Levin v. Barry Kaye & Associates, Inc. et al

Justia Dockets & Filings Sixth Circuit Ohio Southern District Levin v. Barry Kaye & Associates, Inc. et al

Levin v. Barry Kaye & Associates, Inc. et al

Plaintiff:	Louis Levin
Defendant:	Barry Kaye & Associates, Inc., Howard Kaye, Howard Kaye Insurance Agency, Inc., Edward S Zuckerman and Transamerica Life Insurance Company
Case Number:	3:2009cv00287
Filed:	July 28, 2009
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Walter H Rice
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on April 11, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 11, 2013	Filing 81 STIPULATION of Dismissal Stipulated Dismissal With Prejudice by Plaintiff Louis Levin. (Talda, Richard)
September 24, 2012	Minute Entry for proceedings held before Magistrate Judge Michael J Newman: Settlement Conference held on 9/18/2012. Mediation Complete - See Conditional Dismissal Order Doc. #80 . (kf)
September 21, 2012	Filing 80 CONDITIONAL DISMISSAL ORDER. Signed by Judge Walter H Rice on 9/21/2012. (jdf1)
September 20, 2012	Filing 79 AMENDED ORDER FOR COURT-CONDUCTED MEDIATION: The above-captioned action is hereby set for mediation at 9:30 a.m. on Friday, September 28, 2012, in the Chambers of Magistrate Judge Michael J. Newman, Room 505, at the United States Courthouse and Federal Building, 200 West Second Street, Dayton, Ohio, 45402. Signed by Magistrate Judge Michael J Newman on 9/20/12. (cib1)
September 7, 2012	Filing 78 ORDER - The mediation in the above-captioned action originally set for September 17, 2012 is CANCELLED. The Court will re-set the mediation for a later date, if necessary. Signed by Magistrate Judge Michael J Newman on 9/7/12. (kje1)
September 6, 2012	CONFERENCE CALL RESCHEDULED for 9/7/2012 at 03:30 PM in Teleconference before Magistrate Judge Michael J Newman. (kf)
August 31, 2012	Filing 77 ORDER FOR COURT-CONDUCTED MEDIATION: The above-captioned action is hereby set for mediation at 9:30 a.m. on Monday, September 17, 2012, in the Chambers of Magistrate Judge Michael J. Newman, Room 505, at the United States Courthouse and Federal Building, 200 West Second Street, Dayton, Ohio, 45402. Signed by Magistrate Judge Michael J Newman on 8/31/12. (cib1)
August 31, 2012	Notice of Hearings: This Case is set for a Telephone Status Conference on 9/7/2012 at 2:30 PM before Magistrate Judge Michael J Newman (the Court will initiate the call) and a Mediation on 9/17/2012 at 9:30 AM before Magistrate Judge Michael J Newman. (cib1)
August 21, 2012	NOTICE of Hearing: Status Conference set for 8/28/2012 10:30 AM in Teleconference before Magistrate Judge Michael J Newman. The Court shall contact counsel for the parties at the phone number listed on the docket sheet. (kf)
August 15, 2012	Filing 76 ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE FOR PURPOSES OF CONDUCTING MEDIATION - Pursuant to 28 U.S.C. 636(b)(1)(A), (B), and (C) and 636(b)(3), the above-captioned action is hereby referred to United States Magistrate Judge Michael J. Newman solely for purpose of conducting a mediation. The Magistrate Judge shall have full authority to conduct the mediation and shall report to the Court whether or not it has resulted in settlement of his case. Signed by Judge Walter H Rice on 08/14/2012. (kf)
July 31, 2012	Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 7/30/2012. (Court Reporter Debra Futrell.) (jdf1)
July 11, 2012	Minute Entry for proceedings held before Judge Walter H Rice: Show Cause Hearing held on 7/11/2012, ( Status Telephone Conference set for 7/30/2012 at 4:30 PM before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1)
July 5, 2012	Filing 75 MAGISTRATE JUDGES REPORT ON REFERENCE - after repeated contact with counsel for the parties, the Magistrate Judge finds that they are not unanimously willing to participate in mediation. Because the parties are not unanimously willing to participate, the mediation cannot be conducted. Signed by Magistrate Judge Michael R Merz on 7/05/2012. (kf)
July 5, 2012	Filing 74 Minute Entry for proceedings held before Magistrate Judge Michael R. Merz:Telephone Conference held to continue mediation discussion with Attorneys Richard Talda, Wes Lambert and Thomas Young held on 6/5/2012. (kf)
July 5, 2012	Magistrate Judge Michael R Merz no longer assigned to case per #75 . (kf)
June 26, 2012	NOTICE OF TELEPHONE CONFERENCE: Status Telephone Conference reset for 7/11/2012 at 4:45 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 24 hours prior to the telephone conference if you will be participating. (jdf1)
June 4, 2012	Minute Entry for proceedings held before Magistrate Judge Michael R Merz: Continued mediation discussion with Attorneys Richard Talda, Wes Lambert and Thomas Young held on 6/4/2012. (kpf1)
June 4, 2012	NOTICE OF TELEPHONE: Status Telephone Conference set for 6/25/2012 at 4:15 PM before Judge Walter H Rice. (jdf1) Modified on 6/15/2012 to correct location(jdf1).
