Compound Property Management LLC et al v. Build Realty, Inc. et al
| R&G Cincy Investments, LLC, R, Compound Property Management LLC, Leone1, LLC, R & G Cincy Investments, LLC, Pyramid Investment Group, LLC and Ratio Models, LLC |
| Gary Bailey, George Triantafilou, Stephen D. King, Cowtown Holdings, LLC, Edgar Construction, LLC, Build Realty, Inc., G2 Technologies, LLC, Build SWO, LLC, Five Mile Capital Partners, LLC, GT Financial, LLC, First Title Agency, Inc., Smith, Graham & Co. Investment Advisors, LP, Greenleaf Support Services, LLC, Cincy Construction, LLC, McGregor Holdings, LLC, Build NKY, LLC and Build Realty, Inc. doing business as Greenleaf Funding |
| Arrowhead Investments LLC, MHC LLC and DP Black Investments LLC |
| 1:2019cv00133 |
| February 20, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Douglas R Cole |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 229
OPINION AND ORDER denying #225 Defendants' Motion for Stay. Signed by Judge Douglas R. Cole on 4/18/23. (sct)
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Filing 228
REPLY to Response to Motion re #225 MOTION to Stay Pending Rule 23(f) Appeal filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit A - Tarney Declaration) (Walton, Victor)
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Filing 227
AFFIDAVIT in Opposition re #225 MOTION to Stay Pending Rule 23(f) Appeal Corrected text-searchable version of 226-1 filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Markovits, Wilbert) Modified, Re-Filed Exhibits to make text searchable on 3/20/2023 (md).
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Filing 226
RESPONSE in Opposition re #225 MOTION to Stay Pending Rule 23(f) Appeal filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Attachments: #1 Exhibit A: Declaration of Christopher P. Finney, Esq.) (Markovits, Wilbert)
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Filing 225
MOTION to Stay Pending Rule 23(f) Appeal by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit A - Triantafilou Declaration, #2 Exhibit B - Orner Declaration) (Walton, Victor)
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Filing 224
NOTICE of Substitution of Counsel - J. Brady Hagan substituting for Joseph Merical as to Defendant First Title Agency, Inc.. (Hagan, J.)
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Filing 223
OPINION AND ORDER granting in part and denying in part #155 Plaintiffs' Motion to Certify Class. Specifically, the Court grants certification with respect to Plaintiffs' civil RICO claim (part of Count I) and breach of fiduciary duties claim (Count II), but denies certification with respect to Plaintiffs' Ohio Corrupt Practices Act (part of Count I), civil conspiracy (Count III), and unjust enrichment (Count IV) claims. The Court appoints Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC, Pyramid Investment Group, LLC, and Ratio Models, LLC as class representatives for the class, and appoints Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC, and Ratio Models, LLC as class representatives for the subclass. The Court appoints the Finney Law Firm, LLC, and Markovits, Stock & DeMarco, LLC as class counsel. The Court orders counsel for the parties to meet and confer and submit a proposed agreed class notice to this Court within fourteen (14) days of this Opinion's issuance. Finally, the Court finds Plaintiffs lack standing to pursue their declaratory relief claims and so dismisses Plaintiffs' Count V, Count VI, and Count VII without prejudice. Signed by Judge Douglas R. Cole on 2/21/23. (sct)
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Filing 222
NOTICE by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou re #183 Response in Opposition to Motion,,,, #219 Reply to Response to Motion,, of Supplemental Authority (Attachments: #1 Exhibit A) (Walton, Victor)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Discovery Conference by telephone held on 1/19/22. Chris Finney and Jessica Gibson appeared for Plaintiffs; Tyler Tarney appeared for Defendant First Title Agency, Inc.; Victor Walton appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Alex Rodger appeared for the Bailey and Build Defendants. Plaintiffs' subpoena requesting documentation from Defendant Triantafilou's accountant was discussed. Mr. Walton advised the Court that he will call the accountant and send a letter, copying Plaintiff's counsel, advising that the accountant shall provide all underlying materials that Triantafilou or the relevant entities submitted to the accountant for tax preparation purposes, but that the accountant shall not provide any actual tax return documents. The parties also discussed how discovery will proceed. In particular, the Court directed the parties, who were all in agreement, not to proceed with merits discovery at this time. (sct)
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Filing 221
[STRICKEN PER 1/5/22 NOTATION ORDER] NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Finney, Christopher)
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Filing 220
[STRICKEN PER 1/5/22 NOTATION ORDER] NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Finney, Christopher)
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NOTATION ORDER striking #220 and #221 Subpoenas to Produce Documents. SO ORDERED. Signed by Judge Douglas R. Cole on 1/5/22. (sct)
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Filing 219
REPLY to Response to Motion re #155 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel Joint Sur-Reply filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit A, #2 Exhibit B) (Walton, Victor)
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NOTATION ORDER granting #216 Defendants' Motion for Leave to File a Sur-Reply. Defendants' Sur-Reply shall be filed on or before 11/13/21. SO ORDERED. Signed by Judge Douglas R. Cole on 10/14/21. (sct)
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Filing 218
REPLY to Response to Motion re #216 MOTION for Leave to File Sur-Reply filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Walton, Victor)
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Filing 217
RESPONSE in Opposition re #216 MOTION for Leave to File Sur-Reply filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Markovits, Wilbert)
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Filing 216
MOTION for Leave to File Sur-Reply by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Walton, Victor)
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Filing 215
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Katheryn Lynn Argento (Attachments: #1 A - Purchase Contract of 3618 Barberry Avenue, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 214
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Gwendolyn Broadnax (Attachments: #1 Exhibit A - Purchase Contract for 7801 Quarter Maine Avenue, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 213
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Aguanda Brookins (Attachments: #1 Exhibit A-1 - Addendum 1 to the Purchase Contract of 1939 Elm Avenue, #2 Exhibit A-2 - Addendum 2 to the Purchase Contract of 1939 Elm Avenue, #3 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 212
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Charles Daniels (Attachments: #1 Exhibit A - Purchase Contract for 6626 Bramble Avenue, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 211
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Crystal Davis (Attachments: #1 Exhibit A - Purchase Contract of 5412 Ravenna, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 210
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Richard Hardin (Attachments: #1 Exhibit A - Purchase Contract of 5121 Leona Drive, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 209
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Jonathan A. Hofmann (Attachments: #1 Exhibit A - Purchase Contract for 3423 Algona Place, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 208
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Kevin Johnson (Attachments: #1 Exhibit A - Purchase Contract for 1837 Sunnybrook, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 207
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Fatima Jones (Attachments: #1 Exhibit A - Purchase Contract for 4344 Clifford Road, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 206
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Cleve Loveless III (Attachments: #1 Exhibit A - Purchase Contract for 4130 Mad Anthony Street, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 205
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Veronica Parada (Attachments: #1 Exhibit A - Purchase Contract of 5311 Weltner Street, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 204
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Antonnio Ranieri (Attachments: #1 Exhibit A - Purchase Contract of 6503 Crestridge Circle, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 203
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Kristen Snedeker (Attachments: #1 Exhibit A - Purchase Contract for 5455 Bosworth Place, #2 Exhibit B - Bosworth Closing Statement, #3 Exhibit C - Purchase Contract for 1764 Hanfield, #4 Exhibit D - Hanfield Closing Statement) (Markovits, Wilbert)
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Filing 202
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Malachi Terry (Attachments: #1 Exhibit A - Purchase Contract for 2030 Weyer Avenue, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 201
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Ronald Watson (Attachments: #1 Exhibit A - Purchase Contract for 3621 Erie Avenue, #2 Exhibit B - Closing Statement) (Markovits, Wilbert)
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Filing 200
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Shannon Jenkins (Markovits, Wilbert)
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Filing 199
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the the Declaration of Dante Jenkins (Markovits, Wilbert)
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Filing 198
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Brandon Busam (Markovits, Wilbert)
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Filing 197
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Spencer Campbell (Markovits, Wilbert)
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Filing 196
NOTICE: Declaration of Kevin Lewis by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, (Attachments: #1 Exhibit A - Build PSD Declaration Slides) (Markovits, Wilbert) Modified Docket Text to Match Document on 9/8/2021 (bjc).
