First Brands Group, LLC v. Neenah, Inc.
| First Brands Group, LLC |
| Neenah, Inc. |
| 1:2022cv02128 |
| November 23, 2022 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Contract: Other |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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Filing 26
Transcript Request by Neenah, Inc. for proceedings held on 08/31/2023 before Judge J. Philip Calabrese, re #24 Notice of Appeal. Court Reporter: Lance Boardman. Transcript required for appeal. (Tarney, Tyler)
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Filing 25
Transcript Request by First Brands Group, LLC for proceedings held on 08/31/2023 before Judge J. Philip Calabrese, re #24 Notice of Appeal. Court Reporter: Lance Boardman. Transcript required for appeal. (Feller, Leonid)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #24 Notice of Appeal (USCA# 23-3784). Date filed in USCA 9/27/23. (H,SP)
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Filing 24
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #23 Judgment Entry of 9/18/23, filed by First Brands Group, LLC. (Filing fee $505, receipt number AOHNDC-12192571) (Feller, Leonid)
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Filing 23
Judgment Entry Terminating Case. Judge J. Philip Calabrese on September 18, 2023. (Y,A)
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Filing 22
Opinion and Order: The Court construes the cross-motions to dismiss the declaratory judgment claims as motions for judgment on the pleadings on that claim, DENIES First Brands' motion, and GRANTS IN PART AND DENIES IN PART Neenah's motion. Further, the Court GRANTS the balance of First Brands' motion to dismiss and the balance of Neenah's motion to dismiss. (ECF No. #4 ; ECF No. #11 .) Further, the Court DIRECTS the Clerk to enter judgment accordingly. Judge J. Philip Calabrese on September 18, 2023. (Y,A)
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Filing 21
Supplement to Opposition to #4 Motion to dismiss counterclaim regarding Covenant of Good Faith filed by First Brands Group, LLC. Related document(s) #12 . (Brennan, Bevin) Modified text on 9/8/2023 (M,CE).
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held oral arguments on the record on the parties cross-motions under Rule 12. Leonid Feller argued and Brian Troyer also appeared for First Brands. Brady Hagan argued and Tyler Tarney also appeared for Neenah. The Court took the matter advisement and advised counsel that it rule on September 18, 2023. (Court Reporter: Lance Boardman.) Time: 1 hour 10 minutes. (Y,A)
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Filing 20
Joint Motion to withdraw document Joint Motion to Continue the Hearing on the Parties' Motions to Dismiss filed by Counter-Defendant First Brands Group, LLC, Plaintiff First Brands Group, LLC. Related document(s) #19 . (McIntyre, Sean)
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Filing 19
WITHDRAWN per Order dated 8/25/2023. Joint Motion to continue the hearing on the parties' motions to dismiss filed by Counter-Defendant First Brands Group, LLC, Plaintiff First Brands Group, LLC. Related document(s) #18 . (McIntyre, Sean) Marked withdrawn on 8/29/2023 (M,CE).
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Order [non-document]: The Court GRANTS the joint motion to withdraw (ECF No. #20 ) and DENIES AS MOOT the motion to continue (ECF No. #19 ). Oral argument will proceed on August 31, 2023 at 2:00 p.m. in Courtroom 16B. Judge J. Philip Calabrese on August 25, 2023.(Y,A)
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Filing 18
Order: The Court schedules oral argument on the parties' motions to dismiss on August 31, 2023 at 2:00 p.m. in Courtroom 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio. (ECF No. #4 ; ECF No. #11 .) Judge J. Philip Calabrese on August 23, 2023. (Y,A)
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Filing 17
Reply in support of #11 Motion to dismiss counterclaim for failure to state a claim filed by First Brands Group, LLC. (McIntyre, Sean)
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Filing 16
Reply in support of #4 Motion to dismiss for failure to state a claim filed by Neenah, Inc.. (Attachments: #1 Exhibit A - March 2022 Escrow Negotiation Emails and Redline)(Tarney, Tyler)
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Filing 15
Opposition to #11 Motion to dismiss counterclaim for failure to state a claim filed by Neenah, Inc.. (Tarney, Tyler)
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Filing 14
Attorney Appearance by John B. Hagan filed by on behalf of Neenah, Inc.. (Hagan, John)
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Filing 13
Unopposed Motion for extension of time until 2/13/2023 to file response/reply to #4 Motion to dismiss for failure to state a claim filed by Defendant Neenah, Inc.. Related document(s) #4 . (Tarney, Tyler)
