Down-Lite International, Inc. v. Altbaier et al
| Down-Lite International, Inc. |
| Chad Altbaier and Paice Partners Global, LLC |
| 1:2019cv00627 |
| July 29, 2019 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Susan J Dlott |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Notice of Correction: Please disregard [FORMER DOC. 52] Reply (non motion) - filed using an incorrect ECF event. Counsel properly refiled as #53 Answer to Counterclaim. (eh) |
| Filing 53 ANSWER to #21 Answer to Complaint, Counterclaim filed by Down-Lite International, Inc.. (Roberts, Michael) |
| Filing 52 [FORMER DOC. 52 - PLEASE DISREGARD. FILED IN ERROR.] Reply re #49 Answer to Amended Complaint Plaintiff's Reply to Counterclaims by Counter Defendant Down-Lite International, Inc., Plaintiff Down-Lite International, Inc.. (Roberts, Michael) Modified docket text and document security on 9/26/2019 (eh). |
Filing 51
ORDER granting #50 Plaintiff's Motion for Extension of Time Until 9/27/2019 to File its Findings of Fact and Conclusions of Law. Based on this, Defendants are hereby GRANTED a corresponding extension until 9/27/2019 in which to file their Findings of Fact and Conclusions of Law. Signed by Magistrate Judge Stephanie K. Bowman on 9/20/2019. (km)
|
| Filing 50 MOTION for Extension of Time New date requested 9/27/2019. TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW by Plaintiff Down-Lite International, Inc.. (Roberts, Michael) |
| Filing 49 Defendants' ANSWER to #37 Amended Complaint filed by Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
|
Filing 48
ORDER that Defendants Objections to the Magistrates Opinion and Order Denying Defendants Motion to Transfer Venue (Doc. 25) are OVERRULED, and the decision is AFFIRMED. Defendants Request for Judicial Review of the Magistrates Opinion and Orders of August 6, 2019 and August 8, 2019 is DENIED.. Signed by Judge Susan J. Dlott on 9/17/19. (wam)
|
| Filing 47 Response re #39 Notice (Other) by Counter Defendant Down-Lite International, Inc., Plaintiff Down-Lite International, Inc.. (Attachments: #1 Exhibit 1 - Bradley G. Haas, Esq. Affidavit) (Roberts, Michael) |
| Filing 46 REPLY to Response to Motion re #40 MOTION for Order to Maintain Ohio as Applicable Law filed by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 41 RESPONSE in Opposition re #23 MOTION for Order to Increase Injunction Bond filed by Counter Defendant Down-Lite International, Inc., Plaintiff Down-Lite International, Inc.. (Attachments: #1 Exhibit 1, Depo at 89) (Roberts, Michael) |
| Filing 40 MOTION for Order to Maintain Ohio as Applicable Law by Counter Defendant Down-Lite International, Inc., Plaintiff Down-Lite International, Inc.. (Roberts, Michael) |
| Filing 39 NOTICE by Defendants Chad Altbaier, Paice Partners Global, LLC of Filing Defendants' Memorandum of Law in Support of Application of California Law (Bennett, Rebecca) |
| Filing 38 RESPONSE in Opposition re 29 SEALED MOTION to Plaintiff's Motion to Compel and Motion to Show Cause filed by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 37 AMENDED COMPLAINT against Chad Altbaier, Paice Partners Global, LLC, filed by Down-Lite International, Inc.. (Roberts, Michael) |
| Filing 36 RESPONSE in Opposition re #27 Objection to Magistrate Judge Order filed by Counter Defendant Down-Lite International, Inc., Plaintiff Down-Lite International, Inc.. (Roberts, Michael) |
|
Filing 35
ORDER re discovery dispute as discussed on the record at the preliminary injunction hearing on 8/29/2019 and further outlined in the parties' email to the undersigned on 8/30/2019. The Court rules as follows: The subpoena to Verizon shall request all call and text information from 5/1/2019, through the date of production with all documents to be produced by Verizon directly to Defendants' Counsel. Within seven (7) days of receipt of the records, Defendants' counsel shall review and produce to Plaintiff's counsel all documents other than those it identifies on a privilege log as being privileged or not discoverable under Fed. R. Civ. P. 26. Any disputes concerning documents identified on the privilege log will be resolved through an in camera inspection by the Court. At either party's request, the parties will consent to a different magistrate judge or a special master appointed by the Court, to conduct the inspection, given that Magistrate Judge Bowman is serving as fact-finding judge. Signed by Magistrate Judge Stephanie K. Bowman on 8/30/2019. (km)
|
| NOTICE vacating the Telephone Conference set for 8/30/2019 at 2:00 PM before Magistrate Judge Stephanie K. Bowman, pursuant to the Court's Order of 8/30/2019 #35 and at the request of the parties. (km) |
