Massachusetts District Court, Case No. 1:05-cv-11736-GAO:
Levine v. ZNQ3, Inc. et al

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No Logo Kenneth Levine, Plaintiff

Amber Anderson Villa
Sally & Fitch LLP
Phone: +1 617 542 5542
Fax: +1 617 542 1542
E-Mail: aav@sally-fitch.com

Robert Mendillo
Sally & Fitch LLP
Phone: +1 617 542 5542
Fax: +1 617 542 1542
E-Mail: rmm@sally-fitch.com

Jonathan W. Fitch
Sally & Fitch LLP
Phone: +1 617 542 5542
Fax: +1 617 542 1542
E-Mail: jwf@sally-fitch.com

No Logo Charles Morgan, Defendant

Andru H. Volinsky
Bernstein, Shur, Sawyer & Nelson, PA
Phone: +1 603 623 8700
Fax: +1 603 623 7775
E-Mail: avolinsky@bernsteinshur.com

No Logo Jefftey L. Stutzman, Defendant

Arnold Rosenblatt
Cook Little Rosenblatt & Manson PLLC
Phone: +1 603 621 7100
E-Mail: a.rosenblatt@clrm.com

No Logo ZNQ3, Inc., Defendant

Laurie A. Frankl
Rodgers, Powers & Schwartz LLP
Phone: +1 617 742 7010
Fax: +1 617 742 7225
E-Mail: laurie@theemploymentlawyers.com

No Logo Tim Platt, Movant

No attorney information is available for this party.

