Mondello et al v. Power Home Solar, LLC et al
| Mark Mondello and Tracy Mondello |
| Goodleap, LLC, Power Home Solar, LLC doing business as Pink Energy and Jayson Waller |
| Loanpal, LLC |
| 5:2022cv01238 |
| July 14, 2022 |
| US District Court for the Northern District of Ohio |
| David A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 44
Memorandum Opinion and Order. Defendant GoodLeap's #17 Motion to Dismiss and Compel Arbitration is GRANTED. Defendant Waller's #28 Motion to Dismiss is GRANTED. Plaintiffs' #24 Motion to Conduct Limited Discovery is DENIED as moot. Defendants GoodLeap and Waller are hereby DISMISSED from this action. Judge David A. Ruiz on 9/28/2023. (C,TA)
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Filing 43
Response to Notice of Ruling filed by Jayson Waller. Related document(s) #42 .(Lewis, Patrick)
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Filing 42
Notice of Ruling filed by Goodleap, LLC. (Attachments: #1 Exhibit Opinion & Order in SDOH Cases)(Goldberg, Marc)
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Filing 41
Minute Order of Case Management Conference held on 3/22/2023. The Court stayed the proceedings pending its ruling on the following pending motions: Defendant Goodleap, LLC's #17 Motion to Dismiss and Compel Arbitration, and Plaintiffs' #24 Motion to Conduct Limited Discovery.Time: 47 minutes. Judge David A. Ruiz on 3/22/2023. (C,TA)
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Filing 40
Report of Parties' Planning Meeting - filed by All Plaintiffs. (Roth, Stacie)
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Filing 39
Answer to #37 Crossclaim filed by Jayson Waller. (Lewis, Patrick)
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Filing 38
Answer to #16 Amended complaint filed by Jayson Waller. (Lewis, Patrick)
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Filing 37
Answer to #16 Amended complaint , Crossclaim against Jayson Waller filed by Goodleap, LLC. (Goldberg, Marc)
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Filing 36
Case Management Conference Scheduling Order with case management conference to be held on 3/22/2023 at 1:00 PM by telephone 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 1/30/2023. (Attachments: #1 Report of the Parties Planning Meeting) (C,TA)
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Filing 35
Reply to Plaintiffs' #33 Opposition to #28 Motion to Dismiss Amended Complaint filed by Jayson Waller. (Lewis, Patrick) Modified text on 1/25/2023 (S,DM).
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Order [non-document] denying as moot and without prejudice Defendant Power Home Solar, LLC's and Defendant Jayson Waller's #4 Motion to Dismiss or Stay All Proceedings and Compel Arbitration, and Defendant Goodleap, LLC's #8 Motion to Dismiss and Compel Arbitration, based upon the filing of Plaintiffs' #16 Amended Complaint. Any subsequent filings by any party may not adopt or incorporate entire prior filings or entire arguments by reference, but must present the party's entire position and arguments in the new filing. Judge David A. Ruiz on 1/24/2023. (C,TA)
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Order [non-document] granting Defendant Jayson Waller's #34 Unopposed Motion for extension of time to file reply in support of his #28 Motion to Dismiss Amended Complaint. Defendant Waller shall file his reply on or before 1/24/2023. Judge David A. Ruiz on 1/3/2023.(C,TA)
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Filing 34
Consent Motion for extension of time until 1/24/2023 to file response/reply to #28 Motion to dismiss for failure to state a claim Plaintiffs' first amended complaint filed by Defendant Jayson Waller. Related document(s) #28 . (Attachments: #1 Exhibit A - Motion for Relief from Stay)(Lewis, Patrick)
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Filing 33
Opposition to #28 Motion to dismiss for failure to state a claim Plaintiffs' first amended complaint filed by All Plaintiffs. (Burton, Andrew)
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Filing 32
Reply in support of #24 Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue are Enforceable filed by All Plaintiffs. (Roth, Stacie)
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Filing 31
Opposition to #24 Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue are Enforceable filed by Goodleap, LLC. (Attachments: #1 Affidavit Declaration of Marc H. Goldberg, Esq.)(Goldberg, Marc)
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Order [non-document] Pursuant to Plaintiffs' #30 Notice of Withdrawal, Plaintiffs' #26 Motion to Conduct Immediate Discovery is withdrawn without prejudice. Judge David A. Ruiz on 11/30/2022. (C,TA)
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Filing 30
Notice of Withdrawal of Motion to Conduct Immediate Discovery filed by All Plaintiffs. Related document(s) #26 .(Roth, Stacie)
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Filing 29
Marginal Entry Stipulation & Order approving #25 Stipulation Regarding Withdrawal of Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' #12 Motion for Preliminary Injunction is withdrawn. Judge David A. Ruiz on 11/21/2022. (C,TA)
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Filing 28
Motion to dismiss for failure to state a claim Plaintiffs' first amended complaint filed by Defendant Jayson Waller. Related document(s) #16 . (Attachments: #1 Brief in Support)(Lewis, Patrick)
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Filing 27
Reply in support of #17 Motion to dismiss, Motion to Compel Arbitration; Response to Plaintiffs' Opposition #18 filed by Goodleap, LLC. (Barraza, Christopher) Modified text on 12/5/2022 (M,CE).
