Last Chance Funding, Inc. v. Tom Agler Livestock, LLC, et al.
| Last Chance Funding, Inc. |
| Agler Livestock Trucking LLC, Tom Agler Livestock, LLC, Sharon Agler, Tom Agler Sr. Livestock, LLC, Tom Agler Sr. and Rocking A Cattle LLC |
| 3:2021cv01090 |
| May 27, 2021 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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| Filing 34 Dismissal Order. This Court has reviewed the recent Notice #33 . In light of this Court's previous Order #32 , this case is closed. This Court retains jurisdiction to reopen the case upon filing of a request to reopen and attaching the New York case decision holding up the resolution of this case, or other good grounds. Any motion to reopen or other request must be filed within 1 year from the date of this Order. Judge Jack Zouhary on 5/3/2023. (D,L) |
| Filing 33 Notice to the Court filed by Last Chance Funding, Inc. (Kopcho, Nicholas) |
Filing 32
ORDER. Telephone Conference held on February 9, 2023. Counsel may submit a Joint Filing outlining their respective grounds by April 27, 2023. As an alternative, counsel can postpone filing any requests for dismissal until the New York litigation is resolved. If counsel prefer that course, this Court would officially close this case with the condition that Plaintiff could reopen the case upon filing a Request to Reopen and attaching the New York decision. The Telephone Conference set for March 27, 2023 is vacated. See Order for details. Judge Jack Zouhary on 2/10/2023. (20 min) (V,S)
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ORDER [non-document]. Telephone Conference set for February 9, 2023 at 2 PM. At that time, counsel shall call the District Court Conference line provided by email. Judge Jack Zouhary on 2/9/2023. (V,S)
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Filing 31
ORDER. Telephone Conference held on June 21, 2022. This case has been stayed pending the resolution of related litigation (see #21 ). Plaintiff filed a Motion to Reactivate the Case #30 . Defendants orally oppose that request. After discussion with counsel, this Court finds that lifting the stay is not appropriate at this time. Counsel shall next update this Court when a decision is reached in the related case pending in New York, or earlier if appropriate. Judge Jack Zouhary on 6/22/2022. (V,S)
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ORDER. Telephone Conference set for June 21, 2022 at 10:00 AM. At that time, counsel shall call the District Court conference line (provided by email). Judge Jack Zouhary on 6/7/2022. (V,S)
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| Filing 30 Motion to Reactivate the Case filed by Plaintiff Last Chance Funding, Inc.. (Attachments: #1 Exhibit A - Direct Funding Club, #2 Exhibit B - Omni Capital, #3 Exhibit C - Cor Funding)(Kopcho, Nicholas) |
| Filing 29 Marginal Entry Order granting #27 Motion for appearance pro hac vice by attorney Ashlee Colonna Cohen for Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, 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. Judge Jack Zouhary on 4/25/2022. (Attachments: #1 ACTL Code of Conduct)(D,L) |
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ORDER [non-document] approving #28 April 22, 2022 Status Update. Further Joint Status Report due by Tuesday, July 5, 2022. Judge Jack Zouhary on 4/25/2022. (V,S)
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| Filing 28 Status Report filed by Last Chance Funding, Inc.. (Kopcho, Nicholas) |
| Filing 27 Motion for attorney Ashlee Colonna Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number 34660013030, filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. (Attachments: #1 Certificate of Good Standing)(K,AR) |
| Filing 26 Notice of Filing of Letter filed by Sharon Agler. (Attachments: #1 IRS Correspondence, #2 Allen County Common Pleas Documents, #3 Allen County Sheriff's Deed, #4 Envelope)(H,JL) |
| Filing 25 Status Report filed by Last Chance Funding, Inc.. (Kopcho, Nicholas) |
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Filing 24
