International Medical Education Group, LLC v. Furst
International Medical Education Group, LLC |
Lucas Evan Furst and John Nekic |
1:2019cv02694 |
November 15, 2019 |
US District Court for the Northern District of Ohio |
James S Gwin |
Negotiable Instrument |
28 U.S.C. § 1332 Diversity-(Citizenship) |
None |
Docket Report
This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.
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Filing 66 Order signed by Judge James S. Gwin on 1/11/2021 approving stipulated dismissal with prejudice. The Court retains jurisdiction to enforce terms of settlement. (S,KM) |
Filing 65 Proposed Stipulation Of Dismissal With Prejudice And Stipulation To Retain Jurisdiction To Enforce Settlement Agreement filed by International Medical Education Group, LLC. (Hicks, Todd) |
Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Mediation Conference held on 11/18/2020. John Nekic attended with counsel Todd C. Hicks; Lucas Furst attended with counsel Chad F. Clement and Robert W. McIntyre. After extensive negotiations, the parties reached a resolution of all matters in dispute. The parties shall execute a final settlement agreement within 14 days of this entry. Thereafter, the parties shall have 30 days to submit a final dismissal entry. The court retains jurisdiction to enforce the terms of the settlement agreement. (Court Reporter: N/A. Time: 6 hours, 50 minutes). (D,JJ) |
Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 11/17/2020. Attorney Todd C. Hicks attended on behalf of International Medical Education Group, LLC and John Nekic, etc; Attorneys Chad F. Clement, Collin M. Jayne and Robert W. McIntyre attended on behalf of Lucas Furst. The court and parties discussed in detail issues in order to prepare for the upcoming Mediation Conference set for November 18, 2020 at 10:00 a.m. via Zoom video conference. (Court Reporter: N/A.) (D,JJ) |
IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for International Medical Education Group, LLC and John Nekic, etc. set for 11/17/2020 at 02:30 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for Lucas Furst set for 11/17/2020 at 03:15 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel of record separately. (D,JJ) |
Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Pre-Mediation Status Conference held on 11/13/2020. Attorney Todd C. Hicks attended on behalf of International Medical Education Group, LLC and John Nekic, etc; Attorneys Collin M. Jayne and Robert W. McIntyre attended on behalf of Lucas Furst. The court and parties discussed in detail issues in order to prepare for the upcoming Mediation Conference set for November 18, 2020 at 10:00 a.m. via Zoom video conference. (Court Reporter: N/A. Time: 50 minutes). (D,JJ) |
Order [non-document] entered by Judge James S. Gwin on 11/4/2020 granting #64 Motion to Extend Deadlines. Pretrial Conference reset for 3/30/2021 at 10:00 AM in Chambers 18A before Judge James S. Gwin. Discovery due by 3/5/2021. Jury Trial assigned on a two week standby basis starting on 4/5/2021 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM) |
Filing 64 Joint Motion to amend Trial Order filed by Defendant Lucas Evan Furst. Related document(s) #59 , #21 . (Clement, Chad) |
Minute Order [non-document] of Status Conference held on 10/2/2020 before Magistrate Judge Thomas M. Parker. Attorney Todd C. Hicks attended on behalf of International Medical Education Group, LLC and John Nekic, etc; Attorneys Chad F. Clement, Collin M. Jayne and Robert W. McIntyre attended on behalf of Lucas Furst. The court and parties discussed in detail issues that need to be addressed in order to make the case ready for a productive settlement conference. The court will reschedule mediation to occur on November 18, 2020 at 10:00 a.m. via Zoom video conference. A pre-mediation conference among the court and counsel shall be conducted on November 13, 2020 at 2:30 p.m. via Zoom video conference. All times are Eastern Standard Time. (Instructions for accessing the video hearings will be emailed to all counsel of record). The parties may provide updates via email to their previously submitted mediation positions on or before November 11, 2020. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 10/2/2020. (Court Reporter: N/A; Time: 50 minutes). (D,JJ) |
