MCKENZIE v. BRANNAN et al
| MICHAEL MCKENZIE individually and doing business as American Image Art |
| JAMES W BRANNAN and AARON M FREY |
| 2:2020cv00262 |
| July 26, 2020 |
| US District Court for the District of Maine |
| D BROCK HORNBY |
| JOHN C NIVISON |
| JOHN A WOODCOCK |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 47 REPLY to Response to Motion re #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) filed by MICHAEL MCKENZIE. (Attachments: #1 Declaration of Michael McKenzie, #2 Ex A - 12/6/2019 Email, #3 Ex B - 12/17/19 Email, #4 Ex C - 5/28/20 Email, #5 Ex D - 6/11/20 Email, #6 Ex E - 6/12/20 Email, #7 Ex F - 6/30/20 Email, #8 Ex G - 6/30/20 Email, #9 Ex H - 7/2/20 Email, #10 Ex I - 7/3/20 Email, #11 Ex J - 7/3/20 Email, #12 Ex K - AAA Arbitration Invoice, #13 Ex L - Declaration of Lawrence Sterrs of 9/21/2020)(MARKHAM, JOHN) |
| Filing 46 RESPONSE in Opposition re #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) filed by AARON M FREY. Reply due by 10/7/2020. (Attachments: #1 Affidavit Declaration of Lawrence J. Sterrs)(MOYLAN, CHRISTINA) |
| Filing 45 NOTICE of Docket Entry Modification regarding #44 Additional Attachments - Please note the incorrect CM/ECF Event was selected and the entry has been modified to correct "Response to Motion" to "Additional Attachments." (tcs) |
| Reset Deadlines as to #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)): Reply due by 9/23/2020. (tcs) |
| Filing 44 ADDITIONAL ATTACHMENTS re #43 Response to Motion for Preliminary Injunction (Main Document: Declaration f John C. Vazquez) filed by JAMES W BRANNAN. (Attachments: #1 Exhibit 1 - Judge Torress Decision, #2 Exhibit 2 - Statement of Claim, #3 Exhibit 3 - Arbitration Counterclaim, #4 Exhibit 4 - Term Sheet, #5 Exhibit 5 - McKenzie Email with Press Release, #6 Exhibit 6 - McKenzie Retraction Email, #7 Exhibit 7 - Email from McKenzie - Altered Term Sheet, #8 Exhibit 8 - Altered Term Sheet, #9 Exhibit 9 - Email from Estate - Draft Settlement Agreement, #10 Exhibit 10 - Draft Settlement Agreement, #11 Exhibit 11 - Email from Estate - Draft Production Agreement, #12 Exhibit 12 - Draft Production Agreement, #13 Exhibit 13 - Exchange between McKenzie and Estate, #14 Exhibit 14 - Email from McKenzie, #15 Exhibit 15 - Email between Estate and Simoni, #16 Exhibit 16 - Letter from Simoni to Estate, #17 Exhibit 17 - Email Exchange between Simoni Estate, #18 Exhibit 18 - Email correspondence with M. McLaughlin, #19 Exhibit 19 - Letter attached to M.McLaughlin email, #20 Exhibit 20 - Email from Simoni to Mansi Karol, #21 Exhibit 21 - Email from Simoni attaching a marked up draft settlement, #22 Exhibit 22 - Attached mark up draft settlement, #23 Exhibit 23 - Email response from Estate, #24 Exhibit 24 - Motion to Disqualify Panel, #25 Exhibit 25 - Reply to Motion to Disqualify Panel, #26 Exhibit 26 - Letter to AAA - Scheduling Order, #27 Exhibit 27 - Letter to AAA re RULE 37, #28 Exhibit 28 - Letter re Rule 37 Supplement, #29 Exhibit 29 - Email from Simoni forwarding McKenzie correspondence, #30 Exhibit 30 - Letter attached to Simoni email, #31 Exhibit 31 - Pre motion letter, #32 Exhibit 32 - Procedural Order No. 5 - Modified Scheduling Order)(BEEBER, JESSIE) Modified on 9/21/2020 to clean up docket text and remove reply deadline(tcs). |
| Filing 43 RESPONSE to Motion re #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) filed by JAMES W BRANNAN. Reply due by 10/2/2020. (BEEBER, JESSIE) |
| Filing 42 ANSWER to #1 Complaint,,, by AARON M FREY.(MOYLAN, CHRISTINA) |
| Filing 41 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephonic Conference of Counsel held. Reset Deadlines: Plaintiff's Reply to #23 Motion for Preliminary Injunction due by 9/23/2020. Defendant Aaron M. Frey's Response to #23 Motion for Preliminary Injunction due by 9/23/2020 (Court Reporter: Dennis Ford) (tcs) |
Filing 40
ORDER granting #39 Defenant James W. Brannan's Motion for Extension of Time to Answer By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Reset Answer Deadline as to James W. Brannan: Answer due by 9/28/2020. (tcs) |
| Filing 39 MOTION to Extend Time to File Answer re #1 Complaint,,, by JAMES W BRANNAN Responses due by 10/6/2020. (BOYLE, EDWARD) |
| Filing 38 NOTICE of Telephonic Hearing: Conference of Counsel set for 9/17/2020 10:00 AM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information. (tcs) |
| Filing 37 STATUS REPORT by MICHAEL MCKENZIE. (MARKHAM, JOHN) |
| Set deadlines at the direction of Judge Woodcock: Next Status Report due by 9/15/2020. (tcs) |
