Mlsna et al v. Pickett et al
| Robert Mlsna and Shannon E. Wright |
| Mark Pickett, Gary Pickett, Norbetta Pickett, Mark's Auto Sales and Pickett Towing Services |
| Gerald Wayne Webster |
| 3:2011cv50199 |
| July 7, 2011 |
| U.S. District Court for the Northern District of Illinois |
| Rockford Office |
| Winnebago |
| Iain D - Mag Judge Johnston |
| Frederick J Kapala |
| Environmental Matters |
| 42 U.S.C. § 6901 Resource & Recovery Act |
| None |
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| Filing 122 ENTERED JUDGMENT :Electronic notice(sb, ) |
Filing 121
ORDER: This matter comes before the court on a report and recommendation ("R&R") #120 from the magistrate judge recommending dismissal of this matter with prejudice. The magistrate judge reports that, at the March 31, 2015 status hearing on this case, plaintiffs' counsel made an oral representation that the case had settled and all proceeds had been received under the settlement, therefore the magistrate judge recommends dismissing the case with prejudice. Neither party has offered any objection to the R&R. Accordingly, there being no written objection to the report and recommendation of the magistrate judge, see 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985) and the court having reviewed the R&R, the court accepts the R&R #120 and dismisses the case with prejudice. This case is closed. Signed by the Honorable Frederick J. Kapala on 4/15/2015:mailed notice(pg, )
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Filing 120
ORDER, REPORT AND RECOMMENDATIONS Based on oral representation by Plaintiffs counsel indicating that a settlement distribution has been received. It is this Courts Report and Recommendation that the case be dismissed of all remaining claims to all remaining defendants with prejudice. Objections to R&R due by 4/14/2015 Signed by the Honorable Iain D. Johnston on 3/31/2015: (yxp, )
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| Filing 119 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing held on 1/29/2015 and continued to a telephonic status hearing set for 3/31/2015 at 9:00 AM. By 3/30/2015, counsel shall provide telephone numbers for the status hearing to the Court's operations specialist, who will initiate the call. The 3/31/2015 status hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 118 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing held on 12/4/2014 and continued to a telephonic status hearing set for 1/29/2015 at 9:00 AM. By 1/27/2015, counsel shall provide telephone numbers for the status hearing to the Court's operations specialist, who will initiate the call. The 1/29/2015 status hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 117 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 11/6/2014 and continued to a status hearing set for 12/4/2014 at 9:00 AM. The 12/4/2014 hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 116 MINUTE entry before the Honorable Iain D. Johnston: Plaintiff's counsel and defendant Mark Pickett's bankruptcy counsel are directed to jointly contact the bankruptcy trustee about the parties' settlement agreement. Plaintiff's counsel shall be prepared to discuss the results of the call at the status hearing previously set for 11/6/2014 at 9:00AM. Plaintiff's counsel shall forward a copy of this order to defendant Mark Pickett's bankruptcy counsel. (yxp, ) |
| Filing 115 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing held on 9/11/2014 and continued to a telephonic status hearing set for 11/6/2014 at 9:00 AM. Plaintiff is directed to contact the Court's operations specialist within 48 hours of the 11/6/2014 hearing to provide a phone number for appearance. The status hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 114 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 7/1/2014 and continued to a telephonic status hearing set for 9/11/2014 at 9:00 AM. Plaintiff is directed to contact the Court's operations specialist within 48 hours of the 9/11/2014 hearing to provide a phone number for appearance. The status hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 113 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing held on 6/3/2014 and continued to a status hearing set for 7/1/2014 at 9:00 AM. Status hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 112 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing held on 5/15/2014. Plaintiff's oral motion for status hearing regarding proceeding on default is granted. Telephonic status hearing regarding proceeding on default set for 6/3/2014 at 1:30 PM. Parties are directed to contact the Court's operations specialist within 48 hours of the 6/3 hearing to provide phone numbers for appearances. (yxp, ) |