Minute Order [non-document] of proceedings held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 9/29/2020. Attorney Todd C. Hicks attended on behalf of International Medical Education Group, LLC and John Nekic, etc; Attorneys Chad F. Clement, Collin M. Jayne and Robert W. McIntyre attended on behalf of Lucas Furst. After conferring with counsel and review of the parties' mediation statements, the court concludes that additional work must be done in order to make the case ready for effective negotiations. The court therefore CANCELS the mediation set for October 2, 2020 at 11:00 AM and hereby schedules a status conference to be conducted on October 2, 2020 at 10:30 AM by Zoom video in which lead counsel for the parties must participate. The purpose of the status conference will be to discuss the discrete issues that must be examined in order to further prepare the case for mediation. The court finds that the parties have been diligent in conducting discovery to date. Prior to the status conference, the parties shall promptly exchange lists of information and/or questions to which answers are needed; copies of said lists shall also be emailed to the court's chambers email address (Parker_Chambers@ohnd.uscourts.gov). The court encourages counsel to continue their informal exchange of information prior to the status conference. A new mediation date will be scheduled during the status conference. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 9/29/2020. (D,JJ) |
Order [non-document]: The parties' joint motion to extend the time to submit mediation memoranda to September 28, 2020 (ECF Doc. #63 ) is GRANTED. Magistrate Judge Thomas M. Parker on 9/28/2020. (D,JJ) |
Filing 63 Joint Motion regarding deadline for mediation memoranda until September 28, 2020 filed by Defendant Lucas Evan Furst. Related document(s) #58 . (Attachments: #1 Exhibit Declaration of Collin M. Jayne, Esq.)(Clement, Chad) |
Filing 62 Notice of Intent to Issue Subpoena for Documents filed by International Medical Education Group, LLC. (Attachments: #1 Exhibit Subpoena Issued to Simpson)(Hicks, Todd) |
Filing 61 Notice of Intent to Issue Subpoena for Documents filed by International Medical Education Group, LLC. (Attachments: #1 Exhibit Subpoena issued to JP Morgan Chase)(Hicks, Todd) |
Filing 60 Order signed by Judge James S. Gwin on 9/3/2020 granting Motion to vacate (Related Doc #12 )(S,KM) |
Filing 59 Joint Motion for extension of deadline for All Discovery until December 30, 2020, Pretrial Conference until January 26, 2021, and Trail Standby Period until February 1, 2021, filed by Defendant Lucas Evan Furst. Related document(s) #21 . (Clement, Chad) |
IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for PLAINTIFF set for 9/29/2020 at 01:00 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for DEFENDANT set for 9/29/2020 at 02:00 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Related document(s) #58 . (D,JJ) |
Filing 58 Order Setting Mediation Conference: Mediation conference to be held on 10/2/2020 at 11:00 AM by video conference (Cleveland) before Magistrate Judge Thomas M. Parker. Instructions for participating via video conference will be emailed to the parties separately. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 8/21/2020. (D,JJ) |
Filing 57 Notice of Intent to Issue Subpoena for Documents filed by International Medical Education Group, LLC. (Hicks, Todd) |
Filing 56 Order signed by Judge James S. Gwin on 8/11/2020 referring case to Magistrate Judge Thomas M. Parker for mediation/settlement. (S,KM) |
Filing 55 Minutes of Status Conference before Judge James S. Gwin on 8/11/2020 (Court Reporter: None;Time: 15 minutes) (S,KM) |
Filing 54 Reply in support of #46 Motion for partial summary judgment filed by Lucas Evan Furst. (Clement, Chad) |
IMPORTANT: Notice [non-document] of Status Conference set for 8/11/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. Note as to change in time and location. Conference information to be provided by email. (S,KM) |
Filing 53 Reply Brief in Support of Motion for Leave to Identify Expert Witness filed by International Medical Education Group, LLC. (Hicks, Todd) |
Order [non-document] entered by Judge James S. Gwin on 8/3/2020 granting #51 Motion for Extension of Time to File Reply until 8/7/2020. (S,KM) |
Filing 52 Opposition to #49 Motion for leave to Identify Expert Witness filed by Lucas Evan Furst. (Jayne, Collin) |
