EPPLEY, MD, DMD v. IACOVELLI

Federal Civil Lawsuit Indiana Southern District Court, Case No. 1:09-cv-00386
District Judge Sarah Evans Barker, presiding
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District Judge Sarah Evans Barker
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Summary

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Parties
No Logo DR. BARRY EPPLEY, MD, DMD, Plaintiff

Represented by LEWIS & KAPPES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gary P. Price +1 317 639 1210 +1 317 639 4882 lawpric@aol.com
ATTORNEY TO BE NOTICED Todd Arthur Richardson +1 317 639 1210 +1 317 639 4882 trichardson@lewis-kappes.com
ATTORNEY TO BE NOTICED Joseph Peter Rompala +1 317 285 8035 jrompala@lewis-kappes.com
v.
No Logo LUCILLE IACOVELLI, Defendant

Pro Se

Name Phone Fax E-Mail
Space LUCILLE IACOVELLI
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Timeline
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Legal Document (Payment Possibly Required) 210 Filed: 8/30/2010, Entered: None
MANDATE of USCA as to 168 Notice of Appeal filed by RICH BERGERON - IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction. Appellant Rich Bergeron, a non-party in this case, was found in contempt. However, the district court did not determine what sanction(s) to impose at the time appellant filed his appeal. This appeal, therefore, is premature. (No paper record to be returned.) (TMA) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 209 Filed: 8/24/2010, Entered: None
RETURN of USM Service - All Writs Act Documents returned unexecuted for DownTownHost.com. (MAC) (Entered: 08/27/2010)
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Legal Document (Payment Possibly Required) 208 Filed: 8/24/2010, Entered: None
RETURN of USM Service - Lucille Iacovelli served 4/8/2010 - All Writs Act for Mr. Ken McGraw, Photobucket.com. (MAC) (Entered: 08/27/2010)
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Legal Document (Payment Possibly Required) 207 Filed: 8/20/2010, Entered: None Court Filing
ORDER (Amended) Imposing Sanctions on Richard Bergeron for his Contempt of Court (See Order). Signed by Judge Sarah Evans Barker on 8/20/2010.(MAC) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 206 Filed: 8/18/2010, Entered: None Court Filing
REPORT , Supplemented and Verified, Regarding the Status of Websites and Postings Attributable to Richard Bergeron by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A-Email from Rich Bergeron, # 2 Exhibit B-Email from Rich Bergeron, # 3 Exhibit C-Search Results, # 4 Exhibit D-Search Results, # 5 Exhibit E-Judgegod.com Internet Homepage, # 6 Exhibit F-1-Scarletlawyer.com Internet Homepage, # 7 Exhibit F-2-Content of Scarletlawyer.com Internet Homepage)(Richardson, Todd) (Entered: 08/18/2010)
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Blank 205 Filed: 8/17/2010, Entered: None Court Filing
Entry Discussing Plaintiff's Motion for Summary Judgment: GRANTED 177 Motion for Summary Judgment. Dr. Eppley, as the prevailing party, may seek attorney fees for work associated with the Lanham Act. He shall have through September 21, 2010, in which to file a petition for such fees and submit further evidence as to damages. Final judgment shall not issue at this time. Dr. Eppley shall tender the form of a proposed permanent injunction which is sought **SEE ENTRY**. Signed by Judge Sarah Evans Barker on 8/17/2010. (DWH) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 204 Filed: 8/17/2010, Entered: None Court Filing
ORDER Imposing Sanctions on Richard Bergeron for his Contempt of Court: In view of his violations of the Preliminary Injunction and contempt of this Court's orders, Mr. Bergeron shall pay a fine of $30.00 each day, commencing August 24, 2010, until he has purged himself of his contempt. Mr. Bergeron shall pay this assessment to the Clerk of Court, Room 105, 46 E.Ohio Street, Indianapolis, Indiana 46204, no less frequently than every two weeks, commencing September 7, 2010. The fine may be paid in cash or by money order **SEE ORDER**. Signed by Judge Sarah Evans Barker on 8/17/2010.(DWH) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 203 Filed: 8/17/2010, Entered: None Court Filing
ENTRY Denying Richard Bergerons Request for Recusal: Insofar as Mr. Bergeron's filing of August 5, 2010, is understood as his request for the recusal of the undersigned, the request is denied **SEE ENTRY**. Signed by Judge Sarah Evans Barker on 8/17/2010.(DWH) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 202 Filed: 8/17/2010, Entered: None Court Filing
Entry Denying Motion to Vacate Preliminary Injunction: Whether as a motion to vacate or as a motion to reconsider, therefore, Ms. Iacovellis motion to vacate 139 must be and is therefore denied **SEE ENTRY**. Signed by Judge Sarah Evans Barker on 8/17/2010. (DWH) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 201 Filed: 8/9/2010, Entered: None Court Filing
REPORT Regarding The Status of Websites and Postings Attributable to Richard Bergeron by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Website Article, # 2 Exhibit B - Website Article, # 3 Exhibit C - Website Article, # 4 Exhibit D - MySpace Page for SucksSite.com, # 5 Exhibit E - MySpace Page for JudgeGod, # 6 Exhibit F - MySpace Page for SucksSiteDotCom, # 7 Exhibit G - MySpace Page for Legaldunce)(Richardson, Todd) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 200 Filed: 8/6/2010, Entered: None Court Filing
Submission (Appellant's Emergency Brief) regarding Death of defendant Lucille Iacovelli and continued abuse of process perpetrated by Judge Barker (Captioned to the Seventh Circuit Court of Appeals), filed by Movant RICH BERGERON. c/s (MAC) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 199 Filed: 8/5/2010, Entered: None
RESPONSE (Memorandum) re 198 Entry Directing further proceedings with respect to Richard Bergeron's Contempt of Court, filed by Movant RICH BERGERON. c/s (MAC) (Entered: 08/06/2010)
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Legal Document (Payment Possibly Required) 198 Filed: 7/22/2010, Entered: None Court Filing
ENTRY Directing further proceedings with respect to Richard Bergeron's Contempt of Court. The parties and Mr. Bergeron shall have through August 9, 2010, in which to investigate and report on the status of websites and postings that are attributable to Bergeron and currently remain extant. Failure to advise the Court will in all likelihood require the Court to schedule an emergency evidentiary hearing to address and resolve the pending issues regarding contempt sanction (S.E.) cm. Signed by Judge Sarah Evans Barker on 7/22/2010.(MAC) (Entered: 07/22/2010)
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Legal Document (Payment Possibly Required) 197 Filed: 6/16/2010, Entered: None Court Filing
Reassignment of Case to Magistrate Judge Debra McVicker Lynch. Judge Jane Magnus-Stinson no longer assigned to the case. Please include the new case number (1:09-cv-00386-SEB-DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (LSC) (Entered: 06/16/2010)
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Legal Document (Payment Possibly Required) 196 Filed: 5/27/2010, Entered: None Court Filing
ENTRY and Notice regarding Contempt of Non-Party Richard Bergeron (S.E.) cm. Signed by Judge Sarah Evans Barker on 5/27/2010.(MAC) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 195 Filed: 5/27/2010, Entered: None Court Filing
ENTRY and Notice regarding plaintiff's Motion for Summary Judgment (S.E.) cm. Signed by Judge Sarah Evans Barker on 5/27/2010.(MAC) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 194 Filed: 5/20/2010, Entered: None
RETURN of USM Service by J. Howard on 4/14/2010. (LBK) (Entered: 05/21/2010)
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Legal Document (Payment Possibly Required) 193 Filed: 5/13/2010, Entered: None
REPLY in Support of Motion re 177 MOTION for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 05/13/2010)
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Legal Document (Payment Possibly Required) 192 Filed: 4/29/2010, Entered: None
RESPONSE in Opposition re 177 MOTION for Summary Judgment, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 191 Filed: 4/22/2010, Entered: None
Submission of Brief on Jurisdiction of Appeals Court to hear this Writ Request, filed by Movant RICH BERGERON. c/s (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MAC) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 190 Filed: 4/14/2010, Entered: None
REPORT (THIRD VERIFIED) REGARDING ENFORCEMENT OF COURT'S ORDERS by BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 04/14/2010)
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Legal Document (Payment Possibly Required) 189 Filed: 4/12/2010, Entered: None Court Filing
ENTRY again Directing further Proceedings; The question of the Courts jurisdiction to proceed at this point relative to the imposition of sanctions against Bergeron is therefore an important one. The defendant and Bergeron shall have a final period of time, through April 22, 2010, in which to state their position on the Courts jurisdiction to impose sanctions on Bergeron vis-a-vis the notice of appeal filed by him on March 4, 2010 (S.E.) cm. Signed by Judge Sarah Evans Barker on 4/12/2010.(MAC) (Entered: 04/13/2010)
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Legal Document (Payment Possibly Required) 188 Filed: 4/6/2010, Entered: None