| Filing 34 Exhibit and Witness List from the Preliminary Injunction Hearing held 8/26/2019 - 8/29/2019 before Magistrate Judge Stephanie K. Bowman. (km) |
| Filing 33 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Preliminary Injunction Hearing (Day 4) held on 8/29/2019. Defendants' witnesses continued and completed. Defendants rest. Plaintiff's rebuttal witnesses called and completed. Defendant makes closing arguments to the Court. Exhibits admitted. Cross-briefs on choice of law due by 9/6/2019. Responses due 9/16/2019. Proposed Findings of Fact and Conclusions of Law are due 7 days after the filing of transcript. Follow-up telephone conference re: discovery issues set for 8/30/19 at 2:00 PM. Upon oral motions of the parties, the Court grants counsel leave to access the sealed transcript of this matter. (Court Reporter: Sue Lopreato (Official)) (km) |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Preliminary Injunction Hearing (Day 3) held on 8/28/2019. Plaintiff's witnesses continued and completed. Plaintiff rests. Defendants' witnesses called but not completed. Court in recess until 8/29/2019 at 9:30 AM. (Court Reporter: Sue Lopreato (Official)) (km) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Preliminary Injunction Hearing (Day 2) held on 8/27/2019. Witness testimony continued but not completed. Court in recess until 8/28/2019 at 9:00 AM. (Court Reporter: Sue Lopreato (Official)) (km) |
| Filing 30 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Preliminary Injunction Hearing (Day 1) held on 8/26/2019. Opening statements of counsel heard. Testimony heard but not completed. Court in recess until 8/27/2019 at 8:30 AM. The Court orders that any transcripts of these proceedings shall be filed under seal. (Court Reporter: Sue Lopreato (Official)) (km) |
| Filing 28 MOTION to File Document Under Seal by Plaintiff Down-Lite International, Inc.. (Roberts, Michael) |
|
NOTATION ORDER granting #28 Plaintiff's Motion to File Motion Under Seal. Plaintiff shall electronically file via CM/ECF its motion to show cause under seal. Signed by Magistrate Judge Stephanie K. Bowman on 8/23/2019. (km)
|
| Filing 27 MOTION Request for Judicial Review of the Magistrate's Opinion and Orders of August 6, 2019 and August 8, 2019 re #15 Order on Motion to Change Venue, #17 Order on Motion to Vacate, Order on Motion for Miscellaneous Relief by Defendants Chad Altbaier, Paice Partners Global, LLC. (Lacks, Monica) Modified on 8/23/2019 (jlw). |
|
Filing 26
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephanie K. Bowman on 8/21/2019. (km)
|
| Filing 25 Objection to Magistrate Judge Orderre #15 Order on Motion to Change Venue by Defendants Chad Altbaier, Paice Partners Global, LLC. (Lacks, Monica) |
| Filing 24 Proposed STIPULATED PROTECTIVE ORDER by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) Modified docket text on 8/21/2019 (eh). |
| Filing 23 MOTION for Order to Increase Injunction Bond by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 21 Defendants' ANSWER to #4 Complaint , COUNTERCLAIM against Down-Lite International, Inc. filed by Paice Partners Global, LLC, Chad Altbaier. (Bennett, Rebecca) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Discovery Conference re: discovery dispute as to an external hard drive held on 8/14/2019. Attorney Michael Roberts appeared on behalf of Plaintiff. Attorney Rebecca Bennett appeared on behalf of Defendants. Chad Altbaier is to send, via overnight mail, for delivery on 8/15/2019, the external hard drive in question to his counsel, who will promptly make an exact copy and electronically provide it to Plaintiff's counsel for his eyes only on 8/15/2019. Plaintiff's counsel to send protective order draft to Defendants' counsel with a carbon copy to Magistrate Judge Bowman. (km) |
| Filing 20 NOTICE of Hearing: Preliminary Injunction Hearing set for 8/26/2019 09:00 AM in Courtroom 701 before Magistrate Judge Stephanie K. Bowman. (km) |
| Filing 19 NOTICE by Plaintiff Down-Lite International, Inc. of Filing Transcript of TRO Proceeding Held in Northern District of California (Attachments: #1 Exhibit A) (Roberts, Michael) |
|
Filing 18
ORDER - the temporary restraining order entered 7/22/2019, which was previously extended, by agreement of the parties, to 8/7/2019 or until further order of the Court #12 is hereby EXTENDED until such time as the hearing on the preliminary injunction is concluded. Signed by Magistrate Judge Stephanie K. Bowman on 8/8/2019. (km)
|
|
Filing 17
OPINION AND ORDER denying #3 Defendants' Motion to Dissolve Temporary Restraining Order and Vacate Expedited Discovery Order and Hearing Date. Signed by Magistrate Judge Stephanie K. Bowman on 8/8/2019. (km)
