irth Solutions, LLC v. Windstream Communications LLC
| irth Solutions, LLC |
| Windstream Communications LLC |
| KorTerra, Inc. |
| 2:2016cv00219 |
| March 10, 2016 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| James L Graham |
| Kimberly A Jolson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 74 USCA Order - IT is ORDERED that the appeal is dismissed. (No Mandate to Issue) (pb) |
| ***Civil Case Terminated per #73 STIPULATION of Dismissal by Plaintiff irth Solutions, LLC. (mdr) |
| Filing 73 STIPULATION of Dismissal by Plaintiff irth Solutions, LLC. (McCarthy, Patrick) |
| Filing 72 Appeal Filing fee Received: $ 505.00, receipt number 200COL053448 (daf) |
| Remark: Counsel indicated via telephone that the filing fee for the appeal is being mailed to the Clerk's Office. (jlk) |
| Filing 71 USCA Case Number 18-3740 re Appeal (per order granting petition for permission for leave to appeal ). Case Manager - Bryant Crutcher. (sct) |
Filing 70
ORDER of USCA granting the petition for permission for leave to appeal. (sct)
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Filing 69
OPINION AND ORDER granting #68 Motion for Leave to Appeal. Signed by Judge James L. Graham on 4/19/2018. (ds)
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| Case Stayed (ds) |
| NOTICE TERMINATING DEADLINES/HEARINGS - The deadline for submitting a proposed scheduling order is VACATED. (jr) |
| Filing 68 MOTION for Leave to Appeal to Certify Orders for Interlocutory Appeal Under 28 U.S.C. Section 1292(b) and Motion to Stay by Defendant Windstream Communications LLC. (Montgomery, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 2/2/2018. (jr) |
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Filing 67
ORDER: The parties are directed to meet and confer re discovery and a new case management schedule. Joint proposed schedule due via email by 2/5/2018. Signed by Magistrate Judge Kimberly A. Jolson on 1/29/2018. (ew)
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Filing 66
ORDER denying #60 Motion for Reconsideration of #58 Magistrate Judge's 8/2/17 Opinion and Order. Signed by Judge James L. Graham on 1/26/18. (jlg6)
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Filing 65
ORDER granting #63 Motion to Continue and vacating the Final Pre-trial conference and Jury Trial. Signed by Judge James L. Graham on 9/8/2017. (ds)
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| Filing 64 NOTICE by Defendant Windstream Communications LLC [Defendant's Notice of Withdrawal of Counsel] (Matthews, Jacqueline) |
| Filing 63 Joint MOTION to Continue Final Pretrial Conference and Jury Trial by Defendant Windstream Communications LLC. (Attachments: #1 Text of Proposed Order) (Montgomery, Michael) |
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Filing 62
ORDER granting #59 Motion to Stay. Signed by Judge James L. Graham on 8/31/17. (jlg6)
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| Filing 61 RESPONSE to Motion re #60 MOTION for Reconsideration re #58 Order , Oral Argument Requested filed by Plaintiff irth Solutions, LLC. (Beach, Colin) |
| Filing 60 MOTION for Reconsideration re #58 Order , Oral Argument Requested by Defendant Windstream Communications LLC. (Montgomery, Michael) |
| Filing 59 MOTION to Stay re #58 Order by Defendant Windstream Communications LLC. (Attachments: #1 Text of Proposed Order) (Montgomery, Michael) |
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Filing 58
OPINION AND ORDER: Defendant's request for sanctions and the return of documents is DENIED. Signed by Magistrate Judge Kimberly A. Jolson on 8/2/2017. (ew)
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| Notice of Mediation Conference: Mediator Shawn Judge to conduct Settlement Week Conference on 6/21/2017 at 09:00 AM. (jr) |
| Filing 57 Notice of Mediation Conference: Mediator Shawn Judge to conduct Settlement Week Conference on 6/14/2017 at 09:00 AM. (Attachment: #1 Report) (sln) |
| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 5/17/2017. (jr) |
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Filing 56
ORDER: This case has been previously identified as ready for mediation during the June 2017 Settlement Week. It is ORDERED that, as soon as practicable following the receipt of this Order, counsel confer concerning the readiness of their case for Settlement Week. If all counsel concur that the case is not ready to set, counsel shall email the Courtroom Deputy Jessica Rector by 5/19/2017 to advise her that the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 5/15/2017. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 55
ORDER denying as moot #39 Motion to Compel. If another dispute arises between Plaintiff and KorTerra, the parties are DIRECTED to schedule a conference with the Court prior to filing a motion. Signed by Magistrate Judge Kimberly A. Jolson on 5/11/2017. (ew)
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| Filing 54 STATUS REPORT of Counsel for Plaintiff and Counsel for Non-Party Korterra, Inc. by Movant KorTerra, Inc.. (Kessler, David) |
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Filing 53
ORDER: Status Conference set for 5/11/2017 at 02:00 PM in Chambers. Signed by Magistrate Judge Kimberly A. Jolson on 5/9/2017. (ew)
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| NOTICE of Hearing: Status Conference reset for 5/17/2017 11:15 AM before Magistrate Judge Kimberly A. Jolson. (jr) |
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Filing 52
ORDER: Defendant is DIRECTED to submit four documents withheld during the initial privilege review via email for in camera review by 5/10/2017. Signed by Magistrate Judge Kimberly A. Jolson on 5/8/2017. (ew)
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Filing 51
ORDER: Plaintiff and Movant KorTerra, Inc. are DIRECTED to meet and confer regarding the subpoena. Joint Status Report via email due by 5/11/2017. Signed by Magistrate Judge Kimberly A. Jolson on 5/4/2017. (ew) Modified text on 5/5/2017 (kdp).
