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          Docket for case  3:92cv00010  consists of  9  pages.

  Case was last updated on:  07/15/96 .  Report was generated on:   8/08/96 .


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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

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                                  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

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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

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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

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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

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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
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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

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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

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3:92cv10      Sweigert, et al v. Electronic Systems, et al               R/R


[END OF DOCKET: 3:92cv10]




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