Despres v. Moreno et al
| Despres and Gabriel W. Despres |
| Moreno, M15 Motors, Inc., M6 Motors, Inc., M1 Motors, Inc., Bernie Moreno Companies, M11 Motors, Inc., M17 Motors, Inc., M8 Motors, Inc., M12 Motors, Inc., M4 Motors, Inc., M9 Motors, Inc., M16 Motors, Inc., M14 Motors, Inc., M3 Motors, Inc., M11 Motors, LLC, M13 Motors, Inc., M5 Motors, Inc., M7 Motors, Inc., M2 Motors, Inc., Bernardo F. Moreno and M10 Motors, Inc. |
| 1:2015cv00410 |
| March 3, 2015 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 20, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 149
Order of Dismissal with Prejudice. The parties to bear their own costs. Judge Patricia A. Gaughan on 3/20/17. (LC,S) re #148
|
| Filing 148 Stipulated Order of Dismissal filed by Gabriel W. Despres. (Panza, Richard) Modified text on 3/23/2017 (W,CM). |
| Minutes/Order [non-document]: Settlement Conference was held. The Court anticipates a dismissal entry on or before 3/24/17. Judge Patricia A. Gaughan on 3/9/17. (LC,S) Time: 90 mins. |
| Minutes/Order [non-document]: Status Conference was held. Settlement Conference is set 3/9/17 at 9:30 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 2/1/17. (LC,S) Time: 30 mins. |
| Filing 147 Memorandum Opinion and Order: This matter is before the Court upon Defendants' Motion for Summary Judgment on all Claims (Doc. #135 ). This is a breach of contract action. For the reasons that follow, the motion is GRANTED in PART and DENIED in PART. Defendants' Motion is GRANTED with respect to plaintiff's claims based on his alleged entitlement to 10% of the net profits/proceeds from the sale of one or more dealerships. Defendants are further entitled to summary judgment with respect to plaintiff's promissory estoppel claim. In addition, plaintiff cannot seek recovery for annual incentives for the years 2009 and beyond. Defendants' motion, however, is DENIED with respect to his claims related to entitlement to annual incentives for the years prior to 2009, as well as his Prompt Payment Act claim related to those payments. Judge Patricia A. Gaughan on 1/13/17. (LC,S) |
|
Order[non-document] Telephonic Status Conference is set 2/01/17 at 9:00 a.m. with the Court initiating the call. Counsel shall provide to the Court within two business days of the conference, jointly or individually, a Status Report describing the status of discovery, settlement positions, and issues to be addressed. The Status Report need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or by fax at (216) 357-7215. Judge Patricia A. Gaughan on 1/13/17. (D,Ma)
|
| Filing 146 Answer to #145 Amended complaint, filed by M1 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Exhibit A - Gabe Despres Divorce Affidavit, #2 Exhibit B - Meryn Despres Divorce Affidavit)(Niehaus, James) Modified to indicate correct parties on 12/29/2016 (W,CM). NEF regenerated |
| Filing 145 First Amended complaint (Jury Demand Endorsed Hereon) against Bernie Moreno Companies, M1 Motors. Filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, Memo re: Compensation Plan, #2 Exhibit B, 11-12-11 E-mail from Moreno to Lozon, #3 Exhibit C,Memo from Moreno to Despres) (Panza, Richard) Incorrect party linked. Modified on 12/15/2016 (W,CM). |
| Filing 144 Reply in support of #135 SEALED Motion for Summary Judgment on all of Plaintiff's Claims #86 filed by All Defendants. (Niehaus, James) |
| Filing 143 Memorandum of Opinion and Order: Plaintiff Gabriel Despres' Motion for Leave to File the First Amended Complaint (Doc. #120 ) and Plaintiff Gabriel W. Despres's Motion (I) for Leave to Further Amend the Complaint to Add Allegations Concerning the Recent Sale of Dealerships and (II) to Compel Discovery Concerning the Same (Doc. #131 ) are GRANTED in PART and DENIED in part. Plaintiff's motions are GRANTED to the extent plaintiff seeks leave to amend the complaint to include allegations of damages stemming from the sale of various dealerships. Plaintiff's motions are further GRANTED to the extent plaintiff seeks to conform the amended pleading to the Court's previous rulings. The request for leave to amend regarding the "guarantee," however, is DENIED. As set forth herein, the Court will address plaintiff's motion to compel, to the extent necessary, upon the filing of a supplemental motion after the summary judgment motion is fully briefed and the Court rules thereon. The motion to exclude is GRANTED and plaintiff's request for a hearing is DENIED. Judge Patricia A. Gaughan on 11/21/16. (LC,S) |
| Filing 142 Supplement of Unreported Cases to Plaintiff's Brief in Opposition to Defendants' Motion for Summary Judgment (Oral Hearing Requested) to #141 Sealed Document, filed by Gabriel W. Despres. Related document(s) #141 . (Attachments: #1 Supplement Unreported Cases)(Panza, Richard) |
| Filing 141 SEALED Document:Plaintiff's Brief in Opposition to Defendants' Motion for Summary Judgment (Oral Hearing Requested) filed by Gabriel W. Despres. Related document(s) #86 , #135 . (Attachments: #1 Exhibit A, Expert Report, #2 Exhibit B, Affidavit of Mark B. Bober, C.P.A.)(Panza, Richard) |
| Filing 140 Reply in support of #131 SEALED Motion for Leave to Further Amend the Complaint to Add Allegations Concerning The Recent Sale of Dealerships #86 Motion to compel discovery concerning the Same filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, Second Affidavit of Gabriel Despres, #2 Supplement Unreported Cases)(Panza, Richard) |
