United Capital Management of Kansas, Inc. et al v. Nelson
Plaintiff: United Capital Management of Kansas, Inc. and Chad M. Koehn
Defendant: Michael E. Nelson
Counter Defendant: John and Jane Does 1-15, Doe Corporations 1-15, John and Jane Does 1-25 and Doe Corporations 1-53
Case Number: 5:2022cv04008
Filed: February 1, 2022
Court: US District Court for the District of Kansas
Presiding Judge: Gwynne E Birzer
Referring Judge: John W Broomes
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal Libel,Assault,Slander
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2022 Opinion or Order Filing 219 ORDER. At the 9/6/2022 Status Conference, the Court and parties further discussed electronic notification and service. At this time, Defendant still has not registered as a filing user with the Court therefore he has not consented to the electronic service of documents. See D. Kan. R. 5.4.2(e). Plaintiffs shall serve hard copies of all pleadings identified in Fed. R. Civ. P. 7(a); any motion, response, or reply thereto; any notice, certificate, or objection; or any other document filed with the Court as well as all discovery and disclosures identified in D. Kan. R. 26.3(a) on Defendant via U. S. Mail at the address Defendant provided to the Court and certify same to the Court per D. Kan. R. 5.1(g), 5.4.9(c), and 26.3(c). The Court recognizes it has continued to discuss service with the parties and therefore clarifies this order supersedes its prior orders regarding service at ECF Nos. 63 and 123. It additionally supersedes the Court's order at ECF No. 67 to the extent it addresses service of discovery. The Court's orders regarding the communications between the parties addressed in ECF No. 67 remain in effect. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 9/8/2022. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
September 8, 2022 Opinion or Order Filing 218 ORDER. The Court conducted a Zoom Status Conference in this case on 9/6/2022. Plaintiffs appeared through counsel, Christopher Kellogg and Craig Brand. Defendant, pro se, appeared by Zoom. After a thorough discussion, the Court enters the following orders. Defendant's deadline to respond to Plaintiff/Counter-Defendants' First Interrogatories to Defendant/Counter-Plaintiff Michael Nelson is extended up to and including 9/19/2022. This deadline will not be further extended. Plaintiffs shall file any motion to quash as discussed during the conference no later than 9/13/2022. The next Status Conference before Magistrate Judge Gwynne E. Birzer is set for 10/4/2022 at 08:30 AM by Zoom. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 9/8/2022. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
September 8, 2022 Opinion or Order Filing 217 PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 9/8/2022.Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (kf)
September 7, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #215 MOTION for Writ. The motion will be resolved by the District Judge. (kf)
September 6, 2022 Opinion or Order Filing 216 NOTICE of Compliance Refile of Document 104 & 105 by Michael E. Nelson (msb)
September 6, 2022 Opinion or Order Filing 215 MOTION for Writ (EMERGENCY REQUEST of WRIT of coram nobis, concerning Local Rule 83.6.3) by Defendant Michael E. Nelson (Attachment: #1 Exhibit A - Letter Chief Judge Eric Melgren)(msb)
September 6, 2022 Opinion or Order Filing 214 NOTICE of Withdrawal of Subpoenas which do not comport with the Orders of Judge Birzer for having more than 1 name or not having the home address of person being Subpoenaed by Michael E. Nelson: Docket Entries 164, 166-176, 184 through 193, 195 through 212 (msb)
September 6, 2022 Opinion or Order Filing 213 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 9/6/2022. (Tape #8:35-9:40.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
September 2, 2022 Opinion or Order Filing 212 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Heather Jantz. (Attachment: #1 Exhibit A - Heather Jantz Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 211 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Glenn Brands. (Attachment: #1 Exhibit A - Glenn Brands Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 210 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Douglas W. Rempp (Attachment: #1 Exhibit A - Douglas W. Rempp Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 209 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Mark Lofing. (Attachment: #1 Exhibit A - Mark Lofing Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 208 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Kelly & Rebecca Leon. (Attachment: #1 Exhibit A - Kelly & Rebecca Leon)(msb)
September 1, 2022 Opinion or Order Filing 207 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Joey & Alison Errington. (Attachment: #1 Exhibit A - Joey & Alison Errington Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 206 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Jim & Sherri Fouts. (Attachment: #1 Exhibit A - Jim & Sherri Fouts Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 205 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Michael & Roselene Braxmeyer. (Attachment: #1 Exhibit A - Michael & Roselene Braxmeyer Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 204 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Mark & Connie. (Attachment: #1 Exhibit A - Mark & Connie Cole Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 203 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Marion & Susan Dome. (Attachment: #1 Exhibit A - Marion & Susan Dome Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 202 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Laura Nelson. (Attachment: #1 Exhibit A - Laura Nelson Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 201 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Joyce A. Barkman. (Attachment: #1 Exhibit A - Joyce A. Barkman Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 200 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: John Horacek. (Attachment: #1 Exhibit A - John Horacek Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 199 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Jerry & Diana Mihm. (Attachment: #1 Exhibit A - Jerry & Diana Mihm Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 198 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson: Subpoena to be issued to: Jerry Short. (Attachment: #1 Exhibit A - Jerry Short Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 197 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Charles & Sandra Worden. (Attachment: #1 Exhibit A - Charles & Sandra Worden Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 196 NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Curtis & Lisa Weninger. (Attachment: #1 Exhibit A - Curtis & Lisa Weninger Subpoena)(msb)
September 1, 2022 Opinion or Order Filing 195 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Charles & Marsha Weaver (Attachments: #1 Exhibit A - Charles & Marsha Weaver Suboena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 194 ORDER. Defendant's motions asked the Court to issue certain Rule 45 subpoenas for records. Fed. R. Civ. P. 45(a)(4) requires the provision of notice and the service of a copy of the subpoena on each party. The motions do not attach the subpoena to be issued. Based upon a review of the docket, Defendant has now filed a Notice of Intent for the subpoena sought in his motion at #118 . See ECF No. 165. He may file a Notice of Intent for the subpoena sought in #120 . Therefore the Court finds as moot #118 Motion Issuance of Subpoena for Records and finds as moot #120 Motion Issuance of Subpoena for Records. Signed by Magistrate Judge Gwynne E. Birzer on 9/1/2022. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
September 1, 2022 Opinion or Order Filing 193 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Debra Shirack. (Attachment: #1 Exhibit A - Debra Shirack Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 192 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Charlotte M. Regan. (Attachment: #1 Exhibit A - Charlotte M. Regan Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 191 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Craig & Melissa Piercy. (Attachment: #1 Exhibit A - Craig & Melissa Piercy Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 190 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Bob Ott. (Attachment: #1 Exhibit A - Bob Ott Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 189 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Douglas & Sharon Loewen. (Attachment: #1 Exhibit A - Douglas & Sharon Loewen Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 188 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Brian L. & Sally Keeler. (Attachment: #1 Exhibit A - Brian L. & Sally Keeler Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 187 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Brad & Christine Harding. (Attachment: #1 Exhibit A - Brad & Christine Harding Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 186 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Brad & Trisha Hake. (Attachment: #1 Exhibit A - Brad & Trisha Hake Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 185 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Darrell & Norma Griffin. (Attachment: #1 Exhibit A - Darrell & Norma Griffin Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 184 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA by Michael E. Nelson. Subpoena to be issued to: Eric & Valorie Everhart. (Attachment: #1 Exhibit A - Eric & Valorie Everhart Subpoena)(msb) Modified text on 9/7/2022 (msb).
