Abington Emerson Capital, LLC v. Adkins et al
Plaintiff: Abington Emerson Capital, LLC
Defendant: Landash Corporation, XPO Logistics, Inc., XPO Global Forwarding, Inc., Todd Wilkin, Jason Adkins, Afif Baltagi, Mid America Tire of Hillsboro, Inc., John Eckerd and Mid America Tire of Hillsboro, Inc. doing business as Best-One Tire & Service of Hillsboro
Case Number: 2:2017cv00143
Filed: February 17, 2017
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: JACKSON
Presiding Judge: Kimberly A Jolson
Referring Judge: Terence P Kemp
2 Judge: Sarah D Morrison
3 Judge: George C Smith
Nature of Suit: Negotiable Instrument
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2020 Filing 382 NOTICE of Withdrawal of Counsel by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified text on 9/14/2020 (kk2).
August 27, 2020 Filing 381 REPLY to Response to Motion re #364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
August 26, 2020 Opinion or Order Filing 380 OPINION AND ORDER granting #379 Motion to Seal Document. The Clerk is DIRECTED to permanently seal 378 , as well as the attached exhibits. Signed by Magistrate Judge Kimberly A. Jolson on 8/26/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 8/27/2020 (kk2)
August 21, 2020 Filing 379 MOTION to Seal Document Permanently re #375 Reply to Response to Motion, 378 Sealed Reply in Support of Motion in Limine No. 1 by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified text and document links on 8/24/2020 (kk2)
August 7, 2020 Opinion or Order Filing 377 ORDER granting #376 Motion to File Document Under Seal. Abington may temporarily file the unredacted version and exhibits of its Reply in Support to #335 Motion in Limine No. 1 under seal. Should any party wish to maintain the confidentiality of the Reply and its exhibits, they are to file a motion to permanently seal the materials w/in fourteen (14) days. Signed by Magistrate Judge Kimberly A. Jolson on 8/7/2020. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
August 6, 2020 REPLY to Response to Motion re #330 MOTION to Exclude Expert Testimony of Evan Armstrong filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET #371 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF (kk2)
August 6, 2020 REPLY to Response to Motion re #331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET #370 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF (kk2)
August 6, 2020 MOTION for Leave to Supplement the Record with Joshua Allen's Wet Signature by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET #372 FOR DOCUMENT. The filing is a combined response in opposition and a motion to supplement the record. (kk2)
August 6, 2020 Filing 376 MOTION to File Document Under Seal by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (McHugh, Brandon)
August 6, 2020 Filing 375 REPLY to Response to Motion re #335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - November 8, 2017 Email, #2 Exhibit 2 - November 8, 2017 Email Chain) (McHugh, Brandon)
August 6, 2020 Filing 374 REPLY to Response to Motion re 338 Sealed MOTION for Summary Judgment & #332 (Redacted) MOTION for Summary Judgment filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Appendix A) (Lisinski, Angelyne) Modified text & document links on 8/7/2020 (kk2)
August 6, 2020 Filing 373 REPLY to Response to Motion re #334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
August 6, 2020 Filing 372 RESPONSE in Opposition re #364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement and Motion for Leave to Supplement the Record with Joshua Allen's Wet Signature filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1 Declaration of Martha Brewer Motley, #2 Exhibit 2 Declaration of Joshua Allen) (Motley, Martha)
August 6, 2020 Filing 371 **SEE 8/6/2020 CORRECTIVE ENTRY** - RESPONSE to Motion re #330 MOTION to Exclude Expert Testimony of Evan Armstrong filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Motley, Martha) Modified on 8/7/2020 (kk2)
August 6, 2020 Filing 370 **SEE 8/6/2020 CORRECTIVE ENTRY** - RESPONSE to Motion re #331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha) Modified on 8/7/2020 (kk2).
July 24, 2020 Opinion or Order Filing 369 NOTATION ORDER GRANTING the #368 Motion for Leave to File Excess Pages of Defendants XPO Forwarding, Inc. and XPO Logistics. By Judge Sarah D. Morrison on 7/24/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 23, 2020 Filing 368 MOTION for Leave to File Excess Pages by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Text of Proposed Order) (Whaling, Thomas)
July 15, 2020 Set/Reset Deadlines as to #330 MOTION to Exclude Expert Testimony of Evan Armstrong, #331 MOTION to Exclude Expert Testimony of John T. McGarvey, #332 MOTION for Summary Judgment (Redacted), #334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, and #335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition - Replies due by 8/6/2020 per the Court's 7/14/2020 Order (ECF #367) (kk2)
July 15, 2020 Set/Reset Deadlines as to #364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement - Responses due by 8/6/2020 & Replies due by 8/27/2020 per the Court's 7/14/2020 Order (ECF #367) (kk2)
July 14, 2020 Opinion or Order Filing 367 ORDER GRANTING #366 Joint Motion for Extension of Briefing Schedule. Replies to Opposition Briefs are due on or before 8/6/2020. XPO's Opposition to Abington's Motion to Strike Declaration of XPO's Corporate Representative shall be due on or before 8/6/2020. Abington's Reply in Support of Motion to Strike Declaration of XPO's Corporate Representative shall be filed on or before 8/27/2020. Signed by Judge Sarah D. Morrison on 7/14/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 13, 2020 Filing 366 Joint MOTION for Extension of Time of Briefing Schedule to File Response/Reply re #330 MOTION to Exclude Expert Testimony of Evan Armstrong, #331 MOTION to Exclude Expert Testimony of John T. McGarvey, #332 MOTION for Summary Judgment (Redacted), #334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, #335 Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition & #364 MOTION to Strike Declaration of Corporate Representative by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. & Plaintiff Abington Emerson Capital LLC. New dates requested 8/6/2020 & 8/27/2020. (Attachments: #1 Text of Proposed Order) (Whaling, Thomas) Modified text, ECF filing event, filing parties, and document links on 7/13/2020 (kk2)
July 7, 2020 Filing 365 RESPONSE in Opposition re 338 Sealed MOTION Motion for Summary Judgement re #337 Order on Motion to File Document Under Seal & #332 MOTION for Summary Judgment (Redacted) filed filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (McHugh, Brandon) Modified text on 7/8/2020 (kk2)
July 7, 2020 Filing 364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement re #337 Order on Motion to File Document Under Seal re #332 MOTION for Summary Judgment (Redacted) by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - XPO's Initial Disclosures, Jan. 11, 2019, #2 Exhibit 2 - XPO's Responses to Abington's Interrogatories, Apr. 22, 2019) (McHugh, Brandon) Modified text on 7/8/2020 (kk2)
July 7, 2020 Filing 363 RESPONSE in Opposition re #331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
July 7, 2020 Filing 362 RESPONSE in Opposition re #330 MOTION to Exclude Expert Testimony of Evan Armstrong filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
July 7, 2020 Filing 361 RESPONSE in Opposition re #334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1 Deposition Transcript Excerpt of Michael Urtel and Urtel Deposition Exhibit 18) (Lisinski, Angelyne)
July 7, 2020 Filing 360 RESPONSE in Opposition re #335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha)
July 5, 2020 Filing 359 NOTICE OF FILING DEPOSITION of Ozgur Kan by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
July 5, 2020 Filing 358 DEPOSITION of Ozgur Kan taken on May 22, 2020 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit P479, #2 Exhibit P480, #3 Exhibit P481, #4 Exhibit P482, #5 Exhibit P483, #6 Exhibit P484, #7 Exhibit P485, #8 Exhibit P486, #9 Exhibit P487, #10 Exhibit P488, #11 Exhibit P489, #12 Exhibit P490, #13 Exhibit P491, #14 Exhibit P492, #15 Exhibit P493, #16 Exhibit P494, #17 Exhibit P495, #18 Exhibit P496, #19 Exhibit P497, #20 Exhibit P498, #21 Exhibit P499, #22 Exhibit P500, #23 Exhibit P501, #24 Exhibit P502, #25 Exhibit P503, #26 Exhibit P504, #27 Exhibit P505, #28 Exhibit P506, #29 Exhibit P507, #30 Exhibit P508, #31 Exhibit P509, #32 Exhibit P510, #33 Exhibit P511, #34 Exhibit P512, #35 Exhibit P513) (Mack, Edmond)
July 5, 2020 Filing 357 NOTICE OF FILING DEPOSITION of Tom Stephenson by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
July 5, 2020 Filing 356 DEPOSITION of Tom Stephenson taken on Mar. 11, 2020 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit P22, #2 Exhibit P422, #3 Exhibit P424, #4 Exhibit P425, #5 Exhibit P426, #6 Exhibit P427, #7 Exhibit P428, #8 Exhibit P429, #9 Exhibit P430, #10 Exhibit P431, #11 Exhibit P432, #12 Exhibit P433, #13 Exhibit P434, #14 Exhibit P435, #15 Exhibit P436, #16 Exhibit P437, #17 Exhibit P438, #18 Exhibit P439, #19 Exhibit P440, #20 Exhibit P441, #21 Exhibit P442, #22 Exhibit P443, #23 Exhibit P444, #24 Exhibit P445, #25 Exhibit P446, #26 Exhibit P447, #27 Exhibit P448, #28 Exhibit P449, #29 Exhibit P450, #30 Exhibit P451, #31 Exhibit P452, #32 Exhibit P453, #33 Exhibit P454, #34 Exhibit P459, #35 Exhibit P463, #36 Exhibit P464, #37 Exhibit P465, #38 Exhibit P466, #39 Exhibit P467, #40 Exhibit P468, #41 Exhibit P469, #42 Exhibit P471, #43 Exhibit P474, #44 Exhibit P475, #45 Exhibit P476, #46 Exhibit P478) (Mack, Edmond)
July 5, 2020 Filing 355 NOTICE OF FILING DEPOSITION of Gerald Sabino by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
July 5, 2020 Filing 354 DEPOSITION of Gerald Sabino taken on Feb. 13, 2020 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit P23, #2 Exhibit P40, #3 Exhibit P42, #4 Exhibit P53, #5 Exhibit P82, #6 Exhibit P183, #7 Exhibit P286, #8 Exhibit P347, #9 Exhibit P348, #10 Exhibit P366, #11 Exhibit P370, #12 Exhibit P376, #13 Exhibit P413, #14 Exhibit P414, #15 Exhibit P417, #16 Exhibit P418, #17 Exhibit P419, #18 Exhibit P420 (Part I), #19 Exhibit P420 (Part II), #20 Exhibit P421) (Mack, Edmond)
June 29, 2020 Opinion or Order Filing 353 OPINION AND ORDER granting in part and denying in part #346 Motion to Seal Document, denying without prejudice #347 Motion to Seal. Specifically, XPO's request to permanently seal is DENIED but its request pertaining to waiver is GRANTED. The documents Abington seeks to permanently seal will remain off the public docket for 10 days from the date of this Order, during which time Abington may file a more detailed and narrowly-tailored motion to seal. Signed by Magistrate Judge Kimberly A. Jolson on 6/29/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 25, 2020 Filing 352 NOTICE OF FILING DEPOSITION of John McGarvey by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
June 25, 2020 Filing 351 DEPOSITION of John McGarvey taken on Feb. 20, 2020 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Errata - Apr. 6, 2020, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13) (Mack, Edmond)
June 25, 2020 Filing 350 NOTICE OF FILING DEPOSITION of Evan Armstrong by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
June 25, 2020 Filing 349 DEPOSITION of Evan Armstrong taken on Feb. 27, 2020 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Errata - Mar. 22, 2020, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14) (Mack, Edmond)
June 22, 2020 Opinion or Order Filing 348 NOTATION ORDER - The Court understands that the Motions to Seal (Docs. #346 , #347 ) are unopposed. If not, the parties shall so notify the Court by June 24, 2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/22/20. (jr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 17, 2020 Filing 347 MOTION to Seal Permanently by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) Modified text on 6/18/2020 (kk2)
June 17, 2020 Filing 346 MOTION to Seal Document Permanently re #337 Order on Motion to File Document Under Seal by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified text on 6/18/2020 (kk2)
June 11, 2020 Opinion or Order Filing 345 ORDER granting #344 Motion for Extension of Time: Responses to Motions filed on 6/2/2020 due by 7/7/2020; Replies due by 7/29/2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/11/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 10, 2020 Filing 344 Joint MOTION for Extension of Time to File Response/Reply re #330 MOTION to Exclude Expert Testimony of Evan Armstrong, #331 MOTION to Exclude Expert Testimony of John T. McGarvey, #332 MOTION for Summary Judgment (Redacted), #334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, #335 Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New dates requested 7/7/2020 & 7/29/2020 (Attachments: #1 Text of Proposed Order) (McHugh, Brandon) Modified on 6/11/2020 to correct text, filing parties, and link to relevant motions (kk2) Modified on 6/11/2020 (kk2).
June 3, 2020 Opinion or Order Filing 337 ORDER granting #333 & granting #336 Motions to File Documents Under Temporary Seal. Should the parties wish to permanently seal these materials, they are DIRECTED to file motions to permanently seal w/win fourteen (14) days. If no motions are filed, the documents will be unsealed. Signed by Magistrate Judge Kimberly A. Jolson on 6/3/2020. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
June 2, 2020 NOTICE OF FILING DEPOSITION of Joshua Allen by Plaintiff Abington Emerson Capital, LLCSEE DOCKET #329 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Notice of Filing Deposition," which can be found in the "Discovery Documents" section of CM/ECF (kk2)
June 2, 2020 Filing 336 MOTION to File Document Under Seal by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (McHugh, Brandon)
June 2, 2020 Filing 335 Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant Afif Baltagi's Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Shook Decl 11-4-19, #2 Exhibit 2 - Baltagi Answer - 7-12-19, #3 Exhibit 3 - Baltagi Answer - 4-20-20) (McHugh, Brandon) Modified text on 6/3/2020 (kk2)
June 2, 2020 Filing 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
June 2, 2020 Filing 333 MOTION for Leave to File Document Under Seal Temporarily by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Text of Proposed Order) (Motley, Martha) Modified on 6/3/2020 to correct text & ECF filing event (kk2)
June 2, 2020 Filing 332 MOTION for Summary Judgment (Redacted) by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (Motley, Martha)
June 2, 2020 Filing 331 MOTION to Exclude Expert Testimony of John T. McGarvey by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lisinski, Angelyne)
June 2, 2020 Filing 330 MOTION to Exclude Expert Testimony of Evan Armstrong by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lisinski, Angelyne)
June 2, 2020 Filing 329 **SEE 6/2/2020 CORRECTIVE ENTRY** - NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Joshua Allen (Attachments: #1 Transcript - Deposition of Joshua Allen, Dec. 10, 2019, #2 Exhibit K1) (Mack, Edmond) Modified on 6/3/2020 (kk2).
June 1, 2020 DEPOSITION of Cesar Bernal taken on October 1, 2019 by Defendants XPO Global Forwarding, Inc. & XPO Logistics, Inc.SEE DOCKET #328 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Deposition," which can be found in the "Discovery Documents" section of CM/ECF (kk2)
June 1, 2020 Filing 328 AMENDED Document re Attachment 1 to #327 by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. Corrected Transcript of Cesar Bernal (Whaling, Thomas) Modified on 6/2/2020 (kk2) Modified text on 6/2/2020 (ew).
June 1, 2020 Notice of Correction re #327 Notice of Filing Deposition of Cesar Bernal: This filing is a duplicate of the deposition of Carlos Musetti (see ECF #326), and not the deposition of Cesar Bernal. Counsel should re-file the correct documents for the deposition of Mr. Bernal, if necessary. (kk2)
May 29, 2020 Filing 327 **SEE 6/1/2020 NOTICE OF CORRECTION** - NOTICE OF FILING DEPOSITION of Cesar Bernal by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Attachments: #1 Deposition Transcript of Cesar Bernal, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 391, #31 Exhibit 392, #32 Exhibit 393, #33 Exhibit 394, #34 Exhibit 74) (Whaling, Thomas) Modified on 6/1/2020 (kk2).