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Filing 195
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Karen Eberle (Attachments: #1 Exhibit A - Eberle Curriculum Vitae) (Markovits, Wilbert)
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Filing 194
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing Supplement Declaration of Christopher P. Finney (Attachments: #1 Exhibit A - Joint Memo to First American Title, #2 Exhibit B - Title Company Market Share Trend Report Hamilton County, #3 Exhibit C - Title Company Market Share Trend Report Butler County, #4 Exhibit D - Title Company Market Share Trend Report Warren County, #5 Exhibit E - Title Company Market Share Trend Report Clermont County) (Markovits, Wilbert)
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Filing 193
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Laura M. Linneman (Attachments: #1 Exhibit 1 - Build Defendants Responses and Objections to Plaintiffs ROGs, RFAs, and RFPs, #2 Exhibit 2 - Defendant Gary Baileys Responses and Objections to Plaintiffs ROGs, RFAs, and RFPs, #3 Exhibit 3 - PowerPoint Presentation regarding What is a Hard Money Loan, #4 Exhibit 4 - Lending Structure Chart, #5 Exhibit 5 - Loan Package Documents, #6 Exhibit 6 - HUD Contract packet for 5498 Leumas Rd., #7 Exhibit 7 - Auction.com Earnest Money Information for 6151 Hedge Avenue, #8 Exhibit 8 - May 17, 2014, screen capture of Buildrealty.net, #9 Exhibit 9 - February 27, 2014, screen capture of Buildrealty.net, #10 Exhibit 10 - Build Realty Marketing Sign, #11 Exhibit 11 - Sell side HUD 1 from Compound Property Management closing, #12 Exhibit 12 - Excel spreadsheet of Borrowers, Loans, and Lenders sent by Defendants' counsel, #13 Exhibit 13 - Pyramid Investment Group HUD 1, #14 Exhibit 14 - Tolling calculation for Leone1, LLC, #15 Exhibit 15 - September 7, 2021 screen capture of buildohio.com.) (Markovits, Wilbert)
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Filing 192
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC re #191 Reply to Response to Motion, of Filing the Declaration of Jennings D. Kleeman (Attachments: #1 Exhibit A Sell Side closing statement of Named Plaintiff Compound Property Management, #2 Exhibit B - Sell Side closing statement of Named Plaintiff Leone1, LLC, #3 Exhibit Sell Side closing statement of Named Plaintiff R & G, #4 Exhibit D - Sell Side closing statement of Named Plaintiff Ratio Models, LLC, #5 Exhibit E - Sell Side closing statement of Named Plaintiff Pyramid Investment Group, #6 Exhibit F - R&G Data Tape, #7 Exhibit G - Purchase Contract for Compound Property Management, #8 Exhibit H - Purchase Contract for Leone1 LLC, #9 Exhibit I - Purchase Contract for R & G Investments, #10 Exhibit J - Purchase Contract for Ratio Models, LLC, #11 Exhibit K - Purchase Contract for Pyramid Investment Group, #12 Exhibit L Trust Agreement for Compound Property Management, #13 Exhibit M - Trust Agreement for Leone1, LLC, #14 Exhibit N - Trust Agreement for R & G, #15 Exhibit O - Trust Agreement for Ratio Models, LLC, #16 Exhibit P - Trust Agreement for Pyramid Investment Group, #17 Exhibit Q - Open End Mortgage for Compound Property Management, #18 Exhibit R - Open End Mortgage for Leone1, LLC, #19 Exhibit S - Open End Mortgage for R & G, #20 Exhibit T - Open End Mortgage for Ratio Models, LLC, #21 Exhibit U - Open End Mortgage for Pyramid Investment Group, #22 Exhibit V - Buy Side Closing statement for Leone1, LLC, #23 Exhibit W - Loan Packages, #24 Exhibit X - Data Tape for Compound Property Management, #25 Exhibit Z - Buy Side Closing Statement for Compound Property Management) (Markovits, Wilbert)
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Filing 191
REPLY to Response to Motion re #155 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Attachments: #1 Appendix A - Typicality Chart) (Markovits, Wilbert)
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Filing 190
NOTICE OF FILING DEPOSITION of George Triantafilou by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 189
NOTICE OF FILING DEPOSITION of Leah Storie by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 188
NOTICE OF FILING DEPOSITION of Stephen King by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 187
NOTICE OF FILING DEPOSITION of Christopher Robertson by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 186
NOTICE OF FILING DEPOSITION of Gary Bailey by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 185
NOTICE OF FILING DEPOSITION of Gary Bailey by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 184
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC of Withdrawal of Counsel - Zachary Schaengold (Markovits, Wilbert)
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Minute Entry and Notation Order: Discovery Conference held before Judge Douglas R. Cole by telephone on 7/7/21. Chris Finney and Zach Schaengold appeared for Plaintiffs; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Victor Walton and Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Alex Rodger appeared for the Bailey and Build Defendants. Issues related to outstanding discovery, communications with absent class members, and declarations of the absent class members were discussed. The Court orders that the Plaintiffs reply in support of their motion for class certification shall be extended to 9/5/21. SO ORDERED. Signed by Judge Douglas R. Cole. (sct)
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Filing 183
RESPONSE in Opposition re #155 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG) (Walton, Victor)
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Filing 182
NOTICE OF FILING DEPOSITION of Jonathan Hofmann (Day 2) by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 221, #2 Exhibit 222, #3 Exhibit 223, #4 Exhibit 224, #5 Exhibit 225 part 1, #6 Exhibit 225 part 2, #7 Exhibit 225 part 3, #8 Exhibit 225 part 4) (Merical, Joseph)
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Filing 181
NOTICE OF FILING DEPOSITION of Jonathan Hofmann (Day 1) by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 172, #2 Exhibit 173, #3 Exhibit 174, #4 Exhibit 175, #5 Exhibit 176, #6 Exhibit 177, #7 Exhibit 178, #8 Exhibit 179, #9 Exhibit 180, #10 Exhibit 181, #11 Exhibit 182, #12 Exhibit 183, #13 Exhibit 184, #14 Exhibit 185, #15 Exhibit 186, #16 Exhibit 187) (Merical, Joseph)
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Filing 180
NOTICE OF FILING DEPOSITION of Theresa L. Robinson by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28A, #29 Exhibit 28B, #30 Exhibit 29, #31 Exhibit 30A, #32 Exhibit 30B, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52) (Merical, Joseph)
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Filing 179
NOTICE OF FILING DEPOSITION of Fatima (Peeples) Jones by Defendant First Title Agency, Inc.. (Attachments: #1 188, #2 189, #3 190, #4 191, #5 192, #6 193, #7 194, #8 195, #9 196, #10 Exhibit 197, #11 Exhibit 198, #12 Exhibit 199, #13 Exhibit 200, #14 Exhibit 201, #15 Exhibit 202, #16 Exhibit 203, #17 Exhibit 204, #18 Exhibit 205, #19 Exhibit 206, #20 Exhibit 207, #21 Exhibit 208, #22 Exhibit 209) (Merical, Joseph)
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Filing 178
NOTICE OF FILING DEPOSITION of Anthony C. Jones by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 210, #2 Exhibit 220, #3 Exhibit 219, #4 Exhibit 218, #5 Exhibit 217, #6 Exhibit 216, #7 Exhibit 215, #8 Exhibit 214, #9 Exhibit 213, #10 Exhibit 212, #11 Exhibit 211) (Merical, Joseph) Modified to correct exhibits on 6/25/2021 (eh).
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Filing 177
NOTICE OF FILING DEPOSITION of Gwendolyn D. Broadnax by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 31, #2 Exhibit 53, #3 Exhibit 54, #4 Exhibit 55, #5 Exhibit 56, #6 Exhibit 57, #7 Exhibit 58, #8 Exhibit 59, #9 Exhibit 60, #10 Exhibit 61, #11 Exhibit 62, #12 Exhibit 63, #13 Exhibit 64, #14 Exhibit 65, #15 Exhibit 66, #16 Exhibit 67, #17 Exhibit 68, #18 Exhibit 69, #19 Exhibit 70, #20 Exhibit 71, #21 Exhibit 72, #22 Exhibit 73, #23 Exhibit 74, #24 Exhibit 75, #25 Exhibit 76, #26 Exhibit 77, #27 Exhibit 78, #28 Exhibit 79, #29 Exhibit 80, #30 Exhibit 81, #31 Exhibit 82, #32 Exhibit 83, #33 Exhibit 84, #34 Exhibit 85, #35 Exhibit 86, #36 Exhibit 87, #37 Exhibit 88, #38 Exhibit 89, #39 Exhibit 90, #40 Exhibit 91, #41 Exhibit 92, #42 Exhibit 94, #43 Exhibit 95, #44 Exhibit 96, #45 Exhibit 97, #46 Exhibit 99, #47 Exhibit 100) (Merical, Joseph)
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Filing 176
NOTICE OF FILING DEPOSITION of Richard Keith Hardin by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107, #8 Exhibit 108, #9 Exhibit 109, #10 Exhibit 110, #11 Exhibit 111, #12 Exhibit 112, #13 Exhibit 113, #14 Exhibit 114, #15 Exhibit 115, #16 Exhibit 1116, #17 Exhibit 117, #18 Exhibit 118, #19 Errata 119, #20 Exhibit 120, #21 Exhibit 121, #22 Exhibit 122, #23 Exhibit 123, #24 Exhibit 124, #25 Exhibit 125, #26 Exhibit 126, #27 Exhibit 127, #28 Exhibit 128, #29 Exhibit 129, #30 Exhibit 130, #31 Exhibit 131, #32 Exhibit 132, #33 Exhibit 133, #34 Exhibit 134, #35 Exhibit 135, #36 Exhibit 136, #37 Exhibit 137, #38 Exhibit 138, #39 Exhibit 139, #40 Exhibit 140, #41 Exhibit 141, #42 Errata 142, #43 Exhibit 143, #44 Exhibit 143A, #45 Exhibit 143B, #46 Exhibit 144, #47 Exhibit 145, #48 Exhibit 146, #49 Exhibit 147, #50 Exhibit 148, #51 Errata 149, #52 Exhibit 150, #53 Exhibit 151, #54 Exhibit 152, #55 Exhibit 153, #56 Exhibit 154, #57 Exhibit 155, #58 Exhibit 156, #59 Exhibit 157, #60 Errata 158, #61 Exhibit 159, #62 Exhibit 160, #63 Exhibit 161, #64 Exhibit 162, #65 Exhibit 163, #66 Exhibit 164, #67 Exhibit 165, #68 Exhibit 166) (Merical, Joseph)
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Filing 175
DEPOSITION of Brenda E. Hardin taken 3/11/2020 by Defendant First Title Agency, Inc.. (Merical, Joseph) Modified docket text on 6/25/2021 (eh).
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Filing 174
DEPOSITION of Ronnie Broadnax taken 3/3/2021 by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit 56, #2 Exhibit 63, #3 Exhibit 64, #4 Exhibit 65, #5 Exhibit 66) (Merical, Joseph) Modified docket text on 6/25/2021 (eh).