ORDER. Telephone Conference held on March 9, 2022. This Court granted Mitchell's withdrawal as counsel for Defendant Sharon Agler #23 . Counsel shall confirm withdrawal with his client in writing, advising her of this Order and that substitute counsel must enter an appearance by Friday, April 15, 2022. This Court will permit counsel for the four above-mentioned LLC Defendants to file a notice of appearance by Friday, April 15, 2022. If the LLC Defendants do not have counsel at that time, this Court will entertain a motion for default judgment. Individual Defendants Sharon Agler and Tom Agler may proceed pro se, but only if they file a Notice to that effect. If they do nothing, this Court will entertain a motion for default judgment against them as well. Counsel shall file a brief Joint Status Report, including the status of related state court litigation by Friday, April 22, 2022. Judge Jack Zouhary on 3/11/2022. (20 mins)(V,S)
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| Copy of #24 mailed to Tom Agler Livestock, LLC, dba Tom Agler Livestock, c/o Tom Agler Sr., Registered Agent, 1895 N. Defiance Trail, Spencerville, OH 45887; Tom Agler Sr. Livestock, LLC, dba Tom Agler Livestock, c/o Tom Agler Sr., Registered Agent, 1895 N. Defiance Trail, Spencerville, OH 45887; Agler Livestock Trucking LLC, c/o Tom Agler Sr., Registered Agent, 11530 Zion Church Rd., Spencerville, OH 45887; Tom Agler Sr., 11530 Zion Church Rd., Spencerville, OH 45887; Sharon Agler, 11530 Zion Church Rd., Spencerville, OH 45887; Rocking A Cattle LLC, c/o United States Corporation Agents, Inc., 411 Wolf Ledges Parkway, Suite 201, Akron, OH 44311 on 3/11/2022. (D,L) |
| IMPORTANT: NOTICE [non-document] of Telephone Conference re Motion to Withdraw as Counsel #23 set for TODAY, 3/9/2022 at 1:45 PM before Judge Jack Zouhary. This Court will initiate the call. (V,S) |
| Filing 23 Notice of Withdrawal of Counsel by Matthew M. Mitchell (Mitchell, Matthew) Modified on 3/8/2022 (K,AR). |
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ORDER [non-document] approving #22 Joint Status Report. Further Joint Status Report due April 4, 2022. Judge Jack Zouhary on 1/5/2022. (V,S)
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| Filing 22 Joint Status Report by all Parties filed by All Plaintiffs. (Kopcho, Nicholas) |
| Copy of #21 mailed to Tom Agler, Sr. at 11530 Zion Church Rd., Spencerville, OH 45887 on 11/9/2021. (D,L) |
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Filing 21
ORDER. Phone Status held on 11/5/21. After discussion, it was agreed that this action should be stayed pending resolution of related litigation. See attached Order for detail. Counsel shall file brief Joint Status Reports every 90 days beginning on 1/4/22. Counsel may call Chambers and arrange for a conference call if and when needed. (30 min) Judge Jack Zouhary on 11/8/21. (S,Na)
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| NOTICE [non-document] of Phone Status set for 11/5/21 at 3:30 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 20 Notice of Counsel filed by Sharon Agler. (Mitchell, Matthew) |
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Filing 19
ORDER. Phone Status held on 9/24/21. Defendants' Motion to Withdraw (Doc. #18 ) is found well-taken and granted. Defense counsel shall confirm withdrawal with his clients in writing, advising them that substitute counsel must enter an appearance by 11/1/21. Case Management Conference set for 10/4/21 is vacated to be rescheduled. (15 min) Judge Jack Zouhary on 9/27/21. (S,Na)
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| NOTICE [non-document] of Phone Status re Motion to Withdraw as Counsel (Doc. #18 ) set for 9/24/21 at 10:30 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 18 Motion by Adam J. Motycka and Eric R. Neuman to withdraw as attorney filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. (Motycka, Adam) |
| Filing 17 Initial Disclosures Pursuant to Rule 26 filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. (Motycka, Adam) |
| Filing 16 Initial Disclosures of Plaintiff Last Chance Funding filed by Last Chance Funding, Inc.. (Kopcho, Nicholas) |
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ORDER [non-document]. Joint Motion to Continue Case Management Conference (CMC) (Doc. #15 ) granted. 8/23/21 CMC vacated and reset for 10/4/21 at 3:00 PM at Chambers 203 before Judge Jack Zouhary. Counsel and parties shall attend in person. Judge Jack Zouhary on 8/18/21. (S,Na)
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| Filing 15 Joint Motion to continue Case Management Scheduling Conference filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. Related document(s) #12 . (Motycka, Adam) |