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| Filing 50 REPLY to Response to Motion re #39 MOTION to Compel Complaince With Subpoena Served Upon KorTerra, Inc. filed by Plaintiff irth Solutions, LLC. (Beach, Colin) |
| Filing 49 BRIEF re #44 Discovery Hearing by Defendant Windstream Communications LLC. (Montgomery, Michael) |
| Filing 48 BRIEF re #44 Discovery Hearing by Plaintiff irth Solutions, LLC. (Beach, Colin) |
| Filing 47 Transcript of Oral Argument Hearing Proceedings held on 4-18-17, before Magistrate Judge Kimberly A. Jolson. Court Reporter/Transcriber Denise Errett, Official, Telephone number (614) 719-3029. 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 5/16/2017. Redacted Transcript Deadline set for 5/26/2017. Release of Transcript Restriction set for 7/24/2017. (Errett, Denise) |
| Filing 46 BRIEF by Defendant Windstream Communications LLC. (jr) |
| Filing 45 BRIEF by Plaintiff irth Solutions, LLC. (Attachments: #1 Exhibit 1-3) (jr) |
| Filing 44 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Discovery Hearing held on 4/18/2017. (Court Reporter: Denise Errett) (jr) |
| Filing 43 RESPONSE in Opposition re #39 MOTION to Compel Complaince With Subpoena Served Upon KorTerra, Inc. filed by Movant KorTerra, Inc.. (Attachments: #1 Affidavit Exhibit to Memo in Opposition) (Kessler, David) |
| Filing 42 NOTICE of Hearing: Discovery Hearing set for 4/18/2017 11:00 AM in Courtroom 228 - Columbus before Magistrate Judge Kimberly A. Jolson. (jr) |
| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 4/7/2017. (jr) |
| Filing 41 NOTICE of Hearing: Final Pretrial Conference set for 10/13/2017 @10:00 AM in Room #243 before Judge James L. Graham. Jury Trial set for 11/13/2017 @9:00 AM in Courtroom 5 - Columbus before Judge James L. Graham. (Attachments: #1 Appendix Final Pretrial Order, #2 Appendix Jury Instructions, #3 Appendix Decorum) (ds) |
| Filing 40 NOTICE of Appearance by Breaden M Douthett for Defendant Windstream Communications LLC (Douthett, Breaden) |
| Filing 39 MOTION to Compel Complaince With Subpoena Served Upon KorTerra, Inc. by Plaintiff irth Solutions, LLC. (Attachments: #1 Affidavit Colin R. Beach) (Beach, Colin) |
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Filing 38
ORDER - Parties are ORDERED to submit simultaneous letter briefs regarding the discovery dispute to the Court via email no later than Tuesday, 4/4/2017. Signed by Magistrate Judge Kimberly A. Jolson on 3/28/2017. (agm)
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| Filing 37 NOTICE of Appearance by Scott C. Walker for Plaintiff irth Solutions, LLC (Walker, Scott) |
| Filing 36 NOTICE of Appearance by Thomas James Novack for Plaintiff irth Solutions, LLC (Novack, Thomas) |
| Set/Reset Columbus PPTO Deadlines: Settlement Week 6/2017. (jr) |
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Filing 35
ORDER granting #33 Plaintiff's Motion to Modify the Pretrial Order. Signed by Magistrate Judge Kimberly A. Jolson on 2/13/17. (sem)
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| Set/Reset Columbus PPTO Deadlines: Primary Expert due by 3/31/2017. Rebuttal Expert due by 4/28/2017. Discovery due by 5/31/2017. Dispositive motions due by 6/30/2017. (sem) |
| Filing 34 NOTICE by Plaintiff irth Solutions, LLC of Subpoena (Attachments: #1 Exhibit Subpoena) (Beach, Colin) |
| Filing 33 MOTION Modify Pretrial Order/Case Schedule re #28 MOTION for Extension of Time to Complete Discovery New date requested 2/28/2017. by Plaintiff irth Solutions, LLC. (Beach, Colin) |
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Filing 32
ORDER - Counsel to confer and inform the Court via e-mail by 2/15/2017 if case should not be set for March 2017 Settlement Week. Signed by Magistrate Judge Kimberly A. Jolson on 2/9/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 31 ANSWER to #6 Complaint with Jury Demand [Defendant Windstream Communications, LLC's Answer and Affirmative Defenses to Plaintiff's Complaint] filed by Windstream Communications LLC. (Montgomery, Michael) |
