PESCHMANN V QUAYLE ET AL
Plaintiff: MARINKA PESCHMANN
Defendant: DOES 1-20, CINCHCAST, INC., STEPHEN QUAYLE, BLOGTALKRADIO, INC. and DOUGLAS HAGMANN
Case Number: 1:2017cv00259
Filed: October 2, 2017
Court: US District Court for the Western District of Pennsylvania
Office: Erie Office
County: XX US, Outside State
Presiding Judge: Susan Paradise Baxter
Referring Judge: Richard A Lanzillo
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2020 Opinion or Order Filing 190 ORDER granting #189 Stipulation of Dismissal filed by STEPHEN QUAYLE. Signed by Judge Susan Paradise Baxter on 7/17/2020. (esa)
July 16, 2020 Filing 189 STIPULATION of Dismissal with Prejudice by STEPHEN QUAYLE. (Rosen, Bruce )
June 30, 2020 Opinion or Order Filing 188 ORDER FOR STATISTICAL CLOSING. Signed by Judge Susan Paradise Baxter on 06/30/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa)
June 30, 2020 Opinion or Order Filing 187 TEXT ORDER: Now, this 30th day of June, 2020, the Court having been advised that the parties have reached a settlement of all claims in this civil action, IT IS ORDERED that the motions for reconsideration pending at ECF Nos. #138 and #140 shall be, and hereby are, DISMISSED as moot. IT IS FURTHER ORDERED that counsel shall submit a joint stipulation of dismissal on or before August 30, 2020. There being no further matters pending before this Court, the Clerk shall mark the case administratively closed.Signed by Judge Susan Paradise Baxter on 06/30/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa)
June 18, 2020 Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Conference held on June 8, 2020 before Judge Richard A. Lanzillo. Court Reporter/Transcriber Janis Ferguson, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 6/25/2020. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020. (jlf) Modified on 6/26/2020 (jd).
June 9, 2020 Opinion or Order Filing 184 REVISED SCHEDULING ORDER: On or before June 23, 2020, Plaintiff and Defendants shall provide written notice to the other (i) identifying specifically each written discovery request that he or she believes the opposing party has failed to respond properly and (ii) succinctly identifying the deficiency(ies) to be addressed. On or before July 7, 2020, each party shall respond specifically to the other party's notice of deficiencies and, where appropriate and consistent with the instructions of the Court during the status conference, cure any deficiencies by providing the requested information or documents (without extraneous information or argument) or by stating any proper objection. On or before July 21, 2020, any party may file a concise motion to compel discovery raising any deficiency noticed to the opposing party that he or she believes has not been cured. Telephonic/Video Status Conference set for 10/26/2020 10:00 AM before Magistrate Judge Richard A. Lanzillo. (Connection instructions will be provided by separate email.) Signed by Magistrate Judge Richard A. Lanzillo on 6/9/2020. (dm)
June 8, 2020 Filing 183 Minute Entry for proceedings held before United States Magistrate Judge Richard A. Lanzillo: Video Mid-Discovery Status Conference held on 6/8/2020. (Court Reporter: Janis Ferguson) (jbh)
May 17, 2020 FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
April 28, 2020 Filing 182 Minute Entry for proceedings held before United States Magistrate Judge Richard A. Lanzillo: Telephonic Mid-discovery Status Conference held on 4/28/2020. (Court Reporter: Janis Ferguson) (jbh)
April 26, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
March 28, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 25, 2020 Filing 181 AMENDED ORDER re 180 Order on Motion for Protective Order. The Court's prior order [ECF No. 180] on Defendant Hagmann's Motion for a Protective Order is amended as follows: Upon consideration of Defendant Hagmann's Motion for Protective Order and Plaintiff's response thereto, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff is precluded from disclosing or otherwise utilizing any privileged communications contained in the document inadvertently emailed by counsel for Hagmann to Plaintiff on February 18, 2020, in this matter or for any other purpose. This Order applies only to the content of the communications between Hagmann and his counsel and nothing herein shall be construed to apply to any fact or facts otherwise properly discoverable and discovered by Plaintiff by other means. Signed by United States Magistrate Judge Richard A. Lanzillo on March 25, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
March 22, 2020 Opinion or Order Filing 180 ORDER granting #178 Motion for Protective Order. Upon consideration of Defendant Hagmann's Motion for Protective Order and Plaintiff's response thereto, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff is precluded from disclosing or otherwise utilizing any privileged communications contained in the document inadvertently emailed by counsel for Hagmann to Plaintiff on February 18, 2020, in this matter or for any other purpose. This Order applies only to the content of the communications by counsel for Hagmann to Hagmann and nothing herein shall be construed to apply to any fact or facts otherwise properly discoverable and discovered by Plaintiff by other means. Signed by United States Magistrate Judge Richard A. Lanzillo on March 22, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
March 20, 2020 Filing 179 RESPONSE IN OPPOSITION to Defendant Hagmann's Protective Order filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order) (Peschmann, Marinka)
March 20, 2020 Filing 178 MOTION for Protective Order by DOUGLAS HAGMANN. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit) (Agresti, Michael)
February 24, 2020 NOTICE of Hearing: Follow-up Discovery Status Conference set for 4/28/2020 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. This Status Conference will be telephonic, and Attorney Rosen is instructed to initiate the call by contacting chambers at 814-464-9610 once he has Plaintiff on the line. Text-only entry. (dm)
February 20, 2020 Filing 177 Minute Entry for proceedings held before Magistrate Judge Richard A. Lanzillo: Status Conference held on 2/20/2020. Mid-discovery status conference conducted with the parties; follow up discovery status conference to be scheduled in late April or early May of 2020. (Court Reporter: Janis Ferguson) (dm)
January 29, 2020 Filing 176 REPORT of Mediation: Case has not been resolved. ROGER H. TAFT terminated. Attorney Roger H. Taft terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 1/29/2020. (Taft, Roger)
