Luis v. Zang et al Featured Case
Plaintiff: Javier Luis
Defendant: Awareness Technologies, Inc., Mike Osborne, Peter Fuhrman, Howard Johnson, Bergmann Joseph Zang, Jason Fitch, Mary Jill Donovan, Verizon Communications, Joseph Zang Builders, Carla Bergmann, Joseph O. Zang, Joseph Zang, Kristen Habacht, Jow Arif, Ron Penna, Cincinnati Bell, Michael McCaferty, Joseph Zang Custom Builders, Joseph C. Zang, Joe Zang Custom Builders, Brad Miller, Donovan Law, Mary Zang and Zang General Contractors, Inc.
Petitioner: Hill Ward Henderson, Scott J Stitt, James E Arnold, James E. Arnold & Associates and Lara Tibbals
Case Number: 1:2012cv00629
Filed: August 21, 2012
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: XX US, Outside State
Presiding Judge: Stephanie K Bowman
Referring Judge: Susan J Dlott
Nature of Suit: Civil Rights: Other
Cause of Action: 18 U.S.C. ยง 2511
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2019 Opinion or Order Filing 251 MANDATE of USCA as to #237 Notice of Appeal filed by Javier Luis. (sct)
April 19, 2019 Opinion or Order Filing 250 ORDER of USCA as to #237 Notice of Appeal: Luis' motion for appointment of counsel or stay of proceedings is denied; the District Court's judgment is affirmed. Note: Mandate to issue. (er)
March 21, 2019 Opinion or Order Filing 249 ORDER ADOPTING #244 REPORT AND RECOMMENDATIONS: Accordingly, it is ORDERED that defendants motion for Rule 11 sanctions is DENIED. Signed by Judge Susan J. Dlott on 3/21/2019. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 27, 2018 Opinion or Order Filing 248 ORDER of USCA as to #237 Notice of Appeal: The appeal is REINSTATED. Note: No Mandate details noted. (er)
November 15, 2018 Opinion or Order Filing 247 ORDER of USCA as to #237 Notice of Appeal: The appeal is dismissed for want of prosecution. Note: No Mandate to issue. (er)
October 11, 2018 Opinion or Order Filing 246 NOTICE of Change of Address by Bernard W Wharton (Wharton, Bernard)
September 7, 2018 Opinion or Order Filing 245 ORDER denying as moot #242 Plaintiff's First (Duplicate) Motion for Leave to Appeal in forma pauperis; granting #243 Plaintiff's Second Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 9/7/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 7, 2018 Opinion or Order Filing 244 REPORT AND RECOMMENDATIONS re #238 Defendant Awareness Technologies, Inc's Motion for Rule 11 Attorney Fees. IT IS RECOMMENDED THAT Defendant's motion for Rule 11 sanctions #238 be DENIED. Objections to R&R due by 9/21/2018. Signed by Magistrate Judge Stephanie K. Bowman on 9/7/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 27, 2018 Opinion or Order Filing 243 Second MOTION for Leave to Appeal in forma pauperis by Plaintiff Javier Luis. (Attachments: #1 Affidavit) (Luis, Javier)
August 27, 2018 Opinion or Order Filing 242 First MOTION for Leave to Appeal in forma pauperis by Plaintiff Javier Luis. (Attachments: #1 Affidavit financial affidavit) (Luis, Javier)
July 30, 2018 Opinion or Order Filing 241 USCA Case Number 18-3707 for #237 Notice of Appeal filed by Javier Luis. Case Manager - Amy E. Gigliotti. (sct)
July 26, 2018 Opinion or Order Filing 240 First MOTION for Leave to File First Corrected Response by Plaintiff Javier Luis. (Attachments: #1 Exhibit) (Luis, Javier)
July 26, 2018 Opinion or Order NOTATION ORDER granting #240 Plaintiff's Motion for Leave to File Corrected Response to #238 Defendant Awareness Technologies, Inc's Motion for Attorney Fees. Plaintiff's original response to the motion #239 is hereby deemed corrected and/or otherwise replaced by Plaintiff's instant motion #240 . Signed by Magistrate Judge Stephanie K. Bowman on 7/26/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 25, 2018 Opinion or Order Filing 239 RESPONSE to Motion re #238 MOTION for Attorney Fees filed by Plaintiff Javier Luis. (Attachments: #1 Exhibit) (Luis, Javier)
July 9, 2018 Opinion or Order Filing 238 MOTION for Attorney Fees by Defendant Awareness Technologies, Inc.. (Attachments: #1 Affidavit) (Wharton, Bernard)
July 7, 2018 Opinion or Order Filing 237 NOTICE OF APPEAL by Plaintiff Javier Luis. (Attachments: #1 Order Adopting Doc. 235) (Luis, Javier)
June 8, 2018 Opinion or Order Filing 236 CLERK'S JUDGMENT re #235 ORDER ADOPTING #230 REPORT AND RECOMMENDATIONS. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 8, 2018 Opinion or Order Filing 235 ORDER ADOPTING #230 REPORT AND RECOMMENDATIONS: Accordingly, the Magistrate Judges Report and Recommendation is hereby adopted as the opinion of this Court. Defendant Awareness Technologies Motion for Summary Judgment #213 is GRANTED. Plaintiffs Objections #226 and #227 are overruled. Plaintiffs remaining motions #190 , #228 , #230 , #232 , #233 and #234 are hereby DENIED as moot.. Signed by Judge Susan J. Dlott on 6/8/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 15, 2018 Opinion or Order Filing 234 Third MOTION for Leave to File thrid enlarged amended objections by Plaintiff Javier Luis. (Luis, Javier)
May 11, 2018 Opinion or Order Filing 233 MOTION for Leave to File by Plaintiff Javier Luis. (Attachments: #1 Text of Proposed Order memorandum) (Luis, Javier)
May 7, 2018 Opinion or Order Filing 232 First MOTION for Leave to File second amended objections by Plaintiff Javier Luis. (Luis, Javier)
May 7, 2018 Opinion or Order Notice of Correction re: #231 MOTION for Judgment on Partial Findings First Objection to Magistrate Judge Orderre #225 REPORT AND RECOMMENDATIONS re #213 MOTION for Summary Judgment With Affidavit filed by Awareness Technologies, Inc. , document was filed using the incorrect event, the filer has been contacted and is to re-file the document using the correct event. (bjc)
May 4, 2018 Opinion or Order Filing 231 [FILED IN ERROR, PLEASE DISREGARD] MOTION for Judgment on Partial Findings ( Responses due by 5/25/2018), First Objection to Magistrate Judge Orderre #225 REPORT AND RECOMMENDATIONS re #213 MOTION for Summary Judgment With Affidavit filed by Awareness Technologies, Inc. ( Responses due by 5/29/2018) by Plaintiff Javier Luis. (Luis, Javier) Modified Docket Text on 5/7/2018 (bjc).
May 3, 2018 Opinion or Order Filing 230 MOTION for Extension of Time to File New date requested 5/11/2018. by Plaintiff Javier Luis. (Luis, Javier)
April 17, 2018 Opinion or Order Notation ORDER granting #229 Motion for Extension of Time until 5/4/18 to file an objection to the R&R. Signed by Judge Susan J. Dlott on 4/17/18. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 16, 2018 Opinion or Order Filing 229 First MOTION for Extension of Time New date requested 5/4/2018. Motion for extension of time to file objection to report and recommendation by Plaintiff Javier Luis. (Luis, Javier)
April 16, 2018 Opinion or Order Filing 228 First MOTION for Leave to File Second amended objection to order and opinion (DOC.# 224) by Plaintiff Javier Luis. (Attachments: #1 Exhibit A gmail, #2 Exhibit B Gmail, #3 Exhibit C Denial, #4 Exhibit D Dr barnes) (Luis, Javier)
April 16, 2018 Opinion or Order Filing 227 First Objection to Magistrate Judge Order and MOTION for Reconsideration re #224 Order on Motion for Leave to File,, Order on Motion to Appoint Counsel,, Order on Motion for Miscellaneous Relief, by Plaintiff Javier Luis. (Attachments: #1 Exhibit Exhibit A gmail, #2 Exhibit Exhibit B gmail, #3 Exhibit Exhibit C Denied motions, #4 Exhibit Exhibit D Dr Barnes) (Luis, Javier). Added MOTION for Reconsideration on 4/16/2018 (eh).
April 13, 2018 Opinion or Order Filing 226 First Objection to Magistrate Judge Orderre #224 Order on Motion for Leave to File,, Order on Motion to Appoint Counsel,, Order on Motion for Miscellaneous Relief, by Plaintiff Javier Luis. (Attachments: #1 Exhibit A gmail, #2 Exhibit B gmail, #3 Exhibit C. Barnes letter) (Luis, Javier)
April 6, 2018 Opinion or Order Filing 225 REPORT AND RECOMMENDATIONS re #213 Motion for Summary Judgment filed by Defendant Awareness Technologies, Inc. IT IS RECOMMENDED THAT Defendant's motion for summary judgment #213 be GRANTED, with judgment to be entered in favor of Defendant, and this case to be closed and stricken from the active docket. Objections to R&R due by 4/20/2018. Signed by Magistrate Judge Stephanie K. Bowman on 4/6/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 30, 2018 Opinion or Order Filing 224 ORDER denying in full #222 Plaintiff's multi-part motion and denying any construed motions contained in the improperly filed second response #223 . The only response in opposition to Defendant's motion for summary judgment that will be considered by this Court is the response that Plaintiff filed on February 15, 2018. Signed by Magistrate Judge Stephanie K. Bowman on 3/30/18. (sct)
March 28, 2018 Opinion or Order Notice of Correction re #223 Response in Opposition to Motion: Document also included a motion for stay and motion for appointment of counsel. Plaintiff must refile the document as a motion and select the stay and appointment of counsel reliefs. (sct)
March 27, 2018 Opinion or Order Filing 223 RESPONSE in Opposition re #213 MOTION for Summary Judgment With Affidavit filed by Plaintiff Javier Luis. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Luis, Javier)
March 19, 2018 Opinion or Order Notice of Correction re #222 First MOTION for Leave to File sur-reply: Document included 3 different motion reliefs but was only docketed to account for 1. Clerk corrected the docket entry to include the other 2 reliefs, modified the docket text, and regenerated the NEF. (sct)
March 18, 2018 Opinion or Order Filing 222 First MOTION for Leave to File sur-reply, to Request Appointment of Counsel, and for Miscellaneous Relief by Plaintiff Javier Luis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Luis, Javier). Added MOTION to Appoint Counsel, MOTION for Miscellaneous Relief on 3/19/2018 (sct).
