Integrity Business Partners, LLC v. Autumn Ridge Consulting Inc. et al
Plaintiff: Integrity Business Partners, LLC
Defendant: Servilleta Marketing Inc., Cliffside Marketing Inc. and Barnwell Terrace Inc.
Cross Claimant: Lechuza Inc., Castlewood Consulting Inc., Crystal River Inc., FIT Marketing Inc., Duchess Consulting Inc., Larkspur Springs Inc., Ridgely Marketing Inc., Gina M. Stagnitto, Autumn Ridge Consulting Inc., Sunol Crossing Marketing Inc. and Rhinebeck Marketing Inc.
Cross Defendant: Fifth Third Bank and WorldPay
Counter Claimant: Eagle View Inc. and Bowery Inc.
Counter Defendant: SimplePay and Raymond Zak
Case Number: 1:2021cv00162
Filed: March 8, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Michael R Barrett
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1442 Petition for Removal- Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2023 Opinion or Order Filing 119 MOTION to Withdraw as Attorney by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order) (Durst, Alexander)
October 19, 2023 Opinion or Order Filing 118 MOTION for Summary Judgment by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Defendants' Statement of Undisputed Facts in Support of Their Motion for Summary Judgment) (Durst, Alexander)
October 18, 2023 Opinion or Order NOTICE of Hearing: Please be aware that the settlement conference set for 10/13/2023 has been RESET for 11/28/2023 at 1:30 PM in chambers, Room 239, before Judge Michael R. Barrett. The Court may conduct ex parte 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. (kkz)
October 12, 2023 Opinion or Order Filing 117 NOTICE by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. Notice of Name Change of Firm of Counsel for Defendants (Durst, Alexander)
October 11, 2023 Opinion or Order NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the settlement conference set for 10/13/2023 is hereby terminated. To be reset on a date to be determined. (kkz)
September 28, 2023 Opinion or Order Filing 116 MOTION for Leave to File Worldpay, LLC's Motion for Leave to File Crossclaim by Cross Defendants Fifth Third Bank, WorldPay, WorldPay. (Attachments: #1 Exhibit Proposed Crossclaim) (Weigand, Stephen)
September 13, 2023 Opinion or Order NOTICE of Hearing: Please be aware that a settlement conference is set for 10/13/2023 at 10:00 AM in chambers, Room 239, before Judge Michael R. Barrett; parties shall provide the Court with a limited 5-page ex parte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 10/1/2023. The Court may conduct ex parte 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. (kkz)
September 6, 2023 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/6/2023; James Birch appeared for Plaintiffs; Alex Durst appeared for sub merchant Defendants; Stephen Weigand and Morgan Napier appeared for WorldPay Defendants; Parties agree to the following deadlines: Discovery due by 1/16/2024; Dispositive Motions due by 2/20/2024; Court to follow up regarding availability of proposed settlement conference dates; parties shall provide the Court with a limited 5-page ex parte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 10/1/2023. The Court may conduct ex parte 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. (kkz) (kkz)
August 21, 2023 Opinion or Order NOTICE of Hearing: Please be aware that the Status Conference set for 8/24/2023 has been RESET for 9/6/2023 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
July 10, 2023 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/10/2023; James Birch appeared for plaintiff; Alexander Durst appeared for defendants; Morgan Napier and Stephen Weigand appeared for cross defendants Fifth Third Bank and World Pay; case matters discussed; Status Conference set for 8/24/2023 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
June 22, 2023 Opinion or Order Filing 115 ORDER - This matter is before the Court on the agreed order of dismissal with prejudice between Defendants/Counterclaim-Plaintiffs Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., Fit Marketing, Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Sunol Crossing Marketing Inc. (collectively, Sub-Merchants), Worldpay, LLC (Worldpay), and Fifth Third Bank, National Association (Fifth Third).1 Pursuant to that agreement, all of Sub-Merchants claims against Worldpay or Fifth Third are hereby DISMISSED with prejudice. Signed by Judge Michael R. Barrett on 06/22/2023. (bjc)
June 21, 2023 Opinion or Order NOTICE of Hearing: Please be aware that the Status Conference set for 6/22/2023 has been RESET to 7/10/2023 at 10:00AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (zmc)
May 18, 2023 Opinion or Order NOTICE of Hearing: Please be aware that the Status Conference set for 6/7/2023 has been RESET to 6/22/2023 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
May 17, 2023 Opinion or Order Filing 114 NOTICE of Change of Address by Alexander Jacob Durst (Durst, Alexander)
May 15, 2023 Opinion or Order NOTICE of Hearing: Please be aware that a Status Conference is set for 6/7/2023 at 10:00 AM before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
December 16, 2022 Opinion or Order Filing 113 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Integrity Business Partners, LLC. (Farrish, Craig)
December 15, 2022 Opinion or Order Filing 112 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Integrity Business Partners, LLC. (Farrish, Craig)
December 15, 2022 Opinion or Order Notation Order: It is hereby ORDERED that IBP SHALL immediately file Notice with the Court of IBP's compliance with the Courts November 21, 2022 Order granting Sub-Merchants and Stagnitto's Motion for a Preliminary Injunction against IBP. See (Doc. 108 PageID 2985). Signed by Judge Michael R. Barrett on 12/15/2022. (kkz)
December 13, 2022 Opinion or Order Filing 111 ANSWER to #110 Crossclaim filed by Fifth Third Bank, WorldPay. (Weigand, Stephen)
November 23, 2022 Opinion or Order Filing 110 CROSSCLAIM against WorldPay, filed by Integrity Business Partners, LLC. (Attachments: #1 Exhibit Original Complaint) (Farrish, Craig)
November 22, 2022 Opinion or Order Filing 109 [FILED IN ERROR, PLEASE DISREGARD] MOTION for Leave to File by Plaintiff Integrity Business Partners, LLC. (Attachments: #1 Exhibit Original Complaint) (Farrish, Craig) Modified Docket Text and Security on 11/22/2022 (bjc).
