Public Access to Court Electronic Records Docket Report Output Menu Docket for case 3:92cv00010 consists of 9 pages. Case was last updated on: 07/15/96 . Report was generated on: 8/08/96 . X---------------------------------------------------------------------------X PACER session date: Thursday May 28, 1998 01:08:18 PM EDT Case docket was last updated on: 07/15/96. Docket as of August 8, 1996 3:17 am Page 1 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R TERMED APPEAL R/R U.S. District Court for the Southern District of Ohio (Dayton) CIVIL DOCKET FOR CASE #: 92-CV-10 Sweigert, et al v. Electronic Systems, et al Filed: 01/13/92 Assigned to: Judge Sandra S Beckwith Jury demand: Plaintiff Referred to: Mag. Judge Michael Merz Demand: $500,000 Nature of Suit: 150 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 31:3731 Fraud DAVID GEORGE SWEIGERT Gerald Francis Kaminski plaintiff [COR LD NTC] US Attorney Rm 220 USPO & Courthouse 100 E. Fifth St Cincinnati, OH 45202 (513) 684-3711 Michael F Hertz [COR LD NTC] Polly A Dammann [COR NTC] Dara C Pfeiffer 202-514-9473 [COR LD NTC] U.S. Department of Justice Civil Division Ben Franklin Station P.O. Box 261 Washington, DC 20044 202-307-0237 David George Sweigert [COR LD NTC] [PRO SE] 890 Altanta Street Suite F-189 Roswell, GA 30075 v. ELECTRONIC SYSTEMS ASSOCIATES Neil H Sanders INC [COR LD NTC] defendant 2212 E Fourth Avenue Tampa, FL 33605 Docket as of August 8, 1996 3:17 am Page 2 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 813-248-2998 LEMUEL KINNEY Neil H Sanders defendant (See above) [COR LD NTC] Docket as of August 8, 1996 3:17 am Page 3 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 1/13/92 1 COMPLAINT with jury demand (Summonses 2 issued) ( no. pgs: 8) (gb) 1/30/92 2 MOTION by defendants for appearance of James H. Roberts III and Steven L. Zelinger to participate as counsel ( no pgs: 4) (ms) 1/30/92 3 MOTION by defendants to dismiss Oral Argument requested; expedited disposition requested ( no pgs: 20 plus attachments) (ms) 1/30/92 4 MOTION by defendants to expedite disposition of Defendants Motion to Dismiss and memorandum in support ( no pgs: 3) (ms) 1/30/92 5 AFFIDAVIT of Lemuel Kinney regarding motion to expedite disposition of Defendants Motion to Dismiss and memorandum in support [4-1], regarding motion to dismiss [3-1] ( no pgs: 7 plus attachments) (ms) 2/3/92 -- NOTATION ORDER by Mag. Judge Michael Merz granting motion for appearance of James H. Roberts III and Steven L. Zelinger to participate as counsel for Defendants [2-1] (cc: all counsel) (ms) 2/5/92 7 ORDER by Judge Herman J. Weber Case referred to Mag. Judge Michael Merz-PTM (cc: all counsel) ( no pgs: 1) (mkb) 2/7/92 8 MEMORANDUM by plaintiff in opposition to Defendants Motion to Dismiss [3-1] ( no pgs: 9 plus attachments) (ms) 2/18/92 9 REPLY by defendant to response to motion to dismiss [3-1] ( no pgs: 7 plus attachments) (ms) 2/24/92 10 REPORT AND RECOMMENDATION concerning motion to expedite disposition of Defendants Motion to Dismiss and memorandum in support [4-1], motion to dismiss [3-1] by Mag. Judge Michael Merz; recommends that plaintiffs claims be dismissed with prejudice for failure to serve and file this action in accordance with the required statutory procedure; however, does not recommend dismissal of this entire action. This action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. The Attorney general has not as yet been given an opportunity to determine if he wishes to proceed with this action. NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 4) (gb) 2/25/92 11 ORDER by Mag. Judge Michael Merz for government consideration ; Case mgnt ddl for A.G. Intervene in and prosecute case determination 5/22/92 (cc: all counsel) ( no