Dumanian et al v. Schwartz et al
| Advanced Suture, Inc. and Gregory Dumanian |
| Mark Alan Schwartz Revocable Trust Dated and Mark A. Schwartz |
| 1:2021cv01780 |
| April 2, 2021 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| John Robert Blakey |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| None |
Docket Report
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| Filing 48 MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of the motion to consolidate filed by Mark Schwartz, the Mark Alan Schwartz Mesh Suture Revocable Trust Dated 12/2/2017 (the "Trust") and Advanced Suture, Inc. #46 . Local Rule 40.4 requires a party seeking reassignment of a related case to file the motion in the lowest-numbered case of the claimed related set and notice it before the judge assigned to that case; in this case, that means Judge Lee, who presides over Case No. 19 CV 6771. This Court strikes the motion for failing to comply with the Local Rule. Mailed notice. (kp, ) |
| Filing 47 ATTORNEY Appearance for Plaintiffs Advanced Suture, Inc., Gregory Dumanian by Sergio E. Acosta (Acosta, Sergio) |
| Filing 46 MOTION by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A. Schwartz to consolidate cases (Attachments: #1 Exhibit A, J. Brimmer Order)(Shelist, Robert) |
| Filing 45 ATTORNEY Appearance for Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A. Schwartz by Robert Joel Shelist (Shelist, Robert) |
| Filing 44 ATTORNEY Appearance for Plaintiffs Advanced Suture, Inc., Gregory Dumanian by Michelle Nasser (Nasser, Michelle) |
| Filing 43 MAILED Rule 83.15 Letter to all counsel of record. (ph, ) |
| Filing 42 RECEIVED from Colorado; Case Number 1:20-cv-01800 (ph) |
Filing 41
ORDER. The Clerk of Court shall transfer this case to the United States District Court for the Northern District of Illinois. Plaintiffs' Motion for Preliminary and Permanent Injunction #7 is DENIED AS MOOT. Defendant Mark Schwart's Motion to Dismiss and For Sanctions for Perjury #19 is DENIED AS MOOT. This case is closed, by Chief Judge Philip A. Brimmer on 3/31/21.(sgrim) [Transferred from Colorado on 4/2/2021.]
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| Filing 40 RESPONSE to #39 Supplement/Amendment by Defendant Mark A Schwartz. (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 39 SUPPLEMENT/AMENDMENT to #7 MOTION for Permanent Injunction Given New Evidence of Wrongdoing by Defendant Schwartz by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Attachments: #1 Exhibit 1)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 38 BRIEF CONSENT TO TRANSFER AND MEMORANDUM OF LAW IN SUPPORT THEREOF (D.34) by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 37 BRIEF re #34 Minute Order,, by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 36 NOTICE of Change of Address/Contact Information (Note Correction) by Mark Alan Schwartz (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 35 NOTICE of Change of Address/Contact Information by Mark Alan Schwartz (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
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Filing 34
MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/25/2020, re: #7 MOTION for Permanent Injunction. ORDERED that, on or before September 11, 2020 at 5:00 p.m., the parties shall file briefs addressing whether or not they oppose transfer of this action to the Northern District of Illinois. If a party does oppose transfer, the party should explain why this Court is the proper forum for resolving the control dispute, applying the first-tofile analysis. If Dumanian opposes transfer, he should further explain why, given that he initiated the Illinois lawsuit, he now prefers resolution of the control dispute in this forum. Briefs shall not exceed ten pages and no responses to the briefs will be allowed. (sphil, ) [Transferred from Colorado on 4/2/2021.]
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Filing 33
ORDER REASSIGNING CASE. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(d)(4)(B) and the approval of the Chief Judge, this case is reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 1:20-cv-01800-PAB-MEH. SO ORDERED by Judge Daniel D. Domenico on 08/21/2020. Text Only Entry (athom, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 32 REPLY to Response to #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony DEFENDANT MARK SCHWARTZS REPLY IN SUPPORT OF HIS MOTION TO DISMISS AND FOR CRIMINAL REFERRAL AND SANCTIONS FOR PERJURY filed by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
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Filing 31
Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 August 2020. Defendants' Unopposed Motion to Defer this Court's Scheduling Order and Scheduling Confe[re]nce Until After this Court Hears and Rules on the Two Motions Pending Before It #29 is granted. The Court will impose a temporary stay of the proceedings pending final rulings on the pending motion forpermanent injunction (ECF #7 ) and motion to dismiss (ECF #19 ). The Scheduling Conference currently set on August 20, 2020 is vacated. The parties shall file a joint status report within five days after the order(s) resolving these motions, informing the Court of their availability for a scheduling conference in this case.(cmadr, ) [Transferred from Colorado on 4/2/2021.]