January 9, 2020 Opinion or Order Filing 175 ORDER granting #173 Motion for Defendant to appear via telephone during mediation. Based upon the representations of counsel that Mr. Quayle "suffers from a serious ailment" that places an undue burden on him to travel from Boseman, Montana, to attend the mediation in Erie, the Court finds good cause to excuse Mr. Quayle's personal attendance at the mediation. Accordingly, Mr. Quayle is hereby authorized to attend and participate in the mediation by telephone or video conference as determined by Mediator Taft. Further, this accommodation is granted with the express understanding that the adjuster/consultant for Mr. Quayle's insurance carrier, Nationwide Insurance, will attend the mediation in person. Counsel shall advise Mr. Quayle that this accommodation in no way excuses him from fully participating in the mediation for its entire duration by whatever means Mediator Taft shall determine. All parties and counsel are reminded of their obligation to participate in the mediation in good faith. To the extent Mr. Quayle's attendance by telephone or video conference results in any additional expense in the conduct of the mediation, this expense shall be borne by Mr. Quayle. Signed by Magistrate Judge Richard A. Lanzillo on 1/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
January 7, 2020 Filing 174 BRIEF in Support re #173 Motion to appear via telephone during mediation filed by STEPHEN QUAYLE. (Rosen, Bruce )
January 7, 2020 Filing 173 MOTION for Defendant to appear via telephone during mediation by STEPHEN QUAYLE. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order) (Rosen, Bruce )
January 6, 2020 Filing 172 Notice of Mediation by ROGER H. TAFT. Mediation Date January 29, 2020 / 9:30 a.m. (Taft, Roger)
December 16, 2019 Opinion or Order Filing 171 ORDER: The Court hereby appoints Attorney Roger H. Taft to serve as mediator in this action. The mediation shall be conducted on or before January 31, 2020, at the Offices of MacDonald Illig Jones and Britton, 100 State Street, Erie, PA 16507. In accordance with the ADR Policies and Procedures of U.S. District Court for the Western District of Pennsylvania, the parties are responsible for the payment of Attorney Taft's fees for services in connection with the mediation, which fees the Court understands will be calculated at the hourly rate of $390.00. Pursuant to the parties' stipulation selecting ADR, Attorney Taft's fees shall be allocated as follows: Plaintiff 25%, Defendant Quayle 50%, Defendant Hagmann 25%. Signed by Magistrate Judge Richard A. Lanzillo on 12/16/2019. (dm)
December 9, 2019 Filing 170 Per the status conference held with the Parties on December 4, 2019, it is hereby ORDERED that Plaintiff's Motion for Appointment of Mediator [ECF No. 162] is denied as moot. Signed by United States Magistrate Judge Richard A. Lanzillo on December 9, 2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
December 4, 2019 Filing 169 Minute Entry for proceedings held before Magistrate Judge Richard A. Lanzillo: Status Conference held on 12/4/2019. Professor Charles Glasser also participated in status conference as mediator. Court granted Plaintiff's request for new mediator; Court excused Professor Glasser and thanked him for his service; Appropriate order to follow. (Court Reporter: Janis Ferguson) (dm)
December 3, 2019 Filing 168 REPLY to Response to Motion re #162 Motion for Miscellaneous Relief filed by MARINKA PESCHMANN. (Peschmann, Marinka)
December 2, 2019 Opinion or Order Filing 167 DISCOVERY CONFIDENTIALITY ORDER Signed by Magistrate Judge Richard A. Lanzillo on 12/2/2019. (dm)
November 27, 2019 Filing 166 RESPONSE IN OPPOSITION to #162 Motion for Miscellaneous Relief, filed by DOUGLAS HAGMANN, STEPHEN QUAYLE. (Rosen, Bruce )
November 27, 2019 Opinion or Order Filing 165 ORDER Striking #164 Response in Opposition filed by DOUGLAS HAGMANN, STEPHEN QUAYLE. The Court has previously advised counsel that the Court does not accept correspondence unless specifically requested, see ECF No. 149. Because Defendants' Response in Opposition to Plaintiff's Motion (ECF No. 162) is in the form of a letter, that response will be stricken from the docket. Defendants are ordered to file a proper response, consistent with this chambers procedures, on or before December 3, 2019. Signed by Magistrate Judge Richard A. Lanzillo on 11/27/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
November 27, 2019 Filing 164 RESPONSE IN OPPOSITION to #162 Motion for Miscellaneous Relief, filed by DOUGLAS HAGMANN, STEPHEN QUAYLE. (Rosen, Bruce )
November 27, 2019 Opinion or Order Filing 163 ORDER Response/Briefing Schedule re #162 Motion Seeking Court Appointed Neutral. Response to Motion due by 12/3/2019. The Court will hear argument on the motion, if appropriate, at the time of the scheduled Status Conference on 12/4/2019 at 11:00 a.m. Signed by Magistrate Judge Richard A. Lanzillo on 11/27/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
November 26, 2019 Filing 162 MOTION by MARINKA PESCHMANN. Motion(s) referred to Richard A. Lanzillo. (Peschmann, Marinka)
November 26, 2019 Opinion or Order Filing 161 ORDER A Telephonic Status Conference is scheduled for 12/4/2019 at 11:00 AM before Magistrate Judge Richard A. Lanzillo to discuss the parties' efforts to schedule and complete their ADR obligation. The parties should make reasonable efforts to arrange for Mr. Glasser to participate in the call. Attorney Rosen is instructed to initiate the call by contacting chambers at 814-464-9610 at the above date and time, once he has all parties on the line. Signed by Magistrate Judge Richard A. Lanzillo on 11/26/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
November 22, 2019 Filing 160 Proposed Order by STEPHEN QUAYLE. (Attachments: #1 Letter to Judge Lanzillo) (Rosen, Bruce )
November 22, 2019 Filing 159 Notice of Early Neutral Evaluation by Charles J. Glasser, Jr. Early Neutral Evaluation Date 12/12/2019 at 10:00 a.m. (dm)
November 21, 2019 Filing 158 Errata re #151 Report of Rule 26(f) Planning Meeting by STEPHEN QUAYLE. Reason for Correction: document needed signatures and not /s/. (Rosen, Bruce )
November 13, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #151 Report of Rule 26(f) Planning Meeting. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (jm)
November 12, 2019 Opinion or Order Filing 156 ORDER REFERRING CASE to Mediation. Charles J. Glasser, Jr. is appointed as mediator. Party Charles J. Glasser, Jr added. Signed by Magistrate Judge Richard A. Lanzillo on 11/12/2019. (dm)
November 12, 2019 Opinion or Order Filing 155 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 11/12/2019; Discovery due by 6/1/2020; Plaintiff Expert Reports due by 7/1/2020; Defendant Expert Reports due by 7/31/2020; Plaintiff's Expert Depositions to be completed by 8/15/2020; Defendant Expert Depositions to be completed by 9/11/2020; Telephonic Mid-Discovery Status Conference set for 2/20/2020 at 10:30 AM before Magistrate Judge Richard A. Lanzillo. Post-Discovery Status Conference set for 6/8/2020 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. Signed by Magistrate Judge Richard A. Lanzillo on 11/12/2019. (dm)
November 12, 2019 Filing 154 Minute Entry for proceedings held before Magistrate Judge Richard A. Lanzillo: Initial Case Management Conference held on 11/12/2019. Conference conducted; discovery deadlines discussed and mediation appointment discussed; case management order to follow. (Court Reporter: Janis Ferguson) (dm)
