Landry-Bell v. Various Inc et al

Plaintiff Shelly Landry-Bell alleges that defendant Zach Wilhelm harassed her by posting plaintiff's photos with lewd and obscene text on defendant Various, Inc.'s websites.
Plaintiff:Shelly Landry-Bell
Defendant:Various Inc and Zach Wilhelm
 
Case Number:5:2005cv01526
Filed:August 26, 2005
 
Court:Louisiana Western District Court
Office:Shreveport Office [ Court Info ]
County:Caddo
Presiding Judge:Judge Tom Stagg
Referring Judge:Magistrate Judge Mark L Hornsby
 
Nature of Suit:Torts - Injury - Other Personal Injury
Cause:28:1332 Diversity-Personal Injury
Jurisdiction:Diversity
Jury Demanded By:Both

Date Filed

#

Docket Text

August 26, 2005   FILING FEE: on behalf of Shelly Landry-Bell in the amount of $250.00, receipt number 123425 (crt,Brown, A) (Entered: August 31, 2005)
August 26, 2005 1 COMPLAINT against Various Inc, Zach Wilhelm with Jury Demand filed by Shelly Landry-Bell. (Attachments: # 1 Civil cover sheet)(crt,Leleux, M) (Entered: September 7, 2005)
September 8, 2005 2 SUMMONS ISSUED as to Various Inc, Zach Wilhelm. (crt,Franklin, K) (Entered: September 9, 2005)
September 28, 2005   PRO HAC VICE FILING FEE: for Ira P. Rothken on behalf of Various Inc in the amount of $25.00, receipt number 123905 (crt,Thigpen, M) (Entered: September 28, 2005)
September 28, 2005 3 PETITION for Admission of Ira P Rothken Pro Hac Vice by Various Inc. (Attachments: # 1 Certificate of good standing # 2 Text of proposed order)(crt,Franklin, K) (Entered: September 28, 2005)
September 28, 2005 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) by Various Inc. (Attachments: # 1 Memorandum in Support)(crt,Whidden, C) Modified on 10/3/2005 to remove deficiency notation, SEE CORRECTIVE DOCUMENT, DOC # 7. (Brown, A). (Entered: September 30, 2005)
September 29, 2005 6 ORDER granting 3 Motion to Appear Pro Hac Vice for appearance of Ira P Rothken for Various Inc. Signed by Judge Mark L Hornsby on 9/29/05. (crt,Whidden, C) (Entered: September 30, 2005)
September 30, 2005 5 NOTICE of Deficiency to Ira P Rothken and Bennett L Politz on behalf of Various Inc re: Motion to Dismiss submitted on September 28, 2005. Reason: needs signature of local counsel. (Copy sent to Ira P Rothken via manual fax.) (crt,Whidden, C) (Entered: September 30, 2005)
October 3, 2005 7 CORRECTIVE DOCUMENT entitled Motion to Dismiss filed by Various Inc regarding 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6). (Attachments: # 1 Corrective Caption for Memorandum/Brief # 2 Signature Page for Memorandum/Brief # 3 Certificate of Service)(crt,Brown, A) (Entered: October 3, 2005)
October 3, 2005 8 NOTICE of Motion Setting without oral argument regarding 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6). Motion day set for 11/7/2005 before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: October 3, 2005)
October 17, 2005 9 OPPOSITION re 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Shelly Landry-Bell. (Attachments: # 1 Notice of manual attachment)(crt,Brown, A) (Entered: October 18, 2005)
October 26, 2005 10 REPLY to Response to Motion re 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Various Inc. (aty,Rothken, Ira) (Entered: October 26, 2005)
October 26, 2005 11 REPLY to Response to Motion re 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) -EVIDENTIARY OBJECTIONS filed by Various Inc. (aty,Rothken, Ira) (Entered: October 26, 2005)
November 17, 2005 12 OPPOSITION to Papers Filed by Various Inc Styled as Evidentiary Objections and Requests to Strike Affidavits and Exhibits Lodged by Plaintiff in Support of her Opposition to 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Shelly Landry-Bell. (Attachments: # 1 Duplicate Original)(crt,Brown, A) (Entered: November 18, 2005)
