Aragonite Capital Markets, LLC v. Dark Horse Media, LLC et al
| Aragonite Capital Markets, LLC and Aragonite Capital Markets, LLC doing business as Argonite Partners LLC |
| Dark Horse Media, LLC, Cenic Media (Delaware) Inc., Dark Horse Comics, LLC, Things From Another World, LLC and Dark Horse Entertainment, LLC |
| 1:2022cv00222 |
| February 8, 2022 |
| US District Court for the Northern District of Ohio |
| Charles Esque Fleming |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Service by Clerk. Summons and First Amended Complaint addressed to Dark Horse Comics, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 3040 0001 0964 1744. (H,Ch) |
| Service by Clerk. Summons and First Amended Complaint addressed to Dark Horse Entertainment, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 3040 0001 0964 1751. (H,Ch) |
| Service by Clerk. Summons and First Amended Complaint addressed to Things From Another World, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 3040 0001 0964 1768. (H,Ch) |
| Filing 37 Original Summons issued to counsel for service upon Dark Horse Comics, LLC, Dark Horse Entertainment, LLC, Things From Another World, LLC. (M,CE) |
| Filing 36 Praecipe for issuance of Original Summons filed by Aragonite Capital Markets, LLC. (Attachments: #1 First Amended Complaint, #2 Summons - Dark Horse Comics, #3 Summons - Dark Horse Entertainment, #4 Summons - Things From Another World)(LaSalvia, Shelly) |
| Filing 35 Amended complaint against All Defendants and adding new party defendant(s) Dark Horse Comics, LLC; Things From Another World, LLC; Dark Horse Entertainment, LLC. Filed by Aragonite Capital Markets, LLC. (Attachments: #1 Exhibit A- Engagement Agreement) (LaSalvia, Shelly) |
| Filing 34 Opposition to #27 Motion to dismiss for failure to state a claim filed by Aragonite Capital Markets, LLC. (Okun, Jill) |
| Filing 33 Jury Demand filed by Dark Horse Media, LLC. (Krebs, Patrick) |
| Filing 32 Notice of Appearance of Co-Counsel Jill G. Okun on behalf of Aragonite Capital Markets, LLC. (Okun, Jill) Modified on 3/25/2022 (S,HR). |
| Filing 31 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal, upon motion for voluntary dismissal re #24 (USCA# 22-3181). Date issued by USCA 3/18/22 (H,SP) |
| Case reassigned to District Judge Charles E. Fleming pursuant to General Order 2022-07. Related document(s) #27 . (F,AW) |
| 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. (F,AW) |
| Filing 30 Corporate Disclosure Statement identifying Corporate Parent Embracer Group AB for Dark Horse Media, LLC filed by Dark Horse Media, LLC. (Krebs, Patrick) |
| Filing 29 Answer to #1 Complaint, filed by Dark Horse Media, LLC. (Krebs, Patrick) |
| Filing 28 Corporate Disclosure Statement identifying Corporate Parent Embracer Group AB for Cenic Media (Delaware) Inc. filed by Cenic Media (Delaware) Inc.. (Krebs, Patrick) |
| Filing 27 Motion to dismiss for failure to state a claim filed by Defendant Cenic Media (Delaware) Inc.. Related document(s) #1 . (Krebs, Patrick) |
| Filing 26 SEALED Document: Supplemental Notice pursuant to Court Order #10 filed by Cenic Media (Delaware) Inc., Dark Horse Media, LLC. (Related document(s) #14 , #15 , #10 ) (Krebs, Patrick) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #24 Notice of Appeal (USCA# 22-3181). Date filed in USCA 3/4/22. (H,SP) |
| Filing 25 Return of Service by Clerk by certified mail executed upon Cenic Media (Delaware) Inc. on 2/22/2022, filed on behalf of Aragonite Capital Markets, LLC. Related document(s) #4 . (M,CE) |