pgs: 2) (gb) Docket as of August 8, 1996 3:17 am Page 4 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 2/27/92 12 ORDER by Judge Herman J. Weber Case reassigned to Judge Sandra S. Beckwith, order of reference to Magistrate remains in effect (cc: all counsel) ( no pgs: 1) (gb) 2/28/92 13 AMENDED COMPLAINT by plaintiff David George Sweigert (Filed Under Seal) (ms) 3/25/92 14 ORDER by Judge Sandra S. Beckwith granting motion REPORT AND RECOMMENDATION [10-1], it is hereby ordered that Plaintiffs claims made in the Complaint herin be dismissed with prejudice. (cc: all counsel) ( no pgs: 1) (ms) 4/24/92 15 MOTION by USA to extend time (filed under seal) (gb) 4/28/92 16 EXPARTE ORDER (Filed in Camera and Under Seal) by Mag. Judge Michael Merz (cc: all counsel) ( no pgs: 1) (ms) [Entry date 05/20/92] 7/23/92 17 MOTION by plaintiff USA Sealed Party #1 to extend time to 10/26/92 (Filed under seal) ( no pgs: 6) (dm) [Entry date 07/24/92] 7/30/92 18 ORDER by Judge Sandra S. Beckwith granting motion to extend time to 10/26/92 [17-1] (cc: all counsel) ( no pgs: 1) (Filed Under Seal) (gb) [Entry date 08/24/92] 9/2/92 19 MOTION by plaintiff Sealed Party #1 to dismiss Case (Filed Under Seal) (ms) 9/28/92 20 REPORT AND RECOMMENDATION by Mag. Judge Michael Merz concerning motion to dismiss Case [19-1], It recommended that this action should be dismissed with prejudice as to any claim by Mr. Sweigert and without prejudice as to any potential claims by the United States. NOTICE: Parties have 13 days to file objections (cc: all counsel) ( no pgs: 2) (ms) [Entry date 09/29/92] 10/21/92 -- NOTICE of D&E to SSB on R&R #20 no objections filed, by ctrm dep kse ( no pgs: 0) (seal) 10/30/92 21 ORDER by Judge Sandra S. Beckwith granting motion REPORT AND RECOMMENDATION [20-1] terminating case without prejudice (cc: all counsel) ( no pgs: 2) (ms) 10/30/92 22 JUDGMENT IN A CIVIL CASE: that this action is dismissed with prejudice as to any claim by Relator David George Sweigert and without prejudice as to any potential claims by the United States of America dismissing case (cc: all counsel) ( no pgs: 1) (ms) 12/14/92 23 MOTION by defendants Attorney to withdraw attorney James Roberts and Steven Zelinger ( no pgs: 4) (ms) [Entry date 12/16/92] Docket as of August 8, 1996 3:17 am Page 5 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 12/21/92 24 ORDER by Mag. Judge Michael Merz striking motion to withdraw attorney James Roberts and Steven Zelinger [23-1], While discharge by the client would be good cause, the court will require an aknowledgment by Mr. Kinney that he is no longer represented in this matter until a new counsel is found. corporate defendant cannot proceed pro se, you must have a trial attorney. (cc: all counsel) ( no pgs: 1) (ms) 4/7/93 -- NOTICE filed mailed to Judge Beckwith in Columbus (gb) 4/9/93 25 NOTICE by defendants Sealed Party #1, Sealed Party #2 of discharge of attorneys for Dfts and ACKNOWLEDGMENT that Dfts are no longer represented in this matter until a new counsel is found.( no pgs: 1) (mc) [Entry date 04/13/93] 4/15/93 26 NOTICE of hearing ; In-courtroom 805 (J. Rubin's courtroom) - SHOW CAUSE HEARING 10:00 4/20/93 (cc: all counsel) (wy) 4/20/93 27 CIVIL MINUTES: Atty Sanders moves to appear for Dft Kinney; granted. Cnsl for dft moves for Rule 11 monetary sanctions against Pltf Swiegert for disclosure of sealed document prior to Court's ordered expiration date of 10/26/93. USA has no position as to motion for sanctions. Atty Sanders will file formal motion by 4/22/93. Court finds Pltf Swieger in contempt for violating Order; fees and costs will be awarded to Dft Kinney.