John Simonich v. Onshift, Inc
| John Simonich |
| Onshift, Inc |
| 1:2017cv02394 |
| November 15, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Other Statutory Actions |
| 47 U.S.C. § 227 Violation of the Telephone Consumer Protection Act/Junk Fax Prevention Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2018. A more recent docket listing may be available from PACER.
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Filing 42
Stipulation and Order of Case Dismissal, with prejudice as to Plaintiff John Simonich individually and as the class representative, and without prejudice as to any potential class members. Plaintiff and Defendant to bear their own fees and costs. Related document #41 . Signed by Judge Solomon Oliver, Jr. on 10/31/2018. (R,Sh) Modified text on 10/31/2018 (R,Sh).
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| Filing 41 Stipulation of Dismissal filed by John Simonich. (Boyle, Michael) |
| Notice [non-document] that the Telephonic Status Conference set for 4:00PM 10/17/2018 is canceled as the parties have indicated this matter has settled. The parties anticipate filing a stipulation of dismissal within two weeks. (R,Sh) |
| IMPORTANT: Notice [non-document] of Telephonic Status Conference set for 10/17/2018 at 04:00 PM before Judge Solomon Oliver Jr. The court has sent the call in instruction via separate e-mail. (R,Sh) |
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Filing 40
Stipulated Protective Order regarding confidential documents (related doc #39 ). Signed by Judge Solomon Oliver, Jr., on 5/15/2018. (R,Sh)
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| Filing 39 Stipulated Protective Order (Proposed) filed by Onshift, Inc. (Crocker, Julie) Modified on 5/15/2018 (R,Sh). |
| Filing 38 Initial Disclosures of Plaintiff filed by John Simonich. (Boyle, Michael) |
| Filing 37 Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure filed by Onshift, Inc. (Crocker, Julie) |
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Filing 36
Minute Order of Case Management Conference held on 1/25/2018. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 5/25/2018 Parties will exchange pre-discovery disclosures by 2/2/2018. Signed by Judge Solomon Oliver, Jr. on 1/25/2018. Time: 1 hour(R,Sh)
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| Filing 35 Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(f) and L.R. 16.3(b) - filed by Onshift, Inc. (Crocker, Julie) |
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Order [non-document] granting Plaintiff's Motion to appear telephonically at the Case Management Conference. (Related Doc #34 ) All parties shall be available by telephone. Counsel shall appear in person. Judge Solomon Oliver, Jr. on 1/11/2018.(R,Sh)
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| Filing 34 Motion to allow plaintiff to appear at 1/25/2018 case management conference by telephone filed by Plaintiff John Simonich. Related document(s) #33 . (Boyle, Michael) Modified text 1/16/2018 (C,KA). |
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Filing 33
Case Management Conference Scheduling Order with case management conference to be held on 1/25/2018 at 11:00 AM in Chambers 17A before Judge Solomon Oliver Jr. Local Rule 16.3(b) requires the attendance of both parties and lead counsel. A report of parties planning meeting shall be jointly signed and submitted to the Clerk for filing not less than 3 days before the CMC. Signed by Judge Solomon Oliver, Jr. on 12/27/2017. (R,Sh)
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Order [non-document] granting Defendant's Attorneys' Motion to withdraw, attorney Joseph A Escarez and Daniel Rick Sable removed from case. (Related Doc #32 ). Approved by Judge Solomon Oliver, Jr. on 12/18/2017.(R,Sh)
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| Filing 32 Motion to withdraw as attorney (Daniel R. Sable and Joseph A. Escarez) filed by Defendant Onshift, Inc. (Doyle, William) |
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Order [non-document] granting Plaintiff's Counsel's Motion to withdraw as attorney, Afshin Siman removed from case. (Related Doc #30 ). Approved by Judge Solomon Oliver, Jr. on 12/14/2017. (R,Sh)
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| Filing 31 FILING ERROR. Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: #30 Motion by Afshin Siman to withdraw as attorney filed by John Simonich (W,CM) Modified on 12/12/2017. Attorney is not admitted to practice in this court. (G,CA). |
| Filing 30 Motion by Afshin Siman to withdraw as attorney filed by Plaintiff John Simonich. (Attachments: #1 Proposed Order)(W,CM) |
| Filing 29 Supplement to #27 Motion for attorney Blake J. Dugger to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660100281, filed by John Simonich. (Attachments: #1 Certificate of Good Standing of Blake Dugger)(Boyle, Michael) |
| Filing 28 Answer to Complaint with Jury Demand and Defenses to Class Action Complaint filed by Onshift, Inc (related doc #1 ). (Crocker, Julie) |
| Copy of Order on Motion to appear pro hac vice, mailed to Blake J. Dugger on 12/5/2017. (R,Sh) |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by Blake J. Dugger. 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 #27 ). Approved by Judge Solomon Oliver, Jr. on 12/5/2017.(R,Sh)
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| Filing 27 Motion for attorney Blake J. Dugger to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660100281, filed by Plaintiff John Simonich. (Attachments: #1 Certificate of Good Standing over 30 days old)(W,Jo) Modified exhibit text on 12/4/2017 (G,CA). |
| Filing 26 Attorney Appearance by Matthew R. Wilson filed by on behalf of John Simonich. (Wilson, Matthew) |
| Filing 25 Attorney Appearance by Michael J. Boyle, Jr filed by on behalf of John Simonich. (Boyle, Michael) Counsel notified regarding correct case number. Modified text regarding case number 11/30/2017 (C,KA). |
