Fontain v. O'Connell et al
| Marcus Fontain |
| Harjinder Singh Sandhu, Brian J. O'Connell, Ryan F. Hemmerle, Strauss Troy, LPA, Zachary D. Prendergast, Robins, Kelly, Paterson & Tucker, LPA, H&R Cincy Properties, LLC, Harry Sandhu, Jasreen K. Sandhu, Jeffrey S Lane, April L Lane, Prodigy Properties, LLC, Gregory J. Berberich and Does 1-50 |
| 1:2022cv00105 |
| February 25, 2022 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Stephanie K Bowman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
NOTATION ORDER granting #63 Defendants April L Lane, Jeffrey S Lane, Zachary D. Prendergast, Prodigy Properties, LLC, Robins, Kelly and Paterson & Tucker, LPA's Second Motion for Extension of Time Until 5/4/2022 in Which to Answer, Move or Otherwise Plead to Plaintiff's Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 4/22/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 64 RESPONSE in Opposition re #21 MOTION to Dismiss filed by Plaintiff Marcus Fontain. (kl) Modified docket text to clarify and correct docket entry relationship on 4/22/2022 (km). |
| Filing 63 Second MOTION for Extension of Time New date requested 5/4/2022. by Defendants April L Lane, Jeffrey S Lane, Zachary D. Prendergast, Prodigy Properties, LLC, Robins, Kelly, Paterson & Tucker, LPA. (Prendergast, Zachary) |
|
Filing 62
ORDER - with the exception of Plaintiff's response in opposition to Defendants' motion to dismiss which is due on or before 4/25/2022, the CLERK is DIRECTED NOT to accept any additional filings in this matter from the Plaintiff until such time as the Court orders otherwise. Any filings that have been delivered to the Clerk's Office on or before 4/13/2022 but have not yet been docketed shall NOT BE DOCKETED but instead shall be returned to Plaintiff, along with a copy of this order. Signed by Magistrate Judge Stephanie K. Bowman on 4/13/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 61 [PLAINTIFF'S EXHIBIT 38] - 03/04/2022, STATE JUDGE MEGAN SHANAHAN'S ILLEGAL ORDER AGAINST THE DISMISSED MARCUS FONTAIN, ENTERED IN THE EQUALLY DISMISSED STATE CASE A-1705644 by Plaintiff Marcus Fontain. (eh) |
| Filing 60 [PLAINTIFF'S EXHIBIT 37 AND 37-A] - 07/08/2019, JUDGE TERRY NESTOR'S OHIO SUPREME COURT MOTION TO DECLARE MARCUS FONTAIN A "VEXATIOUS LITIGATOR" AND ORDERDENYING MOTION by Plaintiff Marcus Fontain. (eh) |
| Filing 59 [PLAINTIFF'S EXHIBIT 36] - 05/08/2020, JUDGE TERRY NESTOR'S "ENTRY OVERRULING 60(B) AND RELATED MOTIONS" by Plaintiff Marcus Fontain. (eh) |
| Filing 58 [PLAINTIFF'S EXHIBIT 35] - 04/21/2020, COUNSEL FOR THE DISMISSED DEFENDANTS' MEMORANDUM IN SUPPORT OF THE MOTION TO VACATE JUDGE TERRY NESTOR'S ILLEGALJUDGMENT OF SEPTEMBER 12, 2019, UNDER RULE 60(B] by Plaintiff Marcus Fontain. (eh) |
| Filing 57 [PLAINTIFF'S EXHIBIT 34] - 04/14/2020, PLAINTIFF'S EMAIL TO THE DEFENDANTS DEMANDING THE REMOVAL OF THE FALSE CERTIFICATES OF LEIN WITH COPY TO JUDGE TERRY NESTOR by Plaintiff Marcus Fontain. (eh) |
