MeccaTech v. Kiser et al
Case Number: 8:2005cv00570
Filed: December 29, 2005
Court: US District Court for the District of Nebraska
Office: Racketeer/Corrupt Organization Office
Presiding Judge: F. A. Gossett
Presiding Judge: Laurie Smith Camp
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 18:1962 Racketeering (RICO) Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 13, 2012 Opinion or Order Filing 555 ORDER - The Court finds that the Joint Stipulation 553 should be approved, and adopts the parties' Consent Judgment. Judgment be and hereby is awarded against Defendant Pat Baril and in favor of MTI in the amount of Fifty Thousand Dollar s ($50,000.00), and any and all attorney fees incurred in executing this consent judgment in the event of a default, and post judgment interest as provided by law from the date of this Judgment. Ordered by Chief Judge Laurie Smith Camp. (TEL)
July 5, 2012 Opinion or Order Filing 550 AMENDED ORDER - On or before August 3, 2012, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Chief Judge Laurie Smith Camp, at smithcamp@ned.uscourts.gov, a d raft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. bsent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
July 3, 2012 Opinion or Order Filing 549 ORDER - On or before August 3, 2012, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. (Dismissal Papers due by 8/3/2012.) Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
January 10, 2012 Opinion or Order Filing 543 ORDER regarding Status Report 542 - The parties shall complete any discovery as to damages, including expert depositions, within 90 days after a final determination in the Michigan proceedings on MTI's complaint for non-dischargeabili ty against Mr. Lange. The parties shall be prepared for trial on the remaining claims against Mr. Baril and the damages caused by the defendants within 180 days after a final determination in the Michigan proceedings on MTIs complaint for non-disc hargeability against Mr. Lange. Within five days after a final determination in the Michigan proceedings, the parties shall file a status report and schedule a telephone scheduling conference with the magistrate judge. Absent a final determination by May 31, 2012, the parties shall file a status report on that date. (Status Report due by 5/31/2012.) Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
May 20, 2011 Opinion or Order Filing 537 ORDER that the parties' joint 536 Stipulation for Dismissal and Injunction Against Defendant Sarah Shepherd is approved; All claims by MeccaTech, Inc., in this action, against Shepherd, except as to MeccaTech, Inc.'s claim for injunctive relief as provided herein, and all of Shepherd's claims against MeccaTech, Inc., are dismissed with prejudice, the parties to bear their own costs and attorneys' fees; This Order will not operate as to any party or entity, whether named in the Lawsuit or not, other than Shepherd and MTI, and does not effect a dismissal, with or without prejudice, of any claims against other individuals or parties. The Court's preliminary injunction against Shepherd entered in this action on October 8, 2008 (Filing No. 467), shall remain in full force and effect against Shepherd until 11:59 p.m. December 31, 2012. Ordered by Judge Laurie Smith Camp. (ADB, )
September 21, 2010 Opinion or Order Filing 531 SCHEDULING ORDER that counsel shall, no later than October 15, 2010, file a joint status report, or separate status reports, concerning the progression of this case to final judgment and the effect, if any, of the pending bankruptcy cases in the Nort hern District of New York on this litigation. The status report(s) shall address the likelihood that any of the pending claims will be settled, and shall include a proposed schedule for proceeding in this court to liquidate MTI's claims against all remaining defendants. Ordered by Judge Laurie Smith Camp. (JSF)