December 2, 2005 13 MOTION FOR ENLARGEMENT OF TIME to Effect Service of Summons and Complaint upon defendant Zach Wilhelm by Shelly Landry-Bell. (Attachments: # 1 Text of proposed order)(crt,Brown, A) Modified on 12/8/2005 to remove deficiency notation, SEE DOC #15. (Brown, A). (Entered: December 2, 2005)
December 2, 2005 14 NOTICE of Deficiency to David A Szwak on behalf of Shelly Landry-Bell re: Motion for Enlargement of time to Effect Service of Summons upon Defendant submitted on 12/02/05. Reason: Needs statement of consent. (crt,Brown, A) (Entered: December 2, 2005)
December 8, 2005 15 CORRECTIVE DOCUMENT entitled Statement of Consent filed by Shelly Landry-Bell regarding 13 MOTION FOR EXTENSION OF TIME Effect Service of Summons and Complaint. (crt,Brown, A) (Entered: December 8, 2005)
December 9, 2005 16 ORDER GRANTING 13 Motion for Extension of Time to Effect Service of Summons and Complaint upon defendant Zach Wilhelm. Plaintiff is permitted until 1/9/2006 to effect service of summons and complaint upon defendant Zach Wilhelm. Signed by Judge Mark L Hornsby on 12/9/05. (crt,Brown, A) (Entered: December 9, 2005)
December 27, 2005 17 REPORT AND RECOMMENDATIONS re 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Various Inc. IT IS RECOMMENDED that the Motion to Dismiss be granted and that all claims against Various, Inc be dismissed with prejudice. The Evidentiary Objections and Request to Strike (Doc. 11) filed by Various should be denied as moot. Objections to R&R due by 1/17/2006. Signed by Judge Mark L Hornsby on 12/27/05. (crt,Brown, A) (Entered: December 28, 2005)
January 5, 2006 18 SUMMONS Returned Executed by Shelly Landry-Bell. Zach Wilhelm served on 12/30/2005, answer due 1/19/2006. (crt,Brown, A) (Entered: January 5, 2006)
January 11, 2006 19 OBJECTION to 17 Report and Recommendations by Shelly Landry-Bell. (Attachments: # 1 Memorandum / Brief # 2 Exhibits)(crt,Brown, A) Modified on 1/24/2006 to remove deficiency notation, SEE DOC #21(Brown, A). (Entered: January 12, 2006)
January 12, 2006 20 NOTICE of Deficiency to David A Szwak on behalf of Shelly Landry-Bell re: Objection to Report and Recommendation submitted on 1/11/06. Reason: A table of contents is required for a brief which exceeds ten pages. (crt,Brown, A) (Entered: January 12, 2006)
January 24, 2006 21 CORRECTIVE DOCUMENT entitled Table of Authorities filed by Various Inc regarding 19 Objection to Report and Recommendations. (crt,Brown, A) (Entered: January 24, 2006)
January 26, 2006 22 RESPONSE to Plaintiff's Objection to the 17 REPORT AND RECOMMENDATIONS re 4 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Various Inc, RESPONDING TO PLAINTIFF?S OBJECTION TO REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HORNSBY filed by Various Inc. (aty,Rothken, Ira) Modified on 1/26/2006 to modify text to correspond with actual pleading and to create docket entry relationship to 19 Objection to Report and Recommendation(Whidden, C). (Entered: January 26, 2006)
February 2, 2006 23 MEMORANDUM ORDER DENYING 4 Motion to Dismiss filed by Various Inc and rejecting 17 Report and Recommendations. Signed by Judge Tom Stagg on 2/1/06. (crt,Brown, A) (Entered: February 2, 2006)
February 21, 2006 24 ANSWER to Complaint with Jury Demand by Various Inc.(aty,Rothken, Ira) (Entered: February 21, 2006)
February 23, 2006 25 NOTICE of Change of Address by David A Szwak (crt,Brown, A) (Entered: February 23, 2006)
March 7, 2006 26 MOTION to Strike 24 Answers and Defenses to Complaint by Shelly Landry-Bell. (Attachments: # 1 Memorandum / Brief # 2 Text of proposed order)(crt,Brown, A) (Entered: March 7, 2006)
March 7, 2006 27 NOTICE of Motion Setting without oral argument regarding 26 MOTION to Strike 24 Answer to Complaint. Motion day set for 4/17/2006 before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: March 7, 2006)
