First Realty Property Management et al v. McDonald & Company Securities, Inc. et al
First Realty Property Management, James A. Grasso and Mary Abazio |
Rhonda S. Irvin-Cox, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin, Daniel R. Cox and Irvin Administrative Solutions, LLC doing business as Administrative Solutions, LLC |
Irvin Administrative Solutions, LLC |
1:2007cv02226 |
July 24, 2007 |
US District Court for the Northern District of Ohio |
Cleveland Office |
Cuyahoga |
Patricia A Gaughan |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
Plaintiff |
Docket Report
This docket was last retrieved on May 19, 2009. A more recent docket listing may be available from PACER.
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Filing 72 Marginal Entry Order: Plaintiffs' Motion to Dismiss Complaint against Defendant Daniel Cox Without Prejudice is Granted. Judge Patricia A. Gaughan on 5/18/09. re #70 (LC,S) Modified on 5/19/2009 (LC,S). |
Filing 71 Marginal Entry Order : KeyBank Defendants' Motion to Dismiss Cross-Claims against Defendant Daniel Cox is Granted. Judge Patricia A. Gaughan on 5/18/09. (LC,S) (Related Doc #69 ) |
Filing 70 Motion to dismiss party Daniel Cox Without Prejudice filed by Mary Abazio, James A. Grasso, First Realty Property Management, James A. Grasso, Mary Abazio. (Rooney, Dean) |
Filing 69 Motion to dismiss Cross-Claims Against Defendant Daniel Cox filed by McDonald & Company Securities, Inc., KeyBank, NA. (Tyminski, Marie) |
Filing 68 DUPLICATE FILING:DISREGARD:Civil Minutes/Order. (E,P) Modified text, see document number 67 on 4/23/2009 (E,P). |
Filing 67 Minutes of proceedings of Settlement Conference held on 4/21/2009 before Judge Patricia A. Gaughan. Case is settled and dismissed with prejudice as to all claims and cross-claims as to all Defendants except Daniel Cox. Plaintiffs and Defendants McDonald and Company Securities and Key Bank will file a Motion to Dismiss without prejudice as to Daniel Cox by 4/27/2009. Time: 4. (B,B) |
Filing 66 Notice of Change of Address filed by KeyBank, NA. (Tyminski, Marie) |
Minute Order (non-document): Status Conference was held. Non-expert discovery deadline is extended to 6/30/09. Expert report for the party with the burden of proof is now due 7/30/09. Rebuttal expert report is now due 9/15/09. Expert discovery deadline is 11/01/09. Dispositive motion deadline is 11/15/09. Settlement Conference is set 4/21/09 at 2:00 p.m. in Chambers 19B before Judge Patricia A. Gaughan.Time: 20 mins Judge Patricia A. Gaughan on 4/07/09. (D,MB) |
Order [non-document]: Per Joint Status Report filed 3/6/09, Status Conference by telephone is set 4/7/09 at 10:30 AM with the Court initiating the call. Judge Patricia A. Gaughan on 3/19/09. (LC,S) re #65 |
Filing 65 Joint Status Report filed by Mary Abazio, Irvin Administrative Solutions, LLC, First Realty Property Management, James A. Grasso, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox. (Rooney, Dean) |
Filing 64 Subpoena returned & executed upon Jeff Thompson on 11/25/08 by process server filed by KeyBank, NA. (Giffen, Karen) Modified text incorrect event used on 12/16/2008 (E,P). |
Order [non-document]: Joint Motion to Amend Scheduling Order to Permit a Private Mediation is Granted. The Mediation must be concluded by 2/28/09. Settlemlent Conference of 12/16/08 is cancelled. The parties are to report to this Court in writing no later than 3/6/09 as to the status of this case. Judge Patricia A. Gaughan on 12/8/08. (Related Doc #63 ) (LC,S) |
Filing 63 Motion for to Amend Scheduling Order to Permit a Private Mediation filed by Mary Abazio, James A. Grasso, Irvin Administrative Solutions, LLC, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox, First Realty Property Management, James A. Grasso, Mary Abazio, McDonald & Company Securities, Inc., KeyBank, NA, Irvin Administrative Solutions, LLC, Fifth Third Bank, Rhonda S. Irvin-Cox, McDonald & Company Securities, Inc., KeyBank, NA. (Rooney, Dean) |
