Spachman v. Great American Insurance Company et al
| Alan R Spachman |
| Donald D Larson, Joseph E Consolino, National Interstate Corporation, Gary J Gruber, Vito C Peraino, American Financial Group, Inc., Great American Insurance Company, Keith A Jensen and David W Michelson |
| 5:2014cv00509 |
| March 5, 2014 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| James S Gwin |
| Stockholders Suits |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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| Filing 48 Joint Stipulated Dismissal with prejudice approved by Judge James S. Gwin on 5/5/14. (Related Doc. #47 ) (M,G) |
| Filing 47 Joint Proposed Stipulation for Dismissal with Prejudice filed by National Interstate Corporation. (Lamb, Brian) |
Filing 46
Marginal Entry Order signed by Judge James S. Gwin on 4/15/14 granting the parties' joint #45 Motion for extension of time until 4/18/14 to file motion for attorneys' fees.(S,HR)
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| Filing 45 Joint Motion for extension of time until 4/18/14 to File Motion for Attorneys' Fees filed by Plaintiff Alan R Spachman. (Swanson-Haan, Karen) |
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Order [non-document] entered by Judge James S. Gwin on 3/31/14 granting the parties' joint motion for extension of time for plaintiff's filing of a motion for attorneys' fees. The motion shall be filed by 4/14/14. (Related Doc. #44 ) (M,G)
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| Filing 44 Joint Motion for extension of time to File Motion for Attorneys' Fees filed by Plaintiff Alan R Spachman. (Swanson-Haan, Karen) |
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Filing 43
Marginal Entry Order signed by Judge James S. Gwin on 3/18/14 approving plaintiff's notice of dismissal without prejudice. (Related Doc. #41 ) (M,G)
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| Filing 42 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/14/14 before Judge Gwin, Court Reporter: Heidi Geizer. Requested completion date: 3/15/14 filed by American Financial Group, Inc., Great American Insurance Company. (Lauderdale, Jeffrey) |
| Filing 41 Notice of Dismissal Under FRCP 41(a)(1) (A)(i) Without Prejudice filed by Alan R Spachman. (Warren, Daniel) |
| Filing 40 Minutes of case management conference before Judge James S. Gwin on 3/14/14. (Court Reporter: none; Time: 2 hrs. 40 min.) (M,G) |
| Filing 39 Minutes of preliminary injunction hearing before Judge James S. Gwin on 3/14/14. (Court Reporter: H. Geizer; Time: 5 hrs. 8 min.) (M,G) Modified text to correct typo and regenerated NEF on 3/17/2014.(M,G). |
| Filing 38 Notice of Withdrawal of Tender Offer filed by American Financial Group, Inc., Great American Insurance Company. (Attachments: #1 Exhibit A) March 16, 2014 Press Release)Related document(s) #26 .(Lauderdale, Jeffrey) |
| Filing 37 Transcript of Hearing on Motion for Preliminary Injunction held on 03-14-2014 before Judge James S. Gwin. To obtain a copy of this transcript please contact court reporter Heidi Blueskye Geizer at 216-357-7092. [195 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/24/2014. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/15/2014. Release of Transcript Restriction set for 6/13/2014. (G,He) |
| Filing 36 Witness List for March 14, 2014 Hearing on Plaintiff's Motion for Preliminary Injunction filed by Alan R Spachman (Related document(s) #25 ) (Warren, Daniel). Modified on 3/14/2014 to add link (H,SP). |
| Filing 35 Witness List for March 14, 2014 Hearing on Plaintiff's Motion for Preliminary Injunction filed by American Financial Group, Inc., Great American Insurance Company (Related document(s) #25 ) (Zell, Eric). Modified on 3/14/2014 to add link (H,SP). |