November 22, 2022 Opinion or Order Notice of Correction re: #109 MOTION for Leave to File , this document appears to be filed incorrectly as a motion. The filer has been contacted and is to re-file the document using the correct filing event. (bjc)
November 21, 2022 Opinion or Order Filing 108 ORDER granting #21 Sub-Merchants and Stagnitto's Motion for Preliminary Injunction against IBP. Signed by Judge Michael R. Barrett on 11/21/2022. (kkz)
November 18, 2022 Opinion or Order Filing 107 ORDER denying #24 Defendant Stagnitto's Motion for Sanctions. Signed by Judge Michael R. Barrett on 11/18/2022. (kkz)
November 16, 2022 Opinion or Order Filing 106 ORDER denying in part #63 IBP's "Motion to File Pleading (Crossclaim)" with respect to the proposed breach of contract, tortious interference with a business relationship, and unjust enrichment crossclaims, and granting in part, with respect to the breach of settlement agreement crossclaim. IBP SHALL file a Complaint with a crossclaim that complies with this Order within seven (7) days of the date of the issuance of this Order. Signed by Judge Michael R. Barrett on 11/16/2022. (kkz)
November 16, 2022 Opinion or Order Set/Reset Deadlines: Plaintiff's Complaint with crossclaim due by 11/23/2022. (kkz)
October 17, 2022 Opinion or Order Filing 105 Reply to Court's Order by Counter Defendant Integrity Business Partners, LLC. (Farrish, Craig)
October 17, 2022 Opinion or Order Filing 104 Reply to Court Order by Counter Defendant Raymond Zak. (Farrish, Craig)
October 7, 2022 Opinion or Order Notation Order: It is hereby ORDERED that Integrity Business Partners, LLC ("IBP") and Raymond Zak SHALL file documentation attesting to the full composition of IBP's members and sub-members and the citizenship of all said members and sub-members and in which state(s) Zak resides in and is a citizen of within seven (7) days of the date of the issuance of this Order. See Akno 1010 Mkt. St. St. Louis Missouri LLC v. Pourtaghi, 43 F.4th 624, 626 (6th Cir. 2022) (emphasizing both that, "when an LLC is a party in a diversity action, the court must know the citizenship of each member and sub-member" and "district courts must assure themselves of subject-matter jurisdiction at the earliest possible moment to avoid wasting judicial and party resources"); compare (Doc. #1 PageID 3-4) (Sub-Merchants and Stagnitto's Notice of Removal based on diversity jurisdiction), and (Doc. #90 PageID 2567 17-18) (Sub-Merchants and Stagnitto's First Amended Counterclaim), with (Doc. #3 1) (IBP's Complaint), and (Doc. #101 1) (IBP's Answer to First Amended Counterclaim), and (Doc. #102 2) (Zak's Answer to First Amended Counterclaim). Signed by Judge Michael R. Barrett on 10/7/2022. (kh)
September 15, 2022 Opinion or Order Filing 103 STIPULATION REGARDING SUBSTANTIVE LAW TO BE APPLIED TO DEFENDANTS/COUNTERCLAIM-PLAINTIFFS' EQUITABLE COUNTERCLAIMS IN CONNECTION WITH MOTION FOR PRELIMINARY INJUNCTION by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
September 7, 2022 Opinion or Order NOTICE TERMINATING DEADLINES - Rule 26(f) Report Deadline terminated. Filed in Error. (kkz)
September 2, 2022 Opinion or Order Filing 102 Co-Defendant SimplePay and Raymond Zac's ANSWER to Defendants' Counterclaim re Doc. #90 , filed by SimplePay. (Farrish, Craig) Modified docket relationships and docket text on 9/2/2022 (kl).
September 2, 2022 Opinion or Order Filing 101 Plaintiff's ANSWER to Defendant's Counter Claim re Doc. #90 , filed by Integrity Business Partners, LLC. (Farrish, Craig) Modified to add docket relationship and edit text on 9/2/2022 (kl).
September 1, 2022 Opinion or Order Notation Order: This matter is before the Court on IBP's #100 Motion to File Pleading Out of Time. It is hereby ORDERED that the #100 Motion to File Pleading Out of Time is GRANTED and IBP shall file its Answer to the Amended Counterclaim within three (3) days of the date of the issuance of this Order. As a result of this Order, it is also hereby ORDERED that the #99 Application for Entry of Default is MOOT. Signed by Judge Michael R. Barrett on 9/1/2022. (kkz)
August 30, 2022 Opinion or Order Filing 100 MOTION to File Pleading Out of Time by Counter Defendant Integrity Business Partners, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Farrish, Craig) Modified event and docket text on 8/30/2022 (kl).
August 26, 2022 Opinion or Order Filing 99 Application to Clerk for entry of default against Plaintiff/Counterclaim-Defendant Integrity Business Partners, LLC . (Attachments: #1 Text of Proposed Order Entry of Default) (Durst, Alexander)
August 25, 2022 Opinion or Order Filing 98 ANSWER to #90 (Amended Counterclaim) of Defendants/Counterclaim-Plaintiffs [Doc. 90] filed by Fifth Third Bank, WorldPay. (Weigand, Stephen) Modified docket text and added relationship to document on 8/25/2022 (kl).
