Timken Gears & Services, Inc. v. White
| Timken Gears & Services, Inc. |
| Joseph White and Brad Foote Gear Works, Inc. |
| 2:2023cv00295 |
| September 5, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| James T Moody |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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Filing 38
ORDER: The Court GRANTS #36 Motion to Withdraw. The appearance of Attorney Samuel H. Ottinger for Plaintiff is WITHDRAWN. Approved by Magistrate Judge Joshua P Kolar on 11/3/2023. Text entry order. (tc)
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Filing 37
ORDER granting #35 Application to Appear Pro Hac Vice of Attorney Rose Marie L Fiore PHV for Timken Gears & Services, Inc. Signed by Magistrate Judge Joshua P Kolar on 11/2/2023. (ace)
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| Filing 36 MOTION to Withdraw as Attorney Samuel H. Ottinger by Plaintiff Timken Gears & Services, Inc.. (Drake, John) |
| Filing 35 Application for Attorney Rose Marie to Appear Pro Hac Vice on behalf of Timken Gears & Services, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5400822 (Attachments: #1 Certificate of Good Standing)(Fiore, Rose Marie) |
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Filing 34
MINUTE ORDER: Attorneys Rose Marie L. Fiore and Samuel H. Ottinger have not been admitted to practice in this district. Accordingly, the Court ORDERS Attorneys Fiore and Ottinger to seek admission to this district by November 2, 2023. Approved by Magistrate Judge Joshua P Kolar on 10/26/2023. Text entry order. cc: Fiore, Ottinger, White(tc)
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| Filing 33 NOTICE of Appearance by John A Drake on behalf of Timken Gears & Services, Inc. (Drake, John) |
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Filing 32
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 9/6/2023. cc: Alex Freitag, Joseph White, Rose Marie Fiore, Samuel Ottinger (tc)
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| Filing 31 Case transferred in from District of Ohio Northern; Case Number 5:22-cv-02189. Original file certified copy of transfer order and docket sheet received. |
| Filing 30 Opinion and Order: Under 28 U.S.C. 1404, the Court GRANTS Defendant's motion to transfer and ORDERS the Clerk to TRANSFER this action to the Northern District of Indiana. Judge J. Philip Calabrese on August 28, 2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 29 Brief in Opposition to Defendant Joseph White's Oral Motion to Dismiss filed by Timken Gears & Services, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Steve Patton, #2 Exhibit 2 - Declaration of Nicole Morrett) (Fiore, Rose Marie) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 28 Minutes and Order. The Court held a status conference on the record in Chambers 16B on August 8, 2023. Rose Marie Fiore appeared for Plaintiff Timken Gears & Services, Inc. Plaintiff's representatives Craig Swartz and Steve Patton also attended. Defendant Joseph White appeared pro se by Zoom. Defendant renewed his motion to dismiss or transfer the case. The Court ORDERS Plaintiff to respond in writing to Defendant's motion no later than August 15, 2023. The Court advised Mr. White that he should obtain counsel to represent him in this matter. Judge J. Philip Calabrese on 8/8/23. (Court Reporter: George Staiduhar.)Time: 30 minutes. (S,HR) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 27 Status Report filed by Joseph White (unsigned). (S,HR) [Transferred from Ohio Northern on 9/5/2023.] |
| Copy of #28 Minutes and Order mailed to Joseph White at 200 South 792, West County Road, Versailles, IN 47042. (S,HR) [Transferred from Ohio Northern on 9/5/2023.] |
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Filing 26
Order: At Plaintiff's request and without objection, the Court RESCHEDULES the status conference currently scheduled for July 14, 2023 to August 8, 2023 at 12:00 p.m. eastern time in person in Chambers 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio and ORDERS the attendance of Plaintiff's client representatives. Judge J. Philip Calabrese on July 12, 2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Copy of (ECF No. #26 ) Order emailed to Joseph White at JoeWhite978@yahoo.com and mailed to 200 South792 West County Road, Versailles, IN 47042 on 7/10/2023 on July 12, 2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
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Filing 25
