Cryan et al v. CBIZ Insurance Services, Inc. et al
| Jerry Keith Bowman, Jr., Steven Fischer, Gregory J. Cryan, Matthew C. McCoun, Phillip R. Leek and William M. Haynes |
| Mike Gill and CBIZ Insurance Services, Inc. |
| 1:2024cv01350 |
| August 7, 2024 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| David A Ruiz |
| Assault Libel & Slander |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on August 7, 2024. A more recent docket listing may be available from PACER.
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Filing 44
Magistrate Consent Form issued. (R,EM)
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Filing 43
CASE TRANSFERRED IN from District of Georgia Northern. Case number 1:24-cv-02708. Electronic file, certified copy of transfer order and docket sheet received.
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Judge David A. Ruiz assigned to case. (R,EM)
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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. (R,EM)
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Notice by Clerk that CBIZ Insurance Services, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,EM)
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Filing 42
OPINION AND ORDER. The #16 Motion to Transfer Case. The Clerk is DIRECTED to transfer this action to the United States District Court for the Northern District of Ohio, Eastern Division, and to close this case. The motion for preliminary injunction filed by Plaintiffs Cryan, Bowman, and Haynes [ECF #15 ] remains pending. Signed by Judge Steven D. Grimberg on 8/6/2024. (adg) [Transferred from gand on 8/7/2024.]
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Submission of #15 MOTION for Preliminary Injunction , to District Judge Steven D. Grimberg. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 41
RESPONSE in Support re #16 MOTION to Transfer Case to U.S. District Court for the Northern District of Ohio filed by CBIZ Insurance Services, Inc., Mike Gill. (Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 40
RESPONSE in Opposition re #16 MOTION to Transfer Case to U.S. District Court for the Northern District of Ohio Response and Update to Notice of Supplemental Authority and Motion to Transfer filed by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Attachments: #1 Exhibit Exhibit A - Amended Opinion and TRO)(Bellus, John) [Transferred from gand on 8/7/2024.]
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Submission of #16 MOTION to Transfer Case to U.S. District Court for the Northern District of Ohio, to District Judge Steven D. Grimberg. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 39
NOTICE by CBIZ Insurance Services, Inc., Mike Gill re 37 Order,,, Set Submission Deadline,, Defendants' Notice of Citizenship (Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 38
NOTICE by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun re 37 Order,,, Set Submission Deadline,, Plaintiffs' Statement of Citizenship (Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 37
ORDER: Within three days of this Order, each Plaintiff and Defendant Mike Gill is DIRECTED to file a notice indicating his place of citizenship for purposes of diversity jurisdiction. McCormick v. Aderholt, 293 F.3d 1254, 125758 (11th Cir. 2002) (Citizenship for individuals is equivalent to domicile, which is a party's "true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom."). Approved by Judge Steven D. Grimberg on 7/16/2024. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 36
NOTICE OF CANCELLATION of Hearing re: 21 Notice Setting Hearing: Evidentiary hearing and oral argument will be held on Tuesday, July 23, 2024, at 1:00 pm before U.S. District Court Judge Steven D. Grimberg.(dnb) [Transferred from gand on 8/7/2024.]
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Filing 35
ORDER: Defendants' unopposed motion for leave to file under seal ECF #7 is GRANTED. The Clerk is DIRECTED to permanently seal the documents filed under provisional seal at ECF 6. Defendants' emergency motion to stay ECF #18 is GRANTED. All deadlines in this action are STAYED pending the Court's ruling on Defendants' motion to transfer venue ECF #16 . Plaintiffs' motion for expedited discovery ECF #19 is accordingly DENIED. The hearing scheduled for July 23, 2024, is CANCELLED Approved by Judge Steven D. Grimberg on 7/16/2024. (dnb) [Transferred from gand on 8/7/2024.]
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Submission of #19 MOTION to Expedite Discovery, #18 Emergency MOTION to Stay Proceedings, to District Judge Steven D. Grimberg. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 34
REPLY to Response to Motion re #19 MOTION to Expedite Discovery filed by Jerry Keith Bowman, Jr, Gregory J. Cryan, William M. Haynes. (Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 33
RESPONSE re #27 Notice (Other) Response to Notice of Supplemental Authority filed by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Attachments: #1 Exhibit 1 - Asset Purchase Agreement, #2 Exhibit 2 - Employment Agreement (Bowman), #3 Exhibit 3 - Excerpts From 10-K, #4 Exhibit 4 - Ohio Complaint, #5 Exhibit 5 - Notice Letter)(Stone, F.R.) [Transferred from gand on 8/7/2024.]
