Schulenburg et al v. Handel's Enterprises, Inc. et al
| Kenneth Schulenburg, Moonlight101 and Juliana Ortiz |
| Jim Brown, Handel's Enterprises, Inc., Does 1-25, inclusive, Leonard Fisher and Does 1-50 |
| 4:2018cv02094 |
| September 12, 2018 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.
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| Filing 40 Errata to Unopposed Motion for Leave to Plead filed by Moonlight101, Juliana Ortiz, Kenneth Schulenburg. Related document(s) #38 . (Vasvari, Raymond) |
| Filing 39 Marginal Entry Order granting Attorney Wang's Motion to withdraw as attorney. Attorney Philip Jeng-Hung Wang withdrawn from case. (Related Doc #35 ). Judge John R. Adams on 11/2/18.(K,C) |
| Filing 38 Unopposed Motion for leave to Plead in Response to Counterclaim filed by Moonlight101, Juliana Ortiz, Kenneth Schulenburg. Related document(s) #34 . (Attachments: #1 Pleading Proposed Answer Lodged with Motion for Leave to Plead, #2 Affidavit Declaration of Raymond V. Vasvari, Jr., #3 Affidavit Declaration of Michael Ghilezan)(Vasvari, Raymond) |
| Filing 37 Notice that Motion to Consolidate Will Not Be Opposed filed by Moonlight101, Juliana Ortiz, Kenneth Schulenburg. Related document(s) #33 .(Vasvari, Raymond) |
| Filing 36 Attorney Appearance by Raymond V. Vasvari, Jr and K. Ann Zimmerman filed by on behalf of Moonlight101, Juliana Ortiz, Kenneth Schulenburg. (Vasvari, Raymond) |
| Filing 35 Motion by Philip J. Wang to withdraw as attorney filed by Jim Brown, Leonard Fisher, Handel's Enterprises, Inc.. (McClurg, Warren) |
| Filing 34 Answer to #20 Amended complaint with jury demand, Counterclaim against Moonlight101, Kenneth Schulenburg, Juliana Ortiz filed by Leonard Fisher, Jim Brown, Handel's Enterprises, Inc.. (Attachments: #1 Exhibit A - March 5, 2018 Verified Complaint for Monetary, Declaratory, and Injunctive Relief)(McClurg, Warren) |
| Filing 33 Motion to consolidate cases with memorandum in support filed by Jim Brown, Leonard Fisher, Handel's Enterprises, Inc.. (Attachments: #1 Exhibit A - September 11, 2018 Order Granting Transfer to the Northern District of Ohio)(McClurg, Warren) |
| Notice to Attorney David S. Levaton. 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. (P,WL) |
| Notice to Attorney R. Michael Ghilezan. 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. (P,WL) |
| Notice to Attorney Philip JengHung Wang. 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. (P,WL) |
| Filing 32 Magistrate Consent Form issued. (W,CM) |
| Filing 31 CASE TRANSFERRED IN from District of California Southern. Case number 3:18-cv-00513. Electronic 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 Kathleen B. Burke. (W,CM) |
| Judge John R. Adams assigned to case. (W,CM) |
| Filing 30 Case transferred to Northern District of Ohio. Files transferred electronically to: *Northern District of Ohio*.*801 West Superior Avenue**Cleveland, OH 44113*. Signed by Judge Gonzalo P. Curiel on 9/11/2018. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(aef) (jao). [Transferred from casd on 9/12/2018.] |
| Filing 29 Minute Order. for proceedings held before Judge Gonzalo P. Curiel:Motion Hearing held on 9/7/2018 re #22 MOTION to Dismiss and Motion to Transfer - submitted. Court to issue Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Rares Ghilezan).(Defendant Attorney Andrew Fiorella and Philip Jeng-Hung Wang). (no document attached) (ksr) [Transferred from casd on 9/12/2018.] |
Filing 28
ORDER Providing Tentative Ruling Regarding Defendants' #22 MOTION to Dismiss the First and Second Cause of Action. Signed by Judge Gonzalo P. Curiel on 9/6/18.(All non-registered users served via U.S. Mail Service)(dlg) [Transferred from casd on 9/12/2018.]
