Capital Equity Group v. Ripken Sports Inc. et al
Plaintiff: Capital Equity Group
Defendant: Ripken Sports Inc, Ripken Sports Inc., Sports Fields Inc., John Does, Sports Force Parks Sandusky LLC, Ripken Baseball Inc. and Sports Fields Inc. doing business as Sports Force
Case Number: 1:2016cv01953
Filed: August 4, 2016
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Geauga
Presiding Judge: Benita Y Pearson
Nature of Suit: Contract: Other
Cause of Action: 28:1330
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2018 Filing 81 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #73 Notice of Appeal (USCA# 17-4006). Date issued as mandate 8/22/18, Costs: None (H,SP)
November 22, 2017 Opinion or Order Filing 79 Order denying Defendants' Motion to Tax Costs Against Plaintiff (ECF No. #74 ) and Motion for Discovery Sanctions Against Plaintiff (ECF No. #75 ), without prejudice to re-filing of the motions after the conclusion of the appeal(s), if necessary. Judge Benita Y. Pearson on 11/22/2017. (JLG)
November 15, 2017 Filing 78 Reply in support of #74 Motion to tax costs against Plaintiff Capital Equity Group filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Exhibit D - CEG's Discovery Requests, #2 Exhibit E - Updated ESI Costs, #3 Exhibit F - 2/10/17 Email from Mr. Meuti to Mr. Lindner, #4 Exhibit G - 5/10/17 Email from Mr. Meuti to Mr. Lindner)(Kash, Kendall)
November 15, 2017 Filing 77 Reply in support of #75 Motion for discovery sanctions against Plaintiff Capital Equity Group filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Exhibit K - 2/24/14 Email from Mr. Tiefel to Mr. Lindner)(Meuti, Michael)
November 8, 2017 Filing 76 Opposition to #75 Motion for discovery sanctions against Plaintiff Capital Equity Group, #74 Motion to tax costs against Plaintiff Capital Equity Group filed by Capital Equity Group. (Attachments: #1 Exh 1 - Binding and Non-Binding Letter of Intent, #2 Exh 2 - Mark Tiefel Deposition Exerpt)(Lindner, Daniel)
October 25, 2017 Filing 75 Motion for discovery sanctions against Plaintiff Capital Equity Group filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Brief in Support of Motion for Discovery Sanctions, #2 Exhibit A - Feb. 24, 2014 Letter from James Arnold to Mark Tiefel, #3 Exhibit B - Excerpts from Mark Tiefel's 30(b)(6) Deposition, #4 Exhibit C - Excerpts from Brian Storm's 30(b)(6) Deposition, #5 Exhibit D - SFI's First Request for Admission, #6 Exhibit E - Answers and Objections to SFI's First Requests for Admission, #7 Exhibit F - July 13, 2017 Letter from Mr. Meuti to Mr. Lindner, #8 Exhibit G - July 19, 2017 Letter from Mr. Lindner to Mr. Meuti, #9 Exhibit H - July 21, 2017 Letter from Mr. Meuti to Mr. Lindner, #10 Exhibit I - CEG's First Amended Answer to SFI's First Requests for Admission, #11 Exhibit J - CEG's Second Amended Answers to SFI's First Requests for Admission)(Meuti, Michael) Modified text on 10/26/2017 (H,SN).
October 25, 2017 Filing 74 Motion to tax costs against Plaintiff Capital Equity Group filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Brief in Support of Motion to Tax Costs, #2 Exhibit A - Bill of Costs, #3 Exhibit B - Declaration of Ian Byrnside, #4 Exhibit C-1 Deposition Costs, #5 Exhibit C-2 Copy Costs, #6 Exhibit C-3 ESI Costs)(Meuti, Michael) Modified text on 10/26/2017 (H,SN).
