Landeen, et al v Bash
| Neil Lucas and Cindy Landeen |
| Brian A. Bash |
| 5:2012cv00984 |
| April 20, 2012 |
| U.S. District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Bankruptcy Withdrawl |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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Filing 34
Order of Dismissal: This matter was presented to the Court upon the Trustee's Motion for Dismissal with Prejudice (the "Motion"). The Court having considered the Motion, and after due deliberation and consideration of the facts and circumstances therein: It is hereby ORDERED, ADJUDGED, AND DECREED as follows: 1. The Motion is GRANTED in its entirety. 2. All claims in this Litigation against defendants Cindy Landeen and Etelco Services, Inc., are dismissed with prejudice. 3. Further proceedings in the within case against defendant Neil Lucas are hereby perpetually stayed and the within case is hereby CLOSED, subject to reopening upon written motion of plaintiff or any proper party in interest, after the bankruptcy case is closed or dismissed, a discharge of bankruptcy is granted or denied, there is a granting of relief from the stay imposed by Section 362, or there is an injunction imposed by virtue of 11 U.S.C. 524. Judge Patricia A. Gaughan on 2/17/15. (LC,S) re #33
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Order [non-document] Trustee's Motion for Dismissal With Prejudice is MOOT. Judge Patricia A. Gaughan on 2/17/15. (Related Doc #32 ) (LC,S)
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| Filing 33 Motion to dismiss filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
| Filing 32 Motion to dismiss with Prejudice filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
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Filing 31
Order referring case to Honorable Pat E. Morgenstern-Clarren for pretrial supervision. Until further notice, all future filing and docketing, with the exceptions of Motions to Appear Pro Hac Vice and Motions to Dismiss pursuant to Bankruptcy Rule 7041, shall take place in U.S. Bankruptcy Court, Northern District of Ohio, Adversary Proceeding 11-05233-pmc. Motions to Appear Pro Hac Vice and for Rule 7041 dismissals shall be filed and docketed in the District Court in Case Number 5:12 CV 984. Chief Judge Morgenstern-Clarren shall file a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan(C,KA)
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| Filing 30 Notice of Substitution of Counsel removing attorney Alicia Whiting-Bozich and adding attorney Aaron J. Babb filed by on behalf of Cindy Landeen, Neil Lucas. (Babb, Aaron) |
| [Pretrial conference resolved, Motion to compromise to be filed in main case.] re #1 Motion for withdrawal of reference (Bankruptcy) of Related document(s) #1 . (K,M) |
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Order [non-document]denying #15 Motion for Extension of Time re #15 Unopposed Motion for extension of time until May 10, 2012 to Respond to the Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue. Honorable Marilyn Shea-Stonum on 11/06/12.(R,M)
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Order [non-document]denying Motion for order (Related Doc #11 )Unopposed Motion to File an Omnibus Memorandum in Opposition of up to 25 Pages in Length filed by Respondent Brian A. Bash. Related document(s) #2 . Honorable Marilyn Shea-Stonum on 11/06/12.(R,M)
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| Filing 29 Trustee's Notice Regarding Joint Stipulations and Matters in Dispute filed by Brian A. Bash. (Attachments: #1 Exhibit A - Email Correspondence from Mr. White dated October 26, 2012, #2 Exhibit B - Correspondence from Mr. Bain dated November 2, 2012)(White, Nicholas) |
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Filing 28
ORDER AND MEMORANDUM OF OMNIBUS GROUP B PRE-TRIAL: Interim Pretrial Conference held on 09/25/2012. FINAL Pretrial Conference set for 11/26/2012 at 01:30 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum.Honorable Marilyn Shea-Stonum on 10/11/2012. (VM,D)
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| Filing 27 Defendants' Omnibus Notice of Intent to Use Expert filed by Cindy Landeen, Neil Lucas. (Greenfield, Harry) |
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Filing 26
