Yuhanick v. Hwareh.com, Inc. et al
| Scott Yuhanick |
| Joseph B. Peters, Hwareh.com, Inc. and Hwareh.com, Inc. doing business as HealthWarehouse.com |
| 2:2019cv00038 |
| March 22, 2019 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: MOTION to Withdraw #31 is set for hearing 7/17/2019 at01:00 PM in COVINGTON before Judge William O. Bertelsman. Counsel shall be present. Plaintiff Scott Yuhanick must also be present. Plaintiff's counsel shall promptly notify Plaintiff of this hearing. Clerk to send a copy of this order to Plaintiff. Signed by Magistrate Judge Candace J. Smith on 7/15/2019.(TJZ)cc: COR, Scott Yuhanick via US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #31 MOTION to Withdraw as Attorney by Scott Yuhanick (ECO) |
| Filing 31 MOTION to Withdraw as Attorney by Scott Yuhanick (Attachments: #1 Proposed Order Proposed Order)(Goldwasser, Brian) |
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Filing 30
ORDER: That the call of this matter at Docket call scheduled for June 19, 2019 at 1:00 p.m. be, and hereby is, cancelled and reset for DOCKET CALL ON WEDNESDAY, JULY 17, 2019 AT 1:00 P.M. re #29 Signed by Judge William O. Bertelsman on 6/7/2019.(ECO)cc: COR
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| Filing 29 MOTION to Continue by Scott Yuhanick (Goldwasser, Brian) |
| NOTICE OF DEFICIENCY TO Brian Goldwasser re #29 MOTION to Continue; attorney failed to submit a proposed order as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #29 MOTION to Continue by Scott Yuhanick (ECO) |
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Filing 28
ORDER: that said DOCKET CALL be, and hereby is, set for WEDNESDAY, JUNE 19, 2019 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom before Judge William O. Bertelsman. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 5/23/2019.(ECO)cc: COR
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| Filing 27 ANSWER to #24 Answer to Complaint,, Counterclaim, by Scott Yuhanick.(Goldwasser, Brian) |
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Filing 26
AGREED ORDER: By the agreement and stipulation of the Parties, it is hereby ORDERED That Defendants, Hwareh.com, Inc. d/b/a Health Warehouse ("HEWA") and Joseph Peters (Peters), shall have until April 19, 2019 to answer or otherwise plead in response to Plaintiffs Complaint. Defendants have neither sought nor received any prior extensions of time in this action, and this brief extension shall have no impact on any other date or deadline, in this action recently transferred from the Southern District of Ohio. Signed by Magistrate Judge Candace J. Smith on 4/23/2019.(ECO)cc: COR
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| Filing 25 FRCP 7.1 DISCLOSURE STATEMENT by Hwareh.com, Inc.. (Janszen, August) |
| Filing 24 ANSWER to #1 Complaint,, and, COUNTERCLAIM against Scott Yuhanick by Joseph B. Peters, Hwareh.com, Inc.. (Attachments: #1 Exhibit Non-Competition & Confidentiality Agreement 2010, #2 Exhibit Non-Competition & Confidentiality Agreement 2016)(Janszen, August) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #23 Proposed Agreed Order/Stipulation by Hwareh.com, Inc., Joseph B. Peters (ECO) |
| Filing 23 Proposed Agreed Order/Stipulation by Hwareh.com, Inc., Joseph B. Peters. (Janszen, August) |
| Clerk's Note: Attorney Jansen contacted clerk's office re ECF Mandatory Notice. Clerk verified attorney ECF Registration has been received. (ECO) |
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Filing 22
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| NOTICE OF MANDATORY ECF DIRECTED TO August Janszen: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #22 Order,,, Case Referred to Magistrate Judge,,. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, August Janszen by US Mail with ECF Registration Form (ECO) |
| Filing 20 CASE TRANSFERRED IN from District of Ohio Southern. Case number 1:18-cv-00243. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered attorney on 3/22/2019 (CBD). |
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Filing 19
ORDER denying #7 Motion to Dismiss; granting #7 Motion to Change Venue.This matter is hereby transferred to the U.S. District Court for the Eastern District of Kentucky at Covington. Signed by Judge Michael R. Barrett on 3/22/2019. (jlw) [Transferred from ohsd on 3/22/2019.]
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| ***FILE SUBMITTED TO CHAMBERS of Judge Bertelsman for review (CBD) |
| Case transferred to District of Eastern District of Covington.Case file and docket sheet sent Electronically. (jlw) [Transferred from ohsd on 3/22/2019.] |
| Conflict Check run. (CBD) |
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Filing 18
ORDER finding as moot #8 Motion to Disqualify Counsel. Signed by Judge Michael R. Barrett on 3/12/19. (ba) [Transferred from ohsd on 3/22/2019.]
