Gainor v. Sidley, Austin, Brow Featured Case

Plaintiff alleged that defendant Sidley, Austin, Brown & Wood, LLP committed legal malpractice when it issued a \"more likely than not\" opinion letter to indicate that the deductions arising from a tax saving strategy would be upheld when in fact such strategy should instead have been registered as a potentially abusive tax shelter.

Plaintiff: Mark J. Gainor and Elyse Gainor
Defendant: Sidley, Austin, Brown & Wood, LLP, Mark C. Klopfenstein, R. J. Ruble and Merrill Lynch & Co., Inc.
Counter Defendant: Mark J. Gainor and Elyse Gainor
Counter Claimant: Mark C. Klopfenstein
Case Number: 1:2006cv21748
Filed: July 12, 2006
Court: Florida Southern District Court
Office: Contract: Other Office
County: Miami-Dade
Referring Judge: Stephen T. Brown
Presiding Judge: Jose E. Martinez
Nature of Suit: Defendant
Cause of Action: Diversity
Jury Demanded By: 28:1441 Notice of Removal-Contract Dispute

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
July 1, 2010 312 REPLY to Response to Motion re 307 Plaintiff's MOTION to Compel Defendants to Execute Stipulation for Dismissal or alternativelyMOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,,MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,,MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,, filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
June 21, 2010 311 RESPONSE to Motion re 307 Plaintiff's MOTION to Compel Defendants to Execute Stipulation for Dismissal or alternativelyMOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,,MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,,MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,, and Second Motion for Extension of Time to File Stipulation of Settlement filed by Bryan Holdings, LLC, Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. Replies due by 7/1/2010. (Attachments: # 1 Exhibit A: Settlement Agreement)(Olmedo-Rodriguez, Jennifer)
June 17, 2010 310 REPLY to Response to Motion re 306 Plaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternativelyPlaintiff's MOTION for Extension of Time to File Stipulation for DismissalPlaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternativelyPlaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternatively filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
June 7, 2010 309 RESPONSE to Motion re 306 Plaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternativelyPlaintiff's MOTION for Extension of Time to File Stipulation for DismissalPlaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternativelyPlaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternatively filed by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. Replies due by 6/17/2010. (Morgan, Richard)
June 3, 2010 308 Clerks Notice to Filer re 307 Plaintiff's MOTION to Compel Defendants to Execute Stipulation for Dismissal or alternatively MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,, MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,, MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,,. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (lh)
June 2, 2010 307 Plaintiff's MOTION to Compel Defendants to Execute Stipulation for Dismissal or alternatively ( Responses due by 6/21/2010), MOTION Entry of Order Dismissing Case with Prejudice and Retaiing Jurisdiciton to Enforce Settlement Agreement re 305 Order, Set/Reset Deadlines, Terminate Motions,,, by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Wilkes, Richard) Modified on 6/3/2010 (lh).
May 19, 2010 306 Plaintiff's MOTION for incorporation of settlement agreement into Order of Dismissal re 305 Order, Set/Reset Deadlines, Terminate Motions,,, alternatively, Plaintiff's MOTION for Extension of Time to File Stipulation for Dismissal by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Errata A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Wilkes, Richard)
May 12, 2010 305 Featured Case ORDER on Notice of Settlement and Denying all Pending Motions as Moot re 302 Report of Mediation, 303 Report of Mediation, 301 Notice of Settlement filed by Lucor Partners, Ltd., successor to MJG Partners, LP, Mark J. Gainor, Elyse Gainor, 304 Report of Mediation, ( Notice of Dismissal or a Stipulation of Dismissal due by 5/19/2010.) Signed by Judge Jose E. Martinez on 5/12/2010. (lh)
April 28, 2010 304 REPORT of Mediation Disposition: Settled(tb)
April 26, 2010 303 REPORT of Mediation Disposition: Settled(lbc)
April 26, 2010 302 FINAL REPORT of Mediation Disposition: Settled(Morgan, Richard)
April 26, 2010 301 NOTICE of Settlement by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP (Wilkes, Richard)
April 19, 2010 300 Sealed Document (ebs)
April 19, 2010 299 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Mark C. Klopfenstein re 284 Order on Motion to Compel, (Olmedo-Rodriguez, Jennifer)
April 15, 2010 298 RESPONSE in Opposition re 281 First MOTION to Compel Unconditional Production of Exhibits Used During Michael S. Marx's Deposition and Incorporated Memorandum of Law filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilkes, Richard)
April 15, 2010 297 REPLY to Response to Motion re 267 MOTION to Compel Unconditional Production of Plaintiffs' Expert Report adn For Extension of Time to Exchange Rebuttal Expert Witness Summaries adn Reports filed by Mark C. Klopfenstein. (Olmedo-Rodriguez, Jennifer)
April 9, 2010 296 ENDORSED ORDER denying as moot 283 Motion to Compel. See 295 . Signed by Ch. Magistrate Judge Stephen T. Brown on 4/9/2010. (sly)
April 9, 2010 295 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 283 Plaintiff's MOTION to Compel production of documents by non-party Braver Schimler Pierce Jenner LLP and Memorandum in Support Thereof and Certificate of Compliance with Local Rule 7.1 A.3 of Withdrawal of Motion to Compel Braver to Produce Documents Pusuant to Subpoena (Wilkes, Richard)
April 8, 2010 294 Featured Case ORDER denying 291 Motion to Compel - [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 4/8/2010. (dt)
April 8, 2010 293 Clerks Notice to Filer re 292 First MOTION to Continue Trial and to Extend the Discovery Cutoff, Dispositive Motion Deadline and Other Pretrial Deadlines and Incorporated Memorandum of Law MOTION for Extension of Time to Complete Discovery. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp)
April 7, 2010 292 First MOTION to Continue Trial and to Extend the Discovery Cutoff, Dispositive Motion Deadline and Other Pretrial Deadlines and Incorporated Memorandum of Law by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. Responses due by 4/26/2010 (Morgan, Richard). Added MOTION for Extension of Time to Complete Discovery/File Pretrial Motions and Other Pretrial Dealines on 4/8/2010 (tp).
April 7, 2010 291 Plaintiff's MOTION to Compel Production of Documents by Non-Party Sutherland Asbill & Brennan, LLP and Memorandum in Support Thereof and Certificate of Compliance with Local Rule 7.1 A.3 by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. Responses due by 4/26/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilkes, Richard)
April 5, 2010 290 RESPONSE in Opposition re 267 MOTION to Compel Unconditional Production of Plaintiffs' Expert Report adn For Extension of Time to Exchange Rebuttal Expert Witness Summaries adn Reports filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Wilkes, Richard)
April 5, 2010 289 Featured Case ORDER denying without prejudice 263 Motion for Protective Order - [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 4/5/2010. (dt)
April 5, 2010 288 Clerks Notice to Filer re 285 Notice (Other), Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 287]. It is not necessary to refile this document. (tp)
April 2, 2010 287 NOTICE of Mediator Selection: Gerald T. Wetherington added. (See DE 285 for image)(tp)
April 2, 2010 286 REPLY to Response to Motion re 263 Plaintiff's MOTION for Protective Order and Alternatively for Return of Confidential Documents filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
April 2, 2010 285 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 233 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge,,,,,, of Parties' Selection of Mediator (Wilkes, Richard)
April 1, 2010 284 Featured Case ORDER granting in part and denying in part 262 Motion to Compel - 1. Said motion be and the same is hereby GRANTED as to all responsive documents in the care, custody and control of plaintiffs not designated as confidential and same shall be produced within five (5) days from the date of this order.2. Said motion be and the same is hereby DENIED, in all other respects. Signed by Ch. Magistrate Judge Stephen T. Brown on 4/1/2010. (dt)
March 31, 2010 283 Plaintiff's MOTION to Compel production of documents by non-party Braver Schimler Pierce Jenner LLP and Memorandum in Support Thereof and Certificate of Compliance with Local Rule 7.1 A.3 by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. Responses due by 4/19/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilkes, Richard)
March 29, 2010 282 NOTICE by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation of Pending Motions Pursuant to the Court's October 22, 2009 Scheduling Order (Morgan, Richard)
