Kallai et al v. Jatola Homes, LLC et al
| Joshua Kallai and Jena Kallai |
| Re/Max, LLC, Aman Title, LLC, Wengerd Rock Holdings, LLC, Palm Tree Holdings, LLC, Jatola Property Management, LLC, EXP Realty, LLC, Paraduxx Holdings, LLC, Amy L. Wengerd, Jatola Homes, LLC doing business as Amy Wengerd Group, Justin Holdings, LLC, Ohio Real Title Agency, LLC, Joseph E. Wengerd, Jr., John Doe and Mara C. Aman |
| 5:2021cv00056 |
| January 8, 2021 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| David A Ruiz |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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Filing 42
Order of Case Dismissal. Judge David A. Ruiz on 7/25/2022. Related document #41 . (M,CE)
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Filing 41
Stipulated Notice of Dismissal Under FRCP 41(a)(1) with prejudice as to claims of Plaintiffs Joshua Kallai and Jena Kallai and without prejudice as to the claims of the putative class, with the parties to bear their own costs and fees, filed by All Plaintiffs. (Collum, James)
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Filing 40
Unopposed Motion for an 11-day extension of time to File Stipulated Dismissal until 7/29/2022, filed by Jena Kallai, Joshua Kallai. (Collum, James)
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Order [non-document] granting Plaintiff's unopposed #40 Motion For an Eleven (11) Day Extension of Time to File a Stipulated Notice of Dismissal. Parties shall file a Stipulated Notice of Dismissal on or before 7/29/2022. Judge David A. Ruiz on 7/15/2022. (F,JM)
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Filing 39
Minutes of Proceedings and Order: Video conference hearing held on 6/16/2022 with the above counsel. Oral arguments were heard from Attorneys Fuller and Collum on Defendant Ohio Real Title Agency, LLC's #23 Motion to Show Cause and for Sanctions moving this Court to award attorneys fees and costs against Plaintiffs and/or their counsel. (Id. at PageID# 295). Plaintiffs oppose each motion #26 . After fully considering the parties' filings, pertinent legal authority, and counsels' oral argument, the Court denied the Motion to Show Cause as moot and denied the Motion for Sanctions for the reasons set forth on the record. Time: 30 minutes. Signed by Judge David A. Ruiz on 6/16/22. (L,Br)
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IMPORTANT: Notice [non-document] of Motion (R. #23 ) Hearing set for 6/16/2022 at 11:30 AM to be held by video conference (Cleveland) before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Counsel shall notify the Court if motions (R. #23 ) are resolved prior to the scheduled hearing. (G,CA)
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Order [non-document] granting #38 Joint Motion to continue all deadlines and hearings for 60 days. The case management conference set for 5/23/2022 is cancelled. Parties shall file a Stipulated Notice of Dismissal on or before 7/18/2022. Judge David A. Ruiz on 5/18/2022. (G,CA)
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Filing 38
Settlement Notice Stipulation of Settlement, Joint Motion to continue all deadlines and hearings for 60 days filed by Aman Title, LLC, Jatola Homes, LLC. (McGrath, V.) Modified to add motion event on 5/18/2022 (G,CA).
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Filing 37
Case Management Conference Scheduling Order with case management conference to be held telephonically on 5/23/2022 at 11:15 AM before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 5/2/2022. (Attachments: #1 Report of the Parties Planning Meeting) (G,CA)
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Filing 36
Joint Status Report filed by Aman Title, LLC. (McGrath, V.)
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Filing 35
Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN)
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Reassignment of Magistrate Judge pursuant to General Order 2021-15. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (S,He)
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Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. Judge Bridget Meehan Brennan's assignment terminated due to Baker & Hostetler conflict. (S,HR)
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Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. Related document(s) #23 . (S,DM)
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Filing 34
Corporate Disclosure Statement filed by Aman Title, LLC. (McGrath, V.)
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Filing 33
Answer to #11 Amended complaint filed by Jatola Homes, LLC. (Lewis, Patrick)
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Filing 32
Answer to #11 Amended complaint filed by Aman Title, LLC. (McGrath, V.)
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Filing 31
Marginal Entry Order granting #30 Defendants' Motion for Extension of Time to Answer. Aman Title, LLC and Jatola Homes, LLC answers due 1/31/2022. Judge John R. Adams on 12/22/2021.(L,J)
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Filing 30
Joint Motion for extension of time until January 31, 2022 to answer First Amended Complaint filed by Aman Title, LLC, Jatola Homes, LLC. (Related document #11 ) (Lewis, Patrick) Modified to correct filers on 12/20/2021 (O,K).
