Robin Industries, Inc. v. Nonneman et al
| Robin Industries, Inc. |
| Elaine M. Nonneman, Jennifer A. Kunes, Lois E. Nonneman, Anita C. Nonneman, First Bankers Trust Services, Inc., Jason O. Kunes, Robin Industries Employee Stock Ownership Plan and John J. Elder |
| 1:2017cv01838 |
| September 1, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Dan Aaron Polster |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 E.R.I.S.A. |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
Minutes of Teleconference and Order of Dismissal Without Prejudice. On February 5, 2018, the Court held a scheduled teleconference. For the reasons stated in the Order, the controversy upon which this case was predicated no longer exists, and the action is, therefore, moot. Accordingly, the case is hereby dismissed without prejudice. Signed by Judge Dan Aaron Polster on 2/7/2018. (K,K)
|
|
Filing 30
Order granting Joint #29 Motion to Extend Deadlines and Motion for Extension of Time to Answer. Defendant Robin Industries Employee Stock Ownership Plan answer due 2/9/2018. Plaintiff Robin Industries, Inc. response to Defendant First Bankers Trust Services, Inc. #20 Motion to Dismiss due 2/9/2018. Signed by Judge Dan Aaron Polster on 2/1/2018.(K,K)
|
| Filing 29 Joint Motion for extension of time until February 9, 2018 to Answer Complaint and to Respond to Defendant First Bankers Trust Services, Inc.'s Motion to Dismiss filed by Plaintiff Robin Industries, Inc.. Related document(s) #1 , #28 . (Lewis, John). Modified text/added motion event on 2/1/2018 (M, S). |
| Filing 28 Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim filed by John J. Elder, Jason O. Kunes, Jennifer A. Kunes, Anita C. Nonneman, Elaine M. Nonneman, Lois E. Nonneman. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration)(Calabrese, J.) |
| Notice [non-document] of Telephone Conference set for 2/5/2018 at 02:00 PM before Judge Dan Aaron Polster. (K,K) |
| Filing 27 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. Continued mediation conference held on January 26, 2018. After continued negotiations, the parties were unable to reach a settlement. (Court Reporter: n/a) (Time: 3 hrs.) (S,S) |
|
Order [non-document] rescheduling Continued Mediation Discussions with counsel and parties for 1/26/2018 at 12:30 p.m. in Chambers 10B. Magistrate Judge Jonathan D. Greenberg on 1/25/2018. (S,S)
|
| IMPORTANT: Notice of Hearing [non-document]. The continued Mediation Discussions set for 1/25/2018 at 12:00 p.m., will be conducted in-person with counsel and clients present in Chambers 10B before Magistrate Judge Jonathan D. Greenberg. (S,S) |
| Filing 26 Minutes of proceedings [non-document] before Magistrate Judge Jonathan D. Greenberg. Continued mediation discussions with counsel held on January 18, 2018, and continued to January 25, 2018, at 12:00 p.m., by telephone, with counsel only. Counsel shall dial into the Court's Telephone Conference Bridge. The Court, via email, will provide counsel with instructions on accessing the Bridge. (Court Reporter: n/a) (Time: 45 min.) (S,S) |
| Filing 25 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. Continued mediation discussions with counsel held on January 10, 2018, and continued to January 18, 2018, at 12:00 p.m., with counsel only. (Court Reporter: n/a) (Time: 1.5 hrs.) (S,S) |
| Filing 24 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. Mediation Conference held on 1/5/2018. The parties are continuing negotiations. Counsel for Plaintiff shall call the Court for a status update on Wednesday, January 10, 2018 at 1:00 p.m. Counsel for the Shareholder Defendants shall contact the Court on that same date at 1:30 p.m. Mediation proceedings ongoing pending outcome of the parties' status updates. Parties please note the change in times of the January 10 conferences with the Court. (Court Reporter: n/a) (Time: 8 hrs.) (S,S) Modified hearing date on 1/8/2018 (M, S). |
| Filing 23 Unopposed Motion for extension of time until 01/31/2018 to file response/reply to #20 Motion to dismiss for failure to state a claim or, alternatively, to drop Defendant filed by Plaintiff Robin Industries, Inc.. Related document(s) #20 . (Stitt, Scott) |
|
