Greg Herrick v. National Football League et al
| Greg Herrick and Carmelo Treviso |
| National Football League and National Football Museum, Inc. doing business as Pro Football Hall of Fame |
| 5:2017cv00472 |
| March 7, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Christopher A Boyko |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 183
Order The Court grants the Joint Motion for Preliminary Approval of Class Action Settlement, Notice and Class Counsels Attorneys Fees. (ECF #182 ). Final Fairness Hearing set for November 17, 2023 at 2:00 pm EST. Parties shall correct the address of the Court on the Notice to reflect that the hearing will be held at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Also the parties shall include with their October 20, 2023 Motion for Final Approval of Settlement any objections or responses from the United States or respective state attorneys general. Judge Christopher A. Boyko on 7/6/2023.(L,Ja)
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Filing 182
Joint Motion Preliminary Approval of Class Action Settlement, Notice, and Class Counsels' Attorneys' Fees filed by Plaintiff Carmelo Treviso. (Attachments: #1 Brief in Support of Joint Motion for Preliminary Approval of Class Action Settlement, #2 Affidavit of Carmelo Treviso, #3 Affidavit of Ahmed Ibrahim, #4 Affidavit of Romney Cullers, #5 Affidavit of Julie Green, #6 Proposed Order Granting Preliminary Approval of Class Action Settlement)(Ibrahim, Ahmed)
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Filing 181
Settlement Notice Filed Pursuant to Court Order (ECF No. 180) filed by Carmelo Treviso. (Attachments: #1 Exhibit 1 - Class Action Settlement Agreement)(Ibrahim, Ahmed)
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Filing 180
Order: For reasons set forth in this order, A fully executed final settlement agreement with releases shall be filed no later than June 19, 2023. A Joint Motion for Preliminary Approval of the Settlement, Notice and Class Counsels attorneys fees along with a proposed order preliminarily approving the same shall be filed no later than July 3, 2023. The parties shall include in the Joint Motion agreed upon proposed dates for a Final Fairness Hearing to be held no later than November 2023. Judge Christopher A. Boyko on 5/22/2023. (L,Ja)
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Filing 179
Joint Status Report Regarding Settlement Plan filed by All Defendants. (Zurakowski, Scott)
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Order [non-document] In light of the parties' settlement of all remaining claims the final pretrial set for May 15, 2023 and Trial set for June 5, 2023 are cancelled. Judge Christopher A. Boyko on 5/15/2023. (L,Ja)
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Minutes of proceedings[non-document] before Judge Christopher A. Boyko. Final Settlement Conference held on 5/3/23. Parties reached a settlement on the primary remaining issues. Therefore the Court orders the parties to confer and submit to the Court no later than May 18, 2023 an agreed upon plan for final resolution of the above case to include agreed upon proposed dates for a final fairness hearing. If the parties cannot agree they shall submit a joint proposed plan with detailed explanation of their respective positions on the disputed issue(s). Time: 2 hours 45 minutes. (F,AW)
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Order [non-document] The Court grants Plaintiff's Motion for Relief from Personal Appearance at the May 3, 2023 Settlement Conference. (ECF #178 ). Plaintiff will not be required to attend in person but shall be available by phone for the duration of the conference. Judge Christopher A. Boyko on 5/2/2023.(L,Ja)
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Filing 178
Motion for relief from personal appearance at Settlement Conference filed by Plaintiff Carmelo Treviso. Related document(s) #177 . (Attachments: #1 Proposed Order Granting Motion for Relief From Personal Appearance at Settlement Conference)(Ibrahim, Ahmed)
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Filing 177
Standing Order for Settlement Conferences. Judge Christopher A. Boyko on 4/27/2023. (L,Ja)
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Order [non-document] The Court will hold an in person settlement conference in the above captioned case on May 3, 2023 at 2:00 pm EST. Settlement Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114 . All parties with full settlement authority must attend. Settlement Conference order to issue. Judge Christopher A. Boyko on 3/15/2023. (L,Ja)
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Filing 176
Joint Status Report Regarding Settlement Conference filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Order [non-document] With the trial date fast approaching, the Court orders the parties to confer about a possible settlement conference with the Court or assigned Magistrate Judge prior to trial. If interested, the parties shall submit to the Court no later than Friday March 3, 2023 agreed upon proposed dates for a settlement/mediation and also include their preference for Judge Boyko or Magistrate Judge Jennifer Dowdell Armstrong to conduct the mediation/settlement conference. Judge Christopher A. Boyko on 2/22/2023. (L,Ja)
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Reassignment of Magistrate Judge pursuant to General Order 2022-14. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (Mc,K)
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Filing 175
Civil Trial Order. Jury trial set for June 5, 2023 at 9:00 am in Courtroom 328 East Chambers of the Honorable Christopher A. Boyko, United States District Court, 201 Superior Avenue, Cleveland, Ohio. Final Pretrial Conference set for May 15, 2023 at 2:00 pm in Chambers 328. Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information. Judge Christopher A. Boyko on 9/12/2022. (L,Ja)
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Filing 174
Order The Court adopts the parties' Joint Status Report Regarding Proposed Trial and Pretrial Schedule (ECF #173 ) as follows:Plaintiff's expert report due date: April 10, 2023; Defendant's expert report due date: May 1, 2023;Expert discovery cutoff date: May 22, 2023; Trial (Phase One Liability): June 5, 2023. The Court will hold a Final Pretrial on May 15, 2023 at 2:00 pm EST. Civil Trial Order Judge Christopher A. Boyko on 9/12/2022. (L,Ja)
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Filing 173
Joint Status Report Regarding Proposed Trial and Pretrial Schedule filed by All Plaintiffs. (Cullers, Romney)
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Order [non-document] The Court instructs the parties to confer and submit to the Court no later than September 9, 2022 a proposed schedule including agreed upon dates for trial. Judge Christopher A. Boyko on 8/30/2022. (L,Ja)
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Filing 172
Order: For reasons set forth in this order, Defendant National Football Museum, Inc., d/b/a Pro Football Hall of Fame's Motion for Plan of Notice is denied (Related Doc #168 ). Judge Christopher A. Boyko on 8/29/2022. (Additional attachment(s) added on 9/7/2022: #1 amended order) (L,Ja). Modified on 9/7/2022, to reflect updated order (L,Ja).