( no pgs: 1) (mc) [Entry date 04/23/93] 4/26/93 28 AFFIDAVIT OF ATTORNEYS FEES by Neil H. Sanders, II ( no pgs: 2) (mc) [Entry date 04/28/93] 5/4/93 29 ORDER by Judge Sandra S. Beckwith terminating case and awarding the defendant attorney fees and costs in the amount of $5,905.40 to be paid within 30 days from the date of this order (cc: all counsel) ( no pgs: 1) (ms) 5/17/93 30 RESPONSE by plaintiff to Civil Minutes that Mr. Sweigert was in contempt of court [27-1] ( no pgs: 6) (ms) [Entry date 05/18/93] 6/1/93 31 ORDER by Judge Sandra S. Beckwith striking response of Mr. Sweigert [30-1] to Court's Order of 5//4/93. (cc: all counsel) ( no pgs: 2) (seal) [Entry date 06/03/93] 4/5/95 32 (STRICKEN PER ORDER # 33) MOTION by plaintiff David George Sweigert for relief from 5/4/93 Rule 11 sanctions ( no pgs: 3 plus attachments) (gb) [Edit date 05/01/95] 4/6/95 33 ORDER by Mag. Judge Michael Merz striking motion for relief from 5/4/93 Rule 11 sanctions [32-1] (cc: all counsel) ( no pgs: 1) (gb) Docket as of August 8, 1996 3:17 am Page 6 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 4/6/95 34 NOTICE of submission of exhibits per Rule 24 by plaintiff David George Sweigert - no certificate of service ( no pgs: 2) (re) 4/6/95 35 MOTION by plaintiff David George Sweigert for Rule 60(b) relief from May 4, l993 Rule 11 Sanctions of $5,905.40 ( no pgs: 12 w/exhibits) Filed in Columbus (re) [Entry date 05/01/95] [Edit date 05/01/95] 4/7/95 36 COPY OF RULE 24 SUBMISSION EXHIBITS TAKEN BY COLUMBUS OFFICE - duplicate of Document 34 by plaintiff David George Sweigert ( no pgs: 2/w exhibits) (re) [Entry date 05/01/95] 4/17/95 37 Previously STRICKEN BY N/O on 4/18/95 - Motion by plaintiff for Rule 60(b) relief from October 30, 1992 judgment of dismissal with prejudice (no pgs: 5 w/attachments) (dlb) [Edit date 06/21/95] 4/18/95 38 PROOF OF SERVICE of Motion for relief from 5-4-93 ruling Doc # 35 by plaintiff David George Sweigert (no pgs: 2) (dlb) [Edit date 05/01/95] 4/18/95 -- NOTATION ORDER by Mag. Judge Michael Merz striking motion for Rule 60(b) relief from October 30, 1992 judgment of dismissal with prejudice [37-1]; NO CERTIFICATE OF SERVICE (cc: all counsel) (dlb) 4/20/95 39 NOTICE by plaintiff David George Sweigert of change of address (no pgs: 2) (dlb) 4/28/95 40 MOTION by plaintiff David George Sweigert for Rule 60(b) relief from May 4, 1993 Rule 11 Sanctions of $5,905.40 (no pgs: 3 w/attachments) (dlb) 5/1/95 41 PROOF OF SERVICE by plaintiff David George Sweigert of Rule 24 Submission of Exhibits by plaintiff--document #36, originally filed with the Court on April 7, 1995 (no pgs: 1) (dlb) 5/2/95 42 PROOF OF SERVICE by plaintiff David George Sweigert of Rule 60(b) Motion for Relief [37-1] (no pgs: 2) (dlb) [Edit date 05/03/95] 5/10/95 43 MOTION by plaintiff David George Sweigert (Rule 55) for entry of default against defendant for failure to file responsive pleading (no pgs: 3) (dlb) Docket as of August 8, 1996 3:17 am Page 7 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 5/11/95 44 Order DENYING Default Entry; REPORT AND RECOMMENDATION by Mag. Judge Michael Merz that motion for entry of default against defendant for failure to file responsive pleading [43-1] be DENIED; motion for Rule 60(b) relief from May 4, 1993 Rule 11 Sanctions of [40-1], and motion for Rule 60(b) relief from May 4, l993 Rule 11 Sanctions of $5,905.40 [35-1] be DENIED; NOTICE: Parties have 10 days to file objections (cc: all counsel) (no pgs: 4) (dlb) [Edit date 05/11/95] 6/12/95 45 ORDER by Judge Sandra S. Beckwith granting motion Order DENYING Default Entry; REPORT AND RECOMMENDATION [44-1], denying motion for Rule 60(b) relief from May 4, 1993 Rule 11 Sanctions of $5,905.40 [40-1] (cc: all counsel) ( no pgs: 1) (gb) 6/20/95 46 MEMORANDUM in opposition by United States to motion by plaintiff for Rule 