September 26, 2017 Acknowledgment from the USCA for Sixth Circuit of receipt of #73 Notice of Appeal (USCA # 17-4006). Date filed in USCA 9/22/2017 (C,KA)
September 21, 2017 Filing 73 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #72 Memorandum of Opinion and Order of 9/19/17, filed by Capital Equity Group. (Filing fee $505 paid, receipt number 0647-8335048) (Lindner, Daniel). Modified text on 9/22/2017 (H,SP).
September 19, 2017 Filing 72 Memorandum of Opinion and Order For the reasons set forth herein, Defendants' Motion to Dismiss (ECF No. #12 ) is granted. This matter is dismissed with prejudice. Judge Benita Y. Pearson on 9/19/2017. (JLG)
September 14, 2017 Filing 71 Reply in support of #68 Motion for leave to File Motion for Partial Reconsideration filed by Capital Equity Group. (Lindner, Daniel)
September 7, 2017 Filing 70 Opposition to #68 Motion for leave to File Motion for Partial Reconsideration filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
September 5, 2017 Filing 69 Notice to take Deposition of Brian Storm and James Arnold on September 15, 2017 filed by Capital Equity Group. (Lindner, Daniel)
August 30, 2017 Filing 68 Motion for leave to File Motion for Partial Reconsideration filed by Plaintiff Capital Equity Group. Related document(s) #64 . (Attachments: #1 Exhibit 1 - Affidavit of Jennifer Engel, #2 Exhibit 2 - Affidavit of Daniel Lindner)(Lindner, Daniel)
August 30, 2017 Opinion or Order Filing 67 Order: Plaintiff shall provide to SFI, within seven days of the date of this Order, the items described supra relevant to Interrogatory No. 2 (detail regarding the alleged expenses, including the amounts, the dates the expenses were incurred, and to whom the payments were made) and Request for Production No. 4 (documents responsive to this request with third person names redacted). See order for details. Magistrate Judge Kathleen B. Burke on 8/30/2017. (D,I)
August 25, 2017 Filing 66 Joint Status Report of Discovery Dispute filed by Sports Fields Inc.. Related document(s) #65 , #63 .(Meuti, Michael)
August 16, 2017 Opinion or Order Filing 65 Order re #63 . Within seven (7) days of the date of this Order, the parties shall talk in person or by telephone in an effort to resolve the disputes. On or before August 25, the parties shall file a Joint Notice advising whether all disputes have been resolved and, if not, they shall identify the disputes that remain and shall briefly state each side's position with respect to those disputes. The Joint Notice shall not exceed three (3) pages, double-spaced. Magistrate Judge Kathleen B. Burke on 8/16/2017. (D,I)
August 16, 2017 Opinion or Order Filing 64 Order granting in part Plaintiff's #53 Motion to Extend Expert Deadline, Discovery Deadline and Dispositive Motion Deadline. Fact discovery is extended for 45 days, until 9/15/2017. The cut-off to file dispositive motions is extended for 45 days, until 10/15/2017. Plaintiff's request to extend the expert report cut-off is denied. Trial will commence 2/5/2018. A separate trial order will issue. It appears the parties have not resolved their dispute(s), the referral to Magistrate Judge Kathleen B. Burke (see ECF No. #50 referring ECF No. #49 is reinstated and enlarged to include referral of ECF No. #63 . Judge Benita Y. Pearson on 8/16/2017. (E,CK)
August 11, 2017 Filing 63 Notice of Discovery Dispute filed by Sports Fields Inc.. (Meuti, Michael)
August 3, 2017 Filing 62 Marginal Order granting #61 Joint Motion to Seal Docket Entries 57 and 58. Judge Benita Y. Pearson on 8/3/2017. (JLG)
August 3, 2017 Filing 61 Joint Motion to Seal Docket Entries 57 and 58 filed by Capital Equity Group. Related document(s) #58 , #57 .(Lindner, Daniel) Modified text and created motion event on 8/3/2017 (JLG).
August 2, 2017 Filing 60 Notice Regarding CEG's Motion for Discovery Extension filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. Related document(s) #55 .(Meuti, Michael) Modified text on 8/2/2017 (H,SN).
