Lipin v. Wisehart et al
| Joan Carol Lipin |
| Arthur Dodson Wisehart, Mark Apelman-Powers, Mark Apelman, Mark N. Apelman, Arthur D. Wisehart, Winston Wisehart, J. Does 1-10, Art Wisehart, Charles W. Wisehart, C. Winston Wisehart and Arthur Wisehart |
| 1:2024cv00620 |
| October 28, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Matthew W McFarland |
| Other Fraud |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 18 Plaintiff's Objections and Memorandum of Law to the Magistrate Judge's Sua Sponte R&R and OTSC by Joan Carol Lipin. (kev) |
| Filing 16 [Dual perfection of service. Refer to #17 for correct answer date]. SUMMONS Returned Executed as to Defendant Mark Apelman. Mark Apelman served on 11/14/2024, answer due 12/5/2024. (kev) |
| Reset Deadlines per #17 SUMMONS Returned Executed as to Defendant Mark Apelman: Mark Apelman answer due 12/3/2024. (kev) |
| Filing 17 SUMMONS Returned Executed as to Defendant Mark Apelman. Mark Apelman served on 11/12/2024, answer due 12/3/2024. (kev) |
| Filing 15 Plaintiff's Objections to the Magistrate Judge's Notation Order Entered on November 19, 2024, and Memorandum of Law by Joan Carol Lipin. (kev) |
Filing 13
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:23-cv-684 and 1:24-cv-620 ARE related and transferred to the docket of Judge Matthew W. McFarland. Signed by Judge Matthew W. McFarland and Judge Michael R. Barrett on 11/20/2024. (kh)(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 14 Plaintiff's Reply to the Defendants' Opposition (Doc #10 ) to her Motion Disqualifying Opposing Counsel for Cause (Doc #8 ) filed by Joan Carol Lipin. (kev) |
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NOTATION ORDER - This matter is before the Court on Defendants' Motion to Suspend all Pleading and Discovery Dates (doc. #11 ) and Plaintiff's Response in Opposition (doc. #12 ). Having considered this matter, and noting the Report and Recommendation recommending dismissal of this action with prejudice that is currently pending before Judge Barrett (doc. #6 ), the undersigned finds Defendants' request well taken. Accordingly, Defendants' motion (doc. #11 ) is hereby GRANTED. All applicable pleading and discovery deadlines in this matter are hereby STAYED pending disposition of the pending Report and Recommendation. This Order does NOT include any deadlines for the filing of objections and responses to the pending Report and Recommendation. Signed by Magistrate Judge Stephanie K. Bowman on 11/19/2024. (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 12 Plaintiff's Opposition and Memorandum of Laws to Defendants' Motion to Suspend All Pleading and Discovery Dates by Joan Carol Lipin. (kev) |
| Filing 11 First MOTION for Extension of Time New date requested 12/31/2024. for all pleading and pretrial dates by Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart. (Webber, Adam) |
| Filing 10 RESPONSE in Opposition re #8 MOTION to Disqualify Counsel filed by Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart. (Webber, Adam) |
| Filing 9 [This document was inadvertently filed and has been restricted. It has been re-filed using the proper event, #16 Summons Returned Executed. Affidavit of Service by Plaintiff Joan Carol Lipin. (kev) Modified text and security on 11/25/2024 (kev). |
| Filing 8 Plaintiff's Motion and Memorandum of Law to Disqualify Counsel for Each Wisehart Defendant, and Defendant Apelman by Plaintiff Joan Carol Lipin. (kev) |
| Filing 6 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Joan Carol Lipin. IT IS RECOMMENDED THAT: (1) This case should be DISMISSED WITH PREJUDICE; (2) Plaintiff should be declared to be VEXATIOUS subject to satisfaction of additional pre-filing restrictions before the Clerk of Court will accept any new complaint. Specifically, Plaintiff should be required to obtain a certification of an attorney in good standing in this Court that any new case filed in this Court is not frivolous and that the suit is not brought for any improper purpose; (3) In addition, Plaintiff should be warned that the filing of any frivolous motions or other frivolous documents in this case is likely to subject her to additional restrictions. Such restrictions may include a prohibition on filing further motions or documents in this case absent a certification of an attorney in good standing in this Court that the filing is non-frivolous; (4) Within fourteen (14) days of the filing of this Report and Recommendation, Plaintiff should be directed to SHOW CAUSE why she should not be immediately required to pay a monetary sanction of $1,000.00 to the Clerk of Court, with the presiding district judge to determine after review of any response whether to impose a monetary sanction at this time; (5) If Plaintiff attempts to voluntarily dismiss the above-captioned case under Rule 41(a)(1), (a) any such dismissal should operate as an adjudication on the merits based on her prior dismissal of No. 1:23-cv-684-MWM-SKB, which was a federal case that was based on or included the same claim(s) that Plaintiff previously dismissed without prejudice; and (b) any voluntary dismissal should have no impact on the recommended sanctions contained in this Report and Recommendation. Objections to R&R due by 11/27/2024. Signed by Magistrate Judge Stephanie K. Bowman on 11/13/2024. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 5 NOTICE of Appearance by Adam R Webber for Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart (Webber, Adam) |
| Filing 4 SUMMONS Returned Executed as to Defendant C. Winston Wisehart. C. Winston Wisehart served on 10/30/2024, answer due 11/20/2024. (kev) |
| Filing 3 SUMMONS Returned Executed as to Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Arthur Dodson Wisehart. Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ) served on 10/31/2024, answer due 11/21/2024; Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust) served on 10/31/2024, answer due 11/21/2024; Arthur Dodson Wisehart served on 10/31/2024, answer due 11/21/2024. (kev) |
| Filing 2 Summons Issued as to Mark Apelman, Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ), Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust), C. Winston Wiseheart, and Arthur Dodson Wisehart. (kev) |
| Filing 1 COMPLAINT with JURY DEMAND against Mark Apelman, J. Does 1-10, Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ), Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust), Arthur Dodson Wisehart, C. Winston Wiseheart, filed by Joan Carol Lipin. (Attachments: #1 Filing Fee Receipt, #2 Civil Cover Sheet) (kev) |
| Filing fee received: $ 405.00, receipt number 100004689 (kev) |
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