Lipin v. Wisehart et al
| Ohio Southern District Court | |
| Judge: | Matthew W Mcfarland |
| Referred: | Stephanie K Bowman |
| Case #: | 1:24-cv-00620 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 28, 2024 |
| Terminated: | Jan 30, 2025 |
| Last checked: Thursday Dec 12, 2024 3:47 AM EST |
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Defendant
Mark Apelman
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Represented By
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Defendant
J. Does 1-10
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Defendant
Arthur Dodson Wisehart
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Represented By
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Defendant
C. Winston Wisehart
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Represented By
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Plaintiff
Joan Carol Lipin
Joan Lipin 5615 Kugler Mill Road
Cincinnati, OH 45236 |
GPO
Nov 13 2024
REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Joan Carol Lipin. IT IS RECOMMENDED THAT: (1) This case should be DISMISSED WITH PREJUDICE; (2) Plaintiff should be declared to be VEXATIOUS subject to satisfaction of additional pre-filing restrictions before the Clerk of Court will accept any new complaint. Specifically, Plaintiff should be required to obtain a certification of an attorney in good standing in this Court that any new case filed in this Court is not frivolous and that the suit is not brought for any improper purpose; (3) In addition, Plaintiff should be warned that the filing of any frivolous motions or other frivolous documents in this case is likely to subject her to additional restrictions. Such restrictions may include a prohibition on filing further motions or documents in this case absent a certification of an attorney in good standing in this Court that the filing is non-frivolous; (4) Within fourteen (14) days of the filing of this Report and Recommendation, Plaintiff should be directed to SHOW CAUSE why she should not be immediately required to pay a monetary sanction of $1,000.00 to the Clerk of Court, with the presiding district judge to determine after review of any response whether to impose a monetary sanction at this time; (5) If Plaintiff attempts to voluntarily dismiss the above-captioned case under Rule 41(a)(1), (a) any such dismissal should operate as an adjudication on the merits based on her prior dismissal of No. 1:23-cv-684-MWM-SKB, which was a federal case that was based on or included the same claim(s) that Plaintiff previously dismissed without prejudice; and (b) any voluntary dismissal should have no impact on the recommended sanctions contained in this Report and Recommendation. Objections to R&R due by 11/27/2024. Signed by Magistrate Judge Stephanie K. Bowman on 11/13/2024. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Jan 30 2025
on 1/30/2025 (jmt).ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION (Doc. 6) - The Court finds that Plaintiff's Objections (Doc. 18) are not well-taken and are accordingly OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 6) in its entirety and ORDERS the following: (1) Plaintiff's case is DISMISSED WITH PREJUDICE (2) Plaintiff IS DECLARED a vexatious litigant subject to the satisfaction of additional pre-filing restrictions before the Clerk of Court will accept any new complaint; (3) Plaintiff SHALL BE REQUIRED to obtain a certification of an attorney in good standing in this Court that any new case filed in this Court is not frivolous and that the suit is not brought for any improper purpose; (4) Plaintiff SHALL NOT FILE any further frivolous motions or documents in this case, as doing so will likely trigger additional restrictions or sanctions; (5) Within fourteen (14) days of this Order, Plaintiff must SHOW CAUSE as to why she should not be immediately required to pay a monetary sanction of $1,000.00 to the Clerk of Court; (6) Plaintiff's Objections to the November 19, 2024, Notation Order (Doc. 15) are OVERRULED; and (7) Plaintiff's Motion to Disqualify Counsel for Defendants (Doc. 8) is DENIED AS MOOT. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 1/30/2025. (jmt)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified docket text |
| Docket last updated: 11 hours ago |
| Friday, February 14, 2025 | ||
| 24 | 24
appeal
USCA Case Number
Tue 02/18 10:48 AM
USCA Case Number 25-3098 for23 Notice of Appeal filed by Joan Carol Lipin, r, Michelle R. Lambert, Case Manager (513-564-7035). (kh) |
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| Thursday, February 13, 2025 | ||
| 23 | 23
appeal
Notice of Appeal
Thu 02/13 2:46 PM
NOTICE OF APPEAL re20 Clerk's Judgment (Filing fee has been paid, receipt number 100005146) by Plaintiff Joan Carol Lipin. (kev) |
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Att: 1
Filing Fee Receipt
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appeal
USCA Appeal Fees
Thu 02/13 2:47 PM
USCA Appeal Fees received $ 605 receipt number 100005146 re23 Notice of Appeal filed by Joan Carol Lipin. (kev) |
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| Friday, February 07, 2025 | ||
| 22 | 22
misc
Response to Order to Show Cause
Fri 02/07 1:50 PM
Plaintiff "Must" Response to the Court's OTSC; and Rule 60 Motion to Vacate the Judgement; and Request for Judicial Notice by Joan Carol Lipin. (kev) |
