11/29/99 1 COMPLAINT filed; Filing Fee $ 150.00 Receipt # 119598
(15+) (alh) [Entry date 11/30/99]
11/29/99 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (alh)
[Entry date 11/30/99]
11/29/99 2 SUMMONS(ES) issued for defendant James W Conway, defendant
James W Conway PSC (ISS-2) (alh) [Entry date 11/30/99]
12/3/99 3 ***UNFILED PER ORDER OF 12/6/99*** MOTION by plaintiff
Michael J Quilling to transfer (2) (alh)
[Entry date 12/06/99] [Edit date 12/07/99]
12/6/99 4 ORDER unfiling [3-1] motion to transfer by plaintiff
Michael J Quilling due to the following deficiency:
completed certificate of service as defined in FRCvP 5(d)
is required; per LR 7.1, mtn must include certificate of
conference & brief. Copies to counsel: 12.07.99 (signed by
Judge Robert B Maloney ) Page(s) 2 (alh)
[Entry date 12/07/99]
12/8/99 5 MOTION with memorandum in support by plaintiff Michael J
Quilling to transfer (11) (alh) [Entry date 12/09/99]
12/15/99 6 ORDER granting [5-1] motion to transfer to docket of
Honorable Joe Kendall (signed by RBM) Copies to counsel:
12.16.99 Page(s) 1 (alh) [Entry date 12/16/99]
12/15/99 6 ORDER REASSIGNING CASE to Judge Joe Kendall (signed by
RBM) Copies to counsel: 12.16.99 Page(s): 1 (alh)
[Entry date 12/16/99]
1/27/00 7 ***VACATED PER ORDER FILED 6/26/00 (#8)***ORDER
consolidating cases, all future filings relevant to this
action shall be marked with civil action no. 3:98-CV-2689-X
(signed by JK) Copies to counsel: 1/28/00 Page(s) 1 (jas)
[Entry date 01/28/00] [Edit date 06/27/00]
1/27/00 -- Case closed (jas) [Entry date 01/28/00]
1/27/00 -- Consolidated Member Case . Lead Case Number: 3:98CV2689 (jas)
[Entry date 01/28/00]
6/26/00 8 ORDER REASSIGNING CASE to Judge Barbara M G. Lynn ( signed by Magistrate Judge Jeff
Kaplan) Copies to counsel: 6/27/00 Page(s): 1 (djd)
[Entry date 06/27/00]
6/26/00 8 ORDER vacating [7-2] order of consolidation filed 1/27/00,
consolidating this case with 3:98-cv-2689-M. This case
will proceed separately under Cause No. 3:99-cv-2699-M. All
pleadings shall be filed under that cause number. The case
will remain with Magistrate Judge Jeff Kaplan for pretrial
management pursuant to the Standing Order of Reference dated
6/16/00 ( signed by Magistrate Judge Jeff Kaplan) Copies to
counsel: 6/27/00 Page(s) 1 (djd) [Entry date 06/27/00]
[Edit date 06/29/00]
6/26/00 8 ORDER REFERRING CASE to Magistrate Judge Jeff Kaplan for
pretrial management pursuant to the Standing Order of
Reference dated 6/16/00 ( signed by Magistrate Judge Jeff
Kaplan) Copies to counsel: 6/27/00 Page(s): 1 (djd)
[Entry date 06/27/00]
6/26/00 9 ORDER REQUIRING ATTORNEY CONFERENCE AND JOINT STATUS
REPORT. Lead counsel for all parties shall meet in person
at a mutually agreeable location not later than 7/17/00.
