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14-105 - Brakebill et al v. Moncier et al (TV2)


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14-105 - Brakebill et al v. Moncier et al (TV2)
June 13, 2014
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MEMORANDUM AND ORDER. The Plaintiffs' Motion to Withdraw as Attorney [Doc. 38 ] filed by AttorneyStephen Perry is GRANTED. Attorney Stephen Perry is RELIEVED of his duties as counsel in this case. The Plaintiffs' Motion to Stay Depositions Pending Ruling of Applicability of Younger Doctrine [Doc. 37 ] is DENIED. The Plaintiffs' Motion for Protective Order [Doc. 46 ] is DENIED AS MOOT. Defendant Herbert Moncier's Motion to Strike and Provisional Response [Doc. 49 ] is DENIED AS MOOT. Defendant Herbert Moncier's Motion to Strike and Provisional Response [Doc. 50 ] is DENIED AS MOOT. Plaintiffs' Supplemental Motion for Protective Order [Doc. 51 ] is DENIED AS MOOT. Additionally, the Court finds that the related request for fees and expenses is moot. Defendant Herbert Moncier's Motion to File Motion and Materials Under Seal [Doc. 53 ] is DENIED. The Clerk of Court will remove the proposed sealed documents from the record. To the extent the proposed sealed documents constituted a motion to strike portions of Mr. Perry's Motion to Withdraw as counsel, the motion to strike is DENIED. Similarly, to the extent Mr. Moncier made an oral motion to strike portions of Mr. Perry's Motion to Withdraw, based upon the allegedly disparaging and irrelevant allegations contained therein, this oral motion is DENIED. The Plaintiffs' Second Motion to Supplement Motion for Protective Order [Doc. 57 ] is DENIED AS MOOT. Additionally, the Court finds that the related request for fees and expenses is moot. Mr. Moncier SHALL SERVE the Rule 34 document requests described at the hearing on counsel for the Plaintiffs on or before June 14, 2014. The parties SHALL RESPOND on or before July 14, 2014 to the document requests that have been served and are pending on or before June 14, 2014. Counsel for the parties SHALL HOLD OPEN July 25, July 30, August 4, August 5, August 6, August 8, August 11, August 14, August 15, August 18, August 19, and August 20 as potential dates for conducting depositions. Counsel for the parties SHALL APPEAR before the undersigned on July 22, 2014, at 9:30 a.m. for a status conference to address discovery in this matter. The parties are strongly encouraged to discuss and schedule depositions, to the extent they are able, prior to appearing before the undersigned. The parties are ADMONISHED to conduct this litigation in a manner that will not waste the parties' and the Court's resources and will ensure the "just, speedy, and inexpensive determination" of this action. Signed by Magistrate Judge C Clifford Shirley, Jr on June 13, 2014. (RLK)
July 25, 2014
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ORDER granting 74 Plaintiffs' Motion to Quash Depositions, and the Court will QUASH the pending Notices of Depositions pursuant to Fed. R. Civ. P. 26(c)(1)(A) and Fed. R. Civ. P. 45(d)(3). After conferring with counsel, the Court announced a revised deposition schedule pursuant to Fed. R. Civ. P. 26(c)(1)(C) as set forth more fully herein. With regard to the pending Motion to Quash Subpoena (for the Deposition of Katherine Young) 87, the Clerk of Court is DIRECTED to send notice setting the motion for hearing at 9:30 a.m. on August 12, 2014. Signed by Magistrate Judge C Clifford Shirley, Jr on July 25, 2014. (AYB)
July 25, 2014
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ORDER denying as moot 71 Defendant Herbert Moncier's Motion to Revise the Court's Order to Substitute the Date of August 12th for August 11th for Setting Depositions. Signed by Magistrate Judge C Clifford Shirley, Jr on July 25, 2014. (AYB)
August 11, 2014
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ORDER granting 119 Motion to Continue Hearing regarding [Doc. 119 ] Motion to Quash filed by Non-Party Katherine A. Young. The hearing set to commence at 9:30 a.m. on August 12, 2014 is CANCELLED. The Court will not re-schedule the hearing at this time, and instead, the Court will rely on Ms. Young's counsel and Mr. Moncier to advise the Court when the parties are prepared to go forward with this hearing. If a hearing has not been set by October 15, 2014, the parties are INSTRUCTED to join in a conference call and contact chambers to advise the Court of the status of this dispute. Signed by Magistrate Judge C Clifford Shirley, Jr on August 11, 2014. (RLK)
October 6, 2014
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ORDER denying without prejudice 103 Motion to Compel, to allow refiling, if appropriate, following disposition of the Motion for Entry of Protective Order 85 and Motion to Bifurcate Discovery 86. Because the Motion to Compel is denied as moot, the Court finds that Mr. Moncier's Motion to Revise Order 178, which moves the Court to send notice setting the Motion to Compel for hearing on October 9, 2014, is also moot. Therefore, Mr. Moncier's Motion to Revise Order [Doc. 178] is also DENIED AS MOOT. Signed by Magistrate Judge C Clifford Shirley, Jr on October 6, 2014. (AYB)
October 6, 2014
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ORDER denying as moot 130 the Motion to Strike. Signed by Magistrate Judge C Clifford Shirley, Jr on October 6, 2014. (AYB) (Main Document 185 replaced on 10/6/2014) (ABF, ).
October 8, 2014
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ORDER denying 159 Motion to Expedite. Consistent with the Court's Order 180, entered September 29, 2014, Plaintiffs shall have up to and including October 14, 2014, in which to respond to the Motion to Disqualify Counsel, and Defendants shall have up to and including October 28, 2014, in which to file a final reply in support of the Motion to Disqualify Counsel. As stated in the Notice of Hearing sent September 24, 2014, the undersigned will hear oral arguments on the Motion to Disqualify at 1:30 p.m. on November 19, 2014. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/8/14. (JBR)
November 14, 2014
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MEMORANDUM AND ORDER denying 86 Motion to Bifurcate. Signed by Magistrate Judge C Clifford Shirley, Jr on 11/14/14. (JBR)
November 17, 2015
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MEMORANDUM OPINION AND ORDER: The Court DENIES defendant's appeal of the protective order and supplemental motions [Docs. 268, 270, 273, 276]. Defendant's motion to lift the stay to consider granting relief from the protective order is hereby MOOT [Doc. 284]. Plaintiff is DIRECTED to respond to defendant's motion for an extension of time to file a notice of appeal of the abstention and stay order [Doc. 269] within fourteen days from the entry of this order. Defendant will have seven days from the filing of plaintiff's response to reply. Defendant's motion for an extension of time to file a notice of appeal of the Court's order denying defendant's motion to revise the protective order is DENIED [Doc. 274]. Signed by Chief District Judge Thomas A Varlan on 11/17/15. (JBR)
March 15, 2016
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MEMORANDUM AND ORDER denying 306 Motion Supplement the Record for Purposes of Appeal. Signed by Magistrate Judge C Clifford Shirley, Jr on 3/15/16. (JBR)