Filing 62 Notice to take Deposition of Patrick Oberlander on December 11, 2008 filed by Mary Abazio, First Realty Property Management, James A. Grasso. (Rooney, Dean) |
Filing 61 Notice to take Deposition of John Mooney on October 29, 2008, commencing at 10:00 a.m. filed by Mary Abazio, First Realty Property Management, James A. Grasso. (Rooney, Dean) |
Minutes/Order [non-document]: Status Conference was held. Non-expert discovery deadline is extended to 12/15/08. Expert report for the party with the burden of proof is now due 1/15/09. Rebuttal expert report is now due 3/01/09. Expert discovery deadline is 5/01/09. Dispositive motion deadline is 5/15/09. Settlement Conference is set 12/16/08 at 9:00 a.m. In the event the Court is in trial, the Settlement Conference will be conducted by Magistrate Judge Vecchiarelli. Because of that possibility, the Court must require position papers to be filed electronically five days before the Settlement Conference. They are to be filed ex parte in the absence of an agreement otherwise. Judge Patricia A. Gaughan on 8/27/08. (LC,S) |
Filing 60 Notice of Substitution filed by KeyBank, NA. (Giffen, Karen) |
Filing 59 Joint Status Report filed by Fifth Third Bank. (Osterlund, Anthony) |
Filing 58 Notice to take Deposition of Mary Abazio on August 20, 2008 at 10:00 a.m. filed by KeyBank, NA. (Tyminski, Marie) |
Filing 57 Notice to take Deposition of James Grasso on August 22, 2008 at 10:00 a.m. filed by KeyBank, NA. (Tyminski, Marie) |
Order[non-document] : Keybank National Association and Keybanc Capital Markets' unopposed motion for extension of time to respond to Fifth Third Bank's request for admissions, interrogatories, and request for production of documents is granted to 9/15/08. #55 Approved by Judge Patricia A. Gaughan on 8/05/08.(D,MB) |
Filing 56 Attorney Appearance by Anthony L. Osterlund filed by on behalf of Fifth Third Bank. (Osterlund, Anthony) |
Filing 55 Unopposed Motion for extension of time until September 15, 2008 to Respond to Discovery filed by Defendant KeyBank, NA. (Tyminski, Marie) |
Filing 54 Subpoena Returned Executed; served upon Deb Davidson, c/o Giffen & Kaminski by Personal Delivery on July 25, 2008 filed on behalf of Mary Abazio, First Realty Property Management, James A. Grasso (Cappara, Janeane) |
Filing 53 Subpoena Returned Executed; served upon Mary Gibson c/o Giffen & Kaminski by Personal Delivery on July 25, 2008 filed on behalf of Mary Abazio, First Realty Property Management, James A. Grasso (Cappara, Janeane) |
Filing 52 Minutes/Order: Status Conference was held. Status Conference is set 8/27/2008 at 09:00 AM and will be conducted by telephone with the Court initiating the call. Signed by Judge Patricia A. Gaughan on 4/1/08. (LC,S) |
Filing 51 Status Report filed by Irvin Administrative Solutions, LLC, First Realty Property Management, James A. Grasso, Mary Abazio, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox, Daniel R. Cox. (Walton, Victor) |
Filing 50 Memorandum of Opinion and Order: Fifth Third's motion to dismiss is GRANTED. Plantiffs' motion for leave to file surreply is DENIED. Signed by Judge Patricia A. Gaughan on 1/4/08. (Related Doc #40 ); (Related Doc #48 ). (LC,S) |
Filing 49 Opposition to #48 Motion for leave To File Instanter Plaintiffs' Sur-Reply Brief in Opposition to Fifth Third Bank's Motion to Dismiss First Amended Complaint filed by Fifth Third Bank. (Walton, Victor) |