December 2, 2009 Opinion or Order Filing 530 MEMORANDUM AND ORDER - Plaintiff MeccaTech, Inc.'s Motion to Extend Preliminary Injunction 523 is granted. The Stipulation filed by MeccaTech and Defendants Sarah Shepherd and Pat Baril 529 is approved. The Preliminary Injunction granted b y the Court in Filing No. 467 is extended with respect to Defendants Sarah Shepherd, Pat Baril, and Joseph J. OHara, until October 8, 2010, specifically set forth in this Order. The Clerk of the Court shall send a copy of this Order via email and first-class mail to Joseph J. OHara at the following addresses: 19 Dove Street Suite 104Albany, NY 12210-1346 jjohara@espllc.com TOGALawFirm@aol.com. Ordered by Judge Laurie Smith Camp.(Copies mailed as directed) (KBJ)
November 10, 2009 Opinion or Order Filing 528 ORDER granting 527 Motion to Extend. Defendants Pat Baril and Sarah Shepherd shall file their response to Plaintiff MeccaTech, Inc.'s Motion to Extend Preliminary Injunction 523 on or before November 20, 2009. Ordered by Judge Laurie Smith Camp. (JSF)
October 26, 2009 Opinion or Order Filing 526 ORDER granting 525 Motion to Extend filed by Defendants Pat Baril and Sarah Shepherd; Defendants Pat Baril and Sarah Shepherd shall file their response to Plaintiff Mecca Tech, Inc's Motion to Extend Preliminary injunction 523 on or before November 10, 2009. Ordered by Judge Laurie Smith Camp. (Copies mailed)(MKR)
September 23, 2009 Opinion or Order Filing 520 ORDER - The Motion for Leave to Withdraw 519 is granted, as follows: Moving counsel shall immediately serve copies of the Motion for Leave to Withdraw, a Notice of Withdrawal, and a copy of this Order on Gary W. Lange. Moving counsel shall timely file proof of service showing compliance with Paragraph 1 of this Order, listing the names and addresses of the persons to whom notice was sent. Moving counsel will not be relieved of applicable duties to the court, the client, and opposing counsel until proof of service is filed. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, defendant Gary W. Lange will be deemed to be proceeding pro se, that is, without the assistance of counsel until such time as substitute counsel enters a written appearance on his behalf. Ordered by Magistrate Judge F. A. Gossett.(Copy mailed to pro se party) (KBJ)
July 21, 2009 Opinion or Order Filing 514 ORDER granting 513 Stipulation to amend Protective Order 118 . Ordered by Magistrate Judge F. A. Gossett. (CLS, )
June 17, 2009 Opinion or Order Filing 512 MEMORANDUM AND ORDER - Defendant Lange's Objection/Motion to Set Aside Entry of Default Judgment 508 is denied. Ordered by Judge Laurie Smith Camp. (Copies mailed to Joseph O'Hara at his Albany, NY address) (KBJ)
June 1, 2009 Opinion or Order Filing 511 MEMORANDUM AND ORDER - The Motion to Dismiss 448 filed by Defendant Joseph J. O'Hara is denied; and Defendant Joseph J. O'Hara will file an answer to the Second Amended Complaint (Filing no. 420) on or before June 25, 2009. Ordered by Judge Laurie Smith Camp. (KBJ)
April 23, 2009 Opinion or Order Filing 507 MEMORANDUM AND ORDER - The Magistrate Judge's Report and Recommendation 388 is adopted, with the exception of recommendations as to Claudia Kiser. Plaintiff MeccaTech, Inc.'s Motion for Sanctions 324 is granted as follows in this Order . Defendant Claudia Kiser's Motion to Set Aside the Report and Recommendation of the Magistrate Judge and to Allow the Defendant Claudia Kiser to Respond to Plaintiff's Motion for Sanctions 442 is denied as moot; and Defendants Sarah She pherd and Pat Baril's Motion to Set Aside the Report and Recommendation of the Magistrate Judge and to Allow Defendants Sarah Shepherd and Pat Baril to Respond to Plaintiff's Motion for Sanctions 450 is denied. Ordered by Judge Laurie Smith Camp. (KBJ)
April 8, 2009 Opinion or Order Filing 503 ORDER granting 494 Motion for Clerk's Entry of Default; granting 496 Motion for Clerk's Entry of Default; denying 498 Objection of Gary W. Lange. the Clerk of the Court shall enter default against defendants Educational Services & Pr oducts, LLC and Gary W. Lange in accordance with Fed. R. Civ. P. 55(a). Any appeal or objection to this Order, or motion to set aside the Clerk's entry of default, shall be filed no later than April 27, 2009.Plaintiff's counsel shall immedi ately serve a copy of this Order on the appropriate agent, trustee, and/or representative of Educational Services & Products, LLC and shall file proof of service with the court no later than April 20, 2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
