Benedettini Cabinets, L.P. v. Sherwin-Williams Company
| Benedettini Cabinets, L.P. |
| Sherwin-Williams Company |
| 1:2022cv00737 |
| May 6, 2022 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| J Philip Calabrese |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on November 6, 2023. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. Counsel updated the Court on the status of discovery and reported that they are working toward completing document productions and anticipate a number of depositions of fact witnesses, including some third parties. Counsel also advised the Court of potential discovery dispute(s) but are continuing to work to resolve those issues. The Court sets a status conference for Monday, November 27 at 3:00 p.m. by Zoom and directs counsel to submit a joint status report by Friday, November 24 at 12:00 p.m. identifying any issues for the Court to address at the next status conference. Time: 20 minutes. (Y,A)
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Filing 45
Opinion and Order: The Court GRANTS IN PART and DENIES IN PART Defendant's motion for partial judgment on the pleadings (ECF No. #34 ). Judge J. Philip Calabrese on September 27, 2023.(Y,A)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on August 3, 2023. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. Counsel for both parties reported that document discovery is proceeding on the current schedule and that there are currently no discovery disputes or issues that require the Court's attention. The Court schedules a status conference for November 6, 2023 at 2:00 p.m. eastern time by Zoom. Time: 10 minutes. (Y,A)
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IMPORTANT: Notice [non-document]: At the request of counsel, the status conference previously scheduled for July 26, 2023, will now be held on August 3, 2023 at 4:00 p.m. via Zoom. (Y,A)
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Filing 44
Second Amended Case Management Plan and Scheduling Order: The schedule for this case is as follows: Complete of review and substantial production of documents responsive to initial search terms: June 7, 2023 to August 28, 2023; Complete review of document production: August 28, 2023; Fact Witness Depositions: September 4, 2023 to March 11, 2024; Fact Discovery Cut-off: March 11, 2024; Initial Expert Reports Due: March 25, 2024; Rebuttal Expert Reports Due: May 6, 2024; Expert Witness Depositions: May 20, 2024 to June 21, 2024; Discovery Cut-Off: July 8, 2024; Dispositive Motions Due: July 29, 2024. The Court sets a status conference for Wednesday, July 26, 2023 at 4:00 p.m. eastern by Zoom. (Y,A)
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Filing 43
Joint Proposed Stipulation for submission of proposed discovery schedule filed by Benedettini Cabinets, L.P.. Related document(s) #40 , #32 .(Cook, Brian)
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Filing 42
Reply in support of #34 Motion for partial judgment on the pleadings filed by Sherwin-Williams Company. (Troyer, Brian)
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Filing 41
Memorandum in Opposition to #34 Motion for partial judgment on the pleadings as to the Economic Loss Rule and Merger Clause filed by Benedettini Cabinets, L.P.. (Cook, Brian)
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Filing 40
Minutes and Order: The Court held a status conference by Zoom on May 10, 2023. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. Based on discussions at the status conference, the Court VACATES the current case schedule (ECF No. #32 ) and ORDERS the parties to confer and submit a proposed schedule no later than June 7, 2023. The Court ORDERS Defendant to file a single reply in support of its pending motion for judgment on the pleadings no later than May 31, 2023 and VACATES the current reply deadline of May 11, 2023. Judge J. Philip Calabrese on 5/10/2023. Time 15 minutes. (Y,A)
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Filing 39
Unopposed Motion for extension of time until May 11, 2023 to file response/reply to #34 Motion for partial judgment on the pleadings filed by Sherwin-Williams Company, Sherwin-Williams Company, Defendant Sherwin-Williams Company. Related document(s) #34 . (Troyer, Brian)
