Valentine v. Health and Wellness Lifestyle Clubs, LLC
Plaintiff: Carolyn Valentine
Defendant: Health and Wellness Lifestyle Clubs, LLC
Case Number: 5:2020cv01405
Filed: June 25, 2020
Court: US District Court for the Northern District of Ohio
Presiding Judge: Sara Lioi
Referring Judge: Benita Y Pearson
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28:1331
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2020 Opinion or Order Order [non-document] denying Plaintiff's #14 Motion for an Order Deeming Requests for Admission to Defendant Admitted. Judge Benita Y. Pearson on 8/21/2020. (JLG)
August 21, 2020 Filing 19 Answer to #1 Complaint,, with Jury Demand , Counterclaim against Plaintiff Carolyn Valentine filed by Health and Wellness Lifestyle Clubs, LLC. (Attachments: #1 Exhibit Note, #2 Exhibit financial statement insolvent, #3 Exhibit email)(Stavnicky, Michael)
August 19, 2020 Filing 18 Reply in support of #6 Motion for preliminary injunction (corrected) filed by Carolyn Valentine. (Attachments: #1 Exhibit V 1 Stark County Complaint HWLC v. Valentine, #2 Exhibit V 2 Stark County J/E Granting Valentine Judgment on the Pleadings, #3 Exhibit V 3 USDC (Adams) Complaint HWLC v. Rainieri Golf, LLC, #4 Exhibit V 4 USDC (Adams) HWLC v. Rainieri Initial Disclsoures, #5 Exhibit V 5 USDC (Adams) HWLC v. Raineri HWLC Responses to Interrogatories, #6 Exhibit V 6 USDC (Adams) HWLC v. Rainieri Order & Decision Partial Dismissal, #7 Exhibit V 7 (USDC) (6th Circuit) HWLC v. Rainieri Dismissal Affirmed, #8 Exhibit V 8 (Pearson) Valentine v. HWLC Requests for Admisstion, #9 Exhibit V 9 (Pearson) Beck v. HWLC Responses to Beck Requests for Admission, #10 Exhibit V 10 FINRA Motion to Stay Arbitration Pending Declaratory Judgment, #11 Exhibit V 11 FINRA HWLC Reply to Motion to Stay, #12 Exhibit V 12 Stolte Email to Nagar Forwarding Financial Summary, #13 Exhibit V 13 Bissell Email to Nagar Forwarding Financial Summary, #14 Exhibit V 14 HWLC Letter of Intent, #15 Exhibit V 15 Nagar Email Withdrawing from Transaction, #16 Exhibit V 16 Buy/Sell Agreement Prestwick, #17 Exhibit V 17 Buy/Sell Agreement Raintree, #18 Exhibit V 18 Evans Email to Nagar- EBITDA Adjusment Forwarding Financials, #19 Exhibit V 19 Valentine Email to Nagar- Rainieri's CPA, #20 Exhibit V 20 Nagar Email- Paulette Kray Review, #21 Exhibit V 21- Nagar Email- Paulette Kray Due Diligence, #22 Exhibit V 22 Valentine Letter- To Whom It May Concern- I am Rainieri's CPA, #23 Exhibit V 23- Rainieri to Valentine- Consent to Disclose to Nagar, #24 Exhibit V 24- Nagar Email Sending Tax Returns, #25 Exhibit V 25- Valentine Email to Evans- No Assurances, #26 Exhibit V 26- Nagar Email to Rainieri- Valentine Authorization Request, #27 Exhibit V 27- Vyas Email to Mittman Re: Loan, #28 Exhibit V 28- Nagar Email to Mittman - LLC Ownership Offer, #29 Exhibit V 29- Maloney + Novotny Expert Report, #30 Exhibit V 30- Engagement Letters)(Witkowski, Richard)
August 19, 2020 Opinion or Order Filing 17 Order On or before 8/19/2020 at 5:00 p.m. EDT, Plaintiff shall file a reply memorandum in support of her Motion for Preliminary Injunction (ECF No. #6 ). See Order (ECF No. #8 ). Plaintiff is granted leave to file a reply memorandum in support of ECF No. #6 that shall not exceed 20 pages (5 pages over the LR 7.1(f) limit). See Order for additional information and requirements. Judge Benita Y. Pearson on 8/19/2020. (JLG)
August 19, 2020 Filing 16 Reply in support of #6 Motion for preliminary injunction filed by Carolyn Valentine. (Attachments: #1 Exhibit V 1- Stark County Complaint HWLC v. Valentine, #2 Exhibit V 2- Stark County J/E Granting Valentine Judgment on the Pleadings, #3 Exhibit V 3 -USDC (Adams) Complaint HWLC v. Rainieri Golf, LLC, #4 Exhibit V 4- USDC (Adams) HWLC v. Rainieri Initial Disclosures, #5 Exhibit V 5- USDC (Adams) HWLC v. Rainieri HWLC Responses to Interrogatories, #6 Exhibit V 6- USDC (Adams) HWLC v. Rainieri Order & Decision Partial Dismissal, #7 Exhibit V 7- USDC (6th Circuit) HWLC v. Rainieri