Doe 1 v. Varsity Brands, LLC et al
| John Doe and John Doe 1 |
| Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Brands Holding Company, Inc., U.S. All Star Federation, Inc. dba U.S. All Star Federation, USA Federation for Sport Cheering dba USA Cheer, Charlesbank Capital Partners, LP, Bain Capital, LP, Jeff Webb, Taji Davis, Brandon Hale, ShowPro Choreography, U.S. All Star Federation, Inc. doing business as U.S. All Star Federation and USA Federation for Sport Cheering doing business as USA Cheer |
| 1:2022cv02139 |
| November 28, 2022 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Other Statutory Actions |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 113
Plaintiff's Memorandum in Support of Motion to Alter or Amend Judgment filed by All Plaintiffs. Related document(s) #112 .(Weaver, Chelsea)
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Filing 112
Motion to alter/amend judgment filed by Plaintiff John Doe 1. Related document(s) #111 . (Weaver, Chelsea)
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Order [non-document] Plaintiff is directed to serve a copy of his Motion to Alter/Amend Judgment and Brief in Support (Doc. Nos. #111 , #112 ) via ordinary mail on Defendant Brandon Hale. Judge Pamela A. Barker on 8/29/2023. (P,K)
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Filing 111
Judgment Entry: For the reasons stated in the Memorandum Opinion filed contemporaneously herewith, Defendants Charlesbank Capital Partners, LP's, Bain Capital LP's, and Jeff Webb's Motions to Dismiss (Doc. Nos. #53 , #54 , and #56 ) are GRANTED. Additionally, for the reasons stated in the Memorandum Opinions filed contemporaneously herewith, Defendants Varsity Spirit, LLC's, Varsity Brands, LLC's and Varsity Brands Holding Company's, USA Federation for Sport Cheering's, U.S. All Star Federation's, and Taji Davis's Motions to Dismiss (Doc. Nos. #47 , #48 , #51 , #58 , and #98 ) are GRANTED as to Counts 1 and 2 and DENIED as to Doe's remaining state-law claims. The Court also sets aside the entry of default as to Defendants Brandon Hale and ShowPro Choreography and dismisses Doe's Counts 1 and 2 against Hale and ShowPro. The Court DECLINES to exercise supplemental jurisdiction over Doe's remaining state-law claims against Varsity Spirit, Varsity Brands, Varsity Holding, USA Cheer, USASF, Davis, Hale, and ShowPro. The case is hereby TERMINATED. Judge Pamela A. Barker on 8/2/2023. (P,K)
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Filing 110
Memorandum Opinion and Order: For the reasons set forth herein, Taji Davis's Motion to Dismiss (Doc. No. #98 ) is GRANTED IN PART and DENIED IN PART. The Court DECLINES to exercise supplemental jurisdiction over Doe's remaining state law claims against Davis. Additionally, the Court sets aside the entry of default as to Defendants Brandon Hale and ShowPro Choreography and DISMISSES Doe's Counts 1 and 2 against Hale and ShowPro. The Court DECLINES to exercise supplemental jurisdiction over Doe's remaining state law claims against Hale and ShowPro. Judge Pamela A. Barker on 8/2/2023.(P,K)
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Filing 109
Memorandum Opinion and Order: For the reasons set forth herein, Charlesbank's, Bain's, and Webb's Motions to Dismiss (Doc. Nos. #53 , #54 , and #56 ) are GRANTED. Judge Pamela A. Barker on 8/2/2023. (P,K)
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Filing 108
Memorandum Opinion and Order: For the reasons set forth herein, Varsity Spirit's, Varsity Brand's and Varsity Holding's, USA Cheer's, and USASF's Motions to Dismiss (Doc. Nos. #47 , #48 , #51 , and #58 ) are GRANTED IN PART and DENIED IN PART. The Court DECLINES to exercise supplemental jurisdiction over Doe's remaining state law claims. Judge Pamela A. Barker on 8/2/2023. (P,K)
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Copy of #110 Order on Motion to dismiss for failure to state a claim and #111 Order Dismissing Case mailed to ShowPro Choreography 217 Morgan Place High Point, NC 27260-3742 and Brandon Hale Apt. 34 3602 McCuiston Road Greensboro, NC 27407-7509 on 8/2/2023. (P,K)
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Filing 107
Notice of Supplemental Authority filed by Jeff Webb. (Attachments: #1 Exhibit A - Opinion & Order Case No. 6:22-2957-HMH (D.S.C.), #2 Exhibit B - Opinion & Order Case No. 6:22-03508-HMH (D.S.C.), #3 Exhibit C - Opinion & Order Case No. 6:22-03509-HMH (D.S.C.), #4 Exhibit D - Opinion & Order Case No. 6:22-03510-HMH (D.S.C.)). (Related document(s) #54 ) (Huggins, Emily)
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Filing 106
