Boulder Healthcare LLC., et al. v. Boulder FG Hholdings LLC., et al.
| MATTHEW DAPORE, PAUL BERGSTEN, HILLSTONE HEALTHCARE LLC, Boulder Healthcare LLC and Hillstone Healthcare, LLC |
| BOULDER FG HOLDINGS LLC, Samuel Goldner, Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC and Ariel Fein |
| 1:2020cv02171 |
| September 24, 2020 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.
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Order [non-document] granting Defendant's Motion for appearance pro hac vice by attorney Thomas R. Wyatt for Ariel Fein. 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 #39 ). Judge Solomon Oliver, Jr. on 8/8/2022.(R,Sh)
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| Filing 39 Motion for attorney Thomas R. Wyatt to Appear Pro Hac Vice. Filing fee $120.00, receipt number 14660140197, filed by Defendant Ariel Fein. (Attachments: #1 Affidavit of Thomas R. Wyatt) (R,AP) |
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Minute Order of Telephone Conference regarding Defense Counsel for Ariel Fein Motion to Withdraw as Counsel held on 8/2/2022. The court held a brief hearing regarding Counsel's Motion to Withdraw, re #38 . After hearing from counsel, the court grants the motion. Outgoing counsel shall continue to confer with Mr. Fein's new counsel, who was on the call and indicated that he will be filing a Motion to Appear Pro Hac Vice in this matter on behalf of Mr. Fein, and cooperate in providing all information to new counsel. Related document #38 . Approved by Judge Solomon Oliver, Jr. on 8/2/2022. Time: 15 minutes (R,Sh)
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| IMPORTANT: Notice [non-document] regarding Defendant's #38 Motion by Kyle A. Shelton and Louise M. Mazur to withdraw as attorney for Defendant Ariel Fein. A Telephone Conference is set for 8/2/2022 at 11:30 AM before Judge Solomon Oliver Jr. Current counsel for Defendant Fein, Plaintiffs' counsel, Defendant Ariel Fein and any counsel who may make an appearance on Mr. Fein's behalf are required to attend the conference. Dial-in information will be issued by separate e-mail. Related document(s) #38 . (R,Sh) |
| Filing 38 Motion by Kyle A. Shelton and Louise M. Mazur to withdraw as attorney filed by Defendant Ariel Fein. Related document(s) #32 . (Attachments: #1 Proposed Order)(Shelton, Kyle) |
| Filing 37 Notice of Joinder in Motion to Dismiss filed by Ariel Fein. Related document(s) #36 .(Shelton, Kyle) |
| Filing 36 Renewed Motion to Dismiss filed by Defendant Samuel Goldner. Related document(s) #19 , #12 . (Stern, Hershy) |
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Filing 35
Minute Order of Status Conference held on 2/23/2022. The parties updated the court on the state court proceedings. Additionally, Defendant Samuel Goldner indicated that he intended to file a renewed Motion to Dismiss by March 4, 2022. Defendant's renewed Motion will determine the extent to which responses are needed. If Defendant files his previous Motion (ECF No. 12), there is no need for additional responses. But to the extent that Defendant Goldner changes or amends his Motion, the parties will have seven (7) days to respond. Signed by Judge Solomon Oliver, Jr. on 3/1/2022. Time: 30 minutes (R,Sh)
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| Filing 34 Notice of Withdrawal of Motion to Quash Service of Process filed by Ariel Fein. Related document(s) #33 .(Shelton, Kyle) |
| Filing 33 WITHDRAWN, per Notice of Withdrawal filed 2/18/2022, (Doc. No. #34 ) Motion to quash Service of Process filed by Defendant Ariel Fein. (Attachments: #1 Memorandum in Support, #2 Declaration of Kyle A. Shelton with exhibits, #3 Declaration of Ariel Fein) (Shelton, Kyle) Modified on 2/22/2022 (R,Sh). |
| Filing 32 Attorney Appearance by Kyle A. Shelton and Louise M. Mazur filed on behalf of Ariel Fein. (Shelton, Kyle) |
| Filing 31 Joint Proposed Schedule Regarding Discovery, Experts, and Pretrial Practice filed by All Plaintiffs. (Related document(s) #29 , #30 ) (Congeni, Christopher) |
| Filing 30 Joint Status Report of Plaintiffs and Defendants Goldner, Boulder FG Holdings, LLC, and Boulder Operations Holdings, LLC filed by All Plaintiffs. Related document(s) #29 .(Congeni, Christopher) |
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Filing 29