Filing 48 Motion for leave To File Instanter Plaintiffs' Sur-Reply Brief in Opposition to Fifth Third Bank's Motion to Dismiss First Amended Complaint filed by Mary Abazio, James A. Grasso, First Realty Property Management, James A. Grasso, Mary Abazio. Related document(s) #45 , #40 , #46 . (Attachments: #1 Pleading Sur-Reply Brief in Opposition to Fifth Third Bank's Motion to Dismiss First Amended Complaint)(Rooney, Dean) |
Filing 47 Case Management Order: Case Management Conference held on 11/6/07. Case assigned to the Complex Track. Case is suitable for ECF. Non-expert discovery due by 9/30/08. Expert Reports exchanged by 10/30/08 for plaintiff and 12/15/08 for defendant and Expert discovery due by 2/15/09. Parties to be Joined and Pleading Amendments due by 11/1/07. Dispositive Motions due by 2/28/09. Status Conference set for 4/1/08 at 09:00 AM and will held by telephone. Signed by Judge Patricia A. Gaughan on 11/6/07. (LC,S) Modified on 11/7/2007 (Leno-Clifford, Stella). |
Filing 46 Reply in support of #40 Motion to dismiss First Amended Complaint filed by Fifth Third Bank. (Walton, Victor) |
Filing 45 Opposition to #40 Motion to dismiss First Amended Complaint filed by all plaintiffs. (Attachments: #1 Exhibit A)(Rooney, Dean) |
Filing 44 Agreed Protective Order. Signed by Judge Patricia A. Gaughan on 10/16/07. (Related Doc. #43 ) (LC,S) |
Filing 43 Proposed Agreed Protective Order filed by Irvin Administrative Solutions, LLC, First Realty Property Management, James A. Grasso, Mary Abazio, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox, Daniel R. Cox. (Walton, Victor) Modified text on 10/16/2007 (E, P). |
Filing 42 Reply of Plaintiffs James A. Grasso, Trustee, and Mary E. Abazio, Trustee, to Counterclaim to First Amended Complaint of Defendants McDonald & Company Securities, Inc. and KeyBank National Association filed by Mary Abazio, James A. Grasso. Related document(s) #41 . (Rooney, Dean) |
Filing 41 Answer to Amended Complaint (Related Doc #25 ) filed by McDonald & Company Securities, Inc., KeyBank, NA. (Attachments: #1 Exhibit Account statement)(Rendon, Carole) |
Filing 40 Motion to dismiss First Amended Complaint filed by Fifth Third Bank. Related document(s) #25 . (Walton, Victor) |
Order [non-document]: Defendants' McDonald & Company Securities, Inc. and KeyBank, NA Stipulated Motion Extending time to respond to first amended complaint is granted to 10/19/07. Approved by Judge Patricia A. Gaughan on 10/5/07. #38 (LC,S) |
Filing 39 Answer to Cross-claim of McDonald & Co. Securites, Inc. and Keybank filed by Fifth Third Bank. Related document(s) #20 . (Walton, Victor) |
Order [non-document]: Fifth Third Bank's Stipulated Motion for extension of time to answer, move or otherwise plead to First Realty's First Amended Complaint is granted. #37 Approved by Judge Patricia A. Gaughan on 10/3/07.(LC,S) |
Filing 38 Stipulated Motion for extension of time until October 9, 2007 to answer First Amended Complaint filed by McDonald & Company Securities, Inc., KeyBank, NA. (Rendon, Carole) |
Filing 37 Motion for extension of time until October 9, 2007 to answer , move or otherwise plead to First Realty's First Amended Complaint filed by Fifth Third Bank. Related document(s) #25 . (Walton, Victor) |
Filing 36 Initial Disclosures filed by McDonald & Company Securities, Inc., KeyBank, NA. (Rendon, Carole) |
Filing 35 Initial Disclosures filed by Mary Abazio, First Realty Property Management, James A. Grasso. (Rooney, Dean) |
Filing 34 Answer to Crossclaim of McDonald & Company Securities, Inc. and Keybank National Association filed by Daniel R. Cox.(Related doc #20 ) (B,B) |
Filing 33 Marginal Entry Order: Fifth Third Bank Stipulated Motion for extension of time until 10/05/2007 to Move, Answer, or Otherwise Respond to the Keybank Defendants' Cross-claim is granted. #30 Signed by Judge Patricia A. Gaughan on 9/20/07.(LC,S) Modified on 9/24/2007 (Leno-Clifford, Stella). |