ORDER AND MEMORANDUM OF PRE-TRIAL CONFERENCE held on September 10, 2012 at 2:15pm. Discovery due by 10/15/2012. Stipulations and Disputed Matters due by 10/29/2012. Honorable Marilyn Shea-Stonum on 09/14/2012. (VM,D)
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Order [non-document]GRANTING #22 Joint Omnibus Motion for Extension of Discovery and Related Deadlines; DENYING #25 Omnibus Motion to stay All Proceedings Pending Final Resolution of the Group A Cases. Related Document(s) #26 ORDER AND MEMORANDUM OF PRE-TRIAL CONFERENCE. Honorable Marilyn Shea-Stonum on 09/14/2012.(VM,D)
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| Filing 25 Omnibus Motion to stay All Proceedings Pending Final Resolution of the Group A Cases, Including Brian Bash, Chapter 7 Trustee v. Textron Financial, et al, Northern District of Ohio Case No. 5:12-cv-987 filed by Cindy Landeen, Neil Lucas. (Whiting-Bozich, Alicia) |
| Filing 24 Notice of rescheduled pretrial (originally set in 11-5233 for 8/24/12) for Pretrial/status Conference set for 9/10/2012 at 02:15 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. (K,M) . |
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Filing 23
Order denying Motion to change/transfer venue (Related Doc #2 ). Honorable Marilyn Shea-Stonum on 07/26/12.(R,M)
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Order [non-document]granting #22 Motion for Extension of Time re #22 Joint Motion for extension of time. (1) Discovery (written discovery anddepositions) to be completed on or before September 31, 2012; (2) The parties shall file JointStipulations of Fact on or before October 31, 2012; and (3) All remaining dates to bediscussed at the next status conference. Honorable Marilyn Shea-Stonum on 07/19/2012.(VM,D)
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| Filing 22 Joint Motion for extension of time filed by Respondent Brian A. Bash, Cindy Landeen, Neil Lucas. (Whiting-Bozich, Alicia) |
| Filing 21 Withdrawal of the Trustee's Motion for Proposed Findings of Fact and Conclusions of Law filed by Brian A. Bash. (Attachments: #1 Exhibit A - The Response, #2 Exhibit B - The Motion)(Burgan, Kelly) |
| Filing 20 Reply to response to #11 Unopposed Motion to File an Omnibus Memorandum in Opposition of up to 25 Pages in Length [Defendants' Omnibus Reply to Plaintiff Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue] filed by Cindy Landeen, Neil Lucas. (Greenfield, Harry) |
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Order [non-document]granting #18 Motion for Extension of Time re #12 Opposition, #18 Second Motion for extension of time until May 14, 2012 to Respond to the Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue Replies due by (5/14/12},. Honorable Marilyn Shea-Stonum on 05/14/12.(R,M)
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| Filing 19 Plaintiff Trustee's Omnibus Response to Defendants' Omnibus Motion for Extension of Time of Four Days to Respond to the Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue filed by Brian A. Bash. Related document(s) #18 . (Proano, David) |
| Filing 18 Second Motion for extension of time until May 14, 2012 to Respond to the Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue filed by Cindy Landeen, Neil Lucas. Related document(s) #12 . (Whiting-Bozich, Alicia) |
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Filing 17
Order Granting Motion of Defendants, Neil Lucas and Cindy Landeen for Extension of Time to Respond to the Trustee's Motion for Proposed Findings of Fact and Conclusions of Law Recommending Default Judgment Against Etelco Services, Inc. Without a Hearing Until May 14, 2012 (Related Doc # 16) Signed Judge Marilyn Shea-Stonum on 5/3/12. (M,V) (Entered: 05/07/2012)
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| Filing 15 Unopposed Motion for extension of time until May 10, 2012 to Respond to the Trustee's Omnibus Memorandum in Opposition to the Motions to Transfer Venue filed by Cindy Landeen, Neil Lucas. Related document(s) #12 . (Whiting-Bozich, Alicia) |
| Filing 16 Agreed Motion to Extend Time to Respond to the Trustee's Motion for Proposed Findings of Fact and Conslusions of Law Recommending Default Judgment without a Hearing Filed by Cindy Landeen, Neil Lucas (RE: related document(s)23 Generic Motion) (Whiting-Bozich, Alicia aty) (M,V) (Entered: 05/07/2012) |
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Filing 14