Appeal Remark re 168 Notice of Appeal : Long record received and docketed by the USCA. (TMA) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 187 Filed: 4/2/2010, Entered: None Court Filing
ORDER denying Rich Bergeron's 164 Motion to Supplement the Record (S.O.) cm. Signed by Judge Sarah Evans Barker on 4/2/2010. (MAC) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 186 Filed: 4/1/2010, Entered: None
Certified and Transmitted Record on Appeal, via US Mail, to US Court of Appeals re 168 Notice of Appeal. (TMA) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 185 Filed: 3/31/2010, Entered: None Court Filing
ENTRY Granting Defendant Lucille Iacovelli to 4/30/2010 to respond the the plaintiff's Motion for Summary Judgment. If she does so respond, the plaintiff shall have fifteen days in which to reply cm. Signed by Judge Sarah Evans Barker on 3/31/10.(MAC) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 184 Filed: 3/31/2010, Entered: None Court Filing
ENTRY Identifying Additional Websites Posted in Violation of the Court's Orders (S.O.) cm. Signed by Judge Sarah Evans Barker on 3/31/10.(MAC) (Entered: 04/01/2010)
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Legal Document 183 Filed: 3/31/2010, Entered: None Court Filing
ORDER Pursuant to the All Writs Act to Remove Certain Internet Content to Complaintsboard.com cm. Signed by Judge Sarah Evans Barker on 3/31/10.(MAC) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 182 Filed: 3/31/2010, Entered: None Court Filing
ORDER Pursuant to All Writs Act to Remove Certain Internet Content to DownTownHost.com (S.O.) cm. Signed by Judge Sarah Evans Barker on 3/31/10.(MAC) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 181 Filed: 3/31/2010, Entered: None Court Filing
ENTRY Directing Issuance of Orders to Enforce Preliminary Injunction (S.O.) cm. Signed by Judge Sarah Evans Barker on 3/31/2010.(MAC) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 180 Filed: 3/31/2010, Entered: None Court Filing
ORDER Pursuant to the All Writs Act to Remove Certain Internet Content to Photobucket.com. The United States Marshal for this District or his deputy shall serve at the earliest possible time this Order on the above business, entity, or person, together with a copy of the Entry issued on February 5, 2010, and make due return thereon. (S.O.) cm. Signed by Judge Sarah Evans Barker on 3/31/2010.(MAC) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 179 Filed: 3/26/2010, Entered: None
Designation of Evidence re 178 Brief/Memorandum in Support of Motion, 177 MOTION for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 178 Filed: 3/26/2010, Entered: None
BRIEF/MEMORANDUM in Support re 177 MOTION for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 177 Filed: 3/26/2010, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 176 Filed: 3/26/2010, Entered: None
NOTICE To Pro Se Litigant, Lucille Iacovelli, Regarding the Filing of Motion for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD (Richardson, Todd) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 175 Filed: 3/24/2010, Entered: None
REPORT REGARDING ENFORCEMENT OF COURT'S ORDERS by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - myspace, # 2 Exhibit B - vodpod, # 3 Exhibit C - youtube, # 4 Exhibit D - youtube, # 5 Exhibit E - truth-about-epley, # 6 Exhibit F - complaintsboard, # 7 Text of Proposed Order All Writs Order - Photobucket, # 8 Text of Proposed Order All Writs Order - DownTownHost, # 9 Text of Proposed Order All Writs Order - Complaintsboard)(Richardson, Todd) (Entered: 03/24/2010)
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Legal Document (Payment Possibly Required) 174 Filed: 3/24/2010, Entered: None Court Filing
ENTRY Abating Sanctions as to Defendant Iacovelli, retroactive to 3/1/2010, until the Court receives and assesses the further report to be filed by the plaintiff pursuant to the Entry of 3/10/2010 cm. Signed by Judge Sarah Evans Barker on 3/24/2010.(MAC) (Entered: 03/24/2010)
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Legal Document (Payment Possibly Required) 173 Filed: 3/23/2010, Entered: None
Statement Regarding Court's Continuing Authority to Impose Sanctions Against Mr. Richard Bergeron by BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 03/23/2010)
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Legal Document (Payment Possibly Required) 172 Filed: 3/17/2010, Entered: None
RETURN OF SERVICE BY USMS - Entry on Rule to Show Cause served to Rich Bergeron on 2/16/2010. (MAC) (Entered: 03/17/2010)
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Legal Document (Payment Possibly Required) 171 Filed: 3/15/2010, Entered: None
USCA Case Number 10-1614 for 168 Notice of Appeal filed by RICH BERGERON. (Attachments: # 1 Circuit Rule 3(b) Notice)(TMA) (Entered: 03/16/2010)
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Legal Document (Payment Possibly Required) 170 Filed: 3/15/2010, Entered: None
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 168 Notice of Appeal. - for Court of Appeals Use Only. (TMA) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 169 Filed: 3/15/2010, Entered: None
SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 168 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 168 Filed: 3/11/2010, Entered: None
NOTICE OF APPEAL as to 159 Order, filed by Movant RICH BERGERON. (TMA) Modified on 3/15/2010 (TMA). (Notice of Appeal directed by 166 Entry Directing Treatment of Documents and Directing Further Proceedings.) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 167 Filed: 3/12/2010, Entered: None Court Filing
ENTRY and Notice addressing materials sent to the Court and its staff by e-mail. The parties are reminded that all materials intended for filing must be presented in accord with Rule 5 and with Local Rule 5.1 in order for those materials to be filed. Efforts to circumvent the filing rules reviewed and repeated in Part I of this Entry have been persistent, egregious, and disruptive to the proper administration of this litigation. The parties, their counsel, and others, including Mr. Bergeron, and those acting on their behalf, shall not attempt to contact members of the Courts staff or that of the Clerk by email or by fax, and shall confine their actions in filing or tendering materials for filing to the directions heretofore issued and those reviewed and repeated in Part I of this Entry. Any violation of the foregoing will constitute contempt of court and will be dealt with accordingly. (S.E.). Signed by Judge Sarah Evans Barker on 3/12/2010.(MAC) (Entered: 03/12/2010)
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Legal Document (Payment Possibly Required) 166 Filed: 3/12/2010, Entered: None Court Filing
ENTRY Directing Treatment of Documents and Directing Further Proceedings. The Clerk is directed to forward the materials received from Rich Bergeron on 3/4/2010 to the Clerk of the Court of Appeals. The application for a writ of mandamus and supporting affidavit shall be treated as a notice of appeal from the Entry of 2/25/2010.ORDER denying 163 Motion for Leave to Proceed in forma pauperis. The Court will continue to hold under advisement the question of what sanctions to impose on Mr. Bergeron for his contempt. The parties and Mr. Bergeron shall have through March 23, 2010, in which to file statements pertaining to this question. (S.E.). Signed by Judge Sarah Evans Barker on 3/12/2010. (MAC) (Entered: 03/12/2010)
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Legal Document (Payment Possibly Required) 165 Filed: 3/10/2010, Entered: None Court Filing
ENTRY Regarding Seeking and Securing Compliance with Orders to Remove Certain Internet Content (S.E.) cm. Signed by Judge Sarah Evans Barker on 3/10/2010.(MAC) (Entered: 03/11/2010)
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Legal Document (Payment Possibly Required) 164 Filed: 3/8/2010, Entered: None
MOTION to Supplement the Record with Electronic Evidence File, filed by Movant RICH BERGERON. c/s (MAC) (Entered: 03/10/2010)
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Legal Document (Payment Possibly Required) 163 Filed: 3/4/2010, Entered: None
MOTION for Leave to Proceed in forma pauperis, filed by Movant RICH BERGERON. (MAC) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 162 Filed: 3/4/2010, Entered: None
AFFIDAVIT in support re 161 Application for Writ by RICH BERGERON. c/s (Attachments: # 1 Exhibit)(MAC) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 161 Filed: 3/4/2010, Entered: None
APPLICATION for Writ of Mandamus by RICH BERGERON.(For the Seventh Circuit Court of Appeals) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(MAC) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 160 Filed: 3/2/2010, Entered: None
REPORT (VERIFIED) PURSUANT TO FEBRUARY 23, 2010 DIRECTIONS REGARDING ENFORCEMENT OF COURT ORDERS by BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 159 Filed: 2/25/2010, Entered: None Court Filing
ORDER Finding Richard Bergeron in Contempt of Court and Taking Sanctions Under Advisement (See Order) cm. Signed by Judge Sarah Evans Barker on 2/25/2010.(MAC) (Entered: 02/25/2010)
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Legal Document (Payment Possibly Required) 158 Filed: 2/23/2010, Entered: None Court Filing
ENTRY of Directions to plaintiff regarding Seeking and Securing Compliance with Orders to Remove Certain Inernet Content (S.E.) cm. Signed by Judge Sarah Evans Barker on 2/23/2010.(MAC) (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 157 Filed: 2/23/2010, Entered: None Court Filing