| Filing 139 Opposition to #131 SEALED Motion for Leave to Further Amend the Complaint to Add Allegations Concerning The Recent Sale of Dealerships and Motion to compel discovery concerning the Same. Filed by All Defendants. Related documents #86 . (Attachments: #1 Exhibit A - Despres Read and Sign Letter)(Niehaus, James) Modified text on 10/27/2016 (W,CM). |
| Filing 138 Reply in support of #125 Motion to Exclude Testimony of Anthony J. Iezzi filed by All Defendants. (Niehaus, James) |
| Filing 137 SEALED Document:Exhibits C and D to Plaintiff's Brief in Opposition to Defendants' Motion to Exclude The Testimony of Anthony J. Iezzi (Oral Hearing Requested) filed by Gabriel W. Despres. Related document(s) #86 , #136 . (Attachments: #1 Exhibit C, June 30, 2016, Report, #2 Exhibit D, Excerpt of Bernardo F. Moreno Deposition)(Panza, Richard) |
| Filing 136 Opposition to #125 Motion to Exclude Testimony of Anthony J. Iezzi (Oral Hearing Requested) filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, April 13, 2005 Memorandum, #2 Exhibit B, April 13, 2005 Memorandum re Compensation Plan, #3 Exhibit E, September 6, 2016 Supplemental Report of Dr. Iezzi, #4 Exhibit F, September 6, 2016 Email Correspondence between counsel, #5 Exhibit G, September 7, 2016, Deposition Transcript excerpts, #6 Exhibit H, Affidavit of Anthony J. Iezzi, Ph.D., #7 Supplement Unreported Cases)(Panza, Richard) |
| Filing 135 SEALED Motion for Summary Judgment on all of Plaintiff's Claims #86 filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. Related document(s) #86 . (Attachments: #1 Exhibit A - Moreno Affidavit, #2 Exhibit B - Fallahi v. Mariam, #3 Exhibit C - Chambers-Despres Agreement) (Niehaus, James). Modified on 10/17/2016 to remove double wording (H,SP). |
| Filing 134 Supplement Exhibit A to #133 Sealed Document Reply Brief in Support of Motion for Leave to Amend The Complaint filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, Excerpts from Deposition of Robert Kistler, dated June 29, 2016)(Panza, Richard) Modified text on 10/18/2016 (W,CM). |
| Filing 133 SEALED Document: Reply Brief in Support of Motion for Leave to Amend Complaint filed by Gabriel W. Despres. (Related document(s) #86 , #120 ). (Panza, Richard) Modified on 10/17/2016 to remove double wording (H,SP). |
| Filing 132 Supplement to #131 SEALED Motion for Leave to Further Amend the Complaint to Add Allegations Concerning The Recent Sale of Dealerships And to Compel Discovery Concerning The Same #86 filed by Gabriel W. Despres. Related document(s) #131 . (Attachments: #1 Exhibit A, Affidavit of Gabriel Despres, #2 Exhibit B, Excerpts from Deposition of Meryn E. Despres, #3 Exhibit C, October 4, 2016 Email from James Niehaus, #4 Exhibit DE, Plaintiff's First Request for Production of Documents to Bernardo Moreno, #5 Exhibit E, Redlined Proposed Second Amended Complaint)(Panza, Richard) Modified text on 10/18/2016 (W,CM). |
| Filing 131 SEALED Motion for Leave to Further Amend the Complaint to Add Allegations Concerning The Recent Sale of Dealerships, and Motion to Compel Discovery concerning the same filed by Plaintiff Gabriel W. Despres. (Related document(s) #86 ) (Panza, Richard). Added Motion to compel discovery on 10/14/2016 (H,SP). Modified text on 10/14/2016 (H,SP). |
| Filing 130 Deposition of Meryn E. Despres taken on May 24, 2016 filed by All Defendants. (Attachments: #1 Plaintiff Exhibit 01 - Supplemental Affidavit, #2 Defendant's Exhibit 01 - 04-13-05 Moreno Email. Subject - M1 Motors, #3 Defendant's Exhibit 02 - 04-13-05 Moreno Email. Subject - M1 Motors, #4 Defendant's Exhibit 03 - 04-13-05 Moreno Email. Subject - Offer Letter, #5 Defendant's Exhibit 04 - 04-13-05 Compensation Plan, #6 Defendant's Exhibit 05 - Affidavit, #7 Defendant's Exhibit 06 - Supplemental Affidavit, #8 Defendant's Exhibit 07 - Separation Agreement)(Niehaus, James) Modified text on 10/17/2016 (W,CM). |
| Filing 129 SEALED Document:Deposition Transcript of Bernardo F. Moreno taken on June 30, 2016 filed by All Defendants. Related document(s) #86 . (Attachments: #1 Deposition Transcript of Bernardo Moreno - Part 2, #2 Exhibit 1 - Notice of Deposition, #3 Exhibit 2 - 09-30-14 Email from Moreno. Subject - Thoughts for Gabe'...., #4 Exhibit 3 - 04-13-05 Email from Moreno. Subject - M1 Motors Inc., #5 Exhibit 4 - 04-13-05 Email from Moreno. Subject - M1 Motors Inc, #6 Exhibit 5 - 04-13-05 Email from Moreno. Subject - Offer Letter, #7 Exhibit 6 - 04-22-05 Email from Moreno. Subject - Asset Purchase Agr...., #8 Exhibit 7 - 04-23-05 Email from Moreno. Subject - Price Menu, #9 Exhibit 8 - 04-23-05 Email from Moreno. Subject - Price Menu., #10 Exhibit 9 - 04-23-05 Email from Moreno. Subject - Message on hold., #11 Exhibit 10 - 04-23-05 Email from Moreno. Subject - Price Menu, #12 Exhibit 11 - 04-28-05 Email from Moreno. Subject - Check Out This Pag..., #13 Exhibit 12 - 04-28-05 Email from Moreno., #14 Exhibit 13 - 04-28-05 Email from Moreno. Subject - More details, #15 Exhibit 14 - 04-28-05 Email from Moreno. Subject - Malloy, #16 Exhibit 15 - 05-04-05 Email from Moreno. Subject - Helder's Pay Plan., #17 Exhibit 16 - 04-13-05 Compensation Plan, #18 Exhibit 17 - 04-13-05 Compensation Plan., #19 Exhibit 18 - 04-13-05 Memo to Countrywide Mortgage, #20 Exhibit 19 - reno Ex. 19 - 05-27-05 Desprese Earnings Statement, #21 Exhibit 20 - 03-18-16 Moreno Affidavit., #22 Exhibit 21 - Plaintiff's Requests for Admission, #23 Exhibit 22 - Defendants' Responses to Requests for Admission, #24 Exhibit 23 - Defendants' Amended Responses to Requests for Admission, #25 Exhibit 24 - Moreno's Responses to Plaintiff's 1st Set of Interrogato...., #26 Exhibit 25 - M1 Motors' Responses to Plaintiff's 1st Set of Interroga..., #27 Exhibit 26 - 05-24-05 Request for Check, #28 Exhibit 27 - 05-24-05 Check to Despres., #29 Exhibit 28 - 2005 Dealer Financial Statement, #30 Exhibit 29 - Declaration of Trust, #31 Exhibit 30 - 01-14-16 Moreno Letter to Rob Laughton., #32 Exhibit 31 - 06-02-12 Email from Moreno. Subject - Comp discussion wi...., #33 Exhibit 32 - 12-17-11 Email from Despres. Subject - Follow-up, #34 Exhibit 33 - Compensation Plans and Mortgages)(Niehaus, James) |
