Ohio Southern District Court Records

(#10) MOTION FOR EXTENSION OF TIME BY PLAINTIFF GREG MALENDA. (ATTACHMENTS: #1 ENVELOPE) (EW) (ENTERED: 03/15/2019)

(#9) ORDER DENYING WITHOUT PREJUDICE #7 MOTION FOR REQUEST OF SUBPOENA AND #8 MOTION FOR REQUEST OF INJUNCTION. AMENDED COMPLAINT DUE WITHIN 7 DAYS. SIGNED BY MAGISTRATE JUDGE KIMBERLY A. JOLSON ON 3/12/2019. (EW)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 03/12/2019)

(#11) RESPONSE IN OPPOSITION RE #7 FIRST MOTION TO DISMISS FILED BY PLAINTIFFS THIRD MILLENNIUM MATERIALS MANAGEMENT, LLC, THIRD MILLENNIUM MATERIALS, LLC. (SCHNEIDER, KEITH) (ENTERED: 03/13/2019)

(#10) AMENDED COMPLAINT AGAINST AEROSPACE BUSINESS DEVELOPMENT ASSOCIATES, INC., WILBURN L. BAKER, MICHAEL D. BRAYDICH, DAVID G COUCH, FAWN E COUCH, HARRY COUCH, COUCH MANAGEMENT ENTERPRISES, LLC, GDC INDUSTRIES, LLC, LOUIS A LUEDTKE, SANDY MUNRO, MUNRO & ASSOCIATES, INC., ROGER SCHERER, STEPHANIE SCHERER, FILED BY THIRD MILLENNIUM MATERIALS MANAGEMENT, LLC, THIRD MILLENNIUM MATERIALS, LLC. (SCHNEIDER, KEITH) (ENTERED: 03/12/2019)

(#18) REPORT AND RECOMMENDATIONS RE #2 DEFENDANT WHITEWATER FREIGHT, INC.'S MOTION TO STAY DISCOVERY AND DISSOLVE STATE COURT ORDER, #10 PLAINTIFF'S MOTION TO REMAND. IT IS RECOMMENDED THAT: (1) TOTAL QUALITY LOGISTIC'S MOTION TO REMAND THIS CASE TO STATE COURT FOR LACK OF FEDERAL JURISDICTION #10 SHOULD BE GRANTED AND THIS CASE SHOULD BE REMANDED; (2) WHITEWATER FREIGHT'S MOTION TO STAY DISCOVERY AND DISSOLVE THE STATE COURT ORDER #2 SHOULD BE DENIED WITHOUT PREJUDICE TO RENEW THAT MOTION IN THE STATE COURT FOLLOWING REMAND. OBJECTIONS TO R&R DUE BY 3/19/2019. SIGNED BY MAGISTRATE JUDGE STEPHANIE K. BOWMAN ON 3/5/2019. (KM) (ENTERED: 03/05/2019)

(#17) REPLY TO RESPONSE TO MOTION RE #10 MOTION TO REMAND FILED BY PLAINTIFF TOTAL QUALITY LOGISTICS, LLC. (ATTACHMENTS: #1 DECLARATION OF MICHAEL ROBERTS) (ROBERTS, MICHAEL) (ENTERED: 02/21/2019)

(#12) MOTION TO STAY LITIGATION AND TO COMPEL ARBITRATION BY DEFENDANT GEILER COMPANY, INC.. (SURREY, MICHAEL). ADDED MOTION TO COMPEL ON 2/26/2019 (EH). (ENTERED: 02/25/2019)

RESET PER DOC. #11 DEADLINES: GEILER COMPANY, INC. ANSWER DUE 2/25/2019. (EH) (ENTERED: 02/13/2019)

(#9) SUMMONS RETURNED UNEXECUTED AS TO PRESTIGE AUDIO VISUAL, INC.. (BJC) (ENTERED: 03/13/2019)

(#8) CERTIFICATE OF MAILING: A SUMMONS AND COMPLAINT HAVE BEEN SENT VIA CERTIFIED MAIL BY THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO ON FEBRUARY 27, 2019. (ATTACHMENTS: #1 CERTIFIED MAIL RECEIPT) (JLW) (ENTERED: 02/27/2019)

(#8) CLERK'S JUDGMENT. SIGNED ON 2/6/19. (KMA)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 02/06/2019)

(#7) DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #5 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. #6 ); DISMISSING PETITION WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. SIGNED BY JUDGE WALTER H. RICE ON 2/6/19. (KMA)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 02/06/2019)

(#16) USCA CASE NUMBER 19-3189 FOR #14 NOTICE OF APPEAL FILED BY SONTAY T. SMOTHERMAN, R. (PB) (ENTERED: 03/14/2019)

