Stein v. Rudin, et al
| Jonathan A Stein and Jonathan Stein individual doing business as Law Offices of Jonathan Stein |
| Lee Michael Rudin, Esq, Lee Michael Rudin and Unidentified Parties |
| 2:2020cv02638 |
| September 29, 2020 |
| US District Court for the Eastern District of Louisiana |
| Dana Douglas |
| Ivan LR Lemelle |
| Karen Wells Roby |
| Wendy B Vitter |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER of USCA as to #41 Notice of Appeal. USCA Judge Name: Elrod, Oldham, and Wilson: Per Curiam: IT IS ORDERED that Appellant's opposed motion to voluntarily dismiss his appeal pursuant to Fed. R. App. P. 42(b) with each party bearing its own costs is GRANTED. IT IS FURTHER ORDERED that Appellant's unopposed alternative motion to extend time to file his brief in this case, to and including November 22, 2021, is DENIED AS MOOT. (Attachments: #1 Transmittal Letter)(jeg)
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Filing 43
Electronic Record on Appeal Access Granted to Stacy N. Kennedy, James H. Gibson re #41 Notice of Appeal. USCA Case Number 21-30525. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (sdp)
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Filing 42
USCA Case Number 21-30525 appealed to USCA 5th Circuit for #41 Notice of Appeal filed by Jonathan Stein (jeg)
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Filing 41
NOTICE OF APPEAL by All Plaintiffs as to #40 Judgment. (Filing fee $ 505, receipt number ALAEDC-9009065.) (Stein, Jonathan)
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Filing 40
JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff's Complaint is DISMISSED WITH PREJUDICE. Signed by Judge Wendy B Vitter on 7/26/2021.(jeg)
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Filing 39
ORDER AND REASONS: IT IS HEREBY ORDERED that Defendant's #9 Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that the Defendant's #36 Motion for Sanctions is DENIED. Signed by Judge Wendy B Vitter on 7/23/2021. (jeg)
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Filing 38
RESPONSE to Motion filed by Jonathan Stein re #36 MOTION for Sanctions . (Attachments: #1 Affidavit Second Decla of Jonathan Stein)(Stein, Jonathan)
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Filing 37
Correction of Docket Entry by Clerk re #36 MOTION for Sanctions. **Name of attorney who electronically filed the Notice of Submission and Certificate of Service does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (jeg)
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Filing 36
MOTION for Sanctions by Lee Michael Rudin. Motion(s) will be submitted on 3/23/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Notice of Submission)(Gibson, James) Responses due by 3/15/2021 (mmv).
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Filing 35
REPLY to Response to Motion filed by Lee Michael Rudin re #9 MOTION to Dismiss for Failure to State a Claim. (cwa)
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Filing 34
ORDER granting #33 Motion for Leave to File Reply Memorandum. Signed by Judge Wendy B Vitter on 1/13/2021. (cwa)
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Filing 33
EXPARTE/CONSENT MOTION for Leave to File Objections and Reply Memorandum in Support of Motion to Dismiss (rec doc 9) by Lee Michael Rudin. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Kennedy, Stacy) Modified text on 1/12/2021 (jeg).
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Filing 32
RESPONSE to Motion filed by Jonathan Stein re #9 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Affidavit Jonathan Stein Decla, #2 Ex A Stein Expert Spreadsheet Summarizing Invoices, #3 Ex B Aaron & Gianna Invoices, #4 Ex C 2018-08-31 Golden Email refusing to waive conflict, #5 Ex D reserved, #6 Ex E 2018-09-04 Rudin takes over mediation, #7 Ex F Mediation Agt and Attendees, #8 Ex G 2018-09-27 Golden terminates Stein, #9 Ex H Golden's Iowa jury instructions, #10 Ex I Stein's Iowa jury instructions, #11 Ex J Polk County Court order, #12 Ex K Polk Sheriff release Federal Deposit, #13 Ex L Polk Sheriff release chose in action, #14 Ex M 2018-09-19 Rudin withholds settlement amount from Stein)(Stein, Jonathan)
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Filing 31
ORDER: IT IS ORDERED that the #28 Motion for Leave to File Excess Pages is DENIED. Defendant may refile an Opposition of no more than thirty pages. The Court further notes that no table of contents or table of authorities is required. Signed by Judge Wendy B Vitter on 1/5/2021. (jeg)
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Filing 30
ORDER: IT IS ORDERED that the #27 Motion for Leave to File in excess of the page limits is DENIED. Defendant may refile a Motion that complies with the local rules. The Court further notes that no table of contents or table of authorities is required. Signed by Judge Wendy B Vitter on 1/5/2021. (jeg)
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Filing 29
Correction of Docket Entry by Clerk re #28 MOTION for Leave to File Excess Pages MOTION for Leave to File . **1.Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. 2.Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. 3. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 28