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Office Boston
Filed 8/22/2005
Jury Demand Defendant
Demand
Nature of Suit 370 - Personal Property: Fraud or Truth-In-Lending
Cause Section 28 U.S.C. § 1332 Diversity-Fraud
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Norfolk
Terminated 12/12/2006
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 05-1343[Norfolk Superior Court]
Def Custody Status
Flag CLOSED
 -- Filed: 8/22/2005, Entered: 8/25/2005 Magistrate Judge Assignment
If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings. (Edge, Eugenia)
PDF 1 Filed: 8/22/2005, Entered: 8/25/2005 Notice of Removal
NOTICE OF REMOVAL by ZNQ3, Inc., Jefftey L. Stutzman, Charles Morgan from Norfolk Superior Court, case number 05-01343. $ 250, receipt number 66438, filed by ZNQ3, Inc., Jefftey L. Stutzman, Charles Morgan. (Attachments: # (1) Civil Cover Sheet)(Edge, Eugenia)
PDF 2 Filed: 8/25/2005, Entered: 8/25/2005 Answer to Complaint
ANSWER to Complaint with Jury Demand by Jefftey L. Stutzman.(Rosenblatt, Arnold)
PDF 3 Filed: 8/29/2005, Entered: 8/29/2005 Answer to Complaint
ANSWER to Complaint by ZNQ3, Inc..(Frankl, Laurie)
PDF 4 Filed: 8/29/2005, Entered: 8/29/2005 Answer to Complaint
ANSWER to Complaint with Jury Demand by Charles Morgan.(Volinsky, Andru)
PDF 5 Filed: 9/30/2005, Entered: 9/30/2005 State Court Record
STATE COURT Record. (Volinsky, Andru)
PDF 6 Filed: 10/25/2005, Entered: 10/25/2005 Notice of Scheduling Conference Court Filing
NOTICE of Scheduling Conference Scheduling Conference set for 1/24/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly.(Lyness, Paul)
PDF 7 Filed: 1/17/2006, Entered: 1/17/2006 JOINT STATEMENT re scheduling conference
JOINT STATEMENT re scheduling conference. (Anderson, Amber) Additional attachment(s) added on 1/19/2006 (Edge, Eugenia).
PDF 8 Filed: 1/17/2006, Entered: 1/17/2006 Certificate of Consultation
**Atty. Anderson filed this document for Atty. Fitch. See filing (entry#12) of certificate of consultation of Atty. Fitch.** CERTIFICATE OF CONSULTATION pursuant to Local Rule 16.4 by Amber R Anderson on behalf of Kenneth Levine. (Anderson, Amber) Modified on 1/19/2006 to add text (Edge, Eugenia).
PDF 9 Filed: 1/17/2006, Entered: 1/17/2006 Certificate of Consultation
CERTIFICATE OF CONSULTATION pursuant to Local Rule 16.4 by Arnold Rosenblatt on behalf of Jefftey L. Stutzman. (Rosenblatt, Arnold) Additional attachment(s) added on 1/18/2006 (Edge, Eugenia).
PDF 10 Filed: 1/17/2006, Entered: 1/17/2006 Certificate of Consultation
CERTIFICATE OF CONSULTATION pursuant to Rule 16.1(D)(3) by Andru H. Volinsky on behalf of Charles Morgan. (Volinsky, Andru)
PDF 11 Filed: 1/18/2006, Entered: 1/18/2006 Notice of Appearance
NOTICE of Appearance by Amber R Anderson on behalf of Kenneth Levine (Anderson, Amber)
PDF 12 Filed: 1/18/2006, Entered: 1/18/2006 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by Jonathan W. Fitch and by Kenneth Levine.(Fitch, Jonathan)
 -- Filed: 1/24/2006, Entered: 1/25/2006 Scheduling Conference
Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Scheduling Conference held on 1/24/2006. Parties agree to Mediation. Case to be referred to ADR for mediation. Status Conference set for 3/29/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Edge, Eugenia)
PDF 13 Filed: 1/24/2006, Entered: 1/25/2006 Order Referring Case to ADR
REFERRING CASE to Alternative Dispute Resolution.(Edge, Eugenia)
 -- Filed: 1/26/2006, Entered: 1/26/2006 Notice of assignment to ADR Provider
Electronic Notice Regarding assignment to ADR Provider. Counsel are instructed to confer with each other and choose three mutually agreeable names from the Court's list of ADR Panel members (The list may be accessed at www.mad.uscourts.gov, click on "guides and publications", then click on "ADR Panel Members".) In addition, choose three dates in March on which all cousel and principals are available to attend the mediation. The three names and dates must be provided to the ADR Program (by calling 617-748-4140) NO LATER THAN February 6, 2006.(Tyler, Rebecca)
PDF 14 Filed: 2/15/2006, Entered: 2/15/2006, Terminated: 2/21/2006 Motion to Withdraw as Attorney
MOTION to Withdraw as Attorney by ZNQ3, Inc.. (Attachments: # (1) Affidavit of Laurie Frankl in Support of Motion to Withdraw# (2) Affidavit of Charles Morgan)(Frankl, Laurie)
 -- Filed: 2/21/2006, Entered: 2/21/2006 Order on Motion to Withdraw as Attorney
Judge George A. O'Toole Jr.: Electronic ORDER entered denying without prejudice to renewal [14] Motion to Withdraw as Attorney. A motion to withdraw will be granted if it appears from the record that successor counsel has appeared on behalf of ZNQ3, Inc. (Lyness, Paul)
 -- Filed: 2/28/2006, Entered: 2/28/2006 Notice of assignment to ADR Provider
Electronic Notice of assignment to ADR Provider. ADR Panel Member Marilyn Zuckerman, Esq. appointed.(Tyler, Rebecca)
 -- Filed: 2/28/2006, Entered: 2/28/2006 Notice of ADR Conference
NOTICE of ADR Conference. Mediation with principals present set for 3/27/2006 at 10:00 AM in Courtroom 7 before ADR Panel Member Marilyn Zuckerman, Esq. Counsel are instructed to send the mediator confidential mediation briefs no later than March 20, 2006. In addition, please provide copies of the docket sheet, and all relevant pleadings by the same date. The address is: P.O. Box 610209 Newton Highlands, MA 02461-0209.(Tyler, Rebecca)
PDF 15 Filed: 3/9/2006, Entered: 3/9/2006, Terminated: 4/3/2006 Motion for Reconsideration
MOTION for Reconsideration re [14] MOTION to Withdraw as Attorney by ZNQ3, Inc.. (Attachments: # (1) Affidavit of Harvey Schwartz# (2) Exhibit two# (3) Exhibit three)(Frankl, Laurie)
 -- Filed: 3/14/2006, Entered: 3/14/2006 Notice of Hearing on Motion
