Orban et al. v. K.C. Aiken, D.D.S., Inc. et al.
| Michael Orban, Tonya Beal, Donna Wise, William Wise, Stacey Kaminski, Michele Lowdermilk, Nancy Richardson, MICHELLE VON SCHWERDTNER, Jennifer Pike and John Doe |
| K.C. Aiken, D.D.S., Inc., KEVIN C. AIKEN, KEVIN C. AIKEN, TRUSTEE, LISA A. AIKEN, TRUSTEE, LMA INTERIOR DESIGN, LLC, LUKAS CALCEI, LUKAS CALCEI DDS LLC, DUN Partners, Inc., America's 401K, LLC, K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan, Noble-Davis Consulting, Inc., Definiti, Lisa A. Aiken and Aiken Family Revocable Trust Dated January 7, 2025 |
| 5:2025cv01713 |
| August 15, 2025 |
| U.S. District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on September 23, 2025. A more recent docket listing may be available from PACER.
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Filing 29
Protective Order regarding confidential documents. (Related document #28 ) Signed by Judge Dan Aaron Polster on 9/23/2025. (K,K)
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| Filing 28 Proposed Order Stipulated Protective Order filed by DUN Partners, Inc.. (Ensign, Cathryn) |
| Filing 27 Joint Motion for extension of time until November 14, 2025 to answer Plaintiff's Amended Complaint filed by Lukas Calcei, Lukas Calcei DDS LLC. Related document(s) #3 . (Rich, Jonathan) |
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Order [non-document] granting #27 Joint Motion for extension of time until November 14, 2025 to answer Plaintiff's Amended Complaint. Approved by Judge Dan Aaron Polster on 9/15/2025.(K,K)
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| Minutes of proceedings [non-document] The Court conducted a show cause hearing on September 9, 2025. Plaintiffs Tanya Beal, Jennifer Pike, Stacey Kaminski, Michelle Lowdermilk and Nancy Richardson attended and were represented by Attorneys Natalie Grubb and Mark Owens. Plaintiffs Donna and William Wise and Michael Orban participated by Zoom. Defendant Kevin Aiken attended. He and all Aiken Defendants were represented by Attorneys Mary Giganti and Bill Falin. Defendants Dun Partners, Inc. and America's 401K, LLC were represented by Attorney Cathryn Ensign. The Calcei Defendants were represented by Attorneys Michele Jakubs and Jonathan Rich. The Court discussed the parties and allegations of this case and their relation to Judge Barker's case, 22-cv-1692. The Court determined that Plaintiff Michael Orban's claims are directly related to his wifes, Terri Orban's, claims in Judge Barker's case. The Court also determined that William Wise's claims are directly related to his wife's, Donna Wise's, claims. The Court will hold its show cause ruling in abeyance at this time. The parties agreed to try to resolve the remaining seven Plaintiffs' claims (Tonya Beal, Donna Wise, Stacey Kaminski, Michele Lowdermilk, Nancy Richardson, Michelle Von Schwerdtner and Jennifer Pike) at a mediation with Judge Polster on November 5, 2025 at 9:00 a.m. With the exception of Defendant Lukas Calcie who is excused from attending, all attorneys and clients are required to attend the in-person mediation in Courtroom 18B in the Northern District of Ohio Federal Court. Positions papers must be exchanged and provided to the Court on or before 12:00 p.m. on Friday, October 31, 2025. Counsel should submit the position papers to the Court at [email protected]. On or before September 23, 2025, Defendants will provide the specific discovery requested by Plaintiffs during the hearing. Plaintiffs will evaluate the data, and their expert will complete his analysis by mid-October. The Court expects the parties to begin settlement negotiations prior to the mediation. The parties' position papers should include the latest offers and demands. If the case does not settle during the mediation on November 5, 2025, the Court will then decide whether the case should be dismissed. If the case is not settled or dismissed, all parties agreed to consent to Magistrate Judge Sheperd for further disposition of this case. (Court Reporter: Heather K. Newman.) Time: 1 hour 45 minutes. (K,K) |
| Filing 26 Joint Position Statement re Show Cause Order filed by DUN Partners, Inc., America's 401K, LLC. (Related document(s) #5 ) (Ensign, Cathryn) |
