Smith v. FirstEnergy Corp. et al
Plaintiff: Jacob Smith
Defendant: FirstEnergy Service Company, FirstEnergy Corp., Michael Dowling, K. Jon Taylor, Charles E. Jones, Michael J Dowling, Steven E. Strah, James F. Pearson, Energy Harbor and Kent State Univ
Not Classified By Court: gugliotta, Ohio Dept of Natural Resources, Ohio Dept of Public Safety, Univ of Akron and Grace M. Cannata
Case Number: 2:2020cv03755
Filed: July 27, 2020
Court: US District Court for the Southern District of Ohio
Presiding Judge: Kimberly A Jolson
Referring Judge: Edmund A Sargus
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2022 Opinion or Order Filing 167 OPINION AND ORDER granting in part Plaintiffs Motion for Final Settlement Approval of Class Action Settlement and Award of Attorneys Fees, Costs, and Service Payments to Class Representatives. (ECF No. 158 in Case No. 2:20-cv-3755; ECF No. 166 in Case No. 2:20-cv-3954; ECF No. 161 in Case No. 2:20-cv-3987.) Specifically, the Court GRANTS the motion as it relates to settlement approval, payment of costs, and service payments to class representatives and GRANTS IN PART the Motion as it relates to attorney fees. Signed by Judge Edmund A. Sargus on 12/5/2022. (Attachments: #1 Addendum to December 5, 2022, Opinion and Order) (cmw)
December 5, 2022 Opinion or Order Filing 166 CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/5/2022. (cmw)
December 1, 2022 Opinion or Order Filing 165 Transcript of Fairness Hearing Proceedings held on 11/09/2022, before Judge Edmund A. Sargus, Jr. Court Reporter/Transcriber Crystal Hatchett, RPR, CRR, Telephone number (614) 719-3245. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 12/22/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/1/2023. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Hatchett, Crystal)
November 9, 2022 Opinion or Order Filing 164 Minute Entry for proceedings held before Judge Edmund A. Sargus: Fairness Hearing held on 11/9/2022. All parties represented and one objector appeared. An Opinion and Order to follow. (Court Reporter: Chrystal Hatchett) (cmw)
October 20, 2022 Opinion or Order Filing 161 ORDER granting #155 Motion to File Document Under Seal. Signed by Magistrate Judge Kimberly A. Jolson on 10/20/2022. (kk2)
October 11, 2022 Opinion or Order Filing 158 MOTION for Order to Finally Approve Class Action Settlement and Award of Attorneys' Fees, Costs, and Service Payments to Class Representatives ( Responses due by 11/4/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 EXHIBIT A - Final Approval Memo, #2 EXHIBIT A - EX A - Final Approval Declaration, #3 EXHIBIT A - EX A - TAB 1 Second Amended Class Action Complaint, #4 EXHIBIT A - EX A - TAB 2 Settlement Agreement, #5 EXHIBIT A - EX A - TAB 3 Motion to Dismiss, #6 EXHIBIT A - EX A - TAB 4 Firm CVs, #7 EXHIBIT A - EX A - TAB 5 Opposition, #8 EXHIBIT A - EX A - TAB 6 Redacted List, #9 EXHIBIT B - Memo In Support of Fees Costs and Incentive Awards, #10 EXHIBIT C - SUPPLEMENT TO PETITION, #11 EXHIBIT C - TAB A - MILLER DECLARATION, #12 EXHIBIT C - TAB B MURRAY DECLARATION, #13 EXHIBIT C - TAB C WARD DECLARATION, #14 EXHIBIT C - TAB D RODDY DECLARATION, #15 EXHIBIT C - TAB E KERGER DECLARATION, #16 EXHIBIT C - TAB F STROM DECLARATION, #17 EXHIBIT C - TAB G GALVIN DECLARATION, #18 EXHIBIT C - TAB H SOLOMONS DECLARATION, #19 EXHIBIT C - TAB I KARON DECLARATION, #20 EXHIBIT C - TAB J SHEHEEN DECLARATION, #21 EXHIBIT D - Response To Objection, #22 EXHIBIT E - FINAL APPROVAL ORDER, #23 EXHIBIT E - TAB 1 Ohio Electricity Exclusion Report 10-10-2022) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 11, 2022 Opinion or Order Filing 157 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Jacob Smith re (157 in 2:20-cv-03987-EAS-KAJ, 162 in 2:20-cv-03954-EAS-KAJ, 154 in 2:20-cv-03755-EAS-KAJ) MOTION for Order to Finally Approve Class Action Settlement and Award of Attorneys' Fees, Costs, and Service Payments to Class Representatives and all attachments Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
