Abington Emerson Capital, LLC v. Adkins et al
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 |
Landash Corporation |
Abington Emerson Capital, LLC |
2:2017cv00143 |
February 17, 2017 |
US District Court for the Southern District of Ohio |
Columbus Office |
JACKSON |
Kimberly A Jolson |
Terence P Kemp |
Sarah D Morrison |
George C Smith |
Negotiable Instrument |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 464 ORDER GRANTING Joint #463 Motion to Dismiss. Plaintiff's Claims against Jason Adkins, Afif Baltagi, XPO Logistics, Inc., and XPO Global Forwarding, Inc. are dismissed with prejudice and Defendant XPO's Crossclaims against Afif Baltagi are dismissed without prejudice. Signed by Judge Sarah D. Morrison on 10/26/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 463 Joint MOTION to Dismiss by Plaintiff Abington Emerson Capital, LLC, Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Text of Proposed Order) (Mack, Edmond) |
Filing 462 ORDER GRANTING Plaintiff Abington Emerson Capital's Amended #461 Motion to approve alternate means of service of a trial subpoena upon Defendant Jason Adkins. Signed by Judge Sarah D. Morrison on 10/15/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 461 Amended MOTION for Order to Approve Alternate Service of Trial Subpoena by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Adkins Amended Subpoena, #2 Exhibit 2 - First Affidavit of Service, #3 Exhibit 3 - Second Affidavit of Service, #4 Exhibit 4 - Third Affidavit of Service, #5 Text of Proposed Order Proposed Order) (McHugh, Brandon) |
Filing 460 MOTION for Order to Alternate Service of Trial Subpoena by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Adkins Amended Subpoena, #2 Exhibit 2 - First Affidavit of Service, #3 Exhibit 3 - Second Affidavit of Service, #4 Exhibit 4 - Third Affidavit of Service) (McHugh, Brandon) |
Filing 459 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Trial Subpoenas (Attachments: #1 Exhibit 1 - Guy, T. Trial Subpoena, #2 Exhibit 2 - Wilkin, T. Trial Subpoena (Amended)) (Mack, Edmond) |
Filing 458 NOTICE by Plaintiff Abington Emerson Capital, LLC of Submission of Amended Joint Deposition Designations (Attachments: #1 Exhibit 1 - Amended Deposition Designation) (McHugh, Brandon) |
Filing 457 NOTICE of Filing Deposition Objections by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (Attachments: #1 Exhibit 1 - Abington's Objections Chart, #2 Exhibit 2 - XPO's Objections Chart) (McHugh, Brandon) Modified on 10/13/2021 to correct text and filing parties (kk2) |
Minute Entry for proceedings held before Judge Sarah D. Morrison. Final Pretrial Conference held on 10/12/2021. Being docketed for statistical purposes. Also XPO withdrew ECF No. #419 , that ECF No. #456 is DENIED as MOOT, and that ECF No. #446 is GRANTED as to correspondence related to settlement but DENIED as to the Indemnification Agreement Adkins signed, correspondence related to XPO being paid, correspondence related to the tire release, and as to any remainder. Abington made an oral motion to dismiss its unjust enrichment claim and said motion was GRANTED with the dismissal being without prejudice. (Court Reporter: Allison Kimmel) (tb) |
Filing 456 MOTION to Quash Subpoena Issued to Angelyne Lisinski, Esq. by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Whaling, Thomas) |
Filing 455 OPINION AND ORDER DENYING Abington's #396 Motion in Limine No. 1 to Exclude Treble Damages; DENYING AS MOOT Abington's #397 Motion in Limine No. 2 to Exclude Baltagi Investigation; DENYING AS MOOT Abington's #398 Motion in Limine No. 3 to Limit Preemptory Challenges; DENYING AS MOOT Abington's #399 Motion in Limine No. 4 to Preclude Live Witnesses; DENYING Abington's #400 Motion in Limine No. 5 to Preclude Lack of Criminal Charges; GRANTING Abington's #401 Motion in Limine No. 6 to Exclude and Sequester Witnesses, with corporate representatives being present for the duration of the trial; DENYING Abington's #402 Motion in Limine No. 7 to Exclude Expert Ozgur Kan's Opinion; DENYING fully Abington's #403 Motion in Limine No. 8 to Exclude Expert Tom Stephenson's Opinion; DENYING XPO's #413 Motion in Limine No. 1 to Exclude Star Funding; GRANTING XPO's #414 Motion in Limine No. 2 to Exclude Brad Jacobs; DENYING XPO's #415 Motion in Limine No. 3 to Exclude Legal Fees; GRANTING XPO's #416 Motion in Limine No. 4 to Preclude Usuary Interest; GRANTING XPO's #417 Motion in Limine No. 5 to Preclude Other Investors; GRANTING XPO's #418 Motion in Limine No. 6 to Preclude Reference to Settlement; and GRANTING XPO's #420 Motion to Bifurcate. Counsel shall be prepared to argue XPOs Motion in Limine No. 7 to Preclude Lisinskis Testimony #419 as well as XPOs Motion to Seal Document #446 at the final pre-trial conference. Signed by Judge Sarah D. Morrison on 10/8/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 454 NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Trial Subpoenas (Attachments: #1 Exhibit 1 - Adkins, J. Trial Subpoena, #2 Exhibit 2 - Anderson, M. Trial Subpoena, #3 Exhibit 3 - Bostic, A. Trial Subpoena, #4 Exhibit 4 - Cunningham, J. Trial Subpoena, #5 Exhibit 5 - Hodgson, D. Trial Subpoena, #6 Exhibit 6 - Irish, T. Trial Subpoena, #7 Exhibit 7 - Jorgensen, H. Trial Subpoena, #8 Exhibit 8 - Komsky, E. Trial Subpoena, #9 Exhibit 9 - Lisinski, A. Trial Subpoena, #10 Exhibit 10 - Muzi, D. Trial Subpoena, #11 Exhibit 11 - Oliver, I. Trial Subpoena, #12 Exhibit 12 - Shook, M. Trial Subpoena, #13 Exhibit 13 - Tujaque, L. Trial Subpoena, #14 Exhibit 14 - Wilkin, T. Trial Subpoena) (Mack, Edmond) |
Filing 453 ORDER - re Court's #391 April 16, 2021 Order. Counsel shall jointly file a list of objections to deposition testimony and stating the grounds for the objection on or before October 12, 2021. Signed by Judge Sarah D. Morrison on 10/7/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 452 REPLY to Response to Motion re #446 MOTION to Seal Document (Permanently) filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified on 10/6/2021 to correct text and document link (kk2) |