NOTICE of Hearing on Motion [15] MOTION for Reconsideration re [14] MOTION to Withdraw as Attorney: Motion Hearing set for 4/3/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Current counsel for ZNQ3, Inc. and a corporate representative of ZNQ3, Inc. with decision-making authority shall appear at the hearing. Counsel for other parties are welcome to attend. The Clerk of the Court shall forthwith issue an Order commanding the appearance of a corporate representative of ZNQ3, Inc. with decision-making authority at this Hearing. That Order shall be sent via certified mail to the following addresses appearing on the record for ZNQ3, Inc. (1) ZNQ3, Inc. Suite 100, 400 Bedford Street, Manchester, NH 03101 and (2) ZNQ3, Inc. c/o registered agent Peter F. Burger, Orr & Reno, PA One Eagle Square, Concord, NH 03302(Lyness, Paul)
PDF 16 Filed: 3/14/2006, Entered: 3/14/2006 Subpoena Issued
Subpoena Issued as to for Corporate Representative of ZNQ3, Inc.. to appear on 4/3/06 @2pm (Edge, Eugenia)
PDF 17 Filed: 3/14/2006, Entered: 3/14/2006 Subpoena Issued
Subpoena Issued as to for ZNQ3, Inc. c/o Orr & Reno PA. to appear on 4/3/06 @ 2pm (Edge, Eugenia)
 -- Filed: 3/17/2006, Entered: 3/17/2006 Notice of ADR Conference
ELECTRONIC NOTICE of RESCHEDULING OF ADR Conference. Take notice that the mediation set for March 27, 2006 has been CONTINUED. The mediation is now set for 5/4/2006 at 10:00 AM in Courtroom 7 before Marilyn Zuckerman, Esq. Counsel are instructed to send the mediator confidential mediation briefs, the docket sheet, and all relevant pleadings NO LATER THAN April 26, 2006.(Tyler, Rebecca)
PDF 18 Filed: 3/23/2006, Entered: 3/23/2006 Notice of Appearance
NOTICE of Appearance by Robert M. Mendillo on behalf of Kenneth Levine (Mendillo, Robert)
PDF 19 Filed: 3/23/2006, Entered: 3/23/2006, Terminated: 3/27/2006 Motion to Continue
Assented to MOTION to Continue Status Conference to May 11,2006 by Kenneth Levine.(Mendillo, Robert)
 -- Filed: 3/27/2006, Entered: 3/27/2006 Order on Motion to Continue
Judge George A. O'Toole Jr.: Electronic ORDER entered granting [19] Motion to Continue Status Conference set for 5/11/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
PDF 20 Filed: 3/27/2006, Entered: 3/28/2006 Subpoena Returned executed
Subpoena Returned Executed as to ZNQ3, Inc. c/o registered agent Peter F. Burger (signed for by Richard Morin) with service on for 3/17/06. (Edge, Eugenia) Additional attachment(s) added on 3/28/2006 (Edge, Eugenia). ***Subpoena issued to Corporate Representative, Manchester NH returned unexecuted.***
 -- Filed: 4/3/2006, Entered: 4/3/2006 Motion Hearing
ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Motion Hearing held on 4/3/2006 re [15] MOTION for Reconsideration re [14] MOTION to Withdraw as Attorney filed by ZNQ3, Inc.,, This motion is GRANTED. Mediation is scheduled for the first week of May. Plaintiff to inform the court the outcome of the mediation. Motions terminated: [15] MOTION for Reconsideration re [14] MOTION to Withdraw as Attorney filed by ZNQ3, Inc.,. (Court Reporter Pam Owens.) (Lyness, Paul)
PDF 21 Filed: 4/3/2006, Entered: 4/6/2006 Motion for Leave to File
MOTION/Request for leave to file, and Submission of Pro Se Corporate Appearance by Tim Platt. c/s(Edge, Eugenia)
PDF 22 Filed: 4/12/2006, Entered: 4/12/2006, Terminated: 4/26/2006 Motion to Continue
MOTION to Continue Mediation of May 4, 2006 to June 2006 by Charles Morgan. (Attachments: # (1) Exhibit 1)(Volinsky, Andru)
 -- Filed: 4/26/2006, Entered: 4/26/2006 Order on Motion to Continue
Judge George A. O'Toole Jr.: Electronic ORDER entered granting [22] Motion to Continue (Lyness, Paul)
 -- Filed: 4/27/2006, Entered: 4/27/2006 Order on Motion for Leave to File
Judge George A. O'Toole Jr.: Electronic ORDER entered denying [21] Motion for Leave to File (Lyness, Paul)
 -- Filed: 5/3/2006, Entered: 5/3/2006 Notice Resetting/Cancelling Deadline
ELECTRONIC NOTICE Resetting or Cancelling Hearing. Hearing rescheduled or cancelled: The status conference has been cancelled to: If necessary, court will set up a conference after mediation is complete (Lyness, Paul)
 -- Filed: 6/13/2006, Entered: 6/13/2006 Notice of ADR Conference
ELECTRONIC NOTICE of ADR Conference. Mediation with principals present set for 7/10/2006 at 10:00 AM in Courtroom 7 before ADR Panel Member Marilyn Zuckerman, Esq. Counsel are instructed to send confidential mediation memoranda for Ms. Zuckerman's receipt NO LATER THAN June 30, 2006, to the following address: P.O. Box 610209 Newton Highlands, MA 02461-0209.(Tyler, Rebecca)
PDF 23 Filed: 7/25/2006, Entered: 7/25/2006 Report of Alternative Dispute Resolution Provider
REPORT of Alternative Dispute Resolution Provider. Progress was made. Counsel are to report status of settlement to the Court within 90 days of the mediation. See attached report for details.(Tyler, Rebecca)
 -- Filed: 11/30/2006, Entered: 11/30/2006 Notice of Hearing
ELECTRONIC NOTICE of Hearing : Status Conference set for 12/14/2006 02:00 PM before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
 -- Filed: 12/12/2006, Entered: 12/12/2006 Settlement Order of Dismissal
Judge George A. O'Toole Jr.: Electronic ORDER entered. SETTLEMENT ORDER OF DISMISSAL- It is ORDERED that this action is hereby dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reopen the action within 30 days if settlement is not consummated. (Lyness, Paul)
 -- Filed: 12/12/2006, Entered: 12/12/2006 Terminated Case
Civil Case Terminated. (Lyness, Paul)
PDF 24 Filed: 2/8/2007, Entered: 2/8/2007 Stipulation of Dismissal
STIPULATION of Dismissal by Kenneth Levine, ZNQ3, Inc., Jefftey L. Stutzman, Tim Platt, Charles Morgan. (Edge, Eugenia)

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