| Filing 111 NOTICE by Robert Mlsna, Shannon E. Wright re other #110 (Iasparro, Michael) |
| Filing 110 Position Paper Regarding Defendants Mark Pickett, Mark's Auto Sales and Pickett Towing Services by Robert Mlsna, Shannon E. Wright (Iasparro, Michael) |
| Filing 109 MINUTE entry before the Honorable Frederick J. Kapala: Pursuant to stipulation of parties, defendants Gary Pickett and Norbetta Pickett are dismissed from this case with prejudice.Mailed notice (sb, ) |
| Filing 108 MINUTE entry before the Honorable Iain D. Johnston: The plaintiffs and defendants Gary and Norbetta Pickett have filed a stipulation to dismiss with prejudice, but only as to those two defendants. Three defendants would remain, Mark Pickett, Mark's Auto Sales, and Pickett Towing Service. On 9/21/2011, Judge Kapala accepted the report and recommendation that an order of default be entered against those three defendants, but a judgment against them was vacated on 4/3/2013. Because the stipulation to dismiss leaves the case pending against three defendants, the plaintiffs are directed to file a position paper by 5/7/2014 identifying how they intend to proceed against Mark Pickett, Mark's Auto Sales, and Pickett Towing Service. No position paper will be required if by 5/7/2014 the plaintiffs file a stipulation to dismiss those three defendants. (yxp, ) |
| Filing 107 STIPULATION of Dismissal (Iasparro, Michael) |
| Filing 106 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 4/3/2014 regarding Plaintiff's motion for rule to show cause Dkt. #103 . Plaintiff's motion is granted. Settlement to be enforced as originally agreed by the parties. Sale of the property to occur on or before 4/30/2014. The status hearing set for 5/15/2014 at 9:00 AM is reset to a telephonic status hearing set for 5/15/2014 at 1:30 PM. Parties are directed to notify the Court's operations specialist by 5/13 to provide phone numbers for appearances. (yxp, ) |
| Filing 105 MINUTE entry before the Honorable Iain D. Johnston: The presentment hearing on Plaintiff's motion for rule to show cause #103 set for 9:00 AM on 4/3/2014 will be heard at 10:00 AM on 4/3/2014. (yxp, ) |
| Filing 104 NOTICE of Motion by Michael F Iasparro for presentment of motion for rule to show cause #103 before Honorable Iain D. Johnston on 4/3/2014 at 09:00 AM. (Iasparro, Michael) |
| Filing 103 MOTION by Plaintiffs Robert Mlsna, Shannon E. Wright for rule to show cause Why Defendants Gary and Norbetta Should Not Be Held In Contempt (Iasparro, Michael) |
| Filing 102 MINUTE entry before the Honorable Iain D. Johnston: By way of agreement of the parties, the status hearing set for 3/20/2014 at 9:00 AM is reset to 5/15/2014 at 9:00 AM. No appearances are required on 3/20/2014. The parties shall file a joint written status report by 4/16/2014 indicating the status of the settlement, including when the parties expect to finalize settlement. Parties to appear in person at the 5/15/2014 status hearing. (yxp, ) |
| Filing 101 MINUTE entry before the Honorable Iain D. Johnston: Motion and status hearing held on 1/14/2014. Defendants agree to plaintiff's motion on the record. Plaintiff's motion to enforce settlement #98 is granted. Status hearing set for 3/20/2014 at 09:00 AM. The 3/20/2014 hearing will be stricken upon the filing of a stipulation to dismiss. (yxp, ) |
| Filing 100 MINUTE entry before the Honorable Iain D. Johnston: On plaintiffs' motion to enforce a settlement agreement #98 , the defendants may respond by 10:00AM on 1/13/2014. The status hearing and presentment of the motion previously set for 9:00AM on 1/14/2014 are moved to 10:00AM on that same date. The parties shall be prepared to argue the motion to enforce at that time. (yxp, ) |