Filing 450 NOTATION ORDER granting #449 Motion for Leave to File Brief in Opposition to XPO's Motion to Permanently Seal Temporarily Under Seal. Signed by Magistrate Judge Kimberly A. Jolson on 9/30/21. (jr) |
Filing 449 MOTION for Leave to File Brief in Opposition to XPO's Motion to Permanently Seal (ECF #446 ) Temporarily Under Seal by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - BIO Motion to Permanently Seal [REDACTED]) (McHugh, Brandon) Modified on 9/30/2021 to correct ECF filing event and add document link (kk2) |
Filing 448 NOTICE of Filing Table of Contents for the Parties' #412 Joint Jury Instructions by Plaintiff Abington Emerson Capital, LLC (Attachments: #1 Exhibit 1 - Joint Jury Instructions - TOC [FINAL]) (McHugh, Brandon) Modified on 9/23/2021 to correct text and add document link (kk2). |
Filing 447 NOTATION ORDER - Briefing as to #446 Motion to Permanently Seal Documents is expedited as follows: Responses due within seven (7) days of the date of this Order, with Replies due three (3) days thereafter. Signed by Magistrate Judge Kimberly A. Jolson on 9/22/21. (jr) |
Filing 446 MOTION to Seal Document (Permanently) re 445 Sealed Document (Attorney Filing) by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified text on 9/22/2021 (kk2) |
Filing 444 ORDER granting #436 Motion to File Document Under Seal. Plaintiff shall file its opposition and supporting materials to Defendant XPO's #419 Motion in Limine No. 7 under seal. Any party that wishes all, or any portion, of the opposition to remain under seal shall file a motion to seal w/in fourteen (14) days. If no party files such a motion, the materials shall no longer be sealed and Plaintiff shall file unredacted copies in the public record. Signed by Magistrate Judge Kimberly A. Jolson on 9/20/2021. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 443 NOTICE of Partial Dismissal of Claims Against Defendant Afif Baltagi Without Prejudice re #213 Crossclaim by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified text and added document link on 9/9/2021 (kk2) |
Filing 442 ORDER GRANTING Plaintiff Abington Emerson Capital, LLC's #441 Motion to Voluntarily Dismiss Defendants John Eckerd, Todd Wilkin, and Mid America Tire of Hillsboro, Inc. without prejudice. Signed by Judge Sarah D. Morrison on 9/3/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 441 MOTION to Dismiss Without Prejudice Defendants John Eckerd, Todd Wilkin, and Mid America Tire of Hillsboro by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (McHugh, Brandon) Modified text on 9/7/2021 (kk2) |
Filing 440 NOTICE by Plaintiff Abington Emerson Capital, LLC, Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc. : THE PARTIES JOINT JURY VERDICT FORMS & INTERROGATORIES (Mack, Edmond) |
Filing 439 NOTATION ORDER granting #438 Motion for Leave to Appear Pro Hac Vice of Elisabeth C Jackson as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Kimberly A. Jolson on 9/2/2021. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) |
Filing 438 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8480360) of Elisabeth C. Jackson by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Written Affirmation) (Mack, Edmond) |
Filing 437 RESPONSE in Opposition re #420 MOTION in Limine to Bifurcate Trial Regarding Punitive Damages filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 436 MOTION to File Document Under Seal Brief in Opposition to XPO's #419 Motion in Limine No. 7 by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) Modified on 8/31/2021 to add document link (kk2) |
Filing 435 RESPONSE in Opposition re #419 Seventh MOTION in Limine to Preclude Abington from Calling Angel Lisinski, Esq. as a Witness (REDACTED) filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - A. Lisinski Emails with T. Parlatore Sept. 8 2017 - Dec. 18, 2017 (Redacted), #2 Exhibit 2 - A. Lisinski Email to J. Cunningham, Jan. 19, 2018, #3 Exhibit 3 - M. Shepard Email to A. Lisinski, Jan. 30, 2018, #4 Exhibit 4 - A. Lisinski Emails with K. Aman, Jan. 2018, #5 Exhibit 5 - K. Aman Email to A. Lisinski, Feb. 2, 2018, #6 Exhibit 6 - A. Lisinski to K. Aman, Feb. 3, 2018) (McHugh, Brandon) |
Filing 434 RESPONSE in Opposition re #418 Sixth MOTION in Limine to Preclude Abington From Referencing Settlement filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 433 RESPONSE in Opposition re #417 Fifth MOTION in Limine to Exclude Evidence Related to Adkins' Other Ponzi Scheme Investors filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - XPO's Proposed Interrogatories, #2 Exhibit 2 - Abington's Supplemental Initial Disclosures, #3 Exhibit 3 - XPO's Notice of Appearance, #4 Exhibit 4 - Hann Documents, #5 Exhibit 5 - Schroeder Documents, #6 Exhibit 6 - Dunfee Documents, #7 Exhibit 7 - Lather Documents, #8 Exhibit 8 - Newlove Documents, #9 Exhibit 9 - Edwards Documents) (McHugh, Brandon) |
Filing 432 RESPONSE in Opposition re #416 Fourth MOTION in Limine to Preclude Abington from Seeking Usury Interest filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - Begue v. Perrico, Ohio C.P. Summit No. CV02095358) (McHugh, Brandon) |
Filing 431 RESPONSE in Opposition re #415 Third MOTION in Limine to Exclude Evidence Regarding Legal Fees filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 430 RESPONSE in Opposition re #414 Second MOTION in Limine to Preclude Abington from Calling Brad Jacobs as a Witness filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 429 RESPONSE in Opposition re #413 First MOTION in Limine to Exclude Evidence Regarding Star Funding filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1 - XPO's Proposed Interrogatories) (McHugh, Brandon) |
Filing 428 RESPONSE in Opposition re #403 Eighth MOTION in Limine to Exclude Certain Opinions of Expert Witness, Tom Stephenson filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Report of Tom Stephenson, #2 Exhibit Stephenson deposition excerpts (Vol. I), #3 Exhibit Stephenson deposition excerpts (Vol. II), #4 Exhibit Burke deposition excerpts) (Motley, Martha) |
Filing 427 RESPONSE in Opposition re #402 Seventh MOTION in Limine to Exclude Expert Witness, Dr. Kan filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Dr. Kan's Report, #2 Exhibit Excerpts from Kan deposition, #3 Exhibit McGarvey Report, #4 Exhibit Excerpts from McGarvey deposition, #5 Exhibit Excerpts from Urtel deposition and exhibit, #6 Exhibit Excerpts from Camarena deposition) (Motley, Martha) |