Filing 51 Unopposed Motion for extension of time until 08/07/2020 to file reply in support of #46 Motion for partial summary judgment filed by Defendant Lucas Evan Furst. Related document(s) #46 . (Jayne, Collin) |
Filing 50 Brief in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by International Medical Education Group, LLC. (Attachments: #1 Exhibit A - Affidavit of Nekic) (Hicks, Todd) |
Filing 49 Motion for leave to Identify Expert Witness filed by Plaintiff International Medical Education Group, LLC. (Hicks, Todd) |
Order [non-document] entered by Judge James S. Gwin on 7/8/2020 granting #48 Motion for Extension of Time to File Response/Reply until 7/24/2020. (S,KM) |
Filing 48 Unopposed Motion for extension of time until 7/24/2020 to respond to #46 Motion for partial summary judgment filed by Plaintiff International Medical Education Group, LLC. Related document(s) #46 . (Hicks, Todd) |
Filing 47 Notice of Intent to Issue Subpoena for Documents filed by International Medical Education Group, LLC. (Hicks, Todd) |
Filing 46 Motion for partial summary judgment filed by Defendant Lucas Evan Furst. (Attachments: #1 Exhibit 1-State of Nevada documents #2 Exhibit 2-Declaration of Lucas Evan Fuerst #3 Exhibit 3-Emails #4 Exhibit 4-Emails #5 Exhibit 5-Dissolution of LLC #6 Exhibit 6-Agreement #7 Exhibit 7- Promissory Note(Clement, Chad) |
Filing 45 Letter withdrawing request to intervene filed by International Medical Education Group, LLC. Related document(s) #40 . (Hicks, Todd) |
Filing 44 Order approving joint stipulated order that Case Bank comply with all subpoenas, except the subpoenas seeking personal financial records of John Nekic and Keri Nekic. Related Doc. #43 . Magistrate Judge Thomas M. Parker on 6/18/2020. (D,JJ) |
Filing 43 Joint Stipulated Order filed by Lucas Evan Furst. (Clement, Chad) |
Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Telephone conference held on 6/17/2020. Attorney Chad Clement participated on behalf of lead-case defendant Lucas Furst, and Attorney Todd C. Hicks (joined by Law Clerk Ashley Kirk) appeared on behalf of lead-case plaintiffs International Medical Education Group, LLC and John Nekic. During the conference call, the parties indicated that they have made good progress toward resolving their discovery disputes including an agreement to allow Furst's subpoena seeking IMEG's financial records to proceed and to continue the stay of the subpoenas seeking John and Keri Nekic's financial records. In light of the parties progress, the plaintiffs' motion to quash will be withdrawn and the parties' request for court intervention will be withdrawn. Parties shall submit a joint stipulated order reflecting the above and lifting the stay of compliance regarding the IMEG subpoena. (Court Reporter: N/A. Time: 20 minutes). (D,JJ) |
Filing 42 Letter filed by Lucas Evan Furst. Related document(s) #40 . (Clement, Chad) |
Filing 41 Letter filed by Lucas Evan Furst. (Clement, Chad) |
Filing 40 Letter pursuant to Local Rule 37.1 concerning a discovery dispute filed by International Medical Education Group, LLC. (Attachments: #1 Exhibit Good Faith Attempt to Resolve, #2 Exhibit Discovery Responses)(Hicks, Todd) |
Filing 39 Letter filed by International Medical Education Group, LLC. (Hicks, Todd) |
Filing 38 Order signed by Judge James S. Gwin on 6/10/2020 referring case to Magistrate Judge Thomas M. Parker for discovery dispute. re #36 Motion to quash or Modify Defendant Fursts Nonparty Subpoenas to Chase Bank, or in the Alternative, for a Protective Order filed by International Medical Education Group, LLC. (S,KM) |
Filing 37 Marginal Entry Order signed by Judge James S. Gwin on 6/10/2020. Emergency motion to stay compliance with defendant Furst's non-party subpoenas #35 granted. The Court orders each party to file a position letter, no more than 4 pages, on this discovery dispute by 6/12/2020. (S,KM) |
Order [non-document]: Defendant Furst shall submit a response to Plaintiff's motion to quash on or before June 12, 2020. A telephone conference will be held on 6/17/2020 at 8:30 AM before Magistrate Judge Thomas M. Parker. Call-in instructions shall be e-mailed to the parties. Related Doc. #36 . Magistrate Judge Thomas M. Parker on 6/10/2020. (D,JJ) |