| Filing 99 NOTICE of Motion by Michael F Iasparro for presentment of motion to enforce, #98 before Honorable Iain D. Johnston on 1/14/2014 at 09:00 AM. (Iasparro, Michael) |
| Filing 98 MOTION by Plaintiffs Robert Mlsna, Shannon E. Wright to enforce Settlement Agreement (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Iasparro, Michael) |
| Filing 97 MINUTE entry before the Honorable Iain D. Johnston: The Court has been notified that the parties have reached a settlement. The proposed pretrial order deadline and pretrial hearing set for 12/3/2013 are stricken. Status hearing set for 1/14/2014 at 09:00 AM. The 1/14/2014 status hearing will be stricken upon the filing of a stipulation of dismissal. (yxp, ) |
| Filing 96 MINUTE entry before Honorable Iain D. Johnston: Settlement conference held on 8/19/2013. No settlement was reached. Parties shall refer to Judge Kapala's web page at www.ilnd.uscourts.gov and reference the Standing Order for the Final Pretrial Order procedure. The parties shall jointly submit a proposed final pretrial order to Judge Johnston's proposed order email inbox no later than 11/22/2013. Plaintiff's counsel shall create the first draft of the pretrial order and provide the draft to defense counsel allowing sufficient time for the parties to submit the final draft by the 11/22/2013 deadline. Status hearing on the final pretrial order set for 12/03/2013 at 1:30 PM before Judge Johnston. (yxp, ) |
| Filing 95 MINUTE entry before Honorable Iain D. Johnston: The Court has received the plaintiff's position letter. Defendant's position letter is due on 8/13/2013. The confidential letters to chambers are to be delivered by noon on 8/15/2013. Parties are reminded to refer to the Court's Standing Order for Settlement Conference located on Judge Johnston's web page. (yxp, ) |
| Filing 94 MINUTE entry before Honorable Iain D. Johnston:Magistrate Judge Status hearing held on 6/6/2013. Settlement Conference set for 8/19/2013 at 11:00 AM. Parties are to refer to the court's standing order located on the court's webpage.Electronic notice (yxp, ) |
| Filing 93 MINUTE entry before Honorable Frederick J. Kapala: Third-party defendant's motion for summary judgment #60 is granted. Gerald Wayne Webster is dismissed fromthis action.[ For further details see text below.]Docketing mailed notice (pg, ) |
| Filing 92 MINUTE entry before Honorable Iain David Johnston: Status hearing held on 5/16/2013. Parties to exchange demand letters. Status hearing set for 6/6/2013 at 09:00 AM. (glg, ) |
| Filing 91 STATUS Report to Magistrate Judge Iain David Johnston by Mark's Auto Sales, Robert Mlsna, Gary Pickett, Mark Pickett, Norbetta Pickett, Pickett Towing Services, Gerald Wayne Webster, Shannon E. Wright (Iasparro, Michael) |
| Filing 90 MINUTE entry before Honorable Iain David Johnston:Status hearing set for 5/16/2013 at 09:00 AM. In light of the transfer of cases from Magistrate Judge Mahoney to Magistrate Judge Johnston, no later than 3 business days before the date this case is set for a status hearing as stated in this order, the parties shall file a status report, with a judges copy sent to chambers, containing the following information: 1. 1. The names of all parties and counsel of record; 2. A general description of the claims and affirmative defenses; 3. All dates established in the case management order. If a case management order has not been entered yet, the parties must state when such an order can be submitted to the Court. 4. Whether the case is proceeding in a manner that will allow the case to meet the deadlines established by the case management order; and if, not, why not. 5. Any anticipated discovery disputes that may arise in the near future, and any anticipated motions. 6. The status of discovery, including discovery conducted to date; 7. Whether the parties have discussed settlement. If the parties have discussed settlement, the parties must state the status of those discussions. If the parties have not discussed settlement, the parties must state why not. 8. Whether the parties believe a settlement conference at this time has a reasonable likelihood of reaching a resolution. If the parties do not believe a settlement conference is reasonably likely to reach a resolution, the parties must state the specific reasons for that belief. 