February 23, 2018 Opinion or Order Filing 221 REPLY to Response to Motion re #213 MOTION for Summary Judgment With Affidavit filed by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
February 23, 2018 Opinion or Order Notice of Correction re: #220 Reply (non motion), This entry was filed incorrectly. Counsel was notified and will file using Civil Events Motions and Related Filings Responses and RepliesReply to Response to Motion. Clerk restricted #220 to court users only. (jlw)
February 22, 2018 Opinion or Order Filing 220 *DISREGARD THIS ENTRY IT WAS FILED IN ERROR.* Reply re #213 MOTION for Summary Judgment With Affidavit by Defendant Awareness Technologies, Inc.. (Wharton, Bernard) Modified to restrict entry to court users only on 2/23/2018 (jlw).
February 15, 2018 Opinion or Order Filing 219 AFFIDAVIT in Opposition re #213 MOTION for Summary Judgment With Affidavit filed by Plaintiff Javier Luis. (Luis, Javier)
January 4, 2018 Opinion or Order Filing 218 ORDER granting Plaintiff's motion #214 only to the extent that Plaintiff seeks additional time to file a response to the Defendant's motion for summary judgment, and in all other respects is DENIED. Plaintiff shall file any written response to the pending motion for summary judgment on or before 2/15/2018. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Stephanie K. Bowman on 1/4/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 3, 2018 Opinion or Order Filing 217 AFFIDAVIT re #213 MOTION for Summary Judgment With Affidavit of Brad Miller by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
January 2, 2018 Opinion or Order Filing 216 Exhibits for DEPOSITION of Javier Luis (Doc. #215 ) by Defendant Awareness Technologies, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Wharton, Bernard) Modified entry text and to create link on 1/3/2018 (mr).
January 2, 2018 Opinion or Order Filing 215 DEPOSITION of Javier Luis taken on 7-12-2017 by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
December 31, 2017 Opinion or Order Filing 214 First MOTION for Extension of Time New date requested 1/22/2018. , MOTION for Extension of Time to File New date requested 1/22/2018. ( Responses due by 1/24/2018) by Plaintiff Javier Luis. (Attachments: #1 Exhibit Exhibit A) (Luis, Javier)
December 28, 2017 Opinion or Order Filing 213 MOTION for Summary Judgment With Affidavit by Defendant Awareness Technologies, Inc.. (Attachments: #1 Affidavit) (Wharton, Bernard)
December 28, 2017 Opinion or Order Filing 212 NOTICE by Defendant Awareness Technologies, Inc. 's Notice to File the Deposition of Javier Luis (Wharton, Bernard)
September 20, 2017 Opinion or Order Filing 211 OPINION AND ORDER - IT IS ORDERED THAT: (1) Plaintiff's "motion to clarify" #203 is DENIED AS MOOT; (2) Plaintiff's "motion for leave to file/request to deny protective order" and his corrected versions of the same motion #207 #208 #209 are all DENIED in part and GRANTED IN PART as follows: (a) The motions are granted insofar as Paragraphs 4 and 5 of the Agreed Protective Order #204 are modified and reworded to state: 4. If Proprietary Information so designated by this Protective Order is to be filed with the Court in connection with any proceedings herein, the party seeking to file the information shall file a motion seeking leave to file the information under seal, and shall provide sufficient justification for that motion as required under controlling Sixth Circuit case law. The Clerk of Court will maintain the confidentiality of any documents and transcripts of testimony as to which the Court has authorized any party to file under seal 5. The designation of Proprietary Information by any party shall not constitute an admission or concession or permit an inference that the Proprietary Information is, in fact, proprietary and any party may object to the designation of any item as Proprietary by moving for entry of an Order that the Proprietary Information is not entitled to protection. Pending the Court's determination of said motion, the Proprietary Information shall be treated as Proprietary as provided in this Stipulation and Protective Order. The motion and all papers submitted to the Court in connection with the motion shall be designated as Proprietary and filed under seal only to the extent authorized by this Court in accord with Paragraph 4 above; (b) Plaintiff's motion (and corrected motions) seeking miscellaneous relief and the appointment of counsel are denied; (3) Given the number of years this case has been pending and the conclusion of fact discovery in May, the Court forewarns both parties that the November 30 deadline for the completion of all expert discovery and the 12/29/2017 dispositive motion deadline WILL NOT BE FURTHER EXTENDED absent an extraordinarily strong showing of good cause. Signed by Magistrate Judge Stephanie K. Bowman on 9/20/2017. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2017 Opinion or Order Filing 210 ORDER adopting #196 Report and Recommendations plaintiffs construed motion to further amend his complaint (Doc. 189) is GRANTED IN PART and otherwise DENIED. Plaintiffs motion to amend is GRANTED, but limited to the claims reflected in Counts I, II, V, and VII in Doc. 189-1 against the single Defendant Awareness Technologies, Inc.. Signed by Judge Susan J. Dlott on 9/8/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 10, 2017 Opinion or Order Filing 209 MOTION for Leave to File , Second MOTION to Amend/Correct #208 MOTION for Leave to File first corrected MOTION re #204 Protective Order Objection to Magistrate Judge Order and for miscellaneous relief (appointment of counsel), #207 First MOTION for Leave to File request to deny protective orderFirst Objection to Magistrate Judge Orderre #204 Protective Order ( Responses due by 8/3/2017) by Plaintiff Javier Luis. (Attachments: #1 memorandum of law) (Luis, Javier)
July 6, 2017 Opinion or Order Filing 208 MOTION for Leave to File first corrected, MOTION re #204 Protective Order , Objection to Magistrate Judge Order and for miscellaneous relief (appointment of counsel) ( Responses due by 7/31/2017) by Plaintiff Javier Luis. (Attachments: #1 memorandum of law) (Luis, Javier)
July 5, 2017 Opinion or Order Filing 207 First MOTION for Leave to File request to deny protective order, First Objection to Magistrate Judge Orderre #204 Protective Order ( Responses due by 7/31/2017) by Plaintiff Javier Luis. (Luis, Javier)
June 30, 2017 Opinion or Order Filing 206 NOTICE by Defendant Awareness Technologies, Inc. 's Notice to Take Deposition of Javier Luis (Wharton, Bernard)
June 12, 2017 Opinion or Order Filing 205 RESPONSE to Motion re #201 MOTION for Leave to File Second Amended Objections to Report and Recommendation filed by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
June 12, 2017 Opinion or Order Filing 204 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 31, 2017 Opinion or Order NOTATION ORDER granting #202 Defendant Awareness Technologies, Inc's Unopposed Motion for Extension of Time to Complete Fact Discovery. The Fact Discovery deadline is hereby extended from 5/1/2017 to 7/31/2017. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 30, 2017 Opinion or Order Filing 203 First MOTION to Clarify recent Notice by Plaintiff Javier Luis. (Luis, Javier)
May 30, 2017 Opinion or Order Filing 202 MOTION for Extension of Time to Complete Discovery New date requested 7/31/2017. by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
May 23, 2017 Opinion or Order Notation ORDER granting #200 Motion for Leave to File objections to the RR. Signed by Judge Susan J. Dlott on 5/23/17. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 22, 2017 Opinion or Order Filing 201 MOTION TO FILE OBJECTION to #196 Report and Recommendations leave to file second amended objections by Plaintiff Javier Luis. (Attachments: #1 memorandum of law, #2 Exhibit exhibits) (Luis, Javier) Modified on 6/12/2017 (jlw).
