Rogers v. International Hair Institute, LLC, et al.
Plaintiff: Robin Dugger Rogers
Defendant: International Hair Institute, Keranique, LLC and Ulta Beauty, Inc.
Case Number: 1:2020cv01708
Filed: August 3, 2020
Court: US District Court for the Northern District of Ohio
Presiding Judge: Donald C Nugent
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2021 Opinion or Order Filing 32 Order of Dismissal. Counsel in the above captioned case stipulate under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that this action be dismissed with prejudice and the parties have filed a Joint Stipulation of Dismissal (ECF #31 ). Therefore, this action is dismissed with prejudice, each party to bear its own costs. IT IS SO ORDERED. Judge Donald C. Nugent on 4/12/2021. (M,S)
April 6, 2021 Opinion or Order Filing 31 Notice and Stipulation of Voluntary Dismissal with Prejudice filed by Keranique, LLC, Ulta Beauty, Inc. (Dzialo, Kaeanna)
March 22, 2021 Opinion or Order Filing 30 Notice of Plaintiffs Noncompliance with Courts Fee Award to Defendants in Connection with Plaintiffs Motions for Reinstatement filed by Keranique, LLC, Ulta Beauty, Inc.. Related document(s) #26 .(Dzialo, Kaeanna)
March 22, 2021 Opinion or Order Filing 29 Notice of Supplemental Authority to Motion to dismiss for failure to state a claim, Motion to dismiss for failure to state a claim filed by Keranique, LLC, Ulta Beauty, Inc.. Related document(s) #16 , #13 . (Attachments: #1 Exhibit A: WL 7864585, #2 Exhibit B: WL 7864213, #3 Exhibit C: Lett, #4 Exhibit D: Castle) (Dzialo, Kaeanna)
February 8, 2021 Opinion or Order Filing 28 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 2/8/2021 with all counsel participating. Plaintiff counsel's firm is going through much controversy in Michigan and Plaintiff counsel's partner is going through a recurrence of lung cancer treatment. Plaintiff granted leave to respond to pending motions to 4/1/2021; reply, if any, due by 4/15/2021. IMPORTANT: Status Conference set for 4/22/2021 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 20 minutes. (M,S)
February 8, 2021 Opinion or Order Utility Event set/reset motion deadlines as to Motion to dismiss for failure to state a claim , Motion to dismiss for failure to state a claim . Responses due by 4/1/2021; Replies due by 4/15/2021, Related document(s) #13 , #16 . (M,S)
February 4, 2021 Opinion or Order Filing 27 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Keranique, LLC, Ulta Beauty, Inc. (Cosgrove, Paul)
February 3, 2021 Opinion or Order IMPORTANT: Notice [non-document] of rescheduled Status Conference. Status Conference re-set for 2/8/2021 at 09:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Please note this is a *TIME CHANGE* only. (M,S)
January 27, 2021 Opinion or Order Filing 26 Memorandum Opinion and Order. Plaintiff's motions to reinstate this action (ECF #23 and #24 ) are granted with the provision that Plaintiff will pay Defendants' costs incurred in responding to these motions. The dismissal order (ECF #22 ) is withdrawn and this case is re-opened. IT SO SO ORDERED. IMPORTANT: Status Conference set for 2/8/2021 at 09:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 1/27/2021. (M,S)
January 25, 2021 Opinion or Order Filing 25 Response to #23 Motion to set aside the dismissal without prejudice and reinstate the case, #24 Motion to reopen case filed by Keranique, LLC, Ulta Beauty, Inc.. (Attachments: #1 Declaration of Kaeanna W. Dzialo, #2 Exhibit A-Email from K. Dzialo to G. Rohl initiating Rule 26(f) meeting, #3 Exhibit B-Text from K. Dzialo to G. Rohl re CMC on 12-18-20, #4 Exhibit C-Email from K. Dzialo to G. Rohl re CMC on 12-18-20)(Cosgrove, Paul)
January 25, 2021 Opinion or Order Filing 24 Motion to set aside the dismissal without prejudice and reinstate the case, filed by Plaintiff Robin Dugger Rogers. (Attachments: #1 Exhibit A - Email Dated 11/18/2021)(Rohl, Gregory)
January 11, 2021 Opinion or Order Filing 23 Motion to set aside the dismissal without prejudice and reinstate the case, filed by Plaintiff Robin Dugger Rogers. (Attachments: #1 Exhibit A - Emails)(Rohl, Gregory)
December 18, 2020 Opinion or Order Filing 22 WITHDRAWN per Order #26 . Dismissal Order. Plaintiff failed to prosecute by failing to attend the case management conference and later the status conference, despite having been warned that such failure could result in dismissal of the action. Therefore, Defendants' oral motion to dismiss is GRANTED. This case is hereby dismissed, without prejudice. All costs to be born by Plaintiff. IT IS SO ORDERED. Judge Donald C. Nugent on 12/18/2020. re #1 . (M,S) Modified text on 1/27/2021 (M,S).