March 29, 2010 281 First MOTION to Compel Unconditional Production of Exhibits Used During Michael S. Marx's Deposition and Incorporated Memorandum of Law by Mark C. Klopfenstein. Responses due by 4/15/2010 (Morgan, Richard)
March 29, 2010 280 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 233 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge,,,,,, of Discovery and other Pending Motions (Wilkes, Richard)
March 29, 2010 279 SUMMONS (Affidavit) Returned Executed Merrill Lynch & Co., Inc. served on 3/29/2010, answer due 4/19/2010. (lbc)
March 24, 2010 278 ENDORSED ORDER granting 277 Motion for Extension of Time to File Response/Reply re 263 Plaintiff's MOTION for Protective Order and Alternatively for Return of Confidential Documents Replies due by 4/2/2010.. Signed by Ch. Magistrate Judge Stephen T. Brown on 3/24/2010. (sly)
March 24, 2010 277 Plaintiff's MOTION for Extension of Time to File Response/Reply as to 273 Response to Motion, for Protective Order or Alternatively for Entry of an Order of Confidentiality by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order)(Wilkes, Richard)
March 22, 2010 276 RESPONSE/REPLY to 270 Response to Motion,, Amended Reply in Support of his Motion to Compel Plaintiffs to Produce Documents in Connection with FED.R.Civ.P. 26 Initial Disclosures and Discovery Responses by Mark C. Klopfenstein. (Morgan, Richard)
March 22, 2010 275 REPLY to Response to Motion re 262 MOTION to Compel Plaintiffs to Produce Documents In Connection with FED.R.CIV.P.26 Initial Disclosures and Discovery Responses filed by Mark C. Klopfenstein. (Morgan, Richard)
March 19, 2010 274 RESPONSE to Motion re 268 Request for Status Conference and Plaintiffs' Motion for Status Conference filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. Replies due by 3/29/2010. (Attachments: # 1 Exhibit)(Wilkes, Richard)
March 18, 2010 273 RESPONSE to Motion re 263 Plaintiff's MOTION for Protective Order and Alternatively for Return of Confidential Documents and Incorporated Memorandum of Law in Opposition to Plaintiffs' Motion for Protective Order and Alternatively for Return of Confidential Information filed by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, Palladium Investment Corporation. Replies due by 3/29/2010. (Morgan, Richard)
March 18, 2010 272 Featured Case Paperless ORDER granting 271 Motion for Extension of Time to File Response/Reply re 267 MOTION to Compel. Responses due by 4/5/2010. Signed by Judge Jose E. Martinez on 3/17/2010. (afr)
March 17, 2010 271 Plaintiff's MOTION for Extension of Time to File Response/Reply as to 267 MOTION to Compel Unconditional Production of Plaintiffs' Expert Report adn For Extension of Time to Exchange Rebuttal Expert Witness Summaries adn Reports by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order on Unpposed Motion for Extension of Time)(Wilkes, Richard)
March 12, 2010 270 RESPONSE to Motion re 262 MOTION to Compel Plaintiffs to Produce Documents In Connection with FED.R.CIV.P.26 Initial Disclosures and Discovery Responses filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. Replies due by 3/22/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Wilkes, Richard)
March 11, 2010 269 Clerks Notice to Filer re 268 Request for Status Conference. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (tp)
March 10, 2010 268 Request for Status Conference by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, Palladium Investment Corporation (Olmedo-Rodriguez, Jennifer) Modified converted document to motion on 3/11/2010 (tp).
March 10, 2010 267 MOTION to Compel Unconditional Production of Plaintiffs' Expert Report adn For Extension of Time to Exchange Rebuttal Expert Witness Summaries adn Reports by Mark C. Klopfenstein. Responses due by 3/29/2010 (Olmedo-Rodriguez, Jennifer)
March 4, 2010 266 Witness List of Plaintiffs by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP.. (Wilkes, Richard)
March 4, 2010 265 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP of Filing Plaintiffs' Exhibit List (Attachments: # 1 Exhibit Plaintiffs' List of Witnesses)(Wilkes, Richard)
March 3, 2010 264 Witness List by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation.. (Morgan, Richard)
March 1, 2010 263 Plaintiff's MOTION for Protective Order and Alternatively for Return of Confidential Documents by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (composite), # 4 Exhibit D (composite))(Wilkes, Richard)
February 23, 2010 262 MOTION to Compel Plaintiffs to Produce Documents In Connection with FED.R.CIV.P.26 Initial Disclosures and Discovery Responses by Mark C. Klopfenstein. Responses due by 3/12/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morgan, Richard)
February 22, 2010 261 REPLY to Response to Motion re 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit)(Wilkes, Richard)
February 18, 2010 260 Featured Case ORDER GRANTING 258 Motion for Protective Order as to the February 16th date, only, but DENIED in all other respects. Signed by Ch. Magistrate Judge Stephen T. Brown on 2/17/2010. (dt)
February 16, 2010 259 Featured Case Paperless ORDER granting 257 Motion for Extension of Time to Respond re 246 . Replies due by 2/22/2010. Signed by Judge Jose E. Martinez on 2/16/2010. (afr)
February 15, 2010 258 MOTION for Protective Order and Incorporated Memorandum of Law by Mark C. Klopfenstein. (Morgan, Richard)
February 12, 2010 257 Plaintiff's MOTION for Extension of Time to File Reply as to 256 Response in Opposition to Motion, for Sanctions by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order)(Wilkes, Richard)
February 5, 2010 256 RESPONSE in Opposition re 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants filed by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morgan, Richard)
February 4, 2010 255 Featured Case ORDER Denying 219 Appeal of Magistrate Judge Decision to District Court, filed by Mark J. Gainor, Elyse Gainor, and granting in part and denying in part 216 Appeal of Magistrate Judge Decision to District Court filed by Mark J. Gainor, Elyse Gainor. Signed by Judge Jose E. Martinez on 2/4/2010. (tb)
January 29, 2010 254 Featured Case Paperles ORDER granting 253 Motion for Extension of Time to Respond re 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants. Responses due by 2/5/2010. Signed by Judge Jose E. Martinez on 1/29/2010. (afr)
January 28, 2010 253 Unopposed MOTION for Extension of Time to File Response as to 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. (Attachments: # 1 Exhibit A: Text of Proposed Order)(Olmedo-Rodriguez, Jennifer)
January 20, 2010 252 NOTICE by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation re 241 Reply to Response to Motion, of Filing Persuasive Legal Authority in Support of Splitting of Causes of Action Argument Set Forth in Their Reply and Incorporated Memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint (Attachments: # 1 Exhibit A: Legal Authority)(Olmedo-Rodriguez, Jennifer)
January 12, 2010 251 Plaintiff's MOTION to Amend/Correct 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants to Add Inadvertently Omitted Certificate of Compliance by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. Responses due by 1/29/2010 (Wilkes, Richard)
January 11, 2010 250 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 248 Notice (Other), Notice (Other), 249 Affidavit in Support Ex 5 to NOF, exhs C- L (Wilkes, Richard)
January 11, 2010 249 AFFIDAVIT in Support re 248 Notice (Other), Notice (Other) Exhibit 5 and Exs A&B by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
January 11, 2010 248 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 247 Memorandum in Support, 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants OF FILING (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Wilkes, Richard)
January 11, 2010 247 MEMORANDUM in Support re 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
January 11, 2010 246 Plaintiff's MOTION for Sanctions including the Striking of Defendants' Motion to Dismiss for Lack of Jurisdiction, for Spoliation of Evidence against All Defendants by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
December 23, 2009 245 REPLY to Response to Motion re 242 Plaintiff's MOTION to Strike 241 Reply to Response to Motion, portion of reply in support of motion to dismiss MOTION for Leave to File memorandum in response to Defendants' replyPlaintiff's MOTION to Strike 241 Reply to Response to Motion, portion of reply in support of motion to dismiss filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
December 14, 2009 244 RESPONSE in Opposition re 242 Plaintiff's MOTION to Strike 241 Reply to Response to Motion, portion of reply in support of motion to dismiss MOTION for Leave to File memorandum in response to Defendants' replyPlaintiff's MOTION to Strike 241 Reply to Response to Motion, portion of reply in support of motion to dismiss and Incorporated Memorandum of Law filed by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. (Olmedo-Rodriguez, Jennifer)
December 8, 2009 243 NOTICE of Attorney Appearance by Jennifer Olmedo-Rodriguez on behalf of Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation (Olmedo-Rodriguez, Jennifer)