9. Any significant rulings entered to date. 10. Any additional information the parties believe is relevant to provide the Court with a better understanding of the case. Counsel for all parties are to cooperate in providing the status report. The plaintiff's counsel shall provide a draft to the defendant's counsel in a reasonable amount of time to allow for sufficient input. In cases in which one of the sides is not represented by counsel, then counsel shall coordinate the drafting and filing of the status report. Counsel should also understand that the reassignment of cases from Magistrate Judge Mahoney to Magistrate Judge Johnston is not to be viewed as an opportunity to seek reconsideration of previous adverse rulings.Mailed notice (jat, ) |
| Filing 88 MINUTE entry before Honorable P. Michael Mahoney:Discovery hearing set for 5/8/2013 is stricken.Mailed notice (tsa, ) |
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Filing 89
EXECUTIVE COMMITTEE ORDER: It appearing that Iain D. Johnston has entered on duty as a Magistrate Judge for the Northern District of Illinois, with a duty station in Rockford, Illinois, effective May 4, 2013; therefore Pursuant to Internal Operating Procedure 17, the attached lists of civil cases and miscellaneous (M) cases previously pending before Magistrate Judge P. Michael Mahoney are hereby reassigned to Magistrate Judge Johnston. It is further ordered that the attached lists of civil and criminal case referrals previously before Magistrate Judge Mahoney are hereby transferred to Magistrate Judge Johnston. It is further ordered that all hearing dates set by Magistrate Judge Mahoney in the attached list of cases are hereby stricken. IT IS FURTHER ORDERED that this order is to become effective on May 6, 2013. Case referred to the Honorable Iain David Johnston. Signed by Executive Committee on 5/3/2013. (ef, )
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| Filing 87 MINUTE entry before Honorable Frederick J. Kapala: Plaintiffs' motion for partial summary judgment #56 is denied. The court's order accepting the report and recommendation of the magistrate judge and entering default judgment against defendants Mark Pickett, Mark's Auto Sales and Pickett Towing Service #55 is vacated and this matter is referred back to the magistrate judge for further consideration on the issue of damages.[ For further details see text below.] Docketing mailed notice (pg, ) |
| Filing 86 MINUTE entry before Honorable P. Michael Mahoney: Telephonic Discovery hearing held on 3/19/2013. Telephonic Discovery Hearing set for 5/8/2013 at 09:45 AM. Telephoned notice (glg, ) |
| Filing 85 MINUTE entry before Honorable P. Michael Mahoney: Plaintiff's Motion for rule to show cause #75 is withdrawn without prejudice. Mailed notice (glg, ) |
| Filing 84 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Amended Notice of Motion served on Mark Pickett for Pickett Towing Service on 01-14-2013 (Attachments: #1 Amended Notice of Motion, #2 Motion)(Hevrin, Matthew) |
| Filing 83 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Amended Notice of Motion served on Mark Picket for Mark's Auto Sales on 01-14-2013 (Attachments: #1 Amended Notice of Motion, #2 Motion)(Hevrin, Matthew) |
| Filing 82 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Amended Notice of Motion served on Mark Pickett on 01-14-2013 (Attachments: #1 Amened Notice of Motion, #2 Motion)(Hevrin, Matthew) |
| Filing 81 NOTICE of Motion by Matthew M. Hevrin for presentment of motion for order #75 before Honorable P. Michael Mahoney on 1/25/2013 at 02:00 PM. (Hevrin, Matthew) |
| Filing 80 ATTORNEY Appearance for Plaintiffs Robert Mlsna, Shannon E. Wright by Matthew M. Hevrin (Hevrin, Matthew) |
| Filing 79 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Notice and Motion for Entry of Rule to Show Cause Order served on Mark Picket for Mark's Auto Sales on 12-28-2012 (Attachments: #1 Notice, #2 Motion)(Hevrin, Matthew) |
