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					               Case 1:09-cv-00386-SEB-JMS Document 125                            Filed 12/30/09 Page 1 of 45
                                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-00386-SEB-JMS
Division:         INDIANAPOLIS


                  Plaintiff (APPELLEE)                        Short Caption                Defendant (APPELLANT)
                  DR. BARRY EPPLEY, MD, DMD                      V.                     LUCILLE IACOVELLI
---------------------------------------------------------------------------------------------------------------------------------------------
Current Counsel for Plaintiff (APPELLEE):                                        Current Counsel for Defendant (APPELLANT):
                                            (Use separate sheet for additional counsel)


Name:             Gary P. Price, Joseph P. Rompala,                     Name:              LUCILLE IACOVELLI
                  Todd A. Richardson                                    Firm:              PRO SE
Firm:             LEWIS & KAPPES                                        Address:           3 Deer Hollow Road
Address:          One American Square, Suite 2500                                          Forestdale, MA 02644
                  Indianapolis, IN 46282                                Phone:
Phone:            317-639-4882
---------------------------------------------------------------------------------------------------------------------------------------------
Judge:            Sarah Evans Barker                                  Nature of Suit Code:                        320
Court Reporter:            LAURA HOWIE-WALTERS                        Date Filed in District Court:               03/30/09
                           (Supervising)                              Date of APPEALED ORDER:                     12/02/09
                           217 U.S. COURTHOUSE                        EOD:                                        12/02/09
                           INDIANAPOLIS, IN 46204                     Date of Notice of Appeal:                   12/28/09
                           (317) 632-3422
Counsel: Appointed Retained                 X Pro Se
Fee Status:        Paid X Due (PAID $105)               IFP      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 125                 Filed 12/30/09 Page 2 of 45
                                     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

                                              December 30, 2009
Gary P. Price, Joseph P. Rompala, Todd A. Richardson
LEWIS & KAPPES
One American Square, Suite 2500
Indianapolis, IN 46282

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

RE: DR. BARRY EPPLEY, MD, DMD V. LUCILLE IACOVELLI

CAUSE NO: 1:09-cv-00386-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 Theresa Amato
                                                    (317) 229-3933
              Case 1:09-cv-00386-SEB-JMS Document 125                         Filed 12/30/09 Page 3 of 45
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.
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                                        125
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                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF INDIANA




DR. BARRY EPPLEY, MD, DMD,                         )
                                                   )
                             Plaintiff,            )
       vs.                                         )      No. 1:09-cv-386-SEB-JMS
                                                   )
LUCILLE IACOVELLI,                                 )
                                                   )
                             Defendant.            )




                       Entry Finding Defendant and Others
               in Contempt, Directing the Imposition of Sanctions,
     Granting Motion to Compel, and Denying Motion for Discovery Sanctions

       For the reasons explained in this Entry, the plaintiff’s motion for order to show cause
(dkt 18) and the supplement thereto (dkt 51), and the plaintiff’s motion to compel (dkt 96)
are each granted. The plaintiff’s motion for discovery sanctions (dkt 81) is denied.

                                          I. Background

        Dr. Barry Eppley is a medical doctor specializing in plastic and reconstructive facial
surgery. His principal place of business is located in Carmel, Indiana. Lucille Iacovelli is a
former patient of Dr. Eppley and a citizen of the Commonwealth of Massachusetts. Invoking
both the court’s diversity and federal question jurisdiction, Dr. Eppley sued Iacovelli on
March 30, 2009, for defamation, trade disparagement, harassment, false-light publicity, and
for violation of § 43 of the Lanham Act, 15 U.S.C. § 1125, through her false designation and
description of fact. Dr. Eppley seeks both injunctive relief and damages.

       A preliminary injunction issued on April 17, 2009, directing defendant Lucille Iacovelli
and those in active concert and participation with her to remove websites and internet
postings related to Eppley, his attorneys, or this lawsuit and prohibiting Iacovelli and those
acting in concert with her from establishing new websites or postings on these subjects.
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                                                          Filed 12/02/09 Page 2 of 10



The preliminary injunction was issued following the issuance of a temporary restraining
order, and, as used in this Entry, the term “preliminary injunction” includes the terms of that
temporary restraining order. Iacovelli’s appeal of the issuance of the preliminary injunction
was dismissed by the Court of Appeals on June 25, 2009, based on Iacovelli’s failure to pay
the required appellate fees. Eppley v. Iacovelli, No. 09-2239 (7th Cir. June 25, 2009).

       Eppley seeks a finding of civil contempt against defendant Iacovelli and those acting
in concert with her based on their violation of the preliminary injunction and also seeks an
order compelling discovery and the imposition of discovery and other sanctions against
Iacovelli. A hearing was conducted on these requests on July 1, 2009, at which time
evidence was submitted by Eppley. Neither Iacovelli nor those acting in concert with her
appeared at the hearing, but Iacovelli filed a written opposition to Eppley’s requests on
August 10, 2009, and that filing has been considered. The Court refrained from ruling on
the pending matters while Iacovelli’s mandamus action was pending before the Court of
Appeals. Now that that matter has been resolved by a denial of her writ, In re Lucille
Iacovelli, 09-2642 (7th Cir. August 14, 2009), this Court must rule on the pending matters.

       Having considered the filings and evidence, and being duly advised, the Court finds
that Iacovelli and those acting in concert with her have violated the preliminary injunction
and that sanctions for their acts of contempt must issue. The Court also concludes that
Eppley’s motion to compel must be granted, but his motion for sanctions shall be denied.

                                       II. Discussion

              A. Motion for Order to Show Cause

        Eppley’s motion seeking a rule to show cause as well as his supplemental motion
are both governed by 18 U.S.C. § 401, which confers the power of civil contempt on courts
of the United States. Under this statute, “the court is empowered to enforce compliance
with its orders through civil contempt.” Indep. Living Aids, Inc. v. Maxi-Aids, Inc., 349 F.
Supp. 2d 509, 515 (E.D.N.Y. 2004). Acts of contempt may be punished by fine or
imprisonment, based on “[d]isobedience or resistance to its lawful writ, process, order, rule,
decree, or command.” 18 U.S.C. § 401(3).

      To establish civil contempt, each of the following elements must be shown by clear
and convincing evidence:

       (1) the existence of a valid decree of which the alleged contemnor had actual
       or constructive knowledge; (2) . . . that the decree was in the movant's
       “favor”; (3) . . . that the alleged contemnor by its conduct violated the terms
       of the decree, and had knowledge (at least constructive knowledge) of such
       violations; and (4) . . . that [the] movant suffered harm as a result.