August 2, 2017 Opinion or Order Order [non-document]: The parties have advised in their Joint Status Report (Doc. #59 ) that the discovery dispute (Doc. #49 ) has been resolved. Magistrate Judge Kathleen B. Burke on 8/2/2017. (P,G)
August 1, 2017 Filing 59 Joint Status Report Regarding Discovery Dispute filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. Related document(s) #56 .(Meuti, Michael)
July 31, 2017 Filing 58 SEALED Document:Reply in support of #53 motion to extend expert report deadline discovery deadline and dispositive motion deadline with Exhibits C, D, E, F, G, and J filed by Capital Equity Group. Related document(s) #25 , #57 . (Attachments: #1 Exhibit C November 13, 2015 email, #2 Exhibit D - December 4, 2015 email, #3 Exhibit E - SF2300-2301 admission of financial terms, #4 Exhibit F- November 9, 2015 email, #5 Exhibit G November 16, 2015 email, #6 Exhibit J - SFI fourth document production)(Lindner, Daniel) Modified text, added link 8/1/2017 (C,KA).
July 31, 2017 Filing 57 SEALED Document: Reply in support of #53 Motion to Extend Expert Deadline, Discovery Deadline and Positive Motion Deadline for 30 days filed by Capital Equity Group. (Attachments: #1 Exhibit A - Discovery demand letters, #2 Exhibit B - SFI response regarding document production, #3 Exhibit C - filed under seal, #4 Exhibit D - filed under seal, #5 Exhibit E - filed under seal, #6 Exhibit F - filed under seal, #7 Exhibit G - filed under seal, #8 Exhibit D - Design-build agreement, #9 Exhibit I - July 1 email string, #10 Exhibit J - filed under seal)(Lindner, Daniel) Modified document security to sealed on 8/3/2017 - See ECF No. #62 . (JLG).
July 26, 2017 Opinion or Order Filing 56 Order: Counsel shall meet and confer, again, in person or by phone, to attempt to resolve this issue. Prior to conferring, counsel shall each refresh his or her memory by reviewing the letter and email correspondence they sent to each other. This conference shall take place by August 1, 2017. If the parties have still not resolved this issue, they shall file a Joint Status Report detailing an accurate account of the history and their positions. Counsel are warned that the failure to accurately state facts to the Court will result in sanctions. Magistrate Judge Kathleen B. Burke on 7/26/2017. (D,I)
July 25, 2017 Filing 55 Opposition to #53 Motion to Extend Expert Deadline, Discovery Deadline and Positive Motion Deadline for 30 days filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Exhibit 1 - Meuti Declaration, #2 Exhibit 2 - Summary of SFI's document productions, #3 Exhibit 3 - 6/27/17 Email from D. Lindner to M. Meuti, #4 Exhibit 4 - 7/1/17 Email from D. Lindner to M. Meuti, #5 Exhibit 5 - 7/14/17 Emails between D. Lindner and M. Meuti)(Meuti, Michael)
July 20, 2017 Opinion or Order Filing 54 Order: The defendant is to submit to the undersigned the document identified in the status report as Exhibit 4 and any document(s) pre-dating the deposition of Mark Tiefel that establish whether notice of an inadvertent production of Exhibit 4 was provided by defense counsel to plaintiff's counsel before the deposition. was provided by defense counsel to plaintiff's counsel before the deposition. These documents are to be submitted by email to the chamber's email. See order for details. Magistrate Judge Kathleen B. Burke on 7/20/2017. (D,I)
July 19, 2017 Filing 53 Motion to Extend Expert Deadline, Discovery Deadline and Positive Motion Deadline for 30 days filed by Plaintiff Capital Equity Group. (Attachments: #1 SEALED Exhibit 1- email string showing redacted attachment and other documents not provided, #2 Exhibit 2 - Discovery demand email string with assurance that documents would be provided)(Lindner, Daniel) Modified text on 7/20/2017 (H,SN). Per help desk call, modified to seal confidential exhibit 1 pursuant to Protective Order (S,HR).
