Joyce Manufacturing Company et al v. Midwest Investments Services Group, Inc. et al
| Joyce Factory Direct LLC and Joyce Manufacturing Company |
| Steven C Townzen, Midwest Investments Services Group, Inc., Samantha Townzen and Townzen Family Company LLC |
| 1:2017cv00840 |
| April 19, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Christopher A Boyko |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 42 Opinion and Order. The Court Adopts the Magistrate Judge's Report and Recommendation (Related doc #41 ) in part. As set forth herein, Plaintiff's Motion to Enforce Settlement (Related doc #21 ) is granted in part. Judge Christopher A. Boyko on 1/18/2019. (H,CM) |
| Filing 41 Report and Recommendation: Based upon the terms of the settlement agreement and the affidavit of Thomas C. Schrader, I recommend that the Court grant judgment in favor of plaintiffs, Joyce Manufacturing Co. and Joyce Factory Direct, LLC, in the amount of $125,000.00, plus interest, against defendants, Midwest Investment Services Group, Inc. and the Estate of Stephen Townzen, jointly and severally. I do not recommend an award of attorneys' fees, as requested by plaintiffs. Because withdrawn by plaintiffs, I recommend that the court DENY, as moot, plaintiff's motion for a contempt finding. Related document(s) #21 . Objections to Report & Recommendation due by 1/11/2019. Magistrate Judge Thomas M. Parker on 12/28/2018. (D,JJ) |
| Copy of #41 Report and Recommendation mailed to Midwest Investments Services Group, Inc., 2068 Concourse Drive, Maryland Heights, MO 63146, and Steven C Townzen, 1136 Washington Avenue #808, St. Louis, MO 63101 on 12/28/2018. (D,JJ) |
| Filing 40 Supplemental Brief in Support of Motion to Enforce Settlement filed by Joyce Factory Direct LLC, Joyce Manufacturing Company. Related document #21 . (Attachments: #1 Exhibit One - Affidavit of Thomas C. Schrader)(Weiss, Eric) Wrong event used, modified on 12/10/2018 (W,CM). |
| Filing 39 Returned Mail addressed to Party Samantha Townzen. Attempted - not known, unable to forward. Related document(s) #36 , Non document orders filed 11/6/18. (H,D) |
| Filing 38 Returned Mail addressed to Party Townzen Family Company LLC. Attempted - not known, unable to forward. Related document(s) #36 , Non-document orders filed on 11/6/18. (H,D) |
| Filing 37 Minutes of Proceedings and Order. On November 15, 2018, the court conducted an ex-parte conference with plaintiffs' counsel, Thomas C. Schrader. The hearing on plaintiffs' motion to enforce did not go forward. The court ORDERS plaintiffs to file a supplemental brief in support of the motion to enforce settlement agreement with an amended prayer for relief on or before November 29, 2018. (Court reporter: N/A. Time: 20 minutes). Magistrate Judge Thomas M. Parker on 11/15/2018. (D,JJ) |
| Copy of #37 Minutes of Proceedings and Order mailed to: Midwest Investments Services Group, Inc., 2068 Concourse Drive, Maryland Heights, MO 63146, Townzen Family Company LLC, 70 Weldon Parkway, Maryland Heights, MO 63043, Samantha Townzen, 70 Weldon Parkway, Maryland Heights, MO 63043, and Steven C Townzen, 1136 Washington Avenue #808, St. Louis, MO, 63101 on 11/15/2018. (D,JJ) |
Filing 36
Order. A hearing is scheduled for November 15, 2018 at 1:00 PM in Courtroom 11B regarding Plaintiffs' #21 Motion to Enforce Settlement, Motion to Issue Finding of Contempt, and Motion to Award Attorney's Fees. Defendants must retain new counsel or appear pro se at the hearing. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 11/6/2018. (D,JJ)
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Order [non-document] granting Defendants' Motion to withdraw as attorney. Attorney Albert S. Watkins removed from case. (Related Doc #34 ). Magistrate Judge Thomas M. Parker on 11/6/2018.(D,JJ)
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Order [non-document] granting Defendants' Motion to withdraw as attorney. Attorney Terry M. Brennan removed from case. (Related Doc #33 ). Magistrate Judge Thomas M. Parker on 11/6/2018.(D,JJ)
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| Copy of Orders [non-document] dated 11/6/2018 regarding counsel for Defendants' Motions to withdraw as attorneys for Defendants, and a copy of Order (ECF Doc. #36 ), was mailed to Midwest Investments Services Group, Inc., 2068 Concourse Drive, Maryland Heights, MO 63146, Townzen Family Company LLC, 70 Weldon Parkway, Maryland Heights, MO 63043, Samantha Townzen, 70 Weldon Parkway, Maryland Heights, MO 63043, and Steven C Townzen, 1136 Washington Avenue #808, St. Louis, MO, 63101 on 11/6/2018. (D,JJ) |
