Case details

Court: flsd
Docket #: 1:15-cv-22452
Case Name: MONTGOMERY v. American Civil Liberties Union et al
PACER case #: 466083
Date filed: 2015-06-30
Date terminated: 2015-09-25
Assigned to: Chief Judge K. Michael Moore
Referred to: Magistrate Judge Chris M. McAliley
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Dennis L. Montgomery
Plaintiff
Larry Elliot Klayman
Klayman Law Firm 2520 Coral Way Suite 2027 Miami, FL 33145 3105950800 Fax: 3102753276 Email: leklayman@gmail.com
ATTORNEY TO BE NOTICED

American Civil Liberties Union
Defendant
Charles S. Sims
Proskauer Rose, LLP 11 Times Square New York, NY 10036-8299 212-969-3950 Fax: 969-2900 Email: csims@proskauer.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
Proskauer Rose, LLP 11 Times Square New York, NY 10036 212-969-3000 Email: jbrowning@proskauer.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
2255 Glades Road Suite 421-A Boca Raton, FL 33431 561-995-4733 Fax: 561-241-7145 Email: jgaller@proskauer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SUSAN N. HERMAN
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

CECILLIA D. WANG
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

POCHADA J. DANIEL
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL GERMAN
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ANDRE I SEGURA
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOSHUA BENDOR
Defendant
Charles S. Sims
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John M. Browning
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Galler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-06-30 1 0 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-7874124, filed by DENNIS L. MONTGOMERY. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Summon(s), # 8 Summon(s))(Klayman, Larry) (Entered: 06/30/2015) 2016-03-10 17:56:08 a4133b1b677e7e42d52e35fa89ed4b0f5b8aab50
1 1 Civil Cover Sheet
1 2 Summon(s)
1 3 Summon(s)
1 4 Summon(s)
1 5 Summon(s)
1 6 Summon(s)
1 7 Summon(s)
1 8 Summon(s)
2015-06-30 2 0 Judge Assignment to Chief Judge K. Michael Moore (yha) (Entered: 06/30/2015)
2015-06-30 3 0 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (yha) (Entered: 06/30/2015)
2015-06-30 4 0 Summons Issued as to All Defendants. (yha) (Entered: 06/30/2015)
2015-07-01 5 0 NOTICE by DENNIS L. MONTGOMERY re 1 Complaint, of Filing of Complaint with Complete Exhibits (Attachments: # 1 Exhibit 1) (Klayman, Larry) (Entered: 07/01/2015) 2015-07-22 17:40:20 a92e4718200ea62fbceac4124d50fa0949c2b98a
5 1 Exhibit 1 2015-07-22 17:40:47 dcf91bbfb0d5cf2ddfe94fdf65799b9dea21fd03
2015-07-01 6 0 Notice of Pendency of Other Action by DENNIS L. MONTGOMERY (Klayman, Larry) (Entered: 07/01/2015)
2015-07-06 7 0 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 7/6/2015. (mg00) (Entered: 07/06/2015)
2015-07-06 8 0 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 7/6/2015. (mg00) (Entered: 07/06/2015)
2015-07-22 9 0 MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG. Attorney Jonathan Galler added to party American Civil Liberties Union(pty:dft), Attorney Jonathan Galler added to party JOSHUA BENDOR(pty:dft), Attorney Jonathan Galler added to party POCHADA J. DANIEL(pty:dft), Attorney Jonathan Galler added to party MICHAEL GERMAN(pty:dft), Attorney Jonathan Galler added to party SUSAN N. HERMAN(pty:dft), Attorney Jonathan Galler added to party ANDRE I SEGURA(pty:dft), Attorney Jonathan Galler added to party CECILLIA D. WANG(pty:dft). (Attachments: # 1 Text of Proposed Order)(Galler, Jonathan) (Entered: 07/22/2015) 2015-07-22 17:54:49 c9b2b1535601492928a2445f77647f12495efb2e
9 1 Text of Proposed Order
2015-07-22 10 0 RESPONSE in Opposition re 9 MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, filed by DENNIS L. MONTGOMERY. Replies due by 8/3/2015. (Klayman, Larry) (Entered: 07/22/2015) 2015-07-23 04:18:47 5044f3ee8e64a60e86adff5612247bb02bc30b66