| Filing 34 Reply to response to #26 Motion for temporary restraining order and Motion for preliminary injunction and opposition to defendants' Motion to stay, filed by Alan R Spachman (Related document(s) #24 ). (Attachments: #1 Declaration of James A Slater Jr, #2 Exhibit A - Schedule 14D-9 filed by National Interstate on March 11, 2014, #3 Exhibit B - Schedule 14D-9 filed by National Interstate on March 12, 2014, #4 Exhibit C - Second Schedule 14D-9 filed by National Interstate on March 12, 2014, #5 Exhibit D - Wrongful termination complaint filed by Robert Bernatchez against National Interstate, #6 Exhibit E - Transcript from 2/28/2014 hearing in Hamilton County Court of Common Pleas, #7 Exhibit F - Transcript from 2/27/2014 hearing in Hamilton County Court of Common Pleas, #8 Exhibit G - February 28, 2014 Cincinnati Enquirer article) (Slater, James). Modified text on 3/14/2014 and added link (H,SP). |
| Filing 33 Attorney Appearance by Thomas H. Stewart filed by on behalf of Joseph E Consolino, Gary J Gruber, Keith A Jensen, Donald D Larson, Vito C Peraino. (Stewart, Thomas) |
| Filing 32 Notice of Filing Corrected Certificate of Compliance filed by Alan R Spachman. Related document(s) #26 .(Warren, Daniel) |
| Filing 31 Letter Re: Page Limitation filed by Alan R Spachman. (Warren, Daniel) |
| Filing 30 Opposition to #26 Motion for temporary restraining order Motion for preliminary injunction filed by David W Michelson. (Attachments: #1 Agreed Protective Order in Bernatchez v. American Financial Group, dated 2/24/2014, #2 Motion for Issuance of Commission to Require Production of Documents and Testimony of Alan Spachman, in Bernatchez v. American Financial Group, dated 3/6/2014, #3 Amended Complaint in Cambridge Retirement System v. Consolino, Case No. 2014-02-0819, filed 2/21/2014, #4 Transcript of Motion Hearing in Cambridge Retirement System, dated March 3, 2014)(Funk, Stephen) |
| Filing 29 Opposition to #26 Motion for temporary restraining order Motion for preliminary injunction filed by National Interstate Corporation. (Attachments: #1 Exhibit 16: National Interstate 14 D9, #2 Exhibit 17: National Interstate 14 D9 Am1, #3 Exhibit 18: National Interstate 14 D9 Am2, #4 Exhibit 19: National Interstate 14 D9 Am 3, #5 Exhibit 20: National Interstate 14 D9 Am 4, #6 Exhibit 21: National Interstate 14 D9 Am 5, #7 Exhibit 22: National Interstate 14 D9, #8 Exhibit 23: Spachman 14 D9 Am)(Lamb, Brian) |
| Filing 28 Motion for joinder in the Individual Defendants' Motion to Stay Based on Doctrine of Abstention filed by American Financial Group, Inc., Great American Insurance Company. Related document(s) #24 . (Lauderdale, Jeffrey) |
| Filing 27 Opposition to #26 Motion for temporary restraining order Motion for preliminary injunction filed by American Financial Group, Inc., Great American Insurance Company. (Attachments: #1 Exhibit Declaration of Jeffrey J. Lauderdale, #2 Exhibit A) February 5, 2014 Offer to Purchase, #3 Exhibit B) February 21, 2014 Amended and Restated Offer to Purchase, #4 Exhibit C) March 3, 2014 Press Release, #5 Exhibit D) February 19, 2014 Schedule 14D9 of National Interstate Corp., #6 Exhibit E) February 19, 2014 Schedule 14D9 of Alan R. Spachman, #7 Exhibit F) Affidavit of Alan R. Spachman, #8 Exhibit G) Letter from James A. Slater, Esq. to Judge Beth Myers, #9 Exhibit H) February 28, 2014 Transcript of Proceedings before Judge Beth Myers, #10 Exhibit I) Fourth Amended and Restated Articles of Incorporation of National Interstate Corp., #11 Exhibit J) February 21, 2014 Schedule TO, Amendment 2 of Great American Insurance Company)(Lauderdale, Jeffrey) |
| Filing 26 Motion for temporary restraining order, and Motion for preliminary injunction filed by Plaintiff Alan R Spachman. (Attachments: #1 Brief in Support, #2 James A. Slater Declaration with exhibits) (Warren, Daniel). Modified text on 3/13/2014 (H,SP). |
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Filing 25
Order signed by Judge James S. Gwin on 3/12/14. The preliminary injunction hearing scheduled for 3/14/14 at 1:00 p.m., is change as to time only and will now commence at 11:00 a.m., due to a conflict on the Court's docket. The Court advises counsel as set forth in this entry with regard to testimony by witnesses and exhibit and witness lists for the scheduled motion hearing. (M,G) Modified typo on 3/14/2014 (H,SP).