Manez v. Bridgestone Firestone North American Tire, LLC, 533 F.3d 578 (7th Cir. 2008)
(quoting Ashcraft v. Conoco, Inc., 218 F.3d 288, 301 (4th Cir. 2000) (alterations in

                                              2
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                                                           Filed 12/02/09 Page 3 of 10



original).1 In other words, to hold a person in civil contempt, the district court “must be able
to point to a decree from the court which sets forth in specific detail an unequivocal
command which the party in contempt violated.” Grove Fresh Distribs., Inc. v. John Labatt,
Ltd., 299 F.3d 635, 642 (7th Cir. 2002) (quoting Jones v. Lincoln Elec. Co., 188 F.3d 709,
738 (7th Cir. 1999)).

      In this case, as to Eppley’s motion and supplemental motion for order to show
cause, each element of civil contempt has been shown by clear and convincing evidence,
as specifically detailed below:

       !       The first two elements of contempt are shown by the fact of this Court’s
       preliminary injunction issued on April 17, 2009, directing Iacovelli and those acting
       in concert with her to remove certain internet postings and cease making internet
       postings regarding Dr. Eppley, his attorneys, or this lawsuit. The preliminary
       injunction is a decree which sets forth in detail an unequivocal command to Iacovelli
       and those acting in concert with her to take the specified action relative to their
       internet postings and to refrain from additional postings of that character pending a
       final ruling on the merits of this litigation.

       !      The third element of contempt has also been clearly established. The
       evidence submitted on July 1, 2009, and thereafter shows, indeed, Iacovelli and
       those acting in concert with her have admitted, that they have failed and refused to
       abide by the Court’s orders. In addition, the evidence presented by Eppley
       establishes that their defiance of these orders continues. A list of websites, identified
       through the evidence, that Iacovelli and those acting in concert with her have
       created and/or maintained in violation of the Court’s orders is attached as Appendix
       A to this Entry.

       !       Finally, the fourth element of contempt is also plainly established. Eppley has
       suffered, and continues to suffer, harm as a result of the refusal of Iacovelli and
       those acting in concert with her to abide by the Court’s orders. At the hearing on his
       motion for contempt, Eppley described the efforts he has taken and funds he has
       been required to expend to counteract the negative and harmful effects of
       Defendant’s (and those acting in concert with her) postings on the Internet and their
       joint and several refusals to remove previously posted information in violation of the
       Court’s orders. Eppley estimates that he spends $2,000 to $3,000 per month on
       these efforts to countermand the effects of the wrongful postings.



       1
       The Court notes that a party may be held in civil contempt “if he has not been
reasonably diligent and energetic in attempting to accomplish what was ordered.” Am. Fletcher
Mortgage Co. v. Bass, 688 F.2d 513, 517 (7th Cir. 1982) (“The district court may find a
defendant in civil contempt.”(citation and quotation marks omitted)).


                                               3
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Based on the foregoing, the Court rules that Iacovelli and those acting in concert
with her are in indirect contempt of this Court’s orders through their violation(s) of
the preliminary injunction.

       Having found Iacovelli and those acting in concert with her in indirect contempt, the
Court shall next address the issue of appropriate sanctions.2

       !        Both coercive and compensatory sanctions are warranted in this case. As to
       the former, Iacovelli and her associate, Rich Bergeron, are hereby ordered to
       immediately remove and cause to be removed from the Internet any website or
       posting on a website they have created related to Dr. Eppley, his attorneys, or this
       litigation–including, but not limited to, those websites and postings identified in
       Appendix A. The steps required of Iacovelli and Bergeron include contacting the
       operators of interactive computer services that operate, host, or otherwise control
       these websites, informing them of this order, and directing them to forthwith remove
       the websites, postings, or links.

       !      Further, Iacovelli shall immediately direct any and all persons acting on her
       behalf or in concert with her to assist in the removal of these sites and to refrain
       from creating new ones.

       !       Iacovelli shall file with this Court an affidavit or declaration detailing the steps
       she has taken to comply with these requirements within 20 days from the issuance
       of this Order.

       !      As to the compensatory sanctions, based on the ongoing monthly expenses
       Eppley has incurred and continues to incur to counteract the effects of the postings
       on the Internet by Iacovelli and her associates and their joint and several refusals
       to remove previously posted information in violation of the Court’s orders, Iacovelli
       is hereby ordered to partially compensate Eppley for the costs he has incurred as
       a result of her contempt. This partial compensation shall be payment to Eppley at


       2
        Contempt sanctions are characterized by the court's need to compel obedience of its
orders and/or to “compensate the contemnor's adversary for the injuries which result from the
noncompliance.” Manez, 533 F.3d at 590 (quoting Falstaff Brewing Corp. v. Miller Brewing Co.,
702 F.2d 770, 778 (9th Cir. 1983)). Additionally, contempt sanctions can coerce a contemnor’s
compliance with a court order. “A coercive sanction must afford the contemnor the opportunity
to ‘purge,’ meaning the contemnor can avoid punishment by complying with the court order.”
Federal Trade Comm’n v. Turdeau, 579 F.3d 754, 769 (7th Cir. 2009) (citation omitted). A court
passing on a civil contempt petition may impose sanctions to redress harm that has been
caused or to secure compliance with its orders, but may not exact punitive damages. E.g. South
Suburban Housing Center v. Barry, 186 F.3d 851, 854 (7th Cir. 1999); In the matter of Maurice,
73 F.3d 124, 127-28 (7th Cir. 1995); Connolly v. J.T. Ventures, 851 F.2d 930, 933 (7th Cir.
1988).


                                                4
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       the rate of $50 per calendar day, beginning on July 1, 2009. As of the date of this
       Order, meaning through December 2, 2009, the amount due is $7,750. The
       obligation to make these payments shall continue until such time as the Court finds
       that Iacovelli has purged herself of her contempt. Payment shall be made by a
       certified check made payable to "Dr. Barry Eppley, M.D., DMD" and mailed to him
       in care of his attorneys at the law firm of Lewis & Kappes in Indianapolis.

If Iacovelli fails to report within 20 days from the issuance of this order that she has fully
purged herself of her contempt as directed above, a further order will issue, based on the
Court’s authority under the All Writs Act, 28 U.S.C. § 1651, authorizing Eppley and his
attorneys to secure compliance with the Court’s directions by contacting non-party internet
operators and others directly.

