Case: DiMaio v. Democratic National Committee

DiMaio v. Democratic National Commitee

COMPLAINT against Democratic National Committee (Filing fee $ 350 receipt number T0455840) filed by Victor DiMaio.(CDA) (Additional attachment(s) added on 4/9/2008: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (CDA). (Entered: 04/09/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Summons issued as to Democratic National Committee. (CDA) (Entered: 04/09/2008)

NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 4/10/2008. (SMB) (Entered: 04/10/2008)

ORDER transferring the case to the Honorable Ralph Lazzara, with his consent. Signed by Judge James S. Moody, Jr on 4/15/2008. (LN) (Entered: 04/15/2008)

Case reassigned to Judge Richard A. Lazzara. New case number: 8:08-cv-672-T-26EAJ. Judge James S. Moody, Jr no longer assigned to the case. (APV)

AMENDED ORDER amending [Dkt. 4] Order transferring case. Signed by Judge James S. Moody, Jr. on 4/17/2008. (SMB) (Entered: 04/17/2008)

NOTICE of Appearance by Katherine Eastmoore Giddings on behalf of Democratic National Committee (Giddings, Katherine) (Entered: 04/18/2008)

COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. Written designation and consent to act by Katherine Eastmoore Giddings on behalf of Democratic National Committee. Local Counsel: Katherine E. Giddings. Non-Resident Counsel:. (Giddings, Katherine) Modified on 4/21/2008 (BSN). (Entered: 04/18/2008)

Unopposed MOTION for Joseph E. Sandler to appear pro hac vice by Democratic National Committee. (Giddings, Katherine) (Entered: 04/21/2008)

ENDORSED ORDER granting 8 Motion for Joseph E. Sandler to Appear Pro Hac Vice. Signed by Judge Richard A. Lazzara on 4/21/2008. (SKH) (Entered: 04/21/2008)

MOTION for summary judgment by Victor DiMaio. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steinberg, Michael) (Entered: 04/29/2008)

1 Exhibit A

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2 Exhibit B

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STATEMENT of undisputed facts by Victor DiMaio.. (Steinberg, Michael) (Entered: 04/29/2008)

MOTION to expedite by Victor DiMaio. (Steinberg, Michael) (Entered: 04/29/2008)

ORDER ATTACHED granting 12 Plaintiff's Motion to Expedite Scheduling of Hearing on Plaintiff's Motion for Summary Judgment. Defendant shall file a response to the Motion for Summary Judgment on or before 5/13/08. Signed by Judge Richard A. Lazzara on 4/29/2008. (DMB) (Entered: 04/29/2008)

NOTICE OF HEARING on 10 Plaintiff's Motion for Summary Judgment. Hearing set for 5/28/2008 at 09:30 AM in Courtroom 15 B before Judge Richard A. Lazzara. (DMB) Modified on 4/29/2008 (DMB). (Entered: 04/29/2008)

Cross MOTION for summary judgment and Memorandum of Law in Support Thereof by Democratic National Committee. (Attachments: # 1 Declaration of Philip McNamara)(Giddings, Katherine) (Entered: 05/01/2008)

1 Declaration of Philip McNamara

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ENDORSED ORDER directing Plaintiff to file a response to Defendant's 15 Cross Motion for Summary Judgment on or before 5/16/08. Signed by Judge Richard A. Lazzara on 5/1/2008. (DMB) (Entered: 05/01/2008)

NOTICE by Democratic National Committee of Filing Motion to Transfer (Giddings, Katherine) (Entered: 05/08/2008)

MOTION to transfer case (similar) by Democratic National Committee. (Giddings, Katherine) (Entered: 05/08/2008)

ORDER ATTACHED denying without prejudice 18 Motion to Transfer Case. Signed by Judge Richard A. Lazzara on 5/8/2008. (SKH) (Entered: 05/08/2008)

RESPONSE in opposition re 10 MOTION for summary judgment and Incorporated Memorandum of Law filed by Democratic National Committee. (Giddings, Katherine) (Entered: 05/13/2008)

RESPONSE re 15 Cross MOTION for summary judgment and Memorandum of Law in Support Thereof filed by Victor DiMaio. (Steinberg, Michael) (Entered: 05/13/2008)

Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 5/28/2008 re 15 Cross MOTION for summary judgment filed by Democratic National Committee, 10 MOTION for summary judgment filed by Victor DiMaio. Court Reporter: Claudia Spangler-Fry (RJC) (Entered: 05/28/2008)

Pursusant to the direction of the Court on the record in the hearing held this date the FINAL ORDER in case 8:07-cv-1552-T-26MAP shall be filed in this case. Entered by Judge Richard A. Lazzara on 5/28/2008. (RJC) (Entered: 05/28/2008)

ORDER ATTACHED denying 10 Plaintiff's Motion for Summary Judgment and granting 15 Defendant's Motion for Summary Judgment. Each party shall bear their own attorney fees and costs. The Clerk is directed to enter judgment for Defendant and against Plaintiff and to close this case. Signed by Judge Richard A. Lazzara on 5/28/2008. (DMB) (Entered: 05/28/2008)