Filing 426 RESPONSE in Opposition re #400 Fifth MOTION in Limine Regarding Lack of Criminal Investigation filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 425 RESPONSE in Opposition re #399 Fourth MOTION in Limine , #401 Sixth MOTION in Limine , #398 Third MOTION in Limine filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 424 RESPONSE in Opposition re #397 Second MOTION in Limine Regarding Investigation of Baltagi filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 423 RESPONSE in Opposition re #396 First MOTION in Limine Regarding Treble Damages filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1, Perttula Dep. excerpts and exhibit) (Motley, Martha) |
Filing 422 NOTATION ORDER as to #391 Scheduling Order. Final Pretrial Conference is being RESET for 10/12/2021 03:00 PM in Chambers before Judge Sarah D. Morrison. By Judge Sarah D. Morrison on 8/27/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 421 NOTICE of Appearance by Erica Rodriguez for Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Rodriguez, Erica) |
NOTICE of Appearance by Erica Rodriguez for Defendants XPO Global Forwarding, Inc. & XPO Logistics, Inc.SEE DOCKET #404 FOR DOCUMENT. (kk2) |
Filing 420 MOTION in Limine to Bifurcate Trial Regarding Punitive Damages by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 419 Seventh MOTION in Limine to Preclude Abington from Calling Angel Lisinski, Esq. as a Witness by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 418 Sixth MOTION in Limine to Preclude Abington From Referencing Settlement by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 417 Fifth MOTION in Limine to Exclude Evidence Related to Adkins' Other Ponzi Scheme Investors by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Proposed Stipulation of Fact) (Motley, Martha) |
Filing 416 Fourth MOTION in Limine to Preclude Abington from Seeking Usury Interest by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Abington Executive Summary, #2 Exhibit Abington's Updated Statement of Damages, #3 Exhibit Loan Agreement) (Motley, Martha) |
Filing 415 Third MOTION in Limine to Exclude Evidence Regarding Legal Fees by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 414 Second MOTION in Limine to Preclude Abington from Calling Brad Jacobs as a Witness by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit Star Funding emails, #2 Exhibit Graham affidavit, #3 Exhibit Jacobs dep. excerpts, #4 Exhibit Friedman dep. excerpts) (Motley, Martha) |
Filing 413 First MOTION in Limine to Exclude Evidence Regarding Star Funding by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Motley, Martha) |
Filing 412 Joint Proposed Jury Instructions by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics, Inc, XPO Global Forwarding, Inc. (McHugh, Brandon) Modified parties on 8/24/2021 (kk2) |
Filing 411 NOTICE of Joint Submission of Deposition Designations by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. & Plaintiff Abington Emerson Capital LLC (Attachments: #1 Deposition Designations of the Parties) (Motley, Martha) Modified text and parties on 8/24/2021 (kk2) |
Filing 410 STIPULATION of Fact by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. & Abington Emerson Capital, LLC. (Motley, Martha) Modified text and parties on 8/24/2021 (kk2) |
Filing 409 NOTATION ORDER - This matter came before the Court on the August 23, 2021 Status Conference. Pursuant to the discussion at that conference, counsel are hereby given an additional ten days to submit their joint proposed verdict forms and interrogatories. Any objections to the proposed language therein shall be clearly marked with authority provided. By Judge Sarah D. Morrison on 8/23/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 408 PRETRIAL MEMORANDUM by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: #1 Exhibit A - Expert CVs, #2 Exhibit B - Joint Exhibit List, #3 Exhibit C - Plaintiff's Exhibit List, #4 Exhibit D - XPO's Exhibit List) (Mack, Edmond) Modified text and parties on 8/24/2021 (kk2) |
Filing 407 Proposed Voir Dire by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
Filing 406 Proposed Voir Dire by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
Filing 405 NOTATION ORDER - Today's In Person Status Conference is being changed to a TELEPHONE STATUS CONFERENCE #395 Notice of Hearing. The Status Conference set for 8/23/2021 02:00 PM will be conducted on the record via Teleconference before Judge Sarah D. Morrison. The Call In Number is (888) 684-8852 and the Access Code is 5465115 (followed by the # symbol). By Judge Sarah D. Morrison on 8/23/2021. (tb) |
Filing 404 **SEE 8/23/2021 CORRECTIVE ENTRY** - NOTICE of Appearance by Thomas J. Whaling for Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified on 8/24/2021 (kk2) |
Minute Entry for proceedings held before Judge Sarah D. Morrison. Telephone Status Conference held on 8/23/2021 (being docketed for statistical purposes only). (Court Reporter: Allison Kimmel) (tb) |
Filing 403 Eighth MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 402 Seventh MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 401 Sixth MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 400 Fifth MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 399 Fourth MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 398 Third MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 397 Second MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 396 First MOTION in Limine by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 395 NOTICE of Hearing: In Person Status Conference RESET for 8/23/2021 02:00 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 394 NOTICE of Hearing: In Person Status Conference RESCHEDULED for 8/3/2021 10:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 393 NOTICE of Bankruptcy Discharge by Defendant John Eckerd (Attachments: #1 Exhibit Order of Discharge) (Curphey, James) Modified on 6/25/2021 (kk2) |