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Order [non-document] granting Defendants' Motion to withdraw as attorney. Attorney Ruth E. Hartman removed from case. (Related Doc #32 ). Magistrate Judge Thomas M. Parker on 11/6/2018.(D,JJ)
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Order [non-document] granting Defendants' Motion to withdraw as attorney. Attorney Michael D. Schwade removed from case. (Related Doc #35 ). Magistrate Judge Thomas M. Parker on 11/6/2018.(D,JJ)
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| IMPORTANT: Notice [non-document]: The Hearing re Plaintiff's #21 Motion to Enforce Settlement, Motion to Issue Finding of Contempt, and Motion to Award Attorney's Fees has been RESCHEDULED for 11/15/2018 at 1:00 PM in Courtroom 11B before Magistrate Judge Thomas M. Parker. (D,JJ) |
| Filing 35 Amended Motion by Michael D. Schwade to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. Related document(s) #30 , #24 . (Schwade, Michael) |
| Filing 34 Amended Motion by Albert S. Watkins to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. Related document(s) #30 , #23 . (Watkins, Albert) |
| Filing 33 Amended Motion by Terry Brennan to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Attachments: #1 Exhibit Hartman Declaration)(Brennan, Terry) |
| Filing 32 Amended Motion by Ruth Hartman to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) |
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Filing 31
Order. Baker & Hostetler LLP, and Attorneys Brennan and Hartman have not provided enough information to satisfy the court that they are withdrawing in accordance with Ohio R. Prof. Cond. 1.16(b) & (d). The motions to withdraw will be DENIED, without prejudice. Within five days of this order, Baker & Hostetler LLP, and Attorneys Brennan and Hartman will be permitted to supplement their motions to withdraw with more information showing that there is good cause for withdrawal in accordance with Ohio R. Prof. Cond. 1.16(b). Alternatively, they may renew their motions at any time after replacement counsel files a notice of appearance for defendants. Related Docs #25 , #26 . Magistrate Judge Thomas M. Parker on 10/12/2018.(D,JJ)
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Filing 30
Order. Attorneys Watkins and Schwade have not provided enough information to satisfy the court that they are withdrawing in accordance with Ohio R. Prof. Cond. 1.16(b) & (d) and with Local Rule 83.9. The motions to withdraw will be DENIED, without prejudice. Within five days of this order, Attorney Watkins and Schwade will be permitted to supplement their motions to withdraw with more information showing that defendants have provided informed consent to their withdrawal. Alternatively, they may renew their motions at any time after replacement counsel files a notice of appearance for defendants. Related Docs #23 , #24 . Magistrate Judge Thomas M. Parker on 10/12/2018.(D,JJ)
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Order referring Motions by attorneys Terry M. Brennan and Ruth E. Hartman to withdraw as counsel for Defendants (Related doc #'s #25 , #26 ) to Magistrate Judge Thomas M. Parker. Judge Christopher A. Boyko on 10/11/2018. (H,CM)
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| Filing 29 FILING ERROR, duplicate of entry #26 . Motion by Ruth E. Hartman to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) Modified on 10/11/2018 for filing error (H,SP). |
| Filing 28 FILING ERROR, duplicate of entry #26 . Motion by Ruth E. Hartman to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) Modified on 10/11/2018 for filing error (H,SP). |
| Filing 27 FILING ERROR, duplicate of entry #26 . Motion by Ruth E. Hartman to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) Modified on 10/11/2018 for filing error(H,SP). |
| Filing 26 Motion by Ruth E. Hartman to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) |
| Filing 25 Motion for Leave to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Brennan, Terry) |
| IMPORTANT: Notice [non-document]. A Hearing re Plaintiff's #21 Motion to Enforce Settlement, Motion to Issue Finding of Contempt, and Motion to Award Attorney's Fees has been set for 11/9/2018 at 10:00 AM in Courtroom 11B before Magistrate Judge Thomas M. Parker. (D,JJ) |