| Filing 78 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Notice and Motion for Entry of Rule to Show Cause Order served on Mark Pickett for Pickett Towing Services on 12-28-2012 (Attachments: #1 Notice, #2 Motion)(Hevrin, Matthew) |
| Filing 77 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Notice and Motion for Entry of Rule to Show Cause Order served on Mark Pickett on 12-28-2012 (Attachments: #1 Notice of Motion, #2 Motion)(Hevrin, Matthew) |
| Filing 76 NOTICE of Motion by Matthew M. Hevrin for presentment of motion for order #75 before Honorable Frederick J. Kapala on 1/18/2013 at 09:00 AM. (Hevrin, Matthew) |
| Filing 75 MOTION by Plaintiff Robert Mlsna for order of Entry of Rule to Show Cause (Hevrin, Matthew) |
| Filing 74 NOTICE by Gerald Wayne Webster re reply #73 (Beilke, Jody) |
| Filing 73 REPLY by Third Party Defendant Gerald Wayne Webster in Support of his Rule 56 Motion for Summary Judgment (Beilke, Jody) |
| Filing 72 REPLY by Plaintiffs Robert Mlsna, Shannon E. Wright to motion for partial summary judgment #56 (Attachments: #1 Exhibit A)(Iasparro, Michael) |
| Filing 71 MINUTE entry before Honorable P. Michael Mahoney: Hearing on citation to discover assets held on 11/30/2012. Respondents do not appear. Court finds that service has been effectuated. If plaintiff believes a rule to show cause is necessary and reasonable, a rule to show cause should be noticed before the District Court. Mailed notice (glg, ) |
| Filing 70 RESPONSE by Gary Pickett, Norbetta Pickettin Opposition to MOTION by Third Party Defendant Gerald Wayne Webster for summary judgment #60 (pg, ) |
| Filing 69 RESPONSE by Gary Pickett, Norbetta Pickettin Opposition to MOTION by Plaintiffs Shannon E. Wright, Robert Mlsna for partial summary judgment #56 (pg, ) |
| Filing 68 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Citation to Discover Assets and Citation Notice served on Pickett's Towing Services, c/o Mark A. Pickett on 11/21/2012 (Attachments: #1 Citation to Discover Assets, #2 Citation Notice)(Hevrin, Matthew) |
| Filing 67 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Citation to Discover Assets and Citation Notice served on Mark's Auto Sales, c/o Mark A. Pickett on 11/21/2012 (Attachments: #1 Citation to Discover Assets, #2 Citation Notice)(Hevrin, Matthew) |
| Filing 66 AFFIDAVIT of Service filed by Plaintiff Robert Mlsna regarding Citation to Discover Assets and Citation Notice served on Mark A. Pickett on 11/21/2012 (Attachments: #1 Citation to Discover Assets, #2 Citation Notice)(Hevrin, Matthew) |
| Filing 65 CITATION to Discover Assets issued as to Pickett Towing Services, Marks Auto Sales, Mark Pickett. (pg, ) |
| Filing 64 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 11/14/2012. Plaintiffs' Motion for partial summary judgment #56 and Webster's MOTION for summary judgment #60 are taken under advisement. Set deadlines as to motion for summary judgment #60 , motion for partial summary judgment #56 : Responses due by 11/28/2012 Replies due by 12/5/2012. If a party is not going to file a brief in response or reply, it is the obligation of that party, within the time frame established by this order, to so notify the court in writing. Telephonic Discovery Hearing set for 3/19/2013 at 09:45 AM. Plaintiff to place the call. Mailed notice (glg, ) |
| Filing 63 MEMORANDUM by Gerald Wayne Webster in support of motion for summary judgment #60 (Beilke, Jody) |
| Filing 62 RULE 56 1(a)(3) Statement by Gerald Wayne Webster regarding motion for summary judgment #60 (Attachments: #1 Exhibit Third Party Complaint, #2 Exhibit Picketts Answers to Third Partys Interrogatories, #3 Exhibit Complaint, #4 Exhibit Docket Entry 09-27-12, #5 Affidavit Webster Affidavit, #6 Exhibit Third Partys Supplemental Answers to Third Partys Interrogatories, #7 Exhibit Third Partys Responses to Third Partys RTA, #8 Exhibit Amended Answer to Third Party Complaint, #9 Exhibit Third Party Answers to Third Party Interrogatories, #10 Exhibit Plaintiffs Responses to Defendants Interrogatories, #11 Exhibit Plaintiffs Responses to Defendants RTP, #12 Exhibit List of Incidents, #13 Exhibit Answer to RTP, #14 Exhibit Answer to Second Set of Interrogatories)(Beilke, Jody) |
