Super Pawn Jewelry & Loan v. Brewer, et al.
| Super Pawn Jewelry & Loan, L.L.C. doing business as Gemrush |
| American Environmental Energy, Inc., Brent Brewer, John Montague, Steven Byle, William McManes, Christopher Wilson, Wilson, Haglund & Paulsen, P.C., Randy Drew, Alan Sinderman, Quicksilver Stock Transfer, L.L.C., Weaver & Martin, L.L.C., Malone Bailey, L.L.P, TD Ameritrade, Inc., Virginia Cha, Walter O'Brien and Alan Shinderman |
| Mr. Seth Kaplan, Law Offices of David Rudolph and Mr. Kevin Benjamin |
| 1:2011cv08894 |
| December 15, 2011 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Robert M Dow |
| Contract: Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
This docket was last retrieved on January 30, 2017. A more recent docket listing may be available from PACER.
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Filing 336
ORDER. Signed by the Honorable Robert M. Dow, Jr. on 1/30/2017. In view of the settlement of all remaining matters in dispute, the Court vacates its prior sanctions orders [266, 289]. In addition, Respondent's motion for reconsideration #313 is withdrawn. Please see below for further explanation. Mailed notice(cdh, )
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Filing 335
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Order to follow. Mailed notice (cdh, )
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Filing 334
MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 10:00 a.m. on 1/26/2017 is reset to 9:45 a.m. on 1/26/2017 (time change only). Mailed notice (cdh, )
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Filing 333
MINUTE entry before the Honorable Robert M. Dow, Jr: Due to the Court's trial calendar, the status hearing set for 1/10/2017 is cancelled and reset to 1/26/2017 at 10:00 a.m. Mailed notice (cdh, )
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Filing 332
MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held. Status hearing is set for 1/10/2017 at 10:00 a.m. Mailed notice (cdh, )
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Filing 331
MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is continued to November 22, 2016 at 10:30 A.M. in Courtroom 1919, Dirksen Federal Building, 219 South Dearborn Street, Chicago, IL 60604 for further motion and status hearing. All parties to this litigationWeaver & Martin, LLC, Brent Brewer, Steven Byle, Jon Montague, Christopher Wilson, Wilson Haglund & Paulsen, P.C., Kevin Benjamin and Super Pawn Jewelry & Loan, LLCmust participate either in person or through counsel. All corporate parties (including LLCs) must appear through counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993). All parties must be prepared to discuss settlement. If settlement cannot be achieved, all parties shall also be prepared to discuss a briefing schedule for Kevin Benjamins pending motion for reconsideration #313 . Counsel for Kevin Benjamin shall serve a copy of this Order on all parties at their last known addresses. The parties are encouraged to discuss settlement in advance of the motion and status hearing; if a settlement is reached in advance of the next status date, the parties shall notify the Court so that the hearing date may be stricken. Mailed notice (cdh, )
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Filing 330
MINUTE entry before the Honorable Robert M. Dow, Jr: By agreement of the parties, the status hearing set for 8/31/2016 is stricken and reset to 9/28/2016 at 9:45 a.m. Mailed notice (cdh, )
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Filing 329
MINUTE entry before the Honorable Robert M. Dow, Jr: Attorney Donny Brand's motion to withdraw as counsel for Plaintiff #327 is granted based on the arguments set out in the motion and counsel's representation that Mr. Glassman has stated that he will be providing written consent. Notice of motion date of 8/17/2016 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
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Filing 328
NOTICE of Motion by Donny Emil Brand for presentment of motion to withdraw as attorney, #327 before Honorable Robert M. Dow Jr. on 8/17/2016 at 09:15 AM. (Brand, Donny)
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Filing 327
MOTION by Attorney Donny Emil Brand to withdraw as attorney for Super Pawn Jewelry & Loan, L.L.C.. New address information: Super Pawn Jewelry & Loan, L.L.C. c/o Scott Goldstein, Agent, 401 E. Prospect Ave Ste 202, Mount Prospect, IL 60056 (Brand, Donny)
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Filing 326
MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement discussion held and continued to 8/31/2016 at 9:30 a.m. Mailed notice (cdh, )
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Filing 325
MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held off the record. A further status hearing is set for 7/20/2017 at 10:00 a.m. Mailed notice (cdh, )
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Filing 324
ATTORNEY Appearance for Respondent Kevin Benjamin by Andrew M. Everest (Everest, Andrew)
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Filing 323
MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held off the record. A further status hearing is set for 6/23/2016 at 11:00 a.m. Mailed notice (cdh, )
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Filing 322
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Mr. Benjamin's oral motion to withdraw Donny Emil Brand as his counsel is granted. Mr. Everest's oral motion for leave to file his appearance is granted. Mailed notice (cdh, )
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Filing 321
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held with off-the-record settlement discussion; based on that discussion, the briefing schedule on the motion for reconsideration #313 is suspended until further order of the Court; parties are to continue discussing settlement with all interested parties. This case is set for further status hearing on 6/2/2016 at 9:30 a.m. Mailed notice (cdh, )
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Filing 320
APPENDIX appendix #314 , appendix #315 , notice of motion #316 , memorandum opinion and order #289 , motion for reconsideration #313 , notice of motion #285 (Attachments: #1 Exhibit 1A: E-mails of Larry Glassman and Robert Ouriel showing false representations to the Court Part 1, #2 Exhibit 1B: E-mails of Larry Glassman and Robert Ouriel showing false representations to the Court Part 2, #3 Exhibit 2A: Article related to theft involving Robert Ouriel later related to Gemrush, #4 Exhibit 2B: Article related to Plea Deal stemming from conspiracy between Robert Ouriel and Gemrush, #5 Exhibit 2C: Relevant pages from Appeal of Robert Ouriel showing pattern and practice of Conspiracy and deception between Robert Ouriel and Gemrush from as far back as October of 2008)(Benjamin, J. Kevin)
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Filing 319
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #317 , the status hearing on 4/27/2016 at 9:00 a.m. will stand. The Court will discuss both the tentative settlement and the motion to reconsider with counsel at that time. Mailed notice (cdh, )
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Filing 318
MINUTE entry before the Honorable Robert M. Dow, Jr: Attorney Benjamin's motion for reconsideration and for relief under FRCP 60 #313 is taken under advisement; response is due by 5/23/2016; reply is due by 6/6/2016. The Court will either set the matter for a hearing or issue a ruling by mail after reviewing the parties' further submissions. Notice of motion date of 4/28/2016 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
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Filing 317
STATUS Report Joint Status Report by WEAVER & MARTIN, L.L.C. (Eggert, Devon)
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Filing 316
NOTICE of Motion by J. Kevin Benjamin for presentment of motion for reconsideration #313 before Honorable Robert M. Dow Jr. on 4/28/2016 at 09:15 AM. (Benjamin, J. Kevin)
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Filing 315
APPENDIX motion for reconsideration #313 Exhibit 2: copy of December 23, 2013 Rule 11 letter response from Attorney of Larry Glassman (Benjamin, J. Kevin)
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Filing 314
APPENDIX motion for reconsideration #313 Exhibit 1: copy of December 18, 2013 Rule 11 letter sent ot Attorney of Larry Glassman (Benjamin, J. Kevin)
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Filing 313
MOTION by Respondent Kevin Benjamin for reconsideration and for relief from Order pursuant to FRCP Rule 60 (Benjamin, J. Kevin)
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Filing 312
MINUTE entry before the Honorable Robert M. Dow, Jr: Citation to discover assets hearing held. Mr. Kevin Benjamin failed to appear. The hearing is reset to 4/27/2016 at 9:00 a.m. As discussed on the record and no later than 4/25/2016, parties to submit a joint status report. Mailed notice (cdh, )
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Filing 311
MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, the status hearing set for 2/24/2016 is cancelled and reset to 3/23/2016 at 9:00 a.m. Mailed notice (cdh, )
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Filing 310
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Counsel's oral motion to continued the citations to 2/24/2016 at 9:00 a.m. is granted. Mailed notice (cdh, )
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Filing 309
ANSWER of Third Party Respondent Citation by Bank of America, N.A. (jc, )
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Filing 308
MINUTE entry before the Honorable Robert M. Dow, Jr: At the telephonic request of Mr. Eggert, the citations to discover assets as to Bank of America, N.A. and JPMorgan Chase Bank, N.A. noticed up for 1/4/2016 are cancelled and reset to 2/4/2016 at 9:00 a.m. Mailed notice (cdh, )
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Filing 307
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Mr. Kevin Benjamin appears. As discussed on the record, Mr. Benjamin agrees to produce all documents by 1/22/2016. A further status hearing is set for 2/4/2016 at 9:00 a.m. Mailed notice (cdh, )
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Filing 306
CITATION to Discover Assets issued as to Bank of America NA and JP Morgan Chase Bank NA (Third Parties). (Attachments: #1 Citation Notice for Bank of America, N.A., #2 Citation Notice for JP Morgan Chase Bank, N.A.) (jc, )
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Filing 305
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Mr. Kevin Benjamin appeared. A further status hearing is set for 12/23/2015 at 9:00 a.m. Mailed notice (cdh, )
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Filing 304
CITATION to Discover Assets issued as to J. Kevin Benjamin (Third Alias). (jc, )
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Filing 303
MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 12/9/2015 at 9:00 a.m. Devon Eggert appears on behalf of Weaver & Martin L.L.C. and advised the Court that a settlement has been reached with Super Pawn and judgment is basically satisfied. Mr. Eggert is still having difficulties in serving a citation to discover assets upon Respondent Mr. Kevin Benjamin. Mailed notice (cdh, )
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Filing 302
CITATION to Discover Assets issued as to J. Kevin Benjamin (Second Alias Citation to Discover Assets). (jc, )
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Filing 301
MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, hearing on alias citation to discovery assets to Super Pawn Jewelry & Loan noticed set for 9/10/2015 is cancelled and reset to 11/4/2015 at 9:00 a.m. (attempting to document a settlement). If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. No appearances are necessary on 9/30/2015. Mailed notice (cdh, )
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Filing 300
MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, hearing on alias citation to discovery assets to Super Pawn Jewelry & Loan noticed set for 9/10/2015 is cancelled and reset to 9/30/2015 at 9:00 a.m. (attempting to document a settlement). If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. No appearances are necessary on 9/10/2015. Mailed notice (cdh, )
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Filing 299
MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties and by agreement of the parties, the hearing on alias citation to discovery assets to Super Pawn Jewelry & Loan noticed for 8/25/2015 is cancelled and reset to 9/10/2015 at 8:30 a.m. No appearances are necessary on 8/25/2015. Mailed notice (cdh, )
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Filing 298
