Sherman v. Biglari et al
| Charna E Sherman |
| Sandeep Savla, Latham & Watkins, LLP, Christopher J Clark, Maxim Inc. and Sardar Biglari |
| 1:2018cv02887 |
| December 17, 2018 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| James S Gwin |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 76 Reply in support of #74 Motion for reconsideration and Motion to transfer venue to the Southern District of New York filed by Charna E Sherman. (Attachments: #1 Exhibit Trinity Sunaz v. Despont Studios LLC, 17-CV-1979, Order (SDNY November 28, 2017))(Sherman, Charna) |
| Filing 75 Opposition to #74 Motion for reconsideration and Motion to transfer venue to the Southern District of New York filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 74 Motion for reconsideration and Motion to transfer venue to the Southern District of New York filed by Plaintiff Charna E Sherman. Related document(s) #72 , #73 . (Sherman, Charna). Added Motion to change/transfer venue on 6/15/2020 (J,G). |
| Filing 73 Judgment Entry: For the reasons stated in the Memorandum Opinion filed contemporaneously herewith, Defendants' Motion to Dismiss (Doc. No. #8 ) is GRANTED to the extent it seeks dismissal on the basis of lack of personal jurisdiction. Defendants' Motion is DENIED AS MOOT to the extent it seeks dismissal for improper venue and failure to state a claim.The case is hereby TERMINATED. Entered by Judge Pamela A. Barker on 6/4/2020. (L,Ja) |
Filing 72
Memorandum Opinion and Order: For all the reasons set forth in this order, Defendants' Motion to Dismiss (Doc. No. #8 ) is GRANTED to the extent it seeks dismissal on the basis of lack of personal jurisdiction. Defendants' Motion is DENIED AS MOOT to the extent it seeks dismissal for improper venue and failure to state a claim. Entered by Judge Pamela A. Barker on 6/4/2020. (L,Ja)
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| Filing 71 Response to Plaintiff's Submission of Supplemental Authority filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. Related document(s) #70 . (Dettelbach, Steven) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 70 Plaintiff's Submission of Supplemental Authority on Defendants' Pending Rule 12(B)(6) Motions filed by Charna E Sherman. (Attachments: #1 Exhibit - Order, Maxim v. Gross, #2 Exhibit - Opinion, Jones v. Elyria, #3 Exhibit - Opinion, USA v. Avenatti)Related document(s) #9 , #33 , #8 , #24 .(Sherman, Charna) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 69 Supplemental Sur-Opposition to #8 Motion to dismiss, #61 Joint Motion for Supplemental briefing schedule on Motion to Dismiss for lack of jurisdiction and continuance of October 8, 2019 status conference, filed by Charna E Sherman. (Sherman, Charna) |
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Order [non-document] Status Conference set for 12/12/2019 at 01:15 PM in Chambers 16A IS CANCELLED. Any necessary Case Management Conference will be scheduled after a ruling on the #8 Motion to dismiss. Entered by Judge Pamela A. Barker on 11/12/2019. (L,Ja)
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| Filing 68 Supplemental Brief in Support of #8 Defendants' Motion to Dismiss filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 67 Exhibit 12 Defendants' Audio Files. 1 flash drive received forwarded to chambers. Related document(s) #65 . (L,MI) (Additional attachment(s) added on 10/23/2019: #1 Notice of Manual Filing) (L,MI). |
| Filing 66 FILING ERROR. PLEASE SEE DOC. #67 Notice of Manual Filing filed by Charna E Sherman. (L,MI) Modified on 10/23/2019 (W,CM). |
| Filing 65 Supplemental Opposition to #8 Motion to Dismiss for lack of jurisdiction filed by Charna E Sherman. (Attachments: #1 Exhibit 11 - Defendants Transcripts of Surreptitious Recordings Submitted in the Second Action with Mark-ups by Plaintiff, #2 Exhibit 12 Defendants Audio Files To Be Filed Manually Per the Attached Notice, #3 Exhibit 13 Jane Doe 1 et al. v. Baylor University, Order, Case No. 6:16 CV 173-RP (W.D. Texas June 7, 2019), #4 Exhibit 14 April 4, 2016 Declaration of Expert Witness Anthony V. Alfieri, Submitted by Maxim, Inc. in Second Action, #5 Exhibit 15 Guiffre v. Dershowitz, Opinion & Order, Case No. 19 CV 3377 (S.D.N.Y. October 16, 2019))(Sherman, Charna) |
| Filing 64 Transcript of Status Conference held on September 24, 2019 before Magistrate Judge William H. Baughman, Jr. To obtain a copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [19 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/17/2019. Redaction Request due 10/31/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/8/2020. (T,S) |
| Filing 63 Expedited Non-Appeal Transcript Order Form for proceedings held on 9/24/2019 before Judge William H. Baughman, Jr, re #58 Minute Order. Court Reporter: Susan Trischan. Requested completion date: 10/9/2019 filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. Related document(s) #58 . (Dettelbach, Steven) |