SET DEADLINES PURSUANT TO #15 : DEFICIENCY DEADLINE BY 3/25/2019. (EW) (ENTERED: 03/12/2019)

(#13) NOTICE BY PLAINTIFF OHIO VALLEY BANK COMPANY THE RE #12 RESPONSE IN OPPOSITION TO MOTION,,,,, OF CORRECTION REGARDING EXHIBIT M (ATTACHMENTS: #1 EXHIBIT EXHIBIT M - BANKINGTECH REPORT) (RICHARDSON, ERIC) (ENTERED: 03/18/2019)

(#12) RESPONSE IN OPPOSITION RE #8 MOTION TO DISMISS FOR LACK OF JURISDICTION FILED BY PLAINTIFF OHIO VALLEY BANK COMPANY THE. (ATTACHMENTS: #1 SUPPLEMENT DECLARATION OF LARRY MILLER, #2 EXHIBIT A - LODGE EMAIL 6-6-16, #3 EXHIBIT B -LODGE EMAIL 6-7-16, #4 EXHIBIT C - MILLER EMAIL 6-8-16, #5 EXHIBIT D - LODGE EMAIL 6-16-16, #6 EXHIBIT E - MILLER EMAIL 6-23-16, #7 EXHIBIT F - LODGE EMAIL 6-24-16, #8 EXHIBIT G - LODGE EMAIL 6-16-16, #9 EXHIBIT H - GEDNALSKE EMAIL 6-17-16, #10 EXHIBIT I - GEDNALSKI EMAIL 9-9-16, #11 EXHIBIT J - REFUND ADVANTAGE EROS, #12 EXHIBIT K - ATM PHOTO, #13 EXHIBIT L - ATM PHOTO, #14 EXHIBIT M - BANKINGTECH REPORT, #15 EXHIBIT N - REFUND ADVANTAGE WEBSITE, #16 EXHIBIT O - 2017 ANNUAL REPORT, #17 EXHIBIT P - 10-10-17 PRESS RELEASE, #18 EXHIBIT Q - FASTERMONEY AGREEMENT, #19 EXHIBIT R - FASTERMONEY AGREEMENT, #20 EXHIBIT S - 8-2-17 PRESS RELEASE, #21 EXHIBIT T - 12-3-18 PRESS RELEASE, #22 EXHIBIT U - JACKSON HEWITT WEBSITE, #23 EXHIBIT V - JACKSON HEWITT WEBSITE MAP, #24 EXHIBIT W - JACKSON HEWITT MAP, #25 EXHIBIT X - REFUND ADVANTAGE WEBSITE, #26 EXHIBIT Y - PDP WEBSITE, #27 EXHIBIT Z - PDP PRODUCT DISCLOSURE FORM) (RICHARDSON, ERIC) (ENTERED: 03/15/2019)

(#13) PRELIMINARY PRETRIAL ORDER: THE MARCH 28, 2019 PRELIMINARY PRETRIAL CONFERENCE IS VACATED. THIS CASE IS REFERRED TO THE SEPTEMBER 2019 SETTLEMENT WEEK. JOINDER OF PARTIES DUE BY 4/15/2019. MOTIONS TO AMEND DUE BY 4/15/2019. RULE 26(A)(1) DISCLOSURES DUE BY 4/30/2019. PRIMARY EXPERT DUE BY 6/3/2019. REBUTTAL EXPERT DUE BY 7/15/2019. DISCOVERY DUE BY 8/1/2019. DISPOSITIVE MOTIONS DUE BY 11/1/2019. SETTLEMENT DEMAND DUE BY 4/15/2019. RESPONSE TO SETTLEMENT DEMAND DUE BY 5/1/2019.. SIGNED BY MAGISTRATE JUDGE CHELSEY M. VASCURA ON 3/13/2019. (DAF) (ENTERED: 03/13/2019)

(#12) RULE 26(F) REPORT BY PLAINTIFF WARREN YAMARICK. (COOPER, CHARLES) (ENTERED: 03/12/2019)

(#8) ORDER : PLAINTIFF IS HEREBY DIRECTED TO FILE AN AMENDED COMPLAINT, WHICH MUST NOT EXCEED 20 PAGES IN LENGTH, SETTING FORTH IN CLEAR, SHORT AND CONCISE TERMS THE NAMES OF EACH DEFENDANT, THE SPECIFIC CLAIMS FOR RELIEF ATTRIBUTABLE TO EACH DEFENDANT, AND THE FACTUAL ALLEGATIONS SUPPORTING EACH SUCH CLAIM. AS REQUIRED BY S.D. OHIO LOCAL RULE 5.1, THE AMENDED COMPLAINT SHOULD BE LEGIBLE AND DOUBLE-SPACED. AS NOTED ABOVE, THE COMPLAINT MUST BE LIMITED TO ALLEGED VIOLATIONS OF PLAINTIFFS OWN FEDERAL RIGHTS.THE AMENDED COMPLAINT SUBMITTED IN COMPLIANCE WITH THE INSTRUCTIONS PROVIDED HEREIN MUST BE FILED WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF FILING OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE STEPHANIE K. BOWMAN ON 3/4/2019. (JLW)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 03/04/2019)