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Filing 171
Reply in support of #168 Motion for Plan of Notice filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 170
Response to #168 Motion for Plan of Notice filed by Carmelo Treviso. (Attachments: #1 Affidavit of Julie Green Regarding Notice Plan)(Ibrahim, Ahmed) Wrong s/ signature. Signed by Romney Cullers.(S,HR)
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Filing 169
Joint Status Report Regarding Telephone Status Conference to Discuss Trial Preparation filed by All Defendants. (Zurakowski, Scott)
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Filing 168
Motion for Plan of Notice with memorandum in support filed by Defendant National Football Museum, Inc.. Related document(s) #163 . (Zurakowski, Scott)
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Order: [non-document] According to the parties' Joint Status Report on Discovery (ECF #167 ) they are pursuing mediation with a private mediator in May of 2022. The parties request an additional 150 days of discovery after the mediation is complete. Given the age of the case and the stated need for only one or two additional depositions the Court grants in part the request and gives the parties until August 22, 2022 to complete fact discovery. If the case does not settle at the mediation the parties shall confer and submit to the Court no later than May 27, 2022 agreed upon dates for a telephone status conference to discuss trial preparation. Judge Christopher A. Boyko on 4/26/2022. (L,Ja)
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Filing 167
Joint Status Report on Discovery filed by National Football League, National Football Museum, Inc.. (Zurakowski, Scott)
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Order [non-document] The parties shall confer and submit to the Court no later than April 21, 2022 a joint status report on discovery and an agreed upon proposed schedule going forward. If the parties cannot agree on a proposed schedule the joint filing shall include each party's proposed schedule along with the reasons for any disagreement on the schedule. Judge Christopher A. Boyko on 4/7/2022. (L,Ja)
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Filing 166
Notice of Withdrawal of Counsel (Mathew E. Doney) filed by National Football Museum, Inc.. Related document(s) #140 .(Zurakowski, Scott)
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Filing 165
Order. This cause comes before the Court upon review of the agreed filing of class notice documents jointly submitted by Plaintiff and Defendant [Doc. #163 ]. The Court hereby approves the Notices and Opt-Out Forms attached thereto. It is further ordered that Defendant within 10 days of this Order provide identification and contact information on the class in an electronic format. Judge Christopher A. Boyko on 11/1/21. (S,HR)
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Filing 164
Proposed Order Approving Class Notice Documents filed by National Football League, National Football Museum, Inc.. Related document(s) #163 . (Williams, James)
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Filing 163
Agreed Filing of Class Notice Documents filed by National Football Museum, Inc.. (Attachments: #1 Exhibit A - Email Notice, #2 Exhibit B - Text Message Notice, #3 Exhibit C - Post Card Notice, #4 Exhibit D - Long Form Class Notice)Related document(s) #162 .(Zurakowski, Scott)
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Filing 162
Order. The Court rejects, in part, and adopts, in part, Defendant's objections to Plaintiffs' Class notice. The Court orders the parties to confer and submit to the Court no later October 22, 2021 agreed upon notice in accordance with the rulings herein. See Order for details. Judge Christopher A. Boyko on 10/15/21. (S,HR)
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Filing 161
Reply to #160 Objection and Memorandum in Opposition to Plaintiff's Proposed Class Notices filed by All Plaintiffs. (Cullers, Romney)
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Order [non-document]. The Court grants Plaintiff's Unopposed Motion to extend deadline to submit proposed class notice until 12/28/2020 (ECf #155 ) and grants Defendants' Amended Unopposed Motion for extension of time until 1/18/2021 to extend deadline to submit opposition to proposed class notice (ECF #159 ). Judge Christopher A. Boyko on 1/19/21.(S,HR)
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Order [non-document] denying as moot Defendant's #158 Motion to extend deadline to submit opposition to proposed class notice. Judge Christopher A. Boyko on 1/19/21.(S,HR)
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Filing 160
Objection and Memorandum in Opposition to Plaintiff's Proposed Class Notices, filed by National Football Museum, Inc. Related document(s) #159 , #157 . (Attachments: #1 Exhibit A - Revision to Class Notice) (Zurakowski, Scott)
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Filing 159
Amended Unopposed Motion for extension of time until 1/18/2021 to extend deadline to submit opposition to proposed class notice, filed by Defendant National Football Museum, Inc. Related document(s) #158 , #157 . (Zurakowski, Scott)
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Filing 158
Unopposed Motion for extension of time until 1/18/20 to extend deadline to submit opposition to proposed class notice, filed by Defendant National Football Museum, Inc. Related document(s) #157 . (Zurakowski, Scott)
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Filing 157
Proposed Forms of Class Notice filed by All Plaintiffs. (Attachments: #1 Exhibit A - Email Notice, #2 Exhibit B - Text Message Notice, #3 Exhibit C - Postcard Notice, #4 Exhibit D - Long Form Class Notice)(Cullers, Romney)
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Filing 156
Proposed Order filed by All Plaintiffs. Related document(s) #155 . (Cullers, Romney)
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Filing 155
Unopposed Motion to extend deadline to submit proposed class notice until 12/28/2020, filed by Greg Herrick, Carmelo Treviso. Related document(s) #154 . (Cullers, Romney)
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Filing 154
Opinion and Order granting Plaintiff's Amended Renewed Motion for class certification and Appointment of Class Counsel (Related Doc #142 ). The Court certifies the class and approves Treviso as class representative and appoints proposed counsel as class counsel. Plaintiff shall submit its proposed class notice for the Court's approval no later than December 14, 2020. Judge Christopher A. Boyko on 11/30/2020.(D, I)
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Filing 153
Marginal Entry Order granting #145 Plaintiff's Sealed Unopposed Motion to file Exhibits 1 and 2 to the declaration of Ahmed Ibrahim under seal. Judge Christopher A. Boyko on 10/6/2020.(D, I)
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Filing 152
Notice of Withdrawal as Counsel filed by National Football Museum, Inc.. Related document(s) #124 .(Connelly, Amanda)
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Filing 151
Order In light of General Orders 2020-5 and 2020-5-1, the Court cancels all in-person and telephone Case Management and Status Conferences through May 1, 2020. In lieu of the CMCs and Status Conferences, the parties shall file enhanced Rule 26 Reports or Joint Status Reports as described herein. All existing deadlines on civil proceedings for discovery, amendments, mediations, special master duties and dispositive motions are extended sixty days. Judge Christopher A. Boyko on 3/24/2020.
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LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
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As of January 6, 2020 Judge Christopher Boyko has taken Senior Status. Effective February 3, 2020, Judge Boyko is moving his chambers to the Howard Metzenbaum Courthouse located at 201 Superior Avenue, Cleveland, Ohio 44114. His office will be located in the East Chambers Rm 328. The Court will maintain courtroom facilities at Courtroom 15B of the Carl B. Stokes Courthouse so please consult the docket for the location of any upcoming proceedings. The phone number will remain 216 357-7151 so any telephonic conferences will not be affected by the change in location. (SL) (ADI)
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IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
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Filing 150
Reply in support of #142 Amended Motion for class certification and Motion for appointment of counsel filed by All Plaintiffs. (Attachments: #1 Exhibit Supplemental Declaration of Ahmed Ibrahim in support of Plaintiff's Amended Renewed Motion for Class Certification and Appointment of Class Counsel)(Cullers, Romney)
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Filing 149
Opposition to #142 Amended Motion for class certification and Motion for appointment of counsel filed by National Football Museum, Inc.. (Attachments: #1 Declaration of Scott M. Zurakowski in Support of Defendant, National Football Museum, Inc. dba Pro Football Hall of Fame's Memorandum in Opposition to Plaintiff Carmelo Treviso's Amended Renewed Motion to Amend Renewed Motion for Class Certification and Appointment of Class Counsel, #2 Exhibit A - Notice of Motion and Motion to Appoint Interim Class Counsel; Memorandum of Points and Authorities)(Zurakowski, Scott)
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Filing 148
FILING ERROR, SEE DOC #149 Opposition to #142 Amended Motion for class certification and Motion for appointment of counsel filed by National Football Museum, Inc.. (Attachments: #1 Declaration of Scott M. Zurakowski in Support of Defendant, National Football Museum, Inc., dba Pro Football Hall of Fame's Memorandum in Opposition to Plaintiff Carmelo Treviso's Amended Renewed Motion to Amend Renewed Motion for Class Certification and Appointment of Class Counsel, #2 Exhibit A - Notice of Motion and Motion to Appoint Interim Class Counsel; Memorandum of Points and Authorities)(Zurakowski, Scott) Modified on 11/1/2019 (S,SR).
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Filing 147
Notice of Filing of Amended Renewed Motion and Amended Renewed Motion for Class certification and Appointment of Counsel filed by All Plaintiffs. Related document(s) #142 .(Cullers, Romney)
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Filing 146
Proposed Order filed by All Plaintiffs. Related document(s) #142 . (Cullers, Romney)
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Filing 145
SEALED Motion #76 , #142 filed by Greg Herrick, Carmelo Treviso. Related document(s) #76 , #142 . (Cullers, Romney)
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Filing 144
Declaration Romney B. Cullers filed by All Plaintiffs. Related document(s) #142 . (Cullers, Romney)
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Filing 143
Declaration of Ahmed Ibrahim filed by All Plaintiffs. Related document(s) #142 . (Cullers, Romney)
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Filing 142
Amended Motion for class certification and Motion for appointment of class counsel filed by Greg Herrick, Carmelo Treviso. (Cullers, Romney). Added Motion for appointment of counsel on 10/24/2019 (W,CM).
