Lucas v. Bash

Lucas v. Bash

Petitioner:	Neil Lucas
Respondent:	Brian A. Bash
Not Classified By Court:	Hugh M. Stanley, Jr.
Case Number:	5:2012cv00998
Filed:	April 20, 2012
Court:	U.S. District Court for the Northern District of Ohio
Office:	Akron Office
County:	Summit
Presiding Judge:	Patricia A Gaughan
Nature of Suit:	Bankruptcy Withdrawl
Cause of Action:	28 U.S.C. § 0157
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on October 8, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 8, 2013	Filing 54 Judgment Entry Perpetually Staying Further Proceedings and Closing the Within Case: The Court has been informed by lead counsel of record that a voluntary petition for relief in a case under Title 11 of the United States Code (the "Bankruptcy Code") was filed on October 4, 2013 by defendant Neil Lucas, Case No 13-10583-FO-7 in the United States Bankruptcy Court for the Southern District of Indiana. Pursuant to 11 U.S.C. 362, the filing of a such a case under the Bankruptcy Code mandates a stay of the within proceedings.Further proceedings in the within case are hereby perpetually stayed and the within case is hereby CLOSED, subject to reopening upon written motion of plaintiff or any other proper party in interest, after the bankruptcy case is closed or dismissed, a discharge in 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 10/8/13. (LC,S)
October 4, 2013	Filing 53 Notice of Filing Bankruptcy filed by Neil Lucas. (Attachments: #1 Exhibit A)(Bain, Richard)
October 4, 2013	Pretrial set for 10/4/2013 not held based on Defendant filing personal banktuptcy in Indiana.Related document(s) #52 . (K,M)
September 27, 2013	Filing 52 Order and Memorandum of Pre-Trial Conference of Interim Pretrial Conference held on 09/27/13. Further Pretrial Conference set for 10/4/2013 at 01:30 PM in Courtroom 260 before Judge Marilyn Shea-Stonum. (crt. c.m. Neil Lucas) Honorable Marilyn Shea-Stonum on September 27, 2013. (VM,D)
September 26, 2013	Filing 51 Motion by Harry W. Greenfield, Richard M. Bain, Aaron J. Babb to withdraw as attorney filed by Movant Neil Lucas. (Attachments: #1 Exhibit A)(Bain, Richard)
September 13, 2013	Filing 50 Order and Memorandum of Pre-Trial Conference Held on September 13, 2013. Further Pretrial Conference Set for 9/27/2013 at 10:00 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum.Honorable Marilyn Shea-Stonum on September 13, 2013. (U, B)
September 6, 2013	Filing 49 Statement of Matters in Dispute filed by Brian A. Bash. (Proano, David) Modified text on 9/9/2013 (B,B).
September 6, 2013	Filing 48 Statement of Facts (Disputed) filed by Neil Lucas. (Bain, Richard)
September 6, 2013	Filing 47 Certificate of Service filed by Brian A. Bash. Related document(s) #46 .(Proano, David)
September 6, 2013	Filing 46 Second Set of Stipulations of Fact filed by Brian A. Bash, Neil Lucas. (Attachments: #1 Exhibit 1 - Compromise and Consignment Agreement, #2 Exhibit 2 - Bill of Sale and General Assignment, #3 Exhibit 3 - Compromise and Consignment Agreement, #4 Exhibit 4 - Bill of Sale)(Proano, David)
August 27, 2013	Filing 45 Order and Memorandum of Pre-Trial Conference Held on August 26, 2013. Further Pretrial Conference, if Necessary, Scheduled for 9/13/2013 at 09:30 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Signed by Honorable Marilyn Shea-Stonum on August 27, 2013. (U, B) Modified text on 8/27/2013 (B,B).
August 26, 2013	RESCHEDULED Pretrial Conference set for 9/13/2013 at 09:30 AM before Honorable Marilyn Shea-Stonum. (K,M)
August 16, 2013	RESCHEDULED Pretrial Conference set for 8/26/2013 at 10:30 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum. (R,M)
April 25, 2013	Filing 44 Answer to #43 Amended complaint, With Affirmative Defenses With Jury Demand filed by Neil Lucas. (Bain, Richard) Modified text on 4/26/2013 (B,B).