October 11, 2022 Opinion or Order Filing 156 NOTATION ORDER: Should any party oppose Plaintiffs' Motion to Seal, the Court EXPEDITES briefing on the Motion as follows: any response in opposition shall be filed on or before 10/18/22; any reply from Plaintiffs shall be filed on or before 10/21/22. Signed by Magistrate Judge Kimberly A. Jolson on 10/11/22. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
October 10, 2022 Opinion or Order Filing 155 MOTION to File Document Under Seal ( Responses due by 10/31/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 10, 2022 Opinion or Order Filing 154 ***WITHDRAWN per Notice, entries (157 in 2:20-cv-03755-EAS-KAJ, 165 in 2:20-cv-03954-EAS-KAJ & 160 in 2:20-cv-03987-EAS-KAJ)*** MOTION for Order to Finally Approve Class Action Settlement and Award of Attorneys' Fees, Costs, and Service Payments to Class Representatives ( Responses due by 10/31/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 EXHIBIT A - Final Approval Memo, #2 EXHIBIT A - EX A - Final Approval Declaration, #3 EXHIBIT A - EX A - TAB 1 Second Amended Class Action Complaint, #4 EXHIBIT A - EX A - TAB 2 Settlement Agreement, #5 EXHIBIT A - EX A - TAB 3 Motion to Dismiss, #6 EXHIBIT A - EX A - TAB 4 Firm CVs, #7 EXHIBIT A - EX A - TAB 5 Opposition, #8 EXHIBIT A - EX A - TAB 6 Final Approval Declaration, #9 EXHIBIT B - Memo In Support of Fees Costs and Incentive Awards, #10 EXHIBIT C - SUPPLEMENT TO PETITION, #11 EXHIBIT C - TAB A - MILLER DECLARATION, #12 EXHIBIT C - TAB B MURRAY DECLARATION, #13 EXHIBIT C - TAB C WARD DECLARATION, #14 EXHIBIT C - TAB D RODDY DECLARATION, #15 EXHIBIT C - TAB E KERGER DECLARATION, #16 EXHIBIT C - TAB F STROM DECLARATION, #17 EXHIBIT C - TAB G GALVIN DECLARATION, #18 EXHIBIT C - TAB H SOLOMONS DECLARATION, #19 EXHIBIT C - TAB I KARON DECLARATION, #20 EXHIBIT C - TAB J SHEHEEN DECLARATION, #21 EXHIBIT D - Response To Objection, #22 EXHIBIT E - FINAL APPROVAL ORDER, #23 EXHIBIT E - TAB 1 Ohio Electricity Exclusion Report 10-10-2022) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 5, 2022 Opinion or Order Filing 159 Objection by Objector Grace M. Cannata. (Attachments: #1 Envelope) (daf)
October 5, 2022 Opinion or Order Filing 153 Objection To The Proposed Award of Attorneys Fees by Defendant Kent State Univ. (Cordero, Leandro)
October 5, 2022 Opinion or Order Filing 152 NOTICE of Appearance by Leandro Martin Cordero for Defendant Kent State Univ (Cordero, Leandro)
October 5, 2022 Opinion or Order Filing 151 NOTATION ORDER granting Motion to File Document Under Seal (Doc. 148). Because the Motion contains the personal information sought to be sealed, the Clerk is DIRECTED to SEAL Doc. 148. Class Member Gugliotta may file his statement of objection under seal. Signed by Magistrate Judge Kimberly A. Jolson on 10/5/22. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
October 4, 2022 Opinion or Order Filing 150 Objection To The Proposed Award of Attorneys Fees by Objectors Ohio Dept of Natural Resources, Ohio Dept of Public Safety, Univ of Akron. (Cordero, Leandro)
October 4, 2022 Opinion or Order Filing 149 NOTICE of Appearance by Leandro Martin Cordero for Objectors Ohio Dept of Natural Resources, Ohio Dept of Public Safety, Univ of Akron (Cordero, Leandro)
October 4, 2022 Opinion or Order Filing 148 MOTION to File Document Under Seal ( Responses due by 10/25/2022) by Objector gugliotta. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gugliotta, John)
October 4, 2022 Opinion or Order Filing 147 NOTICE by Objectors gugliotta, gugliotta, gugliotta Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gugliotta, John)
