H. Beck, Inc. v. Health and Wellness Lifestyle Club, LLC
Plaintiff: H. Beck, Inc.
Defendant: Health and Wellness Lifestyle Club, LLC
Case Number: 5:2020cv01413
Filed: June 26, 2020
Court: US District Court for the Northern District of Ohio
Office: Akron Office
Presiding Judge: Sara Lioi
Referring Judge: Benita Y Pearson
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2020 Opinion or Order Order [non-document] granting as requested Plaintiff's #53 Unopposed Motion for Extension of Time until 10/29/2020 to Answer HWLC's Counterclaims. Judge Benita Y. Pearson on 9/30/2020.(JLG)
September 29, 2020 Opinion or Order Filing 54 Notice of Filing FINRA Interim Order #3 filed by All Plaintiffs. (D'Amura, Richard)
September 29, 2020 Opinion or Order Filing 53 Unopposed Motion for extension of time until October 29, 2020 to answer HWLC's Counterclaims filed by Plaintiff H. Beck, Inc.. Related document(s) #34 . (D'Amura, Richard)
September 23, 2020 Opinion or Order Filing 52 Order For good cause shown, the parties' #51 Stipulated Motion to Continue Preliminary Injunction Hearing is granted. The electronic hearing to take place via Zoomgov.com is continued until 10/22/2020 and will be held from 9:30 - 11:30 a.m. EDT, sharp, and resume at 2:00 p.m. The Zoomgov.com meeting details previously provided to counsel remain in effect for the new date and time of the hearing. See Order for additional information and requirements. Judge Benita Y. Pearson on 9/23/2020. (JLG)
September 21, 2020 Opinion or Order Filing 51 Stipulated Motion to continue Preliminary Injunction Hearing Date filed by Defendant Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
September 10, 2020 Opinion or Order Filing 50 Order denying Defendant's Motion to continue Preliminary Injunction Hearing Date (Related Doc #49 ). Signed by Judge Benita Y. Pearson on 9/10/2020.(W,CM)
September 10, 2020 Opinion or Order Filing 49 Stipulated Motion to continue Preliminary Injunction Hearing Date until 10/2/2020 filed by Defendant Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael) Modified text on 9/14/2020 (M,L).
September 9, 2020 Opinion or Order Filing 48 Unopposed Motion for extension of time until 10/15/2020 to Answer Counterclaim filed by Plaintiff H. Beck, Inc.. (Lobas, Richard)
September 9, 2020 Opinion or Order Order [non-document] granting Plaintiff's #48 Unopposed Motion for Extension of Time until 10/15/2020 to Answer Counterclaim. Judge Benita Y. Pearson on 9/9/2020.(S,SR)
August 28, 2020 Opinion or Order IMPORTANT Notice [non-document]: The hearing regarding Plaintiff's Motion for Preliminary Injunction (ECF No. #2 ) shall continue on 9/25/2020 at 1:00 p.m. to be held by video conference (Youngstown) before Judge Benita Y. Pearson. (JLG)
August 27, 2020 Opinion or Order Filing 47 Joint Notice of Parties' Conference on Dates for Resumed Preliminary Injunction Hearing filed by H. Beck, Inc.. (Lobas, Richard)
August 26, 2020 Opinion or Order Filing 46 Notice of Filing Deposition Transcripts of Nupur Nagar filed by H. Beck, Inc.. (Attachments: #1 Exhibit Nagar Transcript Vol. 1, #2 Exhibit Nagar Transcript Vol. 2)(Lobas, Richard)
August 26, 2020 Opinion or Order Filing 45 Notice of Filing Deposition Transcript of Sujata Vyas filed by H. Beck, Inc.. (Attachments: #1 Exhibit Vyas Deposition Transcript)(Lobas, Richard)
August 26, 2020 Opinion or Order Filing 44 Opposition to #42 Motion in limine filed by H. Beck, Inc.. (Attachments: #1 Exhibit H. Beck Interrogatory Responses)(Lobas, Richard)
August 26, 2020 Opinion or Order Filing 43 Brief in Opposition to Motion in Limine filed by Health and Wellness Lifestyle Club, LLC. Related document(s) #36 . (Stavnicky, Michael)
August 26, 2020 Opinion or Order Filing 42 Motion in limine filed by Defendant Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 1 - H. Beck, Inc.'s Discovery Responses)(Stavnicky, Michael)
