MRI Software, LLC v. Churchill Corporate Services, Inc.
| MRI Software, LLC |
| Churchill Corporate Services, Inc. |
| 1:2021cv01331 |
| July 9, 2021 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Default |
| Defendant |
Docket Report
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This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.
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Filing 20
Acknowledgement of receipt of Order of Remand received from Cuyahoga County Court of Common Pleas on December 23, 2021. Related document(s) #18 .(M,CE)
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Filing 19
Certified copy of order of remand and docket sheet mailed to Cuyahoga County Court of Common Pleas with acknowledgement of receipt enclosed. Related document(s) #18 . (S,SR)
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Filing 18
Opinion and Order of Remand: The Court is not satisfied that it has jurisdiction to hear this matter and REMANDS the case to the Cuyahoga County Court of Common Pleas for further proceedings. Defendant's #12 Motion for Judgment of the Pleadings is therefore DENIED WITHOUT PREJUDICE. Judge Christopher A. Boyko on 12/13/2021. (L,Ja)
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Filing 17
Supplemental Affidavit/Declaration of Attorney Brian P. Nally filed by Churchill Corporate Services, Inc.. (Related document(s) #15 , #16 ). (Attachments: #1 Exhibit A - 10-28-21 Correspondence, #2 Exhibit B - 10-15-21 Correspondence, #3 Exhibit C - Preslan Correspondence, #4 Exhibit D - 10-20-21 Correspondence, #5 Exhibit E - 10-26-21 Preslan Correspondence, #6 Exhibit F - 10-26-21 Correspondence, #7 Exhibit G - 10-27-21 Correspondence, #8 Exhibit H - 2021-11-01 Amended Notice of Removal) (Nally, Brian)
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Order [non-document] finding Defendant's response to the Court's Show Cause Order insufficient. For diversity purposes, the Court must know the citizenship of Plaintiff's sole-LLC member, MRI Intermediate Holdings II LLC. See V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2009) (an LLCs citizenship determination includes the citizenship of any 'sub-members'). The parties have until 11/5/2021 to address this issue. Judge Christopher A. Boyko on 10/26/21. (S,HR)
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Filing 16
Affidavit/Declaration of Attorney Brian P. Nally filed by Churchill Corporate Services, Inc.. Related document(s) #15 . (Attachments: #1 Exhibit 1 - Preslan email dated 4-5-19, #2 Exhibit 2 - Amended Notice of Removal)(Nally, Brian)
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Filing 15
Order to Show Cause. Within fourteen (14) days of this Order, Defendant shall SHOW CAUSE why this matter should not be dismissed for lack of subject matter jurisdiction. As Plaintiff is a limited liability company, the Court must determine the citizenship of each partner or member. Such information may be provided in an affidavit from counsel. Defendant shall also attach an Amended Notice of Removal incorporating the proper allegations of citizenship. Judge Christopher A. Boyko on 9/22/21. (S,HR)
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Order [non-document]. Telephonic Case Management Conference scheduled for 9/23/21 at 2:30 PM is CANCELLED. Judge Christopher A. Boyko on 9/22/21. (S,HR)
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Filing 14
Reply in support of #12 Motion for judgment on the pleadings Under Rule 12(c) filed by Churchill Corporate Services, Inc.. (Nally, Brian)
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Filing 13
Opposition to #12 Motion for judgment on the pleadings Under Rule 12(c) filed by MRI Software, LLC. (Attachments: #1 Exhibit 1 - Letter of 9/18/20 to Churchill Corporate Services) (Preslan, Clinton)
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Filing 12
Motion for judgment on the pleadings Under Rule 12(c), with memorandum in support filed by Defendant Churchill Corporate Services, Inc.. (Nally, Brian)
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Filing 11
Notice of Case Management Conference with telephonic case management conference to be held on 9/23/21 at 2:30 PM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 8/3/21. (Attachments: #1 Exhibit A - Report of Parties Planning Meeting, #2 Exhibit B - Consent Package)(S,HR)
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Filing 10
Answer to Complaint with Jury Demand filed by Churchill Corporate Services, Inc.. (Attachments: #1 Exhibit A - MRI letter of 11/12/20) (Borgman, Adam)
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Filing 9
SEALED Document: Exhibit A to Plaintiff's Complaint filed by MRI Software, LLC. (Related document(s) #8 , #1 ). (Attachments: #1 Exhibit Agreement with schedules and order Documents, Exhibit A to Plaintiff's Compliant) (Preslan, Clinton)
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Filing 8
Marginal Entry Order granting Plaintiff's Motion for leave to file Agreement under seal (Related Doc #7 ). Judge Christopher A. Boyko on 7/30/21.(S,HR)
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Filing 7
Motion for leave to file Agreement under seal filed by Plaintiff MRI Software, LLC. (Preslan, Clinton)
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Filing 6
Order granting Stipulated #5 Motion for Extension of Time to Answer Plaintiff's Complaint. Churchill Corporate Services, Inc. answer due 7/30/2021. Judge Christopher A. Boyko on 7/19/21.(S,HR)
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Filing 5
Stipulated Motion for extension of time until 7/16/2021 to answer Plaintiff's Complaint filed by Defendant Churchill Corporate Services, Inc.. (Attachments: #1 Proposed Order)(Borgman, Adam)
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Filing 4
Civil Cover Sheet filed by Churchill Corporate Services, Inc. Related document(s) #1 . (Nally, Brian)
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Filing 3
Corporate Disclosure Statement filed by Churchill Corporate Services, Inc.. (Nally, Brian)
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Filing 2
Magistrate Consent Form issued. (M,MT)
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Filing 1
Notice of Removal from Cuyahoga County Common Pleas Court, case number CV 21 948531 Filing fee paid $402.00, receipt number AOHNDC-10924147. Filed by Churchill Corporate Services. (Attachments: #1 Exhibit A - State Court Complaint) (Nally, Brian)
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Judge Christopher A. Boyko assigned to case. (M,MT)
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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,MT)
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Remark by Clerk: This case was assigned and processed without the filing of a Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. Related document(s) #1 . (M,MT)
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Notice by Clerk that Churchill Corporate Services, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,MT)
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| Plaintiff: MRI Software, LLC | |
| Represented By: | Clinton E. Preslan, Jr. |
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| Defendant: Churchill Corporate Services, Inc. | |
| Represented By: | Adam M. Borgman |
| Represented By: | Brian P. Nally |
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