Burton et al v. Winn et al
| Logan Burton, Marc Zdrojewski, James Wright, Tara Brooks, Gary Brooks, Craig Fields, Trevor Wilcox, Michael Parks, G3 Merchandise, LLC, Silver Creek Shop, LLC, Accurate Weights, LLC, Landduck, LLC, TC Trucommerce, LLC and David Grigonis |
| Cody Clay Winn, Market Modern, LLC and John Does 1-20 |
| 1:2024cv00045 |
| January 30, 2024 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Other Fraud |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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NOTATION ORDER: By agreement of the parties, the TRO shall be extended through the evidentiary hearing on the motion for preliminary injunction, which is currently set for 4/3/24 at 10:00 a.m. SO ORDERED. Signed by Judge Douglas R. Cole on 3/26/24. (sct)
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| NOTICE of Hearing on Motion re #2 MOTION for Preliminary Injunction: Motion Hearing set for 4/3/24 at 10:00 AM in Courtroom 805 before Judge Douglas R. Cole. (sct) |
| Filing 15 ANSWER to Complaint filed by All Defendants. (Mulvaney, Christopher) |
| Filing 14 Supplemental Motion for Contempt , Supplemental MOTION for Extension of Time New date requested 3/18/2024. by Plaintiffs Accurate Weights, LLC, Gary Brooks, Tara Brooks, Logan Burton, Craig Fields, G3 Merchandise, LLC, David Grigonis, Landduck, LLC, Michael Parks, Silver Creek Shop, LLC, TC Trucommerce, LLC, Trevor Wilcox, James Wright, Marc Zdrojewski. (Attachments: #1 Exhibit Mulvaney-Chedid Correspondence) (Chedid, Jed) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 3/4/24. Jed Chedid appeared for Plaintiffs; Christopher Mulvaney appeared for Defendants. Plaintiffs' supplemental motion for contempt and extension of temporary restraining order and preliminary injunction hearing date was discussed. Defendant shall submit an affidavit to Plaintiffs' counsel stating that he has provided all information required by the TRO available to him. Plaintiffs' counsel shall email time/billing records to the Court, copying defendants' counsel. The TRO shall be extended through the evidentiary hearing on the motion for preliminary injunction, which shall be held on or before 3/29/24. (sct) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 2/22/24. Jed Chedid appeared for Plaintiffs; Christopher Mulvaney appeared for Defendants. Plaintiffs' motion for contempt and extension of temporary restraining order and preliminary injunction hearing date was discussed. The parties shall confer and submit an agreed order to chambers extending the terms of the TRO and providing a new date for the hearing on the preliminary injunction. Ruling on the motion for contempt is stayed and defendants shall not be required to file a response at this time. Plaintiffs' counsel shall advise the Court when the stay can be lifted. The hearing on the motion for preliminary injunction set for 2/29/24 at 1:00 p.m. is vacated. (sct) |
| Filing 13 Motion for Contempt , MOTION for Extension of Time New date requested 3/18/2024. Motion for Contempt and Extension of Temporary Restraining Order and Preliminary Injunction Hearing Date by Plaintiffs Accurate Weights, LLC, Gary Brooks, Tara Brooks, Logan Burton, Craig Fields, G3 Merchandise, LLC, David Grigonis, Landduck, LLC, Michael Parks, Silver Creek Shop, LLC, TC Trucommerce, LLC, Trevor Wilcox, James Wright, Marc Zdrojewski. (Attachments: #1 Exhibit Exhibit A - 2/19/24 - Mulvaney-Chedid Correspondence, #2 Exhibit Exhibit B - 2/20/24 - Mulvaney Correspondence) (Chedid, Jed) |
| NOTICE of Hearing on Motion re #2 Plaintiffs' MOTION for Preliminary Injunction: Motion Hearing set for 2/29/24 at 1:00 PM in Courtroom 805 before Judge Douglas R. Cole. (sct) |
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NOTATION ORDER granting #12 Stipulated Motion for Extension of Temporary Restraining Order Deadlines. The temporary restraining order shall expire on 3/4/24 and Defendant Cody Clay Winn shall have until 2/19/24 to to provide Plaintiffs' counsel with a full accounting and financial statements under his control, management, and/or possession (including any such assets that were or are held by Defendant Market Modern, LLC), that were purchased in whole or in part with funds received by Plaintiffs (e.g., automobiles, properties, etc.) or that hold or ever held any such funds (e.g., bank accounts or investment accounts into which such funds were deposited). SO ORDERED. Signed by Judge Douglas R. Cole on 2/16/24. (sct)