May 29, 2020 Filing 326 NOTICE OF FILING DEPOSITION of Carlos Musetti by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Deposition Transcript of Carlos Musetti, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31) (Whaling, Thomas)
May 29, 2020 Filing 325 NOTICE OF FILING DEPOSITION of Curt Christensen by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Deposition Transcript of Curt Christensen, #2 Errata, #3 Exhibit 3, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11) (Whaling, Thomas)
April 30, 2020 Opinion or Order Filing 324 ORDER: XPO shall make its expert available for a deposition on or before 5/22/2020, and expert discovery shall be extended to that date for the limited purpose of deposing XPO's expert. Summary Judgment Motions due by 6/2/2020. Signed by Magistrate Judge Kimberly A. Jolson on 4/30/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2020 Opinion or Order Filing 323 ORDER: All deadlines in this matter are STAYED for 21 days. Signed by Magistrate Judge Kimberly A. Jolson on 3/23/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 11, 2020 Set/Reset Columbus PPTO Deadlines: Discovery (Fact) due by 3/31/2020 per #322 (for the limited purpose of deposing XPO's due diligence expert witness) (kk2)
March 10, 2020 Opinion or Order Filing 322 ORDER: A limited extension of the case schedule is necessary so that Plaintiff may depose XPO's due diligence expert witness. XPO shall make this expert witness available for deposition by 3/31/2020, and fact discovery shall be extended to that date for the limited purpose of deposing him. Summary Judgment Motions due by 4/10/2020. Signed by Magistrate Judge Kimberly A. Jolson on 3/10/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 10, 2020 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 3/10/2020. (jr)
November 20, 2019 Opinion or Order Filing 321 OPINION AND ORDER re #294 : Abington's request for in camera inspection is GRANTED, and Abington's Motion to Compel is DENIED. Signed by Magistrate Judge Kimberly A. Jolson on 11/20/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 15, 2019 Opinion or Order Filing 320 ORDER granting #319 Motion for Extension of Time: Expert Disclosure due by 11/22/2019. Signed by Magistrate Judge Kimberly A. Jolson on 11/15/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 14, 2019 Filing 319 Joint MOTION for Extension of Time: Expert Disclosure Deadline by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New date requested 11/22/2019. (Mack, Edmond) Modified text & filing parties on 11/15/2019 (kk2)
November 5, 2019 Filing 318 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Abington Emerson Capital, LLC re #300 MOTION to Compel Production of Communications Exchanged between Counsel for XPO and Counsel for Jason Adkins, or in the Alternative, Motion for In-Camera Review, #297 MOTION to Compel Production of all Documents Withheld by Defendants XPO Logistics, Inc. & XPO Global Forwarding, Inc. on the Basis of Privilege that were Created on or before August 21, 2017, #306 MOTION for Protective Order (McHugh, Brandon)
November 4, 2019 Filing 317 REPLY to Response to Motion re #294 MOTION to Compel Production of Email Communications between Susan Santo and Defendant Afif Baltagi or, in the alternative, Request for In Camera Inspection filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
November 4, 2019 Filing 316 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Henrik Jorgensen (Attachments: #1 Transcript - Deposition of Henrik Jorgensen, Oct. 15, 2019, #2 Exhibit P89, #3 Exhibit P90, #4 Exhibit P134, #5 Exhibit P135, #6 Exhibit P136, #7 Exhibit P137, #8 Exhibit P138, #9 Exhibit P179, #10 Exhibit P213, #11 Exhibit P214, #12 Exhibit P215, #13 Exhibit P217, #14 Exhibit P218, #15 Exhibit P219, #16 Exhibit P220, #17 Exhibit P221, #18 Exhibit P222, #19 Exhibit P223, #20 Exhibit P224, #21 Exhibit P225, #22 Exhibit P226, #23 Exhibit P227, #24 Exhibit P228, #25 Exhibit P229, #26 Exhibit P230, #27 Exhibit P231, #28 Exhibit P232, #29 Exhibit P233, #30 Exhibit P234, #31 Exhibit P235, #32 Exhibit P237, #33 Exhibit P241, #34 Exhibit P251, #35 Exhibit P252, #36 Exhibit P255, #37 Exhibit P256, #38 Exhibit P257, #39 Exhibit P258, #40 Exhibit P259, #41 Exhibit P261, #42 Exhibit P262, #43 Exhibit P268, #44 Exhibit P269, #45 Exhibit P270, #46 Exhibit P271, #47 Exhibit P275, #48 Exhibit P280, #49 Exhibit P351, #50 Exhibit P352, #51 Exhibit P360, #52 Exhibit P363, #53 Exhibit P395, #54 Exhibit P398, #55 Exhibit P399, #56 Exhibit P400, #57 Exhibit P401, #58 Exhibit P402, #59 Exhibit K1, #60 Exhibit K2, #61 Exhibit K3, #62 Exhibit V28, #63 Exhibit V29, #64 Exhibit V30, #65 Exhibit V31, #66 Exhibit V32, #67 Exhibit V33, #68 Exhibit V34, #69 Exhibit V35, #70 Exhibit V36, #71 Exhibit V37) (Mack, Edmond)
November 4, 2019 Filing 315 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Susan Santo (Attachments: #1 Transcript - Deposition of Susan Santo, Sept. 26, 2019, #2 Exhibit P66, #3 Exhibit P128, #4 Exhibit P129, #5 Exhibit P135, #6 Exhibit P137, #7 Exhibit P138, #8 Exhibit P140, #9 Exhibit P143, #10 Exhibit P144, #11 Exhibit P145, #12 Exhibit P146, #13 Exhibit P147, #14 Exhibit P148, #15 Exhibit P149, #16 Exhibit P179, #17 Exhibit P234, #18 Exhibit P238, #19 Exhibit P240, #20 Exhibit P241, #21 Exhibit P242, #22 Exhibit P253, #23 Exhibit P254, #24 Exhibit P266, #25 Exhibit P267, #26 Exhibit P297, #27 Exhibit P299, #28 Exhibit P301, #29 Exhibit P303, #30 Exhibit P305, #31 Exhibit P306, #32 Exhibit P307, #33 Exhibit P308, #34 Exhibit P310, #35 Exhibit P311, #36 Exhibit P312, #37 Exhibit P313, #38 Exhibit P314, #39 Exhibit P315, #40 Exhibit P316, #41 Exhibit P317, #42 Exhibit P327, #43 Exhibit P330, #44 Exhibit P338, #45 Exhibit P359, #46 Exhibit P389, #47 Exhibit P390) (Mack, Edmond)
November 1, 2019 Opinion or Order Filing 314 ORDER granting #313 Motion for Rule 502(d) Order in Resolution of Discovery Issues, denying as moot #312 Motion for Extension of Time. The Court DIRECTS XPO to submit communications to the Court for in camera review. The Hearing set for 11/19/2019 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 11/1/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 31, 2019 Filing 313 Joint MOTION for Rule 502(d) Order in Resolution of Discovery Issues by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (Attachments: #1 Text of Proposed Order Proposed Order re Waiver under Rule 502(d) 10-31-2019 [FINAL]) (McHugh, Brandon) Modified filing parties on 11/1/2019 (kk2)
October 30, 2019 Filing 312 Joint MOTION for Extension of Time to File Response/Reply re #306 Motion for Protective Order by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New date requested 10/31/2019. (McHugh, Brandon) Modified on 10/31/2019 to correct text, filing parties, and add link to motion (kk2). Modified on 10/31/2019 (kk2).
October 29, 2019 Opinion or Order Filing 310 ORDER granting #308 Motion for Leave Instanter to File an Ex Parte, Unredacted Version of its Opposition to Plaintiff's Motion to Compel Production of Emails Between Susan Santo and Afif Baltagi. Signed by Magistrate Judge Kimberly A. Jolson on 10/29/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 28, 2019 Filing 309 RESPONSE in Opposition re #294 MOTION to Compel Production of Email Communications between Susan Santo and Defendant Afif Baltagi or, in the alternative, Request for In Camera Inspection filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Declaration in Support of Def. Opposition to Plaintiff's Motion to Compel) (Motley, Martha)
October 28, 2019 Filing 308 MOTION for Leave to File Instanter to File Ex Parte, Unredacted Version of its Opposition to Plaintiff's #294 Motion to Compel Production of Emails between Susan Santo and Afif Baltagi by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified on 10/29/2019 to add doc link (kk2)
October 25, 2019 Filing 307 STATUS REPORT of the Parties on Discovery Disputes by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (McHugh, Brandon) Modified on 10/28/2019 to correct filing parties (kk2)
October 24, 2019 Filing 306 Redacted MOTION for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (ew)
October 24, 2019 Opinion or Order Filing 305 ORDER granting #304 Motion for Leave to File Redacted Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Jolson on 10/24/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 23, 2019 Filing 304 MOTION for Leave to File a Redacted Version of Abington's Motion for Protective Order Preventing XPO from Obtaining Discovery of Privileged Communications, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Redacted Motion for Protective Order) (McHugh, Brandon)
October 22, 2019 Opinion or Order Filing 303 ORDER: Response #297 and #300 due by 11/5/2019; Reply due 7 days after Response. Hearing set for 11/19/2019 at 9:30 AM. Signed by Magistrate Judge Kimberly A. Jolson on 10/22/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 22, 2019 Opinion or Order Filing 302 ORDER denying without prejudice #299 Motion to Compel. Signed by Magistrate Judge Kimberly A. Jolson on 10/22/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 21, 2019 Filing 301 STATUS REPORT by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
October 20, 2019 Filing 300 MOTION to Compel Production of Communications Exchanged between Counsel for XPO and Counsel for Jason Adkins, or in the Alternative, Motion for In-Camera Review by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Abington's Second Set of Document Requests to XPO, Jan. 31, 2019, #2 Exhibit 2 - XPO's Response to Abington's Second Request for Production of Documents, Mar. 4, 2019, #3 Exhibit 3 - Counsel for Abington Email to Counsel for XPO, Aug. 4, 2019, #4 Exhibit 4 - Counsel for XPO Email to Counsel for Abington, Aug. 4, 2019, #5 Exhibit 5 - Counsel for Abington Correspondence to Counsel for XPO, Aug. 28, 2019, #6 Exhibit 6 - XPOs Supplemental Privilege Log re Common Interest Emails and Cover Letter, Oct. 2, 2019, #7 Exhibit 7 - XPOs Revised and Consolidated Privilege Log and Cover Letter, Oct. 11, 2019) (McHugh, Brandon) Modified text on 10/21/2019 (kk2)
October 20, 2019 Filing 299 MOTION to Compel Production of All Documents Related to Payments Made by Defendants XPO Logistics, Inc. or XPO Global Forwarding, Inc. to any Attorney or Law Firm Representing Defendant Afif Baltagi by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Plaintiffs Combined First Set of Interrogatories and Third Requests for Production of Documents Issued to Defendant, XPO Logistics, Inc. - 3-8-19, #2 Exhibit 2 - XPO Logistic, Inc.'s Response to Abington's First Set of Interrogatories and Third Request for Production of Documents - 4-22-19, #3 Exhibit 3 - Baltagi Answer - 7-12-19, #4 Exhibit 4 - Counsel Le - 10-15-2019, #5 Exhibit 5 - XPO October 16, 2019 email, #6 Exhibit 6 - Abington October 17, 2019 email) (McHugh, Brandon)
October 18, 2019 Discovery Dispute STATUS REPORT by Defendants XPO Global Forwarding, Inc. & XPO Logistics, Inc.SEE DOCKET #298 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Status Report," which can be found in the "Other Documents" section of CM/ECF. (kk2)
October 18, 2019 Filing 298 **SEE 10/18/2019 CORRECTIVE ENTRY** - NOTICE by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. of Filing Status Report of XPO on Discovery Issues (Lisinski, Angelyne) Modified on 10/21/2019 (kk2)
October 18, 2019 Filing 297 MOTION to Compel Production of all Documents Withheld by Defendants XPO Logistics, Inc. & XPO Global Forwarding, Inc. on the Basis of Privilege that were Created on or before August 21, 2017 by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - XPO Revised Privilege Log (removed lines 90 & 91) - 10-11-2019, #2 Exhibit 2 - XPO Logistics - Subpoena Duces Tecum) (McHugh, Brandon)
October 18, 2019 Filing 296 NOTICE of Issuance of Subpoenas Duces Tecum to Bridgestone Americas Tire Operations, LLC and Michelin North America Inc. by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified text on 10/21/2019 (kk2)
October 15, 2019 Opinion or Order Filing 295 ORDER: Response to #294 Motion to Compel due by 10/28/2019. Reply due within seven (7) days of XPO's opposition. Signed by Magistrate Judge Kimberly A. Jolson on 10/15/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 14, 2019 Filing 294 MOTION to Compel Production of Email Communications between Susan Santo and Defendant Afif Baltagi or, in the alternative, Request for In Camera Inspection by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - XPO Revised Privilege Log 10-11-2019) (McHugh, Brandon)
October 14, 2019 Filing 293 NOTICE of Issuance of Deposition Subpoena by Plaintiff Abington Emerson Capital, LLC (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum to Henrik Jorgensen) (Mack, Edmond) Modified text on 10/15/2019 (kk2)
October 11, 2019 Filing 292 NOTICE by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. of Filing Joint Status Report of the Parties (Lisinski, Angelyne)
October 9, 2019 Opinion or Order Filing 291 ORDER: Abington is DIRECTED to file a Motion for Protective Order by 10/23/2019. Response due by 10/30/2019. Reply due 3 days thereafter. Signed by Magistrate Judge Kimberly A. Jolson on 10/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 7, 2019 Filing 290 NOTICE of Filing Position Statement Regarding Documents Submitted for In Camera Inspection on September 27, 2019 by Plaintiff Abington Emerson Capital, LLC (McHugh, Brandon) Modified text on 10/8/2019 (kk2)
October 4, 2019 Filing 289 NOTICE: Position Statement Concerning the Emails Submitted by Abington for In Camera Review on September 27, 2019 by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit A Privilege Log) (Lisinski, Angelyne) Modified text on 10/7/2019 (kk2)
October 4, 2019 Filing 288 STATUS REPORT as to Pending Discovery Disputes by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (Mack, Edmond) Modified filing parties on 10/4/2019 (kk2)
September 27, 2019 Filing 287 STATUS REPORT of the Parties filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
September 24, 2019 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 9/24/2019. (Court Reporter: Shawna Evans) (jr)
September 24, 2019 Filing 286 First MOTION Position Statement re: Discovery Dispute by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
September 24, 2019 Filing 285 NOTICE by Plaintiff Abington Emerson Capital, LLC re #283 Order, : Position Statement of Plaintiff (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Max Shook, #2 Exhibit 2 - Abington's Second Set of Document Requests to XPO - 1-31-19, #3 Exhibit 3 - Abington's Third Set of Document Requests and First Set of Interrogatories to XPO - 3-8-19, #4 Exhibit 4 - Abington Counsel Letter to XPO Counsel - 3-19-19 and 8-28-19, #5 Exhibit 5 - XPOs Counsel Letter to Abingtons Counsel - 6-12-19, #6 Exhibit 6 - XPO's Revised Privilege Log - 9-18-19) (Mack, Edmond)