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| Wednesday, February 05, 2025 | ||
| 21 | 21
motion
Vacate
Wed 02/05 8:01 AM
Plaintiff Motion and Memorandum of Law to Vacate the Order (Doc19 ) Pursuant to Federal Rule of Civil Procedure 60(b) and for Judicial Notice by Plaintiff Joan Carol Lipin. (kev) |
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| Thursday, January 30, 2025 | ||
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order
Judgment - Clerk
Thu 01/30 2:12 PM
CLERK'S JUDGMENT. Signed by Judge Matthew W. McFarland on 1/30/2025. (jmt)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| 19 | 19
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pgs
order
Order Adopting Report and Recommendations
Thu 01/30 2:06 PM
ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION (Doc.6 ) - The Court finds that Plaintiff's Objections (Doc.18 ) are not well-taken and are accordingly OVERRULED. The Court ADOPTS the Report and Recommendations (Doc.6 ) in its entirety and ORDERS the following: (1) Plaintiff's case is DISMISSED WITH PREJUDICE (2) Plaintiff IS DECLARED a vexatious litigant subject to the satisfaction of additional pre-filing restrictions before the Clerk of Court will accept any new complaint; (3) Plaintiff SHALL BE REQUIRED to obtain a certification of an attorney in good standing in this Court that any new case filed in this Court is not frivolous and that the suit is not brought for any improper purpose; (4) Plaintiff SHALL NOT FILE any further frivolous motions or documents in this case, as doing so will likely trigger additional restrictions or sanctions; (5) Within fourteen (14) days of this Order, Plaintiff must SHOW CAUSE as to why she should not be immediately required to pay a monetary sanction of $1,000.00 to the Clerk of Court; (6) Plaintiff's Objections to the November 19, 2024, Notation Order (Doc.15 ) are OVERRULED; and (7) Plaintiff's Motion to Disqualify Counsel for Defendants (Doc.8 ) is DENIED AS MOOT. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 1/30/2025. (jmt)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified docket text on 1/30/2025 (jmt) |
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utility
Set/Reset Deadlines
Thu 01/30 2:32 PM
Set Deadlines re Doc19 : Show Cause Response due by 2/13/2025. (kh) |
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| Monday, November 25, 2024 | ||
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respoth
Objection to Report and Recommendations
Tue 11/26 7:48 AM
Plaintiff's Objections and Memorandum of Law to the Magistrate Judge's Sua Sponte R&R and OTSC by Joan Carol Lipin. (kev) |
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| 16 | 16
service
Summons Returned Executed
Mon 11/25 3:04 PM
[Dual perfection of service. Refer to17 for correct answer date]. SUMMONS Returned Executed as to Defendant Mark Apelman. Mark Apelman served on 11/14/2024, answer due 12/5/2024. (kev) |
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utility
Set/Reset Deadlines
Mon 11/25 3:44 PM
Reset Deadlines per17 SUMMONS Returned Executed as to Defendant Mark Apelman: Mark Apelman answer due 12/3/2024. (kev) |
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| Wednesday, November 20, 2024 | ||
| 17 | 17
service
Summons Returned Executed
Mon 11/25 3:35 PM
SUMMONS Returned Executed as to Defendant Mark Apelman. Mark Apelman served on 11/12/2024, answer due 12/3/2024. (kev) |
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| 15 | 15
motion
Objection to Magistrate Judge Order
Wed 11/20 10:54 AM
Plaintiff's Objections to the Magistrate Judge's Notation Order Entered on November 19, 2024, and Memorandum of Law by Joan Carol Lipin. (kev) |
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| 13 | 13
order
Related Case Memorandum
Wed 11/20 10:11 AM
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:23-cv-684 and 1:24-cv-620 ARE related and transferred to the docket of Judge Matthew W. McFarland. Signed by Judge Matthew W. McFarland and Judge Michael R. Barrett on 11/20/2024. (kh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Tuesday, November 19, 2024 | ||
| 14 | 14
respm
Reply to Response to Motion
Wed 11/20 10:43 AM
Plaintiff's Reply to the Defendants' Opposition (Doc10 ) to her Motion Disqualifying Opposing Counsel for Cause (Doc8 ) filed by Joan Carol Lipin. (kev) |
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order
Order on Motion for Extension of Time
Tue 11/19 3:00 PM
NOTATION ORDER - This matter is before the Court on Defendants' Motion to Suspend all Pleading and Discovery Dates (doc.11 ) and Plaintiff's Response in Opposition (doc.12 ). Having considered this matter, and noting the Report and Recommendation recommending dismissal of this action with prejudice that is currently pending before Judge Barrett (doc.6 ), the undersigned finds Defendants' request well taken. Accordingly, Defendants' motion (doc.11 ) is hereby GRANTED. All applicable pleading and discovery deadlines in this matter are hereby STAYED pending disposition of the pending Report and Recommendation. This Order does NOT include any deadlines for the filing of objections and responses to the pending Report and Recommendation . Signed by Magistrate Judge Stephanie K. Bowman on 11/19/2024. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Monday, November 18, 2024 | ||
| 12 | 12
respm
Response in Opposition to Motion
Mon 11/18 1:12 PM
