ACLCP South Euclid, LLC v. Ohio CVS Stores, LLC et al.
| ACLCP South Euclid, LLC |
| Joe Squiddy Inc., 1475 South Green LLC doing business as Eat at Joe's, Ohio CVS Stores, LLC and Philip Kassover |
| Joe Squiddy Inc., 1475 South Green LLC, Daryl Kertesz, Jonathan Schultz, Michelle F. Reiner and Robert H. Reiner |
| ACLCP South Euclid, LLC |
| Ohio CVS Stores, LLC |
| Ohio CVS Stores, LLC |
| Ohio CVS Stores, LLC |
| 1:2024cv01491 |
| August 30, 2024 |
| US 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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This docket was last retrieved on October 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Answer to Ohio CVS Stores Counterclaim filed by ACLCP South Euclid, LLC. Related document(s) #9 . (Sharma, Aanchal) |
| Filing 28 Return of Service by personal service executed upon Joe Squiddy Inc., filed on behalf of ACLCP South Euclid, LLC Related document(s) #1 , #27 . (Sharma, Aanchal) |
| Filing 27 Original Summons issued to counsel for service upon Joe Squiddy Inc. Related document #25 . (F,AW) |
| Filing 26 Supplement to Praecipe - Flattened Praecipe for Issuance of Original Summons, filed by ACLCP South Euclid, LLC. Related document(s) #25 . (Sharma, Aanchal) |
| Filing 25 Praecipe for issuance of Original Summons filed by ACLCP South Euclid, LLC. (Attachments: #1 Summons)(Sharma, Aanchal) |
| Filing 24 Return of Service by Process Server executed upon Joe Squiddy Inc. on 10/13/2024, filed on behalf of Ohio CVS Stores, LLC (Crocker, Julie) |
| Filing 23 Notice Regarding ACLCP South Euclid LLC's Domicile filed by ACLCP South Euclid, LLC. (Sharma, Aanchal) |
| Filing 22 Original Summons issued to counsel for service of Crossclaim upon Joe Squiddy Inc. (F,AW) |
| Filing 21 Third Party Summons issued to counsel for service upon Daryl Kertesz, Michelle F. Reiner, Robert H. Reiner, Jonathan Schultz. (F,AW) |
| Filing 20 Supplement Regarding Jurisdiction filed by 1475 South Green LLC. (Fisher, Kenneth) |
| Filing 19 Praecipe for issuance of Third Party Summons on a Third Party Complaint to Daryl Kertesz, Michelle F. Reiner, Robert H. Reiner, Jonathan Schultz, and Joe Squiddy, Inc. with proposed summonses filed by Ohio CVS Stores, LLC. (Crocker, Julie) |
| Filing 18 Proposed Original Summons to Jonathan Schultz filed by Ohio CVS Stores, LLC. (Crocker, Julie) Modified text on 10/8/2024 (F,AW). |
| Filing 17 Proposed Original Summons to Robert H. Reiner filed by Ohio CVS Stores, LLC. (Crocker, Julie) Modified text on 10/8/2024 (F,AW). |
| Filing 16 Proposed Original Summons to Michelle F. Reiner filed by Ohio CVS Stores, LLC. (Crocker, Julie) Modified text on 10/8/2024 (F,AW). |
| Filing 15 Proposed Original Summons to Daryl Kertesz filed by Ohio CVS Stores, LLC. (Crocker, Julie) Modified text on 10/8/2024 (F,AW). |
| Filing 14 Proposed Original Summons to Joe Squiddy, Inc. filed by Ohio CVS Stores, LLC. (Crocker, Julie) Modified text on 10/8/2024 (F,AW). |
| Filing 13 Answer to #9 Crossclaim, filed by 1475 South Green LLC. (Fisher, Kenneth) |
| Filing 12 Answer to #9 Crossclaim Complaint filed by 1475 South Green LLC. (Fisher, Kenneth) |
Order [non-document]: Defendant/Third-Party Plaintiff Ohio CVS Stores LLC filed a Third Party Complaint against Daryl Kertesz, Michelle Reiner, Robert Reiner, and Jonathan Schultz. (Doc. No. #11 .) The Certificate of Service for the Third Party Complaint states that service will occur by operation of the Court's electronic filing system and does not indicate that Ohio CVS Stores LLC has served the Third Party Defendants by any other means. (Id. at p. 8.) The docket reflects that none of the Third Party Defendants have appeared in this action. Thus, the Third Party Defendants will not receive service of the Third Party Complaint via the electronic filing system. This Court orders Ohio CVS Stores LLC to serve the Third Party Complaint on each of the Third Party Defendants in accordance with Fed. R. Civ. P. 4 and to file proof of service on the docket by no later than January 7, 2025. Judge Pamela A. Barker on 10/7/2024. (R,AP)
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| Copy of non-document Order mailed to Philip Kassover 5 Shore Drive Kings Point, NY 11024 on 10/7/2024. (R,AP) |
| Filing 11 Third party complaint against Daryl Kertesz, Michelle F. Reiner, Robert H. Reiner, Jonathan Schultz. Filed by Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A - Sublease Agreement, Dec. 2010 renewal letter, May 2016 renewal letter, First Amendment to Sublease, #2 Exhibit B - Assignment of Sublease and Assumption Agreement dated October 27, 2022, #3 Exhibit C - Guaranty Agreement, #4 Exhibit D - Letter re 4460 Mayfield Road, South Euclid, OH) (Crocker, Julie) |
| Filing 10 Unopposed Motion for extension of time until 10/25/2024 to Respond to Counterclaim filed by Counter-Defendant ACLCP South Euclid, LLC. Related document(s) #9 . (Sharma, Aanchal) |
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Order [non-document] Plaintiff/Counterclaim Defendant ACLCP South Euclid, LLC's #10 Motion for Extension of Time until 10/25/2024 within which to answer, move or otherwise plead to Ohio CVS Stores, LLC's Counterclaim is granted. Judge Pamela A. Barker on 10/3/2024.(P,K)