Reply in support of #98 Motion to dismiss for failure to state a claim combined under Civ. R. 12 (b)(6) and Civ. Rule 8 (A)(2) filed by Taji Davis. (Conway, Michael)
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Filing 105
Motion for attorney Ashley P. Cuttino to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12081822, filed by Defendant Varsity Spirit, LLC. (Attachments: #1 Exhibit A - Certificates of Good Standing)(Bennett, Rebecca)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Ashley P. Cuttino for Varsity Spirit, 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 #105 ). Judge Pamela A. Barker on 7/12/2023.(P,K)
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Filing 104
Notice of Substitution of Counsel removing attorney Bruce G. Hearey and adding attorney Rebecca J. Bennett filed by on behalf of Varsity Spirit, LLC. (Bennett, Rebecca)
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Filing 103
Notice of Withdrawal of Notice of Substitution of Counsel for Defendants Varsity Brands, LLC, Varsity Spirit, LLC and Varsity Brands Holding Company, Inc. filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC, Varsity Spirit, LLC. Related document(s) #102 .(Bennett, Rebecca)
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Filing 102
Notice of Substitution of Counsel removing attorney Bruce G. Hearey and adding attorney Rebecca J. Bennett filed by on behalf of Varsity Brands Holding Company, Inc., Varsity Brands, LLC, Varsity Spirit, LLC. (Bennett, Rebecca)
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Copy of #97 Notice of Entry of Default mailed to Brandon Hale 3607 McCuiston Road, Apt. 34 Greensboro, North Carolina 27407 on 7/11/2023. (P,K)
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Filing 101
Returned Mail addressed to Party Brandon Hale, marked 'Return to Sender, Not Deliverable as Addressed, Unable to Forward'. Related document(s) #97 . (Mc,K)
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Filing 100
Opposition to #98 Motion to dismiss for failure to state a claim combined under Civ. R. 12 (b)(6) and Civ. Rule 8 (A)(2) filed by All Plaintiffs. (Weaver, Chelsea)
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Filing 99
Notice of Supplemental Authority filed by Bain Capital, LP, Charlesbank Capital Partners, LP. (Attachments: #1 Exhibit A - Order (22-cv-02957), #2 Exhibit B - Order (22-cv-03508), #3 Exhibit C - Order (22-cv-03509), #4 Exhibit D - Order (22-cv-03510). (Related document(s) #56 , #53 ) (Weber, Ethan)
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Order: [non-document] On 2/21/2023, the parties were ordered to provide the Court with hard copies of all briefing to assist the Court's review of the pending motions in this case no later than 4/21/2023. Defendants Jeff Webb and USA Cheer failed to provide any hard copies of their motions to dismiss and replies. Accordingly, Defendants Webb and USA Cheer are ordered to submit hard copies of all briefing and any exhibits associated therewith to the Court no later than close of business on 6/13/2023. Webb's and USA Cheer's hard copies should be labeled, three holed punched, tabulated, and placed into binders to facilitate the Court's review. Judge Pamela A. Barker on 6/12/2023. (P,K)
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Order [non-document] In light of the 6/5/2023 order by the Judicial panel on Multidistrict Litigation denying transfer of the instant matter into a centralized multidistrict litigation, Plaintiff's Motion for Stay Pending the JPML Ruling on Consolidation (Doc. #66 ) is denied. Judge Pamela A. Barker on 6/6/2023.(P,K)
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Filing 98
Motion to dismiss for failure to state a claim combined under Civ. R. 12 (b)(6) and Civ. Rule 8 (A)(2) filed by Defendant Taji Davis. Related document(s) #1 . (Conway, Michael)
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Filing 97
Default Entered on 5/31/2023 against Defendants Brandon Hale and ShowPro Choreography. Sandy Opacich, Clerk by Kimberly Perhacs, Deputy Clerk. (P,K)
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Copy of #97 Default Entered mailed to Brandon Hale Apt. 34 3602 McCuiston Road Greensboro, NC 27407-7509 on 5/31/2023. (P,K)
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Copy of #97 Default Entered mailed to ShowPro Choreography 217 Morgan Place High Point, NC 27260-3742 on 5/31/2023. (P,K)
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Filing 96
Application to Enter default as to Defendants Brandon Hale and ShowPro Choreography filed by Plaintiff John Doe 1. Related document(s) #93 . (Attachments: #1 Exhibit A - Affidavit of Jessica Fickling, #2 Exhibit B - Military Affidavit)(Weaver, Chelsea) Modified text on 5/31/2023 (H,Ch).