July 17, 2017 Filing 52 Joint Status Report Regarding Discovery Dispute filed by Sports Fields Inc.. Related document(s) #51 .(Meuti, Michael)
July 13, 2017 Opinion or Order Filing 51 Order: Counsel shall meet and confer in person or via telephone to discuss the alleged discovery dispute. Thereafter, on or before 12:00 noon on July 17, 2017, counsel shall file a joint status report updating the Court on the status of the dispute. If the entire matter has not been resolved, counsel should detail the nature of the dispute, counsels' efforts to resolve it, and what they have and have not been able to resolve. The joint status report shall not exceed 3 double spaced pages and shall be signed by counsel for both parties. Magistrate Judge Kathleen B. Burke on 7/13/2017. (D,I)
July 13, 2017 Opinion or Order Filing 50 Order of reference to Magistrate Judge Kathleen B. Burke for resolution of the parties' discovery dispute (related doc #49 ). Judge Benita Y. Pearson on 7/13/2017 (C,KA)
July 11, 2017 Filing 49 Notice of Discovery Dispute filed by Sports Fields Inc.. (Meuti, Michael)
June 22, 2017 Filing 48 Notice of Service of Subpoena to Duffield E. Milkie, Cedar Fair LP filed by Capital Equity Group. (Lindner, Daniel)
June 22, 2017 Filing 47 Notice of Service of Subpoena to Clerk of Erie County Commissioners filed by Capital Equity Group. (Lindner, Daniel)
April 3, 2017 Opinion or Order Filing 46 Order For the reasons set forth herein, the Court dismisses any and all claims previously asserted in this action against Defendant Ripken Baseball, Inc. with prejudice. The Court denies as moot Defendant Ripken Baseball, Inc.'s Motion to Dismiss (ECF No. #18 ). Judge Benita Y. Pearson on 4/3/2017. (JLG)
April 3, 2017 Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 4/3/2017. Present were Attorney Daniel F. Lindner as counsel for Plaintiff; Attorneys Michael D. Meuti and Ian K. Byrnside as counsel for Defendants Ripken Sports, Inc., Sports Field Inc., and Sports Force Parks Sandusky LLC. Counsel and the Court briefly discussed the mediation before Magistrate Judge Burke and the parties' current positions. The Court will resolve Defendants' pending Motion to Dismiss (ECF No. #12 ). The parties shall persist on the schedule they are on unless and until the Court dictates otherwise. (Court Reporter: None); Time: 10 Minutes. (JLG)
March 27, 2017 Filing 45 Stipulated Notice of Dismissal Under FRCP 41(a)(1) (A)(ii) of Ripken Baseball, Inc. with Prejudice filed by Ripken Baseball Inc.. (Krantz, Brett)
February 24, 2017 Filing 44 Minute Order of Mediation. Plaintiff and Defendant RBI reached an agreement pursuant to which RBI will provide an affidavit confirming that no Ripken-related entity or principal has been or will be involved in the project at issue and Plaintiff will thereafter dismiss RBI with prejudice from this case. Plaintiff and the remaining Defendants did not reach a settlement. Time: 4 hours, 30 minutes. Magistrate Judge Kathleen B. Burke on 2/23/2017. (D,I)
February 21, 2017 Filing 43 Minute Order of Telephone Conference held on 2/17/2017. The Court discussed with counsel the upcoming mediation. Time: 15 minutes. Magistrate Judge Kathleen B. Burke on 2/17/2017. (D,I)
February 16, 2017 Filing 42 Notice of Substitution of Counsel removing attorney Robert J. Bowes, III and adding attorney Sean P. Malone filed by on behalf of Ripken Baseball Inc.. (Malone, Sean)
February 16, 2017 IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 2/17/2017 at 02:00 PM before Magistrate Judge Kathleen B. Burke. Counsel for Plaintiff is to set up the call. After all participants are on the line, Plaintiff's counsel shall call Chambers at 330.252.6170. (W,Su)
February 10, 2017 Opinion or Order Filing 41 Order granting Motion for Appearance Pro Hac Vice by Attorney Ian K. Byrnside for Defendants Ripken Sports Inc., Sports Fields Inc. and Sports Force Parks Sandusky LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #40 ). Judge Benita Y. Pearson on 2/10/2017. (JLG)
February 9, 2017 Filing 40 Motion for attorney Ian K. Byrnside to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8018838, filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Meuti, Michael) Modified duplicate text on 2/9/2017 (G,CA).