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Filing 30
OPINION AND ORDER granting in part and denying in part #8 Motion to Dismiss for Failure to State a Claim. Signed by Judge James L. Graham on 1/25/2017. (ds)
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Filing 29
ORDER granting #28 Plaintiff's Unopposed Motion to Modify the Pretrial Order. Signed by Magistrate Judge Kimberly A. Jolson on 11/14/2016. (er)
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| Set/Reset Columbus PPTO Deadlines: Primary Expert due by 12/30/2016. Rebuttal Expert due by 1/31/2017. Discovery due by 2/28/2017. Dispositive motions due by 3/31/2017. (er) |
| Filing 28 MOTION for Extension of Time to Complete Discovery New date requested 2/28/2017. by Plaintiff irth Solutions, LLC. Responses due by 12/5/2016 (McCarthy, Patrick) |
| Set/Reset Columbus PPTO Deadlines: Settlement Week due by 3/1/2017. (jr) |
| Filing 27 CERTIFICATE OF SERVICE by Plaintiff irth Solutions, LLC re #26 Notice of Appearance (Beach, Colin) |
| Filing 26 NOTICE of Appearance by Colin Beach for Plaintiff irth Solutions, LLC (Beach, Colin) |
| NOTICE re #26 Notice of Appearance: The document was filed without a certificate of service, which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, please prepare and file the missing certificate using the "Certificate of Service" event found under Civil Events - Initial Pleadings and Service - Service of Process, and link the event to the Notice of Appearance when prompted. (kk) |
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Filing 25
ORDER regarding December 2016 Settlement Week. Parties are ORDERED to inform the Court of the readiness of their case for Settlement Week by 11/10/2016. Signed by Magistrate Judge Kimberly A. Jolson on 11/1/2016. (pes)
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Filing 24
ORDER granting #23 Motion for Leave to File Documents. Signed by Magistrate Judge Kimberly A. Jolson on 10/14/2016. (pes)
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| Filing 23 First MOTION for Leave to File Documents by Plaintiff irth Solutions, LLC. Responses due by 11/7/2016 (Attachments: #1 Exhibit A2) (McCarthy, Patrick) |
| Set/Reset Deadlines: Settlement Week 12/2016. (jr) |
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Filing 22
ORDER: Counsel to confer and inform the Court via e-mail by 8/12/2016 if case should not be set for September 2016 Settlement Week. Signed by Magistrate Judge Kimberly A. Jolson on 8/5/2016. (kk)
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Filing 21
ORDER GRANTING #20 First MOTION for Extension of Time. Amended Pleadings or Joinder of Parties due by 8/15/2016. Signed by Magistrate Judge Kimberly A. Jolson on 7/18/2016. (pes)
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| Filing 20 First MOTION for Extension of Time New date requested 8/15/2016. by Plaintiff irth Solutions, LLC. Responses due by 8/8/2016 (McCarthy, Patrick) |
| Filing 19 **See 6/6/2016 corrective notice** - First MOTION for Leave to Appear Change in Law Firm by Plaintiff irth Solutions, LLC. (McCarthy, Patrick) Modified on 6/6/2016 (kk). |
| NOTICE of Change of Address by Patrick D. McCarthySEE DOCKET #19 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Notice of Change of Address," which can be found in the "Other Filings" section of CM/ECF. Document was incorrectly filed as a Motion for Leave to Appear. (kk) |
| Filing 18 REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , IN PART filed by Defendant Windstream Communications LLC. (Montgomery, Michael) |
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Filing 17
PRELIMINARY PRETRIAL ORDER: This case is referred to the September 2016 SETTLEMENT WEEK. Joinder of Parties due by 7/15/2016. Motions to Amend due by 7/15/2016. Rule 26(a)(1) Disclosures due by 6/10/2016. Primary Expert due by 9/30/2016. Rebuttal Expert due by 10/31/2016. Discovery due by 11/30/2016. Dispositive motions due by 12/30/2016. Signed by Magistrate Judge Kimberly A. Jolson on 5/19/2016. (pes)