VACATED PURSUANT TO ORDER 40 JUDGMENT in favor of Democratic National Committee against Victor DiMaio (Signed by Deputy Clerk) (EJC) Modified text on 3/18/2009 (JNB). (Entered: 05/29/2008)

NOTICE OF APPEAL as to 24 Order on motion for summary judgment by Victor DiMaio. (Filing fee not paid) (Steinberg, Michael) (Entered: 06/04/2008)

TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 26 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (DG)

USCA appeal fees received $455 receipt number T046490 re 26 Notice of appeal filed by Victor DiMaio (DLV)

TRANSMITTAL to USCA forwarding certified copy of receipt/payment re 26 Notice of appeal USCA number: 08-13241-D. (DLV)

ORDER of USCA (certified copy) appeal is hereby DISMISSED as to 26 Notice of appeal filed by Victor DiMaio. EOD: 07/11/08; USCA number: 08-13241-D. (DLV) (Entered: 07/14/2008)

COURT REPORTER ACKNOWLEDGMENT by Claudia Spangler-Fry re 26 Notice of appeal Estimated transcript filing date: 07/23/08. USCA number: 08-13241-D. (CS) (Entered: 07/23/2008)

TRANSCRIPT of Excerpts of Motion Hearing held on 5/28/08 before Judge Richard A. Lazzara re 26 Notice of appeal. Court Reporter Claudia Spangler-Fry, Telephone number 813/301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Redaction Request due 8/13/2008, Redacted Transcript Deadline set for 8/25/2008, Release of Transcript Restriction set for 10/21/2008. (CS) (Entered: 07/23/2008)

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Claudia Spangler-Fry (CS) (Entered: 07/23/2008)

TRANSCRIPT information form filed for proceedings held on oral recitation of findings to be incorporated as part of court's order before Judge Richard A. Lazzara re 26 Notice of appeal. USCA number: 08-13241-D. (DLV) (Entered: 07/25/2008)

COURT REPORTER ACKNOWLEDGMENT by Claudia Spangler-Fry re 26 Notice of appeal Estimated transcript filing date: 9/8/08. USCA number: 08-13241-D. (CS) (Entered: 08/08/2008)

TRANSCRIPT information form filed by Victor DiMaio for proceedings held on 05/28/08 before Judge Richard A. Lazzara re 26 Notice of appeal. USCA number: 08-13241-D. (DLV) (Entered: 08/08/2008)

TRANSCRIPT of Motion for Summary Judgment held on 5/28/08 before Judge Richard A. Lazzara re 26 Notice of appeal. Court Reporter Claudia Spangler-Fry, Telephone number 813/301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/2/2008, Redacted Transcript Deadline set for 9/12/2008, Release of Transcript Restriction set for 11/10/2008. (CS) (Entered: 08/12/2008)

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Claudia Spangler-Fry (CS) (Entered: 08/12/2008)

NOTIFICATION that transcript has been filed by Claudia Spangler-Fry re: 26 Notice of appeal USCA number: 08-13241-D (CS) (Entered: 08/12/2008)

ORDER of USCA REINSTATE as to 26 Notice of appeal filed by Victor DiMaio. EOD: 07/25/08; USCA number: 08-13241-D. (DLV) (Entered: 08/18/2008)

CERTIFICATE of readiness sent to USCA re: 26 Notice of appeal. ROA consists of: volume of pleadings: 1; volume of transcripts: 2; volume of exhibits: 1 expandable folder of documentary exhibits. USCA number: 08-13241-D (DLV) (Entered: 08/28/2008)

ACKNOWLEDGMENT by USCA of receiving certificate of readiness on 09/02/08 re 26 Notice of appeal. USCA number: 08-13241-D. (DLV)

RECORD on appeal sent to USCA re 26 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 1, volume of transcripts: 2, volume of exhibits: 1 expandable folder of documentary exhibits. USCA number 08-13241-DD (DLV)

ACKNOWLEDGMENT by USCA of receiving record on appeal on 09/26/08 re 26 Notice of appeal. USCA number: 08-13241-DD. (DLV)

TRANSMITTAL to USCA forwarding Volume 1 of Pleadings of Record on Appeal (2nd transmission) with an indexed certified copy of docket sheet re 26 Notice of appeal USCA number: 08-13241-DD. (DLV)

ACKNOWLEDGMENT by USCA of receiving Volume 1 of Pleadings of Record on Appeal (2nd Transmission) on 10/09/08 and certified copy of indexed docket sheet re 26 Notice of appeal. USCA number: 08-13241-DD. (DLV)

MANDATE of USCA (certified copy) appeal DISMISSED, the judgment of the district court is VACATED, and the case is REMANDED with instructions to dismiss the case as moot as to 26 Notice of appeal filed by Victor DiMaio Issued as Mandate: 03/03/09 EOD: 1/30/09. USCA number: 08-13241-DD. (DLV) (Entered: 03/05/2009)

ENDORSED ORDER that upon due consideration of 39 the Mandate and Judgment of the Eleventh Circuit Court of Appeals found at docket 39, it is ordered and adjudged that 25 this Court's judgment found at docket 25 is vacated and this case is dismissed as moot. Signed by Judge Richard A. Lazzara on 3/5/2009. (DMB) (Entered: 03/05/2009)