Merkelo v. Schlageter et al
| Jerry Merkelo |
| William J. Schlageter, Myron S. Stoll, Hatwave Hellenic American Telecommunications Wave, Communications Technologies, LTD., Communications Technologies Cyprus, LTD., Communications Technologies L'VIV Ltd., Communications Technologies Ukraine, Ltd. and John or Jane Does |
| Magistrate Judge Nancy A. Vecchiarelli |
| 1:2002cv00007 |
| January 2, 2002 |
| US District Court for the Northern District of Ohio |
| Kathleen M O'Malley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 52
Stipulation and Order, pursuant to FRCP 41(a)(1)(ii), dismissing action with prejudice; each party to bear its own costs including attorney fees. (Related document #51 ) (Judge O'Malley)(M, J A)
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| Filing 51 Notice of Dismissal Under FRCP 41(a)(1) of action with prejudice, each party to bear own costs including attorney fees filed by all parties. (C, K A) |
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Filing 50
Order. This matter was referred by the Court for mediation. This matter has now been concluded, therefore; it is ordered that the case referral order is hereby terminated and this case is returned to Judge O'Malley. Judge Vecchiarelli (M, M)
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| Filing 49 Minutes of mediation held. A binding settlement was reached on the record. The settlement is conditioned upon shareholder approval. A stipulated judgment entry signed by all parties will be submitted to Judge O'Malley no later than February 24 2003. Judge Vecchiarelli (M, M) |
| Filing 48 Exhibits A and B in support of mediation statement filed by all defendants. (Attachments: #1 Exhibit A#2 Exhibit B)(Related document(s) #47 ) (C, K A) |
| Filing 47 Notice of Defendants' Mediation Statement filed by all defendants. (Chapman, John) |
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Filing 46
Order signed on 12/30/2002 granting plaintiff's motion to excuse party attendance at mediation. However, on January 7, 2003 at 9:30 a.m., Merkelo shall call this Court at (216) 357-7130 from a land-line telephone. Merkelo shall be prepared to participate fully and completely for the duration of the mediation. Cellular telephones or other mobile telephones are not an acceptable means of conferencing with this Court. Judge Vecchiarelli (Related Doc #45 ) (M, M)
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| Filing 45 Motion to attend by telephone Mediation on January 7, 2003 filed by Jerry Merkelo. (Petitjean, David) |
| Filing 44 Ex Parte Status Report filed by Jerry Merkelo. (Petitjean, David) |
| Filing 43 Ex Parte Status Report filed by all defendants. (Chapman, John) |
| Filing 42 Notice of Hearing. Status hearing set for 11/20/2002 with Judge O'Malley is postponed until further notice by the Court. (H, C) Modified text 11/4/2002 (C, K A). |
| Filing 41 Ex Parte Status Report filed by all defendants. (Chapman, John) Modified text 10/31/2002 (C, K A). |
| Filing 40 Ex Parte Status Report filed by Jerry Merkelo. (Petitjean, David) |
| Filing 39 Ex Parte Status Report filed by Jerry Merkelo. (Petitjean, David) |
| Filing 38 Ex Parte Status Report filed by all defendants. (Chapman, John) Modified text 9/13/2002 (C, K A). |
| Filing 37 Initial Disclosures Pursuant to Fed. R. Civ. P. 26 (a)(1)(2) filed by all defendants. (Chapman, John) |
| Filing 36 Ex Parte Status Report filed by Jerry Merkelo. (Petitjean, David) Modified text 8/5/2002 (C, K A). |
| Filing 35 Ex Parte Status Report filed by all defendants. (Chapman, John) |
| Filing 34 Notice and Order. TAKE NOTICE this case is scheduled for MEDIATION on Tuesday, 1/7/03 at 9:30 a.m. before the Honorable Nancy Vecchiarelli, United States Magistrate Judge. Position papers are to be submitted to the Court ex parte and delivered to the Court's chambers (Room 10B, United States District Court, 801 W. Superior Avenue, Cleveland, OH 44113-1847) on or before 1/3/03. Parties should also submit copies of relevant pleadings and documents with the position papers. The attorney who is primarily responsible for each party's case shall personally attend the mediation. The parties shall also be present. If the party is not a natural person, individual(s) with full and complete settlement authority must personally attend the mediation conference. Magistrate Judge Vecchiarelli (M, M) Modified text on 7/26/2002 (M, J A). |