May 5, 2017 Opinion or Order Filing 200 MOTION for Leave to File first corrected amended objections by Plaintiff Javier Luis. (Attachments: #1 memorandum of law) (Luis, Javier)
May 1, 2017 Opinion or Order Filing 199 OBJECTION to #196 Report and Recommendations motion for leave to file 1st amended objection by Plaintiff Javier Luis. (Attachments: #1 memorandum of law) (Luis, Javier)
April 20, 2017 Opinion or Order Filing 198 ANSWER to #195 Amended Complaint filed by Awareness Technologies, Inc.. (Wharton, Bernard)
April 11, 2017 Opinion or Order Filing 197 OBJECTION to #196 Report and Recommendations by Plaintiff Javier Luis. (Attachments: #1 Exhibit objection to RR1, #2 Exhibit objection to RR2, #3 Exhibit objection to rr3) (Luis, Javier)
March 28, 2017 Opinion or Order Filing 196 REPORT AND RECOMMENDATIONS re #189 Plaintiff's Construed Motion to Further Amend Complaint. IT IS RECOMMENDED THAT Plaintiff's construed motion to further amend his complaint #189 should be GRANTED ONLY IN PART and otherwise should be DENIED. A separate Order has been filed this same day directing the Clerk of Court to file the newly amended complaint, subject to this R&R recommending dismissal of certain claims and parties. Objections to R&R due by 4/11/2017. Signed by Magistrate Judge Stephanie K. Bowman on 3/28/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 28, 2017 Opinion or Order Filing 195 AMENDED COMPLAINT against Awareness Technologies, Inc., filed by Javier Luis. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (km)
March 28, 2017 Opinion or Order Filing 194 ORDER denying as moot #187 Plaintiff's Motion for Leave to File Second Amended Lead Complaint, in light of the "corrected" version of the same motion filed on 2/6/2017 #189 ; granting #189 Plaintiff's Motion to Amend/Correct First Motion for Leave to File a Second Amended Lead Complaint, to the limited extent that it constitutes a "corrected" motion to further amend Plaintiff's Complaint. Consistent with the Report and Recommendation filed this same day, Plaintiff's construed motion to further amend #189 is partially GRANTED. The Clerk shall FILE as an amended complaint the first attachment to Document (Doc. 189-1). The additional documents appended to that tendered amended complaint, (Doc. 189-2, Doc. 189-3, Doc. 189-4), shall be filed as exhibits to the newly amended complaint. In light of the conditional and partial grant of Plaintiff's motion to further amend his complaint reflected herein, and in the Report and Recommendation filed this same day, Defendant Awareness Technologies shall file its Answer to the newly authorized amended complaint as soon as practicable, not later than 4/22/2017. As the claims and parties to this litigation remain essentially the same, all pretrial deadlines included in the Court's Calendar Order of 11/3/2016, including but not limited to the deadlines for completion of fact and expert discovery, shall remain unchanged. Signed by Magistrate Judge Stephanie K. Bowman on 3/28/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 16, 2017 Opinion or Order Filing 193 RESPONSE in Opposition re #187 First MOTION for Leave to File second amended lead complaint, #189 MOTION to Amend/Correct #187 First MOTION for Leave to File second amended lead complaint filed by Defendant Awareness Technologies, Inc.. (Wharton, Bernard)
February 16, 2017 Opinion or Order Filing 192 ORDER denying #191 Plaintiff's Motion for Court Ordered Mediation without prejudice to refiling after the Court rules on any dispositive motions filed by Defendant. Signed by Magistrate Judge Stephanie K. Bowman on 2/16/2017. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 8, 2017 Opinion or Order Filing 191 MOTION for court ordered mediation by Plaintiff Javier Luis. (Luis, Javier)
February 8, 2017 Opinion or Order Filing 190 Objection to Magistrate Judge Orderre #188 Memorandum & Opinion,, Motions for reconsideration by Plaintiff Javier Luis. (Luis, Javier)
February 6, 2017 Opinion or Order Filing 189 MOTION to Amend/Correct #187 First MOTION for Leave to File second amended lead complaint by Plaintiff Javier Luis. (Attachments: #1 corrected amendment, #2 exhibit c, #3 exhibit A, #4 exhibit B) (Luis, Javier)
February 1, 2017 Opinion or Order Filing 188 MEMORANDUM OPINION AND ORDER: Plaintiff's motion for the appointment of counsel, for the appointment of an expert and for miscellaneous relief #182 is DENIED; Plaintiff's motion for extension of time in which to move to further amend his complaint against Awareness and/or to add new parties #185 is DENIED AS MOOT in light of Plaintiff's compliance with the 1/31/17 deadline; Plaintiff's second amended complaint #186 shall be STRICKEN based solely on the referenced procedural error, and shall not be refiled without leave of this Court. Signed by Magistrate Judge Stephanie K. Bowman on 2/1/17. (sct)
February 1, 2017 Opinion or Order Filing 187 First MOTION for Leave to File second amended lead complaint by Plaintiff Javier Luis. (Attachments: #1 proposed amendment) (Luis, Javier)
January 31, 2017 Opinion or Order Filing 186 ****STRICKEN PER #188 MEMORANDUM OPINION AND ORDER**** - AMENDED COMPLAINT againstall Defendants, filed by Javier Luis. (Luis, Javier) Modified to clarify docket text on 2/1/2017 (jlw). Modified docket text on 2/1/2017 (sct).
January 20, 2017 Opinion or Order Filing 185 First MOTION for Extension of Time New date requested 3/1/2017. by Plaintiff Javier Luis. (Luis, Javier)
December 6, 2016 Opinion or Order Filing 184 REPLY to Response to Motion re #182 Second MOTION to Appoint Counsel Second MOTION to Appoint Expert and miscellaneous relief filed by Plaintiff Javier Luis. (Luis, Javier)
November 22, 2016 Opinion or Order Filing 183 RESPONSE to Motion re #182 Second MOTION to Appoint Counsel Second MOTION to Appoint Expert and miscellaneous relief filed by Defendant Awareness Technologies. (Wharton, Bernard)
November 7, 2016 Opinion or Order Filing 182 Second MOTION to Appoint Counsel , Second MOTION to Appoint Expert and miscellaneous relief ( Responses due by 12/1/2016) by Plaintiff Javier Luis. (Attachments: #1 Exhibit warshak and mcveigh, #2 Exhibit EPIC amicus) (Luis, Javier)
November 3, 2016 Opinion or Order Filing 181 CALENDAR ORDER: Deadline to move to amend pleadings and/or add parties set for 1/31/2017. Fact Discovery deadline set for 5/1/2017. Expert discovery deadline set for 11/30/2017. Deadline to identify plaintiff experts and provide reports set for 7/10/2017. Deadline to identify defendant experts and provide reports set for 9/8/2017. Dispositive motion deadline set for 12/29/2017. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. Signed by Magistrate Judge Stephanie K. Bowman on 11/3/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 3, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 11/3/2016. Plaintiff Javier Luis appeared pro se. Attorney Bernard Wharton appeared on behalf of Defendant Awareness Technologies. Calendar Order to follow. (km)
November 1, 2016 Opinion or Order Filing 180 First MOTION to Appoint Counsel , First MOTION to Appoint Expert ( Responses due by 11/25/2016) by Plaintiff Javier Luis. (Attachments: #1 Exhibit, #2 Exhibit) (Luis, Javier)
October 24, 2016 Opinion or Order Filing 179 RULE 26(f) REPORT by Plaintiff Javier Luis, Defendant Awareness Technologies. (Wharton, Bernard) Modified to include plaintiff as filer on 10/25/2016 (eh).
October 18, 2016 Opinion or Order NOTATION ORDER granting #178 Motion to Withdraw as Attorney and to File on Paper by Attorney J. Logan Murphy. Attorney J. Logan Murphy is permitted to withdraw as counsel for Defendants Joseph C Zang, Joseph O Zang, Joseph Zang Custom Builders and Zang General Contractors Inc. Signed by Magistrate Judge Stephanie K. Bowman on 10/18/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 17, 2016 Opinion or Order Filing 178 MOTION to Withdraw as Attorney, and Motion to File on Paper by Attorney J. Logan Murphy. Responses due by 11/10/2016 (Attachments: #1 Text of Proposed Order) (jee) Modified docket text on 10/18/2016 (eh).
October 3, 2016 Opinion or Order Filing 177 NOTICE: Telephone Scheduling Conference set for 11/3/2016 10:00 AM before Magistrate Judge Stephanie K. Bowman. THE PARTIES SHALL SUBMIT A REVISED RULE 26(F) JOINT DISCOVERY PLAN NO LATER THAN 10/28/2016. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 28, 2016 Opinion or Order Filing 176 MANDATE of USCA as to #165 Notice of Appeal: No costs taxed. (er)
August 17, 2016 Opinion or Order Filing 175 USCA OPINION (corrected) re #165 Notice of Appeal. Note: No Mandate details noted. (sct)
August 16, 2016 Opinion or Order Filing 174 USCA OPINION and JUDGMENT as to #165 Notice of Appeal filed by Javier Luis reversing the judgment of the district court and remanding the case for further proceedings consistent with this opinion. Note: Mandate to issue. (sct)
August 5, 2014 Opinion or Order Filing 173 ORDER of USCA as to #160 Notice of Appeal filed by Javier Luis dismissing appeal No. 14-3578. (sct1)
August 1, 2014 Opinion or Order Filing 172 CONSENT ORDER GRANTING SUBSTITUTION OF COUNSEL - Attorney Thomas Patrick Dempsey Doyle for Carla Bergmann added. Attorney Timothy Brian Schenkel terminated. Signed by Magistrate Judge Stephanie K. Bowman on 8/1/2014. (km1)
July 11, 2014 Opinion or Order Filing 171 ORDER granting #169 Plaintiff's Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 7/11/2014. (km1)
July 9, 2014 Opinion or Order Filing 170 DESIGNATION of Record on Appeal by Plaintiff Javier Luis re #165 Notice of Appeal (Luis, Javier)
July 8, 2014 Opinion or Order Filing 169 MOTION for Leave to Appeal in forma pauperis and affidavit in support thereof by Plaintiff Javier Luis. (Attachments: #1 Affidavit in support of motion) (Luis, Javier)
July 2, 2014 Opinion or Order Filing 168 ORDER granting #167 Motion to Withdraw #160 Notice of Appeal. Signed by Chief Judge Susan J. Dlott on 7/1/14. (wam1)
June 26, 2014 Opinion or Order Filing 167 MOTION to Withdraw Notice of appeal [Doc.#160] by Plaintiff Javier Luis. (Attachments: #1 Exhibit filed notice of appeal) (Luis, Javier)
June 25, 2014 Opinion or Order Filing 166 TRANSCRIPT REQUEST to court reporters by Plaintiff Javier Luis. (Attachments: #1 Supplement Note as to ECF filing of Doc.) (Luis, Javier)
June 24, 2014 Opinion or Order USCA Case Number 14-3601 for #165 Notice of Appeal filed by Javier Luis. Case Manager - Robin Duncan. (sct1)
June 24, 2014 Opinion or Order USCA Case Number 14-3601 for 165 Notice of Appeal filed by Javier Luis. Case Manager - Robin Duncan. (sct1)
June 23, 2014 Opinion or Order USCA Case Number 14-3578 for 160 Notice of Appeal filed by Javier Luis. Case Manager Robin Duncan. (jg1)
June 23, 2014 Opinion or Order USCA Case Number 14-3578 for #160 Notice of Appeal filed by Javier Luis. Case Manager Robin Duncan. (jg1)
June 20, 2014 Opinion or Order Filing 165 NOTICE OF APPEAL as to #162 Order Adopting Report and Recommendations, by Plaintiff Javier Luis. (Luis, Javier)
June 20, 2014 Opinion or Order Filing 164 ORDER DENYING #156 MOTION for Leave to Appeal Interlocutory order filed by Javier Luis. Signed by Chief Judge Susan J. Dlott on 6/20/14. (wam1)
June 20, 2014 Opinion or Order Filing 163 CLERK'S JUDGMENT affirming #162 Order. (sct1)
June 20, 2014 Opinion or Order Filing 162 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #109 Report and Recommendations. The motion of Defendant Awareness technologies to dismiss all claims against it #77 is GRANTED. Plaintiff Luis's claims against that defendant alone in Civil Case No. 1:12cv629 is DISMISSED. Signed by Chief Judge Susan J. Dlott on 6/20/14. (sct1)
June 16, 2014 Opinion or Order Filing 161 REPLY to Response to Motion re #156 MOTION for Leave to Appeal Interlocutory order filed by Plaintiff Javier Luis. (Luis, Javier)
June 13, 2014 Opinion or Order Filing 160 NOTICE OF APPEAL by Plaintiff Javier Luis. Appeal Record due by 6/16/2014. (Luis, Javier)
June 11, 2014 Opinion or Order Filing 159 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Javier Luis re #158 Reply to Response to Motion (Luis, Javier)
June 11, 2014 Opinion or Order Filing 158 REPLY to Response to Motion re #156 MOTION for Leave to Appeal Interlocutory order filed by Plaintiff Javier Luis. (Luis, Javier)
June 2, 2014 Opinion or Order Filing 157 RESPONSE in Opposition re #156 MOTION for Leave to Appeal Interlocutory order filed by Defendant Awareness Technologies. (Wharton, Bernard)
May 16, 2014 Opinion or Order Filing 156 MOTION for Leave to Appeal Interlocutory order by Plaintiff Javier Luis. (Luis, Javier)
October 24, 2013 Opinion or Order Filing 155 ORDER rescinding #153 Order to Show Cause. Signed by Chief Judge Susan J. Dlott. (wam1)
October 24, 2013 Opinion or Order Filing 154 Entry of Dismissal with prejudice of defendants JOSEPH O. ZANG, MARY ZANG, JOSEPH ZANG CUSTOM BUILDERS, ZANG GENERAL CONTRACTORS, INC., MARY JILL DONOVAN, MICHAEL McCAFFERTY, MARY JILL DONOVAN, LLC D/B/A DONOVAN LAW, JOSEPH C. ZANG AND JOSEPH ZANG BUILDERS . Signed by Chief Judge Susan J. Dlott. (wam1) Modified docket text on 10/24/2013 (wam1).
