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13-058 - Jack W. Harang, APLC v. Schwartz


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13-058 - Jack W. Harang, APLC v. Schwartz
August 29, 2013
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82 Applcation for Interlocutory Appeal Per 28 USC 1292(b) is DENIED. Signed by Judge Nannette Jolivette Brown on 8/29/2013. (rll, )ORDER & REASONS re dft Newton B. Schwartz, Sr.'s 82 Application for Interlocutory Appeal Per 28 USC 1292(b) wherein Defendant requests leave to file an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit to challenge this Court's Order and Reasons entered on July 25, 2013, which affirmed the magistrate judge's order denying Defendant leave to file certain counterclaims and join third parties: for the reasons stated, IT IS ORDERED that dft's
December 16, 2013
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NIED. Signed by Judge Nannette Jolivette Brown on 12/16/2013. (rll, ) Modified on 12/16/2013 to edit doc type (rll, ).ORDER & REASONS: before the Court is Defendant's First Amended Original Motions to Dismiss (Rec. Doc. 83); after considering the pleadings, the pending motion, the opposition, and the applicable law, the Court will deny Defendant's motion for the reasons set forth herein; this matter should not be dismissed for lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, or forum non conveniens. Accordingly, IT IS HEREBY ORDERED that Defendant's motion is DE
December 16, 2013
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ORDER & REASONS: before the Court is Defendant's Motion for Leave to File Defendant's Motion to Take Judicial Notice of Related Order per Fed. R. Evid. 201(A)(B)(C) and/or D (Rec. Doc. 93); for the reasons set forth herein, the Court will not take judicial notice of a legal determination in an separate, unrelated matter. Accordingly, IT IS HEREBY ORDERED that Defendant's motion is DENIED. Signed by Judge Nannette Jolivette Brown on 12/16/2013. (rll, ) Modified on 12/16/2013 to edit doc type (rll, ).
December 16, 2013
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ORDER & REASONS: Before the Court is Defendant's Motion for Summary Judgment (Rec. Doc. 167) Motion for Summary Judgment; for the reasons set forth herein, IT IS HEREBY ORDERED that Defendant's motion is DENIED. Signed by Judge Nannette Jolivette Brown on 12/16/2013. (rll, )
January 27, 2014
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ORDER: Before the Court is Plaintiff Jack W. Harang, APLC's ("Plaintiff") "Motion to Strike That Portion of Defendant's First Amended Original Motion to Dismiss (Rec. Doc. 83) Which Constitutes an Untimely Amended Answer and for Sanctions Pursuant to 28 U.S.C. Sec. 1927 and/or Federal Rule of Civil Procedure Rule 11" (Rec. Doc. 111). After considering the motion, the memoranda in support, the memoranda in opposition, the record, and the applicable law, as set forth in document, IT IS HEREBY ORDERED that Plaintiff's "Motion to Strike That Portion of Defendant's First Amended Original Motion to Dismiss (Rec. Doc. 83) Which Constitute an Untimely Amended Answer and for Sanctions Pursuant to 28 U.S.C. Sec. 1927 and/or Federal Rule of Civil Procedure Rule 11" is GRANTED IN PART and that the portion of Record Document 83 from Page 15, Section VII ("Defendant's Answers Subject to and Presenting the Forgoing Motions and Objections") through Page 18 is stricken; IT IS FURTHER ORDERED that Plaintiff's Motion is DENIED IN PART and that the Court will not impose sanctions on Defendant. Signed by Judge Nannette Jolivette Brown on 1/27/2014. (rll, )
January 27, 2014
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ORDER: Before the Court is Defendant Newton B. Schwartz's "Cross-Motion for 28 U.S.C. Sec. 1927 Sanctions" (Rec. Doc. 132). After considering the motion, the memoranda in support, the memorandum in opposition, the record, and the applicable law, as set forth in document, IT IS HEREBY ORDERED that Defendant's Cross-Motion for Sanction is DENIED. Signed by Judge Nannette Jolivette Brown on 1/27/2014. (rll, )
May 21, 2014
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ORDERED that Defendants 248 Motion to be Recognized as Additional Counsel is DENIED. Signed by Judge Nannette Jolivette Brown on 5/20/2014. (cms)
June 19, 2014
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ORDER denying 254 Motion to Strike ; denying 255 Motion to Strike. Signed by Judge Nannette Jolivette Brown. (jrc)
June 20, 2014
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ORDER and REASONS that Plaintiffs Motion for Reconsideration of Courts Order and Reasons with Regard to Plaintiffs Motion in Limine (Rec. Doc. 281) is DENIED. Signed by Judge Nannette Jolivette Brown on 6/20/2014. (cms)
August 9, 2014
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ORDERED That Defendant's Alternative Motion for Indicative Ruling and to Stay and/or Bar Enforcement Proceedings and Rule 62(b) to Enforce Judgment per FCRP 62(b)(1)(2) and (3) and/or (4) is GRANTED to the extent it seeks relief pursuant to Rule 62(b). FURTHER ORDERED that Defendant's Motion in the Alternative per F. R. Civ. P. 8(d)(2) & (3) to Stay and/or Determinate Supersedeas Bond (Cash or Surety) Pending Dispositions of Motions Under F. R. Civ. P. 50, 59, and 60 per F. R. Civ. P. 62(b) is DENIED AS PREMATURE; FURTHER ORDERED that Defendant's Motion for Leave to File Defendant Newton B. Schwartz, Sr.'s Emergency Motion for an Order per 67(a) and (b) for: (1) Depositing $77,613.35 (Cash) Cashier's Check to Clerk Requiring Such Order Plus (A) Any Additional Cash, If Any, Over Interest Yield Spread Rates Obtained at Investment by Clerk Versus (B) Accruing Post-Judgment Interest Rate, Fixed or Variable during the Term of the Appeal(s) by Defendant is DENIED; FURTHER ORDERED that Defendant's Motion for Expedited Submission of Defendant's Motion for Leave to File Defendant Newton B. Schwartz, Sr.'s Emergency Motion for an Order per 67(a) and (b) for: (1) Depositing $77,613.35 (Cash) Cashiers Check to Clerk Requiring Such Order Plus (A) Any Additional Cash, If Any, Over Interest Yield Spread Rates Obtained at Investment by Clerk Versus (B) Accruing Post-Judgment Interest Rate, Fixed or Variable during the Term of the Appeal(s) by Defendant is DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 8/9/2014. (cms)
August 15, 2014
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ORDER denying 323 Motion for Leave to File; denying 341 Motion for New Trial. Signed by Judge Nannette Jolivette Brown. (jjl)