Schwab Industries, Inc. v. Huntington National Bank et al
Appellant: Schwab Industries, Inc.
Appellee: Huntington National Bank and Hahn Loeser & Parks
Case Number: 5:2015cv02098
Filed: October 8, 2015
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Stark
Presiding Judge: Sara Lioi
Nature of Suit: Appeal
Cause of Action: 28:0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 9, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2017 Filing 19 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's order re #17 Notice of Appeal (USCA# 16-3790). Date issued as mandate 3/8/17, Costs: None (H,SP)
July 27, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #17 Notice of Appeal (USCA# 16-3790). Date filed in USCA 7/15/16. (H,SP)
July 12, 2016 Filing 17 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #10 Order of 10/27/15, #15 Memorandum Opinion and #16 Judgment Entry of 6/24/16, filed by Schwab Industries, Inc.. (Filing fee of $505 paid, receipt number 0647-7708126) (Greenwell, Matthew). Modified text on 7/13/2016 (H,SP).
June 24, 2016 Filing 16 Judgment Entry: For the reasons set forth in the contemporaneously filed Memorandum Opinion, because this Court lacks jurisdiction over this untimely appeal, it is dismissed. Case closed. Judge Sara Lioi on 6/24/2016. (S,He)
June 24, 2016 Filing 15 Memorandum Opinion: Before the Court are motions to dismiss filed separately by appellees Hahn, Loeser & Parks, LLP, Lawrence E. Oscar, and Andrew Krause (Doc. No. #5 ) and by appellee Huntington National Bank (Doc. No. #7 .) Appellant filed a combined brief in opposition. (Doc. No. #11 .) The appellees filed their separate reply briefs. (Doc. Nos. #12 and #13 , respectively.) Because the notice of appeal was not timely filed, this Court lacks jurisdiction. Therefore, the two motions to dismiss are granted. Judge Sara Lioi on 6/24/2016. (S,He)
December 9, 2015 Filing 14 Notice of Withdrawal of Karen E. Swanson Haan as Counsel for Hahn, Loeser & Parks LLP, Andrew Krause and Lawrence E. Oscar filed by Hahn Loeser & Parks. (VanNiel, Michael)
December 4, 2015 Filing 13 Reply in support of #7 Motion to dismiss Appeal filed by Huntington National Bank. (Nicoll, Andrew)
December 1, 2015 Filing 12 Reply in support of #5 Motion to dismiss untimely appeal filed by Hahn Loeser & Parks. (Warren, Daniel)
November 20, 2015 Filing 11 Opposition to #5 Motion to dismiss untimely appeal, #7 Motion to dismiss Appeal filed by Schwab Industries, Inc.. (Greenwell, Matthew)
October 27, 2015 Opinion or Order Filing 10 Order: Appellant's Leave Motion (Doc. No. #1 -3) is denied as moot. To be clear, the notice of appeal filed in the bankruptcy court on October 7, 2015 was not interlocutory. The following schedule shall now control: appellant's opposition to the motions to dismiss shall be due no later than November 20, 2015; appellees' replies shall be due no later than December 4, 2015. Further, the Briefing Motion (Doc. No. #4 ) is denied, and all other briefing is suspended until further order of the Court. Judge Sara Lioi on 10/27/2015.(P,J) Modified on 10/28/2015 to link to motions to dismiss. (D,S).
October 26, 2015 Filing 9 Corporate Disclosure Statement identifying Corporate Parent Huntington Bancshares Incorporated for Huntington National Bank filed by Huntington National Bank. (Nicoll, Andrew)
October 26, 2015 Filing 8 Response to Motion for leave to appeal filed by Huntington National Bank. Related document #4 . (Nicoll, Andrew) Modified text on 10/28/2015 (H,KR).
October 26, 2015 Filing 7 Motion to dismiss Appeal filed by Appellee Huntington National Bank. (Attachments: #1 Appendix of Statutes and Rules, #2 Exhibit A - Huntington Remand Denial, #3 Exhibit B - Memo re Huntington Remand Denial, #4 Exhibit C - Hahn Loeser Remand Denial, #5 Exhibit D - Consolidation Order, #6 Exhibit E - Denial of Leave to Appeal in Huntington Adversary, #7 Exhibit F - Judgment re Denial of Leave to Appeal in Huntington Adversary, #8 Exhibit G - Denial of Leave to Appeal in Hahn Loeser Adversary, #9 Exhibit H - Judgment re Denial of Leave to Appeal in Hahn Loeser Adversary, #10 Exhibit I - Dismissal Order, #11 Exhibit J - Memo re Dismissal Order, #12 Exhibit K - Declaration of Andrew S Nicoll)(Nicoll, Andrew) Modified duplicate exhibit text on 10/28/2015 (H,KR).
October 26, 2015 Filing 6 Brief in Opposition to Motion for leave to appeal filed by Hahn Loeser & Parks. Related document #4 . (Warren, Daniel) Modified text on 10/28/2015 (H,KR).
October 26, 2015 Filing 5 Motion to dismiss untimely appeal filed by Appellee Hahn Loeser & Parks. Related document(s) #1 . (Attachments: #1 Exhibit A - September 20, 2012 Opinion, #2 Exhibit B - January 22, 2014 Opinion, #3 Exhibit C - September 15, 2014 Opinion, #4 Exhibit D - October 24, 2014 Opinion, #5 Exhibit E - May 20, 2015 Opinion, #6 Exhibit F - September 21, 2015 Opinion)(Warren, Daniel) Modified text on 10/28/2015 (H,KR).
October 21, 2015 Filing 4 Motion for Order Resetting Briefing Schedule filed by Appellant Schwab Industries, Inc.. (Greenwell, Matthew)
October 8, 2015 Filing 3 Initial Standing Order. Judge Sara Lioi on 10/8/2015. (P,J)
October 8, 2015 Notice [non-document] to the parties that an appeal from the order of U.S. Bankruptcy Judge Russ Kendig, U.S. Bankruptcy Case No. 14-6024, has been filed with the U.S. District Court. All further correspondence and filings relating to the appeal should bear the civil action number of the U.S. District Court. (M,TL)
October 8, 2015 Filing 2 Administrative Track DCM Initial Order. Chief Judge Solomon Oliver, Jr. (M,TL)
October 8, 2015 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. (M,TL)
October 8, 2015 Judge Sara Lioi assigned to case. (M,TL)
October 8, 2015 Filing 1 Appeal from Bankruptcy Court of Order dated 9/21/15, filed by Schwab Industries, Inc. (Attachments: #1 USBC Order #85, #2 USBC Order #37, #3 USBC Motion for Leave to Appeal, #4 USBC Written Statement of Election, #5 USBC Docket Sheet) (M,TL)

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Appellant: Schwab Industries, Inc.
Represented By: Matthew D. Greenwell
Represented By: Charles V. Longo
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Appellee: Huntington National Bank
Represented By: Andrew S. Nicoll
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Appellee: Hahn Loeser & Parks
Represented By: Jack B. Cooper
Represented By: Karen E. Swanson-Haan
Represented By: Michael A. VanNiel
Represented By: Daniel R. Warren
Represented By: Thomas D. Warren
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