National Railroad Safety Services, Inc. v. Gallagher III et al
National Railroad Safety Services, Inc. |
John D. Gallagher III and RailPros, Inc. |
1:2021cv00491 |
July 27, 2021 |
US District Court for the Southern District of Ohio |
Douglas R Cole |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/17/21. Chad Ziepfel and Medora Akers appeared for Plaintiff; Collin Brodrick and Robert Petrulis appeared for Defendants. The proposed preliminary injunction order that the Defendants submitted was discussed. The Court suggested that the parties may want to work together to see if they could agree on a proposed preliminary injunction. (sct) |
Minute Entry for proceedings held before Judge Douglas R. Cole: Motion Hearing held on 9/14/21 re #5 Plaintiff's MOTION for Preliminary Injunction. Chad Ziepfel and Medora Akers appeared for Plaintiff; Collin Brodrick and Robert Petrulis appeared for Defendants. The Court heard arguments of counsel and testimony of Adam Shephard and John Gallagher, II. Plaintiff's exhibits 1-11, and 13 admitted; Defendants' exhibits 1 and 2 admitted. Matter taken under advisement. Order to issue. (Court Reporter: Sue Lopreato-Official). (sct) |
NOTATION ORDER granting #12 Plaintiff's Unopposed MOTION for Extension of Time to Oppose #9 Defendants' MOTION to Dismiss or Transfer Venue. Response due by 9/28/21. SO ORDERED.Signed by Judge Douglas R. Cole on 9/13/21. (sct) |
Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss MOTION to Change Venue New date requested 9/28/2021. by Plaintiff National Railroad Safety Services, Inc.. (Attachments: #1 Text of Proposed Order) (Ziepfel, Chad) |
Filing 11 NOTICE of Appearance by Robert C Petrulis for Defendants John D. Gallagher III, RailPros, Inc. (Petrulis, Robert) |
Filing 10 NOTICE to Take Deposition of John D. Gallagher II by Plaintiff National Railroad Safety Services, Inc.. (Ziepfel, Chad) |
Filing 9 MOTION to Dismiss ( Responses due by 9/14/2021), MOTION to Change Venue by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Exhibit A - Declaration of John D. Gallagher II) (Brodrick, Collin) |
Filing 8 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Exhibit A - Decl. of John D. Gallagher II) (Bennett, Rebecca) |
NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Collin K. Brodrick as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 8/6/2021. (eh) |
Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8440348) of Collin K. Brodrick by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Certificate of Good Standing) (Bennett, Rebecca) |
Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference re #5 Motion for Temporary Restraining Order and Preliminary Injunction by telephone held on 8/2/21. Chad Ziepfel appeared for the Plaintiff; Rebecca Bennett and Collin Brodrick appeared for Defendants. Defendants to file response to motion for TRO by 8/13/21. The parties agreed to extend the deadline for Defendants to answer, move, or otherwise plea until 8/24/21. Expedited Discovery to be completed by 9/3/21. Hearing on the motion for preliminary injunction set for 9/14/21 at 9:30 a.m. (Court Reporter: Sue Lopreato-Official). (sct) |
NOTATION ORDER re Expedited Discovery: The parties shall exchange discovery upon a mutually agreeable schedule, with the parties to make best efforts to provide documents and interrogatory responses in advance of depositions. Each party shall be allowed 2 depositions, 10 document production requests, and 10 interrogatories. Discovery to be completed by 9/3/21. The parties shall contact that Court if they have any issues related to discovery. SO ORDERED. Signed by Judge Douglas R. Cole on 8/2/21. (sct) |
Filing 6 Corporate Disclosure Statement by Defendant RailPros, Inc.. (Bennett, Rebecca) |
Filing 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction originally filed on 7/20/2021 in Butler County Court of Common Pleas (Case No. CV 2021 07 1011) by Plaintiff National Railroad Safety Services, Inc. (kh) |
Filing 4 COMPLAINT with JURY DEMAND against John D. Gallagher III, RailPros, Inc., originally filed on 7/20/2021 in Butler County Court of Common Pleas (Case No. CV 2021 07 1011) by National Railroad Safety Services, Inc. (kh) |
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
Filing 3 NOTICE of Appearance by Medora Akers for Plaintiff National Railroad Safety Services, Inc. (Akers, Medora) |
Filing 2 NOTICE of Appearance by Chad Robert Ziepfel for Plaintiff National Railroad Safety Services, Inc. (Ziepfel, Chad) |
Filing 1 NOTICE OF REMOVAL from Butler County Court of Common Pleas, case number CV 2021 07 1011 ( Filing fee $ 402 paid - receipt number: AOHSDC-8421579), filed by RailPros, Inc., John D. Gallagher III. (Attachments: #1 Exhibit A - State Court Verified Complaint, #2 Exhibit B - Mtn. for TRO and Prel. Inj., #3 Exhibit C - [Proposed] Order granting Mtn. for TRO, #4 Exhibit D - Praecipe for Service on Gallagher, #5 Exhibit E - Praecipe for Service on RailPros, Inc., #6 Exhibit F - State Court Summons, #7 Exhibit G - Electronic Certified Mail Coversheet, #8 Exhibit H - Scheduling Order re Mtn. for TRO, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet) (Bennett, Rebecca) |
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