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NOTATION ORDER granting #172 Attorney Steven P. Goodin's Motion to Withdraw as Counsel for Sean Cole and Mark Arbino. SO ORDERED. Signed by Judge Douglas R. Cole on 6/23/21. (sct)
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Filing 172
MOTION by Steven P. Goodin to Withdraw as Attorney for Sean Cole and Mark Arbino. (Goodin, Steven) Modified docket text on 6/22/2021 (sct).
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Filing 173
Letter from Russell R. Rosler re No longer statutory agent for Compound Realty Management LLC. (Attachments: #1 Subpoena, #2 Envelope) (er)
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Filing 171
ORDER granting #169 Plaintiffs' MOTION for Order to Show Cause. Arbino and Cole shall have until 6/18/21 to (1) produce all materials responsive to the requests in Plaintiffs' subpoenas, and (2) show good cause as to why the Court should not hold Arbino and Cole in contempt under Federal Rule of Civil Procedure 45 for failing to fully comply in a timely manner with the production requests in Plaintiffs' subpoenas. Signed by Judge Douglas R. Cole on 6/4/21. (sct)
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Filing 170
NOTICE by Defendant First Title Agency, Inc. Notice of Videotaped Continuation Deposition of Johnathan Hofmann (Tarney, Tyler)
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Filing 169
MOTION for Order to Show Cause As To Why Sean Cole and Mark Arbino Should Not Be Held In Contempt by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Finney, Christopher)
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Filing 168
ORDER modifying #103 Order Regarding Contact with Putative Class Members. Signed by Judge Douglas R. Cole on 4/14/21. (sct)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 4/12/21. Chris Finney and Zach Schaengold appeared for Plaintiffs; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Jason Palmer appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Alex Rodger appeared for the Bailey and Build Defendants. The parties discussed issues related to the deposition to be held on 4/13/21 and who should be allowed to attend in person. The parties had agreed to allow the deponent, one attorney for the plaintiffs, and one attorney for the defendants to be present in the deposition room, but disagreed over whether the court reporter and videographer would appear in person, as well. The Court instructed that the videographer shall be present in the room only to set up the equipment, change tapes or recording media, deal with any technical issues, and remove the equipment at conclusion, but that the court reporter would be present in the room while the deposition is occurring. The defendant shall seek to procure N-95 masks for the court report and videographer to use during the deposition. (sct)
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Filing 167
NOTICE by Defendant First Title Agency, Inc. Amended Notice of Videotaped Deposition of Jonathan Hofmann (Tarney, Tyler)
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Filing 166
NOTICE by Defendant First Title Agency, Inc. Amendd Notice of Videotaped Deposition of Fatima Peeples (Tarney, Tyler)
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Filing 165
NOTICE by Defendant First Title Agency, Inc. Amended Notice of Videotaped Deposition of Anthony Jones (Tarney, Tyler)
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Filing 164
NOTICE by Defendant First Title Agency, Inc. of Withdrawal of Attorney Carrie Thiem (Tarney, Tyler)
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NOTATION ORDER: Upon agreement of the parties and for good cause shown, the Court modifies the deadlines for the briefing on #155 Plaintiffs' MOTION for Class Certification. Defendants' Response due by 7/1/21, Plaintiffs' Reply due by 7/22/21. SO ORDERED. Signed by Judge Douglas R. Cole on 4/2/21. (sct)
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Filing 163
Proposed Agreed Order Modifying Briefing Schedule for Plaintiff's Motion for Class Certification. (Merical, Joseph) Modified docket text on 3/30/2021 (sct).
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NOTATION ORDER: The Court has reviewed the parties' respective submissions regarding defense counsel's communications with putative class members regarding factual issues relating to class certification. The Court concludes that Defendants shall be permitted to communicate with putative class members on that topic. In addition, the Court finds that Defendants have no obligation to (1) arrange for Plaintiffs' counsel to be present during Defendants' communications with putative class members, or (2) record their communications with putative class members for the purpose of providing those recordings to Plaintiffs. At the same time, Defendants and their counsel shall neither provide putative class members with false or misleading commentary on the merits or procedural posture of the case, nor denigrate Plaintiffs' counsel, nor otherwise make any false representations. In an effort to achieve this outcome, the Court requires defense counsel to provide an admonition to any putative class member at the outset of the communication with that person. The parties are instructed to confer regarding that admonition to assess whether they can produce mutually agreeable language by April 5, 2021. If not, they are directed to contact chambers to arrange a time to discuss the matter with the Court. Moreover, as the communications contemplated above would be inconsistent with some of the language in the December 6, 2019 Order in this matter, the Court instructs Defendants to prepare a draft Order amending that previous Order, consistent with the guidance set forth above. SO ORDERED. Signed by Judge Douglas R. Cole on 3/29/21. (sct)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Discovery Conference by telephone held on 3/22/21. Zach Schaengold and Bill Markovits appeared for Plaintiffs; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Victor Walton and Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Alex Rodger appeared for the Bailey and Build Defendants. The Court heard arguments by the parties related to whether Defendants can communicate with absent putative class members. The parties shall submit case law supporting their positions to chambers and opposing counsel before the end of the day. The Court shall review the parties submissions and issue an order. The parties also discussed defendants' response to the motion for class certification deadline being set for 7/1/21. The Court advised the parties to coordinate and submit a proposed order to chambers. (sct)
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Filing 162
NOTICE to Take Deposition of Jonathan Hoffman by Defendant First Title Agency, Inc.. (Tarney, Tyler)
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Filing 161
NOTICE to Take Deposition of Anthony Jones by Defendant First Title Agency, Inc.. (Tarney, Tyler)
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Filing 160
NOTICE to Take Deposition of Fatima Peeples by Defendant First Title Agency, Inc.. (Tarney, Tyler)
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Filing 159
ORDER granting #158 Plaintiffs' Unopposed Motion to Sever and Dismiss Defendant Stephen D. King. The Court thus SEVERS the claims against Defendant King, but only to the extent they are alleged against Defendant King, and then dismisses the severed counts. Plaintiffs do not indicate whether they seek dismissal with or without prejudice. Under Rule 21, the presumption is the former. Here, though, given the Plaintiffs' representation that there is no dispute that Mr. King is deceased, the Court presumes that they intend the latter. Accordingly, the end result of the severing and dismissal is that Defendant Stephen D. King is DISMISSED WITH PREJUDICE from this action. All claims shall proceed against the remaining Defendants in this action, consistent with the Court's previous Orders. Signed by Judge Douglas R. Cole on 2/19/21. (sct)
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Filing 158
Unopposed MOTION to Dismiss AND SEVER DECLARATORY JUDGMENT CLAIMS AGAINST STEPHEN D. KING by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Attachments: #1 Text of Proposed Order GRANTING PLAINTIFFS UNOPPOSED MOTION TO SEVER AND DISMISS STEPHEN D. KING) (Markovits, Wilbert). Added MOTION to Sever on 2/19/2021 (kl).
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Filing 157
ORDER granting #156 Plaintiffs' Unopposed Motion To Sever and Dismiss Declaratory Judgment Claims Against Five Mile Capital Partners LLC and Smith, Graham & Co. Investment Advisors, L.P. The Court thus SEVERS the three counts, but only to the extent those counts are alleged against Defendants Five Mile Capital Partners, LLC ("Five Mile") and Smith, Graham & Co. Investment Advisors, L.P. ("Smith Graham"), and then dismisses the severed counts without prejudice. The end result is that Defendants Five Mile and Smith Graham are hereby DISMISSED WITHOUT PREJUDICE from this action. All claims (including Counts V, VI, and VII) shall proceed against the remaining Defendants in this action, consistent with the Court's previous Orders. Signed by Judge Douglas R. Cole on 2/17/21. (sct)
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Filing 156
Unopposed MOTION to Dismiss AND SEVER DECLARATORY JUDGMENT CLAIMS AGAINST FIVE MILE CAPITAL PARTNERS LLC AND SMITH, GRAHAM & CO. INVESTMENT ADVISORS, L.P. by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Attachments: #1 Text of Proposed Order GRANTING PLAINTIFFS UNOPPOSED MOTION TO SEVER AND DISMISS DECLARATORY JUDGMENT CLAIMS AGAINST FIVE MILE CAPITAL PARTNERS LLC AND SMITH, GRAHAM & CO. INVESTMENT ADVISORS, L.P.) (Markovits, Wilbert). Added MOTION to Sever on 2/17/2021 (eh).
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Filing 155
MOTION to Certify Class and Appointment of Class Representatives and Class Counsel by Plaintiffs Compound Property Management LLC, Leone1, LLC, Pyramid Investment Group, LLC, R&G Cincy Investments, LLC, Ratio Models, LLC. (Attachments: #1 Memorandum In Support, #2 Declaration of Christopher P. Finney, #3 Declaration of W.B. Markovits, #4 Text of Proposed Order) (Markovits, Wilbert). Added MOTION to Appoint Counsel on 7/2/2021 (kh).
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Minute Entry and Notation Order: Telephone Status Conference held on 2/2/21 before Judge Douglas R. Cole. Chris Finney, Zach Schaengold, and Bill Markovits appeared for Plaintiffs; Patrick Robson and Jeffrey Cox appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Alex Rodger appeared for the Bailey and Build Defendants. The parties discussed the appropriate schedule for briefing on class certification. Plantiffs' counsel also advised the Court that Plaintiffs will likely be voluntarily dismissing Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors. The Court orders the following calendar for briefing the motion for class certification: Motion due 2/12/21; Responses due 6/4/21; Reply due 6/25/21. SO ORDERED. Signed by Judge Douglas R. Cole. (sct)
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Filing 154
NOTICE of Additional Plaintiffs by Plaintiff Compound Property Management LLC (Finney, Christopher) Modified docket text on 1/5/2021 (sct).