August 26, 2020 Opinion or Order Filing 41 Notice of Filing Deposition filed by Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 1 - Deposition of Avery Mittman)(Stavnicky, Michael)
August 26, 2020 Opinion or Order Filing 40 Notice of Filing Deposition filed by Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 1 - Deposition of Carolyn Valentine)(Stavnicky, Michael)
August 26, 2020 Opinion or Order Filing 39 Notice of Supplemental Authority on FINRA filed by Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
August 26, 2020 Opinion or Order Filing 38 Notice of Filing and Service of Subpoena filed by Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 1 - Valentine Subpoena)(Stavnicky, Michael)
August 26, 2020 Opinion or Order Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Electronic Motion Hearing held on 8/26/2020 regarding Plaintiffs' Motions for Preliminary Injunction (ECF No. 6 in No. 5:20CV1405 and ECF No. #2 in No. 5:20CV1413). Present were Attorney Richard G. Witkowski as counsel for Plaintiff Carolyn Valentine, CPA; Attorneys Richard A. D'Amura and Richard T. Lobas as counsel for Plaintiff H. Beck, Inc.; and Attorney Michael R. Stavnicky as counsel for Defendant. Plaintiff's Motion to Strike and to Preclude Calling Certain Witnesses and introducing Certain Exhibits (ECF No. #36 in No. 5:20CV1413) is denied. However, Defendant shall not use exhibits during the continuation of the Electronic Motion Hearing that include Adobe PDF pins. Defendant's Motion in Limine (ECF No. 36 in No. 5:20CV1405 and ECF No. #42 in No. 5:20CV1413) is denied. The parties shall depose Dave E. Paulukaitis, James Garrison, and Steven Hastings at a date(s) and times agreed to by lead counsel of record in both cases. Plaintiffs called Carolyn Valentine, CPA and Tammy Knop as witnesses. The hearing is paused and the record remains open. On or before 8/27/2020, at 4:00 p.m. EDT, the parties shall file a Joint Notice suggesting a couple of dates and times for the continuation of the Electronic Motion Hearing. (Court Reporter: Mary Uphold); Time: 3 Hours 33 Minutes. (JLG)
August 26, 2020 Opinion or Order Order [non-document] denying as moot Plaintiff's #28 Motion to Supplement Expedited Discovery. Judge Benita Y. Pearson on 8/26/2020. (JLG)
August 25, 2020 Opinion or Order Filing 37 Notice of Supplemental Exhibits filed by H. Beck, Inc. (Attachments: #1 Exhibit 15 - Affidavit of Ownership/Authority, #2 Exhibit 16 - Check dated Sept. 11, 2016 (no memo), #3 Exhibit 17 - Check dated Sept. 11, 2016 (memo), #4 Exhibit 18 - FINRA Interim Order (8.24.20))(Lobas, Richard)
August 25, 2020 Opinion or Order Filing 36 Motion to strike and to Preclude calling certain witnesses and introducing certain exhibits filed by Plaintiff H. Beck, Inc.. Related document(s) #35 . (Lobas, Richard)
August 25, 2020 Opinion or Order Filing 35 Defendant's Notice of Filing Witness and Exhibit List filed by Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 1 - FINRA Claim, #2 Exhibit 2 - Exhibits to FINRA Claim, #3 Exhibit 3 - Expert Report of Steve Hastings, #4 Exhibit 4 - April 6, 2017 Email from Valentine, #5 Exhibit 5 - June 16, 2017 Email from Valentine, #6 Exhibit 6 - FINRA Brief in Opposition filed July 6, 2020, #7 Exhibit 7 - Raintree Purchase Agreement, #8 Exhibit 8 - Prestwick Purchase Agreement, #9 Exhibit 9 - Standby Creditor's Agreement/Note, #10 Exhibit 10 - Lender Needs Seller Note, #11 Exhibit 11 - $60,000 Wire, #12 Exhibit 12 - July 29, 2016 Wire, #13 Exhibit 13 - $29,000 Check, #14 Exhibit 14 - February 8, 2017 Membership Agreement, #15 Exhibit 15 - 2018 Wires, #16 Exhibit 16 - August 20, 2015 Valentine Reviews Purchase Agreement, #17 Exhibit 17 - Agenda for Meeting 2015, #18 Exhibit 18 - October 1, 2015 Document Request Valentine, #19 Exhibit 19 - October 24, 2015 Email Valentine, #20 Exhibit 20 - Valentine has Rainieri Sign Forms, #21 Exhibit 21 - 2017 H. Beck Compliance Questionnaire, #22 Exhibit 22 - 2011 Financial Statement Prestwick, #23 Exhibit 23 - Valentine June 16, 2017 Email Courses Did Support