December 7, 2009 242 Plaintiff's MOTION to Strike 241 Reply to Response to Motion, portion of reply in support of motion to dismiss ( Responses due by 12/24/2009), MOTION for Leave to File memorandum in response to Defendants' reply by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order)(Wilkes, Richard)
November 20, 2009 241 REPLY to Response to Motion re 230 MOTION to Dismiss 225 Amended Complaint MOTION to Dismiss 225 Amended Complaint filed by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. (McGovern, Kelly)
November 17, 2009 240 Featured Case Paperless ORDER granting 239 Motion for Extension of Time to Reply. Replies due by 11/20/2009. Signed by Judge Jose E. Martinez on 11/17/2009. (afr)
November 16, 2009 239 First MOTION for Extension of Time to File Reply as to 235 Response in Opposition to Motion, to Dismiss Complaint by Bryan Holdings, LLC, Bryan Ventures, Inc., Mark C. Klopfenstein, LSI Holdings, LLC, Palladium Investment Corporation. (Attachments: # 1 Exhibit A)(Morgan, Richard)
November 5, 2009 238 AFFIDAVIT signed by : Richard Benjamin Wilkes. re 235 Response in Opposition to Motion, Notice of Filing by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Affidavit Declaration of Richard Benjamin Wilkes, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Wilkes, Richard)
November 5, 2009 237 MOTION for Hearing re 235 Response in Opposition to Motion, 230 MOTION to Dismiss 225 Amended Complaint MOTION to Dismiss 225 Amended Complaint Request for Oral Argument by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Wilkes, Richard)
November 5, 2009 236 NOTICE by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP re 235 Response in Opposition to Motion, of Filing Excerpts from the Deposition of Mark Klopfenstein (Wilkes, Richard)
November 5, 2009 235 RESPONSE in Opposition re 230 MOTION to Dismiss 225 Amended Complaint MOTION to Dismiss 225 Amended Complaint filed by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wilkes, Richard)
October 23, 2009 234 Featured Case Paperless ORDER granting 232 Motion for Extension of Time to Respond. Signed by Judge Jose E. Martinez on 10/21/2009. (afr)
October 21, 2009 233 Featured Case ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Trial set for 6/21/2010 before Judge Jose E. Martinez., Calendar Call set for 6/17/2010 01:30 PM in Miami Division before Judge Jose E. Martinez., Amended Pleadings due by 2/11/2010., Discovery due by 4/7/2010., Expert Discovery due by 2/22/2010., Joinder of Parties due by 2/11/2010., In Limine Motions due by 5/24/2010., Dispositive Motions due by 4/12/2010., All Pretrial Motions due by 5/24/2010., Joint Pretrial Stipulation due by 6/1/2010.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 4/2/2010.), ORDER REFERRING CASE to for Discovery Proceedings. Signed by Judge Jose E. Martinez on 10/21/2009. (lh)
October 15, 2009 232 Plaintiff's MOTION for Extension of Time to File Response as to 230 MOTION to Dismiss 225 Amended Complaint MOTION to Dismiss 225 Amended Complaint by Elyse Gainor, Mark J. Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order granting Mtn for Extension)(Wilkes, Richard)
October 14, 2009 231 Featured Case Paperless ORDER granting 228 Motion for Extension of Time to Respond. Defendants' response to Plaintiffs' consolidated amended complaint is accepted as filed. Signed by Judge Jose E. Martinez on 10/13/2009. (afr)
October 6, 2009 230 MOTION to Dismiss 225 Amended Complaint by Mark C. Klopfenstein, Bryan Holdings, LLC, LSI Holdings, LLC, Bryan Ventures, Inc., Palladium Investment Corporation. Responses due by 10/26/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D1, # 5 Exhibit D2, # 6 Exhibit E)(McGovern, Kelly)
September 30, 2009 229 SCHEDULING REPORT - Rule 16.1 by Mark J. Gainor, Elyse Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order Joint Scheduling Order)(Wilkes, Richard)
September 25, 2009 228 First MOTION for Extension of Time to File Response as to 225 Amended Complaint by Mark C. Klopfenstein, Bryan Holdings, LLC, LSI Holdings, LLC, Bryan Ventures, Inc., Palladium Investment Corporation. (Attachments: # 1 Exhibit A)(Morgan, Richard)
September 25, 2009 227 Featured Case Paperless ORDER granting 226 Motion for Extension of Time to File. Signed by Judge Jose E. Martinez on 9/25/2009. (afr)
September 21, 2009 226 Plaintiff's MOTION for Extension of Time to File Joint Scheduling Report (unopposed) by Mark J. Gainor, Elyse Gainor, Lucor Partners, Ltd., successor to MJG Partners, LP. (Attachments: # 1 Text of Proposed Order unopposed motion for extension)(Wilkes, Richard)
September 16, 2009 225 AMENDED COMPLAINT Consolidated, filed by Lucor Partners, Ltd., successor to MJG Partners, LP, Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wilkes, Richard)
September 2, 2009 224 Featured Case ORDER; granting 221 Motion to Consolidate Cases. Signed by Judge Jose E. Martinez on 9/1/2009. (asl)
December 30, 2008 223 REPLY to Response to Motion re 221 Plaintiff's MOTION to Consolidate Cases filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
December 22, 2008 222 RESPONSE in Opposition re 221 Plaintiff's MOTION to Consolidate Cases filed by Mark C. Klopfenstein. (Morgan, Richard)
December 5, 2008 221 Plaintiff's MOTION to Consolidate Cases by Mark J. Gainor, Elyse Gainor. Responses due by 12/22/2008 (Wilkes, Richard)
December 1, 2008 220 RESPONSE/REPLY to Plaintiffs' Objection to and Appeal of Magistrate Judge's Order Denying Motion to Enforce Confidentiality Order filed by Mark C. Klopfenstein. (Morgan, Richard)
November 17, 2008 219 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Mark J. Gainor, Elyse Gainor re 217 Order on Motion to Enforce Judgment (Attachments: # 1 Exhibit Ex 1 - conf order, # 2 Exhibit Ex 2 - letter 041907, # 3 Exhibit Ex 3 - Order 051507)(Wilkes, Richard)
November 12, 2008 218 RESPONSE/REPLY to Plaintiffs' Objection to and Appeal of Magistrate Judge's Order Denying Motion to File Documents Under Seal filed by Mark C. Klopfenstein. (McGovern, Kelly)
November 5, 2008 217 Featured Case ORDER denying 207 Motion to Enforce Judgment. Signed by Magistrate Judge Stephen T. Brown on 11/5/2008. (tp)
November 3, 2008 216 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Mark J. Gainor, Elyse Gainor re 213 Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wilkes, Richard)
October 23, 2008 214 REPLY to Response to Motion re 207 Amended MOTION to Enforce Judgment Confidentiality Order filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
October 23, 2008 213 Featured Case ORDER denying 203 motion to file documents under seal. Signed by Magistrate Judge Stephen T. Brown on 10/17/2008. (ra1)
October 16, 2008 212 RESPONSE in Opposition re 207 Amended MOTION to Enforce Judgment Confidentiality Order filed by Mark C. Klopfenstein. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(McGovern, Kelly)
October 16, 2008 211 Featured Case ORDER denying 200 Motion to Compel [See order for full details]. Signed by Magistrate Judge Stephen T. Brown on 10-16-08. (dt)
October 14, 2008 210 REPLY to Response to Motion re 207 Amended MOTION to Enforce Judgment Confidentiality Order re 205 RESPONSE TO MOTION TO FILE DOCUMENTS UNDER SEAL filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wilkes, Richard)
October 10, 2008 209 Featured Case ENDORSED ORDER granting in part, denying in part 208 Motion to Substitute Plaintiffs' Amended Motion to Enforce Confidentiality Order Against Defendant Mark C. Klopfenstein and His Counsel. The Amended Motion is hereby substituted for the original, and Defendant shall file a new response to the Amended Motion on or before October 16, 2008. Signed by Magistrate Judge Stephen T. Brown on 10/10/08. (lc1)
October 9, 2008 208 Agreed MOTION substitute amended motion to enforce confidentiality order for motion to enforce confidentiality order by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order on Agreed Motion to Substitute Amended Motion to Enforce for Motion to Enforce)(Wilkes, Richard)
October 7, 2008 207 Amended MOTION to Enforce Judgment Confidentiality Order by Mark J. Gainor, Elyse Gainor. Responses due by 10/27/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Wilkes, Richard)
October 7, 2008 206 WITHDRAWAL of Motion by Mark J. Gainor, Elyse Gainor re 201 Plaintiff's MOTION to Enforce Judgment Confidentiality Order Against Defendant Mark C. Klopfenstein And His Counsel filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard)
October 6, 2008 205 RESPONSE/REPLY in Opposition to Plaintiffs' Motion to File Documents Under Seal and Incorporated Memorandum of Law filed by Mark C. Klopfenstein. (McGovern, Kelly)
October 6, 2008 204 RESPONSE in Opposition re 201 Plaintiff's MOTION to Enforce Judgment Confidentiality Order Against Defendant Mark C. Klopfenstein And His Counsel filed by Mark C. Klopfenstein. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(McGovern, Kelly)
September 25, 2008 215 UNSEALED MOTION to file Documents Under Seal with Incorporated Memorandum of Law by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation)(previously filed as 203 sealed document)(ra1)
September 25, 2008 203 Sealed Document. (ra1) UNSEALED see DE 215 . Modified on 10/23/2008 (ra1).