October 23, 2013 Opinion or Order Filing 153 ORDER TO SHOW CAUSE. Attorney Andrew Smith has 10 days to respond to this show cause order or his Pro Hac Vice will be REVOKED for failure to communicate with the Court.. Signed by Chief Judge Susan J. Dlott. (wam1)
October 7, 2013 Opinion or Order Filing 152 ORDER by Chief Judge Susan J. Dlott dismissing with prejudice to refiling defendant Carla Bergmann; each party to pay own costs. (vp)
September 6, 2013 Opinion or Order Filing 151 ORDER that plaintiff's motion (Doc. 123) is DENIED. To the extent plaintiff objects to this court's order regarding the taping of the deposition, those objections will be before Judge Dlott. Signed by Magistrate Judge Stephanie K. Bowman on 9/6/13. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
September 5, 2013 Opinion or Order Filing 150 ORDER denying (121) Motion for ADA accommodations in case 1:11-cv-00884-SJD-SKB. The previously scheduled deposition of plaintiff Luis shall proceed on September 9 and 10, 2013 under the terms and conditions previously stated by this Court. The only alteration to those terms is, to the extent that plaintiff is able to arrange for a certified court reporter to provide real-time transcription, at his own expense, without otherwise altering the date, time and location of the scheduled deposition, he may do so. Signed by Magistrate Judge Stephanie K. Bowman on 9/5/13. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
September 4, 2013 Opinion or Order Filing 149 NOTICE to Take Deposition of JAVIER LUIS by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
August 29, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 8/29/2013. Issues: parties appeared at 2:30 for purpose of discussing final issues pertaining to the upcoming deposition of plaintiff Luis. Plaintiff Luis is directed to appear for his deposition as previously scheduled, denying his request for accommodations including not not limited to typed questions and answers. Plaintiff is granted leave to file a formal motion for accommodations not later than 9/3/13 to the extent he wishes reconsideration of this ruling. Defendants are granted leave to videorecord the previously noticed deposition of plaintiff Luis. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
August 28, 2013 Opinion or Order Filing 148 RESPONSE in Opposition re (103 in 1:11-cv-00884-SJD-SKB) MOTION for Leave to File SECOND AMENDED LEAD COMPLAINT filed by Defendants Joseph Zang Custom Builders, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Hall, Gary)
August 26, 2013 Opinion or Order Filing 147 RESPONSE in Opposition re (103 in 1:11-cv-00884-SJD-SKB) MOTION for Leave to File SECOND AMENDED LEAD COMPLAINT filed by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
August 21, 2013 Opinion or Order Filing 146 RESPONSE in Opposition re (103 in 1:11-cv-00884-SJD-SKB) MOTION for Leave to File SECOND AMENDED LEAD COMPLAINT and For Joinder of Claims filed by Defendant Awareness Technologies. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Winters, Ralph)
August 20, 2013 Opinion or Order Filing 145 ORDER that all parties shall appear by phone 8/29/13 @ 2:30 pm for the purpose of discussing any final issues pertaining to the upcoming deposition of Plaintiff Luis and plaintiff's desire to file a third Amended Objection to Order Doc. 101. If counsel wishes to be heard on any other issues, it should be included in a 2-page summary emailed to chambers and not filed. Plaintiff's "Notice" announcing his intention to file a future motion relating to his upcoming deposition (Doc. 115) shall be STRICKEN as procedurally improper. Jennifer Coriell is specifically reminded of her obligation to appear for the phone conference. Counsel to call 1-888-363-4749; access code: 865121; security code: 2010.. Signed by Magistrate Judge Stephanie K. Bowman on 8/20/13. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
August 15, 2013 Opinion or Order Filing 144 ORDER that Plaintiff Luis appear for his deposition on 9/9/13 @ 9:00 a.m. and continued to 9/10/13. Ms. Coriell retains obligated to represent the six plaintiffs in Lead Case 11-884. Counsel may re-file a motion to withdraws not earlier than 9/12/13; counsel must represent her clients up to and including 9/11/13; counsel must file a status report with this Court not later than 9/12/13 that sets forth the status of her representation and the status of the case, including whether any responses to defendant's discovery remain outstanding. To the extent any of the six plaintiffs wish to terminate representation of Ms. Coriell, each plaintiff must obtain new counsel or state his/her intention to proceed pro se on or before 9/17/13. Ms. Coriell shall immediately serve a copy of this order upon each of her six individual clients.. Signed by Magistrate Judge Stephanie K. Bowman on 8/15/13. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
August 14, 2013 Opinion or Order Filing 143 NOTICE to Take Deposition of JAVIER LUIS by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
August 6, 2013 Opinion or Order NOTICE: Informal phone conference regarding previous order of the Court concerning depositions: set for Tues, Aug. 13, 2013 @ 9:30. Call-in information: 1-888-363-4749; access code: 8651321; security code: 2010 Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
August 6, 2013 Opinion or Order NOTICE: Informal phone conference regarding previous order of the Court concerning depositions: set for Tues, Aug. 13, 2013 @ 9:30. Call-in information: 1-888-363-4749; access code: 8651321; security code: 2010 Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
August 1, 2013 Opinion or Order Filing 142 ORDER granting #122 Motion in that plaintiff improperly filed his amended complaint without leave of court; denying #123 Motion to Withdraw as Attorney; finding as moot #141 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 8/1/13. (jl1)
July 17, 2013 Opinion or Order Filing 141 MOTION for Leave to Proceed in forma pauperis by Plaintiff Javier Luis. (Luis, Javier)
July 16, 2013 Opinion or Order Filing 140 RESPONSE in Opposition re (99 in 1:11-cv-00884-SJD-SKB) First MOTION to Amend/Correct (98) MOTION for Protective Order and Motion to Quash Notice of Deposition MOTION to Quash, (95) Notice to Take Deposition filed by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. (Attachments: #1 Affidavit Affidavit of Kimberly A. Pramaggiore In Support) Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
July 5, 2013 Opinion or Order Filing 139 RESPONSE to Motion re (87 in 1:11-cv-00884-SJD-SKB) MOTION to Amend/Correct (86) MOTION to modify re (72) Scheduling Order , (72) Scheduling Order , (86 in 1:11-cv-00884-SJD-SKB) MOTION to modify re (72) Scheduling Order Memorandum in Opposition to Plaintiff's Motions to Modify the Scheduling Order filed by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
July 3, 2013 Opinion or Order Filing 138 NOTICE to Take Deposition of Javier Luis by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
July 1, 2013 Opinion or Order Filing 137 NOTICE by Defendants Joseph Zang Custom Builders, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc. Disclosure of Expert Witnesses Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Hall, Gary)
July 1, 2013 Opinion or Order Filing 136 NOTICE by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty Defendants', Mary Jill Donovan, Michael McCafferty and Donovan Law,Identification of Expert Witnesses Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
June 28, 2013 Opinion or Order Filing 135 RESPONSE in Opposition re (87 in 1:11-cv-00884-SJD-SKB) MOTION to Amend/Correct (86) MOTION to modify re (72) Scheduling Order , (72) Scheduling Order filed by Defendant Carla Bergmann. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Schenkel, Timothy)
June 25, 2013 Opinion or Order Filing 134 RESPONSE in Opposition re (87 in 1:11-cv-00884-SJD-SKB) MOTION to Amend/Correct (86) MOTION to modify re (72) Scheduling Order , (72) Scheduling Order , (86 in 1:11-cv-00884-SJD-SKB) MOTION to modify re (72) Scheduling Order filed by Consol Defendant Awareness Technologies. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Wharton, Bernard)
May 20, 2013 Opinion or Order Filing 133 RESPONSE in Opposition re (123 in 1:12-cv-00629-SJD-SKB) MOTION to Withdraw as Attorney filed by Plaintiffs Beverly R Holbrock, Douglas A Holbrock, Jennifer Holbrock, Zachary M Holbrock, Mary C McDonald, Catherine J Zang. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Roberts, Donald)
May 20, 2013 Opinion or Order Filing 132 RESPONSE in Opposition re (123 in 1:12-cv-00629-SJD-SKB) MOTION to Withdraw as Attorney filed by Plaintiff Susan M Roberts. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Roberts, Donald)
May 20, 2013 Opinion or Order Filing 131 RESPONSE in Opposition re (123 in 1:12-cv-00629-SJD-SKB) MOTION to Withdraw as Attorney filed by ThirdParty Defendant Donald W Roberts. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Roberts, Donald)
May 17, 2013 Opinion or Order Filing 130 ANSWER to #121 Amended Complaint filed by Mary Jill Donovan, Donovan Law, Michael McCaferty. (Pramaggiore, Kimberly)
May 15, 2013 Opinion or Order Filing 129 ANSWER to #121 Amended Complaint filed by Joseph Zang Custom Builders, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. (Hall, Gary)
May 14, 2013 Opinion or Order Filing 128 RESPONSE to Motion re #122 MOTION Motion to Strike Plaintiff's First Amended Lead Complaint filed by Plaintiff Javier Luis. (Luis, Javier)
May 10, 2013 Opinion or Order Filing 127 RESPONSE in Opposition re (123 in 1:12-cv-00629-SJD-SKB, 76 in 1:11-cv-00884-SJD-SKB) MOTION to Withdraw as Attorney filed by Defendants Joseph O. Zang, Mary Zang. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Hall, Gary)
May 9, 2013 Opinion or Order Filing 126 RESPONSE in Opposition re (123 in 1:12-cv-00629-SJD-SKB, 76 in 1:11-cv-00884-SJD-SKB) MOTION to Withdraw as Attorney filed by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
May 9, 2013 Opinion or Order Filing 125 [FILED IN ERROR] REPLY to Response to Motion re (123 in 1:12-cv-00629-SJD-SKB) MOTION to Withdraw as Attorney filed by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly) Modified on 5/9/2013 (lk).
