Munro v. InfoCision, Inc. et al
| Franklin DeJulius and Broock Munro |
| InfoCision Management Corporation, InfoCision, Inc. and IMC |
| 1:2012cv02979 |
| December 4, 2012 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2013. A more recent docket listing may be available from PACER.
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| Filing 39 Stipulated Dismissal with prejudice approved by Judge James S. Gwin on 6/28/13. (Related Doc. #38 ) (M,G) |
| Filing 38 Proposed Stipulation of Dismissal with Prejudice filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
Filing 37
Scheduling Order signed by Judge James S. Gwin on 6/7/13. The Court, having been advised that a settlement has not been reached, assigns the following schedule related to trial: class certification discovery due 7/8/13 with motions to be filed by 7/15/13, responses by 7/29/13 and replies by 8/5/13. Dispositive discovery due by 11/5/13 with motions to be filed by 11/12/13, responses by 11/26/13 and replies by 12/3/13. Status conference set for 8/30/13 at 9:00 a.m., Chambers 18A (Cleveland). Plaintiffs shall identify experts by 7/29/13 and defendants shall make identification by 8/19/13. All discovery due by 1/7/14. Final pretrial conference set for 2/5/14 at 12:00 noon, Chambers 18A (Cleveland). Jury trial is assigned for 2/10/14 at 8:00 a.m., Courtroom 18A (Cleveland) on a two-week standby basis. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes at the status conference and the final pretrial conference. (M,G)
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| Filing 36 Notice of Failure to Reach a Settlement Agreement filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
| IMPORTANT: Remark: The Court, awaiting the settlement agreement and proposed dismissal in this case, cancels the status conference set for 5/15/13. (M,G) |
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Order [non-document] entered by Judge James S. Gwin on 5/1/13. Pursuant to the joint motion filed by the parties in related Case No. 1:12cv02770 the parties shall have until 5/31/13 to file their settlement agreement and proposed dismissal in this and the related case. (M,G)
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| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. Mediation Conference was held on 4/2/2013. In attendance were: Attorneys Tom Connick and Edward Cochran for the Plaintiffs and Plaintiffs Brock Munro and Franklin DeJulius; Attorneys Terry Brennan, Brett Wall, Sam Camardo and Michael Meuti for the Defendant and Defendant Representatives Steve Brubaker and David Hamrick. Case settled. Plaintiffs will conduct confirmatory deposition of InfoCision CFO no later than Friday, April 19, 2013. Parties will file Rule 23(e) motion for court approval of settlement and voluntary dismissal on or before April 30, 2013. Referral Terminated (Court Reporter: Heidi Geizer.) Time: 8 hours. |
| Filing 35 Joint Proposed Stipulation Regarding Motions to Dismiss and Strike filed by All Defendants. Related document(s) #11 , #31 , #9 .(Brennan, Terry) |
| Filing 34 Answer to #31 Amended complaint filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
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Filing 33
Order rescheduling the mediation conference for 4/2/2013 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Parties are to comply with the dates listed within this order. Signed by Magistrate Judge Kenneth S. McHargh on 3/22/13. (R,N)
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Order [non-document] entered by Judge James S. Gwin on 3/22/13 that the settlement conference scheduled for 4/2/13 will be conducted by Magistrate Judge Kenneth S. McHargh. Counsel will receive further instructions from the Magistrate Judge. (M,G) Modified text to correct typo and regenerated NEF on 3/22/2013. (M,G)
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| IMPORTANT: Notice [non-document] that a settlement conference has been scheduled for 4/2/13 at 8:30 a.m., Courtroom 18A (Cleveland) before Judge James S. Gwin. Counsel, parties and individuals with full settlement authority are required to attend. (Related Doc. #32 ) (M,G) |
| Filing 32 Joint Motion for conference/hearing filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
| Filing 31 First Amended complaint for damages against All Defendants and adding new party plaintiff(s) Franklin DeJulius. Filed by Broock Munro. (Connick, Thomas) |
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Filing 30