June 4, 2012	Notation ORDER setting continued telephone conference on settlement and possible mediation for 2:00 p.m. on Wednesday, June 20, 2012. Signed by Magistrate Judge Michael R Merz on 6/4/2012. (mrm0)
April 18, 2012	Filing 73 ORDER OF REFERENCE. The above-captioned action is hereby referred to United States Magistrate Judge Michael R. Merz solely for purpose of conducting a mediation. Signed by Judge Walter H Rice on 4/18/2012. (mdf1)
April 18, 2012	Minute Entry for proceedings held before Judge Walter H Rice: Telehpone Conference held on 4/16/2012, ( Telephone Conference set for 6/4/2012 at 4:30 PM before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1)
April 18, 2012	Magistrate Judge Michael R Merz added solely for purpose of conducting a mediation. (mdf1)
March 30, 2012	Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 3/29/2012, (Telephone Conference set for 4/16/2012 at 4:45 PM before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1)
March 14, 2012	NOTICE OF TELEPHONE CONFERENCE: Scheduling Telephone Conference set for 3/29/2012 at 4:30 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 24 hours prior if you will be participating in the telephone conference. (jdf1)
March 13, 2012	Filing 72 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. #40 ). Signed by Judge Walter H Rice on 3/13/2012. (mdf1)
December 14, 2011	Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 12/12/2011. (Court Reporter Debra Futrell.) (jdf1)
December 5, 2011	NOTATION ORDER sustaining #71 Motion for Telephone Status Conference. Signed by Judge Walter H Rice on 12/5/2011. (jdf1)
December 5, 2011	NOTICE OF TELEPHONE CONFERENCE: Status Telephone Conference set for 12/12/2011 at 3:30 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 if you will be participating in the telephone conference. (jdf1)
November 29, 2011	Filing 71 MOTION Telephone status conference by Defendant Transamerica Life Insurance Company. (Young, Thomas)
October 7, 2011	Filing 70 NOTICE by Plaintiff Louis Levin re #66 Deposition, #65 Reply to Response to Motion,,, Plaintiff's Notice of Filing of the Deposition of Edward S. Zuckerman, Taken on June 22, 2011 (Talda, Richard)
October 7, 2011	NOTATION ORDER sustaining #67 Motion for Leave to File. Signed by Judge Walter H Rice on 10/7/2011. (mdf1)
October 6, 2011	Filing 67 MOTION for Leave to File Motion of Plaintiff Louis Levin for Leave to File Documents Supporting Reply Memorandum Under Seal by Plaintiff Louis Levin. (Talda, Richard)
September 30, 2011	Filing 66 DEPOSITION of Edward Steven Zuckerman taken on June 22, 2011 by Plaintiff Louis Levin. (Attachments: #1 Exhibit 37 to Zuckerman Deposition, #2 Exhibit 38 to Zuckerman Deposition, #3 Exhibit 40 to Zuckerman Deposition, #4 Exhibit 42 to Zuckerman Deposition, #5 Exhibit 43 to Zuckerman Deposition) (Talda, Richard)
September 30, 2011	Filing 65 REPLY to Response to Motion re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 Reply Memorandum in Support of Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 filed by Plaintiff Louis Levin. (Attachments: #1 Exhibit A - Declaration of Allison D. Michael, Esq., #2 Exhibit 1 to Declaration of Allison D. Michael Esq., #3 Exhibit B - Declaration of Linda K. Kiselica, #4 Exhibit 1 to Declaration of Linda K. Kiselica, #5 Exhibit 2 to Declaration of Linda K. Kiselica, #6 Exhibit 3 to Declaration of Linda K. Kiselica, #7 Exhibit 4 to Declaration of Linda K. Kiselica, #8 Exhibit C - Responses and Objections to Interrogatories) (Talda, Richard)
September 30, 2011	Filing 64 NOTICE of Appearance by Richard Albert Talda for Plaintiff Louis Levin (Talda, Richard)
