Case details

Court: flmd
Docket #: 8:00-cv-01528
Case Name: Heller v. Caberta
PACER case #: 97731
Date filed: 2000-07-27
Date terminated: 2002-05-10
Assigned to: Judge James D. Whittemore
Case Cause: 28:1332 Diversity-Tort/Non-Motor Vehicle
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Hubert Heller
Plaintiff
an individual
F. Wallace Pope , Jr.
Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St PO Box 1368 Clearwater, FL 33757 727/461-1818 Fax: 727-441-8617 Email: wallyp@jpfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Helena K. Kobrin
Moxon & Kobrin 3500 West Olive Avenue Suite 300 Burbank, CA 91505 213/487-4468
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kendrick L. Moxon
Moxon & Kobrin 3055 Wilshire Blvd., Suite 900 Los Angeles, CA 90010
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ursula Caberta
Defendant
an individual
John Matthew Merrett
Law Office of John M. Merrett Suite 1101 233 E Bay St Jacksonville, FL 32202 904/355-5400 Fax: 904/355-6738 Email: jmerrett@att.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Merkle
Merkle & Magri, P.A. 550 N. Reo St., Suite 301 Tampa, FL 33609 813/281-9000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert S. Minton
Movant
Daniel A. Leipold
Leipold, Donohue & Shipe, LLP 960-A W. 17th St. Santa Ana, CA 92706
LEAD ATTORNEY ATTORNEY TO BE NOTICED

The LIsa McPherson Trust
Movant
Daniel A. Leipold
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2000-07-27 1 0 COMPLAINT filed; jury demand Filing fee $ 150.00 Receipt # T005463 (jlg) (Entered: 07/27/2000)
2000-07-28 2 0 RETURN of service executed as to Ursula Caberta on 7/27/00; Answer due on 8/16/00 for Ursula Caberta (jnb) (Entered: 07/31/2000)
2000-07-31 3 0 RETURN of service executed as to Ursula Caberta on 7/27/00; Answer due on 8/16/00 for Ursula Caberta (jnb) (Entered: 08/01/2000)
2000-08-07 4 0 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jnb) (Entered: 08/07/2000)
2000-08-15 5 0 MOTION by Ursula Caberta with memorandum in support to dismiss complaint (jnb) (Entered: 08/16/2000)
2000-08-22 6 0 MOTION by Hubert Heller with memorandum in support for enlargement of time until 9/15/00 to respond to motion to dismiss (jnb) (Entered: 08/23/2000)
2000-08-22 7 0 APPEARANCE of non-resident counsel and designation of local counsel as to Hubert Heller. Local counsel: F. Wallace Pope. Non-resident counsel: Kendrick L. Moxon. (jnb) (Entered: 08/23/2000)
2000-08-25 8 0 ORDER granting [6-1] motion for enlargement of time until 9/15/00 to respond to motion to dismiss, response to motion set to 9/15/00 for [5-1] motion to dismiss complaint by defendant ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 08/28/2000)
2000-08-25 9 0 RESPONSE by Ursula Caberta to [6-1] motion for enlargement of time until 9/15/00 to respond to motion to dismiss (jnb) (Entered: 08/28/2000)
2000-09-13 10 0 RETURN of service executed as to Ursula Caberta on 7/27/00 Answer due on 8/16/00 for Ursula Caberta (jnb) (Entered: 09/14/2000)
2000-09-22 11 0 ORDER denying [5-1] motion to dismiss complaint as moot. The first amended complaint received by the clerk on 9/15/00 is deemed filed and defendant shall file a response to said amended complaint within 20 days of the date of this order. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 09/25/2000)
2000-09-22 12 0 FIRST AMENDED COMPLAINT by Hubert Heller amending [1-1] complaint (Answer due 10/16/00 for Ursula Caberta ); jury demand (jnb) (Entered: 09/25/2000)
2000-10-05 13 0 CASE MANAGEMENT REPORT (jnb) (Entered: 10/06/2000)
2000-10-06 14 0 MOTION by Ursula Caberta with memorandum in support to dismiss amended complaint (jnb) (Entered: 10/10/2000)
2000-10-06 15 0 MOTION by Ursula Caberta with memorandum in support to dismiss amended complaint for prolixity , to strike jurisdictional amendments contained in the [12-1] amended complaint (jnb) (Entered: 10/10/2000)
2000-10-06 16 0 MOTION by Ursula Caberta with memorandum in support to suspend or restrict discovery pending resolution of the issues of sovereign immunity and personal jurisdiction (jnb) (Entered: 10/10/2000)
2000-10-11 17 0 NOTICE of filing affidavit of Ursula Caberta by Ursula Caberta; attached. (jnb) (Entered: 10/11/2000)
2000-10-12 18 0 AFFIDAVIT of Stacy Brooks by Ursula Caberta Re: [15-1] motion to dismiss amended complaint for prolixity, [15-2] motion to strike jurisdictional amendments contained in the [12-1] amended complaint, [14-1] motion to dismiss amended complaint (jnb) (Entered: 10/13/2000)
2000-10-12 19 0 MOTION by Hubert Heller with memorandum in support to stay response to defendant's motion to dismiss pending completion of jurisdictional discovery , to strike prejudices toward scientology and inflammatory assertions (jnb) (Entered: 10/13/2000)
2000-10-12 20 0 CASE MANAGEMENT REPORT (jnb) (Entered: 10/13/2000)
2000-10-13 21 0 ORDER. All discovery is stayed pending the court's determination of subject matter jurisdiction; denying as moot [16-1] motion to suspend or restrict discovery pending resolution of the issues of sovereign immunity and personal jurisdiction ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 10/16/2000)
2000-10-13 22 0 ORDER TO SHOW cause for why this case should not be dismissed for lack of subject matter jurisdiction: Response due on 10/30/00 for Hubert Heller ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 10/16/2000)
2000-10-13 23 0 MOTION by Hubert Heller with memorandum in support to stay response to defendant's motion to dismiss pending completion of jurisdictional discovery (jnb) (Entered: 10/16/2000)
2000-10-18 24 0 RESPONSE by Ursula Caberta to [19-1] motion to stay response to defendant's motion to dismiss pending of jurisdictional discovery, [19-2] motion to strike prejudices toward scientology and inflammatory assertions (jnb) (Entered: 10/18/2000)
