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97-3017 - Chief Automotive v. Asterino


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97-3017 - Chief Automotive v. Asterino
March 12, 2007
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ORDER TO SHOW CAUSE as to MOTION for an Order to Show Cause Why Defendant John Asterino Should Not Be Held In Contempt13. IT IS ORDERED: 1. The defendant shall show cause on or before April 9, 2007, why he should not be held in contempt for his failure to comply with the Consent Judgment; 2. The defendant's failure to show cause may result in the imposition of injunctive relief, damages, and attorneys fees without further notice; and 3. Counsel for the plaintiff shall serve notice of this order on the defendant and his counsel, and shall file proof of service with the court. Show Cause Deadline set for 4/9/2007.Ordered by Judge Richard G. Kopf. (JAR) Modified on 3/12/2007 to reflect that a copy was mailed to defense counsel. (JAR)
March 19, 2007
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MEMORANDUM AND ORDER - The motion in filing 16 is granted, and Timothy L. Moll and Penny J. Berger are authorized to withdraw as counsel for the plaintiff. Ordered by Judge Richard G. Kopf.(CS, )
March 27, 2007
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ORDER regarding a call and a voice mail message received by my office from John Asterino concerning this case. IT IS ORDERED that: 1. Mr. Asterino's request for a transcript is denied. 2. Mr. Asterino is advised that I cannot give legal advice and I cannot have conversations with him when counsel for the plaintiff is not a participant. Mr. Asterino is further advised that if he represents himself, he must follow the rules generally applicable to lawyers. 3. The Clerk of the Court shall mail a copy of this order to the last known address of Mr. Asterino and provide normal notice to counsel of record.Ordered by Judge Richard G. Kopf. (Copy mailed to defendant.)(JAR)
April 10, 2007
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MEMORANDUM AND ORDER - 1. The Clerk of Court is directed to file the facsimile transmission received from Mr. Asterino today; 2. The Clerk of Court is directed to file the facsimile transmission received from Mr. Asterino by my chambers today; 3. The Clerk of Court is directed to file the motion for extension of time erroneously submitted to my chambers on April 9, 2007; 4. The Court hereby grants the defendant an extension of time until April 23, 2007 to respond to the pending order to show cause (filing 17); 5. Mr. Asterino is directed to have no further contact with my chambers, whether by telephone, facsimile transmission, or email, as he is represented by counsel; 6. Mr. Casey is directed to review the local rules and CM/ECF administrative procedures, which are available on the Court's website: http://www.ned.uscourts.gov/localrules/index.html, and to comply with those rules and procedures. Among other things, Mr. Casey shall submit any documents for filing with the Clerk of the Court in accordance with local rules, and shall not send any documents to my chambers other than proposed orders accompanying motions properly filed with the Clerk of the Court; and 7. The Clerk of the Court shall mail a copy of this order, and the facsimile submissions from Mr. Asterino, by regular postal service to Mr.Casey at the following address: P.O. Box 750, Avon, North Carolina, 27915. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(CS, )
April 18, 2007
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MEMORANDUM AND ORDER that the motion of Gregory A. Morgan to withdraw as attorney for Defendant (filing 22) is granted, and Mr. Morgan is authorized to withdraw as counsel. Ordered by Judge Richard G. Kopf.(CS, )
June 27, 2007
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MEMORANDUM AND ORDER - 1. John Asterino is hereby found in contempt of the 1997 consent decree in this matter; 2. On or before July 16, 2007, Asterino is directed to submit to this court an affidavit, signed under penalty of perjury, which accounts for all of his gains, profits, and advantages derived by his use of a Nebraska mailing address and telephone number similar to Chief's, 3. On or before July 16, 2007, Chief shall submit evidence of the reasonable attorneys' fees and court costs it incurred in bringing its motion for order to show cause, 4. On or before July 31, 2007, Asterino shall file his objections, if any, to the attorneys' fee and court costs claimed by Chief, and Chief shall file its objections, if any, to Asterino's affidavit of accounting, and 5. Judgment finding Asterino in contempt, directing Asterino to pay damages to Chief, and awarding reasonable attorneys' fees and court costs to Chief shall be entered at a later date. Ordered by Judge Richard G. Kopf. (CS, )
August 2, 2007
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ORDER - Michael C. Cox of the Koley Jessen law firm has entered his appearance as counsel for plaintiff. IT THEREFORE HEREBY IS ORDERED, The motion of Mark J. Peterson and Nora M. Kane to withdraw as counsel for plaintiff, filing 35, is granted. Ordered by Magistrate Judge David L. Piester.(CS, )
September 26, 2007
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MEMORANDUM AND ORDER - 1. The defendant has failed to timely object to the attorneys's fee and court costs claimed by the plaintiff and has no further opportunity to object to such fee and costs; 2. On or before October 11, 2007, the plaintiff shall file a motion for entry of judgment, together with a proposed judgment, brief supporting the relief to be granted in the judgment, and affidavits if necessary to support the relief sought in the judgment; 3. On or before October 26, 2007, the defendant shall file a brief in response to motion for entry of judgment and the proposed judgment; 4. On or before November 6, 2007, the plaintiff shall file a reply to the defendant's brief or advise my chambers that it does not intend to file a reply brief; and 5. Judgment will be entered, without further notice, upon completion of the briefing schedule set forth above. Ordered by Judge Richard G. Kopf. (CS, )
November 6, 2007
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MEMORANDUM AND ORDER - 1. The parties are advised that pursuant to the September 26, 2007 order of this court (filing 37), and Plaintiff's compliance with that order (filings 39-41), the court intends to enter judgment for Plaintiff on the finding of contempt on the date that is thirty days from the date of this order; 2. The Clerk of the Court shall mail a copy of this order, together with copies of filings 37, 39, 40, and 41, to Defendant at his last-known address; and 3. The Clerk of the Court shall provide a copy of this order to Magistrate Judge Piester. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(CS, )
January 11, 2008
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MEMORANDUM AND ORDER - IT IS ORDERED that the Clerk of Court shall file the attached proposed judgment submitted by Chief in the CM/ECF system. Ordered by Judge Richard G. Kopf. (Copy mailed to John Asterino)(JAB)