Filing 392 NOTICE of Hearing: In Person Status Conference set for 7/1/2021 10:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 391 SCHEDULING ORDER: All Pretrial Motions including Motions in Limine due by 8/23/2021. Responses to All Pretrial Motions due by 8/30/2021. Final Pretrial Conference set for 10/7/2021 10:00 AM before Judge Sarah D. Morrison. Jury Trial set for 10/25/2021 09:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. Signed by Judge Sarah D. Morrison on 4/16/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Minute Entry for proceedings held before Judge Sarah D. Morrison. Status Conference held on 4/15/2021 (being docketed for statistical purposes only).(Court Reporter: Allison Kimmel) (tb) |
Filing 390 NOTICE of Hearing: In Person Status Conference (counsel only) set for 4/15/2021 02:00 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 389 OPINION AND ORDER DENYING XPO Defendants #385 Motion to Dismiss. Signed by Judge Sarah D. Morrison on 3/22/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 388 RESPONSE in Opposition re #385 MOTION to Dismiss filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 2015 Foreign Profit Corporation Annual Report, #2 Exhibit XPO Logistics Trademark Service Mark Application, USPTO Serial No. 88649103, #3 Exhibit Application for Registration of Foreign For-Profit Corporation, #4 Exhibit Texas Franchise Act Report) (McHugh, Brandon) |
Filing 387 ORDER - re Court's OPINION AND ORDER #384 . Contains one typographical error. On page sixty-five the word "Abington's" should read "XPO's." This Order serves to correct that error. Signed by Judge Sarah D. Morrison on 2/8/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 386 NOTICE OF FILING DEPOSITION of Eugene Komsky by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Transcript - Deposition of Eugene Komsky, Dec. 16, 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, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 24) (Mack, Edmond) |
Filing 385 MOTION to Dismiss 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) (Motley, Martha) |
Filing 384 SEALED OPINION AND ORDER. XPO's Motion for Summary Judgment #332 and 338 are DENIED. XPO's Motion to Exclude Expert Testimony of Evan Armstrong #330 and 339 are GRANTED IN PART and DENIED IN PART. XPO's Motion to Exclude Expert Testimony of John T. McGarvey #331 is DENIED. Abington's Motion for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims #334 is DENIED. Abington's 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 #335 and 340 is DENIED. Abington's MOTION to Strike Declaration of Corporate Representative #364 is GRANTED IN PART and DENIED IN PART. XPO's Motion for Leave to File Instanter #372 is GRANTED. A dispute exists as to whether Defendant XPO Logistics, Inc. is a proper party to this action. Thus, XPO is ORDERED to file an appropriate motion on this topic within ten (10) days of this Opinion and Order. Abington's opposition, if any, shall be filed within seven (7) days thereafter. Each filing is limited to five pages. Briefs that are late or in violation of the stated page limitation may be struck from the record sua sponte. Failure to file an appropriate motion will result in XPO Logistics, Inc. remaining as a proper party in this action. This Opinion & Order is being filed under seal in the first instance. Counsel shall confer and submit an agreed redacted version of this Opinion & Order to the Court for filing. The Court does not anticipate any disagreement on such a simple matter; if there is, areas of dispute shall be clearly marked with short descriptions of the basis for objection provided. The proposed agreed redacted Opinion & Order shall be e-mailed in Word format to Amy_Vogel@ohsd.uscourts.gov with all counsel and pro se parties copied within ten (10) days of this Opinion & Order. Failure to abide by this deadline will result in this Opinion & Order being filed unsealed. Signed by Judge Sarah D. Morrison on 1/22/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Notice of Correction re 383 Order: Document has been removed by the Clerk's Office and filed in 2:17-cv-719. (ew) |
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). |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 376 MOTION to File Document Under Seal by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (McHugh, Brandon) |
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) |
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) |
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) |
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) |
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) |
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). |
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.) |
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) |
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) |
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) |
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.) |
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) |
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) |
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) |
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) |
Filing 362 RESPONSE in Opposition re #330 MOTION to Exclude Expert Testimony of Evan Armstrong filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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) |
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) |
Filing 359 NOTICE OF FILING DEPOSITION of Ozgur Kan by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
Filing 357 NOTICE OF FILING DEPOSITION of Tom Stephenson by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
Filing 355 NOTICE OF FILING DEPOSITION of Gerald Sabino by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
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.) |
Filing 352 NOTICE OF FILING DEPOSITION of John McGarvey by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
Filing 350 NOTICE OF FILING DEPOSITION of Evan Armstrong by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
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.) |