September 23, 2019 Filing 284 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Ian Oliver (Attachments: #1 Transcript - Deposition of Ian Oliver, August 26, 2019, #2 Exhibit P54, #3 Exhibit P73, #4 Exhibit P89, #5 Exhibit P98, #6 Exhibit P99, #7 Exhibit P99A, #8 Exhibit P119, #9 Exhibit P124 (Part I), #10 Exhibit P124 (Part II), #11 Exhibit P132, #12 Exhibit P134, #13 Exhibit P204, #14 Exhibit P210, #15 Exhibit P213, #16 Exhibit P214, #17 Exhibit P217, #18 Exhibit P218, #19 Exhibit P251, #20 Exhibit P252, #21 Exhibit P351, #22 Exhibit P352, #23 Exhibit P362, #24 Exhibit P365, #25 Exhibit P367, #26 Exhibit P374, #27 Exhibit P384) (Mack, Edmond)
September 23, 2019 Opinion or Order Filing 283 ORDER: In-Person Status Conference set for 9/24/2019 at 3:00 PM before Magistrate Judge Kimberly A. Jolson. The parties are DIRECTED to file position statements, not to exceed five double-spaced pages, no later than 9/24/2019 at 10:00 a.m. Signed by Magistrate Judge Kimberly A. Jolson on 9/23/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 20, 2019 Filing 282 STATUS REPORT of the Parties filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
September 17, 2019 Filing 281 NOTICE to Take Deposition of Curt Christensen by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
September 16, 2019 Opinion or Order Filing 280 ORDER: XPO is DIRECTED to produce its statement (or a substantially similar one) to Abington. Joint Status Report due by 9/20/2019. Signed by Magistrate Judge Kimberly A. Jolson on 9/16/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 13, 2019 Filing 278 STATUS REPORT of the Parties by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
September 9, 2019 Opinion or Order Filing 277 ORDER: XPO is DIRECTED to file an ex parte statement describing the steps it has taken in responding to Abington's request for Ms. Santo's emails by 9/13/2019. Joint Status Report due by 9/13/2019. If, at that point, the Court finds that the parties have not made significant progress in resolving their disputes, the Court will hold an in-person status conference on 9/18/2019 at 9:30 a.m. Signed by Magistrate Judge Kimberly A. Jolson on 9/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2019 Filing 276 Response XPO's Response to the Amended Status Report by Cross Claimant XPO Global Forwarding, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Motley, Martha)
September 6, 2019 Filing 275 AMENDED DOCUMENT by Plaintiff Abington Emerson Capital, LLC. Amendment to #274 Status Report, . (Attachments: #1 Exhibit 1 - 2019-09-05 Letter to Edmond Mack, #2 Exhibit 2 - XPO Privilege Log, #3 Exhibit 3 - Plaintiff's Privilege Log - 7-11-19) (McHugh, Brandon)
September 6, 2019 Filing 274 STATUS REPORT of the Parties filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - 2019-09-05 Letter to Edmond Mack, #2 Exhibit 2 - XPO Privilege Log, #3 Exhibit 3 - Plaintiff's Privilege Log - 7-11-19) (McHugh, Brandon)
September 5, 2019 Filing 273 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoena (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum to Susan Santo) (Mack, Edmond)
September 3, 2019 Opinion or Order Filing 272 ORDER granting in part and denying in part #270 Motion to Compel: Plaintiff is ORDERED to produce certain financial information by 9/6/2019. Signed by Magistrate Judge Kimberly A. Jolson on 9/3/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 2, 2019 Filing 271 NOTICE by Plaintiff Abington Emerson Capital, LLC re #269 Status Report Order, : Plaintiffs Position Statement Regarding XPOs Request For Plaintiffs Financial Records, Client Lists, and Non-OTR Tire Loan Files (Attachments: #1 Exhibit 1 - 1 - XPO's Second Set of Document Requests Directed to Plaintiffs - 7-16-19, #2 Exhibit 2 - Abington's Response to XPO's Second Set of Document Requests - 8-23-19) (Mack, Edmond)
September 2, 2019 Filing 270 First MOTION to Compel Documents (POSITION STATEMENT PER COURT'S 9/30 ORDER) by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Lisinski, Angelyne)
August 30, 2019 Opinion or Order Filing 269 ORDER: The parties are ORDERED to file position statements regarding the discovery dispute by 9/2/2019. Joint status report re the state of discovery due every Friday, beginning on 9/6/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/30/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 30, 2019 Filing 268 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Max Shook (Attachments: #1 Transcript Deposition of Max Shook, August 22, 2019, #2 Exhibit P53, #3 Exhibit P54, #4 Exhibit P82, #5 Exhibit P88, #6 Exhibit P106, #7 Exhibit P107, #8 Exhibit P109, #9 Exhibit P112, #10 Exhibit P128, #11 Exhibit P138, #12 Exhibit P145, #13 Exhibit P146, #14 Exhibit P179, #15 Exhibit P241, #16 Exhibit P276, #17 Exhibit P277, #18 Exhibit P278, #19 Exhibit P280, #20 Exhibit P281, #21 Exhibit P288, #22 Exhibit P289, #23 Exhibit P290, #24 Exhibit P291, #25 Exhibit P297, #26 Exhibit P333, #27 Exhibit P345, #28 Exhibit P346, #29 Exhibit P347, #30 Exhibit P349, #31 Exhibit P361, #32 Exhibit P364, #33 Exhibit P365, #34 Exhibit P368, #35 Exhibit P369, #36 Exhibit P370, #37 Exhibit P372, #38 Exhibit P373, #39 Exhibit P375, #40 Exhibit P376, #41 Exhibit P377, #42 Exhibit P382, #43 Exhibit K1, #44 Exhibit K2, #45 Exhibit K3, #46 Exhibit K4, #47 Exhibit K5, #48 Exhibit K6, #49 Exhibit K7, #50 Exhibit V26, #51 Exhibit V27) (Mack, Edmond)
August 30, 2019 Filing 267 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Dominick Muzi (Attachments: #1 Transcript Deposition of Dominick Muzi, Volume I, August 12, 2019, #2 Transcript Deposition of Dominick Muzi, Volume II, August 13, 2019, #3 Exhibit P8, #4 Exhibit P11, #5 Exhibit P25, #6 Exhibit P47, #7 Exhibit P48, #8 Exhibit P52, #9 Exhibit P53, #10 Exhibit P66, #11 Exhibit P67, #12 Exhibit P68, #13 Exhibit P69, #14 Exhibit P70, #15 Exhibit P72, #16 Exhibit P73, #17 Exhibit P74, #18 Exhibit P75, #19 Exhibit P76, #20 Exhibit P79, #21 Exhibit P80, #22 Exhibit P81, #23 Exhibit P82, #24 Exhibit P88, #25 Exhibit P89, #26 Exhibit P90, #27 Exhibit P106, #28 Exhibit P107, #29 Exhibit P109, #30 Exhibit P112, #31 Exhibit P113, #32 Exhibit P118, #33 Exhibit P119, #34 Exhibit P120, #35 Exhibit P121, #36 Exhibit P122, #37 Exhibit P131, #38 Exhibit P132, #39 Exhibit P133, #40 Exhibit P134, #41 Exhibit P135, #42 Exhibit P136, #43 Exhibit P137, #44 Exhibit P138, #45 Exhibit P180, #46 Exhibit P181, #47 Exhibit P182, #48 Exhibit P185, #49 Exhibit P186, #50 Exhibit P191, #51 Exhibit P192, #52 Exhibit P193, #53 Exhibit P194, #54 Exhibit P195, #55 Exhibit P196, #56 Exhibit P197, #57 Exhibit P198, #58 Exhibit P199, #59 Exhibit P200, #60 Exhibit P201, #61 Exhibit P202, #62 Exhibit P203, #63 Exhibit P204, #64 Exhibit P205, #65 Exhibit P206, #66 Exhibit P207, #67 Exhibit P208, #68 Exhibit P209, #69 Exhibit P210, #70 Exhibit P211, #71 Exhibit P212, #72 Exhibit P213, #73 Exhibit P214, #74 Exhibit P215, #75 Exhibit P216, #76 Exhibit P217, #77 Exhibit P218, #78 Exhibit P219, #79 Exhibit P220, #80 Exhibit P221, #81 Exhibit P222, #82 Exhibit P223, #83 Exhibit P224, #84 Exhibit P225, #85 Exhibit P226, #86 Exhibit P227, #87 Exhibit P228, #88 Exhibit P229, #89 Exhibit P230, #90 Exhibit P231, #91 Exhibit P232, #92 Exhibit P233, #93 Exhibit P234, #94 Exhibit P235, #95 Exhibit P236, #96 Exhibit P238, #97 Exhibit P239, #98 Exhibit P241, #99 Exhibit P242, #100 Exhibit P243, #101 Exhibit P244, #102 Exhibit P245, #103 Exhibit P246, #104 Exhibit P247, #105 Exhibit P248, #106 Exhibit P249, #107 Exhibit P250, #108 Exhibit P251, #109 Exhibit P252, #110 Exhibit P253, #111 Exhibit P254, #112 Exhibit P255, #113 Exhibit P256, #114 Exhibit P257, #115 Exhibit P258, #116 Exhibit P259, #117 Exhibit P260, #118 Exhibit P261, #119 Exhibit P262, #120 Exhibit P263, #121 Exhibit P268, #122 Exhibit P271, #123 Exhibit P272, #124 Exhibit P273, #125 Exhibit P280, #126 Exhibit P286, #127 Exhibit P288, #128 Exhibit P299, #129 Exhibit P300, #130 Exhibit P301, #131 Exhibit P303, #132 Exhibit P305, #133 Exhibit P355, #134 Exhibit K1, #135 Exhibit K2, #136 Exhibit K3, #137 Exhibit K4, #138 Exhibit K5, #139 Exhibit K6, #140 Exhibit K7, #141 Exhibit K8, #142 Exhibit K9, #143 Exhibit K10, #144 Exhibit K11, #145 Exhibit V3, #146 Exhibit V12, #147 Exhibit V15, #148 Exhibit V16, #149 Exhibit V17) (Mack, Edmond)
August 30, 2019 Filing 266 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Afif Baltagi (Attachments: #1 Transcript - Deposition of Afif Baltagi, August 5, 2019, #2 Exhibit P1 - P10, #3 Exhibit P11 - P20, #4 Exhibit P21 - P30, #5 Exhibit P31 - P40, #6 Exhibit P41 - P50, #7 Exhibit P51 - P60, #8 Exhibit P61 - P70, #9 Exhibit P71 - P79, #10 Exhibit P80, #11 Exhibit P81 - P85, #12 Exhibit P86 (Part I), #13 Exhibit P86 (Part II), #14 Exhibit P86 (Part III), #15 Exhibit P86 (Part IV), #16 Exhibit P87 - P90, #17 Exhibit P91 - P100, #18 Exhibit P101 - P110, #19 Exhibit P111 - P120, #20 Exhibit P121 - P136, #21 Exhibit V1 - V22) (Mack, Edmond)
August 29, 2019 Filing 265 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Jason Adkins (Attachments: #1 Transcript - Deposition of Jason Adkins, July 22, 2019, #2 Exhibit D1, #3 Exhibit D2, #4 Exhibit D3, #5 Exhibit D4, #6 Exhibit D5, #7 Exhibit D6, #8 Exhibit D7, #9 Exhibit D8, #10 Exhibit D9, #11 Exhibit D10, #12 Exhibit D11, #13 Exhibit D12, #14 Exhibit D13, #15 Exhibit D14, #16 Exhibit D15, #17 Exhibit D16, #18 Exhibit D17, #19 Exhibit D18, #20 Exhibit D19, #21 Exhibit D20, #22 Exhibit D21, #23 Exhibit D22, #24 Exhibit D23, #25 Exhibit P1, #26 Exhibit P6, #27 Exhibit P7, #28 Exhibit P9, #29 Exhibit P10, #30 Exhibit P12, #31 Exhibit P13, #32 Exhibit P14, #33 Exhibit P15, #34 Exhibit P18, #35 Exhibit P20, #36 Exhibit P21, #37 Exhibit P22, #38 Exhibit P23, #39 Exhibit P30, #40 Exhibit P34, #41 Exhibit P35, #42 Exhibit P37, #43 Exhibit P39, #44 Exhibit P40, #45 Exhibit P43, #46 Exhibit P44, #47 Exhibit P45, #48 Exhibit P46, #49 Exhibit P47, #50 Exhibit P49, #51 Exhibit P50, #52 Exhibit P51, #53 Exhibit P52, #54 Exhibit P53, #55 Exhibit P54, #56 Exhibit P55, #57 Exhibit P56, #58 Exhibit P57, #59 Exhibit P58, #60 Exhibit P59, #61 Exhibit P60, #62 Exhibit P61, #63 Exhibit P62, #64 Exhibit P63, #65 Exhibit P64, #66 Exhibit P65, #67 Exhibit P66, #68 Exhibit K1, #69 Exhibit K2, #70 Exhibit K3, #71 Exhibit K4, #72 Exhibit K5, #73 Exhibit V1, #74 Exhibit V4, #75 Exhibit V5, #76 Exhibit V5(2)) (Mack, Edmond)
August 26, 2019 Filing 264 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. Notice of Service of Subpoena Upon Freed Maxick ABL Services, LLC (Motley, Martha)
August 23, 2019 Filing 263 STATUS REPORT regarding Discovery Dispute by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
August 20, 2019 Filing 262 NOTICE to Take Deposition of Joshua Perttula by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
August 20, 2019 Filing 261 NOTICE to Take Deposition of Omid Shokoufandeh by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
August 20, 2019 Filing 260 NOTICE to Take Deposition of Michael Urtel by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
August 20, 2019 Filing 259 NOTICE to Take Deposition of Johnny Camarena by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
August 20, 2019 Filing 258 NOTICE to Take Deposition of Abington Emerson Capital, LLC by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne)
August 16, 2019 Opinion or Order Filing 257 STIPULATED RULE 502(d) ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 8/16/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 13, 2019 Opinion or Order Filing 256 ORDER re Rule 502(D) Order. Signed by Magistrate Judge Kimberly A. Jolson on 8/13/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 12, 2019 Opinion or Order Filing 255 OPINION AND ORDER granting in part and denying in part #241 Motion for Protective Order. The parties are DIRECTED to meet and confer andsubmit agreed-upon topics for questioning to the Court no later than 8/23/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/12/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 12, 2019 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 8/12/2019. (jr)
August 7, 2019 Filing 254 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoenas (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum Issued to Dominic Muzi, #2 Exhibit 2 - Subpoena Ad Testificandum Issued to Max Shook, #3 Exhibit 3 - Subpoena Ad Testificandum Issued to Ian Oliver) (Mack, Edmond)
August 7, 2019 Filing 253 REPLY to Response to Motion re #241 First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL filed by Defendant XPO Global Forwarding, Inc.. (Attachments: #1 Exhibit 1) (Whaling, Thomas)
August 5, 2019 NOTICE of Hearing: Telephonic Status Conference set for 8/12/2019 @ 10:30 AM before Magistrate Judge Kimberly A. Jolson. Counsel are directed to join together on one line and call the Court at 614-719-3470. (jr)
August 2, 2019 Opinion or Order Filing 252 OPINION AND ORDER granting in part and denying in part #232 Motion for a Rule 502(D) Order. Defendant XPO is ORDERED to submit a Rule 502(d) Order via email by 8/16/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/2/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 2, 2019 Filing 251 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Johnny Camarena (Whaling, Thomas)
August 2, 2019 Filing 250 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Michael Urtel (Whaling, Thomas)
August 2, 2019 Filing 249 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Joshua Perttula (Whaling, Thomas)
July 31, 2019 Filing 248 RESPONSE in Opposition re #241 First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - K. Aman Declaration - 7-24-17, #2 Exhibit 2 - M. Klutinoty Edwards Declaration - 7-24-17, #3 Exhibit 3 - T. Parlatore Email to S. Santo, E. Mack, July 27, 2017, #4 Exhibit 4 - A. Smith Email to J. Adkins, May 16, 2017, #5 Exhibit 5 - C. Conner Email to J. Adkins Jul. 7 2017, #6 Exhibit 6 - C. Lochard Email to M. Shook, Aug. 29, 2017, #7 Exhibit 7 - A. Spizz Letter to B. Jacobs, May 13, 2016, #8 Exhibit 7 - A. Spizz Letter to B. Jacobs, May 13, 2016) (McHugh, Brandon)
July 25, 2019 Filing 247 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to SGS North America, Inc.) (Mack, Edmond)
July 23, 2019 Filing 246 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Intellex Forensics, Inc.) (Mack, Edmond)
July 23, 2019 Filing 245 REPLY to Response to Motion re #232 MOTION for a 502(d) Order in Support filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Declaration of Martha Brewer Motley, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Motley, Martha)
July 19, 2019 Filing 244 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoenas Duces Tecum to Vanessa Baltagi, Mazen Baltagi and Clumsy Sloth d/b/a Slow Pokes)) (Motley, Martha)
July 18, 2019 Filing 243 RESPONSE in Opposition re #232 MOTION for a 502(d) Order filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Service Letter to Abington - 6-12-19, #2 Exhibit 2 - June 27, 2019 Proposed Order with Track Changes) (McHugh, Brandon)