December 30, 2016 Opinion or Order Filing 39 Order granting #38 Motion to Correct CMC Order. For the reasons set forth herein at the request of the parties, the CMC Order #26 is modified by striking paragraph 9 from the existing CMC Order and replacing it (via interlineation) with the following text: The parties have agreed to a process governing the discovery of electronically stored information. That agreement may be found at Docket Entry 38-1. Judge Benita Y. Pearson on 12/30/2016. (E,CK)
December 23, 2016 Filing 38 Motion to Correct CMC Order filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. Related document(s) #26 . (Attachments: #1 Exhibit A - ESI Plan)(Meuti, Michael)
December 23, 2016 Filing 37 Reply in support of #12 Motion to dismiss for failure to state a claim filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
December 21, 2016 Filing 36 Memorandum in Reply to CEG Inc.'s Opposition to Its Motion to Dismiss filed by Ripken Baseball Inc.. Related document(s) #29 . (Attachments: #1 Exhibit 1 Supplemental Declaration of Diane Erickson, #2 Exhibit 2 USPTO Printouts) (Krantz, Brett)
December 19, 2016 Opinion or Order Order [non-document] granting as requested #35 Motion for Extension of Time until 12/23/2016 to File Reply to Memorandum in Opposition. Judge Benita Y. Pearson on 12/19/2016. (JLG)
December 12, 2016 Filing 35 Motion for extension of time until 12/23/2016 to File Reply to Memorandum in Opposition filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. Related document(s) #28 . (Meuti, Michael)
December 12, 2016 Filing 34 Notice of Filing Supplemental Affidavit of Mark Tiefel filed by Capital Equity Group. (Attachments: #1 Exhibit A2 Supplemental Affidavit of Mark Tiefel)Related document(s) #29 .(Lindner, Daniel) Modified exhibit description on 12/12/2016 (H,SN).
December 9, 2016 Opinion or Order Order [non-document] granting Defendant's #33 Motion for Extension of Time until 12/23/2016 to reply to Plaintiff's Brief #29 Opposition. Judge Benita Y. Pearson on 12/9/2016. (E,CK)
December 7, 2016 Filing 33 Motion for extension of time until 12/23/16 to File Reply to Brief in Opposition filed by Defendant Ripken Baseball Inc. Related document(s) #29 . (Attachments: #1 Exhibit A Proposed Order)(Krantz, Brett) Modified exhibit description on 12/8/2016 (H,SN).
December 5, 2016 Opinion or Order Filing 32 Order setting mediation conference for 2/23/2017 at 10:00 AM in Chambers 480 before Magistrate Judge Kathleen B. Burke. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. NOTE: Conference will take place in the AKRON Courthouse. Magistrate Judge Kathleen B. Burke on 12/2/2016. (D,I)
December 5, 2016 Filing 31 Minute Order of Telephone Conference held on 12/2/2016. After discussion, the Court set the mediation conference for February 23, 2017, at 10:00 a.m. Counsel informed the Court that the following party representatives will appear: for Plaintiff, Mark Tiefel; for Defendant RBI, Erickson and/or Bramlett; and for the remaining Defendants, Brian Storm. Order to follow. Time: 30 minutes. Magistrate Judge Kathleen B. Burke on 12/2/2016. (D,I)
December 5, 2016 Filing 30 SEALED Document:Exhibit C to Opposition to Motion to Dismiss of RBI filed by Capital Equity Group. Related document(s) #25 , #29 . (Lindner, Daniel)
December 5, 2016 Filing 29 Opposition to #18 Motion to dismiss for failure to state a claim for lack of jurisdiction Motion to dismiss for lack of jurisdiction filed by Capital Equity Group. (Attachments: #1 Exhibit A - Affidavit of Mark Tiefel, #2 Exhibit B - Ripken Quotes, #3Exhibit C - placeholder. Document filed under seal)(Lindner, Daniel) Modified duplicate text on 12/7/2016 (H,SN).