| Filing 62 Unopposed Motion to reschedule December 2, 2019 Status Conference for the following week filed by Plaintiff Charna E Sherman. (Sherman, Charna) |
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Order [non-document] Grants plaintiff's unopposed motion to reschedule status conference. Status Conference is rescheduled to 12/12/2019 at 01:15 PM in Chambers 16A. Entered by Judge Pamela A. Barker on 10/2/2019. #61 (L,Ja)
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| Filing 61 Joint Motion for Supplemental briefing schedule on Motion to Dismiss for lack of jurisdiction and continuance of October 8, 2019 Status Conference filed by Plaintiff Charna E Sherman. (Related document(s) #58 , #45 , #8 ) (Sherman, Charna) |
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Order Grants #61 Joint motion for supplemental briefing schedule as follows: Plaintiff will submit a supplemental brief (not to exceed 20 pages) on or before October 16, 2019; Defendants will submit a supplemental response (not to exceed 20 pages) on or before November 7, 2019; and Plaintiff will submit a supplemental reply (not to exceed 15 pages) on or before November 20, 2019. Status Conference reset for 12/2/2019 at 02:30 PM in Chambers 16A. IMPORTANT: Counsel shall confer within five (5) business days of the scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within three (3) business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Reports need not be filed, but may be delivered via email to Barker_Chambers@ohnd.uscourts.gov. Any requests to reschedule the Status Conference and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to the Status Conference, absent extenuating circumstances. With regard to a motion to reschedule the Status Conference, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the Status Conference be rescheduled or that lead counsel be excused. Entered by Judge Pamela A. Barker on 9/27/2019. (L,Ja)
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Filing 59
Order Issues of attorney-client privilege and work product protection are best determined with decisions of the merits. To avoid premature and unnecessary disputes over disclosures of documents claimed to be subject to the attorney-client privilege or the work product protection, I hereby order, under Federal Rule of Evidence 502(d), that such disclosures will not constitute a waiver of the attorney-client privilege or work product protection, as applicable, in this litigation or in any other federal or state proceeding. A party may make any disclosure to which this order applies under the terms of a protective order. Signed by Magistrate Judge William H. Baughman, Jr., on 9/25/19. (D,Ky)
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Filing 58
Minute Order Status conference held. Following their meeting on September 24, 2019 conducted pursuant to my order of September 12, 2019 (ECF No. #56 ), the plaintiff and defendants' counsel reported for the record that they had reached agreement on outstanding discovery disputes except for an issue regarding a request for admission/interrogatory plaintiff had propounded. Several potential resolutions to the issue were discussed, including the possibility of providing an answer to the specific discovery request, which would then be places under seal. Counsel recited on the record in detail the agreement they had reached. I ordered the response to the interrogatory/admission in dispute and hereby order the response be placed under seal. The parties agreed to file a motion with U.S. District Judge Barker to seek additional briefing time and a continuance of the conference scheduled for October 8, 2019. Because the parties have not sought a protective order in this case, and given the nature of the parties disputes, I urged the parties to consider the filing of a stipulated protective order, to avoid potential disputes over what would appear to be confidential or privileged information. I will issue a separate order under Fed. Evid. R. 502(d) to ensure that the no attorney-client privilege or work product protection is waived by disclosures connected with this case. The transcript of the hearing will serve as the memorialization of the agreements reached on the resolved discovery disputes. Signed by Magistrate Judge William H. Baughman, Jr on 9/24/19. Time: 45 minutes (D,Ky)
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Filing 57
Order granting defendant's #32 motion and incorporate by reference Attachment 1 to this order, which shall be deemed the First Amended Complaint in this case. Signed by Magistrate Judge William H. Baughman, Jr., on 9/23/19. (Attachments: #1 Attachment 1 - First ammended complaint) (D,Ky)
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Filing 56