| Filing 14 Answer to #1 Complaint, filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. (Motycka, Adam) |
| Filing 13 Case Management Conference Scheduling Notice. CMC to be held on Monday, August 23, 2021 at 11:00 AM in Room 203, Ashley Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio. Counsel and parties shall attend in person. Judge Jack Zouhary on 7/20/2021. (D,L) |
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Filing 12
ORDER. Phone Status held on 7/19/202121. This Court discussed with counsel the background of this case. Counsel shall complete Rule 26(a) initial disclosures. An in-person (counsel and clients) Case Management Conference (CMC) is set for Monday, August 23, 2021 at 11:00 AM (EDT). A CMC Notice will be filed simultaneously with this Order. Judge Jack Zouhary on 7/20/2021. (D,L)
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| NOTICE [non-document] of Initial Phone Status set for 7/19/21 at 1:00 PM before Judge Jack Zouhary. This Court will initiate the call. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) |
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ORDER [non-document] granting Defendants' Motion for Enlargement of Time to Move, Plead or Answer (Doc. #11 ). Answer due 8/2/21. Judge Jack Zouhary on 6/30/21. (S,Na)
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| Filing 11 Motion for extension of time until 07/30/2021 to answer Complaint of Last Chance Funding, Inc. filed by Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. Related document(s) #1 . (Motycka, Adam) |
| Filing 10 Return of Service by Clerk by certified mail executed upon Tom Agler Sr. Livestock, LLC on 6/8/2021, filed on behalf of Last Chance Funding, Inc. (K,AR) |
| Filing 9 Return of Service by Clerk by certified mail executed upon Agler Livestock Trucking LLC on 6/8/2021; Rocking A Cattle LLC on 6/7/2021; Sharon Agler on 6/8/2021; Tom Agler Livestock, LLC on 6/8/2021; Tom Agler Sr. on 6/8/2021, filed on behalf of Last Chance Funding, Inc. (K,AR) |
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Filing 8
Order of Attachment granting #3 Motion for Prejudgment Attachment Without A Hearing Under R.C. 2715.03 and 2715.045. See Order for details. Judge Jack Zouhary on 6/4/2021.(D,L)
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| Service by Clerk. Summons and Complaint addressed to Agler Livestock Trucking LLC (7020 1810 0001 7878 3506), Rocking A Cattle LLC (7020 1810 0001 7878 3476), Sharon Agler (7020 1810 0001 7878 3483), Tom Agler Livestock, LLC (7020 1810 0001 7878 3674), Tom Agler Sr. (7020 1810 0001 7878 3490), Tom Agler Sr. Livestock, LLC (7020 1810 0001 7878 3681) placed in U.S. Mail. Type of service: Certified mail. (M,L) |
| Filing 7 Original Summons and Magistrate Consent Form issued to counsel for service upon Agler Livestock Trucking LLC, Rocking A Cattle LLC, Sharon Agler, Tom Agler Livestock, LLC, Tom Agler Sr., Tom Agler Sr. Livestock, LLC. (M,L) |
| Filing 6 Praecipe for issuance of Original Summons filed by All Plaintiffs. Related document(s) #1 . (Attachments: #1 Summons)(Kopcho, Nicholas) |
| Filing 5 Corporate Disclosure Statement filed by All Plaintiffs. (Kopcho, Nicholas) |
| Filing 4 Affidavit/Declaration in Support of Prejudgment Attachment Without A Hearing Under R.C. 2715.03 and 2715.045 filed by All Plaintiffs. Related document(s) #3 . (Kopcho, Nicholas) |
| Filing 3 Motion for Prejudgment Attachment Without A Hearing Under R.C. 2715.03 and 2715.045 filed by Plaintiff Last Chance Funding, Inc.. Related document(s) #1 . (Kopcho, Nicholas) |
| Filing 2 Magistrate Consent Form issued. No summons provided, therefore no summons issued. (L,Ja) |
| Filing 1 Complaint for Breach of Contract, Conversion and Intent to Defraud Under the Uniform Fraudulent Transfer Act R.C. 1336.04 against All Defendants. Filing fee paid $ 402.00 Receipt number AOHNDC-10856130. Filed by Last Chance Funding, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Pleading Motion for Prejudgment, #3 Affidavit) (Kopcho, Nicholas) |
| Judge Jack Zouhary assigned to case. (L,Ja) |
| Notice by Clerk that Last Chance Funding, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,Ja) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (L,Ja) |
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