September 1, 2022 Opinion or Order Filing 183 ORDER striking (SEE ORDER FOR FURTHER DETAILS) #68 Objection to Order of Magistrate Judge, #69 Motion to Dismiss, #81 Objection to Order of Magistrate Judge, #89 Motion to Dismiss, #91 Objection to Order of Magistrate Judge, #94 Motion to Disqualify Counsel, #96 Motion for Judicial Notice, #99 Motion for Judicial Notice, #101 Motion for Default Judgment, #109 Motion for Order, #110 Motion for Judicial Notice, #116 Motion for Order, #117 Motion for Order, #119 Motion for Order, #144 Objections and Motion for Review, #104 Certifcate of Service/Motion for Compliance, #152 Notice of Violations to rule 83.6.1, #153 Notice of Formal Written Complaint Under rule 83.6.3, #155 Notice of Violations to Rule 83.6.1 & #156 Notice to Cease and Desist. Defendant shall have 14 days from the date this order is filed to refile any motions and supporting and/or responsive briefs. Signed by District Judge John W. Broomes on 9/1/22. Mailed to pro se party Michael Nelson by regular mail. (msb)
September 1, 2022 Opinion or Order Filing 182 MEMORANDUM AND ORDER denying #113 Motion for Recusal. Signed by Magistrate Judge Gwynne E. Birzer on 9/1/2022. Mailed to pro se party Michael E. Nelson by regular mail. (kas)
August 31, 2022 Opinion or Order Filing 181 NOTICE of VIOLATIONS TO LOCAL RULES BY CHRISTOPHER JON KELLOGG continuing Violations of Rules of the Court under 26.3 and 83.6.1 without limitation negatively affecting and tainting the merits of the litigation being allowed toviolate the Local Rules of the Court with total impunity by Michael E. Nelson (msb)
August 31, 2022 Opinion or Order Filing 180 NOTICE of Tampering with Counsel and violation of the OATH of attorneys making for unfair and unjust litigation denying the pro se party ability to find legal representation or legal help in the litigation Notice of Subpoena Intent to issue as to ANDREA K. SWISHER, ESQ by Michael E. Nelson. (msb)
August 31, 2022 Opinion or Order Filing 179 NOTICE to CEASE and DESIST slander, defamation, libel and famacide Directed at Michael Nelson by tortfeasors: Chad Mitchell Koehn, UCMK, Red Neck High Tech Yacht Fund, HeraSoft, Anthem Holdings Co. and UCM Advisors LLC and their employees, agents, directors, officers, and contractors by Michael E. Nelson (msb)
August 30, 2022 Opinion or Order Filing 178 NOTICE of Update on Notice of Correction regarding Nelson being possibly in Kansas 45 plus years in the past; also correction as to visit was NOT Nelson's Grandfather, but rather his GREAT Grandfather, a statesman, attorney and banker who was dying in a hospital in Kansas City, Kansas, while Nelson was of a gestational age, the gestational age is not yet determined if considered life under Kansas Law by Michael E. Nelson. (msb)
August 30, 2022 Opinion or Order Filing 177 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled: OBJECTION to Document 146 and reply response in opposition to objections in Document 146) by Defendant Michael E. Nelson re: #146 OBJECTIONS to #144 Motion for Review. (msb) Modified text on 9/2/2022 (msb).
August 29, 2022 Opinion or Order Filing 176 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: GIL GILLIAM In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Gil Gilliam (Attachment: #1 Exhibit A - Gil Gilliam Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 175 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: DALE DOUGLAS TAKIO In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Dale Douglas Takio (Attachment: #1 Exhibit A - Dale Douglas Takio Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 174 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: CHRISTOPHER KEITH In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Christopher Keith (Attachment: #1 Exhibit A - Christopher Keith Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 173 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: ASHLEY HOWARD In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Ashley Howard (Attachment: #1 Exhibit A - Ashley Howard)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 172 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled NOTICE OF FEDERAL SUBPOENA To Issue to: Tresea Matney a/k/a Tresa Matney In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Tresa Matney (Attachment: #1Exhibit A - Tresa Matney Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 171 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: STEPHEN PLOTT In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Stephen Plott (Attachment: #1 Exhibit A - Stephen Plott Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 170 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: Paul Douglas Aubert In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Paul Douglas Aubert (Attachment: #1 Exhibit A - Paul Douglas Aubert Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 169 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (NOTICE OF FEDERAL SUBPOENA To Issue to:Kylee Anne Kolzow (DUTTON) In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Kylee Ann Kolzow (Attachment: #1 Exhibit A - Kylee Anne Kolzow)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 168 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: Kelly L. Lyons In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Kelly L. Lyons (Attachment: #1 Exhibit A - Kelly L. Lyons Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 167 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENATo Issue to: Jared Schamberger In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Jared Schamberger (Attachment: #1 Exhibit A - Jared Schamberger Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 166 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: ERICA JENSEN In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Erica Jensen (Attachment: #1 Exhibit A - Erica Jensen Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 165 NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: Donald F. Hoffman, ESQ In accordance with FRCP According to the Clerks of the Court provided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Donald F. Hoffman (Attachment: #1 Exhibit A - Donald F. Hoffman Subpoena)(msb)
August 29, 2022 Opinion or Order Filing 164 (VIEW RESTRICTED - WITHDRAWN PER DE 214) NOTICE OF INTENT TO ISSUE SUBPOENA (titled: NOTICE OF FEDERAL SUBPOENA To Issue to: Candice Schultz In accordance with FRCP According to the Clerks of the Courtprovided herewith Ex. "A" notice to opposing parties Fed. R. Civ. P. 45(a)(4)) by Michael E. Nelson. Subpoena to be issued to: Candice Shultz. (Attachment: #1 Exhibit A - Candice Shultz Subpoena)(msb) Modified text on 9/7/2022 (msb).
August 29, 2022 Opinion or Order Filing 163 OBJECTION to Document #145 filed by UCMK and Chad Mitchell Koehn by Michael E. Nelson. (msb)
August 29, 2022 Opinion or Order Filing 162 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) NOTICE OF CORRECTION To document #156 NOTICE to CEASE and DESIST as to tortfeasors CHAD MITCHELL KOEHN and UCMK Having been noticed that upon the docket the title Reads: "Chad Mitchell Koeh" (sic) and the "n" has been inadvertently left off therefore this is a NOTICE to Correct the Title and the Legal Notice as to CHAD MICTHELL KOEHN by Michael E. Nelson.(msb) Modified text on 9/2/2022 (msb).
August 28, 2022 Opinion or Order Filing 161 NOTICE of Request for Production of all SEC produced ESI with copies of all SEC subpoenas or other enforcement or regulatory requests made for theproduction of all ESI relating to UCMK, Koehn, Anthem Holdings Company, HeraSoft, or Hera Software Development Inc, Anthem Vault Inc, Red N eek High Tech Yacht Fund, or any other entity affiliated with Chad Mitchell Koehn in the proceeding 5 years from this date including any and all agent, employee, officer, director, affiliate, contractor, attorney, vendors as to Chad M. Koehn and UCMK by Michael E. Nelson (msb)
August 28, 2022 Opinion or Order Filing 160 NOTICE of REQUEST for Production of ALL FOIA Confidential Treatment Requests under Rule 83 of SEC's rules and regulations made by UCMK or Chad Mitchell Koehn in the preceding 5 years from this date by Michael E. Nelson (msb)
August 28, 2022 Opinion or Order Filing 159 NOTICE of Request for Production of all communications with FINCEN or any other State or Federal Regulatory or Law Enforcement Body or entity in the proceeding 5 years from this date as to Chad M. Koehn and UCMK and/or any agent, employee, officer, director, affiliate, contractor, attorney, vendor by Michael E. Nelson (msb)
August 26, 2022 Opinion or Order Filing 158 NOTICE (titled, "NOTICE OF CORRECTION Defendant, Counter-Plaintiff Nelson may have visited Kansas 45 plus years in the past when either an infant or of gestational age as a human still within the womb, the visit would have been to his Grandfather having resided in Kansas City, Kansas") by Michael E. Nelson. (heo)
August 24, 2022 Opinion or Order Filing 157 Objections to Motion to Seal Future Filings by Defendant Michael E. Nelson re #140 Motion for Order. (Attachments: #1 Ex. A, #2 Ex. B) (ca)
August 23, 2022 Opinion or Order Filing 156 (VIEW RESTRICTED - Stricken per DE 183) NOTICE to CEASE and DESIST slander, defamation, libel and famacide Directed at Michael Nelson by tortfeasors Chad Mitchell Koeh and UCMK, and their employees, agents, directors, officers, and contractors by Michael E. Nelson. (ca) Modified text on 9/2/2022 (msb).
August 23, 2022 Opinion or Order Filing 155 (VIEW RESTRICTED - Stricken per DE 183) NOTICE of Violations to Rule 83.6.1 committed ad nauseum by attorney Christopher Jon Kellogg by Michael E. Nelson. (ca) Modified text on 9/2/2022 (msb).
August 23, 2022 Opinion or Order Filing 154 OBJECTION(S) to #147 Objection(s) by Michael E. Nelson. (ca)
August 23, 2022 Opinion or Order Filing 153 (VIEW RESTRICTED - Stricken per DE 183) NOTICE of Formal Written Complaint Under Rule 83.6.3 by Michael E. Nelson. (Attachments: #1 Envelope)(gw) Modified text on 9/2/2022 (msb).
August 22, 2022 Opinion or Order Filing 152 (VIEW RESTRICTED - Stricken per DE 183) NOTICE of Violations to Rule 83.6.1 Committed Ad Nauseum by attorney: Lawrence ("Larry") Gene Michel Bar # 14067 by Michael Nelson. (sz) Modified on 8/23/2022 to correct title. (mam) Modified text on 9/2/2022 (msb).