July 18, 2019 Filing 242 First Set of INTERROGATORIES by Defendant Afif Baltagi. (Attachments: #1 Envelope) (er)
July 17, 2019 Filing 241 First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Herlihy Decl. in support of Mo for Protective Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Motley, Martha)
July 17, 2019 Filing 240 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoena Duces Tecum) (Attachments: #1 Exhibit 1) (Motley, Martha)
July 17, 2019 Filing 239 STATUS REPORT (Parties' Joint Discovery Dispute Status Report) by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
July 17, 2019 Filing 238 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoenas Duces Tecum) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Motley, Martha)
July 16, 2019 Filing 237 NOTICE to Take Deposition of Afif Baltagi by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
July 12, 2019 Opinion or Order Filing 236 ORDER: The parties are DIRECTED to meet and confer in an effort to resolve the discovery dispute re the scheduling of one deposition. Status report due by 7/17/2019. Signed by Magistrate Judge Kimberly A. Jolson on 7/12/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 10, 2019 Filing 235 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoenas Duces Tecum) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Motley, Martha)
July 9, 2019 Opinion or Order Filing 234 ORDER: Response to #232 Motion for a 502(d) Order due by 7/18/2019. Reply due within five days of Plaintiff filing its response. Signed by Magistrate Judge Kimberly A. Jolson on 7/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 8, 2019 Filing 233 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Bank of America Subpoena Duces Tecum, #2 Exhibit 2 - JPMorgan Chase Bank, N.A. Subpoena Duces Tecum, #3 Exhibit 3 - KeyBank, National Association Subpoena Duces Tecum, #4 Exhibit 4 - The Ohio Valley Bank Company Subpoena Duces Tecum, #5 Exhibit 5 - PNC Bank, National Association Subpoena Duces Tecum, #6 Exhibit 6 - U.S. Bank, N.A. Subpoena Duces Tecum, #7 Exhibit 7 - Wells Fargo Bank, N.A. Subpoena Duces Tecum) (Mack, Edmond)
July 8, 2019 Filing 232 MOTION for a 502(d) Order by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Motley, Martha)
June 28, 2019 Filing 231 NOTICE to Take Deposition of Defendant Afif Baltagi (Amended) by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
June 27, 2019 Opinion or Order Filing 230 ORDER: Discovery (Fact) due by 10/18/2019; Expert disclosures due by 11/15/2019; Rebuttal Expert due by 1/15/2020; Expert depositions due by 2/28/2020; and Dispositive motions due by 3/16/2020. XPO is DIRECTED to file a Motion for Protective Order due by 7/17/2019. Briefing will be expedited - Plaintiff's response in opposition due w/in fourteen (14) days of the motion & any reply brief shall be filed w/in seven (7) days of the opposition. The parties are DIRECTED to continue to meet & confer re: agreed language for a 502(d) Claw Back Order and if no resolution can be reached w/in ten (10) days, XPO is directed to move for the entry of such an order. Signed by Magistrate Judge Kimberly A. Jolson on 6/27/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
June 27, 2019 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 6/27/2019. (jr)
June 27, 2019 Opinion or Order Filing 229 ORDER granting #225 Motion to Withdraw as Attorney. Attorney John C Camillus terminated as counsel of record for Afif Baltagi. Signed by Magistrate Judge Kimberly A. Jolson on 6/27/2018. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
June 27, 2019 Filing 228 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. re #227 Notice to Take Deposition (Notice of Filing Exhibit to Notice of Videotaped Deposition of Jason Adkins) (Motley, Martha)
June 26, 2019 Filing 227 NOTICE to Take Deposition of Jason Adkins by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
June 25, 2019 Opinion or Order Filing 226 ORDER granting #223 Motion for Extension of Time to Answer re #213 Crossclaim - Afif Baltagi answer due 7/8/2019. Signed by Magistrate Judge Kimberly A. Jolson on 6/25/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
June 25, 2019 Filing 225 Unopposed MOTION to Withdraw as Attorney by Cross Defendant Afif Baltagi, Defendant Afif Baltagi. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Camillus, John)
June 25, 2019 Filing 224 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to CNA Financial Corporation) (Mack, Edmond)
June 24, 2019 Filing 223 Unopposed MOTION for Extension of Time New date requested 7/8/2019. by Defendant Afif Baltagi. (Attachments: #1 Text of Proposed Order) (Camillus, John)
June 24, 2019 Set Columbus PPTO Deadlines: Rebuttal Expert due by 1/15/2020 per #222 (kk2)
June 24, 2019 Opinion or Order Filing 222 ORDER: Telephone Conference set for 6/27/2019 @ 2:30pm before Magistrate Judge Kimberly A. Jolson. Fact Discovery due by 10/18/2019; Expert disclosures due by 11/15/2019; Rebuttal Experts due by 1/15/2020; Expert Depositions due by 2/28/2020; Dispositive motions due by 3/16/2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/24/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
June 21, 2019 Filing 221 STATUS REPORT re: Discovery Dispute by Plaintiff Abington Emerson Capital, LLC, Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Mack, Edmond)
June 21, 2019 Filing 220 NOTICE to Take Deposition of Defendant Jason Adkins by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
June 21, 2019 Filing 219 Corporate Disclosure Statement by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
June 20, 2019 Filing 218 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Service of Subpoena) (Attachments: #1 Exhibit 1) (Motley, Martha)
June 19, 2019 Opinion or Order Filing 217 ORDER REASSIGNING CASE. Case reassigned to Judge Sarah D. Morrison for all further proceedings. Judge George C. Smith no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/19/19. (jcw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 17, 2019 Opinion or Order Filing 216 ORDER: The parties are DIRECTED to meet and confer in an effort to resolve their disputes and submit a status report by June 21, 2019, updating the Court on their progress towards resolving these matters. Signed by Magistrate Judge Kimberly A. Jolson on 6/17/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 11, 2019 Filing 215 NOTICE of Issuance of Subpoena Duces Tecum by Plaintiff Abington Emerson Capital, LLC (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to JenVic Holdings LLC) (Mack, Edmond) Modified text on 6/12/2019 (kk)
June 6, 2019 Filing 214 NOTICE to Take Deposition of Defendant Afif Baltagi by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
June 3, 2019 Filing 213 ANSWER to #205 Amended Complaint, CROSSCLAIM against Afif Baltagi filed by XPO Logistics, Inc. & XPO Global Forwarding, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Motley, Martha) Modified text on 6/4/2019 (kk).
May 31, 2019 Filing 212 ANSWER with Jury Demand to #205 Amended Complaint filed by Afif Baltagi. (Camillus, John) Modified on 6/3/2019 to add demand (kk)
May 29, 2019 Opinion or Order Filing 211 ORDER granting #210 Motion to Vacate: The Settlement Week Conference set for 6/12/2019 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 5/29/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 28, 2019 Filing 210 First MOTION to Vacate #206 Notice Setting Mediation by Defendant XPO Global Forwarding, Inc.. (Attachments: #1 Affidavit) (Whaling, Thomas)
May 28, 2019 Filing 209 AFFIDAVIT re #208 MOTION to Vacate Mediation by Defendant XPO Global Forwarding, Inc.. (Whaling, Thomas)
May 28, 2019 Filing 208 MOTION to Vacate Mediation by Defendant XPO Global Forwarding, Inc.. (Whaling, Thomas)
May 28, 2019 Filing 207 NOTICE of Appearance by Martha Brewer Motley for Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha)
May 21, 2019 Filing 206 Amended Notice of Mediation Conference: Mediator James D. Abrams to conduct Settlement Week Conference on 6/12/2019 at 9:00 AM. (Attachments: #1 Mediator's Report) (jr)
May 17, 2019 Filing 205 AMENDED COMPLAINT against Jason Adkins, Afif Baltagi, John Eckerd, Mid America Tire of Hillsboro, Inc., Todd Wilkin, XPO Logistics, Inc., XPO Global Forwarding, Inc., filed by Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - I-Corp - Broker Agreement, #2 Exhibit 2 - G. Watson Email to Abington - 2-3-15, #3 Exhibit 3 - Loan Agreement, #4 Exhibit 4 - Promissory Note - 3-4-15, #5 Exhibit 5 - Security Agreement 3-4-15, #6 Exhibit 6 - Guaranty - 3-4-15, #7 Exhibit 7 - Adkins Email to Abington - 3-9-15, #8 Exhibit 8 - Warehouse Receipt - 3-16-15, #9 Exhibit 9 - Inspection Report Correspondence - 3-16-15, #10 Exhibit 10 - Bill of Sale - 3-17-15, #11 Exhibit 11 - Warehouse Security Interest Letter - 3-17-15, #12 Exhibit 12 - Abington Wire Confirmation - 3-17-15, #13 Exhibit 13 - UCC Financing Statement - 3-18-15, #14 Exhibit 14 - Sep. 2013 Shipping Receipt from XPO - Barrik, #15 Exhibit 15 - Sep. 2013 Shipping Receipt from XPO - Apogee Coal, #16 Exhibit 16 - Sep. 2013 Shipping Receipt from XPO - TCI, #17 Exhibit 17 - Entity Details Vault Motors, #18 Exhibit 18 - October 2014 Shipping Docs from XPO, #19 Exhibit 19 - Adkins Feb.-Mar. 2015 Bank Statement (redacted), #20 Exhibit 20 - SGS Inspection Report, #21 Exhibit 21 - Midwest Coal Adkins Inventory Statement, #22 Exhibit 22 - 885 Sternberger Rd. Ownership, #23 Exhibit 23 - Rebekah Holding LLC Entity Details, #24 Exhibit 24 - Seller Warehouse Release Letter - 3-17-15, #25 Exhibit 25 - Warehouse Reciept Correspondence - 3-16-15, #26 Exhibit 26 - Mid America January 2014 Invoice to Star Funding, #27 Exhibit 27 - Mid America October 2013 Invoice to Star Funding, #28 Exhibit 28 - LaFamilia Bank Records_Redacted, #29 Exhibit 29 - Entity Details for La Mia Bella Famiglia, #30 Exhibit 30 - Bankruptcy Petition - 1-22-18, #31 Exhibit 31 - Email from Adkins Confirming Giant Tyres Sold - 3-2-15, #32 Exhibit 32 - Transaction Timeline Correspondence, #33 Exhibit 33 - Signed Term Sheet, #34 Exhibit 34 - Adkins Plea Agreement) (McHugh, Brandon)
May 17, 2019 Filing 204 Notice of Mediation Conference: Mediator A.C. Strip to conduct Settlement Week Conference on 6/10/2019 at 1:30 PM. (Attachments: #1 Mediator's Report) (jr)
May 3, 2019 Opinion or Order Filing 203 ORDER granting #193 Motion to Add XPO Global Forwarding, Inc. As a Party Defendant and #200 Motion for Leave to Submit Supplemental Exhibit to Plaintiff's Reply. Amended Complaint due within 14 days. Signed by Magistrate Judge Kimberly A. Jolson on 5/3/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 24, 2019 Opinion or Order Filing 202 ORDER: This case has been previously identified as ready for mediation during the Court's June Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 5/3/2019 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 4/24/2019. (ew) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 15, 2019 Filing 201 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Global Executive Solutions Group, LLC) (Mack, Edmond)
April 12, 2019 Filing 200 MOTION for Leave to File Supplemental Exhibit to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant, Instanter (Corrected) by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 10 - XPO Logistics, Inc.s Offer of Employment Accepted by Afif Baltagi dated August 22, 2012, #2 Text of Proposed Order) (Mack, Edmond)
April 12, 2019 Filing 199 MOTION for Leave to File Supplemental Exhibit to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 10 - XPO Logistics, Inc.s Offer of Employment Accepted by Afif Baltagi dated August 22, 2012, #2 Text of Proposed Order) (Mack, Edmond) Motion has been refiled by counsel, see doc #200 , this entry has been restricted by the Clerk on 4/15/2019 (er).
April 11, 2019 Opinion or Order Filing 198 ORDER granting #195 Motion to Withdraw as Attorney. Attorney Stephen A Weigand; Benjamin G Dusing and Augustus B. Flottman terminated for Defendant Todd Wilkin. Signed by Magistrate Judge Kimberly A. Jolson on 4/11/19. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 11, 2019 Filing 197 NOTICE by Plaintiff Abington Emerson Capital, LLC re #196 Reply to Response to Motion : Notice of Filing Exhibits to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant (Attachments: #1 Exhibit 1 - XPO Logistics, Inc. and XPO Global Forwarding, Inc.s Amended Answer to Plaintiffs Original Complaint and Cross Claim Against Afif Baltagi, Vecron Exim Ltd. v. XPO Logistics, Inc., et al., S.D. Texas No. 4:18-cv-02394, Mar. 6, 2019, #2 Exhibit 2 - Information, Plea Agreement, and Minute Entry, USA v. Adkins, S.D. Ohio No. 2:19-cr-00082, Apr. 3, 2019 and Apr. 8, 2019, #3 Exhibit 3 - Correspondence Between XPO Logistics, Inc. Counsel and Abington Emerson Capital, LLC Counsel, Oct. 6, 2017, #4 Exhibit 4 - Correspondence Between XPO Logistics, Inc. Counsel and Abington Emerson Capital, LLC Counsel, Oct. 13, 2017 and Oct. 20, 2017, #5 Exhibit 5 - IRS Form W2s Issued by XPO Logistics, Inc. to Afif Baltagi, 2013-2016, #6 Exhibit 6 - XPO Logistics, Inc. Internal Correspondence and Correspondence with Jason Adkins, Oct. 11, 2013, Oct. 21, 2013, Oct. 22, 2013 and Jul. 24, 2014, #7 Exhibit 7 - Answer of Afif Baltagi, Southern Star Capital, LLC v. XPO Global Logistics, Inc., et al., Dallas Cty. Dist. Ct. Case No. DC-18-07847, Aug. 20, 2018, #8 Exhibit 8 - Third Amendment to Lease Agreement Between XPO Global Forwarding, Inc. and Roadmaster Trucking, Inc., Apr. 26, 2016, #9 Exhibit 9 - Correspondence Between Counsel re Joint Proposed Scheduling Order, Dec. 14, 2018) (Mack, Edmond)
April 10, 2019 Filing 196 REPLY to Response to Motion re #193 MOTION for Joinder of XPO Global Forwarding, Inc. as Party Defendant filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
April 9, 2019 Filing 195 MOTION to Withdraw as Attorney Augustus Flottman, Benjamin Dusing and Stephen Weigand by Defendant Todd Wilkin. (Attachments: #1 Exhibit Declaration of A. Flottman, #2 Exhibit Proposed Order) (Weigand, Stephen)
March 27, 2019 Filing 194 RESPONSE in Opposition re #193 MOTION for Joinder of XPO Global Forwarding, Inc. as Party Defendant filed by Defendant XPO Logistics, Inc.. (Motley, Martha)
March 5, 2019 Filing 193 MOTION for Joinder of XPO Global Forwarding, Inc. as Party Defendant by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Baltagi Cross Claim - Vecron Litigation, #2 Exhibit 2 - Feb. 12, 2019 Email, #3 Exhibit 3 - Feb. 15, 2019 Email, #4 Text of Proposed Order Proposed Order) (McHugh, Brandon)
February 25, 2019 Filing 192 ANSWER to #177 Amended Complaint filed by Afif Baltagi. (Camillus, John)
February 19, 2019 Opinion or Order Filing 191 ORDER granting #190 : Afif Baltagi's answer due 2/25/2019. Signed by Magistrate Judge Kimberly A. Jolson on 2/19/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 4, 2019 Filing 190 NOTICE of withdrawal of motion to dismiss and MOTION to Set Answer Date by Defendant Afif Baltagi. (Camillus, John) Modified event and text on 2/7/2019 (er).