2000-10-20 25 0 ORDER denying [23-1] motion to stay response to defendant's motion to dismiss pending completion of jurisdictional discovery, response to motion set to 11/9/00 for [15-1] motion to dismiss amended complaint for prolixity by defendant ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 10/23/2000)
2000-10-20 26 0 RESPONSE to show cause order filed by plaintiff Hubert Heller (jnb) Modified on 10/25/2000 (Entered: 10/23/2000)
2000-11-01 27 0 CASE MANAGEMENT AND SCHEDULING ORDER setting non-expert witness disclosure deadline 30 days prior to expert witness disclosure deadline; Expert witness disclosure deadline 11/6/01; Discovery cutoff 11/21/01; dispositive motion filing deadline for 9/12/01; Pretrial conference for 9:00 12/21/01; Jury trial set for 2/4/02; Scheduled for Judge James D. Whittemore ( signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 11/02/2000)
2000-11-06 28 0 MOTION by Hubert Heller with memorandum in support for leave to file memorandum exceeding 20 pages in response to defendant's motion to dismiss (jnb) (Entered: 11/07/2000)
2000-11-09 29 0 RESPONSE by Hubert Heller in opposition to [15-1] motion to dismiss amended complaint for prolixity, [15-2] motion to strike jurisdictional amendments contained in the [12-1] amended complaint (jnb) (Entered: 11/14/2000)
2000-11-09 30 0 MEMORANDUM by Hubert Heller in opposition to [14-1] motion to dismiss amended complaint. DOCUMENT STRICKEN AND RETURNED TO COUNSEL PURSUANT TO ORDER #33. (jnb) Modified on 11/24/2000 (Entered: 11/14/2000)
2000-11-17 31 0 ORDER denying [28-1] motion for leave to file memorandum exceeding 20 pages in response to defendant's motion to dismiss ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 11/20/2000)
2000-11-20 32 0 MOTION by Hubert Heller for leave to file opposition to motion to dismiss out of time . (Proposed, signed memorandum in opposition attached.) (sak) (Entered: 11/21/2000)
2000-11-22 33 0 ORDER striking plaintiff's memorandum in opposition to motion to dismiss amended complaint and return to counsel. ( Signed by Judge James D. Whittemore ) ctc (rjc) (Entered: 11/24/2000)
2000-12-06 34 0 ORDER granting [32-1] motion for leave to file opposition to motion to dismiss out of time ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 12/06/2000)
2000-12-06 35 0 MEMORANDUM by Hubert Heller in opposition to [15-1] motion to dismiss amended complaint for prolixity (jnb) (Entered: 12/06/2000)
2000-12-18 36 0 ORDER granting in part, denying in part [14-1] motion to dismiss amended complaint. Counts 1 and 2 are dismissed without prejudicei. Plaintiff is granted leave to file an amended complaint within 20 days of the date of this order, 1/10/01 amended complaint deadline at 1/10/01 for Hubert Heller . The motion is denied in all other respects. Denying motion [15-1] to dismiss amended complaint for prolixity; denying [15-2] motion to strike jurisdictional amendments contained in the [12-1] amended complaint denying [16-1] motion to suspend or restrict discovery pending resolution of the issues of sovereign immunity and personal jurisdiction ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 12/19/2000)
2000-12-18 37 0 ORDER discharging [22-1] order to show cause. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 12/19/2000)
2000-12-29 38 0 NOTICE of interlocutory appeal of [36-1] order by Ursula Caberta. Filing fee unpaid. Transcript information form due on 1/12/01 (jlg) Modified on 01/09/2001 (Entered: 01/02/2001)
2001-01-08 39 0 AMENDED NOTICE of interlocutory appeal of [37-1] order, [36-1] order by Ursula Caberta. Filing fee unpaid. Transcript information form due on 1/22/01 (jlg) Modified on 01/09/2001 (Entered: 01/09/2001)
2001-01-08 40 0 SECOND AMENDED COMPLAINT by Hubert Heller amending [12-1] amended complaint (Answer due 1/26/01 for Ursula Caberta ); jury demand (jnb) (Entered: 01/09/2001)
2001-01-08 41 0 Certificate regarding transcript by Hubert Heller re: [39-1] appeal. No transcript will be ordered. Per conversation with John M. Merrett, Esq. a transcript information order form will be forthcoming. (crs) (Entered: 01/10/2001)
2001-01-23 42 0 MOTION by Ursula Caberta with memorandum in support (second) to dismiss action for lack of personal jurisdiction under the Federal Sovereign Immunities Act (jnb) (Entered: 01/24/2001)
2001-01-23 43 0 MOTION by Ursula Caberta with memorandum in support to suspend discovery pending resolution of second motion to dismiss [42-1] (jnb) (Entered: 01/24/2001)
2001-02-01 44 0 MOTION by Hubert Heller to compel discovery referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 02/02/2001)
2001-02-08 45 0 RESPONSE by Hubert Heller in opposition to [42-1] motion (second) to dismiss action for lack of personal jurisdiction under the Federal Sovereign Immunities Act (jlh) (Entered: 02/09/2001)
2001-02-16 46 0 ORDER denying without prejudice [42-1] motion to dismiss action for lack of personal jurisdiction under the Federal Sovereign Immunities Act, denying [43-1] motion to suspend discovery pending resolution of second motion to dismiss [42-1]. See order for details. (Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 02/20/2001)
2001-02-21 47 0 ORDER denying as moot [44-1] motion to compel discovery ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 02/22/2001)
2001-02-26 48 0 ORDER from USCA dismissing [39-1] appeal for failure to file the record excerpts within the time fixed by the rules. Issued as the mandate. USCA #01-10092-II () ctc (crs) (Entered: 02/26/2001)
2001-03-07 50 0 MOTION by Hubert Heller to compel discovery referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 03/08/2001)
2001-03-12 51 0 MOTION by Hubert Heller (emergency) to compel production of documents referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 03/12/2001)
2001-03-12 52 0 NOTICE of unavailability of counsel between 3/9/01 and 3/25/01 by Ursula Caberta (rjc) (Entered: 03/13/2001)