August 19, 2022 Opinion or Order Filing 151 OBJECTIONS (titled, "Objections to UCMK's flouting of FRCP in the Early Rule 34 Demands/Requests confirmed by UCMK they are in receipt and MUST produce not later than 26 August 2022") by Michael E. Nelson. (heo)
August 19, 2022 Opinion or Order Filing 150 CERTIFICATE OF SERVICE of #149 Memorandum in Opposition, incorporating Memorandum of Law to Motion to Seal Future Filings Document 140 by Michael E. Nelson. (heo)
August 19, 2022 Opinion or Order Filing 149 RESPONSE (titled, "Memorandum in Opposition, incorporating Memorandum of Law to Motion to Seal Future Filings Document 140") by Defendant Michael E. Nelson re #140 Motion for Order. (heo)
August 19, 2022 Opinion or Order Filing 148 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) RESPONSE by Plaintiff United Capital Management of Kansas, Inc., Counter Defendant United Capital Management of Kansas, Inc. re #144 Motion for Review, (Redocketed) (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 18, 2022 Opinion or Order Filing 147 OBJECTION(S) to Defendant's Improperly Emailed July 26, 2022, First Limited Requests for Admissions and Production of Documents, and Request for Statements of United Capital Management of Kansas, Inc. by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Kellogg, Christopher)
August 17, 2022 Opinion or Order Filing 146 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) OBJECTION(S) to #144 MOTION for Review by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 17, 2022 Opinion or Order Filing 145 OBJECTION(S) to #138 Objection(s) to Plaintiffs' Notice of Service of Process Filed August 4, 2022 (Docket No. 128) by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Attachments: #1 Exhibit "A")(Kellogg, Christopher)
August 15, 2022 Opinion or Order Filing 144 (VIEW RESTRICTED - Stricken per DE 183) Objections and MOTION for Review (titled, "Objections and Appeal of Order of Federal Magistrate issuance of Scheduling Order Appeal under Rule 72 ERRORS IN LAW, Procedure, Misapplied State Statutes Constitutional Rights") re: #122 Scheduling Order by Defendant Michael E. Nelson. (heo) Modified text on 9/2/2022 (msb).
August 14, 2022 Opinion or Order Filing 143 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled, "Sur-Reply to Document 131 Memo in Opposition to Document 116; Motion for Judicial Notice regarding Search Engine 'GOOGLE' Results for Plaintiff: Chad Mitchell Koehn a/k/a Chad M. Koehn to fact no "defamatory" listings appear in Google as of PRESENT: 30 July 2022") by Defendant Michael E. Nelson re: #116 Motion for Order. (heo) Modified text on 9/2/2022 (msb).
August 14, 2022 Opinion or Order Filing 142 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled, "Sur Reply to Document 130 Memo in Opposition to Document 99; Motion for Judicial Notice under FRCP Rule 201 without limitation regarding CRIMINAL CHARGES against CHAD MITCHELL KOEHN stemming from INCIDENT 8 January 2022; alleged by Informant as: DESTRUCTION of EVIDENCE ordered by CHAD MITCHELL KOEHN's ATTORNEYS") by Defendant Michael E. Nelson re: #99 Motion for Judicial Notice. (heo) Modified text on 9/2/2022 (msb).
August 12, 2022 Opinion or Order Filing 141 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled, "Sur Reply to Doc 132 Memorandum in Opposition to Document 117; Motion for Judicial Notice as to Regulatory Filings, Secretary of State Filings, Disclosures and LAWSUITS regarding UCM and Chad M. Koehn and their affiliates (conspirators)") by Defendant Michael E. Nelson re: #117 Motion for Order. (heo) Modified text on 9/2/2022 (msb).
August 12, 2022 Opinion or Order Filing 140 MOTION for Order to Seal Future Court Filings to be Made by Defendant/Counter-Plaintiff, Michael Nelson, Incorporating Memorandum of Law by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Kellogg, Christopher)
August 11, 2022 Opinion or Order Filing 139 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled, "Sur-Reply to Document 129 Memo in Opposition to Document 96; Motion for Judicial Notice under Federal Rule 201, pursuant with the codified law of Congress under Rule 201c(2) without limitation as to the Statements of Fact NOTICED HEREIN, regarding filings signed under PENALTY of PERJURY by CHAD MITCHELL KOEHN on behalf of himself and UNITED CAPITAL MANAGEMENT OF KANSAS INC. and as to other statements of FACT concerning the attached Exhibits A through G incorporated herein Request for Judicial Notice under Rule 201") by Defendant Michael E. Nelson re: #96 Motion for Judicial Notice. (heo) Modified text on 9/2/2022 (msb).
August 11, 2022 Opinion or Order Filing 138 OBJECTION to #128 Notice of Service (titled, "OBJECTION to Notice of Service of Process filed 4 August 2022 filed as: "NOTICE OF SERVICE OF DISCOVERY REQUESTS" Document 128") by Michael E. Nelson. (heo)
August 11, 2022 Opinion or Order Filing 137 REPLY TO RESPONSE TO MOTION (titled: Sur-Reply to Doc. 126 Memo in Opposition to Doc. 120 Motion for EMERGENCY Subpoena Regarding CRIMINAL RECORDS of Chad Mitchell Koehn - Destruction of Evidence via fire; REQUEST for Subpoena Issuance INSTANTER) by Defendant Michael E. Nelson: Re: #120 Motion for Miscellaneous Relief, (msb)
August 9, 2022 Opinion or Order Filing 136 RESPONSE (titled, "RESPONSE to Motion for Recusal of Federal Magistrate Birzer as demanded by Chad Mitchell Koehn and United Capital Management of Kansas Inc. in Documents 113, 113-1 and 114") by Defendant Michael E. Nelson re #113 Motion for Recusal. (heo)
August 8, 2022 Opinion or Order Filing 135 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled: Sur-Reply to Response Regarding HeraSoftCoding for Judicial Notice; this sur-reply is to doc. 125 a response to initially Filed Request for Judicial Notice made in doc. 119 Deliberate "HIDING" and Concealing of Material FACTS, by Craig Alan Brand and Chad Mitchell Koehn as the relate to HERA SOFTWARE DEVELOPMENT INC. a/k/a Hera Soft) by Defendant Michael E. Nelson: Re: #119 Motion for Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(msb) Modified text on 9/2/2022 (msb).
August 8, 2022 Opinion or Order Filing 134 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION by Defendant Michael E. Nelson re: #101 Motion for Default Judgment (Document titled "Response to Doc. 107 Opposition Memorandum to DEMAND Application of Default Judgment Pursuant With Federal Rules of Civil Procedure Inclusive Without Limitation Rule 55') (Attachments: #1 Exhibit)(sz) Modified text on 9/2/2022 (msb).
August 6, 2022 Opinion or Order Filing 133 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION by Defendant Michael E. Nelson re: #94 Motion to Disqualify Counsel. (Document titled "Sur-Reply Response to the Opposition Memorandum filed against the Motion to Disqualify lawyer Craig Alan Brand") (Attachments: #1 Exhibit)(sz) Modified text on 9/2/2022 (msb).
August 5, 2022 Opinion or Order Filing 132 (VIEW RESTRICTED - Stricken per DE 183) RESPONSE by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #117 Motion for Order,, (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 4, 2022 Opinion or Order Filing 131 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #116 MOTION for Order (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 4, 2022 Opinion or Order Filing 130 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #99 MOTION for Order (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 4, 2022 Opinion or Order Filing 129 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #96 MOTION (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
August 4, 2022 Opinion or Order Filing 128 NOTICE OF SERVICE by Chad M. Koehn, United Capital Management of Kansas, Inc. of Plaintiff/Counter-Defendants' First Interrogatories to Defendant/Counter-Plaintiff Michael Nelson (Kellogg, Christopher)
August 3, 2022 Opinion or Order Filing 127 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc. and Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #119 MOTION for Order. RE-DOCKETED - #125 was incorrectly docketed with the wrong event REPLY TO RESPONSE TO MOTION. (mls) Modified text on 9/2/2022 (msb).
August 3, 2022 Opinion or Order Filing 126 RESPONSE by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #120 Motion for Miscellaneous Relief, (Kellogg, Christopher)
August 3, 2022 Opinion or Order Filing 125 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re: #119 Motion for Order, (Kellogg, Christopher) DISREGARD - WRONG EVENT USED. (mls) Modified text on 9/2/2022 (msb).