ORDER denying plaintiff's 149 Motion to add two additional websites for the present. Dispositive Motions due by 3/26/2010. (S.O.) cm. Signed by Judge Sarah Evans Barker on 2/23/2010. (MAC) (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 156 Filed: 2/17/2010, Entered: None Court Filing
ORDER Withdrawing Directive to U.S. Marshal to Effect Personal Service. Signed by Judge Sarah Evans Barker on 2/17/2010.(PGS) (Entered: 02/17/2010)
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Legal Document (Payment Possibly Required) 155 Filed: 2/16/2010, Entered: None
NOTICE of receipt of CD-R containing pdf-formatted version of each document on the clerk's docket, together with copies of various e-mails not shown on the docket, but maintained by the clerk under seal - received by Terry Kinnaman. (MAC) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 154 Filed: 2/16/2010, Entered: None Court Filing
Minute Entry for proceedings held before Judge Sarah Evans Barker: Show Cause Hearing held on 2/16/2010. On this date, Plaintiff appeared in person and by counsel for a show cause hearing to consider why Richard Bergeron should not be held in contempt and sanctioned for his admitted disregard of the Courts prior orders. Defendant was not present, either in person or by counsel, and Richard Bergeron was not present, either in person or by counsel. The proceedings were recorded by Court Reporter, Laura Howie-Walters. The hearing was held and concluded. A written ruling will issue. (Court Reporter Laura Howie-Walters.) (MAC) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 153 Filed: 2/16/2010, Entered: None
BRIEF in advance of Sanctions Hearing. c/s - NON-PARTY Rich Bergeron(MAC) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 152 Filed: 2/16/2010, Entered: None Court Filing
CLERK'S NOTICE regarding electronic communications. Signed by Clerk for Judge Sarah Evans Barker on 2/16/2010.(PGS) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 151 Filed: 2/12/2010, Entered: None Court Filing
ENTRY and Notice - the clerk shall make the record in this case available to Mr. Bergeron for inspection and copying at noon on February 16, 2010 and shall make a copy of any filing or ruling he requests without charge. (S.E.) cm. Signed by Judge Sarah Evans Barker on 2/12/2010.(MAC) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 150 Filed: 2/11/2010, Entered: None Court Filing
ENTRY re 141 Declaration of Rich Bergeron. Any portion of his Declaration which can be understood as a request for the recusal of the undersigned is denied. The hearing of February 16, 2010, involving Mr. Bergeron remains set. Signed by Judge Sarah Evans Barker on 2/11/2010.(MAC) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 149 Filed: 2/11/2010, Entered: None
MOTION TO ADD TWO ADDITIONAL WEBSITES SUBJECT TO COURT'S AUTHORITY UNDER THE ALL WRITS ACT, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Website Content, # 2 Exhibit B - Domain Name Inquiry, # 3 Exhibit C - Website Content, # 4 Exhibit D - Domain Name Inquiry, # 5 Text of Proposed Order Order Pursuant to the All Writs Act)(Richardson, Todd) (Entered: 02/11/2010)
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Legal Document (Payment Possibly Required) 148 Filed: 2/10/2010, Entered: None Court Filing
ORDER denying 147 Motion to Appear Telephonically by Rich Bergeron (See Order) cm. Signed by Judge Sarah Evans Barker on 2/10/2010. (MAC) (Entered: 02/11/2010)
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Legal Document (Payment Possibly Required) 147 Filed: 2/10/2010, Entered: None
MOTION to Appear Telephonically at the 2/16/10 Hearing c/s - NON-PARTY Rich Bergeron. (MAC) (Entered: 02/10/2010)
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Legal Document (Payment Possibly Required) 146 Filed: 2/5/2010, Entered: None Court Filing
ENTRY Finding Continuing Contempt and Authorizing Additional Sanctions (S.O.) cm. Signed by Judge Sarah Evans Barker on 2/5/2010. (Attachments: # 1 Form Order)(MAC) (Entered: 02/05/2010)
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Legal Document (Payment Possibly Required) 145 Filed: 2/4/2010, Entered: None
MANDATE of USCA as to 122 Notice of Appeal filed by LUCILLE IACOVELLI - This appeal, docketed on December 30, 2009, is DISMISSED for failure to timely pay the required docketing fee, pursuant to Circuit Rule 3(b). (No record to be returned.) (TMA) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 144 Filed: 2/3/2010, Entered: None Court Filing
SCHEDULING ORDER: Show Cause Hearing set for 2/16/2010 02:00 PM in room #216 before Judge Sarah Evans Barker to receive and consider Richard Bergerons response to the order to show cause why he should not be held in contempt of this Courts orders and sanctioned accordingly. The Marshal for this District or his Deputy shall ensure that a copy of this Order is served forthwith on Mr. Bergeron, the expense of said service to be borne by the United States of America (See Order) cm. Signed by Judge Sarah Evans Barker on 2/3/2010.(MAC) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 143 Filed: 1/29/2010, Entered: None Court Filing
CLERK'S NOTICE regarding electronic communications. Signed by Clerk for Judge Sarah Evans Barker on 1/29/2010.(PGS) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 142 Filed: 1/21/2010, Entered: None
DECLARATION of Todd A. Richardson (Supplemental) Regarding Richard Bergeron by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - 1-21-10 Email, # 2 Exhibit B - 1-20-10 Email, # 3 Exhibit C - Pro Se Newsletter)(Richardson, Todd) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 141 Filed: 1/19/2010, Entered: None
DECLARATION of Rich Bergeron re 132 Order to Show Cause. c/s (Attachments: # 1 Claims Summary Reports)(MAC) (Entered: 01/20/2010)
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Legal Document (Payment Possibly Required) 140 Filed: 1/19/2010, Entered: None
AFFIDAVIT in Support of Motion re 139 MOTION to Vacate 46 Order on Motion for Preliminary Injunction, filed by Defendant LUCILLE IACOVELLI. c/s (Attachments: # 1 Exhibit 2)(MAC) (Entered: 01/20/2010)
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Legal Document (Payment Possibly Required) 139 Filed: 1/19/2010, Entered: None
MOTION to Vacate 46 Order on Motion for Preliminary Injunction and Reconsider enforcement efforts; and Opposition to plaintiff's proposed All Writs Order, filed by Defendant LUCILLE IACOVELLI. c/s (Attachments: # 1 Exhibit 1)(MAC) (Entered: 01/20/2010)
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Legal Document (Payment Possibly Required) 138 Filed: 1/19/2010, Entered: None
Submission of Response To Declaration of Rich Bergeron, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 01/19/2010)
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Legal Document (Payment Possibly Required) 137 Filed: 1/19/2010, Entered: None
DECLARATION of Todd A. Richardson Regarding Richard Bergeron by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - 1-7-10 Email, # 2 Exhibit B - 1-9-10 Email, # 3 Exhibit C - 1-14-10 Website, # 4 Exhibit D - 1-14-10 GoDaddy Domain Registration, # 5 Exhibit E - 1-9-10 Email, # 6 Exhibit F - 1-9-10 Email, # 7 Exhibit G - 1-10-10 Email, # 8 Exhibit H - 1-14-10 Legaldunce Website, # 9 Exhibit I - 1-14-10 WHOIS Service Inquiry, # 10 Exhibit J - 1-12-10 Email, # 11 Exhibit K - 1-12-10 Email, # 12 Exhibit L - 1-12-10 Email, # 13 Exhibit M - 1-17-10 Email)(Richardson, Todd) (Entered: 01/19/2010)
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Legal Document (Payment Possibly Required) 136 Filed: 1/15/2010, Entered: None
Letter from Eric R. Moy transmitting e-mail communication from Richard Bergeron. (Attachments: # 1 Email) (MAC) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 135 Filed: 1/14/2010, Entered: None Court Filing
ENTRY Directing Treatment of Documents. The Clerk is directed to file and docket a letter from Eric R. Moy transmitting e-mail communication from Richard Bergeron (S.E.) cm. Signed by Judge Sarah Evans Barker on 1/14/2010.(MAC) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 134 Filed: 1/14/2010, Entered: None Court Filing
CLERK'S NOTICE regarding electronic communications. Signed by Clerk for Judge Sarah Evans Barker on 1/14/2010.(PGS) (Entered: 01/14/2010)
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Legal Document (Payment Possibly Required) 133 Filed: 1/7/2010, Entered: None
DESIGNATION of Record on Appeal by BARRY EPPLEY, MD, DMD re 122 Notice of Appeal (Attachments: # 1 Exhibit Exhibit 1 to Designation of the Record for Appeal)(Richardson, Todd) (Entered: 01/07/2010)
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Legal Document (Payment Possibly Required) 132 Filed: 12/31/2009, Entered: None Court Filing
RULE TO SHOW CAUSE to Rich Bergeron - The filings in this action reveal that you, Rich Bergeron, are among those acting in concert with the defendant, you shall have through January 19, 2010, in which to show cause in writing why you, too, should not be found in contempt of this court's orders and sanctioned accordingly. Signed by Judge Sarah Evans Barker on 12/31/2009. c/m (TMA) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 131 Filed: 12/31/2009, Entered: None Court Filing