January 28, 2019 Opinion or Order Filing 189 ORDER granting #188 Motion for Extension of Time: Defendant shall file his Reply in Support of his Motion to Dismiss by 2/4/2019. Signed by Magistrate Judge Kimberly A. Jolson on 1/28/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 25, 2019 Filing 188 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 2/4/2019. by Defendant Afif Baltagi. (Attachments: #1 Text of Proposed Order) (Camillus, John)
January 16, 2019 Opinion or Order Filing 187 ORDER issued re #181 Suggestion of Bankruptcy filed by Todd Wilkin, #169 Suggestion of Bankruptcy filed by Mid America Tire of Hillsboro, Inc. and #149 Suggestion of Bankruptcy filed by John Eckerd. This action is STAYED pursuant to Section 362(a) of the Bankruptcy Act, 11 U.S.C. 362(a), as to Defendants John Eckerd, Mid America Tires of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro, and Todd L. Wilkin only. Signed by Judge George C. Smith on 1/16/19. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 11, 2019 Filing 186 RESPONSE in Opposition re #184 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Declaration of John O'Connor, May 29, 2018, #2 Exhibit 2 - Email from O. Shokoufandeh to G. Watson, Feb. 20, 2015, #3 Exhibit 3 - Email from A. Baltagi to Vecron Exim Ltd., Mar. 7, 2016 and Email from A. Baltagi to Great Southland Limited, Mar. 8, 2016, #4 Exhibit 4 - Proof of Service, A. Baltagi Subpoena Duces Tecum, Aug. 24, 2017, #5 Exhibit 5 - Letter from E. Mack to A. Lisinski, Oct. 13, 2017, #6 Exhibit 6 - Email from A. Lisinski to E. Mack, Oct. 20, 2017, #7 Exhibit 7 - Email from E. Mack to Patterson P.C., Nov. 6, 2017, #8 Exhibit 8 - Email from Patterson P.C. to E. Mack, Mar. 22, 2018, #9 Exhibit 9 - Email from E. Mack to Patterson P.C., Mar. 22, 2018, #10 Exhibit 10 - Email from P. Patterson to Mag. J. Jolson, Mar. 22, 2018, #11 Exhibit 11 - A. Baltagi Subpoena Response, Mar. 27, 2018, #12 Exhibit 12 - Email from P. Patterson to Mag. J. Jolson, Apr. 12, 2018, #13 Exhibit 13 - Emails from E. Mack to Counsel and A. Baltagi, Apr. 16 and 18, 2018, #14 Exhibit 14 - Bank of America Records of Landash Corporation, #15 Exhibit 15 - A. Baltagi Answer, Aug. 28, 2018, Kirby Development, LLC v. XPO Global Forwarding, Inc., S.D.Ohio No. 218-cv-00500) (Mack, Edmond)
December 21, 2018 Filing 185 ANSWER to #177 Amended Complaint filed by XPO Logistics, Inc.. (Motley, Martha) Modified file date on 12/26/2018 - document was originally filed on 12/21, but original filing was missing pages. (er).
December 21, 2018 Filing 184 ***WITHDRAWN per notice #190 *** MOTION to Dismiss for Lack of Jurisdiction by Defendant Afif Baltagi. (Camillus, John)
December 21, 2018 Filing 183 NOTICE of Appearance by Martha Brewer Motley for Defendant XPO Logistics, Inc. (Motley, Martha)
December 21, 2018 Filing 182 ANSWER to #177 Amended Complaint filed by XPO Logistics, Inc.. (Motley, Martha) See doc #185 for refiled document. (er).
December 19, 2018 Filing 181 SUGGESTION OF BANKRUPTCY Upon the Record as to Todd L. Wilkin by Defendant Todd Wilkin. (Weigand, Stephen)
December 19, 2018 Opinion or Order Filing 180 ORDER: Defendants shall move, plead, or respond to the Third Amended Complaint by 12/21/2018. Plaintiff and Defendant Adkins shall supplement their initial disclosures by 1/11/2019. Defendants XPO, Baltagi, and Wilkin shall serve their initial disclosures by 1/11/2019. Joinder of Parties and Motions to Amend due by 6/3/2019. Fact Discovery due by 8/30/2019. Expert disclosures due by 9/13/2019. Rebuttal Expert due by 10/11/2019. Expert depositions due by 12/20/2019. Dispositive motions due by 1/31/2020. Upon completion of fact discovery, the parties are ORDERED to contact the Court to schedule mediation. The Court GRANTS the parties' joint request to each take up to 20 depositions. Signed by Magistrate Judge Kimberly A. Jolson on 12/19/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 14, 2018 Filing 179 Proposed Pretrial Order : Joint Proposed Scheduling Order by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
December 10, 2018 Opinion or Order Filing 178 ORDER: Joint Proposed Scheduling Order due by 12/14/2018. The Status Conference set for 12/13/2018 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 12/10/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 7, 2018 NOTICE of Hearing: Telephonic Status Conference set for 12/13/2018 @ 2:30 PM before Magistrate Judge Kimberly A. Jolson. (jr)
December 7, 2018 Filing 177 THIRD AMENDED COMPLAINT against Jason Adkins, Afif Baltagi, John Eckerd, Mid America Tire of Hillsboro, Inc., Todd Wilkin, XPO Logistics, Inc., filed by Abington Emerson Capital, LLC. (Attachments: #1 Part II of the amended complaint) (sh)
December 7, 2018 Opinion or Order Filing 176 OPINION AND ORDER granting in part and denying in part #161 Motion for Reconsideration ; granting #167 Motion for Leave to File; Clerk to file the third amended complaint along with exhibits. Signed by Judge George C. Smith on 12/7/18. (sh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 4, 2018 Filing 175 REPLY to Response to Motion re #167 MOTION for Leave to File Third Amended Complaint filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
November 20, 2018 Filing 174 RESPONSE in Opposition re #167 MOTION for Leave to File Third Amended Complaint filed by Defendant XPO Logistics, Inc.. (Motley, Martha)
November 16, 2018 Set/Reset Columbus PPTO Deadlines: Settlement Week 6/2019. (jr)
November 13, 2018 Filing 173 NOTICE by Plaintiff Abington Emerson Capital, LLC re #168 Response to Motion,, : Notice of Supplemental Authority Related to Plaintiff Abington Emerson Capital, LLCs Response in Opposition to Defendant XPO Logistics, Inc.s Motion for Reconsideration (Attachments: #1 Exhibit 1 - Order Denying XPO's Motion to Stay, Vecron Exim Ltd. v. XPO Logistics, Inc., et al., S.D. Texas Case No. 4:18-cv-02394, Nov. 13, 2018) (Mack, Edmond)
November 13, 2018 Filing 172 REPLY to Response to Motion re #161 MOTION for Reconsideration re #159 Order on Motion to Set Aside,, Order on Motion for Leave to File, (Defendant XPO Global Forwarding, Inc.'s Reply in Support of its Motion for Reconsideration) filed by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit A) (Motley, Martha)
November 8, 2018 Opinion or Order Filing 171 ORDER: This case has been previously identified as ready for mediation during the Court's December Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 11/15/2018 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 11/8/2018. (ew) )(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 6, 2018 Filing 170 NOTICE by Plaintiff Abington Emerson Capital, LLC of Filing Third Amended Complaint (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Exhibit 1 - I-Corp - Broker Agreement, #3 Exhibit 2 - G. Watson Email to Abington - 2-3-15, #4 Exhibit 3 - Loan Agreement, #5 Exhibit 4 - Promissory Note - 3-4-15, #6 Exhibit 5 - Security Agreement 3-4-15, #7 Exhibit 6 - Guaranty - 3-4-15, #8 Exhibit 7 - Adkins Email to Abington - 3-9-15, #9 Exhibit 8 - Warehouse Receipt - 3-16-15, #10 Exhibit 9 - Inspection Report Correspondence - 3-16-15, #11 Exhibit 10 - Bill of Sale - 3-17-15, #12 Exhibit 11 - Warehouse Security Interest Letter - 3-17-15, #13 Exhibit 12 - Abington Wire Confirmation - 3-17-15, #14 Exhibit 13 - UCC Financing Statement - 3-18-15, #15 Exhibit 14 - Sep. 2013 Shipping Receipt from XPO - Barrik, #16 Exhibit 15 - Sep. 2013 Shipping Receipt from XPO - Apogee Coal, #17 Exhibit 16 - Sep. 2013 Shipping Receipt from XPO - TCI, #18 Exhibit 17 - Entity Details Vault Motors, #19 Exhibit 18 - October 2014 Shipping Docs from XPO, #20 Exhibit 19 - Adkins Feb.-Mar. 2015 Bank Statement (redacted), #21 Exhibit 20 - SGS Inspection Report, #22 Exhibit 21 - Midwest Coal Adkins Inventory Statement, #23 Exhibit 22 - 885 Sternberger Rd. Ownership, #24 Exhibit 23 - Rebekah Holding LLC Entity Details, #25 Exhibit 24 - Seller Warehouse Release Letter - 3-17-15, #26 Exhibit 25 - Warehouse Reciept Correspondence - 3-16-15, #27 Exhibit 26 - Mid America January 2014 Invoice to Star Funding, #28 Exhibit 27 - Mid America October 2013 Invoice to Star Funding, #29 Exhibit 28 - LaFamilia Bank Records_Redacted, #30 Exhibit 29 - Entity Details for La Mia Bella Famiglia, #31 Exhibit 30 - Bankruptcy Petition - 1-22-18, #32 Exhibit 31 - Email from Adkins Confirming Giant Tyres Sold - 3-2-15, #33 Exhibit 32 - Transaction Timeline Correspondence, #34 Exhibit 33 - Signed Term Sheet) (McHugh, Brandon)
November 2, 2018 Filing 169 SUGGESTION OF BANKRUPTCY Upon the Record as to Mid America Tire of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro by Defendant Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine)
October 30, 2018 Filing 168 RESPONSE to Motion re #161 MOTION for Reconsideration re #159 Order on Motion to Set Aside,, Order on Motion for Leave to File, filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Order Granting Motion for Comfort Order, #2 Exhibit 2 - Motion for Leave to File Third Amended Complaint, #3 Exhibit 3 - Order Granting Preliminary Injunction Against Adkins - 10-4-18, #4 Exhibit 4 - Baltagi Answer - Southern Star Capital v. XPO - 8-20-18, #5 Exhibit 5 - Hearing Transcript Mt. for Comfort Order) (McHugh, Brandon)
October 30, 2018 Filing 167 MOTION for Leave to File Third Amended Complaint by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Order Granting Motion for Comfort Order, #2 Text of Proposed Order Proposed Order Granting Motion for Leave to File Third Amended Complaint) (McHugh, Brandon)
October 17, 2018 Filing 166 ANSWER to #71 Amended Complaint,,,,,,,,, filed by Todd Wilkin. (Weigand, Stephen)
October 17, 2018 Filing 165 ANSWER to #71 Amended Complaint,,,,,,,,, filed by Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine)
October 15, 2018 Filing 164 NOTICE by Defendant XPO Logistics, Inc. re #161 MOTION for Reconsideration re #159 Order on Motion to Set Aside,, Order on Motion for Leave to File, (Notice of Supplemental Authority Related to XPO's Motion for Reconsideration) (Attachments: #1 Exhibit 1) (Motley, Martha)
October 10, 2018 Opinion or Order Filing 163 ORDER vacating the Status Conference set for 10/11/2018. Signed by Magistrate Judge Kimberly A. Jolson on 10/10/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 9, 2018 Filing 162 NOTICE of Appearance by Stephen A Weigand for Defendant Todd Wilkin (Weigand, Stephen)
October 9, 2018 Filing 161 MOTION for Reconsideration re #159 Order on Motion to Set Aside,, Order on Motion for Leave to File, by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Motley, Martha)
October 5, 2018 Opinion or Order Filing 160 ORDER: Joint Proposed Scheduling Order due by 10/9/2018. Status Conference set for 10/11/2018 at 10:00 AM in Teleconference. Signed by Magistrate Judge Kimberly A. Jolson on 10/5/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 3, 2018 Opinion or Order Filing 159 OPINION and ORDER granting #148 Plaintiff's Motion to Dissolve the Stay and granting #158 Defendant XPO's Motion for Leave to File (Instanter) Sur-Reply. Signed by Judge George C. Smith on 10/3/18. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 22, 2018 Filing 158 MOTION for Leave to File (Instanter) Sur-Reply by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit Sur-Reply in Further Support of its Opposition to Plaintiff's Motion to Dissolve Stay, #2 Text of Proposed Order) (Motley, Martha)
August 17, 2018 Filing 157 NOTICE by Plaintiff Abington Emerson Capital, LLC of Voluntary Dismissal of Defendant Landash Corporation without Prejudice (McHugh, Brandon)
August 17, 2018 Filing 156 REPLY to Response to Motion re #148 MOTION to Set Aside Stay filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Landash Bankruptcy Petition - 1-22-18, #2 Exhibit 2 - XPO Adversary Complaint - 3-16-18, #3 Exhibit 3 - Notice of Voluntary Dismissal, #4 Exhibit 4 - Motion for Comfort Order, #5 Exhibit 5 - Communication from Chapter 7 Trustee, #6 Exhibit 6 - Southern Star Texas State Court Litigation, #7 Exhibit 7 - Vecron Litigation Complaint, #8 Exhibit 8 - XPO Notice of Interested Parties) (McHugh, Brandon)
August 15, 2018 Set/Reset Columbus PPTO Deadlines: Settlement Week 12/2018. (jr)
August 9, 2018 Opinion or Order Filing 155 ORDER granting #153 Motion for Extension of Time: Reply to #148 Motion to Dissolve Stay due by 8/17/2018. Signed by Magistrate Judge Kimberly A. Jolson on 8/9/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2018 Filing 154 RESPONSE to Motion re #153 MOTION for Extension of Time to File Response/Reply as to #148 MOTION to Set Aside Stay New date requested 8/17/2018. filed by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit 1) (Motley, Martha)
August 7, 2018 Filing 153 MOTION for Extension of Time to File Response/Reply as to #148 MOTION to Set Aside Stay New date requested 8/17/2018. by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Communication to Counsel, #2 Exhibit 2 - Communication from Counsel for Todd Wilkin, #3 Exhibit 3 - Communication from Counsel for Mid America Tire of Hillsboro, Inc., #4 Text of Proposed Order Proposed Order) (McHugh, Brandon)
August 3, 2018 Opinion or Order Filing 152 ORDER: This case has been previously identified as ready for mediation during the Court's September Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 8/10/2018 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 8/3/2018. (ew) This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 24, 2018 Filing 151 RESPONSE in Opposition re #148 MOTION to Set Aside Stay filed by Defendant Todd Wilkin. (Dusing, Benjamin)
July 24, 2018 Filing 150 RESPONSE in Opposition re #148 MOTION to Set Aside Stay (Defendant's Opposition to Plaintiff's Motion to Dissolve Stay) filed by Defendant XPO Logistics, Inc.. (Motley, Martha)
July 13, 2018 Filing 149 SUGGESTION OF BANKRUPTCY Upon the Record as to John Eckerd by Defendant John Eckerd. (Johnston, Coyt)
July 3, 2018 Filing 148 MOTION to Set Aside Stay by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Judgment Entry, USA v. Adkins, S.D.Ohio Adv. Bankr. 18-ap-02043, #2 Exhibit B- Adversary Complaint, USA v. Adkins, S.D.Ohio Adv. Bankr. 18-ap-02043, #3 Exhibit C - Motion for Default Judgment and Notice of Motion for Default, USA v. Adkins, S.D.Ohio Adv. Bankr. 18-ap-02043, #4 Exhibit D - Complaint, Tujague v. Eckerd, et al., E.D.Texas No. 18-cv-00408, #5 Exhibit E - Motion for Temporary Restraining Order, Tujague v. Eckerd, et al., E.D.Texas No. 18-cv-00408, #6 Exhibit F - Temporary Restraining Order, Tujague v. Eckerd, et al., E.D.Texas No. 18-cv-00408, #7 Exhibit G - Subpoenas, Tujague v. Eckerd, et al., E.D.Texas No. 418-cv-00408, #8 Exhibit H - Minute Entry and Admitted Exhibits, Tujague v. Eckerd, et al., E.D.Texas No. 18-cv-00408, #9 Exhibit I - Order, Tujague v. Eckerd, et al., E.D.Texas No. 418-cv-00408) (McHugh, Brandon)
July 3, 2018 Filing 147 NOTICE of Appearance by Brandon Wesley McHugh for Plaintiff Abington Emerson Capital, LLC (McHugh, Brandon)
June 5, 2018 Filing 146 NOTICE by Defendant XPO Logistics, Inc. of Withdrawal and Substitution of Counsel (Herlihy, Kimberly)
June 4, 2018 Opinion or Order Filing 145 ORDER denying without prejudice #81 Motion to Compel; #134 Motion to File Document Under Seal. The parties are DIRECTED to notify the Court when the Bankruptcy Court has lifted the automatic stay. Signed by Magistrate Judge Kimberly A. Jolson on 6/4/2018. (ew)
June 1, 2018 Opinion or Order Filing 144 OPINION and ORDER granting in part and denying as moot in part #125 #126 Wilkins's and Echerd's Motions to Stay; XPO's and Mid America's Motions to Stay #10 #128 are denied as moot. Signed by Judge George C. Smith on 6/1/18. (sem)
May 31, 2018 Filing 143 RESPONSE in Opposition re #133 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Declaration of John O'Connor, May 29, 2018, #2 Exhibit 2 - Email from O. Shokoufandeh to G. Watson, Feb. 20, 2015, #3 Exhibit 3 - Email from A. Baltagi to Vecron Exim Ltd., Mar. 7, 2016 and Email from A. Baltagi to Great Southland Limited, Mar. 8, 2016, #4 Exhibit 4 - Proof of Service, A. Baltagi Subpoena Duces Tecum, Aug. 24, 2017, #5 Exhibit 5 - Letter from E. Mack to A. Lisinski, Oct. 13, 2017, #6 Exhibit 6 - Email from A. Lisinski to E. Mack, Oct. 20, 2017, #7 Exhibit 7 - Email from E. Mack to Patterson P.C., Nov. 6, 2017, #8 Exhibit 8 - Email from Patterson P.C. to E. Mack, Mar. 22, 2018, #9 Exhibit 9 - Email from E. Mack to Patterson P.C., Mar. 22, 2018, #10 Exhibit 10 - Email from P. Patterson to Mag. J. Jolson, Mar. 22, 2018, #11 Exhibit 11 - A. Baltagi Subpoena Response, Mar. 27, 2018, #12 Exhibit 12 - Email from P. Patterson to Mag. J. Jolson, Apr. 12, 2018, #13 Exhibit 13 - Emails from E. Mack to Counsel and A. Baltagi, Apr. 16 and 18, 2018) (Mack, Edmond)
May 30, 2018 Opinion or Order Filing 142 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:18-cv-500 are NOT related. Signed by Judge Algenon L. Marbley and Judge George C. Smith on 5/30/2018. (er)
May 29, 2018 Filing 141 Reply re #135 Response in Opposition to Motion,, by Defendant John Eckerd. (Curphey, James)
May 29, 2018 Filing 140 REPLY to Response to Motion re #105 MOTION for Joinder to Landash Corporation's and Jason Adkins' Notices of Filing Under Bankruptcy Code and Suggestion of Stay filed by Defendant XPO Logistics, Inc.. (Lisinski, Angelyne)
May 29, 2018 Filing 139 REPLY to Response to Motion re #128 MOTION for Joinder filed by Defendant Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine)
May 29, 2018 Filing 138 REPLY to Response to Motion re #125 MOTION to Stay Proceedings filed by Defendant Todd Wilkin. (Dusing, Benjamin) Modified text on 5/30/2018 (daf).
