Case details

Court: pawd
Docket #: 1:04-cv-00354
Case Name: MARTINI v. PRESQUE ISLE CAPITAL, et al
PACER case #: 3574
Date filed: 2004-12-06
Date terminated: 2006-06-15
Date of last filing: 2006-06-16

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-12-06 1 0 Complaint COMPLAINT ; jury demand Filing Fee $ 150.00 Receipt # 1043 (mad)
2004-12-28 2 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed as to JAMES H. THOMAS on 12/8/04 Answer due on 2/6/05 for JAMES H. THOMAS (mad)
2004-12-28 3 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed as to PRESQUE ISLE CAPITAL on 12/8/04 Answer due on 2/6/05 for PRESQUE ISLE CAPITAL (mad)
2005-01-20 4 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Judge Susan P. Baxter ( signed by Judge Sean J. McLaughlin on 1/20/05 ) CM all parties of record. (sdp)
2005-02-08 5 0 Motion to Appear Pro Hac Vice MOTION by PRESQUE ISLE CAPITAL, JAMES H. THOMAS for Robert L. Herskovits to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt # 05-191 with Proposed Order. (mad)
2005-02-08 6 0 Notice of Appearance NOTICE of Attorney Appearance for PRESQUE ISLE CAPITAL, JAMES H. THOMAS by Robert L. Hedrskovits, Esq. (mad)
2005-02-08 7 0 Motion to Extend Time AGREED MOTION by PRESQUE ISLE CAPITAL, JAMES H. THOMAS to Extend Time to answer or otherwise respond to complaint with Proposed Order. (mad)
2005-02-24 8 0 Motion for Summary Judgment MOTION by PRESQUE ISLE CAPITAL, JAMES H. THOMAS for Summary Judgment , to Dismiss Complaint with Proposed Order. (mad)
2005-02-24 9 0 Brief in Support of Motion BRIEF by PRESQUE ISLE CAPITAL, JAMES H. THOMAS in support of [8-1] motion for Summary Judgment by JAMES H. THOMAS, PRESQUE ISLE CAPITAL, [8-2] motion to Dismiss Complaint by JAMES H. THOMAS, PRESQUE ISLE CAPITAL (mad)
2005-02-28 10 0 Order on Motion for Recusal ORDER OF RECUSAL that this case is re-assigned to Cohill, J. for all further proceedings.` ( signed by Judge Sean J. McLaughlin on 2/28/05 ) CM all parties of record. (mad)
2005-03-08 11 0 Order ORDER, Response to Motion set to 3/22/05 for [8-1] motion for Summary Judgment, set to 3/22/05 for [8-2] motion to Dismiss Complaint ( signed by Magistrate Judge Susan P. Baxter on 3/8/05 ) CM all parties of record. (sdp)
2005-03-14 12 0 Motion to Extend Time MOTION by VICTOR S. MARTINI to Extend Time in which to respond to the Motion for Summary Judgment and/or Motion to Dismiss with Proposed Order. (mad)
2005-04-22 13 0 Response to Motion RESPONSE by VICTOR S. MARTINI in opposition to [8-1] motion for Summary Judgment by JAMES H. THOMAS, PRESQUE ISLE CAPITAL, [8-2] motion to Dismiss Complaint by JAMES H. THOMAS, PRESQUE ISLE CAPITAL (mad)
2005-04-28 14 0 Motion to Extend Time MOTION by PRESQUE ISLE CAPITAL, JAMES H. THOMAS to Extend Time with Proposed Order. (mad)
2005-05-23 15 0 Motion to Extend Time MOTION by PRESQUE ISLE CAPITAL, JAMES H. THOMAS to Extend Time to reply to pltf's Corrected Oppossition to defts' Motion for Summary Judgment or to Dismiss with Proposed Order. (mad)
2005-05-23 16 0 Remark CORRECTION to Opposition to Motion for Summary Judgment (mad)
2005-06-03 17 0 Response REPLY by PRESQUE ISLE CAPITAL, JAMES H. THOMAS to [13-1] opposition response by VICTOR S. MARTINI (mad)
2005-06-27 18 0 Order to Show Cause ORDER TO SHOW CAUSE Show Cause Response due by 7/18/2005. It is further ordered that the parties are allowed 10 days from this date to appeal this order to a district judge. Failure to appeal within 10 days may constitute waiver of the right to appeal. Signed by Judge Susan Paradise Baxter on 6/27/05. (mad)
