Head, et al v. Bash
| Rick D. Snow, John J. Head, James F. Cochran, Daniel S. Laikin, Keith E. Schaffter and Timothy S. Durham |
| Brian A. Bash |
| National Union Fire Insurance Company of Pittsburgh, Pa. and Jeffrey Eglen |
| 5:2013cv02098 |
| September 20, 2013 |
| US 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 70 Dismissal Order: This matter comes before the Court on the motion for dismissal of the claims against Defendants Jeffrey Eglen, John Head and Keith Schaffter, with prejudice, pursuant to settlement agreements. Upon consideration, the Motion is GRANTED. Judge Patricia A. Gaughan on 9/9/15. (LC,S) (Related Doc #69 ) |
| Filing 69 Motion to dismiss party/claims pursuant to Approved Settlement Agreements filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit Proposed Dismissal Order)(Moran, Michael) |
| Filing 68 Marginal Entry Order: Stipulated Motion to Dismiss Plaintiff's Claims Against James Cochran is Granted. Judge Patricia A. Gaughan on 5/22/15. (LC,S) re #67 |
| Filing 67 Stipulated Motion to dismiss Plaintiff's Claims Against James Cochran filed by Respondent Brian A. Bash, Movant James F. Cochran. (Moran, Michael) |
| Filing 66 Dismissal Order granting joint Motion for dismissal w/prejudice of claims against Daniel S. Laikin (Related Doc #65 ). Judge Patricia A. Gaughan(C,KA) |
| Filing 65 Joint Motion to dismiss Claims against Daniel S. Laikin, with prejudice, Pursuant to Approved Settlement Agreement filed by Respondent Brian A. Bash, Movant Daniel S. Laikin. (Attachments: #1 Exhibit A - Dismissal Order)(Douthett, Breaden) |
| Filing 64 Attorney Appearance by Breaden M. Douthett filed by on behalf of Brian A. Bash. (Douthett, Breaden) |
Filing 63
Order Dismissing Plaintiff's Claims Against Timothy Durham. Judge Patricia A. Gaughan on 1/20/15. (Related Doc #61 ) (LC,S)
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| Filing 62 Proposed Order Dismissing Plaintiff's Claims Against Timothy Durham filed by Brian A. Bash. Related document(s) #61 . (Moran, Michael) |
| Filing 61 Stipulated Motion to dismiss Claim against Defendant Timothy Durham filed by Respondent Brian A. Bash, Movant Timothy S. Durham. (Moran, Michael) |
| Filing 58 Response of Defendant Timothy Durham to Trustee's Limited Objection and Trustee's Supplement to Limited Objection to Report and Recommendation filed by Timothy S. Durham. Related document(s) #53 , #55 . (Attachments: #1 Exhibit Objection of Defendant Timothy Durham to Motion for Summary Judgment Against Defendant James Cochran (ECF 35) [ECF 46], #2 Exhibit Memorandum of Defendants James Cochran and Timothy Durham in Opposition to Plaintiff's Combined Supplement to Motions for Summary Judgment (Docket NO. 224) [Adv.Pro. ECF 225]) (Friedberg, Leon) |
| Filing 57 Response of Defendant James F. Cochran to Trustee's Limited Objection and Trustee's Supplement to Limited Objection to Report and Recommendation filed by James F. Cochran. Related document(s) #54 , #52 . (Attachments: #1 Exhibit Objection of Defendant James F. Cochran to Motion for Summary Judgment Against Defendant James Cochran (ECF 34) [ECF 45], #2 Exhibit Memorandum of Defendants James Cochran and Timothy Durham in Opposition to Plaintiff's Combined Supplement to Motions for Summary Judgment (Docket NO. 224) [Adv.Pro. ECF 225]) (Friedberg, Leon) |
| Filing 56 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David) |
| Filing 55 Supplement to Trustee's Notice of Pending Settlement Motion and Limited Objection to the Report and Recommendation to Deny (1) Timothy Durham's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment to #53 Notice, filed by Brian A. Bash. Related document(s) #53 . (Attachments: #1 Exhibit 1 - 7th Circuit Decision - USA vs Durham, #2 Exhibit 2 - Trustee's Answer and Cross-Claim)(Burgan, Kelly) |