Filing 36 WITHDRAWN per counsel's statements made during 06/17/2020 telephone conference before Magistrate Judge Parker: Motion to quash or Modify Defendant Fursts Nonparty Subpoenas to Chase Bank, or in the Alternative, for a Protective Order filed by Plaintiff International Medical Education Group, LLC. (Hicks, Todd). Modified to withdraw document on 7/23/2020 (D,JJ). |
Filing 35 Emergency Motion to stay Compliance with Defendant Fursts Nonparty Subpoenas to Chase Bank filed by Plaintiff International Medical Education Group, LLC. (Hicks, Todd) |
Filing 34 Proposed Stipulated Protective Order filed by Lucas Evan Furst. (Clement, Chad) |
Filing 33 Reply in support of #29 Motion to dismiss filed by Lucas Evan Furst. (Clement, Chad) |
Order [non-document] entered by Judge James S. Gwin on 4/15/2020 granting Joint Motion to amend the trial order. (Related Doc #32 )Dispositive Motions due by 6/27/2020 with responses due 7/11/2020, and replies due by 57/18/2020. All discovery to be completed by 10/31/2020. Status Conference set for 8/11/2020 at 09:00 AM and Final Pretrial Conference set for 11/24/2020 at 09:00 AM, both to be held in Chambers 18A. Jury Trial is assigned on a two-week standby basis beginning 11/30/2020 at 08:00 AM in Courtroom 18A before Judge James S. Gwin. (S,KM) |
Filing 32 Joint Motion Joint Motion to Amend Trial Order [DOC. 21] filed by Defendant Lucas Evan Furst. Related document(s)(21 in 1:19-cv-02694-JG). Associated Cases: 1:19-cv-02694-JG, 1:20-cv-00153-JG(Clement, Chad) |
Filing 31 Brief in Opposition to Motion to Dismiss filed by International Medical Education Group, LLC. Related Document(s) #29 . (Hicks, Todd) |
Filing 30 Unopposed Motion for extension of time until April 10, 2020 to file response/reply to #29 Motion to dismiss filed by Plaintiff International Medical Education Group, LLC. Related document(s) #29 . (Hicks, Todd) |
Order [non-document] entered by Judge James S. Gwin on 3/26/2020 granting plaintiff's #30 Motion for Extension of Time to File Response/Reply re #29 Motion to dismiss. Reply due 4/10/2020. (S,KM) |
Filing 29 Motion to dismiss filed by Defendant Lucas Evan Furst. (Clement, Chad) |
Order [non-document] entered by Judge James S. Gwin on 3/9/2020 granting defendant's #28 Motion for Extension of Time to file an answer to the counterclaim until 3/13/2020. (S,KM) |
Filing 28 Unopposed Motion for extension of time until 03/13/2020 to Respond to Counterclaim filed by Defendant Lucas Evan Furst. (Clement, Chad) |
Filing 27 Notice of Appearance by Todd Hicks filed on behalf of International Medical Education Group, LLC, John Nekic. Associated Cases: 1:19-cv-02694-JG, 1:20-cv-00153-JG(Todd Hicks) |
Filing 26 Reply Memorandum in Support of #12 Motion to vacate or Relief from Judgment under Federal Rule of Civil Procedure 60(b) filed by Lucas Evan Furst. (Clement, Chad) |
Filing 25 Order signed by Judge James S. Gwin on 1/30/2020 granting Motion to consolidate cases 1:19-cv-02694 and 1:20-cv-00153. All future filings should be made in lead case 1:19-cv-02694. (Related Doc #16 )(S,KM) |
Filing 24 Brief in Opposition to Defendants Motion to Vacate or Relief from Judgment Under Federal Rule of Civil Procedure 60(b) filed by International Medical Education Group, LLC. (Hicks, Todd) |
Filing 23 Attorney Appearance by Katie E. Christman filed by on behalf of International Medical Education Group, LLC. (Christman, Katie) |
Filing 22 Order signed by Judge James S. Gwin on 1/28/2020 that plaintiff shall identify experts by 2/24/2020 and that defendant shall identify experts by 3/2/2020. (S,KM) |
Filing 21 Case Management Conference Plan/Order signed by Judge James S. Gwin on 1/28/2020. Case is assigned to the standard track. Parties to be joined and pleadings amended by 2/10/2020. Dispositive Motions due by 4/27/2020 with responses due 5/11/2020, and replies due by 5/18/2020. All discovery to be completed by 8/31/2020. Status Conference set for 6/16/2020 at 12:00 PM and Final Pretrial Conference set for 9/22/2020 at 12:00 PM, both to be held in Chambers 18A. Jury Trial is assigned on a two-week standby basis beginning 9/28/2020 at 08:00 AM in Courtroom 18A. IMPORTANT:The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix A. Proposed Final Pretrial Order, #2 Appendix B. Exhibit List, #3 Appendix C. Witness List)(S,KM) |
Filing 20 Minutes of Case Management Conference before Judge James S. Gwin on 1/28/2020. (Court Reporter: None;Time: 33 minutes) (S,KM) |