May 9, 2013 Opinion or Order Notice of Correction re:(125 in 1:12-cv-00629-SJD-SKB) Reply to Response to Motion: Document was inadvertently filed under the incorrect event. Document will be refiled under the correct event Response in Opposition to Motion. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (lk)
May 8, 2013 Opinion or Order Filing 124 ORDER granting #111 Motion for Leave to Appear Pro Hac Vice of Andrew M. Smith. Signed by Chief Judge Susan J. Dlott. (wam1)
May 6, 2013 Opinion or Order Filing 123 MOTION to withdraw as attorney by Plaintiff Catherine J Zang. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (rew)
May 2, 2013 Opinion or Order Filing 122 MOTION Motion to Strike Plaintiff's First Amended Lead Complaint by Defendant Awareness Technologies. (Wharton, Bernard)
May 1, 2013 Opinion or Order Filing 121 AMENDED COMPLAINT against All Defendants, filed by Javier Luis. (Luis, Javier) Modified to clarify docket text on 5/2/2013 (jlw).
April 19, 2013 Opinion or Order Filing 120 Response re #118 Amended Document Plaintiff's Amended Objections by Defendant Awareness Technologies. (Winters, Ralph)
April 9, 2013 Opinion or Order Filing 119 ORDER by Chief Judge Susan J. Dlott denying as moot #114 Motion for Extension of Time. (vp)
April 8, 2013 Opinion or Order Filing 118 AMENDED DOCUMENT by Plaintiff Javier Luis. Amendment to #116 Objection (non motion) to Report and recommendation Doc #109. (Attachments: #1 Exhibit Amended Objection exhibits) (Luis, Javier)
April 5, 2013 Opinion or Order Filing 117 Response re #116 Objection (non motion), #109 REPORT AND RECOMMENDATIONS re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT filed by Awareness Technologies by Defendant Awareness Technologies. (Winters, Ralph)
March 22, 2013 Opinion or Order Filing 116 Objection re #109 REPORT AND RECOMMENDATIONS re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT filed by Awareness Technologies by Plaintiff Javier Luis. (Luis, Javier)
March 19, 2013 Opinion or Order Filing 115 NOTICE by Plaintiff Javier Luis Notice of Correction and Clarification Re Doc # 114 (Luis, Javier)
March 19, 2013 Opinion or Order Filing 114 MOTION for Extension of Time New date requested 4/5/2013. Motion for extension of time to file objections to the R&R [Doc. 109] by Plaintiff Javier Luis. (Luis, Javier)
March 5, 2013 Opinion or Order Filing 113 NOTICE OF WITHDRAWAL OF DOCUMENT by Movants James E Arnold, James E. Arnold & Associates, Scott J Stitt, James E Arnold, James E. Arnold & Associates, Scott J Stitt re (52 in 1:11-cv-00884-SJD-SKB, 52 in 1:11-cv-00884-SJD-SKB, 104 in 1:12-cv-00629-SJD-SKB, 104 in 1:12-cv-00629-SJD-SKB) MOTION to Withdraw as Attorney and Motion to Submit a Memorandum in Support and Accompanying Affidavit In Camera and Under Seal as Moot Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Stitt, Scott)
March 5, 2013 Opinion or Order Filing 112 NOTICE by Defendants Joe Zang Custom Builders, Joseph Zang Builders, Joseph Zang Custom Builders, Joseph C. Zang, Joseph Zang Custom Builders, Consol Defendants Joseph Zang Builders, Joseph C. Zang of Substitution of Counsel Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Stitt, Scott)
March 5, 2013 Opinion or Order Filing 111 MOTION for Leave to Appear Pro Hac Vice of Andrew M. Smith Motion for Admission Pro Hac Vice (Filing fee $ 200, receipt number 0648-4008172) by Defendants Joseph Zang Builders, Joseph Zang Custom Builders, Joseph C. Zang, Joseph Zang Custom Builders, Consol Defendants Joseph Zang Builders, Joseph C. Zang. (Attachments: #1 Exhibit Certificate of Good Standing) Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Ashdown, Charles)
March 5, 2013 Opinion or Order Filing 110 ORDER ADOPTING Report and Recommendation (Doc 46 in Case 1:11-CV-884). Accordingly, Plaintiff's #23 Motion to remand is DENIED as MOOT; Defendants' #43 and #44 Motions to Dismiss or Transfer are GRANTED as reflected in the prior order of U.S. District Judge Hernandez #63 . To the extent that full relief was not previously granted, the motions will be DENIED as moot. The #68 Motion of Defendant Awareness Technologies to dismiss Plaintiff's original complaint is DENIED as moot. Signed by Chief Judge Susan J. Dlott on 3/5/13. (mtw)
March 5, 2013 Opinion or Order Filing 109 REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED THAT the #77 Motion of Defendant Awareness Technologies to dismiss all claims against it should be GRANTED. Plaintiff Luis's claims against that Defendant alone in Civil Case No. 1:12-cv-629 should be dismissed. Objections to R&R due by 3/22/2013. Signed by Magistrate Judge Stephanie K. Bowman on 3/5/13. (mtw) Modified on 4/2/2014 (km1).
March 4, 2013 Opinion or Order Filing 108 NOTICE by Movants Hill Ward Henderson, Hill Ward Henderson, Lara Tibbals, Lara Tibbals of Withdrawal as Co-Counsel Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Arnold, James)
March 1, 2013 Opinion or Order Filing 107 Rule 26 Initial Disclosures by ThirdParty Defendant Donald W Roberts. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Roberts, Donald) Modified to clarify docket text on 3/4/2013 (mtw).
March 1, 2013 Opinion or Order Filing 106 NOTICE by Defendants Joseph O. Zang, Mary Zang, Zang General Contractors, Inc. Notice of Service of Defendants Joseph O. Zang, Mary Zang, and Zang General Contractors Inc.'s Initial Disclosures (Ashdown, Charles)
March 1, 2013 Opinion or Order Filing 105 NOTICE by Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty, Mary Jill Donovan, Donovan Law, Michael McCafferty of Service of Initial Disclosures Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Pramaggiore, Kimberly)
February 26, 2013 Opinion or Order Filing 104 MOTION to Withdraw as Attorney, MOTION to Submit a Memorandum in Support and Accompanying Affidavit In Camera and Under Seal by Movants James E Arnold, James E Arnold, James E. Arnold & Associates, James E. Arnold & Associates, Scott J Stitt, Scott J Stitt. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Stitt, Scott). Added MOTION on 2/27/2013 (lk).
February 25, 2013 Opinion or Order Notice of Correction re [FORMER DOC. 103] Mail Returned: Document was removed because it was referenced to and filed in the incorrect case. Document will be refiled in the correct case. (lk)
February 22, 2013 Opinion or Order Filing 103 [FORMER DOC. 103] Certified Mail re #7 Report and Recommendations sent to Cynthia Lewis was returned as unclaimed/unable to forward/return to sender. (lk) Modified to remove PDF on 2/25/2013 (lk).
February 20, 2013 Opinion or Order NOTICE: Telephone Conference set for 3/1/2013 11:00 AM before Magistrate Judge Stephanie K. Bowman to confirm calendar. Counsel and pro se party to call 1-888-363-4749; access code 8651321; security code 2010 Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1)
January 31, 2013 Opinion or Order Filing 102 NOTICE by Defendant Awareness Technologies of Substitution of Counsel Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (Winters, Ralph)
January 31, 2013 Opinion or Order Filing 101 AMENDED ORDER OF CONSOLIDATION. Signed by Magistrate Judge Stephanie K. Bowman on 1/31/13. (mtw)
January 29, 2013 Opinion or Order MOTIONS REFERRED: #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT, #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue, #43 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative, for Transfer of Venue, #23 MOTION to remand and quash consent to join removal, #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (sct1)
January 29, 2013 Opinion or Order Notice of Correction re [FORMER DOCUMENT 100] Objection to Report and Recommendations: Document filed in error in this case. Removed by Clerk and filed in lead case 1:11-cv-884 pursuant to #98 Order. (mtw)
January 29, 2013 Opinion or Order Notice of Correction re [FORMER DOCUMENT 100] Objection to Report and Recommendations: Document filed in error in this case. Removed by Clerk and filed in lead case 1:11-cv-884 pursuant to 98 Order. (mtw)
January 29, 2013 Opinion or Order MOTIONS REFERRED: 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT, 44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue, 43 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative, for Transfer of Venue, 23 MOTION to remand and quash consent to join removal, 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (sct1)
January 28, 2013 Opinion or Order Filing 100 [FORMER DOCUMENT 100] Objection to Report and Recommendation by Plaintiff Javier Luis. (Luis, Javier) Modified to remove pdf on 1/29/2013 (mtw).