| Filing 54 Supplement to Trustee's Limited Objection to the Report and Recommendation to Deny (1) James Cochran's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment to #52 Objection to Report and Recommendation, filed by Brian A. Bash. Related document(s) #52 . (Attachments: #1 Exhibit 1 - 7th Circuit Decision - USA vs Durham, #2 Exhibit 2 - Trustee's Answer and Cross-Claim)(Burgan, Kelly) |
| Filing 53 Trustee's Notice of Pending Settlement Motion and Limited Objection to the Report and Recommendation to Deny (1) Timothy Durham's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment filed by Brian A. Bash. (Attachments: #1 Exhibit 1 - The Settlement Motion, #2 Exhibit 2 - Superseding Indictment, #3 Exhibit 3 - Verdict Forms, Amended Judgments, and Excerpts of Sentencing Hearing)(Burgan, Kelly) |
| Filing 52 Objection to Report and Recommendation to Deny (1) James Cochran's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment filed by Brian A. Bash. (Attachments: #1 Exhibit 1 - Superseding Indictment, #2 Exhibit 2 - Verdict Forms, Amended Judgments, and Excerpts of Sentencing Hearing) (Burgan, Kelly) |
| Filing 60 Report and Recommendation to Deny (1) James Cochran's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment. Honorable Pat E. Morgenstern-Clarren on 07/28/2014. Related documents: #35 , #39 , #40 , #44 , #46 , #47 , #50 . (Attachments: #1 Bankruptcy Cover Letter)(M,TL) |
| Filing 59 Report and Recommendation to Deny (1) Timothy Durham's Motion to Dismiss and for Summary Judgment; and (2) the Trustee's Motion for Summary Judgment. Honorable Pat E. Morgenstern-Clarren on 7/28/2098. Related documents: #35 , #39 , #40 , #44 , #46 , #47 , #50 . (Attachments: #1 Bankruptcy Cover Letter)(M,TL) |
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Filing 51
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 10-05038-pmc. Motions to Appear Pro Hac Vice and for Rule 7041 dismissals shall be filed and docketed in the District Court in Case Number 5:13 CV 2098. 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 50 Reply to response to #39 Motion for summary judgment Consolidated Dispositive Motion, Motion to dismiss filed by Timothy S. Durham. Related document #44 . (Attachments: #1 Exhibit One, Offering Circular excerpt; Exhibit Two, Exhibit A to Trustee Status Report; Exhibit Three, deposition excerpts)(Friedberg, Leon) Modified text 4/7/2014 (K,K). |
| Filing 49 Reply to response to #37 Motion for summary judgment Consolidated Dispositive Motion, Motion to dismiss filed by James F. Cochran. Related document #44 . (Attachments: #1 Exhibit One, Offering Circular excerpt; Exhibit Two, Exhibit A to Trustee Status Report; Exhibit Three, deposition excerpts)(Friedberg, Leon) Modified text 4/7/2014 (K,K). |
| Filing 48 Reply in Support of Defendant John J. Head's Motion for Summary Judgment filed by John J. Head. Related document(s) #32 . (Paganelli, F.) |
| Filing 47 Reply to the Objections to the Trustee's Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #46 , #45 . (Moran, Michael) |
| Filing 46 Opposition to #35 Motion for summary judgment (Durham) filed by Timothy S. Durham. (Friedberg, Leon) |
| Filing 45 Opposition to #34 Motion for summary judgment (Cochran) filed by James F. Cochran. (Friedberg, Leon) |
| Filing 44 Response to Dispositive Motions (Motion for Summary Judgment (Cochran and Durham)) filed by Brian A. Bash. Related document(s) #28 , #29 , #35 , #17 , #25 , #19 , #34 , #21 , #18 , #20 , #24 , #23 , #27 , #16 . (Moran, Michael) Modified text to match filing 3/10/2014 (K,K). |
| Filing 43 Response to Motion for Summary Judgment (Head) filed by Brian A. Bash. Related document(s) #32 . (Moran, Michael) |
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Order [non-document]Consent Motion by Brian Bash, Trustee for extension of briefing deadline for any party seeking to file a brief in opposition to a dispositive motion is granted to 3/07/14. Replies, if any, are due 4/04/14. #41 Judge Patricia A. Gaughan on 3/06/14.(D,Ma)