| Filing 61 NOTICE of Motion by Jody L. Beilke for presentment of motion for summary judgment #60 before Honorable P. Michael Mahoney on 11/14/2012 at 01:30 PM. (Beilke, Jody) |
| Filing 60 MOTION by Third Party Defendant Gerald Wayne Webster for summary judgment (Beilke, Jody) |
| Filing 59 RULE 56 1(a)(3) Statement by Robert Mlsna, Shannon E. Wright regarding motion for partial summary judgment #56 (Attachments: #1 Affidavit of Robert Mlsna, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (Part 1), #8 Exhibit F (Part 2), #9 Exhibit F (Part 3), #10 Exhibit G (Part 1), #11 Exhibit G (Part 2), #12 Exhibit G (Part 3), #13 Exhibit H, #14 Exhibit I, #15 Affidavit of Shannon E. Wright, #16 Affidavit of Luther Landon, #17 Exhibit A, #18 Exhibit B, #19 Exhibit C (Part 1), #20 Exhibit C (Part 2), #21 Exhibit C (Part 3), #22 Exhibit C (Part 4), #23 Exhibit C (Part 5), #24 Exhibit C (Part 6), #25 Exhibit C (Part 7))(Iasparro, Michael) |
| Filing 58 MEMORANDUM by Robert Mlsna, Shannon E. Wright in support of motion for partial summary judgment #56 (Iasparro, Michael) |
| Filing 57 NOTICE of Motion by Michael F Iasparro for presentment of motion for partial summary judgment #56 before Honorable P. Michael Mahoney on 11/14/2012 at 01:30 PM. (Iasparro, Michael) |
| Filing 56 MOTION by Plaintiffs Shannon E. Wright, Robert Mlsna for partial summary judgment (Iasparro, Michael) |
| Filing 55 MINUTE entry before Honorable Frederick J. Kapala: There being no written objection to the report and recommendation of the magistrate judge entered on 8/21/2012, see 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985), and the court having reviewed the report and recommendation, the court accepts the report and recommendation and grants plaintiff's motion for entry of default judgment #40 as to defendants Mark Pickett, Mark's Auto Sales and Pickett Towing Service in the amount of $922,712.76. The case remains open as to defendants Gary Pickett and Norbetta Pickett.Docketing mailed notice (pg, ) |
| Filing 54 Amended ANSWER to Third Party Complaint by Gerald Wayne Webster(Beilke, Jody) |
| Filing 53 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 9/5/2012. Defendant's Motion for extension of time to complete discovery #51 is granted. Third party's Motion to file amended answer #52 by 9/12/12 is granted. Fact Discovery ordered closed by 10/5/2012. Dipositive Motions due by 11/13/2012. Discovery Hearing set for 11/14/2012 at 01:30 PM. (glg, ) |
| Filing 52 MOTION by Third Party Defendant Gerald Wayne Webster to amend/correct answer to third party complaint #37 (Beilke, Jody) |
| Filing 51 MOTION by Defendants Gary Pickett, Norbetta Pickett for extension of time to complete discovery (pg, ) |
| Filing 50 ATTORNEY Appearance for Defendants Gary Pickett, Norbetta Pickett by James Edward Meason (pg, ) |
| Filing 49 REPORT AND RECOMMENDATION signed by the Honorable P. Michael Mahoney on 8/21/2012: It is the report and recommendation of the Magistrate Judge that the District Court grant Plaintiffs' motion for default judgment #40 in the amount of $922,712.76. Parties have fourteen days from service of this order, as calculated under Rule 6, to file objections with Judge Kapala pursuant to FRCP 72. Objections need not be presented as stated in LR.5.3. A failure to file timely objections may result in waiver of issues on appeal. [For further details see order.] Notices mailed by Judicial staff. (Attachments: #1 Exhibit)(jat, ) |
| Filing 48 MINUTE entry before Honorable P. Michael Mahoney: Discovery Hearing set for 9/5/2012 at 01:30 PM. Mailed notice (glg, ) |
| Filing 47 MINUTE entry before Honorable P. Michael Mahoney: Discovery/Evidentiary hearing held on 7/25/2012. Plaintiff's Motion for default judgment #40 is taken under advisement. Malled notice (glg, ) |
| Filing 46 MINUTE entry before Honorable P. Michael Mahoney: Defendant's Motion to reset #43 is granted. Settlement conference stricken. Fact Discovery ordered closed by 9/5/2012. Dispositive Motions due by 10/5/2012. Plaintiff's Motion for default judgment #40 is entered and continued for prove up set for Discovery Hearing set for 7/25/2012 at 02:30 PM. (glg, ) |