December 18, 2020 Opinion or Order Filing 21 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 12/18/2020 and only counsel for Defendant participating. No one appeared on behalf of Plaintiff although notified of date and time of this status conference. Prior case management conference was held on 11/18/2020 and no one appeared on behalf of Plaintiff at case management conference although notified of date and time. On that date, the Court indicated that failure to appear at this status may result in dismissal for failure to prosecute. Therefore, case dismissed pursuant to F.R.Civ.P. 41(b) without prejudice with all costs to Plaintiff. (Court Reporter: None.) Time: 10 minutes. (M,S)
December 15, 2020 Opinion or Order Filing 20 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Keranique, LLC. (Cosgrove, Paul)
December 14, 2020 Opinion or Order Filing 19 Corporate Disclosure Statement identifying Corporate Parent Ulta Beauty, Inc. for Ulta Salon, Cosmetics and Fragrance, Inc. filed by Ulta Beauty, Inc. (Cosgrove, Paul)
December 14, 2020 Opinion or Order Filing 18 Marginal Entry Order granting Plaintiff's #17 Motion for 21-day Extension of Time to File Response re #13 Motion to dismiss for failure to state a claim, #16 Motion to dismiss for failure to state a claim. Judge Donald C. Nugent on 12/14/2020. (M,S)
December 8, 2020 Opinion or Order Filing 17 First Request for Extension by at least 21 days to Answer Defendant's Motions to Dismiss filed by All Plaintiffs. Related document(s) #13 , #16 .(Rohl, Gregory) Wrong event used, modified on 12/10/2020 (W,CM).
November 30, 2020 Opinion or Order Filing 16 Motion to dismiss for failure to state a claim with memorandum in support filed by Defendant Ulta Beauty, Inc.. (Related document(s) #13 , #1 ) (Cosgrove, Paul)
November 24, 2020 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Gregory J. Rohl for Robin Dugger Rogers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #15 ). Judge Donald C. Nugent on 11/24/2020. (M,S)
November 20, 2020 Opinion or Order Filing 15 Motion for attorney Gregory J. Rohl to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660127569, filed by Plaintiff Robin Dugger Rogers. (Attachments: #1 Cover Letter)(M,MT)
November 20, 2020 Opinion or Order Filing 14 Corporate Disclosure Statement filed by Keranique, LLC. (Cosgrove, Paul)
November 20, 2020 Opinion or Order Filing 13 Motion to dismiss for failure to state a claim with memorandum in support filed by Defendant Keranique, LLC. Related document(s) #1 . (Attachments: #1 Declaration of Kaeanna W. Dzialo, #2 Exhibit A - Crash Report, #3 Exhibit B - Receipts)(Cosgrove, Paul)
November 18, 2020 Opinion or Order Filing 12 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 11/18/2020 and only counsel for Defendant participating. No one appeared on behalf of Plaintiff although notified of date and time of case management conference. Case is assigned to the expedited track. Status Conference set for 12/18/2020 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. If no one appears on behalf of Plaintiff, case may be dismissed without prejudice for failure to prosecute. (Court Reporter: None.) Time: 10 minutes. (M,S)
November 13, 2020 Opinion or Order Filing 11 Unopposed Motion for extension of time until November 30, 2020 to answer move or otherwise plead filed by Defendant Ulta Beauty, Inc.. Related document(s) #1 . (Cosgrove, Paul)
November 13, 2020 Opinion or Order Order [non-document] granting Defendant's #11 Unopposed Motion for extension of time until November 30, 2020 to answer move or otherwise plead. Judge Donald C. Nugent on 11/13/2020. (M,S)
November 12, 2020 Opinion or Order Notice to Attorney Gregory J. Rohl. 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. (O,K)
November 4, 2020 Opinion or Order Filing 10 Affidavit of Service by personal service executed upon International Hair Institute on 11/2/2020, filed on behalf of Robin Dugger Rogers (Related document(s) #2 ) (Combs, Scott)
November 2, 2020 Opinion or Order Filing 9 Proof of Service by personal service executed upon Keranique, LLC on 10/30/2020, filed on behalf of Robin Dugger Rogers (Related document(s) #2 ) (Combs, Scott)
October 28, 2020 Opinion or Order Filing 8 Proof of Service by certified mail executed upon Ulta Beauty, Inc. on 10/24/2020, filed on behalf of Robin Dugger Rogers (Related document(s) #2 (Combs, Scott)
October 13, 2020 Opinion or Order Filing 7 Order re #6 Consent to Substitution of Attorneys. Attorney Gregory J. Rohl for Robin Dugger Rogers added. Attorney Scott E. Combs terminated. Judge Donald C. Nugent on 10/13/2020. (M,S)
October 9, 2020 Opinion or Order Filing 6 Consent to Substitution of Attorneys filed by Robin Dugger Rogers. (Combs, Scott)
October 7, 2020 Opinion or Order IMPORTANT: Notice [non-document] continuing Case Management Conference. Case Management Conference re-set to 11/18/2020 at 10:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (M,S)
September 8, 2020 Filing 5 Case Management Conference Scheduling Order with case management conference to be held on 10/9/2020 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 9/8/2020. (M,S)
August 4, 2020 Filing 4 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Scott E. Combs for Robin Dugger Rogers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #3 ). Judge Donald C. Nugent on 8/4/2020. (M,S)
August 3, 2020 Filing 3 Motion for attorney Scott E. Combs to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10153225, filed by Plaintiff Robin Dugger Rogers. (Combs, Scott)
August 3, 2020 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon International Hair Institute, Keranique, LLC, Ulta Beauty, Inc. (Attachments: #1 Magistrate Consent Form) (L,MI)
August 3, 2020 Filing 1 Complaint for damages with jury demand against International Hair Institute, Ulta Beauty, Inc., Keranique, LLC. Also attached is the Civil Cover Sheet and Summons for all the Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10152298. Filed by Robin Dugger Rogers. (Combs, Scott)
August 3, 2020 Judge Donald C. Nugent assigned to case. (L,MI)
August 3, 2020 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. (L,MI)

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Defendant: International Hair Institute
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Defendant: Keranique, LLC
Represented By: Kaeanna K. Wood Dzialo
Represented By: Paul J. Cosgrove
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Defendant: Ulta Beauty, Inc.
Represented By: Kaeanna K. Wood Dzialo
Represented By: Paul J. Cosgrove
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Plaintiff: Robin Dugger Rogers
Represented By: Scott E. Combs
Represented By: Gregory J. Rohl
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