August 24, 2022 Opinion or Order Filing 97 NOTICE by Cross Defendants Fifth Third Bank, WorldPay of Withdrawal of Jason W. Palmer as Co-Counsel for Defendants Worldpay, LLC, and Fifth Third Bank, National Association (Weigand, Stephen)
August 22, 2022 Opinion or Order NOTICE TERMINATING DEADLINES/HEARINGS - the Final Pretrial Conference set for 09/30/2022 is hereby terminated. (kkz)
August 18, 2022 Opinion or Order Filing 96 SUMMONS Returned Executed as to Counter Defendant SimplePay. SimplePay served on 8/15/2022, answer due 9/6/2022. (Durst, Alexander)
August 18, 2022 Opinion or Order Filing 95 SUMMONS Returned Executed as to Counter Defendant Raymond Zak. Raymond Zak served on 8/15/2022, answer due 9/6/2022. (Durst, Alexander)
August 18, 2022 Opinion or Order Notation Order: This matter is before the Court on the Motion for Preliminary Injunction filed by the fifteen corporate Counterclaim-Plaintiffs (collectively, "Sub-Merchants") and one individual Counterclaim-Plaintiff, Gina Stagnitto ("Stagnitto"). (Doc. 21). Sub-Merchants request a Preliminary Injunction on the basis of their equitable claims for conversion and money had and received, and Stagnitto requests a Preliminary Injunction on the basis of her equitable request for the imposition of a constructive. ( Id. PageID 482-86); (Doc. 21-4 PageID 762). Sub-Merchants and Stagnitto assert that the Court must apply California law to these equitable counterclaims and, in doing so, cite a copy of the IBP Sub-Merchant Agreement and its choice of law provision that provides for the application of California law to the respective contracts between IBP and each Sub-Merchant. (Doc. 21 PageID 482) (citing (Doc. 2-2 PageID 323)). Stagnitto is not a party to an IBP Sub-Merchant Agreement, a fact that she argues vigorously in her Motion for Sanctions. (Doc. 24). As the Court's jurisdiction to hear this case is based on diversity of citizenship, and the IBP Sub-Merchant Agreement choice of law provision would presumably apply only to IBP and Sub-Merchants' respective contract claims and counterclaimsnotwithstanding that provision's arbitration provisionthe Court ORDERS IBP and Sub-Merchants and Stagnitto to provide supplemental briefing, not to exceed ten (10) pages, regarding the proper substantive lawCalifornia or Ohiothat the Court must apply to its equitable counterclaims analysis in its Opinion and Order on the Motion for Preliminary Injunction. See Erie v. Tompkins , 304 U.S. 64 (1938); Blaha v. A.H. Robins & Co. , 708 F.2d 238, 239 (6th Cir. 1983) (per curiam). It is further ORDERED that the parties SHALL determine their own supplemental briefing schedule and, as soon as possible, email that schedule to the Court by email at barrett_chambers@ohsd.uscourts.gov. Signed by Judge Michael R. Barrett on 8/18/2022. (kkz)
August 18, 2022 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/18/2022; James Birch appeared for plaintiff; Alexander Durst and Bradley Cebeci appeared for defendants; Stephen Weigand appeared for cross defendants Fifth Third Bank and World Pay; the Court lifts the stay on Discovery; Order to be issued directing parties to respond to Court's inquiries; parties to meet and confer regarding response deadlines to Court's Order. (kkz)
August 15, 2022 Opinion or Order NOTICE of Hearing: Please be aware that a Status Conference is set for 8/18/2022 at 11:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
August 11, 2022 Opinion or Order Filing 93 Summons Issued as to SimplePay, Raymond Zak. (kh)
August 11, 2022 Opinion or Order Filing 92 REQUEST for Issuance of Summons. (Durst, Alexander)
August 11, 2022 Opinion or Order Filing 91 REQUEST for Issuance of Summons. (Durst, Alexander)
August 11, 2022 Opinion or Order Filing 90 ANSWER and AMENDED COUNTERCLAIM to #3 Complaint,, by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander) Modified on 8/15/2022 for entry to reflect title of document filed (kkz).
August 4, 2022 Opinion or Order Filing 89 ORDER granting in part and denying in part #84 Sub-Merchants and Stagnitto's Second Motion for Leave to File an Amended Counterclaim; DENIED in part with respect to the breach of contract counterclaim based on the theory of being a third-party beneficiary, the conversion counterclaim, the money had and received (constructive trust) request for relief, and the civil conspiracy counterclaim against Worldpay and Fifth Third; and GRANTED in part, with respect to all of its counterclaims against IBP, SimplePay, and Zak, and also the breach of contract counterclaim based on the direct contract theory and the breach of implied covenant of good faith and fair dealing counterclaim against Worldpay and Fifth Third. Sub-Merchants and Stagnitto SHALL file an Answer with an Amended Counterclaim that complies with this Order within seven (7) days of the date of the issuance of this Order; finding as moot #26 Motion to Dismiss; DENIED AS MOOT #51 Sub-Merchants and Stagnitto's First Motion for Leave to File an Amended Counterclaim and #26 Worldpay and Fifth Third's Motion to Dismiss Crossclaims. Signed by Judge Michael R. Barrett on 8/4/2022. (kkz)
August 4, 2022 Opinion or Order Notation Order: This matter is before the Court on Integrity Business Partners, LLC's #63 Motion to File Pleading (Crossclaim). It is hereby ORDERED that Integrity Business Partners, LLC shall file a copy of the agreement between it and Worldpay LLC, referenced on Doc. 63-1 PageID 1763 and Doc. 69 PageID 1900, on this matter's docket under seal within seven (7) days of the date of the issuance of this Notation Order. Signed by Judge Michael R. Barrett on 8/4/2022. (kkz)
August 4, 2022 Opinion or Order Set Deadlines/Hearings: Amended Counter-Claim due by 8/11/2022. (kkz)
July 19, 2022 Opinion or Order Filing 88 NOTICE by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. Withdrawal of Anthony D. Maiorano as Co-Counsel (Durst, Alexander)
April 20, 2022 Opinion or Order NOTICE TERMINATING HEARINGS - the Settlement Conference set for 6/1/2022 is hereby vacated to be reschedule after Court's ruling on the pending motions. (kkz)
April 18, 2022 Opinion or Order Filing 87 REPLY to Response to Motion re #84 Second MOTION for Leave to File File Amended Counterclaim filed by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
April 15, 2022 Opinion or Order Notation Order: This matter is before the Court on the #86 Counterclaim Plaintiffs' Unopposed Motion for an Extension of the Deadline to File a Reply in Support of their Second Motion for Leave to File an Amended Complaint. It is hereby ORDERED that #86 Counterclaim Plaintiffs' Motion for an Extension is GRANTED, and they shall have up to and including 4/19/2022 to so file their Reply. Signed by Judge Michael R. Barrett on 4/15/2022. (kkz)
April 12, 2022 Opinion or Order Filing 86 MOTION for Extension of Time to File Response/Reply New date requested 4/19/2022. by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order Proposed Entry) (Durst, Alexander)
March 29, 2022 Opinion or Order Filing 85 RESPONSE in Opposition re #84 Second MOTION for Leave to File File Amended Counterclaim filed by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weigand, Stephen)
March 23, 2022 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/23/2022; Craig Farrish appeared for plaintiff; Alexander Durst and Bradley Cebeci appeared for defendants; Stephen Weigand appeared for cross defendants Fifth Third Bank and World Pay; case to proceed as discussed. (kkz)
March 10, 2022 Opinion or Order NOTICE of Hearing: Please be aware that a Status Conference is set for 3/23/2022 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 8/26/2021 for conferencing instructions. (kkz)
March 8, 2022 Opinion or Order Filing 84 Second MOTION for Leave to File File Amended Counterclaim by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Proposed Second Amended Complaint (Final), #2 Proposed Second Amended Complaint) (Durst, Alexander)
March 7, 2022 Opinion or Order Filing 83 Response in Opposition to the #75 Supplemental Memorandum Supporting Motion for Preliminary Injunction by Counter Defendant Integrity Business Partners, LLC. (Birch, James) Modified Docket Text and Added Link on 3/8/2022 (bjc).