| Filing 56 [PLAINTIFF'S EXHIBIT 33] - 09/25/2019, TWO FRAUDULENT PRAECIPE'S FOR CERTIFICATE OF JUDGMENT TO WARREN COUNTY AND TWO FALSE JUDGMENT LIENS, AGAINST THE PLAINTIFF FILED BY DEFENDANT PRENDERGAST UNLAWFULLY NAMING H&R CINCY PROPERTIES, AS JUDGMENT CREDITOR by Plaintiff Marcus Fontain. (eh) |
| Filing 55 [PLAINTIFF'S EXHIBIT 32] - 09/12/2019, JUDGE TERRY NESTOR'S ILLEGAL JUDGMENT ORDER AGAINST THE PLAINTIFF AND THE OTHER DISMISSED DEFENDANTS FROM THE SHAM "RECEIVERSHIP ACTION" ENTERED IN THE DISMISSED CASE NO. A-1705644 by Plaintiff Marcus Fontain. (eh) |
| Filing 54 [PLAINTIFF'S EXHIBIT 31] - 04/25/2019, JOINT MOTION BY DEFENDANTS O'CONNELL AND PRENDERGAST TO CONSOLIDATE PLAINTIFF'S BREACH OF CONTRACT LAWSUIT CASE A-1901296WITH THE SHAM "RECEIVERSHIP ACTION" IN THE DISMISSED CASE A-1705644 by Plaintiff Marcus Fontain. (eh) |
| Filing 53 [PLAINTIFF'S EXHIBIT 30] - 06/15/2021 TRANSCRIPTS OF ORAL ARGUMENT OHIO FIRST APPELLATE DISTRICT IN MARCUS FONTAIN V. H&R CINCY PROPERTIES APPEAL NO. C-200011,FROM TRIAL NO. A-1901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 52 [PLAINTIFF'S EXHIBIT 29) - 08/11/2021 OPINION AND ORDER BY THE OHIO FIRST APPELLATE DISTRICT IN MARCUS FONTAIN V. H&R CINCY PROPERTIES APPEAL NO. C-200011, FROM TRIAL NO. A-1901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 51 [PLAINTIFF'S EXHIBIT 28] - 01/19/2021 TRANSCRIPTS OF ORAL ARGUMENT IN THE OHIO FIRST APPELLATE DISTRICT IN H&R CINCY v. MARCUS FONTAINE APPEAL NO. C-190574 by Plaintiff Marcus Fontain. (eh) |
| Filing 50 [PLAINTIFF'S EXHIBIT 27) - 10/04/2021 TRANSCRIPTS OF ORAL ARGUMENT INTHE OHIO TWELVE DISTRICT COURT OF APPEALS IN MARCUS FONTAIN V. H&R CINCY PROPERTIES, APPEAL NO. 2021-02-015 by Plaintiff Marcus Fontain. (eh) |
| Filing 49 [PLAINTIFF'S EXHIBIT 26] - STATE COURT DOCKET RECORD H&R CINCY V. FONTAINE, Case No. A1705644 by Plaintiff Marcus Fontain. (eh) |
| Filing 48 [PLAINTIFF'S EXHIBIT 25] - DEFENDANT O'CONNELL'S 05/08/2019 MOTION TO DISMISSPLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu, Case No. A1901296. by Plaintiff Marcus Fontain. (eh) |
| Filing 47 [PLAINTIFF'S EXHIBIT 24] - DEFENDANT PRENDERGAST'S 05/14/2019 MOTION TO DISMISSPLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu. Case No. At 901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 46 [PLAINTIFF'S EXHIBIT 23) - DEFENDANT PRENDERGAST'S 08/14/2019 MEMORANDUM TODISMISS PLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu. Case No. At 901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 45 [PLAINTIFF'S EXHIBIT 22] - STATE JUDGE COOPER 12/13/2019 ORDER DISMISSINGDEFENDANT O'CONNELL FROM PLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu. Case No. A1901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 44 [PLAINTIFF'S EXHIBIT 21] - STATE JUDGE COOPER 12/13/2019 ORDER DISMISSING DEFENDANT PRENDERGAST FROM PLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu. Case No. A1901296, by Plaintiff Marcus Fontain. (eh) |
| Filing 43 [PLAINTIFF'S EXHIBIT 20)- DEFENDANTS O'CONNELL AND PRENDERGAST'S 11/27/2019 "JOINT MEMORANDUM" TO DISMISS PLAINTIFF'S STATE BREACH OF CONTRACT LAWSUIT, Fontain v. Sandhu, Case No. Al 901296 by Plaintiff Marcus Fontain. (eh) |