|
Order [non-document]: Plaintiff's Stipulated Motion for Extension of Time to Respond to Defendants' Motion to Exclude Testimony of Anthony J. Iezzi is Granted to 10/20/16. Judge Patricia A. Gaughan on 9/30/16.(LC,S) re #128
|
|
Order [non-document]: Plaintiff's Stipulated Motion for Extension of Time to File Reply in Support of Plaintiff's Motion for Leave to File the First Amended Complaint is Granted to 10/14/16. Judge Patricia A. Gaughan on 9/30/16.(LC,S) re #127
|
| Filing 128 Stipulated Motion for extension of time until October 20, 2016 to to Respond to Defendants' Motion to Exclude Testimony of Anthony J. Iezzi filed by Plaintiff Gabriel W. Despres. Related document #125 (Panza, Richard) Modified to add link on 10/4/2016 (W,CM). |
| Filing 127 Stipulated Motion for extension of time until October 14, 2016 to to File Reply in Support of Motion for Leave to file the First Amended Complaint filed by Plaintiff Gabriel W. Despres. Related document #120 (Panza, Richard) Modified to add link on 10/4/2016 (W,CM). |
| Filing 126 Opposition to #120 Motion for leave to File The First Amended Complaint filed by All Defendants. (Attachments: #1 Exhibit A - Affidavit of Bernardo Moreno)(Niehaus, James) |
| Filing 125 Motion to Exclude Testimony of Anthony J. Iezzi filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Niehaus, James) |
| Filing 124 SEALED Document:Notice of Filing Deposition Exhibits Under Seal filed by All Defendants. Related document(s) #86 , #123 . (Attachments: #1 Exhibit 6 - Driver Record Criteria & FCRA Disclosure-Authorization Form, #2 Exhibit 7 - 1/23/2002 Compensation Plan)(Niehaus, James) |
| Filing 123 Deposition of Anthony J. Iezzi, Ph.D taken on 9/7/2016 filed by All Defendants. (Attachments: #1 Exhibit 1 - Curriculum Vitae, #2 Exhibit 2 - ACFEI, #3 Exhibit 3 - Professional Service, #4 Exhibit 4 - Compensation for Gabriel W. Despres, #5 Exhibit 5 - Compensation Plan, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Memo dated 7-11-16, #9 Exhibit 9 - Reply Re Supplemental Mo for TRO., #10 Exhibit 10 - IGAS, #11 Exhibit 11 - Professional Services)(Niehaus, James) |
|
Order [non-document]: Defendants' Motion to Compel Production of Agreement for Payment of Legal Fees is Granted. Judge Patricia A. Gaughan on 9/14/16. (LC,S) re #117
|
| Filing 122 Notice of Filing filed by Gabriel W. Despres. (Attachments: #1 Supplement Unreported Cases)Related document(s) #121 .(Zidar, Rachelle) |
| Filing 121 SEALED Document: Memorandum in Support of Motion for Leave to Amend The Complaint filed by Gabriel W. Despres. (Related document(s) #86 , #120 ). (Attachments: #1 Exhibit A, Memorandum dated 4-13-05, #2 Exhibit B, Excerpt from Deposition of Bernie Moreno taken 6-30-16, #3 Exhibit C, Responses to Plainitff's First Requst for Admissions, #4 Exhibit D, Amended Responses to Plaintiff's First Request for Admissions) (Panza, Richard). Modified on 9/14/2016 to remove double wording and add link (H,SP). |
| Filing 120 Motion for leave to File The First Amended Complaint filed by Plaintiff Gabriel W. Despres. (Attachments: #1 Exhibit 1, Proposed First Amended Complaint)(Panza, Richard) |
| Filing 119 Reply in support of #117 SEALED Motion tom Compel Production of Agreement for Payment of Legal Fees filed by All Defendants. (Niehaus, James) |
| Filing 118 SEALED Document: Opposition to Defendants' Motion to Compel Production of Agreement for Payment of Legal Fees filed by Gabriel W. Despres. (Related document(s) #86 , #117 ). (Attachments: #1 Supplement Unreported Cases, #2 Exhibit A, Excerpts of B Moreno Deposition 6-30-16, #3 Exhibit B, Excerpts of M Despres Deposition, #4 Exhibit C, Excerpts of Lozon Deposition, #5 Exhibit D, Excerpts of Arno Deposition, #6 Exhibit E, 1-14-16 Letter, #7 Exhibit F, Declaration of Trust, #8 Exhibit G, 6-2-12 E-mail, #9 Exhibit H, Affidavit of G Despres, #10 Exhibit I, 4-13-05 Memo, #11 Exhibit J, Defendant's Responses to Request for Admissions, #12 Exhibit K, Defendant's Amended Responses to Admissions, #13 Exhibit L, 5-27-05 Earnings Statement, #14 Exhibit M, 4-28-05 E-mail, #15 Exhibit N, Jennings Road Complaint, #16 Exhibit O, Excerpts from B Moreno Deposition 11-1-05, #17 Exhibit P, Jennings Road Litigation Docket)(Panza, Richard) Modified on 9/1/2016 to remove double wording (H,SP). |
| Filing 117 SEALED Motion: to Compel Production of Agreement for Payment of Legal Fees filed by All Defendants. (Related document(s) #86 ). (Attachments: #1 Exhibit A - Counsel for Despres Email Stating They Would Not Produce Fee Agreement Because Not Relevant, #2 Exhibit B - Moreno Affidavit, #3 Exhibit C - July 2008 Letter to Counsel for Mr. Despres, #4 Exhibit D - Rob Kistler Email Regarding Number of Times Mr. Despres Contacted Defendant, #5 Exhibit E - Meryn Despres Deposition Excerpt) (Niehaus, James). Modified on 8/17/2016 to change event to a Motion, NEF regenerated (H,SP). |