March 7, 2006 28 CORRECTED NOTICE of Motion Setting without oral argument regarding 26 MOTION to Strike 24 Answer to Complaint. Motion day set for 4/17/2006 before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: March 7, 2006)
March 22, 2006 29 MEMORANDUM in Opposition re 26 MOTION to Strike 24 Answer to Complaint filed by Various Inc. (aty,Rothken, Ira) (Entered: 03/22/2006)
March 22, 2006 30 AFFIDAVIT re 29 Memorandum in Opposition to Motion - Declaration of Ira P. Rothken by Various Inc. (aty,Rothken, Ira) (Entered: March 22, 2006)
March 28, 2006 31 REPLY to Defendant's Opposition to Plaintiff's 26 MOTION to Strike 24 Answers and Defenses Asserted by Various Inc. filed by Shelly Landry-Bell. (crt,Brown, A) (Entered: March 29, 2006)
April 24, 2006 32 REPORT AND RECOMMENDATIONS re 26 MOTION to Strike 24 Answer to Complaint filed by Shelly Landry-Bell. IT IS RECOMMENDED that the Motion to Strike Answers and defenses be denied. Objections to R&R due by 5/11/2006. Signed by Judge Mark L Hornsby on 4/24/06. (crt,Brown, A) (Entered: April 24, 2006)
May 4, 2006 33 ORDER Initial Disclosure due by 6/21/2006. Rule 26 Conference between parties to take place before 6/7/2006. Rule 26 Report due by 6/21/2006. Scheduling Conference set for 6/28/2006 02:30 PM before Magistrate Judge Mark L Hornsby.Signed by Judge Mark L Hornsby on 5/2/06. (crt,Brown, A) Modified on 5/5/2006 to correct file date(Brown, A). (Entered: May 5, 2006)
June 9, 2006 34 ORDER ADOPTING 32 Report and Recommendations and DENYING 26 Motion to Strike. Signed by Judge Tom Stagg on 6/9/06. (crt,Brown, A) (Entered: 06/09/2006)
June 21, 2006 35 RULE 26(f) Report. (Attachments: # 1 Memorandum -no original signature or signed certificate of service; # 2 Exhibits)(crt,Brown, A) Modified on 6/23/2006 to remove deficiency notation see doc 38(Brown, A). (Entered: 06/22/2006)
June 21, 2006 37 MINUTE ENTRY: Scheduling Conference RESET for 6/29/2006 02:30 PM before Magistrate Judge Mark L Hornsby. Signed by Judge Mark L Hornsby on 6/20/06. (crt,Brown, A) (Entered: June 22, 2006)
June 22, 2006 36 NOTICE of Deficiency to David A Szwak on behalf of Shelly Landry-Bell re: Rule 26 F Report submitted on 6/21/06. Reason: The memorandum did not contain an original signature and the document is not accompanied by a signed certificate of service. (crt,Brown, A) (Entered: June 22, 2006)
June 23, 2006 38 CORRECTIVE DOCUMENT entitled Signature page and Certificate of Service filed by Shelly Landry-Bell regarding 35 Rule 26(f) Report. (crt,Brown, A) (Entered: June 23, 2006)
June 27, 2006 39 RESPONSE Memorandum by Various Inc re 35 Rule 26(f) Report. (aty,Rothken, Ira) (Entered: June 27, 2006)
June 29, 2006 40 MINUTES for proceedings held before Judge Mark L Hornsby : SCHEDULING CONFERENCE held on 6/29/2006. Magistrate Judge Status Conference set for 9/28/2006 02:30 PM before Magistrate Judge Mark L Hornsby. (crt,Brown, A) (Entered: June 30, 2006)
September 13, 2006 41 MEMO TO THE COURT REGARDING STATUS filed by Shelly Landry-Bell in Response to 40 Minutes of Scheduling Conference (crt,Wormser, C) (Entered: September 13, 2006)
September 14, 2006 42 MINUTE ENTRY: Scheduling Conference RESCHEDULED for 12/6/2006 10:00 AM before Magistrate Judge Mark L Hornsby. Signed by Judge Mark L Hornsby on 9/14/06. (crt,Brown, A) (Entered: 09/14/2006)
October 16, 2006 43 SUPPLEMENTAL MEMO TO THE COURT REGARDING STATUS filed by Shelly Landry-Bell in Response to 40 Minutes of Scheduling Conference. (crt,Wormser, C) (Entered: October 17, 2006)