2015-07-23 11 0 PAPERLESS ORDER. THIS CAUSE is before the Court on Defendants' Motion for Extension of Time to Respond to the Complaint 9 . Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion for Extension of Time 9 is GRANTED. Defendants have until August 21, 2015, to respond. Signed by Chief Judge K. Michael Moore on 7/23/2015. (mg00) (Entered: 07/23/2015)
2015-07-23 12 0 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles S. Sims. Filing Fee $ 75.00. Receipt # 105016. (ksa) (Entered: 07/28/2015)
2015-07-23 13 0 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Browning. Filing Fee $ 75.00. Receipt # 105015. (ksa) (Entered: 07/28/2015)
2015-07-29 14 0 PAPERLESS ORDER. THIS CAUSE is before the Court on Defendants' Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 12 . Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Appear Pro Hac Vice 12 is GRANTED. Charles S. Sims, Esq., may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to Mr. Sims at csims@proskauer.com. Signed by Chief Judge K. Michael Moore on 7/29/2015. (mg00) (Entered: 07/29/2015)
2015-07-29 15 0 PAPERLESS ORDER. THIS CAUSE is before the Court on Defendants' Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 13 . Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Appear Pro Hac Vice 13 is GRANTED. John Browning, Esq., may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to Mr. Browning at jbrowning@proskauer.com. Signed by Chief Judge K. Michael Moore on 7/29/2015. (mg00) (Entered: 07/29/2015)
2015-08-04 16 0 Unopposed MOTION for Leave to File Excess Pages by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG. (Attachments: # 1 Text of Proposed Order)(Galler, Jonathan) (Entered: 08/04/2015) 2015-08-04 21:57:30 8a9f67bec40711241c7876e5003b97331d693e98
16 1 Text of Proposed Order
2015-08-05 17 0 PAPERLESS ORDER. THIS CAUSE is before the Court on Defendants' Unopposed Motion to Exceed Page Limit 16 . Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Exceed Page Limit 16 is GRANTED. Signed by Chief Judge K. Michael Moore on 8/5/2015. (mg00) (Entered: 08/05/2015)
2015-08-21 18 0 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue ( Responses due by 9/8/2015) by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG. (Attachments: # 1 Exhibit 1 - Dennis Montgomery Wiki, # 2 Exhibit 2 - The Register Article, # 3 Exhibit 3 - NY Times Article, # 4 Exhibit 4 - NewsHour Article, # 5 Exhibit 5 - Guardian Article, # 6 Exhibit 6 - Melendres Docket 1164, # 7 Exhibit 7 - Melendres Docket 1167, # 8 Exhibit 8 - 4-23-15 Transcript, # 9 Exhibit 9 - 4-24-15 Transcript, # 10 Exhibit 10 - Klayman Misrepresentation, # 11 Exhibit 11 - Nevada Register of Actions, # 12 Exhibit 12 - 8-12-15 Mongtomery Criminal Trial, # 13 Exhibit 13 - Melendres Docket 1223, # 14 Exhibit 14 - W.D. Washington Order re Eviction, # 15 Exhibit 15 - C.D. California Stip to Transfer Montgomery Case, # 16 Exhibit 16 - Mongtomery Letter)(Galler, Jonathan) (Entered: 08/21/2015) 2016-03-10 17:59:53 12044381b2e422274455a846231ef3f9c47ec5e4
18 1 Exhibit 1 - Dennis Montgomery Wiki
18 2 Exhibit 2 - The Register Article
18 3 Exhibit 3 - NY Times Article
18 4 Exhibit 4 - NewsHour Article
18 5 Exhibit 5 - Guardian Article 2016-03-13 07:22:20 c94ba3d96078f2c776d21082326d9af6fdc3603b
18 6 Exhibit 6 - Melendres Docket 1164
18 7 Exhibit 7 - Melendres Docket 1167
18 8 Exhibit 8 - 4-23-15 Transcript
18 9 Exhibit 9 - 4-24-15 Transcript
18 10 Exhibit 10 - Klayman Misrepresentation
18 11 Exhibit 11 - Nevada Register of Actions
18 12 Exhibit 12 - 8-12-15 Mongtomery Criminal Trial
18 13 Exhibit 13 - Melendres Docket 1223
18 14 Exhibit 14 - W.D. Washington Order re Eviction
18 15 Exhibit 15 - C.D. California Stip to Transfer Montgomery Case
18 16 Exhibit 16 - Mongtomery Letter
2015-08-21 19 0 AFFIDAVIT signed by : Joshua Bendor. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:30:14 7f6510b30f8790b54ccfe622304fdc7b1248c5b4
