Ostoyic v. Buchanan et al
| Gary Ostoyic |
| Gregory C. Wilson and Howard Andrew Buchanan |
| 1:2020cv00162 |
| June 25, 2020 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| W Carleton Metcalf |
| Martin Reidinger |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 20
ORDER granting #18 Motion for Extension of Time to Answer re #1 Complaint. Howard Andrew Buchanan answer due 8/28/2020; Gregory C. Wilson answer due 8/28/2020. Signed by Magistrate Judge David S. Cayer on 8/17/2020. (khm)
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| Filing 19 RESPONSE to Motion re #18 MOTION for Extension of Time to Answer re: #1 Complaint, by Gary Ostoyic. Replies due by 8/21/2020 (Listati, Ezio) |
| Filing 18 MOTION for Extension of Time to Answer re: #1 Complaint, by Howard Andrew Buchanan, Gregory C. Wilson. (Attachments: #1 Memorandum Supporting Extension of Time) (Bryan, Patrick). Motions referred to David S. Cayer. Modified attachment description on 8/14/2020 (ni). |
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Filing 17
ORDER that within 14 days of entry of this Order, Plaintiff shall file an appropriate motion or otherwise take further action with respect to Defendants. Failure to take further action against Defendants will result in dismissal of this case. Responses due by 8/24/2020. Signed by Chief Judge Martin Reidinger on 8/10/2020. (ni)
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| Filing 16 NOTICE of Appearance by Patrick K. Bryan on behalf of All Defendants (Bryan, Patrick) |
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Filing 15
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice added Ezio A. Listati for Gary Ostoyic. Signed by Magistrate Judge David S. Cayer on 7/6/2020. (khm)
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| Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge W. Carleton Metcalf no longer assigned to the case due to conflict. Motions referred to David S. Cayer: #14 MOTION for Leave to Appear Pro Hac Vice as to Ezio A. Listati Filing fee $ 281, receipt number 0419-4558478. This is your only notice - you will not receive a separate document.(thh) |
| Notice to Ezio A. Listati: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Use one of these links to retrieve Case Assignment Packet - Electronic: #www.ncwd.uscourts.gov/ecfdocs/ECF.caseassignmentnotice.pdf or Conventional: #www.ncwd.uscourts.gov/ecfdocs/case_assignment_package.pdf. Deadline by 7/13/2020. (khm) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice as to Ezio A. Listati Filing fee $ 281, receipt number 0419-4558478. by Gary Ostoyic. (Attachments: #1 Proposed Order Proposed Order)(Williamson, Stephen). Motions referred to W. Carleton Metcalf. |
| Filing 13 NOTICE of Appearance by Stephen B. Williamson on behalf of Gary Ostoyic (Williamson, Stephen) |
| Filing 12 Case transferred in from District of Ohio Northern; Case Number 1:19-cv-02355. Original electronic file and docket sheet received. |
| Case assigned to Chief Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Case Referral to Magistrate Judge W. Carleton Metcalf. (rth) |
| Notice to Leo M. Spellacy Jr., Ezio A. Listati, Brodie M. Butland, Jason T. Gerken, Matthew J. Ambrose: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 7/2/2020. (rth) |
| Notice of Compliance Deadline reset for 7/9/2020. (rth) |
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Filing 11
Order to Transfer Case (District). The court denies Defendants' Motion. (ECF No. 8.) Although the court lacks personal jurisdiction over Defendants, the court finds that it serves the interest of justice to transfer the case pursuant to 28 U.S.C. 1631 rather than dismiss it. Accordingly, the court hereby transfers this case to the Western District of North Carolina for further proceedings. Related document #8 . Signed by Judge Solomon Oliver, Jr on 6/22/2020. (R,Sh) [Transferred from Ohio Northern on 6/25/2020.]
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 10 Reply in support of #8 Motion to dismiss Fraud and RICO Claims for Failure to State a Claim, for Lack of Personal Jurisdiction, and for Improper Venue filed by All Defendants. (Ambrose, Matthew) [Transferred from Ohio Northern on 6/25/2020.] |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 9 Opposition to #8 Motion to dismiss Fraud and RICO Claims for Failure to State a Claim, for Lack of Personal Jurisdiction, and for Improper Venue filed by Gary Ostoyic. (Attachments: #1 Exhibit A - Declaration of Gary Ostoyic, plus exhibits to Declaration) (Listati, Ezio) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 8 Motion to dismiss Fraud and RICO Claims for Failure to State a Claim, for Lack of Personal Jurisdiction, and for Improper Venue filed by Howard Andrew Buchanan, Gregory C. Wilson. Related document(s) #1 . (Attachments: #1 Exhibit Declaration of Howard Buchanan, #2 Exhibit Declaration of Gregory Wilson)(Butland, Brodie) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 7 Attorney Appearance by Leo M. Spellacy, Jr filed by on behalf of Gary Ostoyic. (Spellacy, Leo) [Transferred from Ohio Northern on 6/25/2020.] |
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Order [non-document] granting Defendants' #6 Unopposed Motion for extension of time until 12/05/19 to answer the Complaint. Howard Andrew Buchanan answer due 12/5/2019; Gregory C. Wilson answer due 12/5/2019. Approved by Judge Solomon Oliver, Jr. on 10/31/2019.(R,Sh) [Transferred from Ohio Northern on 6/25/2020.]
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| Filing 6 Unopposed Motion for extension of time until 12/05/19 to answer the Complaint filed by Howard Andrew Buchanan, Gregory C. Wilson. Related document(s) #1 . (Butland, Brodie) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 5 Return of Service by Clerk by certified mail executed upon Gregory C. Wilson on 10/14/2019, filed on behalf of Gary Ostoyic Related document(s) #3 . (W,CM) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 4 Return of Service by Clerk by certified mail executed upon Howard Andrew Buchanan on 10/15/2019, filed on behalf of Gary Ostoyic (Related document(s) #3 ) (W,CM) [Transferred from Ohio Northern on 6/25/2020.] |
| Service by Clerk. Summons and Complaint addressed to Howard Andrew Buchanan Receipt # 70181830000097870409, Gregory C. Wilson Receipt # 70181830000097870416, placed in U.S. Mail. Type of service: certified mail. (B,R) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Howard Andrew Buchanan, Gregory C. Wilson. (Attachments: #1 Summons, #2 Magistrate Consent Form) (Y,A) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 2 Supplement to Complaint, - Civil Cover Sheet, filed by Gary Ostoyic. Related document(s) #1 . (Attachments: #1 Summons to Defendant Buchanan, #2 Summons to Defendant Wilson)(Listati, Ezio) [Transferred from Ohio Northern on 6/25/2020.] |
| Filing 1 Complaint with jury demand against Howard Andrew Buchanan, Gregory C. Wilson. Filing fee paid $400, receipt number 0647-9567025. Filed by Gary Ostoyic. (Attachments: #1 Exhibit Operating Agreement, #2 Exhibit August 16 letter to Defendants, #3 Exhibit August 26 letter to Thrasher, Dinsmore & Dolan) (Listati, Ezio) [Transferred from Ohio Northern on 6/25/2020.] |
| 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. (Y,A) [Transferred from Ohio Northern on 6/25/2020.] |
| Judge Solomon Oliver, Jr assigned to case, (Y,A) [Transferred from Ohio Northern on 6/25/2020.] |
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