Filing 347 MOTION to Seal Permanently by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) Modified text on 6/18/2020 (kk2) |
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) |
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.) |
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). |
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) |
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) |
Filing 336 MOTION to File Document Under Seal by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Text of Proposed Order) (McHugh, Brandon) |
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) |
Filing 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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) |
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) |
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) |
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) |
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). |
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) |
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). |
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) |
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). |
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) |
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) |
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.) |
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.) |
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) |
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.) |
Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 3/10/2020. (jr) |
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.) |
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.) |
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) |
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) |
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) |
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) |
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) |
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.) |
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) |
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). |
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.) |
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) |
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) |
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) |
Filing 306 Redacted MOTION for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (ew) |
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.) |
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) |
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.) |
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.) |
Filing 301 STATUS REPORT by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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) |
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) |
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) |
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) |
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) |
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) |
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.) |
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) |
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) |
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) |
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.) |
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) |
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) |
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) |
Filing 287 STATUS REPORT of the Parties filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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) |
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) |
Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 9/24/2019. (Court Reporter: Shawna Evans) (jr) |
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) |
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.) |
Filing 282 STATUS REPORT of the Parties filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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) |
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.) |
Filing 278 STATUS REPORT of the Parties by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
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.) |
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) |
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) |
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) |
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) |
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.) |
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) |
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) |
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.) |
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) |
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) |
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) |
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) |
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) |
Filing 263 STATUS REPORT regarding Discovery Dispute by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon) |
Filing 262 NOTICE to Take Deposition of Joshua Perttula by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne) |
Filing 261 NOTICE to Take Deposition of Omid Shokoufandeh by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne) |
Filing 260 NOTICE to Take Deposition of Michael Urtel by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne) |
Filing 259 NOTICE to Take Deposition of Johnny Camarena by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne) |
Filing 258 NOTICE to Take Deposition of Abington Emerson Capital, LLC by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Lisinski, Angelyne) |
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.) |
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.) |
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.) |
Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 8/12/2019. (jr) |
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) |
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) |