| Notice to Attorney Joseph A. Escarez. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Daniel Rick Sable. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Afshin Siman. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Blake J. Dugger. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Filing 24 Magistrate Consent Form issued. (M,L) |
| Filing 23 CASE TRANSFERRED IN from District of California Central. Case number 2:17-cv-06067. Electronic file, transfer order and docket sheet received. |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (M,L) |
| Judge Solomon Oliver, Jr assigned to case. (M,L) |
| DISREGARD, Corporate Disclosure statement filed 10/18/2017. See doc #18 . Notice by Clerk: Pursuant to Local Rule 3.13(b), Onshift, Inc. is reminded of their requirement to file a Corporate Disclosure Statement. (M,L) Modified text 11/21/2017 (C,KA). |
| Filing 21 Joint STIPULATION to Transfer Case to The United States District Court for the Northern District of Ohio filed by plaintiff John Simonich. (Attachments: #1 Proposed Order)(Dugger, Blake) [Transferred from cacd on 11/15/2017.] |
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Filing 20
ORDER TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS by Judge Percy Anderson, re Stipulation for Extension of Time to File Response/Reply, #19 . (Responses due by 11/13/2017, Replies due by 11/20/2017. Motion reset for hearing on 12/4/2017 at 01:30 PM before Judge Percy Anderson.) (mrgo) [Transferred from cacd on 11/15/2017.]
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| Filing 19 Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or Improper Venue, Or, In The Alternative, For The Transfer Of This Case #17 filed by plaintiff John Simonich. (Attachments: #1 Declaration Declaration of Blake J. Dugger, #2 Proposed Order Text of Proposed Order)(Dugger, Blake) [Transferred from cacd on 11/15/2017.] |
| Filing 18 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Onshift, Inc identifying None as Corporate Parent. (Escarez, Joseph) [Transferred from cacd on 11/15/2017.] |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or Improper Venue, Or, In The Alternative, For The Transfer Of This Case filed by Defendant Onshift, Inc. Motion set for hearing on 11/20/2017 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Declaration of Mark Woodka, #3 Proposed Order) (Escarez, Joseph) [Transferred from cacd on 11/15/2017.] |
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Filing 16
ORDER GRANTING SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #15 by Judge Percy Anderson: OnShift shall respond to Plaintiff's Complaint on or before October 18, 2017. Please refer to the Court's order for additional information. (cr) [Transferred from cacd on 11/15/2017.]
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| Filing 15 Second STIPULATION for Extension of Time to File Answer to October 18, 2017 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Onshift, Inc. (Attachments: #1 Declaration of Joseph A. Escarez, #2 Proposed Order)(Escarez, Joseph) [Transferred from cacd on 11/15/2017.] |
| Filing 14 Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format ("PDF"), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY [Transferred from cacd on 11/15/2017.] |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to Onshift, Inc answer now due 10/13/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Onshift, Inc.(Attorney Joseph A Escarez added to party Onshift, Inc(pty:dft))(Escarez, Joseph) [Transferred from cacd on 11/15/2017.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff John Simonich, upon Defendant Onshift, Inc served on 8/23/2017, answer due 9/13/2017. Service of the Summons and Complaint were executed upon Michelle Black, designee in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Dugger, Blake) [Transferred from cacd on 11/15/2017.] |
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Filing 11
ORDER by Judge Percy Anderson: granting #10 Non-Resident Attorney Blake J. Dugger APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff John Simonich, designating Afshin Siman as local counsel. (mrgo) [Transferred from cacd on 11/15/2017.]
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| Filing 10 Second APPLICATION of Non-Resident Attorney Blake J. Dugger to Appear Pro Hac Vice on behalf of Plaintiff John Simonich (Pro Hac Vice Fee - $325.00 Previously Paid on 8/17/2017, Receipt No. 0973-20366034) filed by Plaintiff John Simonich. (Attachments: #1 Proposed Order) (Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
| Filing 9 First APPLICATION of Non-Resident Attorney Blake J. Dugger to Appear Pro Hac Vice on behalf of Plaintiff John Simonich (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20366034) filed by Plaintiff John Simonich. (Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
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Filing 8
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Please refer to the Court's order for additional information. (cr) [Transferred from cacd on 11/15/2017.]
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Onshift, Inc. (esa) [Transferred from cacd on 11/15/2017.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from cacd on 11/15/2017.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alka Sagar. (esa) [Transferred from cacd on 11/15/2017.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff John Simonich, (Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff John Simonich. (Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff John Simonich. (Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
| Filing 1 COMPLAINT Receipt No: 0973-20356409 - Fee: $400, filed by Plaintiff John Simonich. (Attorney Afshin Siman added to party John Simonich(pty:pla))(Siman, Afshin) [Transferred from cacd on 11/15/2017.] |
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