EXPARTE/CONSENT MOTION for Leave to File Excess Pages Reply to rec doc 9, MOTION for Leave to File by Jonathan Stein. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading Affidavit Stein, #4 Proposed Pleading Ex A Spreadsheet for Stein Invoices, #5 Proposed Pleading Ex B Aaron & Gianna Invoices, #6 Proposed Pleading Ex C 2018-09-31 Golden Email refusing conflict waiver, #7 Proposed Pleading Ex D reserved, #8 Proposed Pleading Ex E 2018-09-04 Rudin takes over mediation and settlement, #9 Exhibit Ex F Mediation Agt and Attendees, #10 Proposed Pleading Ex G 2018-09-27 Golden terminates Stein, #11 Proposed Pleading Ex H Golden Iowa Jury instruction negligence, #12 Proposed Pleading Ex I Stein Iowa Jury instruction negligence, #13 Proposed Pleading Ex J Polk County Court Order, #14 Proposed Pleading Ex K Polk Sheriff Release Federal Deposit, #15 Proposed Pleading Ex L Polk Sheriff Release chose in action, #16 Proposed Pleading Ex M 2018-09-19 Rudin withholds settlement info, #17 Proposed Pleading Notice of Submission)(Stein, Jonathan) Modified text/exparte/attachment descriptions on 1/5/2021 (jeg).
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Filing 27
EXPARTE/CONSENT MOTION for Leave to File Memorandum in Excess of 25 pages by Lee Michael Rudin. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading Exhibit 1, #4 Proposed Pleading Exhibit 2, #5 Proposed Pleading Exhibit 3, #6 Proposed Pleading Exhibit 4, #7 Proposed Pleading Exhibit 5, #8 Proposed Pleading Exhibit 6, #9 Proposed Pleading Exhibit 7, #10 Proposed Pleading Exhibit 8, #11 Proposed Pleading Memorandum, #12 Proposed Pleading Notice of Submission)(Kennedy, Stacy)
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Filing 26
Minute Entry for proceedings held before Judge Wendy B Vitter: The Court held a telephone status conference on 12/14/2020. During the conference, the Court discussed the status of the case. The Court issued an oral Order DENYING the #11 First MOTION to Stay Court Proceedings. After hearing from the parties, the Court specifically found that granting the stay would significantly prejudice Defendant, and that judicial economy would not be served by granting the stay. The Court issued an oral Order continuing the submission date for the #9 MOTION to Dismiss for Failure to State a Claim to January 12, 2021. Any response to the Motion is due on or before January 4, 2021. Discovery in this matter is stayed pending a ruling on the Motion to Dismiss. (jeg)
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Filing 25
Correction of Docket Entry by Clerk re #23 Status Report. **Document filed in error. The Status report must be submitted to Chambers in accordance with instructions on the Scheduling Order rec doc 14.** (jeg)
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Filing 24
Correction of Docket Entry by Clerk re #22 Status Report. **Document filed in error. The Status report must be submitted to Chambers in accordance with instructions on the Scheduling Order rec doc 14.** (jeg)
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Filing 23
**ERROR** STATUS REPORT by Lee Michael Rudin (Kennedy, Stacy) Modified on 12/10/2020 (jeg).
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Filing 22
**ERROR** STATUS REPORT for December 14 Conference by Jonathan Stein (Stein, Jonathan) Modified on 12/10/2020 (jeg).
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Filing 21
ORDER: The status conference currently set in this matter for December 29, 2020, is hereby reset to December 14, 2020 at 3:00 p.m. CST. The status conference shall be conducted by telephone, and dial-in information shall be emailed to all parties. The parties are asked to submit their status reports by efile by 5:00 p.m. CST on December 10, 2020. Signed by Judge Wendy B Vitter on 12/08/2020.(ko)
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Filing 20
NOTICE regarding Oral Argument re #11 First MOTION to Stay Court Proceedings filed by Jonathan Stein. By Clerk.(mmv)
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Filing 19
REPLY to Response to Motion filed by Jonathan Stein re #11 First MOTION to Stay Court Proceedings . (Stein, Jonathan)
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Filing 18
Request/Statement of Oral Argument by Lee Michael Rudin regarding #11 First MOTION to Stay Court Proceedings (Kennedy, Stacy)
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Filing 17
RESPONSE/MEMORANDUM in Opposition filed by Lee Michael Rudin re #11 First MOTION to Stay Court Proceedings . (Kennedy, Stacy)
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Filing 16
Correction of Docket Entry by Clerk re #15 MOTION to Stay re #11 First MOTION to Stay Court Proceedings Notice of Non-Receipt of Response. **Filing attorney selected incorrect event. Correct event is NOTICE. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 15
NOTICE of Non-Receipt of any Response to re #11 First MOTION to Stay Court Proceedings by Jonathan Stein. (Stein, Jonathan) Modified text/event on 12/3/2020 (jeg).