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Order [non-document] Defendant Taji Davis's Motion for Extension of Time to Answer or otherwise move or plead to Complaint (Doc. No. #95 ) is granted. Answer due 6/5/2023. Judge Pamela A. Barker on 5/30/2023.(P,K)
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Filing 95
Motion for extension of time until June 5, 2023 to answer or otherwise move or plead to Complaint filed by Defendant Taji Davis. (Conway, Michael)
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Filing 94
Attorney Appearance by Michael T. Conway filed on behalf of Taji Davis. (Conway, Michael)
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Filing 93
Order to Show Cause. Judge Pamela A. Barker on 5/16/2023. (P,K)
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Filing 92
Notice of Withdrawal of Counsel filed by USA Federation for Sport Cheering. (Remington, Royce)
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Filing 91
Reply in support of #58 Motion to dismiss for failure to state a claim filed by U.S. All Star Federation, Inc.. (Leister, Daniel)
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Filing 90
Letter re Status of MDL filed by John Doe 1. (Attachments: #1 Exhibit Notice of Hearing in MDL)(Weaver, Chelsea)
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Filing 89
Reply in support of #56 Motion to dismiss for lack of jurisdiction, and Motion to dismiss for failure to state a claim filed by Bain Capital, LP. (Weber, Ethan)
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Filing 88
Reply in support of #53 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by Charlesbank Capital Partners, LP. (Merical, Joseph)
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Filing 87
Reply in support of #48 Motion to dismiss for failure to state a claim filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Hartman, Ruth)
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Filing 86
Reply in support of #47 Motion to dismiss Complaint filed by Varsity Spirit, LLC. (Hearey, Bruce)
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Filing 85
Reply in support of #54 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by Jeff Webb. (Gaffney, Brendan)
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Filing 84
Reply in support of #51 Motion to dismiss #1 complaint filed by USA Federation for Sport Cheering. (Remington, Royce)
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Filing 83
Reply to response to #66 Motion to stay pending the JPML Ruling on Consolidation filed by John Doe 1. (Weaver, Chelsea)
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Filing 82
Opposition to #58 Motion to dismiss for failure to state a claim filed by John Doe 1. (Weaver, Chelsea)
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Filing 81
Joint Response to #66 Motion to stay pending the JPML Ruling on Consolidation filed by Bain Capital, LP. (McCaffrey, John)
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Filing 80
Opposition to #66 Motion to stay pending the JPML Ruling on Consolidation filed by Jeff Webb. (Gaffney, Brendan)
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Filing 79
Response to #66 Motion to stay pending the JPML Ruling on Consolidation filed by U.S. All Star Federation, Inc.. (Attachments: #1 Exhibit A - Opposition to Motion to Transfer) (Leister, Daniel)
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Filing 78
Opposition to #66 Motion to stay pending the JPML Ruling on Consolidation filed by USA Federation for Sport Cheering. (Remington, Royce)
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Filing 77
Opposition to #56 Motion to dismiss for lack of jurisdiction, and Motion to dismiss for failure to state a claim filed by John Doe 1. (Weaver, Chelsea)
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Filing 76
Opposition to #53 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by John Doe 1. (Weaver, Chelsea)
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Filing 75
Opposition to #54 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by John Doe 1. (Weaver, Chelsea)
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Filing 74
Opposition to #51 Motion to dismiss #1 complaint filed by John Doe 1. (Attachments: #1 Exhibit Amended and Restated Bylaws of USA Federation for Sport Cheering)(Weaver, Chelsea)
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Filing 73
Opposition to #48 Motion to dismiss for failure to state a claim filed by John Doe 1. (Weaver, Chelsea)
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Filing 72
Opposition to #47 Motion to dismiss Complaint and Memorandum in Support filed by John Doe 1. (Weaver, Chelsea)