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Filing 30
ORDER REFERRING MOTION: #29 MOTION to Continue UNOPPOSED MOTION TO DEFER THIS COURTS SCHEDULING ORDER (D.6) AND SCHEDULING CONFENCE (D. 28) UNTIL AFTER THIS HONORABLE COURT HEARS AND/OR RULES ON THE TWO MOTIONS PENDING BEFORE IT (D.7) and (D.19) filed by Advanced Suture, Inc., Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 8/7/2020. Text Only Entry (dddlc3, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 29 MOTION to Continue UNOPPOSED MOTION TO DEFER THIS COURTS SCHEDULING ORDER (D.6) AND SCHEDULING CONFENCE (D. 28) UNTIL AFTER THIS HONORABLE COURT HEARS AND/OR RULES ON THE TWO MOTIONS PENDING BEFORE IT (D.7) and (D.19) by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
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Filing 28
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 7 August 2020. Due to a conflict in the Court's calendar, the Scheduling Conference currently set on August 18, 2020 is vacated and rescheduled to August 20, 2020 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. All other aspects of this Court's June 19, 2020 order remain in effect. (cmadr, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 27 BRIEF in Support of #7 MOTION for Permanent Injunction filed by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 26 BRIEF in Opposition to #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony filed by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 25 REPLY to Response to #7 MOTION for Permanent Injunction filed by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 24 NOTICE re #7 MOTION for Permanent Injunction by Plaintiffs Advanced Suture, Inc., Gregory Dumanian (Attachments: #1 Exhibit 1)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 23 NOTICE of Change of Address/Contact Information by Mark Alan Schwartz (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 Notice of Entry of Appearance, #16 Notice of Entry of Appearance, #17 Answer to Complaint, #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony filed by attorney Mark Alan Schwartz. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, ) [Transferred from Colorado on 4/2/2021.] |
| Filing 21 Conventionally Submitted Material : 1 USB Flash Drive - Exhibit I Recording to MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony #19 , re #20 Notice by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. Text Only Entry (athom, ) [Transferred from Colorado on 4/2/2021.] |
| Filing 20 NOTICE re #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony NOTICE OF FILING OF EXHIBIT I, RECORDING ON USB DRIVE MAILED TO THE COURT AND REFERENCED AS EX. I, RECORDING, (D.19-3) by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 19 MOTION to Dismiss , MOTION for Sanctions For Perjured Testimony, MOTION for Order to Show Cause For Perjured Testimony by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Attachments: #1 Exhibit September 10, 2019 Mutual Release and Settlement Agreement, #2 Exhibit September 5, 2019 Board Minutes Agreement, #3 Exhibit Ex. I, Recording of the September 3, 2019 Telephone Conversation Between Dumanian and Schwartz, #4 Exhibit Ex. II, Transcript of the September 3, 2019 Telephone Conversation Between Dumanian and Schwartz, #5 Exhibit Ex. III, Comparison Table - Dumanian's Illinois Declaration (D.60-2), #6 Exhibit Ex. IV, Comparison Table - Dumanian's Interpleader Declaration (129-1), #7 Exhibit Ex. V, Comparison Table - Dumanian's Advanced Suture Declaration (D.7-3), #8 Exhibit Ex. VI(a), Illinois Declarations (A-B) and Exhibits (1-54), #9 Exhibit Ex. VI(b), Illinois Declarations (C-F) and Exhibits (55-69))(Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 18 NOTICE of Entry of Appearance by Kimberly Briggs Still Berve on behalf of Advanced Suture, Inc., Gregory DumanianAttorney Kimberly Briggs Still Berve added to party Advanced Suture, Inc.(pty:pla), Attorney Kimberly Briggs Still Berve added to party Gregory Dumanian(pty:pla) (Berve, Kimberly) [Transferred from Colorado on 4/2/2021.] |
| Filing 17 ANSWER to #1 Complaint,, by Advanced Suture, Inc., Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz.(Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 16 NOTICE of Entry of Appearance by Mark Alan Schwartz on behalf of Advanced Suture, Inc.Attorney Mark Alan Schwartz added to party Advanced Suture, Inc.(pty:intv) (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
| Filing 15 NOTICE of Entry of Appearance by Mark Alan Schwartz on behalf of Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A SchwartzAttorney Mark Alan Schwartz added to party Mark Alan Schwartz Revocable Trust Dated 12/1/17(pty:dft), Attorney Mark Alan Schwartz added to party Mark A Schwartz(pty:dft) (Schwartz, Mark) [Transferred from Colorado on 4/2/2021.] |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/7/2020. Text Only Entry (dddlc3, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 13 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 20-cv-1800-DDD (angar, ) [Transferred from Colorado on 4/2/2021.] |
| Filing 12 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-01800-LTB. (Text Only Entry) (cmadr, ) [Transferred from Colorado on 4/2/2021.] |
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Filing 11
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6 July 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo.LCivR 40.1(c) #10 , the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Advanced Suture, Inc., Gregory Dumanian All parties do not consent.. (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Gregory A Dumanian, Advanced Suture, Inc.. Mark Alan Schwartz Revocable Trust Dated 12/1/17 waiver sent on 6/18/2020, answer due 8/17/2020. (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by Gregory A Dumanian, Advanced Suture, Inc.. Mark A Schwartz waiver sent on 6/18/2020, answer due 8/17/2020. (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 7 MOTION for Permanent Injunction by Plaintiffs Advanced Suture, Inc., Gregory A Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
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Filing 6
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/19/2020. Consent Form due by 7/29/2020. Proposed Scheduling Order due 8/11/2020. Scheduling Conference set for 8/18/2020 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (apesa, ) [Transferred from Colorado on 4/2/2021.]
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| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, ) [Transferred from Colorado on 4/2/2021.] |
| Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, ) [Transferred from Colorado on 4/2/2021.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 2 NOTICE of Related Cases by Plaintiffs Advanced Suture, Inc., Gregory A Dumanian (Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
| Filing 1 COMPLAINT against Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz (Filing fee $ 400,Receipt Number 1082-7347712)Attorney Matthew E. Johnson added to party Advanced Suture, Inc.(pty:pla), Attorney Matthew E. Johnson added to party Gregory A Dumanian(pty:pla), filed by Gregory A Dumanian, Advanced Suture, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Civil Cover Sheet, #16 Summons, #17 Summons)(Johnson, Matthew) [Transferred from Colorado on 4/2/2021.] |
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