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									                Case 1:09-cv-00386-SEB-JMS Document 64                            Filed 05/11/09 Page 1 of 29
                                SEVENTH CIRCUIT APPEAL INFORMATION SHEET


       Include names of all plaintiffs (petitioners) and defendants (respondents) who are parties to the appeal. Use
separate sheet if needed.

District:         SOUTHERN INDIANA                                      Docket No.:                    1:09-cv-386-SEB-JMS
Division:         INDIANAPOLIS


                  Plaintiff (Petitioner)                     Short Caption                Defendant (Respondent)
                  LUCILLE IACOVELLI                              V.                     DR. BARRY EPPLEY
---------------------------------------------------------------------------------------------------------------------------------------------
Current Counsel for Plaintiff (Petitioner):                                       Current Counsel for Defendant (Respondent):
                                            (Use separate sheet for additional counsel)


Name:             Lucille Iacovelli                                    Name:             Gary P. Price
Firm:             PRO SE                                               Firm:             LEWIS & KAPPES
Address:          3 Deer Hollow Road                                   Address:          One American Square
                  Forestdale MA 02644                                                    Suite 2500
Phone:                                                                                   Indianapolis IN 46282
                                                                       Phone:            317-639-1210
---------------------------------------------------------------------------------------------------------------------------------------------
Judge:                     Sarah Evans Barker                         Nature of Suit Code:                        320
Court Reporter:            LAURA HOWIE-WALTERS                        Date Filed in District Court:               3/30/09
                           (Supervising)                              Date of Judgment:                           4/17/09
                           217 U.S. COURTHOUSE                        EOD:                                        4/17/09
                           INDIANAPOLIS, IN 46204                     Date of Notice of Appeal:                   5/7/09
                           (317) 632-3422
Counsel: Appointed Retained                 X Pro Se
Fee Status:        Paid     Due      IFP      X IFP Pending                U.S.     Waived
                                             (Please mark only 1 item above)
Has Docketing Statement been filed with the District Court's Clerk's Office:                        X Yes                No
Was certificate of Appealability: granted; denied;             pending; X N/A
If certificate of Appealability was granted or denied, what is the date of the order:
If Defendant is in Federal custody, please provide United States Marshal number (USM#):

IMPORTANT: THIS FORM IS TO ACCOMPANY THE SHORT RECORD SENT TO THE CLERK OF THE
U.S. COURT OF APPEALS PURSUANT TO CIRCUIT RULE 3(a).
           Case 1:09-cv-00386-SEB-JMS Document 64   Filed 05/11/09 Page 2 of 29
Joseph Peter Rompala
LEWIS & KAPPES
One American Square
Suite 2500
Indpls IN 46282
317-285-8035

Todd Arthur Richardson
LEWIS & KAPPES
One American Square
Suite 2500
Indpls IN 46282
317-639-1210
             Case 1:09-cv-00386-SEB-JMS Document 64                Filed 05/11/09 Page 3 of 29
                                     UNITED STATES DISTRICT COURT
                                         Southern District of Indiana
                                             Office of the Clerk

105 U.S. COURTHOUSE                                                                LAURA A. BRIGGS
46 EAST OHIO STREET                                                                CLERK OF COURT
INDIANAPOLIS, IN 46204                                                             (317) 229-3700

                                                   May 11, 2009
Lucille Iacovelli
PRO SE
3 Deer Hollow Road
Forestdale MA 02644

Gary P. Price
LEWIS & KAPPES
One American Square
Suite 2500
Indianapolis IN 46282

RE: LUCILLE IACOVELLI V. DR. BARRY EPPLEY

CAUSE NO: 1:09-cv-386-SEB-JMS


Dear Appellant and Appellee:

       Please be advised that the Notice of Appeal received in our office has been forwarded to the U.S. Court of
Appeals for the Seventh Circuit for docketing. You will be advised of the cause number assigned to this matter by the
Court of Appeals.

        Enclosed please find copies of Local Rule 76.1 and Circuit Rule 10 for your review. I have also included a
copy of the docket sheet for your reference in the preparation of the designation record. You shall circle the docket
numbers of those documents which you wish to be included in the appellate record and attach the docket sheet as an
exhibit to your DESIGNATION OF RECORD to be filed with this office. Please comply with the provisions of FRCP
5 pertaining to service when filing your designation.

    If you have any questions, please do not hesitate to contact our office. Thank you for your cooperation.


                                                    Sincerely,

                                                    LAURA A BRIGGS
                                                    CLERK

                                                    By Cindy Urich
                                                    (317) 229-3920
               Case 1:09-cv-00386-SEB-JMS Document 64                        Filed 05/11/09 Page 4 of 29
General Rules                                                                                                                  S. Ind
                                                                                                                              LR76.1

                                                   Local Rule 76.1
                         Designation of Additional Items to Be Included in Record on Appeal

         If an appellant wishes to designate items to be included in the record on appeal pursuant to Circuit Rule 10(a),
it shall serve a proposed joint designation on the appellee with the notice of appeal. The parties shall confer and, if they
agree, shall prepare a joint designation, highlighting those entries on the Court's docket sheet, if practicable, and file
it with the clerk of the district court within ten days of the filing of the notice of appeal.
         If the parties are unable to reach agreement on a joint designation, each party may submit a separate designation
within ten days of the filing of the notice of appeal.

                                                                                                                              7th Circuit
                                                                                                                              Cir. R. 10
                             CIRCUIT RULE 10. Time for filing record in District Court Appeals

         The clerk of the district court shall prepare within 14 days of the filing the notice of appeal the original papers,
transcripts filed in the district court, and exhibits received or offered in evidence (with the exceptions listed below). Counsel
must ensure that exhibits to be included in the record which are not in the possession of the district court clerk are furnished
to the clerk within ten days after the filing of the notice of appeal. Appellate records from the Eastern Division of the Northern
District of Illinois are to be transmitted to the court of appeals when prepared. Prepared appellate records from all other courts
in the circuit are to be temporarily retained by the district court clerk's office pursuant to Rule 11(c). Fed. R. App. P. Rule 11(c)
certification is not required. After the appeal is ready for scheduling for oral argument or submission, the clerk of the court
of appeals will notify the district court clerk to transmit the record to the court of appeals. The parties may agree or the court
of appeals may order that the record be sent to the clerk of the court of appeals at an earlier time. But in no event shall the
clerk of the district court transmit bulky items, currency, securities, liquids, drugs, weapons, or similar items without a specific
order of this court. The following items will not be included in a record unless specifically requested by a party by item and
date of filing within ten days after the notice of appeal is filed or unless specifically ordered by this court:

                          brief and memoranda
                          notices of filings
                          subpoenas
                          summonses
                          motions to extend time
                          affidavits and admissions of service and mailing
                          notices of settings
                          depositions and notices, and
                          jury lists