(#7) ORDER GRANTING #1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND ORDERING THE COLLECTION OF THE FULL FILING FEE. SIGNED BY MAGISTRATE JUDGE STEPHANIE K. BOWMAN ON 3/4/2019. (JLW)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 03/04/2019)

(#10) SUMMONS RETURNED EXECUTED AS TO DEFENDANTS LATRICIA LONG SERVED ON 2/15/2019, ANSWER DUE 3/8/2019; BEVERLY MONTGOMERY SERVED ON 2/15/2019, ANSWER DUE 3/8/2019; RANDY QUISENBERRY SERVED ON 2/15/2019, ANSWER DUE 3/8/2019. (EH) (ENTERED: 03/14/2019)

(#9) NOTICE TO PRO-SE PLAINTIFF REGARDING FILING A RESPONSE TO DEFENDANTS' #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (ART)(THIS DOCUMENT HAS BEEN SENT BY REGULAR MAIL TO THE PARTY(IES) LISTED IN THE NEF THAT DID NOT RECEIVE ELECTRONIC NOTIFICATION.) (ENTERED: 03/11/2019)

NOTATION ORDER SUSTAINING #8 MOTION TO DISMISS DEFENDANT MY 3 ANNS LLC. SIGNED BY JUDGE WALTER H. RICE ON 03/11/2019. (TP) (ENTERED: 03/11/2019)

(#8) JOINT MOTION TO DISMISS DEFENDANT MY 3 ANNS LLC BY DEFENDANTS MY 3 ANNS LLC, RED ROBIN INTERNATIONAL, INC.. (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER) (RIEMAN, MICHAEL) (ENTERED: 03/08/2019)

(#53) REPLY RE #51 NOTICE (OTHER) NOTICE OF RELATED CASE AND MOTION TO TRANSFER BY PLAINTIFFS OHIO NATIONAL LIFE ASSURANCE CORPORATION, THE OHIO NATIONAL LIFE INSURANCE COMPANY. (LITTLE, MARION) (ENTERED: 10/30/2020)

(#52) RESPONSE RE #51 NOTICE (OTHER) IN OPPOSITION OF RELATED CASE AND MOTION TO TRANSFER BY DEFENDANTS OPPENHEIMER & CO., INC., OPPENHEIMER LIFE AGENCY, LTD., COUNTER CLAIMANTS OPPENHEIMER & CO., INC., OPPENHEIMER LIFE AGENCY, LTD.. (ATTACHMENTS: #1 EXHIBIT A - CASE RELATED MEMORANDUM, #2 EXHIBIT B - VERITAS SUMMARY JUDGMENT DECISION, #3 EXHIBIT C - VERITAS NOTICE OF RELATED CASE) (STEIMLE, CHRISTEN) (ENTERED: 10/16/2020)

(#23) CORPORATE DISCLOSURE STATEMENT BY DEFENDANT BEIJING MEDICAL SCIENTIFIC CO. LTD. (DONNELLON, DANIEL) (ENTERED: 03/21/2019)

(#22) MEMORANDUM SUPPORTING #21 MOTION TO DISMISS FOR LACK OF JURISDICTION FILED BY DEFENDANTS BEIJING MEDICAL SCIENTIFIC CO. LTD, JIAN MENG. (ATTACHMENTS: #1 EXHIBIT A, #2 EXHIBIT B) (DONNELLON, DANIEL) MODIFIED TO CLARIFY DOCKET TEXT ON 3/22/2019 (JLW). (ENTERED: 03/21/2019)

(#6) OBJECTION TO DEFENDANT'S PETITION FOR REMOVAL BY PLAINTIFF MYCUMORTGAGE, LLC. (NIKLAS, CHRISTIAN) (ENTERED: 02/22/2019)

(#5) (COPY OF) ANSWER TO #4 COMPLAINT, FILED BY MONTGOMERY COUNTY TREASURER. (ORIGINALLY FILED IN THE MONTGOMERY COUNTY COMMON PLEAS COURT ON JULY 18, 2016, CASE NO. 2016 CV 03339). (JMB) (ENTERED: 01/29/2019)

