Western Environmental Corporation v. Hardy Diagnostics et al
Plaintiff: Western Environmental Corporation
Defendant: Warren County Treasurer, U.S. Bank National Association, Hardy Diagnostics and Warren County Auditor
Case Number: 1:2021cv00194
Filed: March 22, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Timothy S Black
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 March 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2021 Opinion or Order Filing 20 REPLY to Response to Motion re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Hardy Diagnostics. (D'Aurora, Jack)
May 12, 2021 Opinion or Order Notice of Correction: Please note that docs. #19 and #20 are identical pdfs filed twice, at the request of the clerk, to capture both the Reply to Response to Motion and the Response in Opposition to Motion in ECF. (eh)
May 10, 2021 Opinion or Order Filing 19 RESPONSE in Opposition re #12 First MOTION to Remand and for Atorney Fees and Costs Oral Argument Requested MOTION for Attorney Fees and re #15 and Reply Memorandum in Support of Hardy Diagnostics Motion to Dismiss re #2 filed by Defendant Hardy Diagnostics. (D'Aurora, Jack)
May 10, 2021 Opinion or Order Filing 18 COUNTERCLAIM against Western Environmental Corporation, filed by Hardy Diagnostics. (Attachments: #1 Exhibit Ex A Inspection Report, #2 Exhibit Ex B Santa Maria Proposal, #3 Exhibit Ex C Santa Maria Certification, #4 Exhibit Ex D Email re Completion Date, #5 Exhibit Ex E WEC Proposal, #6 Exhibit Ex F Evaluation from Hardy's Expert, #7 Exhibit Ex G-1 GAME Agreement, #8 Exhibit Ex G-2 Change Order 6-30-2020, #9 Exhibit Ex G-3 Change Order 10-7-2020) (D'Aurora, Jack)
May 10, 2021 Opinion or Order Filing 17 ANSWER to #3 Complaint, with Jury Demand filed by Hardy Diagnostics. (D'Aurora, Jack)
April 21, 2021 Opinion or Order Filing 16 MOTION for Extension of Time to File Response/Reply as to #12 First MOTION to Remand and for Atorney Fees and Costs Oral Argument Requested MOTION for Attorney Fees, #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/10/2021. by Defendant Hardy Diagnostics. (D'Aurora, Jack)
April 21, 2021 Opinion or Order Notation Order: This civil action is before the Court on Defendant Hardy Diagnostics' motion for extension of time (Doc. #16 ) to file its memorandum in opposition to Plaintiff's motion to remand and for attorney fees (Doc. #12 ). Plaintiff consented to the motion. Accordingly, Defendant Hardy Diagnostics' motion for extension of time (Doc. #16 ) is GRANTED. Defendant Hardy Diagnostics SHALL respond to Plaintiff's motion on or before 5/10/2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/21/2021. (rrs)
April 13, 2021 Opinion or Order Filing 15 RESPONSE in Opposition re #2 First MOTION to Dismiss filed by Plaintiff Western Environmental Corporation. (Tooman, Steven) Modified Docket Text to Reflect Document on 4/13/2021 (bjc).
April 13, 2021 Opinion or Order Notice of Correction re: #13 Pretrial Memorandum, the document appears to also be a Response in Opposition, the filer has been contacted and will file it again as a Response in Opposition. (bjc)
April 13, 2021 Opinion or Order NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Ziyad I. Naccasha, Ryan C. Andrews, Devin V. Mikulka as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 4/13/2021. (eh)
April 12, 2021 Opinion or Order Filing 14 NOTICE of Appearance by Lucinda C. Shirooni for Plaintiff Western Environmental Corporation (Bruns, Thomas) Modified Docket Text to Reflect Document on 4/13/2021 (bjc).
April 12, 2021 Opinion or Order Filing 13 MEMORANDUM in support of Doc. #12 by Plaintiff Western Environmental Corporation. (Tooman, Steven) Modified Docket Text to Reflect Document on 4/13/2021 (bjc).
April 12, 2021 Opinion or Order Filing 12 First MOTION to Remand and for Atorney Fees and Costs Oral Argument Requested by Plaintiff Western Environmental Corporation. (Tooman, Steven). Added MOTION for Attorney Fees on 4/13/2021 (bjc).
April 12, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Thomas Dierling for Plaintiff Western Environmental Corporation (Tooman, Steven) Modified Docket Text to Reflect Document on 4/13/2021 (bjc).
April 12, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Steven A Tooman for Plaintiff Western Environmental Corporation (Tooman, Steven)
April 12, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Thomas B Bruns for Plaintiff Western Environmental Corporation (Bruns, Thomas)
April 2, 2021 Opinion or Order Filing 8 NOTICE by Defendant Hardy Diagnostics re #7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number AOHSDC-8246286) of Ziyad I. Naccasha, Ryan C. Andrew, Devin V. Mikulka Certificates of Good Standing (D'Aurora, Jack)
April 1, 2021 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number AOHSDC-8246286) of Ziyad I. Naccasha, Ryan C. Andrew, Devin V. Mikulka by Defendant Hardy Diagnostics. (D'Aurora, Jack)
March 24, 2021 Opinion or Order Filing 6 ORDER REASSIGNING CASE signed by Judge Susan J. Dlott on 3/24/2021. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Susan J. Dlott no longer assigned to case. (eh)
March 24, 2021 Opinion or Order Filing 5 ANSWER to Complaint (Notice of Removal) originally filed 3/22/2021 in Warren County Court of Common Pleas (Case No. 21CV94033) by Defendant U.S Bank National Association by Defendant Hardy Diagnostics. (D'Aurora, Jack)
March 24, 2021 Opinion or Order Filing 4 ANSWER to Complaint (Notice of Removal) originally filed 3/2/2021 in Warren County Court of Common Pleas (Case No. 21CV94033) by Warren County Treasurer and Warren County Auditor by Defendant Hardy Diagnostics. (D'Aurora, Jack)
March 24, 2021 Opinion or Order Filing 3 COMPLAINT originally filed 2/22/2021 in Warren County Court of Common Pleas (Case No. 21CV94033) by Western Environmental Corporation against Hardy Diagnostics, U.S. Bank National Association, Warren County Auditor, Warren County Treasurer. (Attachments: #1 Ex. 1-8) (eh)
March 24, 2021 Opinion or Order If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
March 23, 2021 Opinion or Order Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Hardy Diagnostics. (D'Aurora, Jack)
March 23, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Warren County Court of Common Pleas, case number 21cv94033 ( Filing fee $ 402 paid - receipt number: AOHSDC-8230478), filed by Hardy Diagnostics. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Summons) (D'Aurora, Jack)

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Defendant: Warren County Treasurer
Represented By: Christopher Andrew Watkins
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Defendant: U.S. Bank National Association
Represented By: Kevin R Carter
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Defendant: Hardy Diagnostics
Represented By: Ryan C. Andrews
Represented By: Jack D'Aurora
Represented By: Ziyad I. Naccasha
Represented By: Devin V. Mikulka
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Defendant: Warren County Auditor
Represented By: Christopher Andrew Watkins
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Plaintiff: Western Environmental Corporation
Represented By: Steven A Tooman
Represented By: Thomas A Dierling
Represented By: Thomas B Bruns
Represented By: Lucinda C Shirooni
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