Connor v Kotchen et al
| John M. Connor |
| Daniel A. Kotchen, Kotchen & Low, LLP, Matthew Henken and Bois, Schiller, Flexner, LLP |
| 0:2019cv00842 |
| March 25, 2019 |
| US District Court for the District of Minnesota |
| Joan N Ericksen |
| Steven E Rau |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 36 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Joseph Striewe, Andrew Miroff, Samuel Gardner as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (kt)cc: Joseph Striewe, Andrew Miroff, Samuel Gardner. (kt) |
| Filing 35 Case transferred in from District of Indiana Southern; Case Number 1:18-cv-01118. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Joan N. Ericksen and referred to Magistrate Judge Steven E. Rau per 3rd/4th Master List. |
| Filing 34 Transfer Letter to Clerk of the District Court of Minnesota. Case transferred electronically to District Court of Minnesota, on 3/21/2019. (CKM) [Transferred from Indiana Southern on 3/25/2019.] |
Filing 33
ORDER - ON MOTIONS TO DISMISS (DKT. 19) AND TO TRANSFER (DKT. 16); Defendants' motion to dismiss, Dkt. #19 , is GRANTED IN PART AND DENIED IN PART: The motion is GRANTED as to Counts II and III of the complaint, Dkt. #15 , which are DISMISSED WITH PREJUDICE. Defendants Henken and Boies are DISMISSED because no claims against them remain pending. The motion is DENIED as to Count I of the complaint and as to Defendants Kotchen and Kotchen & Low. Plaintiff's motion to transfer, Dkt. #16 , is GRANTED. The Clerk is DIRECTED TO TRANSFER this case to the United States District Court for the District of Minnesota. Plaintiff's motion for leave to file a surreply, Dkt. #25 , is DENIED. Signed by Judge Sarah Evans Barker on 3/21/2019. (CKM) [Transferred from Indiana Southern on 3/25/2019.]
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Filing 32
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on August 7, 2018, with the magistrate judge. The defendants' motion to stay discovery (Dkt. #27 ) is GRANTED. Notwithstanding that stay, the plaintiff is directed to serve a settlement proposal on counsel for defendant by August 14, 2018, and defendants shall serve a response by August 28, 2018. Counsel shall copy the magistrate judge's chambers with these communications at judgelynchchambers@insd.uscourts.gov. The defendants' compliance with this direction shall in no event be construed as a waiver of their position that the court lacks personal jurisdiction. Signed by Magistrate Judge Debra McVicker Lynch. (AKW) [Transferred from Indiana Southern on 3/25/2019.]
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| Filing 31 REPLY in Support of Motion re #27 MOTION to Stay Discovery , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 29 Amendment to Plaintiff's CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JOHN M. CONNOR . (Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 28 RESPONSE in Opposition re #27 MOTION to Stay Discovery , filed by Plaintiff JOHN M. CONNOR. (Attachments: #1 Exhibit Emails exchanged)(Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 27 MOTION to Stay Discovery, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 26 RESPONSE in Opposition re #25 MOTION for Leave to File Surreply To Motion To Dismiss , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 25 MOTION for Leave to File Surreply To Motion To Dismiss, filed by Plaintiff JOHN M. CONNOR. (Attachments: #1 Proposed Surreply, #2 Exhibit declaration of Joseph G. Striewe, #3 Text of Proposed Order Proposed Order)(Striewe, Joseph)[Transferred from Indiana Southern on 3/25/2019.] |
| Filing 24 NOTICE of Parties First Extension to Time by All Defendants (Gardner, Samuel) Modified on 7/12/2018 (CKM). [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 23 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Attachments: #1 Exhibit 1)(Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 22 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint , filed by Plaintiff JOHN M. CONNOR. (Attachments: #1 Affidavit Declaration of John M. Connor, #2 Affidavit Declaration of Laura R. Craft)(Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Transfer Case , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Attachments: #1 Exhibit 1-Declaration of Matthew J. Henken, #2 Exhibit 2-Declaration of Daniel A. Kotchen)(Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
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Filing 18
ORDER Regarding Amended Complaint and Denying Motion to Dismiss as Moot: Less than 21 days after the defendants served their motion to dismiss under Rules 12(b)(2) and 12(b)(6), plaintiff John M. Connor filed an amended complaint. As provided by Fed. R. Civ. P. 15(a)(1)(B), a party may amend his pleading once as a matter of course within 21 days of service of a Rule 12(b) motion. The court therefore accepts the First Amended Complaint, at Dkt. 15, as the operative complaint. The filing of the amended complaint moots the motion to dismiss directed at the original complaint. The motion to dismiss (Dkt. #13 ) is therefore DENIED as MOOT. Any renewed motion to dismiss must be directed to the amended complaint. Signed by Magistrate Judge Debra McVicker Lynch on 6/5/2018. (SWM) [Transferred from Indiana Southern on 3/25/2019.]