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Filing 26
WITHDRAWN Motion to Conduct Immediate Discovery with Defendants filed by Mark Mondello, Tracy Mondello. (Attachments: #1 Memorandum in Support)(Roth, Stacie) Marked withdrawal per doc. no. #30 on 12/5/2022 (M,CE).
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Filing 25
Stipulated Motion to withdraw document #12 Motion for Preliminary Injunction filed by Defendant Goodleap, LLC. Related document(s) #12 . (Goldberg, Marc)
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Filing 24
Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue are Enforceable filed by Mark Mondello, Tracy Mondello. (Attachments: #1 Memorandum in Support, #2 Affidavit of Stacie L. Roth)(Roth, Stacie)
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Filing 23
Order. Due to Defendant Power Home Solar, LLC's #10 bankruptcy proceeding, the instant matter is stayed as to Defendant Power Home Solar, LLC, effective 10/7/2022. Judge David A. Ruiz on 11/14/2022. (C,TA)
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Order [non-document] granting Defendant Jayson Waller's #20 Motion for extension of time to respond to Plaintiffs' #16 Amended Complaint. Defendant Waller shall answer or respond to the Amended Complaint on or before 11/18/2022. Judge David A. Ruiz on 11/14/2022. (C,TA)
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Filing 22
Notice of Substitution of Counsel removing attorney Sean Steward and adding attorney Andrew R. Burton filed by on behalf of All Plaintiffs. (Burton, Andrew)
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Order [non-document] granting the parties' #21 Joint Motion for extension of time for Defendant Goodleap, LLC to respond to Plaintiff's #12 Motion for preliminary injunction. Defendant Goodleap, LLC's response is due on or before 11/23/2022. Judge David A. Ruiz on 11/9/2022. (C,TA)
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Filing 21
Stipulated Motion for extension of time until 11/23/2022 to file response/reply to #12 Motion for preliminary injunction filed by Defendant Goodleap, LLC. Related document(s) #12 . (Goldberg, Marc)
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Filing 20
Motion for extension of time until 11/18/2022 to answer Plaintiffs' first amended complaint filed by Defendants Jayson Waller, Power Home Solar, LLC. Related document(s) #16 . (Lewis, Patrick) Modified filers on 11/7/2022 (M,CE).
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Filing 19
Supplemental Affidavit/Declaration filed by All Plaintiffs. Related document(s) #18 . (Attachments: #1 Exhibit A -- Power Home Sales Agreement, #2 Exhibit B -- Goodleap Loan Agreement)(Roth, Stacie)
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Filing 18
Response to #17 Motion to dismiss, Motion to Compel Arbitration filed by All Plaintiffs. (Roth, Stacie)
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Filing 17
Motion to dismiss, Motion to Compel Arbitration filed by Defendant Goodleap, LLC. Related document(s) #16 . (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Affidavit of Matt Dawson) (Reed, Orville). Modified text, added Motion to compel arbitration on 11/1/2022 (M,CE).