Order setting mediation conference for 5/2/2013 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Parties are to comply with the dates listed within this Order. Signed by Magistrate Judge Kenneth S. McHargh on 3/14/13. (R,N)
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Filing 29
Marginal Entry Order signed by Judge James S. Gwin on 3/14/13 granting plaintiff's motion to file amended complaint; amended complaint to be filed upon receipt of the marginal entry order. (Related Doc. #24 ) (M,G)
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Filing 28
Order signed by Judge James S. Gwin on 3/13/13 referring this case and related case 1:12cv02770 to Magistrate Judge Kenneth S. McHargh for Mediation near the end of April, 2013, as schedules permit. (M,G)
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Filing 27
Order signed by Judge James S. Gwin on 3/13/13 that plaintiff identify experts by 4/29/13 and defendant shall make identification by 5/20/13. (M,G)
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Filing 26
Case Management Conference Plan/Order signed by Judge James S. Gwin on 3/13/13. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 3/12/13. Preliminary discovery due by 8/5/13. Dispositive motions to be filed by 8/12/13 with responses due by 8/26/13 and replies due 9/3/13. All discovery due by 10/21/13. Status conference set for 5/15/13 at 12:00 noon and final pretrial conference set for 11/5/13 at 12:00 noon, both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 11/12/13 at 8:00 a.m., Courtroom 18A (Cleveland). Class certification discovery due by 5/27/13. Class certification motions to be filed by 6/3/13 with responses due 6/17/13 and replies due 6/24/13. (M,G)
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| Filing 25 Minutes of case management conference before Judge James S. Gwin on 3/12/13. (Court Reporter: none; Time: 21 min.) (M,G) |
| Filing 24 Motion to amend complaint filed by Plaintiff Broock Munro. (Attachments: #1 Exhibit A - Plaintiffs' First Amended Class Action Complaint for Damages)(Connick, Thomas) |
| Filing 23 Reply to response to #9 Motion to dismiss for failure to state a claim filed by All Defendants. (Brennan, Terry) |
| IMPORTANT: Notice [non-document] that upon oral request of counsel and pursuant to agreement on the date, the case management conference is rescheduled from 3/14/13 to 3/12/13 at 4:00 p.m., Chambers 18A (Cleveland) before Judge James S. Gwin. (M,G) |
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Order [non-document] entered by Judge James S. Gwin on 3/6/13 granting the motion of Defendant InfoCision for a continuance of the case management conference. The conference is reset for 3/14/13 at 9:00 a.m., Chambers 18A (Cleveland). (Related Doc. #21 ) (M,G). Modified on 3/8/2013 to correct document number to 0, non-document order (H,SP).
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| Filing 22 Reply to response to #11 Motion to strike the class allegations in Plaintiff's Complaint filed by InfoCision Management Corporation, InfoCision, Inc.. (Wall, Brett) |
| Filing 21 Motion To Reschedule Case Management Conference or To Excuse Party's Absence filed by InfoCision Management Corporation, InfoCision, Inc.. (Attachments: #1 Exhibit 1 - Ohio.com Newspaper Article)(Brennan, Terry) |
| Filing 20 Opposition to #18 Motion for This Honorable Court to Take Judicial Notice of Adjudicative Facts filed by All Defendants. (Brennan, Terry) |
| IMPORTANT: Notice [non-document] that the 3/7/13 case management conference is returned to the originally scheduled time of 12:15 p.m., in Chambers 18A (Cleveland) before Judge James S. Gwin. The chance in time is necessary to conduct the conference in this case at the same time as the conference in related case 1:12cv02770. (M,G) |
| Filing 19 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Brennan, Terry) |
| IMPORTANT: Notice [non-document] the the 3/7/13 case management conference is rescheduled, as to time only, and will be held at 1:30 p.m., on 3/7/13 in Chambers 18A (Cleveland) before Judge James S. Gwin. (Related Doc. #14 ) (M,G) |
| Filing 18 Motion for This Honorable Court to Take Judicial Notice of Adjudicative Facts filed by Plaintiff Broock Munro. (Attachments: #1 Appendix 1 - Adjudicative Facts Obtained from Ohio Attorney General's Office)(Connick, Thomas) |
| Filing 17 Opposition to #11 Motion to strike the class allegations in Plaintiff's Complaint filed by Broock Munro. (Connick, Thomas) |
| Filing 16 Opposition to #9 Motion to dismiss for failure to state a claim filed by Broock Munro. (Connick, Thomas) |
