Nesbit et al v. The Columbia Group, Inc. et al
| Paul Nesbit and Barry Wells |
| Susan Arase, Eagle Systems & Services, The Columbia Group, Martin Arase, The Columbia Group, Inc. and Eagle Systems & Services Inc. |
| 1:2020cv01217 |
| October 15, 2020 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Claude M Hilton |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 AMENDED COMPLAINT against Eagle Systems & Services, The Columbia Group, filed by Barry Wells, Paul Nesbit. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(aott, ) |
Filing 45
ORDER granting #42 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Ivan D. Davis on 12/8/2020. (aott, )
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| Filing 44 NOTICE by Paul Nesbit, Barry Wells re #42 MOTION for Leave to File Amended Complaint of Waiver of Hearing (Jarrett, Jack) |
| Filing 43 Memorandum in Support re #42 MOTION for Leave to File Amended Complaint filed by Paul Nesbit, Barry Wells. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jarrett, Jack) |
| Filing 42 MOTION for Leave to File Amended Complaint by Paul Nesbit, Barry Wells. (Attachments: #1 Proposed Order)(Jarrett, Jack) |
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Filing 41
STIPULATED PROTECTIVE ORDER (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 12/03/20. (pmil, )
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| Filing 40 MOTION for Protective Order by Martin Arase. (Attachments: #1 Memo In Support of Motion for Entry of Stipulated Protective Order, #2 Proposed Stipulated Protective Order)(Fontana, James) |
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Filing 39
Order Rule 16(b) Scheduling Order. Because the parties' Proposed Joint Discovery Plan #38 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for November 18, 2020, pursuant to Rule 16(b) and this Court's October 22, 2020, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: The parties' Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 11/13/2020. (lgue, )
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| Filing 38 Joint Discovery Plan by Paul Nesbit, Barry Wells.(Jarrett, Jack) |
| Filing 37 NOTICE by Martin Arase Of Death Upon The Record (Fontana, James) |
| Filing 36 NOTICE by Martin Arase Change of Address (Fontana, James) |
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Filing 35
SCHEDULING ORDER:Initial Pretrial Conference set for 11/18/2020 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis.Discovery due by 2/12/2021.Final Pretrial Conference set for 2/18/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 10/22/2020. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran)
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| Filing 34 Case transferred in from District of Utah; Case Number 2:20-cv-00430. Original file and docket sheet received. |
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Filing 33
ORDER on Stipulation to Transfer Venue to the U.S. District Court for the Eastern District of Virginia re #30 Stipulation filed by Barry Wells, Paul Nesbit. Signed by Judge Bruce S. Jenkins on 10/14/2020. (kpf) [Transferred from Utah on 10/15/2020.]
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| Filing 32 NOTICE OF WITHDRAWAL OF COUNSEL of Jason D. Haymore filed by Jason D. Haymore on behalf of Paul Nesbit (Haymore, Jason) [Transferred from Utah on 10/15/2020.] |
| Filing 31 NOTICE OF WITHDRAWAL OF COUNSEL of Dawn W. Emery filed by Dawn W. Emery on behalf of Paul Nesbit (Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
| Filing 30 STIPULATION to Transfer Venue by Paul Nesbit, Barry Wells. (Attachments: #1 Text of Proposed Order)(Jarrett, Jack) [Transferred from Utah on 10/15/2020.] |
| Filing 29 Minute Entry for telephonic proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/7/2020 re #18 Joint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Change Venue and Memorandum in Support MOTION for More Definite Statement and Memorandum in Support /MOTION TO DISMISS FOR IMPROPER VENUE filed by Eagle Systems & Services, Susan Arase, The Columbia Group, Martin Arase. Detailed minute entry to follow pending Judge Jenkins' approval. Attorney for Plaintiff: Jack Jarrett, III, Dawn W. Emery, Attorney for Defendant: James Christopher Fontana, M. Christopher Moon. Court Reporter: Electronic/Rebecca Janke.(Time Start: 9:59:58, Time End: 10:04:55, Room 7.200.)(lnp) [Transferred from Utah on 10/15/2020.] |
| Filing 28 REPLY to Response to Motion re #18 Joint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Change Venue and Memorandum in Support MOTION for More Definite Statement and Memorandum in Support /MOTION TO DISMISS FOR IMPROPER VENUE filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (D'Agostino, Louis) [Transferred from Utah on 10/15/2020.] |
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Filing 27
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Jack Jarrett for Paul Nesbit,Jack Jarrett for Barry Wells.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Bruce S. Jenkins on 09/14/2020. (kpf) [Transferred from Utah on 10/15/2020.]
