Grand River Asphalt Co. v. Smyrna Ready Mix Concrete, LLC
Plaintiff: Grand River Asphalt Co.
Defendant: Smyrna Ready Mix Concrete, LLC doing business as SRM Concrete
Case Number: 1:2023cv02423
Filed: December 21, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Solomon Oliver
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2024 Opinion or Order Filing 20 Order of Voluntary Case Dismissal, without prejudice. Related document #19 . Signed by Judge Solomon Oliver, Jr. on 2/1/2024. (R,Sh)
February 1, 2024 Filing 19 Notice of Dismissal Under FRCP 41(a)(1) filed by Grand River Asphalt Co.. (Keating, Grant)
January 30, 2024 Filing 18 Transcript of TRO Motion Hearing held on January 19, 2024 before Judge Oliver. To obtain a bound copy of this transcript please contact court reporter Greg Mizanin at gregory_mizanin@ohnd.uscourts.gov. [114 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/6/2024. Redaction Request due 2/20/2024. Redacted Transcript Deadline set for 3/1/2024. Release of Transcript Restriction set for 4/29/2024. Related document(s) #17 . (M,Gr)
January 24, 2024 Filing 17 expedited Non-Appeal Transcript Order Form for proceedings held on 1/19/24 before Judge Solomon Oliver, Jr., Court Reporter: Greg Mizanin. Requested completion date: 1/31/24 filed by Smyrna Ready Mix Concrete, LLC. (Dirisamer, David)
January 22, 2024 Opinion or Order Filing 16 Order denying Plaintiff's #4 Motion for Preliminary Injunction. The court grants Grand River's oral motion for leave to amend its Complaint on or before 2/2/2024. If the parties wish to engage in mediation, they should notify the court within 30 days. Signed by Judge Solomon Oliver, Jr. on 1/22/2024. (R,Sh)
January 19, 2024 Minutes of proceedings [non-document] before Judge Solomon Oliver, Jr. The court held a Hearing regarding Plaintiff's Motion for Preliminary Injunction on 1/19/2024 at 10:00 a.m. For the reasons explained on the record and summarized in the Order of the same date, the court denies Grand River's Motion. Related document #4 (Court Reporter: Greg Mizanin.)Time: 2.5 hours. Related document(s) #4 . (R,Sh) Modified on 1/22/2024 (R,Sh).
January 18, 2024 Filing 15 Witness List for preliminary injunction hearing on January 19, 2024 filed by Grand River Asphalt Co. (Keating, Grant)
January 18, 2024 Filing 14 Exhibit List filed by Grand River Asphalt Co. (Keating, Grant)
January 17, 2024 Filing 13 Reply to Memorandum in Opposition to #4 Motion for Preliminary Injunction filed by Grand River Asphalt Co.. (Attachments: #1 Exhibit G -- Ronyak Memo of Stock Status 12.13.1982, #2 Exhibit H -- 10.26.1982 Letter Osborne to Sidley, #3 Exhibit I -- Ronyak Memo of Stock Status 4.26.1990, #4 Exhibit J -- Proceedings of Incorporators Grand River)(Keating, Grant) Modified text on 1/24/2024 (B,DL).
January 12, 2024 Filing 12 Corporate Disclosure Statement filed by Smyrna Ready Mix Concrete, LLC. (Attachments: #1 Citizenship Disclosure Statement)(Haskins, Thomas)
January 12, 2024 Filing 11 Opposition to #4 Motion for temporary restraining order and preliminary injunction filed by Smyrna Ready Mix Concrete, LLC. (Attachments: #1 Exhibit A - Ohio Governor's Message, #2 Declaration of Robert Beuscher, #3 Declaration of Robert Turner)(Haskins, Thomas)
January 4, 2024 Filing 10 Notice of Service of Subpoena to R.W. Sidley, Inc. filed by Grand River Asphalt Co.. (Attachments: #1 Exhibit Exhibit A Subpoena Served on R.W. Sidley, Inc.)(Keating, Grant)
January 3, 2024 Filing 9 Joint Proposed Stipulation Regarding Briefing Schedule on Motion for Preliminary Injunction filed by Smyrna Ready Mix Concrete, LLC. Related document(s) #4 .(Haskins, Thomas)
December 22, 2023 Opinion or Order Filing 8 Order regarding Plaintiff's #4 Motion for temporary restraining order and preliminary injunction. As discussed at the telephone conference held on 12/21/2023, Plaintiff's Motion for Temporary Restraining Order is denied as Plaintiff has failed to establish that it "is facing immediate, irreparable harm". The court will hold a Preliminary Injunction Hearing on 1/19/2024 at 10:00 AM in Courtroom 19A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr. on 12/21/2023. (R,Sh)
December 21, 2023 Filing 7 Motion for attorney Thomas G. Haskins, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12327908, filed by Defendant Smyrna Ready Mix Concrete, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Dirisamer, David)
December 21, 2023 Filing 6 Attorney Appearance by David J. Dirisamer filed by on behalf of Smyrna Ready Mix Concrete, LLC. (Dirisamer, David)
December 21, 2023 Filing 5 Corporate Disclosure Statement filed by Plaintiff Grand River Asphalt Co. (Selby, Richard) Modified event, terminated motion on 12/21/2023 (M,CE).
December 21, 2023 Filing 4 Motion for temporary restraining order and preliminary injunction filed by Plaintiff Grand River Asphalt Co.. (Attachments: #1 Exhibit A Temporary Restraining Order)(Selby, Richard) Modified text on 12/21/2023 (B,DL).
December 21, 2023 Filing 3 Magistrate Consent Form issued. Summons not provided and was not issued. (H,Ch)
December 21, 2023 Filing 2 Civil Cover Sheet, filed by Grand River Asphalt Co. Related document(s) #1 . (Selby, Richard)
December 21, 2023 Filing 1 Verified Complaint against Smyrna Ready Mix Concrete, LLC. Filing fee paid $ 405, Receipt number AOHNDC-12326911. Filed by Grand River Asphalt Co. (Attachments: #1 Exhibit A - Agreement of Joint Venture, #2 Exhibit B - Certificate of Merger, #3 Exhibit C - SRM Concrete's Post, #4 Exhibit D - 12-18-2023 Letter to Mr. Buescher, #5 Exhibit E - 12-18-2023 e-mail to Bob Buescher, #6 Exhibit F - 12-21-2023 Letter to Attorney Kious, #7 Civil Cover Sheet) (Selby, Richard)
December 21, 2023 Judge Solomon Oliver, Jr assigned to case. (H,Ch)
December 21, 2023 Notice by Clerk that Grand River Asphalt Co. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,Ch)
December 21, 2023 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Thomas G. Haskins, Jr. for Smyrna Ready Mix Concrete, 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 #7 ). Judge Solomon Oliver, Jr. on 12/21/2023.(R,Sh)
December 21, 2023 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)

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Plaintiff: Grand River Asphalt Co.
Represented By: Grant J. Keating
Represented By: Richard N. Selby, II
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Defendant: Smyrna Ready Mix Concrete, LLC doing business as SRM Concrete
Represented By: David J. Dirisamer
Represented By: Thomas G. Haskins, Jr.
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