Viola v. Bair et al
| Anthony L Viola |
| William J. Bair, Mark S. Bennett, Preet Bharara, Leslie R. Caldwell, Eric Holder, Daniel Kasaris, Douglas K. Johnson, Richard D. Owens, Dr. Mathias Otto, Deutsche Bank, Christof Von Dryander and Kathryn K. Clover |
| 1:2017cv00827 |
| April 18, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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Filing 47
Order signed by Judge James S. Gwin on 3/17/2021 denying Motion for relief (Related Doc #43 )(S,KM)
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Filing 46
Opposition to #43 Motion for relief filed by Deutsche Bank, Daniel Kasaris, Mathias Otto, Richard D. Owens, Christof Von Dryander. (Kavouras, Daniel)
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Filing 45
Notice of Substitution of Counsel removing attorney Charles Hannan and adding attorney Jake A. Elliott filed by on behalf of Daniel Kasaris. (Elliott, Jake)
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Order [non-document] entered by Judge James S. Gwin on 3/9/2021. The Court directs any response to re #43 Motion for relief filed by Anthony L Viola to be filed by 3/12/2021 at the close of business. (S,KM)
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Filing 44
Address Change Notice filed by Anthony L Viola. (Attachments: #1 Envelope)(J,FE)
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Filing 43
Motion for relief from Judgment filed by Plaintiff Anthony L Viola. Related document(s) #31 . (Attachments: #1 Exhibit A- Break down of payments, #2 Exhibit B- Invoice, #3 Exhibit C- Statement of facts, #4 Exhibit D - Indictment Comparison, #5 Exhibit E - Bank document, #6 Exhibit F - Letter, #7 Exhibit G - Report, #8 Exhibit H - Letter, #9 Exhibit I - Letter, #10 Envelope)(J,FE)
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Filing 42
True copy of order from the USCA for the Sixth Circuit: Granting appellant's motion to voluntarily dismiss the appeal re #40 (USCA# 18-3289). Date issued by USCA 6/27/19 (H,SP)
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Filing 41
Correspondence filed by Anthony L Viola. (W,Jo)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #40 Notice of Appeal (USCA# 18-3289). Date filed in USCA 4/2/18. (H,SP)
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Filing 40
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #39 Opinion and Order of 2/26/18, fled by Anthony L Viola. Filing fee not paid. (H,SP)
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Filing 39
Opinion & Order signed by Judge James S. Gwin on 2/26/18. The Court, for the reasons set forth in this order, denies plaintiff's motions for reconsideration and for a forensic audit. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. (Related Docs. #32 and #36 ) (D,MA)
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Copy of Opinion & Order mailed to Anthony L. Viola, #32238-160, FCI McKean, Federal Correctional Institution, P.O. Box 8000, Bradford, PA 16701; Kathryn K. Clover, 206 Springwood Drive, Oxford, OH 45056; and Richard D. Owens, 885 Third Avenue, New York, NY 10022 on 2/26/18. (Related Doc. #39 ) (D,MA) Modified text and regenerated NEF on 2/26/18. (D,MA)
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Filing 38
Final Reply to opposition to Motion for Forensic Audit, filed by Anthony L Viola. Related document(s) #37 . (W,Jo)
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Filing 37
Opposition to #36 Motion for Forensic Audit filed by Daniel Kasaris. (Hannan, Charles)
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Filing 36
Motion for Forensic Audit. Filed by Plaintiff Anthony L Viola. (Attachments: #1 Summary of Attachments, #2 Attachment #1 - Correspondence, #3 Attachment #2 - Cuyahoga County Common Pleas Court Complaint)(W,Jo)
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Filing 35
Reply to defendant Daniel Kasaris' opposition to motion for reconsideration filed by Anthony L Viola. (Related document(s) #32 ). (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Cuyahoga County Common Pleas Case Information) (W,Jo). Modified link on 9/15/2017 (H,SP).
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Filing 34
Opposition to #32 Motion for reconsideration filed by Deutsche Bank, Mathias Otto, Christof Von Dryander. (W,Jo)
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Filing 33
Opposition to #32 Motion for reconsideration filed by Daniel Kasaris. (Hannan, Charles)
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Filing 32
Motion for reconsideration filed by Plaintiff Anthony L Viola. (Related document(s) #30 , #31 ). (Attachments: #1 Exhibit A - List of Properties Subject to Restitution Order/Federal Count - State Count Analysis/Indictment Comparison, #2 Exhibit B -Cuyahoga County Clerk of Courts Case Information) (W,Jo). Modified on 8/23/2017 to add links (H,SP).