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Filing 153
OPINION AND ORDER denying #145 Plaintiffs' Motion for Leave to File, but grants leave to Plaintiffs to add three new plaintiffs from the six potential new plaintiffs identified in the proposed Amended Complaint. Plaintiffs' counsel shall advise the Court by filing a notice on the docket as to the identities of those new parties, and the Court will add them as Plaintiffs under Fed. R. Civ. P. 21. The claims previously dismissed without prejudice as to certain Defendants are now dismissed with prejudice as to those Defendants. Signed by Judge Douglas R. Cole on 12/15/20. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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NOTATION ORDER: Pursuant to agreement of Plaintiffs' counsel at the 9/30/20 telephone status conference, the Court denies as moot #111 Plaintiffs' Motion for Leave to Temporarily File Documents Under Seal and denies as moot #125 Plaintiffs' Motion to Seek Limited Additional Third-Party Discovery. SO ORDERED. Signed by Judge Douglas R. Cole on 10/2/20. (sct)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/30/20. Chris Finney, Zach Schaengold, and Bill Markovits appeared for Plaintiffs; Patrick Robson, Jeffrey Cox, and Jennifer Bloom appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Victor Walton, Jr. and Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Alex Rodger appeared for the Bailey and Build Defendants. The issue raised by defendants regarding affidavits of fact relating to title interfering with closings was discussed. Plaintiffs agreed that the Finney Law Firm will no longer assist potential putative class members in completing and filing the affidavits of fact in the future. Mr. Finney will provide all counsel with a list of any affidavits of fact that they have prepared to this point. The pending motions (Docs. 111, 125, and 145) were discussed. The Court advised the parties that it believed #111 Plaintiffs' Motion to File Document Under Seal and #125 Plaintiffs' Motion for Discovery had been ruled on. Plaintiffs' counsel agreed that the motions could be denied as moot. The Court instructed any parties who believed that the motions should remain pending to contact chambers. The Court notified the parties that it is reviewing the briefing on #145 Plaintiffs' Motion for Leave to File First Amended Complaint and will make a ruling soon. The Court inquired of the parties in the SGIA Residential Bridge Loan Venture V, L.P. v. Build Realty, Inc. matter (1:20-cv-397) as to whether the language in paragraph 3 of their Stipulated Orders for Sale of Property was accurate. The parties will review the language and clarify it accordingly. (sct)
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Filing 152
REPLY to Response to Motion re #145 MOTION for Leave to File First Amended Complaint and Jury Demand filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Declaration of Casey A. Taylor) (Markovits, Wilbert)
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NOTATION ORDER granting #151 Plaintiffs' Unopposed Motion for Extension of Time to File Reply in Support of #145 MOTION for Leave to File Amended Complaint and for Leave to File an Omnibus Reply. Omnibus Reply due by 9/18/20. SO ORDERED. Signed by Judge Douglas R. Cole on 8/31/20. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 151
MOTION for Extension of Time until 9/18/20 to File Reply in Support of Motion for Leave to File an Amended Complaint and for Leave to File an Omnibus Reply by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Finney, Christopher). Modified docket text on 8/31/2020 (sct).
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Filing 150
RESPONSE in Opposition re #145 MOTION for Leave to File First Amended Complaint and Jury Demand filed by Defendant First Title Agency, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Merical, Joseph)
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Filing 149
RESPONSE in Opposition re #145 MOTION for Leave to File First Amended Complaint and Jury Demand filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC. (Rodger, Alex)
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Filing 148
RESPONSE in Opposition re #145 MOTION for Leave to File First Amended Complaint and Jury Demand Defendants Smith, Graham and Five Mile Capital's Memorandum in Opposition to Plaintiffs' Motion for Leave to File First Amended Complaint and Jury Demand filed by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Cox, Jeffrey)
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Filing 147
RESPONSE in Opposition re #145 MOTION for Leave to File First Amended Complaint and Jury Demand filed by Defendants G2 Technologies, LLC, GT Financial, LLC, George Triantafilou. (Walton, Victor)
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NOTATION ORDER granting #146 Defendants' Motion for Extension of Time to File Response to #145 Plaintiffs' MOTION for Leave to File First Amended Complaint and Jury Demand. Counsel for Plaintiffs indicated via email to the Court that the Motion is unopposed. Responses due by 8/27/20. SO ORDERED.Signed by Judge Douglas R. Cole on 7/29/20. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 146
MOTION for Extension of Time New date requested 8/27/2020. For Defendants to Respond to Plaintiffs' Motion for Leave to File Their First Amended Complaint (Doc.#145) by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Attachments: #1 Exhibit A) (Cox, Jeffrey) Modified to correct motion event and created link to doc. #145 on 7/28/2020 (eh).
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Filing 145
MOTION for Leave to File First Amended Complaint and Jury Demand by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Memorandum In Support, #2 Proposed Order, #3 Exhibit A - First Amended Complaint) (Finney, Christopher)
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Filing 144
ANSWER to #1 Complaint, filed by Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, Greenleaf Support Services, LLC, McGregor Holdings, LLC. (Rodger, Alex)
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Filing 143
ORDER permitting withdrawal of Dinsmore & Shohl LLP as counsel for Defendants Build Realty entities and Steven King, with attorney Alex S. Rodger substituting for the entities. Signed by Judge Douglas R. Cole on 7/9/20. (sct)
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Filing 142
Response in Opposition to #135 Application to enter Default DEFENDANTS GARY BAILEY, GARY BAILEY, AS TRUSTEE OF THE BAILEY INVESTMENT TRUST AND GARY BAILEY, AS BENEFICIARY OF THE BAILEY INVESTMENT TRUST by Defendant Gary Bailey. (Rodger, Alex) Modified docket text on 6/29/2020 (sct).
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Filing 141
ORDER denying #138 Plaintiffs' Emergency Motion for the Appointment of a Receiver. Signed by Judge Douglas R. Cole on 6/19/20. (sct)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 6/17/20. Chris Finney, Zach Schaengold, Rebecca Heimlich, and Casey Jones appeared for Plaintiffs; Patrick Robson, Jeffrey Cox, and Jennifer Bloom appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Alex Rodger appeared for Defendant Gary Bailey; Victor Walton, Jr. and Joe Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Richard Porotsky appeared for the remaining Build Defendants. The Court heard arguments on #138 Plaintiffs' Emergency Motion for the Appointment of a Receiver. The Court addressed the motion and notified the parties that it does not see a basis for appointing a receiver and that it will not order one at this time. Written Order denying the motion to follow. (sct)
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Filing 140
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC Notice of Filing Declaration of Sumner M. Saeks (Attachments: #1 Declaration of Sumner M. Saeks, #2 Exhibit 1 to Declaration of Sumner M. Saeks, #3 Exhibit 2 to Declaration of Sumner M. Saeks) (Finney, Christopher)
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Filing 139
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC re #135 Application to enter Default,, Plaintiffs' Notice of Partial Withdrawal of Request for the Entering of Default (Finney, Christopher)
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Filing 138
Emergency MOTION to Appoint Receiver by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Memorandum in Support of Plaintiff's Emergency Motion For the Appointment of a Receiver, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit Exhibits to Declaration of Christopher P. Finney, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Text of Proposed Order Exhibit 9) (Finney, Christopher)
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Filing 137
ANSWER to #1 Complaint, of Defendants, Gary Bailey, As Trustee of the Bailey Investment Trust and Gary Bailey, As Beneficiary of the Bailey Investment Trust filed by Gary Bailey. (Rodger, Alex)
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Filing 136
ANSWER to #1 Complaint, filed by Gary Bailey. (Rodger, Alex)
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Filing 135
Application to Clerk for entry of default against Gary Bailey, individually and as trustee and beneficiary of the Bailey Investment Trust; Build Realty, Inc. d/b/a Greenleaf Funding; Edgar Construction, LLC; Cincy Construction, LLC; McGregor Holdings, LLC; Cowtown Holdings, LLC; Build NKY, LLC; Greenleaf Support Services, LLC; Build SWO, LLC . (Attachments: #1 Affidavit Affidavit of Christopher P. Finney in Support of Default, #2 Text of Proposed Order Proposed Entry of Default) (Finney, Christopher)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 6/11/20. Chris Finney, Zach Schaengold and Rebecca Heimlich appeared for Plaintiffs; Patrick Robson, Jeffrey Cox, and Jennifer Bloom appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Alex Rodger appeared for Defendant Gary Bailey; Victor Walton, Jr. appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Richard Porotsky appeared for the remaining Build Defendants. The Application for Entry of Default (doc. 135) was discussed. The Court notified the parties that, based on discussions previously held during the discovery conference on 5/28/20, that the Build Defendants are not in default. Plaintiffs shall have 24 hours to file a notice of withdrawal of the request for entry of default or notify the Court to enter an order staying the request for entry of default. (sct)
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Filing 134
ANSWER to #1 Complaint, filed by G2 Technologies, LLC, GT Financial, LLC, George Triantafilou. (Brunner, Joseph)
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Filing 133
Defendant First Title Agency, Inc.'s ANSWER to #1 Complaint, filed by First Title Agency, Inc.. (Tarney, Tyler)
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Filing 132
MOTION to Withdraw as Attorney by Defendants Build NKY, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC. (Attachments: #1 Affidavit Declaration of Attorney Richard Porotsky in Support of Motion to Withdrawal) (Porotsky, Richard)
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Minute Entry and Notation Order: Discovery Conference by telephone held on 5/28/20 before Judge Douglas R. Cole. Bill Markovits, Chris Finney, Zach Schaengold, Casey Taylor, and Rebecca Heimlich appeared for Plaintiffs; Patrick Robson, Jeffrey Cox, and Jennifer Bloom appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney and Joseph Merical appeared for Defendant First Title Agency, Inc.; Alex Rodger appeared for Defendant Gary Bailey; Joseph Brunner appeared for Defendants G2 Technologies, LLC, GT Financial, LLC, and George Triantafilou; Richard Porotsky appeared for the remaining Build Defendants. The Motion to Withdraw as Counsel (doc. 132) and discovery issues were discussed. The Court will grant the motion to withdraw, but requested withdrawing counsel to remain on the case, in the limited capacity as discussed during the conference, until new counsel appears. The Court ORDERS the following: Plaintiffs file any amended complaint within 45 days, during which time the Build Defendants shall obtain new counsel; GT Financial shall produce the documents discussed during the conference pursuant to the previously agreed timeline; Plaintiffs shall identify 20 properties as to which they will seek discovery from First Title, and shall propound discovery related to those properties on First Title; Plaintiffs are authorized to seek discovery from PNC Bank of the type it has already received for certain months, but can now seek it for the remaining months; PNC Bank shall have the right to oppose such discovery requests, though, as appropriate; Plaintiff is authorized to subpoena information relating to the audit report from Stuart Title, subject to Stuart Title's, or any party's, right to object to specific discovery requests, as appropriate; The parties are encouraged to jointly discuss a procedure for quickly moving to dispositive motions on the amended complaint (if filed), the named plaintiffs' claims, and the issue of class certification. The Court will set a status conference after receipt of the amended complaint to discuss that procedure. SO ORDERED. Signed by Judge Douglas R. Cole. (sct) Modified docket text and regenerated NEF on 5/28/2020 (sct).
