Avis Rent A Car System et al v. City of Dayton, Ohio
| Avis Rent A Car System and Budget Rent A Car System Inc |
| City of Dayton, Ohio |
| 3:2012cv00399 |
| November 28, 2012 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
98
DECISION AND ENTRY OVERRULING THE MOTION FOR PLAINTFFS AVIS RENT A CAR SYSTEM, LLC AND BUDGET RENT A CAR SYSTEM, INC., FOR ATTORNEYS' FEES (DOC. # 82 ) AND THE MOTION OF ENTERPRISE PLAINTIFFS FOR ATTORNEYS' FEES (DOC. # 83 ). Signed by Judge Walter H. Rice on 9/25/2015. (jdf)
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Filing
88
DECISION AND ENTRY OVERRULING, WITHOUT PREJUDICE TO RENEWAL, THE MOTIONS OF THE PLAINTIFFS FOR ATTORNEYS' FEES UNDER RULE 54( d)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE (DOC. # 82 AND # 83 ), WITHOUT PREJUDICE TO RENEWAL, SHOULD SAME REMAIN VIABLE AFTER THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Signed by Judge Walter H Rice on 8/1/2014. (ead) Modified on 8/1/2014 (ead).
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Filing
87
ORDER TO PLAINTIFFS AND DEFENDANT TO FILE NO FURTHER BRIEFS IN SUPPORT OR MEMORANDA CONTRA TO PLAINTIFFS' MOTIONS FOR ATTORNEYS' FEES UNDER RULE 54(d)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE (DOC. # 82 AND DOC. # 83 ); FOLLOWING RESOLUTION OF THIS MATTER BY THE COURT OF APPEALS, THE COURT WILL REQUEST FUTURE BRIEFING ON SAID MOTIONS, IF SAME REMAIN VIABLE. Signed by Judge Walter H Rice on 09/16/13. (pb1)
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Filing
85
CLERKS JUDGMENT - Pursuant to this courts entry dated August 22,2013, the court enters Judgment in favor of all Plaintiffs and against the Defendant, the City of Dayton, on Plaintiffs' breach of contract claims, with declaration of attendant r ights and responsibilities of all parties, including the following: I. The twenty-year lease term of each Plaintiffs Ready/Return Agreement commenced on August 1, 2012, the Garage Completion Date, and will terminate on July 31, 2030. 2. Accordingly , each Plaintiffs Ready/Return Agreement did not terminate on December 31, 2012; 3. The City and all Plalnltffs are bound by each Ready/Return Agreement to which they are a party, subject to any future amendment or successor agreements negotiated in good faith by the parties; and 4. The City Is enjoined from instituting a permit process to replace its existing Ready/Return Agreements with all Plaintiffs until expiration of said agreements on July 31, 2030. Signed on 09/09/13. (pb1)
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Filing
81
DECISION AND ENTRY DISMISSING, WITH PREJUDICE, COUNT TWO OF THE AMENDED COMPLAINT (DOC. # 65 IN 3:12-CV-399) OF PLAINTIFFS AVIS RENT A CAR SYSTEM, LLC AND BUDGET RENT A CAR SYSTEM, INC.; DISMISSING, WITH PREJUDICE, COUNT TWO OF THE AMENDED COMPLAINT (DOC. # 37 IN 3:12-CV- 405) OF PLAINTIFFS ENTERPRISE RAC COMPANY OF CINCINNATI, LLC DBA ENTERPRISE RENT-A-CAR AND VANGUARD CAR RENTAL USA, LLC DBA NATIONAL AND ALAMO; DIRECTING PLAINTIFFS TO FILE MOTIONS FOR ATTORNEY FEES, WITHIN 14 CALENDAR DAYS F ROM DATE, UNDER RULE 54(d)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE; MOTIONS FOR ATTORNEY FEES TO BE RESOLVED AFTER ANTICIPATED APPEAL WITH NO BRIEFING AND NO QUANTIFICATION OF AMOUNT OF REQUESTED FEES OR HOURS EXPENDED AT THIS TIME; CONSOLIDATING, UNDER RULE 42(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE, CASE NO. 3:12-CV-399 AND CASE NO. 3:12-CV-405; THE PARTIES ARE DIRECTED TO FILE ALL FUTURE MATTERS IN CASE NO. 3:12-CV-399; CASE NO. 3:12-CV-405 ORDERED ADMINISTRATIVELY PROCESSED; JUDGEMENT TO ENTER AS SET FORTH HEREIN, FOLLOWING FILING OF MOTION FOR ATTORNEY FEES; DIRECTIVE TO COUNSEL. Signed by Judge Walter H Rice on 8/22/2013. (jdf1)