August 16, 2011	Filing 63 DECISION AND ENTRY SUSTAINING MOTION OF PLAINTIFF'S COUNSEL TO WITHDRAW (DOC. #60 ) AND SUSTAINING PLAINTIFF'S MOTION FOR STAY OF BRIEFING SCHEDULE FOR STATED PERIOD OF TIME (DOC. #61 ). Signed by Judge Walter H Rice on 08/15/2011. (kf)
August 8, 2011	Filing 62 ORDER CLARIFYING THAT: (1) THE REFERRAL TO THE MAGISTRATE JUDGE IS TERMINATED: AND (2) THE TWO RECENTLY FILED MOTIONS (DOC. #60 & #61 SHALL BE DECIDED BY JUDGE WALTER H. RICE. Signed by Magistrate Judge Michael J Newman on 08/08/2011. (kf)
August 8, 2011	Magistrate Judge Michael J Newman no longer assigned to case. (kf)
August 4, 2011	Filing 61 MOTION to Stay re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 Plaintiff's Motion for Stay of Briefing Schedule and Time in Which to File Plaintiff's Reply Memorandum by Plaintiff Louis Levin. (Talda, Richard)
August 4, 2011	Filing 60 MOTION to Withdraw as Attorney Motion to Withdraw As Trial Counsel and Co-Counsel for Plaintiff Louis Levin by Plaintiff Louis Levin. (Attachments: #1 Exhibit A - Affidavit) (Talda, Richard)
July 29, 2011	Notation ORDER granting #59 Motion for Extension of Time to File Response/Reply re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 Replies due by 8/8/2011.. Signed by Magistrate Judge Michael R Merz on 7/29/2011 for Judge Michael J. Newman. (mrm0)
July 26, 2011	Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 New date requested 8/8/2011. Plaintiff's Unopposed Motion for Extension of Time to File Reply Memorandum by Plaintiff Louis Levin. (Talda, Richard)
July 25, 2011	Filing 58 ORDER - The attached cases, and any related cases, currently assigned to Magistrate Judge Michael R. Merz are to be reassigned to Magistrate Judge Michael J. Newman. IT IS SO ORDERED. Signed by Chief Judge Susan J. Dlott on 7/252011. (sc1)
July 22, 2011	NOTATION ORDER finding as moot #33 Motion for Hearing. Signed by Judge Walter H Rice on 7/22/2011. (kje1)
July 15, 2011	Filing 57 RESPONSE in Opposition re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Young, Thomas)
July 15, 2011	Filing 56 RESPONSE in Opposition re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 filed by Defendant Edward S Zuckerman. (kf)
July 15, 2011	Filing 55 RESPONSE in Opposition re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 , Unredacted Copy Filed Under Seal Pursuant to Stipulated Confidentiality Agreement and Protective Order filed by Defendants Barry Kaye & Associates, Inc., Howard Kaye Insurance Agency, Inc., Howard Kaye. (Attachments: #1 Exhibit A - Levin Depo, #2 Exhibit B - Howard Kaye Affidavit, #3 Exhibit C - Policy Summary, #4 Exhibit D - Application, #5 Exhibit E - Unreported Case) (Lambert, P)
July 12, 2011	Filing 52 NOTICE by Defendants Barry Kaye & Associates, Inc., Howard Kaye Insurance Agency, Inc., Howard Kaye of filing Deposition Transcript of Louis Levin Under Seal (original mailed to Clerk's Office under seal) (Attachments: #1 Exhibit A- Protective Order, #2 Exhibit B- Deposition Cover Pages) (Lambert, P)
June 15, 2011	Notation ORDER granting Joint Motion #51 to Amend Deposition Schedule. Signed by Magistrate Judge Michael R Merz on 6/15/2011. (kpf1)
June 14, 2011	Filing 51 Joint MOTION to Amend/Correct #49 Order on Motion to Continue, Order on Motion to Stay,,,,,,,, Joint Motion to Amend Deposition Schedule by Plaintiff Louis Levin. (Talda, Richard)
June 7, 2011	Filing 50 MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 New date requested 7/15/2011. by Defendant Transamerica Life Insurance Company. (Young, Thomas)
June 7, 2011	Notation ORDER granting #50 Motion for Extension of Time to File Response/Reply re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 Responses due by 7/15/2011. Signed by Magistrate Judge Michael R Merz on 6/7/2011. (mrm0)