Minute Order of Status Conference held on 1/6/2022. This case had been stayed by the court at the request of the parties on the representation that they were making efforts to resolve the case. The last extension of the stay was for 90 days, which expired on September 2, 2021. Since that time, the court has received no status update or other communication from the parties. Counsel for the parties and the apparently pro se Defendant, Ariel Fein, must meet and confer regarding: (1) Providing a written status update to the court, including whether settlement discussions have been exhausted or whether they wish to continue those discussions with the assistance of a Magistrate Judge, and (2) Providing a proposed schedule to the court regarding discovery, the use of experts, if any, pretrial motions and other aspects of pretrial practice. If the parties cannot agree on joint submissions, which the court prefers, they shall make separate filings regarding these matters. The required filingsseparate or joint--are due by February 15, 2022. A Telephonic Status Conference is set for 2/23/2022 at 03:30 PM before Judge Solomon Oliver Jr. (Dial in information will be issued separately). Signed by Judge Solomon Oliver, Jr. on 1/7/2022. Time: 30 minutes(R,Sh)
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| Copy of #29 Minute Order _ Status Conference, mailed to Ariel Fein 10 Eastbourne Drive Spring Valley, NY 10977 on 1/7/2022. Related document(s) #29 . (R,Sh) |
| Filing 28 Attorney Appearance by Rachel L. Hazelet filed by on behalf of All Plaintiffs. (Hazelet, Rachel) |
| IMPORTANT: Notice [non-document] of Telephonic Status Conference set for 1/6/2022 at 10:00 AM before Judge Solomon Oliver Jr. Dial-in information will be sent separately. (R,Sh) |
| Filing 27 Notice of Withdrawal of Nathan Pangrace Only filed by Samuel Goldner. (Hasbrook, Denise) |
| Filing 26 Attorney Appearance by Aaron T. Brogdon filed by on behalf of Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC. (Brogdon, Aaron) |
| Filing 25 Attorney Appearance by Zackary L. Stillings filed by on behalf of Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC. (Stillings, Zackary) |
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Order [non-document] granting Defendants' Motion to withdraw as attorney, attorneys David A. Landman; Sara Smoter Dorland and Joshua A. Klarfeld as Attorneys Stillings and Brogdon and the Law Firm of Frost Brown Todd LLC have entered their appearances. (Related Doc #24 ). Judge Solomon Oliver, Jr on 8/19/2021.(R,Sh)
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| Filing 24 Motion by Joshua A. Klarfeld, David A. Landman, and Sara S. Dorland to withdraw as attorney filed by Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC, Ariel Fein. (Landman, David) |
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Order [non-document] granting Plaintiff's Motion to withdraw as attorney, attorney Matthew R. Duncan and Daniel J. Rudary removed from case as Attorney Christopher B. Congeni and his new law firm of Matasar Jacobs LLC will continue to represent Plaintiff. (Related Doc #23 ). Judge Solomon Oliver, Jr. on 8/18/2021.(R,Sh) Modified on 8/18/2021 (R,Sh).
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Order [non-document] denying as moot Defendant's Motion to dismiss (Related Doc #12 ), in light of the stay entered by the court (ECF 21 ) and extending in the non-document Order of 6/3/2021. Judge Solomon Oliver, Jr. on 7/22/2021.(R,Sh)
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| Filing 23 Motion by Matthew R. Duncan and Daniel J. Rudary to withdraw as attorney for Plaintiffs filed by Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore, Hillstone Healthcare, LLC. (Duncan, Matthew) |
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Order [non-document] granting the Parties' request to stay this matter for an additional 90 days so that they may continue to work toward settlement prior to engaging in any discovery in this matter. Related document #22 . Approved by Judge Solomon Oliver, Jr. on 6/3/2021. (R,Sh)
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| Filing 22 Joint Status Report filed by Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC, Ariel Fein. (Klarfeld, Joshua) |
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Order. [non-document] The court entered an Order on March 11, 2021 staying this action for 30 days so that the parties could devote their time to trying to resolve the matter. Since the matter has not been resolved, the court hereby Orders the Parties to submit to the court a written status update within 10 days of this Order. Related document 21 . Judge Solomon Oliver, Jr. on 5/13/2021. (R,Sh)
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Filing 21
Order [non-document] granting Motion to Stay discovery and all other deadlines for 30 days (Related Doc #20 ) as the parties are attempting to resolve this matter. Approved by Judge Solomon Oliver, Jr. on 3/11/2021.(R,Sh)
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| Filing 20 Stipulated Motion to Stay discovery and all other deadlines for 30 days filed by Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore. (Duncan, Matthew) |
| Filing 19 Reply in support of #12 Motion to dismiss or stay filed by Samuel Goldner. (Hasbrook, Denise) |
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Order [non-document] granting Defendant's #18 Motion for extension of time until February 25, 2021 to file response/reply to #12 Motion to dismiss or stay. Judge Solomon Oliver, Jr. on 2/18/2021.(R,Sh)