Rent, #24 Exhibit 24 - June 29, 2017 Bissell Email, #25 Exhibit 25 - July 3, 2017 Bissell Email $63,000 Drop, #26 Exhibit 26 - June 13, 2017 Email from Bob Garfield Accountant Incompetent, #27 Exhibit 27 - H. Beck Fined $400,000, #28 Exhibit 28 - H. Beck Censured by FINRA, #29 Exhibit 29 - Valentine Answering Rainieris Discovery August 6, 2018, #30 Exhibit 30 - August 20, 2018 Valentine Editing Declaration, #31 Exhibit 31 - June 9, 2017 Bissell Email, #32 Exhibit 32 - June 20, 2017 Bissell Email, #33 Exhibit 33 - June 23, 2017 Bissell Email, #34 Exhibit 34 - June 19, 2017 Bissell Email, #35 Exhibit 35 - June 22, 2017 Bissell Email)Related document(s) #23 .(Stavnicky, Michael)
August 24, 2020 Opinion or Order Order [non-document] The hearing on Plaintiffs' Motions for Preliminary Injunction is reset for 8/26/2020 at 12:30 p.m. via Zoomgov.com. Note that this is a time change only. The Zoomgov.com meeting details previously provided to counsel remain in effect for the new time of the hearing. Judge Benita Y. Pearson on 8/24/2020. Related document(s) #23 . (JLG)
August 21, 2020 Opinion or Order Filing 34 Answer to #1 Complaint,, with Jury Demand , Counterclaim against Plaintiff All Plaintiffs filed by Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
August 21, 2020 Opinion or Order Filing 33 Reply in support of #2 Motion for temporary restraining order and preliminary injunction filed by H. Beck, Inc. (Attachments: #1 Exhibit A-Witness and Exhibit List, #2 Exhibit 1-Dave E. Paulukaitis Expert Report dated August 19, 2020, #3 Exhibit 2-Complaint in HWLC v. Raintree (Exhibits Filed Under Seal ), #4 Exhibit 3-HWLC's ROG Resp. in HWLC v. Raintree, #5 Exhibit 4-Order on MSJ, #6 Exhibit 5-Appellate Decision, #7 Exhibit 6-Complaint in HWLC v. Valentine, #8 Exhibit 7-HWLC's Brief in Opp. to Mot. for JOP, #9 Exhibit 8-Judgment Entry Granting Def.s Mot. for JOP, #10 Exhibit 9-HWLC Appellant Brief (COA 5th JD of Ohio), #11 Exhibit 10-HWLC Appellant Brief (COA 5th JD of Ohio), #12 Exhibit 11-Emails, #13 Exhibit 12-Raintree Purchase & Sale Agreement, #14 Exhibit 13-Prestwick Purchase & Sale Agreement, #15 Exhibit 14-Mittman-Memo of Agreement)(Lobas, Richard)
August 21, 2020 Opinion or Order Filing 32 Errata to Reply Memorandum in Support of #2 Motion for Preliminary Injunction filed by H. Beck, Inc. (Lobas, Richard)
August 20, 2020 Opinion or Order Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic attorney conference held on 8/20/2020. Present were Attorneys Richard A. D'Amura and Richard T. Lobas as counsel for Plaintiff; and Attorney Michael R. Stavnicky as counsel for Defendant. Lead counsel of record agreed and it is Ordered that Avery C. Mittman, M.D.'s deposition set for later today will be reset. Dr. Mittman shall present for deposition after the conclusion of the deposition of Nupur Nagar. After her deposition is concluded, Ms. Nagar, as the corporate representative of Defendant, is allowed to be present for the deposition of Dr. Mittman. (Court Reporter: None); Time: 10 Minutes. (JLG)
August 19, 2020 Opinion or Order Filing 31 Reply in support of #2 Motion for temporary restraining order and preliminary injunction filed by H. Beck, Inc. (Attachments: #1 Exhibit 1- Expert Report #2 Exhibit 2- Court Filing #3 Exhibit 3- Court Filing #4 Exhibit 4- Court Filing #5 Exhibit 5- Court of Appeals filing #6 Exhibit 6- Court of Appeals Filing #7 Exhibit 7- Stark County Court Filing #8 Exhibit 8- Stark County Court Filing, #9 Exhibit 9- Stark County Court Filing #10 Exhibit 10- District Court Filing #11 Exhibit 11- Email dated June 14, 2014, #12 Exhibit 12- Purchase and Sale Agreement #13 Exhibit 13- Purchase and Sale Agreement #14 Exhibit 14- Health and Welfare Letter #15 Exhibit 15- Witness List)(Lobas, Richard)