NOTICE of hearing by Weaver & Martin, L.L.C. on alias citation to discover assets to Super Pawn Jewelry & Loan, L.L.C. before Honorable Robert M. Dow Jr. on 8/25/2015 at 09:15 AM. (sj, )
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Filing 297
MANDATE of USCA dated 8/5/2015 regarding notice of appeal #291 ; USCA No. 15-2070; Upon consideration of the APPELLANT J. KEVIN BENJAMIN'S MOTION FOR A VOLUNTARY DISMISSAL OF HIS APPEAL, filed on August 5, 2015, by counsel for the appellant, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (sj, )
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Filing 296
LETTER from the USCA regarding the record on appeal in USCA no. 15-2070; No record to be returned. (sj, )
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Filing 295
CITATION to Discover Assets issued as to Super Pawn Jewelry & Loan LLC, J. Kevin Benjamin (No Notice Filed). (sj, )
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Filing 294
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #291 ; USCA Case No. 15-2070 (sj, )
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Filing 293
TRANSMITTED to the 7th Circuit the short record on notice of appeal #291 . Notified counsel (smm)
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Filing 292
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #291 . (smm)
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Filing 291
NOTICE of appeal by Kevin Benjamin regarding orders #289 , #266 Filing fee $ 505, receipt number 0752-10651080. (Benjamin, J. Kevin)
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Filing 290
CITATION to Discover Assets issued as to J. Kevin Benjamin, Super Pawn Jewelry and Loan L.L.C. (rb, )
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Filing 289
MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on 4/16/2015. Mailed notice(cdh, )
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Filing 288
MINUTE entry before the Honorable Robert M. Dow, Jr: For the reasons stated in the Memorandum Opinion and Order, the Court grants in part and denies in part Plaintiff's motion for reconsideration. Plaintiff shall pay $8,541.11 to Weaver & Martin and $7,632.17 to the remaining Defendants. Attorney Benjamin shall pay $25,623.33 to Weaver & Martin and $22,896.51 to the remaining Defendants. Enter Memorandum Opinion and Order. Mailed notice (cdh, )
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Filing 287
MINUTE entry before the Honorable Robert M. Dow, Jr: Motions for reconsideration #280 #282 are taken under advisement. If the Court feels additional briefing is necessary an order will be entered setting a briefing schedule. Notice of Motion date of 11/18/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 286
MINUTE entry before the Honorable Robert M. Dow, Jr: Notice of Motion date of 11/11/2014 is stricken. Mailed notice (tbk, )
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Filing 285
NOTICE of Motion by Donny Emil Brand for presentment of motion for reconsideration, motion for relief,,,, #282 before Honorable Robert M. Dow Jr. on 11/18/2014 at 09:15 AM. (Brand, Donny)
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Filing 284
REPLY by Respondent Kevin Benjamin to memorandum in support of motion #269 , memorandum in support of motion #268 (Attachments: #1 Affidavit J. Kevin Benjamin, #2 Affidavit Larry Glassman)(Brand, Donny)
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Filing 283
REPLY by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to memorandum in support of motion #269 , memorandum in support of motion #268 Super Pawn Jewelry & Loan, LLC's Reply to Defendants' Request for Attorney's Fees (Attachments: #1 Affidavit J. Kevin Benjamin, #2 Affidavit Larry Glassman)(Brand, Donny)
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Filing 282
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for reconsideration regarding motion for reconsideration, motion for relief,,,,,,,, #280 , notice of motion #281 (First Amended) - Amended to Add Signature Block and Certificate of Service (Attachments: #1 Affidavit Larry Glassman)(Brand, Donny)
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Filing 281
NOTICE of Motion by Donny Emil Brand for presentment of motion for reconsideration, motion for relief,,,,,,,, #280 before Honorable Robert M. Dow Jr. on 11/11/2014 at 09:15 AM. (Brand, Donny)
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Filing 280
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for reconsideration regarding order on motion for sanctions,, memorandum opinion and order, terminate motions,,,,,,,, #266 (Attachments: #1 Affidavit Larry Glassman)(Brand, Donny)
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Filing 279
ORDER: MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to substitute #272 in attorney Donny Brand, MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan, L.L.C. to withdraw #272 appearance of M. Scott Leonard is granted. Notice of Motion date of 10/22/2014 is stricken and no appearances are necessary on that date. MOTION of Attorney Donny E.Brand for leave to appear pro hac vice #277 on behalf of J. Kevin Benjamin is granted. Signed by the Honorable Robert M. Dow, Jr on 10/20/2014. Mailed notice (ph, )
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Filing 278
MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs J Kevin Benjamin, Super Pawn Jewelry & Loan, L.L.C. for extension of time #274 to file response to Defendants' Requests for Attorneys Fees #274 , to and including 10/31/2014, is granted. Notice of Motion date of 10/22/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 277
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9971430. for J. Kevin Benjamin (Brand, Donny)
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Filing 276
NOTICE of Motion by Donny Emil Brand for presentment of motion for extension of time to file response/reply #274 before Honorable Robert M. Dow Jr. on 10/22/2014 at 09:15 AM. (Brand, Donny)
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Filing 275
DECLARATION of Donny E. Brand regarding motion for extension of time to file response/reply #274 Declaration of Donny E. Brand in Support of Plaintiff's Motion for an Extension of Time to Object to Defendants' Request for Attorneys Fees (Brand, Donny)
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Filing 274
MOTION by Plaintiffs J Kevin Benjamin, Super Pawn Jewelry & Loan, L.L.C. for extension of time to file response/reply Plaintiff's Motion for Extension of Time to Object to Defendants' Requests for Attorneys Fees (Brand, Donny)
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Filing 273
NOTICE of Motion by M. Scott Leonard for presentment of motion to substitute attorney, motion to withdraw as attorney #272 before Honorable Robert M. Dow Jr. on 10/22/2014 at 09:15 AM. (Leonard, M.)
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Filing 272
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to substitute attorney Donny Brand, MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan, L.L.C. to withdraw as attorney M. Scott Leonard (Leonard, M.)
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Filing 271
ORDER: MOTION of attorney Donny E. Brand for leave to appear pro hac vice #270 on behalf of Plaintiff Super Pawn Jewerly is granted. Signed by the Honorable Robert M. Dow, Jr on 10/15/2014. Mailed notice (ph, )
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Filing 270
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9954323. (Brand, Donny)
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Filing 269
MEMORANDUM In Support of Motion for Sanctions (Attachments: #1 Declaration Declaration of Christopher A. Wilson)(Wilson, Christopher)
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Filing 268
MEMORANDUM In Support of Reasonableness of Attorneys' Fees and Disbursements (Attachments: #1 Exhibit A, #2 Exhibit B)(Sandberg, Verona)
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Filing 267
NOTICE by M. Scott Leonard of Change of Address (Leonard, M.)
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Filing 266
MEMORANDUM OPINION AND ORDER: the Court grants in part the Motions for Sanctions, filed by Defendant Weaver & Martin, LLC #210 and Defendants Brent Brewer, Steven Byle, Jon Montague, Christopher Wilson, and Wilson, Haglund & Paulsen, P.C. #215 . The Court directs Defendants to submit by 10/6/2014 requests for attorneys fees consistent with the Courts Opinion, along with appropriate supporting materials. Plaintiff and J. Kevin Benjamin may submit any objections to the fees submitted by Defendants by 10/20/2014. The Court will then determine the appropriate monetary sanction for the conduct at issue. Signed by the Honorable Robert M. Dow, Jr on 9/9/2014. Mailed notice(tbk, )
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Filing 265
ENTER ORDER OF DISMISSAL PURSUANT TO SETTLEMENT: It is ordered, pursuant to Fed. R. Civ. P. 41(a)(1)(ii) and the parties Stipulation of Dismissal Pursuant to Settlement and Settlement Agreement filed as Exhibit thereto, this action is hereby dismissed with prejudice with each party to bear its own costs and attorneys fees. (See ORDER for complete details) Signed by the Honorable Robert M. Dow, Jr on 4/17/2014. Mailed notice(tbk, )
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Filing 264
NOTICE of Voluntary Dismissal by Super Pawn Jewelry & Loan, L.L.C. Stipulation of Dismissal Pursuant to Settlement (Attachments: #1 Exhibit Settlement Agreement)(Leonard, M.)
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Filing 263
MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. Defendants' counsel does not appear. Plaintiff's counsel reports that the claims involving all remaining defendants have now settled and that they will shortly be filing a stipulation to dismiss before the district judge. The settlement does not include the pending sanctions motions. All matters subject to the referral having been concluded, the referral is hereby terminated. Mailed notice. (jj, )
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Filing 262
ATTORNEY Appearance by Defendants Quicksilver Stock Transfer, L.L.C., Alan Shinderman (Wilson, Christopher)
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Filing 261
MINUTE entry before the Honorable Robert M. Dow, Jr: Following the motion hearing held on 3/11/2014, the Court grants the renewed motion of John E. Bucheit of Roeser Bucheit & Graham LLC to withdraw as counsel of record on behalf of Defendants ALAN SHINDERMAN and QUICKSILVER STOCK TRANSFER LLC #258 , subject to withdrawing counsel (1) serving a copy of this order on his clients at their last known address(es) and (2) placing on the docket confirmation of compliance with the Court's order. Although Mr. Shinderman may represent himself if he so chooses, Quicksilver Stock Transfer LLC must obtain substitute counsel if it wishes to proceed with this litigation. See Rowland v.Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993). Quicksilver and Mr. Shinderman are given to and including 4/7/2014 in which to retain new counsel or, in Mr. Shinderman's case, file a pro se appearance. All parties are reminded that a status hearing in this case is set before Magistrate Judge Schenkier on 4/8/2014. Failure to secure new counsel may subject Quicksilver Stock Transfer LLC to sanctions, up to and including the entry ofdefault and default judgment. See, e.g., Harrington v. City of Chicago, 433 F.3d. 542, 549-50 (7th Cir. 2006).Mailed notice (tbk, )
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Filing 260
MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held and continued to 4/08/14 at 9:00 a.m. Mailed notice. (jj, )
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Filing 259
NOTICE of Motion by John E. Bucheit for presentment of motion to withdraw as attorney #258 before Honorable Robert M. Dow Jr. on 3/11/2014 at 09:15 AM. (Bucheit, John)
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Filing 258
MOTION by counsel for Defendants Quicksilver Stock Transfer, L.L.C., Alan Shinderman to withdraw as attorney (Bucheit, John)
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Filing 257
MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. For the various reasons as stated on the record, defendants' counsel do not appear. Plaintiff's counsel reports that he is in the process of engaging in settlement discussions with certain parties. The matter is set for a status hearing before the magistrate judge on 3/04/14 at 9:00 a.m. Mailed notice. (jj, )
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Filing 256
REPLY by Brent Brewer, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. to MOTION by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for sanctions #215 , memorandum in support of motion #217 (Wilson, Christopher) (Docket Text Modified by Clerk's Office) (mr, ).