|
| Filing 16 NOTICE by Plaintiff Down-Lite International, Inc. re #13 Response in Opposition to Motion, #15 Order on Motion to Change Venue of Filing Civil Minutes of TRO Proceeding Held in N.D. California case (Attachments: #1 N.D. CA Civil Minutes) (Roberts, Michael) |
|
Filing 15
OPINION AND ORDER denying #8 Defendants' Motion to Transfer Venue and Consolidate. Signed by Magistrate Judge Stephanie K. Bowman on 8/6/2019. (km)
|
| Filing 14 REPLY to Response to Motion re #8 MOTION to Change Venue and Consolidate filed by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 13 RESPONSE in Opposition re #8 MOTION to Change Venue and Consolidate filed by Plaintiff Down-Lite International, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Roberts, Michael) |
|
NOTATION ORDER granting #11 Defendants' Unopposed Motion for Extension of Time Until 8/12/2019 to Answer, Move or Otherwise Respond to Plaintiff's Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 8/6/2019. (km)
|
|
Filing 12
ORDER - the temporary restraining order entered on 7/22/2019, which is set to expire by its own terms today, 8/5/2019, is hereby extended, by agreement of the parties, to 8/7/2019 or until further order of this Court. Signed by Magistrate Judge Stephanie K. Bowman on 8/5/2019. (km)
|
| Filing 11 Unopposed MOTION for Extension of Time to File Answer re #4 Complaint New date requested 8/12/2019. by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 8/5/2019. Attorney Michael Roberts appeared on behalf of Plaintiff. Attorney Rebecca Bennett appeared on behalf of Defendants. Plaintiff to respond to motion to change venue #8 by 10:00 AM on 8/6/2019. Defendants to file any reply by 1:00 PM on 8/6/2019. Preliminary Injunction hearing to be held on 8/7/2019 at 11:00 AM. (km) |
| Filing 9 RESPONSE in Opposition re #3 MOTION to Vacate #1 Notice of Removal, filed by Plaintiff Down-Lite International, Inc.. (Attachments: #1 FedEx Delivery Confirmations) (Roberts, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Settlement Conference held on 8/2/2019. Mediator's Proposal sent via email to counsel. Response due by Monday, 8/5/2019 at 3:00 PM EDT. (km) |
| Filing 8 MOTION to Change Venue and Consolidate by Defendants Chad Altbaier, Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 7 Notice of Settlement Conference: Telephonic Settlement Conference set for 8/2/2019 at 11:00 AM before Magistrate Judge Stephanie K. Bowman. THE PARTIES SHALL CALL INTO THE CONFERENCE AT THE FOLLOWING: TELEPHONE NO.: 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 7/31/2019. Attorney Michael Roberts appeared on behalf of Plaintiff. Attorney Rebecca Bennett appeared on behalf of Defendants. Plaintiff to respond to Defendants' motion to dissolve TRO #3 on or before 8/6/2019 at 6:00 PM. A preliminary injunction hearing and argument on Defendants' motion #3 , if necessary, to be held on 8/7/2019 at 11:00 AM. Defendants' counsel to inform Plaintiff's counsel and the Court if Defendant is available/willing to mediate the matter on 8/2/2019. (km) |
|
Filing 6
ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman. Signed by Judge Susan J. Dlott on 7/30/2019. (jlw)
|
| Filing 5 NOTICE by Defendants Chad Altbaier, Paice Partners Global, LLC re #1 Notice of Removal, #3 MOTION to Vacate #1 Notice of Removal, , #2 Corporate Disclosure Statement of Filing Revised Certificate of Service (Bennett, Rebecca) |
| Filing 4 COMPLAINT with JURY DEMAND originally filed 7/19/2019 in Hamilton County Court of Common Pleas (Case No. A1903436) by Down-Lite International, Inc. against Chad Altbaier, Paice Partners Global, LLC. (Attachments: #1 Ex. 1-4) (eh) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw) |
| Filing 3 MOTION to Dissolve Temporary Restraining Order and Vacate Expedited Discovery Order and Hearing Date by Defendants Chad Altbaier, Paice Partners Global, LLC. (Attachments: #1 Exhibit Declaration of Chad Altbaier) (Bennett, Rebecca) (Additional attachment(s) added on 7/30/2019: #2 Exhibit Declaration of Chad Altbaier *re-attached) (eh). Added MOTION on 7/30/2019 (eh). |
| Filing 2 Corporate Disclosure Statement by Defendant Paice Partners Global, LLC. (Bennett, Rebecca) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Common Pleas Court, case number A 1903436 ( Filing fee $ 400 paid - receipt number: 0648-7034493), filed by Paice Partners Global, LLC. (Attachments: #1 Exhibit A - State Court Filings, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet) (Bennett, Rebecca) (Additional attachment(s) added on 7/30/2019: #4 Ex. A - State Court Filings *re-attached) (eh). Modified on 7/30/2019 (eh). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