ENTRY - The defendant has paid a portion of the appellate fees and a receipt for such partial payment has been issued. The appellate fees in a civil action were raised to $455.00 effective April 1, 2006. The defendant can expect to receive notice of the deficiency of $350.00 and directions to cure the deficiency. Signed by Judge Sarah Evans Barker on 12/31/2009. c/m (TMA) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 130 Filed: 12/31/2009, Entered: None
DECLARATION of Counsel re: Status of Defendant's Compliance with December 2, 2009 Entry re 128 Status Report by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit Exhibit A to Declaration of Counsel, # 2 Exhibit Exhibit B to Declaration of Counsel, # 3 Exhibit Exhibit C to Declaration of Counsel, # 4 Exhibit Exhibit D to Declaration of Counsel, # 5 Exhibit Exhibit E to Declaration of Counsel, # 6 Exhibit Exhibit F to Declaration of Counsel, # 7 Exhibit Exhibit G to Declaration of Counsel, # 8 Exhibit Exhibit H to Declaration of Counsel)(Richardson, Todd) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 129 Filed: 12/31/2009, Entered: None
DECLARATION of Dr. Barry Eppley, MD, DMD re 128 Status Report by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit Exhibit A to Declaration of Dr. Eppley, # 2 Exhibit Exhibit B to Declaration of Dr. Eppley)(Richardson, Todd) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 128 Filed: 12/31/2009, Entered: None
STATUS REPORT Response re: Status of Defendant's Compliance with December 2, 2009 Entry by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order Order Authorizing Relief)(Richardson, Todd) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 127 Filed: 12/30/2009, Entered: None
USCA Case Number 09-4141 for 122 Notice of Appeal filed by LUCILLE IACOVELLI. (Attachments: # 1 Circuit Rule 3(b) Notice)(TMA) (Entered: 12/31/2009)
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Legal Document (Payment Possibly Required) 126 Filed: 12/30/2009, Entered: None
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 122 Notice of Appeal. - for Court of Appeals Use Only. (TMA) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 125 Filed: 12/30/2009, Entered: None
SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 122 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 124 Filed: 12/28/2009, Entered: None
USCA Appeal Fees received $ 105.00 receipt number IP016084 re 122 Notice of Appeal filed by LUCILLE IACOVELLI (CBU) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 123 Filed: 12/28/2009, Entered: None
DOCKETING STATEMENT by LUCILLE IACOVELLI re 122 Notice of Appeal (CBU) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 122 Filed: 12/28/2009, Entered: None
NOTICE OF APPEAL as to 115 Order on MotionOrder on Motion for SanctionsOrder on Motion to Compel filed by Defendant LUCILLE IACOVELLI (CBU) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 121 Filed: 12/28/2009, Entered: None
NOTICE of Filing by LUCILLE IACOVELLI c/s (CBU) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 120 Filed: 12/22/2009, Entered: None Court Filing
ENTRY regarding defts filing of 12/15/09 and NOTICE that the pltf shall have through 12/31/09 to reply cm Signed by Judge Sarah Evans Barker on 12/22/2009.(CBU) (Entered: 12/23/2009)
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Legal Document (Payment Possibly Required) 119 Filed: 12/15/2009, Entered: None
BRIEF in support re 118 Third Affidavit, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) (Entered: 12/16/2009)
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Legal Document (Payment Possibly Required) 118 Filed: 12/15/2009, Entered: None
THIRD AFFIDAVIT by LUCILLE IACOVELLI. c/s (MAC) (Entered: 12/16/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 12/10/2009, Entered: None Court Filing
ORDER granting 116 Motion for Extension of Time to File Motion for Summary Judgment to 30 days from the date of the Court's next order as referenced in the Court's 12/2/09 Entry, or in the alternative, if no such order is issued, Dispositive Motions due by 3/2/2010. signed by Judge Sarah Evans Barker on 12/10/2009. (MAC) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 12/9/2009, Entered: None
Supplemental MOTION for Extension of Time to 30 days from date of future order of court or, in the alternative, March 2, 2010 for Submission of Motion for Summary Judgment, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order)(Richardson, Todd) (Entered: 12/09/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 12/2/2009, Entered: None Court Filing
ORDER - Finding Defendant and Others in Contempt, Directing the Imposition of Sanctions, Granting Motion to Compel, and Denying Motion for Discovery Sanctions granting 51 Motion; denying 81 Motion for Sanctions; granting 96 Motion to Compel; granting 18 Motion (S.O.) cm. Signed by Judge Sarah Evans Barker on 12/2/2009. (MAC) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 11/3/2009, Entered: None
Submission, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Affidavit of Joseph P. Rompala, # 2 Exhibit A to Affidavit of Joseph P. Rompala, # 3 Exhibit B to Affidavit of Joseph P. Rompala, # 4 Exhibit C to Affidavit of Joseph P. Rompala, # 5 Exhibit D to Affidavit of Joseph P. Rompala, # 6 Exhibit E to Affidavit of Joseph P. Rompala, # 7 Exhibit F-1 to Affidavit of Joseph P. Rompala, # 8 Exhibit F to Affidavit of Joseph P. Rompala, # 9 Exhibit G-1 to Affidavit of Joseph P. Rompala, # 10 Exhibit G to Affidavit of Joseph P. Rompala, # 11 Exhibit H To Affidavit of Joseph P. Rompala, # 12 Exhibit I to Affidavit of Joseph P. Rompala, # 13 Exhibit J to Affidavit of Joseph P. Rompala, # 14 Exhibit K to Affidavit of Joseph P. Rompala)(Richardson, Todd) (Entered: 11/03/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 10/22/2009, Entered: None Court Filing
ENTRY Directing further proceedings; the plaintiff shall have to 11/3/09, in which to supplement the evidentiary showing made on 7/1/09. (S.E.) cm. Signed by Judge Sarah Evans Barker on 10/23/2009.(MAC) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 6/19/2009, Entered: None Court Filing
***CORRECTED DOCUMENT FOR SIGNATURE REQUIREMENT***TRANSCRIPT of Proceedings held on 4-17-2009, before Judge Sarah Evans Barker. Court Reporter/Transcriber Kathleen Andrews, Telephone number (317)631-0940. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 7/10/2009. Release of Transcript Restriction set for 9/17/2009. (Associated Reporting, ) Released on 9/17/2009 (TLH). (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 8/10/2009, Entered: None
BRIEF Opposing Proposed Permanent Injunction Order, filed by Plaintiff BARRY EPPLEY, MD, DMD. c/s (MAC) (Entered: 08/11/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 8/7/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings held on 07/01/09, before Judge Sarah Evans Barker. Court Reporter/Transcriber Laura Howie-Walters, Telephone number (317) 632-3422. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Statement due 8/28/2009. Release of Transcript Restriction set for 11/5/2009. (Howie-Walters, Laura) Released on 11/9/2009 (TLH). (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 8/7/2009, Entered: None Court Filing
NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Sarah Evans Barker on 07/01/09. (Howie-Walters, Laura) (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 7/30/2009, Entered: None Court Filing
Verified Response of Presiding District Court Judge to Order of July 21, 2009. (See Response) Signed by Judge Sarah Evans Barker on 7/30/09. c/m (TMA) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 7/30/2009, Entered: None Court Filing
Notice of Filing of Response to Limited Remand - The undersigned's response to the limited remand in 09-2642 of July 21, 2009 is being placed on the docket in this action. It shall be sent to the Clerk of the Court of Appeals with a copy of this Entry and shall likewise be sent to the parties. Signed by Judge Sarah Evans Barker on 7/30/09. c/m (TMA) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 7/29/2009, Entered: None
NOTICE (Verified) of Receipt of Documents Mailed by Defendant, filed by Plaintiff BARRY EPPLEY, MD, DMD (Richardson, Todd) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 7/28/2009, Entered: None Court Filing
ORDER granting plaintiff's 103 Motion for Extension of Time to File Motions for Summary Judgment to a date up to and including 30 days from the date upon which this Court enters an Order on plaintiff's Motion to Show Cause cm. Signed by Judge Sarah Evans Barker on 7/28/2009. (MAC) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 7/23/2009, Entered: None
ORDER of USCA as to 58 Notice of Appeal filed by LUCILLE IACOVELLI - We remand this case for the limited purpose of allowing the judge to provide this court with a more detailed explanation about why her service on the Clarian Hospital Board would not cause a reasonable, well-informed observer to question her impartiality. See CIR. R. 50. The judge is requested to provide a statement within 21 days of receipt of this order. (TMA) (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 7/16/2009, Entered: None
MOTION for Extension of Time to 30 days from date of order on show cause in which to 53 EntrySet Deadlines, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order)(Richardson, Todd) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 7/16/2009, Entered: None