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Order [non-document]: Defendant's motion for an extension to May 11, 2023 to reply in support of its motion for judgment on the pleadings is unopposed and granted. Judge J. Philip Calabrese on 5/3/2023.(Y,A)
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Filing 38
Order: The Court determines that the parties do not need to include UV 292 or UV 297 in the ESI search terms at this time. The Court WITHDRAWS its Order dated March 14, 2023 (ECF No. #35 ) and ORDERS Plaintiff to respond to the balance of Defendant's motion for judgment on the pleadings (ECF No. #34 ) no later than May 15, 2023. Judge J. Philip Calabrese on 5/2/2023. (Y,A)
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Filing 37
Memorandum in Opposition to #34 Motion for partial judgment on the pleadings filed by Benedettini Cabinets, L.P. (Cook, Brian)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on April 20, 2023. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. The Court heard arguments on the ESI disputes the parties raised in the status report dated April 18, 2023 (ECF No. #36 ) and on the Court's Order converting in part Defendant's motion for judgment on the pleadings to a motion for summary judgment (ECF No. #35 ). The Court took both issues under advisement. The Court schedules a status conference for May 10, 2023 at 4:00 p.m. eastern time by Zoom. Time: 55 minutes. (Y,A)
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Filing 36
Status Report filed by Benedettini Cabinets, L.P.. (Attachments: #1 Exhibit Exhibit 1 - Sherwin Objections to RFP's, #2 Exhibit Exhibit 2 - Plaintiff's 7th Amended Proposed Search Terms)(Cook, Brian)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on March 29, 2023. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. Counsel discussed the status of their negotiations concerning search terms for ESI and represented that they are close to an agreement, but anticipate they will need to bring some number of disputes to the Court for guidance in the coming weeks. The Court addressed its Order (ECF No. #35 ) converting Defendant's motion for judgment on the pleadings (ECF No. #34 ), in part, to a motion for summary judgment. Plaintiff made an oral motion for an extension of time to respond to the unconverted portion of Defendant's motion, which the Court GRANTS and sets a deadline for responding to the unconverted portion of the motion no later than April 20, 2023. The Court schedules a status conference for April 20, 2023 at 11:00 a.m. eastern time by Zoom to discuss the status of ESI discovery and any disputes relating to the same and to set a schedule for discovery and briefing on the converted portion of Defendant' s motion. The Court DIRECTS the parties to file a short joint submission outlining their respective positions concerning any ESI disputes no later than April 17, 2023. Time: 30 minutes. (Y,A)
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Filing 35
Order: The Court provides notice to the parties that it will treat the pending motion for judgment on the pleadings, in part, as a motion for summary judgment. At the next status conference, on March 29, 2023 at noon, the Court will discuss with counsel this Order, the schedule for any limited discovery the parties might need, and the schedule for any supplemental briefing that might be necessary to support the motion. Judge J. Philip Calabrese on 3/14/2023. (Y,A)
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Filing 34
Motion for partial judgment on the pleadings filed by Sherwin-Williams Company. Related document(s) #19 . (Attachments: #1 Memorandum in Support, #2 Certificate of Compliance) (Troyer, Brian)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on February 15, 2023. James Collura and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. Counsel discussed the status of discovery and represented that they continue to confer regarding ESI search terms to facilitate the rolling production of documents. The Court schedules a status conference for March 29, 2023 at 12:00 p.m. eastern time by Zoom. The Court directed the parties to confer and agree on a proposed revised fact discovery cut-off date, if necessary, in advance of the next status conference. Time: 15 minutes. (Y,A)
