Bardes v. Bush et al
| David Andrew Bardes |
| George Walker Bush, Richard Bruce Cheney, William Henry Gates, III, Microsoft Corporation, Lawrence Edward Page, Alphabet, Inc, Timothy Donald Cook, Apple, Inc. and John and Jane Doe |
| 1:2022cv00290 |
| May 26, 2022 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Douglas R Cole |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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Filing 38
USCA Case Number 23-3272 for #36 Notice of Appeal filed by David Andrew Bardes. Case Manager: Virginia Lee Padgett. (pb) Modified docket text on 4/4/2023 (eh).
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Filing 37
USCA Appeal Fees received $ 505 receipt number 100001581 re #36 Notice of Appeal filed by David Andrew Bardes. (md)
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Filing 36
NOTICE OF APPEAL re #33 Order Adopting Report and Recommendations, #34 Clerk's Judgment (Filing fee has been paid, receipt number 100001581) by Plaintiff David Andrew Bardes. (md)
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Filing 35
MOTION to Reconsider re #33 Order Adopting Report and Recommendations, by Plaintiff David Andrew Bardes. (md)
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Filing 34
CLERK'S JUDGMENT affirming #33 Opinion and Order. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 33
OPINION AND ORDER largely adopting #28 the R&R's conclusions. But the Court dismisses #1 Bardes's Complaint with prejudice for lack of subject-matter jurisdiction under Rule 12(b)(1), not for failure to state a claim under Rule 12(b)(6). Because the Court lacks subject-matter jurisdiction, the Court denies all pending motions (Docs. 5, 8-13, 15, and 25) as moot and overrules #31 Bardes's Objections to the R&R. Finally, the Court notifies Bardes that submitting any additional objectively frivolous filings may result in the Court declaring him a vexatious litigator. Signed by Judge Douglas R. Cole on 3/6/23. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 32
Response to Plaintiff's Objections to Report and Recommendation of the United States Magistrate Judge by Defendants Alphabet, Inc, Lawrence Edward Page. (Werner, Karey)
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Filing 31
OBJECTION to #28 Report and Recommendations by Plaintiff David Andrew Bardes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Envelope) (md). Added missing page on 12/28/2022 (md).
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Filing 30
NOTICE of Change of Address by Plaintiff David Andrew Bardes (md)
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NOTATION ORDER granting #29 Plaintiff's MOTION for Extension of Time to Object Due to Severity of False Accusations re #28 REPORT AND RECOMMENDATION. Objections to R&R due by 12/21/22. SO ORDERED. Signed by Judge Douglas R. Cole on 10/28/22. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 29
MOTION for Extension of Time to Object due to Severity of False Accusations by Plaintiff David Andrew Bardes. (kh)
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Filing 28
REPORT AND RECOMMENDATIONS IT IS RECOMMENDED THAT: (1) The motions to dismiss filed by Defendants Alphabet, Cook, Microsoft and Apple, #11 , #12 , #25 should be GRANTED; (a) In addition to the grounds advanced by the Defendants in their respective motions to dismiss, and for the reasons discussed above, this entire action should be DISMISSED sua sponte with prejudice under Rule 12(b)(6); (b) If the Court declines the recommendation to dismiss with prejudice under Rule 12(b)(6), the undersigned alternatively recommends dismissal under Rule 12(b)(2) (lack of personal jurisdiction), Rule 12(b)(3) (lack of venue), and/or Rule 12(b)(5) (improper service); (2) Plaintiff's motions ( #5 , #8 , #9 , #10 , #13 , #15 ) all should be DENIED as moot in light of the recommended dismissal of this case. If not denied as moot, all of Plaintiffs motions alternatively should be denied on their merits; (3) Plaintiff should be warned that any further frivolous filings in this Court may result in Plaintiff being declared a vexatious litigator and filing restrictions should be imposed. Objections to R&R due by 10/26/2022. Signed by Magistrate Judge Stephanie K. Bowman on 10/12/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 27
REPLY to Response to Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Microsoft Corporation. (Hansberry, John)
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Filing 26
Answer and RESPONSE to Microsoft Corporation's #25 MOTION TO DISMISS by Plaintiff David Andrew Bardes. (kh)
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Filing 25
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Hansberry, John)
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Filing 24
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number BOHSDC-9021593) of W. Ward Morrison, Jr. by Defendant Microsoft Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Hansberry, John)
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Filing 23
NOTICE of Appearance by John Charles Hansberry for Defendant Microsoft Corporation (Hansberry, John)
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NOTATION ORDER granting #24 Motion for Leave to Appear Pro Hac Vice of W. Ward Morrison, Jr.. Signed by Magistrate Judge Stephanie K. Bowman on 8/26/2022. (kl)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 22
Answer to #21 ORDER TO SHOW CAUSE and Responsive Memorandum to Apple, Inc.'s Motion to Dismiss by Plaintiff David Andrew Bardes. (kh)
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NOTATION ORDER referring #11 and #12 Motions to Dismiss to Magistrate Judge Stephanie K. Bowman to render a report and recommendation to the Court. SO ORDERED. Signed by Judge Douglas R. Cole on 8/23/22. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 21
ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 9/6/2022, why Defendant Apple, Inc.'s Motion to Dismiss Plaintiff's Complaint #12 should not be construed as unopposed and granted for the reasons stated. Plaintiff may also satisfy the requirements of this Order by filing a responsive memorandum to Defendants' motion by the 9/6/2022 deadline.Failure to timely comply with this Order will result in the pending motion being granted as unopposed for the reasons stated therein. Show Cause Response due by 9/6/2022. Signed by Magistrate Judge Stephanie K. Bowman on 8/15/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 20
REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Alphabet, Inc, Lawrence Edward Page. (Werner, Karey)
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Notice of Correction: Please disregard [FORMER DOC. 19] Response to Motion - filed using incorrect ECF event. At request of the clerk, document re-filed as #20 Reply to Response to Motion. (eh)
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Filing 19
[FORMER DOC. 19 - PLEASE DISREGARD. FILED IN ERROR.] RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply in Support of Motion to Dismiss of Defendants Alphabet, Inc. and Lawrence Page filed by Defendants Alphabet, Inc, Lawrence Edward Page. (Werner, Karey) Modified docket text and document security on 8/2/2022 (eh).