November 11, 2019 Opinion or Order Filing 153 ORDER regarding Initial Case Management Conference scheduled for November 12, 2019 at 9:00 AM. Attorney Bruce S. Rosen, counsel for Defendant Stephen Quayle and Ms. Marinka Peschmann, pro se, have been granted permission to appear via telephone. Attorney Rosen is directed to coordinate and initiate the conference call by having Ms. Peschmann on the line and then calling Chambers at (814) 464-9610 at the appointed time. Signed by United States Magistrate Judge Richard A. Lanzillo on November 11, 2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
November 8, 2019 Filing 152 STIPULATION selecting ADR process by STEPHEN QUAYLE. (Rosen, Bruce )
November 8, 2019 Filing 151 REPORT of Rule 26(f) Planning Meeting. (Rosen, Bruce )
November 1, 2019 Opinion or Order Filing 149 ORDER The Court is in receipt of correspondence from counsel for Defendant Quayle advising of the parties' selection of mediation as their form of mandatory alternative dispute resolution and selection of the neutral for the mediation. All parties and counsel are reminded that Judge Lanzillo does not accept correspondence or faxes unless he specifically requests them (e.g., confidential settlement position statements). Requests for relief should be in the form of a motion. Judge Lanzillo's chambers procedures are available on the Court's website at https://www.pawd.uscourts.gov/sites/pawd/files/Lanzillo_General_Practice_Procedures3.pdf. All parties and counsel are further instructed to familiarize themselves with the ADR Policies and Procedures for the U.S. District Court for the Western District of Pennsylvania. These Policies and Procedures are also available on the Court's website at https://www.pawd.uscourts.gov/sites/pawd/files/ADR_Policies_and_Procedures_112818.pdf. The Court will discuss the selection of the mediator, ECF filer requirements (see section 2.5 of the Policies and Procedures), scheduling and other matters pertinent to the mediation during the Initial Case Management Conference scheduled for Tuesday, November 12, 2019 at 9:00 AM. Signed by Magistrate Judge Richard A. Lanzillo on 11/01/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lanzillo, Richard)
October 30, 2019 Opinion or Order Filing 148 ORDER directing parties to file their Rule 26 Meeting Report by 11/8/2019. Signed by Magistrate Judge Richard A. Lanzillo on 10/30/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
October 29, 2019 Filing 147 ANSWER to #103 Amended Complaint by STEPHEN QUAYLE. (Rosen, Bruce )
October 29, 2019 Filing 146 ANSWER to #103 Amended Complaint by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
October 18, 2019 Filing 145 BRIEF in Opposition re #140 Motion for Reconsideration, #138 Motion for Reconsideration filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order) (Peschmann, Marinka)
October 15, 2019 Opinion or Order Filing 144 ORDER granting #141 Motion for Extension of Time to Answer. DOUGLAS HAGMANN answer due 10/29/2019; STEPHEN QUAYLE answer due 10/29/2019. Initial Case Management Conference rescheduled for Tuesday, November 12, 2019 at 9:00 a.m. Signed by Magistrate Judge Richard A. Lanzillo on 10/15/2019. (dm)
October 15, 2019 Set/Reset Hearings: Initial Case Management Conference set for 11/12/2019 at 09:00 AM before Magistrate Judge Richard A. Lanzillo. (dm)
October 14, 2019 Filing 143 STIPULATION by MARINKA PESCHMANN. (Peschmann, Marinka)
October 11, 2019 Filing 142 BRIEF in Support re #141 Motion for Extension of Time to File Answer filed by DOUGLAS HAGMANN, STEPHEN QUAYLE. (Rosen, Bruce )
October 11, 2019 Filing 141 MOTION for Extension of Time to File Answer by DOUGLAS HAGMANN, STEPHEN QUAYLE. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order) (Rosen, Bruce )
October 10, 2019 Filing 140 MOTION for Reconsideration re #134 Memorandum Opinion & Order,,, by DOUGLAS HAGMANN. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Agresti, Michael)
October 10, 2019 Filing 139 BRIEF in Support re #138 Motion for Reconsideration filed by STEPHEN QUAYLE. (Rosen, Bruce )
October 10, 2019 Filing 138 MOTION for Reconsideration by STEPHEN QUAYLE. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order, #2 Declaration of Bruce S. Rosen, with Exhibits) (Rosen, Bruce )
October 2, 2019 Filing 137 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference is hereby set for Tuesday, 10/29/2019 at 02:00 PM in Room A-280 before United States Magistrate Judge Richard A. Lanzillo. The Parties' Rule 26 Meeting is to be conducted on or before 10/18/2019. The Parties' Rule 26 Meeting Report is due by 10/23/2019. ORDER: DOUGLAS HAGMANN answer due 10/15/2019; STEPHEN QUAYLE answer due 10/15/2019. Signed by United States Magistrate Judge Richard A. Lanzillo on October 2, 2019. (jbh)
September 30, 2019 Opinion or Order Motions terminated: #129 OBJECTIONS to Mag. Judge Order re #123 Order on Motion to Strike, by DOUGLAS HAGMANN filed by DOUGLAS HAGMANN; #126 OBJECTIONS to Mag. Judge Order re #123 Order on Motion to Strike, by STEPHEN QUAYLE filed by STEPHEN QUAYLE. Signed by Judge Susan Paradise Baxter on 09/30/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa)
September 30, 2019 Opinion or Order Filing 136 ORDER: AND NOW, this 30th day of September, 2019; Following a review of the motions, Judge Lanzillo's Order, and the Objections, IT IS HEREBY ORDERED the Objections #126 , #129 are denied as nothing in Judge Lanzillo's Order of 08/13/19 #123 is either clearly erroneous or contrary to law. See Fed.R.Civ.P. 72(a). Signed by Judge Susan Paradise Baxter on 09/30/19. (esa)
September 30, 2019 Opinion or Order Filing 135 ORDER: AND NOW, this 30th day of September, 2019, IT IS HEREBY ORDERED that the John Doe Defendants 1-20 are dismissed because Plaintiff has failed to identify and serve said Defendants within ninety (90) days of the filing of the complaint, in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of Courts is directed to terminate these Defendants from this action. Signed by Judge Susan Paradise Baxter on 09/30/19. (esa)
September 30, 2019 Opinion or Order Filing 134 MEMORANDUM ORDER: IT IS ORDERED that #106 Motion to Dismiss for Failure to State a Claim by Defendant Stephen Quayle and #108 Motion to Dismiss for Failure to State a Claim by Defendant Douglas Hagmann are GRANTED in part and DENIED in part. See Order for further details. IT IS FURTHER ORDERED that because no further amendment will cure the defects in counts dismissed as all factual allegations in this saga have been made and reiterated, and because any further attempts at curative amendments will cause undue delay in an already four year-old case, any request to amend the Second Amended Complaint at this time are hereby DENIED. IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Lanzillo issued on 08/13/19 #124 is adopted as the opinion of the Court as modified by this Order. Signed by Judge Susan Paradise Baxter on 09/30/19.