| Filing 24 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #23 Memorandum Opinion and Order of 3/2/22, filed by Aragonite Capital Markets, LLC. (Filing fee $505, receipt number AOHNDC-11301655) (LaSalvia, Shelly) |
| Filing 23 Memorandum Opinion and Order: For the reasons stated in this Order, Plaintiff's Renewed and Supplemented Motion for Prejudgment Attachment and Request for Emergency Hearing (Doc. No. #8 ) is denied. The hearing set for March 4, 2022 is hereby cancelled. The Court directs the Clerk's Office to lift restricted access to Plaintiff's Ex Parte Motion for TRO and Preliminary Injunction and Ex Parte Motion for Prejudgment Attachment. (Doc. Nos. 2, 3.) Judge Pamela A. Barker on 3/2/2022. (P,K) |
| Filing 22 Return of Service by Clerk by certified mail executed upon Dark Horse Media, LLC on 2/22/2022, filed on behalf of Aragonite Capital Markets, LLC. Related document(s) #4 . (M,KS) |
| Filing 21 Witness List filed by All Defendants. Related document(s) #10 . (Krebs, Patrick) |
| Filing 20 Witness List filed by Aragonite Capital Markets, LLC. Related document(s) #10 . (Sinn, Nathaniel) |
| Filing 19 Praecipe for issuance of Notice of proceeding on Plaintiff's Renewed and Supplemented Motion for an Order of Prejudgment Attachment filed by Aragonite Capital Markets, LLC. Related document(s) #8 . (Heberlein, Heather) |
| Filing 18 Reply in support of #8 Renewed and Supplemented Motion for an Order of Prejudgment Attachment, Motion for Emergency Hearing filed by Aragonite Capital Markets, LLC. (Sinn, Nathaniel) |
| Filing 17 Opposition to #8 Renewed and Supplemented Motion for an Order of Prejudgment Attachment, Motion for Emergency Hearing filed by Cenic Media (Delaware) Inc., Dark Horse Media, LLC. (Attachments: #1 Exhibit A - Hankerson Declaration, #2 Exhibit B - Shaik Declaration, #3 Exhibit C - Certificate of Foreign LLC Registration, #4 Exhibit D - Foreign for Profit Corp. License)(Krebs, Patrick) |
| Filing 16 Amended Notice of Service of Sealed Notice (ECF# 15) filed by Cenic Media (Delaware) Inc., Dark Horse Media, LLC. Related document(s) #15 .(Krebs, Patrick) |
| Filing 15 SEALED Document: Notice pursuant to Order #10 filed by Cenic Media (Delaware) Inc., Dark Horse Media, LLC. (Related document(s) #14 , #10 ) (Krebs, Patrick). Modified on 2/22/2022, filer notified of error with certificate of service page (H,SP). |
Filing 14
Order granting #13 Defendants' Unopposed Motion for Leave to File the Notice regarding the status of the alleged sale of Dark Horse to Embracer Group AB Under Seal for the reasons stated in this Order. Judge Pamela A. Barker on 2/18/2022.(P,K)
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| Filing 13 Unopposed Motion for leave to File Under Seal and Memorandum in Support filed by Cenic Media (Delaware) Inc., Dark Horse Media, LLC. (Related document(s) #10 ) (Krebs, Patrick) |
| Filing 12 Attorney Appearance by Patrick J. Krebs , Daniel H. Bryan and Jozeff W. Gebolys filed by on behalf of Cenic Media (Delaware) Inc.. (Krebs, Patrick) |
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Filing 11
Order as to the February 9, 2022 Memorandum Opinion & Order. (Doc. No. #6 .) The Clerk of Courts is directed to lift restricted access so as to ensure that it is publicly available. Judge Pamela A. Barker on 2/16/2022. (P,K)