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Marilyn Shea-Stonum for pretrial supervision. Judge Shea-Stonum shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. In light of this referral, Defendant's Omnibus Motion for Status Conferences (Doc. #13 ) is MOOT. The motion to transfer venue (Doc. #2 ) and related motions (Doc. #11 ) will be addressed by Judge Shea-Stonum. Judge Patricia A. Gaughan on 4/30/12. (LC,S)
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| Filing 13 Omnibus Motion for conference/hearing filed by Cindy Landeen, Neil Lucas. (Whiting-Bozich, Alicia) |
| Filing 12 Opposition to #2 Motion to change/transfer venue of the Adversary Proceeding to the United States District Court for the Southern District of Indiana filed by Brian A. Bash. (Attachments: #1 Exhibit A - Case Management Orders)(Proano, David) |
| Filing 11 Unopposed Motion to File an Omnibus Memorandum in Opposition of up to 25 Pages in Length filed by Respondent Brian A. Bash. Related document(s) #2 . (Proano, David) |
| Miscellaneous case information copied to civil case. (B,R) |
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Filing 10
Order: Movant's Motion for Withdrawal of Reference (ECF #1 ) is UNOPPOSED and GRANTED. Judge Patricia A. Gaughan on 4/19/12. (LC,S)
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Order [non-document]: Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Transfer Venue is Granted to 4/25/12. Judge Patricia A. Gaughan on 4/18/12. (Related Doc #9 ) (LC,S) Modified on 4/19/2012 (LC,S).
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| Filing 9 Unopposed Motion for Second Extension of Time until 4/25/12 to Respond to Defendant's Motion to Transfer Venue filed by Respondent Brian A. Bash. Related document(s) #2 . (White, Nicholas) Modified text on 4/19/2012 (E,P). |
| Filing 8 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David) |
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Order [non-document]: Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Transfer Venue is Granted to 4/18/12. Judge Patricia A. Gaughan on 4/10/12. (LC,S) re #7
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| Filing 7 Unopposed Motion for extension of time until April 18, 2012 to Respond to Defendants' Motion to Transfer Venue filed by Respondent Brian A. Bash. Related document(s) #2 . (White, Nicholas) |
| Filing 6 Attorney Appearance by Nicholas L. White filed by on behalf of Brian A. Bash. (White, Nicholas) |
| Filing 5 Response to #1 Motion for withdrawal of reference (Bankruptcy) filed by Brian A. Bash. (Attachments: #1 Exhibit 1 - Trustee's Motion to Consolidate, #2 Exhibit 2 - Trustee's Motion to Withdraw the Reference, #3 Exhibit 3 - SDNY Standing Order of Reference)(VanNiel, Michael) |
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Filing 4
Order of Reassignment signed by Judge James S. Gwin and Judge Patricia A. Gaughan on 3/30/12. This case is returned to the Clerk for reassignment to Judge Patricia A. Gaughan for all further proceedings. (M,G)
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| Notice of failure to register for CM/ECF, pursuant to Local Rule 5.1(c). Non-compliant attorney: Kelly S. Burgan (G,CA) |
| Judge Patricia A. Gaughan assigned to case. Judge James S. Gwin terminated. (C,B) |
| Filing 3 Motion for the Entry of an Order (A) Transferring Consideration of Related Motions to Withdraw the Reference to a Single District Court Judge and (B) Directing the Clerk to Assign All Future Related Motions to Withdraw the Reference to a Single District Court Judge filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit 1- Motion to Consolidate, #2 Exhibit 2 - Withdrawal Motion, #3 Exhibit 3 - SDNY Amended Standing Order)(Hutchinson, Joseph) Added attorneys to docket on 3/29/2012 (H,LA). |
| Filing 2 Motion to change/transfer venue of the Adversary Proceeding to the United States District Court for the Southern District of Indiana filed by Cindy Landeen, Neil Lucas. (Attachments: #1 Exhibit A: Unreported Case Law, #2 Exhibit B: Unreported Case Law, #3 Exhibit C: Unreported Case Law)(Whiting-Bozich, Alicia) |
| Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Cindy Landeen, Neil Lucas. (Attachments: #1 Exhibits A-F to Withdrawal of Reference, #2 USBC Docket Sheet, Adversary Proceedings Case 11-05233, #3 USBC Docket Sheet, Bankruptcy Case 10-50494, #4 Transmittal Letter)(M,TL) |
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