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Filing 31
Judgment signed by Judge James S. Gwin on 8/7/17. The Court, having entered its Opinion & Order, dismisses this case and certifies pursuant to 28 U.S.C. 1915(a)(3) that an appeal from this decision could not be taken in good faith. (Related Doc. #30 ) (D,MA)
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Filing 30
Opinion & Order signed by Judge James S. Gwin on 8/7/17 dismissing this action for the reasons set forth in this order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. (Related Doc. #1 ) (D,MA)
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Copy of Opinion & Order and Judgment mailed to Anthony L. Viola, #32238-160, FCI McKean, Federal Correctional Institution, P.O. Box 8000, Bradford, PA 16701; Kathryn K. Clover, 206 Springwood Drive, Oxford, OH 45056; and Richard D. Owens, 885 Third Avenue, New York, NY 10022 on 8/7/17. (Related Docs. #30 and #31 ) (D,MA)
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Filing 29
Notice of Service of Motion to Dismiss sent to Tony Viola, filed by Kathryn K. Clover. (Attachments: #1 Proof of Service)Related document(s) #20 .(W,Jo)
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Filing 28
Return receipt for International mail, addressed to Dr. Mathias Otto and delivered on 7/7/17. (W,Jo)
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Filing 27
Return receipt for International mail, addressed to Christof Von Dryander and delivered on 7/7/17. (W,Jo)
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Filing 26
Answer to #1 Complaint with Jury Demand filed by Richard D. Owens. (Attachments: #1 Affidavit of Service)(W,Jo)
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Filing 25
Answer to #1 Complaint filed by Deutsche Bank, Mathias Otto, Christof Von Dryander. (Attachments: #1 Exhibit Ex. A - 2017 Deutsche Bank Settlement Agreement, #2 Exhibit Ex. B - 2011 MortgageIT Settlement Agreement)(Kavouras, Daniel)
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Filing 24
Motion to file electronically filed by Defendant Richard D. Owens. (Attachments: #1 Electronic Filing Registration Form) (H,SP)
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Filing 23
Motion to dismiss for failure to state a claim filed by Defendant Richard D. Owens. Related document(s) #1 . (Attachments: #1 Memorandum of Law in Support, #2 Affidavit of Service)(W,Jo)
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Filing 22
Return of Service by Clerk by certified executed upon William J. Bair on 6/26/17 filed on behalf of William J. Bair Related document(s) #10 . (W,Jo)
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Filing 21
Return of Service by Clerk by certified mail executed upon Eric Holder on 6/22/2017, filed on behalf of Anthony L Viola Related document(s) #10 . (W,Jo)
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Filing 20
Motion to dismiss for lack of personal jurisdiction and for failure to state a claim upon which relief can be granted filed by Defendant Kathryn K. Clover. (Attachments: #1 Memorandum of Law in Support)(W,Jo)
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Filing 19
Answer to #1 Complaint with Jury Demand filed by Daniel Kasaris. (Hannan, Charles)
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Filing 18
Motion to dismiss for failure to state a claim filed by Defendant Daniel Kasaris. (Attachments: #1 Brief in Support, #2 Affidavit of Counsel)(Hannan, Charles)
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Filing 17
Return of Service by Clerk by certified mail executed upon Leslie R. Caldwell on 6/22/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Anthony L Viola Related document(s) #10 . (W,Jo)
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Filing 16
Return of Service by Clerk by certified mail executed upon Kathryn K. Clover on 6/26/2017, filed on behalf of Anthony L Viola Related document(s) #10 . (W,Jo)
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Filing 15
Return of Service by Clerk unexecuted upon Douglas K. Johnson. Service attempted by Certified on 6/26/17 filed on behalf of Anthony L Viola Related document(s) #10 . (W,Jo)
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Filing 14
Return of Service by Clerk by certified mail executed upon Richard D. Owens on 6/22/2017, filed on behalf of Anthony L Viola (Related document(s) #10 ) (W,Jo). Modified link on 6/29/2017 (H,SP).
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Filing 13
Return of Service by Clerk by certified mail executed upon Mark S. Bennett on 6/22/2017, filed on behalf of Anthony L Viola (Related document(s) #10 ) (W,Jo). Modified link on 6/29/2017 (H,SP).
