Allied Feather and Down Corp. v. Down-lite International, Inc.
Plaintiff: Allied Feather and Down Corp.
Defendant: Down-Lite International, Inc. and Does 1 through 10, inclusive
Case Number: 1:2020cv00516
Filed: July 2, 2020
Court: US District Court for the Southern District of Ohio
Presiding Judge: Susan J Dlott
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2020 Opinion or Order Filing 49 ORDER granting {109) Motion to lift stay and schedule a rule 16 conference. A status and scheduling conference in these consolidated cases will be held 9/2/2020 at 10:00 a.m. by telephone. Signed by Judge Susan J. Dlott on 8/26/2020. Associated Cases: 1:19-cv-00627-SJD, 1:20-cv-00516-SJD (wam) Modified docket text on 8/27/2020 (eh).
August 11, 2020 Opinion or Order Filing 48 ORDER granting (108) Motion to Consolidate Cases in case 1:19-cv-00627-SJD; granting #40 Motion to Consolidate Cases in case 1:20-cv-00516-SJD. ALL SUBSEQUENT FILINGS SHALL BE MADE ONLY IN CASE NO. 1:19CV627. Signed by Judge Susan J. Dlott on 8/11/20. (eh)
July 29, 2020 Opinion or Order NOTATION ORDER granting #46 Motion for Leave to Appear Pro Hac Vice of Michael A. Sigall; granting #47 Motion for Leave to Appear Pro Hac Vice of Matthew X. Oster as CO-COUNSEL in this matter ONLY. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Susan J. Dlott on 7/29/20. (eh)
July 28, 2020 Minute Entry for proceedings held before Judge Susan J. Dlott: Telephonic Status Conference held on 7/28/2020. (Court Reporter: Lisa Conley-Yungblut) (wam)
July 28, 2020 Filing 47 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7576904) of Matthew X. Oster by Plaintiff Allied Feather and Down Corp.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Troutman, Mark)
July 28, 2020 Filing 46 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7576863) of Michael A. Sigall by Plaintiff Allied Feather and Down Corp.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Troutman, Mark)
July 28, 2020 Filing 45 Proposed Stipulated Protective Order by Defendant Down-Lite International, Inc., Plaintiff Allied Feather and Down Corp. (Roberts, Michael) Modified docket text and terminated motion on 7/29/2020 (eh).
July 28, 2020 Filing 44 RULE 26(f) REPORT -JOINT DISCOVERY PLAN by Counter Claimant Down-Lite International, Inc., Defendant Down-Lite International, Inc.. (Roberts, Michael)
July 22, 2020 Filing 43 ANSWER to #15 Amended Counterclaim, [Answer to Amended Counterclaim] filed by Allied Feather and Down Corp.. (Troutman, Mark) Modified Document Link and Docket Text on 7/23/2020 (bjc).
July 15, 2020 Filing 42 NOTICE of Appearance by Shawn Kincade Judge for Plaintiff Allied Feather and Down Corp. (Judge, Shawn)
July 15, 2020 Filing 41 NOTICE of Appearance by Mark H Troutman for Plaintiff Allied Feather and Down Corp. (Troutman, Mark)
July 13, 2020 Filing 40 MOTION to Consolidate Cases by Defendant Down-Lite International, Inc.. (Roberts, Michael)
July 8, 2020 Opinion or Order Filing 39 ORDER by Judge Susan J. Dlott denying #17 Motion to Dismiss amended counterclaims. (vp)
July 7, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion to Withdraw as Attorney. Attorney Ashley E Roybal; Jeffrey M Fisher and Eugene Y Mar terminated. Signed by Judge Susan J. Dlott on 07/07/2020. (bjc)
July 6, 2020 Filing 37 MOTION to Withdraw as Attorney by Counter Claimants Down-Lite International, Inc., Down-Lite International, Inc., Defendant Down-Lite International, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order regarding Motion to Withdrawal as Counsel) (Roberts, Michael)
July 2, 2020 Filing 36 NOTICE of Appearance by Darren William Ford for Defendant Down-Lite International, Inc. (Ford, Darren)
July 2, 2020 Filing 35 NOTICE of Appearance by Michael A Roberts for Defendant Down-Lite International, Inc. (Roberts, Michael)
July 2, 2020 Filing 34 Case transferred in from District of California Central; Case Number 2:20-cv-01938. Original file electronic copy of transfer order and docket sheet received.