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Filing 131
OPINION and ORDER granting in part and denying in part #19 , #31 , and #32 Motions to Dismiss. Signed by Judge Douglas R. Cole on 5/26/20. (sct)
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Notice of Correction: Please disregard [FORMER DOC. 129] Reply (non motion) - filed using an incorrect ECF event. Counsel properly refiled as #130 Reply to Response to Motion. (eh)
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Filing 130
REPLY to Response to Motion re #125 MOTION for Discovery (Limited Additional Third-Party Discovery) filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Finney, Christopher)
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Filing 129
[FORMER DOC. 129 - PLEASE DISREGARD. FILED IN ERROR.] Reply In Support of Motion to Seek Limited Additional Third-Party Discovery by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Finney, Christopher) Modified docket text and document security on 5/22/2020 (eh).
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Filing 128
RESPONSE in Opposition re #125 MOTION for Discovery (Limited Additional Third-Party Discovery) filed by Defendant Build Realty, Inc.. (Attachments: #1 Exhibit 1 - Notice of 30(B)(6) deposition of Defendant Edgar, #2 Exhibit 2 - email chain through May 4 among counsel, #3 Exhibit 3 - Theresa Robinson Depo Excerpts (CPM), #4 Exhibit 4 - Depo Ex. 16 - HUD1 Form (Settlement Statement), #5 Exhibit 5 - Depo Ex. 20 - Construction Loan Agreement - CPM, #6 Exhibit 6 - Depo Ex. 23 - Assignment of Rents - CPM, #7 Exhibit 7 - Depo Ex. 39 - Text Message of Robinson - Jan 2017, #8 Exhibit 8 - Richard Hardin Depo Excerpts (Leone1), #9 Exhibit 9 - Depo. Ex. 156 - Purchase Contract (Leone1), #10 Exhibit 10 - Dep. Ex. 157 - Real Estate Listing Report - Leone1, #11 Exhibit 11 - Gwendolyn Broadnax Depo Excerpts (R&G Cincy), #12 Exhibit 12 - Depo Ex. 62 - Real Estate Listing Report - R&G Cincy, #13 Exhibit 13 - Counsel email re Hardin Depo issues - 4-15-20, #14 Exhibit 14 - Brenda Hardin Depo Excerpts (Leone1), #15 Exhibit 15 - Depo Ex. 121 (Spreadsheet of payments - Leone1), #16 Exhibit 16 - Depo Ex. 171 (Master Draw Insp Rpt - Leone1), #17 Exhibit 17 - Court Order (N.D. Ga, White v. Selection Management), #18 Exhibit 18 - Porotsky Declaration) (Porotsky, Richard)
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NOTATION ORDER denying as moot #73 Defendants' Motion Requesting any Early Hearing. The hearing was held on 1/9/20. SO ORDERED. Signed by Judge Douglas R. Cole on 5/15/20. (sct)
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Filing 127
NOTICE Notice of Rule 30(b)(6) Deposition of Defendant Edgar Construction, LLC by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC (Attachments: #1 Exhibit A - 17 Documents, #2 Exhibit B - First Title Documents, #3 Exhibit C - List of Parties, #4 Exhibit D - Addendum #1 to the Purchase Contract) (Finney, Christopher) Modified docket text on 5/11/2020 (eh).
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Filing 126
NOTICE of Substitution of Counsel - Victor A Walton, Jr substituting for Alex M. Trantafilou, Richard D. Porotsky, Bryan E. Pacheco as to Defendant G2 Technologies, LLC. (Walton, Victor)
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Filing 125
MOTION for Discovery (Limited Additional Third-Party Discovery) by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Exhibit Exhibit A - Email, #2 Exhibit Exhibit B - Relevant portions of PNC records, #3 Exhibit Exhibit C - Email, #4 Exhibit Exhibit D - Relevant portions of PNC records, #5 Exhibit Exhibit E - Emails, #6 Exhibit Exhibit F - Documents) (Finney, Christopher)
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Filing 124
NOTICE of Substitution of Counsel - Alex S. Rodger substituting for Alex M. Triantafilou and Bryan E. Pacheco as to Defendant Gary Bailey. (Rodger, Alex)
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Filing 123
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC Notice of Rule 30(b)(6) Deposition of Defendant Edgar Construction, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Finney, Christopher)
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Filing 122
NOTICE of Substitution of Counsel - Victor A Walton, Jr substituting for Alex, M. Triantafilou, Richard D. Porotsky, Bryan E. Pacheco as to Defendants GT Financial, LLC, George Triantafilou. (Walton, Victor)
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Filing 121
NOTICE of Appearance by Jeffrey A Miller for Defendants GT Financial, LLC, George Triantafilou (Miller, Jeffrey)
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Filing 120
NOTICE of Appearance by Victor A Walton, Jr for Defendants GT Financial, LLC, George Triantafilou (Walton, Victor)
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Filing 119
NOTICE of Appearance by Joseph Michael Brunner for Defendants GT Financial, LLC, George Triantafilou (Brunner, Joseph)
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Filing 118
Transcript of Proceedings, Oral Argument held on January 9, 2020, before Judge Douglas R. Cole. Court Reporter Sue Lopreato (Official), Telephone number 513-564-7679. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/2/2020. Redacted Transcript Deadline set for 3/12/2020. Release of Transcript Restriction set for 5/11/2020. (mal)
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Notice terminating referral to Magistrate Judge Karen L. Litkovitz. (ss)
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Filing 117
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC Agreed Notice of Filing Exhibits (Attachments: #1 Exhibit A - Buy Side HUD-1, #2 Exhibit B - Sell Side HUD-1, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Contract to Purchase) (Finney, Christopher)
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Filing 116
OPINION AND ORDER - This cause comes before the Court on (i) Defendant Build Realty, Inc.'s ("Build") Objection (ECF No. 109) to the Magistrate Judge's December 6, 2019 Order (ECF No. 104) regarding discovery issues relating to various PNC Bank records, and (ii) the parties' joint report of a discovery dispute relating to Zoom.com audio recordings of Build management meetings (ECF No. 114). For the reasons discussed in this Opinion and Order, the Court ORDERS the following: (1) Build shall produce the requested Zoom Audio conference records. (2) As more fully set forth in Magistrate Judge Litkovitz's December 6, 2019 Order (ECF No. 104), Plaintiffs shall be entitled to banks records from PNC Bank relating to the escrow accounts of the Build Defendants, as follows: (a.) Plaintiffs shall specify two months from each calendar year starting with 2013 through 2019 (i.e., two months in 2013, two months in 2014, etc.); and (b.) the discovery requests to PNC Bank shall be limited to the requested records relating to the escrow account for the specified months. (See id.). SO ORDERED. Signed by Judge Douglas R. Cole on January 14, 2020. (co) Modified to add document title on 1/15/2020 (bjc).