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Filing 255
MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendant Weaver & Martin, L.L.C. for leave to file an Oversize Brief Instanter #252 is granted. Notice of Motion date of 1/14/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 254
REPLY by Weaver & Martin, L.L.C. to memorandum in support of motion #211 , MOTION by Defendant Weaver & Martin, L.L.C. for sanctions #210 (Attachments: #1 Exhibit A)(Sandberg, Verona)
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Filing 253
NOTICE of Motion by Verona Marie Sandberg for presentment of motion for leave to file #252 before Honorable Robert M. Dow Jr. on 1/14/2014 at 09:15 AM. (Sandberg, Verona)
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Filing 252
MOTION by Defendant Weaver & Martin, L.L.C. for leave to file an Oversize Brief Instanter (Sandberg, Verona)
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Filing 251
MINUTE entry before the Honorable Sidney I. Schenkier: Joint motion for extension of time #249 is granted; no appearance on the motion is required. The deadline for filing the planning conference report is stricken, and the status hearing set for 1/08/14 is continued to 1/30/14 at 9:00 a.m. A schedule for submitting the planing conference report will be discussed at that time. Mailed notice. (jj, )
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Filing 250
NOTICE of Motion by John E. Bucheit for presentment of extension of time #249 before Honorable Sidney I. Schenkier on 1/7/2014 at 08:30 AM. (Bucheit, John)
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Filing 249
MOTION by Defendants American Environmental Energy, Inc., Brent Brewer, Quicksilver Stock Transfer, L.L.C., Alan Shinderman for extension of time to file planning conference report (Bucheit, John)
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Filing 248
RESPONSE by Super Pawn Jewelry & Loan, L.L.C.in Opposition to MOTION by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for sanctions #215 , MOTION by Defendant Weaver & Martin, L.L.C. for sanctions #210 Amended Response in Opposition to Sanctions (Leonard, M.)
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Filing 247
MINUTE entry before the Honorable Robert M. Dow, Jr: Motions for sanctions #210 #215 are taken under advisement; Motion for sanctions #215 is taken under advisement; Motion to withdraw as attorney #243 is entered and continued generally and counsel to advise the Court whether he wishes to pursue said motion. MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for leave to file #245 Amended Declaration and Supplemental Response is granted. Reply brief due by 1/13/2014. Prior Declaration is withdrawn. Mailed notice (tbk, )
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Filing 246
NOTICE of Motion by M. Scott Leonard for presentment of motion for leave to file #245 before Honorable Robert M. Dow Jr. on 12/19/2013 at 09:15 AM. (Leonard, M.)
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Filing 245
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for leave to file Amended Declaration and Supplemental Response (Attachments: #1 Exhibit Proposed Amended Declaration)(Leonard, M.)
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Filing 244
NOTICE of Motion by John E. Bucheit for presentment of motion to withdraw as attorney #243 before Honorable Robert M. Dow Jr. on 12/19/2013 at 09:15 AM. (Bucheit, John)
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Filing 243
MOTION by counsel for Defendants Quicksilver Stock Transfer, L.L.C., Alan Shinderman, Alan Sinderman to withdraw as attorney (Bucheit, John)
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Filing 242
RESPONSE by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to motion for sanctions #215 , motion for sanctions #210 In Opposition to Defendants Combined Motions for Sanctions (Attachments: #1 Exhibit 1)(Leonard, M.)
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Filing 241
MINUTE entry before the Honorable Robert M. Dow, Jr: Minute entry #240 is corrected to read as follows: MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for extension of time #229 To Respond to Defendants' Motions for Sanctions, to and including 12/10/2013, is granted. Defendants reply briefs due by 12/30/2013. Notice of Motion date of 11/27/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 240
MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for extension of time #229 To Respond to Defendants' Motions for Sanctions, to and including 12/20/2013, is granted. Notice of Motion date of 11/27/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 239
EXHIBITS response to motion, #238 for Sanctions (combined) (Benjamin, J. Kevin) (Docket Text Modified by Clerks Office.) Modified on 11/25/2013 (ea, ).
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Filing 238
RESPONSE by J Kevin Benjamin to MOTION by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for sanctions #215 , MOTION by Defendant Weaver & Martin, L.L.C. for sanctions #210 Combined Response by Benjamin (Benjamin, J. Kevin)
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Filing 237
CERTIFICATE of Service by Stuart Jay Chanen on behalf of Seth Kaplan regarding other #236 , memorandum in opposition to motion #234 , affidavit #235 (Chanen, Stuart)
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Filing 236
EXHIBIT Engagement Agreement by Seth Kaplan Exhibit 2 to Memorandum In Opposition (Chanen, Stuart) (Docket Text Modified By Clerks Office.) Modified on 11/25/2013 (ea, ).
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Filing 235
AFFIDAVIT of Seth Kaplan regarding memorandum in opposition to motion #234 Exhibit 1 to Memorandum (Chanen, Stuart)
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Filing 234
MEMORANDUM by Seth Kaplan, Seth Kaplan in Opposition to motion for sanctions #215 , motion for sanctions #210 and also by Law Offices of David Rudolph (Chanen, Stuart)
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Filing 233
ATTORNEY Appearance for Unknowns Seth Kaplan, The Law Office of David Rudolph by Stuart Jay Chanen (Chanen, Stuart)
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Filing 232
MEMORANDUM motion for sanctions #210 by American Environmental Energy, Inc. Gordon Katz's Memorandum of Law in Support of his Response to Defendant Weaver & Martin's Motion for Sanctions (Katz, Gordon)
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Filing 231
RESPONSE by American Environmental Energy, Inc.in Opposition to MOTION by Defendant Weaver & Martin, L.L.C. for sanctions #210 Response of Gordon Katz, Esq. to Motion for Sanctions filed by Defendant Weaver & Martin (Katz, Gordon)
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Filing 230
NOTICE of Motion by M. Scott Leonard for presentment of extension of time #229 before Honorable Robert M. Dow Jr. on 11/27/2013 at 09:15 AM. (Leonard, M.)
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Filing 229
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. for extension of time To Respond to Defendants' Motions for Sanctions (Leonard, M.)
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Filing 228
MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. Defendants' counsel does not appear. Plaintiff's counsel reports on the status of the case. By 12/16/13, the parties shall conduct a Rule 26(f) planning conference. By 1/03/14, the parties shall file a joint report of the planning conference, using the format available on the Court's webpage at http://www.ilnd.uscourts.gov/JUDGE/SCHENKIER/sispage.htm. In conducting the planning conference and preparing the joint report, the parties shall keep in mind that the Court has endorsed The Sedona Conference Cooperation Proclamation dated July 2008. Prior to the planning conference, counsel shall read the Cooperation Proclamation, and at the planning conference, the parties shall be fully prepared to discuss methods and techniques to streamline discovery. The matter is set for a status hearing before the magistrate judge on 1/08/14 at 9:00 a.m. Counsel representing all parties shall appear. Mailed notice. (jj, )
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Filing 227
ATTORNEY Appearance for Plaintiff Super Pawn Jewelry & Loan, L.L.C. by M. Scott Leonard (Leonard, M.)