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Order [non-document]: Defendant/Counterclaim Plaintiff's motion for an extension to February 13, 2023 to file a reply in support of its motion to dismiss is unopposed and granted. Judge J. Philip Calabrese on 1/19/2023.(Y,A)
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Filing 12
Opposition to #4 Motion to dismiss for failure to state a claim and memorandum in support filed by First Brands Group, LLC. (McIntyre, Sean)
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Filing 11
Motion to dismiss counterclaim for failure to state a claim filed by Counter-Defendant First Brands Group, LLC. (Related document(s) #5 ) (McIntyre, Sean)
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Filing 10
Answer to Counterclaims and Affirmative Defenses filed by First Brands Group, LLC. Related document(s) #5 . (McIntyre, Sean)
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Filing 9
Corporate Disclosure Statement filed by First Brands Group, LLC. (McIntyre, Sean)
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Filing 8
Stipulated Motion for extension of time to respond to Defendant Neenah, Inc.'s Motion to Dismiss the Complaint, Counterclaim, and Affirmative Defenses until January 13, 2023 filed by Counter-Defendant First Brands Group, LLC, Plaintiff First Brands Group, LLC. Related document(s) #5 , #4 . (McIntyre, Sean)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Bevin Brennan for First Brands Group, LLC. Local Rule 5.1(c) requires that attorneys register forNextGen 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 previouslygranted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ) Judge J. Philip Calabrese on 12/19/2022.(R,AP)
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Order [non-document] granting motion for appearance pro hac vice by attorney Leonid Feller for First Brands Group, LLC. 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 #6 ). Judge J. Philip Calabrese on 12/19/2022.(R,AP)
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Order [non-document]: Plaintiff's #8 motion for an extension to January 13, 2023 to oppose Defendant's motion to dismiss and to answer, move, or otherwise plead in response to Plaintiff's counterclaims is unopposed and granted. Judge J. Philip Calabrese on 12/19/2022. (R,AP)
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Filing 7
Motion for attorney Bevin Brennan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11746360, filed by Counter-Defendant First Brands Group, LLC, Plaintiff First Brands Group, LLC. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission of Bevin Brennan)(McIntyre, Sean)
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Filing 6
Motion for attorney Leonid Feller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11746310, filed by Counter-Defendant First Brands Group, LLC, Plaintiff First Brands Group, LLC. (Attachments: #1 Affidavit Declaration in Support of Motion for Pro Hac Vice Admission of Leonid Feller)(McIntyre, Sean)
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Filing 5
Answer to Complaint with Jury Demand , Counterclaim against First Brands Group, LLC filed by Neenah, Inc.. (Attachments: #1 Exhibit A - 06/16/2022 Neenah Letter, #2 Exhibit B - 06/24/2022 First Brands Letter)(Tarney, Tyler) Related document #1 .
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Filing 4
Motion to dismiss for failure to state a claim and memorandum in support filed by Defendant Neenah, Inc.. (Attachments: #1 Exhibit A - 04/22/2022 Neenah Email and Redlined APA, #2 Exhibit B - 05/18/2022 First Brands Email, #3 Exhibit C - 06/13/2022 First Brands Letter)(Tarney, Tyler)
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Filing 3
Magistrate Consent Form issued. (H,Ch)
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Filing 2
Corporate Disclosure Statement identifying Corporate Parent Schweizer-Mauduit International, Inc. for Neenah, Inc. filed by Neenah, Inc. (Tarney, Tyler)
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Filing 1
Notice of Removal from Cuyahoga County Common Pleas Court, case number CV-22-970107 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11726201. Filed by Neenah, Inc. (Attachments: #1 Exhibit A - COmplaint, #2 Exhibit B - other filings, #3 Civil Cover Sheet, #4 Supplement) (Tarney, Tyler)
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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 Jennifer Dowdell Armstrong. (H,Ch)
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Judge J. Philip Calabrese assigned to case. (H,Ch)
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| Plaintiff: First Brands Group, LLC | |
| Represented By: | Brian A. Troyer |
| Represented By: | Sean E. McIntyre |
| Represented By: | Bevin Brennan |
| Represented By: | Leonid Feller |
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| Defendant: Neenah, Inc. | |
| Represented By: | Tyler G. Tarney |
| Represented By: | John B. Hagan |
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