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Filing 141
Order: The Court finds the pending Renewed Motion for Class Certification (Doc. #128 ) is moot and orders Plaintiff to submit an Amended Renewed Motion for Class Certification to include his arguments why Ibrahim and counsel with the Becker Law Firm satisfy the requirements of Rule 23(a)(4) and 23(g) no later than October 11, 2019. Defendant shall file its Opposition no later than October 31, 2019 and Plaintiff's Reply shall be filed no later than November 12, 2019. Plaintiff's Motion to Amend (Doc. #135 ) is granted and Plaintiff shall file his Amended Renewed Motion for Class Certification no later than October 11, 2019. Judge Christopher A. Boyko on 9/25/2019.(D, I)
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Order [non-document] granting #137 Defendant's Motion for Extension of Time to File Response/Reply. Judge Christopher A. Boyko on 9/25/2019.(D, I)
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Filing 140
Notice of Substitution of Counsel removing attorney Aletha M. Carver and adding attorney Matthew E. Doney filed by on behalf of National Football Museum, Inc.. (Doney, Matthew)
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Filing 139
Reply in support of #135 Motion to amend renewed Motion for class certification and appointment of class counsel filed by All Plaintiffs. (Cullers, Romney)
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Filing 138
Opposition to #135 Motion to amend renewed Motion for class certification and appointment of class counsel filed by National Football Museum, Inc.. (Attachments: #1 Declaration of Scott M. Zurakowski, #2 Exhibit A - Joint Stipulation and Order re: Appointment of Receiver and Restraining Order, #3 Exhibit B - Notice of Receivership, #4 Exhibit C - Receiver's Opposition to William C. Hearon and Ahmed Ibrahim's Motion to Appoint Interim Class Counsel)(Zurakowski, Scott)
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Filing 137
Motion for extension of time until May 7, 2019 to respond to Motion to Amend Renewed Motion for Class Certification and Appointment of Class Counsel, and Notice regarding status of filing Supplemental Opposition to Renewed Motion for Class Certification and Appointment of Class Counsel and filed by National Football Museum, Inc. Related document(s) #134 , #135 .(Zurakowski, Scott)
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Filing 136
Address Change Notice by Romney B. Cullers filed by on behalf of All Plaintiffs. (Cullers, Romney)
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Filing 135
Motion to amend renewed Motion for class certification and appointment of class counsel filed by Greg Herrick, Carmelo Treviso. Related document(s) #128 . (Attachments: #1 Exhibit Ibrahim Ahmed Declaration, #2 Exhibit Avenatti Michael Declaration, #3 Exhibit Treviso Carmelo Declaration, #4 Proposed Order)(Cullers, Romney)
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Order [non-document] granting Defendant's Motion for leave to file supplemental opposition to Renewed Motion for class certification and appointment of class counsel (Related Doc #134 ). Judge Christopher A. Boyko on 4/4/2019.(H,CM)
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Filing 134
Motion for leave to File Supplemental Memorandum in Opposition to Plaintiff's Renewed Motion for Class Certification and Appointment of Class Counsel, Instanter filed by Defendant National Football Museum, Inc.. Related document(s) #128 , #132 , #129 . (Attachments: #1 Supplemental Memorandum in Opposition to Plaintiff's Renewed Motion for Class Certification and Appointment of Class Counsel, Instanter, #2 Declaration of Scott M. Zurakowski in Support of Supplemental Memorandum in Opposition to Plaintiff's Renewed Motion for Class Certification and Appointment of Class Counsel, Instanter, #3 Exhibit A - Joint Stipulation and Order re: Appointment of Receiver and Restraining Order, #4 Exhibit B - Voluntary Petition for Non-Individual Filing for Bankruptcy, #5 Exhibit C - California Criminal Complaint, #6 Exhibit D - New York Criminal Complaint, #7 Exhibit E - Declaration of Michael J. Avenatti)(Zurakowski, Scott)
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Filing 133
Reply in support of #128 Notice of Renewed Motion for class certification, Motion for appointment of class counsel filed by All Plaintiffs. (Attachments: #1 Declaration of Romney Cullers in Support of Plaintiffs' Reply in Support of Renewed Motion for Class Certification and Appointment of Class Counsel, #2 Supplemental Declaration of Michael J. Avenatti in Support of Plaintiffs' Reply in Support of Renewed Motion for Class Certification and Appointment of Class Counsel)(Cullers, Romney)
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Filing 132
Opposition to #128 Notice of Renewed Motion for class certificationMotion for appointment of class counsel, #129 Memorandum of Points and Authorities in Support of Renewed Motion for Class Certification and Appointment of Class Counsel filed by National Football Museum, Inc.. (Attachments: #1 Declaration of Scott M. Zurakowski, #2 Exhibit A - Order Granting Motion for Entry of Final Judgment Against Eagan Avenatti, LLP, #3 Exhibit B - Final Judgment Against Eagan Avenatti, LLP, #4 Exhibit C - Judgment Against Michael Avenatti, #5 Exhibit D - Notice of Entry of Judgment or Order and attached Minute Order Granting Writ of Possession Against Eagan Avenatti, LLP)(Zurakowski, Scott)
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Filing 131
Appeal Order from USCA for the Sixth Circuit: Denying the petition by plaintiff Carmelo Treviso for permission to appeal the denial of his motion to certify a class action (USCA# 18-0316). Circuit Judges: Clay, Gilman, and White. Date issued by USCA 11/26/18 (H,SP)
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Filing 130
Unopposed Motion for extension of time until December 10, 2018 to file response/reply to #128 Notice of Renewed Motion for class certificationMotion for appointment of class counsel filed by Defendant National Football Museum, Inc.. Related document(s) #128 . (Attachments: #1 Proposed Order to Motion for Extension of Time to File Response to Renewed Motion for Class Certification and Appointment of Class Counsel)(Zurakowski, Scott)
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Order [non-document] granting Defendant's unopposed #130 Motion for extension of time until 12/10/2018 to respond to Renewed Motion for class certification and appointment of class counsel. Related doc. #128 Judge Christopher A. Boyko on 11/8/2018.(H,CM)
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Filing 129
Memorandum of Points and Authorities in Support of Renewed Motion for Class Certification and Appointment of Class Counsel filed by Greg Herrick, Carmelo Treviso. Related document(s) #128 . (Cullers, Romney)
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Filing 128
Notice of Renewed Motion for class certification, Motion for appointment of class counsel filed by Greg Herrick, Carmelo Treviso. (Cullers, Romney) Added Motion part on 11/6/2018 (P,WL).
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Order [non-document] granting Plaintiff's #127 Motion to extend deadline until 11/5/2018 to file Renewed Motion for class certification. Judge Christopher A. Boyko on 10/9/2018.(H,CM)
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Filing 127
Unopposed Motion for extension until November 5, 2018 to file renewed motion for class certification filed by Greg Herrick, Carmelo Treviso. Related document(s) #126 . (Attachments: #1 Proposed Order)(Cullers, Romney)
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Filing 126
Opinion and Order. Plaintiff's Motion for Class Certification (Related doc #102 ) is denied. Having considered Dr. Hastings' expert report, Defendant's Motions to Strike (Related doc #'s #105 , #112 ) are denied. Plaintiff may file a Renewed Motion for Class Certification by 10/15/2018. Judge Christopher A. Boyko on 9/25/2018. (H,CM)
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Filing 125
Answer to #121 Amended complaint filed by National Football Museum, Inc. (Zurakowski, Scott)
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Filing 124
Notice of Appearance of Attorney Amanda M. Connelly filed on behalf of National Football Museum, Inc. (Connelly, Amanda)
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Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Oral arguments on Motion for Class Certification (Related doc #102 ) held 3/26/2018. Motion heard and submitted. (Court Reporter: Sue Trischan; Time: 1 hour.) (H,CM)
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Filing 123
Order. Having received the proposals of counsel, the Court will reserve thirty minutes per side for arguments and/or rebuttals at the Class Certification Hearing. Judge Christopher A. Boyko on 3/23/2018. (H,CM)
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Filing 122
Notice of Service of First Amended Nationwide Class Action Complaint for Breach of Contract filed by All Plaintiffs. Related document(s) #121 . (Cullers, Romney)
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Filing 121
First Amended Complaint - Nationwide Class Action for Breach of Contract against All Defendants and adding new party plaintiff(s) Carmelo Treviso. Filed by Carmelo Treviso. (Cullers, Romney). Modified text on 3/19/2018 (D,JJ).