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| Filing 42 Proposed Order Extending Briefing Schedule filed by Brian A. Bash. Related document(s) #41 . (Moran, Michael) |
| Filing 41 Motion for extension of Breifing until March 7, 2014 filed by Respondent Brian A. Bash. (Moran, Michael) |
| Telepohnic Status Conference set for 1/28/2014 at 02:30 PM before Honorable Marilyn Shea-Stonum as it relates to # 1390 Motion to compromise in the main case 10-50494 Dial in information 866-468-2930 (Passcode 216-861-7834#) (K,M) |
| Filing 40 Memorandum in Support of Consolidated Dispositive Motion filed by Timothy S. Durham. Related document(s) #39 . (Friedberg, Leon) Modified text 1/21/2014 (K,K). |
| Filing 39 Consolidated Dispositive Motion to dismiss and Motion for summary judgment upon crossclaims of the Plaintiff Brian A. Bash filed by Movant Timothy S. Durham. (Friedberg, Leon). Added Motion to dismiss on 1/21/2014 (K,K). |
| Filing 38 Memorandum in Support of Defendant James F. Cochran's Consolidated Dispositive Motion filed by James F. Cochran. Related document(s) #37 . (Friedberg, Leon) Modified text 1/21/2014 (K,K). |
| Filing 37 Consolidated Dispositive Motion to dismiss and Motion for summary judgment upon crossclaims of the Plaintiff Brian A. Bash filed by Movant James F. Cochran. (Friedberg, Leon). AddedMotion to dismiss on 1/21/2014 (K,K). |
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Filing 36
Order: Currently pending are a number of motions to dismiss and summary judgment motions. The Court notes that defendants James F. Cochran and Timothy Durham each filed six separate dispositive motions, for a total of twelve motions. The Court will not consider the motions as filed because in combination they greatly exceed the page limitations set forth in the local rules. Accordingly, ECF filings 16-21, 23-25, and 27-29 are hereby termed by the Court. Cochran and Durahm may file one brief each in support of their dispositive motions. Each brief may not exceed thirty pages in total. Briefs in opposition may not exceed 30 pages and reply briefs (if any) may not exceed 20 pages. The refiled briefs are due on or before January 17, 2014. Briefs in opposition to all pending dispositive motions are due on or before February 28, 2014, and reply briefs are due on or before March 21, 2014. Judge Patricia A. Gaughan on 1/9/14. (LC,S) re #16 , #17 , #18 , #19 , #20 , #21 , #23 , #24 , #25 , #27 , #28 , #29
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| Filing 35 Motion for summary judgment (Durham) filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A-D)(Moran, Michael) |
| Filing 34 Motion for summary judgment (Cochran) filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A-D)(Moran, Michael) |
| Filing 33 Brief in Support of Motion for Summary Judgment filed by John J. Head. Related document(s) #32 . (Paganelli, F.) |
| Filing 32 Motion for summary judgment filed by Movant John J. Head. (Attachments: #1 Exhibit A: John Head Deposition Excerpts, #2 Exhibit B: Trustee's Discovery Responses, #3 Exhibit C: Howard Klein Deposition Excerpts)(Paganelli, F.) |
| Filing 31 Appendix to Dispositive Motions, Contents and App A through C filed by Timothy S. Durham. Related document(s) #28 , #25 , #23 , #27 , #29 , #24 . (Attachments: #1 Appendix App D & E Cited Case Opinions, #2 Appendix App F through H Cited Case Opinions, #3 Appendix App I & J Cited Case Opinions)(Friedberg, Leon) |
| Filing 30 Affidavit/Declaration of Howard Klein filed by Brian A. Bash. (Attachments: #1 Affidavit, #2 Exhibit Resume, #3 Exhibit Report)(Moran, Michael) |