2005-06-28 19 0 Report and Recommendation REPORT AND RECOMMENDATIONS re [8] Motion for Summary Judgment and Motion to Dismiss filed by PRESQUE ISLE CAPITAL MANAGEMENT, INC.,, JAMES H. THOMAS, is respectfully recommended that the motions be granted in part and denied in part Objections to R&R due by 7/13/2005. Signed by Judge Susan Paradise Baxter on 6/27/05. (mad)
2005-07-01 20 0 Objections to Report and Recommendation OBJECTION to [19] Report and Recommendations of Magistrate Judge by VICTOR S. MARTINI. (Steinberg, Arnold) 2010-03-08 00:48:43 cc6f38902a24e4330171d63ec87d1d86e28919a4
2005-07-11 21 0 Response RESPONSE in Opposition to [20] Objection to Report and Recommendations filed by PRESQUE ISLE CAPITAL MANAGEMENT, INC., JAMES H. THOMAS. (mad) 2010-03-08 00:48:26 d82d2cc2564c8c124608a9719d43f50167f90b59
2005-08-11 22 0 Order on Motion for Summary Judgment ORDER granting in part and denying in part [8] Motion for Summary Judgment, Motion to Dismiss; adopting Report and Recommendation [19]. Signed by Judge Maurice B. Cohill on 08/11/2005. (rtw) 2010-03-08 00:48:23 5122cb8deb42e2ff25b346bd0de98d2d9f3d098c
2005-09-27 23 0 Order to Show Cause ORDER THAT PLAINTIFF IS TO SHOW CAUSE as to why this case should not be dismissed for lack of subject matter jurisdiction by providing this Court with a statement of damages attributable to the twenty-four securities purchases that were transacted by Defendants on Plaintiff's behalf after December 6, 1998. Failure to provide a statement of damages within such time will result in the dismissal of this case for failure to prosecute. Show Cause Response due by 10/14/2005. Signed by Judge Susan Paradise Baxter on 9/25/05. (lrw) 2010-03-08 00:48:22 1710edef2bc4e283aefdd98bc71920bdafd5b34b
2005-10-14 24 0 Response to Order to Show Cause RESPONSE (Court ordered calculation of damages) TO ORDER TO SHOW CAUSE by VICTOR S. MARTINI. (Attachments: # (1) Exhibit Damages spreadsheets and calculations)(Steinberg, Arnold) Modified on 10/17/2005 (sdp). 2010-03-08 00:48:42 725f31d647b6cd39e3fa1b941ef86bcd2731078c
24 1 Exhibit Damages spreadsheets and calculations 2010-03-08 00:48:30 a00e2a5a552fe73954cdcec60aa582ba304cec1b
2005-10-17 25 0 Motion to Dismiss RENEWED MOTION to Dismiss by PRESQUE ISLE CAPITAL MANAGEMENT, INC., JAMES H. THOMAS. (sdp) 2010-03-08 00:48:39 7eff70470c0d25add46dcf7f44033f7f1e129429
2005-10-18 26 0 Response to Motion RESPONSE to Motion re [25] MOTION to Dismiss Opposition to Renewed Motion to Dismiss filed by VICTOR S. MARTINI. (Steinberg, Arnold) 2010-03-08 00:48:35 b05e44118f4158f27ee5bb293e6942a9fe4effcf
2005-10-21 27 0 Response RESPONSE to [26] Response to Motion filed by PRESQUE ISLE CAPITAL MANAGEMENT, INC., JAMES H. THOMAS. (sdp) 2010-03-08 00:48:17 04abd04cbfff8b871cf033df734d44bdb591205d
2006-02-06 28 0 Report and Recommendation REPORT AND RECOMMENDATIONS that [25] Renewed MOTION to Dismiss filed by PRESQUE ISLE CAPITAL MANAGEMENT, INC., JAMES H. THOMAS, be denied. Objections to R&R due by 2/23/2006. Signed by Judge Susan Paradise Baxter on 2/6/06. (lrw) 2010-03-08 00:48:21 f98e14986a911acc223af73ccb6af00ff0ed449e
2006-02-10 29 0 Objections to Report and Recommendation OBJECTION to [28] Report and Recommendations by VICTOR S. MARTINI. (sdp) 2010-03-08 00:48:18 42c2bfeefbf8195e3693a1b86a410d194fdceac6