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Filing 120
Marginal Entry Order granting Plaintiffs' #103 Motion to conditionally file Exhibits 1 and 2 to declaration of Michael J. Avenatti under seal. Judge Christopher A. Boyko on 3/15/2018.(H,CM)
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Order [non-document] granting Joint Motion for leave to file first amended complaint (Related Doc #101 ). First Amended Complaint shall be filed by 3/19/2018. Judge Christopher A. Boyko on 3/15/2018.(H,CM)
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Order [non-document] granting Plaintiff's Motion for attorney Ahmed I. Ibrahim to appear pro hac vice (Related Doc #119 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 3/12/2018.(H,CM)
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Filing 119
Motion for attorney Ahmed I. Ibrahim to Appear Pro Hac Vice (with Affidavit and Certificate of Good Standing (over 30 days old) attached). Filing fee $ 120, receipt number 0647-8593753, filed by Plaintiff Greg Herrick. (Cullers, Romney). Modified text on 3/12/2018 (D,JJ).
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Filing 118
Reply in support of #112 Motion to strike Dr. Justine Hastings' Second and Third Reports filed by National Football Museum, Inc. (Zurakowski, Scott)
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Filing 117
Declaration of Michael J. Avenatti in support of #116 Memorandum of Points and Authorities in Opposition to #112 Motion to strike Dr. Justine Hastings' Second and Third Reports, filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Redline version of Declaration of Justine S. Hastings, Ph.D.) (Cullers, Romney). Modified text on 3/5/2018 (D,JJ).
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Filing 116
Memorandum of Points and Authorities in Opposition to #112 Motion to strike Dr. Justine Hastings' Second and Third Reports filed by All Plaintiffs (Cullers, Romney). Modified text on 3/5/2018 (D,JJ).
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Filing 115
FILING ERROR, WRONG DOCUMENT - ATTORNEY WILL RE-FILE. Opposition to #112 Motion to strike Dr. Justine Hastings' Second and Third Reports filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Michael J. Avenatti in Support of Plaintiff Carmelo Treviso's Memorandum of Points and Authorities in Opposition to Defendant's Motion to Strike Dr. Justine Hastings' Second and Third Reports)(Cullers, Romney). Modified as error, per help desk request on 3/2/2018 (P,WL).
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Filing 114
Reply in support of #102 Motion for class certification and Motion for Appointment of Class Counsel, filed by All Plaintiffs. (Cullers, Romney)
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Filing 113
Response in Opposition to #102 Motion for class certification and Motion for appointment of counsel, filed by National Football Museum, Inc. (Attachments: #1 Exhibit A - Declaration of Brock Richards, #2 Exhibit B - Etix Terms and Conditions) (Zurakowski, Scott). Modified text on 2/22/2018 (D,JJ).
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Filing 112
Motion to strike Dr. Justine Hastings' Second and Third Reports filed by Defendant National Football Museum, Inc. (Attachments: #1 Memorandum of Law in Support of Motion to Strike Dr. Justine Hastings' Second and Third Reports) (Zurakowski, Scott)
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Filing 111
Reply in support of #105 Motion to strike Dr. Justine Hastings' Report and Exclude Dr. Hastings' Testimony filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 110
SEALED Document: Notice of Filing Depositions of David Baker and Brock Richards 30(b)(6), filed by National Football Museum, Inc. Related document(s) #76 . (Attachments: #1 Deposition of David Baker, #2 Exhibit 12 to David Baker Deposition, #3 Exhibit 13 to David Baker Deposition, #4 Exhibit 14 to David Baker Deposition, #5 Exhibit 15 to David Baker Deposition, #6 Exhibit 16 to David Baker Deposition, #7 Exhibit 17 to David Baker Deposition, #8 Exhibit 18 to David Baker Deposition, #9 Exhibit 19 to David Baker Deposition, #10 Exhibit 20 to David Baker Deposition, #11 Exhibit 21 to David Baker Deposition, #12 Exhibit 22 to David Baker Deposition, #13 Exhibit 23 to David Baker Deposition, #14 Deposition of Brock Richards 30(b)(6), #15 Exhibit 24 to Brock Richards 30(b)(6) Deposition, #16 Exhibit 25 to Brock Richards 30(b)(6) Deposition, #17 Exhibit 26 to Brock Richards 30(b)(6) Deposition, #18 Exhibit 27 to Brock Richards 30(b)(6) Deposition, #19 Exhibit 28 to Brock Richards 30(b)(6) Deposition, #20 Exhibit 29 to Brock Richards 30(b)(6) Deposition, #21 Exhibit 30 to Brock Richards 30(b)(6) Deposition, #22 Exhibit 31 to Brock Richards 30(b)(6) Deposition, #23 Exhibit 32 to Brock Richards 30(b)(6) Deposition) (Zurakowski, Scott). Modified text on 2/22/2018 (D,JJ).
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Filing 109
Notice of Filing Depositions of Justine S. Hastings, Ph.D. and Carmelo Treviso, filed by National Football Museum, Inc. (Attachments: #1 Deposition of Justine S. Hastings, Ph.D., #2 Exhibit 1 to Justine S. Hastings, Ph.D. Deposition, #3 Exhibit 2 to Justine S. Hastings, Ph.D. Deposition, #4 Exhibit 3 to Justine S. Hastings, Ph.D. Deposition, #5 Exhibit 4 to Justine S. Hastings, Ph.D. Deposition, #6 Exhibit 5 to Justine S. Hastings, Ph.D. Deposition, #7 Exhibit 6 to Justine S. Hastings, Ph.D. Deposition, #8 Exhibit 7 to Justine S. Hastings, Ph.D. Deposition, #9 Deposition of Carmelo Treviso, #10 Exhibit 50 to Deposition of Carmelo Treviso, #11 Exhibit 51 to Deposition of Carmelo Treviso, #12 Exhibit 52 to Deposition of Carmelo Treviso, #13 Exhibit 53 to Deposition of Carmelo Treviso, #14 Exhibit 54 to Deposition of Carmelo Treviso, #15 Exhibit 55 to Deposition of Carmelo Treviso). (Zurakowski, Scott)
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Filing 108
Rebuttal Declaration of Justine S. Hastings, Ph.D. in Support of Plaintiffs' #107 Opposition to Defendant's #105 Motion to strike Dr. Justine Hastings' Report and Exclude Dr. Hastings' Testimony, filed by All Plaintiffs. (Cullers, Romney). Modified text on 2/12/2018 (D,JJ).
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Filing 107
Memorandum of Points and Authorities in Opposition to Defendant's #105 Motion to strike Dr. Justine Hastings' Report and Exclude Dr. Hastings' Testimony filed by All Plaintiffs. (Cullers, Romney). Modified text on 2/12/2018 (D,JJ).
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Filing 106
Notice to take Deposition of Carmelo Treviso (videotaped) on February 2, 2018 filed by National Football Museum, Inc. (Zurakowski, Scott). Modified filers on 2/2/2018 (D,JJ).