| Filing 33 Notice of Substitution of Counsel removing attorney Timothy G. Warner and Spieth, Bell, McCurdy & Newell Co., LPA and adding attorney John S. Chapman filed on behalf of William J. Schlageter, Myron S. Stoll. (Chapman, John) Modified text 6/20/2002 (C, K A). |
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Filing 32
Order referring case to Magistrate Judge Nancy A. Vecchiarelli to conduct MEDIATION to occur between December 15, 2002, and January 15, 2003. Kathleen M. O'Malley (H, C)
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| Filing 31 Case Management Plan. CMC held 6/17/2002. Case assigned to complex track. Case is suitable and ORDERED into ECF. Case is suitable for ADR and REFERRED to MEDIATION to occur between 12/15/2002 and 1/15/2003 with Magistrate Judge Vecchiarelli. Parties do not consent to jurisdiction of the Magistrate Judge. Non-expert Discovery due by 2/28/2003, Rule 26 disclosures due by 8/1/2002, plaintiff's expert report due by 1/31/2003, defendants' expert report due by 2/28/2003, expert discovery due by 4/1/2003, Parties to be Joined and Pleading Amendments due by 12/31/2002, Dispositive Motions due by 4/1/2003, with status hearing to be held on 11/20/2002 at 12:30 PM at Chambers 16A. Status reports due every 45 days. The dates in this Plan are firm dates and will not be altered absent extraordinary circumstances. Kathleen M. O'Malley(H, C) Modified on 6/17/2002 (H, C). |
| Filing 30 Position Statement re: Case Management Conference Agenda filed by Jerry Merkelo. (Petitjean, David) |
| Filing 29 Position Statement re: Case Management Conference Agenda filed by all defendants. (Chapman, John) |
| Filing 28 Answer to Amended Complaint (Related Doc #21 ) filed by Communications Technologies L'VIV Ltd., Communications Technologies Ukraine, Ltd., Communications Technologies, LTD.. (Related document(s) #21 ) (Chapman, John) |
| Filing 27 Answer to Amended Complaint (Related Doc #21 ) filed by Communications Technologies Cyprus, LTD., Hatwave Hellenic American Telecommunications Wave. (Related document(s) #21 ) (Chapman, John) |
| Filing 26 Answer to Amended Complaint (Related Doc #21 ) filed by William J. Schlageter, Myron S. Stoll. (Related document(s) #21 ) (Chapman, John) |
| Filing 25 Notice of Substitution of Counsel removing attorney Edmund W. Searby and adding attorney John S. Chapman filed on behalf of all defendants. (Chapman, John) |
| Filing 24 Brief /Reply to defendant Hatwave Hellenic American Telecommunications Wave's Brief Opposing plaintiff's Motion for Default Judgment filed by Jerry Merkelo. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Related document(s) #9 ) (M, J A) |
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Filing 23
Order signed on 5/23/2002. Motion by Schlageter and Stoll to dismiss (Related Doc #6 )is DENIED, Motion by Merkelo for default judgment against Hatwave (Related Doc #9 ) is DENIED and Court ORDERS Hatwave to file an answer by 6/7/2002, Motion by CT Defendants to dismiss (Related Doc #12 ) is DENIED, Motion by Hatwave for leave to file late answer (Related Doc #13 ) is GRANTED under the terms noted, Motion by Merkelo to strike Hatwave's motion to file late answer (Related Doc #17 )is DENIED as moot. Kathleen M. O'Malley (H, C)
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| Filing 22 Case Management Conference Notice & Order. Case management conference to be held on 6/17/2002 at 11:00 AM at Chambers 135. Parties to file position statement prior to conference (Attachments: #1 Position statement). Kathleen M. O'Malley(H, C) |
| Filing 21 First Amended complaint with jury demand against all defendants. Filed by Jerry Merkelo. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibits C, D and E)(C, K A) |
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Order (non-document) signed on 5/20/2002 Granting as unopposed plaintiff's Motion for leave to file amended complaint (Related Doc #14 ). Kathleen M. O'Malley (H, C)
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Order (non-document) signed on 5/13/2002 Granting defendant Hatwave's Motion for leave to supplement opposition to motion for default judgment (Related Doc #19 ). Kathleen M. O'Malley (H, C)
