SWEIGERT v. GOODMAN et al
| D.G. Sweigert |
| Jason Goodman, 21st Century 3D, CROWDSOURCE THE TRUTH and PATREON, INC. |
| 1:2024cv02203 |
| March 25, 2024 |
| US District Court for the Southern District of New York |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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Filing 86
STANDING ORDER M10-468 (24 MC 127): To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by prose plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba)
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| Filing 85 CASE TRANSFERRED IN from the United States District Court - District of Indiana Southern; Case Number: 1:23-cv-01228. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Filing 84 Transfer Letter to Clerk of the Southern District of New York. Case transferred electronically to Southern District of New York on 2/28/2024. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 83
CLOSED TRANSFER to Southern District of New York - This case, between two pro se litigants with a history of mutually accusatory and generally frivolous litigation, has no operative complaint. The Court warned that noncompliance with its instructions might result in dismissal or transfer, (Order #5 , ECF No. #45 ), and the Court now follows through. The Court could simply dismiss the case as "frivolous or malicious." But the Court thinks it worthwhile to transfer the case instead, because the New York courts, themselves harassed by these Parties, may wish to impose or enforce sanctions, and so prevent further abuse of judicial resources. The pending motions, (ECF Nos. #51 , #54 , #61 , #63 , #66 , #71 , #72 , #77 , #80 , #81 ), are denied; the scheduled status conference is cancelled, and the clerk is directed to transfer the action to the Southern District of New York. (See Order.) Signed by Judge James R. Sweeney II on 2/28/2024. Copies distributed pursuant to distribution list. (JSR) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 82 CERTIFICATE OF SERVICE by JASON GOODMAN (LF) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 81 MOTION (Request) for Judicial Notice, filed by Defendant JASON GOODMAN. (Attachments: #1 Exhibit A - Letter)(SWM) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 80 MOTION for Judicial Notice filed by Plaintiff D.G. SWEIGERT. (Attachments: #1 Exhibit)(BAA) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 79
MARGINAL ENTRY: Acknowledged. Clerk is directed to update docket text, re #78 Notice (Other). See Order. Signed by Judge James R. Sweeney II on 2/22/2024. Copies mailed per Distribution list. (LF) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 76 Mail Returned as undeliverable. #47 Parties Short Record sent to D.G. SWEIGERT. (AJG) Modified on 2/22/2024 - Resent #47 to Plaintiff with PMB included (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 78 NOTICE of Mistake and Entries in Error on Docket, filed by Plaintiff D.G. SWEIGERT, re #51 MOTION, #61 MOTION. (DWH) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 77 MOTION for Non Public Scheduling Conference, filed by Plaintiff D.G. SWEIGERT. (DWH) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 75 CERTIFICATE OF SERVICE by JASON GOODMAN re #72 MOTION (AAS) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 74 CERTIFICATE OF SERVICE by JASON GOODMAN re #72 MOTION (AAS) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 73
SCHEDULING ORDER:Telephonic Status Conference set for 3/7/2024 11:30 AM (Eastern Time) before Magistrate Judge Mario Garcia. Parties shall attend the status conference by calling (571) 353-2301, Guest Meeting ID: 719554099. If there are technical difficulties the parties are to call chambers at 317-229-3610. Copy to D.G. Sweigert and Jason Goodman via US Mail. Signed by Magistrate Judge Mario Garcia on 2/15/2024. (SWM) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 72 MOTION for Court to Take Judicial Notice filed by Defendant JASON GOODMAN. (Attachments: #1 Exhibit)(BAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 71 MOTION for Court to Take Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (Attachments: #1 Exhibit)(LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 70 NOTICE of Mistake and Entries in Error on Docket, filed by Plaintiff D.G. SWEIGERT. (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 69 CERTIFICATE OF SERVICE by JASON GOODMAN re #66 MOTION Seeking Leave to File a Counterclaim (JSR) Modified on 2/13/2024 - Updated dkt text (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 68 MEMORANDUM in Support re #66 MOTION Seeking Leave to File a Counterclaim, filed by Defendant JASON GOODMAN. (JSR) Modified on 2/13/2024 - Updated dkt text (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 67 EXHIBITS re #66 MOTION Seeking Leave to File a Counterclaim, filed by Defendant JASON GOODMAN. (JSR) Modified on 2/13/2024 - Updated dkt text (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 66 MOTION Seeking Leave to File a Counterclaim, filed by Defendant JASON GOODMAN. (JSR) Modified on 2/13/2024 - Updated dkt text (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 65 NOTICE of Motion Seeking Leave to File a Counterclaim, filed by Defendant JASON GOODMAN (JSR) Modified on 2/13/2024 - Updated dkt text (JSR). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 64 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #63 MOTION (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 63 MOTION for Clarification of Order, filed by Plaintiff D.G. SWEIGERT. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 62 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #61 MOTION (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 61 MOTION for Contempt, filed by Defendant Jason Goodman. (JSR) (Additional attachment(s) added on 2/7/2024: #1 Exhibit) (JSR). Modified to correct docket text per dkt #79 on 2/22/2024 (LF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 60 MANDATE of USCA as to #46 Notice of Appeal filed by D.G. SWEIGERT (USCA #24-1091) - IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 59 NOTICE to the Court of Filing Jurisdictional Statement with the Court of Appeals by D.G. SWEIGERT (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 58
MARGINAL ENTRY: Acknowledged. Clerk is directed to updated docket text re #57 Notice (Other). See Order. Signed by Judge James R. Sweeney II on 2/1/2024. Copies mailed per Distribution list. (LF) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 57 NOTICE of Correction, filed by Plaintiff D.G. SWEIGERT (AAS) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 56 First Sworn DECLARATION of Plaintiff by D.G. SWEIGERT. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 53 CERTIFICATE OF SERVICE by Jason Goodman re #52 Notice of Errata and Corrections (KAA) Modified on 2/1/2024 (LF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 52 NOTICE of Errata and Corrections, filed by Defendant Jason Goodman, re #51 MOTION. (Attachments: #1 Exhibit) (KAA) Modified on 2/1/2024 (LF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 55 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #54 Plaintiff's Fourth MOTION for Judicial Notice. (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 54 Plaintiff's Fourth MOTION for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (Attachments: #1 Exhibit)(KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 51 MOTION for Judicial Notice, filed by Defendant Jason Goodman. (Attachments: #1 Exhibit, #2 Certificate of Service)(LBT) Modified to correct docket text per dkt #79 on 2/22/2024 (LF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 50 RETURN of Service Unexecuted as to JASON GOODMAN, filed by D.G. SWEIGERT. (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 49 USCA Case Number 24-1091 for #46 Notice of Appeal filed by D.G. SWEIGERT. (Attachments: #1 Fee Notice)(KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 48 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #46 Notice of Appeal. - for Court of Appeals Use Only. (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 47 PARTIES' SHORT RECORD re #46 Notice of Appeal - Instructions for Attorneys/Parties attached. (Copy to appellant via US Mail.) (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 46 NOTICE OF APPEAL as to #45 Order on Motion; Order on Motion to Stay, filed by Plaintiff D.G. SWEIGERT. (No fee paid with this filing) (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 45
Order on Various Motions - The existing motions, (ECF Nos. #18 , #21 , #28 , #30 , and #42 ), are denied, except insofar as the Court takes judicial notice of the Parties' litigation history in other courts. The operative Amended Complaint, (ECF No. #13 ), is dismissed without prejudice for failure to comply with Rule 8. Fed. R. Civ. P. 8(a). That makes the Magistrate Judge's Order extending Patreon's Answer deadline, (ECF No. #40 ), moot, because there is now no Complaint to be answered. The Court will give the Parties a chance to begin again. Sweigert is given until 4:00 p.m. Friday, February 02, 2024, to file a motion titled "Motion for Leave to File Second Amended Complaint." That Motion should contain only: (See Order.) Signed by Judge James R. Sweeney II on 1/19/2024. Copies distributed pursuant to distribution list. (JSR) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 44 CERTIFICATE OF SERVICE of Amended Complaint and Summons by D.G. SWEIGERT (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 43 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #42 Third MOTION for Judicial Notice. (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 42 Third MOTION for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 40
ORDER - Upon consideration of the parties' Stipulations to Extend Defendant Patreon Inc.'s Responsive Pleading Deadlines (Dkts. #37 and #39 ) the Court hereby ORDERS as follows: Defendant Patreon, Inc.'s responsive pleading to Plaintiff D.G. Sweigert's Amended Complaint for Damages, filed November 11, 2023 Dkt. No. #13 , shall be filed on or before February 2, 2024. Copy to Parties via US Mail. Signed by Magistrate Judge Mario Garcia on 01/02/2024.(AAS) [Transferred from Indiana Southern on 3/25/2024.]