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Filing 32
RESPONSE in Opposition re #15 MOTION for Preliminary Injunction filed by CBIZ Insurance Services, Inc., Mike Gill. (Attachments: #1 Exhibit A: Kouzelos Decl., #2 Exhibit B: Lanterman Decl., #3 Exhibit C: Hrg. Tr.)(Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 31
ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by CBIZ Insurance Services, Inc., Mike Gill. Discovery ends on 12/9/2024.(Cashdan, Jeffrey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 8/7/2024.]
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Filing 30
RESPONSE in Opposition re #19 MOTION to Expedite Discovery filed by CBIZ Insurance Services, Inc., Mike Gill. (Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 29
NOTICE of Appearance by Thomas Hanie Paris, IV on behalf of CBIZ Insurance Services, Inc., Mike Gill (Paris, Thomas) [Transferred from gand on 8/7/2024.]
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Filing 28
NOTICE of Appearance by John Edward Bellus, Jr on behalf of Gregory J. Cryan (Bellus, John) [Transferred from gand on 8/7/2024.]
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Submission of #7 MOTION for Leave to File Matters Under Seal re: #6 Notice of Filing, to District Judge Steven D. Grimberg. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 27
NOTICE of Supplemental Authority by CBIZ Insurance Services, Inc., Mike Gill (Attachments: #1 Cryan TRO Order)(Cashdan, Jeffrey) Modified docket text on 7/9/2024 (ajw). [Transferred from gand on 8/7/2024.]
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Filing 26
ORDER granting #24 Consent Motion for Extension of Time to Respond to Plaintiffs' Complaint and Motion for Preliminary Injunction. Defendants shall have through July 12, 2024 to respond to the complaint and motion for preliminary injunction. Signed by Judge Steven D. Grimberg on 7/2/2024. (kmj) [Transferred from gand on 8/7/2024.]
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Filing 25
ORDER granting #23 Application for Admission Pro Hac Vice of Johnathon Koechley. Approved by Judge Steven D. Grimberg on 7/2/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dnb) [Transferred from gand on 8/7/2024.]
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Clerk's Certificate of E-Mailing to Johnathon Koechley re 25 Order on Application for Admission PHV. (dnb) [Transferred from gand on 8/7/2024.]
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APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Johnathon Koechley Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13542223). Attorney Johnathon Koechley added appearing on behalf of Jerry Keith Bowman, Jr., Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. E-filing access may be requested after an order granting the application is entered. (esr) [Transferred from gand on 8/7/2024.]
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Filing 24
Consent MOTION for Extension of Time Deadlines to Respond to Plaintiffs' Complaint and Motion for Preliminary Injunction by CBIZ Insurance Services, Inc., Mike Gill. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 23
APPLICATION for Admission of Johnathon Koechley Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13542223).by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Culpepper, Sterling) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 8/7/2024.]
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Filing 22
REPLY to Response to Motion re #18 Emergency MOTION to Stay Proceedings filed by CBIZ Insurance Services, Inc., Mike Gill. (Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 21
Notice Setting Hearing: Evidentiary hearing and oral argument will be held on Tuesday, July 23, 2024, at 1:00 pm before U.S. District Court Judge Steven D. Grimberg, in Courtroom 1706, Richard B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303, on #15 Motion for Preliminary Injunction. Counsel who wish to utilize the courtroom's technology during argument are encouraged to reach out to Courtroom Deputy (CRD) Danielle Brye at Danielle_Brye@gand.uscourts.gov in advance of the hearing. Counsel who do not have a blue card are reminded to file a motion for leave to bring electronics into the building along with a proposed order at least two business days prior to the hearing, and may email same to CRD Brye. (dnb) [Transferred from gand on 8/7/2024.]
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Filing 20
RESPONSE re #18 Emergency MOTION to Stay Proceedings and Request for Expedited Preliminary Findings filed by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 19
MOTION to Expedite Discovery with Brief In Support by Jerry Keith Bowman, Jr, Gregory J. Cryan, William M. Haynes. (Attachments: #1 Exhibit A - Plaintiffs Cryan, Bowman, Haynes' First Requests for Production of Documents, #2 Exhibit B - Matters for 30(b)(6) Deposition of CBIZ)(Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 18
Emergency MOTION to Stay Proceedings with Brief In Support by CBIZ Insurance Services, Inc., Mike Gill. (Attachments: #1 Exhibit A: Ohio Complaint)(Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 17
NOTICE of Appearance by Seth Euster on behalf of CBIZ Insurance Services, Inc., Mike Gill (Euster, Seth) [Transferred from gand on 8/7/2024.]