Joint Status Report and Proposed Scheduling Plan due on
6/27/00 ( signed by
Magistrate Judge Jeff Kaplan) Copies to counsel: Page(s):
4 (djd) [Entry date 06/27/00]
6/26/00 10 STANDING ORDER ON ALL NON-DISPOSITIVE MOTIONS...This case
has been referred to US Magistrate Judge Jeff Kaplan for
pretrial management...The following order shall govern the
disposition of all non-dispositive motions filed in this
case... ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 6/27/00 Page(s) 3
(djd) [Entry date 06/27/00]
6/26/00 -- Case reopened (djd) [Entry date 07/10/00]
6/27/00 11 ORDER...the Receiver is ordered to complete the following
budget by 7/25/00...The Receiver shall also provide the
Court with a good faith estimate of the amount of money he
realistically expects to recover on behalf of the defrauded
investors as a direct result of this lawsuit. ( signed by Magistrate Judge Jeff Kaplan)
Copies to counsel: 6/28/00 Page(s) 2 (djd)
[Entry date 06/28/00]
7/10/00 12 ORDER re: Defendants James W. Conway and James W. Conway,
P.S.C.'s Motion to Strike (#439 filed 4/24/00 in
3:98-cv-2689-M)...the Court determines that the parties
have adequately briefed all the issues raised in
defendants' motion to dismiss. Further briefing will not
assist the Court in resolving the issue of personal
jurisdiction. Accordingly, defendants' motion is denied in
its entirety. ( signed by Magistrate Judge Jeff Kaplan)
Copies to counsel: 7/11/00 Page(s) 1 (djd)
[Entry date 07/11/00]
7/10/00 13 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS of Magistrate
Judge Jeff Kaplan Re: Dfts James W. Conway and James W.
Conway, P.S.C.'s Motion to Dismiss for Lack of Personal
Jurisdiction (#375 filed 1/31/00 in 3:98-cv-2689-M); Dfts'
motion to dismiss for lack of personal jurisdiction should
be granted. All claims against James W. Conway and James W.
Conway, P.S.C. should be dismissed without prejudice.
Motion no longer referred Objections to F and R due by
7/24/00 (7) (djd) [Entry date 07/11/00]
7/10/00 14 INSTRUCTIONS FOR SERVICE AND NOTICE of RIGHT TO OBJECT (2)
(djd) [Entry date 07/11/00]
7/13/00 15 CERTIFIED MAIL executed as to counsel for Michael J
Quilling 7/12/00 [13-1] findings & recommendations (djd)
[Entry date 07/14/00]
7/13/00 16 CERTIFIED MAIL executed as to Michael J Quilling 7/12/00
[13-1] findings & recommendations (djd)
[Entry date 07/14/00]
7/20/00 17 OBJECTION and brief in support by plaintiff Michael J
Quilling to [13-1] findings & recommendations of the US
Magistrate Judge (15) (djd) [Entry date 07/21/00]
7/21/00 -- CASE NO LONGER REFERRED TO Magistrate Judge Jeff Kaplan
(djd)
7/21/00 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd)
7/25/00 18 JOINT STATUS REPORT AND PROPOSED SCHEDULING PLAN SUBJECT TO
JUDGE KAPLAN'S RECOMMENDED DISMISSAL OF DEFENDANTS JAMES
CONWAY AND JAMES CONWAY, P.S.C. by plaintiff Michael J
Quilling, defendant James W Conway, defendant James W
Conway PSC (4) (djd)
7/25/00 19 RECEIVER'S PROPOSED LITIGATION BUDGET/RESPONSE by plaintiff
Michael J Quilling to [11-1] order (3) (djd)
7/31/00 20 RESPONSE by dft James W Conway, dft James W Conway PSC in
opposition to [17-1] objections to findings and
recommendation of the US Magistrate Judge and brief in
support (8) (djd) [Entry date 08/01/00]
9/5/00 21 First Interim Application/MOTION with memorandum in support
by plaintiff Michael J Quilling to allow and pay (1)
receiver's fees and expenses and (2) attorneys' fees and
expenses (11) (djd) [Entry date 09/07/00]
[Edit date 09/07/00]
9/6/00 22 ORDER setting hearing: Motion hearing set for 10:00
10/6/00 for [21-1] motion to allow and pay (1) receiver's
fees and expenses and (2) attorneys' fees and expenses.