September 10, 2019 Filing 133 RESPONSE IN OPPOSITION to #127 Objections to Report and Recommendation, filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
September 10, 2019 Filing 132 OBJECTIONS to by MARINKA PESCHMANN. (Peschmann, Marinka)
September 10, 2019 Filing 131 OBJECTIONS to by MARINKA PESCHMANN. (Peschmann, Marinka)
September 10, 2019 Filing 130 RESPONSE by Defendant Stephen Quayle to Plaintiff's Objections to Magistrate Judge Lanzillo's August 31, 2019 Report and Recommendation to #127 Objections to Report and Recommendation, filed by STEPHEN QUAYLE. (Rosen, Bruce )
August 27, 2019 Filing 129 OBJECTIONS to Mag. Judge Order re #123 Order on Motion to Strike,, by DOUGLAS HAGMANN filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
August 27, 2019 Filing 128 OBJECTIONS to #124 Report and Recommendation filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
August 27, 2019 Filing 127 OBJECTIONS to #124 Report and Recommendation filed by MARINKA PESCHMANN. (Peschmann, Marinka)
August 27, 2019 Filing 126 OBJECTIONS to Mag. Judge Order re #123 Order on Motion to Strike,, by STEPHEN QUAYLE filed by STEPHEN QUAYLE. (Rosen, Bruce )
August 27, 2019 Filing 125 OBJECTIONS to #124 Report and Recommendation on Defendant Stephen Quayle's Motion to Dismiss filed by STEPHEN QUAYLE. (Rosen, Bruce )
August 13, 2019 Filing 124 REPORT AND RECOMMENDATION re #108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DOUGLAS HAGMANN, #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STEPHEN QUAYLE. It is respectfully recommended that the Defendants' Motions to Dismiss [ECF No. 106, ECF No. 108] be GRANTED in part and DENIED in part. Objections to R&R due by 8/27/2019 Signed by Magistrate Judge Richard A. Lanzillo on 8/13/2019. (dm)
August 13, 2019 Opinion or Order Filing 123 ORDER denying #114 Motion to Strike ; denying #116 Motion to Strike. Signed by Magistrate Judge Richard A. Lanzillo on 8/13/2019. (dm)
February 19, 2019 Filing 122 BRIEF in Support re #116 Motion to Strike filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
February 19, 2019 Filing 121 REPLY BRIEF re #114 Motion to Strike filed by STEPHEN QUAYLE. (Rosen, Bruce )
February 11, 2019 Filing 120 BRIEF in Opposition re #114 Motion to Strike, #116 Motion to Strike filed by MARINKA PESCHMANN. (Attachments: #1 Exhibit, #2 Proposed Order) (Peschmann, Marinka)
January 22, 2019 Filing 119 BRIEF in Opposition re #114 Motion to Strike filed by MARINKA PESCHMANN. (Attachments: #1 Exhibit, #2 Proposed Order) (Peschmann, Marinka)
January 22, 2019 Opinion or Order Filing 118 ORDER re #114 Motion to Strike filed by Defendant STEPHEN QUAYLE, #116 Motion to Strike filed by Defendant DOUGLAS HAGMANN. Plaintiff MARINKA PESCHMANN'S Response to Motions to Strike due by 2/11/2019; Defendants' Reply to Plaintiff's Response due by 2/19/2019). Signed by Magistrate Judge Richard A. Lanzillo on January 22, 2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
January 22, 2019 Filing 117 REPLY BRIEF filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
January 22, 2019 Filing 116 MOTION to Strike by DOUGLAS HAGMANN. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Agresti, Michael)
January 14, 2019 Filing 115 BRIEF in Support re #114 Motion to Strike filed by STEPHEN QUAYLE. (Rosen, Bruce )
January 14, 2019 Filing 114 MOTION to Strike by STEPHEN QUAYLE. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order) (Rosen, Bruce )
January 14, 2019 Filing 113 REPLY BRIEF re #106 Motion to Dismiss for Failure to State a Claim, filed by STEPHEN QUAYLE. (Rosen, Bruce )
December 31, 2018 Filing 112 BRIEF in Opposition re #108 Motion to Dismiss for Failure to State a Claim, #106 Motion to Dismiss for Failure to State a Claim, filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order) (Peschmann, Marinka)
December 31, 2018 Filing 111 BRIEF in Opposition re #106 Motion to Dismiss for Failure to State a Claim, #108 Motion to Dismiss for Failure to State a Claim filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Affidavit, #12 Affidavit, #13 Affidavit) (Peschmann, Marinka)
December 11, 2018 Opinion or Order Filing 110 ORDER Response/Briefing Schedule re #108 Motion to Dismiss for Failure to State a Claim, #106 Motion to Dismiss for Failure to State a Claim, Brief in Opposition due by 12/31/2018; Signed by Magistrate Judge Richard A. Lanzillo on 12/11/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
December 10, 2018 Filing 109 BRIEF in Support re #108 Motion to Dismiss for Failure to State a Claim filed by DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
December 10, 2018 Filing 108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DOUGLAS HAGMANN. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Agresti, Michael)
December 10, 2018 Filing 107 BRIEF in Support re #106 Motion to Dismiss for Failure to State a Claim, filed by STEPHEN QUAYLE. (Rosen, Bruce )
December 10, 2018 Filing 106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by STEPHEN QUAYLE. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order, #2 Declaration of Bruce S. Rosen, Esq., #3 Exhibit A to Declaration of Bruce S. Rosen, Esq., #4 Exhibit B-E to Declaration of Bruce S. Rosen, Esq., #5 Exhibit F-G to Declaration of Bruce S. Rosen, Esq.) (Rosen, Bruce )
December 10, 2018 Opinion or Order Filing 105 ORDER granting #104 Motion for Extension of Time. Signed by Magistrate Judge Richard A. Lanzillo on December 10, 2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
December 7, 2018 Filing 104 Stipulation for Extension of Time to Answer by DOUGLAS HAGMANN, STEPHEN QUAYLE Answer due from DOUGLAS HAGMANN on 12/10/2018; STEPHEN QUAYLE on 12/10/2018. (Rosen, Bruce ) Modified text on 12/10/2018. (dm)
October 1, 2018 Filing 103 Second AMENDED COMPLAINT against DOUGLAS HAGMANN, STEPHEN QUAYLE, DOES 1-20; filed by MARINKA PESCHMANN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Peschmann, Marinka) Modified on 10/2/2018. (jd)
September 27, 2018 Opinion or Order Filing 102 ORDER REFERRING CASE to Magistrate Judge Richard A. Lanzillo for all pretrial proceedings. All previously scheduled deadlines and proceedings shall remain in effect unless otherwise ordered by the Court. See order at 1:18-mc-51. Signed by Chief Judge Joy Flowers Conti on 9/24/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
September 18, 2018 Opinion or Order Filing 101 ORDER REASSIGNING CASE. Case reassigned to Judge Susan Paradise Baxter for all further proceedings. Magistrate Judge Susan Paradise Baxter and Judge Cathy Bissoon no longer assigned to case. All previously scheduled deadlines and proceedings shall remain in effect unless otherwise ordered by the Court. See order at 1:18-mc-50. Signed by Chief Judge Joy Flowers Conti on 9/17/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
August 13, 2018 Opinion or Order Filing 100 TEXT ORDER that the motions to dismiss #82 and #84 are dismissed without prejudice to be re-asserted against the Second Amended Complaint, per hearing and Order #99 filed this date. Signed by Magistrate Judge Susan Paradise Baxter on 8/13/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