July 2, 2020 Judge Susan J. Dlott added. (er)
July 2, 2020 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
June 30, 2020 Opinion or Order Filing 33 (IN CHAMBERS) ORDER RE DOWN-LITE INTERNATIONAL INC.'S MOTION TO TRANSFER, DISMISS, OR STAY (DKT. #16 )by Judge John A. Kronstadt: The Motion is GRANTED and the action is TRANSFERRED to the Western Division of the Southern District of Ohio. Therefore, the Motion to Dismiss is properly considered by the Southern District of Ohio. (MD JS-6. Case Terminated.) Case transferred electronically. (jp) Modified on 6/30/2020 (jp). [Transferred from California Central on 7/2/2020.]
June 15, 2020 Filing 32 DOWN-LITE INTERNATIONAL, INC.'S MOTION TO TRANSFER, DISMISS, OR STAY (DKT. #16 ) ALLIED FEATHER AND DOWN CORP.'S MOTION TO DISMISS DOWN-LITE INTERNATIONAL, INC.'S AMENDED COUNTERCLAIM (DKT. #17 ) before Judge John A. Kronstadt: The Court takes the Transfer Motion UNDER SUBMISSION and a ruling will be issued. The Court DEFERS ruling on the MTD pending resolution of the Transfer Motion. If the Transfer Motion is denied, then the Court will determine whether to schedule a hearing on the MTD or take it under submission. Court Reporter: Lisa Gonzalez. (jp) [Transferred from California Central on 7/2/2020.]
June 15, 2020 Filing 31 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Cernick, Esq. may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Counter Claimants Down-lite International, Inc., Down-lite International, Inc., Defendant Down-lite International, Inc. (Attachments: #1 Exhibit)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
June 11, 2020 Opinion or Order Filing 30 (IN CHAMBERS) ORDER REGARDING TELEPHONIC HEARING ON DEFENDANT'S MOTION TO TRANSFER, DISMISS OR STAY (DKT. #16 ) AND PLAINTIFF'S MOTION TO DISMISS AMENDED COUNTERCLAIM (DKT. #17 ) by Judge John A Kronstadt: In light of the current limitations in place during the COVID-19 pandemic, counsel are advised that the hearing set for Monday, June 15, 2020 will proceed by telephone only. No in-person appearances will be allowed. Further, the TIME for the hearing is changed to 10:30 a.m. Counsel who plan to attend the hearing must email the Deputy Clerk at Cheryl_Wynn@cacd.uscourts.gov by no later than Noon on Friday, June 12, 2020 to receive telephonic instructions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY [Transferred from California Central on 7/2/2020.]
June 4, 2020 Opinion or Order Filing 29 ORDER/REFERRAL to ADR Procedure No. 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than November 6, 2020. Report due November 13, 2020. Status Conference set for November 23, 2020 11:30 AM before Judge John A. Kronstadt. (droj) [Transferred from California Central on 7/2/2020.]
June 1, 2020 Opinion or Order Filing 28 PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order #26 . (see document for details) (hr) [Transferred from California Central on 7/2/2020.]
May 29, 2020 Opinion or Order Filing 27 (IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #14 ) by Judge John A. Kronstadt: The Court has reviewed the parties' 5/6/2020 Joint Report #25 and sets the following deadlines: Deadline to file joint report regarding agreed upon private neutral: 6/15/2020. Last day to amend or add parties: 7/1/2020. Last day to participate in a settlement conference/mediation: 11/6/2020. Last day to file notice of settlement/joint report re settlement: 11/13/2020. Post Mediation Status Conference: 11/23/2020 at 11:30 AM. Non-Expert Discovery Cut-Off: 1/29/2021. Initial Expert Disclosures: 2/12/2021. Rebuttal Expert Disclosures: 2/26/2021. Expert Discovery Cut-Off: 3/4/2021. Last day to file All Motions (including discovery motions): 3/11/2021. (jp) [Transferred from California Central on 7/2/2020.]
