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07-798 - Rubenstein v. Bauman et al (MAG+)


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07-798 - Rubenstein v. Bauman et al (MAG+)
September 17, 2007
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REPORT AND RECOMMENDATIONS re 2 MOTION for Preliminary Injunction filed by Kathryn Bauman Rubenstein; it is the Recommendation of the Mag Judge that Plaintiff's Motion for Preliminary Injunction is denied; Objections to R&R due by 10/1/2007. Signed by Judge Wallace Capel Jr. on 9/17/07. (vma, )
October 23, 2007
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 45 Report and Recommendations, Denying 2 Motion for Preliminary Injunction filed by Kathryn Bauman Rubenstein; This case is referred back to the Mag Judge for appropriate proceedings. Signed by Judge Myron H. Thompson on 10/23/07. (Attachments: # (1) appeals checklist)(vma, )
December 3, 2007
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REPORT AND RECOMMENDATIONS re MOTIONS to Dismiss; It is the Recommendation of the Mag Judge that the Court DISMISS with prejudice Plaintiff's Complaint as amended (Docs.1, 3, & 108), for lack of subject matter jurisdiction based on the Rooker-Feldman and Younger abstention doctrines, and because the Court should decline to exercise supplemental jurisdiction over the state civil law claims; Therefore, the undersigned Recommends that Defendants' motions to Dismiss (Docs. 14, 15, 46, 47, 67, 68, 83, 88, 102, 112, 125, 129, 130, 131, 132, 133, 134, 135, 136, 137, 142, 143), Motion for Judgment on the Pleadings (Doc. 130), and Motion to Strike (Doc. 73), be denied as moot; The undersigned also RECOMMENDS that the Motion for Attorney's Fees (Doc. 137) be denied; The undersigned RECOMMENDS this case, with respect to the motion for sanctions pursuant to Rule 11 of the FRCP (Doc. 138), be referred back to the undersigned for additional proceedings; Objections to R&R due by 12/17/2007. Signed by Judge Wallace Capel Jr. on 12/3/07. (vma, ).
January 14, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 144 Report and Recommendations; It is further Ordered that Plaintiff's Complaint as amended (Docs. 1, 3, & 108 is dismissed with prejudice for lack of subject-matter jurisdiction based on the Rooker-Feldman and Younger abstention doctrines, and because the Court declines to exercise supplemental jurisdiction over the state-law claims; It is further Ordered that Defendants' Motions' to Dismiss (Docs. 14, 15, 46, 67, 68, 83, 88, 102, 112, 125, 129, 130, 131, 132, 133, 134, 135, 136, 137, 141, 142, 143); Motion for Judgment on the Pleadings (Doc. 130, and Motion to Strike (Doc. 73, and Plaintiff's motion for preliminary injunction (doc. 150 are denied as moot; It is further Ordered that Defendants' Motion for Attorney's Fees (Doc. 137) is denied; It is further Ordered that this action is dismissed with prejudice; An appropriate judgment will be entered; It is further Ordered that Defendants' Motions for Sanctions pursuant to Rule 11 of the FRCP (Docs. 138 & 145) are referred back to the Mag Judge for additional proceedings.. Signed by Judge Myron H. Thompson on 1/14/08. (Attachments: # (1) appeals checklist)(vma, )
April 10, 2008
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REPORT AND RECOMMENDATIONS re 138 MOTION for Sanctions filed by Marilyn Bauman Granger, Granger Limited, B. Wayne Granger, Barbara Bauman Kamensky, Alan E. Kamensky, 163 MOTION for Sanctions Pursuant to Rule 11 and Future Filing Restrictions filed by Marilyn Bauman Granger, Granger Limited, B. Wayne Granger, Barbara Bauman Kamensky, Alan E. Kamensky, 145 MOTION for Sanctions filed by Joel Weatherford, Jere Segrest, Lexa Dowling, Lee & McKinish, P.C., Farmer, Price, Hornsby & Weatherford, LLP, Michael Conaway, William L. Lee, III; It is the Recommendation of the Mag Judge that Defendants' Motions for Sanctions (Docs. 138, 145, 163)be granted in part and denied in part; The Mag Judge Recommends Rule 11 sanctions be imposed in the form of requiring Plaintiff to read and review the above stated cases and statutes, and within 30 days of the District Court's order concerning this recommendation, Plaintiff shall file a sworn affidavit affirming she has complied with the Court's sanctions; The Mag Judge also recommends Plaintiff be formally reprimanded for not conducting a reasonable inquiry into the legal basis for her claims, and warned that future litigation against the same Defendants may result in the imposition of more severe sanctions Objections to R&R due by 4/23/2008. Signed by Judge Wallace Capel Jr. on 4/10/08. (vma, )