April 12, 2013	Filing 43 Second Amended complaint against Neil Lucas. Filed by Brian A. Bash. (Attachments: #1 Exhibit A - The Promissory Note, #2 Exhibit B - The Lease Agreement, #3 Exhibit C - The Transfers to Defendant, #4 Exhibit D - The Diamond Bill of Sale, #5 Exhibit E - Excerpt from the Books and Records of Diamond) (White, Nicholas)
April 3, 2013	Final Mediation Report filed manually with ADR Administrator. Hugh M. Stanley of Tucker Ellis LLP, 925 Euclid Ave., Ste. 1150, Cleveland, OH, served as the Mediator. A mediation conference was held 3/27/2013 and as a result, no settlement was reached. The mediation process is complete. Case returned to the court for further case processing and settlement negotiations. ADR Disp. Code: 8. Future ADR: none at this time (Related document(s) #42 ). (N, P)
March 8, 2013	Order [non-document]granting #33 Neil Lucas, non-parties Joan Servaas, Bernard Durham. Consolidated Unopposed Motion for a 30 day Extension of Time to file expert report. Honorable Marilyn Shea-Stonum on 03/08/13; PARTIES ARE TO PROVIDE EXPERT REPORTS WITHIN 45 DAYS POST-MEDIATION.(R,M) Modified text on 3/11/2013 (B,B).
March 5, 2013	PTC held (3/5/2013} and mediation to commence by 4/3/2013 Related document(s) #39 . (K,M)
March 5, 2013	Filing 42 Schedules mediation conference & Report of Mediator deadline, with mediation conference scheduled on 3/15/2013 at 9:00 AM in the offices of the Mediator, 925 Euclid Ave., Ste. 1150, Cleveland, OH. Report of Mediator to be manually filed with the ADR Administrator no later than 3/29/2013, filed by Hugh M. Stanley, Jr. (Stanley, Hugh) Modified on 3/5/2013 - Mediator advised to utilize the correct docket event when scheduling a mediation conference (N, P).
March 5, 2013	Schedules mediation & Report of Mediator deadline with mediation conference to be held on 3/15/2013 at 09:00 AM at the mediator's office, 925 Euclid Ave., Ste. 1150, Cleveland, OH. Report of Mediator to be manually filed with the ADR Administrator no later than 3/29/2013, filed by Hugh M. Stanley, Jr. (Related document(s) #42 ). (N, P)
February 20, 2013	Filing 41 Notice of Designation of Mediator. Mediator advised to conduct the mediation conference on or before 3/22/2013. Report of Mediator due 4/5/2013. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Counsel/parties to contact the Mediator for purposes of scheduling the mediation conference. Mediator to schedule the mediation conference and ELECTRONICALLY FILE A LETTER, DOCUMENT OR PLEADING setting forth the date, time and location of the mediation conference. Mediation process to be completed by 4/5/2013. Designated Neutral: Hugh M. Stanley, Jr. (Related document(s) #40 ) (Attachments: #(1) Report of Mediator Form). (N, P)
February 20, 2013	Filing 40 Notice received from Hugh M. Stanley, Jr., re: conflict. Neutral available: Yes (N, P)
February 19, 2013	Notice of ADR Administrator - correspondence received from counsel, re: neutral selection. Counsel requested the assistance of Hugh Stanley, Jr. as the Mediator. A request has been made with Mr. Stanley to determine if he has any conflicts of interest and whether he's willing to serve as the Mediator. Mr. Stanley is to respond to the request by 2/25/2013 (Related document(s) #36 ). (N, P)
January 18, 2013	Filing 39 Order and Memorandum of Pre-Trial Conference Held on January 17, 2013. Telephonic Status Conference set for 3/5/2013 at 02:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum for the Purpose of Allowing Counsel to Report on Outcome of Alternative Dispute Resolution. Honorable Marilyn Shea-Stonum on January 18, 2013. (U, B)
January 17, 2013	As a result of the status conference on 1/17/2013 a further status Conference set for 3/5/2013 at 02:00 before Honorable Marilyn Shea-Stonum. In addition, the motion fo rleave to file the 2nd amended complaint was grantedRelated document(s) #32 . (K,M)
January 2, 2013	Filing 38 Agreed Mediation Ranking Information Sheet filed on behalf of all parties (White, Nicholas). Modified on 1/25/2013 (N, P).
December 28, 2012	Filing 37 Notice of Substitution of Counsel removing attorney Alicia Whiting-Bozich and adding attorney Aaron J. Babb on behalf of Neil Lucas. (Babb, Aaron) Modified text on 1/2/2013 (B,B).