August 19, 2020 Opinion or Order Filing 30 Order For good cause shown, Plaintiff's Motion for Leave to Exceed Page Limitations (ECF No. #29 ) is granted. Plaintiff is granted leave to file a supplemental reply memorandum in support of its Motion for Preliminary Injunction (ECF No. #2 ) that shall not exceed 20 pages (5 pages over the LR 7.1(f) limit for standard cases). See Order for additional information and requirements. Judge Benita Y. Pearson on 8/19/2020. (JLG)
August 19, 2020 Opinion or Order Filing 29 Motion for leave to exceed page limitations filed by Plaintiff H. Beck, Inc.. (Lobas, Richard)
August 3, 2020 Opinion or Order Filing 28 Motion to supplement Expedited Discovery filed by Plaintiff H. Beck, Inc.. (Attachments: #1 Exhibit Composite Ex A, #2 Exhibit Composite Ex B)(D'Amura, Richard)
July 29, 2020 Opinion or Order Filing 27 Transcript of Temporary Restraining Order Hearing held on 7/8/20 before Judge Benita Y. Pearson. To obtain a bound copy of this transcript please contact court reporter Mary L. Uphold at 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [113 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/5/2020. Redaction Request due 8/19/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/27/2020. Related document(s) #21 , #19 . (U,ML)
July 29, 2020 Opinion or Order Order [non-document] granting Defendant's #26 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 26 Motion for leave to plead filed by Defendant Health and Wellness Lifestyle Club, LLC. Related document(s) #1 . (Stavnicky, Michael)
July 28, 2020 Opinion or Order Filing 25 Motion to consolidate cases filed by Defendant Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
July 28, 2020 Opinion or Order Filing 24 Order granting Plaintiff's #22 Motion for Expedited Discovery. On or before 8/7/2020, Defendant shall respond and produce documents responsive to the proposed Interrogatories and Requests for Admission (ECF No. 22-1) and Request for Production of Documents (ECF No. 22-2). Defendant shall present for deposition no later than 8/19/2020, a Fed. R. Civ. P. 30(b)(6) representative(s) to testify. Plaintiff may depose any person identified by Defendant in response to Plaintiff's proposed Interrogatory No. 10 (ECF No. 22-1 at PageID #: 825), 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 Opinion or Order Filing 23 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 24, 2020 Opinion or Order Filing 22 Motion for Expedited Discovery filed by Plaintiff H. Beck, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lobas, Richard)
July 22, 2020 Opinion or Order Filing 21 Expedited Non-Appeal Transcript Order Form for proceedings held on July 2, 2020 before Judge Benita Y. Pearson, re Status Conference,,,,,. Court Reporter: Mary Uphold. Requested completion date: July 29, 2020 filed by Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
July 21, 2020 Opinion or Order Filing 20 Return of Service by personal service executed upon Health and Wellness Lifestyle Club, LLC on 7/15/2020, filed on behalf of H. Beck, Inc. (Lobas, Richard)
July 17, 2020 Opinion or Order Filing 19 Expedited Non-Appeal Transcript Order Form for proceedings held on July 2, 2020 before Judge Judge Benita Y. Pearson, Court Reporter: Mary Uphold. Requested completion date: 7/31/2020 filed by H. Beck, Inc.. (Lobas, Richard)
July 9, 2020 Opinion or Order Filing 18 Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's Motion for Temporary Restraining Order (ECF No. #2 ) is denied. Plaintiff's Motion for Preliminary Injunction (ECF No. #2 ) 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. Judge Benita Y. Pearson on 7/9/2020. Related document(s) #11 , #13 . (JLG)
July 8, 2020 Opinion or Order Filing 17 Notice of Objection to Admission of Supplemental Exhibits filed by H. Beck, Inc.. Related document(s) #16 .(Lobas, Richard)
July 8, 2020 Opinion or Order Filing 16 Defendant's Notice of Filing Supplemental Exhibits filed by Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Exhibit 7 - Raintree Purchase Agreement, #2 Exhibit 8 - Prestwick Purchase Agreement, #3 Exhibit 9 -Standby Creditor's Agreement/Note)Related document(s) #12 .(Stavnicky, Michael)