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Filing 105
Motion to strike Dr. Justine Hastings' Report and Exclude Dr. Hastings' Testimony filed by National Football Museum, Inc. (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Strike Dr. Justine Hastings' Report and Exclude Dr. Hastings' Testimony, #2 Exhibit 1 - Declaration of Scott M. Zurakowski, #3 Exhibit 2 - Expert Report of Justine Hastings, Ph.D., #4 Exhibit 3 - Deposition Excerpts of Justine Hastings, Ph.D., #5 Exhibit 4 - Expert Report of John Burke, Ph.D., #6 Exhibit 5 - Selected Pages from Greg Herrick's Responses to Defendant's First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents, #7 Exhibit 6 - Notice of Service of Plaintiff Greg Herrick's Subpoenas, #8 Exhibit 7 - Deposition Excerpts of Brock Richards)(Zurakowski, Scott). Modified filers on 2/2/2018 (D,JJ).
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Filing 104
Notice of Service of Plaintiff Carmelo Treviso's Responses to Defendant's First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents filed by All Plaintiffs. (Cullers, Romney)
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Order [non-document] granting Joint #99 Motion to Extend Deadlines. Class Discovery due by 2/9/2018. Motion for Class Certification to be filed by 1/15/2018; Opposition due by 2/16/2018; and Reply due by 2/26/2018. Class Certification Hearing set for 3/26/2018 at 02:00 PM in Courtroom 15B. Judge Christopher A. Boyko on 1/16/2018.(H,CM)
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Order [non-document] granting Joint Motion to expand page limits on briefing (Related Doc #100 ). Judge Christopher A. Boyko on 1/16/2018.(H,CM)
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Filing 103
SEALED Motion(application) to conditionally file under seal Exhibits 1 and 2 to the Declaration of Michael J. Avenatti in support of Plaintiffs' Motion for Class Certification filed by Plaintiff Greg Herrick. Related document(s) #76 , #102 . (Attachments: #1 Exhibit 1 Excerpts of Deposition of D. Baker 12 13 17, #2 Exhibit 2 Excerpts of Deposition of B. Richards 12 14 17, #3 Pleading Declaration of Michael J. Avenatti in Support of Application to Conditionally File Under Seal Exhibits 1 and 2 to the Declaration of Michael J. Avenatti in Support of Plaintiffs' Motion for Class Certification, #4 Proposed Order Granting Application to Conditionally File Under Seal Exhibits 1 and 2 to the Declaration of Michael J. Avenatti in Support of Plaintiffs' Motion for Class Certification)(Cullers, Romney) Modified text on 1/16/2018 (P,G).
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Filing 102
Motion for class certification and Motion for Appointment of Class Counsel, filed by Plaintiff Greg Herrick. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Class Certification and Appointment of Class Counsel, #2 Declaration of Michael J. Avenatti, #3 Exhibit 1 Filed Conditionally Under Seal Excerpts of Deposition of D. Baker, #4 Exhibit 2 Filed Conditionally Under Seal Excerpts of Deposition of B. Richards, #5 Exhibit 3 Defendant's Answers to First Set of Interrogatories, #6 Exhibit 4 HOF 5346 - Baker Exhibit 14 (ticket), #7 Exhibit 5 HOF 5347 - Richards Exhibit 24 (ticket), #8 Exhibit 6 HOF 5348 - Richards Exhibit 25 (ticket), #9 Exhibit 7 HOF 5349 - Richards Exhibit 26 (ticket), #10 Exhibit 8 HOF 5350 - 5351 - Richards Exhibit 27 (tickets), #11 Declaration of Carmelo Treviso, #12 Exhibit 9 to Treviso Declaration (tickets), #13 Exhibit 10 to Treviso Declaration (hotel bill), #14 Exhibit 11 to Treviso Declaration (bank statement), #15 Declaration of Justine S. Hastings, Ph.D. with curriculum vitae) (Cullers, Romney). Added Motion and modified text on 1/16/2018 (D,JJ).
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Filing 101
Joint Motion to file first amended complaint filed by Plaintiff Greg Herrick. (Attachments: #1 Exhibit A - First Amended Complaint) (Cullers, Romney. ) Modified text on 1/16/2018 (D,JJ).
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Filing 100
Joint Motion to Expand Page Limits on Memoranda That May Be Filed in Connection with Class Certification Seeking to Exclude or Limit Expert Opinions, filed by National Football Museum, Inc. (Zurakowski, Scott). Modified filers on 2/2/2018 (D,JJ).
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Filing 99
Joint Motion to extend deadlines set forth in previous scheduling order dated December 19, 2017 filed by Plaintiff Greg Herrick. Related document(s) #98 . (Cullers, Romney)
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Filing 98
Joint Motion for extension of deadlines filed by Plaintiff Greg Herrick. (Cullers, Romney)
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Order [non-document] granting Joint Motion to expand page limit to 25 pages for class certification briefing (Related Doc #97 ). Judge Christopher A. Boyko on 12/19/2017.(H,CM)
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Order [non-document] granting Joint Motion #98 to Extend Deadlines. Class Discovery due by 1/29/2018. Motion for Class Certification to be filed by 1/4/2018; Opposition due by 2/5/2018; and Reply due by 2/14/2018. Class Certification Hearing set for 3/15/2018 at 02:00 PM in Courtroom 15B. Judge Christopher A. Boyko on 12/19/2017.(H,CM)
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Filing 97
Joint Motion for leave to exceed page limitations filed by Plaintiff Greg Herrick. (Cullers, Romney)
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Filing 96
Order denying Plaintiff Gregg Herrick's Motion for order (Related Doc #9 ). Judge Christopher A. Boyko on 12/11/2017.(R,D)
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Filing 94
Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Telephone hearing conducted on 12/8/17 regarding the referral to resolve discovery disputes. The defendant's motion for partial protective order (ECF #93 ) is denied without prejudice. Separate order to issue. The referral for resolution of discovery disputes (ECF #91 ) is terminated. (Court Reporter: D. Cotone.)Time: 30 minutes. (S,MD)
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Filing 95
Order: District Judge Boyko has referred to me certain discovery disputes for resolution. (Related Doc. #91 ). I conducted a telephonic hearing on the record on 12/8/17. Counsel for the defendants ask for a protective order limiting the scope of examination. (Related Doc. #93 ), that motion is denied without prejudice (Related Doc. #94 ). To avoid premature and unnecessary dispute over disclosures of documents claimed to be subject to these privileges or protections, I hereby order, under Federal Rule of Civil Procedure 502(d), that such disclosures will not constitute a waiver of the attorney-client privilege or work product protection, as applicable, in this litigation or in any other federal or state proceeding. A party may make any disclosure to which this order applies under the terms of the stipulated protective order. Counsel also raised a dispute over the place of the taking of the plaintiff's deposition. To resolve that dispute, I hereby authorize that the plaintiff's deposition may be taken by remote means under Federal Rule of Civil Procedure 30(b)(4). If this authorization does not resolve the dispute, the Court will designate a neutral location for the taking of that deposition. The referral for the resolution of discovery disputes is terminated. Signed by Magistrate Judge William H. Baughman, Jr., on 12/8/2017. (S,MD)
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Filing 93
Motion for protective order filed by Defendant National Football Museum, Inc. (Attachments: #1 Memorandum in Support of Motion For A Partial Protective Order, #2 Exhibit 1 - Declaration of Scott M. Zurakowski, #3 Exhibit 2 - 6/14/17 Correspondence to Michael Avenatti, #4 Exhibit 3 - 6/26/17 email to Michael Avenatti)(Zurakowski, Scott)
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Filing 92
Order. Lead counsel must meet and confer by telephone conference beginning at 12:00 P.M. Eastern Standard Time today in a renewed effort to resolve the outstanding disputes. At 2:00 P.M. counsel must advise the Court by telephone (216-357-7220) as to whether or not the disputes have been resolved. Absent agreement by counsel resolving the disputes, the Court will conduct a telephonic hearing on the record at 2:30 P.M. Lead counsel must participate. (Related Doc. #91 ). Signed by Magistrate Judge William H. Baughman, Jr., on 12/8/2017. (S,MD)
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Filing 91
Order referring case to Magistrate Judge William H. Baughman, Jr. to resolve pending discovery disputes (Related doc #'s #83 , #90 ) Judge Christopher A. Boyko on 12/7/2017. (H,CM)
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Filing 90
Amended Notice of Request for Local Rule 37.1 Telephone Conference, filed by National Football Museum, Inc. (Attachments: #1 Exhibit A - Affidavit of Scott M. Zurakowski, Esq.) (Zurakowski, Scott)
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Filing 89
Amended Notice to take Videotaped Deposition of John Burke, PhD on December 12, 2017 filed by All Plaintiffs. (Cullers, Romney)
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Filing 88
Notice to take Deposition of Justine S. Hastings, PHD on December 12, 2017 at 10:00 a.m. filed by National Football Museum, Inc. (Zurakowski, Scott). Modified filers on 2/2/2018 (D,JJ).