January 16, 2013 Opinion or Order NOTICE of Deadline: Rule 26 Meeting Report due by 2/15/2013 with companion case 1:11cv884. (jl1)
January 15, 2013 Opinion or Order Filing 99 ORDER in case 1:11-cv-00884-SJD-SKB; granting (Doc. 97 in Case 1:12cv629) Motion for Leave to File Surreply. Plaintiff's surreply (Doc. 97, Ex. 1 in Case 1:12cv629) is hereby ACCEPTED AS FILED. Signed by Magistrate Judge Stephanie K. Bowman on 1/15/13. Associated Cases: 1:11-cv-00884-SJD-SKB, 1:12-cv-00629-SJD-SKB (jl1) Modified on 1/15/2013 (jl1).
November 15, 2012 Opinion or Order Filing 98 ORDER granting #92 Motion to Consolidate Cases 1:11cv884 and 1:12cv629, with all future filings being docketed in 1:11cv884. Signed by Magistrate Judge Stephanie K. Bowman on 11/15/12. (jl1)
November 5, 2012 Opinion or Order Filing 97 MOTION for Leave to File Sur-Reply by Plaintiff Javier Luis. (Attachments: #1 Sur-Reply) (Luis, Javier)
October 29, 2012 Opinion or Order Filing 96 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Javier Luis re #89 MOTION for Extension of Time New date requested 10/27/2012., #81 MOTION to Clarify MOTION for Extension of Time New date requested 11/26/2012. (Luis, Javier)
October 25, 2012 Opinion or Order Filing 95 REPLY to Response to Motion re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT filed by Defendant Awareness Technologies. (Hoffman, Craig)
October 22, 2012 Opinion or Order Filing 94 ORDER granting #73 Motion leave to register, electronically submit and view documents in this case.. Signed by Magistrate Judge Stephanie K. Bowman on 10/22/12. (jl1)
October 18, 2012 Opinion or Order Filing 93 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Stephanie K. Bowman for all further proceedings. Magistrate Judge Karen L. Litkovitz no longer assigned to case. Signed by Magistrate Judge Karen L. Litkovitz on 10/17/2012. (jlw)
October 12, 2012 Opinion or Order Filing 92 MOTION to Consolidate Cases by Defendants Carla Bergmann, Mary Jill Donovan, Donovan Law, Joe Zang Custom Builders, Joseph Zang Builders, Joseph Zang Custom Builders, Michael McCaferty, Bergmann Joseph Zang, Joseph Zang, Joseph C. Zang, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. (Pramaggiore, Kimberly)
October 12, 2012 Opinion or Order Filing 91 RESPONSE in Opposition re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT filed by Plaintiff Javier Luis. (jlw) (Additional attachment(s) added on 10/12/2012: #1 Exhibit) (jlw).
October 12, 2012 Opinion or Order Notice of Correction re: #91 Response in Opposition to Motion Exhibits were attached after the document was filed. (jlw)
October 12, 2012 Opinion or Order Notice of Correction re: 91 Response in Opposition to Motion Exhibits were attached after the document was filed. (jlw)
September 28, 2012 Opinion or Order Filing 90 NOTICE of Filing Exhibits to Response to #76 Defendant's Motion to Dismiss by Plaintiff Javier Luis. (jlw)
September 28, 2012 Opinion or Order Filing 89 MOTION for Extension of Time to Serve Process on any un-served defendants in lead case by Plaintiff Javier Luis. (jlw)
September 27, 2012 Opinion or Order Filing 88 NOTICE of Appearance by Jerome Francis Rolfes for Defendants Joseph O. Zang, Mary Zang (Rolfes, Jerome)
September 26, 2012 Opinion or Order Filing 87 Corporate Disclosure Statement by Defendant Donovan Law. (Pramaggiore, Kimberly)
September 26, 2012 Opinion or Order Filing 86 Corporate Disclosure Statement by Defendant Zang General Contractors, Inc.. (Ashdown, Charles)
September 25, 2012 Opinion or Order Filing 85 ANSWER to #39 Amended Complaint, filed by Joseph Zang Builders, Joseph C. Zang. (Stitt, Scott)
September 25, 2012 Opinion or Order Filing 84 ANSWER to #39 Amended Complaint, filed by Joseph Zang Custom Builders, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. (Ashdown, Charles)
September 25, 2012 Opinion or Order Filing 83 ANSWER to #39 Amended Complaint, filed by Mary Jill Donovan, Donovan Law, Michael McCaferty. (Pramaggiore, Kimberly)
September 24, 2012 Opinion or Order Filing 82 NOTICE of Filing Exhibits re #76 Response in Opposition to Motion by Plaintiff Javier Luis. (Attachments: #1 Exhibits A-F) (sct1)
September 24, 2012 Opinion or Order Filing 81 MOTION to Clarify Status of Summons, MOTION for Extension of Time of 60 Days to Serve Process by Plaintiff Javier Luis. (sct1)
September 24, 2012 Opinion or Order Filing 80 ANSWER to #39 Amended Complaint, filed by Carla Bergmann. (Schenkel, Timothy)
September 24, 2012 Opinion or Order Filing 79 NOTICE to pro se plaintiff regarding filing a response to defendant's #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT. (art)
September 21, 2012 Opinion or Order Filing 78 NOTICE of Appearance by Gary Lee Hall for Defendants Joseph O. Zang, Mary Zang (Hall, Gary)
September 21, 2012 Opinion or Order Filing 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF THE JULY 20, 2012 LEAD AMENDED COMPLAINT by Defendant Awareness Technologies. (Attachments: #1 Affidavit of Brad Miller) (Hoffman, Craig)
September 19, 2012 Opinion or Order Filing 76 RESPONSE in Opposition re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Javier Luis. (jlw)
September 13, 2012 Opinion or Order Filing 75 ORDER of substitution of counsel, Attorney Timothy Brian Schenkel for Carla Bergmann added. Attorney Paul U. Chistolini and Bryen N. Hill terminated.. Signed by Chief Judge Susan J. Dlott on 9/11/12. (wam1)
September 7, 2012 Opinion or Order Filing 74 RESPONSE in Opposition re #72 Joint MOTION for Extension of Time to File Answer New date requested 9/25/2012. filed by Plaintiff Javier Luis. (jlw)
August 31, 2012 Opinion or Order Filing 73 Unopposed MOTION for Leave to File and Receive Documents Electronically by Plaintiff Javier Luis. (eh1)
August 31, 2012 Opinion or Order Filing 72 Joint MOTION for Extension of Time to File Answer New date requested 9/25/2012. by Defendants Carla Bergmann, Mary Jill Donovan, Donovan Law, Joseph Zang Builders, Joseph Zang Custom Builders, Michael McCaferty, Joseph C. Zang, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. (Ashdown, Charles)
August 30, 2012 Opinion or Order Filing 71 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:11-cv-884 ARE related. Case reassigned to Chief Judge Susan J. Dlott for all further proceedings. Signed by Chief Judge Susan J. Dlott and Herman J. Weber on 8/30/12. (lk)
August 30, 2012 Opinion or Order Filing 70 NOTICE of Appearance by Charles Coster Ashdown for Defendants Joseph O. Zang, Mary Zang, Zang General Contractors, Inc. (Ashdown, Charles)
August 29, 2012 Opinion or Order Filing 69 NOTICE to Pro se plaintiff regarding filing a response to defendant's #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (art)
August 28, 2012 Opinion or Order Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Awareness Technologies. (Attachments: #1 Affidavit of Brad Miller) (Hoffman, Craig)
August 28, 2012 Opinion or Order Filing 67 NOTICE of Appearance by Craig A Hoffman for Defendant Awareness Technologies (Hoffman, Craig)
August 24, 2012 Opinion or Order Filing 66 NOTICE of Appearance by Kimberly A Pramaggiore for Defendants Mary Jill Donovan, Donovan Law, Michael McCaferty (Pramaggiore, Kimberly)
August 21, 2012 Opinion or Order Filing 65 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants Joseph Zang Custom Builders, Joseph C. Zang, Zang General Contractors, Inc. re #55 MOTION to stay discovery (Stitt, Scott)
August 21, 2012 Opinion or Order Filing 64 Case transferred in from District of Florida Middle; Case Number 8:12-cv-00500. Original file electronic copy of transfer order and docket sheet received.
August 21, 2012 Opinion or Order Judge Herman J. Weber and Magistrate Judge Karen L. Litkovitz added. (mtw)
August 20, 2012 Opinion or Order Filing 63 ORDER: Defendant Zang General Contractors, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue #43 and Defendants Joseph Zang's and Joseph Zang Custom Builders' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue #44 are GRANTED to the extent that the Court transfers this case to the United States District Court for the Southern District of Ohio. The Clerk is directed to effect transfer as outlined above and, thereafter, to close this case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/20/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
August 17, 2012 Opinion or Order Filing 62 WAIVER OF SERVICE returned executed on August 16, 2012 by Carla Bergmann as to Carla Bergmann. (Chistolini, Paul) [Transferred from Florida Middle on 8/21/2012.]
August 14, 2012 Opinion or Order Filing 61 ENDORSED ORDER. This matter comes before the Court sua sponte. The Court allows out of town counsel and parties to appear by telephone. If any party or counsel located outside of Tampa wishes to participate by telephone, please contact Courtroom Deputy, Lisa Bingham at 813-301-5348 by August 22, 2012, to obtain the telephone conference contact information. Signed by Judge Virginia M. Hernandez Covington on 8/14/2012. (LYB) [Transferred from Florida Middle on 8/21/2012.]
August 9, 2012 Opinion or Order Filing 60 ORDER granting #59 motion to appear pro hac vice. Signed by Magistrate Judge Anthony E. Porcelli on 8/9/2012. (MH) [Transferred from Florida Middle on 8/21/2012.]
August 6, 2012 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Scott J. Stitt appearing on behalf of Joseph Zang Custom Builders, Joseph C. Zang (Filing fee $10 receipt number TPA12583.) (JNB) [Transferred from Florida Middle on 8/21/2012.]
August 6, 2012 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Scott J. Stitt appearing on behalf of Joseph Zang Custom Builders, Joseph C. Zang (Filing fee $10 receipt number TPA12583.) (JNB) [Transferred from Florida Middle on 8/21/2012.]