Order [non-document] granting Plaintiff's #23 Motion for Extension of Time to File Response to #20 Motion to dismiss for failure to state a claim or, alternatively, to drop Defendant. Response due on or before January 31, 2018. Approved by Judge Dan Aaron Polster on 12/21/2017.(K,K)
|
| Filing 22 Joint Motion to Reschedule Mediation Conference filed by First Bankers Trust Services, Inc., Robin Industries Employee Stock Ownership Plan. Related document(s) #21 . (Golumbic, Lars) |
|
Order [non-document] granting Joint Motion to reschedule mediation conference (Related Doc #22 ). The mediation conference currently scheduled for January 10, 2018 is cancelled, and rescheduled for January 5, 2018 at 10:00 a.m. Confidential mediation statements are due by close of business on Friday, December 29, 2017. All other provisions of the Order Setting Mediation Conference (Doc. No. #21 ) remain the same. Approved by Magistrate Judge Jonathan D. Greenberg on 12/14/2017.(S,SR)
|
|
Filing 21
Order Setting Mediation Conference for 1/10/2018 at 10:00 a.m. in Chambers 10B before Magistrate Judge Jonathan D. Greenberg. Confidential Mediation Statements due 1/3/2018. All parties and their lead counsel are ordered to appear at that time. Parties with ultimate settlement authority must be personally present. Signed by Magistrate Judge Jonathan D. Greenberg on 12/13/2017. (S,S)
|
| Filing 20 Motion to dismiss for failure to state a claim or, alternatively, to drop Defendant and memorandum in support filed by Defendant First Bankers Trust Services, Inc.. (Golumbic, Lars) Modified text on 12/7/2017 (M, S). |
|
Order [non-document] referring case to Magistrate Judge Jonathan D. Greenberg for Mediation/Settlement Conference. Entered on behalf of Judge Dan Aaron Polster on 12/1/2017. (K,K) Modified text; notice regenerated 12/4/2017 (K,K).
|
| Minutes of proceedings [non-document] Scheduled teleconference held on 12/1/2017. Attending for Plaintiff were Attorneys Stitt and Lewis; attending for Defendants Robin Industries ESOP and First Bank Trust Services, Inc. were Attorneys Downes and Golumbic, attending for the Individual Defendants were Attorneys Calabrese and Francis. After reporting the status of their negotiations, counsel suggested that the Court refer the case to Magistrate Judge Jonathan Greenberg for mediation in January 2018, and the Court agreed to do so. In the meantime, counsel agreed to continue trying to resolve the case themselves. In order for the parties to focus on resolving the case, the Court extended the deadline for filing an answer to January 31, 2018. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Filing 19 Returned Mail addressed to Attorneys Colin M. Downes and Lars C. Golumbic. Undeliverable as Addressed, Unable to Forward. Non-document orders of 11/6/17 (H,SP) Modified text on 11/28/2017 (M, S). |
|
Filing 18
Protective Order regarding confidential documents. Related document #17 . Signed by Judge Dan Aaron Polster on 11/17/2017. (K,K)
|
| Filing 17 Joint Motion for protective order filed by First Bankers Trust Services, Inc., Robin Industries Employee Stock Ownership Plan. (Attachments: #1 Proposed Order)(Golumbic, Lars) |
| Filing 16 Attorney Appearance by Lars C. Golumbic and Colin Downes filed by on behalf of First Bankers Trust Services, Inc.. (Golumbic, Lars) |
| Minutes of proceedings [non-document]. The Court held a teleconference on 11/13/17 to determine the status of the parties' informal settlement discussions. Attending for Plaintiff were Attorneys John Q. Lewis, Ann M. Caresani and Scott J. Stitt; attending for Defendants Robin Industries Employee Stock Ownership Plan and First Bankers Trust Services, Inc. were Attorneys Colin M. Downes and Lars C. Golumbic; attending for all other Defendants were Attorneys J. Philip Calabrese and Tracy A.S. Francis. As a result of discussions, counsel agreed to exchange their stock valuations and supporting data, with a copy to the Court, no later than 4:00 p.m. on Friday, November 17, 2017. After reviewing this information and conferring with opposing counsel, the Court will hold a followup call-in teleconference beginning at 3:30 p.m. on Friday, December 1, 2017. Counsel shall use the same call-in instructions used for today's teleconference. (Court Reporter: n/a.) Time: 15 minutes. (W,CM) |