Order Counsel are hereby ordered to meet and confer regarding the discovery dispute in courtroom 10A on 9/24/19 at 9:00 am. If counsel are unable to resolve the dispute through such consultation a status conference is set for 9/24/2019 at 02:00 PM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 9/12/19. (D,Ky)
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| Filing 55 Supplemental Response to Request to Schedule Conference Pursuant to the Court's August 5, 2019 Order Limiting Discovery to Personal Jurisdiction filed by Charna E Sherman. (Attachments: #1 Exhibit 1 Defendants' Discovery Requests to Plaintiff, #2 Exhibit 2 Emails re Third-party Hiltzik Subpoena) Related document(s) #54 , #52 , #50 , #53 , #51 . (Sherman, Charna). |
| Filing 54 Plaintiff's Response of Availability for Discovery Conference filed by Charna E Sherman. Related document(s) #52 , #50 , #53 , #51 .(Sherman, Charna) |
| Filing 53 Notice of Availability for Discovery Conference filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Related document(s) #52 , #50 ) (Dettelbach, Steven) |
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Filing 52
Order referring case to Magistrate Judge William H. Baughman, Jr for a decision with regard to the Letter Requesting Telephonic Conference Pursuant to the Courts August 5, 2019 Order Limiting Discovery to Personal Jurisdiction and Letter Response to Request for Conference [Docs. #50 and #51 ]. Entered by Judge Pamela A. Barker on 9/4/2019. (L,Ja)
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| Filing 51 Letter Response to Request for Conference filed by Charna E Sherman. Related document(s) #50 . (Attachments: #1 Exhibit Meet & Confer Correpondence on Jurisdictional Discovery)(Sherman, Charna) |
| Filing 50 Letter Requesting Telephonic Conference Pursuant to the Courts August 5, 2019 Order Limiting Discovery to Personal Jurisdiction filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Related document(s) #45 ). (Attachments: #1 Exhibit A - First Discovery Requests to Clark, Savla, #2 Exhibit B - First Discovery Requests to Maxim, Biglari, #3 Exhibit C - Second Discovery Requests to Maxim, Biglari, #4 Exhibit D - Subpoena to Latham & Watkins, #5 Exhibit E - Subpoena to Hiltzik Strategies, #6 Exhibit F - Deposition Notices, #7 Exhibit G - Discovery Correspondence) (Dettelbach, Steven) |
| Filing 49 Notice of Service of Subpoena to Produce Documents, Information, or Objects filed by Charna E Sherman. (Sherman, Charna) |
| Filing 48 Notice of Service of Subpoena to Produce Documents filed by Charna E Sherman. (Sherman, Charna) |
| Filing 47 Response to Plaintiff's Submission of Supplemental Authority filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. Related document(s) #44 . (Dettelbach, Steven) |
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Filing 46
Order of referral of motion. Document #32 Defendants' motion to strike substantive changes to First Amended Complaint. Signed by Judge Pamela A. Barker on 08/05/2019. (L,Ja)
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Filing 45
Order For reasons set forth in this order, Defendants' Motion to Continue Stay of Discovery (Doc. No. #31 ) is granted in part as follows. The parties shall have sixty (60) days from the date of this Order (i.e., until October 4, 2019) to engage in limited discovery relating to the issue of personal jurisdiction as raised in or relevant to Defendants' Motion to Dismiss. All other discovery is stayed. IMPORTANT: In-person status conference with lead counsel in Chambers 16A on October 8, 2019 at 1:30 p.m. Signed by Judge Pamela A. Barker on 8/5/2019. (L,Ja)
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| Filing 44 Submission of new Sixth Circuit Case on Personal Jurisdiction filed by Charna E Sherman. (Attachments: #1 Exhibit Case opinion). (Related document(s) #24 ) (Sherman, Charna) |
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Filing 43
Order of Referral signed by Judge Pamela A. Barker on 7/10/19. Defendants' motion to dismiss is referred to Magistrate Judge William H. Baughman, Jr., for a Report and Recommendation. Any subsequent pleadings filed with regard to the instant motion should be referred to Magistrate Judge Baughman. (Related Doc. #8 ) (D,MA)
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| Filing 42 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Telephonic status conference held July 8, 2019. On June 27, 2019, this case was reassigned to the docket of District Judge Pamela Barker. Pending further instructions from Judge Barker as to whether she will refer the pending motion to dismiss for a report and recommendation from the Magistrate Judge, no further deadlines or hearing dates will be set. Subsequent orders to issue. Time: 20 minutes. (D,Ky) |