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Filing 17
ENTRY and ORDER from Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 5/22/2018. The court will not enter a case management plan at this time. The plaintiff is given until June 18, 2018 to respond to the motion to dismiss (Dkt. 13). This case is set for a telephone status conference on August 7, 2018, at 10:00 a.m. (Eastern Time), with Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) [Transferred from Indiana Southern on 3/25/2019.]
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| Filing 16 MOTION to Transfer Case , filed by Plaintiff JOHN M. CONNOR. (Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by JOHN M. CONNOR. (Attachments: #1 Exhibit, #2 Onpoint-Kotchen, #3 Onpoint Billing, #4 Onpoint Assignment of claims, #5 Connor demand, #6 Kotchen refusal)(Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Dismiss Complaint , filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Attachments: #1 Exhibit 1-Declaration of Matthew Henken, #2 Exhibit 2 - Declaration of Daniel Kotchen)(Miroff, Andrew) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 13 MOTION to Dismiss Complaint, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Miroff, Andrew) [Transferred from Indiana Southern on 3/25/2019.] |
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Filing 12
ORDER Resetting Initial Pretrial Conference: The court, on its own motion, VACATES the initial pretrial conference set for May 14, 2018, and RESETS it for May 22, 2018, at 2:00 p.m. (Eastern). All other provisions of the court's Order Setting Initial Pretrial Conference (Dkt. #7 ) remain in full force and effect. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2018.(SWM) [Transferred from Indiana Southern on 3/25/2019.]
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| Filing 11 CASE MANAGEMENT PLAN TENDERED, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP . (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 10 NOTICE of Appearance by Joseph Striewe on behalf of Plaintiff JOHN M. CONNOR. (Striewe, Joseph) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 9 *** PLEASE DISREGARD SEE DKT #10 *** NOTICE of Appearance by Joseph Striewe on behalf of Plaintiff JOHN M. CONNOR. (Striewe, Joseph) Modified on 4/30/2018 (CKM). [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 8 NOTICE of Parties First Extension to Time to Respond to Complaint, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP (Gardner, Samuel) Modified on 4/18/2018 (CKM). [Transferred from Indiana Southern on 3/25/2019.] |
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Filing 7
SCHEDULING ORDER: Initial Pretrial Conference set for 5/14/2018 10:00 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 4/16/2018.(SWM) [Transferred from Indiana Southern on 3/25/2019.]
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 6 *** PLEASE DISREGARD NOTICE *** NOTICE to File Corporate Disclosure Statement to BOIES, SCHILLER, FLEXNER, LLP, KOTCHEN & LOW, LLP. (LAB) (CKM) Modified on 4/13/2018 (CKM). [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 4 NOTICE of Appearance by Andrew J. Miroff on behalf of Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Miroff, Andrew) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 3 NOTICE of Appearance by Samuel B. Gardner on behalf of Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP. (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 2 NOTICE of Filing Certificate of Compliance with Notice of Removal Procedures, filed by Defendants BOIES, SCHILLER, FLEXNER, LLP, MATTHEW HENKEN, DANIEL A. KOTCHEN, KOTCHEN & LOW, LLP (Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior, case number 49D04-1803-PL-010103, filed by All Defendants. (Filing fee $400, receipt number 0756-4838853) (Attachments: #1 Exhibit State Court Record (Appearance on behalf of Plaintiff, Complaint, Summons, Appearance on behalf of Defendants, Motion for Initial Automatic Enlargement of Time, Order Granting Enlargement of Time), #2 Exhibit Civil Cover Sheet)(Gardner, Samuel) [Transferred from Indiana Southern on 3/25/2019.] |
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