Cleveland Thermal Steam Distribution, LLC v. Carlyle Leader, LLC et al
| Cleveland Thermal Steam Distribution, LLC |
| Carlyle Development Group, Inc., CDG Leader Corp. and Carlyle Leader, LLC |
| 1:2014cv02709 |
| December 11, 2014 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2015. A more recent docket listing may be available from PACER.
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| Filing 37 Stipulated dismissal with prejudice approved 6/10/15 by Judge James S. Gwin. (Related Doc. #36 ) (M,G) |
| Filing 36 Stipulated Notice of Dismissal Under FRCP 41(a)(1) With Prejudice filed by CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. (Proano, David) |
| Filing 35 Minutes of status conference before Judge James S. Gwin on 5/7/15. (Court Reporter: none; Time: 42 min.) (M,G) |
Filing 34
Opinion and Order signed by Judge James S. Gwin on 5/4/15. The Court grants in part and denies in part Defendants' motion to dismiss. Specifically, the motion to dismiss the agency claim pled in Count 3 is granted and the motion to dismiss the veil piercing claim pled in Count 2 is denied. (Related Docs. #11 , #23 ). (S,HR)
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| Filing 33 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. (Prabucki, Kenneth) |
| Filing 32 Reply in support of #23 Motion to dismiss Counts II and III of the Amended Complaint for failure to state a claim filed by CDG Leader Corp., Carlyle Development Group, Inc.. (Attachments: #1 Appendix Unreported Decisions Cited in Reply)(Proano, David) |
| Filing 31 Opposition to #23 Motion to dismiss Counts II and III of the Amended Complaint for failure to state a claim filed by Cleveland Thermal Steam Distribution, LLC. (Garritano, Christine) |
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Filing 30
Order signed by Judge James S. Gwin on 3/1/15 that plaintiff identify experts by 4/6/15 and defendants shall make identification by 4/27/15. (M,G)
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Filing 29
Case Management Conference Plan/Order signed by Judge James S. Gwin on 3/1/15. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 2/27/15. Preliminary discovery due by 5/18/15. Dispositive motions to be filed by 5/25/15 with responses due 6/8/15 and replies due 6/15/15. All discovery due by 8/3/15. Status conference set for 5/7/15 at 8:30 a.m., and final pretrial conference set for 9/2/15 at 4:00 p.m., both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 9/7/15 at 8:00 a.m., Courtroom 18A (Cleveland). Deposition time limit of 10 hours per side imposed. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
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| Filing 28 Minutes of case management conference before Judge James S. Gwin on 2/27/15. (Court Reporter: none; Time: 53 min.) (M,G) |
| Filing 27 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Mitchell, Richard) |
| Filing 26 Answer to #21 Amended complaint filed by Carlyle Development Group, Inc. (Proano, David) |
| Filing 25 Answer to #21 Amended complaint filed by CDG Leader Corp. (Proano, David) |
| Filing 24 Answer to #21 Amended complaint filed by Carlyle Leader, LLC. (Proano, David) |
| Filing 23 Motion to dismiss Counts II and III of the Amended Complaint for failure to state a claim filed by CDG Leader Corp., Carlyle Development Group, Inc. Related document(s) #21 . (Attachments: #1 Brief in Support - Memorandum in Support, #2 Appendix - Unreported Decisions Cited in the Memorandum in Support (In Order of Appearance))(Proano, David) Modified text on 2/18/2015 (S,HR). |
| Filing 22 Response to #11 Motion to dismiss Counts II & III of complaint filed by Cleveland Thermal Steam Distribution, LLC. (Garritano, Christine) Modified text on 2/10/2015 (P, S). |
| Filing 21 Amended complaint against CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. Filed by Cleveland Thermal Steam Distribution, LLC. (Attachments: #1 Exhibit Interruptible Steam Supply and Distribution Agreement, #2 Exhibit March 26, 2014 Letter to Carlyle Leader, LLC, #3 Exhibit June 24, 2014 Letter to Carlyle Leader, LLC, #4 Exhibit July 29, 2014 Letter to Carlyle Leader, LLC, #5 Exhibit August 12, 2014 Letter to Carlyle Leader, LLC, #6 Exhibit September 12, 2014 Letter to Carlyle Leader, LLC, #7 Exhibit Declaration of Thomas Fear, #8 Exhibit April 3, 2013 Letter to Cleveland Thermal, LLC, #9 Exhibit Answer and Affirmative Defenses of Defendants Carlyle Development Group, Inc., et al. in Case No. CV-13-816408, #10 Exhibit website page of Carlyle-USA.com) (Garritano, Christine) |