May 15, 2008
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OPINION AND ORDER as follows: 1) Defendants Granger Limited, B. Wayne Granger, Marilyn Bauman Granger, Alan E. Kamensky, Barbara Bauman Kamensky, Michael Conaway, Lexa Dowling, Farmer, Price, Hornsby & Weatherford, LLP, Lee & McKinish, P.C., William L. Lee, III, Jere Segrest, and Joel Weatherford's objections (doc. no. 178); are: A) Are sustained with respect to their request for monetary sanctions under FRCP 11 against plaintiff Kathryn Bauman Rubenstein; and B) Are overruled with respect to their request for the imposition of a filing limitation; 2) The 177 Report and Recommendations: A) Is rejected to the extent that it found that monetary sanctions would be inappropriate under FRCP 11 against plaintiff Rubenstein; and B) Is adopted in all other repects, including the recommendation that plaintiff Rubenstein has violated FRCP 11; that a formal reprimand and reading assignment are appropriate; and that the imposition of a filing limitation is inappropriate at this time; 3)Said defendants' motions for sanctions (doc. nos. 138, 145, & 163): A) Are, to the extent they request monetary sanctions referred back to the magistrate judge for further proceedings consistent with this opinion and order; and B) Are, in all other respects, granted to the extent the relief request is approved in this order and opinion, and denied to the extent the relief requested is disapproved in this order and opinion; 4) Not until after the mag judge has entered a supplemental recommendation on the issue of monetary sanctions will the court enter a final order imposing all appropriate sanctions under FRCP 11 against plaintiff Rubenstein. Signed by Honorable Myron H. Thompson on 5/15/08. (Attachments: # (1) appeals checklist)(vma, )
June 10, 2008
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REPORT AND RECOMMENDATIONS re 138 MOTION for Sanctions filed by Marilyn Bauman Granger, Granger Limited, B. Wayne Granger, Barbara Bauman Kamensky, Alan E. Kamensky, 163 MOTION for Sanctions Pursuant to Rule 11 and Future Filing Restrictions filed by Marilyn Bauman Granger, Granger Limited, B. Wayne Granger, Barbara Bauman Kamensky, Alan E. Kamensky, 145 MOTION for Sanctions filed by Joel Weatherford, Jere Segrest, Lexa Dowling, Lee & McKinish, P.C., Farmer, Price, Hornsby & Weatherford, LLP, Michael Conaway, William L. Lee, III; It is the Recommendation of the Mag Judge that the District Court impose a $700.00 sanction on Plaintiff, for attorney's fees to be paid to Defendants within 120 days from the adoption of the Recommendation; Objections to R&R due by 6/23/2008 (vma, )
September 18, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 9/18/08. (Attachments: # (1) appeals checklist)(vma, )
September 18, 2008
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JUDGMENT it is the Order, Judgment, and Decree of the court as follows: 1) Defendants Granger Limited, B. Wayne Granger, Marilyn Bauman Granger, Alan E. Kamensky, Barbara Bauman Kamensky, Michael Conaway, Lexa Dowling, Farmer, Price, Hornsby & Weatherford, LLP, Lee & McKinish, P.C., William L. Lee, III, Jere Segrest, and Joel Weatherford's objections (doc. nos. 191 & 192 are overruled; 2) Adopting 190 REPORT AND RECOMMENDATIONS; 3) Said defendants' motions for sanctions (doc. nos. 138, 145, & 163) are granted to the extent that plaintiff Kathryn Bauman Rubenstein shall pay, in addition to costs of these proceedings, $700.00 as sanctions pursuant to Rule 11 of the FRCP; 4) Said dfts shall have and recover from plaintiff Rubenstein the sum of $700.00; It is further Ordered that costs are taxed against plaintiff Rubenstein, for which execution may issue; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 9/18/08. (Attachments: # (1) appeals checklist)(vma, )