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Filing 41
ORDER SETTING PRO SE INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for a TELEPHONIC INITIAL PRETRIAL CONFERENCE on Monday, March 25, 2024 at 2:30 p.m. (Eastern), before the Honorable Mario Garcia, United States Magistrate Judge. The parties shall attend the conference by using the following call-in information: 866-434-5269, Access Code 1040400, Security Code 231228. SEE ORDER. Copy to Parties via US Mail. Signed by Magistrate Judge Mario Garcia on 12/29/2023.(AAS) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 39 STIPULATION To Extend Defendant's Responsive Pleading Deadline to February 2, 2024, filed by Defendant PATREON, INC.. (Layton, Tyler) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 37 STIPULATION to Extend Responsive Pleading Deadline, re #13 Amended Complaint, filed by Defendant PATREON, INC.. (Layton, Tyler) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 38 NOTICE regarding extension of time to file answer, filed by Plaintiff D.G. SWEIGERT (LF) (Additional attachment(s) added on 12/18/2023: #1 Certificate of Service) (LF). [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 36
ORDER granting #31 Motion to Appear pro hac vice. Attorney Tyler M. Layton for PATREON, INC. added. Signed by Magistrate Judge Mario Garcia on 12/8/2023. (KAA) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 35 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #34 Response in Opposition to Motion Request for Judicial Notice, filed by D. G. Sweigert. (SWM) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 34 ADDITIONAL RESPONSE in Opposition re #30 MOTION Request for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (SWM) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 31 MOTION for Attorney(s) Tyler M. Layton to Appear pro hac vice (Filing fee $100, receipt number BINSDC-7934257), filed by Defendant PATREON, INC.. (Layton, Tyler) Modified on 12/7/2023 - corrected spelling of name (RSF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 33 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #32 Response in Opposition to Motion. (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 32 RESPONSE in Opposition re #30 MOTION Request for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 30 MOTION Request for Judicial Notice, filed by Defendant Jason Goodman. (Attachments: #1 Exhibits)(DWH) Modified to correct filing party on 12/7/2023 (JRT). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 29 CERTIFICATE OF SERVICE to #28 Second Motion for Judicial Notice by D.G. SWEIGERT (JRB) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 28 Second MOTION for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (JRB) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 27 Submission of Proof of Service, filed by Plaintiff D.G. SWEIGERT. (LF) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 26 Submission of Certificate of Service Regarding Brief in Support of Response Dkt. #22 , filed by Plaintiff D.G. SWEIGERT. (AAS) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 25 BRIEF/MEMORANDUM in Support re #22 Response in Opposition to Motion, filed by Plaintiff D.G. SWEIGERT. (AAS) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 24 CERTIFICATE OF SERVICE by D.G. SWEIGERT re #21 MOTION, #22 Response in Opposition to Motion, #23 Exhibit (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 23 EXHIBITS in Support re #22 Response in Opposition to Motion by D.G. SWEIGERT. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 22 RESPONSE in Opposition re #18 MOTION to Stay, filed by Plaintiff D.G. SWEIGERT. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 21 MOTION for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (Attachments: #1 Exhibits) (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 20 CERTIFICATE OF SERVICE upon JASON GOODMAN by D.G. SWEIGERT. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 19 CERTIFICATE OF SERVICE by JASON GOODMAN. (DWH) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 18 MOTION (Memorandum) to Stay Proceedings, filed by Defendant Jason Goodman. (DWH) Modified on 11/22/2023 to correct filer (DWH). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 17 NOTICE OF Motion to Stay Proceedings, filed by Defendant, Jason Goodman (DWH) Modified on 11/22/2023 to correct filer (DWH). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 16 Summonses Issued as to JASON GOODMAN, PATREON, INC.. (TPS) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 15 Submission of Proposed Summons, filed by Plaintiff D.G. SWEIGERT. (LF) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 14 Submission of Proposed Summons, filed by Plaintiff D.G. SWEIGERT. (LF) Modified on 11/21/2023 (LF). [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 13 AMENDED COMPLAINT against 21ST CENTURY 3D, CROWDSOURCE THE TRUTH, JASON GOODMAN, PATREON, INC., filed by D.G. SWEIGERT. (Attachments: #1 Exhibits)(KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 12 Letter from D.G. SWEIGERT received with payment. (Attachments: #1 Envelope) (KAA) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 11 RECEIPT #7715 for filing fee in the amount of $402.00, paid by D.G. SWEIGERT. (DJH) [Transferred from Indiana Southern on 3/25/2024.] |
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Filing 10
Order Extending Deadline - Plaintiff provided notice of a change of address. In the interest of justice, the Court extends the deadline for Plaintiff to either pay the $402 filing fee or demonstrate a financial inability to do so until November 13, 2023. The Clerk shall send Plaintiff a copy of the Notice of Deficiency, (ECF No. #7 ), and the attached form request to proceed without prepaying the filing fee along with this Order. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 10/17/2023. (Attachments: #1 Motion to Proceed In Forma Pauperis Form, #2 #7 )(JRB) [Transferred from Indiana Southern on 3/25/2024.]
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| Filing 9 Mail Returned as undeliverable. #7 Notice of Deficiency sent to D.G. SWEIGERT. (CKM) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 8 NOTICE of Change of Address for D.G. SWEIGERT from 1522 Vance Ave, Fort Wayne IN 46805 to 514 Americas Way, Box Elder SD 57719. (LF) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 7 NOTICE OF DEFICIENCY - Your complaint has been received. You shall have through October 27, 2023 in which to either pay the $402 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. Failure to correct the deficiency may subject the case to dismissal for failure to prosecute. (Attachments: #1 Motion to Proceed In Forma Pauperis Form) Copies to Plaintiff via US mail. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 6 Supplemental Complaint Evidence aka Request for Judicial Notice, filed by Plaintiff D.G. SWEIGERT. (Attachments: #1 Exhibits) (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 5 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (Copy mailed to Plaintiff.) (LBT) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 4 NOTICE of Change of Address for D.G. SWEIGERT. Address updated from 514 Americas Way Box Elder, SD 57719 to 1522 Vance Avenue, Fort Wayne, Indiana 46805. (JSR) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) [Transferred from Indiana Southern on 3/25/2024.] |
| Filing 1 COMPLAINT against 21ST CENTURY 3D, CROWDSOURCE THE TRUTH, JASON GOODMAN, filed by D.G. SWEIGERT. (No fee paid with this filing) (CCG) [Transferred from Indiana Southern on 3/25/2024.] |
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