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| Filing 24 Motion to stay based upon doctrine of abstention - Oral Argument Requested filed by Joseph E Consolino, Gary J Gruber, Keith A Jensen, Donald D Larson, Vito C Peraino. Related document(s) #22 . (Attachments: #1 Brief in Support)(Cioffi, Michael) |
| Filing 23 Opposition to #2 Motion for temporary restraining order Motion for preliminary injunction filed by Joseph E Consolino, Gary J Gruber, Keith A Jensen, Donald D Larson, Vito C Peraino. (Cioffi, Michael) |
| Filing 22 Declaration of Michael L. Cioffi in Support of Motion to Dismiss or Stay filed by Joseph E Consolino, Gary J Gruber, Keith A Jensen, Donald D Larson, Vito C Peraino. (Attachments: #1 Exhibit A-1: Complaint in Hamilton County Action, #2 Exhibit A-2: Docket in Hamilton County Action, #3 Exhibit B: TRO Motion in Hamilton County Action, #4 Exhibit C: Transcript of TRO hearing in Hamilton County Action, #5 Exhibit D - Spachman counsel letter in Hamilton County Action, #6 Exhibit Transcript of TRO decision in Hamilton County Action, #7 Exhibit F: Order denying injunctive relief in Hamilton County Action, #8 Exhibit G: Case Scheduling Order in Hamilton County Action, #9 Exhibit H: Docket in Summit County Action, #10 Exhibit I: Transcript of hearing in Summit County Action)(Cioffi, Michael) Modified text on 3/13/2014 and to note, No Motion to Dismiss filed (H,SP). |
| Filing 21 Attorney Appearance by Michael L. Cioffi filed by on behalf of Joseph E Consolino, Gary J Gruber, Keith A Jensen, Donald D Larson, Vito C Peraino. (Cioffi, Michael) |
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Filing 20
Order signed by Judge James S. Gwin on 3/11/14 denying the parties' motions to file memorandums related to the motion for temporary restraining order and preliminary injunction in excess of the page limit. The original filings will be marked as errors and the pleadings will need be re-filed in compliance with the page limit. The Court grants the motion of Defendant National Interstate Corp., for leave to file under seal its opposition to motion for temporary restraining and preliminary injunction. (Related Docs. #2 , #3 , #11 , #12 , #18 ) (M,G)
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| Filing 19 Opposition to #18 Motion for leave to File Opposition to Plaintiff's Motion for TRO and Preliminary Injunction Under Seal filed by Alan R Spachman. (Warren, Thomas) |
| Filing 18 Motion for leave to File Opposition to Plaintiff's Motion for TRO and Preliminary Injunction Under Seal filed by Defendant National Interstate Corporation. (Lamb, Brian) |
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Order [non-document] entered by Judge James S. Gwin on 2/10/14 granting the motions for admission pro hac vice of Attorney Stephen R. DiPrima and Attorney Benjamin D. Klein on behalf of plaintiff. 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 Docs. #4 , #5 ) (M,G)
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| Filing 17 SEALED Document:Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction filed by Alan R Spachman. Related document(s) #16 , #2 . (Attachments: #1 Exhibit A -- SEC Correspondence)(Warren, Daniel) |
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Filing 16
Marginal Entry Order granting Motion for leave to file UNDER SEAL Reply in support of Motion for Temporary Restraining Order and Preliminary Injunction (Related Doc #15 ). Approved by Judge James S. Gwin on 3/7/2014. (M,De)
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| Filing 15 Motion for leave to file Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction Under Seal filed by Plaintiff Alan R Spachman. (Warren, Daniel) |