September 15, 2022 Opinion or Order Filing 146 ORDER rendering as moot #87 Motion for Judgment on the Pleadings; rendering as moot #91 Motion to Dismiss for Failure to State a Claim; rendering as moot #97 Motion for Order to; rendering as moot #118 Motion to Dismiss for Failure to State a Claim. Signed by Judge Edmund A. Sargus on 9/15/2022. (cmw)
September 6, 2022 Opinion or Order Filing 145 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas re (142 in 2:20-cv-03755-EAS-KAJ, 142 in 2:20-cv-03755-EAS-KAJ) Order,, Set Hearings, Petition of Dennis E. Murray, Jr., Marvin A. Miller, and James L. Ward, Jr. in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives (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) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Szot, Andrew)
September 1, 2022 Opinion or Order Filing 144 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock of filing the Declaration of Eric J. Miller Regarding (A) Dissemination of the Notice and (B) Report on Requests for Exclusion and Objections Received to Date (Attachments: #1 Declaration of Eric J. Miller) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
July 13, 2022 Opinion or Order Filing 143 NOTICE of Change of Address by Andrew Szot Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Szot, Andrew)
June 22, 2022 Opinion or Order Filing 142 ORDER PRELIMINARILY APPROVINGCLASS PLAINTIFFS SETTLEMENTS WITH DEFENDANTS Fairness Hearing set for 11/9/2022 at 09:30 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Signed by Judge Edmund A. Sargus on 6/22/2022. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 16, 2022 Opinion or Order Filing 141 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas re (145 in 2:20-cv-03987-EAS-KAJ, 140 in 2:20-cv-03755-EAS-KAJ, 148 in 2:20-cv-03954-EAS-KAJ) Notice (Other), regarding Unopposed MOTION for Order to PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (Attachments: #1 Declaration, #2 Proposed Order Preliminarily Approving Class Plaintiffs' Settlements with Defendants) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
June 15, 2022 Opinion or Order Filing 140 NOTICE by Plaintiff Jacob Smith re (139 in 2:20-cv-03755-EAS-KAJ) Unopposed MOTION for Order to PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (Attachments: #1 Exhibit Declaration Of Dennis E. Murray, Jr., Marvin A. Miller, And James L. Ward, Jr. In Support Of Amended Unopposed Motion For Preliminary Approval Of Settlements, #2 Exhibit Proposed Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
June 10, 2022 Opinion or Order Filing 139 Unopposed MOTION for Order to PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT ( Responses due by 7/1/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit A - Amended Joint Declaration FE Settlement and EH Settlement, #2 Exhibit A - TAB 1 Amended Complaint, #3 Exhibit A - TAB 2 Settlement Agreement, #4 Exhibit A - TAB 3 Motion to Dismiss, #5 Exhibit A - TAB 4 Firm Resumes, #6 Exhibit A - TAB 5 Brief in Opposition, #7 Exhibit B - Young Declaration, #8 Exhibit C - 4 Amended Memo In Support of Preliminary Approval Settlement, #9 Exhibit D - Proposed Preliminary Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
May 13, 2022 Opinion or Order Filing 138 NOTICE by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor of Declaration of Tiffany D. Lipscomb-Jackson regarding Service of Notices of Class Action Settlement pursuant to 28 USC 1715(b) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
May 12, 2022 Opinion or Order Filing 137 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas re (142 in 2:20-cv-03954-EAS-KAJ, 133 in 2:20-cv-03755-EAS-KAJ, 139 in 2:20-cv-03987-EAS-KAJ) Unopposed MOTION for Order to for Preliminary Approval of Class Action Settlement (Attachments: #1 Corrected Exhibit A, Tab 2 Fully Signed Settlement Agreement.pdf) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