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Filing 226
MINUTE entry before Honorable Sidney I. Schenkier: In light of the order of the district judge granting plaintiff's motion to continue and stay (doc. # 225), the status hearing set with the magistrate judge for 11/07/13 is RESET to 11/19/13 at 9:00 a.m. The requirement that the parties file a joint statement regarding a proposed discovery plan by 11/07/13 (doc. #222 ) is suspended pending further order of the court. (rbf, )
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Filing 225
MINUTE entry before Honorable Robert M. Dow, Jr: Motions for leave to file excess pages #208 #213 are granted. Motions for sanctions #210 #215 are taken under advisement; Responses due by 11/22/2013; Replies due by 12/13/2013. Motion of Kevin Benjamin to withdraw as attorney #218 for Plaintiff is granted. Motion of Seth Kaplan to withdraw as attorney #220 for Plaintiff is granted. Plaintiff's Motion to continue and stay #223 is granted in part. Plaintiff is given until 11/2/2013 to obtain new counsel. Mailed notice (tbk, )
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Filing 224
NOTICE of Motion by J. Kevin Benjamin for presentment of motion to continue, #223 before Honorable Robert M. Dow Jr. on 10/3/2013 at 09:15 AM. (Benjamin, J. Kevin)
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Filing 223
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to continue and stay all pending matters through November 16, 2013 or such later time as the Court may deem just and proper (Attachments: #1 Exhibit A: Notice of Appearance of Seth A. Kaplan)(Benjamin, J. Kevin)
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Filing 222
MINUTE entry before Honorable Sidney I. Schenkier:The status hearing with the magistrate judge set for 10/02/13 is RESET to 11/12/13 at 9:00 a.m. By 11/07/13, the parties shall file a joint statement with respect to their proposed discovery plan, indicating where there is agreement and explaining any areas of disagreement. Mailed notice. (rbf, )
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Filing 221
NOTICE of Motion by Seth A. Kaplan for presentment of motion to withdraw as attorney #220 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Kaplan, Seth)
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Filing 220
MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan, L.L.C. to withdraw as attorney (Kaplan, Seth)
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Filing 219
NOTICE of Motion by J. Kevin Benjamin for presentment of motion to withdraw as attorney, #218 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Benjamin, J. Kevin)
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Filing 218
MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan, L.L.C. to withdraw as attorney For Plaintiff Super Pawn Jewelry & Loan, LLC d/b/a Gemrush (Attachments: #1 Exhibit A: Termination e-mail of 9/23/2013, #2 Exhibit B: Termination letter of 9/23/2013)(Benjamin, J. Kevin)
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Filing 217
MEMORANDUM by Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. in support of motion for sanctions #215 (Attachments: #1 Exhibit A)(Wilson, Christopher)
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Filing 216
NOTICE of Motion by Christopher Wilson for presentment of motion for sanctions #215 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Wilson, Christopher)
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Filing 215
MOTION by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for sanctions (Wilson, Christopher)
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Filing 214
NOTICE of Motion by Christopher Wilson for presentment of motion for leave to file excess pages #213 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Wilson, Christopher)
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Filing 213
MOTION by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for leave to file excess pages (Wilson, Christopher)
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Filing 212
NOTICE of Motion by Verona Marie Sandberg for presentment of motion for sanctions #210 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Sandberg, Verona)
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Filing 211
MEMORANDUM by Weaver & Martin, L.L.C. in support of motion for sanctions #210 (Attachments: #1 Exhibit A)(Sandberg, Verona)
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Filing 210
MOTION by Defendant Weaver & Martin, L.L.C. for sanctions (Sandberg, Verona)
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Filing 209
NOTICE of Motion by Verona Marie Sandberg for presentment of motion for leave to file excess pages #208 before Honorable Robert M. Dow Jr. on 10/2/2013 at 09:15 AM. (Sandberg, Verona)
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Filing 208
MOTION by Defendant Weaver & Martin, L.L.C. for leave to file excess pages (Sandberg, Verona)
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Filing 207
MINUTE entry before Honorable Sidney I. Schenkier: On 09/11/13, the district judge denied plaintiff's motion for leave to file instanter a third amended complaint #196 and ordering that the case proceed based on the claims that survived the motion to dismiss the first amended complaint #206 . The district judge further ordered that discovery should proceed under the supervision of the magistrate judge. The matter is set for a status hearing with the magistrate judge for 10/02/13 at 9:00 a.m. Prior to that time, the parties shall meet and confer in an effort to agree upon the discovery to be done and a schedule for accomplishing it. By the close of business on 9/27/13, the parties shall file a joint statement with respect to their proposed discovery program, indicating where there is agreement and explaining any areas of disagreement. Mailed notice. (jj, )
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Filing 206
ENTER AMENDED ORDER: For the reasons stated below, the Court denies Plaintiff's motion to file instanter 3rd amended complaint #196 . Pursuant to the Court's ruling on Plaintiffs motion to file instanter 3rd amended complaint, the Court denies as moot Defendant Quicksilver's motion for clarification as to Plaintiff's operative complaint #183 and also denies as moot Defendant Weave & Martin, LLC's motion for partial summary judgment #175 and second motion to dismiss #180 . The case will move forward only on the claims and as to the parties that survived the motion to dismiss the first amended complaint. The parties should proceed with discovery under the supervision of Magistrate Judge Schenkier, after which time a further status hearing will be set in the district court. Signed by the Honorable Robert M. Dow, Jr on 9/11/2013. Mailed notice(tbk, )
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Filing 205
ENTER ORDER: For the reasons stated below, the Court denies Plaintiff's motion to file instanter 3rd amended complaint #196 . Pursuant to the Court's ruling on Plaintiff's motion to file instanter 3rd amended complaint, the Court denies as moot Defendant Quicksilver's motion for clarification as to Plaintiff's operative complaint #183 and also denies as moot Defendant Weave & Martin, LLC's motion for partial summary judgment #175 and second motion to dismiss #180 . The case will move forward only on the claims and as to the parties that survived the motion to dismiss the second amended complaint. The parties should proceed with discovery under the supervision of Magistrate Judge Schenkier, after which time a further status hearing will be set in the district court. Signed by the Honorable Robert M. Dow, Jr on 9/9/2013. Mailed notice(tbk, )
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Filing 204
RESPONSE by Defendants Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. supplemental response to plaintiff's motion for leave to file to amended complaint. (Exhibits) by Christopher Wilson. (ea, )
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Filing 203
APPENDIX appendix #198 , appendix,,, #197 , motion to file instanter, #196 Amended Exhibit C to memorandum and motion for leave to file 3rd Amended Complaint to comply with local rule related to caption on documents (Benjamin, J. Kevin)
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Filing 202
REPLY by Super Pawn Jewelry & Loan, L.L.C. to response in opposition to motion #200 , response in opposition to motion, #199 , MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to file instanter 3rd Amended Complaint #196 (Benjamin, J. Kevin)
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Filing 201
MINUTE entry before Honorable Robert M. Dow, Jr: Notwithstanding Plaintiff's failure to properly notice for presentment its motion for leave to file a third amended complaint instanter #196 a day after the previously set deadline, Defendants have filed responses to the motion [see #199 , #200 ]. The Court takes the motion for leave #196 under advisement and, as previously stated [see 193 ] will consider it along with the Defendants' responses and the various other pending motions. A written order will issue in due course. Mailed notice (tbk, )
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Filing 200
RESPONSE by Weaver & Martin, L.L.C.in Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to file instanter 3rd Amended Complaint #196 (Sandberg, Verona)
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Filing 199
RESPONSE by Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C.in Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to file instanter 3rd Amended Complaint #196 Supplemental Response (Wilson, Christopher)
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Filing 198
APPENDIX motion to file instanter, #196 Exhibit C to memorandum and motion for leave to file 3rd Amended Complaint (Benjamin, J. Kevin)
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Filing 197
APPENDIX motion to file instanter, #196 Index to Exhibits for 3rd Amended Complaint that is attached to Motion as Exhibit A (Attachments: #1 Exhibit A: AEEI Merger Agreement and Plan of Merger dated April 16, 2008, Section 1.02, #2 Exhibit B: The Conscious Company Common Stock Certificate Owned by Plaintiff Gemrush, #3 Exhibit C: Letter from Defendant TD Ameritrade to Plaintiff dated July 27, 2011, #4 Exhibit D: Plaintiff Gemrushs TD Ameritrade Account Statements evidencing beneficial ownership of 1,000,000 shares of CCCX common stock. (December 2007, January 2007, March 2008, April 2008), #5 Exhibit E: Defendant Wilsons July 15, 2011 letter, #6 Exhibit F: Draft Share Purchase Agreement between AEEI and plaintiff Gemrush dated October 1, 2008, #7 Exhibit G: Affidavit of Lawrence Glassman dated August 27, 2013)(Benjamin, J. Kevin)
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Filing 196
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to file instanter 3rd Amended Complaint (Attachments: #1 Exhibit 3rd Amended Complaint, #2 Exhibit Affidavit of Larry Glassman, #3 Exhibit Redline VErsion of 3rd Amended Complaint)(Benjamin, J. Kevin)
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Filing 195
ORDER: Plaintiffs' motion for continuance to file amended complaint #194 is granted; Plaintiff may file the proposed amended complaint on or before August 28, 2013. This is a final extension. As the Court tried to make clear at the last status hearing, in all likelihood this will be Plaintiffs' last opportunity to make a stand on a proposed complaint. The Court also indicated that, in view of the pending motions to dismiss and/or for sanctions, Plaintiffs should carefully and deliberately consider their position. Although counsel did not balk at the August 14 deadline, no party will suffer prejudice if the extension is granted. Given the Court's trial schedule this month, it will not be in position to review the proposed complaint against the Defendants' motions until after the new proposed deadline in any event. With that said, the time period for Plaintiffs to reevaluate their positions must come to an end, and with this extension it will. Signed by the Honorable Robert M. Dow, Jr on 8/16/2013. Mailed notice(tbk, )
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Filing 194
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to continue time for leave to file third amended complaint (Benjamin, J. Kevin)
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Filing 193
MINUTE entry before Honorable Robert M. Dow, Jr: Motion and status hearing held on 8/5/13. MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend and requesting leave to file 3rd Amended Complaint #187 is stricken without prejudice. As stated on the record in open court, Plaintiff has until 8/14/13 to file a renewed motion for leave to file an amended complaint with the proposed amended complaint attached. The Court will consider Defendants opposition to Plaintiffs motion as stated on the record in court and as set out in [189, 190, 191, and 192]. Ruling on Plaintiffs renewed motion will be by mail. Mailed notice (tbk, )
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Filing 192
RESPONSE by Quicksilver Stock Transfer, L.L.C., Alan Shindermanin Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend/correct amended document #170 and requesting leave to file 3rd Amended Complaint #187 (Bucheit, John)
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Filing 191
RESPONSE by Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C.in Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend/correct amended document #170 and requesting leave to file 3rd Amended Complaint #187 (Wilson, Christopher)
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Filing 190
RESPONSE by Weaver & Martin, L.L.C.in Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend/correct amended document #170 and requesting leave to file 3rd Amended Complaint #187 (Sandberg, Verona)
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Filing 189
RESPONSE by TD Ameritrade, Inc.in Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend/correct amended document #170 and requesting leave to file 3rd Amended Complaint #187 (Attachments: #1 Exhibit A/Declaration of Steven R. Smith)(Smith, Steven)
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Filing 188
NOTICE of Motion by J. Kevin Benjamin for presentment of motion to amend/correct,, motion for relief, #187 before Honorable Robert M. Dow Jr. on 8/5/2013 at 11:15 AM. (Benjamin, J. Kevin)
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Filing 187
MOTION by Plaintiff Super Pawn Jewelry & Loan, L.L.C. to amend/correct amended document #170 and requesting leave to file 3rd Amended Complaint (Attachments: #1 Appendix Memorandum in Support of Motion for Leave to File Amended Complaint, #2 Appendix Draft of Proposed 3rd Amended Complaint, #3 Notice of Filing Notice of Motion for Leave to File Amended Complaint)(Benjamin, J. Kevin)