August 3, 2022 Opinion or Order Filing 124 DOCKET ANNOTATION re #122 Scheduling Order: Document is attached for noticing purposes. (mam)
August 3, 2022 Opinion or Order Filing 123 ORDER. At the 8/2/2022 Scheduling Conference, the Court discussed electronic notification, registration as a filing user, and service of discovery with the parties. During the conference the Court indicated it would not require Plaintiffs to serve discovery via mail. Following the conference the Court further considered this issue. At this time, Defendant has not registered as a filing user with the Court therefore he has not consented to the electronic service of documents. See D. Kan. R. 5.4.2(e). Plaintiffs shall serve hard copies of all pleadings filed with the Court as well as all discovery and disclosures identified in D. Kan. R. 26.3(a) on Defendant via U. S. Mail at the address Defendant provided to the Court and certify same to the Court per D. Kan. R. 5.1(g), 5.4.9(c), and 26.3(c). IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 8/3/2022. Mailed to pro se party Michael E. Nelson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
August 3, 2022 Opinion or Order Filing 122 SCHEDULING ORDER: Jointly proposed Protective Order 8/31/2022. Parties separate proposed ESI protocols 8/31/2022. First monthly status conference before Magistrate Judge Gwynne E. Birzer is set for 9/6/2022 at 08:30 AM by Zoom. Production of documents identified in initial disclosures 9/30/2022. Mediation Notice due 2/7/2023. Discovery deadline 3/10/2023. Mediation deadline 3/17/2023. Proposed Pretrial Order due by 3/29/2023. Final Pretrial Conference before Magistrate Judge Gwynne E. Birzer. is set for 4/5/2023 at 11:00 AM by Zoom. Dispositive motion deadline 4/19/2023. The parties shall refrain from filing any affirmative motions until further order of the court. The only exceptions are: 1) any motion for leave to amend filed on or before the deadline set forth in this order; and 2) Plaintiffs' motion for leave to seal. Plaintiffs' motion for leave to seal shall be filed no later than 8/12/2022 with responsive pleadings served as per local rule. The motion and response are limited to ten pages, with any reply limited to 5 pages. Any other motions filed will be summarily denied. Defendant shall serve a hard copy of his initial requests for admission and requests for production of documents to United Capital Management of Kansas, Inc. on counsel via U.S. Mail. He shall file a Certificate of Service as discussed during the conference. Per Fed. R. Civ. P. 5(b)(2)(C), United Capital Management of Kansas, Inc.'s 30-day response time will begin to run on the date the discovery requests are mailed. SEE ORDER FOR ADDITIONAL DETAILS. Signed by Magistrate Judge Gwynne E. Birzer on 8/3/2022. Mailed to pro se party Michael E. Nelson by regular mail. (kf) (mam).
August 2, 2022 Opinion or Order Filing 121 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 8/2/2022. (Tape #10:00-11:20.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
August 1, 2022 Opinion or Order Filing 120 MOTION for Miscellaneous Relief (titled, "EMERGENCY Subpoena Request as to CRIMINAL RECORDS of CHAD MITCHELL KOEHN relating to alleged incident 8 January 2022 involving alleged Destruction of Evidence via fire REQUEST for Subpoena Issuance INSTANTER) by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A)(heo) (Modified on 8/3/2022 to correct title. (heo))
August 1, 2022 Opinion or Order Filing 119 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Order (titled, "Motion for Judicial Notice regarding Deliberate "HIDING" and Concealing of Material FACTS, by Craig Alan Brand and Chad Mitchell Koehn as the relate to HERA SOFTWARE DEVELOPMENT INC. a/k/a Hera Soft") by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A)(heo) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/2/2022 (msb).
August 1, 2022 Opinion or Order Filing 118 MOTION for Miscellaneous Relief (titled,"EMERGENCY Subpoena Request as to Depositions, Discovery Files and Sexual Settlements which are belived demonstrate misogyny tendencies of: CHAD MITCHELL KOEHN being a misogynist; these records are needed immediately to avoid a miscarriage of Justice involving a Recusal Motion filed by Chad M. Koehn and UCM against presiding Federal Magistrate Birzer who is identifiable as a female, INSTANTER") by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (heo) (Modified on 8/3/2022 to correct title. (heo))
August 1, 2022 Opinion or Order Filing 117 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Order (titled, "Motion for Judicial Notice as to Regulator Filings, Secretary of State Filings, Disclosures and LAWSUITS regarding UCM and Chad M. Koehn and their affiliates (conspirators)") by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(heo) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/2/2022 (msb).
August 1, 2022 Opinion or Order Filing 115 ORDER REFERRING MOTION to Magistrate Judge Gwynne E. Birzer re #113 MOTION for Recusal filed by United Capital Management of Kansas, Inc., Chad M. Koehn. Entered by District Judge John W. Broomes on 08/01/2022.Mailed to pro se party Michael E. Nelson by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jmr)
July 31, 2022 Opinion or Order Filing 116 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Order (titled, "Motion for Judicial Notice regarding Search Engine 'GOOGLE' Results for Plaintiff: Chad Mitchell Koehn a/k/a Chad M. Koehn to fact no "defamatory" listings appear in Google as of PRESENT: 30 July 2022) by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(heo) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/2/2022 (msb).
July 29, 2022 Opinion or Order Filing 114 MEMORANDUM IN SUPPORT of #113 MOTION for Recusal by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc.(Kellogg, Christopher)
July 29, 2022 Opinion or Order Filing 113 MOTION for Recusal by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (Attachments: #1 Motion Verified by Chad Koehn)(Kellogg, Christopher)
July 29, 2022 Opinion or Order Filing 112 ORDER denying #54 Plaintiffs' Emergency Motion Pursuant to Rule 11, Fed.R.Civ.P. and D. Kan. Rule 11.1(a)(2), for Waiver of the 21-day Waiting Period Referred to in Rule 11(c)(2), Federal Rules of Civil Procedure, Thereby Authorizing Plaintiffs to File a Motion for Sanctions Against Defendant, Michael Nelson, Instanter. Signed by Magistrate Judge Gwynne E. Birzer on July 29, 2022. Mailed to pro se party Michael E. Nelson by regular mail. (mls)
July 29, 2022 Opinion or Order Filing 111 NOTICE OF SERVICE by Chad M. Koehn, United Capital Management of Kansas, Inc. of Plaintiffs' Initial Disclosures (Kellogg, Christopher)
July 28, 2022 Opinion or Order Filing 110 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Judicial Notice regarding Seach Engine 'GOOGLE' Results for Plaintiff: UNITED CAPITAL MANAGEMENT OF KANSAS INC. as to fact no "defamatory" listings appear anywhere within the results as of PRESENT: 28 July 2022; nor do any negative search results appear in the past by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(sz) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/2/2022 (msb).
July 27, 2022 Opinion or Order Filing 109 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Order (titled: OBJECTION as to False statements made by Plaintiff's in the document titled: "PLAINTIFF'S INITIAL DISCLOSURES"; Clear Violation of Rules of Professional Conduct requiring TRUTHFULNESS in Statements to Others and Truthfulness and Candor to the Court by Attorneys Licensed to Appear before the Court; MOTION FOR ORDER preventing further untruthfulness in filings) by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A - Plaintiff's Initial Disclosures, #2 Exhibit B - Memorandum of ESI for Discovery, #3 Exhibit C - Guidelines for Cases Involving ESI, #4 Exhibit D - Pillars of Professionalism)(msb) Modified text to place full title of pleading on 8/3/2022 (msb). Modified text on 9/1/2022 (msb).
July 27, 2022 Opinion or Order Filing 108 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #94 MOTION to Disqualify Counsel (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
July 27, 2022 Opinion or Order Filing 107 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN OPPOSITION by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc., Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #101 MOTION for Default Judgment (Kellogg, Christopher) Modified text on 9/2/2022 (msb).
July 27, 2022 Opinion or Order Filing 106 OBJECTION(S) to #103 MOTION for Order by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Kellogg, Christopher)
July 27, 2022 Opinion or Order NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding Docket Entries #103 & #104 : These entries have been changed from pending motions to Certificates of Service at the direction of chambers. (jal)
July 26, 2022 Opinion or Order Filing 105 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2)NOTICE OF SERVICE of of Rule 26 disclosures and REQUEST for Order of Compliance by Michael E. Nelson (msb) Modified text on 9/2/2022 (msb).
July 26, 2022 Opinion or Order Filing 104 (VIEW RESTRICTED - Stricken per DE 183) CERTIFICATE OF SERVICE regarding delivery of DISCLOSURES per Rule 26 and in accordance with Rule 26(f)conference and ORDER of the Court by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (ca) Modified on 7/27/2022 to update event (jal). Modified text on 9/2/2022 (msb).
July 26, 2022 Opinion or Order Filing 103 CERTIFICATE OF SERVICE regarding delivery of First Limited Discovery by Defendant Michael E. Nelson. (heo) Modified on 7/27/2022 to update event (jal).
July 26, 2022 Opinion or Order Filing 102 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN SUPPORT of #101 Application/MOTION of demand for Default Judgment by Counter Claimant Michael E. Nelson. (heo) Modified text on 9/2/2022 (msb).
July 26, 2022 Opinion or Order Filing 101 (VIEW RESTRICTED - Stricken per DE 183) Application/MOTION of demand for Default Judgment by Counter Claimant Michael E. Nelson. (heo) Modified text on 9/2/2022 (msb).