June 6, 2011	Filing 49 DECISION AND ORDER - This case is before the Court on Motion of Defendants Barry Kaye & Associates, Howard Kaye Insurance Agency, and Howard Kaye (Doc. No. 45) to Stay Briefing on Plaintiff's Motion for Partial Summary Judgment (Doc. No. 40). Defendant Edward Zuckerman has filed a parallel Motion (Doc. No. 47). It is hereby ORDERED that the deposition of Louis Levin be conducted at the offices of his counsel in Dayton, Ohio, commencing at 9:30 A.M. on Monday, June 20, 2011, before a court reporter whose attendance shall be arranged by the Kaye Defendants. It is further ORDERED that the deposition of Edward Zuckerman be conducted at his residence in Fort Lauderdale, Florida, commencing at 9:30 A.M. on Monday, June 27, 2011. The time within which the Kaye Defendants and Mr. Zuckerman shall respond to Plaintiff's Motion for Summary Judgment is extended to and including July 15, 2011. The dates set in this Order cannot be amended except by the Court. Failure to proceed with discovery as ordered herein is subject to sanctions, including possible dismissal for failure to prosecute or provide discovery. Signed by Magistrate Judge Michael R Merz on 6/6/2011. (kpf1)
June 6, 2011	Motions Not Referred to Magistrate Judge Michael R. Merz: #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 (kpf1)
June 2, 2011	Filing 48 RESPONSE in Opposition re #45 MOTION to Continue Briefing on Plaintiff's Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(d) Plaintiff Louis Levin's Memorandum Contra Defendants' Kayes Motion Pursuant to Fed. Civ. R. 56(d) filed by Plaintiff Louis Levin. (Talda, Richard)
June 1, 2011	Filing 47 MOTION to Stay Briefing on Plaintiff's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) by Defendant Edward S Zuckerman. (Attachments: #1 Affidavit) (cib1)
June 1, 2011	Filing 46 MOTION for Extension of Time until 6/25/2011 to Oppose Plaintiff's Motion for Summary Judgment by Defendant Edward S Zuckerman. (cib1)
June 1, 2011	Notation ORDER granting #46 Motion for Extension of Time for defendant Zuckerman to respond to the Plaintiff's motion for summary judgment. Signed by Magistrate Judge Michael R Merz on 6/1/2011. (mrm0)
May 31, 2011	Notation ORDER: Because of the short time remaining to litigate this case, Plaintiff shall file its response to the pending Fed. R. Civ. 56(d) motion not later than June 2, 2011. Signed by Magistrate Judge Michael R Merz on 5/31/2011. (mrm0)
May 24, 2011	Filing 45 MOTION to Continue Briefing on Plaintiff's Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(d) by Defendants Barry Kaye & Associates, Inc., Howard Kaye Insurance Agency, Inc., Howard Kaye. (Attachments: #1 Exhibit Exhibit 1 - Lambert Affidavit) (Lambert, P)
May 20, 2011	Filing 44 MOTION for Extension of Time New date requested 6/13/2011. by Defendants Barry Kaye & Associates, Inc., Howard Kaye Insurance Agency, Inc., Howard Kaye. (Lambert, P)
May 20, 2011	Notation ORDER granting #44 Motion for Extension of Time to June 13, 2011, to respond to Plaintiff's motion for partial summary judgment. Signed by Magistrate Judge Michael R Merz on 5/20/2011. (mrm0)
May 19, 2011	Filing 43 MOTION for Extension of Time New date requested 6/13/2011. by Defendant Transamerica Life Insurance Company. (Young, Thomas)
May 19, 2011	Notation ORDER granting #43 Motion for Extension of Time. Signed by Magistrate Judge Michael R Merz on 5/19/2011. (mrm0)
May 10, 2011	Filing 42 NOTICE by Plaintiff Louis Levin re #40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 Notice of Filing Exhibit A-1 to Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 (Talda, Richard)