When trial or hearing transcripts, or other parts of the records, are filed with the clerk of the district court (or exhibits that have
been retained in the district court for use in preparation of the transcript are returned to the clerk) after initial transmission of
the record, they shall be immediately transmitted to this court and filed as a supplemental record without the requirement of
this court's order. This immediate transmission meets the requirement of Rule 11(b), Fed. R. App. P., that the court reporter
notify the clerk of the court of appeals that the transcript has been filed with the clerk of the district court. A motion to correct
or modify the record pursuant to Rule 10(e), Fed. R. App. P., or a motion to strike matter from the record on the ground that
it is not properly a part thereof, shall be presented first to the district court. That court's order ruling on the motion will be
transmitted to this court as part of the record.
Case 1:09-cv-00386-SEB-JMS Document 64   Filed 05/11/09 Page 5 of 29
     Case 1:09-cv-00386-SEB-JMS Document 64                Filed 05/11/09 Page 6 of 29



                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF INDIANA
                                INDIANAPOLIS DIVISION


DR. BARRY EPPLEY, MD, DMD                       )
                                                )
                Plaintiff,                      )
                                                )        1:09-cv-386-SEB-JMS
         vs.                                    )
                                                )
LUCILLE IACOVELLI,                              )
                                                )
                Defendant.                      )


                  ENTRY GRANTING PRELIMINARY INJUNCTION

         This cause is before the Court on the Motion for Preliminary Injunction [Docket

No. 12], filed by Plaintiff, Dr. Barry Eppley (“Dr. Eppley”) on March 31, 2009.

Following notice to the parties, a hearing was held to address the merits of the motion on

April 17, 2009, at 2:00 p.m. The Court, having considered the Plaintiff’s unopposed

motion for preliminary injunction and all proceedings relating to such motion, and being

duly advised, now finds that such motion should be GRANTED. A separate and specific

document consisting of the Preliminary Injunction is being issued concurrent with this

Entry.



                                     Factual Background

         Plaintiff, Dr. Eppley, is a Board certified plastic surgeon practicing in Indianapolis,

Indiana. Defendant, Lucille Iacovelli, is an individual residing in Massachusetts. On

April 18, 2001, Dr. Eppley performed a revision facelift procedure on Ms. Iacovelli in
     Case 1:09-cv-00386-SEB-JMS Document 64                 Filed 05/11/09 Page 7 of 29



Indianapolis. Dr. Eppley had performed similar surgeries on many previous occasions,

and, according to him, Ms. Iacovelli’s procedure culminated successfully and without

error. Dr. Eppley also states that recovery was similarly successful and typical, apart

from her behavior toward Dr. Eppley.1 Following the surgery, Ms. Iacovelli nonetheless

began complaining of pain, difficulty breathing, ringing in the ears, and restricted

movement around the jaw. Ms. Iacovelli has since been examined by other doctors, who

have consistently found no surgery-related abnormalities that would lead to these

symptoms.

       Dr. Eppley attempted for nearly a year to address Ms. Iacovelli’s problems,2 but in

response Ms. Iacovelli began to send threatening emails and letters to Dr. Eppley at his

home and business. She further began to publish numerous web pages and videos

accusing Dr. Eppley of causing her ailments. She continues to engage in these postings,

       1
         Furthermore, Dr. Eppley has presented evidence demonstrating that no ailment similar to
the one claimed by Ms. Iacovelli has ever been recorded in scientific literature related to plastic
surgery. He has introduced further evidence indicating that this ailment was nearly an
impossible result of the facelift surgery performed, and that if such a problem had occurred, her
condition would have improved, not deteriorated, over time. Dr. Eppley offers this evidence as
an expert. Dr. Eppley graduated from the University of Pennsylvania Dental School and the
Washington University in St. Louis Medical School, where his focus was in oral/maxiofacial
surgery. He worked as an assistant professor, and then tenured professor, at the Indiana
University Medical School for over a decade. While there, He was a practicing plastic surgeon,
and a principal in the cleft lip program at Riley Hospital. Since 2006, he has been in private
practice in his own business, which has locations in the professional office buildings near
Clarian North Hospital in Carmel, Indiana, and Clarian West Hospital in Avon, Indiana. He has
published 250 professional peer-reviewed articles, 35 book chapters, and two textbooks. He has
held private and National Institute of Health grants, and holds nine U.S. and international
patents. Dr. Eppley is Board Certified in plastic surgery and maxiofacial surgery.
       2
        His attempts included numerous calls and emails, in which he sought to communicate
with her about addressing the problems that she perceived.

                                                2
     Case 1:09-cv-00386-SEB-JMS Document 64                  Filed 05/11/09 Page 8 of 29



which, upon the record before the Court, appear to be false.3

       On March 19, 2009, Dr. Eppley received an email in which Ms. Iacovelli

announced that she planned to commit suicide on April 18, 2009, the eighth anniversary

of her surgery. She threatened that she intended to stage her suicide in such a way that it

would “destroy” Dr. Eppley. She has subsequently sent emails counting down the days to

April 18 and her planned suicide. She has further communicated to him her intent to

publicize her suicide in an attempt to further associate her troubles with him and “set the

record straight.” See Exhibit 25 [Email from Iacovelli to Eppley] at 6.

       In response to the suicide threat, Dr. Eppley alerted the mental health authorities in

Massachusetts.4 He also commenced this action on March 30, 2009.

       Dr. Eppley testified that without the entry of a preliminary injunction he will

continue to suffer irreparable harm in the form of diminished earnings, increased expense

relating to efforts to negate the effect of false, defamatory email and internet

transmissions and postings by the Defendant and her agents, and in injury to his

professional standing and reputation. In addition, he will continue to suffer emotional

effects from the unfounded, unjustified, unfair attacks on his standing in the community.




       3
        Dr. Eppley testified at length about the falsity of these statements.
       4
         Dr. Eppley testified that he contacted Massachusetts public health officials solely for the
purpose of informing them of a potential suicide threat. He did not request that those officials
take Ms. Iacovelli into custody involuntarily, nor did he make any other requests of those
officials. He likewise had no control over whether and how such officials would respond to the
information.

                                                 3
      Case 1:09-cv-00386-SEB-JMS Document 64               Filed 05/11/09 Page 9 of 29



                                        Legal Analyis

I.     Standard of Review

       A party seeking a preliminary injunction must establish: (1) that he is likely to

succeed on the merits; (2) that he is likely to suffer irreparable harm in the absence of

preliminary relief; (3) that the balance of equities tips in his favor; and (4) that an

injunction is in the public interest. See Winter v. Natural Resources Defense Council,

Inc., 129 S.Ct. 365, - - U.S. - - (2008) (holding that irreparable harm must be “likely,” not

merely “possible”). “If the moving party meets this threshold burden, the district court

weighs the factors against one another in a sliding scale analysis . . . which is to say the

district court must exercise its discretion to determine whether the balance of harms

weighs in favor of the moving party or whether the nonmoving party or public interest

will be harmed sufficiently that the injunction should be denied.” Coronado v.

