EPPLEY, MD, DMD v. IACOVELLI
Plaintiff: DR. BARRY EPPLEY, MD, DMD
:
Case Number: 1:2009cv00386
Filed: March 30, 2009
Court: US District Court for the Southern District of Indiana
Office: E Office
County: Hamilton
Presiding Judge: Sarah Evans Barker
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: None
Cause of Action: E
Jury Demanded By: 28:1332 Diversity-Libel,Assault,Slander

Available Case Documents

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Date Filed Document Text
May 5, 2011 Opinion or Order Filing 265 Entry and Notice - (See Entry) Consistent with the foregoing, the previously-referenced recent mailing of materials sent to a non court authorized location, to wit, a residential address, shall be returned to Mr. Bergeron with a copy of this Entry an d a copy of the Entry issued on March 12, 2010. Further, inclusion of the residential address alluded to in Part I of this Entry in the certificate of service on the notice of appeal and related documents is also improper and specifically unauthorized. To remedy this error, the clerk shall seal the documents docketed at 257-262, redact the residential address used in these documents, and redocket the redacted documents. Signed by Judge Sarah Evans Barker on 5/5/2011. c/m (cc: USCA)(TMA)
March 30, 2011 Opinion or Order Filing 255 CLOSED JUDGMENT - The Plaintiff shall recover from the Defendant for the defamation, trade disparagement, harassment, false-light publicity and violations of § 43 of the Lanham Act, 15 U.S.C. § 1125, through false designation and descriptio n of fact the sum of Twenty-Five Thousand Dollars ($25,000.00). JUDGMENT on Attorney Fees; The Plaintiff shall recover his costs in this action and shall also recover from the Defendant the sum of $16,725. in attorney fees. PERMANENT INJUNCTION *** SEE JUDGMENT ***. Signed by Judge Sarah Evans Barker on 3/30/2011.(CKM)
October 7, 2010 Opinion or Order Filing 226 ORDER denying 219 Motion for Leave to Appeal in forma pauperis. Signed by Judge Sarah Evans Barker on 10/7/2010. c/m (cc: USCA re: CA #10-3215.) (TMA)
August 20, 2010 Opinion or Order Filing 207 ORDER (Amended) Imposing Sanctions on Richard Bergeron for his Contempt of Court (See Order). Signed by Judge Sarah Evans Barker on 8/20/2010.(MAC)
August 17, 2010 Opinion or Order Filing 205 Entry Discussing Plaintiff's Motion for Summary Judgment: GRANTED 177 Motion for Summary Judgment. Dr. Eppley, as the prevailing party, may seek attorney fees for work associated with the Lanham Act. He shall have through September 21, 2010, in which to file a petition for such fees and submit further evidence as to damages. Final judgment shall not issue at this time. Dr. Eppley shall tender the form of a proposed permanent injunction which is sought **SEE ENTRY**. Signed by Judge Sarah Evans Barker on 8/17/2010. (DWH)
March 12, 2010 Opinion or Order Filing 167 ENTRY and Notice addressing materials sent to the Court and its staff by e-mail. The parties are reminded that all materials intended for filing must be presented in accord with Rule 5 and with Local Rule 5.1 in order for those materials to be filed. Efforts to circumvent the filing rules reviewed and repeated in Part I of this Entry have been persistent, egregious, and disruptive to the proper administration of this litigation. The parties, their counsel, and others, including Mr. Bergeron, an d those acting on their behalf, shall not attempt to contact members of the Courts staff or that of the Clerk by email or by fax, and shall confine their actions in filing or tendering materials for filing to the directions heretofore issued and those reviewed and repeated in Part I of this Entry. Any violation of the foregoing will constitute contempt of court and will be dealt with accordingly. (S.E.). Signed by Judge Sarah Evans Barker on 3/12/2010.(MAC)
February 25, 2010 Opinion or Order Filing 159 ORDER Finding Richard Bergeron in Contempt of Court and Taking Sanctions Under Advisement (See Order) cm. Signed by Judge Sarah Evans Barker on 2/25/2010.(MAC)
February 12, 2010 Opinion or Order Filing 151 ENTRY and Notice - the clerk shall make the record in this case available to Mr. Bergeron for inspection and copying at noon on February 16, 2010 and shall make a copy of any filing or ruling he requests without charge. (S.E.) cm. Signed by Judge Sarah Evans Barker on 2/12/2010.(MAC)
February 11, 2010 Opinion or Order Filing 150 ENTRY re 141 Declaration of Rich Bergeron. Any portion of his Declaration which can be understood as a request for the recusal of the undersigned is denied. The hearing of February 16, 2010, involving Mr. Bergeron remains set. Signed by Judge Sarah Evans Barker on 2/11/2010.(MAC)
February 10, 2010 Opinion or Order Filing 148 ORDER denying 147 Motion to Appear Telephonically by Rich Bergeron (See Order) cm. Signed by Judge Sarah Evans Barker on 2/10/2010. (MAC)
December 31, 2009 Opinion or Order Filing 132 RULE TO SHOW CAUSE to Rich Bergeron - The filings in this action reveal that you, Rich Bergeron, are among those acting in concert with the defendant, you shall have through January 19, 2010, in which to show cause in writing why you, too, should not be found in contempt of this court's orders and sanctioned accordingly. Signed by Judge Sarah Evans Barker on 12/31/2009. c/m (TMA)
April 17, 2009 Opinion or Order Filing 47 PRELIMINARY INJUNCTION enjoining certain communications and conduct on the part of Defendant, her agents, those in active concert and participation with her, and those who have offered their services to her. See Preliminary Injunction for specifics. Signed by Judge Sarah Evans Barker on 4/17/2009.(PGS)
April 16, 2009 Opinion or Order Filing 40 ENTRY DENYING APRIL 14, 2009,REQUEST FOR RECUSAL. Signed by Judge Sarah Evans Barker on 4/16/2009.(PGS)
March 30, 2009 Opinion or Order Filing 11 ORDER granting 9 Plaintiff's Motion for Temporary Restraining Order. Show Cause Hearing set for 4/7/2009 at 02:30 PM in room #216 before Judge Sarah Evans Barker at which Defendant shall appear and show cause why a preliminary injunction should not be issued to preliminarily enjoin her, and those acting in active concert with her during the pendency of this action. Signed by Judge Sarah Evans Barker on 3/30/2009. (PGS)
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Represented By: LUCILLE IACOVELLI
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Plaintiff: DR. BARRY EPPLEY, MD, DMD
Represented By: Gary P. Price
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