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Order [non-document] All deadlines and hearings set by the previous District Judge are terminated and will be set forthwith. Any deadlines or hearing dates imposed by the referral Magistrate Judge remain unchanged. signed by Judge Pamela A. Barker on 07/01/2019. (W,RA) Modified text on 7/2/19. (D,MA)
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Order [non-document] granting Motion for Bruce Lewis to attend 7/8/19 status conference as representative for Sardar Biglari and Maxim, Inc. (Related Doc #41 ). Magistrate Judge William H. Baughman, Jr., on 7/1/19.(D,Ky)
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| Filing 41 Motion to excuse appearance and substitute appearance of representative Bruce Lewis filed by Sardar Biglari, Maxim Inc.. (Dettelbach, Steven) |
| Case reassigned to Judge Pamela A. Barker pursuant to General Order 2019-13. (B,R) |
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Order [non-document] granting in part and denying in part plaintiff's motion for extension of time. (Related Doc #40 ) Telephonic Status Conference rescheduled for 7/8/2019 at 01:30 PM to be before Magistrate Judge William H. Baughman Jr. Magistrate Judge William H. Baughman, Jr., on 6/19/19.(D,Ky)
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| Filing 40 Corrected unopposed Motion to Reschedule Telephonic Status Conference filed by Plaintiff Charna E Sherman. Related document(s) #39 . (Sherman, Charna) Modified on 6/18/2019 (W,Jo). |
| Filing 39 FILING ERROR, wrong document uploaded. Motion Unopposed to Reschedule Telephonic Status Conference filed by Plaintiff Charna E Sherman. (Sherman, Charna) Modified on 6/18/2019 for filing error (H,SP). |
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Order [non-document] Telephonic Status Conference rescheduled for 6/20/2019 at 03:30 PM before Magistrate Judge William H. Baughman Jr. The call-in information remains the same. Magistrate Judge William H. Baughman, Jr., on 6/14/19. (D,Ky)
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| Filing 38 Reply in support of #32 Motion to strike substantive changes to First Amended Complaint filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 37 Reply in support of #31 Motion to stay discovery pending ruling on personal jurisdiction filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
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Order [non-document] granting defendant's motion for Bruce Lewis to attend the 6/14/19 status conference as representative for Sardar Biglari and Maxim, Inc. (Related Doc #35 ). Magistrate Judge William H. Baughman, Jr., on 6/12/19.(D,Ky)
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| Filing 36 Opposition to #32 Motion to strike substantive changes to First Amended Complaint filed by Charna E Sherman. (Attachments: #1 Exhibit Paul Campos Articles)(Sherman, Charna) |
| Filing 35 Motion for Bruce Lewis to attend status conference or alternatively to reschedule filed by Sardar Biglari, Maxim Inc.. (Dettelbach, Steven) Modified text on 6/11/2019 (S,SR). |
| Filing 34 Response to #31 Motion to stay discovery pending ruling on personal jurisdiction filed by Charna E Sherman. (Attachments: #1 Exhibit Biglari Documents)(Sherman, Charna) |
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Order [non-document] granting in part and denying in part defendant's unopposed motion to reschedule telephonic status conference. (Related Doc #30 ) The telephonic status conference is rescheduled for 6/14/2019 at 01:00 PM in before Magistrate Judge William H. Baughman Jr. The call-in information will remain the same. Magistrate Judge William H. Baughman, Jr., on 5/30/19.(D,Ky)
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| Filing 33 Reply in support of #8 Motion to dismiss filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - Sherman and Feifer's Memo of Law in Support of Motion to Dismiss Second NY Action)(Dettelbach, Steven) |
| Filing 32 Motion to strike substantive changes to First Amended Complaint filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. Related document(s) #29 . (Dettelbach, Steven) |
| Filing 31 Motion to stay discovery pending ruling on personal jurisdiction filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 30 Unopposed Motion to Reschedule Telephonic Status Conference filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. Related document(s) #28 . (Dettelbach, Steven) |
| Filing 29 STRICKEN First Amended complaint against All Defendants. Filed by Charna E Sherman. (Sherman, Charna) (Pursuant to #57 Modified on 9/23/2019 (D,Ky). |
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Filing 28
Order scheduling telephonic status conference for 6/4/2019 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Counsel are to contact chambers prior to 5/31/2019 to obtain the call-in information. Signed by Magistrate Judge William H. Baughman, Jr., on 5/6/19. (D,Ky)