| Filing 29 Motion for partial summary judgment Count VII of Crossclaims filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 28 Motion for partial summary judgment Count VI of Crossclaims filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 27 Motion for partial summary judgment Count V of Crossclaims filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 26 Notice of Filing of Certified Trial Transcript filed by Brian A. Bash. (Attachments: #1 Certified Transcript (Volume 1), #2 Certified Transcript (Volume 2), #3 Certified Transcript (Volume 3), #4 Certified Transcript (Volume 4), #5 Exhibit Exhibit to Volume 4, #6 Certified Transcript (Volume 5), #7 Exhibit Exhibit to Volume 5, #8 Certified Transcript (Volume 6), #9 Certified Transcript (Volume 7), #10 Certified Transcript (Volume 8))(Moran, Michael) Modified text 1/8/2014 (K,K). |
| Filing 25 Motion for partial summary judgment Count I of Crossclaims filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 24 Motion to dismiss count II, III, IV, VIII, IX, and X of Crossclaims (Abandoned Counts) filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 23 Motion to dismiss count II, V, and VII (fraud based claims) of Crossclaims filed by Movant Timothy S. Durham. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 22 Appendix to Dispositive Motions, Contents and App A through C filed by James F. Cochran. Related document(s) #17 , #19 , #21 , #18 , #20 , #16 . (Attachments: #1 Appendix App D & E Cited Case Opinions, #2 Appendix App F through H Cited Case Opinions, #3 Appendix App I & J Cited Case Opinions)(Friedberg, Leon) |
| Filing 21 Motion for partial summary judgment Count VII of Crossclaims filed by Movant James F. Cochran. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 20 Motion for partial summary judgment Count VI of Crossclaims filed by Movant James F. Cochran. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 19 Motion for partial summary judgment Count V of Crossclaims filed by Movant James F. Cochran. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 18 Motion for partial summary judgment Count I of Crossclaims filed by Movant James F. Cochran. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 17 Motion to dismiss count II, III, IV, VIII, IX, and X (Abandoned Counts) filed by Movant James F. Cochran. (Attachments: #1 Brief in Support)(Friedberg, Leon) |
| Filing 16 Motion to dismiss count II, V, and VII (fraud related Counts) filed by Movant James F. Cochran. (Attachments: #1 Brief in Support James Cochran Memorandum in Support of Motion to Dismiss Crossclaims Counts II, V, and VII)(Friedberg, Leon) |
| Filing 15 Statement of Facts Remaining in Dispute filed by Brian A. Bash. Related document(s) #14 . (Moran, Michael) |
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Filing 14
Order and Memorandum of Pre-trial Conference Held on 12/05/13 taking under advisement Motion to consolidate cases (Related Doc #6 ) To the extent, however that the motion to consolidate incorporates a request for the withdrawal of this Court's reference by the District Court, this Court will not address that request as it is within the purview of District Court; the 01/06/14 deadline for filing a motion for summary judgment set by Judge Nugent shall remain in place.. Honorable Marilyn Shea-Stonum on 12/05/13.(R,M)
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| Telephonic Pretrial Conference set for 12/5/2013 at 10:00 AM before Honorable Marilyn Shea-Stonum. parties may appear telephonic via the following dial in information: Conference number 888 684-8852, access code: 5438004 #, security code: 105038#Related document(s) #11 , #9 , #6 . (K,M) |
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Filing 13
Order of Reference: This case was recently transferred to the undersigned. 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. referring case to Honorable Marilyn Shea-Stonum. Judge Patricia A. Gaughan on 11/20/13. (LC,S) re #6
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| Filing 12 Consent to Transfer and order of transfer of a related case to Patricia A. Gaughan. Judge Donald C. Nugent (C,KA) |
