Merc Acquisitions, Inc. v. Burnham et al
Plaintiff: Merc Acquisitions, Inc.
Defendant: Ross White and Jeffrey Burnham
Case Number: 5:2014cv02113
Filed: September 23, 2014
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Summit
Presiding Judge: Sara Lioi
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 14, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2014 Opinion or Order Filing 12 Stipulation and Order of Dismissal: Pursuant to Rules 41(a)(1)(A)(ii) and 41(a)(1)(B) of the Federal Rules of Civil Procedure, Plaintiff and Defendants, by and through their respective undersigned attorneys, hereby stipulate that the above-captioned action is voluntarily dismissed, without prejudice, with each party to bear its own attorney fees and expenses and Plaintiff to bear court costs. (Related Doc #11 ). Judge Sara Lioi on 10/14/2014. (P,J)
October 10, 2014 Filing 11 Proposed Stipulated Notice of Voluntary Dismissal Under FRCP 41(a)(1) Without Prejudice filed by Merc Acquisitions, Inc.. (Rechner, Matthew) Modified text on 10/14/2014 (H,KR).
October 6, 2014 Filing 10 Joint Answer to #1 Complaint with Jury Demand filed by Jeffrey Burnham, Ross White. (Posner, David) Modified text on 10/7/2014 (H,KR).
October 3, 2014 Filing 9 Corporate Disclosure Statement filed by Merc Acquisitions, Inc.. (Rechner, Matthew)
October 1, 2014 Filing 8 Stipulation & Order: Plaintiff and Defendants have reached a stipulated resolution of Plaintiff's Motion for Preliminary Injunction through informal discussions, and certain terms have been reduced to writing and entered on the Court's docket in the form of this Stipulation. (Related Doc #6 ). Judge Sara Lioi on 10/1/2014. (P,J)
September 30, 2014 Filing 7 Plaintiff's Notice of Withdrawal of its Motion for Preliminary Injunction filed by Merc Acquisitions, Inc.. (Rechner, Matthew)
September 30, 2014 Filing 6 Joint Proposed Stipulation filed by Merc Acquisitions, Inc.. (Rechner, Matthew)
September 30, 2014 Filing 5 Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 11/14/2014; Deadline for completing non-expert discovery 2/27/2015; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 3/27/2015; Deadline to identify rebuttal experts and provide reports 4/30/2015; Deadline for completing expert discovery 5/29/2915; Deadline for filing dispositive motions 5/29/2915; Deadline for filing oppositions to motions 6/29/2015; Deadline for filing replies to responses 7/17/2015; Status Conference set for 3/5/2015 at 10:00 AM; Final Pretrial Conference set for 9/10/2015 at 2:00 PM; Jury Trial set on two week standby period beginning 9/28/2015 at 8:00 AM. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/30/2014. (P,J)
September 30, 2014 Minutes of proceedings [non-document]. On 9/30/14, proceedings were convened by Judge Sara Lioi. Attorneys Matthew Rechner and Joseph Muska appeared with plaintiff's client representative, Tom Bianco. Attorney David Posner appeared with his clients, defendants Jeffrey Burnham and Ross White. The Court had scheduled a hearing on plaintiff's motion for preliminary injunction, but prior to the hearing counsel advised the Court that they had reached a resolution with regard to the request for preliminary injunctive relief. Counsel will file their agreement for the record. In light of the fact that all counsel and parties were present, the Court decided to conduct the Case Management Conference. After discussion about the underlying allegations and the parties' respective positions on the issues, counsel proposed case management deadlines, which the Court adopted. A Case Management Plan and Trial Order will issue separately. (Court reporter: None) (Time: 45 minutes) (P,J)
September 29, 2014 Filing 4 Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by All Defendants. Related document(s) #1 . (Attachments: #1 Exhibit A - Berardi's v. PMD, #2 Exhibit B - E-S'olutions v. Hoelzer, #3 Exhibit C - Cintas v. Perry, #4 Exhibit D - Dayton v. Yan, #5 Exhibit E - Litigation v. Bourgeois, #6 Exhibit F - Grief v. MacDonald, #7 Exhibit G - Zimmer v. Albring, #8 Exhibit H - TOA Technologies v. Guzzetti) (Posner, David)
September 24, 2014 Filing 3 Initial Standing Order. Judge Sara Lioi on 9/24/2014. (P,J)
September 24, 2014 Minutes of proceedings [non-document]. An impromptu telephone conference was conducted on 9/24/14 by Judge Sara Lioi. Attorney Matthew Rechner participated on behalf of plaintiff and Attorney David Posner participated on behalf of defendants. The Court noted that, while the case was before the Common Pleas Court, a temporary restraining order issued, which will expire on 9/30/14. The Court will conduct a preliminary injunction hearing on 9/30/14 at 9:00 a.m. Any pre-hearing briefs shall be filed by noon on 9/29/14. The Court encouraged counsel to try to resolve the case before the hearing and, if it is not resolved by then, to come to the hearing with a mindset to work toward resolution. (Court reporter: none) (Time: 10 minutes) (P,J)
September 23, 2014 Filing 2 Magistrate Consent Form issued. (C,BA)
September 23, 2014 Filing 1 Notice of Removal from Summit County Common Pleas, case number 2014094239 Filing fee $ 400, receipt number 0647-6746766.. Filed by Ross White, Jeffery Burnham. (Attachments: #1 Exhibit Verified Complaint in Summit County, #2 Exhibit Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, #3 Exhibit Temporary Restraining Order, #4 Exhibit Declaration of Jeffrey Burnham, #5 Exhibit Declaration of Ross White, #6 Exhibit Lynch v. Greenwald Case, #7 Exhibit Black v. Stouffer Realty, #8 Exhibit CPI Qualified Plan Consultants v. Barlow, #9 Civil Cover Sheet) (Posner, David)
September 23, 2014 Judge Sara Lioi assigned to case. (C,BA)
September 23, 2014 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (C,BA)

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Defendant: Ross White
Represented By: David A. Posner
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Defendant: Jeffrey Burnham
Represented By: David A. Posner
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Plaintiff: Merc Acquisitions, Inc.
Represented By: Joseph M. Muska
Represented By: Matthew R. Rechner
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