Espinda v. Hohenberg et al
Plaintiff: Kathy J Espinda
Defendant: Ken Hohenberg, Judge Joseph Burrowes, Thomas Croskrey, Andrew Clark, James Kiddy, Michelle Bertolino, Samuel Meyler and John Does Investors 1 - 10,000
Case Number: 4:2023cv05155
Filed: November 21, 2023
Court: US District Court for the Eastern District of Washington
Presiding Judge: Mary K Dimke
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31 U.S.C. § 3729 False Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Opinion or Order Filing 25 MOTION to Dismiss for Failure to State a Claim by Michelle Bertolino. Motion Hearing set for 3/1/2024 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Text of Proposed Order)(Gingras, Scott)
January 10, 2024 Opinion or Order Filing 24 MOTION to Dismiss for Failure to State a Claim by Ken Hohenberg. Motion Hearing set for 2/29/2024 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Text of Proposed Order)(McGair, Kimberley)
January 9, 2024 Opinion or Order Filing 23 MOTION to Dismiss , MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Samuel Meyler. Motion Hearing set for 2/8/2024 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Proposed Order)(Cunanan, Matthew)
January 9, 2024 Opinion or Order Filing 22 NOTICE of Appearance by Matthew Jimenez Cunanan on behalf of Samuel Meyler (Attorney Matthew Jimenez Cunanan added to party Samuel Meyler(pty:dft))(Cunanan, Matthew)
January 9, 2024 Opinion or Order Filing 21 ORDER DENYING #15 MOTION TO RECUSE AND MOTION TO REINSTATE EMERGENCY TEMPORARY RESTRAINING ORDER. Signed by Judge Mary K. Dimke. (WMK, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
January 8, 2024 Opinion or Order Filing 20 ORDER INSTRUCTING PLAINTIFF TO CEASE EX PARTE COMMUNICATIONS WITH THE COURT. Signed by Judge Mary K. Dimke. (WMK, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
January 5, 2024 Opinion or Order Filing 19 Sealed email received by the Court on 12/31/2023. (WMK, Case Administrator) (Main Document 19 replaced on 1/8/2024) (CV, Courtroom Deputy).
January 5, 2024 Opinion or Order Filing 18 Sealed email received by the Court on 12/31/2023. (WMK, Case Administrator) (Main Document 18 replaced on 1/8/2024) (CV, Courtroom Deputy).
January 5, 2024 Opinion or Order Filing 17 Sealed email received by the Court on 12/27/2023. (WMK, Case Administrator) (Main Document 17 replaced on 1/8/2024) (CV, Courtroom Deputy).
January 4, 2024 Opinion or Order Filing 16 NOTICE of Investigation Demand and Registered Mail by Kathy J Espinda re #15 MOTION for Recusal, MOTION for Reconsideration. (Attachments: #1 Transmittal Envelope)(WMK, Case Administrator)
January 4, 2024 Opinion or Order Filing 15 MOTION FOR JUDGE MARY J. DIMKE TO RECUSE HERSELF DUE TO BIAS AND PREJUDICE - MOTION TO RE-INSTATE TRO - EMERGENCY TEMPORARY RESTRAINING ORDER; Reconsider re #5 Order on Motion for TRO by Kathy J Espinda. Motion Hearing set for 2/5/2024 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(WMK, Case Administrator) (Additional attachment(s) added on 1/5/2024: #21 Transmittal Envelope) (WMK, Case Administrator).