Written objections to the fee application must be filed by
9/25/00. ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 9/7/00 Page(s): 2 (djd)
[Entry date 09/07/00]
9/13/00 23 ORDER ADOPTING AND MODIFYING [13-1] findings &
recommendations...The Court further denies the Receiver's
request to transfer, which apparently was not made to the
Magistrate Judge. This Court finds such relief
inappropriate under the circumstances ( Signed by BMGL) Copies to counsel: 9/14/00
Page(s): 2 (djd) [Entry date 09/14/00]
9/13/00 24 JUDGMENT for dft James W Conway, dft James W Conway PSC
against pltf Michael J Quilling. Defendants' Motion to
Dismiss pursuant to Fed. R. Civ. P. 12(b)(2) is granted and
the claims against dfts James Conway and James W. Conway
P.S.C. are dismissed without prejudice ( signed by BMGL) Copies to counsel:
9/14/00 Page(s): 1 (djd) [Entry date 09/14/00]
9/13/00 -- Case closed (djd) [Entry date 09/14/00]
9/27/00 25 Amended ORDER ADOPTING [13-1] findings & recommendations of
the US Magistrate Judge. This order shall be substituted
for the Court's Order issued 9/13/00. Because the revised
order contains no substantive changes, it is thus deemed
entered on 9/13/00. Therefore, the Judgment entered
9/13/00 remains undisturbed (
Signed by BMGL) Copies to counsel: 9/28/00 Page(s): 2 (djd)
[Entry date 09/28/00] [Edit date 09/28/00]
10/5/00 26 RECEIVER'S MOTION by pltf Michael J Quilling for
clarification, or, in the alternative, Motion to Reconsider
(15+/Exhibits Not Imaged) (djd) [Entry date 10/06/00]
10/6/00 27 ORDER re: Receiver's application for $3,412.50 in fees and
$29.19 in expenses for services performed and costs
incurred in this case from 6/1/00-8/31/00. The application
for fees and expenses is approved, as modified, and the
Receiver is authorized to pay the law firm of Quilling,
Selander, Cummiskey & Lownds, P.C. the sum of $822.50 in
fees and $29.19 in expenses for services performed and
costs incurred in this case from 6/1/00-8/31/00. (Signed by Jeff Kaplan) Copies to counsel:
10/6/00 Page(s) 2 (djd)
10/19/00 28 RESPONSE by dft James W Conway, dft James W Conway PSC to
Receiver's [26-1] motion for clarification, or, in the
alternative, Motion to Reconsider and Brief in Support (5)
(djd) [Entry date 10/20/00]
10/23/00 29 ORDER denying [26-1] motion for clarification, or, in the
alternative, Motion to Reconsider (signed by BMGL) Copies
to counsel: 10.24.00 Page(s) 1 (alh) [Entry date 10/24/00]
12/4/00 30 Second Interim & Final Application/MOTION with memorandum
in support by plaintiff Michael J Quilling to allow & pay
(1) receiver's fees & expenses; and (2) attorneys' fees &
expenses (12/exhibit not imaged) (djd) [Entry date 12/05/00]
12/5/00 31 ORDER setting hearing: Motion hearing set for 9:00 1/5/01
for [30-1] motion to allow & pay (1) receiver's fees &
expenses; and (2) attorneys' fees & expenses ( signed by Magistrate Judge Kaplan) Copies
to counsel: 12/6/00 Page(s): 2 (djd) [Entry date 12/06/00]
1/5/01 -- Motion hearing re: [30-1] motion to allow & pay (1)
receiver's fees & expenses; and (2) attorneys' fees &
expenses Motion hearing held (djd) [Entry date 01/08/01]
1/5/01 32 Minute order: Hearing Held on fee applications before
Magistrate Judge Jeff Kaplan Court Reporter: electronic.
Orders to follow. (djd) [Entry date 01/08/01]
1/5/01 33 ORDER denying in its entirety [30-1] motion to allow & pay
(1) receiver's fees & expenses; and (2) attorneys' fees &
expenses. The Court will not entertain any further fee
applications in this case. (
signed by Magistrate Judge Kaplan) Copies to counsel:
1/8/01 Page(s) 2 (djd) [Entry date 01/08/01]