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Filing 71
Service by Clerk. Summons and Complaint addressed to Taji Davis, Brandon Hale and ShowPro Choreography placed in U.S. Mail. Type of service: ordinary mail. (B,DL)
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Filing 70
Request to Clerk for service upon Taji Davis, Brandon Hale, ShowPro Choreography by ordinary mail. filed by John Doe 1. (Attachments: #1 Certificate of Mailing)(Weaver, Chelsea)
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Filing 69
Alias Summons issued to counsel for service upon Defendant's Brandon Hale and ShowPro Choreography. (S,T)
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Filing 68
Praecipe for issuance of Alias Summons ShowPro Choreography filed by John Doe 1. (Attachments: #1 Summons to ShowPro Choreography) (Weaver, Chelsea)
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Filing 67
Praecipe for issuance of Alias Summons Brandon Hale filed by John Doe 1. (Attachments: #1 Summons to Brandon Hale) (Weaver, Chelsea)
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Filing 66
Motion to stay pending the JPML Ruling on Consolidation filed by Plaintiff John Doe 1. (Attachments: #1 Exhibit A - MDL Motion, #2 Exhibit B - Schedule of Actions)(Weaver, Chelsea)
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Filing 65
Return of Service unexecuted upon Brandon Hale. Service attempted by Sheriff Service on 02/21/2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Filing 64
Response to Order to Show Cause and Request for Ordinary Mail Service filed by John Doe 1. Related document(s) #57 . (Weaver, Chelsea)
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Filing 63
Return of Service unexecuted upon ShowPro Choreography. Service attempted by Personal Service on February 10, 2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Filing 62
Return of Service unexecuted upon ShowPro Choreography. Service attempted by Personal Service on February 9, 2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Filing 61
Return of Service unexecuted upon Taji Davis. Service attempted by Personal Service on February 9, 10, 11, 2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Filing 60
Return of Service unexecuted upon Brandon Hale. Service attempted by Personal Service on February 10, 2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Filing 59
Return of Service unexecuted upon Brandon Hale. Service attempted by Personal Service on February 9, 2023 filed on behalf of John Doe 1 (Weaver, Chelsea)
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Order [non-document] The Court has reviewed the plaintiff's response to the Court's Order to Show Cause (Doc. #64 ). Therein, Plaintiff requests leave to serve the summons and complaint on Defendants Brandon Hale, Taji Davis, and ShowPro Choreography by ordinary mail, as contemplated by Local Rule 4.2 and Ohio R. Civ. P. 4.6(c), and for a 45 day extension in which to perfect such service. The Court concludes Plaintiff's response resolves the Court's 3/1/2023 Order to Show Cause. For good cause shown, the Court will allow Plaintiff to serve Defendants Hale, Davis, and ShowPro Choreography by ordinary U.S. Mail as contemplated by Local Rule 4.2 and Ohio R. Civ. P. 4.6(c). Plaintiff has 45 days from the date of this Order to perfect such service. Judge Pamela A. Barker on 3/9/2023. (P,K)
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Filing 58
Motion to dismiss for failure to state a claim filed by Defendant U.S. All Star Federation, Inc.. (Attachments: #1 Memorandum in Support) (Leister, Daniel)
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Filing 57
Order to Show Cause for failure to serve Defendants Taji Davis, Brandon Hale, and ShowPro Choreography. Judge Pamela A. Barker on 3/1/2023. (P,K)
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Order [non-document] ] granting U.S. All Star Federation, Inc.'s joint motion for extension in part. U.S. All Star Federation, Inc.s motion to dismiss is due no later than 12 p.m. on 3/1/2023. Plaintiff's opposition shall be due by 4/3/2023. U.S. All Star Federation, Inc.'s reply shall be due by 4/14/2023. Judge Pamela A. Barker on 2/27/2023.(P,K)
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Filing 56
Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim filed by Defendant Bain Capital, LP. Related document(s) #1 . (Attachments: #1 Brief in Support Brief in Support of Motion to Dismiss)(Weber, Ethan)
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Filing 55
Corporate Disclosure Statement filed by Bain Capital, LP. (Weber, Ethan)
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Filing 54