| Filing 116 SEALED Document:Deposition Transcript of Gabriel W. Despres Taken on July 1, 2016 filed by All Defendants. Related document(s) #86 . (Attachments: #1 Exhibit 1 - 8/24/15 Transcript - Part 1, #2 Exhibit 1 - 8/24/15 Transcript - Part 2, #3 Exhibit 2 - 2005 Tax Return, #4 Exhibit 3 - 2006 Tax Return, #5 Exhibit 4 - 2007 Tax Return, #6 Exhibit 5 - 2008 Tax Return, #7 Exhibit 6 - 2009 Tax Return, #8 Exhibit 7 - 2010 Tax Return, #9 Exhibit 8 - 2011 Tax Return, #10 Exhibit 9 - 4/13/05 Email, #11 Exhibit 10 - 4/13/05 Email, #12 Exhibit 11 - 4/13/05 Email, #13 Exhibit 12 - Financial Statement, #14 Exhibit 13 - 4/22/05 Email, #15 Exhibit 14 - 4/23/05 Email, #16 Exhibit 15 - 4/27/05 Email, #17 Exhibit 16 - 4/28/05 Email, #18 Exhibit 17 - 5/7/05 Email, #19 Exhibit 18 - Real Estate Purchase Contract, #20 Exhibit 19 - 6/1/05 Email, #21 Exhibit 20 - Mortgage, #22 Exhibit 21 - Request for Check, #23 Exhibit 22 - Loan Approval Conditions Form, #24 Exhibit 23 - Verification of Deposit, #25 Exhibit 24 - 2004 W-2, #26 Exhibit 25 - 2004 W-2, #27 Exhibit 26 - Earnings Statement, #28 Exhibit 27 - Earnings Statement, #29 Exhibit 28 - 4/13/05 Compensation Plan, #30 Exhibit 29 - 4/13/05 Compensation Plan, #31 Exhibit 30 - Metadata, #32 Exhibit 31 - Underwriting Exception, #33 Exhibit 32 - 2006 Tax Return, #34 Exhibit 33 - 2005, 2006 W-2, #35 Exhibit 34 - Rental Agreement, #36 Exhibit 35 - Rent Check, #37 Exhibit 36 - Settlement Statement, #38 Exhibit 37 - 2005 Financial Statement, #39 Exhibit 38 - 9/30/14 Email, #40 Exhibit 39 - 1/3/09 Compensation Plan, #41 Exhibit 40 - 12/31/08 Promissory Note, #42 Exhibit 41 - Cash Disbursement Inquiry, #43 Exhibit 42 - 1/1/11 Compensation Plan, #44 Exhibit 43 - 2/1/12 Compensation Plan, #45 Exhibit 44 - 6/1/12 Compensation Plan, #46 Exhibit 45 - 6/2/12 Email, #47 Exhibit 46 - 5/16/13 Compensation Plan, #48 Exhibit 47 - 7/27/10 Email, #49 Exhibit 48 - 5/21/12 Email, #50 Exhibit 49 - 5/21/12 Email, #51 Exhibit 50 - 6/13/12 Email, #52 Exhibit 51 - 8/10/12 Email, #53 Exhibit 52 - 10/4/12 Email, #54 Exhibit 53 - Despres Resume, #55 Exhibit 54 - 5/24/13 Email, #56 Exhibit 55 - 7/10/13 Email, #57 Exhibit 56 - 7/22/13 Email, #58 Exhibit 57 - 10/22/08 Pretrial Statement, #59 Exhibit 58 - Complaint, #60 Exhibit 59 - Despres Affidavit, #61 Exhibit 60 - 8/12/10 Email, #62 Exhibit 61 - Subordination Agreement, #63 Exhibit 62 - 10/11/12 Email, #64 Exhibit 63 - 10/17/12 Email, #65 Exhibit 64 - 7/24/12 Email, #66 Exhibit 65 - 12/10/12 Email, #67 Exhibit 66 - 7/7/13 Email)(Niehaus, James) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Settlement Conference held on 7/25/2016. Plaintiff Gabriel Despres participated with counsel Howard Cooper and Richard Panza. Defendant Bernardo Moreno and Bridget Moreno appeared with counsel Colleen Murname and James Niehaus. Settlement not reached. Parties are encouraged to continue negotiations and in the event that another settlement would be needed, parties need to notify Judge Gaughan's chambers for a new referral. (Court Reporter: None)Time: 4 hours 15 mins. (O,K) |
| IMPORTANT: Notice [non-document] Mediation/Settlement Conference reset for 7/25/2016 at 11:00 AM in Chambers 11B before Magistrate Judge Thomas M. Parker. (Note change in time only) (Related document #113 ) (O,K) |
| Filing 115 Subpoena Returned Executed; served upon Herb Chambers I93, Inc. by Personal Service on May 27, 2016 filed on behalf of Gabriel W. Despres (Zidar, Rachelle) |
| Filing 114 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Herb Chamers)(Zidar, Rachelle) |
|
Filing 113
Order Setting mediation/Settlement Conference for 7/25/16, chambers 11B. Magistrate Judge Thomas M. Parker on 5/23/2016. (O,K) Modified text 5/25/2016 (C,KA).
|
| IMPORTANT: Notice [non-document] of Settlement Conference set for 7/25/2016 at 01:00 PM in Chambers 11B before Magistrate Judge Thomas M. Parker. (O,K) |
|
Filing 112
Order of Reference: This matter is hereby referred to Magistrate Judge Thomas Parker pursuant to 28 U.S.C. 636 and Local Rule 72.2 for the purpose of conducting a Settlement Conference to be concluded by 9/1/16. Judge Patricia A. Gaughan on 5/20/16. (LC,S)
|
| Filing 111 Subpoena Returned Executed; served upon Don Paparella c/o James B. Niehaus, Esq. by Hand Delivered on May 16, 2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 110 Subpoena Returned Executed; served upon Peter Mapp c/o James B. Niehaus, Esq. by Hand Delivery on May 16, 2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 109 Protective Order Governing Imaging, Inspection of Defendants' Relevant Electronic Devices And Protection of Confidential And Privileged Information And Preservation of Privilege in The Event of Inadvertent Production of Privileged Material. Judge Patricia A. Gaughan on 5/16/16. (LC,S) re #106 |
| Filing 108 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena to Testify at a Deposition in a Civil Action to Peter Mapp)(Panza, Richard) |
| Filing 107 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena to Testify at Deposition in a Civil Action to Don Paparella)(Panza, Richard) |
| Filing 106 Proposed Protective Order Governing Imaging, Inspection of Defendants' Relevant Electronic Devices And Protection of Confidential And Privileged Information And Preservation of Privilege in The Event of Inadvertent Production of Privileged Material filed by Gabriel W. Despres. (Panza, Richard) Modified text on 5/16/2016 (E,P). |
|
Minutes/Order [non-document]: Status Conference was held. Non-expert discovery deadline is extended to 7/1/16 for purposes of depositions only. A Settlement Conference will be set after Plaintiff's counsel confer and contact the Court by 5/18/16. Judge Patricia A. Gaughan on 5/13/16. (LC,S) Time: 30 mins.