January 3, 2024 Opinion or Order Filing 14 NOTICE of Appearance by Benjamin H Rascoff on behalf of Michelle Bertolino (Attorney Benjamin H Rascoff added to party Michelle Bertolino(pty:dft))(Rascoff, Benjamin)
January 3, 2024 Opinion or Order Filing 13 NOTICE of Appearance by Scott Atkinson Gingras on behalf of Michelle Bertolino (Attorney Scott Atkinson Gingras added to party Michelle Bertolino(pty:dft))(Gingras, Scott)
December 27, 2023 Opinion or Order Filing 12 MOTION to Dismiss by Joseph Burrowes. Motion Hearing set for 2/15/2024 Without Oral Argument before Judge Mary K. Dimke. (Ulrich, Nicholas)
December 27, 2023 Opinion or Order Filing 11 ORDER: Before the Court is Defendant Samuel Meyler's Motion for Extension of Time to File Responsive Pleading. ECF No. 9. Defendant seeks an extension of his responsive pleading deadline to January 9, 2024. The Court has reviewed the motion and record, and finds good cause to grant the request. Accordingly, IT IS HEREBY ORDERED: Defendants Motion for Extension of Time to File Responsive Pleading, ECF No. 9, is GRANTED. Defendant shall file his responsive pleading no later than January 9, 2024. Text-only entry; no PDF will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. (THB) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) Modified on 12/27/2023 to remove duplicate Judge's name (CLP, Case Administrator Team Lead).
December 22, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Nicholas R Ulrich on behalf of Joseph Burrowes (Attorney Nicholas R Ulrich added to party Joseph Burrowes(pty:dft))(Ulrich, Nicholas)
December 19, 2023 Opinion or Order Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint by Samuel Meyler. Motion Hearing set for 1/18/2024 Without Oral Argument before Judge Mary K. Dimke. (Meyler, Samuel)
December 19, 2023 Opinion or Order Filing 8 ORDER: Before the Court is Defendant Ken Hohenbergs Motion for Extension of Time to File Responsive Pleading. ECF No. 7. Defendant seeks a 20-day extension of his answer deadline from December 21, 2023 to January 10, 2024. The Court has reviewed the motion and record, and finds good cause to grant the request. Accordingly, IT IS HEREBY ORDERED: Defendants Motion for Extension of Time to File Responsive Pleading, ECF No. 7, is GRANTED. Defendant shall file his responsive pleading no later than January 10, 2024. Text-only entry; no PDF will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. Signed by Judge Mary K. Dimke. (THB) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
December 19, 2023 Opinion or Order Filing 7 MOTION for Extension of Time to File Answer by Ken Hohenberg. Motion Hearing set for 1/18/2024 Without Oral Argument before Judge Mary K. Dimke. (McGair, Kimberley)
December 19, 2023 Opinion or Order Filing 6 NOTICE of Appearance by Kimberley Hanks McGair on behalf of Ken Hohenberg (Attorney Kimberley Hanks McGair added to party Ken Hohenberg(pty:dft))(McGair, Kimberley)
December 5, 2023 Opinion or Order Filing 5 ORDER DENYING #3 PLAINTIFF'S MOTION FOR EMERGENCY TEMPORARY RESTRAINING ORDER AND IMPOSITION OF PERMANENT INJUNCTIVE RELIEF. Signed by Judge Mary K. Dimke. (WMK, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
December 1, 2023 Opinion or Order Filing 4 NOTICE of Appearance by Samuel M Meyler on behalf of Samuel Meyler (Attorney Samuel M Meyler added to party Samuel Meyler(pty:dft))(Meyler, Samuel)
November 21, 2023 Opinion or Order Filing 3 MOTION for Temporary Restraining Order by Kathy J Espinda. Motion Hearing set for 12/21/2023 Without Oral Argument before Judge Mary K. Dimke. (WMK, Case Administrator)
November 21, 2023 Opinion or Order Filing 2 Summons Issued in paper as to All Defendants. (WMK, Case Administrator)
November 21, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing Fee $402, Receipt # RIC1669) Jury Demand. Filed by Kathy J Espinda. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service) (WMK, Case Administrator)

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Plaintiff: Kathy J Espinda
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Defendant: Ken Hohenberg
Represented By: Kimberley Hanks McGair
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Defendant: Judge Joseph Burrowes
Represented By: Nicholas R Ulrich
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Defendant: Thomas Croskrey
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Defendant: Andrew Clark
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Defendant: James Kiddy
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Defendant: Michelle Bertolino
Represented By: Scott Atkinson Gingras
Represented By: Benjamin H Rascoff
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Defendant: Samuel Meyler
Represented By: Matthew Jimenez Cunanan
Represented By: Samuel M Meyler
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Defendant: John Does Investors 1 - 10,000
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