Filing 19 Attorney Appearance by Lindsey Powel Rozek filed by on behalf of Lucas Evan Furst. (Rozek, Lindsey) |
Order [non-document] entered by Judge James S. Gwin on 1/27/2020 granting Motion to withdraw as to attorney R. Eric Smearman. (Related Doc #18 )(S,KM) |
Filing 18 Motion for leave to withdraw as counsel of record for plaintiff by R. Eric Smearman filed by Plaintiff International Medical Education Group, LLC. (Smearman, R.) |
Filing 17 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by International Medical Education Group, LLC. (Hicks, Todd) |
Order [non-document] entered by Judge James S. Gwin on 1/24/2020 granting Defendant's Motion to attend by telephone (Related Doc #13 )(S,KM) |
Filing 16 Motion to consolidate cases filed by Defendant Lucas Evan Furst. (McIntyre, Robert) |
Filing 15 Order signed by Judge James S. Gwin on 1/22/2020. The Court denies Plaintiff's Motion to Remand to State Court for the reasons as set forth in this order. (Related Doc #3 )(S,KM) |
Filing 14 Sur-Reply In Support Of Opposition to Plaintiff's Motion for Remand #11 Motion for leave to File Instanter a Sur-Reply in support of Opposition to Plaintiff's Motion for Remand filed by Lucas Evan Furst. (McIntyre, Robert) |
Filing 13 Motion to attend Case Management Conference by telephone filed by Defendant Lucas Evan Furst. (McIntyre, Robert) |
Order [non-document] entered by Judge James S. Gwin on 1/17/2020 granting Motion for leave to file sur-reply. (Related Doc #11 )(S,KM) |
Filing 12 Motion to vacate or Relief from Judgment under Federal Rule of Civil Procedure 60(b) filed by Defendant Lucas Evan Furst. (McIntyre, Robert) |
Filing 11 Motion for leave to File Instanter a Sur-Reply in support of Opposition to Plaintiff's Motion for Remand filed by Defendant Lucas Evan Furst. (Attachments: #1 Exhibit A, Sur-Reply in Support of Opposition to Plaintiff's Motion for Remand)(McIntyre, Robert) |
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Filing 10 Reply in support of #3 Motion to remand to State Court filed by International Medical Education Group, LLC. (Hicks, Todd) |
Filing 9 Opposition to #3 Motion to remand to State Court filed by Lucas Evan Furst. (McIntyre, Robert) |
Order [non-document] entered by Judge James S. Gwin on 12/20/2019 granting Motion for appearance pro hac vice by attorney Collin M. Jayne. 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. (Related Doc #7 )(S,KM) |
Order [non-document] entered by Judge James S. Gwin on 12/20/2019 granting Motion for appearance pro hac vice by Chad F. Clement. 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. (Related Doc #8 )(S,KM) |
Filing 8 Motion for attorney Chad F. Clement to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660119822, filed by Defendant Lucas Evan Furst. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (J,G) |
Filing 7 Motion for attorney Collin M. Jayne to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660119821, filed by Defendant Lucas Evan Furst. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (J,G) |
Filing 6 Attorney Appearance by Todd C. Hicks Leo Spellacy, Jr. filed by on behalf of International Medical Education Group, LLC. (Hicks, Todd) Modified text on 12/23/2019 (S,SR). |
Filing 5 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 12/10/2019. (S,KM) |
Filing 4 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 12/10/2019 setting a case management conference on 1/28/2020 at 10:00 AM in Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix 1. Parties' Planning Meeting Report, #2 Appendix 2. Local Rule 30.1)(S,KM) |
Filing 3 Motion to remand to State Court filed by Plaintiff International Medical Education Group, LLC. (Smearman, R.) |
Filing 2 Magistrate Consent Form issued. (J,G) |
Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV19923556 Filing fee paid $ 400, receipt number 0647-9631384.. Filed by Lucas Evan Furst. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Answer, #3 Exhibit C, Notice, #4 Exhibit D, Motion to Vacate, #5 Exhibit E, Notice of Appearance, #6 Exhibit F, Notice of Filing of Notice of Removal, #7 Civil Cover Sheet) (McIntyre, Robert) |
Judge James S. Gwin assigned to case. (J,G) |
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. (J,G) |
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