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Filing 87
Notice to take Deposition of Greg Herrick on December 14, 2017 at 2:00 p.m. filed by National Football Museum, Inc. (Zurakowski, Scott). Modified filers on 2/2/2018 (D,JJ).
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Filing 86
Notice to take Deposition of John F. Burke, Jr., Ph.D. on December 13, 2017 filed by All Plaintiffs. (Cullers, Romney)
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Filing 85
Second Notice to take Deposition of National Football Museum, Inc. dba Football Hall of Fame on December 14, 2017 filed by All Plaintiffs. (Cullers, Romney)
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Filing 84
Second Notice to take Deposition of David Baker on December 13, 2017 filed by All Plaintiffs. (Cullers, Romney)
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Filing 83
Joint Notice of Request for Local Rule 37.1 Telephone Conference filed by All Defendants. (Zurakowski, Scott)
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Filing 82
Joint Motion to extend deadlines set forth in previous #78 Scheduling Order filed by Defendant National Football Museum, Inc. (Zurakowski, Scott) Modified text on 11/1/2017 (S,HR).
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Order [non-document] granting Joint #82 Motion to Extend Deadlines. Class Discovery due by 12/20/2017. Expert Discovery due by 12/6/2017 and 12/20/2017. Motion for Class Certification to be filed by 12/20/2017; Opposition due by 1/19/2018; and Reply due by 1/30/2018. Class Certification Hearing set for 2/28/2018 at 02:00 PM in Courtroom 15B. Judge Christopher A. Boyko on 10/31/2017.(H,CM)
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Filing 81
Notice of Service of Responses to Plaintiff's Second Set of Requests for Production of Documents filed by National Football Museum, Inc. (Zurakowski, Scott)
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Order [non-document] granting Joint #78 Motion to Extend Deadlines. Class Discovery due by 11/1/2017. Expert Discovery due by 10/1/2017 and 11/1/2017. Motion for Class Certification to be filed by 11/1/2017; Opposition due by 11/22/2017; and Reply due by 12/4/2017. Class Certification Hearing set for 1/17/2018 at 02:00 PM in Courtroom 15B. Judge Christopher A. Boyko on 10/6/2017.(H,CM)
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Filing 80
Certificate of Service of Plaintiff Greg Herrick's Second Set of Requests for Production of Documents to Defendant National Football Museum, Inc. filed by plaintiff. (Cullers, Romney) Modified text on 9/26/2017 (S,HR).
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Filing 79
Notice of Service of Supplemental Responses to Document Production filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 78
Joint Motion for extension of deadlines set forth in the Court's 4/28/17 Scheduling Order filed by Defendant National Football Museum, Inc. Related document(s) #59 . (Zurakowski, Scott) Modified text on 9/15/2017 (S,HR).
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Filing 77
Notice of Service of Expert Report of Dr. John F. Burke, Jr. filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 76
Stipulated Protective Order regarding confidential documents (Related doc #74 ). Judge Christopher A. Boyko on 7/28/2017. (H,CM)
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Filing 75
Notice of Service of Subpoenas Directed to Etix, Inc., TicketMaster, StubHub, Inc., SeatGeek, Inc., and QuintEvents, LLC filed by plaintiff. (Cullers, Romney) Modified text on 7/27/2017 (S,HR).
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Filing 74
Proposed Stipulated Protective Order filed by All Plaintiffs. (Cullers, Romney) Modified text on 7/26/2017 (P,G).
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Filing 73
Expert Report of Justine S. Hastings, Ph.D. (and exhibits in support) filed by plaintiff. (Cullers, Romney) Modified text on 7/20/2017 (S,HR).
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Filing 72
Certificate of Service of Plaintiff Greg Herrick's Responses to Defendant's First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents filed by plaintiff. (Cullers, Romney) Modified on 7/14/2017 (S,HR).
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Filing 71
Amended Notice to Take Videotaped Deposition of National Football Museum Inc. on July 7, 2017 at 10:00 a.m. filed by plaintiff. (Cullers, Romney) Modified text on 6/13/2017 (S,HR).
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Filing 70
Amended Notice to Take videotaped Deposition of David Baker on 7/6/2017 at 10:00 a.m. filed by plaintiff. (Cullers, Romney) Modified text on 6/13/2017 (S,HR).
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Filing 69
Notice to take Deposition of National Football Museum Inc. on June 13, 2017 at 10:00 a.m. (and exhibit A -deposition topics in support) filed by plaintiff. (Cullers, Romney) Modified text on 5/23/2017 (S,HR).
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Filing 68
Notice to take videotaped deposition of David Baker on June 12, 2017 at 10:00 a.m. filed by plaintiff. (Cullers, Romney) Modified text on 5/23/2017 (S,HR).
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Filing 67
Supplemental Reply in support of #9 Motion for Order for Limiting Defendants' Communications with Class Members filed by plaintiff. (Cullers, Romney) Modified text on 5/19/2017 (S,HR).
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Filing 66
Supplemental Brief in Opposition to Plaintiffs' #9 Motion for a Limiting Order filed by National Football Museum, Inc. Related document(s) #64 , #59 (Attachments: #1 Supplemental Declaration of Brock Richards) (Zurakowski, Scott) Modified text on 5/15/2017 (S,HR).
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Filing 65
Declaration of Michael J. Avenatti in Support of #64 Supplemental Brief in Support of an Order Limiting Defendant's Communications with Class Members filed by plaintiff. (Cullers, Romney) Modified text on 5/8/2017 (S,HR).
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Filing 64
Supplemental Brief in Support of an Order Limiting Defendant's Communications with Class Members filed by plaintiff . (Cullers, Romney) Modified text on 5/8/2017 (S,HR).
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Filing 63
Motion for attorney Michael J. Avenatti to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8141070, filed by Plaintiff Greg Herrick. (Cullers, Romney) Modified on 5/3/2017. Certificate of Good Standing attached. (G,CA).
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Filing 62
FILING ERROR. COUNSEL TO REFILE. Motion for appointment of counsel filed by Plaintiff Greg Herrick. (Cullers, Romney) Modified on 5/3/2017 (S,SR).
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Order [non-document] granting Plaintiff's Motion for attorney Michael J. Avenatti to appear pro hac vice (Related Doc #63 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 5/3/2017.(H,CM)
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Filing 61
Certificate of Service of First Set of Interrogatories to Defendant National Football Museum, Inc. filed by all plaintiffs. (Cullers, Romney) Modified text on 5/2/2017 (S,HR).
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Filing 60
Certificate of Service of First Set of Requests for Production of Documents to Defendant National Football Museum, Inc. filed by plaintiff. (Cullers, Romney) Modified text on 5/1/2017 (S,HR).
