McConville et al v. Power Home Solar, LLC et al
| Sean McConville and Sara McConville |
| Goodleap, LLC, Power Home Solar, LLC doing business as Pink Energy, Loanpal, LLC, Jayson Waller and Trivest Partners, L.P. |
| 5:2022cv01277 |
| July 19, 2022 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Dan Aaron Polster |
| David A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Case transferred from Ohio Northern has been opened in Eastern District of Michigan as case 2:23-cv-11749, filed 07/21/2023. (S,HR)
|
|
Filing 52
Opinion and Order For the reasons stated in the Order, the Court finds that Trivest failed to satisfy the first-to-file rule factors. The Court sua sponte transfers this case under 28 U.S.C. 1404(a) to the Eastern District of Michigan in the interest of avoiding duplicative, piecemeal, and parallel litigation in different districts, conserving judicial resources, and protecting against inconsistent rulings on similar issues. Accordingly, the Court denies Trivest's motion to dismiss (ECF Doc. #43 ) and transfers this case to the Eastern District of Michigan, where the related class action suit is pending. The Court dismissed without prejudice the defendants' remaining motions to dismiss (ECF Docs. #31 , #32 ) and the plaintiffs' motion for limited discovery (ECF Doc. #34 ). Signed by Judge Dan Aaron Polster on 7/20/2023. (K,K)
|
|
Case electronically transferred to the Eastern District of Michigan. Related document(s) #52 . (K,K)
|
|
Filing 51
to this Court's June 16, 2023, Show Cause Order filed by Jayson Waller. Related document(s) #48 . (Lewis, Patrick)
|
|
Filing 50
Reply to Court's June 16, 2023 Order on the First-to-File Rule filed by Trivest Partners, L.P.. Related document(s) #46 . (Covey, Trevor)
|
|
Filing 49
Reply in support of #43 Motion to dismiss First Amended Complaint filed by Trivest Partners, L.P.. (Covey, Trevor)
|
|
Filing 48
Response to this Court's June 16, 2023 Order on the First to File Rule filed by All Plaintiffs. Related document(s) #46 . (Attachments: #1 Affidavit Exhibit A (Affidavit of Sara McConville), #2 Affidavit Exhibit B (Affidavit of Sean McConville)) (Roth, Stacie - s/signature by Andrew R. Burton and Robert J. Tscholl)
|
|
Filing 47
Memorandum in Opposition to #43 Motion to dismiss First Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A - Affidavit of Sara McConville, #2 Exhibit B - Affidavit of Sean McConville (Roth, Stacie)
|
|
Filing 46
Order. The Plaintiffs have 14 days from the date of this order to file a response and explain why the Court should not apply the first-to-file rule and dismiss this case without prejudice. The Plaintiffs' response is due by 12:00 pm on 6/30/2023. Defendants' reply is due by 12:00 pm on 7/11/2023. Signed by Judge Dan Aaron Polster on 6/16/2023. Related document #43 . (M,CE)
|
|
Filing 45
Order of Recusal pursuant to 28:455. The case is returned to the Clerk of Court for reassignment. Judge John R. Adams on 6/15/23. (S,T)
|
|
Judge Dan Aaron Polster assigned to case. Judge John R. Adams terminated. (S,He)
|
|
Filing 44
Order of Recusal. This case is returned to the Clerk for reassignment to another District Judge. Judge David A. Ruiz on 6/7/2023. (G,CA)
|
|
Judge John R. Adams assigned to case. Judge David A. Ruiz terminated. (F,AW)
|
|
Filing 43
Motion to dismiss First Amended Complaint with Memorandum of Law in Support filed by Defendant Trivest Partners, L.P.. (Related document(s) #30 ). (Attachments: #1 Exhibit 1 - Inc.com Article) (Covey, Trevor)
|
|
IMPORTANT: Notice [non-document] of cancellation of case management conference set for 5/10/2023 at 11:00 AM before Judge David A. Ruiz. Related document(s) #42 (G,CA)
|
|
Filing 42
Order Staying Case. The Court stays the proceedings in the above-captioned matter pending the Court's ruling on the following pending motions: Defendant Goodleap, LLC's #31 Motion to Dismiss and Compel Arbitration and Plaintiffs' #34 Motion to Conduct Limited Discovery. Amendments to the pleadings are also stayed until the Court has ruled on the aforementioned pending motions. Judge David A. Ruiz on 4/5/2023. (C,TA)