September 24, 2008 202 RESPONSE to Motion re 200 Plaintiff's MOTION to Compel Production of Documents by Defendant Mark C. Klopfenstein filed by Mark C. Klopfenstein. Replies due by 10/6/2008. (McGovern, Kelly)
September 24, 2008 201 Plaintiff's MOTION to Enforce Judgment Confidentiality Order Against Defendant Mark C. Klopfenstein And His Counsel by Mark J. Gainor, Elyse Gainor. Responses due by 10/14/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Wilkes, Richard)
September 8, 2008 200 Plaintiff's MOTION to Compel Production of Documents by Defendant Mark C. Klopfenstein by Mark J. Gainor, Elyse Gainor. Responses due by 9/25/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wilkes, Richard)
September 2, 2008 199 RESPONSE/REPLY to 195 Order Lifting Stay, Order Reopening Case Omnibus Order Regarding Pending Matters filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
August 26, 2008 198 Featured Case FINAL ORDER OF DISMISSAL re 197 Stipulation of Dismissal filed by Mark J. Gainor, Elyse Gainor, Sidley, Austin, Brown & Wood, LLP; Merrill Lynch & Co., Inc. and R. J. Ruble terminated. All pending motions filed by the Plaintiffs with respect to these particular Defendants are denied as moot. Signed by Judge Jose E. Martinez on 8/26/08. (tp)
August 25, 2008 197 STIPULATION of Dismissal of plaintiffs' claims against Sidley, Merrill and Ruble by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting dismissal with prejudice)(Wilkes, Richard)
August 18, 2008 196 Notice of Pendency of Other Action by Mark J. Gainor, Elyse Gainor (Wilkes, Richard)
August 12, 2008 195 Featured Case OMNIBUS ORDER LIFTING STAY, ORDER REOPENING CASE Upon Notice of Partial Settlement 194 . Parties shall file a Notice of Dismissal or a Stipulation of Dismissal by 8/29/08. Signed by Judge Jose E. Martinez on 8/12/08. (tp)
August 11, 2008 194 NOTICE of Settlement Partial - claims against Sidley Austin, Merrill Lynch and R.J. Ruble by Mark J. Gainor, Elyse Gainor (Wilkes, Richard)
April 3, 2008 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order 2008-09 to Magistrate Judge Stephen T. Brown. Judge Ted E. Bandstra no longer assigned to the case. (vp)
October 17, 2007 192 Sealed Document. (per this order, exhibit 14, from 163 sealed document, to be returned to filer) (nt)
October 9, 2007 191 Featured Case CORRECTED ORDER granting in part and denying in part 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by R. J. Ruble,denying as moot 185 motion to extend discovery proceedings for 4 months as to defendant Ruble alone filed by Mark J. Gainor, Elyse Gainor. This case is administravely CLOSED.Signed by Judge Jose E. Martinez on 10/9/07.(lk)
October 5, 2007 190 Featured Case ORDER GRANTING IN PART and DENIED IN PART re 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by R. J. Ruble,, 185 Motion to extend discovery proceedings for 4 months as to defendant Ruble alone filed by Mark J. Gainor, Elyse Gainor. The Clerk is directed to CLOSE this case for administrative purposes only.Signed by Judge Jose E. Martinez on 10/4/07.(lk)
October 2, 2007 189 REPORT AND RECOMMENDATION Recommending (D.E. 68) Defendant, Merrill Lynch & Co. Motion to Dismiss be DENIED. Objections to R&R due by 10/17/2007Signed by Magistrate Judge Ted E. Bandstra on 10-2-2007.(rg)
September 28, 2007 188 RESPONSE to Motion re 181 MOTION to Amend/Correct ,Contingent, for Leave to Add Parties filed by Sidley, Austin, Brown & Wood, LLP. Replies due by 10/5/2007. (Ezell, Katherine)
September 25, 2007 187 Featured Case ORDER granting 186 Motion for Extension of Time to File Signed by Judge Jose E. Martinez on 9/24/2007. (tb)
September 20, 2007 186 Agreed MOTION for Extension of Time to File provide expert witness report to Merrill Lynch by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order)(Wilkes, Richard)
September 20, 2007 185 RESPONSE to 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit composite A# 2 Exhibit B# 3 Exhibit C)(Wilkes, Richard)
September 20, 2007 184 RESPONSE Defendant Sidley Austin LLP's Response to R.J. Ruble's Motion to Stay filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 18, 2007 Motion [DE 179] Hearing set for 10/18/2007 09:30 AM in Miami Division before Judge Jose E. Martinez. (lk)
September 18, 2007 183 Featured Case ORDER granting 179 Motion for Hearing on defendants Sidley Austin LLP's motion for partial summary judgment on damages [DE 179].Signed by Judge Jose E. Martinez on 9/17/07. (lk)
September 14, 2007 182 RESPONSE Joining in Defendant Sidley Austin's Request for Oral Argument on Sidley's Motion for Partial Summary Judgment on Damages, or in the alternative, Motion for Leave to File Response to Sidley's Reply filed by Mark J. Gainor. (Wilkes, Richard)
September 14, 2007 181 MOTION to Amend/Correct ,Contingent, for Leave to Add Parties by Mark J. Gainor. Responses due by 9/28/2007 (Wilkes, Richard)
September 10, 2007 Case Reopened. (lk)
September 10, 2007 180 Sealed Document. (vjk)
September 7, 2007 179 Defendant's MOTION for Hearing re 113 Statement,, 175 Response (Other), Response (Other) Defendant Sidley Austin LLP's Request for Oral Argument on Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 7, 2007 178 RESPONSE to 160 Memorandum in Opposition, 177 Response (Other) Declaration of Aaron M. May in Support of Defendant Sidley Austin LLP's Response to Plaintiffs' Statement of Facts filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 7, 2007 177 RESPONSE to 160 Memorandum in Opposition Defendant Sidely Austin LLP's Response to Plaintiffs' Statement of Facts filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 7, 2007 176 REPLY to Response to Motion re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages Defendant Sidley Austin LLP's Objections to Plaintiffs' Evidence Submitted in Opposition to Partial Summary Judgment filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 7, 2007 175 RESPONSE to 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages Defendant Sidley Austin LLP's Reply in Support of its Motion for Partial Summary Judgment on Damages filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
September 6, 2007 174 Featured Case FINAL ORDER OF DISMISSAL WITH PREJUDICE AND ORDER DENYING ALL PENDING MOTIONS AS MOOT as to Defendants Arthur Andersen, LLP, Michael S. Marx, P.Anthony Nissley. Signed by Judge Jose E. Martinez on 9/5/07.(lk) Modified on 9/10/2007 (lk).
September 6, 2007 173 Featured Case ORDER granting 170 Motion for Extension of Time to Response re 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial. Responses due by 9/20/2007.Signed by Judge Jose E. Martinez on 9/5/07. (lk)
September 5, 2007 172 Featured Case ORDER denying as moot 93 Motion to Compel, granting 95 Motion to Compel, denying 102 Motion to Compel Signed by Magistrate Judge Ted E. Bandstra on 9/5/2007. (rg)
September 5, 2007 171 NOTICE of Voluntary Dismissal with Prejudice of Plaintiffs' Claims Against Arthur Andersen Defendants by Mark J. Gainor, Elyse Gainor (Attachments: # 1 Text of Proposed Order on Notice of Dismissal AA Defendants)(Wilkes, Richard)
September 4, 2007 170 Defendant's MOTION for Extension of Time to File Response Sidley Austin's Unopposed Motion for Enlargement of Time to Respond to R.J. Ruble's Motion to Stay by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order on Sidley Austin's Unopposed Motion for Enlargement of Time to Respond to R.J. Ruble's Motion to Stay)(Ezell, Katherine)
September 4, 2007 169 NOTICE by Mark J. Gainor, Elyse Gainor of Filing Exhibit 14 to Declaration of Richard Candelora (Attachments: # 1 Exhibit 14)(Wilkes, Richard)
August 29, 2007 168 Plaintiff's MOTION for Extension of Time to File Response to R.J. Ruble's Motion to Stay by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order on motion for extension)(Wilkes, Richard)
August 29, 2007 167 Featured Case ORDER in re 164 Notice of Settlement filed by Arthur Andersen, LLP, Mark J. Gainor, Michael S. Marx, P. Anthony Nissley, Elyse Gainor. All pending motions involving plaintiffs and Andersen defendants are DENIED AS MOOT. Signed by Judge Jose E. Martinez on 8/28/07.(lk)
August 27, 2007 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial by R. J. Ruble. Responses due by 9/11/2007 (Jung, William)
August 24, 2007 165 Featured Case ORDER granting 158 Motion for Extension of Time to Reply in suppor of its motion for partial summary judgment, Signed by Judge Jose E. Martinez on 8/24/07. (lk)
August 24, 2007 164 NOTICE of Settlement Joint Notice of Settlement of Claims Against Arthur Andersen LLP, Michael S. Marx and P. Anthony Nissley by Mark J. Gainor, Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley, Elyse Gainor (Austin, Michael)
August 24, 2007 163 Sealed Document. (ra)
August 23, 2007 162 NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Mark Gainor (Attachments: # 1 Affidavit of Mark Gainor)(Wilkes, Richard)
August 23, 2007 161 DECLARATION OF TAKING of Richard Candelora in Opposition to Sidley Austin's Motion for Partial Summary Judgment by Mark J. Gainor, Elyse Gainor.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3-14)(Wilkes, Richard)
August 23, 2007 160 MEMORANDUM in Opposition re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
August 22, 2007 159 NOTICE by Mark J. Gainor, Elyse Gainor of Filing second Affidavit of Compliance regarding service on R.J. Ruble (Attachments: # 1 Affidavit of Compliance)(Wilkes, Richard)
August 22, 2007 158 Defendant's MOTION for Extension of Time to File Reply Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Reply to Plaintiffs' Opposition to Defendant Sidley Austin's Motion for Partial Summary Judgment and Certificate of Compliance with Local Rule 7.1.A.3 by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Reply to Plaintiffs' Opposition to Sidley Austin's Motion for Partial Summary Judgment on Damages)(Ezell, Katherine)
August 21, 2007 157 Notice of Docket Correction: re 128 Notice (Other) filed by Mark J. Gainor,, Elyse Gainor,, 137 Notice (Other) filed by Mark J. Gainor,, Elyse Gainor, 154 Notice (Other) filed by Mark J. Gainor,, Elyse Gainor,Error: Wrong Event Selected; Corrected As 156 Acknowledgment of Service, filed by Mark J. Gainor, Elyse Gainor. In the future, please the filing event Acknowledgment, Certificate or Affidavit of Service found under "Service of Process". (gw)
August 21, 2007 156 ACKNOWLEDGEMENT OF SERVICE Executed for R.J. Ruble through the Flrodia Department of State Acknowledgement filed by Mark J. Gainor, Elyse Gainor.(Attachments: # 1 copy of service upon DOS from DE #128 and (2) copy of affidavit re:service from DE # 137). Re-docketed using 128 , 137 and 154 .(gw) Modified on 8/21/2007 to change the DE#'s on the attachments.(gw).