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IMPORTANT: Notice [non-document]: At the request of counsel, the Court schedules a Status Conference for Wednesday, January 11, 2023 at 10:00 a.m. eastern, which will be held by Zoom. (Y,A)
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Minute Order [non-document]: At the request of counsel, the Court held a conference by Zoom on January 11, 2023 to address certain discovery matters. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. The parties discussed their respective positions concerning the number of Plaintiff's requests for production and admission. Based on discussion with counsel, the Court streamlined the process for Defendant to respond to the discovery requests. Further, the Court CANCELS the status conference previously scheduled for January 26, 2023 and schedules a status conference for February 15, 2023 at 2:00 p.m. eastern by Zoom. Judge J. Philip Calabrese on 1/11/2023. Time: 40 minutes (Y,A)
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Filing 33
Answer to #29 Counterclaim, filed by Benedettini Cabinets, L.P.. (Cook, Brian)
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Filing 32
First Amended Case Management Plan and Scheduling Order: This case is assigned to the complex track. Case not referred to ADR at this time. Parties do not consent to the jurisdiction of a Magistrate Judge. The parties agree to follow the standard for discovery of ESI set forth in ECF No. #22 . The parties agree to be bound by the Stipulated Protective Order (ECF No. #23 ) the Court entered on October 5, 2022. The schedule for this case is as follows: Plaintiff's Answer to Defendant's Amended Counterclaim Due: November 30, 2022; Pleadings Close: November 30, 2022; any motions directed to the pleadings by Rule; Parties to Serve Initial Written Discovery: December 12, 2022; Fact Discovery Cut-off: May 8, 2023. The Court sets a status conference for Thursday, January 26, 2023 at 4 p.m. eastern by Zoom. Judge J. Philip Calabrese on 11/22/2022. (Y,A)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on November 22, 2022. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. A representative of Plaintiff, Matt Bible, also appeared in compliance with the Court's Order dated November 10, 2022. Brian Troyer and Xavier Thomas-Hughes appeared for Defendant. A representative of Defendant, Freddie Cruz, also appeared in compliance with the Court's Order dated November 10, 2022. The Court directed the parties to explain their respective positions concerning the applicability of the 2017 Supply Agreement to this dispute and the possibility of conducting limited discovery on that issue. Based on that discussion, and because the pleadings are not yet closed, the Court DENIES WITHOUT PREJUDICE all pending motions directed at the pleadings. The Court will enter a separate amended scheduling order. Time: 30 minutes. (Y,A)
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Filing 31
Order: On November 9, 2022, Sherwin-Williams filed an amended counterclaim. Because that filing was not accounted for in the schedule, the Court SUSPENDS the current Case Management Plan and Scheduling Order (ECF No. #24 ). The Court sets a Status Conference by Zoom on Tuesday, November 22, 2022 at 11:00 a.m.eastern time. The Court ORDERS a representative of each party to appear at the status conference with counsel. Judge J. Philip Calabrese on 11/10/2022. (Y,A)
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Filing 30
SEALED Document: Amended Answer and Amended Counterclaim filed by Sherwin-Williams Company. (Related document(s) #13 , #29 , #19 ). (Attachments: #1 Exhibit A - Supply Agreement and Amendment) (Troyer, Brian)
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Filing 29
Amended Answer to #19 Amended complaint , Amended Counterclaim against Benedettini Cabinets, L.P. filed by Sherwin-Williams Company. (Attachments: #1 Exhibit A - Supply Agreement and Amendment, #2 Exhibit B - Benedettini Case Study, #3 Exhibit C - Amended Counterclaim)(Troyer, Brian)
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Filing 28
Motion for judgment on the pleadings filed by Plaintiff Benedettini Cabinets, L.P., Counter-Defendant Benedettini Cabinets, L.P.. (Attachments: #1 Memorandum in Support) (Cook, Brian) Related document #25 .
