Lewandowski et al v. Deters et al
| Corey R. Lewandowski and Lewandowski Strategic Advisors,LLC |
| Eric C. Deters, Deters for Governor Campaign, Bulldog Media,Inc. and Eric C Deters Irrevocable Trust |
| 2:2022cv00106 |
| August 15, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| David L Bunning |
| Candace J Smith |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
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Filing 40
ORDER: 1) Plaintiffs' claims for Fraudulent Transfer and Piercing and Dissolution of the Trust are hereby BIFURCATED from Plaintiffs' other claims and HELD IN ABEYANCE, with discovery as to such claims STAYED. 2) Plaintiffs' Motion to Compel #23 is hereby DENIED without prejudice. 3) Within ten (10) business days following this Order, Plaintiffs shall re-serve Defendants Eric C. Deters, Deters for Governor Campaign, and Bulldog Media, Inc. with the Interrogatories and Document Requests at issue in their Motion to Compel. 4) Within ten (10) business days following receipt of Plaintiffs re-served discovery as provided in paragraph 3 above, each Defendant shall provide answers and/or responses to those discovery requests, said answers to conform to Civil Rule 26(g). 5) Plaintiffs' Motion for Extension and Continuance of Case Management Schedule (R. 32) is GRANTED. The Scheduling Order #15 is hereby modified as follows as to Counts I through V of the Complaint: a) End of Fact Discovery and Status Report by February 28, 2024; b) Rule 26(a)(2) Expert Witness DisclosuresPlaintiffs by February 28, 2024 Defendants by March 31, 2024; c) End of Expert Discovery and Status Report by April 30, 2024; d) Dispositive and/or Daubert Motions by May 31, 2024. Signed by Magistrate Judge Candace J. Smith on 9/29/2023. (SLG)cc: COR and Eric C. Deters by US Mail
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| Set/Reset Deadlines: Dispositive Motions due by 5/31/2024. Expert Witness List due by 2/28/2024. Status Report due by 2/28/2024. (SLG) |
| Filing 39 MINUTE ENTRY ORDER FOR TELEPHONE STATUS CONFERENCE held on 9/20/2023. before Magistrate Judge Candace J. Smith: Status of pending motions are current as well as where discovery stands. (Tape #KYED-COV__2-22-cv-106_20230920_103614.) Signed by Candace J. Smith. (TJZ)cc: CORand Eric Deters by US Mail |
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Filing 38
ORDER: TELEPHONIC STATUS CONFERENCE set for 9/8/2023 is continued and rescheduled for 9/20/2023 at 10:30 AM EDT in COVINGTON before Magistrate Judge Candace J. Smith. Counsel should dial in five minutes before the scheduled time. Signed by Magistrate Judge Candace J. Smith on 9/7/20232.(TJZ)cc: COR, Eric Deters via US Mail
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Filing 37
ORDER: that this matter is hereby scheduled for a telephonic Status Conference on Friday, September 8, 2023, at 11:30 a.m. EDT before the undersigned. Counsel should dial in five minutes before the scheduled time. To join the call, please dial 859-474-8484 and when prompted for the Conference ID, enter the one-time access code 191 814 387#. Signed by Magistrate Judge Candace J. Smith on 9/1/2023.(ECO)cc: CORand Eric Deters by US Mail
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Filing 36
MEMORANDUM ORDER: (1) Plaintiffs' Motion to Dismiss Counterclaim #16 is GRANTED; and (2) Defendants' Counterclaim #9 is DISMISSED WITHOUT PREJUDICE. Signed by Judge David L. Bunning on 7/11/2023. (TDB)cc: COR and Eric C. Deters by US Mail
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| Filing 35 REPLY to Response to Motion re #32 MOTION for Extension of Time by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC MOTION for Extension of Time to Complete Discovery by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC Motion to Modify Case Management Order filed by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC. (Wiest, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 MOTION for Extension of Time by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC MOTION for Extension of Time to Complete Discovery by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC Motion to Modify Case Management Order (TDB) |
| Filing 34 NOTICE by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust Supplement To The Record (Attachments: #1 Exhibit Order in Harris v. Deters 2.8.23)(Statman, Alan) |
| Filing 33 RESPONSE in Opposition re #32 MOTION for Extension of Time by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC MOTION for Extension of Time to Complete Discovery by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC Motion to Modify Case Management Order filed by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust. (Attachments: #1 Exhibit Exhibit 1 Eric Deters v. Christopher Wiest Case No.: 22-CI-01856)(Statman, Alan) |
| Filing 32 MOTION for Extension of Time by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC , MOTION for Extension of Time to Complete Discovery by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC Motion to Modify Case Management Order Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order)(Wiest, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #23 MOTION to Compel by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC (TDB) |
| Filing 31 REPLY to #30 , #23 in support of Motion to Compel filed by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC. (Wiest, Christopher) |