| Filing 42 [PLAINTIFF'S EXHIBIT 19-A)- 05/14/2019, ORDER GRANTING JUDGE TERRY NESTOR'SMOTION TO DISMISS PLAINTIFF'S PETITION FOR WRIT OF PROHIBITION AND DECLARING THE PLAINTIFF A DISMISSED DEFENDANT IN FONTAIN V. HON. TERRY NESTOR, CASE NO. C-1900173 by Plaintiff Marcus Fontain. (eh) (Main Document 42 replaced on 4/12/2022) (eh). |
| Filing 41 [PLAINTIFF'S EXHIBIT 19] - 03/13/2019,JUDGE TERRY NESTOR'S MOTION TO DISMISS PLAINTIFF'S PETITION FOR WRIT OF PROHIBITION AND MANDAMUS IN MARCUS FONTAIN V. HON. TERRY NESTOR, CASE NO. C-1900173 by Plaintiff Marcus Fontain. (eh) |
| Filing 40 [PLAINTIFF'S EXHIBIT 12] JULY 01, 2021 JUDGE MEGAN E. SHANAHAN'S FINAL JUDGMENT ORDER OF DISMISSAL OF THE SHAM RECEIVERSHIP ACTION ON REMAND FROM THE COURT OF APPEALS by Plaintiff Marcus Fontain. (eh) |
| Filing 39 [PLAINTIFF'S EXHIBIT 18] STATE JUDGE MEGAN E. SHAHAN MULTIPLE ILLEGAL ORDERSAGAINST MARCUS FONTAIN AT THE BEHEST OF AND UNDER THE DIRECTION OF DEFENDANTSO'CONNELL AND PRENDERGAST by Plaintiff Marcus Fontain. (eh) |
| Filing 38 [PLAINTIFF'S EXHIBIT 17] FEBRUARY 07, 2019 DEFENDANT PRENDERGAST'S MOTION FOR RESTRAINING ORDER AND PROTECTIVE ORDER AGAINST MARCUS FONTAIN by Plaintiff Marcus Fontain. (eh) (Main Document 38 replaced on 4/11/2022) (eh). Modified to replace with searchable pdf on 4/11/2022 (eh). |
| Filing 37 [PLAINTIFF'S EXHIBIT 16] FEBRUARY 07, 2019 DEFENDANT PRENDERGAST'S (1) MOTION TOPROHIBIT FILINGS BY MARCUS FONTAIN; AND (2) TO DECLARE MARCUS FONTAIN A "VEXATIOUS LITIGATOR" by Plaintiff Marcus Fontain. (eh) |
| Filing 36 [PLAINTIFF'S EXHIBIT 15] FEBRUARY 07, 2019 DEFENDANT PRENDERGAST'S (1) MOTION TOCONTINUE RECEIVERSHIP; (2) TO ASSESS UNIT OWNERS AND TO FORECLOSE ON UNIT OWNERS by Plaintiff Marcus Fontain. (eh) |
| Filing 35 [PLAINTIFF'S EXHIBIT 14] JANUARY 24, 2022 DEFENDANT BRIAN J. O'CONNELL'S MOTION FOR SANCTIONS AGAINST MARCUS FONTAIN BEFORE JUDGE MEGAN E. SHANAHAN IN THE DISMISSED SHAM RECEIVERSHIP ACTION by Plaintiff Marcus Fontain. (eh) |
| Filing 34 [PLAINTIFF'S EXHIBIT 13] JUNE 23, 2021 TRANSCRIPTS OF HEARING BEFORE JUDGE MEGAN E.SHANAHAN'S IN THE SHAM RECEIVERSHIP ACTION ON REMAND FROM THE COURT OF APPEALS by Plaintiff Marcus Fontain. (eh) (Scanned as received.) Modified docket text on 4/11/2022 (kh). |
| Filing 33 [PLAINTIFF'S EXHIBIT 11] MARCH 02, 2021, JUDGE TERRY NESTOR'S SELF-DISQUALIFICATION ORDER "IN THE INTEREST OF JUSTICE" by Plaintiff Marcus Fontain. (eh) |
| Filing 32 [PLAINTIFF'S EXHIBIT 10] NOVEMBER 13, 2019, DEFENDANT BRIAN J. O'CONNELL'S MOTION FOR SANCTIONS AGAINST THE DISMISSED MARCUS FONTAIN by Plaintiff Marcus Fontain.. (eh) |
| Filing 31 [PLAINTIFF'S EXHIBITS 8- 9] SEPTEMBER 25, 2019 FRAUDULENT CERTIFICATES OF JUDGMENT LIENS FILED BY DEFENDANT ZACHARY D. PRENDERGAST AGAINST THE PLAINTIFF by Plaintiff Marcus Fontain. (eh) |
| Filing 30 [PLAINTIFF'S EXHIBIT 7] FEBRUARY 13, 2019, JUDGE TERRY NESTOR ORDER (1) STRIKINGPLAINTIFF'S PLEADINGS; (2) RESTRAINING ORDER AGAINST THE MARCUS FONTAIN AND HIS WIFE; AND (3) ORDER EXTENDING THE RECEIVERSHIP by Plaintiff Marcus Fontain. (eh) |