May 27, 2020 Filing 26 Joint STIPULATION for Protective Order filed by Plaintiff & Counterclaimant Down-lite International, Inc.(an Ohio corporation). (Attachments: #1 Proposed Order [Proposed] Protective Order)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
May 6, 2020 Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 DAYS, filed by Plaintiff Allied Feather and Down Corp... (Sigall, Michael) [Transferred from California Central on 7/2/2020.]
May 6, 2020 Filing 24 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Defendant/Counter-Claimant Down-Lite International, Inc.'s Amended Counterclaim #17 filed by Plaintiff Allied Feather and Down Corp.. (Attachments: #1 Declaration DECLARATION OF MICHAEL SIGALL IN SUPPORT OF ALLIED FEATHER & DOWN CORP.S REPLY TO MOTION TO DISMISS DOWN-LITE INTERNATIONAL, INC.S AMENDED COUNTERCLAIM, #2 Proposed Order [PROPOSED] ORDER GRANTING ALLIED FEATHER & DOWN CORP.S MOTION TO DISMISS DOWN-LITE INTERNATIONAL, INC.S AMENDED COUNTERCLAIM)(Sigall, Michael) [Transferred from California Central on 7/2/2020.]
May 1, 2020 Filing 23 NOTICE OF ERRATA filed by Counter Claimants Down-lite International, Inc., Down-lite International, Inc., Defendant Down-lite International, Inc.. correcting Response in Opposition to Motion, #21 (Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
April 30, 2020 Filing 22 REPLY NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio , Dismiss or Stay #16 (Corrected) filed by Counter Claimants Down-lite International, Inc., Down-lite International, Inc., Defendant Down-lite International, Inc.. (Attachments: #1 Declaration of Ashley Roybal-Reid)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
April 30, 2020 Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio , Dismiss or Stay #16 filed by Counter Claimants Down-lite International, Inc., Down-lite International, Inc., Defendant Down-lite International, Inc.. (Attachments: #1 Declaration of Ashley Roybal-Reid)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
April 29, 2020 Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant/Counter-Claimant Down-Lite International, Inc.'s Amended Counterclaim #17 filed by Counter Claimants Down-lite International, Inc., Down-lite International, Inc., Defendant Down-lite International, Inc.. (Attachments: #1 Declaration DECLARATION OF ASHLEY ROYBAL-REID IN SUPPORT OF DOWN-LITE INTERNATIONAL, INC.S OPPOSITION TO ALLIED LIGHT & FEATHER CORP.S MOTION TO DISMISS DOWN-LITES AMENDED COUNTER-CLAIM, #2 Proposed Order [PROPOSED] ORDER DENYING ALLIED LIGHT & FEATHER CORP.S MOTION TO DISMISS DOWN-LITE INTERNATIONAL, INC.S AMENDED COUNTER-CLAIM)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
April 16, 2020 Filing 19 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio , Dismiss or Stay #16 filed by Plaintiff Allied Feather and Down Corp.. (Attachments: #1 Declaration Declaration of Matthew Oster in Support of Allied Feather and Down Corp.'s Opposition to Down-Lite International, Inc.'s Motion to Transfer, Dismiss, or Stay)(Sigall, Michael) [Transferred from California Central on 7/2/2020.]
April 15, 2020 Filing 18 NOTICE of Interested Parties filed by Plaintiff/Counter-Defendant Allied Feather and Down Corp., identifying Allied Feather & Down Corp.; Down-lite International, Inc.; Chad Altbaier; Paice Global Partners, LLC. (Sigall, Michael) [Transferred from California Central on 7/2/2020.]
April 15, 2020 Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Defendant/Counter-Claimant Down-Lite International, Inc.'s Amended Counterclaim filed by Plaintiff/Counter-Defendant Allied Feather and Down Corp.. Motion set for hearing on 6/15/2020 at 08:30 AM before Judge John A. Kronstadt. (Sigall, Michael) [Transferred from California Central on 7/2/2020.]
