Sutphen et al v. Finkle Transport, Inc. et al
| Terry Sutphen and Beverly Sutphen |
| Finkle Transport, Inc., Evo Transportation and Energy Services, Inc., James C. Finkle, Jr. and Clifford Finkle, IV |
| 3:2022cv01300 |
| July 22, 2022 |
| US District Court for the Northern District of Ohio |
| James R Knepp |
| Jack Zouhary |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Order: [non-document] Plaintiff previously indicated this case is related to case 3:20-cv-648, and pursuant to this court's order issued on 7/26/2022, the matter is currently referred to Magistrate Judge Darrell A. Clay for settlement proceedings in all cases relevant to this matter. Accordingly, this case is deemed related to 3:20-cv-648 for purposes of settlement only, and all proceedings in this matter, including the service of complaints, shall be stayed pending the outcome of settlement proceedings. Judge James R. Knepp II on 9/13/2022. (B,JL)
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Order [non-document] I have received and reviewed the parties' Joint Status Report (Case 3:20cv648 ECF # 99 ). Sua sponte, for good cause shown, the status conference set for September 8, 2022 is hereby reset to 9:00 a.m. on Wednesday, September 21, 2022. Instructions for accessing the video conference will be provided in advance. The parties are directed to submit a Joint Status Report by 12:00 p.m. on Tuesday, September 20, 2022 outlining pertinent further developments regarding their efforts to complete the settlement of this matter and any issues that remain outstanding for resolution. Magistrate Judge Darrell A. Clay on 9/7/2022. (R,Ke)
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Order [non-document] I have received and reviewed the parties' Joint Status Report filed on August 26, 2022 in Case No. 3:20-cv-648. Sua sponte, the status conference set for later today in Case Nos. 3:20-cv-648, 3:22-cv-1299, and 3:22-cv-1300 is hereby cancelled. I will hold another video status conference with all counsel in these matters at 3:00 p.m. on Thursday, September 8, 2022. Instructions for accessing the video conference will be provided in advance. The parties are to file another Joint Status Report by 5:00 p.m. on Wednesday, September 7, 2022, outlining pertinent further developments regarding their efforts to complete the settlement of this matter and any issues that remain outstanding for resolution. Magistrate Judge Darrell A. Clay on 8/26/2022. (R,Ke)
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| Minutes of proceedings [non-document] before Magistrate Judge Darrell A. Clay. Status Conference held on 8/19/2022. Plaintiffs Terry Sutphen and Beverly Sutphen were represented by their attorneys William Bartle, Florence Murray, and Charles Murray. Defendant Midwest Construction Services, Inc. was represented by its attorney Peter Georgiton. Defendants Clifford B. Finkle, Jr., Inc. and Penske Truck Leasing, Inc., were represented by their attorney Robert C. Tucker. Defendant Taurean Sims was represented by his attorney Steven Kelley. Defendants P&P Transportation Services, Inc., and Estate of Elmer J. Kropf were represented by their attorney Shannon George. Defendant SGI Enterprises, Inc. was represented by its attorney Andrew Wilhelms. I received a further update from counsel regarding their discussions to finalize the terms of the settlement that was previously reached in Case No. 3:20-cv-648, along with developments in Case Nos. 3:22-cv-1299 and 3:22-cv-1300. I will hold another video status conference with counsel only on August 26, 2022 at 4:00 p.m. Instructions for accessing the video conference will be provided in advance. Further briefing on the Motion to Enforce Settlement in Case No. 3:20-cv-648 remains stayed, as do all other proceedings (including service of the Complaints) in Case Nos. 3:22-cv-1299 and 3:22-cv-1300. No later than 12:00 p.m. on August 26, 2022, the parties are to file a Joint Status Report that (i) summarizes their efforts to reduce the settlement agreement(s) to writing, (ii) indicates whether all parties consent to my exercising jurisdiction in these matters, and (iii) provides any other pertinent updates. Time: 25 minutes. (R,Ke) |
| Plaintiffs Terry Sutphen and Beverly Sutphen were represented by their attorneys William Bartle, Florence Murray, and Charles Murray. Defendant Midwest Construction Services, Inc. was represented by its attorneys Peter Georgiton and Joseph Merical. Defendants Clifford B. Finkle, Jr., Inc. and Penske Truck Leasing, Inc., were represented by their attorney Robert C. Tucker. Defendant Taurean Sims was represented by his attorney Steven Kelley. Defendants P&P Transportation Services, Inc., and Estate of Elmer J. Kropf were represented by their attorney Jeff Madrzykowski. Defendant SGI Enterprises, Inc. was represented by its attorney Andrew Wilhelms. I received an update from counsel regarding their discussions to finalize the terms of the settlement that was previously reached in Case No. 3:20-cv-648, along with developments in Case Nos. 3:22-cv-1299 and 3:22-cv-1300. I will hold another video status conference with counsel only on August 19, 2022 at 4:00 p.m. Parties are to be prepared at that time to indicate whether they will consent to my jurisdiction in these matters. Instructions for accessing the video conference will be provided in advance. Further briefing on the Motion to Enforce Settlement in Case No. 3:20-cv-648 remains stayed, as do all other proceedings (including service of the Complaints) in Case Nos. 3:22-cv-1299 and 3:22-cv-1300.Time: 35 minutes. (R,Ke) |
| Minutes of proceedings [non-document] before Magistrate Judge Darrell A. Clay. Status Conference held on 8/5/2022. Plaintiffs Terry Sutphen and Beverly Sutphen were represented by their attorneys William Bartle and Charles Murray, along with separate counsel John Tarkowsky. Defendant Midwest Construction Services, Inc. was represented by its attorney Joseph Merical. Defendants Clifford B. Finkle, Jr., Inc. and Penske Truck Leasing, Inc., were represented by their attorney Robert C. Tucker. Defendant Taurean Sims was represented by his attorney Amy Herman. Defendants P&P Transportation Services, Inc., and Estate of Elmer J. Kropf were represented by their attorney Shannon George. Defendant SGI Enterprises, Inc. was represented by its attorney Andrew Wilhelms. I received an update from counsel regarding their discussions to finalize the terms of settlement that were previously reached in Case No. 3:20-cv-648, along with developments in Case Nos. 3:22-cv-1299 and 3:22-cv-1300. I will hold another video status conference with counsel only on August 12, 2022 at 4:00 p.m. Instructions for accessing the video conference will be provided in advance. Further briefing on the Motion to Enforce Settlement in Case No. 3:20-cv-648 remains stayed, as do all other proceedings (including service of the Complaints) in Case Nos. 3:22-cv-1299 and 3:22-cv-1300. Time: 20 minutes. (R,Ke) |
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Filing 3
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge James R. Knepp, II for all further proceedings as related to Case No. 20 CV 648. Judge Jack Zouhary on 7/26/2022. (D,L)
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| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (K,AR) |
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Order of Referral: [non document] This case is referred to Magistrate Judge Darrell A. Clay for settlement. Judge James R. Knepp II on 7/26/2022. (B,JL)
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| Judge James R. Knepp II assigned to case Judge Jack Zouhary terminated. (K,AR) |
| Filing 2 Magistrate Consent Form issued. No Summons issued, none provided. (H,JL) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11532783. Plaintiff has indicated that case may be related to pending civil action 3:20-cv-00648. Filed by Terry Sutphen, Beverly Sutphen. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1 Correspondence, #3 Exhibit Exhibit 2 Staffing Agreement) (Murray, Florence) |
| Judge Jack Zouhary assigned to case (H,JL) |
| 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. (H,JL) |
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