       The Court shall sua sponte, consider the need for additional sanctions and for other
appropriate remedial Orders thirty (30) days after the date of this order, based on Iacovelli’s
compliance and that of persons acting in concert with her to violate the Court’s orders, and
shall enter such additional sanctions and orders as are necessary and appropriate.

              B. Motion to Compel

      Eppley’s motion to compel discovery is governed by Rule 37(a)(3)(B) of the Federal
Rules of Civil Procedure, which permits a party to move for an order compelling discovery
when the party from whom discovery is sought has provided no response to properly
served discovery requests.

       Eppley served discovery requests on Iacovelli by mail on April 21, 2009. Iacovelli
provided no response to the requests, either by providing the requested documents and
things or by asserting objections to the requests. Instead, Iacovelli has admitted to this
Court that she refuses to participate in discovery as required by the Federal Rules of Civil
Procedure. In her response to Eppley’s motion for order to show cause, she stated: “[W]ith
respect to discovery requests Iacovelli refuses to participate in such a process if she is
barred from participating in every other fashion in this case.” This statement is contained
in Iacovelli’s filing of August 10, 2009.

      Because Iacovelli has refused and continues to refuse to respond to Eppley’s
discovery requests, Eppley’s motion to compel is granted. Iacovelli shall have twenty (20)
calendar days from the date of this Entry to provide the requested documents and things.

        Under Rule 37(a)(5)(A), if a motion to compel is granted, the court shall, after
affording an opportunity to be heard, require the party whose conduct necessitated the
motion to pay to the moving party the reasonable expenses incurred in making the motion,
unless the court finds that the motion was filed without the movant first making a good faith
effort to obtain the discovery without court action, the party's nondisclosure, response or
objection was substantially justified, or that other circumstances make an award of
expenses unjust. Accordingly, Eppley shall have ten calendar days from the date of this
Order in which to file a request for fees. Iacovelli shall have ten calendar days to respond.


                                              5
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               C. Motion for Discovery Sanctions

        Rule 37 provides: “If a party . . . fails to obey an order to provide or permit discovery,
including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may
issue further just orders.” Fed.R.Civ.P. 37(b)(2)(A). Permissible remedial measures include
“treating as contempt of court the failure to obey any order except an order to submit to a
physical or mental examination.” Fed.R.Civ.P. 37(b)(2)(A)(vii).

       As its plain language provides, Rule 37(b) requires the moving party to establish
“two things as conditions precedent to engaging the gears of the rule's sanction machinery:
a court order must be in effect, and then must be violated.” Ortiz-Lopez v. Socieded
Espanola de Auxilio Mutuo & Benefiencia de P.R., 248 F.3d 29, 33 (1st Cir. 2001) (quoting
R.W. Int'l Corp. v. Welch Foods, Inc., 937 F.2d 11, 15 (1st Cir. 1991)).

       Sanctions authorized by Rule 37(b)(2)(A)(i)-(vi) are not applicable here because they
require a party's “[failure] to obey an order to provide or permit discovery, including an order
under Rule 26(f), 35 or 37(a).” Fed.R.Civ.P. 37(b)(2)(A). The sanctionable conduct at issue
here involves Iacovelli’s failure to respond to written discovery served on her. That conduct
does not, at present, involve any specific order of the Court. Accordingly, the motion for the
imposition of discovery sanctions is premature and must be denied at this time. Oklahoma
v. Tyson Foods, Inc., 2009 WL 3682757 (N.D.Okla. 2009).

                                        III. Conclusion

         Iacovelli’s prolonged, documented, and chronic failure to participate responsibly in
this litigation and obey the Court’s orders implicates significant consequences. Continued
recalcitrance will not be countenanced. The rulings made in this Entry permit her to purge
herself of her contempt and to participate in this case as the Federal Rules of Civil
Procedure require. The court stresses, however, that more serious consequences will
follow if she fails to do so. She is well advised to conform her conduct in this case
accordingly.

        IT IS SO ORDERED.




          12/02/2009                                _______________________________
Date:
                                                     SARAH EVANS BARKER, JUDGE
                                                     United States District Court
                                                     Southern District of Indiana
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                                       Appendix A

      The following is a non-exhaustive list of those websites and postings that have been
created and/or maintained in violation of this Court’s orders.

      a.     losingface.net - any postings containing references to Dr. Eppley, his
             attorneys, or this litigation or links to sites containing these references;

      b.     www.youtube.com/user/luciacovelli              –   content located at
             www.youtube.com/profile?user=Luciacovelli&view=videos and
             www.youtube.com/user/Dreppleysvictims; and the posting by
             “fightnewsunlimited” at www.youtube.com/watch?v=V0bsv5RXZDU titled
             “Justice For Lucille Iacovelli: Dr. Barry Eppley Sucks.”

      c.     luciliacovelli.wordpress.com – any postings containing references to Dr.
             Eppley, his attorneys, or this litigation or links to sites containing these
             references;

      d.     www.cosmeticsurgeryuglyside.blogspot.com – any postings containing
             references to Dr. Eppley, his attorneys, or this litigation or links to sites
             containing these references;

      e.     lucilleiacovelli.blogspot.com – any postings containing references to Dr.
             Eppley, his attorneys, or this litigation or links to sites containing these
             references;

      f.     eppleylawsuit.blogspot.com – any postings containing references to Dr.
             Eppley, his attorneys, or this litigation or links to sites containing these
             references;

      g.     lucilleiacovellieye.blogspot.com – any postings containing references to Dr.
             Eppley, his attorneys, or this litigation or links to sites containing these
             references;

      h.     awfulplasticsurgery.com – any postings containing references to Dr. Eppley,
             his attorneys, or this litigation or links to sites containing these references;

      i.     luciacovelli.livejournal.com – any postings containing references to Dr.
             Eppley, his attorneys, or this litigation or links to sites containing these
             references;

      j.     picasweb.google.com – the following items from the page described as
             “Lucille’s Public Gallery” at “picasweb.google.com/luciacovelli” containing the
             following items: “The ‘examination’ they refuse to perform”; “After Dr.
             Eppley’s Diasterous [sic] Revision”; and “Dr. Barry Eppley – Photos After
             Revision Surgery – 2001 - 2008"; the following other galleries:
             picasweb.google.com/luciacovelli/DrBarryEppleyPhotosAfterRevisionSurg
             ery; and
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        picasweb.google.com/luciacovelli/WhatIWasForcedToDoToSurvive200720
        08;