2001-03-19 53 0 NOTICE of withdrawal of emergency motion to compel production of documents by Hubert Heller (ag) (Entered: 03/19/2001)
2001-03-23 54 0 ORDER denying [19-1] motion to stay response to defendant's motion to dismiss pending completion of jurisdictional discovery, denying [19-2] motion to strike prejudices toward scientology and inflammatory assertions ( Signed by Judge James D. Whittemore ) ctc (jnb) Modified on 12/20/2001 (Entered: 03/26/2001)
2001-03-26 55 0 RESPONSE (NOTICE OF NON-OPPOSITION) by Hubert Heller to [50-1] motion to compel discovery (jnb) (Entered: 03/26/2001)
2001-03-29 56 0 ORDER granting [50-1] motion to compel discovery to the extent that defendant and Willi Beiss shall appear for deposition within 20 days of the date of this order. Defendant shall respond to plaintiff's first request for production of documents within 11 days from the date of this order. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc Note: This order is vacated as it pertains to Willi Beiss pursuant to order [70-1] entered 5/8/01. (jnb) Modified on 05/09/2001 (Entered: 03/29/2001)
2001-03-30 57 0 MOTION by Robert S. Minton, The Lisa McPherson Trust for protective order limiting the use of the depositions of non-parties to this action referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 03/30/2001)
2001-03-30 58 0 MEMORANDUM by Robert S. Minton, The Lisa McPherson in support of [57-1] motion for protective order limiting the use of the depositions of non-parties to this action (jnb) (Entered: 03/30/2001)
2001-03-30 59 0 AFFIDAVIT of Stacy Brooks by Robert S. Minton, The Lisa McPherson Re: [57-1] motion for protective order limiting the use of the depositions of non-parties to this action (jnb) (Entered: 03/30/2001)
2001-03-30 60 0 AFFIDAVIT of Priscilla Coates by Robert S. Minton, The Lisa McPherson Re: [57-1] motion for protective order limiting the use of the depositions of non-parties to this action (jnb) (Entered: 03/30/2001)
2001-03-30 61 0 AFFIDAVIT of Daniel A. Leipold by Robert S. Minton, The Lisa McPherson Re: [57-1] motion for protective order limiting the use of the depositions of non-parties to this action (filed under separate cover) (jnb) Modified on 03/30/2001 (Entered: 03/30/2001)
2001-04-02 62 0 ORDER denying without prejudice [57-1] motion for protective order limiting the use of the depositions of non-parties to this action ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 04/03/2001)
2001-04-13 63 0 MOTION by Ursula Caberta with memorandum in support for protective order , to vacate [56-1] order , or to determine compliance , and for sanctions referred to Magistrate Judge Elizabeth A. Jenkins (rm) (Entered: 04/13/2001)
2001-04-17 64 0 MOTION by Hubert Heller to compel production of documents , for sanctions referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 04/18/2001)
2001-04-18 65 0 AFFIDAVIT (CERTIFICATE OF NON-APPEARANCE) of Christine V. Ales by Hubert Heller Re: non-appearance of Ursula Caberta at deposition (jnb) (Entered: 04/19/2001)
2001-04-18 66 0 NOTICE regarding Willi Beiss by Ursula Caberta (jnb) (Entered: 04/19/2001)
2001-04-30 67 0 MOTION by Hubert Heller (counter) for evidentiary preclusion , (counter) for other sanctions referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 04/30/2001)
2001-04-30 68 0 RESPONSE by Hubert Heller in opposition to [64-2] motion for sanctions (jnb) (Entered: 04/30/2001)
2001-05-01 69 0 RESPONSE by Ursula Caberta to [64-1] motion to compel production of documents (jnb) (Entered: 05/01/2001)
2001-05-08 70 0 ORDER denying [63-1] motion for protective order, granting [63-2] motion to vacate [56-1] order to the extent that the 3/29/01 order is vacated as it pertains to Willi Beiss, denying [63-3] motion to determine compliance, denying [63-4] motion for sanctions, denying without prejudice [67-1] motion for evidentiary preclusion, denying without prejudice [67-2] motion for other sanctions ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 05/10/2001)
2001-05-08 71 0 ORDER granting [64-1] motion to compel production of documents to the extent that defendant shall provide either a privilege log or documents responsive to request 12 of plaintiff's second request for production of documents within 20 days. The motion is otherwise denied. Denying [64-2] motion for sanctions ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 05/09/2001)
2001-05-18 72 0 RESPONSE (OBJECTION) by Ursula Caberta to [70-1] order requiring defendant to appear for deposition in the Middle District of Florida on the issue of jurisdiction under the Foreign Sovereign Immunities Act (jnb) (Entered: 05/21/2001)
2001-05-21 73 0 MOTION by Ursula Caberta with memorandum in support to stay the effect of the Magistrate Judge's order of 5/8/01 pending determination by the court of defendant's objection to that order (jnb) (Entered: 05/21/2001)
2001-05-22 74 0 SUPPLEMENT by Ursula Caberta to [72-1] objection to Magistrate's order of 5/8/01 (jnb) (Entered: 05/22/2001)
2001-05-24 75 0 RESPONSE (OPPOSITION) by Hubert Heller to [73-1] motion to stay the effect of the Magistrate Judge's order of 5/8/01 pending determination by the court of defendant's objection to that order (jnb) (Entered: 05/25/2001)
2001-06-04 76 0 MOTION by Hubert Heller for clarification of [71-1] order regarding production of documents , to amend [71-1] order regarding production of documents referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 06/05/2001)
2001-06-06 77 0 ORDER overruling [72-1] objections to report and recommendation; denying as moot [73-1] motion to stay the effect of the Magistrate Judge's order of 5/8/01 pending determination by the court of defendant's objection to that order. The deadline for discovery related to the Federal Sovereign Immunities Act is extended to 7/31/01 and the deadline for defendant to renew her motion to dismiss is extended to 8/31/01. Each party shall bear their own costs, including travel expenses. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 06/07/2001)