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Filing 186
MINUTE entry before Honorable Robert M. Dow, Jr: Motion hearing held on Defendants' motion to clarify operative complaint #183 . Counsel for Plaintiff was not present in court. Motion to clarify #183 is taken under advisement. For the reasons stated below, Plaintiff's Second Amended Complaint (Corrected) #173 and Corrected Amended Complaint Removing All Reference to TD Ameritrade as a Defendant #182 are stricken. If plaintiff wishes to request leave to file an amended complaint, it must file a proper motion by 7/17/2013 and should notice the motion for presentment at the nextstatus date, which is 8/5/2013 at 11:15 a.m. If Plaintiff files such a motion, Defendants are given until 7/24/2013 to file a response. Briefing on all pending motions [175, 180] is suspended until further court order. Counsel for Plaintiff is directed to appear in person at the next status hearing. Please see below for further explanation. Mailed notice (tbk, )
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Filing 185
NOTICE of Motion by John E. Bucheit for presentment of motion to clarify #183 before Honorable Robert M. Dow Jr. on 7/9/2013 at 09:15 AM. (Bucheit, John)
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Filing 184
MOTION by Defendants Quicksilver Stock Transfer, L.L.C., Alan Shinderman to clarify operative complaint (Bucheit, John)
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Filing 183
MOTION by Defendants Quicksilver Stock Transfer, L.L.C., Alan Shinderman to clarify operative complaint (Bucheit, John)
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Filing 182
AMENDED amended document #170 , amended document #173 corrected amended complaint removing all reference to TD Ameritrade as a Defendant (Benjamin, J. Kevin)
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Filing 181
MEMORANDUM by Weaver & Martin, L.L.C. in support of Motion to Dismiss for Failure to State a Claim #180 (Sandberg, Verona)
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Filing 180
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sandberg, Verona)
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Filing 179
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Weaver & Martin, L.L.C. for partial summary judgment #175 is taken under advisement; response due by 7/31/2013; reply due by 8/14/2013; ruling will be by mail. Notice of Motion date of 7/3/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 178
NOTICE of Motion by Verona Marie Sandberg for presentment of motion for partial summary judgment #175 before Honorable Robert M. Dow Jr. on 7/3/2013 at 09:15 AM. (Sandberg, Verona)
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Filing 177
RULE 56 Statement by Weaver & Martin, L.L.C. regarding motion for partial summary judgment #175 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sandberg, Verona)
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Filing 176
MEMORANDUM by Weaver & Martin, L.L.C. in support of motion for partial summary judgment #175 (Sandberg, Verona)
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Filing 175
MOTION by Defendant Weaver & Martin, L.L.C. for partial summary judgment (Sandberg, Verona)
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Filing 174
TRANSCRIPT OF PROCEEDINGS held on 6/13/2012 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 173
AMENDED amended document #170 second amended complaint (Corrected) (Benjamin, J. Kevin)
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Filing 172
MINUTE entry before Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. The matter is set for a status hearing before the magistrate judge on 11/05/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 171
MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 6/5/2013. Plaintiff's attorney fails to appear at status.Time for defendants to file responsive pleadings is extended to 7/3/2013. Defendants' motions to dismiss to be filed by 7/3/2013; Plaintiff's response to motions to dismiss due by 7/31/2013; Defendants' replies due by 8/14/2013; ruling on motions to dismiss will be by mail. Mailed notice (tbk, )
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Filing 170
AMENDED amended complaint #7 , complaint #1 Second Amended Complaint (Benjamin, J. Kevin)
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Filing 169
MINUTE entry before Honorable Sidney I. Schenkier: In light of the district's judge's minute order dated 5/24/13 continuing the deadline to 5/30/13 for the plaintiff to file an amended complaint #168 , the status hearing with the magistrate judge set for 5/29/13 is RESET to 6/12/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 168
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiff Super Pawn Jewelry & Loan to continue deadline #166 to file Amended Complaint, to and including 5/30/2013, is granted. Notice of Motion date of 5/29/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 167
NOTICE of Motion by J. Kevin Benjamin for presentment of motion to continue, #166 before Honorable Robert M. Dow Jr. on 5/29/2013 at 09:15 AM. (Benjamin, J. Kevin)
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Filing 166
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue deadline to file Amended Complaint (Attachments: #1 Exhibit A; E-mail from Verona Sandberg not opposing the motion, #2 Exhibit B: e-mail from counsel/defendant Wilson opposing the motion)(Benjamin, J. Kevin)
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Filing 165
ATTORNEY Appearance for Plaintiff Super Pawn Jewelry & Loan by J. Kevin Benjamin (Benjamin, J. Kevin)
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Filing 164
MINUTE entry before Honorable Sidney I. Schenkier: In light of the district judge's minute order dated 4/25/13 granting plaintiff until 5/24/13 to secure new counsel and file an amended complaint ( #162 ), the status hearing with the magistrate judge set for 5/01/13 is RESET to 5/29/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 163
MINUTE entry before Honorable Robert M. Dow, Jr: After May 24, 2013, the Quicksilver Defendants are instructed to answer Plaintiff's amended complaint or otherwise plead; they are to do so by 6/14/2013. Mailed notice (tbk, )
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Filing 162
MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 4/25/2013. MOTION by Claudia M. Rustad of the law firm of Grippo & Elden LLC, counsel for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C., to withdraw #153 as attorney, is granted. MOTION by Gordon Katz, counsel for Plaintiff Super Pawn Jewelry & Loan, to withdraw #156 as attorney, is granted. MOTION by Plaintiff Super Pawn Jewelry & Loan to FOR CONTINUANCE #158 TO SECURE NEW COUNSEL AND TO AMEND COMPLAINT, is granted. Plaintiff is given to and including 5/24/2013 to secure new counsel and to amend complaint. MOTION by Claudia M. Rustad of the law firm of Grippo & Elden LLC, counsel for Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman, to withdraw #160 as their attorney, granted. Any party needing to secure new counsel may do so by 5/24/2013. Status hearing set for 6/5/2013 at 09:30 AM. Mailed notice (tbk, )
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Filing 161
NOTICE of Motion by Claudia Mercedes Rustad for presentment of motion to withdraw as attorney #160 before Honorable Robert M. Dow Jr. on 4/25/2013 at 09:15 AM. (Rustad, Claudia)
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Filing 160
MOTION by counsel for Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman to withdraw as attorney (Rustad, Claudia)
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Filing 159
NOTICE of Motion by Seth A. Kaplan for presentment of motion to continue #158 before Honorable Robert M. Dow Jr. on 4/25/2013 at 09:00 AM. (Kaplan, Seth)
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Filing 158
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue Motion for Continuance to Secure New Counsel and to Amend Complaint (Kaplan, Seth)
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Filing 157
NOTICE of Motion by Seth A. Kaplan for presentment of motion to withdraw as attorney #156 before Honorable Robert M. Dow Jr. on 4/25/2013 at 09:00 AM. (Kaplan, Seth)
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Filing 156
MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan to withdraw as attorney Gordon Katz Motion to withdraw as attorney (Kaplan, Seth)
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Filing 155
ATTORNEY Appearance for Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman by John E. Bucheit (Bucheit, John)
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Filing 154
NOTICE of Motion by Claudia Mercedes Rustad for presentment of motion to withdraw as attorney #153 before Honorable Robert M. Dow Jr. on 4/25/2013 at 09:15 AM. (Rustad, Claudia)
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Filing 153
MOTION by counsel for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. to withdraw as attorney (Local) (Rustad, Claudia)
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Filing 152
WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 4/17/2013: Plaintiff's motion for default against the Quicksilver Defendants #127 is denied. Plaintiff has been given until April 22, 2013 to file an amended complaint if Plaintiff believes, consistent with Fed R. Civ. P. 11, that it can overcome any of the grounds for dismissal set forth in the Court's March 29, 2013 opinion. After April 22, 2013, the Quicksilver Defendants are instructed to answer Plaintiff's operative complaint or otherwise plead; they are to do so by May 14, 2013. Mailed notice(tbk, )
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Filing 151
MINUTE entry before Honorable Sidney I. Schenkier: In light of the district judge's Memorandum Opinion and Order earlier today dismissing certain claims, compelling arbitration as to the claim against TD Ameritrade, and granting plaintiff until 4/22/13 to file any amended complaint ( #150 ), the status hearing with the magistrate judge set for 4/16/13 is RESET to 5/01/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 150
MEMORANDUM Opinion and Order Signed by the Honorable Robert M. Dow, Jr on 3/29/2013. Mailed notice(tbk, )
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Filing 149
MINUTE entry before Honorable Robert M. Dow, Jr: Pursuant to Memorandum Opinion and Order, dated March 29, 2013, Defendants' motions to dismiss [57, 58, 59, and 51] are granted and TD Ameritrade's Motion to compel arbitration #117 is granted. TD Ameritrade's motion to dismiss #120 is stricken as moot. Plaintiff is given until April 22, 2013 to file an amended complaint if Plaintiff believes, consistent with Fed. R. Civ. P. 11, that it can overcome any of the grounds for dismissal set forth above. This case is set for further status hearing on April 25, 2013, at 9:00 a.m. Mailed notice (tbk, )
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Filing 148
MINUTE entry before Honorable Robert M. Dow, Jr: In view of the appearances and continued involvement in the case of Attorneys Katz and Kaplan as counsel for Plaintiff, the motion of Attorney Ouriel to ithdraw as counsel #81 is granted. Mailed notice (tbk, )
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Filing 147
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Dmitry Shifrin counsel for Defendant TD Ameritrade, Inc. to withdraw as attorney #145 is granted. Notice of Motion date of 3/19/2013 is stricken and no appearances are necessary on that date. Mailed Notices (tbk, )
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Filing 146
NOTICE of Motion by Dmitry Shifrin for presentment of motion to withdraw as attorney #145 before Honorable Robert M. Dow Jr. on 3/19/2013 at 09:15 AM. (Shifrin, Dmitry)
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Filing 145
MOTION by counsel for Defendant TD Ameritrade, Inc. to withdraw as attorney Dmitry Shifrin (Shifrin, Dmitry)
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Filing 144
MEMORANDUM by Super Pawn Jewelry & Loan in support of motion for default judgment, #127 Memorandum in Support of Plaintiff's Reply to Defendants Response to Plaintiff's motion for Default Judgment t (Katz, Gordon)
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Filing 143
REPLY by Super Pawn Jewelry & Loan to response in opposition to motion, #141 , MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment as to Alan Sinderman and Quicksilver Stock Transfer, LLC #127 Reply to Defendants' Response to Motion for Default Judgement (Katz, Gordon)
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Filing 142
REPLY by TD Ameritrade, Inc. to response in opposition to motion, #139 , MOTION by Defendant TD Ameritrade, Inc. to compel Arbitration and to Dismiss or Stay Litigation #117 , memorandum in support of motion, #118 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shifrin, Dmitry)
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Filing 141
RESPONSE by Quicksilver Stock Transfer, L.L.C., Alan Sindermanin Opposition to MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment as to Alan Sinderman and Quicksilver Stock Transfer, LLC #127 (Attachments: #1 Exhibit A, #2 Exhibit B)(Rustad, Claudia)
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Filing 140
MINUTE entry before Honorable Robert M. Dow, Jr: Previously set status hearing date of 2/1/2013 is stricken. Mailed notice (tbk, )
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Filing 139
RESPONSE by Super Pawn Jewelry & Loanin Opposition to MOTION by Defendant TD Ameritrade, Inc. to compel Arbitration and to Dismiss or Stay Litigation #117 (Attachments: #1 Supplement Memorandum, #2 Affidavit Affidavit of Lawrence Glassman)(Kaplan, Seth)
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Filing 138
MINUTE entry before Honorable Sidney I. Schenkier: Status hearing held. Plaintiff's counsel, Gordon Katz, participates by telephonic conference. The parties report on the status of discovery. For the reasons stated on the record, the Court hereby holds in abeyance any discovery pending the district judge's ruling on the motions or until further order of the Court. The matter is set for a status hearing before the magistrate judge on 4/16/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 137
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiff Super Pawn Jewelry & Loan for extension of time #134 to file response as to motion to compel #117 , to and including 1/18/2013, is granted. Reply brief extended to 2/8/2013. Notice of Motion date of 1/17/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 136