2006-02-17 30 0 Stipulation STIPULATION for Mediation and Proposed Order by VICTOR S. MARTINI. (Steinberg, Arnold) 2010-03-08 00:48:33 1f9f1781d6ed7c0ba14eef49dbeaa020cbaaf236
2006-03-07 31 0 Order on Motion to Dismiss ORDER denying [25] Renewed Motion to Dismiss; adopting Report and Recommendations re [28] Report and Recommendations; that, in clarification and correction of that Order dated 8/11/05 (Doc No. 22), said Order is hereby modified as follows: 1) Defendants' motion to dismiss (Doc. No. 8) is granted as to Count VI of Plaintiff's Complaint. Count VI is hereby dismissed; 2) Defendants' motion to dismiss (Doc. No. 8) is granted as to only that portion of Count V that pertains to securities purchases that were transacted by Defendants on Plaintiff's behalf prior to 12/6/98; 3) All other aspects of the Order dated 8/11/05 (Doc No. 22) remain the same. Signed by Judge Maurice B. Cohill on 3/6/06. (jg, ) 2010-03-08 00:48:32 7dd0d082a928204f17f3ca7ef4210c788502ad8f
2006-03-09 32 0 Motion for Reconsideration First MOTION for Reconsideration re [31] Order on Motion to Dismiss,,, Order on Report and Recommendations,, by PRESQUE ISLE CAPITAL MANAGEMENT, INC.. (Herskovits, Robert) 2010-03-08 00:48:36 d2d55e711ba94e4732be939fc659ee43e59a56a2
2006-03-15 33 0 Order on Motion for Reconsideration ORDER denying [32] Motion for Reconsideration. Signed by Judge Maurice B. Cohill on 3/15/2006.(kmw) 2010-03-08 00:48:46 a921fb598baca079b1539dbb039542bc4c994c79
2006-04-17 34 0 Order ORDER; Status Conference set for 4/25/2006 02:00 PM before Susan Paradise Baxter. Counsel for the Plaintiff is to make arrangements for all parties to participate by conference call on the above time and date. Signed by Judge Susan Paradise Baxter on 4/17/06. (lrw) 2010-03-08 00:48:40 b416121069b4284e982418fd31414de2756cf460
2006-06-12 35 0 Motion for Judgment Consent MOTION for Judgment in Favor of James H. Thomas by VICTOR S. MARTINI. (Attachments: # (1) Exhibit Final Judgment in Favor of James H. Thomas# (2) Exhibit Stipulation for Dismissal)(Steinberg, Arnold) 2010-03-08 00:48:48 10270e87cdb03a7e53a782df2cfd72283d5cba77
35 1 Exhibit Final Judgment in Favor of James H. Thomas 2010-03-08 00:48:29 8f84b21a8107ea54b9834a69974275cbd99d7aca
35 2 Exhibit Stipulation for Dismissal 2010-03-08 00:48:24 695785b8d87d40a2c3ecb9e9a2635beef3afd269
2006-06-15 36 0 Order on Motion for Judgment ORDER granting [35] Motion for Judgment in Favor of Defendant James H. Thomas; indicating that the Court will enter one Order entering Judgment as required by the Federal Rules of Civl Procedure and a separate Order dismissing this action. Signed by Judge Maurice B. Cohill on 6/15/06.(jg) 2010-03-08 00:48:44 8c1b07abb667b271a623d7351192f24b68dba874
2006-06-16 37 0 Judgment ORDER indicating that, pursuant to the parties' Consent Motion (Doc. No. 35), Judgment is entered in favor of Defendant James H. Thomas and against Plaintiff Victor S. Martini; that all requests for relief set forth in the Complaint are denied as they pertain to Defendant James H. Thomas. Signed by Judge Maurice B. Cohill on 6/15/06. (jg) 2010-03-08 00:48:27 e8977907ccb47b3bae9cee726f8b25a24d1d2a1e
2006-06-15 38 0 Order Dismissing Case ORDER indicating that pursuant to Fed.R.Civ.P. 41(a), this action is hereby dismissed with prejudice as against Presque Isle Capital Management, Inc. and James H. Thomas. All parties shall bear their own costs. Signed by Judge Maurice B. Cohill on 6/15/06.(jg) 2010-03-08 00:48:28 7d0a489743aaaa29ea7c58e4df2c1bc7c21c0ce5