| Filing 45 NOTICE of Motion by Jody L. Beilke for presentment of motion to reset #43 before Honorable P. Michael Mahoney on 6/20/2012 at 01:30 PM. (Beilke, Jody) |
| Filing 44 NOTICE of Motion by Jody L. Beilke for presentment of motion to reset #43 before Honorable P. Michael Mahoney on 6/15/2012 at 01:30 PM. (Beilke, Jody) |
| Filing 43 MOTION by Third Party Defendant Gerald Wayne Webster to reset 07/10/2012 Settlement Conference (Beilke, Jody) Modified on 6/5/2012 (jat, ). (attached document has the incorrect case number) |
| Filing 42 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 5/11/2012. Plaintiff's Motion for default judgment #40 is entered and continued to Settlement Conference set for 7/10/2012 at 01:30 PM. Real parties in interest to be present. Counsel to submit 3 page settlement document to chambers by 7/9/12. (glg, ) |
| Filing 41 NOTICE of Motion by Michael F Iasparro for presentment of motion for default judgment #40 before Honorable P. Michael Mahoney on 5/11/2012 at 01:30 PM. (Iasparro, Michael) |
| Filing 40 MOTION by Plaintiffs Robert Mlsna, Shannon E. Wright for default judgment as to Defendants Mark Pickett, Mark's Auto Sales, & Pickett Towing Services (Iasparro, Michael) |
| Filing 39 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 4/6/2012. Discovery Hearing to reset discovery scheduling set for 5/11/2012 at 01:30 PM. (glg, ) |
| Filing 38 NOTICE by Gerald Wayne Webster re answer to third party complaint #37 (Beilke, Jody) |
| Filing 37 ANSWER to Third Party Complaint by Gerald Wayne Webster(Beilke, Jody) |
| Filing 36 NOTICE by Gerald Wayne Webster re attorney appearance #35 (Booher, Jody) (Beilke, Jody) |
| Filing 35 ATTORNEY Appearance for Third Party Defendant Gerald Wayne Webster by Jody L. Beilke n/k/a Jody L. Booher (Beilke, Jody) |
| Filing 34 NOTICE by Gerald Wayne Webster re attorney appearance #33 (Stevens, James) |
| Filing 33 ATTORNEY Appearance for Third Party Defendant Gerald Wayne Webster by James E. Stevens (Stevens, James) |
| Filing 32 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 2/15/2012. Discovery Hearing set for 4/6/2012 at 01:30 PM. (glg, ) |
| Filing 31 SUMMONS Issued as to Third Party Defendant Gerald Wayne Webster (jat, ) |
| Filing 30 THIRD party complaint by Norbetta Pickett, Gary Pickett against Gerald Wayne Webster. (Attachments: #1 Supplement 3rd Party Summons 1, #2 Supplement 3rd Party Summons 2)(Lowe, Robert) |
| Filing 29 MINUTE entry before Honorable P. Michael Mahoney: Defendant's Motion to join third party #27 is granted. (glg, ) |
| Filing 28 Defendants NOTICE of Motion by Robert Dean Lowe for presentment of motion to join #27 before Honorable P. Michael Mahoney on 1/6/2012 at 01:30 PM. (Lowe, Robert) |
| Filing 27 MOTION by Defendants Gary Pickett, Norbetta Pickett to join 3rd Party (Lowe, Robert) |
| Filing 26 MINUTE entry before Honorable P. Michael Mahoney: Discovery hearing held on 12/16/2011. Discovery Hearing to set settlement conference set for 2/15/2012 at 01:30 PM. (glg, ) |
| Filing 25 ATTORNEY Appearance for Defendants Gary Pickett, Norbetta Pickett, Cross Claimants Gary Pickett, Norbetta Pickett by Robert Dean Lowe (Lowe, Robert) |
| Filing 24 NOTICE by Gary Pickett, Norbetta Pickett re answer to complaint,, crossclaim, #23 FRCP 12 DEFENSES and AFFIRMATIVE DEFENSES (May, Robert) |
| Filing 23 1ST AMENDED ANSWER to Complaint FRCP 12 DEFENSES and AFFIRMATIVE DEFENSES, CROSSCLAIM by Gary Pickett, Norbetta Pickett against Mark's Auto Sales, Mark Pickett, Pickett Towing Services. by Gary Pickett, Norbetta Pickett(May, Robert) |
| Filing 22 MINUTE entry before Honorable P. Michael Mahoney: Defendant's Motion to amend #19 is granted. Initial Pretrial conference held on 10/14/2011. Case management order approved. FRCP 26(a)(1) disclosure due 11/14/11. FRCP 26(a)(2) reserved. Amended Pleadings due by 12/30/2011. Fact Discovery ordered closed by 5/11/2012. Dispositive Motions due by 7/31/2012. Discovery Hearing set for 12/16/2011 at 01:30 PM. (glg, ) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting (Iasparro, Michael) |