March 7, 2022 Opinion or Order Notice of Correction re [FORMER DOC 82]: Document filed in error; will be refiled using correct ECF event. (kh)
February 18, 2022 Opinion or Order Notation Order: This matter is before the Court on Plaintiff's #34 Motion For Leave to File Under Seal. It is hereby ORDERED that Plaintiff's #34 Motion to File Document Under Seal is DENIED as moot in light of the Court's prior #40 Order Granting #38 Plaintiff's Amended Motion For Leave to File Under Seal. Signed by Judge Michael R. Barrett on 2/18/2022. (kkz)
February 18, 2022 Opinion or Order Notation Order: In light of the mediator's minutes, it is hereby ORDERED that the 12/16/2021 stay for the remaining case deadlines in this matter is LIFTED. Plaintiff shall file its Response to the #75 Supplemental Memorandum Supporting #21 Motion for Preliminary Injunction within twenty-one (21) days of the date of the issuance of this Order and the parties shall submit a joint proposed amended calendar order within 21 days of the date of the issuance of this Order. Signed by Judge Michael R. Barrett on 2/18/2022. (kkz)
February 11, 2022 Opinion or Order Notation Order: This matter is before the Court on Attorney Cebeci's #80 Response to the Court's #73 Show Cause Order. For the reasons stated in the Response, it is hereby ORDERED that the Show Cause Order is DISCHARGED and Attorney Cebeci may continue practicing pro hac vice in this matter. Signed by Judge Michael R. Barrett on 2/11/2022. (kkz)
December 16, 2021 Opinion or Order Notation Order: This matter is before the Court on the parties' #81 Joint Motion to Stay Case Deadlines Pending Judicial Mediation. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the remaining case deadlines in this matter are STAYED pending the February 17, 2022 mediation, and the parties shall contact the Court, if necessary, within fourteen (14) days after that mediation if they need to establish new case deadlines. Signed by Judge Michael R. Barrett on 12/16/21. (kkz)
December 15, 2021 Opinion or Order Filing 81 Joint MOTION to Stay Case Deadlines Pending Judicial Mediation by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A - Proposed Order) (Weigand, Stephen)
December 13, 2021 Opinion or Order Filing 80 RESPONSE TO ORDER TO SHOW CAUSE re Doc. #73 by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander) (Main Document 80 replaced on 12/13/2021) (kh). Modified to create relationship on 12/14/2021 (kl).
December 9, 2021 Opinion or Order Filing 79 Order Setting Settlement Conference: Settlement Conference set for 2/17/2022 at 11:00 AM by Zoom for Government before Magistrate Judge Stephanie K. Bowman. Due to the ongoing COVID-19 pandemic and the current health restrictions that are in place, the mediation will be by video conference (Zoom for Government). Should the parties strongly desire the Court's consideration of an in-person mediation, counsel shall advise the chambers of the undersigned, in writing, at least 14 days prior to the conference, why the mediation cannot be effective by video conference, the total number of participants (counsel and client representatives) they anticipate being present at the mediation and if anyone would be traveling from outside the Greater Cincinnati area to attend the mediation. The Court shall then determine, after considering the risks, if an in-person mediation with social distancing and mask wearing will be accommodated. After a good faith assessment of the value of the case, Plaintiff shall submit a demand that is less than the full good faith value of the case to Defendants by 1/4/2022. Defendants, after the same good faith assessment, must then respond with an offer that is greater than zero by 1/18/2022. The parties should thereafter engage in continued settlement discussions in an attempt to resolve the matter prior to the settlement conference. Ex parte settlement statements are due to the Court no later than 2/7/2022 at Noon. Statements shall be submitted directly to chambers either by email at bowman_chambers@ohsd.uscourts.gov or by fax at (513) 564-7681. Signed by Magistrate Judge Stephanie K. Bowman on 12/9/2021. (km)
December 8, 2021 Opinion or Order Filing 78 Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only. Signed by Judge Michael R. Barrett on 12/8/2021. (kkz)
November 30, 2021 Opinion or Order Filing 77 Witness List by Plaintiff Integrity Business Partners, LLC. (Schomaker, J.)
November 30, 2021 Opinion or Order Filing 76 Witness List by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
November 19, 2021 Opinion or Order Notation Order: This matter is before the parties' joint #74 Motion for Modification of the Calendar Order and September 8, 2021 Entry. For good cause shown, and the reasons stated therein, it is hereby ORDERED that #74 Motion for Modification is GRANTED and the #43 , #63 Calendar Order in this matter is FURTHER AMENDED such that the deadline for disclosure and report of rebuttal experts is now 12/22/21. Signed by Judge Michael R. Barrett on 11/19/21. (kkz)
November 18, 2021 Opinion or Order Filing 75 Supplemental Memorandum Supporting #21 Motion for Preliminary Injunction by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Exhibit 28) (Durst, Alexander) Modified Docket Text to Add Link on 11/19/2021 (bjc).
November 18, 2021 Opinion or Order Filing 74 Joint MOTION for Order to Modify the Calendar Order and September 8, 2021 Entry by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A) (Weigand, Stephen)
November 16, 2021 Opinion or Order Notation Order: This matter is before the Court on #65 Defendants/Counterclaim-Plaintiffs' Motion for Leave to File a Supplemental Memorandum in Support of Their Motion for a Preliminary Injunction. No party filed a response in opposition, and the time to do so has passed. See S.D. Ohio Civ. R. 7.2(a)(2). It is hereby ORDERED that the #65 Defendants/Counterclaim-Plaintiffs' Motion for Leave to File a Supplemental Memorandum in Support of Their Motion for a Preliminary Injunction is GRANTED and Defendants/Counterclaim-Plaintiffs shall file their Supplemental Memorandum in Support of Their Motion for a Preliminary Injunction within seven (7) days of the date of the issuance of this Order. Signed by Judge Michael R. Barrett on 11/16/21. (kkz)
November 15, 2021 Opinion or Order Filing 73 SHOW CAUSE ORDER; Show Cause Response due by 12/15/2021. Signed by Judge Michael R. Barrett on 11/15/2021. (kkz)
November 8, 2021 Opinion or Order Filing 72 NOTICE by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. (Attachments: #1 Subpoena to Infinicept, #2 Exhibit A to subpoena) (Durst, Alexander)
November 5, 2021 Opinion or Order Filing 71 NOTICE by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 31, #4 Exhibit 32, #5 Exhibit 33, #6 Exhibit 34, #7 Exhibit 35) (Durst, Alexander) Modified to create link to doc. #65 on 11/8/2021 (eh).
