Boyko et al v. Eagles Nest Outfitters, Inc. et al
| Timothy A. Boyko and Joseph J Scaravilli |
| Field & Stream Supply, Inc., Camp Planner International Co. Ltd. and Hudson D. Fowler, IV |
| Heidi F Scaravilli |
| Eagles Nest Outfitters, Inc. |
| Dicks Sporting Goods, Inc. d/b/a or a/k/a Field and Stream and/or DSG Direct |
| 1:2022cv01322 |
| July 26, 2022 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Response to to September 8, 2022 Order filed by All Plaintiffs. (Flowers, Paul) Modified text on 9/23/2022 (M,CE). |
| Filing 14 Reply in support of #9 Motion to remand to State Court with request for legal fees and expenses filed by All Plaintiffs. (Flowers, Paul) |
| Filing 13 Answer to Dick's Sporting Goods, Inc.'s Cross-Claim filed by Eagles Nest Outfitters, Inc.. Related document(s) #8 . (Hong, Laura) |
Order [non-document] Plaintiffs must file a reply to defendant's opposition to plaintiffs motion for remand [ECF Doc. #12 ] on or before 12:00 p.m., noon, on September 23, 2022. Plaintiffs' reply must identify Defendant Fowler's actions or inactions which allegedly caused harm and the names of any and all beneficiaries of the estates of Decedents Scout and Chasey. Entered on behalf of Judge Dan Aaron Polster on 9/8/2022. (K,K)
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| Filing 12 Opposition to #9 Motion to remand to State Court with request for legal fees and expenses filed by Eagles Nest Outfitters, Inc.. (Hong, Laura) |
| Filing 11 Answer to Complaint (Related Doc #1 ) filed by Hudson D. Fowler, IV. (Krol, Jonathan) |
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Order. [non-document] The Motion for Leave to File Motion to Dismiss Instanter #10 is hereby denied without prejudice. Plaintiffs earlier moved to remand this matter to state court #9 and contend that the Court lacks subject matter jurisdiction. Accordingly, the Court declines to accept any dispositive motions from the parties until the remand motion is resolved, and Plaintiffs' deadline to file a responsive pleading to the counterclaim is further stayed until a ruling on the remand motion is issued. Should the remand motion be denied, Plaintiffs may renew their request to file a motion to dismiss the counterclaim. This order does not alter the Courts previous order directing Defendant Fowler to file his answer by September 1, 2022. Entered on behalf of Judge Dan Aaron Polster on 8/30/2022. (M,CE)
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Order. [non-document] The Court hereby issues the following briefing schedule for the Motion to Remand #9 . Defendants' response briefs are due no later than 4 p.m. on September 8, 2022, and Plaintiffs' reply brief is due no later than 4 p.m. on September 15, 2022. Entered on behalf of Judge Dan Aaron Polster on 8/30/2022. (M,CE)
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| Filing 10 Motion for leave to file Motion to Dismiss Instanter filed by Heidi F Scaravilli, Joseph J Scaravilli. Related document(s) #6 . (Attachments: #1 Pleading Plaintiffs Joseph and Heidi Scaravillis' Motion to Dismiss Counterclaim)(Bashein, W.) |
| Filing 9 Motion to remand to State Court with request for legal fees and expenses, with memorandum in support filed by Timothy A. Boyko, Timothy A. Boyko, Heidi F Scaravilli, Joseph J Scaravilli. (Flowers, Paul) |
| Filing 8 Answer to Complaint with Jury Demand and, Crossclaim against Camp Planner International Co. Ltd., Eagles Nest Outfitters, Inc. filed by Dicks Sporting Goods, Inc.. (Attachments: #1 Exhibit A - Camp Planner Vendor Agreement, #2 Exhibit B - ENO Vendor Agreement)(Hamilton, Brooke) |
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Order [non-document] granting Defendant Fowler's Unopposed Motion for leave To Respond To Plaintiffs' Complaint on or before September 1, 2022 (Related Doc #7 ). Signed by Judge Dan Aaron Polster on 8/5/2022.(K,K)
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| Filing 7 Unopposed Motion for leave for 28 days To Respond To Plaintiffs' Complaint filed by Defendant Hudson D. Fowler, IV. (Krol, Jonathan) Modified text on 8/5/2022 (M,CE). |
| Filing 6 Answer to Complaint with Jury Demand , Counterclaim against the Parents Heidi F Scaravilli, Joseph J Scaravilli filed by Eagles Nest Outfitters, Inc.. (Attachments: #1 Exhibit A-First Lawsuit, #2 Exhibit B-Parents' Admissions, #3 Exhibit C-Response, #4 Exhibit D-Journal Entry)(Hong, Laura) |
| Filing 5 Supplement to Corporate Disclosure Statement - Corporate Disclosure Statement correcting court name only, filed by Eagles Nest Outfitters, Inc.. Related document(s) #2 . (Hong, Laura) |
| Filing 4 Supplement to Notice of Removal,, - Notice of Removal correcting court name only, filed by Eagles Nest Outfitters, Inc.. Related document(s) #1 . (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Plaintiffs' State Court Complaint, #3 Exhibit B-First Lawsuit Complaint, #4 Exhibit C-Parents' Answer First Lawsuit, #5 Exhibit D-Parents' Response First Lawsuit, #6 Exhibit E-Order Granting 12(C) Motion First Lawsuit, #7 Exhibit F-Cuyahoga County Docket 7-26-22, #8 Exhibit G-Dicks Sporting Consent to Removal, #9 Exhibit H-State Court Documents, #10 Exhibit I-Opinion and Order First Lawsuit)(Hong, Laura) |
| Filing 3 Magistrate Consent Form issued. (H,Ch) |
| Judge Dan Aaron Polster assigned to case. (H,Ch) |
| 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. (H,Ch) |
| Filing 2 Corporate Disclosure Statement filed by Eagles Nest Outfitters, Inc.. (Hong, Laura) |
| Filing 1 Notice of Removal from Cuyahoga County, Ohio Court of Common Pleas, case number CV-22-964720 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11538532. Filed by Eagles Nest Outfitters, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Plaintiffs' State Court Complaint, #3 Exhibit B-First Lawsuit Complaint, #4 Exhibit C-Parents' Answer First Lawsuit, #5 Exhibit D-Parents' Response First Lawsuit, #6 Exhibit E-Order Granting 12(C) Motion First Lawsuit, #7 Exhibit F-Cuyahoga County Docket 7-26-22, #8 Exhibit G-Dicks Sporting Consent to Removal, #9 Exhibit H-State Court Documents, #10 Exhibit I-Opinion and Order First Lawsuit) (Hong, Laura) |
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