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Filing 27
Order. Joint Motion to Proceed with Current Complaint with Latham Dropped as a Defendant (Related Doc #26 ) is granted in part. Plaintiff shall file Amended Complaint by 5/10/2019. Pending Motion to Dismiss (Related doc #8 ) will be deemed filed as against the Amended Complaint and will not be mooted. Current briefing schedule remains in effect with Reply Brief due by 5/29/2019. Judge Christopher A. Boyko on 5/3/2019.(H,CM)
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| Filing 26 Joint Motion for relief to proceed with current complaint filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
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Filing 25
Order referring case to Magistrate Judge William H. Baughman, Jr. for pretrial supervision. Judge Christopher A. Boyko on 4/30/2019. (H,CM)
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Order [non-document] granting Plaintiff's Motion to drop Latham & Watkins LLP as a Defendant to retain diversity jurisdiction (Related doc #23 ). Plaintiff shall file Amended Complaint by 5/7/2019. Judge Christopher A. Boyko on 4/30/2019.(H,CM)
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| Filing 24 Opposition to #8 Motion to dismiss. Oral argument requested, filed by Plaintiff. (Attachments: #1 Exhibit Sandeep Savlas April 4, 2016 Affirmation in Opposition to Defendants [Charna Sherman and her Client] Motion to Disqualify and Other Relief, #2 Exhibit Relevant Pages of the December 16, 2015 Transcript of the December 14, 2015 Surreptitiously Taped Call of Sherman, #3 Exhibit Second Action Complaint, #4 Exhibit Sandeep Savlas February 16, 2016 Supplemental Affirmation in Support of Order to Show Cause for Preliminary Injunction with Temporary Restraining Order and to File Under Seal, #5 Exhibit January 5, 2016 Correspondence from Sandeep Savla to Charna Sherman, #6 Exhibit (A) Affirmation of Lawrence J. Fox & (B) Reply Affirmation of Lawrence J. Fox, #7 Exhibit May 17, 2018 Decision and Order of the Supreme Court, Appellate Division, First Department, #8 Exhibit Relevant Pages of Latham & Watkins LLP May 2, 2016 Memorandum of Law in Opposition to Defendants [Charna Sherman and her Client] Motion to Dismiss, #9 Exhibit Relevant Pages of Sack & Sack, LLP Appellate Brief for Plaintiff- Respondent [Maxim], #10 Exhibit February 7, 2018 Affirmation of Eric R. Stern in Opposition to Defendants [sic] [Charna Sherman] Motion to Renew)(Sherman, Charna) |
| Filing 23 Unopposed Rule 21 Motion to drop Latham & Watkins LLP as a Defendant to retain diversity jurisdiction filed by Plaintiff Charna E Sherman. (Sherman, Charna) |
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Order [non-document] granting Plaintiff's Motion for extension of Motion to Dismiss briefing schedule (Related Doc #21 ). Plaintiff's Opposition Brief due by 4/29/2019; Defendants' Reply Brief due by 5/29/2019. Judge Christopher A. Boyko on 4/12/2019.(H,CM)
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Order [non-document] denying Plaintiff's Motion to file brief in excess of page limit (Related Doc #22 ). This case is standard track. Judge Christopher A. Boyko on 4/12/2019.(H,CM)
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| Filing 22 Motion to Exceed Page Limitations filed by Plaintiff Charna E Sherman. (Sherman, Charna) |
| Filing 21 Agreed Motion for Extension of the Motion to Dismiss Briefing Schedule filed by Plaintiff Charna E Sherman. (Related document(s) #8 ) (Sherman, Charna) |
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Order [non-document]. Plaintiff's Motion to order personal service and extend time (Related doc #19 ) is granted in part. Defendants will accept service of subpoena and Plaintiff is granted extension of time to oppose Motion to Dismiss until two weeks after close of jurisdictional discovery but no later than 4/19/2019. Judge Christopher A. Boyko on 3/18/2019.(H,CM)
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| Filing 20 Response to #19 Motion to Order Personal Service of a Subpoena Duces Tecum and Motion for extension of time opposition to Motion to Dismiss filed by All Defendants. (Dettelbach, Steven) |
| Filing 19 Motion to Order Personal Service of a Subpoena Duces Tecum, and Motion for Extension of Time to file Opposition to #8 Motion to Dismiss filed by Plaintiff Charna E Sherman. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Supplemental Haas Declaration, #3 Exhibit 2 - Correspondence, #4 Exhibit 3 - Correspondence, #5 Exhibit 4 - Subpoena Duces Tecum) (Sherman, Charna). Added Motion for extension of time to file opposition on 3/14/2019 (H,SP). |
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Filing 18