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Filing 14
SCHEDULING ORDER: Final Pretrial Conference set for 8/12/2021 10:00 AM before Judge Wendy B Vitter. Status Conference set for 12/29/2020 11:00 AM before Judge Wendy B Vitter. Jury Trial set for 8/30/2021 09:00 AM before Judge Wendy B Vitter. All discovery must be completed by 6/14/2021. Signed by Judge Wendy B Vitter on 11/19/2020. (Attachments: #1 Pretrial Notice Form)(jeg)
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Filing 13
Correction of Docket Entry by Clerk re #11 First MOTION to Stay Court Proceedings. **Filing attorney selected incorrect submission/hearing date. Correct date is 12/15/2020. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 12
STATUS REPORT for Nov 19 Conference by Jonathan Stein (Stein, Jonathan)
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Filing 11
First MOTION to Stay Court Proceedings by Jonathan Stein. Motion(s) will be submitted on 12/15/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit Stein Decla, #4 Exhibit- Initial Disclosure)(Stein, Jonathan) Modified text/submission date on 11/17/2020 (jeg). Responses due by 12/7/2020 (mmv).
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Filing 10
Correction of Docket Entry by Clerk re #9 MOTION to Dismiss for Failure to State a Claim. **Certain Attachments had duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 9
MOTION to Dismiss for Failure to State a Claim by Lee Michael Rudin. Motion(s) will be submitted on 12/29/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Kennedy, Stacy) Modified text/attachment descriptions on 11/13/2020 (jeg). Responses due by 12/21/2020 (mmv).
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Filing 8
NOTICE of Hearing. A call-in scheduling conference is set for 11/19/2020 01:00 PM before case manager by telephone. By Clerk. Please follow the instructions provided in the notice. (mmv)
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Filing 7
TEXT ORDER (No PDF Document Attached) Granting #6 Motion for Extension of Time to Answer as to Lee Michael Rudin. Pursuant to Local Rule 7.8, Rudin shall have until November 12, 2020 to file responsive pleadings in this matter. Signed by Judge Wendy B Vitter on 10/20/2020. (fmm)
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Filing 6
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by Lee Michael Rudin. (Attachments: #1 Proposed Order)Attorney Stacy N. Kennedy added to party Lee Michael Rudin(pty:dft).(Kennedy, Stacy)
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Filing 5
ORDER: The Court on its own motion GRANTS plaintiff, Jonathan Stein, who is proceeding pro se in this matter, ECF filing privileges, limited solely and exclusively to Civil Action No. 20-cv-2638. Plaintiff's ECF privileges do not extend to any other action in the Eastern District of Louisiana, including any other action that may be filed hereafter. IT IS FURTHER ORDERED that the Clerk of Court provide Plaintiff with the administrative procedures for electronic case filings. Signed by Judge Wendy B Vitter on 10/2/2020. (Attachments: #1 Administrative Procedures for Electronic Case Filing)(jeg)(via email: jstein@jsteinlaw.com)
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Filing 4
ORDER TRANSFERRING CASE. Case transferred to Judge Wendy B Vitter and Magistrate Judge Karen Wells Roby. Judge Ivan L.R. Lemelle, Magistrate Judge Dana Douglas no longer assigned to case. Signed by Judge Ivan L.R. Lemelle on 10/01/2020.(ko)
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Filing 3
Summons Issued as to Lee Michael Rudin, Esq. (pp)
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Filing 2
Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Dana Douglas. (aj)
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Filing 1
COMPLAINT with jury demand against Jonathan A Stein (Filing fee $ 400 receipt number ALAEDC-8521426) filed by Jonathan A Stein. (Attachments: #1 Summons, #2 Civil Cover Sheet, #3 Exhibit A Mediation Brief 9-12-18, #4 Exhibit B Mediation Brief 9-18-18, #5 Exhibit C Mulholland Amended REport)Attorney Jonathan Alan Stein added to party Jonathan A Stein(pty:pla).(Stein, Jonathan)
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