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| Filing 10 Minute Order of Status Conference held on 2/14/2022 Time: 1 hour, 20 minutes. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry The Court will conduct a hearing on Plaintiff's "Renewed and Supplemented Motion for Prejudgment Attachment" on March 4, 2022 at 10:00 a.m. to be held in Courtroom 16A. Judge Pamela A. Barker on 2/15/2022. (P,K) |
| Filing 9 Attorney Appearance by Patrick J. Krebs , Daniel H. Bryan and Jozeff W. Gebolys filed by on behalf of Dark Horse Media, LLC. (Krebs, Patrick) |
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Order [non-document] A telephonic conference with counsel is set for today, February 14, 2022, at 3:30 p.m. EST. Dial in information will be provided via separate email. Plaintiff's counsel is hereby directed to immediately notify counsel for Defendants of the date and time of this conference. Plaintiff's counsel is further directed to promptly forward the dial in information provided by the Court, to counsel for Defendants. Judge Pamela A. Barker on 2/14/2022. (P,K)
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| Filing 8 Renewed and Supplemented Motion for an Order of Prejudgment Attachment, Motion for Emergency Hearing filed by Plaintiff Aragonite Capital Markets, LLC. (Attachments: #1 Memorandum in Support, #2 Affidavit of Brennan Igoe with exhibits, #3 Declaration of Nathaniel R Sinn with exhibits)(Sinn, Nathaniel) Modified on 2/14/2022 (L,Br). |
| Service by Clerk. Summons and Complaint addressed to Dark Horse Media, LLC placed in U.S. Mail. Type of service: certified mail. Receipt #7017 3040 0001 0964 1874. (R,AP) |
| Service by Clerk. Summons and Complaint addressed to Cenic Media (Delaware) Inc. placed in U.S. Mail. Type of service: certified mail. Receipt #7020 3160 0000 1991 5116. (R,AP) |
| Filing 7 Corporate Disclosure Statement filed by Aragonite Capital Markets, LLC. (LaSalvia, Shelly) |
| Filing 6 Memorandum Opinion and Order denying Plaintiff's (1) Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction; and (2) Ex Parte Motion for Prejudgment Attachment Without Notice of Hearing. (Doc. Nos. #2 , #3 .) Judge Pamela A. Barker on 2/9/2022. (P,K) Modified on 2/16/2022 life restrictions (H,SP). |
| Filing 5 Corporate Disclosure Statement filed by Aragonite Capital Markets, LLC. (LaSalvia, Shelly) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Cenic Media (Delaware) Inc., Dark Horse Media, LLC. (Attachments: #1 Magistrate Consent Form). (L,MI) |
| Judge Pamela A. Barker assigned to case. (L,MI) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (L,MI) |
| Filing 3 Motion for Prejudgment Order of Attachment Without Notice or Hearing with memorandum in support filed by Plaintiff Aragonite Capital Markets, LLC. (Attachments: #1 Affidavit of Brennan Igoe plus Exhibits) (LaSalvia, Shelly). Modified on 3/2/2022 to lift restrictions per Memorandum Opinion and Order #23 (H,SP). |
| Filing 2 Motion for temporary restraining order without notice, and Motion for preliminary injunction filed by Plaintiff Aragonite Capital Markets, LLC. (Attachments: #1 Memorandum in Support, #2 Affidavit of Brennan Igoe plus Exhibits) (Sinn, Nathaniel). Modified on 3/2/2022 to lift restrictions per Memorandum Opinion and Order #23 (H,SP). |
| Filing 1 Complaint for breach of contract against Cenic Media (Delaware) Inc., Dark Horse Media, LLC. Filing fee paid $ 402, Receipt number AOHNDC-11261041. Filed by Aragonite Capital Markets, LLC. (Attachments: #1 Exhibit A - Engagement Agreement, #2 Civil Cover Sheet, #3 Summons - Dark Horse Media, LLC, #4 Summons - Cenic Media (Delaware) Inc.) (LaSalvia, Shelly) |
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