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Filing 12
Return of Service by Clerk by certified mail executed upon Daniel Kasaris on 6/21/2017, filed on behalf of Anthony L Viola (Related document(s) #10 ) (W,Jo). Modified link on 6/29/2017 (H,SP).
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Service by Clerk. Summons and Complaint addressed to Preet Bharara (70161370000172183351), Leslie R. Caldwell (70161370000172183283), Kathryn K. Clover (70161370000172183412), Deutsche Bank (70161370000172183337), Eric Holder (70161370000172183290), Douglas K. Johnson (70161370001723313), Daniel Kasaris (70161370000172183344), Mathias Otto, Richard D. Owens (70161370000172183320), Mark Bennett (70161370000172183276), William Bair (70161370000172183375) placed in U.S. Mail. Type of service: certified mail. (W,Jo)
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Filing 11
Motion for reconsideration filed by Plaintiff Anthony L Viola. (Attachments: #1 Letter from Cuyahoga County Court of Common Pleas)(W,Jo)
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Filing 10
Original Summons and Magistrate Consent Form issued to plaintiff via mail for service upon William J. Bair, Mark S. Bennett, Preet Bharara, Leslie R. Caldwell, Kathryn K. Clover, Deutsche Bank, Eric Holder, Douglas K. Johnson, Daniel Kasaris, Mathias Otto, Richard D. Owens, Christof Von Dryander. (Attachments: #1 Magistrate Consent Form) (P,WL)
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Filing 9
Praecipe for issuance of Original Summons. filed by Anthony L Viola. (Attachments: #1 Summonses)(P,WL)
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Judge James S. Gwin assigned to case. Judge Donald C. Nugent terminated. (S,SR)
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Copy of Judge Reassignment mailed to Anthony L Viola #32238-160 at FCI McKean Federal Correctional Institution P.O. Box 8000 Bradford, PA 16701 on 4/20/2017. (S,SR)
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Order of Recusal. (Non-document) This case is returned to the Clerk for reassignment to another judge. Judge Donald C. Nugent on 4/20/17. (R,JM) Copy mailed to Anthony L Viola,#32238-160,FCI McKean,Federal Correctional Institution,P.O. Box 8000, Bradford, PA 16701.
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Filing 8
CASE TRANSFERRED IN from District of New York Eastern. Case number 1:17-cv-01741. Electronic file, transfer order and docket sheet received.
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Filing 7
TRANSFER ORDER, Case transferred to District of Northern District of Ohio. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. For the reasons outlined herein, this case is ordered transferred to the USDC for the Northern District of Ohio. The Court offers no opinion on the merits of the complaint, and a ruling on pltff's motion to appoint counsel, Dkt. #2, and motion for a temporary restraining order, Dkt. No. 3, is reserved for the transferee court. Seven days from the date this Order is docketed, as set forth in Rule 83.1 of the Local Rules of the EDNY, the Clerk of Court is directed to transfer the case and to close this docket for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 4/11/2017) c/m (Galeano, Sonia) [Transferred from nyed on 4/18/2017.]
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Copy of docket sheet mailed to Anthony L Viola #32238-160, FCI McKean Federal Correctional Institution, P.O. Box 8000, Bradford, PA 16701 on 04/18/2017. (M,TL)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,TL)
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Judge Donald C. Nugent assigned to case. (M,TL)
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Filing 6
ORDER: Plaintiff is to provide a copy of this Order and the enclosed rules to the defendants along with the summons and complaint. Plaintiff shall promptly advise the Court once the defendants have been served. Accordingly, if service is not made upon defendants by 6/19/2017, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. SO ORDERED by Magistrate Judge Robert M. Levy, on 3/30/2017. (Copy of this Order mailed to pro se Plaintiff w/Attachment: #1 Individual Practices of Magistrate Judge Robert M. Levy.) (Latka-Mucha, Wieslawa) [Transferred from nyed on 4/18/2017.]
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Filing 5
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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Filing 4
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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Filing 3
MOTION for Temporary Restraining Order by Anthony L. Viola. (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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Filing 2
MOTION to Appoint Counsel by Anthony L. Viola. (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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Filing 1
COMPLAINT against All Defendants, filed by Anthony L. Viola. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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FILING FEE: $ 400, receipt number 4653113105 (Bowens, Priscilla) [Transferred from nyed on 4/18/2017.]
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