Diesel Grinding Services, LLC v. Ed's Equipment, Inc., et al.
| Diesel Grinding Services, LLC |
| Ed's Equipment, Inc. and John Doe |
| 1:2023cv02268 |
| November 22, 2023 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Acknowledgment of receipt of #7 Order of Remand received on 12/6/2023 by the Cuyahoga County Court of Common Pleas. Related document(s) #7 . (Attachments: #1 Envelope) (F,AW) |
| Filing 8 Certified copy of order of remand and docket sheet mailed to Cuyahoga County Court of Common Pleas with acknowledgment of receipt enclosed. Related document(s) #7 . (K,K) |
Filing 7
Order of Remand. The Court grants in part and denies in part Plaintiff's Motion to remand to State Court and for an award of fees and costs (Doc. #4 ). The Court grants Plaintiff's unopposed motion to remand this case to state court. As Defendant is a citizen of Ohio and a forum defendant, removal from state court to this Court was improper under 28 U.S.C. 1441(b). Even so, this was an honest mistake that does not merit an award of attorneys fees and costs. Therefore, the Court DENIES Plaintiffs motion for an award of fees and costs. Accordingly, this case is remanded to Cuyahoga County Court of Common Pleas. Signed by Judge Dan Aaron Polster on 11/28/2023. (K,K)
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| Minutes of proceedings [non-document] On November 28, 2023, the Court held a Zoom status conference. In attendance were: Edward Mabry for Plaintiff; Plaintiff's Counsel, Savannah Fox and Dustin Rawlin; Ed Urbanek for Defendant; and Defense Counsel, Hunter Cavell. The Court discussed the facts and procedural history of this case, along with Plaintiff's motion to remand to state court and for an award of fees and costs (Doc. #4 ). (Court Reporter: n/a.) Time: 18 minutes. (K,K) |
| IMPORTANT: Notice [non-document] of Status Conference set for 11/28/2023 at 12:00 PM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Counsel and clients are required to attend. (K,K) |
| Filing 6 Reply in support of #4 Motion to remand to State Court and Motion for an award of fees and costs filed by Diesel Grinding Services, LLC. (Rawlin, Dustin) |
| Filing 5 Opposition to #4 Motion to remand to State Court and Motion for an award of fees and costs filed by Ed's Equipment, Inc.. (Cavell, Hunter) |
| Filing 4 Motion to remand to State Court and Motion for an award of fees and costs filed by Plaintiff Diesel Grinding Services, LLC. (Attachments: #1 Exhibit A -- Proof of Service)(Rawlin, Dustin). Added Motion for fees and costs on 11/28/2023 (L,Br). |
| Filing 3 Magistrate Consent Form issued. (H,Ch) |
| Filing 2 Corporate Disclosure Statement filed by Ed's Equipment, Inc. (Cavell, Hunter) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-23-988722 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12285836. Filer has indicated that case may be a refiling of terminated case 1:23-cv-02165-DAP. Filed by Ed's Equipment, Inc.. (Attachments: #1 Exhibit A - State Court Docket and Complaint, #2 Exhibit B - State Court Summons, #3 Exhibit C - State Court Motion, #4 Exhibit D - State Court Discovery Request, #5 Exhibit E - Civil Cover Sheet, #6 Exhibit F - State Court Notice of Removal) (Cavell, Hunter) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (H,Ch) |
| Judge Dan Aaron Polster assigned to case. (H,Ch) |
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