March 30, 2009 Opinion or Order Filing 500 ORDER - The Joint Stipulation for Dismissal and Injunction Against Defendant Claudia Kiser 491 is approved; All of MTI's claims against Kiser, except MTI's claim for injunctive relief, as provided herein, are dismissed with prejudice; All of Kiser's claims against MTI are dismissed with prejudice; Further, this Order: a) Will not operate as to any party or entity, whether named in the Lawsuit or not, other than Kiser and MTI; (b) Does not effect a dismissal, with or without prej udice, of any claims against other individuals or parties, including, but not limited to, Defendants Sarah Shepherd, Pat Baril, Strategic Governmental Solutions, Inc. (SGS), Gary Lange, Joseph OHara, or Educational Services & Products, LLC (ESP), or any other current or former employee of MTI, SGS or ESP; and (c) Does not operate as a release against any individuals or parties, including Kiser. The Court's Preliminary Injunction (Filing No. 467) shall remain in full force and effect agains t Kiser until 11:59 p.m., December 31, 2010, and pursuant to said injunction: (a) Kiser is restrained from directly, or indirectly, for herself or on behalf of others, communicating with, or providing Medicaid administrative claiming services, docume nt storage or retrieval services, or direct services billing to any Nebraska school or Educational Service Unit; and (b) Kiser shall be allowed to communicate with Nebraska school districts and/or ESUs for the limited purpose of obtaining job-related references or referrals, or seeking direct employment, as long as that direct employment is in a capacity unrelated to Medicaid Administrative Claiming or any other area in which MeccaTech provides services. The Court's Preliminary Injunction shall remainin full force and effect against Defendants Patrick Baril, Joseph OHara, Gary Lange, and Sarah Shepherd under the terms of the Court's previous Order (Filing No. 467); and The parties shall pay their own costs and attorneys' fees. Ordered by Judge Laurie Smith Camp. (KBJ) Modified on 3/31/2009 to edit text (KBJ).
February 2, 2009 Opinion or Order Filing 490 ORDER - Plaintiff shall respond to Defendant Joseph O'Hara's Motion to Dismiss 448 by filing a brief on or before February 23, 2009; and Defendant Joseph O'Hara may file a reply brief, if any, in accordance with NECivR 7.1(c). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)
December 10, 2008 Opinion or Order Filing 487 ORDER - The Stipulation for Extension of Time 486 filed by Plaintiff MeccaTech, Inc. and Defendant Claudia Kiser is approved and the requested relief is granted. Plaintiff MeccaTech, Inc. shall file its response to Defendant Claudia Kisers Motion to Set Aside Report and Recommendation for Sanctions 442 on or before January 14, 2009. Ordered by Judge Laurie Smith Camp. (KBJ)
October 23, 2008 Opinion or Order Filing 476 ORDER - Plaintiff's Motion for Suspension of Deadline to Respond to Motion to Dismiss Filed by Joseph O'Hara 473 is granted. The deadline by which the Plaintiff is required to respond to Defendant Joseph O'Hara's Motion to Dism iss 448 is suspended from October 24, 2008, until after such time as the United States Bankruptcy Court for the Northern District of New York rules on the Plaintiff's Motion to Modify Automatic Stay, and the Plaintiff notifies this Court of the same. The Plaintiff shall notify this Court of the Bankruptcy Court's ruling on the Motion to Lift Stay as soon as practicable. Ordered by Judge Laurie Smith Camp. (copy mailed to Mr. O'Hara) (KBJ)
October 17, 2008 Opinion or Order Filing 471 ORDER - Plaintiff's Unopposed Motion for Indefinite Suspension of Deadline to Respond 469 is denied. The Stipulation for Suspension of Deadline to Respond 470 filed by Plaintiff MeccaTech, Inc. and Defendants Sarah Shepherd and Pat Baril is denied. Plaintiff MeccaTech, Inc. shall file its response to Defendant Claudia Kiser's Motion to Set Aside Report and Recommendation for Sanctions 442 on or before December 16, 2008; and Plaintiff MeccaTech, Inc., shall file its response to Defendants Sarah Shepherd and Pat Baril's Motion to Set Aside Report and Recommendation for Sanctions 450 on or before December 16, 2008. Ordered by Judge Laurie Smith Camp. (KBJ)