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman for extension #132 of briefing schedule for Plaintiff's Rule 55 Motion for Default is granted. QuickSilver Defendants are granted an extension until 2/1/2013 to file a response to Plaintiff's motion and Plaintiff's time to reply extended to 3/4/2013. Notice of Motion date of 1/15/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 135
NOTICE of Motion by Seth A. Kaplan for presentment of motion for extension of time to file response/reply, motion for relief, #134 before Honorable Robert M. Dow Jr. on 1/17/2013 at 09:15 AM. (Kaplan, Seth)
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Filing 134
MOTION by Plaintiff Super Pawn Jewelry & Loan for extension of time to file response/reply as to motion to compel #117 , memorandum in support of motion, #118 (Kaplan, Seth)
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Filing 133
NOTICE of Motion by Claudia Mercedes Rustad for presentment of extension of time #132 before Honorable Robert M. Dow Jr. on 1/15/2013 at 09:15 AM. (Rustad, Claudia)
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Filing 132
MOTION by Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman for extension of time (Agreed) (Rustad, Claudia)
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Filing 131
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment #127 as to Alan Sinderman and Quicksilver Stock Transfer, LLC is taken under advisement; Defendants' response due by 1/11/2013; Plaintiff's reply due by 2/4/2013; ruling will be by mail. Mailed notice (tbk, )
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Filing 130
ATTORNEY Appearance for Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman by Claudia Mercedes Rustad (Rustad, Claudia)
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Filing 129
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant TD Ameritrade, Inc. to compel Arbitration and to Dismiss or Stay Litigation #117 is taken under advisement; response due by 1/10/2013; reply due by 1/31/2013; ruling will be by mail.MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #120 is held in abeyance pending disposition on motion to compel arbitration. Mailed notice (tbk, )
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Filing 128
NOTICE of Motion by Seth A. Kaplan for presentment of motion for default judgment, #127 before Honorable Robert M. Dow Jr. on 12/19/2012 at 09:00 AM. (Kaplan, Seth)
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Filing 127
MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment as to Alan Sinderman and Quicksilver Stock Transfer, LLC (Attachments: #1 Exhibit Return of Service - Quicksilver, #2 Exhibit Return of Service - Sinderman, #3 Exhibit Motion for Extension of Time - Sinderman, #4 Exhibit Judge Dow Written Opinion 10/10/12, #5 Affidavit Glassman Affidavit 12/6/12)(Kaplan, Seth)
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Filing 126
MINUTE entry before Honorable Robert M. Dow, Jr:MOTION by Michael W. Kazan, counsel for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C., to withdraw as attorney #124 is granted. Notice of Motion date of 12/11/2012 as to Motion to Withdraw #124 is stricken. mailed notice (tg, )
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Filing 125
NOTICE of Motion by Claudia Mercedes Rustad for presentment of motion to withdraw as attorney #124 before Honorable Robert M. Dow Jr. on 12/11/2012 at 09:15 AM. (Rustad, Claudia)
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Filing 124
MOTION by counsel for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. to withdraw as attorney (Rustad, Claudia)
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Filing 123
ATTORNEY Appearance for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. by Claudia Mercedes Rustad (Rustad, Claudia)
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Filing 122
NOTICE of Motion by Steven Russell Smith for presentment of Motion to Dismiss for Failure to State a Claim #120 before Honorable Robert M. Dow Jr. on 12/11/2012 at 09:15 AM. (Smith, Steven)
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Filing 121
MEMORANDUM by TD Ameritrade, Inc. in support of Motion to Dismiss for Failure to State a Claim #120 Rule 12(b)(6) (Attachments: #1 Exhibit A, #2 Exhibit B.1, #3 Exhibit B.2)(Smith, Steven)
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Filing 120
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMRule 12(b)(6) (Smith, Steven)
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Filing 119
NOTICE of Motion by Steven Russell Smith for presentment of motion to compel #117 before Honorable Robert M. Dow Jr. on 12/11/2012 at 09:15 AM. (Smith, Steven)
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Filing 118
MEMORANDUM by TD Ameritrade, Inc. in support of motion to compel #117 Arbitration and to Dismiss or Stay Litigation (Attachments: #1 Exhibit A, #2 Exhibit B.1, #3 Exhibit B.2, #4 Exhibit B.3, #5 Exhibit B.4)(Smith, Steven)
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Filing 117
MOTION by Defendant TD Ameritrade, Inc. to compel Arbitration and to Dismiss or Stay Litigation (Smith, Steven)
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Filing 116
REPLY by Christopher Wilson, Wilson, Haglund & Paulsen, P.C. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #58 , memorandum in support of motion #62 (Wilson, Christopher)
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Filing 115
REPLY by Brent Brewer, Steven Byle, John Montague to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #59 , memorandum in support of motion #64 (Wilson, Christopher)
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Filing 114
REPLY by American Environmental Energy, Inc. to memorandum in support of motion #60 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #57 (Wilson, Christopher)
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Filing 113
REPLY by Defendant Weaver & Martin, L.L.C. to motion to dismiss #51 , memorandum in support of motion #52 (Sandberg, Verona)
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Filing 112
MINUTE entry before Honorable Robert M. Dow, Jr: Certain Defendants' Unopposed Motion For A Two-Day Extension #110 of the Deadline for Filing Their Reply Briefs in Support of Their Rule 12(b)6), 12 (c) and 9(b) Motions, to and including 11/8/2012, is granted. Notice of Motion date of 11/15/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 111
NOTICE of Motion by Michael W. Kazan for presentment of motion for extension of time to file response/reply, motion for relief,,,,,,,,,,,,,,,,,,,,,,,,,,,, #110 before Honorable Robert M. Dow Jr. on 11/15/2012 at 09:15 AM. (Kazan, Michael)
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Filing 110
MOTION by Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. for extension of time to file response/reply as to notice of motion #61 , memorandum in support of motion #60 , Motion to Dismiss for Failure to State a Claim #58 , Motion to Dismiss for Failure to State a Claim #59 , Motion to Dismiss for Failure to State a Claim #57 , memorandum in support of motion #64 , memorandum in support of motion #62 , notice of motion #65 , notice of motion #63 Certain Defendants' Unopposed Motion For A Two-Day Extension of the Deadline for Filing Their Reply Briefs in Support of Their Rule 12(b)6), 12 (c) and 9(b) Motions (Kazan, Michael)
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Filing 109
MINUTE entry before Honorable Sidney I. Schenkier: Status hearing held. Plaintiff's counsel Gordon Katz participates by telephonic conference. The parties report on the status of the case. The matter is set for a status hearing before the magistrate judge on 1/15/13 at 9:00 a.m. Mailed notice. (jj, )
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Filing 108
MINUTE entry before Honorable Robert M. Dow, Jr: Defendant TD Ameritrade, Inc.'s Fifth Agreed Motion for Extension of Time #106 to Respond to Plaintiff's Amended Complaint and to Serve Initial Disclosures is granted as follows: TD Ameritrade, Inc. is given to and including 11/30/2012 to respond to the claims alleged by Plaintiff and until 12/12/2012 to serve initial disclosures. Notice of Motion date of 10/25/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 107
NOTICE of Motion by Steven Russell Smith for presentment of extension of time #106 before Honorable Robert M. Dow Jr. on 10/25/2012 at 09:15 AM. (Smith, Steven)
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Filing 106
MOTION by Defendant TD Ameritrade, Inc. for extension of time Fifth Agred Motion for Extension of Time to Respond to Plaintiff's Amended Complaint and to Serve Initial Disclosures (Smith, Steven)
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Filing 105
RESPONSE by Super Pawn Jewelry & Loanin Opposition to MOTION by Defendant Weaver & Martin, L.L.C. to dismiss Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) #51 (Attachments: #1 Exhibit Memorandum in Support of Response to Defendant's Motion to Dismiss)(Katz, Gordon)
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Filing 104
RESPONSE by Super Pawn Jewelry & Loanin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #58 (Attachments: #1 Exhibit Memorandum in Support of Response to Motion to Dismiss)(Katz, Gordon)
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Filing 103
RESPONSE by Super Pawn Jewelry & Loanin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #59 (Attachments: #1 Exhibit Memorandum in Support of Response to Motion to Dismiss)(Katz, Gordon)
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Filing 102
RESPONSE by Super Pawn Jewelry & Loanin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #57 (Attachments: #1 Exhibit Memorandum in Support of Response to Motion to Dismiss)(Katz, Gordon)
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Filing 101
WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 10/10/2012: For the reasons stated below, the notice of motion and status hearing date of 10/11/2012 is stricken. The Court grants Plaintiff's motion for extension of time #100 and directs the parties as follows: Plaintiff will respond toall pending motions to dismiss no later than 10/16/2012; there will no extensions of that date absent extraordinary and unforseen circumstances; replies in support of the motions to dismiss will be due no later than 11/6/2012. In view of this schedule, Plaintiff's earlier motions for extension to time and/or to continue [74, 94] are stricken as moot. The motion of Defendants Quicksilver and Sinderman for extension of time to obtain counsel #92 is granted; Defendants Quicksilver and Sinderman are given until 10/16/2012 to obtain counsel and until 11/6/2012 to answer or otherwise plead. Defendant TD Ameritrade's motion for extension of time to respond to Plaintiffsamended complaint and to serve initial disclosures #97 is granted. Defendant Weaver & Martin's request for sanctions #89 is denied. Mailed notice(tbk, )
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Filing 100
MOTION by Plaintiff Super Pawn Jewelry & Loan for extension of time to file a response in opposition to defendant Weaver and Martin's 12(b)(6) (Attachments: #1 Notice of Filing Notice of Filing Motion, #2 Supplement Memorandum in Support of Motion, #3 Affidavit Glassman Affidavit, #4 Affidavit Kaplan Affidavit)(Kaplan, Seth)
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Filing 99
STIPULATION regarding notice of motion #61 , memorandum in support of motion #60 , Motion to Dismiss for Failure to State a Claim #58 , Motion to Dismiss for Failure to State a Claim #59 , Motion to Dismiss for Failure to State a Claim #57 , memorandum in support of motion #64 , memorandum in support of motion #62 , notice of motion #65 , notice of motion #63 (Kaplan, Seth)
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Filing 98
NOTICE of Motion by Steven Russell Smith for presentment of extension of time #97 before Honorable Robert M. Dow Jr. on 10/11/2012 at 09:15 AM. (Smith, Steven)
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Filing 97
MOTION by Defendant TD Ameritrade, Inc. for extension of time to Respond to Plaintiff's Amended Complaint and to Serve Initial Disclosures (Smith, Steven)
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Filing 96
MINUTE entry before Honorable Sidney I. Schenkier: The Court, sua sponte, RESETS the status hearing set for 10/03/12 before the magistrate judge to 10/23/12 at 9:00 a.m. Mailed notice. (jj, )
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Filing 95
NOTICE of Motion by Seth A. Kaplan for presentment of motion to continue #94 before Honorable Robert M. Dow Jr. on 10/11/2012 at 09:00 AM. (Kaplan, Seth)
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Filing 94
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue (Attachments: #1 Notice of Filing)(Kaplan, Seth)
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Filing 93
MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing set for 10/11/2012 at 09:00 AM. Mailed notice (tbk, )
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Filing 91
MINUTE entry before Honorable Sidney I. Schenkier: Defendants Weaver & Martin and American Environmental Energy, Inc. ("defendants") have filed motions to dismiss (doc.#'s #57 - #58 ). The district judge entered an order requiring plaintiff to respond by 8/16/12 and defendants to reply by 8/30/12 (doc #68 ). Plaintiff did not file a response on 8/16/12, and on 8/30/12, defendants filed a reply asking that their motion be granted (doc. #84 ). Plaintiff now has filed a motion for continuance (doc. #87 ), which appears to duplicate a motion for continuance that it filed the prior day (doc. #86 ). The motion asks to stay proceedings and allow it until 9/19/12 to answer defendant Weaver & Martin's motion to dismiss, in light of a change in counsel. Weaver & Martin has opposed the motion (doc. #89 ), and asks either that its pending motion to dismiss because of plaintiff's failure to file a timely response, or that if a belated response is permitted, defendants be awarded costs for filing their two-page reply and their three-page response to the motion for continuance. While defendants' contentions strike this Court as an opportunistic attempt to reap advantage from the confusion and sloppiness of plaintiff's counsel, we do agree with defendants that because this dispute involves the schedule on a dispositive motion set before the district judge, this dispute is one that is better addressed to the district judge. We therefore strike the plaintiff's motions for continuance (doc. #'s #86 and #87 ) without prejudice, and with the direction that plaintiff re-notice it before the district judge. The status hearing with the magistrate judge set for 9/19/12 is RESET to 10/03/12 at 9:00 a.m. Mailed notice. (jj, )
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Filing 92
MOTION by Defendants Quicksilver Stock Transfer, L.L.C., Alan Sinderman for extension of time (Exhibits) (pcs, ) .