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Filing 115
Reply re #104 Order,, REPPLY MEMORANDUM BY THE BUILD REALTY DEFENDANTS ON THEIR LIMITED OBJECTION TO MAGISTRATE'S RECENT ORDER (DOC. NO 104) by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit Declaration of Gary Bailey) (Porotsky, Richard)
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Minute Entry for proceedings held before Judge Douglas R. Cole: On January 9, 2020, this Court held a Discovery Conference regarding discovery issues raised by Plaintiffs and Build Defendants. Bill Markovits, Chris Finney, Zach Schaengold, and Casey Jones appeared for Plaintiffs; Patrick Robson appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney appeared for Defendant First Title Agency, Inc.; Andy Cassady and Richard Porotsky appeared for the remaining Build Defendants. Counsel agreed to work together to provide the information per Magistrate Judge Litkovitz's Order, to the extent that information is not subject to the Build Defendants' Objection. Order to issue on the Build Defendants' Objection. At the request of the parties, the Court agreed to participate in the Deposition of Jack Donenfeld on January 27 at 11:00 a.m in Courtroom 2. (sct)
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Minute Entry for proceedings held before Judge Douglas R. Cole: On January 9, 2020, this Court held Oral Argument regarding Defendants' Motions to Dismiss (ECF Nos. 19, 31, 32). Bill Markovits, Chris Finney, Zach Schaengold, and Casey Jones appeared for Plaintiffs; Patrick Robson appeared for Defendants Five Mile Capital Partners, LLC and Smith, Graham, & Co. Investment Advisors; Tyler Tarney appeared for Defendant First Title Agency, Inc.; Andy Cassady and Richard Porotsky appeared for the remaining Build Defendants. The Court heard arguments of counsel and took the matters under advisement. Order to issue. (Court Reporter: Sue Lopreato-Official). (sct)
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NOTICE re #114 Status Report, Exhibit B disc received by the Clerk's Office and forwarded to the Chambers of Judge Douglas R. Cole. (bjc)
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Filing 114
STATUS REPORT (Joint Discovery Report) of Discovery Dispute Regarding Mr. Peak's (and Zoom.com) Audio Recordings of Executive Meetings by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Exhibit Plaintiffs' Exhibit A, #2 Exhibit Plaintiffs' Exhibit B, #3 Declaration of Jonathan Peak, #4 Declaration of Gary Bailey, #5 Build Defendants' Position Statement) (Markovits, Wilbert)
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Filing 113
RESPONSE to Motion re #109 Objection to Magistrate Judge Order Limited to Part of the Order (Part 5 of Doc. No 104), and Request for a Stay of that Part 5 filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Declaration of W.B. Markovits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16) (Markovits, Wilbert)
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Filing 112
Minute Entry for proceedings held before Judge Douglas R. Cole: Status Conference held on 1/3/2020. This cause came to be heard on a telephonic status conference. Bill Markovits, Zach Schaengold, Dylan Gould, and Casey Taylor appeared for Plaintiffs; Richard Porotsky appeared for Build Realty, et al. Defendants; Tyler Tarney appeared for Defendant First Title Agency, Inc.; and Jennifer Bloom appeared for Five Mile/Smith, Graham Defendants. During the status conference, the parties discussed matters relating to certain pending discovery disputes. In that regard, the Court hereby ORDERS that Plaintiffs shall file a response, if any, to Defendant Build Realtys Objection to the Magistrates December 6, 2019 Order (ECF No. 109) on or before Monday, January 6, 2020. The parties shall work together before that time in an effort to address potential confidentiality concerns with regard to the materials included in, or attached to, that response. If any party maintains that any portion of such information is or may be confidential, then Plaintiffs shall file a redacted copy of their response with the Clerks Office redacting any such materials. Plaintiffs shall provide an unredacted copy of the filing to Chambers and opposing counsel. Plaintiffs shall provide unredacted copies to Chambers by either delivering two sets of hard copies to Chambers, or emailing the unredacted copies to Cole_Chambers@ohsd.uscourts.gov. The Court will then provide the party claiming that the redacted information should not be disclosed an opportunity to show how the material meets the requirements set forth in Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016). SO ORDERED. Signed by Judge Douglas R. Cole on January 3, 2020. (co).
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Set/Reset Hearings: This cause comes before the Court on the hearing scheduled for 1/9/2020 at 9:00 AM in Courtroom 708 before Magistrate Judge Karen Litkovitz relating to Defendants' pending motions to dismiss and other motions regarding discovery. As discussed with the parties during the telephone status conference held before Judge Douglas R. Cole on January 3, 2020, the January 9th hearing will now be held before Judge Douglas R. Cole at the date and time previously scheduled (1/9/2020 at 9:00 AM) in Courtroom 801. (co).
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Filing 111
MOTION to File Document Under Seal by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Markovits, Wilbert)
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Filing 110
STATUS REPORT Joint report of parties of discovery dispute regarding Zoom.com audio recordings of meetings by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Exhibit A - Partial Transcript of Audio of Executive Call) (Finney, Christopher)
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Filing 109
Objection to Magistrate Judge Order Limited to Part of the Order (Part 5 of Doc. No 104), and Request for a Stay of that Part 5 by Defendant Build Realty, Inc.. (Porotsky, Richard)
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Filing 108
ORDER - GRANTING Defendants' Unopposed Motion for Extension of Time #107 and hereby EXTENDS the deadline to appeal the Magistrate Judges Order to December 27, 2019. Signed by Judge Douglas R. Cole on 12/23/2019. (cb) Modified docket text on 12/23/2019 (cb).
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Reset Deadlines: Show Cause Response #108 due by 12/27/2019. (cb) Modified docket text on 12/23/2019 (cb).
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Filing 107
MOTION for Extension of Time New date requested 12/27/2019. UNOPPOSED MOTION FOR EXTENSTION OF TIME TO APPEAL MAGISTRATE'S ORDER by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Porotsky, Richard)
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Filing 106
NOTICE of Appearance by Joseph Kendall Merical for Defendant First Title Agency, Inc. (Merical, Joseph)
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Filing 105
ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 104
ORDER following Informal #101 Discovery Conference held on 12/5/2019. The deadline for the first phase of discovery related to the breach of fiduciary duty claim is 3/15/2020. The Court will hear arguments on defendants' pending motions to dismiss on 1/9/2020 at 09:00 AM in Courtroom 708 - Cincinnati before Magistrate Judge Karen L. Litkovitz. Plaintiffs and each moving defendant shall be limited to (45) minutes of oral argument on each respective motion. Signed by Magistrate Judge Karen L. Litkovitz on 12/6/2019. (art)
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Filing 103
ORDER Limiting communications with putative class members regarding this litigation. Signed by Magistrate Judge Karen L. Litkovitz on 12/6/2019. (art)
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Filing 102
RULE 502(d) ORDER following Informal #101 Discovery Conference held on 12/5/2019. Signed by Magistrate Judge Karen L. Litkovitz on 12/5/2019. (art)
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Filing 101
Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held in chambers on 12/5/2019. Counsel for plaintiffs and for defendant present. Matters discussed. Order of the Court to follow. (Court Reporter: None present) (art)
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Filing 100
ORDER following #98 Informal Discovery Conference held before this Court on 11/21/2019. Parties shall be prepared to discuss matters specified in this order at the next scheduled conference set for 12/5/2019. Signed by Magistrate Judge Karen L. Litkovitz on 12/2/2019. (art)
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Filing 99
ORDER Setting an Informal Discovery Conference set for Thurs., 12/5/2019 at 02:00 PM in Chambers Room 716 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 12/2/2019. (art)
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Filing 98
Minute Entry: for proceedings held before Magistrate Judge Karen L. Litkovitz: Discovery Conference held on 11/26/2019.Paul DeMarco, Christopher Finney, Casey Taylor, Zachary Schaengold, appeared for Plaintiffs; Richard Porotsky appeared for Build Realty, et al defendants; Patrick Robson appeared for Five Mile/Smith, Graham defendants and Tyler Tarney appeared for First Title Defendants. Matters were discussed. Case continued for 2:00 on 12/5/2019 in chambers. ( Hearing set for 12/5/2019 02:00 PM in Chambers before Magistrate Judge Karen L. Litkovitz.). (jlw) (jlw).
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Filing 96
NOTICE OF BANKRUPTCY AND SUGGESTION OF STAY by Defendants Stephen D. King (Porotsky, Richard) Modified to correct filers on 11/21/2019 (eh).
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Filing 94
ORDER by Judge Susan J. Dlott REFERRING CASE to Magistrate Judge Karen L. Litkovitz. (vp)
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Filing 93
ORDER REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 11/7/19. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 10/30/2019; Casey Taylor, Christopher Finney, Bill Markovits and Zachary Schaengold appeared for Plaintiff; Tyler Tarney appeared for Dft 1st Title; Patrick Robson appeared for Five Mile/Smith&Graham dfts; Richard Porotsky, Triantafilou and Amanda Lockaby appeared for remaining dfts; settlement discussions are continued in progress. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/8/2019; Christopher Finney, Bill Markovits and Zachary Schaengold appeared for Plaintiff; Tyler Tarney appeared for Dft 1st Title; Richard Porotsky and Alex Triantafilou appeared for remaining dfts, patric Robson appeared for Five Mile/Smith dfts; case to proceed with Settlement Conference set for 10/30/2019 at 10:30 AM in Chambers, Room 239, before Judge Michael R. Barrett; parties shall provide the Court with a limited 5-page exparte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 10/16/19 except 1st Title which shall be due 10/18/19. The Court will conduct exparte conferences prior to the scheduled settlement conference. Unless prior arrangements have been discussed with the Court, party representatives with complete settlement authority must be present throughout the conference. (ba)
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NOTICE of Hearing: Please be aware that the Status Conference set for 10/8/2019 at 1:30 pm has been RESET IN TIME ONLY from 1:30 pm to 12:30 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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NOTICE of Hearing: Please be aware that a Status Conference is set for 10/8/2019 at 01:30 PM by teleconference before Judge Michael R. Barrett and a Settlement Conference is set for 10/30/2019 at 10:30 AM in Chambers, Room 239, before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Filing 92
Transcript of Proceedings, Motion Hearing held on July 8, 2019, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 9/5/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/13/2019. (Maffia, Maryann)
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CD containing Audio Recording received and forwarded to Judge Barrett's chambers. (sct)
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Filing 91
NOTICE by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC of Filing of Audio Recording (Markovits, Wilbert)
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Filing 90
NOTICE by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou re #88 Response in Opposition to Motion,,,, NOTIE OF FILING ORIGINAL DELARLATION OF FRANK LONG RELATING TO THE BUILD DEFENDAnTS' OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF UNDER CIVIL RULE 23(D) (Porotsky, Richard)
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Filing 89
Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 7/8/2019 re #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d) filed by Leone1, LLC, Compound Property Management LLC, R&G Cincy Investments, LLC; Counsel present; arguments heard/exhibits presented; the parties agree to attempt to resolve the motion by 7/10/19; if not, the Court will issue a ruling. (Court Reporter: Maryann Maffia) (Attachments: #1 Exhibit List) (ba)
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Filing 88
RESPONSE in Opposition re #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d) filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King. (Attachments: #1 Exhibit Gary Bailey Delaration, #2 Exhibit April Meyers Declaration - Part 1, #3 Exhibit April Meyers Declaration - Part 2, #4 Exhibit April Meyers Declaration - Part 3, #5 Exhibit Pat Connors Declaration, #6 Exhibit Richard Porotsky Declaration, #7 Exhibit Dwight Price Deposition Excerpts, #8 Exhibit Lorena Anticoli Delaration - Part 1 - Declaration and Exhibits A-C, #9 Exhibit Lorena Anticoli Declaration - Part 2 Exhibit D to Declaration to Anticoli Declaration, #10 Exhibit Lorena Anticoli Declaration Part 3 - Exibits D-H to Anticoli Declaration, #11 Exhibit Beverly Harring Declaration and Exhibits, #12 Exhibit Frank Long Declaration) (Porotsky, Richard)
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Filing 87
NOTICE by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, First Title Agency, Inc., Five Mile Capital Partners, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, Smith, Graham & Co. Investment Advisors, LP, George Triantafilou, Intervenor Plaintiffs DP Black Investments LLC, MHC LLC NOTIE OF FILING DEPOSIITON TRANSCRIPT OF DWIGHT PRICE (Attachments: #1 Exhibit Exhibit of Dwight Price, #2 Exhibit Exhibit 1-3, #3 Exhibit Exhibit 4, #4 Exhibit Exhibit 4 continuation, #5 Exhibit Exhibit 5, #6 Exhibit EXhibit 6, #7 Exhibit Exhibit 7-8, #8 Exhibit Exhibit 9-14) (Porotsky, Richard)
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Filing 86
NOTICE of Appearance by Andrew Cassady for Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou (Cassady, Andrew) Modified docket text on 1/9/2020 (sct).