October 9, 2008 Opinion or Order Filing 468 SCHEDULING ORDER. In order to clarify which matters now require the court's attention, the parties will be required to specifically designate any motions or requests that were pending at the time of the bankruptcy reference, i.e., April 28, 200 8, which should be reopened at this time. Any requests to reopen a motion or request that was pending on April 28, 2008 must be filed by written motion no later than October 24, 2008. (Case Management Deadline set for 10/24/2008.) Ordered by Magistrate Judge F. A. Gossett. (CLS, )
October 8, 2008 Opinion or Order Filing 467 MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - Plaintiff MeccaTech, Inc.'s Motion for a Preliminary Injunction 433 is granted as set forth in this Order. This Order shall remain in effect until October 8, 2009. Service of this Order shall be made via CM/ECF on all parties and may additionally be made by email, facsimile, mail, overnight delivery to the business address of any defendant, or special process server, or any other person, or in any other manner authorized by Rule 5 of the Federal Rules of Civil Procedure and may be made on any registered agent, officer, or director of defendants, or by publication; and in addition to the service above, the Clerk of the Court shall send a copy of this Order via email and first-class mail to Joseph J. OHara at the addresses noted in this Order. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)
September 23, 2008 Opinion or Order Filing 438 TEMPORARY RESTRAINING ORDER. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed-clerk has emailed and mailed by US Mail this order as directed) (KBJ)
February 6, 2008 Opinion or Order Filing 351 ORDER - The Clerk of the Court shall enter the appearances pro se of defendants, Claudia Kiser, Sarah Shepherd, and Pat Baril. These parties may retain substitute counsel at any time; however, until such time as substitute counsel enters a written appearance, they shall personally comply with all orders of this court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Ordered by Magistrate Judge F. A. Gossett. (Copies mailed to pro se parties)(JAE, )
February 5, 2008 Opinion or Order Filing 346 ORDER granting 341 Motion to Withdraw as Attorney; granting 343 Motion to Extend Deadlines. William R. Johnson is given leave to withdraw as counsel for defendants Kiser, Shepherd, Baril and Strategic Governmental Solutions, Inc. Moving counsel shall immediately serve copies of the Motion for Leave to Withdraw, a Notice of Withdrawal, and a copy of this Order on the clients/defendants. Moving counsel shall timely file proof of service, listing the names and addresses of the persons to who m notice was sent. Moving counsel will not be relieved of applicable duties to the court, the client, and opposing counsel until proof of service is filed. Upon the filing of counsel's proof of service, defendants Claudia Kiser, Sarah Shepherd and Pat Baril will be deemed to be proceeding pro se unless substitute counsel has entered a written appearance on their behalf. Upon the filing of counsel's proof of service, the Clerk shall enter default against defendant Strategic Governmenta l Solutions, Inc. unless substitute counsel has entered a written appearance on its behalf. The deadlines set in Order 335 are suspended until further order. A new schedule will be entered after substitute counsel enter their written appearances, or after 3/5/2008, whichever is earlier. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 3, 2006 Opinion or Order Filing 6 ORDER denying 3 the Plaintiff's Application for TRO; the plaintiff's motion for expedited discovery 3 has been referred to Magistrate Judge FA Gossett, III; and a hearing on the plaintiff's motion for preliminary injunction 3 sha ll be scheduled. The Plaintiff's counsel is hereby directed to send a copy of this Order to all the defendants at their last know addresses; Counsel for the parties shall contact the courtroom deputy to inform him of their availability in the upcoming month. Signed by Judge Laurie Smith Camp on 1/3/2006. (MKR, )
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