May 10, 2011	Filing 40 MOTION for Summary Judgment Motion of Plaintiff Louis Levin for Partial Summary Judgment Regarding Ohio Securities Claims and Ohio Rev. Code Section 3905.20 by Plaintiff Louis Levin. Responses due by 6/3/2011 (Attachments: #1 Exhibit A - Declaration of Louis Levin, #2 Exhibit A-1 to Levin Declaration Filed Under Seal, #3 Exhibit A-2 to Levin Declaration, #4 Exhibit A-3 to Levin Declaration, #5 Exhibit A-4 to Levin Declaration, #6 Exhibit A-5 to Levin Declaration, #7 Exhibit A-6 to Levin Declaration, #8 Exhibit B - Declaration of Allison D. Michael, #9 Exhibit B-1 to Michael Declaration, #10 Exhibit B-2 to Michael Declaration, #11 Exhibit B-3 to Michael Declaration) (Talda, Richard) (Additional attachment Exhibit 12 is the Sealed Exhibit A-1 added on 10/28/2011) (gh1). Modified on 10/28/2011 (gh1).
February 3, 2011	Filing 39 NOTICE by Defendant Barry Kaye & Associates, Inc. Notice of Service of Subpoena (Attachments: #1 Exhibit 1) (Lambert, P)
February 2, 2011	Filing 38 NOTICE by Defendant Barry Kaye & Associates, Inc. Notice of Withdrawal of Counsel (Lambert, P)
February 1, 2011	Filing 37 NOTICE by Defendant Barry Kaye & Associates, Inc. Notice of Service of Subpoenas (Attachments: #1 Exhibit 1-8) (Lambert, P)
January 4, 2011	Filing 36 NOTICE of Change of Address by P Wesley Lambert (Lambert, P)
January 3, 2011	Filing 35 ORDER of Reference to Magistrate Judge Michael R. Merz. Signed by Judge Walter H Rice on 1/3/2011. (mdf1)
December 30, 2010	Filing 34 ENTRY OF CONTINUANCE; TRIAL DATE RESET FROM 9/26/11 ON 12/17/10; OTHER DATES SET: Written notification to Court re: contingent consent or refusal to Magistrate Judge for trial purposes only due Within 21 days of 12/20/10. Motions not directed to pleadings: Expired - 7/23/10. Motions to Amend: Expired - 7/23/10. Motions to Amend Pleadings Expired - 7/23/2010. Plaintiff Primary Expert Witness List due by 5/2/2011. Plaintiff Rebuttal Expert Witness List due by 6/2/2011. Defendant Primary Expert Witness List due by 6/2/2011. Defendant Rebuttal Expert Witness List due by 6/2/2011. Discovery Cut-Off: Fact due by 7/6/2011. Expert due by 8/6/2011. Telephone Status Conference set for 8/15/2011 at 5:00 PM before Judge Walter H Rice. Summary Judgment Motions due by 9/12/2011. All other Pretrial Motions due by 12/6/2011. Joint Final Pretrial Order due by 12/13/2011. Trial Exhibits to be exchanged by 12/16/2011. Final Pretrial Telephone Conference set for 12/20/2011 at 5:00 PM in Teleconference before Judge Walter H Rice. Deadline for submitting proposed jury instructions due At least 10 days prior to trial Deadline for submitting counter-designations due At least 5 days prior to trial. Jury Trial set for 1/9/2012 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Signed by Judge Walter H Rice on 12/30/10. (cib1)
December 17, 2010	Minute Entry for Telephone Conference held on 12/17/2010. (Scheduling Entry to be filed shortly) (jdf1)
December 10, 2010	NOTICE OF TELEPHONE CONFERENCE: Status Conference set for 12/17/2010 at 4:30 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 if you will be participating in the telephone conference. (jdf1)
December 10, 2010	Motions Not Referred to Judge Michael R. Merz: #33 Joint MOTION for Hearing Joint Motion of Plaintiff and Defendants for a Telephone Status and Scheduling Conference (kpf1)
December 7, 2010	Filing 33 Joint MOTION for Hearing Joint Motion of Plaintiff and Defendants for a Telephone Status and Scheduling Conference by Plaintiff Louis Levin. (Attachments: #1 Exhibit 1 - Second Amended Rule 26(f) Report) (Talda, Richard)