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| Filing 17 REPLY to Response to Motion re #7 MOTION to Dismiss MOTION to Change Venue filed by Defendants Hwareh.com, Inc., Joseph B. Peters. (Janszen, August) [Transferred from ohsd on 3/22/2019.] |
| Filing 16 RESPONSE in Opposition re #7 MOTION to Dismiss MOTION to Change Venue filed by Plaintiff Scott Yuhanick. (Goldwasser, Brian) [Transferred from ohsd on 3/22/2019.] |
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Filing 15
ORDER granting #13 Motion for Extension of Time until 7/13/18 to respond to #7 Motion to Dismiss. Signed by Judge Michael R. Barrett on 7/11/18. (ba) [Transferred from ohsd on 3/22/2019.]
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| Filing 14 CERTIFICATE OF SERVICE by Plaintiff Scott Yuhanick re #13 MOTION for Extension of Time New date requested 7/13/2018. , #12 Notice of Substitution of Counsel (Goldwasser, Brian) [Transferred from ohsd on 3/22/2019.] |
| NOTICE re #12 Notice of Substitution of Counsel and #13 MOTION for Extension of Time: The documents were filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filings use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Notice of Substitution of Counsel and MOTION for Extension of Time when prompted. (sct) [Transferred from ohsd on 3/22/2019.] |
| Filing 13 MOTION for Extension of Time New date requested 7/13/2018. by Plaintiff Scott Yuhanick. (Goldwasser, Brian) [Transferred from ohsd on 3/22/2019.] |
| Filing 12 NOTICE of Substitution of Counsel - Brian David Goldwasser substituting for Russell S. Sayre as to Plaintiff Scott Yuhanick. (Goldwasser, Brian) [Transferred from ohsd on 3/22/2019.] |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss MOTION to Change Venue , #8 MOTION to Disqualify Counsel ; Responses due by 6/29/2018. Signed by Judge Michael R. Barrett on 6/18/18. (ba) [Transferred from ohsd on 3/22/2019.]
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| Filing 10 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss MOTION to Change Venue , #8 MOTION to Disqualify Counsel New date requested 6/29/2018. (Stipulated) by Plaintiff Scott Yuhanick. (Attachments: #1 Text of Proposed Order) (Sayre, Russell) [Transferred from ohsd on 3/22/2019.] |
| Filing 9 NOTICE of Filing Affidavit of Eric K. Combs re #8 Motion to Disqualify Counsel by Defendant Hwareh.com, Inc. (Janszen, August) Modified to clarify docket text on 5/29/2018 (jlw). [Transferred from ohsd on 3/22/2019.] |
| Filing 8 MOTION to Disqualify Counsel by Defendant Hwareh.com, Inc.. (Janszen, August) [Transferred from ohsd on 3/22/2019.] |
| Filing 7 MOTION to Dismiss ( Responses due by 6/15/2018), MOTION to Change Venue by Defendants Hwareh.com, Inc., Joseph B. Peters. (Janszen, August) [Transferred from ohsd on 3/22/2019.] |
| Filing 6 NOTICE of Appearance by August Thomas Janszen for Defendants Hwareh.com, Inc., Joseph B. Peters (Janszen, August) [Transferred from ohsd on 3/22/2019.] |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Hwareh.com, Inc. on 4/9/2018, answer due 6/8/2018. (Attachments: #1 Summons Form Notice of a Lawsuit and Request to Waive Service of a Summons) (Sayre, Russell) [Transferred from ohsd on 3/22/2019.] |
| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to Joseph B. Peters on 4/9/2018, answer due 6/8/2018. (Attachments: #1 Summons Form Request to Waive Service of Summons) (Sayre, Russell) [Transferred from ohsd on 3/22/2019.] |
| ***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct) [Transferred from ohsd on 3/22/2019.] |
| Filing 3 Summons Issued as to Hwareh.com, Inc., Joseph B. Peters. (Attachments: #1 Summons Form) (sct) [Transferred from ohsd on 3/22/2019.] |
| Filing 2 NOTICE of Appearance by Sanna-Rae Taylor for Plaintiff Scott Yuhanick (Taylor, Sanna-Rae) [Transferred from ohsd on 3/22/2019.] |
| Filing 1 COMPLAINT with JURY DEMAND against Hwareh.com, Inc. dba Healthwarehouse.com, Joseph B. Peters ( Filing fee $ 400 paid - receipt number: 0648-6392956), filed by Scott Yuhanick. (Attachments: #1 Exhibit A - Sales Commission Agreement, #2 Exhibit B - Email dated February 2, 2016, #3 Exhibit C - Email dated January 15, 2014, #4 Exhibit D - 2017 Employment Agreement, #5 Civil Cover Sheet, #6 Summons Form, #7 Summons Form) (Sayre, Russell) [Transferred from ohsd on 3/22/2019.] |
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