Trois v. Apple Tree Auction Center, Inc. et al

Plaintiff: Charles J. Trois
Defendant: Apple Tree Auction Center, Inc. and Samuel Schnaidt
Case Number: 2:2018cv00688
Filed: July 13, 2018
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: XX US, Outside State
Presiding Judge: Kimberly A Jolson
Referring Judge: Algenon L Marbley
2 Judge: Edmund A Sargus
3 Judge: Chelsey M Vascura
Nature of Suit: Contract: Other
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2018 Filing 30 RESPONSE in Opposition re #27 MOTION for Leave to File First Amended Complaint filed by Defendants Apple Tree Auction Center, Inc., Samuel Schnaidt. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Crawford, John)
September 7, 2018 Filing 29 MOTION to Consolidate Cases by Plaintiff Charles J. Trois. (Attachments: #1 Text of Proposed Order) (Snell, David)
August 30, 2018 Filing 28 REPLY to Response to Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Apple Tree Auction Center, Inc., Samuel Schnaidt. (Crawford, John)
August 17, 2018 Filing 27 MOTION for Leave to File First Amended Complaint by Plaintiff Charles J. Trois. (Attachments: #1 Exhibit A: First Amended Complaint, #2 Text of Proposed Order) (Snell, David)
August 16, 2018 Filing 26 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Charles J. Trois. (Snell, David)
August 6, 2018 Opinion or Order Filing 25 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:16-cv-892 ARE related. Case reassigned to Judge Algenon L. Marbley and Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Magistrate Judge Chelsey M. Vascura on July 31, 2018. (jlk)
July 26, 2018 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Apple Tree Auction Center, Inc., Samuel Schnaidt. (Crawford, John)
July 19, 2018 Filing 23 NOTICE of Appearance by John Andrew Crawford for Defendants Apple Tree Auction Center, Inc., Samuel Schnaidt (Crawford, John)
July 16, 2018 Filing 21 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney David C. Snell, Erica Escobar Valladares, Natalie Friend Wilson, and Roger D. Kirstein. (sct)
July 13, 2018 Filing 20 Case transferred in from District of Texas Western; Case Number 5:16-cv-00746. Original file electronic copy of transfer order and docket sheet received.
July 12, 2018 Case transferred to District of Southern District of Ohio, Eastern Division; (mgr) [Transferred from Texas Western on 7/13/2018.]
July 12, 2018 Opinion or Order Filing 19 ORDER GRANTING #15 Motion to supplement Motion to Transfer Venue Pursuant to 28 U.S.C.A. sec. 1404(a) Signed by Judge Xavier Rodriguez. (mgr) [Transferred from Texas Western on 7/13/2018.]
May 4, 2018 Filing 18 DEFENDANT'S REPLY to Response to Motion, filed by Apple Tree Auction Center, Inc., Samuel Schnaidt, re #15 MOTION to supplement Motion to Transfer Venue Pursuant to 28 U.S.C.A. sec. 1404(a) filed by Defendant Apple Tree Auction Center, Inc., Defendant Samuel Schnaidt (Attachments: #1 Exhibit A1, #2 Exhibit A2)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]
April 30, 2018 Opinion or Order Text Order GRANTING #17 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The deadline to file the reply is extended to May 4,2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) [Transferred from Texas Western on 7/13/2018.]
April 30, 2018 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 Response in Opposition to Motion, by Apple Tree Auction Center, Inc., Samuel Schnaidt. (Attachments: #1 Proposed Order)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]
April 25, 2018 Filing 16 Response in Opposition to Motion, filed by Charles J Trois, re #15 MOTION to supplement Motion to Transfer Venue Pursuant to 28 U.S.C.A. sec. 1404(a) filed by Defendant Apple Tree Auction Center, Inc., Defendant Samuel Schnaidt (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Snell, David) [Transferred from Texas Western on 7/13/2018.]
April 16, 2018 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (rf) [Transferred from Texas Western on 7/13/2018.]
April 11, 2018 Filing 15 MOTION to supplement Motion to Transfer Venue Pursuant to 28 U.S.C.A. sec. 1404(a) by Apple Tree Auction Center, Inc., Samuel Schnaidt. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Proposed Order)(Valladares, Erica) [Transferred from Texas Western on 7/13/2018.]
March 19, 2018 Opinion or Order Filing 14 ORDER that Defendants shall have until April 11, 2018 to reurge and supplement the motion to transfer venue. If the Court denies the motion, Defendantsanswer will be due fourteen days from the filing of the order. re #13 Advisory to the Court filed by Apple Tree Auction Center, Inc., Samuel Schnaidt. Signed by Judge Xavier Rodriguez. (wg) [Transferred from Texas Western on 7/13/2018.]
March 12, 2018 Filing 13 ADVISORY TO THE COURT by Apple Tree Auction Center, Inc., Samuel Schnaidt. #12 Order (Kirstein, Roger) Modified text on 3/12/2018 (wg). [Transferred from Texas Western on 7/13/2018.]
March 5, 2018 Opinion or Order Filing 12 ORDER. Signed by Judge Xavier Rodriguez. (mgr) [Transferred from Texas Western on 7/13/2018.]