| Filing 20 Opposition to #18 Motion for leave to File Amended Complaint filed by CDG Leader Corp., Carlyle Development Group, Inc.. (Attachments: #1 Appendix Unreported Decision Cited in Opposition Brief)(Proano, David) |
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Order [non-document] entered by Judge James S. Gwin on 1/29/15 granting plaintiff's motion for leave to file an amended complaint and granting plaintiff's motion for a 10 day extension to respond to the motion to dismiss. The amended complaint shall be filed upon receipt of this non-document order. (Related Docs. #18 , #19 ) (M,G)
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| Filing 19 Motion for 10 day extension of time to respond to #11 motion to dismiss filed by Plaintiff Cleveland Thermal Steam Distribution, LLC. (Garritano, Christine) Modified text on 1/29/2015 (S,HR). |
| Filing 18 Motion for leave to File Amended Complaint filed by Plaintiff Cleveland Thermal Steam Distribution, LLC. (Attachments: #1 Exhibit Proposed Amended Complaint)(Garritano, Christine) |
| Filing 17 Corporate Disclosure Statement filed by Cleveland Thermal Steam Distribution, LLC. (Garritano, Christine) |
| Filing 16 Answer to Complaint (Related Doc #1 ) filed by Carlyle Development Group, Inc.. (Proano, David) |
| Filing 15 Answer to Complaint (Related Doc #1 ) filed by CDG Leader Corp.. (Proano, David) |
| Filing 14 Answer to Complaint (Related Doc #1 ) filed by Carlyle Leader, LLC. (Proano, David) |
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Filing 13
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 1/5/15 setting a conference for 2/27/15 at 10:00 a.m., Chambers 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
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| Filing 12 Magistrate Consent Package issued 1/5/15 on behalf of Judge James S. Gwin. (M,G) |
| Filing 11 Motion to dismiss Counts II & III of complaint for failure to state a claim filed by CDG Leader Corp., Carlyle Development Group, Inc. (Attachments: #1 Memorandum in Support, #2 Appendix of Unreported Decisions)(Proano, David) Modified text on 1/7/2015 (S,HR). |
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Order [non-document] entered by Judge James S. Gwin on 12/15/14 granting defendants' unopposed motion for extension of time to 1/15/15 to file answers to the complaint. There will be no further extensions. (Related Doc. #4 ) (M,G)
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| Filing 10 DUPLICATE FILING of #6 , #7 and #8 . Corporate Disclosure Statement filed by all defendants. (Proano, David) Modified to note duplicate filing and regenergated NEF on 12/15/14 (S,HR). |
| Filing 9 Notice of Service of Corporate Disclosure Statements filed by All Defendants. Related document(s) #7 , #6 , #8 .(Proano, David) |
| Filing 8 Corporate Disclosure Statement filed by Carlyle Development Group, Inc.. (Proano, David) |
| Filing 7 Corporate Disclosure Statement filed by CDG Leader Corp.. (Proano, David) |
| Filing 6 Corporate Disclosure Statement filed by Carlyle Leader, LLC. (Proano, David) |
| Filing 5 Memorandum in support of #4 Motion for 28 day extension of time to answer complaint filed by CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. (Proano, David) Modified text on 12/15/2014 (S,HR). |
| Filing 4 Unopposed Motion for a 28 day extension of the deadline for defendants to respond to complaint filed by CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. (Proano, David) Modified text on 12/15/2014 (S,HR). |
| Notice by Clerk that CDG Leader Corp., Carlyle Development Group, Inc., and Carlyle Leader, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR) |
| Filing 3 Magistrate Consent Form issued. (C,B) |
| Filing 2 Notice of Filing and Service of Notice of Removal filed by All Defendants. Related document(s) #1 .(Proano, David) |
| Filing 1 Notice of Removal from Court of Common Pleas, Cuyahoga County, Ohio, case number CV 14 835658 with jury demand, Filing fee $ 400, receipt number 0647-6868337.. Filed by CDG Leader Corp., Carlyle Development Group, Inc., Carlyle Leader, LLC. (Attachments: #1 Exhibit 1 - State Court Case Docket, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Summonses, #4 Exhibit 4 - Proofs of Delivery, #5 Exhibit 5 - Journal Entry, #6 Exhibit Declaration of Thomas Fear, #7 Civil Cover Sheet) (Proano, David) |
| Judge James S. Gwin assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Greg White. (C,B) |
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