July 26, 2022 Opinion or Order Filing 100 ORDER denying #97 Plaintiffs' Motion for Extension of Time. The undersigned is not inclined to extend the deadlines. Plaintiffs shall submit the report of the parties' planning conference, along with copies of the parties' Rule 26(a) initial disclosures, to chambers today as previously ordered. The Scheduling Conference will remain on August 2, 2022 at 10:00 a.m. by video conference - Zoom. Signed by Magistrate Judge Gwynne E. Birzer on 7/26/2022. Order e-mailed to pro se party Michael E. Nelson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
July 26, 2022 Opinion or Order Filing 98 ORDER finding as moot #79 Motion to Dismiss in light of the filing of the amended counterclaim (Doc. 83). Signed by District Judge John W. Broomes on 7/26/22.Mailed to pro se party Michael Nelson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rs)
July 25, 2022 Opinion or Order Filing 99 (VIEW RESTRICTED - Stricken per DE 183) MOTION for Judicial Notice under FRCP Rule 201 without limitation regarding CRIMINAL CHARGES against CHAD MITCHELL KOEHN stemming from INCIDENT 8 January 2022; alleged by Informant as: DESTRUCTION of EVIDENCE ordered by CHAD MITCHELL KOEHN's ATTORNEYS by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit A, #2 Exhibit B)(ca) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/1/2022 (msb).
July 25, 2022 Opinion or Order Filing 97 MOTION for extension of time to complete initial disclosures and file report of parties' planning conference by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Michel, Larry)
July 24, 2022 Opinion or Order Filing 96 (VIEW RESTRICTED - Stricken per DE 183) Motion for Judicial Notice under Federal Rule 201, pursuant with the codified law of Congress under Rule 201c(2) without limitation as to the Statement of Fact NOTICED HEREIN, regarding filings signed under PENALTY of PERJURY by CHAD MITCHELL KOEHN on behalf of himself and UNITED CAPITAL MANAGEMENT OF KANSAS INC. and as to other statements of FACT concerning the attached Exhibits A through G incorporated herein Request for Judicial Notice under Rule 201 by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(sz) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/1/2022 (msb).
July 22, 2022 Opinion or Order Filing 95 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN SUPPORT (titled, Memorandum of Law on Motion to Disqualify Counsel: CRAIG ALAN BRAND) of #94 MOTION to Disqualify Counsel by Defendant Michael E. Nelson.(hw) (Modified on 8/3/2022 to add title. (heo)) Modified text on 9/2/2022 (msb).
July 22, 2022 Opinion or Order Filing 94 (VIEW RESTRICTED - Stricken per DE 183) MOTION to Disqualify Counsel: pro hac vice CRAIG ALAN BRAND by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (hw) (Modified on 8/3/2022 to correct title. (heo)) Modified text on 9/1/2022 (msb).
July 8, 2022 Opinion or Order Filing 93 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) RESPONSE by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #91 Objection to Order of Magistrate Judge, (Michel, Larry) Modified text on 9/2/2022 (msb).
July 6, 2022 Opinion or Order Filing 92 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) RESPONSE by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #89 Motion to Dismiss (Michel, Larry) Modified text on 9/2/2022 (msb).
July 6, 2022 Opinion or Order Filing 91 (VIEW RESTRICTED - Stricken per DE 183) Objection to Order of Magistrate Judge (titled: Appeal of Magistrate Judge Denial of Motion for Stay and Resetting Hearing Appeal Under Rule 72) re 88 Order on Motion to Continue, Order on Motion to Stay Discovery, by Defendant Michael E. Nelson (Attachments: #1 Memorandum in Support of Objection)(ca) Modified text on 9/1/2022 (msb).
July 1, 2022 Opinion or Order Filing 90 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN SUPPORT of #89 MOTION to Dismiss (titled "Memorandum in support of Motion to Dismiss SLAPP Suit/petition by Plaintiff's in violation of Law Motion to STRIKE") by Defendant Michael E. Nelson. (ca) Modified title on 8/8/2022. (jsh) Modified text on 9/2/2022 (msb).
July 1, 2022 Opinion or Order Filing 89 (VIEW RESTRICTED - Stricken per DE 183) MOTION to Dismiss #64 First Amended Complaint (titled "Motion to Dismiss SLAPP Suit/petition by Plaintiff's in violation of Law Motion to STRIKE and Dismiss") by Defendant Michael E. Nelson. (ca) Modified title on 8/8/2022. (jsh) Modified text on 9/1/2022 (msb).
June 21, 2022 Opinion or Order Filing 88 ORDER denying #87 Motion to Continue and denying #87 Motion to Stay Discovery. The undersigned Magistrate Judge acknowledges there could be changes to the parties' claims based upon the pending motions to dismiss and anticipated motion for leave to amend complaint. However, the parties engaged the Court in extensive motion practice before Defendant filed a responsive pleading allowing an Initial Order Regarding Planning and Scheduling to be entered. It is important to the goals of Fed. R. Civ. P. 1 to keep the case moving forward. The Scheduling Conference set for 8/2/2022 at 10:00 a.m. by Zoom will proceed as scheduled. Mailed to pro se defendant Michael E. Nelson at 9450 SW Gemini Dr. PMB 90924 Beaverton, OR 97008-7105 by regular mail. Signed by Magistrate Judge Gwynne E. Birzer on 6/21/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
June 16, 2022 Opinion or Order Filing 87 MOTION to Continue Scheduling Conference and MOTION to Stay Discovery (titled "Motion for Resetting of proceedings scheduled for 2 August 2022 and postponement of Rule 26f conference for cause") by Defendant Michael E. Nelson. Response deadline 6/30/2022. (referred to Magistrate Judge Gwynne E. Birzer) (jsh)
June 13, 2022 Opinion or Order Filing 86 MEMORANDUM IN SUPPORT of #85 MOTION to Dismiss Counter-Plaintiffs First Amended Counterclaims and Crossclaims (D. 83) by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc.(Michel, Larry)
June 13, 2022 Opinion or Order Filing 85 MOTION to Dismiss Counter-Plaintiffs First Amended Counterclaims and Crossclaims (D. 83) by Cross Defendants Chad M. Koehn, United Capital Management of Kansas, Inc. (Michel, Larry)
June 10, 2022 Opinion or Order Filing 84 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION re: #81 Objection to Order of Magistrate Judge (titled "Sur-Reply to Document 82 objection to Defendants Rule 72 Appeal in Document 81") by Defendant Michael E. Nelson. (jsh) Modified text on 9/2/2022 (msb).
June 6, 2022 Opinion or Order Filing 83 FIRST AMENDED COUNTERCLAIM AND CROSSCLAIM COMPLAINT against John and Jane Does 1-15, Doe Corporations 1-15, Chad M. Koehn, United Capital Management of Kansas, Inc., filed by Michael E. Nelson.(ca) (Modified on 6/17/2022 to correct cross/counter defendant. (heo))
May 31, 2022 Opinion or Order Filing 82 (VIEW RESTRICTED - Stricken per DE 183) MEMORANDUM IN OPPOSITION by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #81 Objection to Order of Magistrate Judge re #70 Initial Order Regarding Planning and Scheduling by Defendant Michael E. Nelson (Michel, Larry) Modified text on 9/2/2022 (msb).
May 30, 2022 Opinion or Order Filing 81 (VIEW RESTRICTED - Stricken per DE 183) Objection to Order of Magistrate Judge (titled "Appeal of Order Document Number 70") re #70 Initial Order Regarding Planning and Scheduling by Defendant Michael E. Nelson. (jsh) Modified text on 9/1/2022 (msb).
May 26, 2022 Opinion or Order Filing 80 MEMORANDUM IN SUPPORT of #79 MOTION to Dismiss Counterclaims and Crossclaims by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc.(Michel, Larry)
May 26, 2022 Opinion or Order Filing 79 MOTION to Dismiss Counterclaims and Crossclaims by Counter Defendants Chad M. Koehn, United Capital Management of Kansas, Inc. (Michel, Larry)
May 26, 2022 Opinion or Order Filing 78 ORDER: After reviewing the Magistrate Judge's order (Doc. 28) and Plaintiff's Filing of a Certificate of Good Standing (Doc. 44), the court DENIES Defendants objections (Doc. 41) as meritless. Entered by District Judge John W. Broomes on 05/26/2022.Mailed to pro se party Michael E. Nelson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jmr)
May 23, 2022 Opinion or Order Filing 77 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) REPLY TO RESPONSE TO MOTION (titled "Sur-Reply to Plaintiffs Opposition Memorandum in Doc 75, stated as an objection to Rule 72 Appeal in Doc 68") by Defendant Michael E. Nelson re: #68 Objection to Order of Magistrate Judge. (jsh) Modified text on 9/2/2022 (msb).
May 23, 2022 Opinion or Order Filing 76 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) OBJECTION(S) to #69 MOTION to Dismiss Plaintiff's Memorandun in Opposition by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Michel, Larry) Modified text on 9/2/2022 (msb).
May 18, 2022 Opinion or Order Filing 75 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) OBJECTION(S) to Defendant's Objection Appealing the Magistrate Judge's Order by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Michel, Larry) Modified text on 9/2/2022 (msb).