Order [non-document]: Fifth Third Bank's Motion to Dismiss is Withdrawn. Approved by Judge Patricia A. Gaughan on 9/20/07. (Related Doc #11 )(LC,S) |
Filing 32 Reply of Irvin Administrative Solutions and Rhonda Irvin-Cox to Cross Claim of Key Bank National Association and McDonald Company Securities, Inc. filed by Irvin Administrative Solutions, LLC, Rhonda S. Irvin-Cox. (McTigue, Edward) |
Filing 31 Minutes/Order: Case management conference set 9/21/07 has been continued to 11/6/2007 at 08:45 AM due to pro se defendant Daniel Cox's medical emergency. Case management conference will be conducted by telephone with the Court initiating the call. Signed by Judge Patricia A. Gaughan on 9/18/07.(LC,S) |
Filing 30 Stipulated Motion for extension of time until 10/05/2007 to Move, Answer, or Otherwise Respond to the Keybank Defendants' Cross-claim filed by Fifth Third Bank. (Walton, Victor) |
Filing 29 Notice of Withdrawal of Motion to Dismiss filed by Fifth Third Bank. Related document(s) #11 .(Walton, Victor) |
Filing 28 Reply of Plaintiffs James A. Grasso, Trustee, and Mary E. Abazio, Trustee, to Counterclaim of Defendants KeyBanc Capital Markets, f/k/a McDonald & Company Securities, Inc. and KeyBank National Association filed by Mary Abazio, James A. Grasso. Related document(s) #20 . (Rooney, Dean) |
Filing 27 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by Mary Abazio, Irvin Administrative Solutions, LLC, First Realty Property Management, James A. Grasso, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox. (Rooney, Dean) |
Filing 26 Opposition to #11 Motion to dismiss Complaint filed by First Realty Property Management, James A. Grasso, Mary Abazio. (Attachments: #1 Exhibit A, Checks)(Rooney, Dean) |
Filing 25 Amended complaint against Irvin Administrative Solutions, LLC, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox, Daniel R. Cox. Filed by First Realty Property Management, James A. Grasso, Mary Abazio. (Attachments: #1 Exhibit A, Service Agreement#2 Exhibit B, Retirement Plan Client Service Agreement#3 Exhibit C, Amendment#4 Exhibit D, Disbursements)(Rooney, Dean) |
Filing 24 Attorney Appearance by Aaron H. Bulloff filed by on behalf of Mary Abazio, First Realty Property Management, James A. Grasso. (Bulloff, Aaron) |
Filing 23 Order: The parties stipulation that Plaintiffs may have leave to Respond to Defendant Fifth Third Bank's Motion to Dismiss and/or to Amend the Complaint is granted through and including September 17, 2007. (Related Doc #19 )Signed by Judge Patricia A. Gaughan on 8/31/07.(LC,S) |
Filing 22 Exhibit(s) to Answer to Complaint, Counter-Claim and Cross-Claims filed by McDonald & Company Securities, Inc., KeyBank, NA. Related document(s) #20 . (Rendon, Carole) |
Filing 21 Corporate Disclosure Statement filed by McDonald & Company Securities, Inc., KeyBank, NA. (Rendon, Carole) |
Filing 20 Answer to Complaint (Related Doc #1 ), Crossclaim against Irvin Administrative Solutions, LLC, Fifth Third Bank, Rhonda S. Irvin-Cox, Daniel R. Cox, Counterclaim against James A. Grasso, Mary Abazio filed by McDonald & Company Securities, Inc., KeyBank, NA. (Rendon, Carole) |
Filing 19 Stipulated Motionfor leave to Respond to Defendant Fifth Third Bank's Motion to Dismiss and/or to Amend the Complaint filed by First Realty Property Management, James A. Grasso, Mary Abazio, Fifth Third Bank. Related document(s) #11 . (Cappara, Janeane) |
Order [non-document]: Defendants Irvin Administrative Solutions, LLC and Rhonda S. Irvin-Cox's Motion for attorney Edward J. McTigue to Appear Pro Hac Vice is Granted. Approved by Judge Patricia A. Gaughan on 8/27/07. (Related Doc #13 )(LC,S) |