| Filing 20 NOTICE of Motion by Robert F May for presentment of motion to amend/correct, motion for relief #19 before Honorable P. Michael Mahoney on 10/14/2011 at 01:30 PM. (May, Robert) |
| Filing 19 MOTION by Defendants Gary Pickett, Norbetta Pickett to amend/correct answer to complaint #15 (May, Robert) |
| Filing 18 MINUTE entry before Honorable Frederick J. Kapala: There being no written objection to the report and recommendation of the magistrate judge entered on 8/17/2011, see 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985), and the court having reviewed the report and recommendation, the court accepts the report and recommendation and grants plaintiff's motion for entry of default judgment #13 as to defendants Mark Pickett, Mark's Auto Sales and Pickett Towing Service. The parties are referred to the Magistrate Judge to schedule a prove-up hearing. The case remains open as to defendants Gary Pickett and Norbetta Pickett. Docketing mailed notice (pg, ) |
| Filing 17 MINUTE entry before Honorable P. Michael Mahoney: Status hearing held on 9/9/2011. It is the Report and Recommendation of the Magistrate Judge that the District Court grant Plaintiff's Motion for entry of default #13 and set a date or return to the Magistrate Judge for prove-up. Parties are given fourteen days from service of this order, as calculated under Rule 6 to file objections with Judge Kapala pursuant to FRCP 72. Objections need not be presented as stated in LR.5.3. Counsel to hold Rule 26 Meeting. Case management order due by 10/13/2011. Initial Pretrial Conference set for 10/14/2011 at 01:30 PM. Mailed notice (glg, ) |
| Filing 16 NOTICE by Gary Pickett, Norbetta Pickett re answer to complaint #15 12(b) Defenses/Objections, and Affirmative Defenses (May, Robert) |
| Filing 15 ANSWER to Complaint by Gary Pickett, Norbetta Pickett(May, Robert) |
| Filing 14 NOTICE of Motion by Michael F Iasparro for presentment of motion for entry of default #13 before Honorable P. Michael Mahoney on 9/9/2011 at 01:30 PM. (Iasparro, Michael) |
| Filing 13 MOTION by Plaintiffs Robert Mlsna, Shannon E. Wright for entry of default Against Defendants Mark Pickett, Mark's Auto Sales and Pickett Towing Service (Iasparro, Michael) |
| Filing 12 SUMMONS Returned Executed by Robert Mlsna, Shannon E. Wright as to Mark Pickett on 8/9/2011, answer due 8/30/2011. (Iasparro, Michael) |
| Filing 11 SUMMONS Returned Executed by Robert Mlsna, Shannon E. Wright as to Mark's Auto Sales on 8/9/2011, answer due 8/30/2011. (Iasparro, Michael) |
| Filing 10 SUMMONS Returned Executed by Robert Mlsna, Shannon E. Wright as to Pickett Towing Services on 8/9/2011, answer due 8/30/2011. (Iasparro, Michael) |
| Filing 9 MINUTE entry before Honorable P. Michael Mahoney: Status hearing held on 8/12/2011. Status hearing set for 9/9/2011 at 01:30 PM. (glg, ) |
| Filing 8 ATTORNEY Appearance for Defendants Gary Pickett, Norbetta Pickett by Robert F May (May, Robert) |
| Filing 7 SUMMONS Issued as to Defendants Mark's Auto Sales, Mark Pickett, Pickett Towing Services (pg, ) |
| Filing 6 MINUTE entry before Honorable P. Michael Mahoney: Status hearing set for 8/12/2011 at 01:30 PM. Plaintiff is directed to notify any party filing an appearance subsequent to the entry of this order, of the status hearing. Mailed notice (glg, ) |
| Filing 5 WAIVER OF SERVICE returned executed by Robert Mlsna, Shannon E. Wright. Gary Pickett waiver sent on 7/11/2011, answer due 9/9/2011; Norbetta Pickett waiver sent on 7/11/2011, answer due 9/9/2011. (Iasparro, Michael) |
| CASE ASSIGNED to the Honorable Frederick J. Kapala and Honorable P. Michael Mahoney. Designated as Magistrate Judge the Honorable P. Michael Mahoney. (pg, ) |
| THIS matter is referred to the Honorable P. Michael Mahoney pursuant to Internal Operating Procedure 11(d) (pg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Robert Mlsna, Shannon E. Wright by Michael F Iasparro (Iasparro, Michael) |
| Filing 2 CIVIL Cover Sheet (Iasparro, Michael) |
| Filing 1 COMPLAINT filed by Robert Mlsna, Shannon E. Wright; Filing fee $ 350. (Attachments: #1 Exhibit A)(Iasparro, Michael) |
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