Elortegui v. Morgan's Foods, Inc. et al
| Enrique Elortegui |
| Morgan's Foods, Inc., Apex Restaurant Management, Inc., James Pappas, Jefferson Gramm, James Liguori, Marilyn Eisele, Bernard Lerner, Apex Brands Foods, Inc., Steven Kaufman and Jacob Saour |
| 1:2014cv01034 |
| May 12, 2014 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2014. A more recent docket listing may be available from PACER.
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Filing 20
Stipulation & Order of case dismissal with prejudice, each party shall bear his or its own costs and fees. Signed by Judge Solomon Oliver, Jr on 6/16/2014. (D,M)
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| Filing 19 Joint Proposed Stipulated Dismissal Under FRCP 41(a)(1) filed by Enrique Elortegui. (Rosenthal, James) Modified text on 6/12/2014 (S,HR). |
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Order [non-document] granting Motion to exceed page limitations (Related Doc #13 ). Approved by Judge Solomon Oliver, Jr on 5/28/2014.(D,M)
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Filing 18
Sealed Order denying #14 Plaintiff's Sealed Motion for Temporary Restraining Order. Signed by Judge Solomon Oliver, Jr on 5/21/2014. (D,M) Modified on 5/22/2014 (D,M).
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| Minutes of proceedings [non-document] before Judge Solomon Oliver, Jr.Telephone Conference held on 5/21/2014. (Court Reporter: George Staiduhar.)Time: 1 hour 5 minutes. (D,M) |
| Filing 17 Opposition to #14 SEALED Motion for Temporary Restraining Order and Preliminary Injunction #12 filed by Apex Brands Foods, Inc., Apex Restaurant Management, Inc.. (Attachments: #1 Exhibit A - Proxy Excerpts)(Searby, Edmund) |
| Filing 16 Opposition to #14 SEALED Motion for Temporary Restraining Order and Preliminary Injunction #12 filed by Morgan's Foods, Inc.. (Attachments: #1 Exhibit A: NACCO Industries, Inc. v. Applica Inc., #2 Exhibit B: Declaration of Kenneth L. Hignett, #3 Exhibit C: Calleros v. FSI International, Inc.)(Miller, Megan) Wrong s/ signature. Signed by John Q. Miller. Filer advised on 5/21/2014 (S,HR). |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jessica J. Sleater for Plaintiff Enrique Elortegui. 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 #10 ). Approved by Judge Solomon Oliver, Jr on 5/20/2014. (D,M)
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| IMPORTANT: Notice [non-document] of Telephonic Conference, on the record, set for 5/21/2014, at 11:00 AM before Judge Solomon Oliver Jr. regarding #14 sealed motion for temporary restraining order and preliminary injunction. The court will provide counsel with the instructions on accessing the court's bridge line, via e-mail. (D,M) Modified text on 5/21/2014 (S,HR). |
| Filing 15 SEALED Document: Declaration of Jessica J. Sleater in Support of Plaintiff's #14 Motion for a Temporary Restraining Order and Preliminary Injunction filed by Enrique Elortegui. Related document #12 . (Attachments: #1 Exhibit 1 - Proxy Statement, #2 Exhibit 2 - Confidentiality Agreement, #3 Exhibit 3 - Potential Bids, #4 Exhibit 4 - KFC's Letter, #5 Exhibit 5 - Brookwood Analysis, #6 Exhibit 6 - Complaint, #7 Exhibit 7 - In re Complete Genomics, #8 Exhibit 8 - In re Craftmade Int'l Inc. Shareholders Litigation, #9 Exhibit 9 - In re Ancestry.com Inc. Shareholder Litigation)(Rosenthal, James) Modified text on 5/20/2014 (S,HR). |
| Filing 14 SEALED Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Enrique Elortegui. (Related document #12 ). (Attachments: #1 Brief in Support, #2 Proposed Order) (Rosenthal, James). Modified text on 5/20/2014 (H,SP). |
| Filing 13 Motion for leave to exceed page limitations for Memorandum in Support of #14 Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Enrique Elortegui. (Rosenthal, James) Modified to add link on 5/20/2014 (S,HR). |
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Filing 12
Marginal Entry Order granting Plaintiff's Motion for Leave (Related Doc #9 ) to File Confidential Documents Under Seal. Signed by Judge Solomon Oliver, Jr on 5/19/2014. (D,M)
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Filing 11
Stipulated Protective Order. Signed by Judge Solomon Oliver, Jr on 5/19/2014. (D,M) ((S,HR). Case caption corrected to reflect Northern District and NEF regenerated to all parties on 5/20/2014 (S,HR).
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| Filing 10 Motion for attorney Jessica J. Sleater to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6549859, filed by Plaintiff Enrique Elortegui. (Attachments: #1 Affidavit of Jessica J. Sleater, #2 Proposed Order)(Rosenthal, James) Modified to remove double wording on 5/19/2014 (S,HR). |
| Filing 9 Motion for leave to file Confidential Documents Under Seal filed by Plaintiff Enrique Elortegui. (Attachments: #1 Exhibit Stipulated Protective Order)(Rosenthal, James) |
| Filing 8 Motion for entry of stipulated protective order filed by Plaintiff Enrique Elortegui. (Attachments: #1 Exhibit Stipulated Protective Order)(Rosenthal, James) Modified on 5/19/2014 (S,HR). |
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Order [non-document] granting Plaintiff's Motion for entry of Protective Order (Related Doc #8 ). Approved by Judge Solomon Oliver, Jr on 5/19/2014.(D,M)
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| Filing 7 Motion to dismiss for failure to state a claim filed by Apex Brands Foods, Inc., Apex Restaurant Management, Inc.. (Attachments: #1 Exhibit A - DeVries Dairy Certification Order, #2 Exhibit B - Proxy Excerpts)(Searby, Edmund) |
| Filing 6 Motion to dismiss for failure to state a claim the verified and class action complaint filed by Defendant Morgan's Foods, Inc. Related document(s) #1 . (Attachments: #1 Exhibit A: Henkel v. Aschinger, #2 Exhibit B: Definitive Proxy Statement of Morgan's Foods, Inc., #3 Exhibit C: Schedule 14A Cover Sheet to Preliminary Proxy Statement of Morgan's Foods, Inc.)(Lewis, John) Modified text on 5/16/2014 (S,HR). |
| Filing 5 Corporate Disclosure Statement filed by Apex Brands Foods, Inc.. (Searby, Edmund) |
| Filing 4 Corporate Disclosure Statement filed by Apex Restaurant Management, Inc.. (Searby, Edmund) |
| Filing 3 Corporate Disclosure Statement filed by Morgan's Foods, Inc.. (Lewis, John) |
| Filing 2 Magistrate Consent Form issued. (C,BA) |
| 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) |
| Notice by Clerk that Morgan's Foods, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (C,BA) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-14-825389 with jury demand, Filing fee $ 400, receipt number 0647-6540103. Filed by Morgan's Foods, Inc.. (Attachments: #1 Exhibit A: Verified Derivative and Class Action Complaint, #2 Exhibit B: Memorandum and Opinion: In re The Goodyear Tire & Rubber Co. Derivative Litigation, #3 Exhibit C: Record Shareholder List of Morgan's Foods, Inc., #4 Exhibit D: Copy of All Process, Service and Pleadings from State Court, #5 Civil Cover Sheet) (Lewis, John) |
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