December 5, 2016 Filing 28 Opposition to #12 Motion to dismiss for failure to state a claim filed by Capital Equity Group. (Lindner, Daniel)
November 29, 2016 Opinion or Order Order: [non-document] Telephone call with counsel set for December 2, 2016, at 10:00 a.m. The purpose of the call is to set the date for the Mediation Conference. Parties are welcome, but not required, to participate. Counsel for Plaintiff is to set up the call. After all participants are on the line, counsel for Plaintiff shall call Magistrate Judge Burke's Chambers at 330-252-6170. To facilitate setting the mediation date, counsel are expected to know their clients' availability. Magistrate Judge Kathleen B. Burke on 11/29/2016. (D,I)
November 28, 2016 Opinion or Order Filing 27 Order referring case to Magistrate Judge Kathleen B. Burke for Mediation. The Mediation shall be completed in February 2017, if possible. Judge Benita Y. Pearson on 11/28/2016. (JLG)
November 23, 2016 Filing 26 Case Management Conference Plan/Order. Case is assigned to the standard track. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. The parties agree that this case is suitable for mediation following discovery. Separate mediation referral order will issue for mediation before Magistrate Judge Kathleen B. Burke in February 2017, if possible. The cutoff for fact discovery, including expert discovery, shall be 8/1/2017. The cutoff to amend pleadings and add parties shall be 30 days prior to mediation, or 1/2/2017. The cutoff for filing dispositive motions is 8/31/2017. Responses shall be filed by 9/30/2017 and Replies by 10/14/2017. Lead counsel of record shall confer with one another in person in order to prepare written stipulations as to all uncontested facts to be presented by the dispositive motion. The stipulations shall be filed with the Court on or before 8/31/2017. A Telephonic Status Conference will be held 4/3/2017, at 12:00 p.m. Counsel for Defendants Ripken Sports, Inc., Sports Field Inc., and Sports Force Parks Sandusky LLC is to set up the conference call. Counsel for Defendants Ripken Sports, Inc., Sports Field Inc., and Sports Force Parks Sandusky LLC is to contact chambers directly at 330-884-7435 and Counsel for Plaintiff with all conference call instructions prior to the Status Conference. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Judge Benita Y. Pearson on 11/23/2016. (E,CK)
November 23, 2016 Opinion or Order Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Case Management Conference held on 11/23/2016. Present were Attorney Daniel F. Lindner as counsel for Plaintiff; Attorneys Kendall C. Kash, Michael D. Meuti, and Ian Burnside (by phone) as counsel for Defendants Ripken Sports, Inc., Sports Field Inc., and Sports Force Parks Sandusky LLC; Attorneys Robert J. Bowes, III and Eric R. Harlan for Defendant Ripken Baseball Inc. Also present were Mark Tiefel as Representative for Plaintiff; Diane Erickson (by phone) and John Bramlette (by phone) as Representatives for Defendant Ripken Baseball Inc.; Brian Storm (by phone) as Representative for Defendant Ripken Sports, Inc. and Sports Field Inc. Counsel and the Court discussed the facts surrounding the complaint. To expedite discovery relevant to Defendants' pending motions to dismiss, the Court will issue separate order approving the parties' proposed Stipulated Protective Order. Counsel for Defendants will provide Plaintiff's Counsel with confidential documents related to the business relationships between Defendants no later than 11/28/16. Following the close of discovery, the parties agree to mediation by Magistrate Judge Burke in February 2017; if possible. Separate case management order and mediation referral order will issue. (Court Reporter: None) Time: 1 Hour 15 Minutes. (E,CK)
November 23, 2016 Filing 25 Stipulated Protective Order See Electronic Filing Policies and Procedures Manual at Paragraphs 19 and 24 for filing documents under seal. Judge Benita Y. Pearson on 11/23/2016. (E,CK)
November 18, 2016 Filing 24 Stipulated Motion for protective order with Proposed Protective Order Attached filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Exhibit A Acknowledgment and Agreement to be Bound)(Meuti, Michael) Modified exhibit description on 11/21/2016 (H,SN).