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) |
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.) |
Filing 251 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Johnny Camarena (Whaling, Thomas) |
Filing 250 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Michael Urtel (Whaling, Thomas) |
Filing 249 NOTICE by Defendant XPO Logistics, Inc. of Videotaped Deposition of Joshua Perttula (Whaling, Thomas) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 242 First Set of INTERROGATORIES by Defendant Afif Baltagi. (Attachments: #1 Envelope) (er) |
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) |
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) |
Filing 239 STATUS REPORT (Parties' Joint Discovery Dispute Status Report) by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha) |
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) |
Filing 237 NOTICE to Take Deposition of Afif Baltagi by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha) |
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.) |
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) |
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.) |
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) |
Filing 232 MOTION for a 502(d) Order by Defendant XPO Logistics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Motley, Martha) |
Filing 231 NOTICE to Take Deposition of Defendant Afif Baltagi (Amended) by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
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) |
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) |
Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 6/27/2019. (jr) |
Filing 227 NOTICE to Take Deposition of Jason Adkins by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha) |
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) |
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) |
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) |
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) |
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) |
Set Columbus PPTO Deadlines: Rebuttal Expert due by 1/15/2020 per #222 (kk2) |
Filing 221 STATUS REPORT re: Discovery Dispute by Plaintiff Abington Emerson Capital, LLC, Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Mack, Edmond) |
Filing 220 NOTICE to Take Deposition of Defendant Jason Adkins by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
Filing 218 NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Service of Subpoena) (Attachments: #1 Exhibit 1) (Motley, Martha) |
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.) |
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.) |
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) |
Filing 214 NOTICE to Take Deposition of Defendant Afif Baltagi by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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). |
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) |
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.) |
Filing 210 First MOTION to Vacate #206 Notice Setting Mediation by Defendant XPO Global Forwarding, Inc.. (Attachments: #1 Affidavit) (Whaling, Thomas) |
Filing 209 AFFIDAVIT re #208 MOTION to Vacate Mediation by Defendant XPO Global Forwarding, Inc.. (Whaling, Thomas) |
Filing 208 MOTION to Vacate Mediation by Defendant XPO Global Forwarding, Inc.. (Whaling, Thomas) |
Filing 207 NOTICE of Appearance by Martha Brewer Motley for Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) |
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) |
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) |
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) |
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.) |
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.) |
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) |
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) |
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). |
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.) |
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) |
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) |
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) |
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) |
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) |
Filing 192 ANSWER to #177 Amended Complaint filed by Afif Baltagi. (Camillus, John) |
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.) |
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). |
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.) |
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) |
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.) |
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) |
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). |
Filing 184 ***WITHDRAWN per notice #190 *** MOTION to Dismiss for Lack of Jurisdiction by Defendant Afif Baltagi. (Camillus, John) |
Filing 183 NOTICE of Appearance by Martha Brewer Motley for Defendant XPO Logistics, Inc. (Motley, Martha) |
Filing 182 ANSWER to #177 Amended Complaint filed by XPO Logistics, Inc.. (Motley, Martha) See doc #185 for refiled document. (er). |
Filing 181 SUGGESTION OF BANKRUPTCY Upon the Record as to Todd L. Wilkin by Defendant Todd Wilkin. (Weigand, Stephen) |
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.) |
Filing 179 Proposed Pretrial Order : Joint Proposed Scheduling Order by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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.) |
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) |
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.) |
NOTICE of Hearing: Telephonic Status Conference set for 12/13/2018 @ 2:30 PM before Magistrate Judge Kimberly A. Jolson. (jr) |
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) |
Filing 174 RESPONSE in Opposition re #167 MOTION for Leave to File Third Amended Complaint filed by Defendant XPO Logistics, Inc.. (Motley, Martha) |
Set/Reset Columbus PPTO Deadlines: Settlement Week 6/2019. (jr) |
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) |
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) |