2001-06-08 78 0 ORDER (USCA) that appellant's motion to remedy default, set aside dismissal and reinstate appeal is granted. Appellee's brief is due 30 days from date of order. Order filed at the 11th Circuit Court of Appeals on 4/2/01. USCA # 01-10092-II (crs) (Entered: 06/11/2001)
2001-06-19 79 0 CERTIFICATE of readiness with certified copies of indexed district court docket sheet sent to USCA re: [39-1] appeal (ROA consists of: Volume pleadings: 5; Volume exhibits: 1 folder;) USCA# 01-10092-II (crs) (Entered: 06/19/2001)
2001-06-21 80 0 ORDER granting [76-1] motion for clarification of [71-1] order regarding production of documents and [76-2] motion to amend [71-1] order regarding production of documents to the extent that if any records responsive to Requests 9 through 17 are in defendant's possession, custody, or control, they shall be produced within 10 days of the date of this order. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 06/22/2001)
2001-07-03 82 0 MOTION by Hubert Heller to increase length of deposition of defendant Ursula Caberta for 2 days referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/05/2001)
2001-07-05 83 0 MOTION by Hubert Heller to compel second set of interrogatories referred to Magistrate Judge Elizabeth A. Jenkins (jlh) (Entered: 07/06/2001)
2001-07-12 84 0 MOTION by Hubert Heller to compel forthwith compliance with order dated 6/21/01 , for sanctions referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/12/2001)
2001-07-12 85 0 MOTION by Hubert Heller (emergency) to shorten time on motion to compel forthwith compliance with order dated 6/21/01 referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/12/2001)
2001-07-12 86 0 CORRECTED MOTION correcting [84-1], [84-2] motion (corrected) to compel forthwith compliance with order dated 6/21/01 , (corrected) for sanctions by Hubert Heller; referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/12/2001)
2001-07-12 87 0 CORRECTED MOTION correcting [85-1] motion (corrected emergency) to shorten time on motion to compel forthwith compliance with order dated 6/21/01 by Hubert Heller; referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/12/2001)
2001-07-12 88 0 ORDER granting [85-1] motion to shorten time on motion to compel forthwith compliance with order dated 6/21/01, response to motion set to 7/17/01 for [84-1] motion to compel forthwith compliance with order dated 6/21/01 by plaintiff, set to 7/17/01 for [84-2] motion for sanctions by plaintiff ( Signed by Magistrate Judge Elizabeth A. Jenkins ) (jnb) Modified on 07/13/2001 (Entered: 07/12/2001)
2001-07-17 89 0 RESPONSE by Ursula Caberta to [82-1] motion to increase length of deposition of defendant Ursula Caberta for 2 days (jnb) (Entered: 07/17/2001)
2001-07-17 90 0 RESPONSE by Ursula Caberta to [88-1] order setting response to motion for 7/17/01 for [84-1] motion to compel forthwith compliance with order dated 6/21/01 by plaintiff, set to 7/17/01 for [84-2] motion for sanctions by plaintiff (jnb) (Entered: 07/17/2001)
2001-07-17 91 0 ORDER granting [82-1] motion to increase length of deposition of defendant Ursula Caberta to 2 days ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 07/18/2001)
2001-07-17 92 0 ORDER TO SHOW cause for why sanctions should not be imposed due to defendant's delay in providing the discovery responses at issue: Response due on 8/3/01 for Ursula Caberta. Denying [86-1] amended motion to compel forthwith compliance with order dated 6/21/01 as moot. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 07/18/2001)
2001-07-20 93 0 ORDER granting [83-1] motion to compel second set of interrogatories. Defendant shall respond prior to her deposition on 7/25/01. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 07/23/2001)
2001-07-20 94 0 TELEPHONIC DISCOVERY CONFERENCE held on 7/20/01 before Magistrate Judge Elizabeth A. Jenkins regarding the scheduled deposition of defendant on 7/25/01. Tape: 59/1891-2718. (jnb) Modified on 07/23/2001 (Entered: 07/23/2001)
2001-07-20 95 0 NOTICE of attorney appearance for Ursula Caberta by Robert Merkle (jnb) (Entered: 07/23/2001)
2001-07-23 96 0 MEMORANDUM by Hubert Heller regarding emergency request for hearing regarding the deposition of defendant Ursula Caberta (jnb) (Entered: 07/23/2001)
2001-07-23 97 0 MOTION by Ursula Caberta with memorandum in support (emergency) for protective order referred to Magistrate Judge Elizabeth A. Jenkins (jnb) (Entered: 07/23/2001)
2001-07-23 98 0 NOTICE by Ursula Caberta of unavailability of counsel from 7/19/01 to 8/1/01 (ag) (Entered: 07/24/2001)
2001-07-24 99 0 RESPONSE by Hubert Heller in opposition to [97-1] motion for protective order (jnb) (Entered: 07/24/2001)
2001-07-24 100 0 ORDER denying [97-1] motion for protective order ( Signed by Magistrate Judge Thomas G. Wilson ) ctc (jnb) (Entered: 07/25/2001)
2001-07-30 101 0 NOTICE of no response by defendant to order to show cause regarding sanctions by Hubert Heller (jnb) (Entered: 07/31/2001)
2001-07-31 102 0 TRANSCRIPT of discovery conference held on 7/20/01 before Magistrate Judge Elizabeth A. Jenkins. Transcript filed separately. (jnb) (Entered: 07/31/2001)
2001-08-21 103 0 ORDER. Defendant shall pay sanctions in the amount of $500.00 to plaintiff within 10 days of the date of this order. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 08/22/2001)
2001-09-04 104 0 MOTION by Ursula Caberta with memorandum in support for leave to file renewed motion to dismiss for lack of subject matter jurisdiction (FSIA) one day late ; proposed renewed motion attached. (jnb) (Entered: 09/05/2001)