August 20, 2007 155 REPLY to Response to Motion re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
August 20, 2007 154 NOTICE by Mark J. Gainor, Elyse Gainor of Filing regarding service on R.J. Ruble (Attachments: # 1 Certified mail receipt and DOS acceptance of service)(Wilkes, Richard)
August 17, 2007 153 Second Amended ANSWER to Amended Complaint and Demand for Jury Trial by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine)
August 16, 2007 152 Featured Case ORDER DENYING AS MOOT re 131 Sealed Document.Signed by Judge Jose E. Martinez on 8/15/07.(lk)
August 14, 2007 151 Notice of Docket Correction: re 148 Order on Motion for Partial Summary Judgment Error: Incorrect Document Link; Redocketed and linked to proper motion, [DE 142]. (lk)
August 14, 2007 150 Featured Case ORDER granting 142 Motion for Extension of Time to file response to [DE 112] motion for partial summary judgment. Signed by Judge Jose E. Martinez on 8/9/07. (lk)
August 13, 2007 149 RESPONSE in Opposition re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
August 13, 2007 148 Featured Case ORDER granting 112 Motion for Partial Summary Judgment until 8/23/07.Signed by Judge Jose E. Martinez on 8/9/07. (lk)
August 10, 2007 147 NOTICE by Sidley, Austin, Brown & Wood, LLP Notice of Filing (Attachments: # 1 Exhibit "G"# 2 Exhibit "Z"# 3 Exhibit "AA"# 4 Exhibit "BB"# 5 Exhibit "EE"# 6 Exhibit "FF")(Ezell, Katherine)
August 10, 2007 146 Sealed Document. (ra)
August 10, 2007 145 NOTICE of Attorney Appearance by William Frederic Jung on behalf of R. J. Ruble (Jung, William)
August 9, 2007 144 Featured Case ORDER granting 143 Motion for Extension of Time to Reply re 143 Agreed MOTION for Extension of Time to File Reply Arthur Andersen LLP's, Marx's and Nissley's Agreed Motion for Additional Time to File Replies in Support of their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel
August 8, 2007 143 Agreed MOTION for Extension of Time to File Reply Arthur Andersen LLP's, Marx's and Nissley's Agreed Motion for Additional Time to File Replies in Support of their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel by Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (Attachments: # 1 Text of Proposed Order)(Austin, Michael)
August 8, 2007 142 MOTION for Extension of Time to File Response as to 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting unopposed motion for extension of time to respond to Sidley's motion for partial summary judgment on damages)(Wilkes, Richard)
August 8, 2007 141 Featured Case ORDER GRANTING 135 Stipulation,, filed by Sidley, Austin, Brown & Wood, LLP, WITHDRAWING 89 MOTION to Strike 82 Answer to Amended Complaint Portions filed by Mark J. Gainor,, Elyse Gainor, Signed by Judge Jose E. Martinez on 8/7/07.(lk)
August 8, 2007 140 Notice of Docket Correction: re 139 Notice (Other) filed by Mark J. Gainor, Elyse Gainor. Attorney has been added to the case,however, he will not recieve notification via e-mail becuase no e-mail address was given on the Notice of Apperance. You may add the e-mail address under "Maintain User's Account". In the future, please add the attorney to the case as promoted by the system when filing a Notice of Appearance. Your cooperation in matter is greatly appreciated. (gw)
August 7, 2007 139 NOTICE by Mark J. Gainor, Elyse Gainor of Appearance by Richard Gilbert of de la Parte & Gilbert as co-counsel for Plaintiffs (Wilkes, Richard)
August 7, 2007 138 NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Compliance regarding service on R.J. Ruble (Attachments: # 1 Affidavit of Compliance regarding service on R.J. Ruble)(Wilkes, Richard)
August 6, 2007 137 NOTICE by Mark J. Gainor, Elyse Gainor, Elyse Gainor of Service (Attachments: # 1 Attachment 1 - Alias Summons Ruble# 2 Attachment 2 - Amended Complaint)(Wilkes, Richard)
August 6, 2007 136 REPLY to Response to Motion re 95 Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard)
August 6, 2007 135 STIPULATION re 89 MOTION to Strike 82 Answer to Amended Complaint Portions Joint Stipulation to Withdraw Plaintiffs' Motion to Strike Portions of Defendant Sidley Austin LLP's Amended Answer, Filed On July 5, 2007; and to Amend Sidley Austin LLP's Amended Answer by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Joint Stipulation to Withdraw Plaintiffs' Motion to Strike Portions of Defendant Sidley Austin LLP's Amended Answer, Filed on July 5, 2007; and to Amend Sidley Austin LLP's Amended Answer)(Ezell, Katherine)
August 3, 2007 134 Sealed Document. (ra)
August 3, 2007 133 Sealed Document. (ra)
August 3, 2007 132 ALIAS Summons Issued as to R. J. Ruble. (lk)
August 3, 2007 131 Sealed Document. (vjk)
August 3, 2007 130 Notice of Compliance: removed exhibit images re 114 Declaration of Taking per 129 Order on Motion to Amend/Correct (tb)
August 3, 2007 SYSTEM ENTRY - 114-21, 114-13, 114-28, 114-8, 114-27, 114-7, 114-17, 114-29, 114-33, 114-18, 114-3, 114-32, 114-12, 114-6, filed on ,, deleted by (tb)
August 2, 2007 129 Featured Case ORDER granting 123 Motion to remove scanned images. Signed by Judge Adalberto Jordan on 7/31?07. (lk)
August 2, 2007 128 NOTICE by Mark J. Gainor, Elyse Gainor of Filing (Attachments: # 1 Affidavit of Due Diligence re: service attempts on Ruble)(Wilkes, Richard)
August 1, 2007 127 REPLY to Response to Motion re 89 MOTION to Strike 82 Answer to Amended Complaint Portions filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
August 1, 2007 126 Notice of Docket Correction: re 125 filed by Mark J. Gainor,, Elyse Gainor, Error: Sealed Pleading Filed; Correction: image deleted (yc)
August 1, 2007 SYSTEM ENTRY - 125-2, Document 125, filed on 08/01/2007,, deleted by (yc)
August 1, 2007 125 Document should have been filed under seal, image removed. Additional attachment(s) added on 8/1/2007 (yc).
