Americon Restoration, LLC v. Brennon Rail Services, LLC et al
| Americon Restoration, LLC |
| Brennon Rail Services, LLC, Brittany Bellochio, ATP Enterprises, LLC, William Petta, Brownlee Land Ventures, LP and Marc B. Chernenko, Trustee |
| 1:2022cv01985 |
| November 3, 2022 |
| US District Court for the Northern District of Ohio |
| Donald C Nugent |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Document Text |
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| Filing 26 Answer to Complaint filed by ATP Enterprises, LLC. (Hilkert, David) |
| Filing 25 Answer to #1 Complaint, with Jury Demand filed by Brittany Bellochio, Brennon Rail Services, LLC. (Coakley, George) |
| Filing 24 Return of Service Unexecuted upon Brittany Bellochio. Attorney-in-fact, Secretary of State for the State of West Virginia accepted service of process in the name of Brittany Bellochio and on their behalf on 11/22/2022. Service was sent by certified mail (Receipt #: 9214 8901 1251 3410 0003 6406 64) by the statutory attorney-in-fact, Secretary of State for the State of West Virginia, but service packet was returned by the U.S. Postal Service with notation "Return to Sender/Not Deliverable as addressed/Unable to Forward." Related document(s) #3 . (Attachments: #1 Envelope) (Mc,K) . |
| Filing 23 Return of Service Unexecuted upon ATP Enterprises LLC. Attorney-in-fact, Secretary of State for the State of West Virginia accepted service of process in the name of ATP Enterprises, LLC and on their behalf on 11/22/2022. Service was sent by certified mail (Receipt #: 9214 8901 1251 3410 0003 6406 40) by the statutory attorney-in-fact, Secretary of State for the State of West Virginia, but service packet was returned by the U.S. Postal Service with notation "Return to Sender/Not Deliverable as addressed/Unable to Forward." Related document(s) #3 and #14 . (Attachments: #1 Envelope) (Mc,K) |
| Filing 22 Marginal Entry Order granting Defendants' #21 Motion for extension of time to answer complaint. ATP Enterprises, LLC answer due 12/30/2022; William Petta answer due 12/30/2022. Judge Donald C. Nugent on 12/14/2022. (M,S) |
| Filing 21 Motion for extension of time to answer complaint, filed by ATP Enterprises, LLC, William Petta. Related document(s) #1 . (Attachments: #1 Proposed Order). (Hilkert, David) |
| Filing 20 Attorney Appearance by David W. Hilkert filed by on behalf of ATP Enterprises, LLC, William Petta. (Hilkert, David) |
| Filing 19 Answer and affirmative defenses to #1 Complaint, with Jury Demand filed by Marc B. Chernenko, Trustee. Related document(s) #1 . (O'Brien, Melvin) |
| Filing 18 Answer and affirmative defenses to #1 Complaint, with Jury Demand filed by Brownlee Land Ventures, LP. Related document(s) #1 . (O'Brien, Melvin) |
| Filing 17 RETURNED UNEXECUTED. See #24 . Return of Service by Clerk by certified mail executed upon Brittany Bellochio, accepted by statutory attorney-in-fact, Secretary of State for the State of West Virginia who accepted service of process in their name and on their behalf on 11/22/2022, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Attachments: #1 Envelope) (Mc,K) Modified to note unexecuted on 12/28/22. (Mc,K). |
| Filing 16 Return of Service by Clerk by certified mail executed upon William Petta, accepted by statutory attorney-in-fact, Secretary of State for the State of West Virginia who accepted service of process in their name and on their behalf on 11/22/2022, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Attachments: #1 Envelope) (Mc,K) |
| Filing 15 Return of Service by Clerk by certified mail executed upon Brennon Rail Services, LLC, accepted by statutory attorney-in-fact, Secretary of State for the State of West Virginia who accepted service of process in their name and on their behalf on 11/22/2022, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Attachments: #1 Envelope) (Mc,K) |
| Filing 14 RETURNED UNEXECUTED. See #23 . Return of Service by Clerk by certified mail unexecuted upon ATP Enterprises, LLC, accepted by statutory attorney-in-fact, Secretary of State for the State of West Virginia who accepted service of process in their name and on their behalf on 11/22/2022, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Attachments: #1 Envelope) (Mc,K) Modified to note unexecuted on 12/28/2022 (Mc,K). |