  k.    the following posts from complaintsboard.com: “Dr. Barry Eppley Complaints
        – Do not risk your precious health by undergoing cosmetic surgery!” and the
        comment by “Boxer_47" containing a link to the website
        eppleyplasticsurgerysucks.com;

  l.    the post from the website consumers2consumers.com “Dr. Barry Eppley –
        Worse than Negligent”;

  m.    the posts on myspace.com at myspace.com/luciacovelli “Lucille Iacoveli –
        Cape Cod: Yesterday’s plans and expectations = Today’s failure” and “The
        compassion of strangers”; “Losing face has a new home”; “Inadequate
        Physical Exam”; and “Dr. Barry Eppley Facelift Diary” and the site
        blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendsId=352450308;

  n.    plasticdisaster.wordpress.com – any postings containing references to Dr.
        Eppley, his attorneys, or this litigation or links to sites containing these
        references;

  o.    helium.com – page at helium.com/users/331304 identified as “About me”
        containing links to cosmeticsurgeryuglyside.blogspot.com; losingface.net;
        and lucilleiacovelli.blogspot.com;

  p.    zimbio.com      –
        zimbio.com/Plastic+Surgery+Discussion/articles/96/What+keeps+me+going
        including the videos: “Dr. Barry Eppley Omitted Essential Part of My
        Operation-Video” and “Inadequate Physical Examination-Video”;

  q.    thesqueakywheel.com          -   postings     at   thesqueakywheel.
        com/complaints/2009/JANcomplaint429418.cfm and the
        squeakywheel.com/complaints/2007FEB/complaint11629.cfm consisting of
        posts “Dr. Barry Eppley & Andrea Bradley-Stutz Cannot Silence Truth” and
        “Barry Eppley: Cosmetic Surgery’s Unscrupulous Smooth Operator”;

  r.    unlimitedfightnews.com - posting titled “Rabble Rousin’ Rich Bergeron’s
        Latest Legal Fight”

  s.    Photobucket.com – all images that depict Iacovelli                  on   page
        s303.photobucket.com/albums/nn137/luciacovelli/?start=all

  t.    www.funny.godiggs.com/Dr-Barry-Eppley-Before-the-Facelift-Journal-from-
        health-to-hell.

  u.    video.aol.com/video-detail/dr-barry-eppley-facelift-journey-from-health-to-hell

  v.    www.eppleyplasticsurgerysucks.com
Case 1:09-cv-00386-SEB-JMS Document 115 Filed 12/02/09 Page 9 of 45
Case 1:09-cv-00386-SEB-JMS Document 125 Filed 12/30/09 Page 13of 10




  w.    www.lewis-kappessucks.com

  x.    www.judgegod.com

  y.    www.barryeppleyplasticsurgeon.com

  z.    www.losingface.org

  aa.   luciacovelli.multiply.com

  bb.   losingface.multiply.com

  cc.   suckssite.ning.com/profile/LucilleIacovelli

  dd.   www.veoh.com/group/luciacovelli

  ee.   www.vimeo.com/luciacovelli
                                        125
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                                              Filed 12/02/09 Page 10 of 10



Distribution:

Gary P. Price
LEWIS & KAPPES
gprice@lewis-kappes.com

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
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                                                         APPEAL, MANDATE, 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
Case in other court: 7th Circuit, 09-02239                 Libel & Slander
Cause: 28:1332 Diversity-                                  Jurisdiction: Diversity
Libel,Assault,Slander
Plaintiff
DR. BARRY EPPLEY, MD, represented by Gary P. Price
DMD                                  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


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


 Date
                     #       Docket Text
 Filed
 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



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                             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)



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 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 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



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                             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
                           Richardson, # 2 Exhibit Exhibit B - E-mail from
                           Rich Bergeron to Todd Richardson, # 3 Exhibit



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                             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:



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                             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)
 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)



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                             (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)




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 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 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)



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                             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: #



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                             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 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]



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                             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 - 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



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                             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



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                             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 *** STRICKEN PER ENTRY OF 5/15/09 ***
                           Submission of Complaint of Judicial Misconduct or
                           Disability, filed by Defendant LUCILLE
                           IACOVELLI. (MAC) Modified on 5/18/2009
                           (TMA). Forwarded to the 7th Circuit on 5/18/09.
                           (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
                           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



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                             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)
 05/11/2009             64 SEVENTH CIRCUIT APPEAL INFORMATION
                           SHEET re 58 Notice of Appeal - Instructions for
                           Attorneys - Parties' Short Record, Instructions,
                           and Designation of Record information attached.
                           (CBU) (Entered: 05/11/2009)
 05/11/2009             65 Transmission of Notice of Appeal and Docket Sheet
                           to US Court of Appeals re 58 Notice of Appeal. - for
                           Court of Appeals Use Only. (CBU) (Entered:
                           05/11/2009)
 05/12/2009             66 USCA Case Number 09-2239 for 58 Notice of
                           Appeal filed by LUCILLE IACOVELLI. (TMA)
                           (Entered: 05/13/2009)
 05/13/2009             67 RESPONSE in Opposition re 62 MOTION to Strike
                           Affidavits and to Dissolve Preliminary Injunction,
                           filed by Plaintiff DR. BARRY EPPLEY, MD, DMD.
                           (Richardson, Todd) (Entered: 05/13/2009)
 05/18/2009             68 ENTRY - Defendant has again incorrectly filed a
                           complaint of judicial misconduct in this action. That
                           document 61 is stricken from the file and docket in
                           this action. The defendant's 60 request for leave to
                           proceed in forma pauperis with respect to her appeal
                           from the issuance of the preliminary injunction is
                           denied. The defendant's 62 motion to strike is denied
                           as untimely. Signed by Judge Sarah Evans Barker on
                           5/15/2009. c/m (cc: USCA) (TMA) (Entered:
                           05/18/2009)
 05/18/2009             69 DESIGNATION of Record on Appeal by all
                           plaintiffs re 58 Notice of Appeal (Attachments: # 1
                           Exhibit 1-Highlighted Docket)(Richardson, Todd)
                           (Entered: 05/18/2009)
 05/19/2009             70 RESPONSE in Opposition re 51 Supplemental