|
|
Filing 41
Case Management Conference Scheduling Order with case management conference to be held on 5/10/2023 at 11:00 AM 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 3/14/2023. (Attachments: #1 Report of the Parties Planning Meeting) (C,TA)
|
|
Filing 40
Reply in support of #32 Motion to dismiss for failure to state a claim Plaintiffs' amended complaint. filed by Jayson Waller. (Lewis, Patrick)
|
|
Filing 39
Memorandum of law in further support of #31 Motion to dismiss Amended Complaint and Compel Arbitration filed by Goodleap, LLC. (Barraza, Christopher)
|
|
Filing 38
Reply in support of #34 Motion to Conduct Limited Discovery filed by All Plaintiffs. (Roth, Stacie)
|
|
Filing 37
Opposition to #32 Motion to dismiss for failure to state a claim Plaintiffs' amended complaint. filed by All Plaintiffs. (Roth, Stacie)
|
|
Filing 36
Opposition to #34 Motion to Conduct Limited Discovery filed by Goodleap, LLC. (Attachments: #1 Affidavit of Matt Dawson in Support of Opposition to Motion to Conduct Limited Discovery)(Goldberg, Marc)
|
|
Filing 35
Opposition to #31 Motion to dismiss Amended Complaint and Compel Arbitration filed by All Plaintiffs. (Attachments: #1 Exhibit A (Affidavit of Sara McConville), #2 Exhibit B (Loan Agreement))(Roth, Stacie)
|
|
Filing 34
Motion to Conduct Limited Discovery filed by Sara McConville, Sean McConville. (Attachments: #1 Memorandum In Support, #2 Exhibit A (Affidavit of Sara McConville), #3 Exhibit B (Affidavit of Stacie Roth)(Roth, Stacie) Modified text on 2/1/2023 (M,CE).
|
|
Filing 33
Original Summons issued to counsel for service upon Trivest Partners, L.P.. (H,SP)
|
|
Filing 32
Motion to dismiss for failure to state a claim Plaintiffs' amended complaint. filed by Defendant Jayson Waller. Related document(s) #30 . (Attachments: #1 Brief in Support)(Lewis, Patrick)
|
|
Filing 31
Motion to dismiss Amended Complaint and Compel Arbitration filed by Defendant Goodleap, LLC. Related document(s) #30 . (Attachments: #1 Brief in Support, #2 Affidavit of Matt Dawson)(Goldberg, Marc)
|
|
Order [non-document] denying as moot and without prejudice Defendant Goodleap, LLC's #6 Motion to Dismiss and Compel Arbitration, Plaintiffs' #18 Motion to Conduct Limited Discovery, and Defendant Jayson Waller's #22 Motion to Dismiss, based upon the filing of Plaintiffs' #30 Amended Complaint. Defendants shall move, answer, or otherwise respond to the Amended Complaint within the timeframe provided by the Federal Rules of Civil Procedure. Any subsequent filings by any party may not adopt or incorporate prior filings by reference, but must present the party's entire position and arguments in the new filing. Judge David A. Ruiz on 1/13/2023. (C,TA)
|
|
Filing 30
First Amended complaint Breach of Contract; Fraudulent Misrepresentation; Negligent Misrepresentation; Fraud in the Inducement/Execution; Negligent Hiring & Training; Consumer Protection Act; Declaratory Judgment; Civil Conspiracy; Negligence; Punitive Damages against All Defendants, and adding new party defendant(s) Trivest Partners, L.P.. Filed by Sean McConville, Sara McConville. (Attachments: #1 Exhibit A (Sales Agreement), #2 Exhibit B (Loan Agreement), #3 Summons) (Roth, Stacie)
|
|
Order [non-document] granting in part Plaintiffs' #28 Motion for Leave to Amend their Complaint. Plaintiffs' Motion, however, attached a complaint captioned for another court, so Plaintiffs shall file the correct complaint on or before 1/4/2023. Any subsequent filings by any party may not adopt or incorporate prior filings by reference, but must present the party's entire position and arguments in the new filing. Upon filing of the amended complaint, Defendants shall move, answer, or otherwise respond to the amended complaint within the timeframe provided by the Federal Rules of Civil Procedure. Judge David A. Ruiz on 12/28/2022. (C,TA)
|
|
Filing 29