60(b) relief from October 30, 1992 judgment of dismissal with prejudice [37-1] (no pgs: 4 w/attachments) (dlb) [Entry date 06/21/95] 6/21/95 47 REPORT AND RECOMMENDATION by Mag. Judge Michael Merz that motion for Rule 60(b) relief from October 30, 1992 judgment of dismissal with prejudice [37-1] should be DENIED; NOTICE: Parties have 10 days to file objections; objections due 7/11/95 (cc: all counsel) (no pgs: 2) w/attachment) (dlb) 6/21/95 48 MOTION by plaintiff David George Sweigert for relief under F.R.C.P. 60(b)(6) from October 30, 1992 Final Judgment (no pgs: 2 w/attachments) (dlb) 7/5/95 49 OBJECTIONS by plaintiff David George Sweigert to Report and Recommendation [47-1] (no pgs: 7) (dlb) 7/5/95 50 NOTICE by plaintiff David George Sweigert of change of address (no pgs: 1) (dlb) 7/17/95 51 REPORT AND RECOMMENDATION by Mag. Judge Michael Merz that motion for relief under F.R.C.P. 60(b)(6) from October 30, 1992 Final Judgment [48-1] be DENIED; NOTICE: Parties have 10 days to file objections, objections due 8/3/95 (cc: all counsel) (no pgs: 2) (dlb) 8/11/95 52 ORDER by Judge Sandra S. Beckwith adopting motion REPORT AND RECOMMENDATION [51-1], denying motion for relief under F.R.C.P. 60(b)(6) from October 30, 1992 Final Judgment [48-1], finding the motion REPORT AND RECOMMENDATION [47-1] moot., denying motion for Rule 60(b) relief from October 30, 1992 judgment of dismissal with prejudice [37-1] (cc: all counsel) ( no pgs: 1) (dlb) Docket as of August 8, 1996 3:17 am Page 8 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R 8/11/95 53 JUDGMENT IN A CIVIL CASE: It is Ordered and Adjudged that the Motions for Relief from Judgment (Doc.#48 and #37), of Relator David G. Sweigert, are DENIED (cc: all counsel) (no pgs: 1) (dlb) 8/16/95 54 NOTICE OF APPEAL by plaintiff David George Sweigert from Dist. Court decision [52-1] and judgment [53-1] of 08/11/95 (no pgs: 2) (dlb) 8/16/95 -- APPEAL FEE pd in amount of $ 105.00 (Receipt # 142852) (dlb) 8/16/95 55 NOTICE of designation of appeal [54-1] by Clerk (no pgs: 1) (dlb) 8/16/95 -- APPEAL NOTIFICATION issued CA regarding appeal [54-1]. (dlb) 8/22/95 56 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 95-3884 (eo) 8/25/95 -- Mail Returned [52-1], [53-1] addressed to Steven L Zelinger for defendant Lemuel Kinney, James H Roberts III for defendant Lemuel Kinney; new copies of orders ran and remailed with corrected address (dlb) 8/31/95 -- TRANSCRIPT ORDER FORM unnecessary (dlb) 8/31/95 57 DESIGNATION OF RECORD filed by plaintiff David George Sweigert (dlb) 9/15/95 -- Mail Returned [55-1], [54-1], [53-1], [52-1] addressed to Steven L Zelinger for defendant Lemuel Kinney, James H Roberts III for defendant Lemuel Kinney; remailed to corrected address (eo) 9/15/95 -- NOTICE by clerk that should the case be reactivated attorney Neil H Sanders needs to be added as counsel for defendant ESA, Inc [28] (eo) 11/16/95 58 RECORD CERTIFIED to USCA 6th: Consisting of 3 volumes of pleadings only. (dlb) [Edit date 11/17/95] 12/20/95 59 NOTICE of receipt of record on appeal (no pgs: 4) (dlb) [Edit date 12/28/95] 5/20/96 60 INFORMATION COPY of USCA 6th: accordingly, the district court's order denying Sweigert's motion for Rule 60(b) relief is affirmed regarding appeal [54-1] (dlb) 7/9/96 61 ORDER OF USCA 6th: affirming the decision of the District Court [54-1] (no pgs: 1) (dlb) 7/15/96 62 NOTICE of receipt of record returned from the U.S. Court of Appeals consisting of 3 volumes of pleadings (no pgs: 1) (dlb) Docket as of August 8, 1996 3:17 am Page 9 Proceedings include all events. TERMED APPEAL 3:92cv10 Sweigert, et al v. Electronic Systems, et al R/R [END OF DOCKET: 3:92cv10] X---------------------------------------------------------------------------X