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.) |
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) |
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) |
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) |
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) |
Filing 166 ANSWER to #71 Amended Complaint,,,,,,,,, filed by Todd Wilkin. (Weigand, Stephen) |
Filing 165 ANSWER to #71 Amended Complaint,,,,,,,,, filed by Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine) |
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) |
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.) |
Filing 162 NOTICE of Appearance by Stephen A Weigand for Defendant Todd Wilkin (Weigand, Stephen) |
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) |
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.) |
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.) |
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) |
Filing 157 NOTICE by Plaintiff Abington Emerson Capital, LLC of Voluntary Dismissal of Defendant Landash Corporation without Prejudice (McHugh, Brandon) |
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) |
Set/Reset Columbus PPTO Deadlines: Settlement Week 12/2018. (jr) |
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.) |
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) |
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) |
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.) |
Filing 151 RESPONSE in Opposition re #148 MOTION to Set Aside Stay filed by Defendant Todd Wilkin. (Dusing, Benjamin) |
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) |
Filing 149 SUGGESTION OF BANKRUPTCY Upon the Record as to John Eckerd by Defendant John Eckerd. (Johnston, Coyt) |
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) |
Filing 147 NOTICE of Appearance by Brandon Wesley McHugh for Plaintiff Abington Emerson Capital, LLC (McHugh, Brandon) |
Filing 146 NOTICE by Defendant XPO Logistics, Inc. of Withdrawal and Substitution of Counsel (Herlihy, Kimberly) |
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) |
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) |
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) |
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) |
Filing 141 Reply re #135 Response in Opposition to Motion,, by Defendant John Eckerd. (Curphey, James) |
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) |
Filing 139 REPLY to Response to Motion re #128 MOTION for Joinder filed by Defendant Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine) |
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). |
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). |
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) |
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) |
Filing 133 MOTION to Dismiss for Lack of Jurisdiction by Defendant Afif Baltagi. (Camillus, John) Modified on 6/24/2019 (np). |
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) |
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) |
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) |
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). |
Filing 128 MOTION for Joinder by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) |
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). |
Filing 126 MOTION to Stay Litigation Pending Resolution of Bankruptcy Proceedings by Defendant John Eckerd. (Curphey, James) |
Filing 125 MOTION to Stay Proceedings by Defendant Todd Wilkin. (Dusing, Benjamin) |
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) |
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) |
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). |
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) |
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.) |
Set/Reset Deadlines: Todd Wilkin answer to the Second Amended Complaint due 5/14/2018. (sem) |
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). |
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.) |
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). |
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). |
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.) |
Filing 115 NOTICE of Appearance by Kimberly Weber Herlihy for Defendant XPO Logistics, Inc. (Herlihy, Kimberly) |
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) |
Filing 113 NOTICE of Appearance by Augustus B. Flottman for Defendant Todd Wilkin (Flottman, Augustus) |
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.) |
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.) |
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) |
Filing 109 NOTICE of Appearance by Benjamin G Dusing for Defendant Todd Wilkin (Dusing, Benjamin) |
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) |
Filing 107 NOTICE of Appearance by Paul Bernhart for Defendant Mid America Tire of Hillsboro, Inc. (Bernhart, Paul) |
Filing 106 DEMAND for Trial by Jury by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
Filing 104 ANSWER to #71 Amended Complaint, filed by XPO Logistics, Inc.. (Lisinski, Angelyne) Modified text on 4/10/2018 (daf). |
Filing 103 Defendant John Eckerd's ANSWER to #71 Amended Complaint, filed by John Eckerd. (Curphey, James) Modified on 4/9/2018 (daf). |
Filing 102 NOTICE of Appearance by James Dodds Curphey for Defendant John Eckerd (Curphey, James) |
Filing 101 STIPULATION TO MOVE OR PLEAD by Defendant Todd Wilkin. (Riepenhoff, David) |
Filing 100 STIPULATION TO MOVE OR PLEAD by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) |
Filing 99 NOTICE by Defendant John Eckerd of Withdrawal of Attorney Megan E. Bailey as Co-Counsel (Curphey, James) |
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). |
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) |
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) |
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) |
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.) |
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.) |
Filing 92 MOTION for Extension of Time to File Answer by Defendant Afif Baltagi. New date requested 4/12/2018. (Attachments: #1 Envelope) (ew) |
Set/Reset Deadlines: John Eckerd answer due 4/6/2018. (sem) |