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| Filing 26 NOTICE OF TELEPHONIC HEARING ON MOTION re: #18 Joint MOTION to Dismiss : Motion Hearing set for 10/7/2020 at 10:00 AM before Judge Bruce S. Jenkins.TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 1007201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) [Transferred from Utah on 10/15/2020.] |
| Filing 25 Plaintiff's RESPONSE to Motion re #18 Joint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Change Venue and Memorandum in Support MOTION for More Definite Statement and Memorandum in Support /MOTION TO DISMISS FOR IMPROPER VENUE filed by Plaintiff Paul Nesbit. (Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
| Filing 24 Plaintiff's MOTION for Admission Pro Hac Vice of Jack Jarrett , Registration fee $ 250, receipt number AUTDC-3714398,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Paul Nesbit. (Attachments: #1 Application Pro Hac Vice, #2 Text of Proposed Order Order Pro Hac Vice)(Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
| Filing 23 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is ineligible for magistrate assignment. now been received. Case randomly assigned to District Judge Bruce S. Jenkins. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (alf) [Transferred from Utah on 10/15/2020.] |
| Filing 22 RECEIVED Consent/Reassignment Form from Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (alf) [Transferred from Utah on 10/15/2020.] |
| Filing 21 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #14 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alf) [Transferred from Utah on 10/15/2020.] |
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Filing 20
ORDER granting #19 Motion for Amended Scheduling Order. The parties shall file a Scheduling Order pursuant to Rule 26(f) within 20 days of the courts order denying the Motion to Dismiss. Signed by Magistrate Judge Cecilia M. Romero on 8/6/20. (alf) [Transferred from Utah on 10/15/2020.]
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| Filing 19 Joint MOTION for Amended Scheduling Order : to Amend Order to Propose Schedule filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (Attachments: #1 Text of Proposed Order)(Moon, M.) [Transferred from Utah on 10/15/2020.] |
| Filing 18 Joint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION to Change Venue and Memorandum in Support , MOTION for More Definite Statement and Memorandum in Support /MOTION TO DISMISS FOR IMPROPER VENUE filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (Attachments: #1 Exhibit A -- Declaration of Susan Arase, #2 Exhibit B -- Declaration of Martin Arase)(Moon, M.) [Transferred from Utah on 10/15/2020.] |
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Filing 17
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Louis James D'Agostino for Martin Arase, Susan Arase, Eagle Systems & Services and The Columbia Group.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/20. (alf) [Transferred from Utah on 10/15/2020.]
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Filing 16
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney James Christopher Fontana for Martin Arase, Susan Arase, Eagle Systems & Services and The Columbia Group.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/20. (alf) [Transferred from Utah on 10/15/2020.]
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Filing 15
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Jeffry Ryan Cook for Martin Arase, Susan Arase, Eagle Systems & Services and The Columbia Group.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 7/30/20. (alf) [Transferred from Utah on 10/15/2020.]
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| Filing 14 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group, Plaintiffs Paul Nesbit, Barry Wells. Form due by 8/14/2020. (alf) [Transferred from Utah on 10/15/2020.] |
| Filing 13 MOTION for Admission Pro Hac Vice of James Christopher Fontana , Registration fee $ 250, receipt number AUTDC-3665007,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Moon, M.) [Transferred from Utah on 10/15/2020.] |
| Filing 12 MOTION for Admission Pro Hac Vice of Louis James D'Agostino , Registration fee $ 250, receipt number AUTDC-3664999,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Moon, M.) [Transferred from Utah on 10/15/2020.] |
| Filing 11 MOTION for Admission Pro Hac Vice of Jeffry Ryan Cook , Registration fee $ 250, receipt number AUTDC-3664975,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Moon, M.) [Transferred from Utah on 10/15/2020.] |
| Filing 10 NOTICE of Appearance by M. Christopher Moon on behalf of Martin Arase, Susan Arase, Eagle Systems & Services, The Columbia Group (Moon, M.) [Transferred from Utah on 10/15/2020.] |
| Filing 9 AFFIDAVIT OF SERVICE for Summons and Complaint served on Ellen MacGregor on July 9, 2020, filed by Plaintiff Paul Nesbit. (Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
| Filing 8 ERRATA to #2 Complaint filed by Plaintiff Paul Nesbit and Barry Wells. (Attachments: #1 Exhibit Email dated September 16, 2019, #2 Exhibit Letter dated September 19, 2019 to Arase and Perkins, #3 Exhibit Email dated July 12, 2019, #4 Exhibit Email dated July 18, 2019, #5 Exhibit Email dated October 21, 2019, #6 Exhibit Email dated October 3, 2019)(Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
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Filing 7
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 6/23/20. (alf) [Transferred from Utah on 10/15/2020.]
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| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Martin Arase. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) [Transferred from Utah on 10/15/2020.] |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Susan Arase. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) [Transferred from Utah on 10/15/2020.] |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Eagle Systems & Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) [Transferred from Utah on 10/15/2020.] |
| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to The Columbia Group. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) [Transferred from Utah on 10/15/2020.] |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3621176) filed by Paul Nesbit. Assigned to Magistrate Judge Cecilia M. Romero (Emery, Dawn) [Transferred from Utah on 10/15/2020.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiffs Paul Nesbit, Barry Wells is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (kn) [Transferred from Utah on 10/15/2020.] |
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