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Order [non-document] granting #14 Motion for appearance pro hac vice by attorney John G. Schmidt, Jr. for Goodleap, LLC. 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. Attorney Schmidt is reminded to include his state bar registration number and email address in all filings. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 10/25/2022. (C,TA)
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Order [non-document] granting #13 Motion for appearance pro hac vice by attorney Marc H. Goldberg for Goodleap, LLC. 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. Attorney Goldberg is reminded to include his state bar registration number and email address in all filings. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 10/25/2022. (C,TA)
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Order [non-document] granting #15 Motion for appearance pro hac vice by attorney Christopher D. Barraza for Goodleap, LLC. 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. Attorney Barraza is reminded to include his state bar registration number and email address in all filings. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 10/25/2022. (C,TA)
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Filing 16
First Amended complaint against Goodleap, LLC, Jayson Waller. Filed by Mark Mondello, Tracy Mondello. (Attachments: #1 Exhibit A - Sales Agreement, #2 Exhibit B - Loan Agreement) (Roth, Stacie)
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Filing 15
Motion for attorney Christopher D. Barraza to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674361, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing of Christopher D. Barraza)(Reed, Orville)
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Filing 14
Motion for attorney John G. Schmidt, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674299, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing for John G. Schmidt, Jr.)(Reed, Orville)
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Filing 13
Motion for attorney Marc H. Goldberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674254, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing for Marc H. Goldberg)(Reed, Orville)
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Filing 12
WITHDRAWN per Order #29 . Motion for preliminary injunction filed by Mark Mondello, Tracy Mondello. (Attachments: #1 Exhibit Waller letter to employees, #2 Exhibit Waller email to customers, #3 Exhibit Pink Energy Press Release, #4 Exhibit Ohio AG Consumer Complaint, #5 Exhibit Minnesota AG Consumer Complaint, #6 Exhibit Massa email to Ohio consumers) (Roth, Stacie). Modified on 12/2/2022 to note withdrawal of document (H,SP).
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Filing 11
Motion for extension of time until November 4, 2022 to file response/reply to #4 Motion to dismiss this action as to Power Home Solar, LLC, or in the alternative, Motion to stay all proceedings and Motion to compel arbitration; Motion to dismiss all claims against Jayson Waller filed by Mark Mondello, Tracy Mondello. Related document(s) #4 . (Roth, Stacie)
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Order [non-document] granting Plaintiffs' #11 Motion for extension of time to file a response to Defendant Power Home Solar, LLC and Defendant Jayson Waller's #4 Motion to Dismiss, or in the Alternative, to Stay All Proceedings and Compel Arbitration. Response due on or before 11/4/2022. Judge David A. Ruiz on 10/18/2022. (C,TA)
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Filing 10
Notice of Filing Bankruptcy filed by Power Home Solar, LLC. (Lewis, Patrick)
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Filing 9
Corporate Disclosure Statement filed by Goodleap, LLC. (Reed, Orville)
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Filing 8
Motion to dismiss, Motion to Compel Arbitration filed by Defendant Goodleap, LLC. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Affidavit of Matt Dawson)(Reed, Orville) Modified text, added Motion to compel on 10/4/2022 (M,CE).
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Filing 7
Attorney Appearance by Orville L. Reed, III filed by on behalf of Goodleap, LLC. (Reed, Orville)
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Filing 6
Waiver of Service Returned Executed by All Plaintiffs. Power Home Solar, LLC waiver sent on 7/25/2022, answer due 9/23/2022 filed on behalf of All Plaintiffs (Roth, Stacie)
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Filing 5
Corporate Disclosure Statement filed by Power Home Solar, LLC. (Lewis, Patrick)
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Filing 4
Motion to dismiss this action as to Power Home Solar, LLC, or in the alternative, Motion to stay all proceedings and Motion to compel arbitration; and Motion to dismiss all claims against Jayson Waller filed by Power Home Solar, LLC, Jayson Waller. (Attachments: #1 Memorandum in Support)(Lewis, Patrick) Modified text, added Motion to stay, Motion to compel arbitration, Motion to dismiss Jayson Waller on 9/28/2022 (M,CE).
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Goodleap, LLC, Power Home Solar, LLC and Jayson Waller. (Attachments: #1 Magistrate Consent Form) (O,K)
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Filing 2
Supplement to Complaint - Civil Cover Sheet filed by All Plaintiffs. Related document #1 . (Steward, Sean)
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Filing 1
Complaint with jury demand for breach of contract; fraudulent misrepresentation; negligent misrepresentation; negligent hiring and training; consumer protection act; declaratory judgement; civil conspiracy; negligence; punitive damages against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11518510. Filed by Mark Mondello and Tracy Mondello. (Attachments: #1 Civil Cover Sheet, #2 Summons for Power Home Solar, LLC, #3 Summons for Goodleap, LLC, #4 Summons for Jayson Waler, #5 Exhibit A -- Sales Agreement between Plaintiffs and Defendant Power Home Solar, #6 Exhibit B -- Loan Agreement between Plaintiffs and Goodleap) (Steward, Sean- /s by Stacie Roth & Robert Tscholl) Modified text on 7/14/2022 (O,K).
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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.. (O,K)
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Judge David A. Ruiz assigned to case. (O,K)
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