February 27, 2018 Filing 11 Certified copy of USCA JUDGMENT/MANDATE Remanding #9 Notice of Appeal (E-Filed) filed by Charles J Trois, Notice of Appeal, filed by Charles J Trois. ***THIS CAUSE WAS CONSIDERED ON THE RECORD ON APPEAL AND THE BRIEFS ON FILE. IT IS ORDERED AND ADJUDGED THAT THE JUDGMENT OF THE DISTRICT COURT IS AFFIRMED IN PART AND REVERSED IN PART, AND THE CAUSE IS REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH THE OPINION OF THIS COURT. IT IS FURTHER ORDERED THAT EACH PARTY BEAR ITS OWN COSTS ON APPEAL.*** (Attachments: #1 TRANSMITTAL LETTER FROM USCA5)(dtg) [Transferred from Texas Western on 7/13/2018.]
December 28, 2016 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal,,. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (fs) [Transferred from Texas Western on 7/13/2018.]
December 5, 2016 NOTICE OF APPEAL following #9 Notice of Appeal (E-Filed) by Charles J Trois. Filing fee $ 505, receipt number 0542-9092048. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (wg) [Transferred from Texas Western on 7/13/2018.]
December 5, 2016 Filing 10 DESIGNATION of Record on Appeal by Charles J Trois re #9 Notice of Appeal (E-Filed) (Snell, David) [Transferred from Texas Western on 7/13/2018.]
December 5, 2016 Filing 9 Appeal of Final Judgment #7 , #8 by Charles J Trois. ( Filing fee $ 505 receipt number 0542-9092048) (Snell, David) [Transferred from Texas Western on 7/13/2018.]
November 27, 2016 Filing 8 CLERK'S JUDGMENT (rg) [Transferred from Texas Western on 7/13/2018.]
November 27, 2016 Opinion or Order Filing 7 ORDER GRANTING IN PART AND DENYING IN PART #2 Defendant's Motion to Dismiss. This case is dismissed without prejudice. Signed by Judge Xavier Rodriguez. (rg) [Transferred from Texas Western on 7/13/2018.]
September 12, 2016 Filing 6 REPLY to Response to Motion, filed by Apple Tree Auction Center, Inc., Samuel Schnaidt, re #2 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Apple Tree Auction Center, Inc., Defendant Samuel Schnaidt, #4 MOTION filed by Plaintiff Charles J Trois (Attachments: #1 Appendix Appendix, #2 Proposed Order Proposed Order)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]
August 31, 2016 Opinion or Order Text Order GRANTING #5 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. It is therefore ORDERED that Defendants' deadline to reply to Plaintiff's Response to Defendants' Motion to Dismiss for Lack of Jurisdiction and Motion to Transfer Venue, and Request to Conduct Discovery on Jurisdictional Matters is extended until September 12, 2016.(This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) [Transferred from Texas Western on 7/13/2018.]
August 30, 2016 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION by Apple Tree Auction Center, Inc., Samuel Schnaidt. (Attachments: #1 Proposed Order)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]
August 26, 2016 Filing 4 MOTION to Conduct Discovery on Jurisdictional Matters and Response in Opposition to Motion, filed by Charles J Trois, re #2 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Apple Tree Auction Center, Inc., Defendant Samuel Schnaidt (Attachments: #1 Exhibit Exhibit 1)(Snell, David) Modified on 8/29/2016 (rg). [Transferred from Texas Western on 7/13/2018.]
August 10, 2016 Opinion or Order Text Order GRANTING #3 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Plaintiff's deadline to respond to Defendant's Motion to Dismiss and/or Motion to Transfer Venue is extended until August 26, 2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) [Transferred from Texas Western on 7/13/2018.]
August 10, 2016 Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss/Motion to Transfer Venue by Charles J Trois. (Attachments: #1 Proposed Order)(Snell, David) [Transferred from Texas Western on 7/13/2018.]
July 29, 2016 Filing 2 MOTION to Dismiss for Lack of Jurisdiction by Apple Tree Auction Center, Inc., Samuel Schnaidt. (Attachments: #1 Appendix w/Exhs 1-4, #2 Proposed Order)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]
July 22, 2016 If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy (wg) [Transferred from Texas Western on 7/13/2018.]
July 22, 2016 Case Randomly Assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) [Transferred from Texas Western on 7/13/2018.]
July 22, 2016 Filing 1 NOTICE OF REMOVAL by Samuel Schnaidt, Apple Tree Auction Center, Inc. (Filing fee $400 receipt number 0542-8690734), filed by Samuel Schnaidt, Apple Tree Auction Center, Inc.. (Attachments: #1 Exhibit A - Plaintiffs Original Petition, #2 Exhibit B - State Court Notice, #3 Exhibit C - Notice to Plaintiff, #4 Civil Cover Sheet, #5 Supplement)(Kirstein, Roger) [Transferred from Texas Western on 7/13/2018.]

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Defendant: Apple Tree Auction Center, Inc.
Represented By: Natalie Friend Wilson
Represented By: Roger D. Kirstein
Represented By: Erica Escobar Valladares
Represented By: Robert Nathanael Abdalla
Represented By: John Andrew Crawford
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Defendant: Samuel Schnaidt
Represented By: Natalie Friend Wilson
Represented By: Roger D. Kirstein
Represented By: Erica Escobar Valladares
Represented By: Robert Nathanael Abdalla
Represented By: John Andrew Crawford
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Plaintiff: Charles J. Trois
Represented By: David C. Snell
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