AFFIDAVIT re 99 Submission of Proposed Order Granting Final Injunctive Relief by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A-a -- Printout From Losingface.net Part 1 of 5, # 2 Cover Sheet for Sealed Document A-b -- Printout From Losingface.net part 2 of 5, # 3 Exhibit A-c -- Printout From Losingface.net Part 3 of 5, # 4 Exhibit A-d -- Prinout From Losingface.net Part 4 of 5, # 5 Exhibit A-e -- Printout From Losingface.net Part 5 of 5, # 6 Exhibit A-1 -- Printout From Losingface.net Documents, # 7 Cover Sheet for Sealed Document B-a -- Printout From Plasticdisaster.wordpress.com Part 1 of 2, # 8 Exhibit B-b -- Printout From Plasticdisaster.wordpress.com Part 2 of 2, # 9 Exhibit C -- Printout From Luciacovelli.wordpress.com, # 10 Cover Sheet for Sealed Document D-a -- Printout From Cosmeticsurgeryuglyside.blogspot.com Part 1 of 3, # 11 Exhibit D-b -- Printout From Cosmeticsurgeryuglyside.blogspot.com Part 2 of 3, # 12 Exhibit D-c -- Printout From Cosmeticsurgeryuglyside.blogsport.com Part 3 of 3, # 13 Exhibit E -- Printout From Awfulplasticsurgery.com, # 14 Exhibit F -- Printout From Lucilleiacovelli.blogspot.com, # 15 Exhibit G -- Printout From Lucilleiacovellieye.blogspot.com, # 16 Exhibit H-a -- Printout From Luciacovelli.livejournal.com Part 1 of 2, # 17 Exhibit H-b -- Printout From Luciacovelli.lifejournal.com Part 2 of 2, # 18 Exhibit Exhibit I -- Printout From Youtube.come, # 19 Exhibit J -- Printout From Photobucket.com, # 20 Exhibit K -- Printout From Picasaweb.google.com, # 21 Exhibit L -- Printout From Helium.com, # 22 Exhibit M -- Printout From Zimbio.com, # 23 Exhibit N -- Printout From Myspace.com, # 24 Exhibit O -- Printout From Thesqueakywheel.com, # 25 Cover Sheet for Sealed Document P -- Printout From Funny.godiggs.com, # 26 Cover Sheet for Sealed Document Q -- Printout From Video.aol.com, # 27 Cover Sheet for Sealed Document R -- Printout From Losingface.multiply.com)(Richardson, Todd) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 7/16/2009, Entered: None
AFFIDAVIT in Support of Plaintiff's Submission of Proposed Order Granting Final Injunctive Relief by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A -- Printout From Awfulplasticsurgery.com, # 2 Exhibit B -- Printout FromBarryeppleyplasticsurgeon.com, # 3 Cover Sheet for Sealed Document B-1 Barryepplyplasticsurgeon.com document printout, # 4 Exhibit C -- Printout From Cosmeticsurgeryuglyside.blogspot.com, # 5 Exhibit D -- Printout From Eppleylawsuit.blogspot.com, # 6 Exhibit E -- Printout From Lucilleiacovellieye.blogspot.com, # 7 Exhibit F -- Printout From Complaintsboard.com, # 8 Exhibit G -- Printout From Consumers2consumers.com, # 9 Exhibit H -- Printout From Eppleyplasticsurgerysucks.com, # 10 Exhibit I -- Printot From Picasaweb.google.com, # 11 Exhibit J -- Printout From Lewis-Kappessucks.com, # 12 Exhibit K -- Printout From Loosingface.net, # 13 Exhibit L -- Printout From Losingface.org, # 14 Exhibit M -- Printout From Luciacovelli.multiply.com, # 15 Exhibit N -- Printout From Losingface.multiply.com, # 16 Cover Sheet for Sealed Document O -- Printout From Blogs.myspace.com, # 17 Exhibit P -- Printout From Suckssite.ning.com, # 18 Cover Sheet for Sealed Document Q -- Printout From Unlimitedfightnews.com/wordpress, # 19 Exhibit R -- Printout From Veoh.com, # 20 Exhibit S -- Printout From Vimeo.com, # 21 Exhibit T -- Printout From youtube.com)(Richardson, Todd) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 7/16/2009, Entered: None
AFFIDAVIT re 99 Submission of Proposed Order Granting Final Injunctive Relief by BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Email From Rich Bergeron sent May 14, 2009, # 2 Exhibit B -- Email From Rich Bergeron Sent June 6, 2009, # 3 Exhibit C -- Email From Lucille Iacovelli Sent June 18, 2009, # 4 Exhibit D -- Email From Lucille Iacovelli Sent June 22, 2009, # 5 Exhibit E -- Email From Rich Bergeron Sent June 24, 2009, # 6 Exhibit F -- Email from Rich Bergeron Sent June 30, 2009)(Richardson, Todd) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 7/16/2009, Entered: None
Submission of Proposed Order Granting Final Injunctive Relief, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order)(Richardson, Todd) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 7/15/2009, Entered: None Court Filing
ORDER Denying re 72 MOTION for Sanctions filed by LUCILLE IACOVELLI for the reasons stated in open court during the hearing of 7/1/09. Defendant shall have through the close of business on Wednesday, July 22, 2009, to respond to plaintiff's Motion to Compel. (S.O.) cm. Signed by Judge Sarah Evans Barker on 7/15/2009.(MAC) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 7/6/2009, Entered: None
Statement and Certification Regarding Efforts to Resolve Discovery Dispute by BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 7/6/2009, Entered: None Motion to Compel
MOTION to Compel Discovery, filed by Plaintiff BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit A - Todd Richardson letter to Lucille Iacovelli dated April 21, 2009, # 3 Exhibit Exhibit B - Todd Richardson email to Lucille Iacovelli dated May 27, 2009)(Richardson, Todd) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 7/2/2009, Entered: None Court Filing
ENTRY - On this date, Plaintiffs counsel returned Plaintiffs Exhibit 6 (admitted into evidence at the July 1, 2009, hearing in this cause) to the custody of the Court/Clerk, via the Courtroom Deputy. Signed by Judge Sarah Evans Barker on 7/2/2009.(MAC) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 7/1/2009, Entered: None Court Filing
Minute Order. for proceedings held before Judge Sarah Evans Barker: Motion Hearing held on 7/1/2009 re 81 MOTION for Sanctions for Defendant's Refusal to Respond to Discovery Requests filed by BARRY EPPLEY, MD, DMD, 51 Supplemental MOTION for Order to Show Cause filed by BARRY EPPLEY, MD, DMD; denying 72 Motion for Sanctions. Opening Statement by plaintiff. Evidence presented. The Court took all other matters under advisement and the proceedings were adjourned. A written order shall follow. (Court Reporter Laura Howie-Walters.)(MAC) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 6/30/2009, Entered: None Court Filing
ORDER denying 92 Defendant's Motion to Appear Telephonically at July 1, 2009, hearing on all pending motions. Signed by Judge Sarah Evans Barker on 6/30/2009. (PGS) (Entered: 06/30/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 6/29/2009, Entered: None
MOTION requesting to Appear Telephonically at 7/1/09 Hearing, filed by Defendant LUCILLE IACOVELLI. c/s (Attachments: # 1 Exhibit Benefits)(MAC) (Entered: 06/29/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 6/26/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings held on 04/07/2009, before Judge Sarah Evans Barker. Court Reporter/Transcriber Laura Howie-Walters, Telephone number (317) 632-3422. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 7/17/2009. Release of Transcript Restriction set for 9/24/2009. (Howie-Walters, Laura) Released on 9/25/2009 (TLH). (Entered: 06/26/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 6/26/2009, Entered: None Court Filing
NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Sarah Evans Barker on 04/07/2009. (Howie-Walters, Laura) (Entered: 06/26/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 6/25/2009, Entered: None
MANDATE of USCA as to 58 Notice of Appeal filed by LUCILLE IACOVELLI - This appeal, docketed on May 11, 2009, is DISMISSED for failure to timely pay the required docketing fee, pursuant to Circuit Rule 3(b). (No paper record to be returned.) (TMA) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 6/22/2009, Entered: None Court Filing
NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Sarah Evans Barker on April 17, 2009. (Associated Reporting, ) (Entered: 06/22/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 6/19/2009, Entered: None Court Filing
***SEE CORRECTED 112 DOCUMENT FOR SIGNATURE REQUIREMENT***TRANSCRIPT of Proceedings held on April 17, 2009, before Judge Sarah Evans Barker. Court Reporter/Transcriber Kathleen Andrews, Telephone number (317) 631-0940. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 7/10/2009. Release of Transcript Restriction set for 9/17/2009. (Associated Reporting, ) Modified to refer to corrected document on 9/17/2009 (TLH). (Entered: 06/19/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 6/17/2009, Entered: None Court Filing
ENTRY DIRECTING FURTHER PROCEEDINGS (See Entry). Signed by Judge Sarah Evans Barker on 6/17/09. c/m (TMA) (Entered: 06/18/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 6/17/2009, Entered: None Court Filing
SCHEDULING ORDER: Motion Hearing set for 7/1/2009 02:00 PM in room #216 before Judge Sarah Evans Barker cm. Signed by Judge Sarah Evans Barker on 6/17/2009.(MAC) (Entered: 06/17/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 6/9/2009, Entered: None Court Filing
SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by DR. BARRY EPPLEY, MD, DMD for proceedings held on 04/17/2009 before Judge Sara Evans Barker, re 58 Notice of Appeal (Rompala, Joseph) (Entered: 06/09/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 6/9/2009, Entered: None Court Filing
SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by DR. BARRY EPPLEY, MD, DMD for proceedings held on 04/08/2009 before Judge Sara Evans Barker, re 58 Notice of Appeal (Rompala, Joseph) (Entered: 06/09/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 6/4/2009, Entered: None
