McLaurin et al v. Lewis et al
| David McLaurin and Isaac Thompson |
| Joshua M Lewis and Robert P Lewis |
| 1:2019cv01061 |
| May 10, 2019 |
| US District Court for the Northern District of Ohio |
| Patricia A Gaughan |
| Motor Vehicle |
| 23 U.S.C. § 134 |
| Defendant |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 Notice of Service of First Combined Set of Interrogatories and Requests for Production of Documents to Plaintiff David McLaurin and Plaintiff Isaac Thompson filed by Joshua M Lewis. (Morway, Paul) |
| Filing 28 Case Management Order: Case Management Conference was held on 7/1/19. Case is assigned to the standard track. Case is not suitable for Mediation/Settlement Conference at this time. Non-expert discovery shall be completed on or before 12/15/19. Expert reports shall be exchanged on or before 12/15/19 for party with burden of proof & 2/1/20 for Rebuttal and Expert Discovery shall be completed on or before 3/1/20. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 8/15/19. Dispositive Motions shall be filed on or before N/A. Telephonic Status Conference is set for 11/18/19 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court three business days prior to the conference a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 7/1/19. (LC,S) Time: 30 mins. |
| Filing 27 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Joshua M Lewis. (Morway, Paul) |
Filing 26
Case Management Conference Scheduling Order with case management conference set on 7/1/2019 at 9:15 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by on Judge Patricia A. Gaughan on 6/04/19. (D,Ma)
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Order [non-document] Granting Plaintiffs' Motion for Admission Pro Hac Vice of attorney Laura L. McGarragan. 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Patricia A. Gaughan on 5/22/19. (Related Doc #25 )(LC,S)
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| Filing 25 Motion for attorney Laura L. McGarragan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9319968, filed by David McLaurin, Isaac Thompson. (Attachments: #1 Affidavit of Laura McGarragan)(Bales, Stephen) |
| Filing 24 Answer to #4 Amended complaint filed by Joshua M Lewis. (Morway, Paul) |
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Order [non-document]: Motion of Defendant Joshua Lewis for Leave to Plead for an additional 14 days is Granted. Judge Patricia A. Gaughan on 5/14/19. (LC,S) re #22 Modified on 5/14/2019 (LC,S).
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| Filing 23 Attorney Appearance by Christopher J. Ankuda filed by on behalf of Joshua M Lewis. (Ankuda, Christopher) |
| Filing 22 Motion for extension of time until May 27, 2019 to answer Plaintiffs' Complaint filed by Defendant Joshua M Lewis. (Morway, Paul) |
| Filing 21 Magistrate Consent Form issued. (M,L) |
| Filing 20 CASE TRANSFERRED IN from District of Illinois Northern. Case number 3:18-cv-50398. Electronic file, transfer order and docket sheet received. |
| Filing 19 TRANSFERRED to the Northern District of Ohio, Eastern Division the electronic record. (jp, ) [Transferred from ilnd on 5/10/2019.] |
| Judge Patricia A. Gaughan assigned to case. (M,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (M,L) |
| Notice to Attorney Laura Lynn McGarragan. 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. (P,WL) |
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Filing 18
ORDER: Plaintiffs unopposed motion for change of venue #13 is granted. The clerk is directed to transfer this case to the United States District Court for the Northern District of Ohio, Eastern Division. Defendants motion to dismiss #8 is denied as moot. This case is closed. Signed by the Honorable Frederick J. Kapala on 4/26/2019:mailed notice(pg, ) [Transferred from ilnd on 5/10/2019.]
