Wirthwein Fountain Inn, LLC v. Stopol Equipment Sales, LLC
| Wirthwein Fountain Inn, LLC |
| Stopol Equipment Sales, LLC |
| Wirthwein Fountain Inn, LLC |
| Stopol Equipment Sales, LLC |
| 1:2024cv01222 |
| July 18, 2024 |
| U.S. District Court for the Northern District of Ohio |
| Pamela A Barker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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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 Reuben J. Sheperd. Related document(s) #28 . (R,AP) |
Filing 28
Order of Recusal. This case is returned to the Clerk for reassignment to another magistrate judge. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 9/5/2024. (K,L)
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| Filing 27 Motion for extension of time until October 9, 2024 to Respond to Counterclaim filed by Plaintiff Wirthwein Fountain Inn, LLC. (Matasich, Michael) |
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Order [non-document] Plaintiff's unopposed Motion for Extension of Time to respond to Defendant's Counterclaim (Doc. No. #27 ) is granted. Plaintiff's response is due by October 9, 2024. Judge Pamela A. Barker on 9/4/24.(T,A)
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| Filing 26 Answer to Complaint, Defenses and Counterclaim against Wirthwein Fountain Inn, LLC filed by Stopol Equipment Sales, LLC. (Attachments: #1 Exhibit A - Sales Proposal, #2 Exhibit B - Invoice, #3 Exhibit C - Purchase Order, #4 Exhibit D - Request for Transfer on Title document, #5 Exhibit E - Transfer on Title)(Melick, Gregory) |
| Filing 25 Notice Identifying Citizenship of Stopol Equipment Sales LLC and the Members of Defendant Stopol Equipment Sales LLC filed by Stopol Equipment Sales, LLC. (Melick, Gregory) |
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Order [non-document] The Court has reviewed the parties' Supplemental Briefs (Doc. Nos. #24 , #25 ) regarding the parties' citizenship for diversity purposes. Based on the information contained therein, the Court finds, at this time, that the parties have addressed the Court's concerns regarding the existence of complete diversity of citizenship. Judge Pamela A. Barker on 8/13/2024. (P,K)
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| Filing 24 Brief in Support of Subject Matter Jurisdiction filed by Wirthwein Fountain Inn, LLC. Related document(s) #21 . (Matasich, Michael) |
| Filing 23 Attorney Appearance as Additional Counsel for Plaintiff by Michael J. Matasich filed by on behalf of Wirthwein Fountain Inn, LLC. (Matasich, Michael) |
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Order [non-document] By no later than August 15, 2024, Defendant Stopol Equipment Sales, LLC is ordered to identify the citizenship of each of its members (and sub-members, if any) for purposes of determining whether this Court has diversity jurisdiction over the instant action. See Doc. No. #21 . Judge Pamela A. Barker on 8/1/2024. (P,K)
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| Filing 22 Attorney Appearance by Gregory H. Melick filed by on behalf of Stopol Equipment Sales, LLC. (Melick, Gregory) |
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Filing 21
Order [non-document] For the reasons set forth in this Order, by no later than August 1, 2024, Plaintiff shall identify the State in which its sole member, Wirthwein New Bern Corp., has its principal place of business. Plaintiff shall also identify the citizenship of all of the members (and sub-members, if any) of Defendant Stopol Equipment Sales, LLC at the time the Complaint was filed. Judge Pamela A. Barker on 7/19/2024. (P,K)
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Order [non-document] Defendant Stopol Equipment Sales, LLC shall file its Answer or other responsive pleading to the Complaint by no later than August 18, 2024. Judge Pamela A. Barker on 7/19/2024. (P,K)
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| Filing 20 Magistrate Consent Form issued. (K,AR) |
| Filing 19 CASE TRANSFERRED IN from District of South Carolina. Case number 6:23-cv-05615. Electric file, transfer order and docket sheet received. |
| 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. (K,AR) |
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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 7/18/2024. (P,K)
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| Judge Pamela A. Barker assigned to case. (K,AR) |
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Filing 18
ORDER granting #8 Motion to Transfer Venue. Signed by Honorable Donald C Coggins, Jr on 7/17/24.(alew) [Transferred from scd on 7/18/2024.]