December 18, 2012	Filing 36 List of potential neutrals sent to parties. Neutral selection due by 1/2/2013 (Related document(s) #35 ) (Attachments: #(1) Agreed Mediation Ranking Information Sheet Form, #(2) Neutral List). (N, P)
December 17, 2012	Filing 35 Order Referring Matter to ADR. Honorable Marilyn Shea-Stonum on 12/17/2012. (U, B)
December 13, 2012	Filing 34 Joint Proposed Stipulation for Mediation Pursuant to Local Rule 16.6(b)(2)(C) filed by Brian A. Bash, Neil Lucas. (White, Nicholas)
December 7, 2012	Filing 33 Consolidated Unopposed Motion for a 30 day extension of time until 1/7/2013 to file expert report filed by Movant Neil Lucas, non-parties Joan Servaas, Bernard Durham. (Bain, Richard) Modified text on 12/10/2012 (B,B).
November 27, 2012	Filing 32 Order and Memorandum of Pretrial Conference Held on November 26, 2012. Telephonic Status Conference Set for 1/17/2013 at 02:00 PM in Courtroom 260 Before Honorable Marilyn Shea-Stonum. Signed by Honorable Marilyn Shea-Stonum on 11/27/2012. (U, B) Modified text on 11/28/2012 (B,B).
November 26, 2012	Telephonic Status Conference set for 1/17/2013 at 02:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #12 . (K,M)
November 9, 2012	Filing 31 Motion under Civil Rule 15 (a) (2) for leave to file a Second Amended Complaint filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit 1 - Second Amended Complaint)(White, Nicholas) Modified text on 11/13/2012 (B,B).
November 9, 2012	Filing 30 Order Denying Neil Lucas' Omnibus Motion to Stay (Related Doc #22 ) 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. Honorable Marilyn Shea-Stonum on 11/9/2012.(U, B) Modified text on 11/13/2012 (B,B).
November 6, 2012	Set Deadlines and Hearings Discovery due by 11/26/2012. (B,B)
November 6, 2012	Order [non-document]denying - MOOT re: Neil Lucas' 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. (Related doc #13 )(R,M) Modified text on 11/6/2012 (B,B).
November 6, 2012	Order [non-document]denying - MOOT re: (Related Doc #8 )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) 3. Honorable Marilyn Shea-Stonum on 11/06/12.(R,M) Modified text on 11/6/2012 (B,B).
November 6, 2012	Order [non-document]granting #28 Brian A. Bash's Motion for extension of Discovery Deadlines; Discovery due 11/26/12; Stipulations due 12/10/12.. Honorable Marilyn Shea-Stonum on 11/06/12. (Related doc #28 )(R,M) Modified text on 11/6/2012 (B,B).
November 2, 2012	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)
October 15, 2012	Filing 28 Motion for extension of Discovery Deadlines filed by Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(White, Nicholas)
October 11, 2012	Filing 27 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 04:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Signed by Honorable Marilyn Shea-Stonum on 10/11/2012. (VM,D) Modified text on 10/12/2012 (B,B).
October 10, 2012	Filing 26 Answer to Amended Complaint with Affirmative Defenses and Jury Demand filed by Neil Lucas. (Related doc #24 ) (Whiting-Bozich, Alicia) Modified text and links on 10/11/2012 (B,B).
October 5, 2012	Filing 25 Defendants' Omnibus Notice of Intent to Use Expert filed by Neil Lucas. (Greenfield, Harry); by (s/Richard M. Bain) Modified text on 10/9/2012 (B,B).
September 27, 2012	Filing 24 Amended Complaint filed by Brian A. Bash. (Proano, David)
September 4, 2012	Filing 23 Reply in Support of Motion Under Civil Rule 15(a)(2) for Leave to File an Amended Complaint filed by Brian A. Bash. Related document(s) #19 . (Proano, David)
August 31, 2012	Filing 22 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 Movant Neil Lucas. (Whiting-Bozich, Alicia)
August 23, 2012	Filing 21 Opposition to #19 Motion for leave under Civil Rule 15(a)(2) to File an Amended Complaint filed by Neil Lucas. (Whiting-Bozich, Alicia)
August 10, 2012	Filing 20 Order and memorandum of pretrial conference held on 08/10/12; a further pretrial shall be held, if necessary on 08/21/12, immediately following the status conference in the main case in Bankruptcy Courtroom 260; Deposition Discovery due: 09/30/12; Joint list of all matters not in dispute and statement of matters in dispute due: 10/13/12. Honorable Marilyn Shea-Stonum on 08/10/12. (R,M) Modified text on 8/13/2012 (B,B).