Order granting in part Defendants' Motion to stay discovery (Related Doc #16 ). Judge Christopher A. Boyko on 2/28/2019.(S,SR)
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Filing 17
Order of Recusal signed by Judge James S. Gwin on 2/26/19. This case is returned to the Clerk for reassignment to another judge. (D,MA)
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| Judge Christopher A. Boyko assigned to case, Judge James S. Gwin terminated. (B,R) |
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Order [non-document] Case Management Conference scheduled for February 28, 2019 before Judge Gwin is hereby CANCELED. Case Management Conference Scheduling Order to be issued. Judge Christopher A. Boyko on 2/26/2019. Related documents #15 .(S,SR)
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| Filing 16 Motion to stay discovery filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 15 Motion to attend February 28, 2019 case management conference by telephone filed by Sardar Biglari, Christopher J Clark, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 14 Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Attachments: #1 Schedule Plaintiff's Proposed Case Schedule)(Dettelbach, Steven) |
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Order [non-document] entered by Judge James S. Gwin on 2/21/19 denying defendants' motion to excuse the personal attendance of their respective representatives with settlement authority at the 2/28/19 case management conference. (Related Doc. #13 ) (D,MA)
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| Filing 13 Motion to excuse appearance of defendants at case management conference and to permit appearance by client representatives filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 12 Notification of Complex Litigation pursuant to L.R. 16.3(c) filed by All Defendants. (Kavouras, Daniel) |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent Biglari Holdings Inc. for Maxim Inc. filed by All Defendants. (Dettelbach, Steven) |
| Filing 10 Answer to Complaint filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
| Filing 9 Memorandum in Support of Motion to Dismiss filed by All Defendants. (Related document(s) #8 ). (Attachments: #1 Exhibit 1 - Complaint, Second NY Action (12.22.15), #2 Exhibit 2 - Savla Affirmation, Second NY Action (12.22.15), #3 Exhibit 3 - Order Granting Sherman Pro Hac Vice, First NY Action (4.4.16), #4 Exhibit 4 - Order Granting Preliminary Injunction against Feifer, Second NY Action (5.3.16), #5 Exhibit 5 - Feifer's Amended Answer & Counterclaims, First NY Action (excerpt) (7.24.18), #6 Exhibit 6 - Order Granting MTD Counterclaims, First NY Action (1.7.19), #7 Exhibit 7 - Haas Declaration, #8 Exhibit 8 - Savla Declaration, #9 Exhibit 9 - Clark Declaration, #10 Exhibit 10 - Biglari Declaration, #11 Exhibit 11 - Lewis Declaration, #12 Exhibit 12 - Roskoski Declaration, #13 Exhibit 13 - TRO and Sealing Order, Second NY Action (12.23.15), #14 Exhibit 14 - Order Denying MTD, Second NY Action (1.18.17), #15 Exhibit 15 - Order Denying Leave to Renew MTD, Second NY Action (3.2.18), #16 Exhibit 16 - Feifer's Memorandum in Opposition to MTD Counterclaims, First NY Action (10.31.18)) (Dettelbach, Steven) . |
| Filing 8 Motion to dismiss filed by Sardar Biglari, Christopher J Clark, Latham & Watkins, LLP, Maxim Inc., Sandeep Savla. (Dettelbach, Steven) |
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Filing 7
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 1/18/19 setting a case management conference for 2/28/19 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Civil Rule 30.1)(D,MA)
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| Filing 6 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 1/18/19. (D,MA) |
| Filing 5 Waiver of Service Returned Executed by Charna E Sherman. Latham & Watkins, LLP, Christopher J. Clark, Sandeep Savla, Sardar Biglari and Maxim Inc waivers sent on 12/17/2018, answer due 2/15/2019 filed on behalf of Charna E Sherman (Sherman, Charna) |
| Filing 4 FILING ERROR, Waiver of Service filed. First Praecipe for issuance of Original Summons to Defendant Maxim Inc. filed by Charna E Sherman. (Sherman, Charna) Modified on 1/17/2019 for filing error (H,SP). |
| Filing 3 FILING ERROR, Waiver of Service filed. Praecipe for issuance of Original Summons filed by Charna E Sherman. (Sherman, Charna) Modified on 1/17/2019 for filing error (H,SP). |
| Filing 2 Magistrate Consent Form issued. Summons were not provided and none were issued. (B,R) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-9055998. Filed by Charna E Sherman. (Attachments: #1 Civil Cover Sheet) (Sherman, Charna) |
| Judge James S. Gwin assigned to case, (B,R) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (B,R) |
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