Statement and Certification Regarding Efforts to Resolve Discovery Dispute by DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 06/04/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 6/4/2009, Entered: None Motion for Sanctions
MOTION for Sanctions for Defendant's Refusal to Respond to Discovery Requests, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Discovery Request of 4-21-09, # 2 Exhibit B - Email to Ms. Iacovelli of 5-27-09)(Richardson, Todd) (Entered: 06/04/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 5/28/2009, Entered: None Court Filing
ENTRY - The defendant shall have through the close of business on June 4, 2009, in which to supplement her designation of record on appeal by both submitting the proposed additional materials and explaining why, in relation to the standards established in Rule 10(e) of the Federal Rules of Appellate Procedure the inclusion of such additional materials could be found proper. Signed by Judge Sarah Evans Barker on 5/28/2009. (TMA) (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 5/27/2009, Entered: None Court Filing
SCHEDULING ORDER: Show Cause Hearing set for 7/1/2009 02:00 PM in room #216 before Judge Sarah Evans Barker. Defendant shall be prepared to show cause why she should not be held in contempt and sanctioned for disregard of the Courts orders. The Court has allocated ninety (90) minutes for the hearing. The parties and any intended witnesses shall appear in person cm. Signed by Judge Sarah Evans Barker on 5/27/2009.(MAC) (Entered: 05/27/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 5/26/2009, Entered: None
AFFIDAVIT re 76 Reply in Support of Motion by DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Search for barryeppleyplasticsurgeon.com, # 2 Exhibit B - Search for eppleyplasticsurgerysucks., # 3 Exhibit C - Search for lewis-kappessucks.com, # 4 Exhibit D - Search for losingface.org, # 5 Exhibit D - Search for side-effects.eu, # 6 Exhibit F - Search for judgegod.com)(Richardson, Todd) (Entered: 05/26/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 5/26/2009, Entered: None
AFFIDAVIT re 76 Reply in Support of Motion by DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - J. Rompala Email of 4-28-09, # 2 Exhibit B - J. Rompala Email of 4-28-09, # 3 Exhibit C - Email received 4-29-09 from R. Bergeron, # 4 Exhibit D - Email of 4-29-09 from R. Bergeron, # 5 Exhibit E - Email of 4-29-09 from R. Bergeron, # 6 Exhibit F - Email of 4-29-09 from Frank, # 7 Exhibit G - Email of 5-3-09 from R. Bergeron, # 8 Exhibit H - Email of 5-14-09 from R. Bergeron, # 9 Exhibit I - Printout of Home Page, # 10 Exhibit J - Printout of 5-18-09)(Richardson, Todd) (Entered: 05/26/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 5/26/2009, Entered: None
REPLY in Support of Motion re 18 MOTION For Order to Show Cause Why Defendant And Those in Active Concert and Participation With Her Should Not Be Held In Contempt, 51 Supplemental MOTION for Order to Show Cause, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 05/26/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 5/26/2009, Entered: None
RESPONSE in Opposition re 72 MOTION for Sanctions, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 05/26/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 5/21/2009, Entered: None
DESIGNATION of Record on Appeal by LUCILLE IACOVELLI re 58 Notice of Appeal. (TMA) (Entered: 05/26/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 5/22/2009, Entered: None
BRIEF/MEMORANDUM in Support re 72 MOTION for Sanctions, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) (Entered: 05/22/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 5/22/2009, Entered: None, Terminated: 7/15/2009
MOTION for Rule 11 Sanctions, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) (Entered: 05/22/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 5/19/2009, Entered: None
Submission of "Defendant's Reply Brief to Plaintiff's Opposition to Motion to Strike Affidavits and to Dissolve Preliminary Injunction," filed by Defendant LUCILLE IACOVELLI. (PG) (Entered: 05/22/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 5/19/2009, Entered: None
RESPONSE in Opposition re 51 Supplemental MOTION for Order to Show Cause, filed by Defendant LUCILLE IACOVELLI. (PG) (Entered: 05/22/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 5/18/2009, Entered: None
DESIGNATION of Record on Appeal by all plaintiffs re 58 Notice of Appeal (Attachments: # 1 Exhibit 1-Highlighted Docket)(Richardson, Todd) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 5/18/2009, Entered: None Court Filing
ENTRY - Defendant has again incorrectly filed a complaint of judicial misconduct in this action. That document 61 is stricken from the file and docket in this action. The defendant's 60 request for leave to proceed in forma pauperis with respect to her appeal from the issuance of the preliminary injunction is denied. The defendant's 62 motion to strike is denied as untimely. Signed by Judge Sarah Evans Barker on 5/15/2009. c/m (cc: USCA) (TMA) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 5/13/2009, Entered: None
RESPONSE in Opposition re 62 MOTION to Strike Affidavits and to Dissolve Preliminary Injunction, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 5/12/2009, Entered: None
USCA Case Number 09-2239 for 58 Notice of Appeal filed by LUCILLE IACOVELLI. (TMA) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 5/11/2009, Entered: None
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 58 Notice of Appeal. - for Court of Appeals Use Only. (CBU) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 5/11/2009, Entered: None
SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 58 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (CBU) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 5/8/2009, Entered: None
SECOND AFFIDAVIT by LUCILLE IACOVELLI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(MAC) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 5/7/2009, Entered: None
MOTION to Strike all plaintiff testimony volunteered by attorneys for the plaintiff as irrelevant hearsay; and Motion to Dissolve/Vacate Preliminary Injunction, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) . Modified on 5/8/2009 (MAC). (Entered: 05/08/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 5/7/2009, Entered: None
*** STRICKEN PER ENTRY OF 5/15/09 *** Submission of Complaint of Judicial Misconduct or Disability, filed by Defendant LUCILLE IACOVELLI. (MAC) Modified on 5/18/2009 (TMA). Forwarded to the 7th Circuit on 5/18/09. (Entered: 05/08/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 5/7/2009, Entered: None
MOTION for Leave to Appeal in forma pauperis w/affidavit filed by Defendant LUCILLE IACOVELLI (CBU) (Entered: 05/07/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 5/7/2009, Entered: None
DOCKETING STATEMENT c/s LUCILLE IACOVELLI re 58 Notice of Appeal (CBU) (Entered: 05/07/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 5/7/2009, Entered: None
NOTICE OF APPEAL as to 46 Order on Motion for Preliminary Injunction and 47 Preliminary Injunction c/s filed by Defendant LUCILLE IACOVELLI (CBU) (Entered: 05/07/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 5/7/2009, Entered: None
NOTICE of Filing Notice of Appeal, Affidavit, Motion for IFP and docketing statement c/s by LUCILLE IACOVELLI (CBU) (Entered: 05/07/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 5/1/2009, Entered: None Court Filing
ENTRY and Notice. The plaintiffs motion for order to show cause (dkt 18) and supplemental motion for order to show cause (dkt 51) are granted, and further proceedings are directed. The defendant shall have through May 18, 2009, in which to file a written response to such motions. The court will thereafter determine what further proceedings, if any, are warranted based on the claims made in the plaintiffs motions cm. Signed by Judge Sarah Evans Barker on 5/1/2009.(MAC) (Entered: 05/01/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 4/30/2009, Entered: None Court Filing
ENTRY and Notice - It was noted in paragraph 3 of the Entry issued on April 13, 2009, that [t]he defendants filing of April 9, 2009 (dkt 24)... is not effective as a purported counterclaim or third-party complaint. (Emphasis in original.) Consistent with that observation and ruling, the further statement in the Entry of April 21, 2009, that the plaintiff had through April 29, 2009, in which to file an answer to the defendants counterclaim was a mis-statement and is rescinded. Signed by Judge Sarah Evans Barker on 4/30/2009.(MAC) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 4/28/2009, Entered: None Court Filing
ORDER Denies re 50 Submission of Complaint of Judical Misconduct construed as a renewed request for the recusal of the undersigned filed by LUCILLE IACOVELLI (S.O.) cm. Signed by Judge Sarah Evans Barker on 4/28/2009.(MAC) (Entered: 04/29/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 4/27/2009, Entered: None Court Filing
ENTRY Directing further proceedings; Parties shall have to 6/25/09 in which to complete written discovery and discovery depositions. Dispositive Motions due by 7/22/2009. No case management plan need be submitted in this action unless ordered in the future cm. Signed by Judge Sarah Evans Barker on 4/27/2009.(MAC) (Entered: 04/28/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 4/27/2009, Entered: None