Notice of Consent to Plaintiffs' Motion for Extension of Time to File Response to Defendant's Motion to Dismiss filed by Jayson Waller. (Lewis, Patrick)
|
|
Filing 28
Motion to amend complaint filed by Sara McConville, Sean McConville. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit A - Sales Agreement, #3 Exhibit B - Loan Agreement) (Roth, Stacie)
|
|
Order [non-document] denying Defendant Goodleap, LLC's #27 Motion for status conference. Judge David A. Ruiz on 12/21/15.(S,HR)
|
|
Order [non-document] striking without prejudice Plaintiffs' #26 Amended Complaint. Federal Rule of Civil Procedure 15(a)(1) provides that a party may amend its pleading once as a matter of course within "(A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." According to the Committee Notes on this Rule, "[i]f a responsive pleading is served after one of the designated motions is served,... there is no new 21-day period." Plaintiffs' Amended Complaint has been filed outside of the 21-day period following the filing of Defendant Goodleap, LLC's #6 Motion to Dismiss and Compel Arbitration on 10/3/2022. In order to amend their Complaint, Plaintiffs must obtain written consent of the opposing parties or the Court's leave, which Plaintiffs have not done. Fed. R. Civ. P. 15(a)(2). Judge David A. Ruiz on 12/21/2022.(S,HR)
|
|
Filing 27
Motion for conference/hearing Letter Motion Requesting Status Conference filed by Defendant Goodleap, LLC. (Goldberg, Marc)
|
|
Filing 26
STRICKEN per Non-Document Order on 12/21/22. First Amended complaint against All Defendants nd adding new party defendant(s) Trivest Partners, L.P.. Filed by Sean McConville. (Attachments: #1 Exhibit A (Sales Agreement, #2 Exhibit B (Loan Agreement), #3 Summons Proposed Summons) (Roth, Stacie). Modified to strike on 12/21/2022 (S,HR).
|
|
Filing 25
Order Staying Case. Due to Defendant Power Home Solar, LLC's bankruptcy proceeding, the instant matter is stayed as to Defendant Power Home Solar, LLC, effective 10/7/2022. Judge David A. Ruiz on 12/14/2022. Related documents: #15 , #16 (C,TA)
|
|
Filing 24
Reply in support of #18 Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue are Enforceable filed by All Plaintiffs. (Roth, Stacie)
|
|
Filing 23
Opposition to #18 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)
|
|
Filing 22
Motion to dismiss for failure to state a claim filed by Defendant Jayson Waller. Related document(s) #1 . (Attachments: #1 Brief in Support)(Lewis, Patrick)
|
|
Filing 21
Order granting Defendant Jayson Waller's #16 Motion for extension of time to respond to Plaintiffs' Complaint. Defendant Waller shall answer or respond to Plaintiffs' #1 Complaint on or before 11/23/2022. Judge David A. Ruiz on 11/22/2022. (C,TA)
|
|
Filing 20
Marginal Entry Stipulation & Order approving #19 Stipulation Regarding Withdrawal of Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' #8 Motion for Preliminary Injunction is withdrawn. Judge David A. Ruiz on 11/21/2022. (C,TA)
|
|
Filing 19
Stipulated Motion to withdraw document #8 Motion for Preliminary Injunction filed by Defendant Goodleap, LLC. (Related document(s) #8 ) (Goldberg, Marc)
|
|
Filing 18
Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue are Enforceable filed by Sara McConville, Sean McConville. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Affidavit of Stacie L. Roth) (Roth, Stacie)
|
|
Filing 17
Reply in support of #6 Motion to dismiss, and Motion to Compel Arbritration filed by Goodleap, LLC. (Goldberg, Marc)
|
|
Filing 16
Motion for extension of time until 11/23/2022 to answer Complaint filed by Defendant Jayson Waller. Related document(s) #1 . (Attachments: #1 Exhibit A - Evidence of Power Home Solar Bankruptcy)(Lewis, Patrick)
|
|
Filing 15
Order. In Mondello v. Power Home Solar, LLC, No. 5:22-cv-01238, defendant Power Home Solar, LLC filed a Notice of Bankruptcy, and the Court stayed the proceedings as to defendant Power Home Solar, LLC. Dkts. 10, 23, Mondello, No. 5:22-cv-01238. Because the same defendant appears in the instant matter, Defendant Power Home Solar, LLC shall also file a Notice of Bankruptcy on this docket on or before 11/28/2022. Judge David A. Ruiz on 11/14/2022. (C,TA)