July 30, 2007 124 NOTICE by Merrill Lynch & Co., Inc. of Filing Exhibit A to Response to Plaintiffs' Motion to Compel Compliance with Rule 26(a) (Stern, Coren)
July 30, 2007 123 Amended MOTION to Amend/Correct 116 Unopposed MOTION to Amend/Correct Remove Scanned Images Defendant Sidley Austin LLP's Amended Unopposed Motion to Remove Scanned Images Adding Exhibit "BB" by Sidley, Austin, Brown & Wood, LLP. Responses due by 8/13/2007 (Attachments: # 1 Text of Proposed Order Amended Order Granting Defendant Sidley Austin LLP's Unopposed Motion to Remove Scanned Images Adding Exhibit "BB")(Ezell, Katherine)
July 30, 2007 122 RESPONSE to Motion re 95 Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) filed by Merrill Lynch & Co., Inc.. Replies due by 8/6/2007. (Stern, Coren)
July 30, 2007 121 MEMORANDUM in Opposition re 79 Sealed Document, 80 Sealed Document, 81 Sealed Document to Arthur Andersen's Motion to Dismiss filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard)
July 30, 2007 120 MEMORANDUM in Opposition re 66 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support re: P. Anthony Nissley filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 30, 2007 119 MEMORANDUM in Opposition re 67 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support re: Michael S. Marx filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 30, 2007 118 Notice of Docket Correction: per Order 117 removed image from 99 Notice (bs)
July 30, 2007 SYSTEM ENTRY - Document 99, filed on 07/11/2007,, deleted by (bs)
July 30, 2007 SYSTEM ENTRY - 99-2, filed on ,, deleted by (bs)
July 30, 2007 117 Featured Case AMENDED ORDER granting in part and denying in part 92 Plaintiff's MOTION for Leave to File ; Clerk is directed to remove the affidavit to 99 Notice ; Signed by Judge Adalberto Jordan on 07/26/2007.(bs)
July 27, 2007 Reset Deadline as to 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin. Responses due by 8/13/2007 (dm)
July 27, 2007 116 Unopposed MOTION to Amend/Correct Remove Scanned Images by Sidley, Austin, Brown & Wood, LLP. Responses due by 8/10/2007 (Ezell, Katherine)
July 27, 2007 115 Featured Case ORDER granting 109 Motion for Extension of Time to Response re 109 Unopposed MOTION for Extension of Time to File Response as to 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Re Replies due by 8/13/2007.Signed by Magistrate Judge Ted E. Bandstra on 7-27-2007. (rg)
July 26, 2007 114 DECLARATION OF TAKING of Declaration of Gabriel P. Sanchez in Support of Defendant Sidley Austin LLP's Motion for Partial Summary Judgment by Sidley, Austin, Brown & Wood, LLP.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Exhibit Exhibit Q# 18 Exhibit Exhibit R# 19 Exhibit Exhibit S# 20 Exhibit Exhibit T# 21 Exhibit Exhibit U# 22 Exhibit Exhibit V# 23 Exhibit Exhibit W# 24 Exhibit Exhibit X# 25 Exhibit Exhibit Y# 26 Exhibit Exhibit Z# 27 Exhibit Exhibit AA# 28 Exhibit Exhibit BB# 29 Exhibit Exhibit CC# 30 Exhibit Exhibit DD# 31 Errata Exhibit EE# 32 Exhibit Exhibit FF)(Ezell, Katherine) Additional attachment(s) added on 8/3/2007 (tb).
July 26, 2007 113 Statement of: Undisputed Material Facts in Support of its Motion for Partial Summary Judgment Defendant Sidley Austin LLP's Separate Statement of Undisputed Material Facts in Support of its Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages. (Ezell, Katherine)
July 26, 2007 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order)(Ezell, Katherine)
July 26, 2007 111 Featured Case ORDER granting 104 Motion for Extension of Time to Response re 104 MOTION for Extension of Time to File Reply In Support of Their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel Replies due by 8/8/2007.Signed by Magistrate Judge Ted E. Bandstra on 7-26-2007. (rg)
July 25, 2007 110 Featured Case ORDER granting in part and denying in part 92 Motion for Leave to File documents UNDER SEAL.Signed by Judge Jose E. Martinez on 7/25/07. (lk)
July 25, 2007 109 Unopposed MOTION for Extension of Time to File Response as to 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Motion to Compel Full and Complete Responses to Discovery From Defendant Sidley Austin Brown & Wood by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order granting unopposed motion to respond)(Ezell, Katherine)
July 23, 2007 108 MEMORANDUM in Support re 100 Memorandum of Law, 68 MOTION to Dismiss 40 Amended Complaint filed by Merrill Lynch & Co., Inc.. (Stern, Coren)
July 23, 2007 107 Featured Case ORDER granting 105 Motion to Appear Pro Hac Vice-Jocelyn D. Francoeur. Signed by Judge Adalberto Jordan on 7/20/07. (lk)
July 19, 2007 106 RESPONSE in Opposition re 89 MOTION to Strike 82 Answer to Amended Complaint Portions Defendant Sidley Austin LLP's Opposition to Plaintiffs' Motion to Strike Portions of Sidley Austin's Answer filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine)
July 18, 2007 105 MOTION for Jocelyn D. Francoeur, Esq. to Appear Pro Hac Vice on Behalf of Defendants Arthur Andersen LLP, Michael S. Marx and P. Anthony Nissley, Filing Fee $75, Receipt #963361. (cw)
July 18, 2007 104 MOTION for Extension of Time to File Reply In Support of Their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel by Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (Attachments: # 1 Text of Proposed Order)(Austin, Michael)
July 16, 2007 103 MEMORANDUM in Support re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 16, 2007 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin by Mark J. Gainor, Elyse Gainor. Responses due by 7/30/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Text of Proposed Order on Motion to Compel responses to discovery from Sidley)(Wilkes, Richard)
July 13, 2007 101 Notice of Instruction to Filer re 100 Memorandum of Law filed by Mark J. Gainor,, Elyse Gainor. In the future, please use the filing event "Memorandum in Opposition" which will allow you to link to the motion you are opposing. Your cooperation in this matter is greatly appreciated. (gw)
July 12, 2007 100 MEMORANDUM OF LAW in Opposition to Merrill Lynch & Co., Inc.'s Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 11, 2007 99 NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Mark Gainor (Attachments: # 1 Exhibit A)(Wilkes, Richard) Additional attachment(s) added on 7/30/2007 (bs). Additional attachment(s) added on 7/30/2007 (bs).
July 11, 2007 98 MEMORANDUM OF LAW in Opposition to Nissley's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 11, 2007 97 MEMORANDUM OF LAW in Opposition to Marx' Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 11, 2007 96 MEMORANDUM OF LAW in Support of Motion to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 11, 2007 95 Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) by Mark J. Gainor, Elyse Gainor. Responses due by 7/25/2007 (Attachments: # 1 Exhibit A-B# 2 Text of Proposed Order on Motion to Compel AA and Merrill Lynch to comply with Rule 26(a))(Wilkes, Richard)
July 11, 2007 94 MEMORANDUM OF LAW in Support of Motion to Compel AA, Marx and Nissley to respond to request for production and deposition dates by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
July 11, 2007 93 Plaintiff's MOTION to Compel responses to request for production and deposition dates of AA, Marx and Nissley by Mark J. Gainor, Elyse Gainor. Responses due by 7/25/2007 (Attachments: # 1 Exhibit A-C# 2 Text of Proposed Order on Motion to Compel AA, Marx and Nissley)(Wilkes, Richard)
July 11, 2007 92 Plaintiff's MOTION for Leave to File Response Memoranda and Supporting Affidavit by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order Motion to File Under Seal)(Wilkes, Richard)
July 11, 2007 91 MEMORANDUM OF LAW in Opposition to Arthur Andersen's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard)
July 10, 2007 90 Featured Case ORDER granting in part and denying in part 88 Motion for Extension of Time to serve defendant R.J. Ruble. Signed by Judge Jordan for Judge Jose E. Martinez on 7/9/07. (lk)
July 5, 2007 89 MOTION to Strike 82 Answer to Amended Complaint Portions by Mark J. Gainor, Elyse Gainor. Responses due by 7/19/2007 (Wilkes, Richard)
July 5, 2007 88 MOTION for Extension of Time to File Serve Defendant, R.J. Ruble by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order on motion for extension of time to serve Defendant, R.J. Ruble)(Wilkes, Richard)
