Coliseum Condominiums Ltd. v. FC Nashville, Inc.
| Coliseum Condominiums Ltd. |
| Faithful Companion Inc. doing business as Faithful Companion Pet Cremation Services originally named as FC Nashville, Inc. formerly known as Faithful Companion Nashville, Inc. and Faithful Companion Nashville, Inc. |
| Faithful Companion Inc. |
| Pro Design, LLC |
| 5:2024cv00131 |
| January 23, 2024 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Motion for Leave of Court to File Answer and/or Respond to Third-Party Complaint until 4/22/2024 filed by 3rd Party Defendant Pro Design, LLC. Related document(s) #16 . (Attachments: #1 Proposed Order Extension of Time to Answer Third Party Complaint)(Pelunis, Robert) |
| Filing 24 Corporate Disclosure Statement filed by Pro Design, LLC. (Pelunis, Robert) |
| Filing 23 Attorney Appearance by Robert N. Pelunis and Emily S. Kelly filed by and on behalf of Pro Design, LLC. (Pelunis, Robert) |
Order [non-document] granting 3rd Party Defendant Pro Design, LLC's #25 Motion for Leave of Court to File Answer and/or Respond to Third-Party Complaint until 4/22/2024. Judge Benita Y. Pearson on 3/22/2024. (JLG)
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| Filing 22 Reply in Support of Brief in Response to Court's Show Cause Order as to Why Case should not be Remanded filed by Faithful Companion Inc. Related document(s) #11 . (Folland, Robert) |
| Filing 21 Unopposed Motion for extension of time until March 21, 2024 to respond to Plaintiff's Untimely Reply to Faithful Companion's Response to Show Cause as to why case should not be remanded, #20 Motion to Accept Filing Instanter filed by Defendant Faithful Companion Inc. Related document(s) #20 . (Folland, Robert) |
| Filing 20 Reply to Defendants Response To Show Cause As To Why The Case Should Not Be Remanded, and Motion to Accept Filing Instanter filed by Coliseum Condominiums Ltd. Related document(s) #13 . (Whitaker, William) |
| Service by Clerk. Summons and Complaint addressed to Pro Design, LLC placed in U.S. Mail. Type of service: Certified Mail. Receipt # 9414 7266 9904 2065 4160 29. (W,Jo) |
| Filing 19 Marginal Order granting #18 Motion for Withdrawal of Counsel by Attorney David J. Dirisamer for Defendant Faithful Companion Inc. Judge Benita Y. Pearson on 3/12/2024. (JLG) |
| Filing 18 Motion for Withdrawal of Counsel by David J. Dirisamer filed by Defendant Faithful Companion Inc. (Dirisamer, David) |
| Filing 17 Third Party Summons issued to counsel for service upon Pro Design, LLC. (D,Ju) |
| Filing 16 Third party complaint against Pro Design, LLC. Filed by Faithful Companion Inc. (Attachments: #1 Exhibit 1 - Units I and J Leases, #2 Exhibit 2 - June 26, 2023 Landlord Letter, #3 Exhibit 3 - Affidavit of Stephanie John, #4 Summons) (Folland, Robert) |
| Filing 15 Jury Demand filed by Faithful Companion Inc. (Folland, Robert) |
| Filing 14 Answer and Counterclaims to First Amended Complaint (Related Doc #1 ) filed by Faithful Companion Inc. (Attachments: #1 Exhibit Lease, #2 Exhibit May 11, 2023 Letter, #3 Exhibit June 26, 2023 Letter, #4 Exhibit Rent Payments Spreadsheet, #5 Exhibit Twinsburg Fire Department Report, #6 Exhibit Photographs, #7 Exhibit February 12, 2024 Letter)(Folland, Robert) |
| Filing 13 Brief in Response to Court's Show Cause Order As To Why Case Should Not Be Remanded filed by Faithful Companion Inc. Related document(s) #11 . (Attachments: #1 Exhibit A - Declaration of Jason Santeiu, #2 Exhibit B - Correspondence dated 2/20/2024, #3 Exhibit C - basic information) (Folland, Robert) |
| Filing 12 Manual Filing: One thumb drive containing video Exhibit 1, as referenced in Defendant's Memorandum in Opposition to Plaintiff's Motion for an Immediate Order of Possession and Restitution and/or a Temporary Restraining Order filed by Faithful Companion Inc.. Thumb drive on file in the Clerk's Office. Related document(s) #9 , #10 .(P,G) |
|
Filing 11