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                             MOTION for Order to Show Cause, filed by
                             Defendant LUCILLE IACOVELLI. (PG) (Entered:
                             05/22/2009)
 05/19/2009             71 Submission of "Defendant's Reply Brief to Plaintiff's
                           Opposition to Motion to Strike Affidavits and to
                           Dissolve Preliminary Injunction," filed by Defendant
                           LUCILLE IACOVELLI. (PG) (Entered: 05/22/2009)
 05/21/2009             74 DESIGNATION of Record on Appeal by LUCILLE
                           IACOVELLI re 58 Notice of Appeal. (TMA)
                           (Entered: 05/26/2009)
 05/22/2009             72 MOTION for Rule 11 Sanctions, filed by Defendant
                           LUCILLE IACOVELLI. c/s (MAC) (Entered:
                           05/22/2009)
 05/22/2009             73 BRIEF/MEMORANDUM in Support re 72
                           MOTION for Sanctions, filed by Defendant
                           LUCILLE IACOVELLI. c/s (MAC) (Entered:
                           05/22/2009)
 05/26/2009             75 RESPONSE in Opposition re 72 MOTION for
                           Sanctions, filed by Plaintiff DR. BARRY EPPLEY,
                           MD, DMD. (Richardson, Todd) (Entered:
                           05/26/2009)
 05/26/2009             76 REPLY in Support of Motion re 18 MOTION For
                           Order to Show Cause Why Defendant And Those in
                           Active Concert and Participation With Her Should
                           Not Be Held In Contempt, 51 Supplemental
                           MOTION for Order to Show Cause, filed by Plaintiff
                           DR. BARRY EPPLEY, MD, DMD. (Richardson,
                           Todd) (Entered: 05/26/2009)
 05/26/2009             77 AFFIDAVIT re 76 Reply in Support of Motion by
                           DR. BARRY EPPLEY, MD, DMD. (Attachments: #
                           1 Exhibit A - J. Rompala Email of 4-28-09, # 2
                           Exhibit B - J. Rompala Email of 4-28-09, # 3 Exhibit
                           C - Email received 4-29-09 from R. Bergeron, # 4
                           Exhibit D - Email of 4-29-09 from R. Bergeron, # 5



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                             Exhibit E - Email of 4-29-09 from R. Bergeron, # 6
                             Exhibit F - Email of 4-29-09 from Frank, # 7 Exhibit
                             G - Email of 5-3-09 from R. Bergeron, # 8 Exhibit H
                             - Email of 5-14-09 from R. Bergeron, # 9 Exhibit I -
                             Printout of Home Page, # 10 Exhibit J - Printout of
                             5-18-09)(Richardson, Todd) (Entered: 05/26/2009)
 05/26/2009             78 AFFIDAVIT re 76 Reply in Support of Motion by
                           DR. BARRY EPPLEY, MD, DMD. (Attachments: #
                           1 Exhibit A - Search for
                           barryeppleyplasticsurgeon.com, # 2 Exhibit B -
                           Search for eppleyplasticsurgerysucks., # 3 Exhibit C
                           - Search for lewis-kappessucks.com, # 4 Exhibit D -
                           Search for losingface.org, # 5 Exhibit D - Search for
                           side-effects.eu, # 6 Exhibit F - Search for
                           judgegod.com)(Richardson, Todd) (Entered:
                           05/26/2009)
 05/27/2009             79 SCHEDULING ORDER: Show Cause Hearing set
                           for 7/1/2009 02:00 PM in room #216 before Judge
                           Sarah Evans Barker. Defendant shall be prepared to
                           show cause why she should not be held in contempt
                           and sanctioned for disregard of the Courts orders.
                           The Court has allocated ninety (90) minutes for the
                           hearing. The parties and any intended witnesses shall
                           appear in person cm. Signed by Judge Sarah Evans
                           Barker on 5/27/2009.(MAC) (Entered: 05/27/2009)
 05/28/2009             80 ENTRY - The defendant shall have through the close
                           of business on June 4, 2009, in which to supplement
                           her designation of record on appeal by both
                           submitting the proposed additional materials and
                           explaining why, in relation to the standards
                           established in Rule 10(e) of the Federal Rules of
                           Appellate Procedure the inclusion of such additional
                           materials could be found proper. Signed by Judge
                           Sarah Evans Barker on 5/28/2009. (TMA) (Entered:
                           05/28/2009)




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 06/04/2009             81 MOTION for Sanctions for Defendant's Refusal to
                           Respond to Discovery Requests, filed by Plaintiff
                           DR. BARRY EPPLEY, MD, DMD. (Attachments: #
                           1 Exhibit A - Discovery Request of 4-21-09, # 2
                           Exhibit B - Email to Ms. Iacovelli of 5-27-09)
                           (Richardson, Todd) (Entered: 06/04/2009)
 06/04/2009             82 Statement and Certification Regarding Efforts to
                           Resolve Discovery Dispute by DR. BARRY
                           EPPLEY, MD, DMD. (Richardson, Todd) (Entered:
                           06/04/2009)
 06/09/2009             83 SEVENTH CIRCUIT TRANSCRIPT
                           INFORMATION SHEET by DR. BARRY EPPLEY,
                           MD, DMD for proceedings held on 04/08/2009
                           before Judge Sara Evans Barker, re 58 Notice of
                           Appeal (Rompala, Joseph) (Entered: 06/09/2009)
 06/09/2009             84 SEVENTH CIRCUIT TRANSCRIPT
                           INFORMATION SHEET by DR. BARRY EPPLEY,
                           MD, DMD for proceedings held on 04/17/2009
                           before Judge Sara Evans Barker, re 58 Notice of
                           Appeal (Rompala, Joseph) (Entered: 06/09/2009)
 06/17/2009             85 SCHEDULING ORDER: Motion Hearing set for
                           7/1/2009 02:00 PM in room #216 before Judge Sarah
                           Evans Barker cm. Signed by Judge Sarah Evans
                           Barker on 6/17/2009.(MAC) (Entered: 06/17/2009)
 06/17/2009             86 ENTRY DIRECTING FURTHER PROCEEDINGS
                           (See Entry). Signed by Judge Sarah Evans Barker on
                           6/17/09. c/m (TMA) (Entered: 06/18/2009)
 06/19/2009             87 ***SEE CORRECTED 112 DOCUMENT FOR
                           SIGNATURE REQUIREMENT***TRANSCRIPT
                           of Proceedings held on April 17, 2009, before Judge
                           Sarah Evans Barker. Court Reporter/Transcriber
                           Kathleen Andrews, Telephone number (317) 631-
                           0940. Transcript may be viewed at the court public
                           terminal or purchased through the Court