Order: Based on Plaintiff's status report, the Court will hold the conference scheduled for July 14, 2023 in person in Chambers 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio and ORDERS the attendance of Plaintiff's client representatives. Judge J. Philip Calabrese on July 10, 2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Copy of (ECF No. #24 ) Status Report and (ECF No. #25 ) Order emailed to Joseph White at JoeWhite978@yahoo.com and mailed to 200 South792 West County Road, Versailles, IN 47042 on 7/10/2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 24 Status Report filed by Timken Gears & Services, Inc.. (Fiore, Rose Marie) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 23 Notice of Withdrawal of Counsel for Plaintiff Timken Gears & Services, Inc. filed by Timken Gears & Services, Inc.. (Bennett, Rebecca) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 22 Minutes and Order: The Court held a case management conference on June 7, 2023. Rose Marie Fiore appeared for Plaintiff Timken Gears & Services, Inc. Defendant Joseph White appeared pro se. The Court ORDERS the Plaintiff to file a status report no later than July 7, 2023 The Court schedules a status conference for July 14, 2023 at 2:00 p.m. eastern time by telephone. The Courtroom Deputy will circulate dial-in instructions beforehand. Judge J. Philip Calabrese on 6/8/2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
| Copy of (ECF No. #22 ) Minutes and Order mailed to Joseph White at 200 South, 792 West County Road, Versailles, IN 47042 on 6/8/2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 21 Case Management Conference Scheduling Order with case management conference to be held on June 7, 2023 at 3:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 3/13/2023. (Attachments: #1 Rule 26 Report of Parties)(Y,A) [Transferred from Ohio Northern on 9/5/2023.] |
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Filing 20
Order: The Court GRANTS Plaintiff's motion (ECF No. #19 ) and DISMISSES WITHOUT PREJUDICE Defendant Brad Foote Gear Works, leaving Joseph White as the only remaining Defendant in this action. Accordingly, the Court DENIES AS MOOT Brad Foote Gear Works' motion to dismiss (ECF No. #9 ). Judge J. Philip Calabrese on 3/13/2023.(Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 19 Motion to dismiss party Brad Foote Gear Works, Inc. filed by Plaintiff Timken Gears & Services, Inc.. (Ottinger, Samuel) [Transferred from Ohio Northern on 9/5/2023.] |
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Order [non-document]: The Court STRIKES Plaintiff's notice of dismissal as to Defendant Brad Foote Gear Works, which is improper under Rule 41. See Civil Standing Order, Section 10. The Court directs Plaintiff to file an appropriate motion if it intends to dismiss its claims against this Defendant. Judge J. Philip Calabrese on 3/7/2023. (Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 18 STRICKEN per Order dated 3/7/2023. Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice as to Defendant Brad Foote Gear Works, Inc., Only filed by Timken Gears & Services, Inc. (Ottinger, Samuel) Modified on 3/7/2023 (Y,A). [Transferred from Ohio Northern on 9/5/2023.] |
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Filing 17
Order: The Court DENIES Plaintiff's motion for a stay (ECF No. #14 ) and ORDERS Plaintiff to respond to Defendant's motion to dismiss or transfer no later than March 6, 2023. Judge J. Philip Calabrese on 2/27/2023.(Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 16 Notice of Service of the Complaint on Joseph White filed by Timken Gears & Services, Inc.. (Attachments: #1 Exhibit 1 - Federal Express Delivery Receipt) (Bennett, Rebecca) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 15 Opposition to #14 Motion to stay of Proceedings filed by Brad Foote Gear Works, Inc.. (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 14 Motion to stay of Proceedings filed by Plaintiff Timken Gears & Services, Inc.. (Fiore, Rose Marie) [Transferred from Ohio Northern on 9/5/2023.] |
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Order [non-document]: For good cause shown, Plaintiff's motion for an extension to February 13, 2023 to respond to the motion to dismiss Count III of the complaint is granted. Judge J. Philip Calabrese on 1/27/2023.(Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 13 Unopposed Motion for extension of time until February 13, 2023 to file response/reply to #9 Motion to dismiss Count III of Complaint Pursuant to Fed. R. Civ. Pro. 12(B)(2), 12(B)(3), and 12(B)(6), or Alternatively Motion to Transfer pursuant to 28.U.S.C. 1404(a), 1406(a) or 1631 filed by Plaintiff Timken Gears & Services, Inc.. (Related document(s) #9 ). (Attachments: #1 Proposed Order) (Fiore, Rose Marie) [Transferred from Ohio Northern on 9/5/2023.] |