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Filing
79
DECISION AND ENTRY SETTING FORTH THE RESULTS OF THE COURT'S IN CAMERA INSPECTION OF PLAINTIFFS' JOINT LITIGATION, COOPERATION AND CONFIDENTIALITY AGREEMENT. Signed by Judge Walter H Rice on 8/5/2013. (kf)
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Filing
77
DECISION AND ENTRY SUSTAINING MOTION FOR SUMMARY JUDGMENT (DOC. 37 IN 3:12-CV-399) OF PLAINTIFFS AVIS RENT A CAR SYSTEM, LLC AND BUDGET RENT A CAR SYSTEM, INC.; SUSTAINING MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT ONE OF THE AMENDED COMPLAINT (D OC. 38 IN 3: 12-CV- 405) OF PLAINTIFFS ENTERPRISE RAC COMPANY OF CINCINNATI, LLC DBA ENTERPRISE RENT-A-CAR AND VANGUARD CAR RENTALUSA, LLC DBA NATIONAL AND ALAMO; OVERRULING CROSS-MOTIONS FOR SUMMARY JUDGMENT (DOC. 58 IN 3: 12-CV-399 & DOC. 40 IN 3:12-CV-405) OF DEFENDANT CITY OF DAYTON, OHIO; OVERRULING DEFENDANT'S MOTION FOR ORAL ARGUMENT (DOC. 41 IN3:12-CV-405), AS ORAL ARGUMENT NOT DEEMED NECESSARY; VACATING THE COURT'S JULY 1, 2013, ORDER SUSTAINING DEFENDANT'S MOTION FOR ORAL ARGUMENT (DOC 59 IN 3:12-CV-399); OVERRULING, WITHOUT PREJUDICE, DEFENDANT'S MOTION IN LIMINE TO EXCLUDE PAROL EVIDENCE (DOC. 62 IN 3: 12-CV-399 & DOC. 45 IN 3:12-CV-405). Signed by Judge Walter H Rice on 7/24/2013. (kf)
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Filing
70
DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION TO QUASH SUBPOENA OF ATTORNEY SUZANNE C. BECK (DOC. 23 ). Signed by Judge Walter H Rice on 7/15/2013. (kf)
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Filing
64
DECISION AND ENTRY, NUNC PRO TUNC DECEMBER 5, 2012, OVERRULING PLAINTIFFS' MOTIONS FOR A TEMPORARY RESTRAINING ORDER (DOC. 3 IN 3:12-cv-399 & DOC. 5 IN 3:12-CV-405) AS MOOT AND OVERRULING PLAINTIFFS' MOTIONS FOR EXPEDITED DISCOVERY (DOC. 4 IN 3:12-cv-399 & DOC. 6 IN 3:12-CV-405) AS MOOT. Signed by Judge Walter H Rice on 7/12/2013. (kf)
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Filing
34
ENTRY SETTING TRIAL DATE AND OTHER DATES - Exhibit List due by 7/5/2013. Motions due by 7/2/2013. Pretrial Order due by 7/9/2013. Trial Upon the Merits set for 7/30/2013 at 09:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Final Pretrial Conference set for 7/16/2013 at 05:00 PM in Teleconference before Judge Walter H Rice. Signed by Judge Walter H Rice on 4/10/2013. (kf)
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Filing
20
AGREED PROTECTIVE ORDER. Signed by Judge Walter H Rice on 1/16/2013. (kje1)
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Filing
14
ENTRY SETTING HEARING ON PLAINTIFFS' REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF; DISCOVERY STATUS; DATE SET FOR COURT TO BE NOTIFIED ON SPECIFIC MATTER, ( Hearing set for 2/21/2013 AT 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice.) Signed by Judge Walter H Rice on 12/13/12. (pb1)
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Filing
7
ENTRY DIRECTING PLAINTIFFS TO SUBMIT A STATEMENT IDENTIFYING THE CITIZENSHIP OF EACH OF THE MEMBERS OF AVIS RENT A CAR SYSTEM, LLC FOR PURPOSES OF DETERMINING THE COURT'S JURISDICTION UNDER 28 U.S.C. § 1332. Signed by Judge Walter H Rice on 12/10/12. (pb1)
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