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/2/2019; Paul DeMarco, Christopher Finney, Casey Taylor and Zachary Schaengold appeared for Plaintiff; Jennifer Bloom appeared for dfts Five Mile/Smith; Tyler Tarney appeared for Dft 1st Title; Richard Porotsky appeared for remaining dfts; Motion Hearing set for 7/8/2019 at 11:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett as to #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d); Responses due by 7/5/2019 at 1:00 pm and can be emailed to chambers at barrett_chambers@ohsd.uscourts.gov (ba)
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Filing 85
Supplemental Memorandum Opposing re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Markovits, Wilbert)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/28/2019; Paul DeMarco, Christopher Finney and Zachary Schaengold appeared for Plaintiff; Jennifer Bloom appeared for dfts Five Mile/Smith; Tyler Tarney appeared for Dft 1st Title; Richard Porotsky appeared for remaining dfts; the parties shall exchange witness lists and follow up with the Court on 7/2/2019 at 11:00 AM by teleconference before Judge Michael R. Barrett and the Court will determine a response date re #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d); a Motion Hearing is tentatively set for 7/8/2019 at 11:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett re #71 ; the Court will orally grant #79 MOTION for Leave to File Brief Surreply in Response to Defendants Five Mile and Smith, Graham's Reply in Support of Their Motion to Dismiss filed by Leone1, LLC, Compound Property Management LLC, R&G Cincy Investments, LLC; the surreply attached to #79 shall be electronically filed by plaintiff; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Filing 84
NOTICE by Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC re #60 MOTION to Intervene (Redden, Brian)
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NOTICE of Hearing: Please be aware that a Status Conference is set for 6/28/2019 at 01:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/21/2019 with law clerk (LC1); Paul DeMarco, Zachary Schaengold, appeared for Plaintiffs; Richard Porotsky appeared for Build Realty, et al defendants;Tyler Tarney appeared for Defendant First Title Agency; parties should continue to attempt to agree on scheduling and notify the Court; if an agreement is not reached, the parties are to request a follow up phone conference (ba)
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Filing 83
AGREED ORDER ON TITLE TO PROPERTIES RELATED TO THIS LITIGATION. Signed by Judge Michael R. Barrett on 6/19/19. (ba)
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Filing 82
STIPULATION on Proposed Agreed Order on Titles by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Schaengold, Zachary)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/18/2019; Paul DeMarco, Christopher Finney, Bill Markovits Zachary Schaengold, Dylan Gould and Justin Walker appeared for Plaintiffs; Alex Triantafilou and Richard Porotsky appeared for Build Realty, et al defendants; Jennifer Bloom appeared for Five Mile/Smith, Graham defendants; Brian Redden, Dan Rabinovitz and Christen Steimle appeared for Intervenor Plaintiffs; parties should continue to attempt to agree on outstanding class communication issue and if not report to the Court how this matter shall proceed; parties will provide agreed release order to the Court in short order; a follow up Status Conference is set for 6/21/2019 at 01:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Filing 81
RESPONSE in Opposition re #60 MOTION to Intervene filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Declaration of Zachary C. Schaengold, #2 Exhibit Exhibits to Declaration) (Markovits, Wilbert)
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Filing 80
STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT. Signed by Judge Michael R. Barrett on 6/17/19. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/17/2019 with law clerk (LC1) re #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d) filed by Leone1, LLC, Compound Property Management LLC, R&G Cincy Investments, LLC; Christopher Finney, Zachary Schaengold, and Terry Coates appeared for Plaintiffs; Alex Triantafilou and Richard Porotsky appeared for Build Realty, et al defendants; Jennifer Bloom appeared for Five Mile/Smith, Graham defendants; Tyler Terney appeared for Defendant First Title Agency; Brian Redden and Dan Rabinovitz appeared for Intervenor Plaintiffs; parties are continuing to work together related to the previously discussed agreed order and potential release language; a follow up Status Conference is set for 6/18/2019 at 05:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Filing 79
MOTION for Leave to File Brief Surreply in Response to Defendants Five Mile and Smith, Graham's Reply in Support of Their Motion to Dismiss by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Exhibit Surreply) (Markovits, Wilbert)
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Filing 78
ORDER granting #64 Motion for Leave to Appear Pro Hac Vice of Daniel M. Rabinovitz for Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC. Signed by Judge Michael R. Barrett on 6/14/19. (ba)
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Filing 77
STIPULATION Joint Stipulation For Extension of Time For Rule 26(a)(1) Disclosures by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Finney, Christopher)
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Filing 76
ORDER granting #53 Motion for Extension of Time to File Response/Reply; Defendant First Title Agency, Inc.s #65 Reply filed on June 1, 2019, is hereby deemed as being timely filed. Signed by Judge Michael R. Barrett on 6/14/19. (ba)
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Notice of Correction: Please disregard [FORMER DOC. 74] Reply to Response to Motion - incorrect pdf attached. See doc. #75 for corrected filing. (eh)
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Filing 75
REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Robson, Patrick)
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Filing 74
[FORMER DOC. 74 - PLEASE DISREGARD. FILED IN ERROR.] REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Robson, Patrick) Modified docket text and restricted entry on 6/12/2019 (eh).
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Filing 73
MOTION for Hearing re #31 MOTION to Dismiss Partial Complaint of Plaintiffs' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Pacheco, Bryan)
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Filing 72
Proposed MOTION for Protective Order Stipulated to by all Parties by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Schaengold, Zachary)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/11/2019 re #71 MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d) filed by Leone1, LLC, Compound Property Management LLC, R&G Cincy Investments, LLC; Paul DeMarco, Christopher Finney, Bill Markovits Zachary Schaengold, Dylan Gould and Justin Walker appeared for Plaintiffs; Alex Triantafilou and Richard Porotsky appeared for Build Realty, et al defendants; Jennifer Bloom appeared for Five Mile/Smith, Graham defendants; Brian Redden, Dan Rabinovitz and Christen Steimle appeared for Intervenor Plaintiffs; parties agree to work together related to the previously discussed agreed order and potential release language; responses re #60 MOTION to Intervene are due by 6/17/2019; a follow up Status Conference is set for 6/17/2019 at 04:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/11/19 for conferencing instructions (ba)
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Filing 71
MOTION to Expedite Relief Pursuant to Federal Rule of Civil Procedure 23(d) by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Memorandum, #2 Declaration of W.B. Markovits, #3 Declaration of Christopher P. Finney, #4 Affidavit Dwight Price, #5 Text of Proposed Order) (Markovits, Wilbert)
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Filing 70
NOTICE of Appearance by Christen M. Steimle for Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC (Steimle, Christen)
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Filing 69
NOTICE of Appearance by Brian Robert Redden for Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC (Redden, Brian)
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Notice of Correction re: #68 Notice of Appearance, contacted the filer, they will re-file two separate notices of appearance for two separate attorneys. (bjc)
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Filing 68
[FILED IN ERROR, PLEASE DISREGARD] NOTICE of Appearance by Brian Robert Redden for Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC (Redden, Brian) Modified Docket Text on 6/4/2019 (bjc).