August 13, 2018 Opinion or Order Filing 99 ORDER, that Plaintiff shall be allowed to file a Second Amended Complaint by October 1, 2018. IT IS FURTHER ORDERED that the motions to dismiss #82 and #84 are dismissed without prejudice to be re-asserted against the Second Amended Complaint. IT IS FURTHER ORDERED that answers and/or motions to dismiss are due by December 7, 2018; oppositions to motions to dismiss are due by January 7, 2019; and reply briefs are due January 22, 2019. IT IS FURTHER ORDERED that ECF No. #97 be stricken from the docket, without prejudice. Signed by Magistrate Judge Susan Paradise Baxter on 8/13/18. (lrw)
August 13, 2018 Filing 98 Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Telephonic Status Conference held on 8/13/2018. Order to follow. (Court Reporter: Janis Ferguson) (lrw)
August 13, 2018 Filing 97 NOTICE Two related cases have been settled by MARINKA PESCHMANN (Attachments: #1 Exhibit) (Peschmann, Marinka)
August 9, 2018 Opinion or Order Filing 96 TEXT ORDER, Telephonic Status Conference set for 8/13/2018 at 2:00 PM before Magistrate Judge Susan Paradise Baxter. Michael Agresti, Esq., is directed to make arrangements for all parties to participate by conference call on the above date and time. Signed by Magistrate Judge Susan Paradise Baxter on 8/9/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
February 20, 2018 Filing 95 REPLY BRIEF re #84 Motion to Dismiss for Failure to State a Claim filed by DOUGLAS HAGMANN. (Agresti, Michael)
February 20, 2018 Filing 94 REPLY BRIEF re #82 Motion to Dismiss for Failure to State a Claim, filed by STEPHEN QUAYLE. (Rosen, Bruce )
February 5, 2018 Filing 93 AFFIDAVIT in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARINKA PESCHMANN. (Peschmann, Marinka)
February 5, 2018 Filing 92 AFFIDAVIT in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARINKA PESCHMANN. (Attachments: #1 Affidavit, #2 Affidavit) (Peschmann, Marinka)
February 5, 2018 Filing 91 AFFIDAVIT in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARINKA PESCHMANN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Peschmann, Marinka)
February 5, 2018 Filing 90 AFFIDAVIT in Opposition re #84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARINKA PESCHMANN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Peschmann, Marinka)
February 5, 2018 Filing 89 BRIEF in Opposition re #84 Motion to Dismiss for Failure to State a Claim filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order) (Peschmann, Marinka)
February 5, 2018 Filing 88 BRIEF in Opposition re #82 Motion to Dismiss for Failure to State a Claim, filed by MARINKA PESCHMANN. (Attachments: #1 Proposed Order) (Peschmann, Marinka)
January 4, 2018 Opinion or Order Filing 87 TEXT ORDER clarifying that Plaintiff's opposition to motions to dismiss and/or an amended complaint to cure procedural deficiencies is due February 5, 2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/4/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css)
January 4, 2018 Opinion or Order Filing 86 ORDER Response/Briefing Schedule re #84 Motion to Dismiss for Failure to State a Claim, #82 Motion to Dismiss for Failure to State a Claim: Plaintiff's Response to Motion due by 2/5/2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/4/18. (lrw)
December 15, 2017 Filing 85 BRIEF in Support re #84 Motion to Dismiss for Failure to State a Claim filed by DOUGLAS HAGMANN. (Agresti, Michael)
December 15, 2017 Filing 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DOUGLAS HAGMANN. Motion(s) referred to Susan Paradise Baxter. (Attachments: #1 Proposed Order) (Agresti, Michael)
December 15, 2017 Filing 83 BRIEF in Support re #82 Motion to Dismiss for Failure to State a Claim, filed by STEPHEN QUAYLE. (Rosen, Bruce )
December 15, 2017 Filing 82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by STEPHEN QUAYLE. Motion(s) referred to Susan Paradise Baxter. (Attachments: #1 Proposed Order, #2 Declaration of Stephen Quayle, #3 Exhibit A to Stephen Quayle's Declaration, #4 Declaration of Bruce S. Rosen, Esq., with Exhibits) (Rosen, Bruce )
November 30, 2017 Opinion or Order Filing 81 TEXT ORDER granting #77 Motion for Bruce Rosen, Esq. to Appear Pro Hac Vice. Signed by Magistrate Judge Susan Paradise Baxter on 11/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
November 29, 2017 Filing 80 Errata re #77 Motion to Appear Pro Hac Vice by STEPHEN QUAYLE. Reason for Correction: Bruce Rosen's Certificate of Good Standing is from the U.S. District Court for the District of New Jersey, not the State of New Jersey. (Rosen, Bruce )
November 6, 2017 Filing 79 Proposed Order re #77 Motion to Appear Pro Hac Vice by STEPHEN QUAYLE. (Rosen, Bruce )
November 6, 2017 Filing 78 Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Status Conference held on 11/6/2017. Motion to Dismiss due by 12/15/2017. Response to Motion due by 1/12/2018. Reply to Response due by 1/26/2018. (Court Reporter: Ron Bench) (lrw)
November 6, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #77 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (dm)
November 6, 2017 Case Reassigned to Judge Cathy Bissoon, presiding and Magistrate Judge Susan Paradise Baxter, referral. Motions referred to Susan Paradise Baxter. (dm)
November 3, 2017 Filing 77 MOTION for attorney Bruce S. Rosen to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4519813) by DOUGLAS HAGMANN, STEPHEN QUAYLE. (Attachments: #1 Affidavit of Bruce S. Rosen, Esq.) (Rosen, Bruce )
November 3, 2017 Filing 76 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DOUGLAS HAGMANN, STEPHEN QUAYLE. (Rosen, Bruce )
November 2, 2017 Filing 75 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DOUGLAS HAGMANN. (Agresti, Michael)
November 2, 2017 Filing 74 NOTICE of Appearance by Michael A. Agresti on behalf of DOUGLAS HAGMANN. (Attachments: #1 Certificate of Service) (Agresti, Michael)
October 13, 2017 Filing 73 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by MARINKA PESCHMANN. (Peschmann, Marinka)
October 3, 2017 Opinion or Order Filing 72 TEXT ORDER, Status Conference via telephone set for 11/6/2017 at 11:00 AM before Magistrate Judge Susan Paradise Baxter. Plaintiff is directed to make arrangements for all parties to participate by conference call on the above date and time. Signed by Magistrate Judge Susan Paradise Baxter on 10/3/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
October 3, 2017 Opinion or Order Filing 71 TEXT ORDER, all parties' Willingness to proceed before Magistrate Judge due by 10/13/2017. Signed by Magistrate Judge Susan Paradise Baxter on 10/3/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)
October 2, 2017 Filing 70 Case transferred in from District of New York Southern; Case Number 1:15-cv-09504. Original file certified copy of transfer order and docket sheet received.