| Filing 25 Position Statement on Show Cause Order filed by Lukas Calcei, Lukas Calcei DDS LLC. (Attachments: #1 Exhibit 1 - Complaint Summit County Court) (Jakubs, Michele) |
| Filing 24 Position Statement on Court's Show Cause Order filed by Kevin C. Aiken, Lisa A. Aiken, Aiken Family Revocable Trust Dated January 7, 2025, Kevin C. Aiken, Trustee, Lisa A. Aiken, Trustee, K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan, K.C. Aiken, D.D.S., Inc., LMA Interior Design, LLC. (Attachments: #1 Exhibit Position Statement - Exhibit A). (Related document(s) #5 ) (Falin, William) |
| Filing 23 Motion to attend remotely (individual plaintiffs) by telephone filed by Tonya Beal, John Doe, John Doe, Stacey Kaminski, Michele Lowdermilk, Michael Orban, Jennifer Pike, Nancy Richardson, Michelle Von Schwerdtner, Donna Wise, William Wise. Related document(s) #5 . (Owens, Mark) |
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Order [non-document] The Court has reviewed Plaintiffs' #23 motion to attend remotely and finds that it is not well taken. The Court scheduled the show cause hearing in this case on August 20th. Rather than requesting that the hearing be rescheduled, Plaintiffs' counsel waited more than two weeks to request that Plaintiffs not be required to attend. Plaintiffs initiated this case and should be prepared to appear before the Court as scheduled. If Plaintiffs are unable to attend in person for reasons such as illness or disability, Plaintiffs' counsel must provide more explanation as to their inability to attend. Otherwise, all Plaintiffs will be required to attend the September 9th hearing in person, as originally ordered. Entered on behalf of Judge Dan Aaron Polster on 9/5/2025.(K,K)
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| Filing 22 Attorney Appearance by Cathryn R. Ensign filed on behalf of America's 401K, LLC. Related document(s) #5 (Ensign, Cathryn) |
| Filing 21 Attorney Appearance by Cathryn R. Ensign filed on behalf of DUN Partners, Inc.. Related document(s) #5 (Ensign, Cathryn) |
| Filing 20 Corporate Disclosure Statement filed by Lukas Calcei DDS LLC. (Jakubs, Michele) |
| Filing 19 Attorney Appearance by Michele L. Jakubs and Jonathan A. Rich filed on behalf of Lukas Calcei, Lukas Calcei DDS LLC. (Jakubs, Michele) |
| Filing 18 Attorney Appearance by Mary J. Giganti filed by on behalf of Kevin C. Aiken, Lisa A. Aiken, Aiken Family Revocable Trust Dated January 7, 2025, Kevin C. Aiken, Trustee, Lisa A. Aiken, Trustee, K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan, K.C. Aiken, D.D.S., Inc., LMA Interior Design, LLC. (Giganti, Mary) |
| Filing 17 Attorney Appearance by William H. Falin filed by on behalf of Kevin C. Aiken, Lisa A. Aiken, Aiken Family Revocable Trust Dated January 7, 2025, Kevin C. Aiken, Trustee, Lisa A. Aiken, Trustee, K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan, K.C. Aiken, D.D.S., Inc., LMA Interior Design, LLC. (Falin, William) |
| Filing 16 Brief (Bench) for Show Cause Hearing filed by All Plaintiffs. Related document(s) #5 . (Attachments: #1 Exhibit A- Other ERISA First Amended Complaint, #2 Exhibit B- proposed Other ERISA Second Amended Complaint, #3 Exhibit C- State Case Complaint, #4 Exhibit D- State Case First Amended Complaint, #5 Exhibit E-Judge Barker 9/23/2024 Memo Opinion and Order, #6 Exhibit F- Judge Barker 3/31/2025 Memo Opinion and Order, #7 Exhibit F- Aiken Offer of Judgment) (Owens, Mark) |
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Order [non-document] On or before 12:00 p.m. on Friday September 5, 2025, Plaintiffs' counsel is required to file a brief explaining the legal basis on which they believe this case may proceed in addition to the cases filed in both Judge Barker's court and state court. Entered on behalf of Judge Dan Aaron Polster on 9/3/2025. (K,K)