May 17, 2022 Opinion or Order Filing 74 COUNTERCLAIM against United Capital Management of Kansas, Inc., Chad M. Koehn, Doe Corporations 1-53, John and Jane Does 1-25, CROSSCLAIM against United Capital Management of Kansas, Inc., Chad M. Koehn, Doe Corporations 1-53, John and Jane Does 1-25, filed by Michael E. Nelson. (Attachments: #1 Certificate of Service)(heo) (Modified on 6/17/2022 to correct counter/cross defendant. (heo))
May 17, 2022 Opinion or Order Filing 73 MOTION to Dismiss (titled "MOTION to Dismiss Rule 12b(6) No relief cannot be granted OWNERSHIP of SLAVES is Prohibited in the United States of America") by Defendant Michael E. Nelson (jsh)
May 17, 2022 Opinion or Order Filing 72 ANSWER to #64 Amended Complaint (titled, Preliminary Answer with Preliminary Cross and Counter Complaints Third Party Attachments) by Michael E. Nelson. (Attachments: #1 Certificate of Service)(heo)
May 16, 2022 Opinion or Order Filing 71 (VIEW RESTRICTED - Stricken per DE 183; Footnote 2) MEMORANDUM IN SUPPORT of #69 MOTION to Dismiss by Defendant Michael E. Nelson. (Attachments: #1 Certificate of Service) (jsh) Modified text on 9/2/2022 (msb).
May 16, 2022 Opinion or Order Filing 70 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: A Scheduling Conference before Magistrate Judge Gwynne E. Birzer is set for 8/2/2022 at 10:00 AM by Video Conference - Zoom. A Zoom invitation will be sent via email to counsel and parties prior to the conference. Rule 26 Planning Conference Deadline 7/12/2022. Report of Parties Planning Conference and Rule 26 Initial Disclosures Deadline due 7/26/2022. See Initial Order for additional details. Signed by Magistrate Judge Gwynne E. Birzer on 5/16/2022. (kf)
May 14, 2022 Opinion or Order Filing 69 (VIEW RESTRICTED - Stricken per DE 183) MOTION to Dismiss by Defendant Michael E. Nelson. (Attachments: #1 Certificate of Service) (jsh) Modified text on 9/1/2022 (msb).
May 2, 2022 Opinion or Order Filing 68 (VIEW RESTRICTED Document stricken per DE 183) Objection to Order of Magistrate Judge re #63 ORDER (titled "Appeal of Order Document Number 63") by Defendant Michael E. Nelson. (jsh) Modified text on 9/1/2022 (msb).
April 27, 2022 Opinion or Order Filing 67 ORDER - The parties shall not file any additional pleadings until Defendant files his responsive pleading to Plaintiffs' Amended Complaint. Defendant's deadline to file a responsive pleading is May 17, 2022. See Order for details. Signed by Magistrate Judge Gwynne E. Birzer on 4/27/2022. Mailed to pro se party Michael E. Nelson by regular mail. (kas)
April 26, 2022 Opinion or Order Filing 66 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 4/26/2022. (Tape #11:00-11:30.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
April 26, 2022 Opinion or Order Filing 65 NOTICE OF SERVICE by Chad M. Koehn, United Capital Management of Kansas, Inc. of Plaintiffs' First Amended Complaint (Kellogg, Christopher)
April 26, 2022 Opinion or Order Filing 64 FIRST AMENDED COMPLAINT against Michael E. Nelson, filed by United Capital Management of Kansas, Inc., Chad M. Koehn. (Kellogg, Christopher)
April 18, 2022 Opinion or Order Filing 63 ORDER. Defendant's Pro Se Electronic Notification and Filing Motion (ECF No. #3 ) is FOUND as MOOT. Defendant's Motion Concerning Hate Speech (ECF No. #5 ) is DENIED. However, the Court ORDERS Plaintiffs to file an Amended Complaint, removing the name "Bean" from paragraph 3 and consistently referring to Defendant as Nelson, no later than May 3, 2022. Defendant's Motion to Enlarge Time (ECF No. #8 ) is GRANTED. Defendant shall file an answer or other responsive pleading to Plaintiff's Amended Complaint no later than 21 days after service of the Amended Complaint. The Court deems the date of service for the Amended Complaint as the date when it is filed in CM/ECF. Plaintiffs' Motion to Strike (ECF No. #10 ) is DENIED. Defendant's Motion for Judicial Notice in Support of Paper 5 (ECF No. #12 ) is GRANTED in part and DENIED in part. Defendant's Motion to Amend (ECF No. #13 ) is FOUND as MOOT. Plaintiffs' Second Motion to Strike (ECF No. #15 ) is DENIED. Defendant's [Motion for] Writ of Mandamus - Command to Kansas Attorney General Material Misrepresentations S.E.C. and Kansas State Law (ECF No. #16 ) is DENIED. Defendant's Motion for More Definitive Statement (ECF No. #17 ) is FOUND as MOOT. Defendant's Motion for Order on Compliance with Rule (ECF No. #19 ) is FOUND as MOOT. Plaintiff's Third Motion to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement (ECF No. #21 ) is DENIED. Defendant's Motion for Order Compelling Plaintiffs to Comply with Required Rule Under FRCP (ECF No. #23 ) is FOUND as MOOT. Although no motion was filed regarding these issues, to the extent necessary, the Court OVERRULES Defendant's Objection Deficient Filing Made in Document Number 6 filed by Quinn Robert Kendrick (ECF No. #38 ) and Defendant's Objection to Document Number 26 Entry of Appearance by Christopher J. Kellogg (ECF No. #39 ). Defendant's Supplement to Document Number 30 Amended Notice of Removal (ECF No. #40 ) is FOUND as MOOT. After further discussion with the Court Clerk's office regarding service of pleadings, the Court SUSTAINS Objection Defendant Not Receiving Filings Made by Opposing Counsel (ECF No. #42 ). Although the Court encourages Defendant to register for electronic notification, the Court ORDERS Plaintiffs to provide Defendant with a hard copy of any future filings via U.S. mail and to certify service of same. Plaintiffs' counsel and Defendant shall separately submit a proposed solution regarding communications and necessary conferral to chambers at KSD_Birzer_Chambers@ksd.uscourts.gov no later than April 19, 2022. No further ruling is necessary on Notice to the Court (ECF No. #50 ). Plaintiffs' did not file a motion, no ruling is necessary on Plaintiffs' Notice of Filing Defendant's Notice of Non-Availability and Absolute Refute by the US Attorney's Office in Contradiction to Defendant's Representation to the Court on March 15, 2022 (ECF No. #53 ). No reply or further pleading in support or opposition to Plaintiff's Emergency Motion Pursuant to Rule 11, Fed.R.Civ.P. and D. Kan. Rule 11.1(a)(2), for Waiver of the 21-day Waiting Period Referred to in Rule 11(c)(2), Federal Rules of Civil Procedure, Thereby Authorizing Plaintiffs to File a Motion for Sanctions Against Defendant, Michael Nelson, Instanter (ECF No. #54 ) will be permitted. Defendant's Notice of Spoliation of Evidence by Chad Mitchell Koehn at direction of Craig Alan Brand (ECF No. #56 ) is FOUND as MOOT. Although no motion was filed regarding these issues, to the extent necessary, the Court OVERRULES Objection to Non Lawyer Non Party; Non Pro Se Person Receiving Electronic Notice not Covered under Local Rules or FRCP Suspected Unauthorized Practice of Law (ECF No. #58 ). A Status Conference is scheduled in this case for 4/26/2022 at 11:00 a.m. via Zoom. A Zoom invitation will be sent to counsel and parties prior to the conference. The parties shall not file any additional pleadings until after the Status Conference on April 26, 2022 is held. Signed by Magistrate Judge Gwynne E. Birzer on 4/18/2022. Mailed to pro se defendant Michael E. Nelson at 9450 SW Gemini Dr. PMB 90924 Beaverton, OR 97008-7105 by regular mail. (mam)
April 18, 2022 Opinion or Order Status Conference set for 4/26/2022 at 11:00 AM before Magistrate Judge Gwynne E. Birzer by Zoom. (mam)
April 11, 2022 Opinion or Order Filing 62 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: MOTION HEARING held on 4/11/2022 re #3 MOTION for Electronic Notification and Filing, #5 MOTION for Order, #8 MOTION for extension of time, #10 MOTION to Strike, #12 MOTION for Judicial Notice, #13 MOTION to Amend/Correct, #15 Second MOTION to Strike, #16 MOTION for Order, #17 MOTION for Order, #19 MOTION for Order, #21 Third MOTION to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement (Document 17), and #23 MOTION for Order. (Tape #10:05-11:40.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
April 11, 2022 Opinion or Order Filing 61 RESPONSE (titled "Response Memorandum in Support of preliminary Response in Opposition to illegal Motion for Sanctions Document #54 & 55") by Defendant Michael E. Nelson re #54 Plaintiff's Emergency Motion Pursuant to Rule 11 and #55 Memorandum in Support. (jsh)
April 8, 2022 Opinion or Order Filing 60 RESPONSE (titled: Civil Objection to Motion in Violation of Order of Court "No Motions" With Preliminary Response in Opposition to Motion for Sanctions Document #54) by Defendant Michael E. Nelson re #54 Motion for Miscellaneous Relief. (ca)