Valleyview Public School Dist. 365-U, 537 F.3d 791, 794-95 (7th Cir. 2008) (citing

Christian Legal Soc’y v. Walker, 453 F.3d 853, 859 (7th Cir. 2006)).



II.    Discussion

A.     Likelihood of Success on the Merits

       Dr. Eppley contends that Ms. Iacovelli is in violation of numerous statutes, state

and federal, as well as state law torts. We address the likelihood of success on the merits

of those claims below:

       First, Dr. Eppley argues that Ms. Iacovelli has violated 47 U.S.C. § 223(a)(1)(E),

                                               4
     Case 1:09-cv-00386-SEB-JMS Document 64               Filed 05/11/09 Page 10 of 29



which prohibits repetitious harassing communications. The allegations thus far leveled

against Ms. Iacovelli, and the evidence supporting those allegations, demonstrate that Ms.

Iacovelli has likely violated 47 U.S.C. § 223(a)(1)(E). This law is applicable so long as

prohibiting the speech in question does not violate the First Amendment (in which case,

the statute is unconstitutional as applied). See United States v. Popa, 187 F.3d 672 (D.C.

Cir. 1999). As explained, supra, Ms. Iacovelli’s speech is of low constitutional value

because it is marked by falsehood and may be commercial in character. Therefore, it is

afforded minimal First Amendment protection, and does not stand as a bar to Dr.

Eppley’s likely success on his claim under this statute.5

       Dr. Eppley also contends that Ms. Iacovelli is in violation of 18 U.S.C. § 875(d),

which prohibits efforts to extort money or other things of value by threat to reputation.

As the record before the Court demonstrates, Ms. Iacovelli and her associates have

threatened to use pressure from internet and media publicity to coerce a settlement from

Dr. Eppley. Based on this showing, Dr. Eppley is likely to succeed on this claim as well.

       Dr. Eppley also brings a claim under Indiana Code § 35-45-10-1, which prohibits

stalking and harassment. Because Ms. Iacovelli has engaged in a pattern of harassment

directed at Dr. Eppley, and, because her statements are not constitutionally protected, her

actions fit into the statutory definition of “stalk.” Thus, Dr. Eppley is likely to succeed on



       5
         Eppley brings a separate but similar state law claim under Indiana Code § 35-45-2-2(a),
which also prohibits harassing communications. His claim is likely to succeed under this statute
for the same reasons.

                                               5
    Case 1:09-cv-00386-SEB-JMS Document 64                 Filed 05/11/09 Page 11 of 29



this claim as well.

       Dr. Eppley also argues that Ms. Iacovelli has committed the tort of “false light.”

Under Indiana law,

       One who gives publicity to a matter concerning another that places the other
       before the public in a false light is subject to liability to the other for invasion
       of privacy, if (a) the false light in which the other was placed would be highly
       offensive to a reasonable person, and (b) the actor had knowledge of or acted
       in reckless disregard as to the falsity of the publicized matter and the false light
       in which the other would be placed.

Lovings v. Thomas, 805 N.E.2d 442 (Ind. Ct. App. 2004). The record before the Court

demonstrates that Ms. Iacovelli has made numerous false and offensive statements about

Dr. Eppley on public websites. Based on this showing, Dr. Eppley is likely to succeed on

the merits of his false light claim against Ms. Iacovelli.

       Dr. Eppley also brings a claim under trademark law, alleging that, having

registered his name with the U.S. Trademark Office, “Dr. Eppley has established

trademark rights in his name,” and Ms. Iacovelli’s use of his name in a misleading way in

an effort to drive trade away from him and enhance her own fame violates the Lanham

Act, 15 U.S.C. § 1125(a). Dr. Eppley has completed the registration procedures

necessary to establish his business name (which is also his personal name) as a trademark

under 15 U.S.C. § 1063(b), and that registration has been approved. Dr. Eppley received

formal notification that he held a trademark in the mark “Dr. Barry Eppley” on January

26, 2009. Furthermore, Ms. Iacovelli’s actions likely constitute a violation of this statute,

which prohibits “false or misleading representation[s] of fact” relating to a name used in


                                                6
    Case 1:09-cv-00386-SEB-JMS Document 64              Filed 05/11/09 Page 12 of 29



commerce. 15 U.S.C. § 1125(a). Therefore, Dr. is also likely to succeed on his

trademark claim as well.



1. First Amendment Issues

       The likelihood that Dr. Eppley will succeed on the merits of his claims depends, to

a large extent, on First Amendment issues. If prohibiting Ms. Iacovelli’s speech, broadly

defined, will run afoul of the First Amendment, then he cannot succeed on his claims

under 47 U.S.C. § 223(a)(1)(E), Indiana Code § 35-45-2-2(a), and Indiana Code § 35-45-

10-1. Furthermore, First Amendment issues play a significant role in the Court’s decision

to preliminarily enjoin Ms. Iacovelli’s speech. We therefore address the nature of her

speech, and the protection afforded it, as it relates to Dr. Eppley’s claims and the issuance

of an injunction.

       Courts must proceed cautiously when asked to enjoin speech. “In determining the

extent of the constitutional protection [of the First Amendment], it has been generally, if

not universally, considered that it is the chief purpose of the guaranty to prevent previous

restraints upon publication.” Near v. Minnesota, 283 U.S. 697, 713 (1931). Moreover, it

is universally accepted that the First Amendment guarantees of free speech protect

equally as well against injunctions by courts as well as legislative restraints. CBS v.

Davis, 510 U.S. 1315 (1994).

       However, not all speech is afforded the same protection under the First

Amendment. Specifically, there is “no constitutional value in false statements of fact.”

                                              7
    Case 1:09-cv-00386-SEB-JMS Document 64               Filed 05/11/09 Page 13 of 29



Gertz v. Robert Welch, Inc., 418 U.S. 323, 338 (1974); see also Air Lines Pilots Ass’n,

Intern. v. Dept. of Aviation of City of Chicago, 1993 WL 462834 (N.D. Ill. 1993) (“That

defamatory speech is entitled to only limited protection under the First Amendment is

well-known hornbook law.”).6 In this case, Dr. Eppley’s claims focus on the falsity and

harassment inherent in Ms. Iacovelli’s statements. The record before the Court

demonstrates that Ms. Iacovelli and her associates, through their publicity campaign, have

made many public, intentionally misleading statements. Intentional lies do not materially

advance society’s interest in “uninhibited, robust, and wide-open” debate on public

issues. New York Times Co. v. Sullivan, 376 U.S. 254, 265 (1964). Falsehoods belong

to that category of utterances that “are no essential part of any exposition of ideas, and are

of such slight social value as a step to truth that any benefit that may be derived from

them is clearly outweighed by the social interest in order and morality.” Chaplinsky v.