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                             Reporter/Transcriber before the deadline for Release
                             of Transcript Restriction. After that date it may be
                             obtained through PACER.. Redaction Statement due
                             7/10/2009. Release of Transcript Restriction set for
                             9/17/2009. (Associated Reporting, ) Modified to
                             refer to corrected document on 9/17/2009 (TLH).
                             (Entered: 06/19/2009)
 06/19/2009           112 ***CORRECTED DOCUMENT FOR
                          SIGNATURE REQUIREMENT***TRANSCRIPT
                          of Proceedings held on 4-17-2009, before Judge
                          Sarah Evans Barker. Court Reporter/Transcriber
                          Kathleen Andrews, Telephone number (317)631-
                          0940. Transcript may be viewed at the court public
                          terminal or purchased through the Court
                          Reporter/Transcriber before the deadline for Release
                          of Transcript Restriction. After that date it may be
                          obtained through PACER.. Redaction Statement due
                          7/10/2009. Release of Transcript Restriction set for
                          9/17/2009. (Associated Reporting, ) Released on
                          9/17/2009 (TLH). (Entered: 09/17/2009)
 06/22/2009             88 NOTICE of FILING of OFFICIAL TRANSCRIPT
                           of Proceedings held before Judge Sarah Evans
                           Barker on April 17, 2009. (Associated Reporting, )
                           (Entered: 06/22/2009)
 06/25/2009             89 MANDATE of USCA as to 58 Notice of Appeal
                           filed by LUCILLE IACOVELLI - This appeal,
                           docketed on May 11, 2009, is DISMISSED for
                           failure to timely pay the required docketing fee,
                           pursuant to Circuit Rule 3(b). (No paper record to be
                           returned.) (TMA) (Entered: 06/25/2009)
 06/26/2009             90 NOTICE of FILING of OFFICIAL TRANSCRIPT
                           of Proceedings held before Judge Sarah Evans
                           Barker on 04/07/2009. (Howie-Walters, Laura)
                           (Entered: 06/26/2009)
 06/26/2009             91 TRANSCRIPT of Proceedings held on 04/07/2009,



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                             before Judge Sarah Evans Barker. Court
                             Reporter/Transcriber Laura Howie-Walters,
                             Telephone number (317) 632-3422. Transcript may
                             be viewed at the court public terminal or purchased
                             through the Court Reporter/Transcriber before the
                             deadline for Release of Transcript Restriction. After
                             that date it may be obtained through PACER..
                             Redaction Statement due 7/17/2009. Release of
                             Transcript Restriction set for 9/24/2009. (Howie-
                             Walters, Laura) Released on 9/25/2009 (TLH).
                             (Entered: 06/26/2009)
 06/29/2009             92 MOTION requesting to Appear Telephonically at
                           7/1/09 Hearing, filed by Defendant LUCILLE
                           IACOVELLI. c/s (Attachments: # 1 Exhibit
                           Benefits)(MAC) (Entered: 06/29/2009)
 06/30/2009             93 ORDER denying 92 Defendant's Motion to Appear
                           Telephonically at July 1, 2009, hearing on all
                           pending motions. Signed by Judge Sarah Evans
                           Barker on 6/30/2009. (PGS) (Entered: 06/30/2009)
 07/01/2009             94 Minute Order. for proceedings held before Judge
                           Sarah Evans Barker: Motion Hearing held on
                           7/1/2009 re 81 MOTION for Sanctions for
                           Defendant's Refusal to Respond to Discovery
                           Requests filed by BARRY EPPLEY, MD, DMD, 51
                           Supplemental MOTION for Order to Show Cause
                           filed by BARRY EPPLEY, MD, DMD; denying 72
                           Motion for Sanctions. Opening Statement by
                           plaintiff. Evidence presented. The Court took all
                           other matters under advisement and the proceedings
                           were adjourned. A written order shall follow. (Court
                           Reporter Laura Howie-Walters.)(MAC) (Entered:
                           07/06/2009)
 07/02/2009             95 ENTRY - On this date, Plaintiffs counsel returned
                           Plaintiffs Exhibit 6 (admitted into evidence at the
                           July 1, 2009, hearing in this cause) to the custody of



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                             the Court/Clerk, via the Courtroom Deputy. Signed
                             by Judge Sarah Evans Barker on 7/2/2009.(MAC)
                             (Entered: 07/06/2009)
 07/06/2009             96 MOTION to Compel Discovery, filed by Plaintiff
                           BARRY EPPLEY, MD, DMD. (Attachments: # 1
                           Text of Proposed Order Proposed Order, # 2 Exhibit
                           Exhibit A - Todd Richardson letter to Lucille
                           Iacovelli dated April 21, 2009, # 3 Exhibit Exhibit B
                           - Todd Richardson email to Lucille Iacovelli dated
                           May 27, 2009)(Richardson, Todd) (Entered:
                           07/06/2009)
 07/06/2009             97 Statement and Certification Regarding Efforts to
                           Resolve Discovery Dispute by BARRY EPPLEY,
                           MD, DMD. (Richardson, Todd) (Entered:
                           07/06/2009)
 07/15/2009             98 ORDER Denying re 72 MOTION for Sanctions filed
                           by LUCILLE IACOVELLI for the reasons stated in
                           open court during the hearing of 7/1/09. Defendant
                           shall have through the close of business on
                           Wednesday, July 22, 2009, to respond to plaintiff's
                           Motion to Compel. (S.O.) cm. Signed by Judge
                           Sarah Evans Barker on 7/15/2009.(MAC) (Entered:
                           07/16/2009)
 07/16/2009             99 Submission of Proposed Order Granting Final
                           Injunctive Relief, filed by Plaintiff BARRY
                           EPPLEY, MD, DMD. (Attachments: # 1 Text of
                           Proposed Order)(Richardson, Todd) (Entered:
                           07/16/2009)
 07/16/2009           100 AFFIDAVIT re 99 Submission of Proposed Order
                          Granting Final Injunctive Relief by BARRY
                          EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A -
                          Email From Rich Bergeron sent May 14, 2009, # 2
                          Exhibit B -- Email From Rich Bergeron Sent June 6,
                          2009, # 3 Exhibit C -- Email From Lucille Iacovelli
                          Sent June 18, 2009, # 4 Exhibit D -- Email From