Motion to dismiss for failure to state a claim , Motion to dismiss for lack of jurisdiction filed by Defendant Jeff Webb. (Attachments: #1 Brief in Support, #2 Exhibit A - Press Release, #3 Exhibit B - Press Release, #4 Affidavit Declaration of Jeff Webb)(Huggins, Emily)
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Filing 53
Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by Defendant Charlesbank Capital Partners, LP. (Related document(s) #1 ). (Attachments: #1 Memorandum in Support) (Merical, Joseph)
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Filing 52
Joint Motion for extension of Response Deadline until March 3, 2023, filed by Defendant U.S. All Star Federation, Inc.. (Related document(s) #1 ). (Attachments: #1 Proposed Order) (Leister, Daniel)
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Filing 51
Motion to dismiss #1 complaint filed by Defendant USA Federation for Sport Cheering. (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Exhibit A - Proposed Order)(Remington, Royce)
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Filing 50
Motion for attorney Katherine Fell to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11858309, filed by Defendant Charlesbank Capital Partners, LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Sarkar, Richik)
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Filing 49
Motion for attorney Scott Edelman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11858259, filed by Defendant Charlesbank Capital Partners, LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Sarkar, Richik)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Katherine K. Fell for Charlesbank Capital Partners, LP. 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 #50 ). Judge Pamela A. Barker on 2/24/2023.(P,K) Modified on 2/24/2023 (P,K).
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Order [non-document] granting Motion for appearance pro hac vice by attorney Kathryn Bonacorsi for Bain Capital, LP. 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 #44 ). Judge Pamela A. Barker on 2/24/2023.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Diane M. Doolittle for Bain Capital, LP. 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 #46 ). Judge Pamela A. Barker on 2/24/2023.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Scott A. Edelman for Charlesbank Capital Partners, LP. 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 #49 ). Judge Pamela A. Barker on 2/24/2023.(P,K) Modified on 2/24/2023 (P,K).
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Order [non-document] granting Motion for appearance pro hac vice by attorney Josef Ansorge for Bain Capital, LP. 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 #45 ). Judge Pamela A. Barker on 2/24/2023.(P,K)
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Filing 48
Motion to dismiss for failure to state a claim filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. Related document(s) #1 . (Attachments: #1 Brief in Support)(Hartman, Ruth)
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Filing 47
Motion to dismiss Complaint and Memorandum in Support filed by Defendant Varsity Spirit, LLC. Related document(s) #1 . (Hearey, Bruce)
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Filing 46
Motion for attorney Diane M. Doolittle to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11856713, filed by Defendant Bain Capital, LP. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice)(Weber, Ethan) Modified on 2/24/2023 (Mc,K).
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Order [non-document]granting Motion for appearance pro hac vice by attorney Manisha M. Sheth for Bain Capital, LP. 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 #43 ). Judge Pamela A. Barker on 2/23/2023.(P,K)
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Filing 45
Motion for attorney Josef Teboho Ansorge to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11852851, filed by Defendant Bain Capital, LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Weber, Ethan)
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Filing 44
Motion for attorney Kathryn Delveaux Bonacorsi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11852849, filed by Defendant Bain Capital, LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Weber, Ethan)
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Filing 43
Motion for attorney Manisha M. Sheth to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11852847, filed by Defendant Bain Capital, LP. (Attachments: #1 Affidavit of Good Standing of Manisha M. Sheth)(Weber, Ethan) Modified on 2/23/2023 (Mc,K).