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Filing 18
Correction to the Lawyer's Lies Regarding Defendants APPLE, Inc., and Timothy Donald Cook filed by Plaintiff David Andrew Bardes. (kh)
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Filing 17
RESPONSE in Opposition re #13 MOTION to Decide to the Disposition of Defendant Timothy Donald Cook filed by Defendant Timothy Donald Cook. (Hubbard, Edward)
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Filing 16
RESPONSE in Opposition re #15 MOTION for Default Judgment against Apple, Inc. filed by Defendant Apple, Inc.. (Attachments: #1 Exhibit ECF Case Notice of Filing) (Hubbard, Edward)
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Filing 15
MOTION for Default Judgment against Apple, Inc. by Plaintiff David Andrew Bardes. (kh)
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Filing 14
Objections to Defendants Lawrence Edward Page and Alphabet, Inc.'s #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff David Andrew Bardes. (kh)
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Filing 13
MOTION to Decide to the Disposition of Defendant Timothy Donald Cook by Plaintiff David Andrew Bardes. (kh)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , CLAIM PRECLUSION, LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, AND INSUFFICIENT SERVICE OF PROCESS by Defendant Apple, Inc.. (Attachments: #1 Exhibit Ortiz Declaration and Exhibit, #2 Exhibit Bardes Writ in Mandamus) (Hubbard, Edward)
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Filing 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Alphabet, Inc, Lawrence Edward Page. (Adlakha, Rajeev)
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Filing 10
MOTION for Default Judgment against Richard Bruce Cheney by Plaintiff David Andrew Bardes. (kh)
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Filing 9
MOTION to Compel by Plaintiff David Andrew Bardes. (kh)
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Filing 8
MOTION for Default Judgment against William Henry Gates, III and Microsoft Corporation by Plaintiff David Andrew Bardes. (kl)
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Filing 7
STIPULATION Extension of Time to Move or Plead by Defendants Apple, Inc., Timothy Donald Cook. (Hubbard, Edward)
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Set/Reset Deadlines: Apple, Inc. answer due 7/15/2022; Timothy Donald Cook answer due 7/15/2022, per stipulation #7 . (km)
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Filing 6
Objections to Defendant's Page and Alphabet's #4 MOTION for Extension of Time filed by Plaintiff David Andrew Bardes. (kh)
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Filing 5
MOTION for Default Judgment against George Walker Bush by Plaintiff David Andrew Bardes. (kh)
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Set/Reset Deadlines: Alphabet, Inc answer due 7/14/2022; Lawrence Edward Page answer due 7/14/2022. (km)
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NOTATION ORDER - This matter is before the Court on Defendants Alphabet Inc. and Lawrence Page's Motion for Extension of Time in Which to Answer, Move or Otherwise Plead to Plaintiff's Complaint (doc. #4 ). Having reviewed this matter, and for good cause shown, Defendants' motion is GRANTED. Defendants Alphabet Inc. and Lawrence Page are hereby granted an extension of time through and including 7/14/2022 in which to answer, move or otherwise plead to Plaintiff's Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 6/22/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 4
MOTION for Extension of Time New date requested 7/14/2022. FOR LEAVE TO PLEAD by Defendants Alphabet, Inc, Lawrence Edward Page. (Werner, Karey)
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Filing 3
Summons Issued as to Alphabet, Inc, Apple, Inc., George Walker Bush, Richard Bruce Cheney, Timothy Donald Cook, William Henry Gates, III, Microsoft Corporation, Lawrence Edward Page. (kh)
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Filing 2
Filing fee: $ 402.00, receipt number 100CIN044372. (kh)
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Filing 1
Verified COMPLAINT with JURY DEMAND against Alphabet, Inc, Apple, Inc., George Walker Bush, Richard Bruce Cheney, Timothy Donald Cook, John and Jane Doe, William Henry Gates, III, Microsoft Corporation, Lawrence Edward Page, filed by David Andrew Bardes. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (kh)
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