July 8, 2020 Opinion or Order Filing 15 Motion in limine to Strike HWLC's Expert Report and to Exclude Testimony of Nupur Nagar and Steven Hastings filed by Plaintiff H. Beck, Inc.. (Lobas, Richard)
July 8, 2020 Opinion or Order Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Electronic Motion Hearing held on 7/8/2020 regarding Plaintiff's Motion for Temporary Restraining Order #2 . Present were Attorneys Richard A. D'Amura and Richard T. Lobas as counsel for Plaintiff; and Attorney Michael R. Stavnicky as counsel for Defendant. Plaintiff's Motion to Strike Defendant's Expert Report and to Exclude Testimony of Nupur Nagar and Steven Hastings #15 is denied. Defendant called Steven Hastings and Nupur Nagar as witnesses. The parties' positions are heard and submitted for consideration. Court Reporter: Mary Uphold); Time: 2 Hours 55 Minutes. (JLG)
July 7, 2020 Opinion or Order Filing 14 Exhibit List filed by H. Beck, Inc.. Related document(s) #2 . (Lobas, Richard)
July 7, 2020 Opinion or Order Filing 13 Reply in support of #2 Motion for temporary restraining order and preliminary injunction filed by H. Beck, Inc.. (Lobas, Richard)
July 7, 2020 Opinion or Order Filing 12 Defendant's Witness and Exhibit List filed by Health and Wellness Lifestyle Club, LLC. Related document(s) #11 ,.(Stavnicky, Michael)
July 7, 2020 Opinion or Order Filing 11 Brief in Opposition to Motion for Temporary Restraining Order filed by Health and Wellness Lifestyle Club, LLC. Related document(s) #2 . (Attachments: #1 Exhibit 1 - FINRA Claim, #2 Exhibit 2 - Exhibits to FINRA Claim, #3 Exhibit 3 - Expert Report of Steve Hastings, #4 Exhibit 4 - April 6, 2017 Email from Carolyn Valentine, #5 Exhibit 5 - June 16, 2017 Email from Carolyn Valentine, #6 Exhibit 6 - FINRA Brief in Opposition filed July 6, 2020) (Stavnicky, Michael)
July 2, 2020 Opinion or Order Filing 10 Order granting #7 Motion for Appearance Pro Hac Vice by Attorney Richard A. D'Amura for Plaintiff H. Beck, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 7/2/2020. (JLG)
July 2, 2020 Opinion or Order Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Attorney Conference held on 7/2/2020. Present were Attorneys Richard T. Lobas and Richard A. D'Amura as counsel for Plaintiff; and Attorney Michael R. Stavnicky as counsel for Defendant. Pursuant to General Order 2020-08 regarding COVID-19 and the related guidance provided to minimize risk of infection, Plaintiff's Motion for Temporary Restraining Order #2 shall come on for an electronic hearing to take place via Zoomgov.com on 7/8/2020 at 10:00 a.m. EDT. The Zoom Meeting details will be distributed by the Court to counsel. Each side will be allowed 1 hour to present its position, including testimony, regarding the motion. Defendant did not file a memorandum in opposition to the motion in compliance with the Court's prior Order #9 . Defendant shall now serve and file a memorandum in opposition to the motion on or before 7/7/2020, at 10:00 a.m. EDT. On or before 7/7/2020, 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. (Court Reporter: Mary Uphold); Time: 18 Minutes. (JLG)
July 1, 2020 Opinion or Order Filing 9 Order Plaintiff's Motion for Temporary Restraining Order (ECF No. #2 ) shall come on for a Telephonic Attorney Conference on Thursday, 7/2/2020, at 12:30 p.m. before Judge Benita Y. Pearson. Pursuant to General Order 2020-08 regarding COVID-19 and the related guidance provided to minimize risk of infection, the Court is, when possible, conducting matters telephonically or postponing them. To ensure that lead counsel of record are able to take part in the Telephonic Attorney Conference set for 7/2/2020 at 12:30 p.m., the conference will be conducted using the Court's AT&T Teleconference Service. See Order for conference call details. Judge Benita Y. Pearson on 7/1/2020. (JLG)
July 1, 2020 Opinion or Order Filing 8 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).