December 6, 2006 44 MINUTES: A STATUS CONFERENCE was held before Magistrate Judge Mark Hornsby on 12/6/2006. A followup Status Conference is set for 5/24/2007 at 01:30 p.m. before Magistrate Judge Hornsby to review the status of the case. Signed by Magistrate Judge Mark Hornsby on December 6, 2006. (crt,Cassanova, M) (Entered: December 7, 2006)
May 10, 2007 45 SUMMONS REISSUED as to Zach Wilhelm. (crt,Smith, C) (Entered: May 15, 2007)
May 24, 2007 46 MINUTES for proceedings held before Judge Mark L Hornsby : STATUS CONFERENCE held on 5/24/2007. Magistrate Judge Status Conference set for 7/30/2007 01:30 PM before Magistrate Judge Mark L Hornsby. (crt,Smith, C) (Entered: May 29, 2007)
June 22, 2007 47 SUMMONS Returned Executed by Shelly Landry-Bell. Zach Wilhelm served on 6/19/2007, answer due 7/9/2007. (crt,Smith, C) (Entered: June 25, 2007)
July 6, 2007 48 ANSWER to Complaint by Zach Wilhelm.(aty,Odom, John) (Entered: July 6, 2007)
July 30, 2007 49 SCHEDULING ORDER: Jury Trial set for 8/18/2008 09:30 AM before Judge Tom Stagg. Pretrial Conference set for 7/18/2008 10:30 AM before Judge Tom Stagg. Plaintiffs Expert Info/Reports due by 12/14/2007. Witness List due by 12/14/2007. Discovery due by 1/31/2008. Defendants Expert Info/Reports due by 1/31/2008. Dispositive Motions due by 1/31/2008. Expert Depositions due by 2/29/2008. Conference/Meeting of counsel to prepare pretrial order to be held by 6/18/2008. Motions in Limine due by 7/3/2008. Pretrial Order due by 7/8/2008. Trial Depositions due by 7/28/2008. Trial Brief/Pretrial Submissions due by 8/8/2008.. Signed by Judge Mark L Hornsby on 7/30/07. (crt,Joffrion, B) (Entered: July 31, 2007)
July 30, 2007   MINUTES for proceedings held before Judge Mark L Hornsby : SCHEDULING CONFERENCE held on 7/30/2007. (crt,Joffrion, B) (Entered: July 31, 2007)
July 31, 2007 50 MOTION to Compel, MOTION for Sanctions, MOTION to Expedite by Shelly Landry-Bell. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Smith, C) (Entered: August 1, 2007)
August 7, 2007 51 NOTICE of Motion Setting without oral argument regarding 50 MOTION to Compel, MOTION for Sanctions. Motion day set for 9/4/2007 before Magistrate Judge Mark L Hornsby. (crt,Smith, C) (Entered: August 7, 2007)
August 9, 2007 52 Joint MOTION for Protective Order by Zach Wilhelm and Shelly Landry-Bell. (aty,Odom, John) Modified on 8/9/2007 to add filer (Smith, C). (Entered: August 9, 2007)
August 9, 2007 53 MEMORANDUM in Support re 52 Joint MOTION for Protective Order filed by Zach Wilhelm. (aty,Odom, John) (Entered: August 9, 2007)
August 9, 2007 54 PROPOSED ORDER/JUDGMENT by Zach Wilhelm re 52 Joint MOTION for Protective Order. (aty,Odom, John) (Entered: August 9, 2007)
August 10, 2007 55 PROTECTIVE ORDER granting 52 Motion for Protective Order. Signed by Judge Mark L Hornsby on August 10, 2007. (crt,Dean, S) (Entered: August 10, 2007)
August 22, 2007 56 90 DAY ORDER DISMISSING CASE. Signed by Judge Mark L Hornsby on 8/22/07. (crt,Brown, A) (Entered: August 23, 2007)
September 13, 2007 57 JOINT/VOLUNTARY MOTION to Dismiss by Shelly Landry-Bell. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: September 13, 2007)
September 17, 2007 58 ORDER granting 57 Joint/Voluntary Motion to Dismiss claims against Various Inc with prejudice with each party bearing their respective costs. Signed by Judge Mark L Hornsby on September 17, 2007. (crt,Dean, S) (Entered: September 17, 2007)
Docket Report Last Checked: November 29, 2007 14:58:05 PST
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Plaintiff: Shelly Landry-Bell
Represented By: David A Szwak
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Defendant: Various Inc
Represented By: Ira P Rothken, Bennett L Politz
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Defendant: Zach Wilhelm
Represented By: John S Odom, Jr
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