Dismissal Affirmed, #8 Exhibit V 8- USDC (Pearson) Valentine v. HWLC Requests for Admission, #9 Exhibit V 9- USDC (Pearson) Beck v. HWLC Responses to Beck Requests for Admission, #10 Exhibit V 10- FINRA Motion to Stay Arbitration Pending Declaratory Judgment, #11 Exhibit V 11- FINRA HWLC Reply to Motion to Stay, #12 Exhibit V 12 -Stolte Email to Nagar Forwarding Financial Summary, #13 Exhibit V 13- Bissell email to Nagar Forwarding Financial Summary, #14 Exhibit V 14- HWLC Letter of Intent, #15 Exhibit V 15- Nagar Email Withdrawing from Transaction, #16 Exhibit V 16- Buy/Sell Agreement Prestwick, #17 Exhibit V 17- Buy/Sell Agreement Raintree, #18 Exhibit V 18- Evans Email to Nagar- EBITDA Adjustment Forwarding Financials, #19 Exhibit V 19- Valentine Email to Nagar- Rainieri's CPA, #20 Exhibit V 20- Nagar Email- Paulette Kray Review, #21 Exhibit V 21- Nagar Email-Paulette Kray Due Diligence, #22 Exhibit V 22- Valentine Letter-To Whom It May Concern - I am Rainieri's CPA, #23 Exhibit V 23- Rainieri to Valentine- Consent to Disclose to Nagar, #24 Exhibit V 24- Nagar Email sending tax returns, #25 Exhibit V 25- Valentine Email to Evans- No Assurances, #26 Exhibit V 26- Nagar Email to Rainieri-Valentine Authorization Request, #27 Exhibit V 27- Vyas Email to Mittman Re: Loan, #28 Exhibit V 28- Nagar Email to Mittman- LLC Ownership Offer, #29 Exhibit V 29- Maloney + Novotny Expert Report, #30 Exhibit V 30- Engagement Letters)(Witkowski, Richard)
August 12, 2020 Service by Clerk. Summons and Complaint addressed to Health and Wellness Lifestyle Clubs, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7010 1870 0003 1128 2496. (O,K)
August 11, 2020 Filing 15 Response to #14 Motion for an Order Deeming Requests for Admission to Defendant Admitted and Request for Sanctions filed by All Defendants. (Attachments: #1 Exhibit Affidavit Stavnicky, #2 Exhibit July 29 email, #3 Exhibit August 10 email)(Stavnicky, Michael)
August 10, 2020 Filing 14 Motion for an Order Deeming Requests for Admission to Defendant Admitted filed by Plaintiff Carolyn Valentine. (Attachments: #1 Exhibit A - Declaration of RGW)(Yingling, R.)
July 29, 2020 Opinion or Order Order [non-document] granting Defendant's #12 Motion for Leave to Plead until 8/21/2020. Judge Benita Y. Pearson on 7/29/2020.(S,Ke)
July 28, 2020 Opinion or Order Filing 13 Order Pending is Plaintiff's Motion for Expedited Discovery (ECF No. #7 ), filed on 7/17/2020. For good cause shown, the motion is granted. On or before 8/7/2020, Defendant shall respond and produce documents responsive to the proposed Interrogatories (ECF No. 7-1), Request for Production of Documents (ECF No. 7-2), and Requests for Admission (ECF No. 7-3). Defendant shall present for deposition no later than 8/19/2020, a Fed. R. Civ. P. 30(b)(6) representative(s) to testify with regard to the matters set forth in the proposed Notice of Deposition of Rule 30(b)(6) Representative (ECF No. 7-4). Plaintiff may depose any person identified by Defendant in response to Plaintiff's proposed Interrogatory No. 1 (ECF No. 7-1 at PageID #: 614), i.e., any person that Defendant intends to call as a witness at the Preliminary Injunction hearing set on 8/26/2020. Judge Benita Y. Pearson on 7/28/2020.(S,Ke)
July 28, 2020 Filing 12 Motion for leave to plead filed by Defendant Health and Wellness Lifestyle Clubs, LLC. Related document(s) #1 . (Stavnicky, Michael)
July 28, 2020 Filing 11 Motion to consolidate cases filed by Defendant Health and Wellness Lifestyle Clubs, LLC. (Stavnicky, Michael)