May 24, 2018 Filing 137 NOTICE of Substitution of Counsel - Katherine C. Ferguson substituting for David Alan Riepenhoff Attorney for Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified text on 5/24/2018 (jlk).
May 18, 2018 Filing 135 RESPONSE in Opposition re #128 MOTION for Joinder , #105 MOTION for Joinder to Landash Corporation's and Jason Adkins' Notices of Filing Under Bankruptcy Code and Suggestion of Stay, #126 MOTION to Stay Litigation Pending Resolution of Bankruptcy Proceedings, #125 MOTION to Stay Proceedings filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Transcript of 341 Meeting of Creditors, #2 Exhibit B - J. Eckerd Criminal Docket, #3 Exhibit C - Complaint for Denial of Discharge) (Klutinoty Edwards, Maria)
May 18, 2018 Filing 134 MOTION to File Document Under Seal : Plaintiff Abington Emerson Capital, LLCs Motion for Leave to File Under Seal the Deposition of Defendant John Eckerd Taken in the Star Funding Litigation Pursuant to S.D. Ohio Civ. R. 5.2.1(a) by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Stipulated Protective Order, Feb. 11, 2016, Star Funding, Inc. v. Vault Minerals, LLC, et al., S.D.N.Y. 1:15-cv-03026, #2 Exhibit B - Email Correspondence re: Subpoena) (Mack, Edmond)
May 10, 2018 Filing 133 MOTION to Dismiss for Lack of Jurisdiction by Defendant Afif Baltagi. (Camillus, John) Modified on 6/24/2019 (np).
May 10, 2018 Opinion or Order Filing 132 ORDER granting #124 Motion to Withdraw as Attorney as to Jason E. Adkins. Signed by Magistrate Judge Kimberly A. Jolson on 5/10/2018. (ew)
May 7, 2018 Opinion or Order Filing 131 ORDER granting #117 , #120 Motions for Extension of Time to Answer. Mid-America and Mr. Wilkin shall move, plead, or respond to the Second Amended Complaint within 14 days after the Court rules on the pending Motions to Stay. Signed by Magistrate Judge Kimberly A. Jolson on 5/7/2018. (ew)
May 7, 2018 Opinion or Order Filing 130 ORDER re #124 Motion to Withdraw as Attorney: Counsel may submit evidence in camera via email by 5/9/2018. The Court will consider the remaining portion of the Motion upon receipt of the affidavit. Signed by Magistrate Judge Kimberly A. Jolson on 5/7/2018. (ew)
May 4, 2018 Filing 129 Reply re #117 MOTION for Extension of Time to File Answer re #71 Amended Complaint, New date requested 5/16/2018. after ruling on motions to stay by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified text on 5/7/2018 (daf).
May 4, 2018 Filing 128 MOTION for Joinder by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David)
May 4, 2018 Filing 127 RESPONSE in Opposition re #120 MOTION for Extension of Time to File Response/Reply as to #71 Amended Complaint, New date requested 5/30/2018. filed by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria) Modified text on 5/7/2018 (daf).
May 4, 2018 Filing 126 MOTION to Stay Litigation Pending Resolution of Bankruptcy Proceedings by Defendant John Eckerd. (Curphey, James)
May 4, 2018 Filing 125 MOTION to Stay Proceedings by Defendant Todd Wilkin. (Dusing, Benjamin)
May 4, 2018 Filing 124 MOTION to Withdraw as Attorney , MOTION to File Document Under Seal affirmation in support of motion to withdraw by Defendants Jason Adkins, Landash Corporation, Counter Claimants Jason Adkins, Landash Corporation. (Parlatore, Timothy)
May 3, 2018 Opinion or Order Filing 123 ORDER granting #122 Motion for Extension of Time to Answer: Afif Baltagi answer due 5/10/2018. The Court notes that it received a pro se filing by Mr. Baltagi via mail on 5/3/2018, but at the direction of Mr. Baltagis newly retained counsel, that filing will be disregarded. Signed by Magistrate Judge Kimberly A. Jolson on 5/3/2018. (ew)
May 2, 2018 Filing 122 Unopposed MOTION for Extension of Time to File Answer re #71 Amended Complaint, New date requested 5/10/2018. by Defendant Afif Baltagi. (Attachments: #1 Text of Proposed Order) (Camillus, John) Modified text on 5/7/2018 (daf).
May 2, 2018 Set/Reset Deadlines: Briefing on the issue of whether Defendant Wilkin's Answer may be extended until fourteen days after the Court rules on the issue of a stay is the following: Plaintiff's Response in Opposition is due by 5/4/2018; Defendant Wilkin's Reply, if any, is due by 5/9/2018. (sem)
May 1, 2018 Set/Reset Deadlines: Todd Wilkin answer to the Second Amended Complaint due 5/14/2018. (sem)
May 1, 2018 Opinion or Order Filing 121 ORDER granting in part #120 Defendant Wilkin's Motion for Extension of Time, until May 14, 2018, to Move or Plead in Response to the Second Amended Complaint; Briefing on the issue of whether Defendant Wilkins Answer may be extended until fourteen days after the Court rules on the issue of a stay is hereby EXPEDITED as follows: Plaintiffs response in opposition is due May 4, 2018; Defendant Wilkins reply, if any, shall be filed by May 9, 2018. Signed by Magistrate Judge Kimberly A. Jolson on 5/1/18. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 27, 2018 Filing 120 MOTION for Extension of Time to File Response/Reply as to #71 Amended Complaint, New date requested 5/30/2018. by Defendant Todd Wilkin. (Dusing, Benjamin) Modified text on 5/7/2018 (daf).
April 27, 2018 Opinion or Order Filing 119 ORDER: Defendant Mid America Tire of Hillsboro, Inc. answer due 5/14/2018. The Court will allow Mid-America to file an expedited Reply as to #117 Motion for Extension of Time by 5/4/2018. Upon receipt of the Reply, the Court will make a determination if any further extension of Mid-America's answer deadline is necessary. Signed by Magistrate Judge Kimberly A. Jolson on 4/27/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 27, 2018 Filing 118 RESPONSE in Opposition re #117 MOTION for Extension of Time to File Answer re #71 Amended Complaint, New date requested 5/16/2018. filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) Modified text on 5/7/2018 (daf).
April 25, 2018 Filing 117 MOTION for Extension of Time to File Answer re #71 Amended Complaint, New date requested 5/16/2018. by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified on 5/7/2018 (daf).
April 23, 2018 Opinion or Order Filing 116 ORDER denying as moot #75 Motion to Strike. Signed by Magistrate Judge Kimberly A. Jolson on 4/23/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 23, 2018 Filing 115 NOTICE of Appearance by Kimberly Weber Herlihy for Defendant XPO Logistics, Inc. (Herlihy, Kimberly)
April 20, 2018 Filing 114 NOTICE by Plaintiff Abington Emerson Capital, LLC re #112 Order,,, : Notice of Lack of Unanimous Consent to Jurisdiction of Magistrate Judge (Mack, Edmond)
April 13, 2018 Filing 113 NOTICE of Appearance by Augustus B. Flottman for Defendant Todd Wilkin (Flottman, Augustus)
April 13, 2018 Opinion or Order Filing 112 ORDER denying as moot #49 Motion to Quash and Motion for Protective Order, #61 Motion for Leave to File Supplement to Response in Opposition. The parties are DIRECTED to file a one-sentence Notice on the docket within 7 days stating whether the parties unanimously consent to the jurisdiction of the Magistrate Judge. Motions for Joinder or Motions to Stay due by 5/4/2018; Response due by 5/18/2018; Reply due 10 days thereafter. The parties are DIRECTED to meet and confer within 14 days re #81 Motion to Compel and submit a Joint Status Report via email by 4/27/2018. Defendant Todd Wilkin is DIRECTED to meet and confer with Plaintiff within 10 days re ERRATA sheet for his deposition transcript and #75 Motion to Strike; Status report due via email by 4/23/2018. Signed by Magistrate Judge Kimberly A. Jolson on 4/13/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 13, 2018 Opinion or Order Filing 111 ORDER granting #110 Motion for Extension of Time to Answer: Afif Baltagi answer due 5/3/2018. Signed by Magistrate Judge Kimberly A. Jolson on 4/13/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 13, 2018 Filing 110 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 5/3/2018, filed by Defendant Afif Baltagi. (daf)
April 13, 2018 Filing 109 NOTICE of Appearance by Benjamin G Dusing for Defendant Todd Wilkin (Dusing, Benjamin)
April 13, 2018 Filing 108 RESPONSE in Opposition re #105 MOTION for Joinder to Landash Corporation's and Jason Adkins' Notices of Filing Under Bankruptcy Code and Suggestion of Stay filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Correspondence from K. Richards to E. Mack, Apr. 12, 2018, #2 Exhibit 2 - Docket and Order Authorizing Employment of Counsel, In re: Landash Corporation, S.D.Ohio Bank. No. 2:18-bk-50300, #3 Exhibit 3 - Docket and Order Authorizing Employment of Counsel, In re: Jason E. Adkins, S.D.Ohio Bank. No. 2:18-bk-50671, #4 Exhibit 4 - XPO Warehouse Security Interest Letter, Mar. 17, 2015) (Mack, Edmond)
April 12, 2018 Filing 107 NOTICE of Appearance by Paul Bernhart for Defendant Mid America Tire of Hillsboro, Inc. (Bernhart, Paul)
April 11, 2018 Filing 106 DEMAND for Trial by Jury by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
April 9, 2018 Filing 105 MOTION for Joinder to Landash Corporation's and Jason Adkins' Notices of Filing Under Bankruptcy Code and Suggestion of Stay by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit A Landash Petition for Bankruptcy, #2 Exhibit B Interpleader Complaint) (Lisinski, Angelyne)
April 9, 2018 Filing 104 ANSWER to #71 Amended Complaint, filed by XPO Logistics, Inc.. (Lisinski, Angelyne) Modified text on 4/10/2018 (daf).
April 6, 2018 Filing 103 Defendant John Eckerd's ANSWER to #71 Amended Complaint, filed by John Eckerd. (Curphey, James) Modified on 4/9/2018 (daf).
April 5, 2018 Filing 102 NOTICE of Appearance by James Dodds Curphey for Defendant John Eckerd (Curphey, James)
April 4, 2018 Filing 101 STIPULATION TO MOVE OR PLEAD by Defendant Todd Wilkin. (Riepenhoff, David)
April 4, 2018 Filing 100 STIPULATION TO MOVE OR PLEAD by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David)
April 4, 2018 Filing 99 NOTICE by Defendant John Eckerd of Withdrawal of Attorney Megan E. Bailey as Co-Counsel (Curphey, James)
April 3, 2018 Opinion or Order Filing 98 ORDER granting #95 , #96 , #97 Motions for Leave to Appear Pro Hac Vice of Robert L. Tobey and Coyt R. Johnston. Signed by Magistrate Judge Kimberly A. Jolson on 4/3/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 4/3/2018 (ew).