April 7, 2022 Opinion or Order Filing 59 OBJECTION (titled "OBJECTION To Craig Alan Brand et al Videotaping & Retaining Images & Likeness of Defendant in violation of Protected First Amendment Rights") by Michael E. Nelson. (jsh)
April 5, 2022 Opinion or Order Filing 58 OBJECTIONS (titled: Objection to Non Lawyer Non Party; Non Pro Se person receiving electronic notice not covered under Local Rules or FRCP Suspected Unauthorized Practice of Law) by Michael E. Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(ca)
April 4, 2022 Opinion or Order Filing 57 NOTICE (titled, "Memorandum HeraSoft email of Craig Brand Email Analysis") by Michael E. Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B)(heo)
April 1, 2022 Opinion or Order Filing 56 NOTICE of Spoliation of Evidence by Chad Mitchell Koehn at direction of Craig Alan Brand by Michael E. Nelson (Attachments: #1 Exhibit A, #2 Exhibit B)(msb)
April 1, 2022 Opinion or Order Filing 55 MEMORANDUM IN SUPPORT of #54 MOTION Plaintiff's Emergency Motion Pursuant to Rule 11, Fed.R.Civ.P. and D. Kan. Rule 11.1(a)(2), for Waiver of the 21-day Waiting Period Referred to in Rule 11(c)(2), Federal Rules of Civil Procedure, Thereby Authorizing Plaintiffs to File a Mo by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc.(Michel, Larry)
April 1, 2022 Opinion or Order Filing 54 MOTION Plaintiff's Emergency Motion Pursuant to Rule 11, Fed.R.Civ.P. and D. Kan. Rule 11.1(a)(2), for Waiver of the 21-day Waiting Period Referred to in Rule 11(c)(2), Federal Rules of Civil Procedure, Thereby Authorizing Plaintiffs to File a Motion for Sanctions Against Defendant, Michael Nelson, Instanter by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Michel, Larry)
April 1, 2022 Opinion or Order Filing 53 NOTICE of Filing of Defendant's Notice of Non-Availability and Absolute Refute by the U.S. Attorney's Office in Contradiction to Defendant's Representation to the Court on March 15, 2022 by Chad M. Koehn, United Capital Management of Kansas, Inc. (Michel, Larry)
April 1, 2022 Opinion or Order Filing 52 NOTICE to the Court (titled, "Memorandum Regarding illegal, materially misleading email by Craig Alan Brand, Ethics & Law Violations OBJECTION to Unethical, Illegal, Immoral, Conduct at Bar by Craig Alan Brand") by Michael E. Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (jsh) Modified on 4/4/2022 o update docket text (jal).
March 31, 2022 Opinion or Order Filing 51 SUPPLEMENT to #41 Appeal of Magistrate Judge Decision to District Court by Defendant Michael E. Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(ca)
March 31, 2022 Opinion or Order Filing 50 NOTICE TO THE COURT by Michael E. Nelson. (sz)
March 29, 2022 Opinion or Order Filing 49 RESPONSE (titled: Defendant's SUR-REPLY and MEMO IN OPPOSITION to Plaintiff's Document 44, 45, 46) to #44 NOTICE of Filing of Certificate of Good Standing, #45 NOTICE of Filing the Declaration of Mark E. Nejame, #46 OBJECTION(S) to 41 Appeal of Magistrate Judge Decision to District Court, by Defendant Michael E. Nelson. (Attachments: #1 Exhibit A)(ca)
March 27, 2022 Opinion or Order Filing 48 RESPONSE to #45 Notice of Filing the Declaration of Mark E. Nejame (titled "NOTICE as to Document 45 and 45-1 (Exhibit 'A") by Defendant Michael E. Nelson. (jsh)
March 27, 2022 Opinion or Order Filing 47 OBJECTION(S) to #44 Notice of Filing of Certificate of Good Standing by Michael E. Nelson. (jsh)
March 25, 2022 Opinion or Order Filing 46 OBJECTION(S) to #41 Appeal of Magistrate Judge Decision to District Court by Chad M. Koehn, United Capital Management of Kansas, Inc.. (Michel, Larry)
March 24, 2022 Opinion or Order Filing 45 NOTICE of Filing the Declaration of Mark E. Nejame by Chad M. Koehn, United Capital Management of Kansas, Inc. (Michel, Larry)
March 24, 2022 Opinion or Order Filing 44 NOTICE of Filing of Certificate of Good Standing by Chad M. Koehn, United Capital Management of Kansas, Inc. (Michel, Larry)
March 23, 2022 Opinion or Order Filing 43 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #3 MOTION for Electronic Notification and Filing; #5 MOTION for Order; #8 MOTION for extension of time; #10 MOTION to Strike; #12 MOTION for Judicial Notice in support of Paper 5; #13 MOTION to Amend/Correct; #15 Second MOTION to Strike; #16 MOTION for Order; #17 MOTION for Order; #21 Third MOTION to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement; #23 MOTION for Order. Motion Hearing before Magistrate Judge Gwynne E. Birzer is rescheduled for 4/11/2022 at 10:00 AM by Zoom. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive, PMB 90924, Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
March 18, 2022 Opinion or Order Filing 42 NOTICE of Objection (titled "Objection Defendant Not Receiving Filings/Pleadings Made by Opposing Counsel") by Michael E. Nelson (jsh)
March 17, 2022 Opinion or Order Filing 41 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael E. Nelson re 28 ORDER on #24 Motion to Appear Pro Hac Vice. (Attachments: #1 Exhibits A - I) (jsh)
March 17, 2022 Opinion or Order Filing 40 SUPPLEMENT to #30 AMENDED Notice of Removal (titled "Supplemental Evidence Rule 201 to Document 30 Amendment to Notice of Removal") by Defendant Michael E. Nelson. (Attachments: #1 Exhibit A) (jsh)
March 16, 2022 Opinion or Order Filing 39 OBJECTION to #26 Entry of Appearance by Christopher J. Kellogg (titled "Deficient Filing made in Document Number 26 Failure of Counsel to Notice Pro Se Defendant") by Michael E. Nelson. (jsh)
March 16, 2022 Opinion or Order Filing 38 OBJECTION to #6 Notice of Withdrawal of Appearance, by Michael E. Nelson. (ca)
March 15, 2022 Opinion or Order Filing 37 NOTICE of Limited Withdrawal of Document Number 19 by Michael E. Nelson re #19 MOTION for Order on Compliance with Rule and Judicial Notice Bad Faith Litigation by Attorneys for Plaintiff Refusal to Accept Notice of Removal. (jsh)
March 15, 2022 Opinion or Order Filing 36 NOTICE of Withdrawal of Document Number 23 by Michael E. Nelson re #23 MOTION for Order (Compelling Plaintiffs to Comply with Required Rule under FRCP). (jsh)
March 15, 2022 Opinion or Order Filing 35 NOTICE of Withdrawal of Document Number 3 by Michael E. Nelson re #3 MOTION for Electronic Notification and Filing. (jsh)
March 15, 2022 Opinion or Order Filing 32 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #3 MOTION for Electronic Notification and Filing; #5 MOTION for Order; #8 MOTION for extension of time; #10 MOTION to Strike; #12 MOTION for Judicial Notice; #13 MOTION to Amend/Correct; #15 Second MOTION to Strike; #16 MOTION for Order; #17 MOTION for Order; #19 MOTION for Order; #21 Third MOTION to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement; #23 MOTION for Order. Motion Hearing before Magistrate Judge Gwynne E. Birzer is set for 4/5/2022 at 01:30 PM by Zoom. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
March 15, 2022 Opinion or Order Filing 31 ORDER. Based upon the assertions of counsel at the March 3, 2022 conference, the Court's verification of filings with the Kansas Secretary of State, and review of Defendant's Amended Notice of Removal (ECF No. 30) and state court Petition (ECF No. 1-1), the Court makes the following findings regarding the citizenship of the parties: 1) Plaintiff United Capital Management of Kansas, Inc. a/k/a UnitedCapitalManagement of Kansas, Inc. is incorporated in the state of Kansas with its principal place of business in Salina, Kansas; 2) Plaintiff Chad Koehn is a citizen of the state of Kansas; and 3) Defendant Michael Nelson is a citizen of the state of Nevada. The Court FINDS Defendant has now alleged facts sufficient to establish diversity jurisdiction under 28 U.S.C. 1332. Signed by Magistrate Judge Gwynne E. Birzer on 3/15/2022. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
March 14, 2022 Opinion or Order Filing 34 AMENDMENT (titled "Amendment to Time for Responsive Pleading to Petition Documents 8 & 13") re #8 MOTION for extension of time, #13 MOTION to Amend/Correct by Defendant Michael E. Nelson. (jsh)
March 14, 2022 Opinion or Order Filing 33 AMENDMENT to #2 Civil Cover Sheet (titled "Amended Civil Cover Sheet Per Court Order in Document Number 29") by Defendant Michael E. Nelson. (jsh)
March 13, 2022 Opinion or Order Filing 30 AMENDED Notice of Removal by Michael E. Nelson. Amendment to #1 Notice of Removal. (Attachments: #1 Exhibit A)(ca)