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Filing 90
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION of Gordon Katz for Leave to Appear Pro Hac Vice #88 on behalf of Plaintiff is granted. Mailed notice. (mr, )
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Filing 89
RESPONSE by Weaver & Martin, L.L.C. to MOTION by Plaintiff Super Pawn Jewelry & Loan to continue #87 , MOTION by Plaintiff Super Pawn Jewelry & Loan to continue #86 (Attachments: #1 Exhibit A)(Sandberg, Verona)
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Filing 88
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7540732. Gordon Katz (Kaplan, Seth)
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Filing 87
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue (Attachments: #1 Notice of Filing)(Kaplan, Seth)
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Filing 86
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue (Kaplan, Seth)
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Filing 85
REPLY by Defendant Weaver & Martin, L.L.C. to motion to dismiss #51 , memorandum in support of motion #52 (Sandberg, Verona)
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Filing 84
REPLY by American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague, Christopher Wilson, Wilson, Haglund & Paulsen, P.C. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #58 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #59 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #57 (Wilson, Christopher)
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Filing 83
MINUTE entry before Honorable Sidney I. Schenkier: Plaintiff's unopposed motion for continuance #82 is granted; no appearance on the motion is required. The status hearing set for 8/30/12 before the magistrate judge is RESET to 9/19/12 at 9:00 a.m. Mailed notice. (jj, )
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Filing 82
MOTION by Plaintiff Super Pawn Jewelry & Loan to continue 8/30/12 Status to 9/19/12 (Kaplan, Seth)
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Filing 81
MOTION by counsel for Plaintiff Super Pawn Jewelry & Loan to withdraw as attorney Robert Ouriel (Kaplan, Seth)
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Filing 80
MINUTE entry before Honorable Robert M. Dow, Jr: THIRD AGREED MOTION FOR EXTENSION OF TIME #78 TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT, TO AND INCLUDING 9/30/2012, AND TO SERVE INITIAL DISCLOSURES, UP TO AND INCLUDING 10/12/2012, is granted. Notice of Motion date of 8/28/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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MOTION by Defendant TD Ameritrade, Inc. to serve initial disclosures. (Omitted Relief from document no. 78) (mr, )
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Filing 79
NOTICE of Motion by Steven Russell Smith for presentment of motion for extension of time to file answer #78 before Honorable Robert M. Dow Jr. on 8/28/2012 at 09:15 AM. (Smith, Steven)
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Filing 78
MOTION by Defendant TD Ameritrade, Inc. for extension of time to file answer THIRD AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT AND TO SERVE INITIAL DISCLOSURES (Smith, Steven)
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Filing 77
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to Quicksilver Stock Transfer, L.L.C. on 8/22/2012, answer due 9/12/2012. (Kaplan, Seth)
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Filing 76
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to Alan Sinderman on 8/22/2012, answer due 9/12/2012. (Kaplan, Seth)
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Filing 75
Corprate Disclosure STATEMENT by American Environmental Energy, Inc. (Wilson, Christopher)
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Filing 74
MOTION by Plaintiff Super Pawn Jewelry & Loan for extension of time to file response/reply as to order on motion to dismiss,, order on motion for extension of time,, motion hearing,, terminate hearings,, set motion and R&R deadlines/hearings,, terminate motions, #56 , motion to dismiss #51 (Kaplan, Seth)
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Filing 73
MINUTE entry before Honorable Sidney I. Schenkier: Telephone status hearing held. By agreement, the status hearing set for 8/08/12 is RESET to 8/30/12 at 9:00 a.m. Plaintiff's lead counsel is given leave to participate by telephone. Plaintiff's lead counsel is to further contact the courtroom deputy, Jenny Jauregui, at (312) 435-7573 by no later than 8/29/12 with telephone contact information. Mailed notice. (jj, )
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Filing 72
MINUTE entry before Honorable Robert M. Dow, Jr: Second Agreed MOTION by Defendant TD Ameritrade, Inc. for Extension of Time to Respond to Plaintiff's Amended Complaint and to Serve Initial Disclosures #70 is granted. Defendant TD Ameritrade, Inc. is given until 8/31/2012 to respond to the claims alleged by Plaintiff and until 9/12/2012 to serve TD Ameritrade's initial disclosures. Mailed notice (tbk, )
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Filing 71
NOTICE of Motion by Steven Russell Smith for presentment of extension of time #70 before Honorable Robert M. Dow Jr. on 8/2/2012 at 09:15 AM. (Smith, Steven)
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Filing 70
MOTION by Defendant TD Ameritrade, Inc. for extension of time Second Agreed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint and to Serve Initial Disclosures (Smith, Steven)
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Filing 69
Corporate Disclosure Statement by Weaver & Martin, L.L.C. (Sandberg, Verona)
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Filing 68
MINUTE entry before Honorable Robert M. Dow, Jr: Motions to Dismiss for Failure to State a Claim #57 #58 #59 are taken under advisement; responses due by 8/16/2012; replies due by 8/30/2012; ruling will be by mail. Notice of Motion date of 7/26/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 67
ATTORNEY Appearance for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague by Michael W. Kazan (Kazan, Michael)
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Filing 66
ATTORNEY Appearance for Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, John Montague by Christopher Wilson (Wilson, Christopher)
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Filing 65
NOTICE of Motion by Christopher Wilson for presentment of Motion to Dismiss for Failure to State a Claim #59 before Honorable Robert M. Dow Jr. on 7/26/2012 at 09:15 AM. (Wilson, Christopher)
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Filing 64
MEMORANDUM by Brent Brewer, Steven Byle, John Montague in support of Motion to Dismiss for Failure to State a Claim #59 (Wilson, Christopher)
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Filing 63
NOTICE of Motion by Christopher Wilson for presentment of Motion to Dismiss for Failure to State a Claim #58 before Honorable Robert M. Dow Jr. on 7/26/2012 at 09:15 AM. (Wilson, Christopher)
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Filing 62
MEMORANDUM by Christopher Wilson, Wilson, Haglund & Paulsen, P.C. in support of Motion to Dismiss for Failure to State a Claim #58 (Wilson, Christopher)
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Filing 61
NOTICE of Motion by Christopher Wilson for presentment of Motion to Dismiss for Failure to State a Claim #57 before Honorable Robert M. Dow Jr. on 7/26/2012 at 09:15 AM. (Wilson, Christopher)
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Filing 60
MEMORANDUM by American Environmental Energy, Inc. in support of Motion to Dismiss for Failure to State a Claim #57 (Wilson, Christopher)
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Filing 59
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Notice of Motion to Dismiss, #2 Memorandum in Support of Motion to Dismiss)(Wilson, Christopher)
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Filing 58
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Notice of Filing Notice of Motion to Dismiss, #2 Memorandum In Support of Motion to Dismiss)(Wilson, Christopher)
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Filing 57
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Notice of Filing Notice of Mition to Dismiss, #2 Exhibit Memorandum in Support of Motion to Dismiss)(Wilson, Christopher)
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Filing 56
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Weaver & Martin, L.L.C. to dismiss Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) #51 , taken under advisement; response due by 8/9/2012; reply due by 8/30/2012; ruling will be by mail. MOTION by Defendant TD Ameritrade, Inc. for extension of time #54 is granted. Notice of Motion date of 7/17/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, )
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Filing 55
NOTICE of Motion by Steven Russell Smith for presentment of extension of time #54 before Honorable Robert M. Dow Jr. on 7/17/2012 at 09:15 AM. (Smith, Steven)
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Filing 54
MOTION by Defendant TD Ameritrade, Inc. for extension of time AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT AND TO SERVE INITIAL DISCLOSURES (Smith, Steven)
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Filing 53
NOTICE of Motion by Verona Marie Sandberg for presentment of motion to dismiss #51 before Honorable Robert M. Dow Jr. on 7/12/2012 at 09:15 AM. (Sandberg, Verona)
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Filing 52
MEMORANDUM by Weaver & Martin, L.L.C. in support of motion to dismiss #51 Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) (Sandberg, Verona)
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Filing 51
MOTION by Defendant Weaver & Martin, L.L.C. to dismiss Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) (Sandberg, Verona)
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Filing 50
MINUTE entry before Honorable Robert M. Dow, Jr: The parties to exchange their initial Rule 26(A)(1) disclosures by 8/1/2012. Any amendments to the pleadings to be made and any additional parties to be added by 10/1/2012. Fact discovery to be completed by 2/15/2013. Status hearing set for 2/1/2013 at 09:00 AM. Mailed notice (tbk, )
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Filing 49
Agreed Proposed Amended Discovery Schedule by Super Pawn Jewelry & Loan with Electronic Signatures (Kaplan, Seth)
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Filing 48
Agreed Proposed Amended Discovery Schedule by Super Pawn Jewelry & Loan (Kaplan, Seth)
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Filing 47
Rule 26(a)(1) Initial Disclosures by Weaver & Martin, L.L.C. (Sandberg, Verona)