| NOTICE OF DOCKET MODIFICATION TO Alan J. Statman re #30 Response in Opposition to Motion: Error: attachments were insufficiently described as "Exhibits". Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TDB) |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Compel by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC filed by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust. (Attachments: #1Exhibit: Affidavit and State Court Records )(Statman, Alan) Modified exhibit description on 1/20/2023 (TDB). |
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Filing 29
ORDER: 1. the construed Motion for Extension of Time #26 is hereby granted; 2. Defendants shall have up to and including January 19, 2023, within which to respond to Plaintiffs' Motion to Compel #23 ; and, 3. the previously filed proposed Agreed Order #24 is hereby denied as moot. Signed by Magistrate Judge Candace J. Smith on 1/18/2023. (TDB)cc: COR and Eric C. Deters by US Mail
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Filing 28
ORDER: that the proposed Agreed Order #26 is hereby construed as Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion to Compel #23 and shall be so docketed by the Clerk's Office. Pursuant to Local Rule 7.1(b), any response opposing the motion must be filed within 7 days from service of the construed Motion. Signed by Magistrate Judge Candace J. Smith on 01/05/2023.(TDB)cc: COR
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| Filing 27 NOTICE by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC re #26 Proposed Agreed Order by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust (proposed order not agreed to and signed without authority) (Attachments: #1 Exhibit Emails)(Wiest, Christopher) |
| Filing 26 Proposed Agreed Order (CONSTRUED AS Motion for Extension of Time to Respond to Plaintiffs' Motion to Compel #23 ) by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust. (Statman, Alan) Modified per ORDER #28 on 1/5/2023 (TDB). |
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Filing 25
ORDER: By 1/3/2023 one of the following must occur: 1) Defendant Deters may withdraw his Entry of Appearance to proceed pro se, in which event the court will take up the Agreed Order #24 . 2) Another proposed Agreed Order must be filed that is signed by counsel for Plaintiffs, Defendant Deters, and counsel for remaining Defendants. Signed by Magistrate Judge Candace J. Smith on 12/27/2022.(TJZ)cc: COR, Eric Deters via US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #24 Proposed Agreed Order For Extension of Time to Respond to Plaintiffs' Motion To Compel by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust (ECO) |
| Filing 24 Proposed Agreed Order For Extension of Time to Respond to Plaintiffs' Motion To Compel by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust. (Statman, Alan) |
| Filing 23 MOTION to Compel by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Declaration with Exhibits, #2 Proposed Order Proposed Order)(Wiest, Christopher) |
| Filing 22 NOTICE of Appearance of Eric E. Deters, Pro Se, by Eric C. Deters (TDB) |
| Filing 21 MINUTE ENTRY ORDER FOR INFORMAL TELEPHONE CONFERENCE held on 12/1/2022 before Magistrate Judge Candace J. Smith: An informal telephone conference was held on December 1, 2022, to address a discovery dispute concerning Defendants' responses to written discovery; namely, financial information. In accordance with the discovery dispute procedure (see R. #15 ), this conference was conducted in Chambers and was not recorded.In preparation for the call, the parties provided letter submissions to Chambers (defense submission was in the form of a motion for protective order that had been stricken from the docket). Upon consideration of the parties' submissions and the case docket generally, as well as discussion with counsel during the call, the Court provided guidance to counsel on how it viewed the points of impasse between the parties regarding discovery of financial information and documents.Plaintiffs' counsel to confer with their clients to determine their next course of action. If Plaintiffs decide they wish to file a formal discovery motion as to the Defendants' responses to the interrogatories and document requests identified in Plaintiffs' letter submission, as to those specific points of impasse, a Step 2 conference has now occurred. Plaintiffs are therefore authorized to proceed by motion to compel should they wish to do so, with such motion to be filed by December 15, 2022, if Plaintiffs choose that as their next course of action.(Court Reporter NONE.) Signed by Candace J. Smith. (ECO)cc: COR |
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Filing 20
VIRTUAL ORDER: Defendants have filed a Motion for Protective Order 19 as to certain discovery requests propounded by Plaintiffs. However, Defendants' Motion filing is premature. Discovery disputes between the parties are subject to a 3- step process set forth in the Court's Scheduling Order (See R. #15 , paragraph B). Defendants cannot move for a protective order as to the current discovery dispute unless and until they are permitted by the Court to file "appropriate written motions." Permission to file an appropriate written motion is considered by the Court only after the parties have attempted to resolve their disagreement by way of a telephone conference with the Court. Therefore, IT IS ORDERED that the Clerk shall STRIKE Defendants' Motion for Protective Order 19 from the docket. Signed by Magistrate Judge Candace J. Smith on 11/30/2022. (TDB)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO [Alan J. Statman] re 19 MOTION for Protective Order; Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. NOTICE OF DEFICIENCY TO [Alan J. Statman] re 19 MOTION for Protective Order; attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR (TDB) |