November 3, 2021 Opinion or Order Filing 69 RESPONSE in Opposition re #63 MOTION for Leave to File Cross-Claim filed by Cross Defendants Fifth Third Bank, WorldPay. (Weigand, Stephen)
October 28, 2021 Opinion or Order Filing 68 ORDER granting #67 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 10/28/2021. (kkz)
October 27, 2021 Opinion or Order Filing 67 Unopposed MOTION for Leave to File Documents Under Seal by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weigand, Stephen) Modified on 10/28/2021 (kh).
October 21, 2021 Opinion or Order Filing 66 NOTICE by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. (Attachments: #1 Report and Recommendation (2-20-cv-01405-JCM-VCF), #2 Order Adopting Report and Recommendation(2-20-cv-01405-JCM-VCF), #3 Order (2-19-cv-01816-APG-DJA)) (Durst, Alexander)
October 20, 2021 Opinion or Order Filing 65 MOTION for Leave to File Supplemental Memorandum in Support of Motion For Preliminary Injunction by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Supplement Exhibit A - Proposed Supplemental Memorandum in Support of Motion For Preliminary Injunction, #2 Supplement Supplemental Declaration of Bradley O. Cebeci, esq., #3 Supplement Supplemental Declaration of Andrea Collver, #4 Exhibit Exhibit 26 (to Cebeci Supp. Decl.), #5 Exhibit Exhibit 27 (to Cebeci Supp. Decl.)) (Durst, Alexander) (Attachment 3 replaced on 10/21/2021) (eh). Modified attachment 3 for technical error on 10/21/2021. NEF regenerated (eh).
October 20, 2021 Opinion or Order Filing 64 NOTICE of Substitution of Counsel and Appearance by Craig L Farrish for Plaintiff Integrity Business Partners, LLC (Farrish, Craig) Modified Docket Text to Match Document on 10/20/2021 (bjc).
October 13, 2021 Opinion or Order Filing 63 MOTION for Leave to File Cross-Claim by Plaintiff Integrity Business Partners, LLC. (Attachments: #1 Exhibit Proposed Cross-Claim, #2 Exhibit Proposed Order) (Birch, James)
September 24, 2021 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/24/2021; James Birch appeared for plaintiff; Bradley Cebeci and Alex Durst appeared for Autumn Ridge dfts; Stephen Weigand and Jason Palmer appeared for cross dft; case to continue as discussed; with rulings to follow. (kkz)
September 8, 2021 Opinion or Order Filing 62 Amended Calendar ORDER Granting #61 Joint MOTION for Extension of TimePlaintiff Primary Expert due by 9/15/2021. Defendant Primary Expert due by 10/22/2021. Rebuttal Expert due by 11/22/2021. Plaintiff's deadline to respond to the four interrogatories included within the expedited discovery ordered by the court in its #60 Opinion and Order is hereby extended to September 15, 2021. Plaintiff is hereby ordered to fully answer each of these interrogatories by that date. Plaintiff is further ordered to provide full responses to Defendants' first set of requests for production of documents by September 15, 2021. Signed by Judge Michael R. Barrett on 09/08/2021. (kkz)
September 7, 2021 Opinion or Order Filing 61 Joint MOTION for Extension of Time New date requested 9/15/2021. by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order) (Durst, Alexander)
August 25, 2021 Opinion or Order Filing 60 ORDER granting in part with respect to their request for expedited discovery re: #21 Motion for a Preliminary Injunction; and HELD IN ABEYANCE IN PART, with respect to the remainder of the #21 Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 08/25/2021. (kkz)
July 21, 2021 Opinion or Order Filing 59 NOTICE by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. of Subpoena to Visa, Inc. (Durst, Alexander)
July 21, 2021 Opinion or Order Filing 58 NOTICE by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. of Subpoena to Mastercard Incorporated (Durst, Alexander)
July 19, 2021 Opinion or Order Filing 57 REPLY to Response to Motion re #51 MOTION for Leave to File Amended Counterclaim filed by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
July 1, 2021 Opinion or Order Notation Order: This matter is before the Court on Defendants' and Crossclaim Plaintiffs' unopposed #56 Motion for an Extension of the Deadline to File a Reply Memorandum in Support of their Motion for Leave to File an Amended Counterclaim. For good cause shown, and the reasons therein, it is hereby ORDERED that the #56 Motion for an Extension is GRANTED, and Defendants and Crossclaim Plaintiffs shall have up to and including July 21, 2021 to file their Reply. Signed by Judge Michael R. Barrett on 7/1/21. (kh)
June 30, 2021 Opinion or Order Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Leave to File Amended Counterclaim New date requested 7/21/2021. by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension) (Durst, Alexander)
June 23, 2021 Opinion or Order Filing 55 RESPONSE in Opposition re #51 MOTION for Leave to File Amended Counterclaim filed by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weigand, Stephen)
June 21, 2021 Opinion or Order Filing 54 Transcript of Proceeding, Hearing on Motion for Preliminary Injunction held on June 4, 2021, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann 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 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021. (Maffia, Maryann)
June 11, 2021 Opinion or Order Notation Order: This matter is before the Court on Defendants' and Crossclaim-Plaintiffs' unopposed #53 Second Motion for an Extension of the Deadline to Respond to Crossclaim Defendants' #26 Motion to Dismiss. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Defendants' and Crossclaim-Plaintiffs' #53 Motion is GRANTED, and they shall have up to and including 21-days after the date on which the Court issues a ruling on Defendants' and Crossclaim-Plaintiffs' #51 Motion for Leave to File Amended Counterclaim to file their Response, if necessary. Signed by Judge Michael R. Barrett on 6/11/21. (ba)
June 10, 2021 Opinion or Order Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss Crossclaims New date requested 7/1/2021. by Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension) (Durst, Alexander)
June 4, 2021 Opinion or Order Filing 52 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 6/4/2021 re #21 MOTION for Preliminary Injunction held; Order to follow. (Court Reporter: Maryann Maffia) (ba)
June 2, 2021 Opinion or Order Filing 51 MOTION for Leave to File Amended Counterclaim by Defendants Autumn Ridge Consulting Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Counter Claimant Barnwell Terrace Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Durst, Alexander)
May 26, 2021 Opinion or Order Filing 46 ORDER granting #41 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 5/26/21. (ba)
May 25, 2021 Opinion or Order Filing 45 REPLY to Response to Motion re #24 MOTION for Sanctions Under Rule 11 filed by Defendant Gina M. Stagnitto. (Durst, Alexander)
May 25, 2021 Opinion or Order Filing 44 REPLY to Response to Motion re #21 MOTION for Preliminary Injunction filed by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
May 25, 2021 Opinion or Order Filing 43 CALENDAR ORDER: Motions directed to pleadings due by 6/4/2021. Plaintiff Primary Expert due by 8/14/2021. Defendant Primary Expert due by 9/14/2021. Disclosure of Non-Expert (Fact) Witness due by 11/30/2021. Rebuttal Expert due by 10/14/2021. Discovery due by 1/15/2022. Dispositive motions due by 4/11/2022. Settlement Demand due by 6/4/2021. Settlement Conference set for 6/1/2022 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 9/30/2022 at 10:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 11/2022. Signed by Judge Michael R. Barrett on 5/25/21. (ba)
May 25, 2021 Opinion or Order Filing 42 NOTICE of Filing Declarations in Support re #21 MOTION for Preliminary Injunction by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. (Attachments: #1 Exhibit Supplemental Declaration of Bradley O. Cebeci, #2 Exhibit Declaration of Andrea Collver) (Durst, Alexander) Modified docket text on 5/26/2021 (eh).