2001-09-04 105 0 MOTION by Hubert Heller to compel further deposition of defendant Ursula Caberta , to compel responses to deposition questions , for attorney fees and costs ; referred to Magistrate Judge Elizabeth A. Jenkins; exhibits filed under separate cover. (jnb) (Entered: 09/05/2001)
2001-09-13 106 0 MOTION by Hubert Heller (to suspend) to stay time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders (jnb) (Entered: 09/17/2001)
2001-09-13 107 0 MOTION by Hubert Heller to shorten time to hear plaintiff's motion to suspend time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders . (jnb) (Entered: 09/17/2001)
2001-09-17 108 0 ORDER granting [104-1] motion for leave to file renewed motion to dismiss for lack of subject matter jurisdiction (FSIA) one day late ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 09/17/2001)
2001-09-17 109 0 MOTION by Ursula Caberta with memorandum in support (renewed) to dismiss action for lack of subject matter jurisdiction (FSIA) , (renewed) for summary judgment as to liability ; exhibits filed under separate cover. (jnb) Modified on 09/19/2001 (Entered: 09/19/2001)
2001-09-19 110 0 ORDER granting [107-1] motion to shorten time to hear plaintiff's motion to suspend time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders, response to motion set to 10/1/01 for [106-1] motion to stay time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders by plaintiff . The deadline for plaintiff's response to the renewed motion to dismiss for lack of subject matter jurisdiction is tolled until the court enters a ruling on the plaintiff's motion to suspend time. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 09/20/2001)
2001-09-21 111 0 RESPONSE by Ursula Caberta to [106-1] motion to stay time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders (jnb) (Entered: 09/24/2001)
2001-09-24 112 0 MOTION by Ursula Caberta with memorandum in support to strike [105-1] motion to compel further deposition of defendant Ursula Caberta, [105-2] motion to compel responses to deposition questions, [105-3] motion for attorney fees and costs referred to Magistrate Judge Elizabeth A. Jenkins. (jnb) (Entered: 09/24/2001)
2001-09-24 113 0 RESPONSE by Hubert Heller to [112-1] motion to strike [105-1] motion to compel further deposition of defendant Ursula Caberta, [105-2] motion to compel responses to deposition questions, [105-3] motion for attorney fees and costs and MOTION for leave to file revised motion to compel referred to Magistrate Judge Elizabeth A. Jenkins; proposed motion to compel attached. (jnb) (Entered: 09/25/2001)
2001-09-26 114 0 ORDER granting [106-1] motion to suspend time to file opposition to defendant's motion for summary judgment pending defendant's compliance with outstanding discovery orders until such time as the parties file a notice informing the court the the Magistrate Judge has entered a ruling on plaintiff's motion to compel [105-1]. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 09/27/2001)
2001-09-26 115 0 ORDER denying [112-1] motion to strike [105-1] motion to compel further deposition of defendant Ursula Caberta, [105-2] motion to compel responses to deposition questions, [105-3] motion for attorney fees and costs, granting [113-1] motion for leave to file revised motion to compel to the extent that the court accepts its 25-page motion to compel [105-1], response to motion set to 10/9/01 for [105-1] motion to compel further deposition of defendant Ursula Caberta by plaintiff, set to 10/9/01 for [105-2] motion to compel responses to deposition questions by plaintiff, set to 10/9/01 for [105-3] motion for attorney fees and costs by plaintiff ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 09/27/2001)
2001-09-27 116 0 NOTICE by Ursula Caberta of change of address for counsel, John M. Merrett (ag) (Entered: 09/28/2001)
2001-10-03 117 0 RESPONSE by Ursula Caberta to [105-1] motion to compel further deposition of defendant Ursula Caberta, [105-2] motion to compel responses to deposition questions, [105-3] motion for attorney fees and costs (jnb) (Entered: 10/04/2001)
2001-10-09 118 0 MOTION by Hubert Heller for leave to file reply memorandum in support of motion to compel further deposition of defendant Ursala Caberta referred to Magistrate Judge Elizabeth A. Jenkins; proposed reply attached. (jnb) (Entered: 10/10/2001)
2001-10-10 119 0 CERTIFICATE OF COMPLIANCE (CERTIFICATION) with Rule 3.01 by Hubert Heller Re: reply in support of motion to compel further deposition of defendant Ursula Caberta. (jnb) (Entered: 10/11/2001)
2001-10-12 120 0 ORDER, Motion hearing set for 9:30 10/24/01 for [105-1] motion to compel further deposition of defendant Ursula Caberta, set for 9:30 10/24/01 for [105-2] motion to compel responses to deposition questions, set for 9:30 10/24/01 for [105-3] motion for attorney fees and costs, set for 9:30 10/24/01 for [118-1] motion for leave to file reply memorandum in support of motion to compel further deposition of defendant Ursala Caberta; Scheduled for Magistrate Judge Elizabeth A. Jenkins . ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 10/15/2001)
2001-10-19 121 0 RESPONSE by Ursula Caberta to [118-1] motion for leave to file reply memorandum in support of motion to compel deposition of defendant Ursala Caberta. (jnb) (Entered: 10/22/2001)
2001-10-24 122 0 MOTION HEARING held on 10/24/01 re: [105-3] motion for attorney fees and costs, [118-1] motion for leave to file reply memorandum in support of motion to compel further deposition of defendant Ursala Caberta before Magistrate Judge Elizabeth A. Jenkins. Motion for leave to file reply memorandum [118-1] denied as moot. Written order to follow. Tape: 87/1136-3700. (jnb) Modified on 10/25/2001 (Entered: 10/25/2001)
2001-10-30 123 0 MOTION by Hubert Heller to vacate [27-1] Scheduling order . (jnb) (Entered: 10/31/2001)