Order [non-document]: Plaintiff's Motion for Leave to Respond to Defendant Fifth Third Bank's Motion to Dismiss is granted 9/3/07. Approved by Judge Patricia A. Gaughan on 8/27/07. (Related Doc #18 )(LC,S) |
Filing 18 Motionfor leave to Respond to Defendant Fifth Third Bank's Motion to Dismiss filed by First Realty Property Management, James A. Grasso, Mary Abazio. Related document(s) #11 . (Cappara, Janeane) |
Order [non-document]: KeyBanc Capital Markets Inc., formerly known as McDonald & Company Securities, Inc., and KeyBank National Association's Motion for Extension of Time to File Answer is Granted to 9/5/07. #17 Approved by Judge Patricia A. Gaughan on 8/24/07.(LC,S) |
Filing 17 Motion for extension of time until 09/05/2007 to Respond to plaintiff's complaint filed by KeyBank. (Rendon, Carole) Modified text/filers 8/22/2007 (C, K). |
Filing 16 Attorney Appearance of Carole Rendon and Karen Giffen filed by KeyBank. (Rendon, Carole) Modified text/filers 8/22/2007 (C, K). |
Filing 15 Case Management Conference Scheduling Order: Case management conference is set on 9/21/2007 at 08:45 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 9/21/07.(D,MB) |
Filing 14 Answer to Complaint (Related Doc #1 ) filed by Irvin Administrative Solutions, LLC, Rhonda S. Irvin-Cox. (E,P) |
Filing 13 Motion for attorney Edward J. McTigue to Appear Pro Hac Vice Filing fee $100, receipt number 14660001177 filed by Irvin Administrative Solutions, LLC, Rhonda S. Irvin-Cox. (Attachments: #1 Affidavit of Edward J. McTigue)(E,P) |
Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Edward J. McTigue, Receipt # 14660011177 (M,P) |
Filing 12 Corporate Disclosure Statement filed by Fifth Third Bank. (Walton, Victor) |
Filing 11 DOCUMENT WITHDRAWN PER COURT ORDER ON 9/24/07 Motion to dismiss Complaint filed by Fifth Third Bank. Related document(s) #1 . (Walton, Victor) Modified docket text on 9/27/2007 (R, N). |
Filing 10 Answer to Complaint (Related Doc #1 ) filed by Daniel R. Cox. (B,B) |
Filing 9 Return of Service Executed upon Rhonda S. Irvin-Cox by Certified Mail on 8/1/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 8 Return of Service Executed upon McDonald & Company Securities, Inc. by Certified Mail on 7/27/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 7 Return of Service Executed upon KeyBank, N.A. by Certified Mail on 7/25/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 6 Return of Service Executed upon Irvin Administrative Solutions, LLC dba Administrative Solutions, LLC by Certified Mail on 7/26/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 5 Return of Service Executed upon Fifth Third Bank by Certified Mail on 7/26/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 4 Return of Service Executed upon Daniel R. Cox by Certified Mail on 8/1/07 filed by First Realty Property Management, James A. Grasso, Mary Abazio (Rooney, Dean) |
Filing 3 Summons and Magistrate Consent Form issued for service upon Irvin Administrative Solutions, LLC, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox & Daniel R. Cox. (Attachments: #1 Magistrate Consent Form) (C,BA) |
Filing 2 Corporate Disclosure Statement filed by First Realty Property Management. (Originally attached to complaint)(C,BA) |
Filing 1 Complaint with jury demand against Irvin Administrative Solutions, LLC, McDonald & Company Securities, Inc., KeyBank, NA, Fifth Third Bank, Rhonda S. Irvin-Cox, Daniel R. Cox ( Filing fee 350 receipt number 2562915.). Filed by First Realty Property Management, James A. Grasso, Mary Abazio. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Civil Cover Sheet #6 Corporate Disclosure Statement#7 Summons)(Rooney, Dean) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,BA) |
Judge Patricia A. Gaughan assigned to case. (C,BA) |
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