| Filing 18 REPLY to Response to Motion re #16 MOTION to Dismiss for failure to state a claim by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC counterclaim of Defendants filed by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC. (Wiest, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #16 MOTION to Dismiss for failure to state a claim by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC counterclaim of Defendants (ECO) |
| Filing 17 RESPONSE in Opposition re #16 MOTION to Dismiss for failure to state a claim by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC counterclaim of Defendants filed by Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust. (Statman, Alan) |
| Filing 16 MOTION to Dismiss for failure to state a claim by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC counterclaim of Defendants (Attachments: #1 Proposed Order Proposed Order)(Wiest, Christopher) |
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Filing 15
SCHEDULING ORDER:(A) DEADLINES AND CASE SCHEDULE (1) Rule 26(a)(1) Initial Disclosures on or before October 7, 2022 (2) Motion to Join Parties/Amend Pleadings on or before October 31, 2022 (3) Rule 26(a)(2) Expert Witness Disclosures and Reports Deadline for Plaintiff on or before April 3, 2023 Deadline for Defendant on or before May 1, 2023(4) Rule 26(e) Supplements on or before April 3, 2023 (5) Fact Discovery on or before April 3, 2023 (6) Expert Discovery on or before June 17, 2023 (7) Status Report on or before June 17, 2023 (8) Dispositive or Daubert Motions on or before June 17, 2023 (9) Copies of Memoranda A courtesy copy of briefs and memoranda in support of motions must be provided to Chambers within 48 hours of electronic filing; said courtesy copy should be in paper form or electronic format (Using Word) e-mailed to Judge Bunnings Chambers.(B) PRE-TRIAL DISCOVERY PROCEDURE (SEE ORDER FOR DETAILS)(TDB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #14 Report of Rule 26(f) Planning Meeting (TJZ) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Wiest, Christopher) |
| Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Bulldog Media,Inc.. (Statman, Alan) |
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Filing 12
ORDER FOR MEETING AND REPORT(1) Within twenty-one (21) days from the date of the entry of this Order, the parties, or, if represented by counsel, through their counsel, shall meet, either in person or by telephone, to discuss the nature and basis of their claims and defenses, and the possibilities for a prompt settlement or resolution of the case, and to develop a proposed discovery plan. See Fed. R. Civ. P. 26(f)(3). (2) Within ten (10) days after the meeting, the parties shall file a joint status report (see Order): (3) Should the parties find that a joint report is not possible, the parties shall each file individual reports which the Court shall entertain for the purposes of setting out its Scheduling Order or other appropriate Order. Signed by Judge David L. Bunning on 09/09/2022.(TDB)cc: COR
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| Filing 11 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Alan J. Statman has been filed by Bulldog Media,Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TDB) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #9 Answer to Complaint, Counterclaim (TDB) |
| Filing 10 SUMMONS Returned Executed by Lewandowski Strategic Advisors,LLC, Corey R. Lewandowski via certified return receipt to Bulldog Media,Inc. served on 8/18/2022, answer due 9/8/2022; Eric C. Deters served on 8/18/2022, answer due 9/8/2022; Deters for Governor Campaign served on 8/18/2022, answer due 9/8/2022; Eric C Deters Irrevocable Trust served on 9/1/2022, answer due 9/22/2022. (Wiest, Christopher) |
| Filing 9 FIRST ANSWER to #1 Complaint with Jury Demand , FIRST COUNTERCLAIM against All Plaintiffs by Bulldog Media,Inc., Deters for Governor Campaign, Eric C. Deters, Eric C Deters Irrevocable Trust.(Statman, Alan) |
| Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC. (Wiest, Christopher) |
| Filing 7 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Christopher David Wiest. #1 Complaint has been filed by Lewandowski Strategic Advisors, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
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Filing 5
ORDER: that this matter be, and it is, hereby reassigned to the Honorable David L. Bunning, Judge of the United States District Court for the Eastern District of Kentucky. Signed by Judge William O. Bertelsman on 8/17/2022.(ECO)cc: COR
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings is required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Conflict Check run. (ECO) |
| Filing 4 Summons Issued as to Bulldog Media,Inc., Eric C. Deters, Deters for Governor Campaign, Eric C Deters Irrevocable Trust; Summons issued and returned to counsel electronically (ECO) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5338661), filed by Corey R. Lewandowski, Lewandowski Strategic Advisors,LLC. (Attachments: #1 Exhibit A-Consulting Agreement, #2 Civil Cover Sheet, #3 Proposed Summons)(ECO) |
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