July 1, 2020 Opinion or Order Filing 7 Motion for attorney Richard A. D'Amura to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10078446, filed by Plaintiff H. Beck, Inc.. (Attachments: #1 Exhibit Declaration, #2 Proposed Order)(Lobas, Richard)
July 1, 2020 Opinion or Order Filing 6 Attorney Appearance by Michael R. Stavnicky filed by on behalf of Health and Wellness Lifestyle Club, LLC. (Stavnicky, Michael)
July 1, 2020 Opinion or Order Judge Benita Y. Pearson assigned to case, Judge Sara Lioi terminated. (T,Je)
July 1, 2020 Opinion or Order IMPORTANT: Notice [non-document]: The telephone conference set for 7/2/2020 at 3:00 p.m. before Judge Sara Lioi is canceled. (E,CK)
July 1, 2020 Opinion or Order Order [non-document]: Telephone Conference re #2 Motion for temporary restraining order and preliminary injunction filed by H. Beck, Inc. set for 7/2/2020 at 03:00 PM before Judge Sara Lioi; counsel shall use the dial in instructions sent to them by email. Judge Sara Lioi on 7/1/2020. (D,S)
June 26, 2020 Opinion or Order Filing 5 Initial Standing Order. Judge Sara Lioi on 06/26/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL)
June 26, 2020 Opinion or Order Filing 4 Original Summons and Magistrate Consent Form issued for service upon Health and Wellness Lifestyle Club, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL)
June 26, 2020 Opinion or Order Filing 3 Corporate Disclosure Statement filed by H. Beck, Inc.. (Lobas, Richard)
June 26, 2020 Opinion or Order Filing 2 Motion for temporary restraining order and preliminary injunction with memorandum filed by Plaintiff H. Beck, Inc. (Attachments: #1 Exhibit 1 NDOH Complaint, #2 Exhibit 2 NDOH Order & Decision, #3 Exhibit 3 Appeal, #4 Exhibit 4 Stark County Complaint, #5 Exhibit 5 Stark County Judgment Entry, #6 Exhibit 6 Declaration of Carolyn Valentine, #7 Exhibit 7 Declaration of Tammy Knop, #8 Exhibit 8 First Amended Statement of Claim, #9 Exhibit 9 Declaration of Richard Lobas, #10 Proposed Order)(Lobas, Richard) Modified description of attachments on 6/29/2020 (M,TL).
June 26, 2020 Opinion or Order Filing 1 Complaint for Declaratory Judgment and for Preliminary and Permanent Injunction against Health and Wellness Lifestyle Club, LLC. Filing fee paid $ 400, receipt number AOHNDC-10070110, filed by H. Beck, Inc. (Attachments: #1 Exhibit 1 - District Court Action Complaint, #2 Exhibit 2 - District Court Order, #3 Exhibit 3 - 6th Circuit Opinion, #4 Exhibit 4 - 2019_08_06 Complaint, #5 Exhibit 5 - 2020_04_07 Judgment Entry, #6 Exhibit 6 - Valentine Declaration, #7 Exhibit 7 - H. Beck Declaration, #8 Exhibit 8 - 2020_05_04 Claimant's Statement of Claim, #9 Civil Cover Sheet, #10 Summons) (Lobas, Richard)
June 26, 2020 Opinion or Order 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 26, 2020 Opinion or Order Judge Sara Lioi assigned to case. (M,TL)

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Defendant: Health and Wellness Lifestyle Club, LLC
Represented By: Michael R. Stavnicky
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Plaintiff: H. Beck, Inc.
Represented By: George S. Coakley
Represented By: Richard T. Lobas
Represented By: Richard A. D'Amura
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