|
| Filing 105 Notice of Subpoena filed by All Defendants. (Niehaus, James) |
| Filing 104 Amended Notice to take Deposition of M1 Motors, Inc. Pursuant to FRCP (30(b)(6) on May 31, 2016 filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 103 Amended Notice to take Deposition of Bernardo F. Moreno on May 20, 2016 filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 102 Plaintiff Gabriel Despres' Reply to #93 Answer,,, Counterclaim,, of Bernardo Moreno, M1 Motors, Inc. And M4 Motors, Inc. (Jury Demand Endorsed Hereon) filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 101 Notice to take Deposition of M1Motors, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) on May 9, 2016 filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 100 Subpoena Returned Executed; served upon Helder Rosa c/o James B. Niehaus, Esq. by Personal Service on 4/13/2016 filed on behalf of Gabriel W. Despres Related document(s) #95 . (Panza, Richard) |
| Filing 99 Subpoena Returned Executed; served upon Robert Kistler c/o James B. Niehaus, Esq. by Personal Service on 4/13/2016 filed on behalf of Gabriel W. Despres Related document(s) #94 . (Panza, Richard) |
| Filing 98 Subpoena Returned Executed; served upon Bob Laughton c/o James B. Niehaus, Esq. by Personal Service on 4/13/2016 filed on behalf of Gabriel W. Despres Related document(s) #96 . (Panza, Richard) |
| Filing 97 Notice to take Deposition of Bernardo F. Moreno on Monday, May 2, 2016 filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 96 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Bob Laughton)(Panza, Richard) |
| Filing 95 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Helder Rosa)(Panza, Richard) |
| Filing 94 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Rob Kistler)(Panza, Richard) |
| Filing 93 Second Amended Answer and, Amended Counterclaim against All Plaintiffs filed by All Defendants. (Attachments: #1 Exhibit A - Compensation Plan, #2 Exhibit B - Journal Entry, #3 Exhibit C - Journal Entry, #4 Exhibit D - Compensation Plan, #5 Exhibit E - Compensation Plan, #6 Exhibit F - June 1 2012 Compensation Plan, #7 Exhibit G - May 16 2013 Compensation Plan, #8 Exhibit H - Email dated April 15 2013, #9 Exhibit I - Email dated July 25 2013, #10 Exhibit J - Email dated July 24, 2013) (Niehaus, James) Modified text to remove double wording on 4/7/2016 (E,P). |
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 5/13/16 at 8:45 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 4/6/16. (LC,S) Time: 30 mins. |
|
Order [non-document]: Defendants' Motion for Leave to File Second Amended Answer is Granted. Judge Patricia A. Gaughan on 4/6/06. (LC,S) (Related Doc #88 )
|
|
Order [non-document]: Plaintiff's Motion to Compel Electronic Discovery and Production of Documents is Withdrawn. Judge Patricia A. Gaughan on 4/6/16. (LC,S) (Related Doc #91 )
|
|
Order [non-document]: Plaintiff's Motion to Stay The Date For His Response to Defendants' Motion for Leave to File Second Amended Answer is DENIED. Judge Patricia A. Gaughan on 4/6/16. (Related Doc #89 ) (LC,S)
|
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 4/6/16 at 9:15 a.m. Judge Patricia A. Gaughan on 4/5/16. (LC,S) Time: 30 mins. |
| Filing 92 SEALED Document:Organizational Chart filed by Gabriel W. Despres. Related document(s) #86 , #91 . (Panza, Richard) |
| Filing 91 Motion to compel discovery and Production of Documents filed by Plaintiff Gabriel W. Despres. (Attachments: #1 Exhibit 1, Proposed Protective Order, #2 Exhibit 2, 2-22-16 E-mails Re Vestige Protective Order, #3 Exhibit 3, 3-30-16 E-mail re: Search Terms, #4 Exhibit 4, Plaintiff's Proposed Search Terms, #5 Exhibit 5, Plaintiff's First Request for Production of Documents to Bernardo Moreno, #6 Exhibit 6, Correspondence from Colleen Murnane dated 3-7-16, #7 Exhibit 7, 3-18-16 E-mail re: M1 Financials, #8 Exhibit 8, 3-22-16 E-mail re: Document Production, #9 Supplement Case Law)(Panza, Richard) |
| Filing 90 Notice of Filing of Declaration of Gabriel W. Despres in Support of Plaintiff's Motion to Stay The Date for His Response to Defendants' Motion for Leave to File Second Amended Answer filed by Gabriel W. Despres. (Attachments: #1 Affidavit Declaration of Gabriel W. Despres)Related document(s) #89 .(Panza, Richard) |
| Filing 89 Motion to stay The Date For His Response to Defendants' Motion for Leave to File Second Amended Answer filed by Plaintiff Gabriel W. Despres. (Attachments: #1 Pleading Memorandum in Support of Plaintiff's Motion to Stay)(Panza, Richard) |
| Reassignment of Magistrate Judge due to the retirement of Magistrate Judge Greg White. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,HR) |
| Filing 88 Motion for leave to File Second Amended Answer filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Exhibit A - Second Amended Answer, #2 Exhibit B - Affidavit of Bernardo Moreno)(Niehaus, James) |
|
Filing 87
Order: Plaintiff Gabriel W. Despres Motion to Compel (Doc. #76 ) is GRANTED in PART and DENIED in PART. Judge Patricia A. Gaughan on 2/24/16. (LC,S)
|
| Filing 85 Reply in support of #76 Motion to compel discovery Plaintiff Gabriel W. Despres' Motion to Compel filed by Gabriel W. Despres. (Attachments: #1 Affidavit Declaration of Gabriel W. Despres in Support of His Motion to Compel)(Panza, Richard) |
| Filing 86 Stipulated Protective Order. Judge Patricia A. Gaughan on 2/12/16. (LC,S) re #79 |
| Filing 84 Subpoena Returned Executed; served upon Rob Kistler by Delivery upon Defendants' counsel, James B. Niehaus per agreement on 02/09/2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 83 Subpoena Returned Executed; served upon Bob Laughton by Delivery upon Defendants' counsel, James B. Niehaus per agreement on 02/09/2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 82 Subpoena Returned Executed; served upon Helder Rosa by Delivery upon Defendants' counsel, James B. Niehaus per agreement on 02/09/2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 81 Subpoena Returned Executed; served upon Joseph Arno by Personal Service on 02/09/2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 80 Subpoena Returned Executed; served upon Chad Lozon by Personal Service on 02/09/2016 filed on behalf of Gabriel W. Despres (Panza, Richard) |
| Filing 79 Proposed Stipulated Protective Order filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 78 Brief opposing #76 Motion to compel discovery Plaintiff Gabriel W. Despres' Motion to Compel filed by All Defendants. (Attachments: #1 Exhibit A - M1 Motors Balance Sheet)(Niehaus, James) Modified text on 2/9/2016 (E,P). |