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Filing 27
Answer and Defenses to #25 Counterclaim filed by Benedettini Cabinets, L.P.. (Cook, Brian)
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Filing 26
SEALED Document: Answer to Amended Complaint with Counterclaim filed by Sherwin-Williams Company. (Related document(s) #13 , #19 ). (Attachments: #1 Exhibit A - Supply Agreement and Amendment) (Troyer, Brian)
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Filing 25
Answer to #19 Amended complaint , Counterclaim against Benedettini Cabinets, L.P. filed by Sherwin-Williams Company. (Attachments: #1 Exhibit A - Supply Agreement and Amendment, #2 Exhibit B - Benedettini Case Study)(Troyer, Brian)
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Filing 24
Case Management Plan and Scheduling Order: Complex track. Case not referred to ADR at this time. Parties do not consent to the jurisdiction of a Magistrate Judge. The parties agree to follow the standard for discovery of ESI set forth in ECF No. #22 . The parties agree to be bound by the Stipulated Protective Order (ECF No. #23 ) the Court entered on October 5, 2022. The schedule for the pleadings stage is as follows: Plaintiff's Response/Motion Directed at Defendant's Counterclaim: October 26, 2022; Defendant's Consolidated Opposition to Plaintiff's Motion and Motion Directed at the Pleadings: November 11, 2022; Plaintiff's Consolidated Opposition and Reply: December 2, 2022; Defendant's Reply: December 16, 2022. The Court will schedule the next status conference at the conclusion of the pleading stage. Judge J. Philip Calabrese on 10/5/2022. (Y,A)
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Filing 23
Stipulated Protective Order. Judge J. Philip Calabrese on 10/5/2022. (Attachments: #1 Acknowledgement and Agreement to be Bound)(Y,A)
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Filing 22
Joint Proposed Stipulation - Stipulated Protocol for Discovery of ESI filed by Sherwin-Williams Company. (Troyer, Brian)
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Filing 21
Joint Motion for protective order filed by Defendant Sherwin-Williams Company. (Attachments: #1 Proposed Order Stipulated Protective Order)(Troyer, Brian)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on October 5, 2022. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. The parties discussed their respective positions on proceeding with limited discovery on the applicability of the 2017 Supply Agreement (ECF No. #16 ) to this dispute, as outlined in the Status Report (ECF No. #20 ). Defendant intends to answer and file a counterclaim, and the parties anticipate motion practice directed to the pleadings. The Court directed the parties to file their motions on the pleadings on a consolidated, four-brief schedule. The Court deferred discovery until after completion of the pleading stage. Time: 35 minutes. (Y,A)
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Filing 20
Status Report filed by Benedettini Cabinets, L.P.. (Attachments: #1 Pleading)(Cook, Brian)
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Filing 19
First Amended complaint against Sherwin-Williams Company. Filed by Benedettini Cabinets, L.P.. (Cook, Brian)
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Order [non-document]: On September 21, 2022, Plaintiff amended the complaint as of right. Therefore, Defendant's motion for judgment on the pleadings (ECF No. #17 ) is moot. Judge J. Philip Calabrese on 9/21/2022.(Y,A)
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Rule 502 Order [non-document]: The Court Orders that under Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. Judge J. Philip Calabrese on 9/7/2022. (R,AP)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a case management conference in person on September 7, 2022. James Collura, Justin Scott, and Brian Cook appeared for Plaintiff. Brian Troyer and Kendall Kash appeared for Defendant. The parties agree to a method for conducting discovery of ESI, which they will submit to the Court by September 8, 2022. The parties agree that they will submit a protective order for the Court's review. The Court directed Plaintiff to file an amended complaint as of right under Rule 15(a)(1)(B). The Court directed the parties to confer and submit a joint status report, no later than Friday, September 30, 2022, with their positions on proceeding with limited discovery and early Rule 56 motion(s) limited to the applicability of the 2017 Supply Agreement (ECF No. #16 ) to this dispute. The Court will hold a status conference by Zoom on Wednesday, October 5, 2022 at 12:00 P.M. The Court will issue a case management order and set a case management schedule at the status conference on October 5, 2022. (Court Reporter: None.) Time: 1 hour. (R,AP)
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Filing 18
Corporate Disclosure Statement filed by Sherwin-Williams Company. (Kash, Kendall)
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Filing 17
Motion for judgment on the pleadings filed by Defendant Sherwin-Williams Company. Related document(s) #15 , #1 . (Attachments: #1 Memorandum in Support) (Kash, Kendall s/by Brian A. Troyer). Modified on 9/6/2022, filer notified that s/signature should be same as filer (H,SP).
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Filing 16
SEALED Document: Exhibit A - Supply Agreement and Amendment filed by Sherwin-Williams Company. (Related document(s) #13 , #15 ) (Kash, Kendall). Modified on 9/2/2022, filer notified of lack of cover page with case number, case caption and signature block (H,SP).
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Filing 15
Answer to #1 Complaint filed by Sherwin-Williams Company. (Attachments: #1 Exhibit A - Supply Agreement and Amendment, #2 Exhibit B - Benedettini Case Study) (Kash, Kendall s/by Brian A. Troyer). Modified on 9/6/2022, notified filer that s/signature should be same as filer (H,SP).
