Sueno Fitness Inc. et al v. OH Steele Fitness, LLC et al
| Sueno Fitness Inc., Hilario Grajeda and Rebecca Grajeda |
| OH Steele Fitness, LLC, Shane Franklin, Fitness 1440, Inc. and Phoenix 1440, Inc. |
| 1:2023cv00415 |
| July 5, 2023 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 9
WAIVER OF SERVICE Returned Executed. Waiver sent to OH Steele Fitness, LLC on 7/10/2023, answer due 9/8/2023. (Jolley, Tyler)
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Notation Order: This civil action is before the Court on Plaintiffs' and Defendants OH Steele Fitness and Shane Franklin's joint motion, via telephone and email, to extend the temporary restraining order and briefing schedule on Plaintiffs' motion for preliminary injunction. The parties seek to extend the TRO and the briefing schedule to allow additional time to explore settlement. For good cause shown and considering the agreement of the parties, the motion is GRANTED. The TRO will expire on 9/28/2023. Fed. R. Civ. P. 65(b)(2). Plaintiffs' motion for preliminary injunction is due on or before 9/7/2023. Defendants' response in opposition is due on or before 9/13/2023. Plaintiffs' reply is due on or before 9/18/2023. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/4/2023. (rrs)
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Notation Order: This civil action is before the Court on Plaintiffs' and Defendants OH Steele Fitness and Shane Franklin's joint motion, via telephone and email, to extend the temporary restraining order and briefing schedule on Plaintiffs' motion for preliminary injunction. (See 7/19/2023 Notation Orders). The parties seek to extend the TRO and the briefing schedule by 14 days to allow additional time to explore settlement. For good cause shown and considering the agreement of the parties, the motion is GRANTED. The TRO will expire on 8/16/2023. Plaintiffs' motion for preliminary injunction is due on or before 8/7/2023. Defendants' response in opposition is due on or before 8/10/2023. Plaintiffs' reply is due on or before 8/11/2023. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/21/2023. (rrs)
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NOTICE: The informal preliminary conference by telephone previously scheduled for 7/19/2023 at 3:00 p.m. has a TIME CHANGE and shall now proceed at 2:30 p.m. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for an informal preliminary conference via telephone on 7/19/2023 at 2:30 p.m. Tyler Jolley appeared on behalf of Plaintiffs; Jeffrey Nye appeared on behalf of Defendants OH Steele Fitness, LLC and Shane Franklin. Having heard from the parties and considered the pending motion (Doc. #7 ), the Court converts Plaintiffs' motion for an emergency order of possession pursuant to Ohio Rev. Code 2737.19 to a motion for temporary restraining order, Ohio Rev. Code 2737.20. Fed. R. Civ. P. 65(b). The Court finds that, until the parties are able to fully brief the motion, the status quo must be maintained. See Procter & Gamble Co. v. Bankers Tr. Co., 78 F.3d 219, 226 (6th Cir. 1996) ("the purpose of a TRO under Rule 65 is to preserve the status quo so that a reasoned resolution of a dispute may be had"). Plaintiffs will face immediate irreparable injury without an injunction as the gym equipment at issue may be concealed or disposed of. E.g., McGirr v. Rehme, 891 F.3d 603, 613 (6th Cir. 2018) ("The concealment and dissipation of assets likely obtained through fraud constitutes irreparable harm for the purposes of issuing a preliminary injunction."). Accordingly, Plaintiffs' motion (Doc. #7 ) is granted as follows: Defendants are hereby ENJOINED from shipping or otherwise moving any gym equipment from the premises, located at 827 W. Central Ave., Springboro, Ohio 45066. At this time, the Court foregoes any bond, subject to reconsideration when considering the motion for preliminary injunction. See Moltan Co. v. Eagle-Picher Indus., Inc., 55 F.3d 1171, 1176 (6th Cir. 1995) ("the rule in our circuit has long been that the district court possesses discretion over whether to require the posting of security"). This Order will expire in fourteen (14) days. The Court will issue a briefing schedule on a motion for preliminary injunction via separate order. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/19/2023. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for a continuation of the informal preliminary conference via telephone on 7/19/2023 at 4:00 p.m. Tyler Jolley appeared on behalf of Plaintiffs; Jeffrey Nye appeared on behalf of Defendants OH Steele Fitness, LLC and Shane Franklin for the limited purpose of today's informal preliminary conference. Mr. Nye is ORDERED, as an officer of the Court, to provide immediately (on 7/19/2023) notice and a copy of the Court's Notation Order enjoining Defendants from moving the equipment for at least 14 days and to confirm via email to the law clerk, copying Plaintiffs' counsel, that the order has been received by Defendants OH Steele Fitness and Shane Franklin. Plaintiffs' motion for preliminary injunction is due on or before 7/24/2023. Defendants' response in opposition is due on or before 7/27/2023. Plaintiffs' reply is due on or before 7/28/2023. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/19/2023. (rrs)
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Notation Order and Notice of Hearing: This civil action is before the Court on of Plaintiff's motion for emergency order of possession. (Doc. #7 ). Having reviewed the motion, the Court sets this case for an informal preliminary conference by telephone on 7/19/2023 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/18/2023. (rrs)
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Filing 7
Emergency MOTION Emergency Order of Possession Pursuant to R.C. 2737.19 by Plaintiffs Hilario Grajeda, Rebecca Grajeda, Sueno Fitness Inc.. (Attachments: #1 Exhibit Affidavit of Hilario Grajeda, #2 Exhibit May 2, 2023 Letter to Defendants, #3 Exhibit E-mail from Heath York, #4 Exhibit E-mail to Heath York and Shane Franklin, #5 Exhibit Proposed Order) (Jolley, Tyler)
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Filing 6
Summons Issued as to OH Steele Fitness, LLC. (md)
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Filing 5
REQUEST for Issuance of Summons. to OH Steele Fitness, LLC c/o Shane Franklin (Jolley, Tyler)
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Filing 4
Summons Issued as to Fitness 1440, Inc., Shane Franklin, OH Steele Fitness, LLC, and Phoenix 1440, Inc. (zmc)
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Filing 3
NOTICE of Appearance by Robert William Schrimpf for Plaintiffs Hilario Grajeda, Rebecca Grajeda, Sueno Fitness Inc. (Schrimpf, Robert)
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Filing 2
Corporate Disclosure Statement by Plaintiffs Hilario Grajeda, Rebecca Grajeda, Sueno Fitness Inc., Sueno Fitness Inc., Sueno Fitness Inc., Sueno Fitness Inc. identifying Corporate Parent Sueno Fitness Inc. for Hilario Grajeda, Rebecca Grajeda, Sueno Fitness Inc... (Jolley, Tyler)
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Filing 1
COMPLAINT with JURY DEMAND against Fitness 1440, Inc., Shane Franklin, OH Steele Fitness, LLC, Phoenix 1440, Inc. ( Filing fee $ 402 paid - receipt number: AOHSDC-9494084), filed by Sueno Fitness Inc., Rebecca Grajeda, Hilario Grajeda. (Attachments: #1 Exhibit Equipment List, #2 Exhibit APA, #3 Civil Cover Sheet, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form, #8 Summons Form) (Jolley, Tyler)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (zmc)
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