July 28, 2020 Opinion or Order Filing 10 Order Plaintiffs' Motions for Preliminary Injunction (ECF No. #6 in No. 5:20CV1405 and ECF No. #2 in No. 5:20CV1413) shall come on for an electronic hearing to take place via Zoomgov.com on 8/26/2020 at 1:30 p.m. Lead counsel of record shall confer with one another in order to prepare written stipulations as to all uncontested facts to be presented by the motions. Said stipulations shall be filed no later than 8/25/2020 at 4:00 p.m. The Court will conduct this motion hearing on the clock as follows: Each side will be given 90 minutes to put on their case. Plaintiffs Carolyn Valentine, CPA and H. Beck, Inc. shall share time. Time will count against a particular side for any time that counsel for that side is presenting argument or conducting either direct or cross examination. Motions for an increase of time made during the hearing will be granted only for good cause shown. Judge Benita Y. Pearson on 7/28/2020. (S,Ke)
July 20, 2020 Filing 9 Attorney Appearance by Michael R. Stavnicky filed by on behalf of Health and Wellness Lifestyle Clubs, LLC. Related document(s) #1 .(Stavnicky, Michael)
July 17, 2020 Opinion or Order Filing 8 Order Pursuant to General Order 2020-08 regarding COVID-19 and the related guidance provided to minimize risk of infection, Plaintiff's Motion for a Preliminary Injunction ("motion") (ECF No. #6 ) shall come on for an electronic hearing to take place via Zoomgov.com on 8/26/2020 at 1:30 p.m. EDT. The Zoom Meeting details will be distributed by the Court to counsel. Defendant shall serve and file a memorandum in opposition to the motion on or before 8/7/2020, at 5:00 p.m. EDT. On or before 8/19/2020, at 5:00 p.m. EDT, Plaintiff shall file a reply memorandum in support of the motion. The parties shall attach to their respective memoranda any exhibits they intend to rely upon at the electronic hearing. The memoranda shall also state the names of any witness(es), if any, the parties will call at the electronic hearing. Judge Benita Y. Pearson on 7/17/2020. (JLG)
July 17, 2020 Filing 7 Motion to compel discovery /Motion for Expedited Discovery filed by Plaintiff Carolyn Valentine. (Attachments: #1 Exhibit A - First Set of Interrogatories to Defendant, #2 Exhibit B - First Request for Production of Documents to Defendant, #3 Exhibit C - First Requests for Admission to Defendant, #4 Exhibit D - Notice of 30(b)(6) Deposition)(Yingling, R.)
July 16, 2020 Filing 6 Motion for preliminary injunction filed by Plaintiff Carolyn Valentine. (Attachments: #1 Exhibit A - Declaration of Carolyn Valentine, #2 Exhibit B - Federal Court Complaint, #3 Exhibit C - Judge's Adams' Decision from Federal Court Action, #4 Exhibit D - Sixth Circuit Decision)(Witkowski, Richard)
July 1, 2020 Judge Benita Y. Pearson assigned to case, Judge Sara Lioi terminated. (T,Je)
July 1, 2020 Opinion or Order Filing 5 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Sara Lioi on 7/1/2020. (E,CK). Modified to add document on 7/1/2020 (E,CK).
June 29, 2020 Filing 4 Corporate Disclosure Statement filed by Carolyn Valentine. (Witkowski, Richard)
June 25, 2020 Filing 3 Initial Standing Order. Judge Sara Lioi on 06/25/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL)
June 25, 2020 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Health and Wellness Lifestyle Clubs, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL)
June 25, 2020 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)
June 25, 2020 Judge Sara Lioi assigned to case. (M,TL)
June 25, 2020 Filing 1 Complaint for Declaratory Judgment and for Preliminary and Permanent Injunction against Health and Wellness Lifestyle Clubs, LLC. Filing fee paid $ 400, receipt number AOHNDC-10067490, filed by Carolyn Valentine. (Attachments: #1 Exhibit 1 - Health and Wellness Complaint from USDC, #2 Exhibit 2 - Order and Decision from USDC, #3 Exhibit 3 - Sixth Circuit Decision, #4 Exhibit 4 - HWLC Stark County Complaint, #5 Exhibit 5 - Judgment Entry Stark County, #6 Exhibit 6 - Appellant Brief, #7 Exhibit 7 - Amended Statement of Claim, #8 Civil Cover Sheet, #9 Summons for HWLC) (Witkowski, Richard)

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Defendant: Health and Wellness Lifestyle Clubs, LLC
Represented By: Michael R. Stavnicky
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Plaintiff: Carolyn Valentine
Represented By: R. Christopher Yingling
Represented By: Richard G. Witkowski
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