April 2, 2018 Filing 97 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383908) of Robert L. Tobey by Defendant John Eckerd. (Attachments: #1 Exhibit A) (Curphey, James)
April 2, 2018 Filing 96 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383930) of Coyt R. Johnston by Defendant John Eckerd. (Attachments: #1 Exhibit A) (Curphey, James)
April 2, 2018 Filing 95 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383908) of Robert L. Tobey by Defendant John Eckerd. (Attachments: #1 Exhibit A) (Curphey, James)
March 29, 2018 Opinion or Order Filing 94 ORDER: Status Conference set for 4/13/2018 at 10:30 AM in Teleconference. Signed by Magistrate Judge Kimberly A. Jolson on 3/29/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2018 Opinion or Order Filing 93 ORDER granting #92 Motion for Extension of Time to Answer: Afif Baltagi answer due 4/12/2018. Signed by Magistrate Judge Kimberly A. Jolson on 3/23/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2018 Filing 92 MOTION for Extension of Time to File Answer by Defendant Afif Baltagi. New date requested 4/12/2018. (Attachments: #1 Envelope) (ew)
March 19, 2018 Set/Reset Deadlines: John Eckerd answer due 4/6/2018. (sem)
March 16, 2018 Filing 91 STIPULATION of Extension of Time for Defendant to Move or Plead in Response to Plaintiff's Complaint by Defendant John Eckerd. (Bailey, Megan)
March 7, 2018 Filing 90 WAIVER OF SERVICE Returned Executed. Waiver sent to Todd Wilkin on 2/6/2018, answer due 4/9/2018. (Mack, Edmond)
March 7, 2018 Filing 89 WAIVER OF SERVICE Returned Executed. Waiver sent to Mid America Tire of Hillsboro, Inc. on 2/6/2018, answer due 4/9/2018. (Mack, Edmond)
March 5, 2018 Filing 88 SUMMONS Returned Executed as to Defendant Afif Baltagi. Afif Baltagi served on 3/1/2018, answer due 3/22/2018. (Mack, Edmond)
March 5, 2018 Opinion or Order Filing 87 ORDER OF RECUSAL. Magistrate Judge Elizabeth Preston Deavers recused. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/5/2018. (sln)
March 5, 2018 Filing 86 WAIVER OF SERVICE Returned Executed. Waiver sent to XPO Logistics, Inc. on 2/6/2018, answer due 4/9/2018. (Mack, Edmond)
February 27, 2018 Notice - The 3/6/2018 at 4:00 PM Status Conference is VACATED. (sln)
February 26, 2018 Filing 85 SUMMONS Returned Executed as to Defendant John Eckerd. John Eckerd served on 2/23/2018, answer due 3/16/2018. (Mack, Edmond)
February 26, 2018 Filing 84 NOTICE of Hearing: Status Conference set for 3/6/2018 04:00 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
February 23, 2018 Opinion or Order Filing 83 ORDER OF RECUSAL. Case reassigned to Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Magistrate Judge Chelsey M. Vascura on 2/23/2018. (agm)
February 22, 2018 Filing 82 RESPONSE in Opposition re #75 MOTION to Strike #67 Notice (Other),, as it violates Local Rule 5.4 and Fed.R.Civ.P. 30(e) filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
February 20, 2018 Filing 81 MOTION to Compel Production of Documents Sought by Subpoenas Served Upon Bank of America and AT&T Mobility and to Lift Interim Stay Imposed Upon Subpoenas by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
February 14, 2018 Filing 80 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Tarter Krinsky & Drogin LLP) (Mack, Edmond)
February 12, 2018 Opinion or Order Filing 79 ORDER re Defendant Jason Adkins' #78 Amended Notice Of Bankruptcy Filing And Of Automatic Stay. Accordingly, this action is STAYED as to Jason Adkins until the Bankruptcy Court lifts the automatic stay under 11 U.S.C. 362(a). Signed by Magistrate Judge Chelsey M. Vascura on 2/12/2018. (kpt)
February 9, 2018 Filing 78 NOTICE by Defendant Jason Adkins Amended Notice Of Bankruptcy Filing And Of Automatic Stay (Whittaker, David)
February 9, 2018 Filing 77 NOTICE by Defendant Jason Adkins Of Bankruptcy Filing And Of Automatic Stay (Whittaker, David)
February 8, 2018 Filing 76 Reply re #63 Response (non motion), by Defendant Jason Adkins, Counter Claimant Jason Adkins. (Parlatore, Timothy)
February 8, 2018 Filing 75 MOTION to Strike #67 Notice (Other),, as it violates Local Rule 5.4 and Fed.R.Civ.P. 30(e) by Defendant Jason Adkins, Counter Claimant Jason Adkins. (Parlatore, Timothy)
February 8, 2018 Filing 74 Summons Issued as to Defendants Afif Baltagi and John Eckerd. (kpt)
February 7, 2018 Filing 73 REQUEST for Issuance of Summons. - Defendant John Eckerd (Mack, Edmond)
February 7, 2018 Filing 72 REQUEST for Issuance of Summons. - Defendant Afif Baltagi (Mack, Edmond)
February 6, 2018 Filing 71 SECOND AMENDED COMPLAINT against Jason Adkins, Afif Baltagi, John Eckerd, Mid America Tire of Hillsboro, Inc., Todd Wilkin, and XPO Logistics, Inc., filed by Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - I-Corp Broker Agreement, Feb. 4, 2015, #2 Exhibit 2 - Abington Transaction Initiation Correspondence, Feb. 3, 2015, #3 Exhibit 3 - Loan Agreement, Mar. 4, 2015, #4 Exhibit 4 - Promissory Note, Mar. 4, 2015, #5 Exhibit 5 - Security Agreement, Mar. 4, 2015, #6 Exhibit 6 - Personal Guaranty, Mar. 4, 2015, #7 Exhibit 7 - Loan Document and Letter of Intent Correspondence, Mar. 9, 2015, #8 Exhibit 8 - Warehouse Receipt Correspondence, Mar. 16, 2015, #9 Exhibit 9 - Inspection Report Correspondence, Mar. 16, 2015, #10 Exhibit 10 - Bill of Sale Correspondence, Mar. 17, 2015, #11 Exhibit 11 - Warehouse Security Interest Letter Correspondence, Mar. 17, 2015, #12 Exhibit 12 - Abington Wire Confirmation, Mar. 17, 2015, #13 Exhibit 13 - UCC Financing Statement, Mar. 18, 2015, #14 Exhibit 14 - XPO Shipping/Receipt Documents re Barrick, Sept. 2013, #15 Exhibit 15 - XPO Shipping/Receipt Documents re Apogee Coal, Sept. 2013, #16 Exhibit 16 - XPO Shipping/Receipt Documents re TCi, Sept. 2013, #17 Exhibit 17 - Entity Details for Vault Motors, Nov. 25, 2017, #18 Exhibit 18 - XPO Shipping/Receipt Documents, Oct. 2014, #19 Exhibit 19 - Adkins Bank Statement, Feb.-Mar. 2015, #20 Exhibit 20 - SGS Inspection Report, Jan. 23, 2018, #21 Exhibit 21 - XPO Inventory Statement for Midwest Coal, May 1, 2017, #22 Exhibit 22 - Ownership Information for 885 Sternberger Road, Apr. 20, 2017, #23 Exhibit 23 - Entity Details for Rebekah Holding, LLC, Apr. 20, 2017, #24 Exhibit 24 - Seller Warehouse Release Correspondence, Mar. 17, 2015, #25 Exhibit 25 - Mid America Warehouse Receipt Correspondence, Mar. 16, 2015, #26 Exhibit 26 - Mid America Jan. 2014 Invoice to Star Funding, Jan. 22, 2014, #27 Exhibit 27 - Mid America Oct. 2013 Invoice to Star Funding, Oct. 10, 2014, #28 Exhibit 28 - La Mia Bella Famiglia Bank Records, May 2015, #29 Exhibit 29 - Entity Details for La Mia Bella Famiglia, #30 Exhibit 30 - Landash Bankruptcy Petition, Jan. 22, 2018, #31 Exhibit 31 - Correspondence from Adkins, Mar. 2, 2015, #32 Exhibit 32 - Transaction Timeline Correspondence, Feb. 19, 2015, #33 Exhibit 33 - Term Sheet Correspondence, Feb. 20, 2015) (kpt)
February 6, 2018 Opinion or Order Filing 70 ORDER granting Plaintiff's #68 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Chelsey M. Vascura on 2/6/2018. (kpt)
February 6, 2018 Filing 69 NOTICE by Plaintiff Abington Emerson Capital, LLC re #68 MOTION to Amend/Correct : Motion for Leave to Submit Second Amended Complaint, Instater : Notice of Filing Exhibits to Plaintiff's Proposed Second Amended Complaint (Attachments: #1 Exhibit 1 - I-Corp Broker Agreement, Feb. 4, 2015, #2 Exhibit 2 - Abington Transaction Initiation Correspondence, Feb. 3, 2015, #3 Exhibit 3 - Loan Agreement, Mar. 4, 2015, #4 Exhibit 4 - Promissory Note, Mar. 4, 2015, #5 Exhibit 5 - Security Agreement, Mar. 4, 2015, #6 Exhibit 6 - Personal Guaranty, Mar. 4, 2015, #7 Exhibit 7 - Loan Document and Letter of Intent Correspondence, Mar. 9, 2015, #8 Exhibit 8 - Warehouse Receipt Correspondence, Mar. 16, 2015, #9 Exhibit 9 - Inspection Report Correspondence, Mar. 16, 2015, #10 Exhibit 10 - Bill of Sale Correspondence, Mar. 17, 2015, #11 Exhibit 11 - Warehouse Security Interest Letter Correspondence, Mar. 17, 2015, #12 Exhibit 12 - Abington Wire Confirmation, Mar. 17, 2015, #13 Exhibit 13 - UCC Financing Statement, Mar. 18, 2015, #14 Exhibit 14 - XPO Shipping/Receipt Documents re Barrick, Sept. 2013, #15 Exhibit 15 - XPO Shipping/Receipt Documents re Apogee Coal, Sept. 2013, #16 Exhibit 16 - XPO Shipping/Receipt Documents re TCi, Sept. 2013, #17 Exhibit 17 - Entity Details for Vault Motors, Nov. 25, 2017, #18 Exhibit 18 - XPO Shipping/Receipt Documents, Oct. 2014, #19 Exhibit 19 - Adkins Bank Statement, Feb.-Mar. 2015, #20 Exhibit 20 - SGS Inspection Report, Jan. 23, 2018, #21 Exhibit 21 - XPO Inventory Statement for Midwest Coal, May 1, 2017, #22 Exhibit 22 - Ownership Information for 885 Sternberger Road, Apr. 20, 2017, #23 Exhibit 23 - Entity Details for Rebekah Holding, LLC, Apr. 20, 2017, #24 Exhibit 24 - Seller Warehouse Release Correspondence, Mar. 17, 2015, #25 Exhibit 25 - Mid America Warehouse Receipt Correspondence, Mar. 16, 2015, #26 Exhibit 26 - Mid America Jan. 2014 Invoice to Star Funding, Jan. 22, 2014, #27 Exhibit 27 - Mid America Oct. 2013 Invoice to Star Funding, Oct. 10, 2014, #28 Exhibit 28 - La Mia Bella Famiglia Bank Records, May 2015, #29 Exhibit 29 - Entity Details for La Mia Bella Famiglia, #30 Exhibit 30 - Landash Bankruptcy Petition, Jan. 22, 2018, #31 Exhibit 31 - Correspondence from Adkins, Mar. 2, 2015, #32 Exhibit 32 - Transaction Timeline Correspondence, Feb. 19, 2015, #33 Exhibit 33 - Term Sheet Correspondence, Feb. 20, 2015) (Mack, Edmond)
February 5, 2018 Filing 68 MOTION to Amend/Correct : Motion for Leave to Submit Second Amended Complaint, Instater by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Text of Proposed Order) (Mack, Edmond)
February 5, 2018 Filing 67 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Filing Deposition of Todd L. Wilkin (Attachments: #1 Transcript - Deposition of Todd L. Wilkin, January 12, 2018, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 19, #9 Exhibit 24, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 38, #20 Exhibit 39, #21 Exhibit 40, #22 Exhibit 41, #23 Exhibit 42, #24 Exhibit 44) (Mack, Edmond)
February 5, 2018 Filing 66 NOTICE of Appearance by Lee E Plakas for Plaintiff Abington Emerson Capital, LLC, Counter Defendant Abington Emerson Capital, LLC (Plakas, Lee)
January 24, 2018 Opinion or Order Filing 65 ORDER: This action is STAYED until the Bankruptcy Court lifts the automatic stay under Section 362(a) of the Bankruptcy Act, 11 U.S.C. 362(a) as to Landash. The Court ORDERS Defendant Jason Adkins to file his reply, if any, to Plaintiff's #63 Response to Defendant Landash Corporation's Notice of Filing Under Bankruptcy Code and Suggestion of Stay by 2/8/2018. Signed by Magistrate Judge Chelsey M. Vascura on 1/24/2018. (kpt)
January 23, 2018 Filing 64 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Subpoena Ad Testificandum and Receipt of Notice of Deponents Refusal to Appear (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum Served Upon Vito J. Balsamo, #2 Exhibit 2 - Executed Proof of Service of Subpoena Ad Testificandum Served Upon Vito J. Balsamo, #3 Exhibit 3 - Correspondence from Attorney Richard S. Gravite Sent on Behalf of Vito J. Balsamo) (Mack, Edmond)
January 23, 2018 Filing 63 Response to Defendant Landash Corporation's Notice of Filing Under Bankruptcy Code and Suggestion of Stay by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Landash Bankruptcy Petition) (Klutinoty Edwards, Maria)
January 22, 2018 Filing 62 SUGGESTION OF BANKRUPTCY Upon the Record as to Landash Corporation by Counter Claimant Landash Corporation, Defendant Landash Corporation. (Parlatore, Timothy)
January 18, 2018 Filing 61 MOTION for Leave to File Supplement to Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit A - Supplement to Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order, #2 Proposed Order) (Klutinoty Edwards, Maria)
December 27, 2017 Filing 60 NOTICE by Plaintiff Abington Emerson Capital, LLC Notice of Issuance of Amended Subpoena Ad Testificandum and Duces Tecum (Attachments: #1 Exhibit Amended Subpoena Ad Testificandum and Duces Tecum Issued to Todd Wilkin) (Mack, Edmond)
December 22, 2017 Filing 59 REPLY to Response to Motion re #49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order filed by Counter Claimants Jason Adkins, Landash Corporation, Defendants Jason Adkins, Landash Corporation. (Attachments: #1 Exhibit A - Metadata on Bank Statement) (Parlatore, Timothy)
December 21, 2017 Opinion or Order Filing 58 NOTATION ORDER granting #57 Motion for Extension of Time to File Response/Reply re #49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order. Replies due by 12/22/2017. By Magistrate Judge Chelsey M. Vascura on 12/21/2017. (agm)
December 20, 2017 Filing 57 MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order New date requested 12/22/2017. by Counter Claimants Jason Adkins, Landash Corporation, Defendants Jason Adkins, Landash Corporation. (Parlatore, Timothy)
December 8, 2017 Opinion or Order Filing 56 ORDER granting #55 Stipulated Motion to Correct Time of Filing ofExhibits to Plaintiffs Response in Opposition to Defendants Motion to Quash and Motion for Protective Order. Signed by Magistrate Judge Chelsey M. Vascura on 12/8/17. (sem)
December 7, 2017 Filing 55 Unopposed MOTION to Amend/Correct #53 Response in Opposition to Motion, #54 Notice (Other),,,,,,, : Stipulated Motion to Correct Time of Filing of Exhibits to Plaintiff's Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (Mack, Edmond)
December 7, 2017 Filing 54 NOTICE by Plaintiff Abington Emerson Capital, LLC re #53 Response in Opposition to Motion : Notice of Filing Exhibits to Plaintiff's Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order (Attachments: #1 Exhibit 1 - Landash Inspection Report, #2 Exhibit 2 - Email from Adkins to Abington, #3 Exhibit 3 - Mid America Work Order, #4 Exhibit 4 - Loan Agreement, #5 Exhibit 5 - Mid America Bill of Sale, #6 Exhibit 6 - XPO Email to Mid-America, #7 Exhibit 7 - XPO Inspection Report, #8 Exhibit 8 - Mid America January 2014 Invoice, #9 Exhibit 9 - Mid America October 2013 Invoice, #10 Exhibit 10 - Sep. 2013 Shipping Order From XPO, #11 Exhibit 11 - Sep. 2013 Shipping Order XPO, #12 Exhibit 12 - Sep. 2013 Shipping Order XPO - TCI, #13 Exhibit 13 - Entity Details Vault Motors, #14 Exhibit 14 - October 2014 Shipping Docs from XPO, #15 Exhibit 15 - Wire Transaction Summary, #16 Exhibit 16 - Adkins Feb.-Mar. 2015 Bank Statement, #17 Exhibit 17 - Screenshot of Metadata for Jan. 2015 Invoice, #18 Exhibit 18 - Screenshot of Metadata for Feb. 2015 Invoice, #19 Exhibit 19 - Email from Mid America Counsel, #20 Exhibit 20 - Subpoena Duces Tecum Issued to AT&T Mobility LLC, #21 Exhibit 21 - AT&T Subpoena Clarification - 11-10-17, #22 Exhibit 22 - Smithfield Communications, #23 Exhibit 23 - Great Southland Communications, #24 Exhibit 24 - Subpoena Duces Tecum Issued to Bank of America Corporation and Bank of America, NA, #25 Exhibit 25 - Iron City Invoice to Mid America, #26 Exhibit 26 - Iron City Invoice to DC Group, #27 Exhibit 27 - Mid America August 2017 Work Order, #28 Exhibit 28 - AT&T Correspondence - 11-22-17) (Mack, Edmond)
December 6, 2017 Filing 53 RESPONSE in Opposition re #49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
November 27, 2017 Filing 52 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoenas (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum to Vito J. Balsamo, #2 Exhibit 2 - Subpoena Ad Testificandum to Michael A. Gaggi) (Mack, Edmond)
November 20, 2017 Filing 51 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas (Attachments: #1 Exhibit 1 - Subpoena Ad Testificandum and Duces Tecum to Todd L. Wilkin, #2 Exhibit 2 - Subpoena Duces Tecum to Mid America Tire of Hillsboro, Inc. dba Best-One Tire & Service of Hillsboro) (Mack, Edmond)
November 17, 2017 Opinion or Order Filing 50 ORDER re #49 Motion to Quash, Motion for Protective Order, in that the Court STAYS the subpoenas and DIRECTS the subpoenaed third parties not to respond pending further order on Defendants' motion for protective order. The Court further ORDERS Plaintiff not to inspect any documents that it may receive from the third parties until the Court lifts the stay imposed by this Order. Signed by Magistrate Judge Chelsey M. Vascura on 11/17/2017. (kpt)
November 15, 2017 Filing 49 MOTION to Quash Subpoenas on Bank of America and AT&T, MOTION for Protective Order ( Responses due by 12/6/2017) by Counter Claimants Jason Adkins, Landash Corporation, Defendants Jason Adkins, Landash Corporation. (Attachments: #1 Exhibit A - Bank Statement (redacted), #2 Exhibit B - Invoice, #3 Exhibit C - Invoice) (Parlatore, Timothy)
November 8, 2017 Opinion or Order Filing 48 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 11/8/2017. (kpt)
November 6, 2017 Filing 47 Joint MOTION for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
October 27, 2017 Filing 46 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Bank of America Corporation and Bank of America, NA (Redacted per Fed. R. Civ. P. 5.2), #2 Exhibit 2 - Subpoena Duces Tecum Issued to AT&T Mobility LLC) (Mack, Edmond)
October 27, 2017 Opinion or Order Filing 45 PRELIMINARY PRETRIAL ORDER: This case is referred to the September 2018 SETTLEMENT WEEK. Motions or stipulations addressing the parties or pleadings, if any, due by 2/4/2018. Primary Expert due by 7/1/2018. Rebuttal Expert due by 8/1/2018. Fact Discovery due by 5/31/2018. Depositions of experts due by 10/1/2018. Dispositive motions due by 11/1/2018. Signed by Magistrate Judge Chelsey M. Vascura on 10/27/17. (sem) Modified text on 10/31/2017 (kpt).