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Order [non-document]: For good cause shown, the Court GRANTS Plaintiff's motion. Plaintiff Timken Gears & Services Inc. may attempt service on Defendant Joseph White by mailing (1) the Complaint filed in the Stark County Common Pleas Court; and (2) Defendant Brad Foote Works, Inc.'s Notice of Removal via Federal Express to Defendant White. Judge J. Philip Calabrese on 1/13/2023.(Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 12 Motion Order to Perfect Service on Defendant Joseph White via Federal Express Delivery filed by Plaintiff Timken Gears & Services, Inc.. (Attachments: #1 Proposed Order)(Bennett, Rebecca) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 11 Answer to Complaint and Affirmative Defenses filed by Brad Foote Gear Works, Inc.. (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 10 Memorandum of Points and Authorities in Support of its Motion to Dismiss Count III of Complaint Pursuant to Fed. R. Civ. Pro. 12(B)(2), 12(B)(3), AND 12(B)(6), or Alternatively to Transfer Pursuant to 28 U.S.C. 1404(a), 1406(a) or 1631 filed by Brad Foote Gear Works, Inc. Related document(s) #9 . (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 9 Motion to dismiss Count III of Complaint Pursuant to Fed. R. Civ. Pro. 12(B)(2), 12(B)(3), and 12(B)(6), or Alternatively Motion to Transfer pursuant to 28 U.S.C. 1404(a), 1406(a) or 1631 filed by Defendant Brad Foote Gear Works, Inc.. (Freitag, Alex). Added Motion to change/transfer venue on 1/5/2023 (H,SP). [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 8 Appendix (Unsigned) Index of Exhibits to Memorandum in Support of Motion to Dismiss filed by Brad Foote Gear Works, Inc.. (Related document(s) #9 , #10 ). (Attachments: #1 Exhibit Declaration of Wayne Hanna, #2 Exhibit Notice of Removal from the Twelfth Judicial Circuit Court of Will County, Illinois, #3 Exhibit Declaration of Richelle O'Beirne in Support of Timkens Notice of Removal) (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 7 State court documents received from Stark County Court of Common Pleas, case number 2022CV01687. (E,CK) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 6 Motion for leave for extension of time until 12/30/2022 to answer or otherwise respond to complaint, filed by Defendant Brad Foote Gear Works, Inc. Related document(s) #1 . (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
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Order [non-document]: Defendant's motion for an extension to December 30, 2022 to answer, move, or otherwise plead is unopposed and granted. #6 Judge J. Philip Calabrese on 12/8/2022.(Y,A) [Transferred from Ohio Northern on 9/5/2023.]
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| Filing 5 Corporate Disclosure Statement filed by Brad Foote Gear Works, Inc.. (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 4 Magistrate Consent Form issued. (B,DL) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 3 Attorney Appearance by Alex F. Freitag filed by on behalf of Brad Foote Gear Works, Inc.. (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 2 Civil Cover Sheet, filed by Brad Foote Gear Works, Inc. Related document(s) #1 . (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
| Staff Note re Civil Cover Sheet: Spoke with the filing attorney that a complete civil cover sheet needs to be filed as a supplement. Related document(s) #1 . (B,DL) [Transferred from Ohio Northern on 9/5/2023.] |
| Notice by Clerk that Brad Foote Gear Works, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (B,DL) [Transferred from Ohio Northern on 9/5/2023.] |
| Judge J. Philip Calabrese assigned to case. (B,DL) [Transferred from Ohio Northern on 9/5/2023.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,DL) [Transferred from Ohio Northern on 9/5/2023.] |
| Filing 1 Notice of Removal from Stark County, case number 2022 cv 1687 Filing fee paid $ 402.00. Receipt number AOHNDC-11740251. Filed by Brad Foote Gear Works, Inc. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Email correspondence, #3 Exhibit C - Notice of Filing Notice of Removal to State Court). (Freitag, Alex) [Transferred from Ohio Northern on 9/5/2023.] |
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