| Filing 77 Subpoena Returned Executed; served upon Custodian of Records, Mercedes-Benz USA by personal service on December 23, 2015 filed on behalf of Gabriel W. Despres (Zidar, Rachelle) |
| Filing 76 Motion to compel discovery filed by Plaintiff Gabriel W. Despres. (Attachments: #1Memorandum in Support of Plaintiff Gabriel W. Despres' Motion to Compel)(Panza, Richard) |
| Filing 75 Subpoena Returned Executed; served upon Custodian of Records for Herb Chambers of Brookline by Personal Service on 12/28/2015 filed on behalf of All Defendants (Niehaus, James) |
| Filing 74 Subpoena Returned Executed; served upon Meryn E. Despres aka Meryn E. Johnson by Personal Service on 12/22/2015 filed on behalf of All Defendants (Niehaus, James) |
| Filing 73 Subpoena Returned Executed; served upon Herbert G. Chambers by Personal Service on 12/15/2015 filed on behalf of All Defendants (Niehaus, James) |
| Filing 72 Subpoena Returned Executed; served upon Custodian of Records for Jennings Road Management Corp. c/o James G. Dowling, Jr. by Personal Service on 12/16/2015 filed on behalf of All Defendants (Niehaus, James) |
| Filing 71 Subpoena Returned Executed; served upon Herbert G. Chambers by Personal Service on 12/16/2015 filed on behalf of All Defendants (Niehaus, James) |
|
Filing 70
Order: This matter is before the Court upon certain defendants' Motion for Entry of Judgment (Doc. #42 ). The motion is DENIED. Judge Patricia A. Gaughan on 1/15/16. (LC,S)
|
| Filing 69 Subpoena Returned Executed; served upon Custodian of Records, Volkswagen by personal service on December 14, 2015 filed on behalf of Gabriel W. Despres Related document(s) #36 . (Zidar, Rachelle) |
| Filing 68 Subpoena Returned Executed; served upon Custodian of Records, Porsche Cars North America by personal service on December 22, 2015 filed on behalf of Gabriel W. Despres Related document(s) #49 . (Zidar, Rachelle) |
| Filing 67 Subpoena Returned Executed; served upon Custodian of Records, Mobility Ventures by personal service on December 22, 2015 filed on behalf of Gabriel W. Despres Related document(s) #51 . (Zidar, Rachelle) |
| Filing 66 Subpoena Returned Executed; served upon Custodian of Records, Maserati USA by personal service on December 14, 2015 filed on behalf of Gabriel W. Despres Related document(s) #41 . (Zidar, Rachelle) |
| Filing 65 Subpoena Returned Executed; served upon Custodian of Records, Lotus Cars USA, Inc. by personal service on December 22, 2015 filed on behalf of Gabriel W. Despres Related document(s) #50 . (Zidar, Rachelle) |
| Filing 64 Subpoena Returned Executed; served upon Cutodian of Records, Kia Motors America by personal service on December 11, 2015 filed on behalf of Gabriel W. Despres Related document(s) #39 . (Zidar, Rachelle) |
| Filing 63 Subpoena Returned Executed; served upon Custodian of Records, Infiniti Division, Nissan North America by personal service on December 16, 2015 filed on behalf of Gabriel W. Despres Related document(s) #35 . (Zidar, Rachelle) |
| Filing 62 Subpoena Returned Executed; served upon Custodian of Records, General Motors Company by personal service on December 15, 2015 filed on behalf of Gabriel W. Despres Related document(s) #32 . (Zidar, Rachelle) |
| Filing 61 Subpoena Returned Executed; served upon Custodian of Records, Aston Martin of North America by Personal Service on December 11, 2015 filed on behalf of Gabriel W. Despres Related document(s) #40 . (Zidar, Rachelle) |
| Filing 60 Subpoena Returned Executed; served upon Ralph Caruso by personal on December 22, 2015 filed on behalf of Gabriel W. Despres Related document(s) #52 . (Zidar, Rachelle) |
| Filing 59 Subpoena Returned Executed; served upon Acura Division, Honda North America by Personal on December 15, 2015 filed on behalf of Gabriel W. Despres Related document(s) #37 . (Zidar, Rachelle) |
|
Order [non-document]: Plaintiff' Motion to Strike Motion to Strike the Reply Memorandum of Moving Defendants for Entry of Judgment Dismissing Them as Defendants, or, Alternatively, Motion for Leave to File Sur-Reply, Instanter is DENIED. Judge Patricia A. Gaughan on 1/15/16. (Related Doc #57 ) (LC,S)
|
| Filing 58 Response to #57 Motion to strike Plaintiff Gabriel Despres' Motion to Strike the Reply Memorandum of Moving Defendants for Entry of Judgment Dismissing Them as Defendants, or, Alternatively, Motion for Leave to File Sur-Reply, Instanter filed by All Defendants. (Niehaus, James) |
| Filing 57 Motion to strike Plaintiff Gabriel Despres' Motion to Strike the Reply Memorandum of Moving Defendants for Entry of Judgment Dismissing Them as Defendants, or, Alternatively, Motion for Leave to File Sur-Reply, Instanter filed by Plaintiff Gabriel W. Despres, Counter-Defendant Gabriel W. Despres. Related document(s) #56 . (Attachments: #1 Exhibit A, 2005 Balance Sheet)(Panza, Richard) |
| Filing 56 Reply in support of #42 Motion for Entry of Judgment Dismissing Them as Parties to This Action filed by All Defendants. (Attachments: #1 Exhibit A - Mercedes Benz 2005 Financials)(Niehaus, James) |
| Filing 55 Notice of Subpoena to Meryn Despres also known as Meryn Johnson filed by All Defendants. (Niehaus, James) |
| Filing 54 Notice of Subpoena to Herbert Chambers filed by All Defendants. (Niehaus, James) |
| Filing 53 Brief Plaintiff Gabriel W. Despres' Opposition to Certain Defendants' Motion for Entry of Judgment Dismissing Them as Parties to This Action filed by Gabriel W. Despres. Related document(s) #42 . (Attachments: #1 Exhibit A - December 22 2015 Letter from Attorney Freeman to Attorney Elovecky) (Panza, Richard) |
| Filing 52 Notice of Subpoena to Testify at Deposition filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena to Testify at a Deposition issued to Ralph Caruso)(Zidar, Rachelle) |
| Filing 51 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Mobility Ventures)(Zidar, Rachelle) |
| Filing 50 Amended Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Lotus Cars USA)(Zidar, Rachelle) |
| Filing 49 Amended Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Porsche Cars)(Zidar, Rachelle) |
| Filing 48 Notice of Subpoena served on Meryn E. Despres aka Meryn E. Johnson filed by All Defendants. (Niehaus, James) |
| Filing 47 Notice of Subpoena served on Herbert G. Chambers filed by All Defendants. (Niehaus, James) |
| Filing 46 Notice of Subpoena served on Herbert G. Chambers filed by All Defendants. (Niehaus, James) |
| Filing 45 Notice of Subpoena served on the Custodian of Records for Herb Chambers of Brookline, Inc. filed by All Defendants. (Niehaus, James) |