| Judge Patricia A. Gaughan assigned to case. Judge Donald C. Nugent terminated. (C,BA) |
| Filing 11 Reply to response to #6 Motion to consolidate cases (1) National Union Fire Insurance Company Of Pittsburgh, Pa, v. Cochran, et al., Adv. Pro. No. 13-05116, and (2) Bash v. National Union Fire Insurance Company of Pittsburgh, Pa, et al., Adv. Pro No. 13-05084 In Support of Motion to Consolidate, and to the Extent Necessary, for Withdrawal of Reference and in Response to Supplement to Motion of National Union Fire Insurance Company of Pittsburgh, Ps. to Withdraw Motion (ECF 10) filed by James F. Cochran, Timothy S. Durham. (Friedberg, Leon) |
| Filing 10 Supplement to Motion of National Union Fire Insurance Company of Pittsburgh, Pa. by Special Appearance, to Withdraw its Motion to Permit Advancement of Certain Defense Costs filed by National Union Fire Insurance Company of Pittsburgh, Pa.. (Attachments: #1 Exhibit 1: October 10, 2013 Order granting National Union's Unopposed Motion to Interplead Policy Proceeds, #2 Exhibit 2: October 25, 2013 Agreed Order)(Maluchnik, Crystal) |
| Filing 9 Opposition to #6 Motion to consolidate cases (1) National Union Fire Insurance Company Of Pittsburgh, Pa, v. Cochran, et al., Adv. Pro. No. 13-05116, and (2) Bash v. National Union Fire Insurance Company of Pittsburgh, Pa, et al., Adv. Pro No. 13-05084 filed by Brian A. Bash. (Moran, Michael) Modified text on 11/5/2013 (B,R). |
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Filing 8
Order granting #7 consent Motion to Extend summary judgment deadline. Deadline is now 1/6/2014. Judge Donald C. Nugent(C,KA)
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| Filing 7 Consent Motion for extension of Summary Judgment Motion Deadline until January 6, 2014 filed by John J. Head, Keith E. Schaffter, Rick D. Snow. (Attachments: #1 Proposed Order)(Paganelli, F.) |
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Order [non-document]granting #5 Defendants' Agreed Motion to Extend Summary Judgment Deadlines until November 5, 2013. Judge Donald C. Nugent on 10/22/13.(R,JM)
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| Filing 6 Motion to consolidate cases, and to the extent necessary, for withdrawal of reference (1) National Union Fire Insurance Company Of Pittsburgh, Pa, v. Cochran, et al., Adv. Pro. No. 13-05116, and (2) Bash v. National Union Fire Insurance Company of Pittsburgh, Pa, et al., Adv. Pro No. 13-05084 filed by James F. Cochran, Timothy S. Durham. (Friedberg, Leon) Modified text 10/22/2013 (K,K). |
| Filing 5 Consent Motion for extension of Summary Judgment Motion Deadline until November 5, 2013 filed by John J. Head, Keith E. Schaffter, Rick D. Snow. (Attachments: #1 Proposed Order)(Paganelli, F.) |
| Filing 4 Attorney Appearance for Jeffrey Eglen by Stephen J. Pruneski filed by on behalf of Jeffrey Eglen. (Pruneski, Stephen) |
| Filing 3 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 9/20/13. Motion #1 to w/draw reference is granted. Status Conference set for 12/5/2013 at 10:00 AM., Dispositive Motions due by 10/22/2013, Replies due by 12/2/2013. Time: 30 minutes. (C,KA) |
| Copied information from miscellaneous case, 5:13mc66, to this civil case (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,B) |
| IMPORTANT: Notice (non-document)of Status Conference set for 9/20/2013 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| Filing 2 Response to #1 Motion for withdrawal of reference (Bankruptcy) filed by Brian A. Bash. (Moran, Michael) |
| Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Movants James F. Cochran, Timothy S. Durham, John J. Head, Daniel S. Laikin, Keith E. Schaffter, Rick D. Snow. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 10-5038, #2 USBC Docket Sheet, Bankruptcy Case #10-50494, #3 Transmittal Letter)(M,TL) |
| Judge Donald C. Nugent assigned to case. (M,TL) |
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