O'Brien Enterprises, LLC et al v. B&B Franchising LLC et al
| A&A Enterprises, LLC and O'Brien Enterprises, LLC |
| Jani-King Franchising, Inc., Jani-King International, Inc., Jani-King, Inc. and B&B Franchising LLC |
| 1:2020cv00466 |
| June 11, 2020 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 RULE 26(f) REPORT JOINT DISCOVERY PLAN by Plaintiffs A&A Enterprises, LLC, O'Brien Enterprises, LLC. (Harman, David) |
| Filing 12 NOTICE of Appearance by David C Harman for Plaintiffs A&A Enterprises, LLC, O'Brien Enterprises, LLC (Harman, David) |
| Filing 11 RESPONSE in Opposition re #7 MOTION to Dismiss Count IV of Plaintiffs' Class Action Complaint filed by Plaintiffs A&A Enterprises, LLC, O'Brien Enterprises, LLC. (Abaray, Janet) |
| Filing 10 Corporate Disclosure Statement by Defendant Jani-King Franchising, Inc.. (Sayre, Russell) |
| Filing 9 Corporate Disclosure Statement by Defendant Jani-King, Inc.. (Sayre, Russell) |
| Filing 8 Corporate Disclosure Statement by Defendant Jani-King International, Inc.. (Sayre, Russell) |
| ****DISREGARD - ISSUED IN ERROR****NOTICE of Hearing: Please be aware that the Fairness Hearing set for 10/5/20 is RESET to 11/9/2020 at 01:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) Modified on 7/17/2020 (ba). |
| Notice of Correction re: Notice of Hearing: Please be aware that the Notice issued setting this matter for a fairness hearing on 11/9/20 was issued in error by the Clerk and should be disregarded. (ba) |
| NOTICE of Deadline: Rule 26(f) Report due by 8/7/2020. 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) |
| Filing 7 MOTION to Dismiss Count IV of Plaintiffs' Class Action Complaint by Defendants Jani-King Franchising, Inc., Jani-King International, Inc., Jani-King, Inc.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Sayre, Russell) |
| Filing 6 ANSWER to #3 Complaint, with Jury Demand Defendant's Answer and Affirmative Defenses with Jury Demand Endorsed Hereon filed by B&B Franchising LLC. (O'Connor, Brian) |
Notation order: This matter is before the Court on Plaintiffs' and Jani-King Defendants' filing titled #5 "Stipulation on Answer Date Calculation." The parties assert that their prior 28-day state court stipulation applies in this Court, "[p]ursuant to Civ. R. 82(c)(2)(C), Defendants original answer date was extended by 7 days moving their answer date from June 12 to June 18, and, "[t]hus, Defendants will have up to and including July 16, 2020, to move, answer, or otherwise plead in response to Plaintiffs' Class Action Complaint" in this Court. Id. The Court believes that the parties meant to cite Federal Rule of Civil Procedure 81(c)(2)(C) and does not read that Rule as extending the Jani-King Defendants' answer date by 7 days upon removal. See Fed. R. Civ. P. 81(c)(2)(C). The Court will construe the parties filing as a joint Motion to Extend the time for the Jani-King Defendants to answer or otherwise respond to Plaintiffs Complaint. It is hereby ORDERED that the Court GRANTS the parties' #5 Motion and the Jani-King Defendants have up to and including July 16, 2016 to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Michael R. Barrett on 7/8/2020. (ba)
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| Filing 5 STIPULATION On Answer Date Calculation by Defendant Jani-King Franchising, Inc.. (Bryan, Beth) |
| Filing 4 NOTICE by Defendant B&B Franchising LLC re #1 Notice of Removal, Civil Cover Sheets (O'Connor, Brian) |
| Filing 3 COMPLAINT with JURY DEMAND originally filed 5/8/2020 in Hamilton County Court of Common Pleas (Case No. A2001829) by O'Brien Enterprises, LLC, A&A Enterprises, LLC against B&B Franchising LLC, Jani-King Franchising, Inc., Jani-King International, Inc., Jani-King, Inc. (Attachments: #1 Ex. A-B) (eh) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) |
| Filing 2 Corporate Disclosure Statement by Defendant B&B Franchising LLC. (O'Connor, Brian) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A2001829 ( Filing fee $ 400 paid - receipt number: 0648-7506934), filed by B&B Franchising LLC. (Attachments: #1 Exhibit A - Complaint & Summons, #2 Exhibit B - Other State Court Filings) (O'Connor, Brian) |
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