SpyGlass Group, LLC v. Genesis Health Clubs Management, Inc. et al
| SpyGlass Group, LLC |
| Genesis Health Clubs Management, Inc. and Genesis Health Clubs Management, LLC |
| 6:2022cv01269 |
| November 30, 2022 |
| US District Court for the District of Kansas |
| Wichita Office |
| John W Broomes |
| Angel D Mitchell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Defendant |
Docket Report
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Civil Case termed. (per chambers)(msb)
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Filing 31
Joint NOTICE of Dismissal by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC (Stipulated) (McPherson, Brendan)
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Filing 30
Letter from the clerk to counsel regarding case transfer. (kas)
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Filing 29
CASE TRANSFERRED IN from District of Ohio Northern; Case Number 1:22-cv-00131. Electronic case file and docket sheet received. (kas)
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Filing 28
Opinion and Order: In response to Defendants' motion to dismiss (ECF No. #24 ), the Court determines that it may not exercise specific jurisdiction over Defendants; therefore, the Court TRANSFERS this action to the District of Kansas pursuant to 28 U.S.C. 1631 for further proceedings. Judge J. Philip Calabrese on 11/28/2022. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 27
Reply in support of #24 Motion to dismiss for lack of jurisdiction filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 26
Opposition to #24 Motion to dismiss for lack of jurisdiction filed by The SpyGlass Group, LLC. (Attachments: #1 Exhibit 1 - Declaration of Mike Farrell with Exhibits) (Lavin, Angela) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 25
Answer to #15 First Amended complaint, filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 24
Motion to dismiss for lack of jurisdiction with brief in support filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on September 16, 2022. Angela M. Lavin appeared for Plaintiff. William A. Doyle appeared for Defendants. The parties discussed how they intend to move forward with the case following mediation. Defense counsel represented that he intends to file a motion to dismiss Plaintiff's first amended complaint by September 23, 2022. Pending a ruling on the forthcoming motion, the Court directed the parties to serve written discovery requests no later than September 30, 2022. Time: 10 minutes. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Final Mediation Report filed manually with Alternative Dispute Resolution (ADR) Department. Michael Borden, 24400 Chagrin Blvd., Suite 300, Beachwood, Ohio 44122, served as Mediator in the within case. Mediation Conference was held on August 24, 2022, and as a result, the Mediation process is complete. The case did not settled. The case is returned to the court for further settlement discussions and case processing. ADR Disposition Code: 8. Future ADR:. Related document(s) #22 . (W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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IMPORTANT: Notice [non-document]: The Court sets a Telephone Status Conference for September 16, 2022 at 4:00 p.m. before Judge J. Philip Calabrese. The Courtroom Deputy will provide dial-in information beforehand. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Order [non-document]: The mediator reported to the Court that the parties continue to negotiate a resolution to this dispute. Based on this report, the Court extends the date for a report from the mediator to August 31, 2022. Judge J. Philip Calabrese on 8/16/2022. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 23
Joint Motion for extension of time until June 30, 2022 to conduct the initial mediation conference filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Order [non-document]: For good cause shown, the parties' joint motion for an extension to June 30, 2022 to conduct the initial mediation conference is granted. Judge J. Philip Calabrese on 5/6/2022.(Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 22
Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Mediator: Michael Borden. ADR Hearing to be scheduled on or before 5/20/2022. Report of Mediator Form to be manually filed with the ADR Department no later than 6/3/2022. Report of Mediator Form is attached to the Notice of Designation. (Attachments: #1 Report of Mediator Form)(W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 21
Notice received from First potential neutral regarding conflict. Neutral available: Yes. Related document(s) #18 . (W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 20
Notice received from Second potential neutral regarding conflict. Neutral available: Yes. Related document(s) #18 . (W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 19
Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 4/22/2022. (Attachments: #1 Neutral Response Form)(W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 18
Agreed Mediation Ranking Information Sheet Filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 17
Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 4/15/2022. (Attachments: #1 Agreed Mediation Ranking Sheet, #2 List of Neutrals)(W,CM) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 16
Joint Notice of Consent to Early Mediation filed by The SpyGlass Group, LLC. Related document(s) #3 .(Lavin, Angela) [Transferred from Ohio Northern on 11/30/2022.]