| Filing 36 STATUS REPORT by JAMES W BRANNAN. (BEEBER, JESSIE) |
| Reset Deadlines: Next Status Report due by 9/12/2020. (tcs) |
| Filing 35 STATUS REPORT by JAMES W BRANNAN. (BEEBER, JESSIE) |
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Filing 34
ORDER granting #30 Motion to Amend Procedural Order By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Reset Deadlines per Order at ECF No. 34: Parties to notify Court as to whether they are willing to mediate this matter by 9/18/2020. (tcs) |
| Reset Answer Deadlines for JAMES W BRANNAN and AARON M FREY per Order at ECF No. 34: Answers due by 9/18/2020. (tcs) |
| Set Deadlines: Status Report due by 9/9/2020. (tcs) |
| Reset Deadlines as to #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) per ECF No. 34: Responses due by 9/18/2020. (tcs) |
| Filing 33 REPLY to Response to Motion re #15 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by JAMES W BRANNAN. (BEEBER, JESSIE) |
| Filing 32 REPLY to Response to Motion re #15 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by JAMES W BRANNAN. (Attachments: #1 Reply Declaration of Jessie F. Beeber, #2 Exhibit 1 - Demand and Statement of Claim, #3 Exhibit 2 - Ex F to Estate Demand and Statement of Claim, #4 Exhibit 3 - McKenzie Response to Demand, #5 Exhibit 4 - Email and Press Release)(BEEBER, JESSIE) |
| Filing 31 RESPONSE to Motion re #30 Joint MOTION to Amend Procedural Order filed by AARON M FREY. Reply due by 9/11/2020. (MOYLAN, CHRISTINA) |
| Filing 30 Joint MOTION to Amend Procedural Order by JAMES W BRANNAN Responses due by 9/18/2020. (BEEBER, JESSIE) |
| Filing 29 RESPONSE to Motion re #15 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by AARON M FREY. Reply due by 9/10/2020. (MOYLAN, CHRISTINA) |
| Filing 28 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Conference of Counsel held via telephone. Parties to notify Court as to whether matter will be going to mediation by 8/28/2020. (Court Reporter: Tammy Martell) (tcs) |
| Filing 27 NOTICE of Hearing: Telephone Conference set for 8/21/2020 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information. (tcs) |
| Filing 26 CERTIFICATION for Admission Pro Hac Vice of Edward P. Boyle, Esq. filed by SIGMUND D. SCHUTZ on behalf of JAMES W BRANNAN (Total admission fee $ 100 receipt number AMEDC-2297157.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (SCHUTZ, SIGMUND) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Edward P. Boyle must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 8/25/2020. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (lrt) |
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Filing 25
ORDER OF RECUSAL. JUDGE D. BROCK HORNBY recused. By JUDGE D. BROCK HORNBY. (clp)
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| Case Randomly Reassigned to JUDGE JOHN A. WOODCOCK, JR. (clp) |
| Reset Deadlines as to #23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) per order #19: Responses due by 9/10/2020. (clp) |
| Filing 24 RESPONSE in Opposition re #15 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by MICHAEL MCKENZIE. Reply due by 8/28/2020. (MARKHAM, JOHN) |
| Filing 23 MOTION for Preliminary Injunction (with Request for Oral Argument under LR 7(e)) by MICHAEL MCKENZIE Responses due by 9/4/2020. (Attachments: #1 Declaration of Michael McKenzie, #2 Exhibit A - Attorney General's Petition filed in Probate Court, #3 Exhibit B - AAA Panel Email 8/8/2020, #4 Exhibit C - AAA Panel Email 7/22/2020)(MARKHAM, JOHN) |
| Filing 22 AFFIDAVIT of Jessie F. Beeber re #15 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by JAMES W BRANNAN. (Attachments: #1 Exhibit 1 - AAA Panel Response)(BEEBER, JESSIE) |
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Filing 21
ORDER granting #20 Motion for Leave to File Supplemental Declaration. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 20 Unopposed MOTION for Leave to File Supplemental Declaration on Motion to Compel Arbitration and Stay Proceedings by JAMES W BRANNAN Responses due by 9/1/2020. (Attachments: #1 Exhibit A - Beeber Supplemental Declaration)(BEEBER, JESSIE) |
| Reset Answer Deadline for AARON M FREY - Per Order #19: Answer due by 9/10/2020. (mnd) |
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Filing 19
ORDER granting #18 Motion to Extend Time to File Response to Complaint. The time is extended to September 10, 2020. In addition, in the event Plaintiff files a motion for injunctive relief and if by rule Defendant's time to respond to the motion would expire before September 10, the time to file a response to the motion is extended to September 10, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 18 Consent MOTION to Extend Time to File Answer by AARON M FREY Responses due by 8/28/2020. (MOYLAN, CHRISTINA) |