November 18, 2016 Filing 23 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
November 8, 2016 Opinion or Order Order [non-document] granting as requested #15 ) Unopposed Motion to Excuse Appearance at CMC in Person and to Permit Party Representative to Appear by Telephone and #20 Motion to Attend Case Management Conference by Telephone. Company representative for Defendants Sports Fields, Inc., Ripken Sports, Inc., Sports Force Parks Sandusky LLC and Maryland counsel and client representative for Defendant Ripken Baseball, Inc. are permitted to attend the Case Management Conference via telephone. Counsel for Defendants Sports Fields, Inc., Ripken Sports, Inc. and Sports Force Parks Sandusky LLC shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 11/8/2016.(JLG)
November 7, 2016 Opinion or Order Filing 22 Order granting Motion for Appearance Pro Hac Vice by Attorney Eric R. Harlan for Defendant Ripken Baseball Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #17 ). Judge Benita Y. Pearson on 11/7/2016. (JLG)
November 4, 2016 Filing 21 Proposed Order Granting Motion to Appear Telephonically filed by Ripken Baseball Inc.. Related document(s) #11 . (Krantz, Brett)
November 4, 2016 Filing 20 Motion to attend Case Management Conference by telephone with Exhibit A Proposed Order Attached filed by Defendant Ripken Baseball Inc. Related document(s) #11 . (Krantz, Brett) Modified text on 11/7/2016 (H,SN).
November 4, 2016 Filing 19 Answer to #1 Complaint,, filed by Ripken Baseball Inc.. (Krantz, Brett)
November 4, 2016 Filing 18 Motion to dismiss for failure to state a claim for lack of jurisdiction filed by Defendant Ripken Baseball Inc. (Attachments: #1 Brief in Support Memorandum In Support, #2 Exhibit 1 Declaration of Erickson)(Krantz, Brett) Modified text on 11/7/2016 (H,SN).
November 4, 2016 Filing 17 Motion for attorney Eric R. Harlan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7887064, filed by Defendant Ripken Baseball Inc. (Attachments: #1 Affidavit)(Krantz, Brett) Modified duplicate text on 11/7/2016 (G,CA).
November 4, 2016 Filing 16 Corporate Disclosure Statement filed by Ripken Baseball Inc.. (Krantz, Brett)
November 4, 2016 Filing 15 Unopposed Motion to excuse appearance at CMC in person and to permit party representative to appear by telephone filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
November 4, 2016 Filing 14 Answer to #1 Complaint,, with Jury Demand filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
November 4, 2016 Filing 13 Brief in Support of Motion to Dismiss for Failure to State a Claim filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. Related document(s) #12 . (Attachments: #1 Exhibit A MD SOS Records re: Ripken Sports Inc.) (Meuti, Michael) Modified exhibit description on 11/7/2016 (H,SN).