New Hampshire, 315 U.S. 568, 572 (1942). Thus, such statements are afforded limited

First Amendment protection.

       Given the lesser First Amendment protection afforded statements like those made

by Ms. Iacovelli, enjoining her from continuing to make such statements does not run

afoul of the Constitution. As Indiana courts have held, when the speech enjoined is of

lesser constitutional value because it is false and defamatory, and the injunction operates

to address specifically that speech, the injunction passes constitutional muster under the


       6
        Furthermore, “speech on matters of purely private concern is of less First Amendment
concern.” Carey v. Brown, 447 U.S. 455, 467 (1980).

                                              8
     Case 1:09-cv-00386-SEB-JMS Document 64                Filed 05/11/09 Page 14 of 29



First Amendment. See Barlow v. Sipes, 744 N.E.2d 1, 10 (Ind.Ct.App. 2001).

Furthermore, when a defendant has engaged in an intentional “smear campaign” through

defamatory internet publications, injunctive relief is proper. International Profit

Associates, Inc. v. Paisola, 461 F.Supp.2d 672 (N.D.Ill. 2006) (“[I]t does not violate the

principles of the First Amendment to enjoin defendants from continuing to include certain

information on their website that is, on the record before the Court, demonstrably false

and defamatory, and that [Plaintiff] has shown will cause it irreparable harm and against

which it has no adequate remedy at law.”)

       Thus, in the case at bar, the First Amendment does not diminish the likelihood that

Dr. Eppley will succeed on the merits of his claims, nor does it preclude equitable relief

in the form of an injunction.



B.     Balance of Harms

       Ms. Iacovelli’s efforts to “destroy” Dr. Eppley threaten to inflict irreparable harm

to him. By directly associating her allegedly failed surgery with his business and person,

the resultant damage to his reputation would likely be permanent. According to Dr.

Eppley, he will also continue to suffer great and irreparable economic harm, and any post-

infliction measures would not suffice to overcome the publicity.7 Although Ms.

       7
        Dr. Eppley testified that many of his patients have inquired about information they
acquired from the websites created by Ms. Iacovelli and her associates. According to Dr.
Eppley, patients and prospective patients cancel consultations and surgeries with him every
month because of information they have received on websites created by Ms. Iacovelli and her
                                                                                    (continued...)

                                                9
     Case 1:09-cv-00386-SEB-JMS Document 64              Filed 05/11/09 Page 15 of 29



Iacovelli’s ability to create publicity will be diminished, under the scope of the injunction,

the only harm that will be done to her is the prevention of publicizing her defamatory

statements and planned suicide in connection with Dr. Eppley’s name. We conclude that

the balance of harms favors Dr. Eppley.



C.     Public Interest

       In large part, the public interest implicated in the case at bar is summarized in the

First Amendment discussion above. Iacovelli’s false statements do not materially

advance society’s interest in “uninhibited, robust, and wide-open” debate on public

issues. New York Times Co., 376 U.S. at 265. Furthermore, Iacovelli’s plan to publicize

her suicide in an effort to defame Plaintiff is harmful and contrary to the public interest.

Public policy therefore favors the issuance of an injunction.



D. Construction of the Injunction

       The wording of a preliminary injunction is central to achieving its effect, for it is

only through its wording that the parties (and others, if affected) will be on notice as to

what conduct is enjoined or compelled.

       Rule 65(d) of the Federal Rules of Civil Procedure requires that the injunction
       set “forth the reasons for its issuance; . . . be specific in terms; . . . [and]
       describe in reasonable detail, and not by reference to the complaint or other


       7
        (...continued)
associates.

                                              10
       Case 1:09-cv-00386-SEB-JMS Document 64              Filed 05/11/09 Page 16 of 29



        document, the act or acts sought to be restrained.” See also Marseilles Hydro
        Power, LLC v. Marseilles Land and Water Co., 299 F.3d 643, 646 (7th Cir.
        2002) (stating that any injunction issued by a federal district court must be
        detailed and specific to ensure proper enforcement through contempt
        proceedings or otherwise); PMC, Inc. v. Sherwin-Williams Co., 151 F.3d 610,
        619 (7th Cir. 1998) (finding that an injunction must “be precise and self-
        contained, so that a person subject to it who reads it and nothing else has a
        sufficiently clear and exact knowledge of the duties it imposes on him that if
        he violates it he can be adjudged guilty of criminal contempt”). This
        requirement of specificity spares courts and litigants from struggling over an
        injunction's scope and meaning by informing those who are enjoined of “the
        specific conduct regulated by the injunction and subject to contempt.”
        Marseilles Hydro Power, 299 F.3d at 647 (citing Consumers Gas & Oil, Inc.
        v. Farmland Indus., Inc., 84 F.3d 367, 371 (10th Cir. 1996)); Hispanics United
        of DuPage County v. Village of Addison, 248 F.3d 617, 620 (7th Cir. 2001).

Patriot Homes, Inc. v. Forest River Housing, Inc., 512 F.3d 412, 414-15 (7th Cir. 2008).8



III.    Conclusion

        For all of the foregoing reasons, Plaintiff’s Motion for Preliminary Injunction is

GRANTED. A separate and specific injunction order shall be issued accordingly.

IT IS SO ORDERED.

       04/17/2009
Date: _________________
                                                           _______________________________
Copies to:
                                                            SARAH EVANS BARKER, JUDGE
                                                            United States District Court
Gary P. Price                                               Southern District of Indiana

LEWIS & KAPPES
gprice@lewis-kappes.com




        8
        Furthermore, Defendant will not suffer any undue financial hardship as a result of the
Preliminary Injunction, and therefore no security is required from Plaintiff.