AFFIDAVIT of Counsel by DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A - Email by Eppley 04-18-09, # 2 Exhibit B - Email by Eppley 04-25-09, # 3 Exhibit C - Home Page Printout, # 4 Appendix D - Printout, # 5 Exhibit E - Home Page Printout, # 6 Exhibit F - Printout, # 7 Appendix G - Printout, # 8 Exhibit H - MySpace Printout, # 9 Exhibit I - MySpace Printout, # 10 Exhibit J - Printout, # 11 Exhibit K - Printout Twitter, # 12 Exhibit L - Printout, # 13 Exhibit M - Printout, # 14 Exhibit N - Printout, # 15 Exhibit O - Printout, # 16 Exhibit P - Printout, # 17 Exhibit Q - Printout)(Richardson, Todd) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 4/27/2009, Entered: None
Supplemental MOTION for Order to Show Cause, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 4/24/2009, Entered: None
Submission of Complaint for Judicial Misconduct, filed by Defendant LUCILLE IACOVELLI. no c/s (Attachments: # 1 Preliminary Injunction, # 2 Entry for 4/17/09, # 3 Entry Granting Preliminary Injunction, # 4 Affidavit of Lucille Iacovelli, # 5 Entry Discussing Request for Recusal, # 6 Request to Appear Telephonically, # 7 Internet Pages, # 8 Exhibit H, # 9 Exhibit I)(MAC) (Entered: 04/24/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 4/21/2009, Entered: None Court Filing
ENTRY regarding scrivener's error in paragraph 3 of the Entry issued on 4/17/09-The corrected and amended paragraph 3 is now issued cm Signed by Judge Sarah Evans Barker on 4/21/2009.(CBU) (Entered: 04/22/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 4/17/2009, Entered: None Court Filing
Minute Entry for proceedings held before Judge Sarah Evans Barker: Evidentiary Hearing held on 4/17/2009. Dr. Eppley appeared in person and by counsel for the evidentiary hearing on Plaintiffs Motion for Preliminary Injunction. [Docket No. 12.] Defendant did not appear, either in person or by counsel. Plaintiff presents evidence. The Court stated that Plaintiffs Motion for Sanctions [Docket No. 18] remained under advisement and explained that if Defendant and her associates fail to comply with the Courts Preliminary Injunction, the Court will, upon a renewed request by Plaintiff, set a hearing at which Defendant will be required to appear and show cause why she should not be held in contempt and sanctioned (S.E.) cm (Court Reporter Kate Andrews.) (MAC) (Entered: 04/20/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 4/17/2009, Entered: None Court Filing
PRELIMINARY INJUNCTION enjoining certain communications and conduct on the part of Defendant, her agents, those in active concert and participation with her, and those who have offered their services to her. See Preliminary Injunction for specifics. Signed by Judge Sarah Evans Barker on 4/17/2009.(PGS) (Entered: 04/17/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 4/17/2009, Entered: None Court Filing
ENTRY granting 12 Motion for Preliminary Injunction. Signed by Judge Sarah Evans Barker on 4/17/2009. (PGS) (Entered: 04/17/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 4/17/2009, Entered: None
NOTICE of Filing of Fourth Affidavit of Counsel by DR. BARRY EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Email from Frank de Groot to Todd Richardson, # 2 Exhibit B - Email from Rich Bergeron to Todd Richardson, # 3 Exhibit C - Email from Rich Bergeron to Todd Richardson, # 4 Exhibit D - Email from Frank de Groot to Todd Richardson, # 5 Exhibit E - Email from Rich Bergeron to Barry Eppley, # 6 Exhibit F - Email from Rich Bergeron to Todd Richardson, # 7 Exhibit G - Email from Rich Bergeron to Todd Richardson, # 8 Exhibit H - Webpages from www.twitter.com, # 9 Exhibit I - Webpages from www.losingface.net, # 10 Exhibit J - Webpages from barryeppleyplasticsurgeon.com, # 11 Exhibit K - Email from Boob Licker to Todd Richardson, # 12 Exhibit L - Webpages from lewis-kappessucks.com, # 13 Exhibit M - Webpages from eppleyplasticsurgerysucks.com, # 14 Exhibit N - Webpages from barryeppleyplasticsurgeon.com) (Richardson, Todd) (Entered: 04/17/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 4/17/2009, Entered: None Court Filing
ORDER denying 41 Application to Proceed in Forma Pauperis; 43 Motion to Stay; 43 Motion to Recuse; and 43 Motion for Continuance. Signed by Judge Sarah Evans Barker on 4/17/2009. (PGS) (Entered: 04/17/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 4/16/2009, Entered: None Court Filing
MOTION to Recuse Judge, MOTION to Stay, MOTION for Continuance and Motion for Show Cause Hearing, filed by Defendant LUCILLE IACOVELLI. c/s (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit J)(MAC) (Entered: 04/16/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 4/16/2009, Entered: None
AFFIDAVIT in support of Motion to Proceed on Appeal In Forma Pauperis re 41 Application by LUCILLE IACOVELLI. (MAC) (Entered: 04/16/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 4/16/2009, Entered: None
APPLICATION to proceed without prepayment of fees and costs, filed by Defendant LUCILLE IACOVELLI. (MAC) (Entered: 04/16/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 4/16/2009, Entered: None Court Filing
ENTRY DENYING APRIL 14, 2009,REQUEST FOR RECUSAL. Signed by Judge Sarah Evans Barker on 4/16/2009.(PGS) (Entered: 04/16/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 4/16/2009, Entered: None
NOTICE of Filing of Proposed Findings of Fact and Conclusions of Law and Order Issuing Preliminary Injunction by DR. BARRY EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Proposed Findings of Fact and Conclusions of Law) (Richardson, Todd) (Entered: 04/16/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 4/15/2009, Entered: None Court Filing
ENTRY CONCERNING SELECTED MATTERS: (1) denying 35 non-party Rich Bergeron's Motion for Leave to Proceed in forma pauperis; (2) denying Defendant's request to allow Rich Bergeron to represent her at the April 17, 2009, hearing; and (3) denying Defendant's request for a continuance of the April 17, 2009, hearing. Signed by Judge Sarah Evans Barker on 4/15/2009. (PGS) (Entered: 04/15/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 4/15/2009, Entered: None
RESPONSE in Opposition to Defendant's Informal Request for Continuance, to be Represented by Non-Attorney Non-Party, and to Appear Telephonically at Preliminary Injunction Hearing, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 04/15/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 4/14/2009, Entered: None
Letter from Lucille Iacovelli received by fax requesting to appear telephonically at the 4/17/09 hearing. (MAC) (Entered: 04/14/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 4/13/2009, Entered: None
MOTION for Leave to Proceed in forma pauperis, filed by Rich Bergeron. (MAC) (Entered: 04/14/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 4/13/2009, Entered: None Court Filing
ENTRY ON SELECTED MATTERS: (1) denying Defendant's First Amendment Writ (Docket No. 25); (2) declaring the purported claims of Rich Bergeron of no effect at this point; (3) accepting Defendant's filing of April 9, 2009 (at Docket No. 24) as adequate to serve as Defendant's answer to the Complaint, but ineffective to assert the purported counterclaim or third-party claim; (4) permitting Defendant through April 22, 2009, to file a proper counterclaim; and (5) permitting Defendant through April 22, 2009, to file a proper third-party complaint. See Entry for further details. Signed by Judge Sarah Evans Barker on 4/13/2009.(PGS) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 4/13/2009, Entered: None Court Filing
AMENDED ORDER re 22 Order on Motion Continuing previously issued Temporary Restraining Order (S.O.) cm. Signed by Judge Sarah Evans Barker on 4/13/2009.(MAC) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 4/10/2009, Entered: None
Submission of Supplement to Pending Motion for Show Cause Hearing on Why Defendant and her Agents Should Not Receive Contempt Sanctions, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 31 Filed: 4/10/2009, Entered: None
NOTICE of Filing of Third Affidavit of Counsel by DR. BARRY EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Email from Todd Richardson to Lucille Iacovelli, # 2 Exhibit B - Email from Rich Bergeron to Joe Rompala, Todd Richardson, Gary Price and Barry Eppley, # 3 Exhibit C - Webpages from http://eppleyplasticsurgerysucks.com, # 4 Exhibit D - Email from Frank de Groot to all Directors at Lewis & Kappes, # 5 Exhibit E - Webpages from http://www.barryeppleyplasticsurgeon.com/sarah-evans-barker.html, # 6 Exhibit F - Email from Frank de Groot to Todd Richardson, # 7 Exhibit G - Email from Dr. Barry Eppley to Todd Richardson) (Rompala, Joseph) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 4/9/2009, Entered: None
Submission of E-mail communication received from Frank de Groot sent to the Court's Courtroom Deputy received on 4/9/09. (MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 4/9/2009, Entered: None
Submission of E-mail Communicaton from Rich Bergeron sent to the Court's Courtroom Deputy received on 4/9/0.(MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 4/9/2009, Entered: None Court Filing
ENTRY - On April 9, 2009, the Courtroom Deputy received two communications by E-mail one from Rich Bergeron and one from Frank A. de Groot. The Clerk is directed to note each of the E-mail communications on the Courts docket, with the corresponding docket references for each entry. (S.E.) cm. Signed by Judge Sarah Evans Barker on 4/9/2009.(MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 4/9/2009, Entered: None