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| Filing 20 Opposition (Related Motion(s) #9 ) to Plaintiff's Motion for Default Judgment filed by Hatwave Hellenic American Telecommunications Wave. (Attachments: # 1 Affidavit William J. Schlageter# 2 Affidavit of Sandra Joseph)(Chapman, John) Additional attachments(corrected opposition and affidavits as attachments) added on 5/13/2002 (C, K A). Additional attachment (Exhibit C) added on 5/13/2002 (C, K A). |
| Filing 19 Motion for leave to Supplement its Opposition to Plaintiff's Motion for Default Judgment filed by Hatwave Hellenic American Telecommunications Wave. (Chapman, John) |
| Filing 18 Attorney Appearance by John S. Chapman filed by on behalf of Hatwave Hellenic American Telecommunications Wave. (Chapman, John) |
| Filing 17 Motion to strike defendant Hatwave Hellenic American Telecommunications Wave's alternative motion for leave to answer out of rule, memornaudm in support of plaintiff's motion for default judgment against defendant Hatwave Hellenic American Telecommunications Wave, and memorandum contra defendant Hatwave's motion for leave to answer out of rule filed by Jerry Merkelo. (Attachments: #1 Exhibit A)(Related document(s) #13 , #9 ) (M, EJ) |
| Filing 16 Reply (Related Motion(s) #12 ) brief in support of motion to dismiss filed by Communications Technologies Cyprus, LTD., Communications Technologies L'VIV Ltd., Communications Technologies Ukraine, Ltd., Communications Technologies, LTD.. (C, K A) |
| Filing 15 Opposition (Related Motion(s) #12 ) to CT Defendants' motion to dismiss filed by Jerry Merkelo. (C, K A) |
| Filing 14 Motion for leave to file an amended complaint filed by Jerry Merkelo. (Attachments: #1 amended complaint#2 exhibit A to amended complaint#3 exhibit B to amended complaint#4 exhibits C, D and E to amended complaint)(C, K A) |
| Filing 13 Motion for leave to answer out of rule filed by Myron S. Stoll. (Attachments: #1 memorandum opposing motion for default judgment and in support of motion for leave to move or plead out of rule)(Related document(s) #9 ) (C, K A) |
| Filing 12 Motion to dismiss filed by Communications Technologies Cyprus, LTD., Communications Technologies L'VIV Ltd., Communications Technologies Ukraine, Ltd., Communications Technologies, LTD.. (E, P) |
| Filing 11 Affidavit/Declaration of service on defendant Communications Technologies Ukraine, LTD filed by Jerry Merkelo. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J)(E, P) |
| Filing 10 Affidavit of service on defendant Hatwave Hellenic American Telecommunications wave filed by Jerry Merkelo. (Attachments: #1 Exhibits A thru F)(E, P) Modified text on 4/3/2002 (E, P). |
| Filing 9 Motion for default judgment against defendant Hatwave Hellenic American Telecommunications wave filed by Jerry Merkelo. (Attachments: #1 Affidavit of counsel David L. Petitjean#2 Exhibit A1 thru A-6)(E, P) |
| Filing 8 Reply (Related Motion(s) #6 ) brief in support of their motion to dismiss filed by William J. Schlageter, Myron S. Stoll. (C, K A) |
| Filing 7 Opposition (Related Motion(s) #6 ) to Schlageter and Stoll's motion to dismiss filed by all plaintiffs. (C, K A) |
| Filing 6 Motion to dismiss party (action against them for failure to state a claim) filed by William J. Schlageter, Myron S. Stoll. (Attachments: #1 memorandum in support)(C, K A) |
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Order (non-document) entered 1/30/2002 granting stipulation for defendants Schlageter and Stoll for extension to time until 2/14/2002 to respond to complaint (Related document(s) #5 ). Kathleen M. O'Malley(H, C)
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| Filing 5 Proposed Stipulation for Leave to Plead until 2/14/02 filed by William J. Schlageter, Myron S. Stoll. (Related document(s) #1 ) (Warner, Timothy) Modified text 1/22/2002 (C, K A). |
| Filing 4 Notice of Placement of case in the CM/ECF Docketing System (B, R) |
| Filing 3 Case Information Statement (Standard Track) filed by Jerry Merkelo. (B, R) |
| Filing 2 Random Assignment of Magistrate Judge Vecchiarelli. (B, R) |
| Filing 1 Complaint With Jury Demand against Communications Technologies Cyprus, LTD., Communications Technologies L'VIV Ltd., Communications Technologies Ukraine, Ltd., Communications Technologies, LTD., John or Jane Does, Hatwave Hellenic American Telecommunications Wave, William J. Schlageter, Myron S. Stoll. Filed by Jerry Merkelo. Filing fee paid; receipt number 630728. (Attachments: #1 Attachments#2 Civil Cover Sheet)(B, R) |
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