                                               11
    Case 1:09-cv-00386-SEB-JMS Document 64   Filed 05/11/09 Page 17 of 29



Todd Arthur Richardson
LEWIS & KAPPES
trichardson@lewis-kappes.com

Joseph Peter Rompala
LEWIS & KAPPES
jrompala@lewis-kappes.com

LUCILLE IACOVELLI
3 Deer Hollow Road
Forestdale, MA 02644




                                   12
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CM/ECF LIVE                                                                         Page 1 of 9
      Case 1:09-cv-00386-SEB-JMS Document 64              Filed 05/11/09 Page 21 of 29




                                                                                 APPEAL, PROSE

                                 U.S. District Court
                      Southern District of Indiana (Indianapolis)
                CIVIL DOCKET FOR CASE #: 1:09-cv-00386-SEB-JMS
                                 Internal Use Only


EPPLEY, MD, DMD v. IACOVELLI                               Date Filed: 03/30/2009
Assigned to: Judge Sarah Evans Barker                      Jury Demand: None
Referred to: Judge Jane Magnus-Stinson                     Nature of Suit: 320 Assault Libel &
Cause: 28:1332 Diversity-Libel,Assault,Slander             Slander
                                                           Jurisdiction: Diversity
Plaintiff
DR. BARRY EPPLEY, MD, DMD                   represented by Gary P. Price
                                                           LEWIS & KAPPES
                                                           One American Square
                                                           Suite 2500
                                                           Indianapolis , IN 46282
                                                           (317)639-1210
                                                           Fax: (317)639-4882
                                                           Email: gprice@lewis-kappes.com
                                                           ATTORNEY TO BE NOTICED

                                                           Joseph Peter Rompala
                                                           LEWIS & KAPPES
                                                           One American Square
                                                           Suite 2500
                                                           Indianapolis , IN 46282
                                                           (317) 285-8035
                                                           Email: jrompala@lewis-kappes.com
                                                           ATTORNEY TO BE NOTICED

                                                           Todd Arthur Richardson
                                                           LEWIS & KAPPES
                                                           One American Square
                                                           Suite 2500
                                                           Indianapolis , IN 46282
                                                           (317)639-1210
                                                           Fax: (317)639-4882
                                                           Email: trichardson@lewis-kappes.com
                                                           ATTORNEY TO BE NOTICED


V.
Defendant




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LUCILLE IACOVELLI                              represented by LUCILLE IACOVELLI
                                                              3 Deer Hollow Road
                                                              Forestdale, MA 02644
                                                              PRO SE


 Date Filed         #       Docket Text
 03/30/2009             1   COMPLAINT against LUCILLE IACOVELLI, filed by DR. BARRY
                            EPPLEY, MD, DMD. (Attachments: # 1 Exhibit 1- Frightening Facts
                            Article, # 2 Exhibit 2- Confirmation Bias & Attribution Error Page, # 3
                            Exhibit 3- Extreme Measures Necessary to Survive, # 4 Exhibit 4- Barry
                            Eppley: Cosmetic Surgery's Unscrupulous Smooth Operator Article, # 5
                            Exhibit 5- YouTube Videos, # 6 Exhibit 6- Lucille's Videos on Vimeo, # 7
                            Exhibit 7- Facelift Journey From Health to Hell Video, # 8 Exhibit 8-
                            Description of Before the Facelift Journey From Health to Hell Video, # 9
                            Exhibit 9- Dr. Barry Eppley Omitted Essential Part of My Operation, # 10
                            Exhibit 10- Pages from Cosmetic Surgery Dark Side Webiste, # 11
                            Exhibit 11- Post to www.Cosmeticsurgeryuglyside.com by Lucille, # 12
                            Exhibit 12- Luciacovelli's Weblog, # 13 Exhibit 13- Fax from Lucielle
                            Iacovelli on April 25, 2007, # 14 Exhibit 14- Email from Lucille Iacovelli
                            dated 2/3/2008, # 15 Exhibit 15- Email from veritas@switched.com dated
                            9/23/2008, # 16 Exhibit 16- Email from Lucille Iacovelli dated 2/12/2009,
                            # 17 Exhibit 17- Email from Lucille Iacovelli dated 2/14/2009, # 18
                            Exhibit 18- Email to Andrea from Lucille, # 19 Exhibit 19- Email from
                            Lucille Iacovelli dated 3/18/2009, # 20 Exhibit 20- Email from Lucille
                            Iacovelli dated 3/19/2009, # 21 Exhibit Email from Lucille Iacovelli dated
                            3/20/2009, # 22 Exhibit Email from Lucille Iacovelli dated 3/21/2009, #
                            23 Exhibit 23- Posts to www.ComesticSurgeryUglySide.com by Lucille, #
                            24 Exhibit 24- Posts to www.plasticdisaster.wordpress.com by Lucielle, #
                            25 Exhibit 25- Post to CosmeticSurgeryUglySide.com by Lucille, # 26
                            Exhibit 26- Post to www.lucilleiacovelli.blogspot.com, # 27 Exhibit 27-
                            Post to www.lucilleiacovelli.blogspot.com, # 28 Exhibit 28- Post to
                            www.luciavovelli.livejournal.com dated 2/14/2009, # 29 Exhibit 29- Dr.
                            Eppley plays 'Blame the Vcitim' Article)(JD) (Entered: 03/30/2009)
 03/30/2009             2   CIVIL COVER SHEET, filed by Plaintiff DR. BARRY EPPLEY, MD,
                            DMD. (JD) (Entered: 03/30/2009)
 03/30/2009             3   RECEIPT #IP011855 in the amount of $ 350.00 (JD) (Entered:
                            03/30/2009)
 03/30/2009             4   Summons Issued as to LUCILLE IACOVELLI. (JD) (Entered:
                            03/30/2009)
 03/30/2009             5   NOTICE of Appearance by Joseph Peter Rompala on behalf of Plaintiff
                            DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
 03/30/2009             6   NOTICE of Appearance by Gary P. Price on behalf of Plaintiff DR.
                            BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
 03/30/2009             7   NOTICE of Appearance by Todd Arthur Richardson on behalf of Plaintiff




