Ozark Materials, LLC v. The Aero-Mark Company, LLC
| Ozark Materials, LLC |
| Aero-Mark Company, LLC |
| 5:2022cv01423 |
| August 11, 2022 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| John R Adams |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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| Minute Order [non-document] of Case Management Conference held on 9/22/2022. The telephonic case management conference is continued to 11/2/2022 at 10:00 AM. Judge John R. Adams on 9/22/2022. Time: 6 minutes (Court Reporter C. Mahnke) (O,K) |
| Filing 25 Answer to The Aero-Mark Company, LLCs Counterclaims filed by Ozark Materials, LLC. Related document(s) #23 . (Werner, Karey) |
| Filing 24 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Ozark Materials, LLC. Related document(s) #22 .(Werner, Karey) |
| Filing 23 Answer to Complaint with Jury Demand , Counterclaim against Ozark Materials, LLC filed by Aero-Mark Company, LLC. (Scanlon, Thomas) |
| Filing 22 Case Management Conference Scheduling Order with telephonic case management conference to be held on 9/22/2022 at 11:00 AM before Judge John R. Adams. Judge John R. Adams on 8/26/2022. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule 30.1, #3 Magistrate Consent Form, #4 Budget, #5 ECF Policies and Procedures)(L,J) |
| Filing 21 Marginal Entry Order granting Defendant's Motions for counsel to withdraw. Attorney Patrick C. Finnegan and Attorney William W. Watts, III withdrawn from case. (Related Doc #15 );(Related Doc #16 ). Judge John R. Adams on 8/24/22.(K,C) |
Filing 20
Order [non-document] granting Motion for appearance pro hac vice by attorney Stuart H. Memory for Ozark Materials, 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #19 ). Judge John R. Adams on 8/22/22.(K,C)
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| Filing 19 Motion for attorney Stuart H. Memory to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11576536, filed by Plaintiff Ozark Materials, LLC. (Attachments: #1 Exhibit 1: Declaration, Pursuant to 28 U.S.C. 1746, of Stuart H. Memory in Support of Motion to Admit Stuart H. Memory for Admission Pro Hac Vice)(Werner, Karey) |
| Filing 18 Attorney Appearance by Karey E. Werner filed by on behalf of Ozark Materials, LLC. (Werner, Karey) |
| Filing 17 Attorney Appearance by Marcel C. Duhamel filed by on behalf of Ozark Materials, LLC. (Duhamel, Marcel) |
| Filing 16 Motion by William W. Watts, III to withdraw as attorney filed by. (Attachments: #1 Letter)(K,L) |
| Filing 15 Motion by Patrick C. Finnegan to withdraw as attorney filed by. (Attachments: #1 Letter)(K,L) (Additional attachment(s) added on 8/19/2022: #2 Main Document. Incorrect original main document.) (K,L). |
| Filing 14 Attorney Appearance of Thomas J. Scanlon, Ann Marie Hawkins, and Robert W. Monroe by Thomas J. Scanlon filed by on behalf of Aero-Mark Company, LLC. (Scanlon, Thomas) |
| Notice to Attorney William W. Watts, III. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Stuart H. Memory. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Patrick Conor Finnegan. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 13 Magistrate Consent Form issued. (M,TL) |
| Filing 12 CASE TRANSFERRED IN from District of Alabama Middle. Case number 2:22-cv-00313. Electronic file, transfer order and docket sheet received. |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,TL) |
| Judge John R. Adams assigned to case. (M,TL) |
| Copy of #13 Magistrate Consent Form and docket sheet mailed to Patrick Conor Finnegan, Helmsing Leach Herlong Newman Rouse PC, PO Box 2767, Mobile, AL 36652; William W. Watts, III, Helmsing, Leach, Herlong, Newman & Rouse, P.C., Post Office Box 2767, Mobile, AL 36652; Stuart H Memory, The Law Offices of Memory & Day, P O Box 4054, Montgomery, AL 36103 on 08/12/2022. (M,TL) |
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Filing 11
ORDER: Before the court is Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. (Doc. #7 .) Plaintiff responded by filing a Motion to Transfer Venue. (Doc. #10 .) Plaintiff moves to transfer venue of this breach-of-contract action to the USDC for the Northern District of Ohio, where Defendant's headquarters is located: "Transferring venue to the Northern District of Ohio will obviate the Defendant's concern regarding personal jurisdiction" in Alabama. (Doc. #10 ), at 1.) Based upon careful consideration of the record, it is ORDERED that Plaintiff's Motion to Transfer Venue (Doc. #10 ) is GRANTED and this action is TRANSFERRED to the USDC for the Northern District of Ohio pursuant to 28 U.S.C. 1404(a). It is further ORDERED that Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #7 ) is DENIED as moot. The Clerk of the Court is DIRECTED to take all necessary steps to effectuate the transfer. Signed by Honorable Judge William Keith Watkins on 8/10/2022. (dmn, ) [Transferred from almd on 8/11/2022.]