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Order [non-document] To assist in the Court's review of Defendants' Motions, Plaintiff's Oppositions, and Defendants' Replies, the parties are directed to provide separate hard copies of all briefing and any exhibits associated therewith to the Court. These hard copies should be labeled, three holed punched, tabulated, and placed into binders to facilitate the Court's review. The parties shall submit all hard copies to Chambers 16A by close of business on Friday, April 21, 2023. Judge Pamela A. Barker on 2/21/2023. (P,K)
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Filing 42
Joint Motion for leave to exceed page limitations filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Hartman, Ruth)
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Order [non-document] granting (Doc. No. #42 ) Joint Motion for leave to exceed page limitations. Judge Pamela A. Barker on 2/17/2023.(P,K)
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Filing 41
Notice of Substitution of Counsel removing attorney Corey Thrush and adding attorney Bruce G. Hearey filed by on behalf of Varsity Spirit, LLC. (Hearey, Bruce)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Helen Gugel for Varsity Brands Holding Company, Inc.,Helen Gugel for Varsity Brands, 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 #39 ). Judge Pamela A. Barker on 2/13/2023.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Robert G Jones for Varsity Brands Holding Company, Inc.,Robert G Jones for Varsity Brands, 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 #38 ). Judge Pamela A. Barker on 2/13/2023.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Leon Kotlyar for Varsity Brands Holding Company, Inc.,Leon Kotlyar for Varsity Brands, 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 #40 ). Judge Pamela A. Barker on 2/13/2023.(P,K)
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Filing 40
Motion for attorney Leon Kotlyar to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11836300, filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Hartman, Ruth)
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Filing 39
Motion for attorney Helen Gugel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11836288, filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Hartman, Ruth)
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Filing 38
Motion for attorney Robert G. Jones to Appear Pro Hac Vice. Filing fee $ 120, receipt number BOHNDC-11836265, filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Hartman, Ruth)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Paul E. Coggins for Jeff Webb. 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 #32 ). Judge Pamela A. Barker on 2/10/2023.(P,K)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Brendan P. Gaffney for Jeff Webb. 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 #33 ). Judge Pamela A. Barker on 2/10/2023.(P,K)
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Filing 37
Return of Service by Clerk unexecuted upon ShowPro Choreography. Service attempted by certified mail (Receipt #: 7022 2410 0002 5762 8857) filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 36
Attorney Appearance by Ethan W. Weber filed by on behalf of Bain Capital, LP. (Weber, Ethan)
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Filing 35
Attorney Appearance by John F. McCaffrey filed by on behalf of Bain Capital, LP. (McCaffrey, John)
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Filing 34
Joint Motion to Increase Page Limitations for Briefing Due Pursuant to Stipulated Briefing Schedule filed by Defendant USA Federation for Sport Cheering. (Remington, Royce)
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Order [non-document] granting (Doc. No. #34 ) Joint Motion for Leave to exceed page limitations for briefing due pursuant to stipulated briefing schedule. Judge Pamela A. Barker on 2/9/2023.(P,K)
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Filing 33
Motion for attorney Brendan P. Gaffney to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11832378, filed by Defendant Jeff Webb. (Attachments: #1 Exhibit Certificate of Good Standing)(Huggins, Emily) Modified on 2/9/2023 (Mc,K).
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Filing 32
Motion for attorney Paul E. Coggins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11832377, filed by Defendant Jeff Webb. (Attachments: #1 Exhibit Certificate of Good Standing)(Huggins, Emily) Modified on 2/9/2023 (Mc,K).