March 3, 2022 Opinion or Order Filing 29 ORDER. The Court held a motion hearing in this matter. Plaintiffs appeared through counsel Christopher Kellogg and Craig Brand. Defendant Michael Nelson appeared, pro se. After discussion regarding diversity jurisdiction issues, the Court enters the following orders. Defendant, shall file an amended Notice of Removal no later than 3/14/2022. In the amended Notice of Removal Defendant shall allege 1) the citizenship of United Capital Management of Kansas, Inc. as discussed during the conference including its state of incorporation and principal place of business; 2) Chad Koehn is a citizen of Kansas; and 3) the state where Defendant is a citizen. If an amended Notice of Removal is not timely filed, an Order to Show Cause shall issue as to why the Court should not recommend this case be remanded to the District Court of Saline County, Kansas. No further motions shall be filed until there is a determination on jurisdiction in this matter. Any motions filed will be summarily denied without prejudice to refiling at a later time. Signed by Magistrate Judge Gwynne E. Birzer on 3/3/2022. Mailed to pro se party Michael E. Nelson 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
March 3, 2022 Opinion or Order Filing 28 ORDER granting #24 Motion to Appear Pro Hac Vice of Craig Alan Brand for Chad M. Koehn and United Capital Management of Kansas, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 3/3/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
March 3, 2022 Opinion or Order Filing 27 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: MOTION HEARING held on 3/3/2022 re #24 MOTION for attorney Craig Alan Brand to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5718711.) filed by United Capital Management of Kansas, Inc., Chad M. Koehn. (Tape #1:35-2:05.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
March 3, 2022 Opinion or Order NOTICE Re: Pro Se Mailing: Docket Entry 28 , Order on Motion to Appear Pro Hac Vice, mailed to Michael E. Nelson at 9450 SW Gemini Drive PMB 90924 Beaverton, OR 97008-7105 on 3/3/2022 by regular mail. (ala)
February 24, 2022 Opinion or Order Filing 26 ENTRY OF APPEARANCE by Christopher J. Kellogg on behalf of Chad M. Koehn, United Capital Management of Kansas, Inc.. (Kellogg, Christopher)
February 23, 2022 Opinion or Order Filing 25 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #3 Re: MOTION for Electronic Notification and Filing; #5 MOTION for Order; #8 MOTION for extension of time; #10 MOTION to Strike; #12 MOTION for Judicial Notice in support of Paper 5; #13 MOTION to Amend/Correct; #15 Second MOTION to Strike; #16 MOTION for Order; #17 MOTION for Order; #19 MOTION for Order; #21 Third MOTION to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement; #23 MOTION for Order; and #24 MOTION for attorney Craig Alan Brand to appear pro hac vice. Motion Hearing before Magistrate Judge Gwynne E. Birzer is set for 3/3/2022 at 01:30 PM by Video Conference - Zoom. A Zoom invitation will be sent to counsel and parties via email. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Sent to pro se party Michael E. Nelson via regular mail, 9450 SW Gemini Drive, PMB 90924, Beaverton, OR 97008-7105 and via email at oklahomaremote@gmail.com. (kf) Modified text (mls).
February 18, 2022 Opinion or Order Filing 24 MOTION for attorney Craig Alan Brand to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5718711.) by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit of Craig A. Brand, #2 ECF Registration Form)(Michel, Larry)
February 17, 2022 Opinion or Order Filing 23 MOTION for Order (Compelling Plaintiffs to Comply with Required Rule under FRCP) by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (hw)
February 17, 2022 Opinion or Order Filing 22 CORPORATE DISCLOSURE STATEMENT by United Capital Management of Kansas, Inc. identifying None as corporate parent . (Michel, Larry)
February 17, 2022 Opinion or Order Filing 21 Third MOTION to Strike and Memorandum in Opposition to Defendant's Motion for More Definite Statement (Document 17) by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Michel, Larry)
February 14, 2022 Opinion or Order Filing 20 NOTICE OF SERVICE by Chad M. Koehn of Notice of removal of state case. (Attachments: #1 Exhibit A - Receipt of Delivery to Saline County District Court, #2 Exhibit B - USPS Receipt to Saline County District Court)(msb)
February 11, 2022 Opinion or Order Filing 19 MOTION for Order on Compliance with Rule and Judicial Notice Bad Faith Litigation by Attorneys for Plaintiff Refusal to Accept Notice of Removal by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (Attachment: #1 Exhibit A - List of Delivery Attempts)(msb)
February 11, 2022 Opinion or Order Filing 18 CERTIFICATE OF COMPLIANCE by Defendant Michael E. Nelson. (ca)
February 9, 2022 Opinion or Order Filing 17 MOTION for Order (titled: Defendant's First Motion for Definitive Statement Under Rule 12(e) as to Papers #10 & #15 ) by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (ca)
February 8, 2022 Opinion or Order Filing 16 MOTION for Order (titled: Writ of Mandamus Command to Kansas Attorney General Material Misrepresentation) by Defendant Michael E. Nelson (referred to Magistrate Judge Gwynne E. Birzer) (ca)
February 8, 2022 Opinion or Order Filing 15 Second MOTION to Strike #12 MOTION for Judicial Notice in support of Paper #5 DEROGATORY SLUR by Plaintiffs naming convention of companies - Demonstrating Plaintiffs as 'Equal Opportunity Bigots', #13 MOTION to Amend/Correct #8 MOTION for extension of time by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Michel, Larry)
February 8, 2022 Opinion or Order Filing 14 CERTIFICATE OF COMPLIANCE (titled: Notice of Compliance in regards to Notice of Removal as to United Capital Management of Kansas Inc.) by Defendant Michael E. Nelson. (ca)
February 7, 2022 Opinion or Order Filing 13 MOTION to Amend/Correct #8 MOTION for extension of time by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (jal)
February 7, 2022 Opinion or Order Filing 12 MOTION for Judicial Notice by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (jal)
February 4, 2022 Opinion or Order Filing 11 NOTICE OF SERVICE (titled: Motion for Order Notice of Compliance with Rule) by Michael E. Nelson. (ca)
February 4, 2022 Opinion or Order Filing 10 MOTION to Strike #8 MOTION for extension of time by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Michel, Larry)
February 3, 2022 Opinion or Order Filing 9 MEMORANDUM IN OPPOSITION by Plaintiffs Chad M. Koehn, United Capital Management of Kansas, Inc. re #5 MOTION for Order (Michel, Larry)
February 3, 2022 Opinion or Order Filing 8 MOTION for extension of time (titled: MOTION to Enlarge Time in Contemplation of Filing Dispositive Motions, Dismissal or Answer with Counter and Cross Claims or other Responsive Pleadings) by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (ca)
February 3, 2022 Opinion or Order Filing 6 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Quinn Robert Kendrick as to All Plaintiffs (Kendrick, Quinn)
February 2, 2022 Opinion or Order Filing 5 MOTION for Orders (titled Memorandum & Motion of Concerning Use of Hate Speech in Originating State Petition, Motion for Referral to BAR Association for Disbarment) by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (jal)
February 2, 2022 Opinion or Order Filing 4 NOTICE in Compliance by Michael E. Nelson. (kas)
February 1, 2022 Opinion or Order Filing 7 ALIAS SUMMONS RETURNED EXECUTED -- Personal Service upon Michael Nelson on 1/10/2022 (originally filed in Saline Co, KS District Court on 1/21/2022). (jsh)
February 1, 2022 Opinion or Order Filing 3 MOTION for Electronic Notification and Filing by Defendant Michael E. Nelson. (referred to Magistrate Judge Gwynne E. Birzer) (jsh) Modified filer on 2/2/2022. (jsh)
February 1, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET re #1 Notice of Removal by Defendant Michael E. Nelson. (jsh)
February 1, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Saline Co, KS District Court, case number 2021-CV-000038-TI Trial location of Wichita, filed by Michael E. Nelson. (Attachments: #1 State Court Records) (jsh)
February 1, 2022 Opinion or Order FILING FEE PAID: in the amount of $ 402, receipt number T4631015437. (jsh)

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Search for this case: United Capital Management of Kansas, Inc. et al v. Nelson
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Plaintiff: United Capital Management of Kansas, Inc.
Represented By: Larry G. Michel
Represented By: Quinn Robert Kendrick
Represented By: Christopher J. Kellogg
Represented By: Craig Alan Brand
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Plaintiff: Chad M. Koehn
Represented By: Larry G. Michel
Represented By: Quinn Robert Kendrick
Represented By: Christopher J. Kellogg
Represented By: Craig Alan Brand
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Defendant: Michael E. Nelson
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