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| Filing 12 MOTION for Extension of Time New date requested 3/4/2024. Stipulated Motion for Extension of Temporary Restraining Order Deadlines by Plaintiffs Accurate Weights, LLC, Gary Brooks, Tara Brooks, Logan Burton, Craig Fields, G3 Merchandise, LLC, David Grigonis, Landduck, LLC, Michael Parks, Silver Creek Shop, LLC, TC Trucommerce, LLC, Trevor Wilcox, James Wright, Marc Zdrojewski. (Chedid, Jed) |
| Notice of Correction re [FORMER DOC 11]: Document filed in error and has been refiled as doc #12 . (kh) |
| Filing 10 NOTICE of Appearance by Christopher J Mulvaney for Defendants John Does 1-20, Market Modern, LLC, Cody Clay Winn (Mulvaney, Christopher) |
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Filing 9
ORDER granting #2 Plaintiffs' Ex Parte Motion for Temporary Restraining Order. Signed by Judge Douglas R. Cole on 2/6/24. (sct)
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| Filing 8 Corporate Disclosure Statement by Plaintiffs Accurate Weights, LLC, G3 Merchandise, LLC, Landduck, LLC, Silver Creek Shop, LLC, TC Trucommerce, LLC. (Chedid, Jed) |
| Filing 7 Summons Reissued as to Defendants Market Modern, LLC and Cody Clay Winn. (zmc) |
| Filing 6 REQUEST for Issuance of Summons. (Chedid, Jed) |
| Filing 5 Summons Issued as to Market Modern, LLC and Cody Clay Winn. (zmc) |
| Filing 4 REQUEST for Issuance of Summons. (Chedid, Jed) |
| Filing fee: $ 405, receipt number AOHSDC-9803764. (Chedid, Jed) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference by telephone re #2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction held on 2/5/24. Jed Chedid appeared for Plaintiffs; Defendants Cody Clay Winn and Market Modern, LLC did not appear. Plaintiffs' counsel advised the Court that he has not served the complaint and summons but intends to serve by mail within the next 24 hours. Plaintiffs' counsel also notified the Court that he sent a copy of the Complaint along with the motion by expedited mail to the defendants' last known addresses on 1/31/24, the day they were filed. Counsel further advised the Court that he sent mail notice to the same address on 2/2/24 advising Defendants of this telephone conference. The Court then discussed the Plaintiffs' request for an ex parte TRO, with the Court ultimately advising counsel for Plaintiffs that it is inclined to grant the motion for TRO, but that it needs to consider the precise contours of the relief that it will provide. Plaintiffs' counsel shall email a proposed order to the Court. (Court Reporter: Sue Lopreato-Official). (sct) |
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NOTATION ORDER granting #3 Plaintiffs' Motion to Supplement Corporate Disclosure Statement, Instanter. Plaintiffs shall electronically file the proposed corporate disclosure statement on the Court's docket. SO ORDERED. Signed by Judge Douglas R. Cole on 2/2/24. (sct)
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| Filing 3 MOTION for Leave to File Corporate Disclosure Statement by Plaintiffs Accurate Weights, LLC, Gary Brooks, Tara Brooks, Logan Burton, Craig Fields, G3 Merchandise, LLC, David Grigonis, Landduck, LLC, Michael Parks, Silver Creek Shop, LLC, TC Trucommerce, LLC, Trevor Wilcox, James Wright, Marc Zdrojewski. (Attachments: #1 Corporate Disclosure Statement) (Chedid, Jed) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (zmc) |
| Filing 2 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Accurate Weights, LLC, Gary Brooks, Tara Brooks, Logan Burton, Craig Fields, G3 Merchandise, LLC, David Grigonis, Landduck, LLC, Michael Parks, Silver Creek Shop, LLC, TC Trucommerce, LLC, Trevor Wilcox, James Wright, Marc Zdrojewski. (Chedid, Jed). Added MOTION for Preliminary Injunction on 2/1/2024 (bjc). Modified docket text on 3/4/2024 (sct). |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants (Filing fee $ 405 paid - receipt number AOHSDC-9803764), filed by Craig Fields, Accurate Weights, LLC, James Wright, Trevor Wilcox, G3 Merchandise, LLC, Marc Zdrojewski, Landduck, LLC, Michael Parks, logan burton, Tara Brooks, TC Trucommerce, LLC, Silver Creek Shop, LLC, Gary Brooks. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Affidavit Exhibit A - Burton, #3 Affidavit Exhibit B - Zdrojewski, #4 Affidavit Exhibit C - Brooks, #5 Affidavit Exhibit D - Fields, #6 Affidavit Exhibit E - Grigonis, #7 Affidavit Exhibit F - Wright, #8 Affidavit Exhibit G - Wilcox, #9 Affidavit Exhibit H - Chedid) (Chedid, Jed) Modified docket text to add receipt number on 2/5/2024 (zmc). |
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