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| Filing 27 NOTICE OF WITHDRAWAL OF DOCUMENT by Moonlight101, Kenneth Schulenburg . (Attachments: #1 Exhibit 1)(Ghilezan, Rares) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 26 REPLY to Response to Motion re #22 MOTION to Dismiss and Motion to Transfer filed by Jim Brown, Leonard Fisher, Handel's Enterprises, Inc. (Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 25 RESPONSE in Opposition re #22 MOTION to Dismiss and Motion to Transfer filed by Moonlight101, Kenneth Schulenburg. (Attachments: #1 Exhibit A)(Ghilezan, Rares) (rmc). Modified on 8/21/2018 to send qc email for courtesy copies (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 24 *** WITHDRAWN PER ECF 27 *** NOTICE of Errata by Moonlight101, Kenneth Schulenburg re #20 Amended Complaint, (Attachments: #1 Exhibit A - Redline comparison)(Ghilezan, Rares) Sent QC mail; no filing provision for Notice of Errata, redlined Amended Complaint not necessary (rmc). Modified on 9/4/2018 (dlg). [Transferred from casd on 9/12/2018.] |
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Filing 23
ORDER Setting Briefing Schedule re #22 MOTION to Dismiss and Motion to Transfer : Any opposition shall be filed on or before August 3, 2018. Any reply shall be filed on or before August 17, 2018. A hearing is set on September 7, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 7/16/18.(All non-registered users served via U.S. Mail Service)(dlg) [Transferred from casd on 9/12/2018.]
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| Filing 22 MOTION to Dismiss and Motion to Transfer by Jim Brown, Leonard Fisher, Handel's Enterprises, Inc.. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four)(Wang, Philip)Attorney Philip Jeng-Hung Wang added to party Jim Brown(pty:dft), Attorney Philip Jeng-Hung Wang added to party Leonard Fisher(pty:dft) (dlg). Added MOTION to Transfer on 9/12/2018 (aef). [Transferred from casd on 9/12/2018.] |
| Filing 21 Summons Issued re First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) [Transferred from casd on 9/12/2018.] |
| Filing 20 First AMENDED COMPLAINT with Jury Demand against DOES 1-50, Handel's Enterprises, Inc., Leonard Fisher, Jim Brown, filed by Kenneth Schulenburg, Moonlight101. (Attachments: #1 Exhibit Handel's 2015 FDD)New Summons Requested. (Ghilezan, Rares) (dlg). [Transferred from casd on 9/12/2018.] |
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Filing 19
ORDER Granting Defendant's #12 Motion to Dismiss With Leave to Amend. Plaintiffs shall file a first amended complaint on or before July 6, 2018. The hearing date set for June 22, 2018 shall be vacated. Signed by Judge Gonzalo P. Curiel on 6/18/18. (All non-registered users served via U.S. Mail Service)(dlg) [Transferred from casd on 9/12/2018.]
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| Filing 18 REPLY to Response to Motion re #12 MOTION to Dismiss Plaintiffs' Complaint for Damages filed by Handel's Enterprises, Inc.. (Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 17 NOTICE of Appearance by Rares M. Ghilezan on behalf of Moonlight101, Kenneth Schulenburg (Ghilezan, Rares)Attorney Rares M. Ghilezan added to party Moonlight101(pty:pla), Attorney Rares M. Ghilezan added to party Kenneth Schulenburg(pty:pla) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 16 RESPONSE in Opposition re #12 MOTION to Dismiss Plaintiffs' Complaint for Damages filed by Moonlight101, Kenneth Schulenburg. (Ghilezan, Rares). QC mailer - filer not associated with a party. Instructed to file Notice of Appearance. (jdt). [Transferred from casd on 9/12/2018.] |
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Filing 15
ORDER Setting Briefing Schedule re #12 MOTION to Dismiss Plaintiffs' Complaint for Damages : Any opposition shall be filed on or before May 18, 2018. Any reply shall be filed on or before June 1, 2018. A hearing is set on June 22, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/9/18.(All non-registered users served via U.S. Mail Service)(dlg) [Transferred from casd on 9/12/2018.]