| Filing 17 CERTIFICATION for Admission Pro Hac Vice of Jessie F. Beeber filed by SIGMUND D. SCHUTZ on behalf of JAMES W BRANNAN The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (SCHUTZ, SIGMUND) |
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Filing 16
ORDER granting #13 Motion to Extend Time to File Response to Complaint. The time is extended to September 10, 2020. In addition, in the event Plaintiff files a motion for injunctive relief and if by rule Defendant's time to respond to the motion would expire before September 10, the time to file a response to the motion is extended to September 10, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 15 MOTION to Compel Arbitration, Motion to Stay Proceedings by JAMES W BRANNAN Responses due by 8/28/2020. (Attachments: #1 Affidavit Beeber Declaration, #2 Exhibit 1 - 2008 Hope Agreement, #3 Exhibit 2 - Order granting Motion to Compel Arbitration, #4 Exhibit 3 - 8/3/18 Ltr. to Hon Torres, USDC SDNY, #5 Exhibit 4 - 0703 2020 Resp. Ltr. App. for Stay, #6 Exhibit 5 - 0805 2020 E. Boyle Ltrt. to AAA)(SCHUTZ, SIGMUND) Modified on 8/7/2020 to add Motion part and clean up docket text (clp). |
| Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JESSIE F. BEEBER must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 8/19/2020. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (clp) |
| Reset Answer Deadline for JAMES W BRANNAN per order #16: Answer due by 9/10/2020. (clp) |
| Filing 14 RESPONSE to Motion re #13 Consent MOTION to Extend Time to File Answer re #1 Complaint,,, filed by MICHAEL MCKENZIE. Reply due by 8/20/2020. (ZERNER, BRIDGET) |
| Filing 13 Consent MOTION to Extend Time to File Answer re #1 Complaint,,, by JAMES W BRANNAN Responses due by 8/27/2020. (SCHUTZ, SIGMUND) |
| Filing 12 NOTICE/CORRESPONDENCE Re: of Filing of Replacement Exhibit B to Verified Complaint by MICHAEL MCKENZIE (Attachments: #1 Exhibit B to Verified Complaint - Agreement for Art Editions Contract (to replace Dkt. 1-2))(ZERNER, BRIDGET) |
| Filing 11 NOTICE of Appearance by BODIE B. COLWELL on behalf of JAMES W BRANNAN (COLWELL, BODIE) |
| Filing 10 NOTICE of Appearance by SIGMUND D. SCHUTZ on behalf of JAMES W BRANNAN (SCHUTZ, SIGMUND) |
| Filing 9 NOTICE of Appearance by CHRISTINA M. MOYLAN on behalf of AARON M FREY (MOYLAN, CHRISTINA) |
| Filing 8 NOTICE of Appearance by LINDA CONTI on behalf of AARON M FREY (CONTI, LINDA) |
| Filing 7 NOTICE/CORRESPONDENCE Re: Filing of Exhibit E to Verified Complaint (at Dkt. No. 1) by MICHAEL MCKENZIE (Attachments: #1 Exhibit E to Verified Complaint - Binding Term Sheet)(ZERNER, BRIDGET) |
| Filing 6 SUMMONS Returned Executed by MICHAEL MCKENZIE. JAMES W BRANNAN served on 7/27/2020. (ZERNER, BRIDGET) |
| Filing 5 SUMMONS Returned Executed by MICHAEL MCKENZIE. AARON M FREY served on 7/27/2020. (ZERNER, BRIDGET) |
| Set Answer Deadline for JAMES W BRANNAN in accordance with ECF#6 Summons Returned Executed served 7/27/2020: Answer due by 8/17/2020. (clp) |
| Set Answer Deadline for AARON M FREY in accordance with ECF #5 Summons Returned Executed served 7/27/2020: Answer due by 8/17/2020. (clp) |
| Filing 4 CERTIFICATION for Admission Pro Hac Vice of Bridget A. Zerner filed by JOHN J. E. MARKHAM, II on behalf of MICHAEL MCKENZIE (Total admission fee $ 100 receipt number AMEDC-2280677.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (MARKHAM, JOHN) |
| Filing 3 Summons Issued as to JAMES W BRANNAN & AARON M FREY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). First Attached Document: Brannan Summons (Attachments: #1 Frey Summons)(mnd) |
| Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2280372.), filed by MICHAEL MCKENZIE.(MARKHAM, JOHN) |
| Filing 2 CIVIL COVER SHEET. (mnd) |
| Filing 1 COMPLAINT against JAMES W BRANNAN and AARON M FREY filed by MICHAEL MCKENZIE. Service of Process Deadline 10/26/2020. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. Fee due by 7/28/2020. (Attachments: #1 Exhibit A - Estate Interim Probate Account, #2 Exhibit B - Agreement for Art Editions Contract, #3 Exhibit C - Order Compelling Arbitration, #4 Exhibit D - Arbitration Scheduling Order, #5 Exhibit E - Binding Term Sheet - to be filed under seal, #6 Exhibit F -Email of Estate Counsel)(mnd) |
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