| Filing 29 [PLAINTIFF'S EXHIBIT 6] JANUARY 11, 2019, DEFENDANT O'CONNELL'S OPPOSITION TOCONTEMPT MOTION AND MOTION TO AMEND ST A TE JUDGE STEVEN E. MARTIN'S ORDER THE APPOINTING RECEIVER by Plaintiff Marcus Fontain.. (eh) |
| Filing 28 [PLAINTIFF'S EXHIBIT 5] FEBRUARY 26, 2021, APPEALS COURT JUDGMENT ORDER VACATING JUDGE TERRY NESTOR'S SEPTEMBER 12, 2019, RECEIVERSHIP ACTION'S JUDGMENT ORDER by Plaintiff Marcus Fontain. (eh) (Main Document 28 replaced on 4/11/2022) (eh). Modified to correct pdf on 4/11/2022 (eh). |
| Filing 27 [PLAINTIFF'S EXHIBIT 4] SEPTEMBER 12, 2019, JUDGE TERRY NESTOR'S RECEIVERSHIP ACTION JUDGMENT ORDER AGAINST MARCUS FONTAIN by Plaintiff Marcus Fontain. (eh) |
|
Filing 26
[PLAINTIFF EXHIBIT 3] SEPTEMBER 26, 2018, AGREED ENTRY OF DISMISSAL, FINAL JUDGMENT ORDER BY STATE JUDGE STEVEN E. MARTIN by Plaitniff Marcus Fontain. (eh)
|
| Filing 25 [PLAINTIFF EXHIBIT 2] AUGUST 21, 2018 SETTLEMENT AGREEMENT AND RELEASE by Plaintiff Marcus Fontain. (eh) |
|
Filing 24
[PLAINTIFF EXHIBIT 1] AUGUST 10, 2018 ORDER APPOINTING RECEIVER BY STATE JUDGE STEVEN E. MARTIN by Plaintiff Marcus Fontain. (eh)
|
|
NOTATION ORDER granting #22 Plaintiff's First Motion for Extension of Time Until 4/25/2022 in Which to File Response re #21 Defendants H&R Cincy Properties, LLC, Ryan F. Hemmerle, Brian J. O'Connell, Harjinder Singh Sandhu, Jasreen K. Sandhu and Strauss Troy, LPA's Motion to Dismiss. Signed by Magistrate Judge Stephanie K. Bowman on 3/28/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 23 SUGGESTION OF BANKRUPTCY Upon the Record by Defendant Gregory J. Berberich. (Kruer, David) |
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Refiled doc 19 New date requested 4/25/2022. by Plaintiff Marcus Fontain. (eh) |
| Filing 21 MOTION to Dismiss Refiled doc 19 by Defendants H&R Cincy Properties, LLC, Ryan F. Hemmerle, Brian J. O'Connell, Harjinder Singh Sandhu, Jasreen K. Sandhu, Strauss Troy, LPA. (Attachments: #1 Exhibit A-Entry- Receivership Action 2/28/22) (O'Connell, Brian) |
| Filing 20 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket [19-1] Exhibit A-Entry- Receivership Action 2/28/22 to MOTION to Dismiss, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket [19-1] Exhibit A-Entry- Receivership Action 2/28/22 to MOTION to Dismiss as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/23/2022. (kh) |
| Filing 19 MOTION to Dismiss by Defendants Brian J. O'Connell, Ryan F. Hemmerle, Strauss Troy, LPA, Jasreen K. Sandhu, Harjinder Singh Sandhu. (Attachments: #1 Exhibit A-Entry- Receivership Action 2/28/22) (O'Connell, Brian) Modified Docket Text to Correct and and Filers on 3/22/2022 (km). |
| Filing 18 SUMMONS Returned Executed as to Defendants Gregory J. Berberich served on 3/3/2022, answer due 3/24/2022; Brian J. O'Connell served on 3/7/2022, answer due 3/28/2022. (eh) |
|