| Filing 44 Notice of Subpoena to be served on Meryn E. Despres aka Meryn E. Johnson filed by All Defendants. (Niehaus, James) |
| Filing 43 Notice of Subpoena served on the Custodian of Records for Jennings Road Management Corp. filed by All Defendants. (Niehaus, James) |
| Filing 42 Motion for Entry of Judgment Dismissing Them as Parties to This Action filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Judgment Entry)(Niehaus, James) |
| Filing 41 Notice of Subpoena to Maserati USA filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Maserati USA)(Zidar, Rachelle) |
| Filing 40 Notice of Subpoena to Aston Martin of North America filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Aston Martin of North America)(Zidar, Rachelle) |
| Filing 39 Notice of Subpoena to Kia Motors America filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Kia Motors America)(Zidar, Rachelle) |
| Filing 38 Notice of Subpoena to Lotus Cars USA filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Lotus Cars USA)(Zidar, Rachelle) |
| Filing 37 Notice of Subpoena to Acura Division, Honda North Ameria filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Acura Division, Honda North America)(Zidar, Rachelle) |
| Filing 36 Notice of Subpoena to Volkswagen Group of America filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Voldswagen Group of America)(Zidar, Rachelle) |
| Filing 35 Notice of Subpoena to infiniti Division, Nissan North America filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Infiniti Division, Nissan North America)(Zidar, Rachelle) |
| Filing 34 Notice of Subpoena to Mercedes-Benz filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Mercedes-Benz)(Zidar, Rachelle) |
| Filing 33 Notice of Subpoena to Porsche Cars filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Porsche Cars North America)(Zidar, Rachelle) |
| Filing 32 Notice of Subpoena to General Motors Company filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to General Motors Company)(Zidar, Rachelle) |
| Filing 31 Notice of Subpoena to Saab North America filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Saab North America)(Zidar, Rachelle) |
| Filing 30 Notice of Subpoena to Vehicle Production Group, LLC filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issud to Vehicle Production)(Zidar, Rachelle) |
| Filing 29 Subpoena Returned Executed; served upon Capital Auotmotive Real Estate Servics by Personal on 11/30/2015 filed on behalf of Gabriel W. Despres (Zidar, Rachelle) |
| Filing 28 Case Management Order: Case Management Conference was held on 12/4/15. Case is assigned to the complex track. Case is not suitable for ADR at this time but may be after discovery. Non-expert discovery shall be completed on or before 6/1/16. Expert reports shall be exchanged on or before 7/1/16 for party with burden of proof & 8/1/16 for Rebuttal and Expert Discovery shall be completed on or before 9/15/16. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 2/4/16. Dispositive Motions shall be filed on or before 10/15/16. Settlement Conference is set for 4/5/16 at 9:00 a.m. Parties and lead counsel must appear in person unless otherwise ordered by the Court. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, jointly or individually, a brief written Status Report describing the status of discovery, settlement positions, and issues to be addressed. The Status Report need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax to (216) 357-7215. Judge Patricia A. Gaughan on 12/4/15. (LC,S) Time: 30 mins. |
| Filing 27 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 26 Subpoena Returned Executed; served upon Custodian of Records, Cohen & Company by Hand Delivered on 11/25/2015 filed on behalf of Gabriel W. Despres (Zidar, Rachelle) |
| Filing 25 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Cohen & Company)(Zidar, Rachelle) |
| Filing 24 Notice of Subpoena filed by Gabriel W. Despres. (Attachments: #1 Exhibit Subpoena issued to Capital Automotive)(Zidar, Rachelle) |
| Filing 23 Memorandum of Opinion and Order: Defendants' Motion for Partial Summary Judgment, or in the Alternative, to Dismiss for Failure to State a Claim (Doc. #10 ) is GRANTED in PART and DENIED in PART. Counts one (fraud), two (negligent misrepresentation), and six (unjust enrichment) are dismissed. In addition, with respect to count three (declaratory judgment) plaintiff fails to sufficiently allege entitlement to 10% profit on all dealerships. Therefore, that aspect of count three is dismissed. All other claims remain pending. Judge Patricia A. Gaughan on 11/17/15. (LC,S) |
|
Filing 22
Case Management Conference Scheduling Order with case management conference set on 12/4/2015 at 8:45 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 11/06/15. (D,Ma)
|
| Filing 21 Answer to Defendants Bernardo Moreno, M1 Motors, Inc. and M4 Motors, Inc. Amended Counterclaim (Jury Demand Endorsed Hereon) filed by Gabriel W. Despres. Related document(s) #20 . (Zidar, Rachelle) |
| Filing 20 Amended Answer and Amended Counterclaim filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Exhibit A - 2009 Compensation Plan, #2 Exhibit B - G. Despres Affidavit, #3 Exhibit C - M. Despres Affidavit, #4 Exhibit D - January 2011 Compensation Plan, #5 Exhibit E - February 2012 Compensation Plan, #6 Exhibit F - June 2012 Compensation Plan, #7 Exhibit G - May 2013 Compensation Plan, #8 Exhibit H - May 15, 2013 Email, #9 Exhibit I - July 25, 2013 Email, #10 Exhibit J - Gabe's Sub-Leasing Email, #11 Consent Email) (Niehaus, James) |
| Pursuant to General Order 2015-12 Judge Patricia A. Gaughan randomly assigned to case. (K,K) |
| Filing 19 Reply in support of #16 Motion to supplement the record filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Niehaus, James) |
|
Order [non-document]Granting Defendants' Motion to supplement the record. (Related Doc #16 ). Judge Lesley Wells on 7/31/2015.(C,LS)
|
| Filing 18 Affidavit/Declaration Supplemental Affidavit of Meryn Despres filed by Gabriel W. Despres. Related document(s) #17 . (Panza, Richard) |
| Filing 17 Brief Gabriel W. Despres' Brief in Opposition to Defendants' Motion to Supplement The Record filed by Gabriel W. Despres. Related document(s) #16 . (Attachments: #1 Exhibit A, Supplement Affidavit of Gabriel W. Despres, #2 Exhibit B, Supplement Affidait of Meryn Despres) (Panza, Richard) |
| Filing 16 Motion to supplement the record filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Complaint for Modification, #3 Exhibit B - Counterclaim, #4 Exhibit C - Motion to Amend, #5 Exhibit D - Order for Financials, #6 Exhibit E - Sworn Financial Statement, #7 Exhibit F - Modification Judgment)(Niehaus, James) |