May 12, 2022 Opinion or Order Filing 136 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #135 Notice (Other), filed by Cameo Countertops, Inc., Brian Hudock, James Buldas, and Jacob Smith, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #135 as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 5/13/2022. (tla)
May 10, 2022 Opinion or Order Filing 135 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas re (142 in 2:20-cv-03954-EAS-KAJ, 133 in 2:20-cv-03755-EAS-KAJ, 139 in 2:20-cv-03987-EAS-KAJ) Unopposed MOTION for Order to for Preliminary Approval of Class Action Settlement (Attachments: #1 Corrected Exhibit A, Tab 2 Fully Signed Settlement Agreement) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
May 9, 2022 Opinion or Order Filing 134 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8855200) of James L. Ward, Jr.( Responses due by 5/31/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
May 9, 2022 Opinion or Order NOTATION ORDER granting #134 Motion for Leave to Appear Pro Hac Vice of James L. Ward Jr. as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 05/09/2022. (tla)
May 2, 2022 Opinion or Order Filing 133 Unopposed MOTION for Order to for Preliminary Approval of Class Action Settlement ( Responses due by 5/23/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit A; Joint Declaration of Dennis E. Murray, Jr., Marvin A. Miller and James L. Ward, #2 Exhibit A Tab 1 Second Amended Class Action Complaint, #3 Exhibit A Tab 2 Settlement Agreement, #4 Exhibit A Tab 3 Motion to Dismiss, #5 Exhibit A Tab 4 CVs, #6 Exhibit A Tab 5 Opposition to Motion to Dismiss, #7 Exhibit B Declaration of Linda Young, #8 Exhibit C Class Plaintiffs' Memorandum of Law in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement, #9 Exhibit D Proposed Preliminary Approval Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
May 2, 2022 Opinion or Order Filing 132 NOTICE of Appearance by Dennis E Murray, Jr for Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
March 30, 2022 Opinion or Order Filing 131 NOTATION ORDER granting #124 Motion to Withdraw as Attorney. Attorney F. Joseph Warin terminated. Signed by Magistrate Judge Kimberly A. Jolson on 3/30/22. (jr)
March 21, 2022 Opinion or Order Filing 130 REPLY to Response to Motion re (122 in 2:20-cv-03987-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal filed by Defendants Energy Harbor, Energy Harbor, Energy Harbor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Little, Marion)
March 21, 2022 Opinion or Order Filing 129 NOTICE by Plaintiff Jacob Smith re (137 in 2:20-cv-03954-EAS-KAJ, 134 in 2:20-cv-03987-EAS-KAJ, 128 in 2:20-cv-03755-EAS-KAJ) Reply to Response to Motion, Appendix (Attachments: #1 Appendix Excerpts from B. Hudock Dep., #2 Appendix Excerpts from J. Smith Dep.) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
March 18, 2022 Opinion or Order Filing 128 REPLY to Response to Motion re (71 in 2:20-cv-03954-EAS-KAJ, 68 in 2:20-cv-03987-EAS-KAJ, 62 in 2:20-cv-03755-EAS-KAJ) MOTION to Certify Class filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
March 11, 2022 Opinion or Order Filing 127 NOTATION ORDER granting #126 Unopposed MOTION for Extension of Time to File Reply as to #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. Replies due by 3/21/2022. Signed by Magistrate Judge Kimberly A. Jolson on 3/11/22. (jr)
March 10, 2022 Opinion or Order Filing 126 Unopposed MOTION for Extension of Time to File Response/Reply as to (118 in 2:20-cv-03755-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal New date requested 3/21/2022. ( Responses due by 3/31/2022) by Defendants Energy Harbor, Energy Harbor, Energy Harbor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Little, Marion)
February 25, 2022 Opinion or Order Filing 125 RESPONSE in Opposition re (125 in 2:20-cv-03954-EAS-KAJ, 118 in 2:20-cv-03755-EAS-KAJ, 122 in 2:20-cv-03987-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