May 24, 2021 Opinion or Order Filing 41 MOTION to File Document Under Seal specifically, for Defendants to file Exhibit 19 to the Supplemental Declaration of Bradley O. Cebeci Under Seal by Cross Defendants Fifth Third Bank, WorldPay. (Attachments: #1 Exhibit A - Proposed Order) (Weigand, Stephen)
May 24, 2021 Opinion or Order Filing 40 ORDER granting #38 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 5/21/21. (ba)
May 19, 2021 Opinion or Order Filing 39 RULE 26(f) REPORT by Defendant Gina M. Stagnitto, Counter Claimant Gina M. Stagnitto, Cross Claimant Gina M. Stagnitto. (Durst, Alexander)
May 18, 2021 Opinion or Order Filing 38 Amended MOTION to File Document Under Seal by Plaintiff Integrity Business Partners, LLC. (Birch, James) Modified Event Type and Docket Text to Match Document on 5/19/2021 (bjc).
May 14, 2021 Opinion or Order Filing 37 AFFIDAVIT Exhibit A to Affidavit of Raymond Zak by Plaintiff Integrity Business Partners, LLC. (Birch, James)
May 14, 2021 Opinion or Order Filing 36 AFFIDAVIT of Diana Nava Estrada by Plaintiff Integrity Business Partners, LLC. (Birch, James)
May 14, 2021 Opinion or Order Filing 35 AFFIDAVIT of Raymond Zak by Plaintiff Integrity Business Partners, LLC. (Birch, James)
May 14, 2021 Opinion or Order Filing 34 MOTION to File Document Under Seal by Plaintiff Integrity Business Partners, LLC. (Birch, James)
May 13, 2021 Opinion or Order Filing 33 RESPONSE in Opposition re #21 MOTION for Preliminary Injunction filed by Counter Defendant Integrity Business Partners, LLC. (Birch, James)
May 13, 2021 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/13/2021; James Birch appeared for plaintiff; Bradley Cebeci and Alex Durst appeared for Autumn Ridge dfts; Stephen Weigan and jason Palmer appeared for cross dft; the parties requested oral arguments be set for the #21 MOTION for Preliminary Injunction; Motion Hearing set for 6/4/2021 at 11:00 AM by GoToMeeting before Judge Michael R. Barrett; the parties will circulate their Rule 26(f) Report and file it with the Court as soon as possible; the call-in information for interested parties, the media, or the general public is: 1-571-317-3112 with an access code of 201-131-845. Invitation information for the GoToMeeting video conference has previously been supplied to counsel of record. Pursuant to S.D. Ohio Civ. R. 83.2, no person may, without permission of the Court, use any device to make any audio or visual recordings of any Court proceedings. (ba)
May 12, 2021 Opinion or Order Filing 32 RESPONSE in Opposition re #24 MOTION for Sanctions Under Rule 11 filed by Plaintiff Integrity Business Partners, LLC. (Attachments: #1 Affidavit Affidavit of Raymond Zak) (Birch, James)
May 12, 2021 Opinion or Order Notation Order: This matter is before the Court on Plaintiff's and Defendants' #31 Agreed Entry for Extension of Time for Plaintiff to Respond to Defendants' Motion for Preliminary Injunction. Although the parties contend that they jointly stipulate that Plaintiff shall have additional time to file its Response, and further added time to file its supporting materials, to Defendants Motion for Preliminary Injunction, the Court's local rules do not provide for stipulated extensions of time to respond to motions. S.D. Ohio Civ. R. 6.1. The Court, however, will construe Plaintiff's and Defendants' #31 Motion as one for an extension of time. It is hereby ORDERED that Plaintiff's and Defendants' #31 Motion for an Extension of Time is GRANTED; Plaintiff shall have until 10:00 a.m. EDT on 5/13/2021 to file its Response to Defendants' #21 Motion for Preliminary Injunction, so that Defendants can review before the scheduled 12:30 PM EST follow up status conference on 5/13/2021; Plaintiff shall have up to and including 5/14/2021 to file any supporting materials thereto; and #29 Plaintiff's Motion for an Extension of Time is DENIED as moot. Signed by Judge Michael R. Barrett on 5/11/21. (ba)
May 11, 2021 Opinion or Order Filing 31 STIPULATION Agreed Entry for Extension of Time for Plaintiff to Respond to Defendants' Motion for Preliminary Injunction by Counter Defendant Integrity Business Partners, LLC. (Birch, James)
May 11, 2021 Opinion or Order Notation Order: This matter is before the Court on Defendants' and Crossclaim-Plaintiffs' unopposed #28 Motion for an Extension of the Deadline to Respond to Crossclaim Defendants' #26 Motion to Dismiss. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Defendants' and Crossclaim-Plaintiffs' #28 Motion is GRANTED and they shall have up to and including June 10, 2021 to file their Response. Signed by Judge Michael R. Barrett on 5/11/21. (ba)
May 10, 2021 Opinion or Order Filing 30 RESPONSE in Opposition re #29 MOTION for Extension of Time to File Response/Reply as to #21 MOTION for Preliminary Injunction New date requested 5/14/2021. filed by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
May 10, 2021 Opinion or Order Filing 29 MOTION for Extension of Time to File Response/Reply as to #21 MOTION for Preliminary Injunction New date requested 5/14/2021. by Plaintiff Integrity Business Partners, LLC. (Attachments: #1 Text of Proposed Order) (Birch, James)
May 10, 2021 Opinion or Order Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss Crossclaims New date requested 6/10/2021. by Cross Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Durst, Alexander)
May 6, 2021 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/6/2021; James Birch appeared for plaintiff; Bradley Cebeci and Alexander Durst appeared for Defendants Autumn Ridge; Stephen Weigand appeared for Cross dfts World Pay/Fifth Third Bank; parties continue to determine if they prefer paper submission or oral arguments re #21 MOTION for Preliminary Injunction; a follow up status conference is set for 5/13/2021 at 12:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/21/2021 for conferencing instructions. (ba)