November 1, 2010	Filing 32 ENTRY OF CONTINUANCE; NEW TRIAL DATE SET FROM 2/28/11 ON 6/22/10; OTHER DATES SET; Required disclosures: 7/9/10. Written notification to Court re: consent/refusal to to Magistrate Judge for Trial purposes only: within 21 days of 11/1/10. Cut-off date for filing of motions directed to pleadings: 7/23/10. Cut-off date for filing of motion to amend and to add parties: 7/23/10. Identification of lay witnesses with synopsis of their testimony to be filed by: Plaintiff - 8/24/10 and Defendant 9/24/10. Plaintiff(s) to Defendant(s): 10/24/10. Defendant(s) to Plaintiff(s): 11/24/2010. Rebuttal Expert(s): Plaintiff: 1/7/11. Defendant's: 2/9/11. Requests for admissions: 3/25/11. Discovery due by 4/26/2011. Status Conference following discovery deadline to explore ADR options set for 5/3/2011 at 5:00 PM by Teleconference before Judge Walter H Rice. Joint Final Pretrial Order by parties on 9/6/11; Final Pretrial Conference set for 9/13/2011 AT 5:00 PM BY Teleconference before Judge Walter H Rice. Request for Admissions due 3/25/11; Motions for Summary Judgment 6/26/11; Other Pretrial Motions 8/30/11; Joint Final Pretrial Order by parties to be filed no later than: 9/6/2011. Exhibit Submission for Trial or Hearing due by 9/9/2011. Final Telephone Pretrial Conference to be held: 9/13/11 at 5:00 p.m. Deadline for submitting proposed jury instructions at least 10 days prior to trial. Deadline for submitting counter-designations at least 5 days prior to trial. Jury Trial set for 9/26/2011 09:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Signed by Judge Walter H Rice on 11/01/10. (pb1) Modified on 11/2/2010 to edit text (bac1). Modified on 11/10/2010 to correct text(kje1).
November 1, 2010	CASE REFERRED to Magistrate Judge Magistrate Judge Michael R Merz. (pb1)
October 4, 2010	Filing 31 Response to 26F date of September 24, 2010 by Defendant Edward S Zuckerman. (cib1)
October 4, 2010	Magistrate Judge Michael R Merz no longer assigned to case - discovery deadline passed. (kpf1)
July 22, 2010	Filing 30 Revised Stipulated Confidentiality Agreement and Protective Order. Signed by Judge Walter H Rice on 7/22/10. (cib1)
June 11, 2010	NOTICE OF TELEPHONE CONFERENCE: Scheduling Telephone Conference set for 6/22/2010 04:30 PM before Judge Walter H Rice. Please notify Cindy Fugate, at 937-512-1501 if you will be participating in the telephone conference. (jdf1)
June 11, 2010	NOTATION ORDER sustaining #29 Joint Motion of Plaintiff and Defendant for a Telephone Pretrial Conference. Signed by Judge Walter H Rice on 6/10/2010. (jdf1)
June 10, 2010	Motions Not Referred to Magistrate Judge Michael R. Merz: #29 Joint MOTION for Hearing Joint Motion of Plaintiff and Defendants for a Telephone Pretrial Conference (kpf1)
June 9, 2010	Filing 29 Joint MOTION for Hearing Joint Motion of Plaintiff and Defendants for a Telephone Pretrial Conference by Plaintiff Louis Levin. (Attachments: #1 Exhibit 1-Revised Rule 26(f) Report of Parties (New Parties Added)) (Talda, Richard)
April 14, 2010	Filing 28 ANSWER to First Amended Complaint #14 with Jury Demand filed by Edward S Zuckerman. (jwd1)
February 17, 2010	Filing 27 CERTIFICATE OF MAILING BY CLERK. (jwd1)
February 3, 2010	Filing 26 Alias Summons Issued as to Edward S Zuckerman. (sc1)
February 2, 2010	Filing 25 NOTICE by Plaintiff Louis Levin Alias Summons In A Civil Action To Be Issued (Talda, Richard)
January 26, 2010	Filing 24 SUMMONS Returned Executed as to Defendant Edward S Zuckerman. (Talda, Richard)
January 25, 2010	Filing 23 Unopposed MOTION to Amend/Correct #14 Amended Complaint, Plaintiff's Unopposed Motion for Leave to Amend the Caption of First Amended Complaint by Plaintiff Louis Levin. (Talda, Richard)
January 25, 2010	Notation ORDER granting #23 Motion to Amend/Correct the cpation to change the identity of a party. Signed by Magistrate Judge Michael R Merz on 1/25/2010. (mrm0)
January 15, 2010	Filing 22 Corporate Disclosure Statement by Defendant Howard Kaye Insurance Agency, Inc.. (Lambert, P)