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Order [non-document] entered by Judge James S. Gwin on 2/1/13 granting plaintiff's motion for extension of time until 2/20/13 to file response to motion to dismiss. (Related Doc. #15 ) (M,G)
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| Filing 15 Motion for extension of time until 2-20-2013 to file response to #9 Motion to dismiss for failure to state a claim filed by Plaintiff Broock Munro (Related document(s) #9 ). (Connick, Thomas) Modified text on 1/31/2013 (H,SP). |
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Order [non-document] entered by Judge James S. Gwin on 1/24/13 granting plaintiff's motion for extension of time until 2/20/13 to file response to motion to strike class action allegation. (Related Doc. #12 ) (M,G)
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Filing 14
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 1/23/13 setting a conference for 3/7/13 at 12:15 p.m., Chambers 18A (Cleveland). (M,G)
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| Filing 13 Magistrate Consent Package issued 1/23/13 on behalf of Judge James S. Gwin. (M,G) |
| Filing 12 Motion for extension of time until February 20, 2013 to file response to #11 Motion to strike the class allegations in Plaintiff's Complaint filed by Plaintiff Broock Munro (Related document(s) #11 ). (Connick, Thomas) Modified text on 1/22/2013 (H,SP). |
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Order [non-document] entered by Judge James S. Gwin on 1/15/13 granting the motion for admission pro hac vice of Attorney M. Errol Copilevitz on behalf of defendants. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc. #8 ) (M,G)
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| Filing 11 Motion to strike the class allegations in Plaintiff's Complaint filed by InfoCision Management Corporation, InfoCision, Inc.. (Attachments: #1 Brief in Support)(Wall, Brett) |
| Filing 10 Answer to Complaint with Jury Demand filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
| Filing 9 Motion to dismiss for failure to state a claim filed by InfoCision Management Corporation, InfoCision, Inc.. (Attachments: #1 Brief in Support)(Brennan, Terry) |
| Filing 8 Motion for attorney M. Errol Copilevitz to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5770384, filed by InfoCision Management Corporation, InfoCision, Inc. (Attachments: #1 Exhibit A - Affidavit of Good Standing, #2 Exhibit B - Certificate of Good Standing over 30 days old)(Wall, Brett) Modified exhibit text on 1/10/2013 (G,CA). |
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Filing 7
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge James S. Gwin for all further proceedings. Granting #6 Unopposed Motion to reassign case to Judge James S. Gwin filed by InfoCision Management Corporation, InfoCision, Inc. Signed by Judge Solomon Oliver, Jr on 12/26/2012. (D,M)
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| Judge James S. Gwin assigned to case. Judge Solomon Oliver, Jr terminated. (C,B) |
| Filing 6 Unopposed Motion to reassign case to Judge James S. Gwin filed by InfoCision Management Corporation, InfoCision, Inc.. (Attachments: #1 Brief in Support)(Brennan, Terry) |
| Filing 5 Unopposed Motion for extension of time until January 10, 2013 to answer filed by InfoCision Management Corporation, InfoCision, Inc.. (Brennan, Terry) |
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Order [non-document] granting #5 Defendants' Motion for Extension of Time to Answer. Defendants InfoCision Management Corporation and InfoCision, Inc's answers due 1/10/2013. Approved by Judge Solomon Oliver, Jr on 12/7/2012.(D,M)
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| Filing 4 Magistrate Consent Form issued. (C,BA) |
| Filing 3 Corporate Disclosure Statement filed by InfoCision Management Corporation. (Brennan, Terry) |
| Filing 2 Corporate Disclosure Statement filed by InfoCision, Inc.. (Brennan, Terry) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 12 794432 with jury demand, Filing fee $ 350, receipt number 0647-5716735. Filer has indicated that case may be related to pending civil action 12-cv-02770. Filed by InfoCision Management Corporation, InfoCision, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summonses, #3 Civil Cover Sheet) (Brennan, Terry) |
| Judge Solomon Oliver, Jr assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,BA) |
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