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Filing 67
NOTICE of Appearance by Carrie Thiem for Defendant First Title Agency, Inc. (Thiem, Carrie)
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Filing 66
NOTICE of Substitution of Counsel - Tyler Tarney substituting for Michael A. Galasso as to Defendant First Title Agency, Inc.. (Tarney, Tyler)
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Filing 65
REPLY to Response to Motion re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant First Title Agency, Inc.. (Galasso, Michael)
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Filing 64
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6946581) of Daniel M. Rabinovitz by Intervenor Plaintiffs Arrowhead Investments LLC, DP Black Investments LLC, MHC LLC. (Attachments: #1 Exhibit) (Redden, Brian)
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Filing 63
Corporate Disclosure Statement by Intervenor Plaintiff DP Black Investments LLC. (Redden, Brian)
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Filing 62
Corporate Disclosure Statement by Intervenor Plaintiff MHC LLC. (Redden, Brian)
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Filing 61
Corporate Disclosure Statement by Intervenor Plaintiff Arrowhead Investments LLC. (Redden, Brian)
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Filing 60
MOTION to Intervene by Intervenor Plaintiffs Arrowhead Investments LLC, MHC LLC, DP Black Investments LLC. (Attachments: #1 Exhibit 1 - Proposed Intervening Complaint, #2 Exhibit A to Proposed Intervening Complaint) (Redden, Brian)
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Filing 59
REPLY to Response to Motion re #31 MOTION to Dismiss Partial Complaint of Plaintiffs' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Pacheco, Bryan)
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Filing 58
Corporate Disclosure Statement by Plaintiff Compound Property Management LLC. (Finney, Christopher)
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Filing 57
Corporate Disclosure Statement by Plaintiff Leone1, LLC. (Finney, Christopher)
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Filing 56
Corporate Disclosure Statement by Plaintiff R&G Cincy Investments, LLC. (Finney, Christopher)
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Notice of Correction re #55 Response to Motion: Incorrect event used. Document to be refiled using the event "Reply to Response to Motion". (sct)
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Filing 55
[FILED IN ERROR] RESPONSE to Motion re #31 MOTION to Dismiss Partial Complaint of Plaintiffs' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Pacheco, Bryan) Modified docket text on 5/29/2019 (sct).
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Filing 54
ORDER granting #51 Motion for Extension of Time to File Response/Reply re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Responses due by 6/11/2019. Signed by Judge Michael R. Barrett on 5/28/19. (ba)
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Filing 53
Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 6/4/2019. by Defendant First Title Agency, Inc.. (Galasso, Michael)
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Filing 52
RULE 26(f) REPORT by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Porotsky, Richard)
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Filing 51
Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 6/11/2019. by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Attachments: #1 Exhibit Ex A) (Cox, Jeffrey)
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Filing 50
RESPONSE in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Markovits, Wilbert)
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Filing 49
RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Declaration of W.B. Markovits, #2 Exhibit Exhibits to Declaration) (Markovits, Wilbert)
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Filing 48
RESPONSE in Opposition re #31 MOTION to Dismiss Partial Complaint of Plaintiffs' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Declaration of W.B. Markovits) (Markovits, Wilbert)
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Filing 47
NOTICE of Appearance by Paul M De Marco for Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC (De Marco, Paul)
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Filing 46
ORDER granting #43 Motion for Extension of Time to File Response/Reply re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Responses due by 5/14/2019. Signed by Judge Michael R. Barrett on 5/6/19. (ba)
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NOTICE of Deadline: Rule 26(f) Report due by 5/21/2019. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba)
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Filing 45
Corporate Disclosure Statement by Defendant Five Mile Capital Partners, LLC. (Robson, Patrick)
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Filing 44
Corporate Disclosure Statement by Defendant Smith, Graham & Co. Investment Advisors, LP. (Robson, Patrick)
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Filing 43
Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/14/2019. by Plaintiffs Compound Property Management LLC, Leone1, LLC, R&G Cincy Investments, LLC. (Attachments: #1 Text of Proposed Order) (Finney, Christopher)
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Filing 42
Corporate Disclosure Statement by Defendant Build Realty, Inc.. (Porotsky, Richard)
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Filing 41
Corporate Disclosure Statement by Defendant Edgar Construction, LLC. (Porotsky, Richard)
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Filing 40
Corporate Disclosure Statement by Defendant Cincy Construction, LLC. (Porotsky, Richard)
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Filing 39
Corporate Disclosure Statement by Defendant McGregor Holdings, LLC. (Porotsky, Richard)
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Filing 38
Corporate Disclosure Statement by Defendant Cowtown Holdings, LLC. (Porotsky, Richard)
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Filing 37
Corporate Disclosure Statement by Defendant Build NKY, LLC. (Porotsky, Richard)
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Filing 36
Corporate Disclosure Statement by Defendant Greenleaf Support Services, LLC. (Porotsky, Richard)
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Filing 35
Corporate Disclosure Statement by Defendant Build SWO, LLC. (Porotsky, Richard)
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Filing 34
Corporate Disclosure Statement by Defendant G2 Technologies, LLC. (Porotsky, Richard)
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Filing 33
Corporate Disclosure Statement by Defendant GT Financial, LLC. (Porotsky, Richard)
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Filing 32
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant First Title Agency, Inc.. (Galasso, Michael)
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Filing 31
MOTION to Dismiss Partial Complaint of Plaintiffs' ( Responses due by 5/13/2019), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Pacheco, Bryan)
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Filing 30
SUMMONS Returned Executed as to Defendant Smith, Graham & Co. Investment Advisors, LP. Smith, Graham & Co. Investment Advisors, LP served on 4/9/2019, answer due 4/30/2019. (bjc)
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NOTATION ORDER signed by Judge Michael R. Barrett on 4/18/19 granting #24 Motion for Leave to File a Memorandum Exceeding Twenty Pages. (ba)
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Filing 29
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice of Jennifer L. Bloom for Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. Signed by Judge Michael R. Barrett on 4/16/19. (ba)
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Filing 28
ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Patrick L. Robson for Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. Signed by Judge Michael R. Barrett on 4/16/19. (ba)
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Filing 27
SUMMONS Returned Executed as to Defendant Five Mile Capital Partners, LLC. (bjc)
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Filing 26
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6881059) of Jennifer L. Bloom by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Attachments: #1 Exhibit A) (Cox, Jeffrey)
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Filing 25
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6881032) of Patrick L. Robson by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Attachments: #1 Exhibit A) (Cox, Jeffrey)
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Filing 24
MOTION for Leave to File A MEMORANDUM EXCEEDING TWENTY PAGES by Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou. (Pacheco, Bryan)
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Filing 23
SUMMONS Returned Executed as to Defendant Five Mile Capital Partners, LLC. Five Mile Capital Partners, LLC served on 4/8/2019, answer due 4/29/2019. (bjc)
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Filing 22
NOTICE of Appearance by Richard D Porotsky, Jr for Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou (Porotsky, Richard)
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Filing 21
NOTICE of Appearance by Alexander M Triantafilou for Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou (Triantafilou, Alexander)
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Filing 20
NOTICE of Appearance by Bryan E Pacheco for Defendants Gary Bailey, Build NKY, LLC, Build Realty, Inc., Build SWO, LLC, Cincy Construction, LLC, Cowtown Holdings, LLC, Edgar Construction, LLC, G2 Technologies, LLC, GT Financial, LLC, Greenleaf Support Services, LLC, Stephen D. King, McGregor Holdings, LLC, George Triantafilou (Pacheco, Bryan)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (Attachments: #1 Exhibit A, #2 Exhibit B - Declaration of Patrick L. Robson, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3) (Cox, Jeffrey)
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Filing 18
Clerk's CERTIFICATE of Mailing re #1 Complaint and #17 Summons Issued. (eh)
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Filing 17
Summons Issued as to Five Mile Capital Partners, LLC, Smith, Graham & Co. Investment Advisors, LP. (eh)
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Filing 16
WAIVER OF SERVICE Returned Executed. Waiver sent to G2 Technologies, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 15
WAIVER OF SERVICE Returned Executed. Waiver sent to Stephen D. King on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 14
Corporate Disclosure Statement by Defendant First Title Agency, Inc.. (Galasso, Michael)
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Filing 13
NOTICE of Appearance by Michael Alan Galasso for Defendant First Title Agency, Inc. (Galasso, Michael)
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Filing 12
WAIVER OF SERVICE Returned Executed. Waiver sent to GT Financial, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher) Modified docket text on 3/12/2019 (eh).
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Filing 11
WAIVER OF SERVICE Returned Executed. Waiver sent to George Triantafilou on 2/22/2019, answer due 4/23/2019. (Finney, Christopher) Modified docket text on 3/12/2019 (eh).
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Filing 10
WAIVER OF SERVICE Returned Executed. Waiver sent to Gary Bailey on 2/22/2019, answer due 4/23/2019. (Finney, Christopher) Modified docket text on 3/12/2019 (eh).
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Filing 9
WAIVER OF SERVICE Returned Executed. Waiver sent to Build SWO, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 8
WAIVER OF SERVICE Returned Executed. Waiver sent to Build NKY, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 7
WAIVER OF SERVICE Returned Executed. Waiver sent to Cowtown Holdings, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher) Modified docket text on 3/12/2019 (eh).
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Filing 6
WAIVER OF SERVICE Returned Executed. Waiver sent to McGregor Holdings, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 5
WAIVER OF SERVICE Returned Executed. Waiver sent to Cincy Construction, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to Edgar Construction, LLC on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Filing 3
WAIVER OF SERVICE Returned Executed. Waiver sent to Build Realty, Inc. on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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Reset Deadlines: Gary Bailey answer due 4/23/2019; Cowtown Holdings, LLC answer due 4/23/2019; GT Financial, LLC answer due 4/23/2019; George Triantafilou answer due 4/23/2019. (eh)
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Filing 2
WAIVER OF SERVICE Returned Executed. Waiver sent to First Title Agency, Inc. on 2/22/2019, answer due 4/23/2019. (Finney, Christopher)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6803245), filed by Leone1, LLC, Compound Property Management LLC, R&G Cincy Investments, LLC. (Attachments: #1 Civil Cover Sheet) (Finney, Christopher)
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