January 15, 2010	Filing 21 ANSWER to #14 Amended Complaint, by Defendants Barry Kaye & Associates, Inc., Howard Kaye Insurance Agency, Inc., Howard Kaye. (Lambert, P)
January 12, 2010	Filing 20 Corporate Disclosure Statement by Defendant Transamerica Life Insurance Company. (Young, Thomas)
January 12, 2010	Filing 19 ANSWER to #14 Amended Complaint, by Defendant Transamerica Life Insurance Company. (Young, Thomas)
January 5, 2010	Filing 18 SUMMONS Returned Executed as to Defendant Transamerica Life Insurance Company. Transamerica Life Insurance Company served on 12/22/2009, answer due 1/15/2010. (Talda, Richard) Modified on 1/5/2010 (jwd1).
January 5, 2010	Filing 17 NOTICE of Appearance by Thomas Andrew Young for Defendant Transamerica Life Insurance Company (Young, Thomas)
December 30, 2009	Filing 16 MOTION for Extension of Time to File Answer re #14 Amended Complaint, New date requested 1/15/2010. by Defendants Barry Kaye & Associates, Inc., Howard Kaye. (Lambert, P)
December 30, 2009	Notation ORDER granting Defendants' Stipulated Motion for Extension to Answer Plaintiff's First Amended Complaint #16 until January 15, 2010. Signed by Magistrate Judge Michael R Merz on 12/30/2009. (kpf1)
December 16, 2009	Filing 15 Summons Issued as to Howard Kaye Insurance Agency, Inc., Transamerica Life Insurance Company, Edward S Zuckerman. (cib1)
December 15, 2009	Filing 14 AMENDED COMPLAINT First Amended Complaint for Compensatory Damages, Punitive Damages, and Other Relief against Barry Kaye & Associates, Inc., Howard Kaye, Howard Kaye Insurance Agency, Inc., Edward S Zuckerman, Transamerica Life Insurance Company, filed by Louis Levin. (Attachments: #1 Exhibit 1 - Correspondence, #2 Summons Form Howard Kaye Insurance Agency, Inc., #3 Summons Form Edward S. Zuckerman, #4 Summons Form Transamerica Life Insurance Company) (Talda, Richard)
December 2, 2009	Filing 13 AGREED ORDER GRANTING PLAINTIFF LOUIS LEVIN LEAVE TO FILE AMENDED COMPLAINT. Signed by Judge Walter H Rice on 12/1/2009. (jwd1)
November 17, 2009	Filing 12 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Judge Walter H Rice on 11/17/2009. (Attachments: #1 Exhibit A) (jwd1)
October 27, 2009	Filing 11 PRELIMINARY PRETRIAL ORDER: Required disclosure under Fed. R. Civ. P. 26(a)(1) due 10/9/09. Written notification to Court re: contingent consent or refusal to Magistrate Judge for trial purposes only due Within 21 days of 10/26/09. Cut-Off date for filing of motions directed to pleadings (including motions to dismiss filed pursuant to Fed. R. Civ. P. 12) 1/8/2010. Cut-Off date for filing of motion to amend and to add parties 11/30/09. Identification of Lay Witnesses due by: Plaintiff on 12/18/09 by Defendant on 1/15/10. Plaintiff Primary Expert Witness List due by 2/12/2010. Defendant Primary Expert Witness List due by 3/12/2010. Plaintiff Rebuttal Expert Witness List due by 4/9/2010. Defendant Rebuttal Expert Witness List due by 5/7/2010. Requests for admissions due 8/27/10. Cut-off for Discovery 9/28/2010. Telephone Status Conference set for 10/5/2010 at 5:00 PM before Judge Walter H Rice. Cut-Off date for filing of motions for summary judgment 10/28/2010. Cut-Off date for all other pretrial motions, ie., motions in limine, motions for a view, etc 2/8/11. Joint Final Pretrial Order due by 2/8/2011. Trial Exhibits due by 2/11/2011. Final Pretrial Telephone Conference set for 2/15/2011 at 05:00 PM before Judge Walter H Rice. Deadline for submitting proposed jury instructions (To include verdict forms and interrogatories) due At least 10 days prior to trial. Deadline for submitting counter-designations due At least 5 days prior to trial. Jury Trial set for 2/28/2011 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. . Signed by Judge Walter H Rice on 10/27/2009. (jwd1) Modified on 10/30/2009 to edit text (cib1).