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Filing 14
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Sherwin-Williams Company. (Kash, Kendall)
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Filing 13
Opinion and Order: The Court GRANTS Defendant's motion for leave to file under seal (ECF No. #12 ). The Court ORDERS Defendant to file (1) its exhibits with redactions, and (2) a second complete version under seal pursuant to Local Rule 5.2 and this Order. Also, to the extent Defendant intends to reference these materials in a motion for judgment on the pleadings, the Court AUTHORIZES the parties to file briefs and memoranda according to the terms of this Order. Judge J. Philip Calabrese on 8/26/2022.(Y,A)
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Filing 12
Motion for leave to File under Seal filed by Defendant Sherwin-Williams Company. (Attachments: #1 Affidavit Declaration of Jeff Sevcik)(Kash, Kendall)
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Filing 11
Unopposed Motion for extension of time until September 1, 2022 to answer , move, or respond to complaint filed by Defendant Sherwin-Williams Company. (Kash, Kendall)
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Order [non-document]: Defendant's motion for an extension to September 1, 2022 to answer, move, or otherwise plead in response to the complaint is unopposed and granted. Judge J. Philip Calabrese on 8/17/2022.(Y,A)
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Filing 10
Unopposed Motion for extension of time until August 22, 2022 to answer , move, or respond to Plaintiff's Complaint filed by Defendant Sherwin-Williams Company. (Kash, Kendall)
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Order [non-document]: Defendant's motion for an extension to August 22, 2022 to answer, move, or otherwise plead in response to the complaint is unopposed and granted (ECF No. #10 ). Judge J. Philip Calabrese on 6/21/2022. (Y,A)
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Filing 9
Attorney Appearance of Baker&Hostetler LLP by Kendall C. Kash, Carole S. Rendon and Brian A. Tryoer filed by on behalf of Sherwin-Williams Company. (Kash, Kendall)
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Filing 8
Case Management Conference Scheduling Order with case management conference to be held on 9/7/2022 at 3:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 6/14/2022. #1 Rule 26 Report of Parties) (Y,A)
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Filing 7
Return of Service by Attorney Certified Mail executed upon Defendant Sherwin-Williams Statutory Agent on June 9, 2022 filed on behalf of Benedettini Cabinets, L.P. (Cook, Brian)
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Filing 6
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Christopher A. Boyko on 5/10/2022. (L,Ja)
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Justin T. Scott for Benedettini Cabinets, L.P.. 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 #5 ). Judge Christopher A. Boyko on 5/10/2022.(L,Ja)
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Judge J. Philip Calabrese assigned to case. Judge Christopher A. Boyko terminated. (H,Ch)
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney James A. Collura, Jr for Benedettini Cabinets, L.P.. 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 #4 ). Judge Christopher A. Boyko on 5/10/22.(L,Ja)
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Filing 5
Motion for attorney Justin T. Scott to Appear Pro Hac Vice with Declaration of Attorney. Filing fee $ 120, receipt number AOHNDC-11410101, filed by Plaintiff Benedettini Cabinets, L.P. (Cook, Brian)
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Filing 4
Motion for attorney James A. Collura, Jr. to Appear Pro Hac Vice with Declaration of Attorney. Filing fee $ 120, receipt number AOHNDC-11410098, filed by Plaintiff Benedettini Cabinets, L.P. (Cook, Brian)
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Filing 3
Corporate Disclosure Statement filed by Benedettini Cabinets, L.P.. (Cook, Brian)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Sherwin-Williams Company (at 2 addresses). (Attachments: #1 Magistrate Consent Form). (L,MI)
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Filing 1
Complaint with jury demand against Sherwin-Williams Company. Filing fee paid $ 402, Receipt number AOHNDC-11409777. Filed by Benedettini Cabinets, L.P. (Attachments: #1 Civil Cover Sheet, #2 Summons). (Cook, Brian)
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Judge Christopher A. Boyko assigned to case. (L,MI)
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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 Thomas M. Parker. (L,MI)
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