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| Filing 17 REPLY by Stopol Equipment Sales LLC to #15 Response in Opposition to Motion. . (Watson, Joseph) [Transferred from scd on 7/18/2024.] |
| Filing 16 TEXT ORDER. Defendant is directed to file a Reply, if deemed necessary, to Plaintiff's Supplemental Memorandum in Opposition to Defendant's Motion to Transfer within 14 days, by June 19, 2024. Signed by Honorable Donald C Coggins, Jr on 6/5/24. (alew) [Transferred from scd on 7/18/2024.] |
| Filing 15 SUPPLEMENTAL RESPONSE in Opposition re #8 MOTION to Transfer Case Response filed by Wirthwein Fountain Inn LLC.Reply to Response to Motion due by 6/11/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Paul A. Matteoni, #2 Exhibit A to Declaration)(Byrd, Robert) Modified on 6/5/2024 to edit text (alew). (Attachment 2 replaced on 6/5/2024) (alew). Modified on 6/5/2024 to replace with corrected document provided by filing user (alew). [Transferred from scd on 7/18/2024.] |
| Filing 13 REPLY to Response to Motion re #8 MOTION to Transfer Case. Response filed by Stopol Equipment Sales LLC. (Watson, Joseph) Modified on 1/25/2024 to edit text (alew). [Transferred from scd on 7/18/2024.] |
| Filing 12 RESPONSE in Opposition re #8 MOTION to Transfer Case Response filed by Wirthwein Fountain Inn LLC.Reply to Response to Motion due by 1/24/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Marc Beutemann)(Byrd, Robert) [Transferred from scd on 7/18/2024.] |
| Filing 11 TEXT ORDER granting #10 motion for extension of time. Plaintiff's response to the motion to transfer is due by January 18, 2024. Signed by Honorable Donald C Coggins, Jr on 12/28/23.(alew) [Transferred from scd on 7/18/2024.] |
| Filing 10 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Transfer Case by Wirthwein Fountain Inn LLC. Response to Motion due by 1/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Byrd, Robert) [Transferred from scd on 7/18/2024.] |
| Filing 9 Local Rule 26.01 Answers to Interrogatories by Stopol Equipment Sales LLC.(Frierson, Sarah) [Transferred from scd on 7/18/2024.] |
| Filing 8 MOTION to Transfer Case by Stopol Equipment Sales LLC. Response to Motion due by 1/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Sales Proposal, #2 Exhibit B- Purchase Order, #3 Exhibit C - Emails between George Bollman and John Muzyczka, #4 Exhibit D - Agreement on the Transfer of Title, #5 Exhibit E - Declaration of John Muzyczka)No proposed order.(Frierson, Sarah) [Transferred from scd on 7/18/2024.] |
| Filing 7 LETTER EXTENDING TIME TO ANSWER Stopol Equipment Sales LLC answer due 12/21/2023. (Attachments: #1 Exhibit A - Consent of Extension between Counsel)(Watson, Joseph) [Transferred from scd on 7/18/2024.] |
| Filing 6 SUMMONS Returned Executed by Wirthwein Fountain Inn LLC. Stopol Equipment Sales LLC served on 11/9/2023, answer due 11/30/2023. (Attachments: #1 Affidavit of Service)(Byrd, Robert) Modified on 11/28/2023 to remove duplicate text (alew). [Transferred from scd on 7/18/2024.] |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Wirthwein Fountain Inn LLC.(Byrd, Robert) [Transferred from scd on 7/18/2024.] |
| Filing 4 Summons Issued as to Stopol Equipment Sales LLC. (alew) [Transferred from scd on 7/18/2024.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Wirthwein Fountain Inn LLC.(alew) (Main Document 3 replaced on 11/6/2023) (alew, ). Modified on 11/6/2023 to replace with corrected document provided by filing user (alew). [Transferred from scd on 7/18/2024.] |
| Filing 1 COMPLAINT against Stopol Equipment Sales LLC ( Filing fee $ 402 receipt number ASCDC-11410691.), filed by Wirthwein Fountain Inn LLC. Service due by 2/1/2024 (Attachments: #1 Exhibit A-Sale Agreement, #2 Exhibit B-Invoice, #3 Exhibit C-Purchase Order, #4 Exhibit D-Demand Letter)(alew) [Transferred from scd on 7/18/2024.] |
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