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Filing 46
MINUTE entry before Honorable Sidney I. Schenkier: Mr. Ouriel has filed additional information showing that he is an attorney in good standing and eligible to practice in Florida (doc. #45 ). We accordingly grant Mr. Ouriel's motion for leave to appear pro hac vice (doc. #41 ). Mailed notice. (psm, )
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Filing 45
SUPPLEMENT to Motion to Appear Pro Hac Vice (Kaplan, Seth)
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Filing 44
MINUTE entry before Honorable Sidney I. Schenkier: Status hearing held. Mr. Robert Ouriel participates by telephone. The parties report on the status of the case and that plaintiff is making various attempts to serve the various named defendants who have not yet been served. By agreement, defendants Brent Brewer, Steven Byle, John Montague, American Environmental Energy, Inc., and TD Ameritrade, Inc. are to respond to the complaint by 7/20/12. The date of 7/9/12 for defendant Weaver & Martin, L.L.C. to respond to the complaint remains unchanged. The parties are further instructed to discuss scheduling issues and to submit their proposed amended discovery schedule by 6/27/12. In light of the discussions, as stated on the record, Mr. Robert Ouriel is directed to file a supplement to his pro hac vice motion #43 showing that he is an attorney in good standing in Florida. The matter is set for a status hearing before the magistrate judge on 8/08/12 at 9:00 a.m. Mailed notice. (jj, )
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Filing 43
ATTORNEY Appearance for Defendant TD Ameritrade, Inc. by Dmitry Shifrin (Shifrin, Dmitry)
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Filing 42
ATTORNEY Appearance for Defendant TD Ameritrade, Inc. by Steven Russell Smith (Smith, Steven)
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Filing 41
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7245287. (Kaplan, Seth)
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Filing 40
MINUTE entry before Honorable Sidney I. Schenkier: The Court, sua sponte, sets the matter for a status hearing before the magistrate judge on 6/13/12 at 9:00 a.m. Mailed notice. (jj, )
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Filing 39
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sidney I. Schenkier pursuant to Local Rule 72.1. Signed by Executive Committee on 5/30/2012.(psm, )
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Filing 38
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Weaver & Martin, L.L.C. for extension of time #35 To Answer Or Otherwise Plead To Plaintiff's Amended Complaint is granted to and including 7/9/2012. As discussed on the record, parties to exchange initial disclosures by 6/20/2012. All discovery motions and discovery supervision is being referred to Magistrate Judge Schenkier. Status hearing set for 7/26/2012 at 09:00 AM. Mailed notice (tbk, )
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Filing 37
ATTORNEY Appearance for Defendant Weaver & Martin, L.L.C. by David C. Gustman (Gustman, David)
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Filing 36
NOTICE of Motion by Verona Marie Sandberg for presentment of extension of time #35 before Honorable Robert M. Dow Jr. on 5/30/2012 at 09:15 AM. (Sandberg, Verona)
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Filing 35
MOTION by Defendant Weaver & Martin, L.L.C. for extension of time To Answer Or Otherwise Plead To Plaintiff's Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Sandberg, Verona)
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Filing 34
ATTORNEY Appearance for Defendant Weaver & Martin, L.L.C. by Verona Marie Sandberg (Sandberg, Verona)
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Filing 33
Initial Disclosure by Super Pawn Jewelry & Loan (Rudolph, David)
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Filing 32
Initial Disclosure by Wilson, Haglund & Paulsen, P.C. and Christopher Wilson (Wilson, Christopher)
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Filing 31
STATUS Report Joint Status Report by Christopher Wilson (Wilson, Christopher)
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Filing 30
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to John Montague on 5/14/2012, answer due 6/4/2012. (Rudolph, David)
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Filing 29
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to American Environmental Energy, Inc. on 5/14/2012, answer due 6/4/2012. (Rudolph, David)
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Filing 28
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to Weaver & Martin, L.L.C. on 5/10/2012, answer due 5/31/2012. (Rudolph, David)
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Filing 27
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to TD Ameritrade, Inc. on 5/10/2012, answer due 5/31/2012. (Rudolph, David)
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Filing 26
ATTORNEY Appearance for Defendant Wilson, Haglund & Paulsen, P.C. by Christopher Wilson (Wilson, Christopher)
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Filing 25
Answer and Separate And/Or Affirmative Defenses to Complaint ANSWER to Complaint by Wilson, Haglund & Paulsen, P.C.(Kazan, Michael)
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Filing 24
ATTORNEY Appearance for Defendants Christopher Wilson, Wilson, Haglund & Paulsen, P.C. by Michael W. Kazan (Kazan, Michael)
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Filing 23
MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by attorney Christopher A. Wilson for leave to appear pro hac vice #21 on behalf of Wilson, Haglund & Paulsen, P.C., granted. Mailed notice. (psm, )
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Filing 22
MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 4/19/2012. Defendant Christopher Wilson appears by telephone. An answer to be filed by 5/3/2012 on behalf of defendant Wilson, Haglund & Paulsen, P.C.. Rule 26(a)(1) initial disclosures to be exchanged by 5/17/2012. Joint status report to be filed by 5/17/2012. Mailed notice (tbk, )
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Filing 21
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50. (Wilson, Christopher)
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Filing 19
MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 3/20/2012. MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment #13 as to defendant Christopher Wilson is denied. On the Court's own motion, defendant Christopher Wilson is granted leave to file his answer,instanter, nunc pro tunc as of 3/9/2012. Status hearing set for 4/19/2012 at 10:45 AM. Mailed notice (tbk, )
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Filing 20
INITIAL STATUS Report by Christopher Wilson. (Exhibits) (ph, )
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Filing 18
STATUS Report by Super Pawn Jewelry & Loan (Kaplan, Seth)
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Filing 14
EXHIBIT by Plaintiff Super Pawn Jewelry & Loan (Exhibit C to Motion for Default Judgment) regarding MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment as to Christopher Wilson #13 (Kaplan, Seth)
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Filing 17
ANSWER to Complaint by Christopher Wilson. (Exhibit) (ao,)
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Filing 16
PRO SE Appearance by Defendant Christopher Wilson. (ao,)
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Filing 13
MOTION by Plaintiff Super Pawn Jewelry & Loan for default judgment as to Christopher Wilson (Attachments: #1 Affidavit Service on C Wilson, #2 Certificate of Service Return of Service C Wilson)(Kaplan, Seth)
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Filing 15
RETURN of U.S Post Office via registered mail article no. RB365040316US executed on 2/28/2012 as to Virginia Cha. (ao,) Modified on 4/19/2012 (lcw, ).
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Filing 12
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to Wilson, Haglund & Paulsen, P.C. on 2/10/2012, answer due 3/2/2012. (Kaplan, Seth)
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Filing 11
SUMMONS Returned Executed by Super Pawn Jewelry & Loan as to Christopher Wilson on 2/10/2012, answer due 3/2/2012. (Kaplan, Seth)
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Filing 10
MINUTE entry before Honorable Robert M. Dow, Jr: Initial Status hearing is set for March 20, 2012 at 10:15 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report on or before March 15, 2012. (See Judges web page for status report) Mailed notice (tbk, )
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Filing 9
MAILED summons issued on date 2/7/2012 via registered mail # RB365040316US per plaintiff request. (ao,)
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SUMMONS Issued as to Defendants William McManes, Walter O'Brien, Wilson, Haglund & Paulsen, P.C. (nsf, )
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Filing 8
MINUTE entry before Honorable Robert M. Dow, Jr: Pursuant to Notice of Voluntary Dismissal [ #4 ], defendant Malone Bailey, LLP is dismissed with prejudice. Mailed notice. (kj, )
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Filing 7
AMENDED complaint by Super Pawn Jewelry & Loan against All Defendants (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-R)(Kaplan, Seth)
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Filing 6
ATTORNEY Appearance for Plaintiff Super Pawn Jewelry & Loan by Seth A. Kaplan (Kaplan, Seth)
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Filing 5
Notice of Withdrawal and Substitution of Counsel by Super Pawn Jewelry & Loan (Attachments: #1 Supplement consent order with signed agreement)(Kaplan, Seth)
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Filing 4
NOTICE of Voluntary Dismissal by All Plaintiffs (Kaplan, Seth)
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SUMMONS Issued as to Defendants American Environmental Energy, Inc., Brent Brewer, Steven Byle, Randy Drew, John Montague, Quicksilver Stock Transfer, L.L.C., Alan Sinderman, TD Ameritrade, Inc., Weaver & Martin, L.L.C., Christopher Wilson (jh, )
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Filing 3
ATTORNEY Appearance for Plaintiff SUPER PAWN JEWELRY & LOAN by J. Kevin Benjamin (Benjamin, J. Kevin)
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Filing 2
CIVIL Cover Sheet (Benjamin, J. Kevin)
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Filing 1
COMPLAINT filed by SUPER PAWN JEWELRY & LOAN; Jury Demand. Filing fee $ 350, receipt number 0752-6658753. (Attachments: #1 Exhibit)(Benjamin, J. Kevin)
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CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (mh, )
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