October 2, 2017 Magistrate Judge Susan Paradise Baxter added. (dm)
September 25, 2017 Mailed a copy of #69 Order on Motion to Dismiss to Marinka Peschmann, P.O. Box 45094, Port Credit Mississauga, Ontario LSG 4S7 Canada by Certified Mail # 7016 3010 0000 2429 4414 with Return Receipt Requested. (rro)
September 22, 2017 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Pennsylvania (cf)
September 22, 2017 Opinion or Order Filing 69 ORDER terminating #45 Motion to Dismiss; terminating #53 Motion to Dismiss. For the reasons stated above, the claims against Defendants BTR and Cinchcast are dismissed with prejudice. As to the claims against Defendants Hagmann and Quayle, in lieu of dismissal, the Clerk of the Court is directed to transfer these claims to the United States District Court for the Western District of Pennsylvania. The Clerk of the Court is further directed to terminate the motions (Dkt. Nos. 45, 53) and to close this case. (Signed by Judge Paul G. Gardephe on 9/22/2017) (cf)
August 22, 2017 Filing 68 PROOF OF SERVICE of Letter to the Hon. Paul Gardephe Re: Notice of Filing Email etc. served on Bruce Rosen, Jane Arnone on 8/21/17. Document filed by Marinka Peschmann. (sc)
August 22, 2017 Filing 67 NOTICE FILING E-MAIL WITH ATTACHMENT FROM DEFENDANT STEPHEN QUAYLE'S LITIGATION ADJUSTER. Document filed by Marinka Peschmann. (sc)
January 18, 2017 Filing 66 LETTER from Marinka Peschmann, dated 1/9/17 re: Plaintiff submits this letter to the Court with attached proof of service with her letter to the Honorable Paul Gardephe dated 1/9/17(as indicated) which was faxed to his chambers and emailed to Counsel of record. Document filed by Marinka Peschmann.(sc)
January 10, 2017 Filing 65 LETTER addressed to Judge Paul G. Gardephe from Bruce Rosen dated January 10, 2017 re: pro se Plaintiff Marinka Peschmann's January 9, 2017 letter. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
January 7, 2017 Filing 64 REPLY AFFIRMATION of Jane W. Arnone in Support re: #53 AMENDED MOTION to Dismiss [to correct deficiencies per Court docket entry].. Document filed by BlogTalkRadio, Inc., Cinchcast, Inc.. (Arnone, Jane)
January 6, 2017 Filing 63 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6). . Document filed by Douglas Hagmann, Stephen Quayle. (Rosen, Bruce)
December 30, 2016 Filing 62 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS; re: #53 AMENDED MOTION to Dismiss [to correct deficiencies per Court docket entry]. Document filed by Marinka Peschmann. (sc)
December 30, 2016 Filing 61 DECLARATION of Marinka Peschmann OF PLAINTIFF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS; re: #53 AMENDED MOTION to Dismiss [to correct deficiencies per Court docket entry]. Document filed by Marinka Peschmann. (Attachments: #1 Exhibit)(sc)
December 30, 2016 Filing 60 LETTER addressed to Judge Paul G. Gardephe from Marinka Peschmann, dated 12/27/16 re: Plaintiff requests that the Court grant her an extension of time to file her Opposition to Defendants' Motion to Dismiss from 12/30/16 to 1/16/17. Document filed by Marinka Peschmann.(sc)
December 27, 2016 Filing 59 LETTER addressed to Judge Paul G. Gardephe from Bruce S. Rosen, Esq. dated 12/27/2016 re: in response to Plaintiff's 12/27/2016 letter. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
December 21, 2016 Filing 58 LETTER addressed to Judge Paul G. Gardephe from Bruce Rosen dated December 21, 2016 re: Plaintiff Marinka Peschmann's letter dated 12/2/16 (Doc No. 55). Document filed by Douglas Hagmann, Stephen Quayle. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rosen, Bruce)
December 9, 2016 Filing 57 DECLARATION of Marinka Peschmann REGARDING NOTICE OF REJECTION/ DEFENDANTS' NAMES ARE NOT "STEVEN QUAYLE" OR "DOUGLAS HAGMANN." Document filed by Marinka Peschmann. (sc)
December 9, 2016 Filing 56 NOTICE OF REJECTION; re: Exhibit A(Declaration of Stephen Quayle and Exhibit B(Declaration of Douglas Hagmann). Document filed by Marinka Peschmann. (sc)
December 9, 2016 Filing 55 LETTER from Marinka Peschmann, dated 12/2/16 re: NOTICE OF REJECTION. Document filed by Marinka Peschmann.(sc)
November 16, 2016 Filing 54 MEMORANDUM OF LAW in Support re: #53 AMENDED MOTION to Dismiss [to correct deficiencies per Court docket entry]. . Document filed by BlogTalkRadio, Inc., Cinchcast, Inc.. (Arnone, Jane)
November 16, 2016 Filing 53 AMENDED MOTION to Dismiss [to correct deficiencies per Court docket entry]. Document filed by BlogTalkRadio, Inc., Cinchcast, Inc..(Arnone, Jane)
November 16, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jane Weisbecker Arnone to RE-FILE Document #50 MOTION to Dismiss (in accordance with DKT. No. 44). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
November 7, 2016 Filing 52 PROOF SERVICE of Request for a Time Extension/First Request, served on Bruce Rosen on 11/1/16. Service was made by fax/Mail. Document filed by Marinka Peschmann. (sc)
November 4, 2016 Filing 51 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Marinka Peschmann dated 11/1/2016 re: Request for an extension of time. ENDORSEMENT: The Application for an extension of time is granted. Plaintiff's opposition is due Dec. 30, 2016. Defendants reply is due January 16, 2017. (Responses due by 12/30/2016, Replies due by 1/16/2017.) (Signed by Judge Paul G. Gardephe on 11/4/2016) (cf)
October 31, 2016 Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (in accordance with DKT. No. 44). Document filed by BlogTalkRadio, Inc., Cinchcast, Inc.. (Attachments: #1 Memorandum of Law)(Arnone, Jane) Modified on 11/16/2016 (ldi).