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Order [non-document] The Court has reviewed Defendant Ohio CVS Stores, LLC.'s Supplement Regarding Jurisdiction. (Doc. No. #7 .) Therein, Defendant states that it does not know for certain all of the members and sub-members of Plaintiff ACLCP South Euclid LLC or Defendant 1475 South Green LLC. To assist this Court in ensuring that it has diversity jurisdiction over the instant matter, and by no later than October 16, 2024, Plaintiff ACLCP South Euclid LLC and Defendant 1475 South Green LLC are hereby ordered to file a supplement on the docket identifying the citizenship of all of their respective members (and sub-members, if any) at the time the Complaint was filed. Judge Pamela A. Barker on 10/2/2024. (P,K)
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| Copy of non-document Order mailed to Philip Kassover 5 Shore Drive Kings Point, NY 11024 on 10/2/2024. (P,K) |
| Copy of non-document Order mailed to Philip Kassover 5 Shore Drive Kings Point, NY 11024 on 9/25/2024. (P,K) |
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Order [non-document] Defendant/Crossclaim Plaintiff Ohio CVS Stores LLC filed a Crossclaim against Defendants/Crossclaim Defendants Joe Squiddy, Inc. and 1475 South Green LLC on September 20, 2024. (Doc. No. #9 .) The Certificate of Service for that Crossclaim states that service will occur by operation of the Court's electronic filing system. (Id. at p. 20.) However, the docket reflects that Defendant/Crossclaim Defendant Joe Squiddy, Inc. has not been properly served with the Complaint and has not appeared in this action. Thus, Joe Squiddy, Inc. will not receive service of the Crossclaim via the electronic filing system. This Court orders Defendant/Crossclaim Plaintiff Ohio CVS Stores to serve the Crossclaim on Defendant/Crossclaim Defendant Joe Squiddy, Inc. in accordance with Fed. R. Civ. P. 4 and to file proof of service on the docket by no later than October 16, 2024. Judge Pamela A. Barker on 9/25/2024. (P,K)
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| Filing 9 Answer to Complaint , Crossclaim against Joe Squiddy, Inc. and against 1475 South Green LLC, Counterclaim against ACLCP South Euclid, LLC filed by Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A - Property Information, #2 Exhibit B - Mem. of Lease (Lease 7370 South Euclid, OH), #3 Exhibit C - Sublease, as amended, #4 Exhibit D - Assignment of Sublease, #5 Exhibit E - Letter re 4460 Mayfield Road, South Euclid, OH)(Crocker, Julie) |
| Filing 8 Notice of Attorney Admission filed by Ohio CVS Stores, LLC. (Attachments: #1 Exhibit 1 - Admission confirmation)(White, Benjamin) |
| Filing 7 Supplement Regarding Jurisdiction filed by Ohio CVS Stores, LLC. Related document(s) #3 . (Attachments: #1 Exhibit A-Certificate of Registration, #2 Exhibit B-Certificate of Registration) (Crocker, Julie) |
| Filing 6 Answer to complaint, filed by Philip Kassover. Related document(s) #1 . (Attachments: #1 Envelope) (L,MI) |
| Filing 5 Motion for extension of time until September 20, 2024 to answer or otherwise respond to complaint filed by Defendant Philip Kassover. Related document(s) #1 . (Attachments: #1 Cover Letter, #2 Envelope)(R,AP) |
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Order [non-document] Defendant Philip Kassover's Motion for Extension of Time to Answer (Doc. No. #5 ) is granted. Answer due 9/20/2024. Judge Pamela A. Barker on 9/10/2024.(P,K)
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| Copy of Order on Motion for extension of time to answer mailed to Philip Kassover 5 Shore Drive Kings Point, NY 11024 on 9/10/2024. (P,K) |
| Filing 4 Unopposed Motion for extension of time until and including September 20, 2024 to answer Plaintiff's Complaint filed by Defendant Ohio CVS Stores, LLC. (Crocker, Julie) |
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Order [non-document] Defendant Ohio CVS Stores, LLC's unopposed Motion for Extension of time to answer (Doc. No. #4 ) is granted. Defendant Ohio CVS Stroes, LLC shall answer Plaintiff's Complaint by no later than September 20, 2024. Judge Pamela A. Barker on 9/6/24. (T,A)
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| Notice to Attorney Dennis Nevar. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Benjamin C. White. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
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Filing 3
Order to Show Cause. Defendant Ohio CVS Stores, LLC shall file a Supplement on the docket providing the information discussed in this Order by no later than September 17, 2024. Judge Pamela A. Barker on 9/3/24. (T,A)
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| Filing 2 Magistrate Consent Form issued. (R,EM) |
| Filing 1 Notice of Removal from Common Pleas, Cuyahoga County, Ohio, case number CV24101125 with jury demand, Filing fee paid $ 405, receipt number AOHNDC-12716458. Filed by Ohio CVS Stores, LLC. (Attachments: #1 Exhibit All State Court process, pleadings, orders and other papers or exhibits, #2 Civil Cover Sheet) (Crocker, Julie) |
| Judge Pamela A. Barker assigned to case. (R,EM) |
| 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,EM) |
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