April 29, 2021 Opinion or Order Filing 27 ANSWER to #2 Answer to Complaint,,, Crossclaim,,, Counterclaim,, filed by Integrity Business Partners, LLC. (Birch, James)
April 29, 2021 Opinion or Order Filing 26 MOTION to Dismiss Crossclaims by Cross Defendants Fifth Third Bank, WorldPay. (Weigand, Stephen)
April 29, 2021 Opinion or Order Notation Order: This matter is before the Court on Integrity Business Partners, LLC's (IBP) #25 Motion for Leave to File Pleading Out of Time. For good cause shown, and the reasons stated therein, it is hereby ORDERED that IBP's #25 Motion for Leave is GRANTED and IBP shall file its attached Answer and Affirmative Defenses to Defendants' Counterclaims and Cross-Claims within three (3) days of the date of issuance of this Order. Signed by Judge Michael R. Barrett on 4/29/21. (ba)
April 28, 2021 Opinion or Order Filing 25 MOTION for Leave to File Out of Time by Counter Defendant Integrity Business Partners, LLC. (Attachments: #1 Exhibit Answer to Counterclaim, #2 Exhibit Proposed Order) (Birch, James)
April 23, 2021 Opinion or Order Minute Entry for proceedings held before Judge Michael R. Barrett: Rule 65.5 Status Conference held on 4/23/2021 re #21 MOTION for Preliminary Injunction; James Birch appeared for plaintiff; Bradley Cebeci and Alexander Durst appeared for Defendants Autumn Ridge; Jason Palmer and Stephen Weigand appeared for Cross dfts World Pay/Fifth Third Bank; the parties shall proceed with discovery and follow up for a Status Conference set 5/6/2021 at 12:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/21/21 for conferencing instructions. .) A tentative #21 Motion for Preliminary Injunction Hearing is set for 5/18/2021 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba)
April 22, 2021 Opinion or Order Notation Order: This matter is before the Court on Integrity Business Partners, LLC's (IBP) #20 Answer and Response to Defendants' #23 Application for Default Judgment on Counterclaim. IBP's response to the Counterclaims against it were due to the Court by March 29, 2021. Although IBP explains that the parties agreed to an extension of time to so file, and that it had its Answer ready to file by April 13, 2021 but forgot to so file, IBP had an obligation to file a written stipulation between the parties for any extension of time or obtain leave of Court for an extension of time if that time period was to be longer than 21 days. See S.D. Ohio Civ. R. 6.1. IBP failed to do so. Additionally, although IBP purports to have now filed its Answer to the Counterclaims against it (Docs. #20 , #23 ), IBP has similarly failed to obtain leave of Court to file its pleading out of time. It is hereby ORDERED that IBP shall file a motion for leave to file its pleading out of time and any such motion is due on or before 4/29/21. Signed by Judge Michael R. Barrett on 4/22/21. (ba)
April 21, 2021 Opinion or Order Filing 24 MOTION for Sanctions Under Rule 11 by Defendant Gina M. Stagnitto. (Durst, Alexander)
April 21, 2021 Opinion or Order Filing 23 Response to Defendants' Application for Default Judgment on Counterclaim by Counter Defendant Integrity Business Partners, LLC. (Birch, James)
April 21, 2021 Opinion or Order Notation Order: This matter is before the Court on the #22 Motion for Leave to Exceed Page Limit for Memorandum in Support of Motion for Preliminary Injunction filed by Defendants and Counterclaim/Crossclaim-Plaintiffs. Defendants and Counterclaim/Crossclaim-Plaintiffs contemporaneously filed their #21 Motion for Preliminary Injunction with their Motion for Leave, which is contrary to Part I.G. of this Court's Standing Order on Civil Procedures. The Court will grant the #22 Motion for Leave, but trusts that counsel will abide by this Court's Standing Order in the future. It is hereby ORDERED that the #22 Motion for Leave to Exceed Page Limit is GRANTED. Signed by Judge Michael R. Barrett on 4/21/21. (ba)
April 20, 2021 Opinion or Order Filing 22 MOTION for Leave to File Excess Pages by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Text of Proposed Order Granting Motion) (Durst, Alexander)
April 20, 2021 Opinion or Order Filing 21 MOTION for Preliminary Injunction by Counter Claimants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Declaration of Xavier Ayala, #2 Exhibit Declaration of Gina M. Stagnitto, #3 Exhibit Declaration of Bradley O. Cebeci, #4 Text of Proposed Order) (Durst, Alexander)
April 20, 2021 Opinion or Order Filing 20 Plaintiff's ANSWER to #2 Answer to Complaint,,, Crossclaim,,, Counterclaim,, filed by Integrity Business Partners, LLC. (Birch, James)
April 20, 2021 Opinion or Order Filing 19 Application to Clerk for entry of default against Plaintiff-Counterclaim Defendant Integrity Business Partners, LLC on Counterclaim. (Durst, Alexander)
April 15, 2021 Opinion or Order Filing 18 STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 4/14/21. (ba)
April 14, 2021 Opinion or Order NOTATION ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Bradley O. Cebeci; granting Amended #17 Motion for Leave to Appear Pro Hac Vice of Bradley O. Cebeci as Co-Counsel. Co-Counsel is directed to register for e-filingthrough PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 4/14/2021. (eh)
April 14, 2021 Opinion or Order NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Eugene Rome as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 4/14/2021. (eh)
April 7, 2021 Opinion or Order Filing 17 Amended MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8220849) of Bradley O. Cebeci by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Durst, Alexander) Modified to correct receipt number on 4/14/2021 (eh).