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Filing 59
Order. Telephone Case Management Conference held on 4/27/2017. Case is assigned to the standard track. Plaintiff's counsel to file Motion for Admission Pro Hac Vice by 5/5/2017. Plaintiff's supplemental brief on his Motion for Order Limiting Defendant's Communications with Class Members due by 5/5/2017; Defendants' supplemental Opposition due by 5/12/2017; and Reply due by 5/17/2017. Parties to be Joined and Pleading Amendments due by 6/27/2017. Class Discovery due by 8/30/2017. Expert Reports due by 6/30/2017 and 7/31/2017. Expert Discovery due by 7/31/2017 and 8/30/2017. Motion for Class Certification to be filed by 9/15/2017; Opposition due by 10/6/2017; and Reply due by 10/16/2017. Class Certification Hearing set for 11/6/2017 at 02:00 PM in Courtroom 15B. (Court reporter: None; Time: 15 min.) Judge Christopher A. Boyko on 4/28/2017. (H,CM)
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Filing 58
Order granting Joint Stipulation of Dismissal of Defendant National Football League without prejudice (Related doc #57 ), without costs to any party. Judge Christopher A. Boyko on 4/26/2017. (H,CM)
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Filing 57
Joint Stipulation and Order to Dismiss Action as to Defendant National Football League, Without Prejudice filed by National Football League. (Behrens, R.) Modified text on 4/26/2017 (S,HR).
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Filing 56
Notice of Attorney Appearance by Romney B. Culler and Michael F. Becker on behalf of plaintiff. (Cullers, Romney) Modified text on 4/26/2017 (S,HR).
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Order (non-document). Case Management Conference set for 4/27/2017 at 2:00 PM will be telephonic. Plaintiff's counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 4/25/2017. (H,CM)
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Filing 55
Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 54
Amended Answer to Class Action #1 Complaint with Jury Demand filed by National Football Museum, Inc.. (Zurakowski, Scott) Modified text on 3/29/2017 (P,G).
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Filing 53
Answer to #1 Complaint with Jury Demand filed by National Football Museum, Inc.. (Zurakowski, Scott) Modified text on 3/28/2017 (P,G).
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Filing 52
Notice of Case Management Conference. Conference to be held on 4/27/2017 at 02:00 PM at Chambers 15B. Judge Christopher A. Boyko on 3/24/2017. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM)
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Order [non-document] granting Defendant National Football Museum's Motion to withdraw attorneys Seth J. Fortin and Glenn D. Pomerantz as counsel (Related Doc #51 ). Judge Christopher A. Boyko on 3/24/2017.(H,CM)
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Filing 51
Motion by Glenn D. Pomerantz and Seth J. Fortin to withdraw as attorney filed by Defendant National Football Museum, Inc.. (Zurakowski, Scott)
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Order [non-document] granting Defendant National Football League's Motions for attorneys Thad Behrens and Jonathan D. Pressment to appear pro hac vice (Related Doc #'s #48 , #49 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 3/21/2017.(H,CM)
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Filing 50
Notice of Substitution of Counsel removing attorney Mark D. Erickson & Kimberly A. Chase and adding attorney Kerri L. Keller filed by on behalf of National Football League. (Keller, Kerri)
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Filing 49
Motion for attorney Jonathan D. Pressment to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8073911, filed by Defendant National Football League. (Attachments: #1 Exhibit A - Affidavit)(Keller, Kerri) Modified duplicate text on 3/20/2017 (G,CA).
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Filing 48
Motion for attorney R. Thaddeus Behrens to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8073894, filed by Defendant National Football League. (Attachments: #1 Exhibit A - Affidavit)(Keller, Kerri) Modified to add attorney's licensed name on 3/20/2017 (G,CA).
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Filing 47
Corporate Disclosure Statement filed by National Football League. (Keller, Kerri)
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Filing 46
Attorney Appearance by Kerri L. Keller, Paul A. Rose, and David Sporar filed by on behalf of National Football League. (Keller, Kerri) Modified text on 3/17/2017 (P,G).
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Filing 45
Motion for extension of time until 3/27/17 to answer filed by Defendant National Football Museum, Inc.. Related document(s) #1 . (Zurakowski, Scott) Removed extra link on 3/16/2017 (P,G).
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Order [non-document] granting #45 Defendant National Football Museum's Motion for Extension of Time until 3/27/2017 to Answer. Judge Christopher A. Boyko on 3/15/2017.(H,CM)
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Notice to Attorney Carlos X. Colorado. 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. (G,CA)
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Notice to Attorney Thomas E. Gray. 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. (G,CA)
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Notice to Attorney Michael J. Avenatti. 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. (G,CA)
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Notice to Attorney R. Thaddeus Behrens. 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. (G,CA)
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Notice to Attorney Mark D. Erickson. 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. (G,CA)
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Notice to Attorney Glenn D. Pomerantz. 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. (G,CA)
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Notice to Attorney Seth J. Fortin. 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. (G,CA)
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Notice to Attorney Kimberly A. Chase. 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. (G,CA)
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Filing 44
Corporate Disclosure Statement filed by National Football Museum, Inc.. (Zurakowski, Scott)
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Filing 43
Magistrate Consent Form issued. (W,CM)
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Filing 42
CASE TRANSFERRED IN from District of California Central. Case number 2:16-cv-06324. Electronic file, transfer order and docket sheet received.
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Judge Christopher A. Boyko assigned to case. (W,CM)
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Notice by Clerk: Pursuant to Local Rule 3.13(b) National Football League, and National Football Museum, Inc. are reminded to file a Corporate Disclosure Statement. (W,CM)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (W,CM)
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Filing 41
ORDER by Judge Terry J. Hatter, Jr transferring case to Northern District of Ohio, Cleveland. Entire case transferred electronically. (MD JS-6. Case Terminated.) (shb) [Transferred from cacd on 3/7/2017.]
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Filing 40
NOTICE TO PARTIES by U.S. Magistrate Judge Steve Kim. Effective, March 1, 2017, Judge Kim's courtroom will be COURTROOM 23 on the 3rd floor, located at 312 N. Spring Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 23 of the Spring Street U.S. Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY [Transferred from cacd on 3/7/2017.]
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Filing 39
ORDER by Judge Terry J. Hatter, Jr, re Stipulation for Extension of Time to File Motion for Class Certification pursuant to Local Rule 23-3, #38 . IT IS ORDERED: 1. Plaintiff is relieved of any obligation to file his motion for classcertification in accordance with the timing requirements of Local Rule 23-3. Plaintiff shall move for class certification within ninety (90) days of the Courts ruling on the pending Motions to Dismiss filed September 9 and 12, 2016.2. Defendants do not waive any of their arguments presented in their Motions to Dismiss by entering into this Joint Stipulation. (shb) [Transferred from cacd on 3/7/2017.]
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Filing 38
Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Greg Herrick. (Attachments: #1 Proposed Order)(Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 37
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 2:16-cv-6324 TJH (SKx) #20 filed by Defendant National Football Museum, Inc.. (Attachments: #1 Declaration Declaration Brock Richards)(Pomerantz, Glenn) [Transferred from cacd on 3/7/2017.]
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Filing 36
REPLY in support of motion Corrected NOTICE OF MOTION AND MOTION to Dismiss or Transfer Based on Improper Venue and Failure to State Claim #27 filed by Defendant National Football League. (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 35
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Terry J. Hatter, Jr: granting #19 Non-Resident Attorney Scott M. Zurakowski APPLICATION to Appear Pro Hac Vice on behalf of Defendant National Football Museum, designating Glenn D. Pomerantz as local counsel. (lt) [Transferred from cacd on 3/7/2017.]