|
|
Filing 14
Notice of Substitution of Counsel removing attorney Sean Steward and adding attorney Andrew R. Burton filed by on behalf of All Plaintiffs. (Burton, Andrew)
|
|
Order [non-document] granting the parties' #13 Joint Motion for extension of time for Defendant Goodleap, LLC to respond to Plaintiff's #8 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)
|
|
Filing 13
Stipulated Motion for extension of time until 11/23/2022 to file response/reply to #8 Motion for preliminary injunction filed by Defendant Goodleap, LLC. Related document(s) #8 . (Goldberg, Marc)
|
|
Filing 12
Response to #6 Motion to dismiss, and Motion to Compel Arbitration filed by All Plaintiffs. (Attachments: #1 Exhibit A -- Affidavit of Sara McConville, #2 Exhibit B -- Goodleap Loan Agreement) (Roth, Stacie)
|
|
Order [non-document] granting #10 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)
|
|
Order [non-document] granting #9 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)
|
|
Order [non-document] granting #11 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)
|
|
Filing 11
Motion for attorney Christopher D. Barraza to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674409, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing of Christopher D. Barraza)(Reed, Orville)
|
|
Filing 10
Motion for attorney John G. Schmidt, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674396, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing for John G. Schmidt, Jr.)(Reed, Orville)
|
|
Filing 9
Motion for attorney Marc H. Goldberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11674377, filed by Defendant Goodleap, LLC. (Attachments: #1 Appendix Certificate of Good Standing for Marc H. Goldberg)(Reed, Orville)
|
|
Filing 8
WITHDRAWN per Marginal Order of 11/21/22 #20 . Motion for preliminary injunction with memorandum in support filed by Sara McConville, Sean McConville. (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 11/23/2022 to mark withdrawn (H,SP).
|
|
Filing 7
Corporate Disclosure Statement filed by Goodleap, LLC. (Reed, Orville)
|
|
Filing 6
Motion to dismiss, and Motion to Compel Arbitration filed by Defendant Goodleap, LLC. (Related document(s) #1 ). (Attachments: #1 Brief in Support, #2 Affidavit) (Reed, Orville). Added Motion for Order on 10/4/22 (R,AP).
|
|
Filing 5
Attorney Appearance by Orville L. Reed, III filed by on behalf of Goodleap, LLC. (Reed, Orville)
|
|
Filing 4
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge David A. Ruiz for all further proceedings. Judge Christopher A. Boyko on 9/20/2022. (L,Ja)
|
|
Filing 3
Waiver of Service Returned Executed by All Plaintiffs. Goodleap, LLC waiver sent on 8/5/2022, answer due 10/4/2022 filed on behalf of All Plaintiffs (Roth, Stacie)
|
|
Judge David A. Ruiz assigned to case pursuant to 9/20/2022 Order of Reassignment. Judge Christopher A. Boyko terminated. (H,Ch)
|
|
Filing 2
Original Summons and Magistrate Consent Form issued for service upon Goodleap, LLC, Power Home Solar, LLC, Jayson Waller. (Attachments: #1 Magistrate Consent Form) (M,TL)
|
|
Judge Christopher A. Boyko assigned to case. (M,TL)
|
|
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,TL)
|
|
Filing 1
Complaint: Breach of Contract; Fraudulent Misrepresentation; Negligent Misrepresentation; Negligent Hiring & Training; Consumer Protection Act; Declaratory Judgment; Civil Conspiracy; Negligence; Punitive Damages against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11527418. Plaintiff has indicated that case may be related to pending civil action 5:22-cv-01238. Filed by Sean McConville, Sara McConville. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Power Home Solar Sales Agreement, #3 Exhibit B - Goodleap Loan Agreement, #4 Summons for Power Home Solar, #5 Summons for Goodleap, #6 Summons for Jayson Waller) (Steward, Sean)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