April 7, 2021 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8255652) of Eugene Rome by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Durst, Alexander)
March 29, 2021 Opinion or Order Reset Deadlines re doc. #15 : Fifth Third Bank answer due 4/29/2021; WorldPay answer due 4/29/2021. (eh)
March 26, 2021 Opinion or Order Filing 15 STIPULATION for Extension of Time to Respond to Crossclaims by Cross Defendants Fifth Third Bank, WorldPay. (Weigand, Stephen)
March 25, 2021 Opinion or Order Filing 14 Corporate Disclosure Statement by Cross Defendants Fifth Third Bank, Fifth Third Bancorp identifying Other Affiliate Fifth Third Bancorp for Fifth Third Bank.. (Weigand, Stephen)
March 25, 2021 Opinion or Order Filing 13 Corporate Disclosure Statement by Cross Defendants WorldPay, Fidelity National Information Services identifying Other Affiliate Fidelity National Information Services for WorldPay.. (Weigand, Stephen)
March 25, 2021 Opinion or Order Filing 12 NOTICE of Appearance by Stephen A Weigand for Cross Defendants Fifth Third Bank, WorldPay (Weigand, Stephen)
March 22, 2021 Opinion or Order Filing 11 Notice of Deficiency re: #5 MOTION for Leave to Appear Pro Hac Vice of Bradley O. Cebeci. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 4/5/2021. (eh)
March 22, 2021 Opinion or Order Filing 10 SUMMONS Returned Executed as to Cross Defendant Fifth Third Bank. Fifth Third Bank served on 3/18/2021, answer due 4/8/2021. (Durst, Alexander)
March 22, 2021 Opinion or Order Filing 9 SUMMONS Returned Executed as to Cross Defendant WorldPay. WorldPay served on 3/18/2021, answer due 4/8/2021. (Durst, Alexander)
March 17, 2021 Opinion or Order Filing 8 Summons Issued as to Fifth Third Bank and WorldPay. (kl)
March 17, 2021 Opinion or Order Filing 7 REQUEST for Issuance of Summons. (Durst, Alexander)
March 17, 2021 Opinion or Order Filing 6 REQUEST for Issuance of Summons. (Durst, Alexander)
March 16, 2021 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8220849) of Bradley O. Cebeci by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Durst, Alexander)
March 12, 2021 Opinion or Order Filing 4 Corporate Disclosure Statement by Defendants Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Sunol Crossing Marketing Inc.. (Durst, Alexander)
March 8, 2021 Opinion or Order Filing 3 COMPLAINT originally filed 2/26/2021 in Hamilton County Court of Common Pleas (Case No. A2100755) by Integrity Business Partners, LLC against Autumn Ridge Consulting Inc., Barnwell Terrace Inc., Bowery Inc., Castlewood Consulting Inc., Cliffside Marketing Inc., Crystal River Inc., Duchess Consulting Inc., Eagle View Inc., FIT Marketing Inc., Larkspur Springs Inc., Lechuza Inc., Rhinebeck Marketing Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc. (kl)
March 8, 2021 Opinion or Order Filing 2 ANSWER to #3 Complaint with Jury Demand , CROSSCLAIM against WorldPay, Fifth Third Bank, COUNTERCLAIM against Integrity Business Partners, LLC filed by Larkspur Springs Inc., Crystal River Inc., Autumn Ridge Consulting Inc., Gina M. Stagnitto, Sunol Crossing Marketing Inc., Rhinebeck Marketing Inc., Cliffside Marketing Inc., Barnwell Terrace Inc., Eagle View Inc., Lechuza Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Duchess Consulting Inc., Bowery Inc., FIT Marketing Inc., Castlewood Consulting Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Durst, Alexander) Modified to add relationship on 3/8/2021 (kl).
March 8, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A 2100755 ( Filing fee $ 402 paid - receipt number: AOHSDC-8205377), filed by Larkspur Springs Inc., Crystal River Inc., Gina M. Stagnitto, Autumn Ridge Consulting Inc., Sunol Crossing Marketing Inc., Rhinebeck Marketing Inc., Cliffside Marketing Inc., Barnwell Terrace Inc., Eagle View Inc., Lechuza Inc., Ridgely Marketing Inc., Servilleta Marketing Inc., Duchess Consulting Inc., Bowery Inc., FIT Marketing Inc., Castlewood Consulting Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B) (Durst, Alexander)
March 8, 2021 Opinion or Order If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kl)

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Search for this case: Integrity Business Partners, LLC v. Autumn Ridge Consulting Inc. et al
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Defendant: Servilleta Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Defendant: Cliffside Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Defendant: Barnwell Terrace Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Cross claimant: Lechuza Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Castlewood Consulting Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Cross claimant: Crystal River Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: FIT Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Duchess Consulting Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Larkspur Springs Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Ridgely Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Gina M. Stagnitto
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Autumn Ridge Consulting Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Cross claimant: Sunol Crossing Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Cross claimant: Rhinebeck Marketing Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Plaintiff: Integrity Business Partners, LLC
Represented By: Andrew L. Smith
Represented By: James J Birch
Represented By: Craig L Farrish
Represented By: Andrew Lynn Smith
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Cross defendant: Fifth Third Bank
Represented By: Stephen A Weigand
Represented By: Jason W Palmer
Represented By: Morgan Kathryn Napier
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Cross defendant: WorldPay
Represented By: Stephen A Weigand
Represented By: Jason W Palmer
Represented By: Morgan Kathryn Napier
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Counter claimant: Eagle View Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
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Counter claimant: Bowery Inc.
Represented By: Alexander Jacob Durst
Represented By: Bradley O. Cebeci
Represented By: Eugene Rome
Represented By: Anthony David Maiorano
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Counter defendant: SimplePay
Represented By: Craig L Farrish
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Counter defendant: Raymond Zak
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