(#11) ANSWER TO #7 AMENDED COMPLAINT OF DEFENDANT CERTIFIED FLOORING INSTALLATION, INC. FILED BY ALL DEFENDANTS. (WINTER, ROBERT) (ENTERED: 03/20/2019)

(#10) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR MOTION FOR SUMMARY JUDGMENT BY DEFENDANT CERTIFIED FLOORING INSTALLATION, INC.. (ATTACHMENTS: #1 SUPPLEMENT MEMORANDUM IN SUPPORT OF MOTION TO DISMISS ALL CLAIMS OF PLAINTIFF ANTHHONY COUCH, #2 EXHIBIT A - BANKRUPTCY PETITION, #3 EXHIBIT B - ORDER OF DISCHARGE, #4 EXHIBIT C - BANKRUPTCY CASE SUMMARY, #5 TEXT OF PROPOSED ORDER) (WINTER, ROBERT). ADDED MOTION FOR SUMMARY JUDGMENT AND MODIFIED DOCKET TEXT ON 3/21/2019 (SCT). (ENTERED: 03/20/2019)

(#13) ORDER GRANTING #11 MOTION FOR ADMISSION PRO HAC VICE OF JESSICA A.E. MCKINNEY. SIGNED BY JUDGE TIMOTHY S. BLACK ON 3/8/19. (RRS) (ENTERED: 03/08/2019)

(#12) ORDER GRANTING #10 MOTION FOR ADMISSION PRO HAC VICE OF JUSTIN J. JOHL. SIGNED BY JUDGE TIMOTHY S. BLACK ON 3/8/19. (RRS) (ENTERED: 03/08/2019)

NOTICE OF HEARING: PRELIMINARY PRETRIAL CONFERENCE IS SET FOR TUESDAY, MAY 7, 2019 AT 9:30 A.M. BEFORE JUDGE THOMAS M. ROSE. PARTIES SHALL CALL 1-888-684-8852, ENTER ACCESS CODE 1916636, ENTER SECURITY CODE 5072019 AND WAIT FOR THE COURT TO JOIN THE CONFERENCE.***PRIOR TO THE PRETRIAL CONFERENCE COUNSEL MUST COMPLY WITH THE MANDATORY DISCLOSURE RULES OF FED.R.CIV.P. 26(A)(1) AND THE MANDATORY, PRE-PRELIMINARY PRETRIAL CONFERENCE BETWEEN COUNSEL, REQUIRED BY FED.R.CIV.P. 26(F). NOTE: THE FORMAT FOR THE RULE 26(F) CONFERENCE BETWEEN COUNSEL AND THE REPORT TO THE COURT HAS BEEN ALTERED. THIS NEW FORM IS AVAILABLE ON LINE AND MUST BE UTILIZED IN THIS CASE. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. IN ALL CASES WITH CLASS ACTION ALLEGATIONS, THE PARTIES SHALL INCLUDE IN THEIR FED. R. CIV. P. 26(F) REPORT PROPOSED DEADLINES FOR COMPLETING DISCOVERY RELEVANT TO THOSE ALLEGATIONS AND FOR FILING A MOTION TO CERTIFY A CLASS, AND A PROPOSED DATE FOR CLASS ACTION DETERMINATION. PRETRIAL PROCEDURES AND FORMS CAN BE FOUND AT OUR WEBSITE AT WWW.OHSD.USCOURTS.GOV. (EP) (ENTERED: 03/15/2019)

(#9) ENTRY AND ORDER GRANTING #8 DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS FOR LACK OF JURISDICTION. SIGNED BY JUDGE THOMAS M. ROSE ON 3-14-2019. (DE) (ENTERED: 03/14/2019)

NOTATION ORDER SUSTAINING #13 PLAINTIFF'S MOTION TO REMAND TO STATE COURT. CASE TERMINATED. SIGNED BY JUDGE WALTER H. RICE ON 03/12/2019. (TP) (ENTERED: 03/12/2019)

(#13) MOTION TO REMAND TO STATE COURT BY PLAINTIFF JANET HILD. (BRANNON, DOUGLAS) (ENTERED: 02/27/2019)

(#11) SHORT FORM ANSWER TO #9 COMPLAINT WITH JURY DEMAND FILED BY C R BARD INC, DAVOL INC. (KLOSS, WILLIAM) (ENTERED: 02/08/2019)

(#10) NOTICE OF SUBSTITUTION OF COUNSEL - ALONZO J. HOLLOWAY SUBSTITUTING FOR TERRY RICHARDSON AND BRADY THOMAS AS TO PLAINTIFFS DAVID HARRISON, LYNN HARRISON. ASSOCIATED CASES: 2:18-MD-02846-EAS-KAJ ET AL. (HOLLOWAY, ALONZO) (ENTERED: 01/31/2019)