| Notice [non-document] of Telephone Conference set for 11/13/2017 at 11:45 AM* before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K) |
|
Order [non-document] granting Defendant's #15 Motion for Extension of Time to Answer. Robin Industries Employee Stock Ownership Plan answer due 12/6/2017. Approved by Judge Dan Aaron Polster on 11/7/2017.(K,K)
|
| Filing 15 Consent Motion for extension of time until 12/6/17 to answer or otherwise respond to Complaint filed by Defendant Robin Industries Employee Stock Ownership Plan. (Downes, Colin) |
| Filing 14 Waiver of Service Returned Executed by Robin Industries, Inc.. First Bankers Trust Services, Inc. waiver sent on 10/7/2017, answer due 12/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
|
Order [non-document] granting Defendants' #13 Motion for Extension of Time to Answer. John J. Elder answer due 12/6/2017; Jason O. Kunes answer due 12/6/2017; Jennifer A. Kunes answer due 12/6/2017; Anita C. Nonneman answer due 12/6/2017; Elaine M. Nonneman answer due 12/6/2017; Lois E. Nonneman answer due 12/6/2017. Approved by Judge Dan Aaron Polster on 11/3/2017.(K,K)
|
| Notice [non-document] of Telephone Conference set for 11/13/2017 at 11:00 AM before Judge Dan Aaron Polster. Call in instructions to be provided separately. (K,K) |
| Filing 13 Unopposed Motion for extension of time until December 6, 2017 to answer , move or otherwise plead filed by John J. Elder, Jason O. Kunes, Jennifer A. Kunes, Anita C. Nonneman, Elaine M. Nonneman, Lois E. Nonneman. (Calabrese, J.) |
| Filing 12 Waiver of Service Returned Executed by Robin Industries, Inc.. Lois E. Nonneman waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 11 Waiver of Service Returned Executed by Robin Industries, Inc.. Anita C. Nonneman waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 10 Waiver of Service Returned Executed by Robin Industries, Inc.. Elaine M. Nonneman waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 9 Waiver of Service Returned Executed by Robin Industries, Inc.. John J. Elder waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 8 Waiver of Service Returned Executed by Robin Industries, Inc.. Jennifer A. Kunes waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 7 Waiver of Service Returned Executed by Robin Industries, Inc.. Jason O. Kunes waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 6 Waiver of Service Returned Executed by Robin Industries, Inc.. Robin Industries Employee Stock Ownership Plan waiver sent on 9/6/2017, answer due 11/6/2017. filed on behalf of Robin Industries, Inc. (Stitt, Scott) |
| Filing 5 Motion for attorney Colin M. Downes to Appear Pro Hac Vice. Filing fee $120, receipt number 14660099548, filed by Defendant Robin Industries Employee Stock Ownership Plan. (Attachments: #1 Certificate of Good Standing)(H,SP) |
| Filing 4 Motion for attorney Lars C. Golumbic to Appear Pro Hac Vice. Filing fee $120, receipt number 14660099549, filed by Defendant Robin Industries Employee Stock Ownership Plan. (Attachments: #1 Certificate of Good Standing)(H,SP) |
|
Order [non-document] granting Motion for appearance pro hac vice by attorney Lars C. Golumbic and Colin M. Downes for Robin Industries Employee Stock Ownership Plan. 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 #4 , #5 ). Approved by Judge Dan Aaron Polster on 11/3/2017.(K,K)
|
| Filing 3 Attorney Appearance by J. Philip Calabrese filed by on behalf of John J. Elder, Jason O. Kunes, Jennifer A. Kunes, Anita C. Nonneman, Elaine M. Nonneman, Lois E. Nonneman. (Calabrese, J.) |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR) |
| Filing 1 Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-8308800.. Filed by Robin Industries, Inc.. (Attachments: #1 Exhibit A - Redemption Agreement, #2 Exhibit B - ESOP Plan Document, #3 Exhibit C - Stock Purchase Agreements, #4 Exhibit D - Seller Notes, #5 Exhibit E - Invalid Amendment, #6 Civil Cover Sheet) (Lewis, John) |
| Judge Dan Aaron Polster assigned to case. (S,SR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,SR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