October 26, 2017 Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 10/26/2017. (agm)
October 18, 2017 Filing 44 NOTICE of Appearance by Carole Schwartz Rendon for Plaintiff Abington Emerson Capital, LLC, Counter Defendant Abington Emerson Capital, LLC (Rendon, Carole)
October 6, 2017 Opinion or Order Filing 43 ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Judge George C. Smith on 10/6/2017. (er)
October 5, 2017 Filing 42 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Smithfield Financing Group II LLC, #2 Exhibit 2 - Subpoena Duces Tecum Issued to Sovereign Bank nka Veritex Community Bank) (Mack, Edmond)
October 5, 2017 Opinion or Order Filing 41 ORDER memorializing the results of the telephonic discovery conference on 10/4/2017. Without waiving its right to withhold documents subject to the attorney-client privilege, Mid-America agreed to produce documents responsive to Document Request Numbers 3, 4, 5, 6, 13, and 14 WITHIN THIRTY DAYS. Mid-America's #32 Motion to Quash is DENIED WITHOUT PREJUDICE to renewal should Plaintiff and Mid-America be unable to reach agreement with respect to Document Request Numbers 1, 2, 7-12, and 15. Signed by Magistrate Judge Chelsey M. Vascura on 10/5/2017. (kdp)
October 4, 2017 Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Discovery Conference held on 10/4/2017. (agm)
September 21, 2017 Opinion or Order Filing 40 RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 2:17-cv-143 and 2:17-cv-719 are NOT related. Signed by Chief Judge Edmund A. Sargus and Judge George C. Smith on 9/21/2017. (kdp)
September 19, 2017 Opinion or Order Filing 39 ORDER - Discovery Conference set for 10/4/2017 at 02:00 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. Signed by Magistrate Judge Chelsey M. Vascura on 9/19/2017. (agm)
September 15, 2017 Filing 37 NOTICE of Hearing: Discovery Conference set for 9/19/2017 at 12:00 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
September 15, 2017 Filing 36 RESPONSE in Opposition re #32 MOTION to Quash filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit Landash Inspection Report, #2 Exhibit Mid-America Work Order, #3 Exhibit Loan Agreement, #4 Exhibit Bill of Sale, #5 Exhibit XPO Email, #6 Exhibit XPO Inspection Report, #7 Exhibit Affidavit of J. Edwin Martin, #8 Exhibit Midwest Coal Articles of Organization, #9 Exhibit Mid-America Subpoena, #10 Exhibit Landash Entity Details) (Klutinoty Edwards, Maria)
September 13, 2017 Filing 35 Plaintiff and Counterclaim Defendant's ANSWER to #24 Answer to Amended Complaint, Counterclaim of Defendants Landash Corporation and Jason Adkins filed by Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
September 8, 2017 Opinion or Order Filing 34 ORDER STRIKING Plaintiff's #33 Notice of Service of Initial Disclosures and DIRECTING it to cease filing notices of service of disclosures until they are used in a proceeding or the Court orders otherwise. Signed by Magistrate Judge Chelsey M. Vascura on 9/8/2017. (kdp)
September 7, 2017 Filing 33 Stricken per #34 Order: NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Initial Disclosures (Mack, Edmond) Modified text to display strike on 9/8/2017 (kdp).
September 6, 2017 Filing 32 MOTION to Quash by Movant MID AMERICA TIRE OF HILLSBORO, INC.. (Attachments: #1 Exhibit Subpoena Duces Tecum with Instructions and Definitions) (Riepenhoff, David)
September 6, 2017 Filing 31 NOTICE of Appearance by David Alan Riepenhoff for Movant MID AMERICA TIRE OF HILLSBORO, INC. (Riepenhoff, David)
September 5, 2017 Filing 30 NOTICE: This matter is scheduled for a telephonic informal discovery conference on FRIDAY, SEPTEMBER 15, 2017, at 3:30 p.m. EDT before Magistrate Judge Chelsey M. Vascura. (kdp)
September 3, 2017 Filing 29 NOTICE of Hearing: Preliminary Pretrial Conference set for 10/26/2017 at 03:00 PM before Magistrate Judge Chelsey M. Vascura. (agm)
August 31, 2017 Filing 28 RULE 26(f) REPORT by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
August 28, 2017 Opinion or Order Filing 27 NOTATION ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Timothy C. Parlatore, conditional upon Counsel providing his contact information to the Court and registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. Signed by Magistrate Judge Chelsey M. Vascura on 8/28/2017. (agm)
August 25, 2017 Filing 26 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Southern Star Capital, LLC and Michael Anderson, #2 Exhibit 2 - Subpoena Duces Tecum Issued to Star Funding, Inc., #3 Exhibit 3 - Subpoena Duces Tecum Issued to Great Southland Limited) (Mack, Edmond)
August 25, 2017 Filing 25 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6095851) of Timothy Parlatore by Defendants Jason Adkins, Landash Corporation. (Nguyen Kaelber, Diem)
August 23, 2017 Filing 24 ANSWER to #7 Amended Complaint,,, , COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Nguyen Kaelber, Diem)
August 23, 2017 Opinion or Order Filing 23 ORDER denying without prejudice #21 Motion for Leave to Appear Pro Hac Vice of Paul J. Fraidenburgh. Signed by Magistrate Judge Chelsey M. Vascura on 8/23/2017. (agm)
August 22, 2017 Filing 22 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to Cantada Trading LLC and J. Luke Shannon, #2 Exhibit 2 - Subpoena Duces Tecum Issued to Overland Ventures, LLC and Paul Ferruzza, #3 Exhibit 3 - Subpoena Duces Tecum Issued to Robison Tire Co, Inc. and Michael Windam, #4 Exhibit 4 - Subpoena Duces Tecum Issued to Knight Nguyen Investments, #5 Exhibit 5 - Subpoena Duces Tecum Issued to Vecron Exim Ltd, #6 Exhibit 6 - Subpoena Duces Tecum Issued to King Trade Capital, LLC and Edward King) (Mack, Edmond)
August 21, 2017 Filing 21 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6089284) of Paul J. Fraidenburgh by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing of Attorney Paul J. Fraidenburgh) (Mack, Edmond)
August 21, 2017 Filing 20 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum Issued to John Eckerd, #2 Exhibit 2 - Subpoena Duces Tecum Issued to The Watson Group and Gerald C. Watson, #3 Exhibit 3 - Subpoena Duces Tecum Issued to Integrity Corporate Funding, Inc., a/k/a I-Corp. Funding Group, and Vito Balsamo, #4 Exhibit 4 - Subpoena Duces Tecum Issued to XPO Logistics, Inc., #5 Exhibit 5 - Subpoena Duces Tecum Issued to Afif Baltagi, #6 Exhibit 6 - Subpoena Duces Tecum Issued to Roadmaster Trucking, Inc., #7 Exhibit 7 - Subpoena Duces Tecum Issued to Mid America Tire of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro) (Mack, Edmond)
August 2, 2017 Set/Reset Deadlines: Jason Adkins answer due 8/23/2017; Landash Corporation answer due 8/23/2017. (sem)
August 2, 2017 Opinion or Order Filing 19 ORDER denying #13 Plaintiff's Motion for Default Judgment and granting #16 Defendants' Motion to Set Aside Default. Signed by Judge George C. Smith on 8/2/17. (sem)
July 24, 2017 Filing 18 Amended Order Granting Plaintiff's Motion for Default Judgment submitted by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit Bill of Sale) (Klutinoty Edwards, Maria) Modified text on 7/26/2017 (sem).
July 24, 2017 Filing 17 RESPONSE in Opposition re #16 MOTION to Set Aside Default Entry and Vacate Default filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit Security Agreement, #2 Exhibit Warehouse Security Interest Letter, #3 Exhibit Declaration of Kalley Aman, #4 Exhibit Declaration of Maria Klutinoty Edwards, #5 Exhibit Declaration of Alexander Brahm, #6 Exhibit Knight Default Judgment, #7 Exhibit Text Messages with Defendant Adkins, #8 Exhibit Emails re Sale of Tires to Buyer in NJ, #9 Exhibit Loan Agreement, #10 Exhibit Personal Guarantee, #11 Exhibit Emails from Attorney Nichols, #12 Exhibit Declaration of Brandon W. McHugh, #13 Exhibit Email Granting Extension to Answer, #14 Exhibit Email Requesting 2nd Extension, #15 Exhibit Email Denying 2nd Extension, #16 Exhibit Vecron Motion for Default Judgment) (Klutinoty Edwards, Maria)
July 3, 2017 Filing 16 MOTION to Set Aside Default Entry and Vacate Default by Defendants Jason Adkins, Landash Corporation. (Attachments: #1 Affidavit Jason Adkins Affidavit) (Kaelber, Diem)
July 1, 2017 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Magistrate Judge Terence P. Kemp no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/30/17. (jcw)
June 26, 2017 Filing 14 NOTICE of Appearance by Diem Nguyen Kaelber for Defendants Jason Adkins, Landash Corporation (Kaelber, Diem)
June 12, 2017 Filing 13 MOTION for Default Judgment against Jason Adkins and Landash Corporation by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order Default Judgment Proposed Order, #2 Exhibit Bill of Sale - Exhibit for Proposed Order) (Klutinoty Edwards, Maria)
June 6, 2017 Filing 12 Clerk's ENTRY OF DEFAULT as to Defendants Jason Adkins & Landash Corporation. (er) Modified text on 8/2/2017 in that the Clerk's Entry of Default is VACATED per the Court's 8/2/17 Order (sem).
June 1, 2017 Filing 11 MOTION for Entry of Default against Jason Adkins and Landash Corporation by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Affidavit of Counsel, #2 Text of Proposed Order) (Klutinoty Edwards, Maria) Modified type of motion on 6/6/2017 (er).
May 31, 2017 Set/Reset Deadlines: Jason Adkins answer due 5/31/2017; Landash Corporation answer due 5/31/2017. (kdp)
May 19, 2017 SUMMONS Returned Executed: Jason Adkins & Landash Corporation served on 5/17/2017; answer due 5/31/2017, pursuant to Rule 15 (a)(3). (er) Modified text and answer due date on 5/31/2017 (kdp).
May 19, 2017 Filing 10 AFFIDAVIT of Service for Amended Verified Complaint served on Landash Corporation & Jason Adkins on May 17, 2017, filed by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
May 5, 2017 Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
May 5, 2017 Filing 8 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form Summons Form - Adkins) (Klutinoty Edwards, Maria)
May 5, 2017 Filing 7 AMENDED COMPLAINT against All Defendants, filed by Abington Emerson Capital, LLC. (Attachments: #1 Exhibit Exhibit 1 - Loan Agreement, #2 Exhibit Exhibit 2 - Promissory Note, #3 Exhibit Exhibit 3 - Security Agreement, #4 Exhibit Exhibit 4 - Personal Guaranty, #5 Exhibit Exhibit 5 - Statement of Net Worth, #6 Exhibit Exhibit 6 - Broker Email 1, #7 Exhibit Exhibit 7 - Land Parcel Data, #8 Exhibit Exhibit 8 - Entity Details, #9 Exhibit Exhibit 9 - Purchase Order, #10 Exhibit Exhibit 10 - Income Statement, #11 Exhibit Exhibit 11 - Broker Email 2, #12 Exhibit Exhibit 12 - Letter of Intent, #13 Exhibit Exhibit 13 - Articles of Organization, #14 Exhibit Exhibit 14 - UCC Financing Statement) (Klutinoty Edwards, Maria)
May 3, 2017 Opinion or Order Filing 6 ORDER - Plaintiff is directed to show cause within fourteen days why this action should not be dismissed. Signed by Magistrate Judge Terence P. Kemp on 5/3/2017. (agm)
February 27, 2017 Filing 5 SUMMONS Returned Executed as to Defendants Jason Adkins, Landash Corporation. Jason Adkins served on 2/24/2017, answer due 3/17/2017; Landash Corporation served on 2/24/2017, answer due 3/17/2017. (agm)
February 22, 2017 Filing 4 CERTIFICATE of Mailing by Clerk: Copies of the complaint and summons were mailed to the named defendants by certified mail. (ew)
February 17, 2017 Filing 3 Corporate Disclosure Statement by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
February 17, 2017 Filing 2 Summons Issued as to Jason Adkins and Landash Corporation. (Attachments: #1 Summons Form) (sem)
February 17, 2017 Filing 1 COMPLAINT against Jason Adkins, Landash Corporation ( Filing fee $ 400 paid - receipt number: 0648-5847480), filed by Abington Emerson Capital, LLC. Payme (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Loan Agreement, #3 Exhibit 2- Promissory Note, #4 Exhibit 3- Security Agreement, #5 Exhibit 4- Personal Guaranty, #6 Exhibit 5- UCC Financing Statement, #7 Summons Form for Landash Corporation, #8 Summons Form for Jason Adkins) (Klutinoty Edwards, Maria) Modified to add payment information on 2/17/2017 (agm).

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Search for this case: Abington Emerson Capital, LLC v. Adkins et al
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Defendant: Landash Corporation
Represented By: Timothy C. Parlatore
Represented By: Diem Nguyen Kaelber
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Defendant: XPO Logistics, Inc.
Represented By: Martha Brewer Motley
Represented By: Thomas J. Whaling
Represented By: Kimberly Weber Herlihy
Represented By: Angelyne E. Lisinski
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Defendant: XPO Global Forwarding, Inc.
Represented By: Martha Brewer Motley
Represented By: Thomas J. Whaling
Represented By: Kimberly Weber Herlihy
Represented By: Angelyne E. Lisinski
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Defendant: Todd Wilkin
Represented By: Augustus B. Flottman
Represented By: Benjamin G Dusing
Represented By: Stephen A Weigand
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Defendant: Jason Adkins
Represented By: Timothy C. Parlatore
Represented By: Diem Nguyen Kaelber
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Defendant: Afif Baltagi
Represented By: John C Camillus
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Defendant: Mid America Tire of Hillsboro, Inc.
Represented By: Lindsay M. Nelson
Represented By: Katherine C Ferguson
Represented By: Paul Bernhart
Represented By: David Alan Riepenhoff
Represented By: Daniel J Bennett
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Defendant: John Eckerd
Represented By: Elizabeth L Moyo
Represented By: Megan E Bailey
Represented By: Coyt R. Johnston
Represented By: James Dodds Curphey
Represented By: Robert L. Tobey
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Defendant: Mid America Tire of Hillsboro, Inc. doing business as Best-One Tire & Service of Hillsboro
Represented By: Lindsay M. Nelson
Represented By: Katherine C Ferguson
Represented By: Paul Bernhart
Represented By: David Alan Riepenhoff
Represented By: Daniel J Bennett
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Plaintiff: Abington Emerson Capital, LLC
Represented By: Edmond J. Mack
Represented By: Lee E Plakas
Represented By: Brandon W. McHugh
Represented By: Carole Schwartz Rendon
Represented By: Maria C Klutinoty Edwards
Represented By: Gary A Corroto
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