Lucas v. Jolin et al
| Vincent Lucas |
| Aurelio Jolin, Visram, Inc. and John Doe |
| 1:2015cv00108 |
| February 11, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| CLERMONT |
| Timothy S. Black |
| Stephanie K. Bowman |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
104
DECISION AND ENTRY PARTIALLY ADOPTING 101 REPORT AND RECOMMENDATIONS. Plaintiff's motion for contempt (Doc. 95) is DENIED; The U.S. Marshal shall deliver personal service of the following documents upon the registered agent for Waycross South Properties, LLC: a) a copy of the subpoena issued to Waycross South Properties, LLC on June 10, 2016 (Doc. 87-1); b) a copy of magistrate judge's October 6, 2016 order to compel (Doc. 90); c) a copy of the magistrate judge's most recent rep ort and recommendations (Doc. 101); and d) a copy of this Order; Plaintiff's ex parte motion for writ of garnishment (Doc. 99) is GRANTED. The magistrate judge is instructed to effectuate service of the writ in accordance with Ohio law; Plaintif f's amended motion for discovery in aid of execution of judgment (Doc. 100) is GRANTED. TransUnion, Equifax Inc., and Experian Information Solutions Inc. are ORDERED to disclose to Plaintiff any credit report they possess for judgment debtor Sha wn Wolmuth; Plaintiff's motion for ruling on his objections to the report and recommendations (Doc. 103) is DENIED AS MOOT. Signed by Judge Timothy S. Black on 6/5/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
90
OPINION AND ORDER granting in part 87 Plaintiff's Motion to Compel non-party Waycross South Properties LLC to respond to the subpoena seeking records concerning Kevin Calvin. Waycross South Properties LLC shall respond to the previously serv ed subpoena on or before 10/20/2016. A copy of this Order shall be mailed to Waycross South Properties LLC, care of its statutory agent, Xiaomu Hu, at P.O. Box 425, Mason Ohio 45040, with a second courtesy copy to be mailed to Waycross South Propert ies LLC, 431 Ohio Pike, Cincinnati, Ohio 45255. Because default judgments have been entered against all remaining Defendants, because post-judgment enforcement of the pending subpoena is not impacted by closure of this case, and because post-judg ment interest is calculated from entry of "Final Judgment," this case should be resubmitted to the presiding district judge for consideration of whether the case should be CLOSED, and final judgment entered at this time. Signed by Magistrate Judge Stephanie K. Bowman on 10/6/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
88
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 85 ). Signed by Judge Timothy S. Black on 9/19/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
78
MEMORANDUM ORDER - IT IS ORDERED THAT: (1) Net VOIP's motion to quash the subpoena issued to Google 70 and/or for a protective order is GRANTED IN PART. (a) The referenced subpoena is hereby QUASHED except as modified as follows: (b) In respon se to the subpoena, Google shall produce to Plaintiff Lucas, on or before 6/15/2016, the to/from fields and time/date fields, for any communications between the subscriber victor.jolin@gmailcom and any email address ending in "@voipcom munications.com" that was transmitted between 1/1/2014 and 12/31/2015; (2) Plaintiff's construed motion to strike the entirety of Defendant's motion for summary judgment 72 is DENIED;(3) Plaintiff's motion to stay ruling on the pending motion for summary judgment until Plaintiff completes additional discovery under Rule 56(d) is GRANTED; (4) Plaintiff's prior oral motion to compel Defendant to produce additional discovery is GRANTED IN PART: (a) Defendant Net VOIP shal l, on or before 6/1/2016, provide its consent to Google and a request to release to Net VOIP any and all communications transmitted to or from any email address ending in "@voipcommunications.com" and Victor Jolin at victor.jolin@ gmailcom, to the extent that any responsive communications (including but not limited to emails) were transmitted between 1/1/2014 and 12/31/2015; (b) Within one week of receipt of the referenced communications from Google, Defendant shall transmit a ny responsive communications to Plaintiff. To the extent that Defendant Net VOIP withholds any documents, records, or communications produced to it by Google, Net VOIP shall produce to Plaintiff a privilege log explaining the basis for such withholdi ng; (5) Plaintiff's motion to exclude the Jolin affidavit attached to Defendant's reply memorandum in support of its motion for summary judgment 75 is GRANTED. Although undersigned declines to strike the affidavit from the record, the con tents of the affidavit will not be further considered by this Court. Signed by Magistrate Judge Stephanie K. Bowman on 5/16/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
37
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 31 ). (1) Plaintiff's unopposed motion for default judgment against Defendant Calvin 27 be GRANTED; (2) Defendant be directed to pay Plainti ff damages in the amount of $22,800 ($3,800 x 6 calls), with interest to be paid at the statutory rate until said judgment is satisfied. Further, Defendant Calvin and his employees, agents and aliases, and all other persons acting directly or indirectly in concert with Defendant Calvin, should be permanently enjoined from engaging in any unfair, deceptive, or unconscionable act or practice in violation of the Federal Telemarketing Sales Rule, 16 C.F.R. § 310, or the Federal Teleph one Consumer Protection Act, 47 U.S.C. § 227, or Ohio's Consumer Sales Protection Act, Ohio Rev. Code §§ 1345.01 et seq., or Ohio's Telephone Sales Solicitation Act, Ohio Rev. Code §§ 4719.01 et seq., as well as the related provisions of the Ohio Administrative Code; (3) Consistent with Plaintiff's "Notice of Voluntary Dismissal of Claims Against Starion Energy Inc," 28 , all claims be dismissed against that Defendant. Signed by Judge Timothy S. Black on 11/18/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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