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Order (non-document) referring Motions by attorneys Albert Watkins and Michael Schwade to withdraw as counsel for Defendants (Related doc #'s #23 , #24 ) to Magistrate Judge Thomas M. Parker. Judge Christopher A. Boyko on 10/10/2018. (H,CM)
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| Filing 24 Motion to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Schwade, Michael) |
| Filing 23 Motion to withdraw as attorney filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Watkins, Albert) |
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Filing 22
Order referring Plaintiffs' Motion to Enforce Settlement, Issue Finding of Contempt and Award Attorney's Fees (Related doc #21 ) to Magistrate Judge Thomas M. Parker for report and recommendation. Judge Christopher A. Boyko on 10/1/2018. (H,CM)
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| Filing 21 Motion to Enforce Settlement, Motion to Issue Finding of Contempt, and Motion to Award Attorney's Fees with Memorandum in Support filed by Joyce Factory Direct LLC, Joyce Manufacturing Company. (Attachments: #1 Exhibit A - Handwritten Settlement Document, #2 Exhibit B - Settlement Agt - Promissory Note - Amortization Schedule)(Weiss, Eric). Added Motion for contempt, Motion for attorney fees. Modified on 9/11/2018 (W,CM). |
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Filing 20
Order and Stipulation of Dismissal with prejudice (Related doc #19 ). The Court retains jurisdiction to enforce settlement. Judge Christopher A. Boyko on 11/6/2017. (H,CM)
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| Filing 19 Proposed Stipulation of Dismissal with Prejudice filed by All Plaintiffs. (Weiss, Eric) |
| Minute Order [non-document] of Mediation held on 10/5/2017. Plaintiff's representatives Russ Schmidt and Todd Schmidt with counsel Eric Weiss and Thomas Schrader; Defendant Steven Townzen with counsel Albert Watkins and Michael Schwade all participated. Case settled. Parties shall execute final settlement agreement based upon the term sheet signed by all parties with 30 days. Parties shall file stipulation for dismissal of the action with prejudice within 30 days. The court retains jurisdiction to enforce the settlement agreement. Magistrate Judge Thomas M. Parker on 10/5/2017. (Court Reporter: n/a.) Time: 6 hours. (O,K) |
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Order [non-document]: As a result of conducting ex parte conference calls with counsel in preparation for the mediation conference set for 10/5/2017, the court learned that neither party has produced documents in response to the discovery requests of the other. Because such an exchange is critical to enabling a meaningful settlement negotiation, plaintiff and defendants are hereby ORDERED to produce forthwith all documents responsive to the opposing party's discovery requests not later than 11:00 a.m. on Wednesday, 10/4/2017. Such documents shall be produced electronically by email transmission, document upload to a shared cloud storage server or by an agreed file transfer protocol. Further, the court excuses Defendant Samantha Townzen from attendance at the mediation conference pursuant to the agreement of the parties. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 10/3/2017. (O,K)
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| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 10/3/2017 with Plaintiff's counsel Eric Weiss and Thomas Schrader and defense counsel Albert Watkins. The court and counsel discussed background information and issues in order to prepare for upcoming mediation. (Court Reporter: n/a. Time: 1 hr.) (O,K) Modified on 10/4/2017 (S,HR). |
| IMPORTANT: Notice [non-document] of hearing: Ex-parte Telephone Conferences set for 10/3/2017 at 09:30 AM with Defense counsel and at 10:30 AM with Plaintiff's counsel both before Magistrate Judge Thomas M. Parker. Call-in instructions have been emailed separately. (Related document #18 ) (O,K) |
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Filing 18
Order Setting Mediation/Settlement Conference. Mediation conference to be held on 10/5/2017 at 10:00 AM in Chambers 11B. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email or telephone to schedule the ex-parte telephone conference. Magistrate Judge Thomas M. Parker on 7/26/2017. (O,K) (Additional attachment: #1 Corrected Order) (O,K). Modified to add corrected order on 7/26/2017 (O,K).