November 4, 2016 Filing 12 Motion to dismiss for failure to state a claim filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
October 18, 2016 Filing 11 Case Management Conference Scheduling Order with case management conference to be held on 11/23/2016 at 11:30 a.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 10/18/2016. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (E,CK)
October 5, 2016 Opinion or Order Order [non-document] granting in part #7 Motion for Extension of Time until 11/4/2016 to answer Complaint. Judge Benita Y. Pearson on 10/5/2016. (JLG)
September 30, 2016 Filing 10 Corporate Disclosure Statement identifying Other Affiliate Sports Fields, Inc. for Sports Force Parks Sandusky LLC filed by Sports Force Parks Sandusky LLC. (Meuti, Michael)
September 30, 2016 Filing 9 Corporate Disclosure Statement filed by Sports Fields Inc.. (Meuti, Michael)
September 30, 2016 Filing 8 Corporate Disclosure Statement filed by Ripken Sports Inc.. (Meuti, Michael)
September 30, 2016 Filing 7 Motion for extension of time until December 6, 2016 to answer Complaint filed by Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael)
September 30, 2016 Filing 6 Notice of Attorney Appearance by Michael D. Meuti filed by on behalf of Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Meuti, Michael) Modified text on 10/3/2016 (H,SN).
September 22, 2016 Filing 5 Return of Service by Clerk by certified mail executed upon Ripken Baseball Inc., no date of service indicated on green card, filed on behalf of Capital Equity Group Related document(s) #2 . (R,Sh)
September 20, 2016 Filing 4 Return of Service by Clerk by certified mail executed upon Ripken Sports Inc. on 9/16/2016; Sports Fields Inc. on 9/16/2016; Sports Force Parks Sandusky LLC on 9/16/2016, filed on behalf of Capital Equity Group Related document(s) #2 . (R,Sh)
September 13, 2016 Service by Clerk. Summons and Complaint addressed to Ripken Baseball Inc. Receipt # 70161370000138687060, Ripken Sports Inc. Receipt # 70161370000138687077, Sports Fields Inc. Receipt # 70161370000138687046, Sports Force Parks Sandusky LLC Receipt # 70161370000138687053 placed in U.S. Mail. Type of service: certified mail. (S,SR)
August 4, 2016 Filing 3 Corporate Disclosure Statement filed by Capital Equity Group. (Lindner, Daniel)
August 4, 2016 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Ripken Baseball Inc., Ripken Sports Inc., Sports Fields Inc., Sports Force Parks Sandusky LLC. (Attachments: #1 Magistrate Consent Form) (S,SR)
August 4, 2016 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,SR)
August 4, 2016 Judge Benita Y. Pearson assigned to case. (S,SR)
August 4, 2016 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-7743068. Filed by Capital Equity Group. (Attachments: #1 Exhibit 1 - Contract, #2 Exhibit 2 - Binding LOI, #3 Exhibit 3 - Draft Development and Operations Agreement, #4 Exhibit 4 - Cooperative Agreement, #5 Civil Cover Sheet, #6 Corporate Disclosure of Plaintiff, #7 Summons Ripken Sports Inc, #8 Summons Sports Fields Inc, #9 Summons Sports Force Parks Sandusky LLC, #10 Summons Ripken Baseball Inc) (Lindner, Daniel) Modified text on 8/4/2016 (S,SR).

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Defendant: Ripken Sports Inc.
Represented By: Kendall C. Kash
Represented By: Ian K. Byrnside
Represented By: Michael D. Meuti
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Defendant: Sports Fields Inc.
Represented By: Kendall C. Kash
Represented By: Ian K. Byrnside
Represented By: Michael D. Meuti
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Defendant: John Does
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Defendant: Sports Force Parks Sandusky LLC
Represented By: Kendall C. Kash
Represented By: Ian K. Byrnside
Represented By: Michael D. Meuti
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Defendant: Ripken Baseball Inc.
Represented By: Sean P. Malone
Represented By: Robert J. Bowes, III
Represented By: Brett S. Krantz
Represented By: Eric R. Harlan
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Defendant: Sports Fields Inc. doing business as Sports Force
Represented By: Kendall C. Kash
Represented By: Ian K. Byrnside
Represented By: Michael D. Meuti
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Plaintiff: Capital Equity Group
Represented By: Daniel F. Lindner
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