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                             Lucille Iacovelli Sent June 22, 2009, # 5 Exhibit E --
                             Email From Rich Bergeron Sent June 24, 2009, # 6
                             Exhibit F -- Email from Rich Bergeron Sent June 30,
                             2009)(Richardson, Todd) (Entered: 07/16/2009)
 07/16/2009           101 AFFIDAVIT in Support of Plaintiff's Submission of
                          Proposed Order Granting Final Injunctive Relief by
                          BARRY EPPLEY, MD, DMD. (Attachments: # 1
                          Exhibit A -- Printout From Awfulplasticsurgery.com,
                          # 2 Exhibit B -- Printout
                          FromBarryeppleyplasticsurgeon.com, # 3 Cover
                          Sheet for Sealed Document B-1
                          Barryepplyplasticsurgeon.com document printout, #
                          4 Exhibit C -- Printout From
                          Cosmeticsurgeryuglyside.blogspot.com, # 5 Exhibit
                          D -- Printout From Eppleylawsuit.blogspot.com, # 6
                          Exhibit E -- Printout From
                          Lucilleiacovellieye.blogspot.com, # 7 Exhibit F --
                          Printout From Complaintsboard.com, # 8 Exhibit G -
                          - Printout From Consumers2consumers.com, # 9
                          Exhibit H -- Printout From
                          Eppleyplasticsurgerysucks.com, # 10 Exhibit I --
                          Printot From Picasaweb.google.com, # 11 Exhibit J -
                          - Printout From Lewis-Kappessucks.com, # 12
                          Exhibit K -- Printout From Loosingface.net, # 13
                          Exhibit L -- Printout From Losingface.org, # 14
                          Exhibit M -- Printout From
                          Luciacovelli.multiply.com, # 15 Exhibit N -- Printout
                          From Losingface.multiply.com, # 16 Cover Sheet for
                          Sealed Document O -- Printout From
                          Blogs.myspace.com, # 17 Exhibit P -- Printout From
                          Suckssite.ning.com, # 18 Cover Sheet for Sealed
                          Document Q -- Printout From
                          Unlimitedfightnews.com/wordpress, # 19 Exhibit R -
                          - Printout From Veoh.com, # 20 Exhibit S -- Printout
                          From Vimeo.com, # 21 Exhibit T -- Printout From
                          youtube.com)(Richardson, Todd) (Entered:
                          07/16/2009)



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 07/16/2009           102 AFFIDAVIT re 99 Submission of Proposed Order
                          Granting Final Injunctive Relief by BARRY
                          EPPLEY, MD, DMD. (Attachments: # 1 Exhibit A-a
                          -- Printout From Losingface.net Part 1 of 5, # 2
                          Cover Sheet for Sealed Document A-b -- Printout
                          From Losingface.net part 2 of 5, # 3 Exhibit A-c --
                          Printout From Losingface.net Part 3 of 5, # 4 Exhibit
                          A-d -- Prinout From Losingface.net Part 4 of 5, # 5
                          Exhibit A-e -- Printout From Losingface.net Part 5 of
                          5, # 6 Exhibit A-1 -- Printout From Losingface.net
                          Documents, # 7 Cover Sheet for Sealed Document
                          B-a -- Printout From Plasticdisaster.wordpress.com
                          Part 1 of 2, # 8 Exhibit B-b -- Printout From
                          Plasticdisaster.wordpress.com Part 2 of 2, # 9
                          Exhibit C -- Printout From
                          Luciacovelli.wordpress.com, # 10 Cover Sheet for
                          Sealed Document D-a -- Printout From
                          Cosmeticsurgeryuglyside.blogspot.com Part 1 of 3, #
                          11 Exhibit D-b -- Printout From
                          Cosmeticsurgeryuglyside.blogspot.com Part 2 of 3, #
                          12 Exhibit D-c -- Printout From
                          Cosmeticsurgeryuglyside.blogsport.com Part 3 of 3,
                          # 13 Exhibit E -- Printout From
                          Awfulplasticsurgery.com, # 14 Exhibit F -- Printout
                          From Lucilleiacovelli.blogspot.com, # 15 Exhibit G -
                          - Printout From Lucilleiacovellieye.blogspot.com, #
                          16 Exhibit H-a -- Printout From
                          Luciacovelli.livejournal.com Part 1 of 2, # 17
                          Exhibit H-b -- Printout From
                          Luciacovelli.lifejournal.com Part 2 of 2, # 18 Exhibit
                          Exhibit I -- Printout From Youtube.come, # 19
                          Exhibit J -- Printout From Photobucket.com, # 20
                          Exhibit K -- Printout From Picasaweb.google.com, #
                          21 Exhibit L -- Printout From Helium.com, # 22
                          Exhibit M -- Printout From Zimbio.com, # 23
                          Exhibit N -- Printout From Myspace.com, # 24
                          Exhibit O -- Printout From Thesqueakywheel.com, #
                          25 Cover Sheet for Sealed Document P -- Printout


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                             From Funny.godiggs.com, # 26 Cover Sheet for
                             Sealed Document Q -- Printout From Video.aol.com,
                             # 27 Cover Sheet for Sealed Document R -- Printout
                             From Losingface.multiply.com)(Richardson, Todd)
                             (Entered: 07/16/2009)
 07/16/2009           103 MOTION for Extension of Time to 30 days from
                          date of order on show cause in which to 53 EntrySet
                          Deadlines, filed by Plaintiff BARRY EPPLEY, MD,
                          DMD. (Attachments: # 1 Text of Proposed Order)
                          (Richardson, Todd) (Entered: 07/16/2009)
 07/23/2009           104 ORDER of USCA as to 58 Notice of Appeal filed by
                          LUCILLE IACOVELLI - We remand this case for
                          the limited purpose of allowing the judge to provide
                          this court with a more detailed explanation about
                          why her service on the Clarian Hospital Board would
                          not cause a reasonable, well-informed observer to
                          question her impartiality. See CIR. R. 50. The judge
                          is requested to provide a statement within 21 days of
                          receipt of this order. (TMA) (Entered: 07/23/2009)
 07/28/2009           105 ORDER granting plaintiff's 103 Motion for
                          Extension of Time to File Motions for Summary
                          Judgment to a date up to and including 30 days from
                          the date upon which this Court enters an Order on
                          plaintiff's Motion to Show Cause cm. Signed by
                          Judge Sarah Evans Barker on 7/28/2009. (MAC)
                          (Entered: 07/29/2009)
 07/29/2009           106 NOTICE (Verified) of Receipt of Documents Mailed
                          by Defendant, filed by Plaintiff BARRY EPPLEY,
                          MD, DMD (Richardson, Todd) (Entered:
                          07/29/2009)
 07/30/2009           107 Notice of Filing of Response to Limited Remand -
                          The undersigned's response to the limited remand in
                          09-2642 of July 21, 2009 is being placed on the
                          docket in this action. It shall be sent to the Clerk of
                          the Court of Appeals with a copy of this Entry and