Order to Show Cause For the reasons set forth herein, Defendant is directed to show cause by 2/28/2024 as to why the Court should not remand this case to the Summit County, Ohio, Court of Common Pleas. Plaintiff has until 3/6/2024 to respond, and Defendant has until 3/11/2024 to reply. Judge Benita Y. Pearson on 2/18/2024. (JLG)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Hearing on Plaintiff's Motion for Temporary Restraining Order #7 held on 2/16/2024. Present were Attorney William Whitaker, counsel for Plaintiff; and Attorneys Robert Folland and David Dirisamer, counsel for Defendant. Defendant Representative Hamid Soueidan was also present. The Court spoke to counsel about concerns regarding whether the Court has diversity jurisdiction, specifically as it relates to the amount in controversy. While Defendant has persuasively alleged diversity jurisdiction, because the Court is not yet fully satisfied that it has jurisdiction over this case, Defendant is ordered to show cause by 2/28/2024 why the Court should not remand this case to the Summit County, Ohio, Court of Common Pleas. Plaintiff has until 3/6/2024 to respond, and Defendant has until 3/11/2024 to reply. Parties are expected to maintain the status quo until the Court resolves the question of subject matter jurisdiction. No party objected to the Court's rulings. The Court encouraged the parties to use the time available to negotiate a resolution. A separate Show Cause Order will issue. (Court Reporter: Mary Uphold); Time: 1 Hour 4 Minutes. (JLG) |
| Filing 10 Notice of Manual Filing filed by Faithful Companion Inc.. Related document(s) #9 .(Folland, Robert) |
| Filing 9 Opposition to #7 Motion for an Immediate Order of Possession and Restitution and/or for a Preliminary Injunction and Motion for a Temporary Restraining Order Against the Defendant filed by Faithful Companion Inc. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Declaration of Jason Santeiu and Exhibits)(Folland, Robert) |
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Filing 8
Order On Friday, 2/16/2024, at 3:00 p.m., the Court will hear argument on whether a temporary restraining order shall issue pursuant to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #7 ). The hearing will be conducted telephonically. Counsel for Plaintiff and Defendant must be present via telephone. Plaintiff's counsel is ordered to serve this Order along with its Motion on opposing counsel. Plaintiff's counsel shall set up the conference call and contact Chambers directly at (330)-884-7435, with all participants on the line. Counsel for both parties shall share the call details with all parties expected to attend. Defendant shall serve and file a memorandum in opposition to the Motion on or before 2/16/2024 at 11:00 a.m. Judge Benita Y. Pearson on 2/15/2024. (JLG)
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| Filing 7 Motion for an Immediate Order of Possession and Restitution and/or for a Preliminary Injunction and/or Motion for a Temporary Restraining Order Against the Defendant filed by Plaintiff Coliseum Condominiums Ltd.. (Attachments: #1 Exhibit A-M: Exhibits in Support)(Whitaker, William). Added additional motion event and modified docket text (G,M). |
| Filing 6 Supplement to Notice of Removal - Civil Cover Sheet with second page attached filed by Faithful Companion Inc. Related document(s) #1 . (Folland, Robert) |
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Order [non-document] granting as requested Defendant Faithful Companion Inc.'s #5 Motion for Extension of Time until 2/29/2024 to Move or Plead in Response to Plaintiff's Amended Complaint. Judge Benita Y. Pearson on 2/6/2024. (JLG)
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| Filing 5 Motion for extension of time until 2/29/24 to move or plead in response to Coliseum Condominium's Amended Complaint filed by Defendant Faithful Companion Inc. (Folland, Robert) |
| Filing 4 Magistrate Consent Form issued. (E,CK) |
| Filing 3 Supplement to Corporate Disclosure Statement - Citizenship Disclosure Statement, filed by Faithful Companion Inc. Related document(s) #2 . (Folland, Robert) |
| Filing 2 Corporate Disclosure Statement filed by Faithful Companion Inc. (Folland, Robert) |
| Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number CV-2023-12-4993 with jury demand, Filing fee paid $ 405, receipt number AOHNDC-12369784. Filed by Faithful Companion Inc. (Attachments: #1 Exhibit 1 - Copies of all process, pleadings and orders served upon FC or otherwise filed in Civil Action, #2 Civil Cover Sheet) (Folland, Robert) |
| Judge Benita Y. Pearson assigned to case. (E,CK) |
| 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. (E,CK) |
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