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| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Initial Pretrial Conference held on 5/19/2016. (jr) |
| Filing 16 NOTICE of Hearing: Preliminary Pretrial Conference reset for 5/19/2016 03:30 PM before Magistrate Judge Kimberly A. Jolson. (jr) |
| Filing 15 RESPONSE in Opposition to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , IN PART filed by Plaintiff irth Solutions, LLC. (McCarthy, Patrick) Modified on 5/10/2016 to correct text (kk) |
| Filing 14 RULE 26(f) REPORT [Rule 26(f) Report of Parties] by Defendant Windstream Communications LLC. (Montgomery, Michael) |
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Filing 13
ORDER granting #11 Motion for Extension of Time to File Response re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , IN PART. Responses due by 5/9/2016. Signed by Magistrate Judge Kimberly A. Jolson on 4/26/2016. (pes)
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| Filing 12 MOTION for Order to an extension of time to respond to Defendants 12b6 Motion by Plaintiff irth Solutions, LLC. Responses due by 5/9/2016 (McCarthy, Patrick) |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , IN PART New date requested 5/9/2016. by Plaintiff irth Solutions, LLC. Responses due by 5/19/2016 (Attachments: #1 Text of Proposed Order, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4) (McCarthy, Patrick) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer #6 Complaint. Defendant may have until 14 days following the Court's disposition of the pending partial motion to dismiss to answer Plaintiff's remaining claims. Signed by Magistrate Judge Kimberly A. Jolson on 4/1/2016. (pes)
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| Filing 9 MOTION for Extension of Time to File Answer re #6 Complaint. by Defendant Windstream Communications LLC. Responses due by 4/25/2016 (Attachments: #1 Memorandum in Supprt of Defendant Motion for Extension of Time to Answer Plaintiff Complaint, #2 Proposed Order Granting Extension of Time to File Answer to Complaint) (Montgomery, Michael) Modified Text on 4/1/2016 (sem). |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , IN PART by Defendant Windstream Communications LLC. Responses due by 4/25/2016 (Attachments: #1 Memorandum in Support of Defendants Motion to Dismiss) (Montgomery, Michael) |
| Filing 7 NOTICE of Hearing: Preliminary Pretrial Conference set for 5/11/2016 02:00 PM before Magistrate Judge Kimberly A. Jolson. (jr) |
| Filing 6 COMPLAINT against Windstream Communications LLC, filed in Franklin County Common Pleas Court on February 29, 2016 by irth Solutions, LLC. (ds) (Additional attachment(s) added on 10/14/2016: #1 Exhibit A2) (pes). |
| Set/Reset Deadlines: Windstream Communications LLC answer due 3/31/2016. (er) |
| Filing 5 STIPULATION of Extension of Time to Move or Plead by Defendant Windstream Communications LLC. (Montgomery, Michael) |
| Filing 4 NOTICE of Appearance by Jacqueline Kathleen Matthews for Defendant Windstream Communications LLC (Matthews, Jacqueline) |
| Filing 3 NOTICE of Appearance by Michael J Montgomery for Defendant Windstream Communications LLC (Montgomery, Michael) |
| Filing 2 Corporate Disclosure Statement by Defendants Windstream Communications LLC, Windstream Holdings, Inc. identifying Corporate Parent Windstream Holdings, Inc. for Windstream Communications LLC.. (Montgomery, Michael) |
| Filing 1 NOTICE OF REMOVAL from Franklin County Court of Common Pleas, case number 16CV-01-1018 ( Filing fee $ 400 paid - receipt number: 0648-5417021), filed by Windstream Communications LLC. (Attachments: #1 Exhibit 1 - Windstream Civil Cover Sheet, #2 Exhibit 2 - Summons and Complaint, #3 Exhibit 3 - Franklin County Consent to Move or Plead) (Montgomery, Michael) |
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