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Filing 29
Memorandum of Opinion and Order: The Wengerd Defendants' motion to dismiss the Kallais' first amended class action complaint for lack of standing and failure to state a claim upon which relief may be granted is hereby GRANTED IN PART and DENIED IN PART. Likewise, the Aman Defendants' motion to dismiss the Kallais' first amended class action complaint for failure to state a claim upon which relief may be granted is hereby GRANTED IN PART and DENIED IN PART. The individual defendants (Amy Wengerd and Mara Aman) are hereby dismissed from this matter. Kallais' claims that The Amy Wengerd Group and Aman Title violated the anti-kickback provision of Real Estate Settlement Practices Act will proceed before this Court. Judge John R. Adams on 12/16/2021. (Related document #15 , #16 ) (O,K)
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Filing 28
Order denying as moot Defendants' Motion to dismiss party (Related Doc #8 ), Defendants' Motion to dismiss for failure to state a claim (Related Doc #9 ) and Defendants' Motion to dismiss for failure to state a claim (Related Doc #10 ). Granting Defendant Ohio Real Title's Motion to dismiss the amended class action complaint (Related Doc #14 ). Judge John R. Adams on 8/25/21.(K,C)
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Filing 27
Notice of Supplemental Authority in Support of Jatola Homes Defendants' Motion to Dismiss Amended Complaint filed by Jatola Homes, LLC, Amy L. Wengerd. Related document(s) #15 .(Lewis, Patrick)
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Filing 26
Response to #23 Motion to show cause and for sanctions filed by All Plaintiffs. (Collum, James)
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Filing 25
Reply in support of #15 Motion to dismiss for failure to state a claim filed by Jatola Homes, LLC, Amy L. Wengerd. (Lewis, Patrick)
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Filing 24
Reply in support of #16 Motion to dismiss for failure to state a claim filed by Mara C. Aman, Aman Title, LLC. (McGrath, V.)
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Filing 23
Motion to show cause and for sanctions filed by Defendant Ohio Real Title Agency, LLC. (Attachments: #1 Brief in Support Memorandum in Support of Motion of Defendant Ohio Real Title Agency, LLC to Show Cause and for Sanctions, #2 Exhibit A - Affidavit)(Fuller, Adam)
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Filing 22
Reply Brief in Support of Motion of Defendant Ohio Real Title Agency, LLC to Dismiss Under F.R.C.P. 12(B)(1), (6) filed by Ohio Real Title Agency, LLC. Related document(s) #14 . (Fuller, Adam)
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Filing 21
Response to #14 Motion to dismiss party Under F.R.C.P. 12(B)(1), (6), #16 Motion to dismiss for failure to state a claim , #15 Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Collum, James)
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Filing 20
Marginal Entry Order granting Plaintiffs' #19 Motion for Extension of Time to File Response/Reply re #19 . Plaintiffs shall respond on or before May 7, 2021 to the currently pending motions to dismiss. Judge John R. Adams on 4/22/21.(K,C)
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Filing 19
Unopposed Motion for extension of time until May 7, 2021 to file response/reply to #14 Motion to dismiss party Under F.R.C.P. 12(B)(1), (6), #16 Motion to dismiss for failure to state a claim , #15 Motion to dismiss for failure to state a claim filed by Jena Kallai, Joshua Kallai. Related document(s) #14 , #16 , #15 . (Collum, James)
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Filing 18
Notice of Filing Supplement - Exhibit 1 to Defendants Aman Title LLC and Mara C. Amans Memorandum in Support of Motion to Dismiss First Amended Complaint Under F.R.C.P. 12(B)(6) (Doc. #17 ), filed by Mara C. Aman, Aman Title, LLC. Related document(s) #17 . (Attachments: #1 Exhibit 1 to Doc. 17 Original Offer)(McGrath, V.)
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Filing 17
Memorandum in Support of Motion to dismiss for failure to state a claim - filed by Mara C. Aman, Aman Title, LLC. Related document(s) #16 . (McGrath, V.)
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Filing 16
Motion to dismiss for failure to state a claim filed by Mara C. Aman, Aman Title, LLC. Related document(s) #11 . (Attachments: #1 Proposed Order)(McGrath, V.)