August 6, 2012 Opinion or Order Filing 59 Unopposed MOTION for Scott J. Stitt to appear pro hac vice by Joseph Zang Custom Builders, Joseph C. Zang. (Tibbals, Lara) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 8/21/2012.]
August 3, 2012 Opinion or Order Filing 58 RESPONSE in opposition re #55 MOTION to stay discovery filed by Javier Luis. (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
August 3, 2012 Opinion or Order Filing 57 Summons issued for AMENDED Complaint(39) as to Awareness Technologies, Carla Bergmann, Mary Jill Donovan, Donovan Law, Joseph Zang Builders, Joseph Zang Custom Builders, Michael McCaferty, Joseph C. Zang, Joseph O. Zang, Mary Zang, Zang General Contractors, Inc.. (JMS) [Transferred from Florida Middle on 8/21/2012.]
August 3, 2012 Opinion or Order Filing 56 NOTICE of Hearing on Motion #55 MOTION to stay discovery: Motion Hearing set for 8/24/2012 at 1:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LYB) [Transferred from Florida Middle on 8/21/2012.]
August 2, 2012 Opinion or Order Filing 55 MOTION to stay discovery by Joseph Zang Custom Builders, Joseph C. Zang, Zang General Contractors, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Tibbals, Lara) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 54 WAIVER OF SERVICE returned executed on 7/20/12 by Javier Luis as to Zang General Contractors, Inc.. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 53 RETURN of service executed on 7/11/12 by Javier Luis as to Joseph Zang Custom Builders. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 52 RETURN of service executed on 7/11/12 by Javier Luis as to Joseph C. Zang. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 51 RETURN of service executed on 7/9/12 by Javier Luis as to Carla Bergmann. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 50 RETURN of service unexecuted by Javier Luis as to Joseph O. Zang. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 49 RETURN of service unexecuted by Javier Luis as to Mary Zang. (JMS) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 48 RETURN of service unexecuted by Javier Luis as to Joseph Zang Builders. (JMS) Modified on 8/1/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 47 AFFIDAVIT of Joseph C. Zang re: #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue MOTION to change venue by Joseph Zang Custom Builders, Joseph C. Zang. (Tibbals, Lara) [Transferred from Florida Middle on 8/21/2012.]
July 31, 2012 Opinion or Order Filing 46 NOTICE of Hearing on Motion #43 MOTION to Dismiss for Lack of Jurisdiction, #23 MOTION to remand, #44 MOTION to Dismiss for Lack of Jurisdiction: Motion Hearing set for 8/24/2012 at 1:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LYB) [Transferred from Florida Middle on 8/21/2012.]
July 30, 2012 Opinion or Order Filing 45 RESPONSE in opposition re #23 MOTION to remand and quash consent to join removal filed by Joseph Zang Custom Builders, Joseph C. Zang, Zang General Contractors, Inc.. (Tibbals, Lara) [Transferred from Florida Middle on 8/21/2012.]
July 30, 2012 Opinion or Order Filing 44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, MOTION for Transfer of Venue by Joseph Zang Custom Builders, Joseph C. Zang. (Attachments: #1 Exhibit A)(Tibbals, Lara) . Added MOTION to change venue on 7/31/2012 (RVB). [Transferred from Florida Middle on 8/21/2012.]
July 30, 2012 Opinion or Order Filing 43 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative, MOTION for Transfer of Venue by Zang General Contractors, Inc. (Tibbals, Lara) . Added MOTION to change venue on 7/31/2012 (RVB). [Transferred from Florida Middle on 8/21/2012.]
July 23, 2012 Opinion or Order Filing 42 ENDORSED ORDER: So that the Marshals are able to effect service of the Amended Complaint #39 on Defendants, Plaintiff is directed to complete and mail or hand deliver to the Clerk's Office the following for each Defendant named in the Amended Complaint by August 3, 2012: five copies of the USM 285 form, one summons, and one copy of the Amended Complaint #39 . As Plaintiff is proceeding in forma pauperis, the Marshals are directed to effect service of the Amended Complaint on Defendants once Plaintiff furnishes the appropriate materials to the Clerk's Office, as designated above. Signed by Judge Virginia M. Hernandez Covington on 7/23/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
July 23, 2012 Opinion or Order Filing 41 ENDORSED ORDER: On July 20, 2012, Plaintiff filed his Amended Complaint #39 . Accordingly, Defendants' Motions to Dismiss #24 and #33 , based on allegations contained in a prior version of the complaint, are denied without prejudice as moot. Defendants are free to reassert their arguments in responding to the allegations of the Amended Complaint #39 . Signed by Judge Virginia M. Hernandez Covington on 7/23/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
July 23, 2012 Opinion or Order Filing 40 ENDORSED ORDER: Plaintiff filed his Motion to Remand and Quash Consent to Join in Removal #23 on July 11, 2012, and Defendant Carla Bergmann filed her response to the Motion #37 on July 16, 2012. Her response is timely filed. Accordingly, the Court denies Plaintiff's Motion to Strike Unauthorized Response #38 , in which Plaintiff challenges the timeliness of Bergmann's filing. Signed by Judge Virginia M. Hernandez Covington on 7/23/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
July 20, 2012 Opinion or Order Filing 39 AMENDED COMPLAINT LEAD COMPLAINT against All Defendants with Jury Demand filed by Javier Luis. Related document: #1 Complaint filed by Javier Luis, #14 Amended complaint filed by Javier Luis.(Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
July 18, 2012 Opinion or Order Filing 38 MOTION to strike #37 Response in opposition to motion to remnd and quash consent to join removal by Javier Luis. (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 37 RESPONSE in opposition re #23 MOTION to remand and quash consent to join removal filed by Carla Bergmann. (Chistolini, Paul) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 36 ENDORSED ORDER: On June 28, 2012, this Court entered an Order consolidating this case with case 8:12-cv-954, terminating case 8:12-cv-954, designating the present case (8:12-cv-500) the lead case, and giving counsel until July 16, 2012, to re-file any motions that were pending in case 8:12-cv-954 in the lead case. Thereafter, the Court entered an order directing Plaintiff to file an amended complaint by July 20, 2012, encompassing each cause of action Plaintiff wishes to pursue against each Defendant Plaintiff wishes to sue. #22 . At this juncture, the Court abolishes the previously selected deadline of July 16, 2012, for re-filing motions filed in case 8:12-cv-954 because some of the Defendants who filed motions in the previous case (8:12-cv-954) have not yet been named as Defendants in the lead case, and/or have not yet been served in the lead case. Rather than re-filing the motions at this juncture, counsel for Defendants should wait until service has been effected to file appropriate motions. Signed by Judge Virginia M. Hernandez Covington on 7/16/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 35 Corporate Disclosure Statement by Zang General Contractors, Inc.. (Tibbals, Lara) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 34 DECLARATION of Joseph O. Zang re #33 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue by Zang General Contractors, Inc.. (Tibbals, Lara) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 33 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue by Zang General Contractors, Inc.. (Attachments: #1 Exhibit)(Tibbals, Lara) [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 32 **TERMINATED; ATTORNEY NOTIFIED THAT BOTH DEFENDANTS ON MOTION WERE TERMINATED EFFECTIVE 6/13/2012 THAT AFFIDAVIT LINKS TO** AFFIDAVIT of Joseph C. Zang re: #31 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, In the Alternative, for Transfer of Venue by Joe Zang Custom Builders, Joseph Zang. (Tibbals, Lara) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 31 **TERMINATED; ATTORNEY NOTIFIED THAT BOTH DEFENDANTS ON MOTION WERE TERMINATED EFFECTIVE 6/13/2012** MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or, In the Alternative, for Transfer of Venue by Joe Zang Custom Builders, Joseph Zang. (Attachments: #1 Exhibit)(Tibbals, Lara) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 30 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE AS AN AFFIDAVIT ONCE MOTION IS FILED** NOTICE by Joe Zang Custom Builders, Joseph Zang re #29 Notice (Other) of re-filing Affidavit of Joseph C. Zang in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Murphy, Joseph) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 29 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE AS A MOTION FOR MOTION TO BE CONSIDERED** NOTICE by Joe Zang Custom Builders, Joseph Zang of re-filing Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, or Transfer of Venue (Attachments: #1 Exhibit A)(Murphy, Joseph) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 28 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE WITH CORRECT CASE INFORMATION** Corporate Disclosure Statement by Zang General Contractors, Inc.. (Murphy, Joseph) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 27 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE AS A DECLARATION ONCE MOTION IS FILED** NOTICE by Zang General Contractors, Inc. re #26 Notice (Other) of re-filing Declaration of Joseph O. Zang in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Murphy, Joseph) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 16, 2012 Opinion or Order Filing 26 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE AS A MOTION FOR MOTION TO BE CONSIDERED** NOTICE by Zang General Contractors, Inc. of re-filing Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, or for Transfer of Venue (Murphy, Joseph) Modified on 7/16/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
July 13, 2012 Opinion or Order Filing 25 RESPONSE to motion re #23 MOTION to remand and quash consent to join removal re-filed in Lead Case filed by Mary Jill Donovan, Donovan Law, Michael McCaferty. (Hall, Kenneth) [Transferred from Florida Middle on 8/21/2012.]
July 13, 2012 Opinion or Order Filing 24 MOTION to Dismiss for Lack of Jurisdiction re-filed in Lead Case by Mary Jill Donovan, Donovan Law, Michael McCaferty. (Hall, Kenneth) [Transferred from Florida Middle on 8/21/2012.]
July 11, 2012 Opinion or Order Filing 23 MOTION to remand and quash consent to join removal by Javier Luis. (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
July 5, 2012 Opinion or Order Filing 22 ORDER: Plaintiff is directed to file the Controlling Complaint by July 20, 2012. Plaintiff's Motion for Leave to Consolidate Pending Motions in Previous Case #20 is GRANTED. Plaintiff's Motion for Extension of Time to Serve Process on All Un-Served Defendants in Lead Case #21 is GRANTED. Signed by Judge Virginia M. Hernandez Covington on 7/5/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
July 2, 2012 Opinion or Order Filing 21 MOTION to extend time to allow Marshalls to perfect service on defendants by Javier Luis. (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
July 2, 2012 Opinion or Order Filing 20 MOTION for leave to file consolidated motion by Javier Luis. (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
July 1, 2012 Opinion or Order Filing 19 **TERMINATED; PLAINTIFF WILL RE-FILE WITH CORRECT CASE HEADER** MOTION for leave to file consolidated motion by Javier Luis. (Luis, Javier) Modified on 7/2/2012 (RFK). [Transferred from Florida Middle on 8/21/2012.]