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Filing 16
MOTION to Transfer Case to U.S. District Court for the Northern District of Ohio with Brief In Support by CBIZ Insurance Services, Inc., Mike Gill. (Attachments: #1 Exhibit A: Asset Purchase Agreement, #2 Exhibit B: Cryan Employment Agreement, #3 Exhibit C: Bowman Employment Agreement, #4 Exhibit D: Haynes Employment Agreement, #5 Exhibit E: McCoun Employment Agreement, #6 Exhibit F: Leek Employment Agreement, #7 Exhibit G: Fischer Employment Agreement)(Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 15
MOTION for Preliminary Injunction with Brief In Support by Jerry Keith Bowman, Jr, Gregory J. Cryan, William M. Haynes. (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibit A - Declaration of Gregory J. Cryan, #3 Exhibit B - Declaration of William M. Haynes, #4 Exhibit C - Declaration of Jerry "Keith" Bowman, Jr.)(Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 14
ORDER granting #3 Application for Admission Pro Hac Vice of Steven D. Pearson. Approved by Judge Steven D. Grimberg on 6/24/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dnb) [Transferred from gand on 8/7/2024.]
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Filing 13
ORDER granting #5 Application for Admission Pro Hac Vice of Jason P. Stearns. Approved by Judge Steven D. Grimberg on 6/24/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dnb) [Transferred from gand on 8/7/2024.]
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Filing 12
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Johnathon Koechley. Clerk to follow-up by 7/5/2024. (djs) [Transferred from gand on 8/7/2024.]
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Filing 11
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Ian Dankelman. Clerk to follow-up by 7/5/2024. (djs) [Transferred from gand on 8/7/2024.]
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Filing 10
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven D. Pearson. Clerk to follow-up by 7/5/2024. (djs) [Transferred from gand on 8/7/2024.]
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Filing 9
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jason P. Stearns. Clerk to follow-up by 7/5/2024. (djs) [Transferred from gand on 8/7/2024.]
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Filing 8
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Steven D. Grimberg on 6/24/2024. (tas) [Transferred from gand on 8/7/2024.]
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Submission of #1 Notice of Removal, for INJ/TRO, to District Judge Steven D. Grimberg. (tas) [Transferred from gand on 8/7/2024.]
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APPROVAL by Clerks Office re: #3 APPLICATION for Admission of Steven D. Pearson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13521837). Attorney Steven D. Pearson added appearing on behalf of Jerry Keith Bowman, Jr., Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. E-filing access may be requested after an order granting the application is entered. (esr) [Transferred from gand on 8/7/2024.]
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APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Jason P. Stearns Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13522498). Attorney Jason P. Stearns added appearing on behalf of Jerry Keith Bowman, Jr., Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. E-filing access may be requested after an order granting the application is entered. (esr) [Transferred from gand on 8/7/2024.]
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Filing 7
MOTION for Leave to File Matters Under Seal re: #6 Notice of Filing, with Brief In Support by CBIZ Insurance Services, Inc., Mike Gill. (Attachments: #1 Brief, #2 Text of Proposed Order)(Cashdan, Jeffrey) [Transferred from gand on 8/7/2024.]
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Filing 6
SEALED NOTICE Of Filing Provisionally Sealed Notice of Removal and Exhibit B to Notice of Removal by CBIZ Insurance Services, Inc., Mike Gill (Attachments: #1 Exhibit B: Decl. of Kouzelos)(Cashdan, Jeffrey) Sealed per Order ECF[ 35] on 7/16/2024 (dnb). [Transferred from gand on 8/7/2024.]
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Filing 5
APPLICATION for Admission of Jason P. Stearns Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13522498).by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Cochran, Anthony) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 8/7/2024.]
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Filing 4
NOTICE of Appearance by Anthony L. Cochran on behalf of Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun (Cochran, Anthony) [Transferred from gand on 8/7/2024.]
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Filing 3
APPLICATION for Admission of Steven D. Pearson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13521837).by Jerry Keith Bowman, Jr, Gregory J. Cryan, Steven Fischer, William M. Haynes, Phillip R. Leek, Matthew C. McCoun. (Culpepper, Sterling) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 8/7/2024.]
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Filing 2
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven D. Pearson. Clerk to follow-up by 7/1/2024. (djs) [Transferred from gand on 8/7/2024.]
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Filing 1
NOTICE OF REMOVAL with COMPLAINT with TRO and INJ Request filed by CBIZ Insurance Services, Inc., Mike Gill. (Filing fee $ 405 receipt number AGANDC-13518883) (Attachments: #1 Exhibit A Superior Court Docket, #2 Exhibit B Kouzelos Declaration, #3 Civil Cover Sheet)(tas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 6/21/2024 (tas). [Transferred from gand on 8/7/2024.]
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