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Filing 15
Motion to dismiss for failure to state a claim filed by Jatola Homes, LLC, Amy L. Wengerd. Related document(s) #11 . (Attachments: #1 Brief in Support of Motion to Dismiss Amended Complaint)(Lewis, Patrick)
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Filing 14
Motion to dismiss party Under F.R.C.P. 12(B)(1), (6) filed by Defendant Ohio Real Title Agency, LLC. Related document(s) #11 . (Attachments: #1 Memorandum in Support of Motion to Dismiss First Amended Complaint)(Fuller, Adam)
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Filing 13
Marginal Entry Order granting Defendants' #12 Motion for Extension of Time to Answer (re #12 ). Defendants shall answer or otherwise respond to Plaintiffs' amended complaint on or before April 9, 2021. Judge John R. Adams on 3/18/21.(K,C)
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Filing 12
Unopposed Joint Motion for extension of time until 4/9/21 to answer Amended Complaint (ECF No. #11 ). filed by Mara C. Aman, Aman Title, LLC, Jatola Homes, LLC, Ohio Real Title Agency, LLC, Amy L. Wengerd. Related document(s) #11 . (Lewis, Patrick)
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Filing 11
First Amended Class Action Complaint: Violation of Real Estate Settlement Practices Act against All Defendants. Filed by Jena Kallai, Joshua Kallai. (Collum, James)
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Filing 10
Motion to dismiss for failure to state a claim filed by Mara C. Aman, Aman Title, LLC. (Attachments: #1 Brief in Support Memorandum in Support of Motion)(McGrath, V.)
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Filing 9
Motion to dismiss for failure to state a claim filed by Jatola Homes, LLC, Jatola Property Management, LLC, Justin Holdings, LLC, Palm Tree Holdings, LLC, Paraduxx Holdings, LLC, Amy L. Wengerd, Joseph E. Wengerd, Jr, Wengerd Rock Holdings, LLC. (Attachments: #1 Brief in Support Memorandum in Support of Motion)(Lewis, Patrick)
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Filing 8
Motion to dismiss party under FRCP 12(B)(1),(6) filed by Defendant Ohio Real Title Agency, LLC. (Attachments: #1 Brief in Support )(Fuller, Adam)
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Filing 7
Corporate Disclosure Statement filed by Ohio Real Title Agency, LLC. (Fuller, Adam)
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Filing 6
State court documents received from Stark County Court of Common Pleas, case number 2020cv01648. Original record returned to Stark County Court with acknowledgement of receipt enclosed. (Attachments: #1 Letter to Stark County Clerk of Courts) (O,K)
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Filing 5
Marginal Entry Order granting Defendants' Joint #4 Motion for Extension of Time to Answer. Defendants' answers are due on or before 2/12/2021. Judge John R. Adams on 1/12/21.(K,C)
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Filing 4
Unopposed Motion for extension of time until 2/12/2021 to answer Complaint filed by Mara C. Aman, Aman Title, LLC, John Doe, EXP Realty, LLC, Jatola Homes, LLC, Jatola Property Management, LLC, Justin Holdings, LLC, Ohio Real Title Agency, LLC, Palm Tree Holdings, LLC, Paraduxx Holdings, LLC, Re/Max, LLC, Amy L. Wengerd, Joseph E. Wengerd, Jr, Wengerd Rock Holdings, LLC. Related document(s) #1 . (Attachments: #1 Proposed Order Proposed Order)(Lewis, Patrick)
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Filing 3
Magistrate Consent Form issued. (M,TL)
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Filing 2
Civil Cover Sheet, filed by Jatola Homes, LLC , Jatola Property Management, LLC, Justin Holdings, LLC, Palm Tree Holdings, LLC, Paraduxx Holdings, LLC, Amy L. Wengerd, Joseph E. Wengerd, Jr, Wengerd Rock Holdings, LLC. Related document(s) #1 . (Lewis, Patrick)
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Filing 1
Notice of Removal from Stark County, Ohio Court of Common Pleas, case number No. 2020 CV 01648 Filing fee paid $ 402, receipt number AOHNDC-10554723.. Filed by Palm Tree Holdings, LLC, Amy L. Wengerd, Jatola Homes, LLC d/b/a The Amy Wengerd Group, Paraduxx Holdings, LLC, Joseph E. Wengerd, Jr, Wengerd Rock Holdings, LLC, Jatola Property Management, LLC, Justin Holdings, LLC. (Attachments: #1 Exhibit A. State Court Record) (Lewis, Patrick)
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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 Kathleen B. Burke. (M,TL)
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Judge John R. Adams assigned to case. (M,TL)
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