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Filing 34
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case 2:16-cv-6324 TJH (SKx) #20 filed by Plaintiff Greg Herrick. (Attachments: #1 Declaration of Greg Herrick, #2 Declaration of Michael J. Avenatti)(Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 33
OPPOSITION re: Corrected NOTICE OF MOTION AND MOTION to Dismiss or Transfer Based on Improper Venue and Failure to State Claim #27 filed by Plaintiff Greg Herrick. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 32
REPLY In Support Of NOTICE OF MOTION AND MOTION for Order for Limiting Defendants' Communications With Class Members #9 filed by Plaintiff Greg Herrick. (Attachments: #1 Declaration)(Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 31
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #28 . The following error(s) was found: Caption of document is incomplete/incorrect. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) [Transferred from cacd on 3/7/2017.]
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Filing 30
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Dismiss or Transfer Based Upon Improper Venue and Motion to Dismiss for Failure to State a Claim and Joinder in National Football Museum, Inc.'s Motion to Dismiss/Transfer #22 , Corrected NOTICE OF MOTION AND MOTION to Dismiss or Transfer Based on Improper Venue and Failure to State Claim #27 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events - Motions and Related Filings - select Responses/Replies/Other Motion Related Documents - select Joinder - and link to the Motion to Dismiss. Attach the document.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) [Transferred from cacd on 3/7/2017.]
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Filing 29
Amended NOTICE of Appearance filed by attorney Kimberly Ann Chase on behalf of Defendant National Football League (Chase, Kimberly) [Transferred from cacd on 3/7/2017.]
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Filing 28
NOTICE of Appearance filed by attorney Kimberly Ann Chase on behalf of Defendant National Football League (Attorney Kimberly Ann Chase added to party National Football League(pty:dft))(Chase, Kimberly) [Transferred from cacd on 3/7/2017.]
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Filing 27
Corrected NOTICE OF MOTION AND MOTION to Dismiss or Transfer Based on Improper Venue and Failure to State Claim filed by defendant National Football League. (Attachments: #1 Proposed Order) (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 26
JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case 2:16-cv-6324 TJH (SKx) #20 filed by Defendant National Football League. (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 25
CERTIFICATE of Interested Parties filed by defendant National Football League, identifying Greg Herrick; National Football League; National Football Museum, Inc. dba Pro Football Hall of Fame. (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 24
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Dismiss or Transfer Based Upon Improper Venue and Motion to Dismiss for Failure to State a Claim and Joinder in National Football Museum, Inc.'s Motion to Dismiss/Transfer #22 filed by Defendant National Football League. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 23
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Dismiss or Transfer Based Upon Improper Venue and Motion to Dismiss for Failure to State a Claim and Joinder in National Football Museum, Inc.'s Motion to Dismiss/Transfer #22 filed by Defendant National Football League. (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 22
NOTICE OF MOTION AND MOTION to Dismiss Dismiss or Transfer Based Upon Improper Venue and Motion to Dismiss for Failure to State a Claim and Joinder in National Football Museum, Inc.'s Motion to Dismiss/Transfer filed by defendant National Football League. (Attorney R. Thaddeus Behrens added to party National Football League(pty:dft)) (Behrens, R.) [Transferred from cacd on 3/7/2017.]
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Filing 21
OPPOSITION In Opposition to re: NOTICE OF MOTION AND MOTION for Order for Limiting Defendants' Communications With Class Members #9 filed by Defendant National Football Museum, Inc.. (Attachments: #1 Declaration, #2 Exhibit A - E)(Pomerantz, Glenn) [Transferred from cacd on 3/7/2017.]
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Filing 20
NOTICE OF MOTION AND MOTION to Dismiss Case 2:16-cv-6324 TJH (SKx) filed by Defendants National Football Museum, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Seth J. Fortin, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Declaration of Brock Richards, #7 Proposed Order Granting Motion to Dismiss, #8 Proposed Order Granting Motion to Transfer Venue) (Pomerantz, Glenn) [Transferred from cacd on 3/7/2017.]
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Filing 19
APPLICATION of Non-Resident Attorney Scott M. Zurakowski to Appear Pro Hac Vice on behalf of Defendant National Football Museum, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18509373) filed by Defendants National Football Museum, Inc .. (Attachments: #1 Proposed Order) (Fortin, Seth) [Transferred from cacd on 3/7/2017.]
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Filing 18
NOTICE of Interested Parties filed by Defendant National Football Museum, Inc., (Fortin, Seth) [Transferred from cacd on 3/7/2017.]
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Filing 17
PROOF OF SERVICE filed by Defendant National Football Museum, Inc., served on September 6, 2016. (Pomerantz, Glenn) [Transferred from cacd on 3/7/2017.]
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Filing 16
NOTICE of Appearance filed by attorney Glenn D Pomerantz on behalf of Defendant National Football Museum, Inc. (Attorney Glenn D Pomerantz added to party National Football Museum, Inc. (pty:dft))(Pomerantz, Glenn) [Transferred from cacd on 3/7/2017.]
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Filing 15
NOTICE of Appearance filed by attorney Seth J Fortin on behalf of Defendant National Football Museum, Inc. (Attorney Seth J Fortin added to party National Football Museum, Inc. (pty:dft))(Fortin, Seth) [Transferred from cacd on 3/7/2017.]
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Filing 14
PROOF OF SERVICE filed by Plaintiff Greg Herrick, re Order on Motion for Order,,, #10 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 served on 08/30/2016. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 13
PROOF OF SERVICE Executed by Plaintiff Greg Herrick, upon Defendant National Football Museum, Inc. served on 8/25/2016, answer due 9/15/2016. Service of the Summons and Complaint were executed upon D. William Allen - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 12
PROOF OF SERVICE Executed by Plaintiff Greg Herrick, upon Defendant National Football League served on 8/25/2016, answer due 9/15/2016. Service of the Summons and Complaint were executed upon Tod Leiweke-Chief Operating Officer in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 11
MINUTE IN CHAMBERS -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries.Judge Hatters courtroom is located on the Spring Street level of the Spring Street Courthouse, Courtroom No. 17. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Counsel for Plaintiff shall immediately serve the complaint in accordance with Fed. R. Civ. P. 4 on all parties, including this Order on any new parties to the action and file the proofs of service pursuant to Local Rule 5-3.1 with the Court. (shb) [Transferred from cacd on 3/7/2017.]
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Filing 10
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: The Court finds that Plaintiff's motion for an order limiting defendants' communications with class members, filed August 29, 2016 #9 and currently set for hearing on October 3, 2016, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on October 3, 2016. The mandatory COURT COPIES of all electronically filed documents must include the Notice of Electronic Filing as the last page of the document. Delivery of these documents may be made to the Clerks Office, Room G-8, Attention: Yolanda Skipper for Judge Hatter, no later than 12:00 noon the following business. (shb) [Transferred from cacd on 3/7/2017.]
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Filing 9
Motion for Order for Limiting Defendants' Communications With Class Members filed by Plaintiffs Greg Herrick. (Attachments: #1 Declaration of Michael J. Avenatti in Support of Plaintiffs' Motion for an Order Limiting Defendants' Communications With Class Members, #2 Proposed Order) (Avenatti, Michael) [Transferred from cacd on 3/7/2017.] Modified on 5/19/2017 (S,HR).
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant National Football Museum, Inc. (ghap) [Transferred from cacd on 3/7/2017.]
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Filing 7
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant National Football League. (ghap) [Transferred from cacd on 3/7/2017.]
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from cacd on 3/7/2017.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Terry J. Hatter, Jr and Magistrate Judge Steve Kim. (ghap) [Transferred from cacd on 3/7/2017.]
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Greg Herrick. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 3
CERTIFICATE of Interested Parties filed by Plaintiff Greg Herrick, (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Greg Herrick. (Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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Filing 1
COMPLAINT Receipt No: 0973-18421614 - Fee: $400, filed by Plaintiff Greg Herrick. (Attorney Michael J Avenatti added to party Greg Herrick(pty:pla))(Avenatti, Michael) [Transferred from cacd on 3/7/2017.]
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