October 31, 2016 Filing 49 AFFIRMATION of Alicyn B. Craig, Esq. in Support re: #45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6).. Document filed by Douglas Hagmann, Stephen Quayle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rosen, Bruce)
October 31, 2016 Filing 48 DECLARATION of Steven Quayle in Support re: #45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6).. Document filed by Douglas Hagmann, Stephen Quayle. (Rosen, Bruce)
October 31, 2016 Filing 47 DECLARATION of Douglas Hagmann in Support re: #45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6).. Document filed by Douglas Hagmann, Stephen Quayle. (Rosen, Bruce)
October 31, 2016 Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6). . Document filed by Douglas Hagmann, Stephen Quayle. (Rosen, Bruce)
October 31, 2016 Filing 45 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6). Document filed by Douglas Hagmann, Stephen Quayle. Responses due by 11/30/2016 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Rosen, Bruce)
September 21, 2016 Opinion or Order Filing 44 ORDER: A pretrial conference having been held by telephone on September 21, 2016, it is hereby ORDERED as follows: 1. Defendants shall serve and file any motion to dismiss by October 31, 2016. 2. Plaintiff shall answer the motion by November 30, 2016. 3. Defendants shall reply by December 16, 2016. (Motions due by 10/31/2016., Responses due by 11/30/2016, Replies due by 12/16/2016.) (Signed by Magistrate Judge James C. Francis on 9/21/2016) Copies Mailed By Chambers. (cf)
September 21, 2016 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/21/2016. (Bacchus, Michael)
September 12, 2016 Opinion or Order Filing 43 ORDER denying #14 Motion to Remand to State Court; denying #23 Motion to Remand to State Court. Plaintiff's amended motion to remand (Dkt. No. 23) is denied. The Clerk of the Court is instructed to terminate Docket Nos. 14 and 23. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/12/2016) (kl)
September 12, 2016 Opinion or Order Filing 42 ORDER granting #17 Motion for Extension of Time to Answer; granting #18 Motion for Extension of Time to Answer. For the reasons stated above, Defendant Cinchcast' s motion to vacate the entry of default is granted. The Clerk of the Court is instructed to vacate the entry of default (Dkt. No. 16) and to terminate the motions (Dkt. Nos. 17, 18). (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/10/2016) (kl)
September 12, 2016 Opinion or Order Filing 41 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/6/2016) (kl)
February 17, 2016 Opinion or Order Filing 39 STIPULATION AND ORDER EXTENDING PLAINTIFFS' TIME TO REPLY TO DEFENDANTS' OPPOSITION TO AMENDED MOTION TO REMAND: that the time within which Plaintiff Marinka Peschmann ("Plaintiff") may reply to the Defendant Stephen Quayle and Douglas Hagmann's ("Defendants") Opposition to Plaintiffs Amended Motion to Remand, is hereby extended up to and including March 4, 2016. Set Deadlines/Hearing as to #23 MOTION to Remand to State Court: Replies due by 3/4/2016. (Signed by Judge Paul G. Gardephe on 2/17/2016) (tn)
February 16, 2016 Filing 38 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #37 Memorandum of Law in Opposition to Motion, addressed to Judge Paul G. Gardephe from Bruce S. Rosen, Esq. dated February 16, 2016. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
February 12, 2016 Filing 37 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court., #23 MOTION to Remand to State Court. . Document filed by Douglas Hagmann, Stephen Quayle. (Attachments: #1 Declaration of Avrohom Charish)(Rosen, Bruce)
February 10, 2016 Opinion or Order Filing 36 STIPULATION AND ORDER EXTENDING DEFENDANT BLOGTALKRADIO, INC. AND CINCHCAST, INC.S' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that the time within which defendants Blogtalkradio, Inc. and Cinchcast, Inc. (collectively, "Defendants") may answer, move or otherwise respond to the First Amended Complaint (the "Amended Complaint", Doc. 27) of plaintiff Marinka Peschmann ("Plaintiff"), is hereby extended until ten (10) days after the Court issues a final order with respect to Plaintiff's Motion for Remand (Docs. 14, 23). No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve any and all defenses. There has been no previous request for an extension of time with respect to the Amended Complaint. SO ORDERED. (Motions terminated: #33 CONSENT LETTER MOTION for Extension of Time to File Answer re: #27 Amended Complaint addressed to Judge Paul G. Gardephe from Jane W. Arnone, Esq. dated February 1, 2016 filed by BlogTalkRadio, Inc., Cinchcast, Inc.) (Signed by Judge Paul G. Gardephe on 2/9/2016) (adc)
February 4, 2016 Filing 35 LETTER from Marinka Peschmann re: PROOF OF SERVICE/ AMENDED COMPLAINT. Document filed by Marinka Peschmann.(sc)
February 4, 2016 Filing 34 (Response)OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT; re: #18 AMENDED MOTION for Extension of Time to File Answer re: #17 MOTION for Extension of Time to File Answer or Other Response to Complaint; Motion to Vacate Default. Document filed by Marinka Peschmann. (sc)
February 1, 2016 Filing 33 CONSENT LETTER MOTION for Extension of Time to File Answer re: #27 Amended Complaint, addressed to Judge Paul G. Gardephe from Jane W. Arnone, Esq. dated February 1, 2016. Document filed by BlogTalkRadio, Inc., Cinchcast, Inc..(Arnone, Jane)
January 29, 2016 Opinion or Order Filing 32 ORDER: Plaintiff is hereby ORDERED to respond to Defendants' motion for an extension of time to file an answer and to vacate the entry of default (Dkt. No. 18) by February 5, 2016. Defendants are hereby ORDERED to respond to Plaintiff's motion to remand (Dkt. No. 23) by February 12, 2016. It is further ORDERED that the telephone conference in this action previously scheduled for February 1, 2016 is adjourned sine die. SO ORDERED. ( Responses due by 2/5/2016, Replies due by 2/12/2016.) (Signed by Judge Paul G. Gardephe on 1/29/2016) (ama)
January 27, 2016 Filing 31 LETTER from Marinka Peschmann, dated 1/20/16 re: PROOF OF SERVICE, LETTER TO THE HONORABLE PAUL G. GARDEPHE(Dated 1/19/16). Document filed by Marinka Peschmann.(sc)
January 26, 2016 Filing 30 LETTER addressed to Judge Paul G. Gardephe from Marinka Peschmann dated 1/15/16 re: Plaintiff requests that the Court grant her an extension of time to respond to the Motion to Vacate Default Judgment against Defendant Cinchcast, Inc. which was filed on behalf of Cinchcast's attorney, Jane W. Arnone, on 1/7/16. Document filed by Marinka Peschmann.(sc)
January 25, 2016 Opinion or Order Filing 29 ORDER. It is hereby ORDERED that the telephone conference in this action previously scheduled for January 26, 2016 is adjourned to February 1, 2016 at 6:00 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. SO ORDERED. (Telephone Conference set for 2/1/2016 at 06:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/25/2016) (adc)
January 19, 2016 Filing 28 LETTER addressed to Judge Paul G. Gardephe from Bruce S. Rosen, Esq. dated 1/19/2016 re: Response to Motion(s) to Remand. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
January 15, 2016 Filing 27 FIRST AMENDED COMPLAINT against BlogTalkRadio, Inc., Cinchcast, Inc., Does 1-20, Douglas Hagmann, Stephen Quayle with JURY DEMAND.Document filed by Marinka Peschmann. (Attachments: #1 main document, #2 main document, #3 main document, #4 main document, #5 main document, #6 main document, #7 main document, #8 main document, #9 main document)(sc) (Additional attachment(s) added on 1/15/2016: #10 envelopes) (sc).