| Filing 14 IMPORTANT: Notice regarding #2 Motion for preliminary injunction with hearing to be held on 3/14/2014 at 1:00 p.m. in Courtroom 18A before the Honorable James S. Gwin. (M,De) Modified text on 3/7/2014 to indicate Hearing on Motion for preliminary injunction will be held in Courtroom 18A (M,De). |
| Filing 13 Attorney Appearance by Stephen W. Funk and Jessica A. Lopez filed by on behalf of David W Michelson. (Funk, Stephen) |
| Copy of NEF #14 Notice of Hearing on Motion for Preliminary Injunction also e-mailed on 3/7/2014 to Michael Cioffi, Stephen DiPrima and Benjamin Klein. (M,De) |
| Filing 12 Motion for leave to exceed page limitations for Opposition to Motion for Temporary Restraining Order and Preliminary Injunction filed by American Financial Group, Inc., Great American Insurance Company. Related document(s) #11 . (Lauderdale, Jeffrey) |
| Filing 11 FILING ERROR, SEE ORDER OF 3/11/14 #20 . Opposition to #2 Motion for temporary restraining order Motion for preliminary injunction filed by American Financial Group, Inc., Great American Insurance Company. (Attachments: #1 Exhibit A) Original Offer to Purchase, #2 Exhibit B) Amended Offer to Purchase, #3 Exhibit C) March 3, 2014 Press Release, #4 Exhibit D) National Interstate Schedule 14D-9, #5 Exhibit E) Alan Spachman Schedule 14D-9, #6 Exhibit F) Alan Spachman Affidavit, #7 Exhibit G) Feb. 28, 2014 Letter from James A. Slater to Judge Beth Myers, #8 Exhibit H) Transcript of Feb. 28, 2014 Heaing in Bernatchez Litigation, #9 Exhibit I) Transcript of Feb. 27, 2014 Hearing in Bernatchez Litigation, #10 Exhibit J) Articles of Incorporation of National Interstate, #11 Exhibit K) GAIC Schedule TO, Amendment 2) (Lauderdale, Jeffrey). Modified on 3/11/2014 for filing error (H,SP). |
| Filing 10 Attorney Appearance by Thomas M. Ritzert filed by on behalf of National Interstate Corporation. (Ritzert, Thomas) |
| Filing 9 Attorney Appearance by Anthony J. Rospert filed by on behalf of National Interstate Corporation. (Rospert, Anthony) |
| Filing 8 Attorney Appearance by Brian J. Lamb filed by on behalf of National Interstate Corporation. (Lamb, Brian) |
| Filing 7 Notice of Appearance of Eric S. Zell, Jeffrey J. Lauderdale, Mitchell G. Blair and James E. Burke filed on behalf of American Financial Group, Inc., Great American Insurance Company (Zell, Eric). Modified text on 3/7/2014 (H,SP). |
| Filing 6 Magistrate Consent Form issued. Summons not provided or issued. (S,He) |
| 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. (S,He) |
| Judge James S. Gwin assigned to case. (S,He) |
| Filing 5 Motion for attorney Benjamin D. Klein to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6435463, filed by Plaintiff Alan R Spachman. (Attachments: #1 Affidavit)(Warren, Daniel) Modified on 3/6/2014 (G,CA). |
| Filing 4 Motion for attorney Stephen R. DiPrima to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6435459, filed by Plaintiff Alan R Spachman. (Attachments: #1 Affidavit)(Warren, Daniel) Modified text on 3/6/2014 (G,CA). |
| Filing 3 Motion for leave to file memorandum in support of motion for temporary restraining order and preliminary injunction in excess of page limit filed by Plaintiff Alan R Spachman. Related document(s) #2 . (Warren, Daniel) Modified text on 3/6/2014 (S,He). |
| Filing 2 FILING ERROR, SEE ORDER OF 3/11/14 #20 . Motion for temporary restraining order , Motion for preliminary injunction filed by Plaintiff Alan R Spachman. (Attachments: #1 Brief in Support, #2 Affidavit of James A. Slater Jr.)(Warren, Daniel) Modified on 3/11/2014 for filing error (H,SP). |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-6435452. Filed by Alan R Spachman. (Attachments: #1 Civil Cover Sheet) (Warren, Daniel) |
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