2015-08-21 20 0 AFFIDAVIT signed by : Susan Herman. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:30:17 0d64045b42d34ad9ff5b113c352c0d0162804103
2015-08-21 21 0 AFFIDAVIT signed by : Michael German. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:29:58 71440d588e78a5db541e35f6bd90c34c9d85e4bc
2015-08-21 22 0 AFFIDAVIT signed by : Andre Segura. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:29:55 23510dae81f647fe29e73bebe8a74067acbf15ca
2015-08-21 23 0 AFFIDAVIT signed by : Terence Dougherty. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:29:45 5cec6834bc54e5bd2042d12e52eaaeb4ec00e78e
2015-08-21 24 0 AFFIDAVIT signed by : Cecillia Wang. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:29:36 05c9f7b63ab837bb12e93586df5d142606705b04
2015-08-21 25 0 AFFIDAVIT signed by : Daniel J. Pochoda. re 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by American Civil Liberties Union, JOSHUA BENDOR, POCHADA J. DANIEL, MICHAEL GERMAN, SUSAN N. HERMAN, ANDRE I SEGURA, CECILLIA D. WANG (Galler, Jonathan) (Entered: 08/21/2015) 2015-08-24 01:29:26 62cdbf4bca5ff3a0da5b12a412bf6aaf834ebfa8
2015-09-04 26 0 Consent MOTION for Extension of Time to File Response/Reply/Answer as to 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by DENNIS L. MONTGOMERY. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 09/04/2015) 2015-09-21 23:28:05 ca1259af1d87df899a54a6b32c1c090bd03a8081
26 1 Text of Proposed Order
2015-09-08 27 0 PAPERLESS ORDER. This cause is before the Court on 26 Plaintiff's Consent Motion for Extension of Time. Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ordered and adjudged that the 26 Consent Motion for Extension of Time is granted. Plaintiff has until September 22, 2015, to respond to 18 Defendants' Motion to Dismiss. This extension of time shall not impact any other deadline set by this Court. Signed by Chief Judge K. Michael Moore on 9/8/2015. (mg00) (Entered: 09/08/2015)
2015-09-18 28 0 MOTION for Extension of Time to File Response/Reply/Answer as to 18 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and for Improper Venue by DENNIS L. MONTGOMERY. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 09/18/2015)
28 1 Text of Proposed Order
2015-09-21 29 0 PAPERLESS ORDER. This cause is before the Court on 28 Plaintiff's Motion for Extension of Time. Plaintiff asks for a fourteen-day extension to respond to Defendants' Motion to Dismiss. Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ordered and adjudged that the 28 Motion for Extension of Time is granted in part and denied in part. Plaintiff has until September 28, 2015, to file an opposition. on 9/21/2015. (mg00) (Entered: 09/21/2015)
2015-09-24 30 0 SCHEDULING REPORT - Rule 16.1 by DENNIS L. MONTGOMERY (Attachments: # 1 Exhibit Attachment A)(Klayman, Larry) (Entered: 09/24/2015) 2015-10-09 05:00:49 847391fb51d4656f4de7a4201b6f9acf5a2b5aff
30 1
2015-09-25 31 0 PAPERLESS ORDER. This cause is before the Court on Plaintiff Dennis Montgomery's 30 Scheduling Report. On July 6, 2015, the Court entered a 7 pretrial order requiring the parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurred first. The order cautioned that "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys fees and costs." In violation of the this Court's order, not only is Montgomery's Scheduling Report late, as the deadline to file a report has come and gone without a request for an extension of time by any party, but it is also filed unilaterally and not jointly with the defendants. Accordingly, it is ordered and adjudged that this action is dismissed without prejudice. The Clerk of Court is instructed to close this case. All pending motions, if any, are denied as moot. The parties may move to reopen this matter, as well as any previously filed motions that were mooted as a result of this order, upon the filing of a joint scheduling report. Signed by Chief Judge K. Michael Moore on 9/25/2015. (mg00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 09/25/2015)