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| Filing 14 REQUEST FOR JUDICIAL NOTICE by Handel's Enterprises, Inc. re #12 MOTION to Dismiss Plaintiffs' Complaint for Damages (Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 13 DECLARATION re #12 MOTION to Dismiss Plaintiffs' Complaint for Damages by Defendant Handel's Enterprises, Inc.. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four, #5 Exhibit Five, #6 Exhibit Six, #7 Exhibit Seven, #8 Exhibit Eight, #9 Exhibit Nine)(Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 12 MOTION to Dismiss Plaintiffs' Complaint for Damages by Handel's Enterprises, Inc.. (Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
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Filing 11
ORDER Approving the Pro Hac Vice Application of Warren T. McClurg, II (Re: Doc. No. #8 Request to Appear Pro Hac Vice). Signed by Judge Gonzalo P. Curiel on 4/4/2018.(All non-registered users served via U.S. Mail Service)(jrd) [Transferred from casd on 9/12/2018.]
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Filing 10
ORDER Approving the Pro Hac Vice Application of Andrew Gregory Fiorella (Re: Doc. No. #6 Request to Appear Pro Hac Vice). Signed by Judge Gonzalo P. Curiel on 4/2/2018.(All non-registered users served via U.S. Mail Service)(jrd) [Transferred from casd on 9/12/2018.]
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Filing 9
ORDER Approving the Pro Hac Vice Application of Elizabeth A. Batts (Re: Doc. No. #7 Request to Appear Pro Hac Vice). Signed by Judge Gonzalo P. Curiel on 4/2/2018.(All non-registered users served via U.S. Mail Service)(jrd) [Transferred from casd on 9/12/2018.]
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| Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11076619.) (Application to be reviewed by Clerk.) (McClurg, Warren) (ajs). [Transferred from casd on 9/12/2018.] |
| Filing 7 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11068264.)(Application to be reviewed by Clerk.)(Batts, Elizabeth)(jrd) [Transferred from casd on 9/12/2018.] |
| Filing 6 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11064357.)(Application to be reviewed by Clerk.)(Fiorella, Andrew)(jrd) [Transferred from casd on 9/12/2018.] |
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Filing 5
ORDER Granting Joint #4 Motion for Extension of Time to File a Response to the Complaint. The time for Defendant Handel's Enterprises, Inc. to answer or otherwise respond to the Complaint for Damages is extended until Friday, April 6, 2018. Signed by Judge Gonzalo P. Curiel on 3/23/18. (All non-registered users served via U.S. Mail Service)(dlg) [Transferred from casd on 9/12/2018.]
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| Filing 4 Joint MOTION for Extension of Time to File Answer or other Response by Handel's Enterprises, Inc.. (Attachments: #1 Declaration Certificate of Service)(Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 3 CERTIFICATE OF SERVICE by Handel's Enterprises, Inc. re #2 Corporate Disclosure Statement (Wang, Philip) (dlg). [Transferred from casd on 9/12/2018.] |
| Filing 2 Corporate Disclosure Statement by Handel's Enterprises, Inc.. No Corporate Parents/Interested Parties. (Wang, Philip) QC email, missing certificate of service (dlg). (jao). [Transferred from casd on 9/12/2018.] |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-02018-00005083-CU-FR-CTL ( filing fee $ 400 receipt number 0974-11000707), filed by Handel's Enterprises, Inc. (Attachments: #1 civil cover sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B)The new case number is 3:18-cv-00513-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case.(jrm) (jao). [Transferred from casd on 9/12/2018.] |
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