August 9, 2012	Filing 19 Motion for leave under Civil Rule 15(a)(2) to File an Amended Complaint filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Proposed Order)(Proano, David)
July 26, 2012	Filing 18 Order denying Neil Lucas' Motion to transfer venue (Related Doc #3 ). Honorable Marilyn Shea-Stonum on 07/26/12.(R,M) Modified text on 7/27/2012 (B,B).
July 20, 2012	Filing 17 Joint Motion to Extend Discovery and Related Deadlines filed by Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(White, Nicholas) Modified text on 7/23/2012 (B,B).
May 14, 2012	Filing 16 Reply to response to #8 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 Neil Lucas. (Greenfield, Harry)
May 14, 2012	Order [non-document]granting #14 Motion for Extension of Time re #9 Opposition, #14 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 (05/14/12},. Honorable Marilyn Shea-Stonum on 05/14/12.(R,M)
May 11, 2012	Filing 15 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) #14 . (Proano, David)
May 10, 2012	Filing 14 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 Movant Neil Lucas. Related document(s) #9 . (Whiting-Bozich, Alicia)
May 3, 2012	Filing 13 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 Movant Neil Lucas. Related document(s) #9 . (Whiting-Bozich, Alicia)
May 1, 2012	Filing 12 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. #10 ) is MOOT. The motion to transfer venue (Doc. #3 ) and related motions (Doc. #8 ) will be addressed by Judge Shea-Stonum. Judge Patricia A. Gaughan on 4/30/12. (LC,S)
April 27, 2012	Filing 11 Reply to response to #1 Motion for withdrawal of reference (Bankruptcy) [Defendants' Omnibus Reply Regarding Withdrawal of the Reference] filed by Neil Lucas. (Greenfield, Harry)
April 25, 2012	Filing 10 Omnibus Motion for conference/hearing filed by Movant Neil Lucas. (Whiting-Bozich, Alicia)
April 25, 2012	Filing 9 Opposition to #3 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)
April 24, 2012	Filing 8 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) #3 . (Proano, David)
April 20, 2012	Miscellaneous case information copied to civil case. (E,P)
April 20, 2012	Filing 7 Order: The Motion for Withdrawal of Reference (Bankruptcy) filed by Movant Neil Lucas (ECF #1 ) is GRANTED. Judge Patricia A. Gaughan on 4/19/12. (LC,S)
April 20, 2012	Filing 6 Omnibus Response to Defendants' Motion for Withdrawal of Reference filed by Brian A. Bash. Related document(s) #1 . (Attachments: #1 Exhibit 1 - Northern District of Ohio's General Order No. 2012-7) (Proano, David)
April 18, 2012	Filing 5 Attorney Appearance by Nicholas L. White filed by on behalf of Brian A. Bash. (White, Nicholas)
April 18, 2012	Filing 4 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David)
April 11, 2012	Filing 3 Motion to change/transfer venue of the Adversary Proceeding to the United States District Court for the Southern District of Indiana filed by Movant Neil Lucas. (Attachments: #1 Exhibit Unreported Case Law, #2 Exhibit Unreported Case Law, #3 Exhibit Unreported Case Law)(Whiting-Bozich, Alicia)
April 9, 2012	Filing 2 Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Patricia Gaughan for all further proceedings. Judge Dan Aaron Polster on 4/9/12. (P,R)
April 9, 2012	Judge Patricia A. Gaughan assigned to case. Judge Dan Aaron Polster terminated. (C,BA)
April 5, 2012	Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Movant Neil Lucas. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5046, #2 USBC Docket Sheet, Bankruptcy Case #10-50494, #3 Transmittal Letter)(M,TL)
April 5, 2012	Judge Dan Aaron Polster assigned to case. (M,TL)

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Petitioner: Neil Lucas
Represented By:	Richard M. Bain
Represented By:	Harry W. Greenfield
Represented By:	Aaron J. Babb
Represented By:	Alicia R. Whiting-Bozich
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Not classified by court: Hugh M. Stanley, Jr.
Represented By:	Hugh M. Stanley, Jr.
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Respondent: Brian A. Bash
Represented By:	Kenneth G. Prabucki
Represented By:	David F. Proano
Represented By:	Kelly S. Burgan
Represented By:	Nicholas L. White
Represented By:	Alexis C. Beachdell
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