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Order of Referral (non-document): Pursuant to the parties' request and Local Rule 16.6, this matter is hereby REFERRED to the ADR Administrator for Mediation. This case is to be mediated at the earliest, mutually agreeable date. Signed by Judge J. Philip Calabrese. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Rule 502 Order [non-document]: Pursuant to Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. Judge J. Philip Calabrese on 4/4/2022. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a Case Management Conference in person on 4/4/2022. Angela M. Lavin appeared for Plaintiff. William A. Doyle appeared for Defendants. The parties discussed the factual and procedural background of the case. The parties represented that resolution through mediation might be appropriate. The Court directs counsel to confer with their respective clients and determine whether mediation is appropriate before a ruling on Defendants' motion to dismiss and, if so, to advise the Court no later than April 8, 2022. Otherwise, the Court will promptly rule on motions directed to the pleadings. Pending any such ruling, the Court defers issuing a case management plan and scheduling order. Time: 40 minutes. (Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 15
First Amended complaint against Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. Filed by The SpyGlass Group, LLC. (Attachments: #1 Exhibit 1- Agreement, #2 Exhibit 2 - May 12, 2021 Email, #3 Exhibit 3 - May 20, 2021 Email, #4 Exhibit 4-Detailed Invoice, #5 Exhibit 5 - September 16, 2021 Email) (Lavin, Angela) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 13
Answer to #1 Complaint, with Jury Demand filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 12
Motion to dismiss for lack of jurisdiction, with brief in support, filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 11
Declaration of Richard Thompson, filed by All Defendants. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 10
Declaration of Rodney L. Steven, II, filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 9
Corporate Disclosure Statement filed by All Defendants. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Order [non-document]: Defendants' motion for an extension to March 8, 2022 to answer, move, or otherwise plead in response to Plaintiffs complaint is unopposed and granted (ECF No. #8 ). Judge J. Philip Calabrese on 2/22/2022.(Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 8
Unopposed Motion for extension of time until March 8, 2022 to answer Plaintiff's Complaint filed by Genesis Health Clubs Management, Inc., Genesis Health Clubs Management, LLC. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 7
Attorney Appearance by William A. Doyle and Philip R. Bautista filed by on behalf of All Defendants. (Doyle, William) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 6
Case Management Conference Scheduling Order with case management conference to be held on 4/4/2022 at 1:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 2/8/2022. (Attachments: #1 Rule 26 Report of Parties)(Y,A) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 5
Return of Service by Clerk by certified mail executed upon Genesis Health Clubs Management, Inc. on 1/31/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of The SpyGlass Group, LLC. Related document(s) #3 . (M,KS) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 4
Return of Service by Clerk by certified mail executed upon Genesis Health Clubs Management, LLC on 1/31/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of The SpyGlass Group, LLC. Related document(s) #3 . (M,KS) [Transferred from Ohio Northern on 11/30/2022.]
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Service by Clerk. Summons and Complaint addressed to Genesis Health Clubs Management, LLC placed in U.S. Mail. Type of service: certified mail. Receipt #9314 7699 0430 0091 1306 14. (R,AP) [Transferred from Ohio Northern on 11/30/2022.]
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Service by Clerk. Summons and Complaint addressed to Genesis Health Clubs Management, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt #9314 7699 0430 0091 1303 62. (R,AP) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 3
Original Summons and Magistrate Consent Form issued to Counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (L,Ja) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 2
Corporate Disclosure Statement filed by The SpyGlass Group, LLC. (Lavin, Angela) [Transferred from Ohio Northern on 11/30/2022.]
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Filing 1
Complaint against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11237448.. Filed by The SpyGlass Group, LLC. (Attachments: #1 Exhibit 1 - Snapshot Agreement, #2 Exhibit 2 - May 12 Email Recap, #3 Exhibit Exhibit 3 - May 20 Email Recap, #4 Exhibit 4 - Invoice Detail, #5 Civil Cover Sheet, #6 Summons to Genesis Health Clubs Management, Inc., #7 Summons to Genesis Health Clubs Management, LLC) (Lavin, Angela) [Transferred from Ohio Northern on 11/30/2022.]
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,Ja) [Transferred from Ohio Northern on 11/30/2022.]
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Judge J. Philip Calabrese assigned to case. (L,Ja) [Transferred from Ohio Northern on 11/30/2022.]
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