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                           DR. BARRY EPPLEY, MD, DMD. (JD) (Entered: 03/30/2009)
 03/30/2009            8   MAGISTRATE JUDGE's NOTICE of Availability to Exercise
                           Jurisdiction issued. (JD) (Entered: 03/30/2009)
 03/30/2009            9   MOTION for Temporary Restraining Order, filed by Plaintiff DR.
                           BARRY EPPLEY, MD, DMD. (Attachments: # 1 Text of Proposed
                           Order)(JD) (Entered: 03/30/2009)
 03/30/2009           10   BRIEF in Support re 9 MOTION for Temporary Restraining Order, filed
                           by Plaintiff DR. BARRY EPPLEY, MD, DMD. (JD) (Entered:
                           03/30/2009)
 03/30/2009           11   ORDER granting 9 Plaintiff's Motion for Temporary Restraining Order.
                           Show Cause Hearing set for 4/7/2009 at 02:30 PM in room #216 before
                           Judge Sarah Evans Barker at which Defendant shall appear and show
                           cause why a preliminary injunction should not be issued to preliminarily
                           enjoin her, and those acting in active concert with her during the pendency
                           of this action. Signed by Judge Sarah Evans Barker on 3/30/2009. (PGS)
                           (Entered: 03/30/2009)
 03/30/2009           13   Minute Entry for proceedings held before Judge Sarah Evans Barker: In
                           Chambers Conference held on 3/30/2009. The Court convened in
                           chambers to consider the request of Plaintiffs counsel that a Temporary
                           Restraining Order issue in accordance with their written submissions and,
                           being duly advised, the Court granted their request and entered a
                           Temporary Restraining Order without notice, pursuant to Fed R. Civ. P.
                           65(b)(1). (MAC) (Entered: 04/01/2009)
 03/31/2009           12   MOTION for Preliminary Injunction, filed by Plaintiff DR. BARRY
                           EPPLEY, MD, DMD. (Rompala, Joseph) (Entered: 03/31/2009)
 04/03/2009           14   NOTICE of Filing of Affidavit of Counsel Regarding Notice and Service
                           by DR. BARRY EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Fax
                           from Todd Richardson to Steve Jochim, # 2 Exhibit B - Email from Todd
                           Richardson to Steven Jochim, # 3 Exhibit C - Email from Todd
                           Richardson to Lucille Iacovelli, # 4 Exhibit D - Email from Lucille
                           Iacovelli to Todd Richardson, # 5 Exhibit E - Email from Todd
                           Richardson to Lucille Iacovelli, # 6 Exhibit F - Email from Todd
                           Richardson to Rich Bergeron, # 7 Exhibit G - Letter from Joseph Rompala
                           to Rich Bergeron, # 8 Exhibit H - Email from Rich Bergeron to Todd
                           Richardson, # 9 Exhibit I - Email from Todd Richardson to Dylan McFan,
                           # 10 Exhibit J - Letter from Todd Richardson to Erika Hahn, # 11 Exhibit
                           K - Summons to Lucille Iacovelli, # 12 Exhibit L - Copy of Webpage
                           "Losing Face", # 13 Exhibit M - Copy of Webpage from Blogspot.com, #
                           14 Exhibit N - Copy of Webpages from Fundable.com) (Rompala, Joseph)
                           (Entered: 04/03/2009)
 04/06/2009           15   Letter from Lucille Iacovelli received by fax concerning telephonic
                           appearance at the hearing set for 4/7/09. (MAC) (Entered: 04/06/2009)
 04/06/2009           16   AFFIDAVIT Second of Counsel by DR. BARRY EPPLEY, MD, DMD.
                           (Attachments: # 1 Exhibit Exhibit A - Email from Rich Bergeron to Todd




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                           Richardson, # 2 Exhibit Exhibit B - E-mail from Rich Bergeron to Todd
                           Richardson, # 3 Exhibit Exhibit C - Copy of Webpage from
                           www.eppleyplasticsurgerysucks.com, # 4 Exhibit Exhibit D - Copy of
                           Webpage - lucilleiacovelli.blogspot.com, # 5 Exhibit Exhibit E - E-mail
                           from B. Eppley to Todd Richardson, # 6 Exhibit Exhibit F - E-mail from
                           info@owndoc.com to Lucille, # 7 Exhibit Exhibit G - E-mail from
                           info@owndoc.com to P. Kappes)(Rompala, Joseph) (Entered:
                           04/06/2009)
 04/06/2009           17   MOTION to Prohibit Non-Lawyer From Engaging in Unauthorized
                           Practice of Law, filed by Plaintiff DR. BARRY EPPLEY, MD, DMD.
                           (Rompala, Joseph) (Entered: 04/06/2009)
 04/06/2009           18   MOTION For Order to Show Cause Why Defendant And Those in Active
                           Concert and Participation With Her Should Not Be Held In Contempt,
                           filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph)
                           (Entered: 04/06/2009)
 04/06/2009           19   ORDER Granting in part and Denying in part requests made by Defendant
                           in pro se letter to Court. Signed by Judge Sarah Evans Barker on
                           4/6/2009.(PGS) (Entered: 04/06/2009)
 04/08/2009           20   ENTRY Directing Clerk to file the E-mail communication from Frank A.
                           de Groot sent to the Court's Courtroom deputy and cause it to be placed
                           on the Court's docket with an appropriate docket entry cm. Signed by
                           Judge Sarah Evans Barker on 4/8/2009.(MAC) (Entered: 04/08/2009)
 04/08/2009           21   Submission of E-mail communication from Frank A. de Groot sent to the
                           Court's Courtroom deputy received 4/7/09.(MAC) (Entered: 04/08/2009)
 04/08/2009           22   ORDER Continuing previously issued Temporary Restraining Order to
                           4/17/09. Minute Order for proceedings held before Judge Sarah Evans
                           Barker: Evidentiary Hearing held on 4/8/2009; granting 17 Motion to
                           prohibit non-lawyer from engaging in the unauthorized practice of law;
                           taking under advisement 18 Motion for Order to Show Cause why
                           defendant and those acting in concert with her should not be held in
                           contempt of Court. Evidentiary Hearing on plaintiff's Motion for
                           Preliminary Injunction set for 4/17/2009 02:00 PM in room #216 before
                           Judge Sarah Evans Barker (See Order) (Court Reporter Laura Howie-
                           Walters.)(MAC) (Entered: 04/08/2009)
 04/09/2009           23   ORDER Regarding Documents received via email from Richard
                           Bergeron; The Clerks Office is instructed to accept said documents for
                           filing with the Court and cause each of the above-listed documents to be
                           entered on the docket of this cause. The Court will address the effect of
                           these filings in a subsequent entry though, for the present, nothing in those
                           filings effectively makes Mr. Bergeron a party in the case, despite any
                           appearances or interpretations to the contrary (S.E.). Signed by Judge
                           Sarah Evans Barker on 4/9/2009.(MAC) (Entered: 04/10/2009)
 04/09/2009           24   ANSWER to 1 Complaint, filed by LUCILLE IACOVELLI.
                           (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)
                           (MAC) (Entered: 04/10/2009)