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Filing 17
Order re #16 Order of Referral to Judicial Officer for Mediation or Settlement. Mediation to be completed by 10/31/2017. Judge Christopher A. Boyko on 7/25/2017. (R,D)
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Filing 16
Order referring case to Magistrate Judge Thomas M. Parker for Mediation to be completed by 9/15/2017. Judge Christopher A. Boyko on 7/13/2017. (H,CM)
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| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Case Management Conference held on 7/13/2017. (Case has not been assigned to a track at this time. ) Parties request Mediation with the Magistrate Judge. Referral Order to issue. Parties shall exchange paper discovery prior to Mediation. (Court Reporter: None; Time: 15 min.) (H,CM) |
| Filing 15 Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Schwade, Michael). Modified text on 7/10/2017 (S,HR). |
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Order [non-document] granting Defendant Samantha Townzen's Motion to excuse appearance at case management conference (Related Doc #14 ). Judge Christopher A. Boyko on 6/28/2017.(H,CM)
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| Filing 14 Motion to excuse physical presence at case management conference and to participate by telephone filed by Defendant Samantha Townzen. Related document(s) #13 . (Schwade, Michael) Modified text on 6/28/2017 (S,HR). |
| Filing 13 Notice of Case Management Conference. Conference to be held on 7/13/2017 at 11:00 AM at Chambers 15B. Judge Christopher A. Boyko on 6/13/2017. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM) |
| Filing 12 Answer to Complaint filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Schwade, Michael) |
| Filing 11 Entry of Appearance by Michael D. Schwade on behalf of all defendants. (Schwade, Michael) Modified text on 5/11/2017 (S,HR). |
| Filing 10 Entry of Appearance by Albert S. Watkins on behalf of all defendants. (Watkins, Albert) Modified text on 5/11/2017 (S,HR). |
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Order [non-document] granting Defendants' Motions for attorneys Michael Schwade and Albert S. Watkins to appear pro hac vice (Related Doc #'s #8 , #9 ). 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. Judge Christopher A. Boyko on 5/4/2017.(H,CM)
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| Filing 9 Motion for attorney Albert S. Watkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8142762, filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit, #3 Exhibit 1 Order)(Hartman, Ruth) Modified exhibit text & added middle initial on 5/4/2017 (G,CA). |
| Filing 8 Motion for attorney Michael D. Schwade to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8142747, filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit)(Hartman, Ruth) Modified to add middle initial on 5/4/2017 (G,CA). |
| Filing 7 Unopposed Motion for extension of time until May 19, 2017 to answer or otherwise respond to the Complaint filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) |
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Order [non-document] granting Defendants Midwest Investments, Samantha Townzen, Steven Townzen and Townzen Family's #7 Motion for Extension of Time until 5/19/2017 to Answer. Judge Christopher A. Boyko on 4/20/2017.(H,CM)
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| Filing 6 Stipulation to Allow a 30-day Extension to Move, Plead, or Otherwise Respond to Complaint filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) Modified text on 4/20/2017 (S,HR). |
| Filing 5 Magistrate Consent Form issued. (S,SR) |
| Filing 4 Civil Cover Sheet to #1 Notice of Removal filed by Midwest Investments Services Group, Inc., Samantha Townzen, Steven C Townzen, Townzen Family Company LLC. (Hartman, Ruth) Modified text on 4/20/2017 (S,HR). |
| Filing 3 Corporate Disclosure Statement filed by Townzen Family Company LLC. (Hartman, Ruth) |
| Filing 2 Corporate Disclosure Statement filed by Midwest Investments Services Group, Inc.. (Hartman, Ruth) |
| Filing 1 Notice of Removal from Cuyahoga Court of Common Pleas, case number CV-17-877484, with jury demand. Filing fee paid $ 400.00, receipt number 0647-8120835. Filed by Samantha Townzen, Steven C Townzen, Midwest Investments Services Group, Inc., Townzen Family Company LLC. (Attachments: #1 Exhibit State Court Pleading, #2 Exhibit Summonses and Docket, #3 Exhibit Notice to State Court) (Hartman, Ruth) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR) |
| Judge Christopher A. Boyko assigned to case. (S,SR) |
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