2001-10-31 124 0 MOTION by Ursula Caberta with memorandum in support to recuse Magistrate Judge , for new hearing on [105-1] motion to compel further deposition of defendant Ursula Caberta referred to Magistrate Judge Elizabeth A. Jenkins. (jnb) (Entered: 11/01/2001)
2001-11-01 125 0 TRANSCRIPT of hearing on motion to compel held on 10/24/01 before Judge Elizabeth A. Jenkins. Transcript filed separately. (jnb) (Entered: 11/02/2001)
2001-11-01 126 0 SUPPLEMENT by Ursula Caberta to [124-1] motion to recuse Magistrate Judge, [124-2] motion for new hearing on [105-1] motion to compel further deposition of defendant Ursula Caberta. (jnb) (Entered: 11/02/2001)
2001-11-01 127 0 RESPONSE by Ursula Caberta to [123-1] motion to vacate [27-1] Scheduling order. (jnb) (Entered: 11/02/2001)
2001-11-02 128 0 ORDER [124-1] motion to recuse Magistrate Judge taken under advisement, [124-2] motion for new hearing on [105-1] motion to compel further deposition of defendant Ursula Caberta taken under advisement, response to motion set to 11/9/01 for [124-1] motion to recuse Magistrate Judge by defendant, set to 11/9/01 for [124-2] motion for new hearing on [105-1] motion to compel further deposition of defendant Ursula Caberta by defendant ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 11/05/2001)
2001-11-08 129 0 ORDER granting [123-1] motion to vacate [27-1] Scheduling order. Expert witness disclosure deadline extended to 3/12/02, reset discovery due for 3/26/02 , reset dispositive motion filing deadline for 4/5/02 , reset pretrial conference for 10:00 5/10/02; scheduled for Judge James D. Whittemore , reset jury trial for 6/3/02; scheduled for Judge James D. Whittemore ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 11/09/2001)
2001-11-09 130 0 MEMORANDUM by Hubert Heller in opposition to [124-1] motion to recuse Magistrate Judge. (jnb) (Entered: 11/13/2001)
2001-11-15 131 0 ORDER (USCA) dismissing [38-1] appeal, dismissing [39-1] appeal for want of appellate jurisdiction. USCA # 01-10092-II (crs) (Entered: 11/16/2001)
2001-11-16 132 0 ORDER denying [124-1] motion to recuse Magistrate Judge, denying [124-2] motion for new hearing on [105-1] motion to compel further deposition of defendant Ursula Caberta ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 11/19/2001)
2001-11-16 133 0 ORDER granting [105-1] motion to compel further deposition of defendant Ursula Caberta, granting [105-2] motion to compel responses to deposition questions granting [105-3] motion for attorney fees and costs. See order for details. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 11/19/2001)
2001-11-28 134 0 BILL OF COSTS taxed in the amount of $79.20 against appellant, Hubert Heller and payable to appellee, Ursula Caberta. USCA # 01-10092-II (crs) (Entered: 11/28/2001)
2001-12-05 135 0 DECLARATION of Kendrick Moxon by Hubert Heller Re: [105-3] motion for attorney fees and costs. (jnb) (Entered: 12/06/2001)
2001-12-06 136 0 OBJECTION by Ursula Caberta to [133-1] order regarding plaintiff's motion to compel. (jnb) (Entered: 12/07/2001)
2001-12-06 137 0 OBJECTION by Ursula Caberta to [132-1] order denying defendant's motion to recuse. (jnb) (Entered: 12/07/2001)
2001-12-11 138 0 MOTION by Ursula Caberta with memorandum in support to continue deposition of Ursula Caberta referred to Magistrate Judge Elizabeth A. Jenkins. (jnb) (Entered: 12/11/2001)
2001-12-14 139 0 SUPPLEMENT by Ursula Caberta to [136-1] objection to Magistrate Judge's order on plaintiff's motion to compel. (jnb) (Entered: 12/17/2001)
2001-12-14 140 0 SUPPLEMENTAL MATERIAL by Ursula Caberta to [109-1] motion to dismiss action for lack of subject matter jurisdiction (FSIA), [109-2] motion for summary judgment as to liability (correspondence from Federal Republic of Germany, Consulate General). (jnb) (Entered: 12/17/2001)
2001-12-19 141 0 RESPONSE by Hubert Heller to [136-1] objection to order on plaintiff's motion to compel. (jnb) Modified on 12/20/2001 (Entered: 12/20/2001)
2001-12-19 142 0 MEMORANDUM by Hubert Heller in opposition to [137-1] objection to order denying defendant's motion to recuse magistrate. (jnb) (Entered: 12/20/2001)
2001-12-19 143 0 MEMORANDUM by Hubert Heller in opposition to [138-1] motion to continue deposition of Ursula Caberta. (jnb) (Entered: 12/20/2001)
2001-12-21 144 0 RESPONSE by Ursula Caberta to [135-1] declaration of Kendrick Moxon in connection with fees determination. (jnb) (Entered: 12/26/2001)
2002-01-25 145 0 ORDER denying [138-1] motion to continue deposition of Ursula Caberta. Defendant shall conduct the deposition within 30 days of the date of this order. See order for details. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 01/28/2002)
2002-01-29 146 0 ORDER granting [105-3] motion for attorney fees and costs. The defendant shall pay to plaintiff, within 30 days of the date of this order, $5,249.50, representing $3,250.00 in attorney's fees and $1,999.50 in expenses, pursuant to this court's order dated 11/16/01. ( Signed by Magistrate Judge Elizabeth A. Jenkins ) ctc (jnb) (Entered: 01/30/2002)
2002-01-31 147 0 ORDER overruling [136-1] objection to order on motion to compel; overruling [137-1] objection to order on motion to recuse magistrate judge. Defendant shall appear for deposition by 2/25/02. response to motion set to 3/29/02 for [109-1] motion to dismiss action for lack of subject matter jurisdiction (FSIA) by defendant, set to 3/29/02 for [109-2] motion for summary judgment as to liability by defendant . See order for details. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 02/01/2002)
2002-02-01 148 0 NOTICE of State Department's refusal to intervene in this action by Hubert Heller. (jnb) (Entered: 02/04/2002)
2002-02-12 149 0 OBJECTION by Ursula Caberta in opposition to [146-1] order in connection with fees determination. (jnb) (Entered: 02/12/2002)