March 26, 2020 Filing 16 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio , Dismiss or Stay filed by Defendant and Counterclaimaint Down-lite International, Inc.(an Ohio corporation). Motion set for hearing on 6/15/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T) (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
March 25, 2020 Filing 15 FIRST AMENDED COUNTERCLAIM against Plaintiff and Counter Defendant Allied Feather and Down Corp. amending Counterclaim, #13 , Complaint - (Discovery) ; JURY DEMAND, filed by Defendant and Counterclaimant Down-lite International, Inc.(an Ohio corporation) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mar, Eugene) [Transferred from California Central on 7/2/2020.]
March 6, 2020 Opinion or Order Filing 14 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 5/22/2020. (cw) [Transferred from California Central on 7/2/2020.]
March 4, 2020 Filing 13 COUNTERCLAIM against Plaintiff and Counter Defendant Allied Feather and Down Corp.; Jury Demand, filed by Defendant and Counterclaimant Down-lite International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
March 4, 2020 Filing 12 ANSWER to Complaint - (Discovery) filed by Defendant and Counterclaimant Down-lite International, Inc..(Roybal, Ashley) [Transferred from California Central on 7/2/2020.]
March 4, 2020 Opinion or Order Filing 11 ORDER STRIKING ANSWER / COUNTERCLAIM (DKT. #8 ) by Judge John A. Kronstadt. The Answer / Counterclaim is STRICKEN for failure to comply with paragraph 12 of the Court's Standing Order. Counsel may re-file by March 5, 2020. (cw) [Transferred from California Central on 7/2/2020.]
March 4, 2020 Opinion or Order Filing 10 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw) [Transferred from California Central on 7/2/2020.]
March 4, 2020 Filing 9 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), #1 filed by Counter Claimant Down-lite International, Inc., Defendant Down-lite International, Inc.. (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
March 3, 2020 Filing 8 **STRICKEN** ANSWER to Complaint - (Discovery) with JURY DEMAND , COUNTERCLAIM against Allied Feather and Down Corp. filed by Defendant Down-lite International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Roybal, Ashley) Modified on 3/4/2020 (cw). [Transferred from California Central on 7/2/2020.]
March 3, 2020 Filing 7 PROOF OF SERVICE filed by Defendant Down-lite International, Inc., re Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on March 3, 2020. (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
February 28, 2020 Filing 6 NOTICE OF ERRATA filed by Defendant Down-lite International, Inc.. correcting Notice of Removal (Attorney Civil Case Opening), #1 (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
February 28, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 7/2/2020.]
February 28, 2020 Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Autumn D. Spaeth. (esa) [Transferred from California Central on 7/2/2020.]
February 27, 2020 CONFORMED COPY OF COMPLAINT against defendants Does, Down-lite International, Inc., filed by plaintiff Allied Feather and Down Corp. (filed in state court 1/30/20, submitted as document 1, attachment 1) (esa) [Transferred from California Central on 7/2/2020.]
February 27, 2020 Filing 3 CERTIFICATE of Interested Parties filed by Defendant Down-lite International, Inc., identifying Down-lite International, Inc., Allied Feather & Down Corp., Chad Altbaier, Paice Global Partners, LLC. (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
February 27, 2020 Filing 2 CIVIL COVER SHEET filed by Defendant Down-lite International, Inc.. (Mar, Eugene) [Transferred from California Central on 7/2/2020.]
February 27, 2020 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV03986 Receipt No: ACACDC-25541193 - Fee: $400, filed by Defendant Down-lite International, Inc.. (Attachments: #1 Exhibit Exhibit A - Complaint) (Attorney Eugene Y Mar added to party Down-lite International, Inc.(pty:dft))(Mar, Eugene) [Transferred from California Central on 7/2/2020.]

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Defendant: Down-Lite International, Inc.
Represented By: Darren William Ford
Represented By: Michael A Roberts
Represented By: Ashley E Roybal
Represented By: Jeffrey M Fisher
Represented By: Eugene Y Mar
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Defendant: Does 1 through 10, inclusive
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Plaintiff: Allied Feather and Down Corp.
Represented By: Matthew X Oster
Represented By: Michael Alexander Sigall
Represented By: Shawn Kincade Judge
Represented By: Matthew X. Oster
Represented By: Mark H Troutman
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