| Filing 15 Reply in support of #10 Motion for partial summary judgment or, in the Altrnative, Motion to dismiss for failure to state a claim filed by All Defendants. (Niehaus, James) |
| Filing 14 Notice of Filing of Corrected Exhibit A filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, Separation Agreement)(Panza, Richard) |
| Filing 13 Response Plaintiff Gabriel Despres' Opposition to Defendants' Motion for Partial Summary Judgment or, in the Alternative, to Dismiss for Failure to State A Claim (Oral Argument Requested) filed by Gabriel W. Despres. Related document(s) #10 . (Attachments: #1 Exhibit A, Separation Agreement, #2 Exhibit B, Schedule B - Personal Property, #3 Supplement Unreported Case 1993 WL 476247, #4 Affidavit Affidavit of Meryn Despres, #5 Affidavit Affidavit of Gabriel W. Despres) (Panza, Richard) |
| Filing 12 Reply to #9 Answer to Complaint,,,,, Counterclaim,,,, Plaintiff Gabriel Despres' Answer to Defendants Bernardo Moreno, M1 Motors, Inc. and M4 Motors, Inc. Counterclaim (Jury Demand Endorsed Hereon) filed by Gabriel W. Despres. (Panza, Richard) |
| Filing 11 Stipulated Motion for extension of time until May 26, 2015 to answer Counterclaim filed by Plaintiff Gabriel W. Despres, Counter-Defendant Gabriel W. Despres. Related document(s) #9 . (Panza, Richard) |
|
Order [non-document]Granting Plaintiff's Stipulated Motion for Extension of Time until May 26, 2015 to file an answer to Counterclaims, (related Doc. #11). Judge Lesley Wells on 5/18/2015.(C,LS)
|
| Filing 10 Motion for partial summary judgment or, in the Altrnative,, Motion to dismiss for failure to state a claim filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Exhibit A - Affidavit of Gabriel Despres, #2 Exhibit B - Judgment Entry of Divorce)(Niehaus, James) |
| Filing 9 Answer to #1 Complaint,,, , Counterclaim against Gabriel W. Despres filed by M8 Motors, Inc., M16 Motors, Inc., M5 Motors, Inc., Bernardo F. Moreno, M12 Motors, Inc., M17 Motors, Inc., M13 Motors, Inc., Bernie Moreno Companies, M10 Motors, Inc., M11 Motors, LLC, M4 Motors, Inc., M1 Motors, Inc., M6 Motors, Inc., M9 Motors, Inc., M11 Motors, Inc., M15 Motors, Inc., M2 Motors, Inc., M14 Motors, Inc., M7 Motors, Inc., M3 Motors, Inc.. (Attachments: #1 Exhibit A - 2009 Compensation Plan.pdf, #2 Exhibit B - G Despres Affidavit.pdf, #3 Exhibit C - M Despres Affidavit.pdf, #4 Exhibit D - January 2011 Compensation Plan.pdf, #5 Exhibit E - February 2012 Compensation Plan.pdf, #6 Exhibit F - June 2012 Compensation Plan.pdf, #7 Exhibit G - May 2013 Compensation Plan.pdf, #8 Exhibit H - May 15 2013 Email From G Depres to B Moreno.pdf, #9 Exhibit I - July 25 2013 email from R Kistler to G Despres.pdf, #10 Exhibit J - April 2013 Cognovit.pdf, #11 Exhibit K Disposition Fee Bill.pdf)(Niehaus, James) |
|
Order [non-document]Granting Defendants' Stipulated Motion for leave until 4/27/2015 to answer complaint. (Related Doc #7 ). Judge Lesley Wells on 3/24/2015.(C,LS)
|
| Filing 8 Corporate Disclosure Statement filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc.. (Murnane, Colleen) |
| Filing 7 Stipulated Motion for leave to Plead or Otherwise Respond to Plaintiff's Complaint filed by Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Murnane, Colleen) |
| Filing 6 Return of Service by certified mail executed upon M10 Motors, Inc. on 3/13/2015, filed on behalf of Gabriel W. Despres Related document(s) #2 . (Zidar, Rachelle) |
| Filing 5 Return of Service by certified mail executed upon Bernie Moreno Companies on 3/5/2015; M1 Motors, Inc. on 3/5/2015; M10 Motors, Inc. on 3/5/2015; M11 Motors, Inc. on 3/5/2015; M11 Motors, LLC on 3/5/2015; M12 Motors, Inc. on 3/5/2015; M13 Motors, Inc. on 3/5/2015; M14 Motors, Inc. on 3/5/2015; M15 Motors, Inc. on 3/5/2015; M16 Motors, Inc. on 3/5/2015; M17 Motors, Inc. on 3/5/2015; M2 Motors, Inc. on 3/5/2015; M3 Motors, Inc. on 3/5/2015; M4 Motors, Inc. on 3/5/2015; M5 Motors, Inc. on 3/5/2015; M6 Motors, Inc. on 3/5/2015; M7 Motors, Inc. on 3/5/2015; M8 Motors, Inc. on 3/5/2015; M9 Motors, Inc. on 3/5/2015, filed on behalf of Gabriel W. Despres Related document(s) #2 . (Zidar, Rachelle) |
|
Order [non-document]Granting Motion for appearance pro hac vice. Howard M. Cooper is added as counsel for plaintiff Gabriel W. Despres. 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 #3 ). Judge Lesley Wells on 3/6/2015.(C,LS)
|
|
Order [non-document]granting Motion for appearance pro hac vice. Suzanne Elovecky is added as counsel for plaintiff Gabriel W. Despes. 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 #4 ). Judge Lesley Wells on 3/6/2015.(C,LS)
|
| Filing 4 Motion for attorney Suzanne Elovecky to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6986787, filed by Plaintiff Gabriel W. Despres. (Attachments: #1 Exhibit 1, Affidavit of Suzanne Elovecky, #2 Exhibit 2, Certificate of Good Standing)(Zidar, Rachelle) |
| Filing 3 Motion for attorney Howard M. Cooper to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6986759, filed by Plaintiff Gabriel W. Despres. (Attachments: #1 Exhibit 1, Affidavit of Howard M. Cooper, #2 Exhibit 2, Certificate of Good Standing)(Zidar, Rachelle) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Bernie Moreno Companies, M1 Motors, Inc., M10 Motors, Inc., M10 Motors, Inc.(c/o CT Corporation System), M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M5 Motors, Inc. (c/o CT Corporation System), M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. (Attachments: #1 Magistrate Consent Form) (C,B) |
| Filing 1 Complaint with jury demand against M1 Motors, Inc., M10 Motors, Inc., M11 Motors, Inc., M11 Motors, LLC, M12 Motors, Inc., M13 Motors, Inc., M14 Motors, Inc., M15 Motors, Inc., M16 Motors, Inc., M17 Motors, Inc., M2 Motors, Inc., M3 Motors, Inc., M4 Motors, Inc., M5 Motors, Inc., M5 Motors, Inc., M6 Motors, Inc., M7 Motors, Inc., M8 Motors, Inc., M9 Motors, Inc., Bernardo F. Moreno. Filing fee paid $ 400, Receipt number 0647-6984725. Filed by Gabriel W. Despres. (Attachments: #1 Exhibit A, Compensation Plan dated April 13, 2005, #2 Exhibit B, E-mail dated November 12, 2011, #3 Exhibit C, Correspondence from Bernie Moreno to Gabriel Despres, #4 Civil Cover Sheet, #5 Summons for 22 Defendants) (Panza, Richard) Modified, deleted duplicate text and additional service addresses included as a party, on 3/3/2015 (C,B). |
| Judge Lesley Wells 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