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Filing 31
Attorney Appearance by Emily S. Huggins filed by on behalf of Jeff Webb. (Huggins, Emily)
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Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for "guidance" or "clarification" regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the "status" of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 2/1/2023. (P,K)
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Order [non-document] Joint Motion to Set Stipulated Briefing Schedule in Response to Plaintiff's Complaint (Doc. No. #30 ) is GRANTED. Judge Pamela A. Barker on 1/25/2023.(P,K)
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Filing 30
Joint Motion for extension of time to Set Stipulated Briefing Schedule filed by Defendant U.S. All Star Federation, Inc.. (Leister, Daniel)
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Filing 29
Corporate Disclosure Statement filed by USA Federation for Sport Cheering. (Remington, Royce)
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Filing 28
Corporate Disclosure Statement filed by Charlesbank Capital Partners, LP. (Sarkar, Richik)
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Filing 27
Attorney Appearance by Richik Sarkar and Joseph K. Merical filed by on behalf of Charlesbank Capital Partners, LP. (Sarkar, Richik)
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Filing 26
Corporate Disclosure Statement filed by Varsity Brands Holding Company, Inc.. (Hartman, Ruth)
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Filing 25
Corporate Disclosure Statement filed by Varsity Brands, LLC. (Hartman, Ruth)
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Notice by Clerk that Varsity Brands Holding Company, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,SP)
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Filing 24
Return of Service by Clerk unexecuted upon Taji Davis. Service attempted by certified mail filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 23
Joint Motion to Set Stipulated Briefing Schedule in Response to Plaintiff's Complaint filed by Defendant USA Federation for Sport Cheering. (Attachments: #1 Proposed Order)(Remington, Royce)
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Order [non-document] The Joint Motion of Defendant USA Federation for Sport Cheering for a Stipulated Briefing Schedule (Doc. No. #23 ) is unopposed and granted. Defendant USA Federation for Sport Cheering shall have until February 24, 2023 to answer or otherwise move in response to the Complaint. Plaintiff shall oppose any motions filed by Defendant USA Federation for Sport Cheering in response to the Complaint on or before March 24, 2023. Defendant shall reply in support of any Motion in response to the Complaint on or before April 7, 2023. Judge Pamela A. Barker on 12/29/2022.(P,K)
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Filing 22
Return of Service by Clerk unexecuted upon Brandon Hale. Service attempted by Certified Mail on 12/17/2022 filed on behalf of John Doe. Related document(s) #2 . (F,ML)
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Order [non-document] The Joint Motion of Defendants Varsity Brands, LLC, Varsity Brands Holding Company, Inc., Varsity Spirit, LLC, Bain Capital, LP, Charlesbank Capital Partners, LP, and Jeff Webb ("Moving Defendants") for a Stipulated Briefing Schedule (Doc. No. #21 ) is unopposed and granted. The Moving Defendants shall have until February 24, 2023 to answer or otherwise move in response to the Complaint. Plaintiff shall oppose any motions filed by the Moving Defendants in response to the Complaint on or before March 24, 2023. The Moving Defendants shall reply in support of any Motion in response to the Complaint on or before April 7, 2023. Judge Pamela A. Barker on 12/27/2022.(P,K)
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Filing 21
Joint Motion for extension of time filed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Proposed Order)(Hartman, Ruth)
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Filing 20
Attorney Appearance of Carole S. Rendon, Ruth E. Hartman and Kendall C. Kash by Ruth E. Hartman filed by on behalf of Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Hartman, Ruth)
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Filing 19
Attorney Appearance by Caroline R. Hamilton filed by on behalf of USA Federation for Sport Cheering. (Hamilton, Caroline)
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Filing 18
Attorney Appearance by Charles W. Pugh filed by on behalf of USA Federation for Sport Cheering. (Pugh, Charles)
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Filing 17
Proposed Stipulation for Extension of Deadline to Respond for Defendant USA Federation for Sport Cheering dba USA Cheer filed by USA Federation for Sport Cheering. (Remington, Royce)
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Filing 16
Attorney Appearance by Royce R. Remington filed by on behalf of USA Federation for Sport Cheering. (Remington, Royce)
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Filing 15
Return of Service by Clerk by certified mail executed upon Bain Capital, LP on 12/12/2022, filed on behalf of John Doe. Related document(s) #2 . (F,ML)
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Order [non-document] as to (Doc. No. #17 ) Proposed Stipulation for Extension of Deadline to Respond for Defendant USA Federation for Sport Cheering dba USA Cheer. Defendant shall have until and through January 18, 2023 to answer, plead or otherwise respond to Plaintiff's Complaint. Judge Pamela A. Barker on 12/20/2022. (P,K)
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Filing 14
Return of Service by Clerk by certified mail executed upon Charlesbank Capital Partners, LP, c/o CT Corporation System, on 12/7/2022, filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 13
Return of Service by Clerk by certified mail executed upon Varsity Brands Holding Company, Inc. on 12/8/2022, filed on behalf of John Doe Related document(s) #2 . (F,ML)
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Filing 12
Return of Service by Clerk by certified mail executed upon USA Federation for Sport Cheering on 12/7/2022, filed on behalf of John Doe. Related document(s) #2 . (F,ML)
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Filing 11
Return of Service by Clerk by certified mail executed upon Varsity Spirit, LLC, c/o Corporate Creations Network on 12/6/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 10
Return of Service by Clerk by certified mail executed upon U.S. All Star Federation, Inc., doing business as U.S. All Star Federation on 12/8/2022, filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 9
Return of Service by Clerk by certified mail executed upon Varsity Brands, LLC, c/o Corporate Creations Network on 12/6/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of John Doe. Related document(s) #2 . (Mc,K)
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Filing 8
Motion for attorney Mario A. Pacella to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11745266, filed by Plaintiff John Doe. (Attachments: #1 Exhibit Certificate of Good Standing)(Weaver, Chelsea)
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Filing 7
Motion for attorney Amy. E. Willbanks to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11745255, filed by Plaintiff John Doe. (Attachments: #1 Exhibit Certificate of Good Standing)(Weaver, Chelsea)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Mario A. Pacella for John Doe. 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 #8 ). Judge Pamela A. Barker on 12/8/2022.(P,K).