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 04/09/2009           25   Submission of Amended Writ, filed by Defendant LUCILLE
                           IACOVELLI. (MAC) (Entered: 04/10/2009)
 04/09/2009           26   AFFIDAVIT of Lucille Iacovelli re 24 Answer to Complaint by
                           LUCILLE IACOVELLI. (MAC) (Entered: 04/10/2009)
 04/09/2009           27   AFFIDAVIT of Rich Bergeron re 24 Answer to Complaint by LUCILLE
                           IACOVELLI. (MAC) (Entered: 04/10/2009)
 04/09/2009           28   ENTRY - On April 9, 2009, the Courtroom Deputy received two
                           communications by E-mail one from Rich Bergeron and one from Frank
                           A. de Groot. The Clerk is directed to note each of the E-mail
                           communications on the Courts docket, with the corresponding docket
                           references for each entry. (S.E.) cm. Signed by Judge Sarah Evans Barker
                           on 4/9/2009.(MAC) (Entered: 04/10/2009)
 04/09/2009           29   Submission of E-mail Communicaton from Rich Bergeron sent to the
                           Court's Courtroom Deputy received on 4/9/0.(MAC) (Entered:
                           04/10/2009)
 04/09/2009           30   Submission of E-mail communication received from Frank de Groot sent
                           to the Court's Courtroom Deputy received on 4/9/09. (MAC) (Entered:
                           04/10/2009)
 04/10/2009           31   NOTICE of Filing of Third Affidavit of Counsel by DR. BARRY
                           EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Email from Todd
                           Richardson to Lucille Iacovelli, # 2 Exhibit B - Email from Rich Bergeron
                           to Joe Rompala, Todd Richardson, Gary Price and Barry Eppley, # 3
                           Exhibit C - Webpages from http://eppleyplasticsurgerysucks.com, # 4
                           Exhibit D - Email from Frank de Groot to all Directors at Lewis &
                           Kappes, # 5 Exhibit E - Webpages from
                           http://www.barryeppleyplasticsurgeon.com/sarah-evans-barker.html, # 6
                           Exhibit F - Email from Frank de Groot to Todd Richardson, # 7 Exhibit G
                           - Email from Dr. Barry Eppley to Todd Richardson) (Rompala, Joseph)
                           (Entered: 04/10/2009)
 04/10/2009           32   Submission of Supplement to Pending Motion for Show Cause Hearing on
                           Why Defendant and her Agents Should Not Receive Contempt Sanctions,
                           filed by Plaintiff DR. BARRY EPPLEY, MD, DMD. (Rompala, Joseph)
                           (Entered: 04/10/2009)
 04/13/2009           33   AMENDED ORDER re 22 Order on Motion Continuing previously
                           issued Temporary Restraining Order (S.O.) cm. Signed by Judge Sarah
                           Evans Barker on 4/13/2009.(MAC) (Entered: 04/13/2009)
 04/13/2009           34   ENTRY ON SELECTED MATTERS: (1) denying Defendant's First
                           Amendment Writ (Docket No. 25); (2) declaring the purported claims of
                           Rich Bergeron of no effect at this point; (3) accepting Defendant's filing
                           of April 9, 2009 (at Docket No. 24) as adequate to serve as Defendant's
                           answer to the Complaint, but ineffective to assert the purported
                           counterclaim or third-party claim; (4) permitting Defendant through April
                           22, 2009, to file a proper counterclaim; and (5) permitting Defendant
                           through April 22, 2009, to file a proper third-party complaint. See Entry




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                           for further details. Signed by Judge Sarah Evans Barker on 4/13/2009.
                           (PGS) (Entered: 04/13/2009)
 04/13/2009           35   MOTION for Leave to Proceed in forma pauperis, filed by Rich Bergeron.
                           (MAC) (Entered: 04/14/2009)
 04/14/2009           36   Letter from Lucille Iacovelli received by fax requesting to appear
                           telephonically at the 4/17/09 hearing. (MAC) (Entered: 04/14/2009)
 04/15/2009           37   RESPONSE in Opposition to Defendant's Informal Request for
                           Continuance, to be Represented by Non-Attorney Non-Party, and to
                           Appear Telephonically at Preliminary Injunction Hearing, filed by
                           Plaintiff DR. BARRY EPPLEY, MD, DMD. (Richardson, Todd)
                           (Entered: 04/15/2009)
 04/15/2009           38   ENTRY CONCERNING SELECTED MATTERS: (1) denying 35 non-
                           party Rich Bergeron's Motion for Leave to Proceed in forma pauperis; (2)
                           denying Defendant's request to allow Rich Bergeron to represent her at the
                           April 17, 2009, hearing; and (3) denying Defendant's request for a
                           continuance of the April 17, 2009, hearing. Signed by Judge Sarah Evans
                           Barker on 4/15/2009. (PGS) (Entered: 04/15/2009)
 04/16/2009           39   NOTICE of Filing of Proposed Findings of Fact and Conclusions of Law
                           and Order Issuing Preliminary Injunction by DR. BARRY EPPLEY,
                           MD, DMD (Attachments: # 1 Exhibit A - Proposed Findings of Fact and
                           Conclusions of Law) (Richardson, Todd) (Entered: 04/16/2009)
 04/16/2009           40   ENTRY DENYING APRIL 14, 2009,REQUEST FOR RECUSAL.
                           Signed by Judge Sarah Evans Barker on 4/16/2009.(PGS) (Entered:
                           04/16/2009)
 04/16/2009           41   APPLICATION to proceed without prepayment of fees and costs, filed by
                           Defendant LUCILLE IACOVELLI. (MAC) (Entered: 04/16/2009)
 04/16/2009           42   AFFIDAVIT in support of Motion to Proceed on Appeal In Forma
                           Pauperis re 41 Application by LUCILLE IACOVELLI. (MAC) (Entered:
                           04/16/2009)
 04/16/2009           43   MOTION to Recuse Judge, MOTION to Stay, MOTION for Continuance
                           and Motion for Show Cause Hearing, filed by Defendant LUCILLE
                           IACOVELLI. c/s (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit
                           G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit J)(MAC)
                           (Entered: 04/16/2009)
 04/17/2009           44   ORDER denying 41 Application to Proceed in Forma Pauperis; 43
                           Motion to Stay; 43 Motion to Recuse; and 43 Motion for Continuance.
                           Signed by Judge Sarah Evans Barker on 4/17/2009. (PGS) (Entered:
                           04/17/2009)
 04/17/2009           45   NOTICE of Filing of Fourth Affidavit of Counsel by DR. BARRY
                           EPPLEY, MD, DMD (Attachments: # 1 Exhibit A - Email from Frank de
                           Groot to Todd Richardson, # 2 Exhibit B - Email from Rich Bergeron to
                           Todd Richardson, # 3 Exhibit C - Email from Rich Bergeron to Todd
                           Richardson, # 4 Exhibit D - Email from Frank de Groot to Todd