AFFIDAVIT of Rich Bergeron re 24 Answer to Complaint by LUCILLE IACOVELLI. (MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 4/9/2009, Entered: None
AFFIDAVIT of Lucille Iacovelli re 24 Answer to Complaint by LUCILLE IACOVELLI. (MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 4/9/2009, Entered: None
Submission of Amended Writ, filed by Defendant LUCILLE IACOVELLI. (MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 4/9/2009, Entered: None
ANSWER to 1 Complaint, filed by LUCILLE IACOVELLI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 4/9/2009, Entered: None Court Filing
ORDER Regarding Documents received via email from Richard Bergeron; The Clerks Office is instructed to accept said documents for filing with the Court and cause each of the above-listed documents to be entered on the docket of this cause. The Court will address the effect of these filings in a subsequent entry though, for the present, nothing in those filings effectively makes Mr. Bergeron a party in the case, despite any appearances or interpretations to the contrary (S.E.). Signed by Judge Sarah Evans Barker on 4/9/2009.(MAC) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 4/8/2009, Entered: None Court Filing
ORDER Continuing previously issued Temporary Restraining Order to 4/17/09. Minute Order for proceedings held before Judge Sarah Evans Barker: Evidentiary Hearing held on 4/8/2009; granting 17 Motion to prohibit non-lawyer from engaging in the unauthorized practice of law; taking under advisement 18 Motion for Order to Show Cause why defendant and those acting in concert with her should not be held in contempt of Court. Evidentiary Hearing on plaintiff's Motion for Preliminary Injunction set for 4/17/2009 02:00 PM in room #216 before Judge Sarah Evans Barker (See Order) (Court Reporter Laura Howie-Walters.)(MAC) (Entered: 04/08/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 4/8/2009, Entered: None
Submission of E-mail communication from Frank A. de Groot sent to the Court's Courtroom deputy received 4/7/09.(MAC) (Entered: 04/08/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 4/8/2009, Entered: None Court Filing
ENTRY Directing Clerk to file the E-mail communication from Frank A. de Groot sent to the Court's Courtroom deputy and cause it to be placed on the Court's docket with an appropriate docket entry cm. Signed by Judge Sarah Evans Barker on 4/8/2009.(MAC) (Entered: 04/08/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 4/6/2009, Entered: None Court Filing
ORDER Granting in part and Denying in part requests made by Defendant in pro se letter to Court. Signed by Judge Sarah Evans Barker on 4/6/2009.(PGS) (Entered: 04/06/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 4/6/2009, Entered: None
MOTION For Order to Show Cause Why Defendant And Those in Active Concert and Participation With Her Should Not Be Held In Contempt, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph) (Entered: 04/06/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 4/6/2009, Entered: None
MOTION to Prohibit Non-Lawyer From Engaging in Unauthorized Practice of Law, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph) (Entered: 04/06/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 4/6/2009, Entered: None
AFFIDAVIT Second of Counsel by DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit Exhibit A - Email from Rich Bergeron to Todd Richardson, # 2 Exhibit Exhibit B - E-mail from Rich Bergeron to Todd Richardson, # 3 Exhibit Exhibit C - Copy of Webpage from www.eppleyplasticsurgerysucks.com, # 4 Exhibit Exhibit D - Copy of Webpage - lucilleiacovelli.blogspot.com, # 5 Exhibit Exhibit E - E-mail from B. Eppley to Todd Richardson, # 6 Exhibit Exhibit F - E-mail from info@owndoc.com to Lucille, # 7 Exhibit Exhibit G - E-mail from info@owndoc.com to P. Kappes)(Rompala, Joseph) (Entered: 04/06/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 4/6/2009, Entered: None
Letter from Lucille Iacovelli received by fax concerning telephonic appearance at the hearing set for 4/7/09. (MAC) (Entered: 04/06/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 4/3/2009, Entered: None
NOTICE of Filing of Affidavit of Counsel Regarding Notice and Service by DR. BARRY EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Fax from Todd Richardson to Steve Jochim, # 2 Exhibit B - Email from Todd Richardson to Steven Jochim, # 3 Exhibit C - Email from Todd Richardson to Lucille Iacovelli, # 4 Exhibit D - Email from Lucille Iacovelli to Todd Richardson, # 5 Exhibit E - Email from Todd Richardson to Lucille Iacovelli, # 6 Exhibit F - Email from Todd Richardson to Rich Bergeron, # 7 Exhibit G - Letter from Joseph Rompala to Rich Bergeron, # 8 Exhibit H - Email from Rich Bergeron to Todd Richardson, # 9 Exhibit I - Email from Todd Richardson to Dylan McFan, # 10 Exhibit J - Letter from Todd Richardson to Erika Hahn, # 11 Exhibit K - Summons to Lucille Iacovelli, # 12 Exhibit L - Copy of Webpage "Losing Face", # 13 Exhibit M - Copy of Webpage from Blogspot.com, # 14 Exhibit N - Copy of Webpages from Fundable.com) (Rompala, Joseph) (Entered: 04/03/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 3/30/2009, Entered: None Court Filing
Minute Entry for proceedings held before Judge Sarah Evans Barker: In Chambers Conference held on 3/30/2009. The Court convened in chambers to consider the request of Plaintiffs counsel that a Temporary Restraining Order issue in accordance with their written submissions and, being duly advised, the Court granted their request and entered a Temporary Restraining Order without notice, pursuant to Fed R. Civ. P. 65(b)(1). (MAC) (Entered: 04/01/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 3/31/2009, Entered: None
MOTION for Preliminary Injunction, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph) (Entered: 03/31/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 3/30/2009, Entered: None Court Filing
ORDER granting 9 Plaintiff's Motion for Temporary Restraining Order. Show Cause Hearing set for 4/7/2009 at 02:30 PM in room #216 before Judge Sarah Evans Barker at which Defendant shall appear and show cause why a preliminary injunction should not be issued to preliminarily enjoin her, and those acting in active concert with her during the pendency of this action. Signed by Judge Sarah Evans Barker on 3/30/2009. (PGS) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 3/30/2009, Entered: None
BRIEF in Support re 9 MOTION for Temporary Restraining Order, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 3/30/2009, Entered: None
MOTION for Temporary Restraining Order, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 3/30/2009, Entered: None
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 3/30/2009, Entered: None
NOTICE of Appearance by Todd Arthur Richardson on behalf of Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 3/30/2009, Entered: None
NOTICE of Appearance by Gary P. Price on behalf of Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 3/30/2009, Entered: None
NOTICE of Appearance by Joseph Peter Rompala on behalf of Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 3/30/2009, Entered: None Summons Issued
Summons Issued as to LUCILLE IACOVELLI. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 3/30/2009, Entered: None
RECEIPT #IP011855 in the amount of $ 350.00 (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 3/30/2009, Entered: None
CIVIL COVER SHEET, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 3/30/2009, Entered: None
COMPLAINT against LUCILLE IACOVELLI, filed by DR. BARRY EPPLEY, MD, DMD. (Attachments: # 1 Exhibit 1- Frightening Facts Article, # 2 Exhibit 2- Confirmation Bias & Attribution Error Page, # 3 Exhibit 3- Extreme Measures Necessary to Survive, # 4 Exhibit 4- Barry Eppley: Cosmetic Surgery's Unscrupulous Smooth Operator Article, # 5 Exhibit 5- YouTube Videos, # 6 Exhibit 6- Lucille's Videos on Vimeo, # 7 Exhibit 7- Facelift Journey From Health to Hell Video, # 8 Exhibit 8- Description of Before the Facelift Journey From Health to Hell Video, # 9 Exhibit 9- Dr. Barry Eppley Omitted Essential Part of My Operation, # 10 Exhibit 10- Pages from Cosmetic Surgery Dark Side Webiste, # 11 Exhibit 11- Post to www.Cosmeticsurgeryuglyside.com by Lucille, # 12 Exhibit 12- Luciacovelli's Weblog, # 13 Exhibit 13- Fax from Lucielle Iacovelli on April 25, 2007, # 14 Exhibit 14- Email from Lucille Iacovelli dated 2/3/2008, # 15 Exhibit 15- Email from veritas@switched.com dated 9/23/2008, # 16 Exhibit 16- Email from Lucille Iacovelli dated 2/12/2009, # 17 Exhibit 17- Email from Lucille Iacovelli dated 2/14/2009, # 18 Exhibit 18- Email to Andrea from Lucille, # 19 Exhibit 19- Email from Lucille Iacovelli dated 3/18/2009, # 20 Exhibit 20- Email from Lucille Iacovelli dated 3/19/2009, # 21 Exhibit Email from Lucille Iacovelli dated 3/20/2009, # 22 Exhibit Email from Lucille Iacovelli dated 3/21/2009, # 23 Exhibit 23- Posts to www.ComesticSurgeryUglySide.com by Lucille, # 24 Exhibit 24- Posts to www.plasticdisaster.wordpress.com by Lucielle, # 25 Exhibit 25- Post to CosmeticSurgeryUglySide.com by Lucille, # 26 Exhibit 26- Post to www.lucilleiacovelli.blogspot.com, # 27 Exhibit 27- Post to www.lucilleiacovelli.blogspot.com, # 28 Exhibit 28- Post to www.luciavovelli.livejournal.com dated 2/14/2009, # 29 Exhibit 29- Dr. Eppley plays 'Blame the Vcitim' Article)(JD) (Entered: 03/30/2009)
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