January 15, 2016 Filing 26 EXHIBITS AMENDED MOTION TO REMAND. Document filed by Marinka Peschmann.(sc)
January 14, 2016 Opinion or Order Filing 24 ORDER granting #21 Letter Motion for Conference. It is hereby ORDERED that a telephone conference will take place on January 26, 2016 at 4:30 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. Telephone Conference set for 1/26/2016 at 04:30 PM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 1/14/2016) (cf)
January 14, 2016 Filing 23 AMENDED MOTION TO REMAND; re: to Remand to State Court. Document filed by Marinka Peschmann.(sc)
January 14, 2016 Opinion or Order Filing 22 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT: The time within which Defendant Stephen Quayle and Defendant Douglas Hagmann may answer, move or otherwise respond the removed Complaint of Plaintiff, Marinka Peschmann, is hereby extended to 25 days from the date upon which this Court enters an Order with respect to Plaintiff's pending letter request/motion to remand (see Documents 9 and 14 on ECF.) ( Motions terminated: #19 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint addressed to Judge Paul G. Gardephe from Bruce S. Rosen dated 1/8/16. filed by Stephen Quayle, Douglas Hagmann, #6 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Reply addressed to Judge Paul G. Gardephe from Bruce S. Rosen dated December 10, 2015. filed by Stephen Quayle, Douglas Hagmann. (Signed by Judge Paul G. Gardephe on 1/13/2016) (tro)
January 11, 2016 Filing 25 PROOF OF SERVICE of Motion to Remand; served on Bruce Rosen, Esq. and Jane W. Arnone, Esq. on 1/5/16. Service was made by E-Mail(ECF)to brosen@marc-law.com, and to Jane Weisbecker Arnone(Benanti_Associates@msn.com). Document filed by Marinka Peschmann. (sc)
January 11, 2016 Filing 21 LETTER MOTION for Conference (request for telephonic status conference) addressed to Judge Paul G. Gardephe from Jane W. Arnone, Esq. dated 1/11/2016. Document filed by BlogTalkRadio, Inc., Cinchcast, Inc..(Arnone, Jane)
January 11, 2016 Filing 20 LETTER addressed to Judge Paul G. Gardephe from Bruce S. Rosen dated January 11, 2016 re: Plaintiff's Motion to Remand. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
January 8, 2016 Filing 19 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint addressed to Judge Paul G. Gardephe from Bruce S. Rosen dated 1/8/16. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
January 7, 2016 Filing 18 AMENDED MOTION for Extension of Time to File Answer re: #17 MOTION for Extension of Time to File Answer or Other Response to Complaint; Motion to Vacate Default. . Document filed by BlogTalkRadio, Inc., Cinchcast, Inc.. (Attachments: #1 Exhibit A (Aff. of Service), #2 Exhibit B (Stipulation Extending Defendants' Pleading Deadline))(Arnone, Jane)
January 7, 2016 Filing 17 MOTION for Extension of Time to File Answer or Other Response to Complaint; Motion to Vacate Default. Document filed by BlogTalkRadio, Inc., Cinchcast, Inc..(Arnone, Jane)
January 7, 2016 Filing 16 Vacated as per Judge's Order dated 9/12/16, Doc. #42. CLERK'S CERTIFICATE OF DEFAULT: as to Cinchcast, Inc., issued on January 7, 2016. (dt) Modified on 9/12/2016 (kl).
January 4, 2016 Filing 14 MOTION TO REMAND; re: to Remand to State Court. Document filed by Marinka Peschmann.(sc)
December 23, 2015 Filing 13 LETTER addressed to Judge Paul G. Gardephe from Bruce S. Rosen, Esq. dated 12/23/15 re: Plaintiff's December 8, 2015 Letter. Document filed by Douglas Hagmann, Stephen Quayle. (Attachments: #1 Declaration of Avrohom Charish)(Rosen, Bruce)
December 21, 2015 Filing 12 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Ms. Marinka Peschmann consents to receive electronic service via the ECF system. Document filed by Marinka Peschmann.(sc)
December 16, 2015 Opinion or Order Filing 11 ORDER: Defendants are hereby ORDERED to respond to Plaintiff's letter dated December 8, 2015, by December 23, 2015. (Signed by Judge Paul G. Gardephe on 12/15/2015) (kko)
December 15, 2015 Filing 8 NOTICE OF APPEARANCE by Jane Weisbecker Arnone on behalf of BlogTalkRadio, Inc., Cinchcast, Inc.. (Arnone, Jane)
December 15, 2015 Opinion or Order Filing 7 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that the time within which Defendants Stephen Quayle and Douglas Hagmann ("Defendants") may answer, move or otherwise respond to the Complaint of Plaintiff, Marinka Peschmann, is hereby extended up to and including January 14, 2016., Douglas Hagmann answer due 1/14/2016; Stephen Quayle answer due 1/14/2016. (Signed by Judge Paul G. Gardephe on 12/14/2015) (lmb)
December 14, 2015 Filing 10 AFFIDAVIT OF SERVICE of Summons, Complaint, Jury Demand, and Notice of Commencement of Action Subject to Mandatory Electronic Filing; served on Stephen Quayle on 11/23/15. Service was accepted by Stephen Quayle. Document filed by Marinka Peschmann. (sc)
December 14, 2015 Filing 9 LETTER addressed to Judge Paul G. Gardephe from Marinka Peschmann, dated 12/8/15 re:(Letter faxed to Hon. Paul G. Gardephe and counsel on record regarding notice of removal and motion to remand): Plaintiff writes this letter in response to the defendants' BlogTalkRadio Inc., Cinchcast Inc., Stephen Quayle and Douglas Hagmann's 11/14/15 Notice of Removal, and to request a Pre-Motion Conference in connection with her forthcoming motion to remand.. Document filed by Marinka Peschmann.(sc) Modified on 12/17/2015 (sc).
December 10, 2015 Filing 6 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Reply addressed to Judge Paul G. Gardephe from Bruce S. Rosen dated December 10, 2015. Document filed by Douglas Hagmann, Stephen Quayle.(Rosen, Bruce)
December 7, 2015 Filing 5 CIVIL COVER SHEET filed. (Rosen, Bruce)
December 7, 2015 Filing 4 CIVIL COVER SHEET filed. (Rosen, Bruce)
December 7, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bruce Steven Rosen. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State. (pc)
December 7, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bruce Steven Rosen to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships of principal parties for the defendant were selected. Choose one. (pc)
December 7, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
December 7, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bruce Steven Rosen re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (pc)
December 7, 2015 Case Designated ECF. (pc)
December 7, 2015 Magistrate Judge James C. Francis IV is so designated. (pc)
December 7, 2015 ADD PARTY FOR PLEADING. Defendants/Respondents Does 1-20 added. Party added pursuant to #1 Notice of Removal,. Document filed by Douglas Hagmann, Stephen Quayle. Related document: #1 Notice of Removal, filed by Stephen Quayle, Douglas Hagmann.(Rosen, Bruce)
December 4, 2015 Filing 3 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet served on Marinka Peschmann, BlogTalkRadio, Inc., Cinchcast, Inc. on 12/4/15. Document filed by Douglas Hagmann, Stephen Quayle. (Rosen, Bruce)
December 4, 2015 Filing 2 FILING ERROR PDF ERROR CIVIL COVER SHEET filed. (Rosen, Bruce) Modified on 12/7/2015 (pc).
December 4, 2015 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161509-15. (Filing Fee $ 400.00, Receipt Number 0208-11699521).Document filed by Douglas Hagmann, Stephen Quayle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rosen, Bruce) Modified on 12/7/2015 (pc).

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Search for this case: PESCHMANN V QUAYLE ET AL
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Defendant: DOES 1-20
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Defendant: CINCHCAST, INC.
Represented By: Jane Weisbecker Arnone
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Defendant: STEPHEN QUAYLE
Represented By: Bruce Steven Rosen
Represented By: Bruce S. Rosen
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Defendant: BLOGTALKRADIO, INC.
Represented By: Jane Weisbecker Arnone
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Defendant: DOUGLAS HAGMANN
Represented By: Bruce Steven Rosen
Represented By: Bruce S. Rosen
Represented By: Michael A. Agresti
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Plaintiff: MARINKA PESCHMANN
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