October 27, 2009	Magistrate Judge Michael R Merz added. (jwd1)
September 23, 2009	Filing 10 Corporate Disclosure Statement by Defendant Barry Kaye & Associates, Inc.. (Lambert, P)
September 23, 2009	Filing 9 ANSWER to #1 Complaint, with Jury Demand by Defendants Barry Kaye & Associates, Inc., Howard Kaye. (Lambert, P)
September 22, 2009	Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 9/22/2009. (Court Reporter Debra Futrell.) (jdf1)
September 15, 2009	Filing 8 RULE 26(f) REPORT Rule 26(f) Report of Parties by Plaintiff Louis Levin. (Talda, Richard)
August 25, 2009	Filing 7 NOTICE by Defendants Barry Kaye & Associates, Inc., Howard Kaye Notice of Additional Counsel for Defendants (Lambert, P)
August 25, 2009	NOTATION ORDER sustaining #6 Motion for Extension of Time. Signed by Judge Walter H Rice on 8/25/2009. (jdf1, )
August 25, 2009	NOTICE OF HEARING:Preliminary Pretrial Telephone Conference set for 9/22/2009 08:40 AM in before Judge Walter H Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, at 937-512-1500, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (jdf1, )
August 24, 2009	Filing 6 Unopposed MOTION for Extension of Time New date requested 9/23/2009. by Defendants Barry Kaye & Associates, Inc., Howard Kaye. (Lambert, P)
August 17, 2009	Filing 5 SUMMONS Returned Executed by Plaintiff Louis Levin, Defendant Barry Kaye & Associates, Inc.. Barry Kaye & Associates, Inc. served on 8/4/2009, answer due 8/24/2009. (Talda, Richard)
August 6, 2009	Filing 4 SUMMONS Returned Executed by Plaintiff Louis Levin, Defendant Howard Kaye. Howard Kaye served on 8/3/2009, answer due 8/24/2009. (Talda, Richard)
July 29, 2009	Filing 3 Summons Issued as to Howard Kaye. (davisj1, )
July 29, 2009	Filing 2 Summons Issued as to Barry Kaye & Associates, Inc.. (davisj1, )
July 29, 2009	...Notice, if this case is to be referred it will be referred to Magistrate Judge Michael R. Merz. (jdf1)
July 28, 2009	Filing 1 COMPLAINT with JURY DEMAND against Barry Kaye & Associates, Inc., Howard Kaye ( Filing fee $ 350 paid - receipt number: 06480000000002243166), filed by Louis Levin. (Attachments: #1 Civil Cover Sheet, #2 Summons Form Barry Kaye & Associates, #3 Summons Form Howard Kaye) (Talda, Richard)

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Search for this case: Levin v. Barry Kaye & Associates, Inc. et al
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Plaintiff: Louis Levin
Represented By:	Richard Albert Talda
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Defendant: Barry Kaye & Associates, Inc.
Represented By:	James F Koehler
Represented By:	Jeffrey R Teeters
Represented By:	P Wesley Lambert
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Defendant: Howard Kaye
Represented By:	James F Koehler
Represented By:	Jeffrey R Teeters
Represented By:	P Wesley Lambert
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Defendant: Howard Kaye Insurance Agency, Inc.
Represented By:	P Wesley Lambert
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Defendant: Edward S Zuckerman
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Defendant: Transamerica Life Insurance Company
Represented By:	Thomas Andrew Young
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