NOTATION ORDER granting re #17 Defendants April L Lane, Jeffrey S Lane, Zachary D. Prendergast, Prodigy Properties, LLC and Robins, Kelly, Paterson & Tucker, LPA's First Motion for Extension of Time Until 4/20/2022 in Which to Answer, Move or Otherwise Plead to Plaintiff's Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 3/15/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 17 MOTION for Extension of Time to File Answer New date requested 4/20/2022. by Defendants April L Lane, Jeffrey S Lane, Zachary D. Prendergast, Prodigy Properties, LLC, Robins, Kelly, Paterson & Tucker, LPA. (Prendergast, Zachary) |
| Filing 15 SUMMONS Returned Executed as to Defendant Zachary D. Prendergast. Zachary D. Prendergast served on 3/4/2022, answer due 3/25/2022. (kh) |
| Filing 14 NOTICE - Transcripts of Proceedings of (September 09, 2019) Before State Judge Terry Nestor in the Fraudulent Receivership Action by Plaintiff Marcus Fontain. (kh) |
| Filing 13 NOTICE - Transcripts of Proceedings of (July 09,2019) Before State Judge Terry Nestor in the Fraudulent Receivership Action by Plaintiff Marcus Fontain. (kh) |
| Filing 12 [AMENDED] PLAINTIFF'S REQUEST TO TAKE JUDICIAL NOTICE OF STATE JUDGE MEGAN E. SHANAHAN'S FEBRUARY 28, 2022, ILLEGAL ORDER, IN SUPPORT PLAINTIFF'S CIVIL RIGHTS ACTION, UNDER FED. R. EVID. 201 by Plaintiff Marcus Fontain. (Received by mail at 1:47 PM). (Attachments: #1 Exhibits 1-5) (eh) |
| Filing 11 [AMENDED] PLAINTIFF'S REQUEST TO TAKE JUDICIAL NOTICE OF STATE JUDGE MEGAN E. SHANAHAN'S FEBRUARY 28, 2022, ILLEGAL ORDER, IN SUPPORT PLAINTIFF'S CIVIL RIGHTS ACTION, UNDER FED. R. EVID. 201 by Plaintiff Marcus Fontain. (Submitted at 9:03 AM in the clerk's office). (Attachments: #1 Ex. 1-8) (eh) |
| Filing 10 CERTIFICATE of Mailing: Certified mailing of Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipts) (kh) |
| Filing 9 REQUEST TO TAKE JUDICIAL NOTICE OF STATE JUDGE MEGAN E. SHANAHAN'S FEBRUARY 28, 2022, UNLAWFUL ORDER, IN SUPPORT PLAINTIFF'S CIVIL RIGHTS ACTION UNDER FED. R. EVID. 207 by Plaintiff Marcus Fontain. (Attachments: #1 Ex. 1-5) (eh) |
| Filing 8 NOTICE - Transcripts of proceedings of June 23, 2021 by Plaintiff Marcus Fontain (bjc) |
| Filing 7 NOTICE - Transcripts of proceedings of January 17.2019 by Plaintiff Marcus Fontain (bjc) |
| Filing 6 NOTICE - Transcripts of proceedings of February 07, 2019 by Plaintiff Marcus Fontain (bjc) |
| Filing 5 NOTICE - Supplemental Exhibit 13-1 by Plaintiff Marcus Fontain (bjc) |
| Filing 4 NOTICE - Supplemental Exhibit 18 by Plaintiff Marcus Fontain (bjc) |
| Filing 3 NOTICE - Supplemental Exhibit 19 by Plaintiff Marcus Fontain (bjc) |
| Filing 2 Summons Issued as to Gregory J. Berberich, H&R Cincy Properties, LLC, Ryan F. Hemmerle, April L Lane, Jeffrey S Lane, Brian J. O'Connell, Zachary D. Prendergast, Prodigy Properties, LLC, Robins, Kelly, Paterson & Tucker, LPA, Harjinder Singh Sandhu, Jasreen K. Sandhu, Strauss Troy, LPA. (kh) |
| Filing 1 COMPLAINT with JURY DEMAND filed by Marcus Fontain against All Defendants. (Attachments: #1 Ex. 1-11, 13-17, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (eh) (Main Document 1 replaced on 2/25/2022) (eh). |
| Filing fee: $ 402.00, receipt number 100CIN043772 (eh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