July 3, 2007 87 Featured Case ORDER granting 72 Motion for Extension of Time to Amend its answer as of right. Signed by Judge Jose E. Martinez on 7/3/07. (lk)
July 3, 2007 86 Featured Case ORDER granting 83 Motion for Extension of Time to Response re 68 MOTION to Dismiss 40 Amended Complaint, 66 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support, 67 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support Responses due by 7/11/2007 Replies due by 7/25/2007.Signed by Judge Alan S. Gold for Judge Martinez on 7/2/07. (lk)
June 27, 2007 85 Featured Case ORDER granting motion to file motion to dismiss and supporting documents under seal until this case is closed re 79 Sealed Document, 80 Sealed Document, 81 Sealed Document.Signed by Judge Jose E. Martinez on 6/21/07.(nt)
June 27, 2007 84 Featured Case ORDER REFERRING MOTION to Magistrate Judge Ted E. Bandstra 68 MOTION to Dismiss 40 Amended Complaint filed by Merrill Lynch & Co., Inc., Signed by Judge Jordan for Judge Jose E. Martinez on 6/26/07.(lk)
June 26, 2007 83 Agreed MOTION for Extension of Time to File Response to Arthur Andersen's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1)(Wilkes, Richard)
June 14, 2007 82 Amended ANSWER to Amended Complaint and Demand For Jury Trial by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine)
June 14, 2007 78 Featured Case ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for consent matters. Signed by Judge Jose E. Martinez on 6/13/07.(gw)
June 14, 2007 77 Featured Case ORDER granting 74 Motion for Extension of Time to Response to re 68 MOTION to Dismiss 40 Amended Complaint. Responses due by 7/12/2007Signed by Judge Jose E. Martinez on 6/13/07. (gw)
June 13, 2007 81 Sealed Document. (jc)
June 13, 2007 80 Sealed Document. (jc)
June 13, 2007 79 Sealed Document. (jc)
June 13, 2007 76 Featured Case ORDER SETTING CIVIL TRIAL DATE & PRETRIAL SCHEDULE: Jury Trial set for 1/22/2008 09:30 AM in Miami Division before Judge Jose E. Martinez. Calendar Call set for 1/17/2008 01:30 PM in Miami Division before Judge Jose E. Martinez.Signed by Judge Jose E. Martinez on 6/13/2007.(wh)
June 11, 2007 75 RESPONSE Reply and Defenses to Counterclaim filed by Mark J. Gainor, Elyse Gainor, Mark J. Gainor, Elyse Gainor. (Wilkes, Richard)
June 11, 2007 74 MOTION for Extension of Time to File Response to Merrill Lynch & Co., Inc.'s motion to dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting extension of time)(Wilkes, Richard)
June 5, 2007 73 Featured Case ORDER granting 70 Motion For Douglas E. Whitney to Appear Pro Hac Vice. Signed by Judge Jose E. Martinez on 6/5/07. (gw)
May 31, 2007 72 Defendant's MOTION for Extension of Time to Amend 58 Answer to Complaint As of Right and Certification Pursuant to S.D.L.R. 7.1.A.3 by Sidley, Austin, Brown & Wood, LLP. Responses due by 6/14/2007 (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Ezell, Katherine)
May 31, 2007 71 MOTION for Extension of Time to File Response to Marx and Nissley's Motions to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting enlargement of time)(Wilkes, Richard)
May 30, 2007 70 MOTION for Douglas E. Whitney, Esq. to Appear Pro Hac Vice on Behalf of Defendants Arthur Andersen LLP, David S. Marx and P. Anthony Nissley, Filing Fee $75, Receipt #960505. (cw)
May 29, 2007 69 REPORT of Mediation Disposition: impasse(tb)
May 29, 2007 68 MOTION to Dismiss 40 Amended Complaint by Merrill Lynch & Co., Inc.. Responses due by 6/12/2007 (Stern, Coren)
May 22, 2007 67 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support by Michael S. Marx. Responses due by 6/6/2007 (Attachments: # 1 Exhibit 1)(Austin, Michael)
May 22, 2007 66 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support by P. Anthony Nissley. Responses due by 6/6/2007 (Attachments: # 1 Exhibit 1)(Austin, Michael)
May 22, 2007 65 Unopposed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order Granting Enlargement)(Stern, Coren)
May 22, 2007 64 SCHEDULING REPORT- Rule 26(f). (Attachments: # 1 Exhibit A - Pretrial Deadlines and Trial Date# 2 Exhibit B - Election to Jurisdiction by a US Magistrate Judge# 3 Text of Proposed Order Joint Proposed Scheduling Order)(Wilkes, Richard)
May 22, 2007 63 ANSWER to Amended Complaint, First COUNTERCLAIM against Mark J. Gainor, Elyse Gainor by Mark C. Klopfenstein.(Morgan, Richard)
May 21, 2007 62 First MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint by Arthur Andersen, LLP. (Attachments: # 1 Exhibit Proposed Order Granting Defendant's Motion for Enlargement of Time to Respond to Plaintiff's Amended Complaint)(Austin, Michael)
May 16, 2007 61 Featured Case ORDER granting 55 Motion to Appear Pro Hac Vice Signed by Judge Jose E. Martinez on 5/15/07. (gw)
May 15, 2007 60 Featured Case ORDER granting 57 Motion for Extension of Time to Answer Merrill Lynch & Co., Inc. Answer due 5/22/2007. Signed by Judge Jose E. Martinez on 5/15/07. (gw)
May 15, 2007 59 Featured Case ORDER granting 56 Motion. Signed by Judge Jose E. Martinez on 5/15/07. (gw)
May 11, 2007 58 Answer to Amended Complaint and Demand for Jury Trial ANSWER to Complaint with Jury Demand by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine)
May 11, 2007 57 Agreed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion for Enlargement)(Stern, Coren)
May 11, 2007 56 Agreed MOTION allowing exception to order requiring parties to meet in person by Mark J. Gainor. (Attachments: # 1 Text of Proposed Order Order granting motion to allow exception to order requiring parties to meet in person)(Wilkes, Richard)
May 2, 2007 55 Defendant Mark C. Klopfenstein's MOTION for Admission Pro Hac Vice of Stephen J. Anderson, Filing Fee $75, Receipt #958891. (cw)
May 1, 2007 54 First MOTION for Extension of Time to File Response/Reply as to 40 Amended Complaint by Mark C. Klopfenstein. (Morgan, Richard)
May 1, 2007 53 Featured Case ORDER granting 52 Motion for Joinder Signed by Magistrate Judge Ted E. Bandstra on 4-30-2007. (rg)
April 25, 2007 52 MOTION for Joinder by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Joinder)(Stern, Coren)
April 16, 2007 51 Featured Case ORDER granting 48 Motion for Extension of Time to Answer re 40 Amended Complaint Merrill Lynch & Co., Inc. Answer due 5/11/2007. Signed by Judge Jose E. Martinez on 4/16/07. (lk)
April 16, 2007 50 Featured Case ORDER granting 49 UNOPPOSED Motion for Extension of Time to Answer in re 40 Amended Complaint Sidley, Austin, Brown & Wood, LLP. Answer due 5/11/2007. Signed by Judge Jose E. Martinez on 4/16/07. (lk)
April 13, 2007 49 Defendant's MOTION for Extension of Time to File Answer re 40 Amended Complaint (Unopposed) by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Defendant Sidley's Motion for Enlargement of Time)(Ezell, Katherine)
April 12, 2007 48 Unopposed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion for Enlargement)(Stern, Coren)
April 5, 2007 47 Summons Issued as to Mark C. Klopfenstein. (pa)
March 22, 2007 46 Featured Case ORDER granting 43 Motion to Vacate pretrial and trial deadlines, and motion to extend time to comply with Order requiring parties to meet and file a joint scheduling report within 30 days or on or before 3/22/07.Signed by Judge Jose E. Martinez on 3/22/07. (lk)
March 20, 2007 45 Summons Issued as to Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (pa)
March 15, 2007 44 Summons Issued as to Merrill Lynch & Co., Inc., R. J. Ruble. (pa)
March 15, 2007 43 Joint MOTION to Vacate Joint Motion of Plaintiff Mark J. Gainor and Defendant Sidley Austin L.L.P. to Vacate Current Pretrial Schedule in Light of the Filing of Plaintiffs' Amended Complaint and Agreed Motion for Enlargement of Time for Sidley Austin LLP to Respond to Amended Complaint by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP. Responses due by 3/29/2007 (Attachments: # 1 Text of Proposed Order)(Ezell, Katherine)
March 13, 2007 42 Featured Case ORDER denying as moot 20 Motion for Leave to File. Signed by Judge Jose E. Martinez on 3/13/07 (lk)
March 13, 2007 41 Featured Case ORDER granting 32 Motion to Appear Pro Hac Vice.Signed by Judge Jose E. Martinez on 3/13/07 (lk)
March 7, 2007 40 AMENDED COMPLAINT against Arthur Andersen, LLP, Mark C. Klopfenstein, Michael S. Marx, Merrill Lynch & Co., Inc., P. Anthony Nissley, R. J. Ruble, Sidley, Austin, Brown & Wood, LLP, filed by Mark J. Gainor.(bs)