June 29, 2012 Opinion or Order Filing 18 NOTICE of Appearance by Joseph L. Murphy on behalf of Joseph Zang Custom Builders, Joseph C. Zang, Zang General Contractors, Inc. (Murphy, Joseph) [Transferred from Florida Middle on 8/21/2012.]
June 28, 2012 Opinion or Order Filing 17 ORDER: The Clerk is directed to CONSOLIDATE case 8:12-cv-500-T-33AEP and case 8:12-cv-954-T-33TGW for all further proceedings. This action shall proceed under the Lead Case of 8:12-cv-500-T-33AEP, and all future pleadings shall be filed in that case. Case 8:12-cv-954-T-33TGW is administratively closed. The parties may re-file in the Lead Case any motions that are currently pending in case 8:12-cv-954-T-33TGW by July 16, 2012. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/28/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
June 25, 2012 Opinion or Order Filing 16 NOTICE of pendency of related cases re 11 Order on motion for extension of time to file, 15 Order, #13 Order directing compliance per Local Rule 1.04(d) by Javier Luis. Related case(s): yes (Luis, Javier) [Transferred from Florida Middle on 8/21/2012.]
June 20, 2012 Opinion or Order Filing 15 ENDORSED ORDER: The Clerk is directed to furnish Plaintiff's service packets to the U.S. Marshal's Office for service on Defendants. Signed by Judge Virginia M. Hernandez Covington on 6/20/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
June 20, 2012 Opinion or Order Filing 14 AMENDED COMPLAINT against Awareness Technologies, Carla Bergmann, Mary Jill Donovan, Donovan Law, Joseph Zang Builders, Joseph Zang Custom Builders, Michael McCaferty, Joseph C. Zang, Mary Zang, Joseph O. Zang with Jury Demand terminating Bergmann Joseph Zang filed by Javier Luis. Related document: #1 Complaint filed by Javier Luis.(RFK) [Transferred from Florida Middle on 8/21/2012.]
June 18, 2012 Opinion or Order Filing 13 ORDER: Plaintiff is directed to comply with the Court's April 17, 2012 Order #5 by June 22, 2012. The Clerk is directed to return to Plaintiff the service packets that do not correspond to any Defendant named in the Amended Complaint. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/18/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
June 13, 2012 Opinion or Order Filing 12 AMENDED COMPLAINT against Mary Jill Donovan, Donovan Law, Michael McCaferty, Zang General Contractors, Inc., Joseph C. Zang, Bergmann Joseph Zang, Joseph Zang Builders, Joseph Zang Custom Builders, Mary Zang, Awareness Technologies with Jury Demand terminating Joseph Zang, Carla Bergmann and Joe Zang Custom Builders filed by Javier Luis. Related document: #1 Complaint filed by Javier Luis.(RFK) [Transferred from Florida Middle on 8/21/2012.]
June 12, 2012 Opinion or Order Mail returned as Undeliverable re: 11 Order on motion for extension of time to file. No forwarding address; Unable to Forward as to Javier Luis. **Clerk's office notes that Javier Luis was served 11 Order via email @ jdluis65@gmail.com (RFK) [Transferred from Florida Middle on 8/21/2012.]
June 12, 2012 Opinion or Order Mail returned as Undeliverable re: 11 Order on motion for extension of time to file. No forwarding address; Unable to Forward as to Javier Luis. **Clerk's office notes that Javier Luis was served 11 Order via email @ jdluis65@gmail.com (RFK) [Transferred from Florida Middle on 8/21/2012.]
June 5, 2012 Opinion or Order Filing 11 ENDORSED ORDER: The Court grants Plaintiff's Motion for Emergency Extension and Change in Status or Dismissal Without Prejudice #10 only to the extent that the Court extends the deadline to June 13, 2012, for Plaintiff to submit hard copies of the following documents to the Court as to each Defendant: (1) a copy of the Complaint; (2) two copies of the Notice of Lawsuit and Request for Waiver of Service of Summons; (3) two copies of the Waiver of Service Summons; (4) one copy of the Summons; (5) one copy of the Marshal's form (Form 285); and (6) one copy of the Order granting IFP status #5 . Although Plaintiff has been granted permission to file documents electronically, certain documents, such as those listed above, must be submitted as hard copies. In addition, the Court declines to strike or otherwise conceal Plaintiff's IFP status. Plaintiff's IFP status is a matter of public record. Signed by Judge Virginia M. Hernandez Covington on 6/5/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
June 4, 2012 Opinion or Order Filing 10 EMERGENCY MOTION for extension of time to file document and change in status or dismissal without prejudice by Javier Luis. (JLH) [Transferred from Florida Middle on 8/21/2012.]
May 16, 2012 Opinion or Order Filing 9 ENDORSED ORDER granting #6 Plaintiff's Motion for Extension of Time. Plaintiff has until and including June 1, 2012, to comply with paragraph 2 of the Court's April 17, 2012, Order #5 . Signed by Judge Virginia M. Hernandez Covington on 5/16/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
May 16, 2012 Opinion or Order Filing 8 ORDER: Plaintiff's Request for Permission to File Documents Electronically #7 is GRANTED. The Clerk is directed to issue Plaintiff a CM/ECF account. Signed by Judge Virginia M. Hernandez Covington on 5/16/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]
May 15, 2012 Opinion or Order Filing 7 MOTION to file electronically by Javier Luis. (JMS) [Transferred from Florida Middle on 8/21/2012.]
May 15, 2012 Opinion or Order Filing 6 MOTION to extend time to file required forms and documents by Javier Luis. (JMS) [Transferred from Florida Middle on 8/21/2012.]
April 17, 2012 Opinion or Order Filing 5 ORDER granting #2 Motion for leave to proceed in forma pauperis. Signed by Magistrate Judge Anthony E. Porcelli on 4/17/2012. (MH) [Transferred from Florida Middle on 8/21/2012.]
March 21, 2012 Opinion or Order Filing 3 NOTICE of designation under Local Rule 3.05 - track 2 (LS) [Transferred from Florida Middle on 8/21/2012.]
March 7, 2012 Opinion or Order Filing 2 MOTION for leave to proceed in forma pauperis by Javier Luis. (ARB) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 8/21/2012.]
March 7, 2012 Opinion or Order Filing 1 COMPLAINT against Carla Bergmann, Mary Jill Donovan, Donovan Law, Joe Zang Custom Builders, Michael McCaferty, Joseph Zang, Zang General Contractors, Inc. with Jury Demand filed by Javier Luis.(ARB) [Transferred from Florida Middle on 8/21/2012.]
March 7, 2012 Filing 1 COMPLAINT against Carla Bergmann, Mary Jill Donovan, Donovan Law, Joe Zang Custom Builders, Michael McCaferty, Joseph Zang, Zang General Contractors, Inc. with Jury Demand filed by Javier Luis.(ARB) [Transferred from Florida Middle on 8/21/2012.]

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Search for this case: Luis v. Zang et al
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Defendant: Awareness Technologies, Inc.
Represented By: Ralph Gary Winters
Represented By: Craig A Hoffman
Represented By: Bernard W Wharton
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Defendant: Mike Osborne
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Defendant: Peter Fuhrman
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Defendant: Howard Johnson
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Defendant: Bergmann Joseph Zang
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Defendant: Jason Fitch
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Defendant: Mary Jill Donovan
Represented By: Kenneth A. Hall
Represented By: Kimberly A Pramaggiore
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Defendant: Verizon Communications
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Defendant: Joseph Zang Builders
Represented By: Scott J Stitt
Represented By: Andrew M Smith
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Defendant: Carla Bergmann
Represented By: Thomas Patrick Dempsey Doyle
Represented By: Bryen N. Hill
Represented By: Timothy Brian Schenkel
Represented By: Paul U. Chistolini
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Defendant: Joseph O. Zang
Represented By: Jerome Francis Rolfes
Represented By: Gary Lee Hall
Represented By: Charles Coster Ashdown
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Defendant: Joseph Zang
Represented By: Lara J. Tibbals
Represented By: Joseph L. Murphy
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Defendant: Kristen Habacht
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Defendant: Jow Arif
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Defendant: Ron Penna
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Defendant: Cincinnati Bell
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Defendant: Michael McCaferty
Represented By: Kenneth A. Hall
Represented By: Kimberly A Pramaggiore
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Defendant: Joseph Zang Custom Builders
Represented By: Scott J Stitt
Represented By: Andrew M Smith
Represented By: Lara J. Tibbals
Represented By: Charles Coster Ashdown
Represented By: Joseph L. Murphy
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Defendant: Joseph C. Zang
Represented By: Scott J Stitt
Represented By: Andrew M Smith
Represented By: Lara J. Tibbals
Represented By: Joseph L. Murphy
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Defendant: Joe Zang Custom Builders
Represented By: Lara J. Tibbals
Represented By: Joseph L. Murphy
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Defendant: Brad Miller
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Defendant: Donovan Law
Represented By: Kenneth A. Hall
Represented By: Kimberly A Pramaggiore
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Defendant: Mary Zang
Represented By: Jerome Francis Rolfes
Represented By: Gary Lee Hall
Represented By: Charles Coster Ashdown
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Defendant: Zang General Contractors, Inc.
Represented By: Lara J. Tibbals
Represented By: Charles Coster Ashdown
Represented By: Joseph L. Murphy
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Petitioner: Hill Ward Henderson
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Petitioner: Scott J Stitt
Represented By: Scott J Stitt
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Petitioner: James E Arnold
Represented By: Scott J Stitt
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Petitioner: James E. Arnold & Associates
Represented By: Scott J Stitt
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Petitioner: Lara Tibbals
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Plaintiff: Javier Luis
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