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                             shall likewise be sent to the parties. Signed by Judge
                             Sarah Evans Barker on 7/30/09. c/m (TMA)
                             (Entered: 07/30/2009)
 07/30/2009           108 Verified Response of Presiding District Court Judge
                          to Order of July 21, 2009. (See Response) Signed by
                          Judge Sarah Evans Barker on 7/30/09. c/m (TMA)
                          (Entered: 07/30/2009)
 08/07/2009           109 NOTICE of FILING of OFFICIAL TRANSCRIPT
                          of Proceedings held before Judge Sarah Evans
                          Barker on 07/01/09. (Howie-Walters, Laura)
                          (Entered: 08/07/2009)
 08/07/2009           110 TRANSCRIPT of Proceedings held on 07/01/09,
                          before Judge Sarah Evans Barker. Court
                          Reporter/Transcriber Laura Howie-Walters,
                          Telephone number (317) 632-3422. Transcript may
                          be viewed at the court public terminal or purchased
                          through the Court Reporter/Transcriber before the
                          deadline for Release of Transcript Restriction. After
                          that date it may be obtained through PACER.
                          Redaction Statement due 8/28/2009. Release of
                          Transcript Restriction set for 11/5/2009. (Howie-
                          Walters, Laura) Released on 11/9/2009 (TLH).
                          (Entered: 08/07/2009)
 08/10/2009           111 BRIEF Opposing Proposed Permanent Injunction
                          Order, filed by Plaintiff BARRY EPPLEY, MD,
                          DMD. c/s (MAC) (Entered: 08/11/2009)
 10/22/2009           113 ENTRY Directing further proceedings; the plaintiff
                          shall have to 11/3/09, in which to supplement the
                          evidentiary showing made on 7/1/09. (S.E.) cm.
                          Signed by Judge Sarah Evans Barker on 10/23/2009.
                          (MAC) (Entered: 10/23/2009)
 11/03/2009           114 Submission, filed by Plaintiff BARRY EPPLEY,
                          MD, DMD. (Attachments: # 1 Affidavit of Joseph P.
                          Rompala, # 2 Exhibit A to Affidavit of Joseph P.



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                             Rompala, # 3 Exhibit B to Affidavit of Joseph P.
                             Rompala, # 4 Exhibit C to Affidavit of Joseph P.
                             Rompala, # 5 Exhibit D to Affidavit of Joseph P.
                             Rompala, # 6 Exhibit E to Affidavit of Joseph P.
                             Rompala, # 7 Exhibit F-1 to Affidavit of Joseph P.
                             Rompala, # 8 Exhibit F to Affidavit of Joseph P.
                             Rompala, # 9 Exhibit G-1 to Affidavit of Joseph P.
                             Rompala, # 10 Exhibit G to Affidavit of Joseph P.
                             Rompala, # 11 Exhibit H To Affidavit of Joseph P.
                             Rompala, # 12 Exhibit I to Affidavit of Joseph P.
                             Rompala, # 13 Exhibit J to Affidavit of Joseph P.
                             Rompala, # 14 Exhibit K to Affidavit of Joseph P.
                             Rompala)(Richardson, Todd) (Entered: 11/03/2009)
 12/02/2009           115 ORDER - Finding Defendant and Others in
                          Contempt, Directing the Imposition of Sanctions,
                          Granting Motion to Compel, and Denying Motion
                          for Discovery Sanctions granting 51 Motion;
                          denying 81 Motion for Sanctions; granting 96
                          Motion to Compel; granting 18 Motion (S.O.) cm.
                          Signed by Judge Sarah Evans Barker on 12/2/2009.
                          (MAC) (Entered: 12/02/2009)
 12/09/2009           116 Supplemental MOTION for Extension of Time to 30
                          days from date of future order of court or, in the
                          alternative, March 2, 2010 for Submission of Motion
                          for Summary Judgment, filed by Plaintiff BARRY
                          EPPLEY, MD, DMD. (Attachments: # 1 Text of
                          Proposed Order)(Richardson, Todd) (Entered:
                          12/09/2009)
 12/10/2009           117 ORDER granting 116 Motion for Extension of Time
                          to File Motion for Summary Judgment to 30 days
                          from the date of the Court's next order as referenced
                          in the Court's 12/2/09 Entry, or in the alternative, if
                          no such order is issued, Dispositive Motions due by
                          3/2/2010. signed by Judge Sarah Evans Barker on
                          12/10/2009. (MAC) (Entered: 12/11/2009)




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 12/15/2009           118 THIRD AFFIDAVIT by LUCILLE IACOVELLI. c/s
                          (MAC) (Entered: 12/16/2009)
 12/15/2009           119 BRIEF in support re 118 Third Affidavit, filed by
                          Defendant LUCILLE IACOVELLI. c/s (MAC)
                          (Entered: 12/16/2009)
 12/22/2009           120 ENTRY regarding defts filing of 12/15/09 and
                          NOTICE that the pltf shall have through 12/31/09 to
                          reply cm Signed by Judge Sarah Evans Barker on
                          12/22/2009.(CBU) (Entered: 12/23/2009)
 12/28/2009           121 NOTICE of Filing by LUCILLE IACOVELLI c/s
                          (CBU) (Entered: 12/29/2009)
 12/28/2009           122 NOTICE OF APPEAL as to 115 Order on
                          MotionOrder on Motion for SanctionsOrder on
                          Motion to Compel filed by Defendant LUCILLE
                          IACOVELLI (CBU) (Entered: 12/29/2009)
 12/28/2009           123 DOCKETING STATEMENT by LUCILLE
                          IACOVELLI re 122 Notice of Appeal (CBU)
                          (Entered: 12/29/2009)
 12/28/2009           124 USCA Appeal Fees received $ 105.00 receipt
                          number IP016084 re 122 Notice of Appeal filed by
                          LUCILLE IACOVELLI (CBU) (Entered:
                          12/29/2009)

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




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DOCUMENT INFO
Description: Judge Sarah Evans Barker, Dr. Barry Eppley, and Attorney Todd Richardson, of Lewis & Kappes are perpetuating an ongoing injustice in the Indiana federal courts designed to punish a disabled victim of poor plastic surgery for speaking the truth. These are the documents that outline this deceptive and malicious campaign to silence one of Dr. Eppley's most outspoken critics. Please go to www.suckssite.com to learn more.