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| Filing 18 Motion for extension of time until February 25, 2021 to file response/reply to #12 Motion to dismiss or stay filed by Defendant Samuel Goldner. Related document(s) #12 . (Attachments: #1 Proposed Order)(Hasbrook, Denise) |
| Filing 17 Opposition to #12 Motion to dismiss or stay filed by Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore, Hillstone Healthcare, LLC. (Attachments: #1 Exhibit Journal Entry of November 20, 2020)(Duncan, Matthew) |
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Order [non-document] granting Plaintiff's #16 Second Motion for extension of time until 02/05/2021 to file response/reply Defendant's to #12 Motion to dismiss or stay. No further extensions. Judge Solomon Oliver, Jr. on 1/26/2021.(R,Sh)
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| Filing 16 Second Motion for extension of time until 02/05/2021 to file response/reply to #12 Motion to dismiss or stay filed by Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore, Hillstone Healthcare, LLC. Related document(s) #12 . (Duncan, Matthew) |
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Filing 15
Order [non-document] granting Defendant Goldner's Motion for appearance pro hac vice by attorney Hershy Stern for Samuel Goldner. 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 #13 ). Judge Solomon Oliver, Jr. on 12/28/2020.(R,Sh)
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Order [non-document] granting Plaintiff's #14 Motion for Extension of Time to File Response/Reply to Defendant's #12 Motion to Dismiss until 1/22/2021. Approved by Judge Solomon Oliver, Jr. on 12/22/2020.(R,Sh)
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| Filing 14 Motion for extension of time until 01/22/2021 to file response/reply to #12 Motion to dismiss or stay filed by Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore, Hillstone Healthcare, LLC. Related document(s) #12 . (Duncan, Matthew) |
| Filing 13 Motion for attorney Hershy Stern to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10508447, filed by Defendant Samuel Goldner. (Attachments: #1 Affidavit Hershy Stern)(Hasbrook, Denise) |
| Filing 12 Motion to dismiss filed by Defendant Samuel Goldner. (Attachments: #1 Exhibit A - 2020-09-17 - Plaintiffs' Motion to Consolidate, #2 Exhibit B - 2020-04-17 - Complaint against Paul Bergsten and Matt Dapore, #3 Exhibit C - 2020-06-22 - Bergsten and Dapore Answer and Third Party Complaint, #4 Exhibit D - State Action Docket, #5 Exhibit E - 2020-11-12 - Hasbrook Letter)(Pangrace, Nathan) |
| Filing 11 Case Management Conference Order. Case Management Conference held on 11/10/2020 before Judge Solomon Oliver, Jr. Case is assigned to the standard track. Pre-discovery disclosures due by 12/18/2020. Discovery due by 8/30/2021. Parties to be Joined and Pleading Amendments due by 2/15/2021, Dispositive Motions due by 11/10/2021. (Court Reporter: none) Time: 30 mins. (S,SR) |
| Filing 10 Attorney Appearance by David A. Landman on 11/10/2020 filed by on behalf of Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC, Ariel Fein. (Landman, David) |
| Filing 9 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Boulder FG Holdings, LLC. (Dorland, Sara) |
| Filing 8 Magistrate Consent Package issued. (R,Sh) |
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Filing 7
Case Management Conference Scheduling Order with case management conference to be held on 11/10/2020 at 11:00 AM telephonically before Judge Solomon Oliver Jr. Dial-in information will be sent by separate e-mail. Signed by Judge Solomon Oliver, Jr. on 10/26/2020. (R,Sh)
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| Filing 6 Waiver of Service Returned Executed by Hillstone Healthcare, LLC, Paul Bergsten, Boulder Healthcare LLC, Matthew Dapore. Samuel Goldner waiver sent on 9/24/2020, answer due 11/23/2020 filed on behalf of Hillstone Healthcare, LLC; Paul Bergsten; Boulder Healthcare LLC; Matthew Dapore (Duncan, Matthew) |
| Filing 5 Answer to Complaint (Related Doc #1 ) filed by Boulder FG Holdings, LLC, Boulder Operations Holdings, LLC, Ariel Fein. (Dorland, Sara) |
| Filing 4 Attorney Appearance by Denise M. Hasbrook and Nathan Pangrace filed by on behalf of Samuel Goldner. (Hasbrook, Denise) |
| Filing 3 Magistrate Consent Form issued. (Y,A) |
| Filing 2 Corporate Disclosure Statement filed by BOULDER FG HOLDINGS LLC. (Dorland, Sara) |
| Judge Solomon Oliver, Jr assigned to case, (Y,A) |
| 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. (Y,A) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 20 937366 with jury demand, Filing fee paid $400, receipt number AOHNDC-10293034. Filed by Boulder FG Holdings LLC. (Attachments: #1 Exhibit State Court Docket, #2 Exhibit State Court Process and Pleadings, #3 Exhibit Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (Dorland, Sara) |
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