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| Filing 17 RESPONSE by Joshua M Lewis to MOTION by Plaintiffs David McLaurin, Isaac Thompson to change venue #13 (Morway, Paul) [Transferred from ilnd on 5/10/2019.] |
| Filing 16 MINUTE entry before the Honorable Iain D. Johnston: On the plaintiffs' motion to transfer venue #13 , the defendant shall respond by 3/7/2019 and the plaintiffs shall reply by 3/18/2019. Presentment of the motion set for 2/28/2019 is stricken. (yxp, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 15 RESPONSE by David McLaurin, Isaac Thompson to MOTION by Defendant Joshua M Lewis to dismiss for lack of jurisdiction #8 (Attachments: #1 Certificate of Service)(McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
| Filing 14 NOTICE of Motion by Laura Lynn McGarragan for presentment of motion to change venue #13 before Honorable Iain D. Johnston on 2/28/2019 at 10:00 AM. (McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
| Filing 13 MOTION by Plaintiffs David McLaurin, Isaac Thompson to change venue (Attachments: #1 Text of Proposed Order)(McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
| Filing 12 MINUTE entry before the Honorable Iain D. Johnston: Status report #11 received and reviewed. The plaintiffs' motion to transfer venue is due on 2/21/2019, the same day as their response to the motion to dismiss #8 . Mailed notice (jk, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 11 STATUS Report on Service of Process by David McLaurin, Isaac Thompson (Attachments: #1 Certificate of Service)(McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
| Filing 10 MINUTE entry before the Honorable Iain D. Johnston: On 2/1/2019 the Court directed the plaintiff to file a report on the status of serving defendant Robert Lewis by 2/7/2019. To date, nothing has been filed. The written report on the status of serving defendant Robert Lewis is now due 2/12/2019. Mailed notice (jp, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 9 MINUTE entry before the Honorable Iain D. Johnston: Attorney Paul Morway's motion for leave to appear pro hac vice #6 is granted. On defendant Joshua Lewis' motion to dismiss #8 , the plaintiffs shall respond by 2/21/2019 and the defendant shall reply by 3/7/2019. The initial status hearing set for 2/5/2019 is stricken and will be reset if needed after the ruling on the motion to dismiss. By 2/7/2019 the plaintiffs shall file a report on the status of serving defendant Robert Lewis. (yxp, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 8 MOTION by Defendant Joshua M Lewis to dismiss for lack of jurisdiction (Morway, Paul) [Transferred from ilnd on 5/10/2019.] |
| Filing 7 ATTORNEY Appearance for Defendant Joshua M Lewis by Paul Robert Morway Notice of Designation of Local Counsel (Morway, Paul) [Transferred from ilnd on 5/10/2019.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15432040. (Morway, Paul) [Transferred from ilnd on 5/10/2019.] |
| Filing 5 MINUTE entry before the Honorable Iain D. Johnston: Initial status hearing set for 2/5/2019 at 9:00 AM. The parties shall jointly complete the PDF fillable initial status report form found on the Court's webpage under Initial Status Conferences and Reports and file by 1/30/2019. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. Plaintiff is directed to notify any party filing an appearance to the entry of this order. (yxp, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 4 AMENDED complaint by David McLaurin, Isaac Thompson against All Defendants (McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
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Filing 3
ORDER: Plaintiffs have filed a lawsuit in this court attempting to invoke this courts diversity of citizenship jurisdiction, 28 U.S.C. 1332, but have failed to do so. The complaint lacks allegations of plaintiffs and defendants citizenship. See Caterpillar v. Lewis, 519 U.S. 61, 68 (1996) (holding that the citizenship of each plaintiff must be diverse from the citizenship of each defendant). Plaintiffs are given leave to file an amended complaint with sufficient allegations of this courts subject matter jurisdiction within 14 days or this case may be dismissed with prejudice. Signed by the Honorable Frederick J. Kapala on 12/17/2018:mailed notice(pg, ) [Transferred from ilnd on 5/10/2019.]
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| Filing 2 ATTORNEY Appearance for Plaintiffs David McLaurin, Isaac Thompson by Laura Lynn McGarragan (Attachments: #1 Civil Cover Sheet)(McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
| CASE ASSIGNED to the Honorable Frederick J. Kapala and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. Case assignment: Random assignment. (pg, ) [Transferred from ilnd on 5/10/2019.] |
| Filing 1 COMPLAINT filed by David McLaurin, Isaac Thompson; Filing fee $ 400, receipt number 0752-15266455.(McGarragan, Laura) [Transferred from ilnd on 5/10/2019.] |
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