2002-02-21 150 0 RESPONSE by Hubert Heller to [149-1] objection to Magistrage Judge's order on fees (jnb) (Entered: 02/22/2002)
2002-02-22 151 0 NOTICE of inability to appear at court ordered deposition by Ursula Caberta (jnb) (Entered: 02/25/2002)
2002-03-05 152 0 CORRESPONDENCE dated 2/22/02 from the Consul General of the Federal Republic of Germany, Dr. Volker Anding, for Ursula Caberta re: aide-memoire regarding the position of the Federal Republic of Germany to claim sovereign immunity in the case. (jnb) (Entered: 03/06/2002)
2002-03-05 153 0 MOTION by Ursula Caberta with memorandum in support to strike request for attorney fees contained in the [150-1] response to defendant's objection to Magistrate Judge's order on fees (jnb) (Entered: 03/06/2002)
2002-03-05 154 0 EMERGENCY MOTION by Hubert Heller with memorandum in support (emergency) to stay response to defendant's motion to dismiss and for summary judgment pending this court's consideration of plaintiff's motion for sanctions (jnb) (Entered: 03/06/2002)
2002-03-08 155 0 ORDER denying [154-1] motion to stay response to defendant's motion to dismiss and for summary judgment pending this court's consideration of plaintiff's motion for sanctions ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 03/08/2002)
2002-03-21 156 0 RESPONSE by Hubert Heller in opposition to [153-1] motion to strike request for attorney fees contained in the [150-1] response to defendant's objection to Magistrate Judge's order on fees (jnb) (Entered: 03/22/2002)
2002-03-22 157 0 ORDER denying [153-1] motion to strike request for attorney fees contained in the [150-1] response to defendant's objection to Magistrate Judge's order on fees ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 03/25/2002)
2002-03-25 158 0 CONSENTED MOTION by Hubert Heller (consented) for extension of time to respond to motion to dismiss and for summary judgment for 1 week (jnb) (Entered: 03/26/2002)
2002-03-28 159 0 ORDER granting [158-1] consent motion for extension of time to respond to motion to dismiss and for summary judgment for 1 week, response to motion set to 4/5/02 for [109-1] motion to dismiss action for lack of subject matter jurisdiction (FSIA) by defendant, set to 4/5/02 for [109-2] motion for summary judgment as to liability by defendant ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 03/29/2002)
2002-04-05 160 0 CROSS MOTION by Hubert Heller for sanctions for violation of court orders (jlh) (Entered: 04/08/2002)
2002-04-22 161 0 RESPONSE by Ursula Caberta to [160-1] cross motion for sanctions for violation of court orders (jnb) (Entered: 04/23/2002)
2002-05-01 162 0 MOTION by Hubert Heller for leave to file reply to defendant's response to plaintiff's cross-motion for sanctions regarding subject matter jurisdiction and judgment (jnb) (Entered: 05/02/2002)
2002-05-07 163 0 ORDER denying [162-1] motion for leave to file reply to defendant's response to plaintiff's cross-motion for sanctions regarding subject matter jurisdiction and judgment ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 05/08/2002)
2002-05-09 164 0 JOINT MOTION by Hubert Heller, Ursula Caberta to vacate pretrial and trial dates (jlh) (Entered: 05/09/2002)
2002-05-10 165 0 ORDER granting [109-1] motion to dismiss action for lack of subject matter jurisdiction (FSIA), denying as moot [109-2] motion for summary judgment as to liability. The clerk is directed to close this case. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 05/13/2002)
2002-05-20 166 0 NOTICE OF APPEAL by Hubert Heller re: [165-1] order. Filing fee $ 105.00; Receipt # T015868 Certificate of Readiness due on 6/3/02. ctc (dlg) Modified on 05/21/2002 (Entered: 05/21/2002)
2002-05-23 167 0 MOTION by Ursula Caberta with memorandum in support for attorney's fees , to tax costs (jnb) (Entered: 05/24/2002)
2002-05-30 168 0 NOTICE OF CROSS-APPEAL by Ursula Caberta re: [147-1] order response to motion set to 3/29/02 for [109-1] motion to dismiss action for lack of subject matter jurisdiction (FSIA) by defendant, set to 3/29/02 for [109-2] motion for summary judgment as to liability by defendant. Filing fee $ 105.00; Receipt # T016009 ctc (dlg) (Entered: 05/30/2002)
2002-06-05 169 0 UNOPPOSED EMERGENCY MOTION by Hubert Heller with memorandum in support (unopposed emergency) for extension of time to respond to defendant's motion for attorney's fees, expenses and costs until 6/24/02 (jnb) (Entered: 06/05/2002)
2002-06-07 170 0 ORDER granting [169-1] motion for extension of time to respond to defendant's motion for attorney's fees, expenses and costs until 6/24/02, response to motion set to 6/24/02 for [167-1] motion for attorney's fees by defendant, set to 6/24/02 for [167-2] motion to tax costs by defendant ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 06/10/2002)
2002-06-12 171 0 CERTIFICATE of readiness with certified copies of indexed district court docket sheet sent to USCA re: [168-1] appeal, [166-1] appeal (ROA consists of: Volume pleadings: 8; Volume transcripts: 2; Volume documentary exhibits: 3) USCA# 02-12887-A (dlg) (Entered: 06/12/2002)
2002-06-24 172 0 RESPONSE by Hubert Heller in opposition to [167-1] motion for attorney's fees, [167-2] motion to tax costs (snp) (Entered: 06/25/2002)
2002-07-19 173 0 ORDER [167-1] motion for attorney's fees referred to Magistrate Judge Elizabeth A. Jenkins, [167-2] motion to tax costs referred to Magistrate Judge Elizabeth A. Jenkins ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 07/22/2002)
2002-10-02 174 0 REPORT AND RECOMMENDATION of Magistrate Judge Elizabeth A. Jenkins recommending that the [167-1] motion for attorney's fees pursuant to 42 U.S.C. Section 1988 and 28 U.S.C. Section 1927 be denied and pursuant to Florida Statute Setion 501.2105 be denied without prejudice, and the [167-2] motion to tax costs be granted in the amount of $1,416.22 and the remainder of the costs of $1,538.52 be denied without prejudice; Motion no longer referred; Objections to R and R due by 10/21/02. (jnb) Modified on 10/04/2002 (Entered: 10/03/2002)