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                           Richardson, # 5 Exhibit E - Email from Rich Bergeron to Barry Eppley, #
                           6 Exhibit F - Email from Rich Bergeron to Todd Richardson, # 7 Exhibit
                           G - Email from Rich Bergeron to Todd Richardson, # 8 Exhibit H -
                           Webpages from www.twitter.com, # 9 Exhibit I - Webpages from
                           www.losingface.net, # 10 Exhibit J - Webpages from
                           barryeppleyplasticsurgeon.com, # 11 Exhibit K - Email from Boob Licker
                           to Todd Richardson, # 12 Exhibit L - Webpages from lewis-
                           kappessucks.com, # 13 Exhibit M - Webpages from
                           eppleyplasticsurgerysucks.com, # 14 Exhibit N - Webpages from
                           barryeppleyplasticsurgeon.com) (Richardson, Todd) (Entered:
                           04/17/2009)
 04/17/2009           46   ENTRY granting 12 Motion for Preliminary Injunction. Signed by Judge
                           Sarah Evans Barker on 4/17/2009. (PGS) (Entered: 04/17/2009)
 04/17/2009           47   PRELIMINARY INJUNCTION enjoining certain communications and
                           conduct on the part of Defendant, her agents, those in active concert and
                           participation with her, and those who have offered their services to her.
                           See Preliminary Injunction for specifics. Signed by Judge Sarah Evans
                           Barker on 4/17/2009.(PGS) (Entered: 04/17/2009)
 04/17/2009           48   Minute Entry for proceedings held before Judge Sarah Evans Barker:
                           Evidentiary Hearing held on 4/17/2009. Dr. Eppley appeared in person
                           and by counsel for the evidentiary hearing on Plaintiffs Motion for
                           Preliminary Injunction. [Docket No. 12.] Defendant did not appear, either
                           in person or by counsel. Plaintiff presents evidence. The Court stated that
                           Plaintiffs Motion for Sanctions [Docket No. 18] remained under
                           advisement and explained that if Defendant and her associates fail to
                           comply with the Courts Preliminary Injunction, the Court will, upon a
                           renewed request by Plaintiff, set a hearing at which Defendant will be
                           required to appear and show cause why she should not be held in
                           contempt and sanctioned (S.E.) cm (Court Reporter Kate Andrews.)
                           (MAC) (Entered: 04/20/2009)
 04/21/2009           49   ENTRY regarding scrivener's error in paragraph 3 of the Entry issued on
                           4/17/09-The corrected and amended paragraph 3 is now issued cm Signed
                           by Judge Sarah Evans Barker on 4/21/2009.(CBU) (Entered: 04/22/2009)
 04/24/2009           50   Submission of Complaint for Judicial Misconduct, filed by Defendant
                           LUCILLE IACOVELLI. no c/s (Attachments: # 1 Preliminary Injunction,
                           # 2 Entry for 4/17/09, # 3 Entry Granting Preliminary Injunction, # 4
                           Affidavit of Lucille Iacovelli, # 5 Entry Discussing Request for Recusal, #
                           6 Request to Appear Telephonically, # 7 Internet Pages, # 8 Exhibit H, # 9
                           Exhibit I)(MAC) (Entered: 04/24/2009)
 04/27/2009           51   Supplemental MOTION for Order to Show Cause, filed by Plaintiff DR.
                           BARRY EPPLEY, MD, DMD. (Richardson, Todd) (Entered: 04/27/2009)
 04/27/2009           52   AFFIDAVIT of Counsel by DR. BARRY EPPLEY, MD, DMD.
                           (Attachments: # 1 Exhibit A - Email by Eppley 04-18-09, # 2 Exhibit B -
                           Email by Eppley 04-25-09, # 3 Exhibit C - Home Page Printout, # 4
                           Appendix D - Printout, # 5 Exhibit E - Home Page Printout, # 6 Exhibit F




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                           - Printout, # 7 Appendix G - Printout, # 8 Exhibit H - MySpace Printout, #
                           9 Exhibit I - MySpace Printout, # 10 Exhibit J - Printout, # 11 Exhibit K -
                           Printout Twitter, # 12 Exhibit L - Printout, # 13 Exhibit M - Printout, # 14
                           Exhibit N - Printout, # 15 Exhibit O - Printout, # 16 Exhibit P - Printout, #
                           17 Exhibit Q - Printout)(Richardson, Todd) (Entered: 04/27/2009)
 04/27/2009           53   ENTRY Directing further proceedings; Parties shall have to 6/25/09 in
                           which to complete written discovery and discovery depositions.
                           Dispositive Motions due by 7/22/2009. No case management plan need be
                           submitted in this action unless ordered in the future cm. Signed by Judge
                           Sarah Evans Barker on 4/27/2009.(MAC) (Entered: 04/28/2009)
 04/28/2009           54   ORDER Denies re 50 Submission of Complaint of Judical Misconduct
                           construed as a renewed request for the recusal of the undersigned filed by
                           LUCILLE IACOVELLI (S.O.) cm. Signed by Judge Sarah Evans Barker
                           on 4/28/2009.(MAC) (Entered: 04/29/2009)
 04/30/2009           55   ENTRY and Notice - It was noted in paragraph 3 of the Entry issued on
                           April 13, 2009, that [t]he defendants filing of April 9, 2009 (dkt 24)... is
                           not effective as a purported counterclaim or third-party complaint.
                           (Emphasis in original.) Consistent with that observation and ruling, the
                           further statement in the Entry of April 21, 2009, that the plaintiff had
                           through April 29, 2009, in which to file an answer to the defendants
                           counterclaim was a mis-statement and is rescinded. Signed by Judge
                           Sarah Evans Barker on 4/30/2009.(MAC) (Entered: 04/30/2009)
 05/01/2009           56   ENTRY and Notice. The plaintiffs motion for order to show cause (dkt
                           18) and supplemental motion for order to show cause (dkt 51) are granted,
                           and further proceedings are directed. The defendant shall have through
                           May 18, 2009, in which to file a written response to such motions. The
                           court will thereafter determine what further proceedings, if any, are
                           warranted based on the claims made in the plaintiffs motions cm. Signed
                           by Judge Sarah Evans Barker on 5/1/2009.(MAC) (Entered: 05/01/2009)
 05/07/2009           57   NOTICE of Filing Notice of Appeal, Affidavit, Motion for IFP and
                           docketing statement c/s by LUCILLE IACOVELLI (CBU) (Entered:
                           05/07/2009)
 05/07/2009           58   NOTICE OF APPEAL as to 46 Order on Motion for Preliminary
                           Injunction and 47 Preliminary Injunction c/s filed by Defendant
                           LUCILLE IACOVELLI (CBU) (Entered: 05/07/2009)
 05/07/2009           59   DOCKETING STATEMENT c/s LUCILLE IACOVELLI re 58 Notice of
                           Appeal (CBU) (Entered: 05/07/2009)
 05/07/2009           60   MOTION for Leave to Appeal in forma pauperis w/affidavit filed by
                           Defendant LUCILLE IACOVELLI (CBU) (Entered: 05/07/2009)
 05/07/2009           61   Submission of Complaint of Judicial Misconduct or Disability, filed by
                           Defendant LUCILLE IACOVELLI. (MAC) (Entered: 05/08/2009)
 05/07/2009           62   MOTION to Strike all plaintiff testimony volunteered by attorneys for the
                           plaintiff as irrelevant hearsay; and Motion to Dissolve/Vacate Preliminary




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                           Injunction, filed by Defendant LUCILLE IACOVELLI. c/s (MAC) .
                           Modified on 5/8/2009 (MAC). (Entered: 05/08/2009)
 05/08/2009           63   SECOND AFFIDAVIT by LUCILLE IACOVELLI. (Attachments: # 1
                           Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
                           Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11
                           Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit
                           O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20
                           Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(MAC) (Entered: 05/11/2009)

Case #: 1:09-cv-00386-SEB-JMS




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