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| Filing 15 Return of Service by certified mail executed upon Lukas Calcei DDS LLC on 8/25/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 14 Return of Service by certified mail executed upon Lisa A. Aiken, Trustee on 8/23/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 13 Return of Service by certified mail executed upon Lisa A. Aiken on 8/22/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 12 Return of Service by certified mail executed upon Kevin C. Aiken, D.D.S., Inc., filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 11 Return of Service by certified mail executed upon Kevin C. Aiken on 8/22/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 10 Return of Service by certified mail executed upon Lukas Calcei on 8/25/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 9 Return of Service by certified mail executed upon LMA Interior Design, LLC on 8/22/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 8 Return of Service by certified mail executed upon K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan on 8/23/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 7 Return of Service by certified mail executed upon Kevin C. Aiken, Trustee on 8/22/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
| Filing 6 Return of Service by certified mail executed upon Aiken Family Revocable Trust Dated January 7, 2025 on 8/22/2025, filed on behalf of All Plaintiffs (Related document(s) #4 ). (Attachments: #1 Exhibit A- Returned Receipt) (Grubb, Natalie) |
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Filing 5
Order to Show Cause. Because Plaintiffs' counsel appears to have disregarded Judge Barker's order and improperly re-filed claims she told them they could not bring, the Court orders Plaintiffs to show cause why this case should not be dismissed. If the case is not quickly dismissed, Plaintiffs and Plaintiffs' counsel must appear in the Northern District of Ohio Court, 801 W. Superior Ave., Cleveland Ohio, Courtroom 18B, on Tuesday, September 9, 2025 at 9:15 a.m. to show cause why their case should not be dismissed. Please note that the Court will also consider issuing sanctions for what appears to be an improper effort to evade the order denying amendment in the 2022 case. Any defendant and/or their counsel who wishes to be heard, should file notice by noon on September 5, 2025 and appear at the hearing on September 9, 2025. Signed by Judge Dan Aaron Polster on 8/20/2025. (K,K)
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| Filing 4 Original Summons issued to counsel for service upon Kevin C. Aiken, Lisa A. Aiken, Aiken Family Revocable Trust Dated January 7, 2025, Kevin C. Aiken, Trustee, Lisa A. Aiken, Trustee, America's 401K, LLC, DUN Partners, Inc., K.C. Aiken D.D.S., Inc. 401(k) Profit Sharing Plan, K.C. Aiken, D.D.S., Inc., LMA Interior Design, LLC, and Lukas Calcei DDS LLC. (Related document #3 ) (K,K) |
| Filing 3 First Amended complaint against All Defendants. Filed by Michael Orban. (Attachments: #1 Summons Aiken DDS, #2 Summons Aiken Family Trust, #3 Summons Aiken Trustee, #4 Summons Calcei DDS, #5 Summons Luke Calcei, #6 Summons Definiti, #7 Summons DUN and Noble Davis, #8 Summons Kevin Aiken, #9 Summons Lisa Aiken, #10 Summons Lisa Aiken Trustee, #11 Summons LMA, #12 Summons Profit Sharing Plan) (Owens, Mark) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Kevin C. Aiken, Lisa A. Aiken, Aiken Family Revocable Trust Dated January 7, 2025, Kevin C. Aiken, Trustee, Lisa A. Aiken, Trustee, America's 401K, LLC, Lukas Calcei, DUN Partners, Inc., K.C. Aiken, D.D.S., Inc., LMA Interior Design, LLC. (Attachments: #1 Magistrate Consent Form). (H,Ch) |
| Judge Dan Aaron Polster assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Reuben J. Sheperd. (H,Ch) |
| Filing 1 Complaint (Violations of ERISA, Breach of Fiduciary Duties; Fraudulent Transfers; Successor Liability) against all defendants. Filing fee paid $ 405, Receipt number AOHNDC-13245344. Filed by Michael Orban. (Attachments: #1 Civil Cover Sheet, #2 Summons Aiken Family Trust, #3 Summons Dr. Calcei, #4 Summons Definiti, #5 Summons Dr. Aiken, #6 Summons Dun and Noble Davis, #7 Summons KC Aiken, #8 Summons Kevin C Aiken, Trustee, #9 Summons Lisa Aiken, #10 Summons Lisa Aiken Trustee, #11 Summons LMA) (Owens, Mark) |
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