2002-10-21 175 0 OBJECTION by Ursula Caberta to [174-1] report and recommendations on motion for attorney fees (rm) Modified on 10/25/2002 (Entered: 10/22/2002)
2002-11-07 176 0 REPLY opposition by Hubert Heller to objections response to [167-1] motion for attorney's fees (jlh) (Entered: 11/08/2002)
2002-11-18 177 0 ORDER adopting [174-1] report and recommendation; denying [167-1] motion for attorney's fees. Defendant is granted leave to reassert her motion for attorney fees after all appeals have been exhausted. Granting [167-2] motion to tax costs to the extent that defendant is awarded costs in the amount of $1,416.22. ( Signed by Judge James D. Whittemore ) ctc (jnb) (Entered: 11/19/2002)
2002-11-20 178 0 ORDER that defendant shall file an amended bill of costs, within 15 days of the date of this order reflecting the costs awarded in the court's order dated 11/15/02 ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 11/21/2002)
2002-12-03 179 0 BILL OF COSTS taxed in the amount of $1,416.22 ctc (jlh) (Entered: 12/04/2002)
2003-06-20 180 0 ORDER that within 15 days from the date of this order, plaintiff shall file a statement of the costs and reasonable attorney's fees he incurred as a result of defendant's failure to appear at her deposition on 7/25/01. Defendant may file a response thereto within 10 days thereafter.. ( Signed by Judge James D. Whittemore ) ctc (wlb) (Entered: 06/23/2003)
2003-07-07 181 0 RESPONSE by Hubert Heller to [180-1] order (bls) (Entered: 07/08/2003)
2003-07-10 182 0 USCA DECISION (certified copy) vacating [168-1] cross- appeal, [166-1] appeal; affirming judgment/order and remanding for the District Court to determine the costs and fees to be assessed and awarded pursuant to the sanction order Mandate date: 7/8/03 USCA EOD: 6/9/03 USCA # 02-12887-AA (crs) (Entered: 07/10/2003)
2003-07-10 183 0 BILL OF COSTS taxed in the amount of $306.05 against appellant, Hubert Heller and payable directly to appellee, Ursula Caberta. USCA # 02-12887-AA (crs) (Entered: 07/11/2003)
2003-07-15 184 0 SECOND MOTION by Ursula Caberta with memorandum in support (second) for attorney fees , and costs (jlh) (Entered: 07/16/2003)
2003-07-15 185 0 RESPONSE by Ursula Caberta to [180-1] order dated 6/19/03 (jlh) (Entered: 07/16/2003)
2003-07-16 186 0 NOTICE by Ursula Caberta of change of address for counsel (jlg) (Entered: 07/17/2003)
2003-07-29 187 0 CONSENTED MOTION by Hubert Heller (consented) to extend time to respond to motion for fees (jlg) (Entered: 07/30/2003)
2003-08-04 188 0 ORDER granting [187-1] consent motion to extend time to respond to motion for fees response to motion set to 8/11/03 for [184-1] motion (second) for attorney fees ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 08/05/2003)
2003-08-11 189 0 RESPONSE by Hubert Heller in opposition to [184-1] motion (second) for attorney fees (ch) (Entered: 08/12/2003)
2003-08-18 190 0 MOTION by Ursula Caberta for leave to file reply brief to plaintiff's opposition to defendant's second motion for attorney's fees, expenses, and costs pursuant to FUDTPA . Original reply brief attached. (jab) (Entered: 08/19/2003)
2003-08-21 191 0 ORDER granting [190-1] motion for leave to file reply brief to plaintiff's opposition to defendant's second motion for attorney's fees, expenses, and costs pursuant to FUDTPA. ( Signed by Judge James D. Whittemore ) ctc (eec) (Entered: 08/22/2003)
2003-08-21 192 0 REPLY by Ursula Caberta to response to [184-1] second motion for attorney fees, [184-2] motion costs. (eec) (Entered: 08/22/2003)
2004-03-03 193 0 ORDER that defendant shall pay to plaintiff $5,249.50, representing $3,250.00 in attorney's fees and $1,999.50 in expenses as sanctions for the defendant's failure to appear for the first day of her deposition on 7/25/01. The sanctions are payable to plaintiff forthwith. (Signed by Judge James D. Whittemore ) ctc (mrh) (Entered: 03/03/2004)
2004-03-03 194 0 ORDER denying [184-1] second motion for attorney fees, denying second [184-2] motion costs ( Signed by Judge James D. Whittemore ) ctc (mrh) (Entered: 03/03/2004)
2004-03-15 195 0 MOTION by Hubert Heller with memorandum in support for final entry of judgment for attorney's fees and costs against Ursula Caberta in the total amount of $5,286.88 plus interest (mrh) Modified on 03/24/2004 (Entered: 03/16/2004)
2004-03-19 196 0 RESPONSE by Hubert Heller to [195-1] motion for final entry of judgment for attorney's fees and costs against Ursula Caberta in the total amount of $5,286.88 interest (mrh) Modified on 03/24/2004 (Entered: 03/22/2004)
2004-03-24 197 0 ORDER granting [195-1] motion for final entry of judgment for attorney's fees and costs against Ursula Caberta in the total amount of $5,286.88 plus interest, to the extent that the Clerk is directed to enter judgment in favor of plaintiff and against defendant in the amount of $5,249.50. ( Signed by Judge James D. Whittemore ) ctc (mrh) (Entered: 03/24/2004)
2004-03-24 198 0 JUDGMENT for attorneys' fees and costs is entered in favor of Plaintiff, Hubert Heller, and against Defendant, Ursula Caberta. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (mrh) (Entered: 03/24/2004)
2004-03-31 199 0 MOTION by Ursula Caberta with memorandum in support for entry of judgment against plaintiff in the amount of $1,722.27 (mrh) (Entered: 03/31/2004)
2004-04-02 200 0 ORDER granting [199-1] motion for entry of judgment against plaintiff in the amount of $1,722.27 and Judgment is entered in favor of the defendant in the amount of $1,722.27 for which let execution issue. ( Signed by Judge James D. Whittemore ) ctc (jlh) Modified on 04/06/2004 (Entered: 04/05/2004)