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Order [non-document] granting Motion for appearance pro hac vice by attorney Amy E. Wilbanks for John Doe. 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 #7 ). Judge Pamela A. Barker on 12/8/2022.(P,K)
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Service by Clerk. Summons and Complaint addressed to Bain Capital, LP, # 7022 2410 0002 5762 8895, Charlesbank Capital Partners, LP, #7022 2410 0002 5762 8888 Taji Davis, #7022 2410 0002 5762 8871, Brandon Hale, #7022 2410 0002 5762 8864, ShowPro Choreography, #7022 2410 0002 8857, U.S. All Star Federation, Inc., #7022 2410 0002 8840, USA Federation for Sport Cheering, #7022 2410 0002 8833, Varsity Brands Holding Company, Inc., #7022 2410 0002 8796, Varsity Brands, LLC, #7022 2410 0002 8819, Varsity Spirit, LLC, #7022 2410 0002 8802, Jeff Webb, #7022 2410 0002 8826 placed in U.S. Mail. Type of service: certified mail. Receipt. (L,MI)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Bakari T. Seller for John Doe. 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 Pamela A. Barker on 11/30/2022.(P,K)
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Filing 6
Motion for attorney Bakari T. Sellers to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11731465, filed by Plaintiff John Doe. (Attachments: #1 Exhibit Certificate of Good Standing)(Weaver, Chelsea)
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Filing 5
Certificate of Good Standing, filed by All Plaintiffs. Related document(s) #3 . (Weaver, Chelsea)
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Filing 4
Motion for attorney Alexandra M. Benevento to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11731082, filed by Plaintiff John Doe. (Attachments: #1 Exhibit Certificate of Good Standing)(Weaver, Chelsea)
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Filing 3
Motion for attorney Jessica L. Fickling to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11731059, filed by Plaintiff John Doe. (Weaver, Chelsea)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (R,AP)
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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 Jonathan D. Greenberg. (R,AP)
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Judge Pamela A. Barker assigned to case. (R,AP)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Alexandra Marie Benevento for John Doe. 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 Pamela A. Barker on 11/29/2022.(P,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jessica L Fickling for John Doe. 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 #3 ). Judge Pamela A. Barker on 11/29/2022.(P,K)
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Filing 1
Complaint with jury demand against All Defendants. Filing fee paid $402.00. Receipt number AOHNDC-11729128. Filed by John Doe. (Attachments: #1 Civil Cover Sheet, #2 Summons - Bain Capital, LP, #3 Summons - Brandon Hale, #4 Summons - Charlesbank Capital Partners, LP, #5 Summons - Jeff Webb, #6 Summons - ShowPro Choreography, #7 Summons - Taji Davis, #8 Summons - USA Federation for Sport Cheering, #9 Summons - US All Star Federation, Inc., #10 Summons - Varsity Brands Holding Company, Inc. #11 Summons - Varsity Brands, LLC, #12 Summons - Varsity Spirit, LLC) (Weaver, Chelsea)
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