March 7, 2007 39 Featured Case ORDER granting 37 Motion for Leave to File Amended Complaint;Signed by Judge Jose E. Martinez on 03/07/2007 (bs)
March 2, 2007 38 MEMORANDUM OF LAW in Support of Motion for Leave to Amend Complaint by Mark J. Gainor. (Wilkes, Richard)
March 2, 2007 37 Plaintiff's MOTION for Leave to File Amended Complaint by Mark J. Gainor. (Attachments: # 1 Amended Complaint# 2 Order proposed granting motion for leave to amend complaint)(Wilkes, Richard)
March 1, 2007 36 Featured Case ORDER APPROVING STIPULATION TO WITHDRAW. Signed by Judge Ted E. Bandstra on 3-1-2007 (rg)
February 27, 2007 35 STIPULATION re 34 MOTION to Quash MOTION for Protective Order Joint Stipulation to Withdraw Rachlin Cohen & Holtz LLP's Motion to Quash, Motion for Protective Order Filed February 9, 2007 by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Joint Stipulation to Withdraw Rachlin Cohen & Holtz LLP's Motion to Quash, Motion for Protective Order)(Ezell, Katherine)
February 9, 2007 34 MOTION to Quash, MOTION for Protective Order by Rachlin Cohen & Holtz, L.L.P.. (Attachments: # 1 Exhibit Exhibit "A" to Motion to Quash)(Mandell, Lee)
February 9, 2007 33 NOTICE by Sidley, Austin, Brown & Wood, LLP Defendant Sidley Austin LLP's Notification of 90 Days Expiring (Ezell, Katherine)
January 11, 2007 32 MOTION to Appear Pro Hac Vice for Attorney Gabriel P. Sanchez, Filing Fee $75, Receipt #952902. (cw)
January 4, 2007 31 Featured Case ORDER GRANTING (D.E. 30)DEFENDANTS REQ. FOR ELECTRONIC SERVICE ON PRO HAC VICE COUNSEL THRU CM/ECF SYSTEM. Signed by Judge Ted E. Bandstra on 01-04-2007. (rg)
December 21, 2006 30 NOTICE by Sidley, Austin, Brown & Wood, LLP Defendant's Request for Electronic Service on Pro Hac Vice Counsel Through the CM/ECF System (Attachments: # 1)(Ezell, Katherine)
December 19, 2006 29 Featured Case AGREED ORDER Approving the parties' stipulation of confidentiality. Signed by Judge Jose E. Martinez on 12/18/06. (lk)
December 12, 2006 28 Featured Case ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for Pretrial. Signed by Judge Jose E. Martinez on 12/12/2006. (ls)
December 12, 2006 27 Featured Case SCHEDULING ORDER: ORDER REFERRING CASE to Mediation. 15 days to appoint mediator., ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for Discovery; Jury Trial set for 10/29/2007 in Miami Division before Judge Jose E. Martinez. Calendar Call set for 10/25/2007 01:30 PM in Miami Division before Judge Jose E. Martinez.Signed by Judge Jose E. Martinez on 12/12/2006. (ls)
December 5, 2006 26 Featured Case ORDER GRANTING 24 MOTION to Dismiss count 9 1 Notice of Removal filed by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP, . Signed by Judge Jose E. Martinez on 12/5/06. (lk)
December 5, 2006 25 Featured Case ORDER denying as moot 3 Motion to Dismiss, granting 24 Motion to Dismiss. Count IX of the complaint is dismissed without prejudice. Signed by Judge Jose E. Martinez on 12/4/06. (lk)
October 5, 2006 24 JOINT MOTION to Dismiss count IX (violation of the Florida Civil Remedies for Criminal Practices Act) without prejudice by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP. (lh)
September 25, 2006 23 REPLY by Sidley, Austin, Brow to response to [3-1] motion to dismiss complaint (nt, Deputy Clerk)
September 12, 2006 22 Featured Case ORDER granting [19-1] motion to extend time to reply to opposition to motion to dismiss ( Signed by Judge Jose E. Martinez on 9/11/06) [EOD Date: 9/13/06] (tb, Deputy Clerk)
September 8, 2006 21 Featured Case ORDER granting [17-1] motion for Richard Candelora to appear pro hac vice, granting [17-2] motion for waiver to designation of local counsel in the Southern District of Florida ( Signed by Judge Jose E. Martinez on 09/08/06) [EOD Date: 9/12/06] (nt, Deputy Clerk)
September 8, 2006 20 AGREED MOTION by Mark J. Gainor to allow re-filing of memorandum in opposition to motion to dismiss and confirming requested extension of time to file reply brief (nt, Deputy Clerk)
September 7, 2006 19 AGREED MOTION by Sidley, Austin, Brow to extend time to reply to opposition to motion to dismiss (nt, Deputy Clerk)
August 25, 2006 18 JOINT Scheduling Report of Scheduling Meeting by Mark J. Gainor, Sidley, Austin, Brow (tb, Deputy Clerk)
August 17, 2006 Pro Hac Vice Fee Paid; FILING FEE $ 75.00 RECEIPT # 945416 (nt, Deputy Clerk)
August 17, 2006 17 MOTION by Mark J. Gainor for Richard Candelora to appear pro hac vice , and for waiver to designation of local counsel in the Southern District of Florida (nt, Deputy Clerk)
August 11, 2006 16 Featured Case ORDER Response to motion reset to 8/31/06 for [3-1] motion to dismiss complaint granting [10-1] motion to extend time to respond to motion to dismiss ( Signed by Judge Jose E. Martinez on 8/11/06) [EOD Date: 8/14/06] (hd, Deputy Clerk)
August 10, 2006 15 Featured Case ORDER denying [4-1] motion for Oral Argument on [3-1] motion to dismiss complaint ( Signed by Judge Jose E. Martinez on 08/09/06) [EOD Date: 8/11/06] (nt, Deputy Clerk)
August 8, 2006 14 Featured Case ORDER granting [11-1] motion to allow exception to order requiring parties to meet in person ( Signed by Judge Jose E. Martinez on 8/7/06) [EOD Date: 8/9/06] (tb, Deputy Clerk)
August 4, 2006 12 Certificate of Interested Persons and Corporate Disclosure Statement by Sidley, Austin, Brow (nt, Deputy Clerk)
August 3, 2006 13 Certificate of Interested Parties and Corporate Disclosure Statement by Mark J. Gainor (nt, Deputy Clerk)
August 3, 2006 11 AGRRED MOTION by Sidley, Austin, Brow to allow exception to order requiring parties to meet in person (nt, Deputy Clerk)
August 1, 2006 10 UNOPPOSED MOTION by Mark J. Gainor to extend time to respond to motion to dismiss (nt, Deputy Clerk)
July 31, 2006 9 NOTICE of Change of Address of Attorney by Mark J. Gainor (nt, Deputy Clerk)
July 27, 2006 8 NOTICE of Filing Attached Proposed Order re: motion to dismiss by Sidley, Austin, Brow (nt, Deputy Clerk)
July 21, 2006 7 Featured Case ORDER Requring Parties to Meet and File Joint Scheduling Report and Proposed Order and Directing Parties to File Certificates of Interested Parties. ( Signed by Judge Jose E. Martinez on 07/20/06) [EOD Date: 7/24/06] (nt, Deputy Clerk)
July 21, 2006 6 Featured Case ORDER granting [5-1] motion for Brad Brian, Richard Drooyan, Jonathan Altman, Lisa Demsky, Aaron May, Julie Cantor to appear pro hac vice ( Signed by Judge Jose E. Martinez on 07/21/06) [EOD Date: 7/24/06] (nt, Deputy Clerk)
July 19, 2006 Pro Hac Vice Fee Paid; FILING FEE $ 450.00 RECEIPT # 943997 & 943998 (nt, Deputy Clerk)
July 19, 2006 5 JOINT MOTION by Sidley, Austin, Brown for Brad Brian, Richard Drooyan, Jonathan Altman, Lisa Demsky, Aaron May, Julie Cantor to appear pro hac vice (nt, Deputy Clerk)
July 19, 2006 4 MOTION by Sidley, Austin, Brow for Oral Argument on [3-1] motion to dismiss complaint (nt, Deputy Clerk)
July 19, 2006 3 MOTION with memorandum in support by Sidley, Austin, Brow to dismiss complaint (nt, Deputy Clerk)
July 14, 2006 2 NOTICE of Pendency of Refiled Action. by Sidley, Austin, Brow (nt, Deputy Clerk)
July 12, 2006 1 NOTICE OF REMOVAL of complaint from: 11th Judicial Circuit Court, Miami-Dade County; FILING FEE $350.00 ; Magistrate Judge Bandstra (dg, Deputy Clerk)

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Search for this case: Gainor v. Sidley, Austin, Brow
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Counter defendant: Mark J. Gainor
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Counter defendant: Elyse Gainor
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Defendant: Sidley, Austin, Brown & Wood, LLP
Represented By: Jonathan E. Altman
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Defendant: Mark C. Klopfenstein
Represented By: Richard Allen Morgan
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Defendant: R. J. Ruble
Represented By: William Frederic Jung
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Defendant: Merrill Lynch & Co., Inc.
Represented By: Coren Harris Stern
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Plaintiff: Mark J. Gainor
Represented By: Richard Benjamin Wilkes
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Plaintiff: Elyse Gainor
Represented By: Richard Benjamin Wilkes
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Counter claimant: Mark C. Klopfenstein
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