Order [non-document] granting Defendants' #13 Motion for extension of time to answer. Brittany Bellochio answer due 12/30/2022; Brennon Rail Services, LLC answer due 12/30/2022. Judge Donald C. Nugent on 12/6/2022. (M,S)
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| Filing 13 Unopposed Motion for extension of deadline to respond to complaint until 12/30/22, filed by Brittany Bellochio, Brennon Rail Services, LLC. Related document(s) #1 . (Attachments: #1 Proposed Order). (Coakley, George) |
| Filing 12 Attorney Appearance by George S. Coakley filed by on behalf of Brittany Bellochio, Brennon Rail Services, LLC. (Coakley, George) |
| Filing 11 Case Management Conference Scheduling Order with case management conference on 1/11/2023 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 12/2/2022. (M,S) |
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Order [non-document] granting Defendants' #9 Unopposed Motion for extension of time to answer Plaintiff's Complaint. Brownlee Land Ventures, LP answer due 12/19/2022; Marc B. Chernenko, Trustee answer due 12/19/2022. Judge Donald C. Nugent on 11/30/2022. (M,S)
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| Filing 10 Proposed Order Granting Motion for Extension of Deadline to Answer Plaintiff's Complaint filed by Brownlee Land Ventures, LP, Marc B. Chernenko, Trustee. Related document(s) #9 . (O'Brien, Melvin) |
| Filing 9 Unopposed Motion for extension of time until December 19, 2022 to answer Plaintiff's Complaint, filed by Brownlee Land Ventures, LP, Marc B. Chernenko, Trustee. Related document(s) #1 . (O'Brien, Melvin) |
| Filing 8 Return of Service by Clerk unexecuted upon Brennon Rail Services LLC. Envelope returns the reason as: "Attempted - Not Known". Service attempted by certified mail filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Mc,K) |
| Filing 7 Return of Service by Clerk unexecuted upon Brittany Bellochio. Service attempted by Certified Mail on 11/11/2022, marked 'attempted-not known, unable to forward', filed on behalf of Americon Restoration, LLC Related document(s) #3 . (F,AW) |
| Filing 6 Return of Service by Clerk unexecuted upon William Petta. Service attempted by Certified Mail on 11/11/2022, marked 'attempted-not known, unable to forward', filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (F,AW) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Marc B. Chernenko, Trustee on 11/7/2022, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (F,AW) |
| Filing 4 Return of Service by Clerk by certified mail executed upon Brownlee Land Ventures, LP on 11/7/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Americon Restoration, LLC. Related document(s) #3 . (Mc,K) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon ATP Enterprises, LLC, Brittany Bellochio, Brennon Rail Services, LLC, Brownlee Land Ventures, LP, Marc B. Chernenko, Trustee and William Petta. (Attachments: #1 Magistrate Consent Form). (L,MI) |
| Filing 2 Corporate Disclosure Statement filed by Americon Restoration LLC. (McIntyre, Robert) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $402.00. Receipt number AOHNDC-11695334. Filed by Americon Restoration, LLC. (Attachments: #1 Exhibit A - Promissory Note, #2 Exhibit B - Deed of Trust, #3 Exhibit C - Images, #4 Exhibit D - Contract, #5 Exhibit E - Summary of Activity, #6 Civil Cover Sheet, #7 Summons x6). (McIntyre, Robert) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to William Petta placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5746. (Mc,K) |
| 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. (L,MI) |
| Judge Donald C. Nugent assigned to case. (L,MI) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to Marc B. Chernenko, Trustee placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5760. (Mc,K) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to Brownlee Land Ventures, LP placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5753. (Mc,K) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to Brennon Rail Services, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5715. (Mc,K) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to Brittany Bellochio placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5722. (Mc,K) |
| Service by Clerk. Summons, Complaint and Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference addressed to ATP Enterprises, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 2970 0001 6613 5739. (Mc,K) |
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