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) |
Filing 90 WAIVER OF SERVICE Returned Executed. Waiver sent to Todd Wilkin on 2/6/2018, answer due 4/9/2018. (Mack, Edmond) |
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) |
Filing 88 SUMMONS Returned Executed as to Defendant Afif Baltagi. Afif Baltagi served on 3/1/2018, answer due 3/22/2018. (Mack, Edmond) |
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) |
Filing 86 WAIVER OF SERVICE Returned Executed. Waiver sent to XPO Logistics, Inc. on 2/6/2018, answer due 4/9/2018. (Mack, Edmond) |
Notice - The 3/6/2018 at 4:00 PM Status Conference is VACATED. (sln) |
Filing 85 SUMMONS Returned Executed as to Defendant John Eckerd. John Eckerd served on 2/23/2018, answer due 3/16/2018. (Mack, Edmond) |
Filing 84 NOTICE of Hearing: Status Conference set for 3/6/2018 04:00 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
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) |
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) |
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) |
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) |
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) |
Filing 78 NOTICE by Defendant Jason Adkins Amended Notice Of Bankruptcy Filing And Of Automatic Stay (Whittaker, David) |
Filing 77 NOTICE by Defendant Jason Adkins Of Bankruptcy Filing And Of Automatic Stay (Whittaker, David) |
Filing 76 Reply re #63 Response (non motion), by Defendant Jason Adkins, Counter Claimant Jason Adkins. (Parlatore, Timothy) |
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) |
Filing 74 Summons Issued as to Defendants Afif Baltagi and John Eckerd. (kpt) |
Filing 73 REQUEST for Issuance of Summons. - Defendant John Eckerd (Mack, Edmond) |
Filing 72 REQUEST for Issuance of Summons. - Defendant Afif Baltagi (Mack, Edmond) |
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) |
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) |
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) |
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) |
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) |
Filing 66 NOTICE of Appearance by Lee E Plakas for Plaintiff Abington Emerson Capital, LLC, Counter Defendant Abington Emerson Capital, LLC (Plakas, Lee) |
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) |
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) |
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) |
Filing 62 SUGGESTION OF BANKRUPTCY Upon the Record as to Landash Corporation by Counter Claimant Landash Corporation, Defendant Landash Corporation. (Parlatore, Timothy) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 48 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 11/8/2017. (kpt) |
Filing 47 Joint MOTION for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
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). |
Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 10/26/2017. (agm) |
Filing 44 NOTICE of Appearance by Carole Schwartz Rendon for Plaintiff Abington Emerson Capital, LLC, Counter Defendant Abington Emerson Capital, LLC (Rendon, Carole) |
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) |
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) |
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) |
Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Discovery Conference held on 10/4/2017. (agm) |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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) |
Filing 31 NOTICE of Appearance by David Alan Riepenhoff for Movant MID AMERICA TIRE OF HILLSBORO, INC. (Riepenhoff, David) |
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) |
Filing 29 NOTICE of Hearing: Preliminary Pretrial Conference set for 10/26/2017 at 03:00 PM before Magistrate Judge Chelsey M. Vascura. (agm) |
Filing 28 RULE 26(f) REPORT by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) |
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) |
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) |
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) |
Filing 24 ANSWER to #7 Amended Complaint,,, , COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Nguyen Kaelber, Diem) |
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) |
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) |
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) |
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) |
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) |
Set/Reset Deadlines: Jason Adkins answer due 8/23/2017; Landash Corporation answer due 8/23/2017. (sem) |
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). |
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) |
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) |
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) |
Filing 14 NOTICE of Appearance by Diem Nguyen Kaelber for Defendants Jason Adkins, Landash Corporation (Kaelber, Diem) |
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) |
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). |
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). |
Set/Reset Deadlines: Jason Adkins answer due 5/31/2017; Landash Corporation answer due 5/31/2017. (kdp) |
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). |
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) |
Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria) |
Filing 8 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form Summons Form - Adkins) (Klutinoty Edwards, Maria) |
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) |
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) |
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) |
Filing 4 CERTIFICATE of Mailing by Clerk: Copies of the complaint and summons were mailed to the named defendants by certified mail. (ew) |
Filing 3 Corporate Disclosure Statement by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria) |
Filing 2 Summons Issued as to Jason Adkins and Landash Corporation. (Attachments: #1 Summons Form) (sem) |
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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