Plaintiff's Opposition and Memorandum of Laws to Defendants' Motion to Suspend All Pleading and Discovery Dates by Joan Carol Lipin. (kev) |
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| 11 | 11
motion
Extension of Time
Mon 11/18 9:03 AM
First MOTION for Extension of Time New date requested 12/31/2024. for all pleading and pretrial dates by Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart. (Webber, Adam) |
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| 10 | 10
respm
Response in Opposition to Motion
Mon 11/18 8:59 AM
RESPONSE in Opposition re8 MOTION to Disqualify Counsel filed by Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart. (Webber, Adam) |
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| Friday, November 15, 2024 | ||
| 9 | 9
misc
Affidavit
Fri 11/15 2:47 PM
Affidavit of Service by Plaintiff Joan Carol Lipin. (kev) |
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| Thursday, November 14, 2024 | ||
| 8 | 8
motion
Miscellaneous Relief
Thu 11/14 3:33 PM
Plaintiff's Motion and Memorandum of Law to Disqualify Counsel for Each Wisehart Defendant, and Defendant Apelman by Plaintiff Joan Carol Lipin. (kev) |
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| Wednesday, November 13, 2024 | ||
| 6 | 6
motion
Report and Recommendations
Wed 11/13 8:18 AM
REPORT AND RECOMMENDATIONS re1 Complaint, filed by Joan Carol Lipin. IT IS RECOMMENDED THAT: (1) This case should be DISMISSED WITH PREJUDICE; (2) Plaintiff should be declared to be VEXATIOUS subject to satisfaction of additional pre-filing restrictions before the Clerk of Court will accept any new complaint. Specifically, Plaintiff should be required to obtain a certification of an attorney in good standing in this Court that any new case filed in this Court is not frivolous and that the suit is not brought for any improper purpose; (3) In addition, Plaintiff should be warned that the filing of any frivolous motions or other frivolous documents in this case is likely to subject her to additional restrictions. Such restrictions may include a prohibition on filing further motions or documents in this case absent a certification of an attorney in good standing in this Court that the filing is non-frivolous; (4) Within fourteen (14) days of the filing of this Report and Recommendation, Plaintiff should be directed to SHOW CAUSE why she should not be immediately required to pay a monetary sanction of $1,000.00 to the Clerk of Court, with the presiding district judge to determine after review of any response whether to impose a monetary sanction at this time; (5) If Plaintiff attempts to voluntarily dismiss the above-captioned case under Rule 41(a)(1), (a) any such dismissal should operate as an adjudication on the merits based on her prior dismissal of No. 1:23-cv-684-MWM-SKB, which was a federal case that was based on or included the same claim(s) that Plaintiff previously dismissed without prejudice; and (b) any voluntary dismissal should have no impact on the recommended sanctions contained in this Report and Recommendation. Objections to R&R due by 11/27/2024. Signed by Magistrate Judge Stephanie K. Bowman on 11/13/2024. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Tuesday, November 12, 2024 | ||
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notice
Notice of Appearance
Tue 11/12 3:58 PM
NOTICE of Appearance by Adam R Webber for Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Mark Apelman, Arthur Dodson Wisehart, C. Winston Wisehart (Webber, Adam) |
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| Tuesday, November 05, 2024 | ||
| 4 | 4
service
Summons Returned Executed
Tue 11/05 10:26 AM
SUMMONS Returned Executed as to Defendant C. Winston Wisehart. C. Winston Wisehart served on 10/30/2024, answer due 11/20/2024. (kev) |
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| Friday, November 01, 2024 | ||
| 3 | 3
service
Summons Returned Executed
Fri 11/01 10:33 AM
SUMMONS Returned Executed as to Defendants Arthur Dodson Wisehart, Arthur Dodson Wisehart, Arthur Dodson Wisehart. Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ) served on 10/31/2024, answer due 11/21/2024; Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust) served on 10/31/2024, answer due 11/21/2024; Arthur Dodson Wisehart served on 10/31/2024, answer due 11/21/2024. (kev) |
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| Monday, October 28, 2024 | ||
| 2 | 2
service
Summons Issued
Mon 10/28 3:31 PM
Summons Issued as to Mark Apelman, Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ), Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust), C. Winston Wiseheart, and Arthur Dodson Wisehart. (kev) |
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| 1 | 1
193
pgs
cmp
Complaint
Mon 10/28 3:29 PM
COMPLAINT with JURY DEMAND against Mark Apelman, J. Does 1-10, Arthur Dodson Wisehart(In his capacity as Trustee of the AMW Family Trust ), Arthur Dodson Wisehart(In his capacity as Trustee of the Dorothy R. Wisehart Trust), Arthur Dodson Wisehart, C. Winston Wiseheart, filed by Joan Carol Lipin. (kev) |
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Att: 1
Filing Fee Receipt,
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Att: 2
Civil Cover Sheet
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misc
Filing Fee Received
Mon 10/28 3:30 PM
Filing fee received: $ 405.00, receipt number 100004689 (kev) |
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