moss, Kensington for sanctions , and for attorney fees (lh, Deputy Clerk) |
| Filing 19 CHRONOLOGY & SUMMARY/RESPONSE by Albert Merget in support of [9-1] motion for default judgment against Gene Moss, Kensington and opposed to the motion to strike or dismiss the complaint (lh, Deputy Clerk) |
| Filing 18 MEMORANDUM by Albert Merget in opposition to [14-1] motion to strike complaint or alternatively, dismiss complaint, [14-2] motion for injunction to halt repeated service of process .... (lh, Deputy Clerk) |
| Filing 17 AFFIDAVIT IN OPPOSITION by Albert Merget Re: [14-1] motion to strike complaint or alternatively, dismiss complaint (lh, Deputy Clerk) |
| Filing 16 RETURN OF SERVICE executed for Gene Moss on 6/18/03 Answer due on 7/8/03 for Gene Moss (lh, Deputy Clerk) |
| Filing 15 MOTION with memorandum in support by Gene Moss, Kensington to strike discovery for violation of Local Rule 26.1, or alternatively, motion for protective order pursuant to Fed.R.Civ.P.26(f) (lh, Deputy Clerk) |
| Filing 14 MOTION with memorandum in support by Gene Moss, Kensington to strike complaint or alternatively, dismiss complaint , for injunction to halt repeated service of process (lh, Deputy Clerk) |
| Filing 13 RETURN OF SERVICE executed for Kensington on 6/11/03 Answer due on 7/1/03 for Kensington (lh, Deputy Clerk) |
| Filing 12 RETURN OF SERVICE executed for Kensington on 6/11/03 Answer due on 7/1/03 for Kensington (lh, Deputy Clerk) |
| Filing 11 RETURN OF SERVICE executed for Gene Moss on 6/9/03 Answer due on 6/30/03 for Gene Moss (lh, Deputy Clerk) |
| Filing 10 RETURN OF SERVICE executed for Kensington on 6/11/03 Answer due on 7/1/03 for Kensington (lh, Deputy Clerk) |
| Filing 9 MOTION by Albert Merget for default judgment against Gene Moss, Kensington , and for sanctions (lh, Deputy Clerk) |
| Filing 8 RETURN OF SERVICE executed for Gene Moss on 6/11/03 Answer due on 7/1/03 for Gene Moss (lh, Deputy Clerk) |
| Filing 7 RETURN OF SERVICE executed for Kensington on 6/11/03 Answer due on 7/1/03 for Kensington (lh, Deputy Clerk) |
| Filing 6 AFFIDAVIT by Albert Merget Re: [5-1] motion to enjoin defendant's move to split venue (go, Deputy Clerk) |
| Filing 5 MOTION by Albert Merget to enjoin defendant's move to split venue (go, Deputy Clerk) |
| Filing 4 ACKNOWLEDGEMENT OF SERVICE as to Gene Moss, Kensington 5/16/03 Answer due on 6/5/03 for Kensington, for Gene Moss (lh, Deputy Clerk) |
| Filing 3 SUMMONS(ES) issued for Kensington (cg, Deputy Clerk) |
| Filing 2 SUMMONS(ES) issued for Gene Moss (cg, Deputy Clerk) |
| Filing 1 COMPLAINT filed; FILING FEE $150.00 RECEIPT # 221953 ; Magistrate Judge Seltzer (cg, Deputy Clerk) |
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