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| Case transferred to USDC, Northern District of Ohio. ELECTRONICALLY transferred via CM/ECF transfer to clerk. (dmn, ) (no pdf) [Transferred from almd on 8/11/2022.] |
| MOTION to Transfer Venue to USDC, Northern District of Ohio by The Aero-Mark Company, LLC. (dmn, ) (no pdf, see Doc. #10 ) [Transferred from almd on 8/11/2022.] |
| Filing 10 RESPONSE to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction And Motion to Transfer Venue filed by Ozark Materials, LLC. (Memory, Stuart) [Transferred from almd on 8/11/2022.] |
| Filing 9 Response to #8 Briefing Order, filed by The Aero-Mark Company, LLC. (Finnegan, Patrick) Modified on 7/28/2022 to clean up text. (dmn, ) [Transferred from almd on 8/11/2022.] |
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Filing 8
BRIEFING ORDER: it is ORDERED that the #7 motion to dismiss be submitted without oral argument on 8/16/2022; further setting out other briefing requirements, as further set out in order. Signed by Honorable Judge William Keith Watkins on 7/19/2022. (bes, ) [Transferred from almd on 8/11/2022.]
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| Filing 7 MOTION to Dismiss for Lack of Personal Jurisdiction (with Brief in Support incorporated in main document pdf) by The Aero-Mark Company, LLC. (Attachments: #1 Exhibit A with Exhibits 1-4, Exhibit B, and Exhibit C)(Finnegan, Patrick) Modified on 7/19/2022 to reflect Brief in main document pdf and include more description of exhibits. (dmn, ) [Transferred from almd on 8/11/2022.] |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Thomas Scanlon on June 27, 2022, filed by Ozark Materials, LLC. (Attachments: #1 Affidavit Service - Served by private process server)(Memory, Stuart) [Transferred from almd on 8/11/2022.] |
| Filing 5 Alias Summons issued to (3) three different addresses as to The Aero-Mark Company, LLC and returned to counsel for personal service. (dmn, ) [Transferred from almd on 8/11/2022.] |
| Filing 4 Case assigned to Honorable Judge William Keith Watkins as Presiding Judge and Honorable Judge Stephen Michael Doyle as Referral Judge. (dmn, ) [Transferred from almd on 8/11/2022.] |
| Filing 3 CERTIFICATE OF NOTICE OF REMOVAL by The Aero-Mark Company, LLC re #1 Notice of Removal. (Finnegan, Patrick) Modified on 5/23/2022 to reflect actual title. (dmn, ) [Transferred from almd on 8/11/2022.] |
| Filing 2 Corporate/Conflict Disclosure Statement by The Aero-Mark Company, LLC. (Finnegan, Patrick) [Transferred from almd on 8/11/2022.] |
| Filing 1 NOTICE OF REMOVAL by The Aero-Mark Company, LLC from Circuit Court of Butler County, AL, case number CV-2022-900024. ( Filing fee $ 402.00 receipt number AALMDC-3225764) , filed by The Aero-Mark Company, LLC. (with Exhibits 1-4 included in main document pdf) (Attachments: #1 Civil Cover Sheet)(Finnegan, Patrick) Modified on 5/23/2022 to include exhibit text. (dmn, ) [Transferred from almd on 8/11/2022.] |
| COMPLAINT against The Aero-Mark Company, LLC, filed by Ozark Materials, LLC.(dmn, ) (no pdf, see Doc. #1 ) [Transferred from almd on 8/11/2022.] |
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