Donovan v. Herman
| Brian J. Donovan |
| Stephen J. Herman |
| 2:2019cv12014 |
| August 7, 2019 |
| US District Court for the Eastern District of Louisiana |
| Carl Barbier |
| Joseph C Wilkinson |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 27
ORDER Regarding Filing Requests for Summons and Summons Returns; ORDERED that requests for summons shall be filed in the docket for the member case, as opposed to the master docket. FURTHER ORDERED that summons returns shall not be filed into any docket, master or member, unless filing the summons return becomes necessary (for example, in connection with a motion for default judgment). When it is necessary to file a summons return, the attorney shall avoid filing the summons return as a separate, stand-alone document in the master docket. Instead, the summons return shall be filed as an exhibit to the motion, etc., to which it relates. (Doc #10204 in 10-md-2179). Signed by Judge Carl Barbier on 05/20/2013. (gec)
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Filing 26
PRETRIAL ORDERS #1, #11, #12 1st Amended, #25, #31, & #41 2nd Amended. Signed by Judge Carl Barbier. (Attachments: #1 PTO #11, #2 PTO #12 1st Amended, #3 PTO #25, #4 PTO #31, #5 PTO #41 2nd Amended) (gec)
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| Filing 25 Case transferred in from District of Florida Middle; Case Number 8:19-cv-00623. Electronic file certified copy of transfer order and docket sheet received (gec) |
| Filing 24 MULTIDISTRICT LITIGATION panel order transferring case to: Eastern District of Louisiana re: MDL case number: 2179. (AG) [Transferred from flmd on 8/7/2019.] |
| Filing 23 STATUS report (JOINT) by Stephen J. Herman. (Attachments: #1 Appendix A, #2 Exhibit B, #3 Exhibit B-2, #4 Exhibit C)(Jones, Richard) [Transferred from flmd on 8/7/2019.] |
| Filing 22 NOTICE by Brian J. Donovan Notice of Filing of Plaintiff's Reply in Support of Motion to Vacate CTO-139 with JPML (Attachments: #1 EXHIBIT 1, #2 EXHIBIT 2, #3 EXHIBIT 3)(Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
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Filing 21
ENDORSED ORDER: The parties are directed to provide a status report by May 22, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/16/2019. (Covington, Virginia) [Transferred from flmd on 8/7/2019.]
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| Filing 20 NOTICE by Brian J. Donovan Notice of Filing of Motion to Vacate CTO-139 and Brief with JPML (Attachments: #1 Memorandum in Support of Motion to Vacate CTO-139, #2 Memorandum in Support of Motion Requesting Total MDL 2179 PSC Compensation)(Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
| Filing 19 RESPONSE in Opposition re #11 MOTION to dismiss for failure to state a claim filed by Brian J. Donovan. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - MDL 2179 Fee and Cost Committee Recommendation, #3 Exhibit Exhibit C - Memo Requesting Total MDL 2179 PSC Compensation)(Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
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Filing 18
ENDORSED ORDER denying #7 Motion to Remand to State Court. The parties are diverse and the amount in controversy exceeds $75,000. Removal was proper. Signed by Judge Virginia M. Hernandez Covington on 4/11/2019. (Covington, Virginia) [Transferred from flmd on 8/7/2019.]
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| Filing 17 RESPONSE to Motion re #7 First MOTION to remand to State Court filed by Stephen J. Herman. (Jones, Richard) [Transferred from flmd on 8/7/2019.] |
| Filing 16 NOTICE canceling Case Management Hearing, Motion re #7 First Motion to remand to State Court, and #11 Motion to dismiss for failure to state a claim hearing scheduled for 4/17/2019 at 1:30 PM. (TWL) [Transferred from flmd on 8/7/2019.] |
| Filing 15 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Stephen J. Herman. Related case(s): Yes (Klein, Robert) [Transferred from flmd on 8/7/2019.] |
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Filing 14
ENDORSED ORDER: A conditional transfer order has on today's date been entered by the Panel on Multidistrict Litigation. Thus, the Court cancels the hearing scheduled in this case and awaits transfer of this matter. Signed by Judge Virginia M. Hernandez Covington on 4/4/2019. (Covington, Virginia) [Transferred from flmd on 8/7/2019.]
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| Filing 13 NOTICE of hearing: Case Management Hearing, Motion re #7 First Motion to remand to State Court, and #11 Motion to dismiss for failure to state a claim set for April 17, 2019, at 1:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Absent compelling circumstances and leave of Court, Lead Counsel must appear in person at the Case Management Hearing. Lead Counsel must be prepared to discuss the claims and defenses as well as any unique aspects of the case with the Court. This hearing is an investment of the Court's time and presents an opportunity for Counsel to meet the judge presiding over their case as well as present any issues that should be called to the Court's attention. (TWL) [Transferred from flmd on 8/7/2019.] |
| Filing 12 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Brian J. Donovan. Related case(s): no (Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
| Filing 11 MOTION to dismiss for failure to state a claim by Stephen J. Herman. (Jones, Richard) [Transferred from flmd on 8/7/2019.] |
| Filing 10 CASE MANAGEMENT REPORT. (Klein, Robert) [Transferred from flmd on 8/7/2019.] |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Stephen J. Herman. (Klein, Robert) [Transferred from flmd on 8/7/2019.] |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re 5 Order by Brian J. Donovan. (Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
| Filing 7 First MOTION to remand to State Court by Brian J. Donovan. (Attachments: #1 Exhibit Complaint, #2 Exhibit Defendant's Notice of Tag-Along Action)(Donovan, Brian) [Transferred from flmd on 8/7/2019.] |
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 3/21/2019. (TWL) [Transferred from flmd on 8/7/2019.]
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by March 29, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 3/15/2019. (KAK) [Transferred from flmd on 8/7/2019.]
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Filing 4
ENDORSED ORDER granting (Doc. #3 ) Defendant's Unopposed Motion for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint. Defendant's response to the Complaint is due on April 1, 2019. Signed by Judge Virginia M. Hernandez Covington on 3/15/2019. (KAK) [Transferred from flmd on 8/7/2019.]
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| Filing 3 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by Stephen J. Herman. (Klein, Robert) [Transferred from flmd on 8/7/2019.] |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-623-T-33TGW. (SJB) [Transferred from flmd on 8/7/2019.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit Court Hillsborough County, Florida, case number 19-CA-001530 filed in State Court on 02-12-2019. Filing fee $ 400, receipt number 113A-15233800 filed by Stephen J Herman. (Attachments: #1 Complaint, #2 Exhibit, #3 Exhibit, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Klein, Robert) Modified document description and text on 3/14/2019 (KMM). [Transferred from flmd on 8/7/2019.] |
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| Defendant: Stephen J. Herman | |
| Represented By: | Robert Michael Klein |
| Represented By: | Richard M. Jones |
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| Plaintiff: Brian J. Donovan | |
| Represented By: | Brian J. Donovan |
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