February 18, 2022 Opinion or Order Filing 124 MOTION to Withdraw as Attorney F. Joseph Warin by Defendant Charles E. Jones. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
February 16, 2022 Opinion or Order Filing 123 ORDER granting #122 Joint Motion to Stay. The Court stays for thirty (30) days consideration and determination of Plaintiff's Motion for Class Certification, First Energy Defendants' Motion for Judgment on the Pleadings, and Defendant Pearson's Motion to Dismiss the Consolidated Class Action Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 2/16/2022. (kk2)
February 15, 2022 Opinion or Order Filing 122 Joint MOTION to Stay ( Responses due by 3/8/2022) by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
February 11, 2022 Opinion or Order NOTATION ORDER granting #121 Motion for leave to appear pro hac vice of Robert K. Hur as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 2/11/2022. (daf)
February 10, 2022 Opinion or Order Filing 121 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8717959) of Robert K. Hur by Defendant Charles E. Jones. (Attachments: #1 Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
January 27, 2022 Opinion or Order Filing 120 NOTATION ORDER granting (119 in 2:20-cv-03755-EAS-KAJ) Unopposed MOTION for Extension of Time to File Response/Reply as to (118 in 2:20-cv-03755-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. in case 2:20-cv-03755-EAS-KAJ. Response due by 2/25/22. Signed by Magistrate Judge Kimberly A. Jolson on 1/27/22. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
January 27, 2022 Opinion or Order Set/Reset Deadlines as to (118 in 2:20-cv-03755-EAS-KAJ, 125 in 2:20-cv-03954-EAS-KAJ, 122 in 2:20-cv-03987-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal. Responses due by 2/25/2022 Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
January 26, 2022 Opinion or Order Filing 119 Unopposed MOTION for Extension of Time to File Response/Reply as to (118 in 2:20-cv-03755-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal New date requested 2/25/2022. ( Responses due by 2/16/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
January 18, 2022 Opinion or Order Filing 118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rule 12(B)(1) And 12(B)(6) Motion Of Defendant FirstEnergy Solutions Corp. n/k/a Energy Harbor Corp. For An Order Of Dismissal ( Responses due by 2/8/2022) by Defendants Energy Harbor, Energy Harbor, Energy Harbor. (Attachments: #1 Exhibit 1 - House Bill 128, as Enacted, #2 Exhibit 2 - Chart, #3 Exhibit 3 - Chart, #4 Exhibit 4 - Chart, #5 Exhibit 5 - House Resolution 69, as Enacted) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Little, Marion)
January 4, 2022 Opinion or Order Filing 117 NOTICE by Defendant Energy Harbor of Consent to Plead Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Little, Marion)
January 3, 2022 Opinion or Order NOTATION ORDER granting #116 Motion for leave to appear pro hac vice of George A. Stamboulidis as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 1/3/2022. (daf)
December 31, 2021 Opinion or Order Filing 116 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8655246) of George A. Stamboulidis by Defendant Charles E. Jones. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
December 29, 2021 Opinion or Order Filing 115 ORDER granting (114) Plaintiffs, Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, and K. Jon Taylor (FirstEnergy Defendants), and Defendant James F. Pearsons Joint Motion to Stay. (ECF No. 117 in Case No. 2:20-cv-3987 ); (ECF No. 120 in Case No. 2:20-cv-3954); and (ECF No. 114 in Case No. 2:20-cv-3755). Signed by Judge Edmund A. Sargus on 12/29/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 28, 2021 Opinion or Order Filing 114 Joint MOTION to Stay ( Responses due by 1/18/2022) by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 23, 2021 Opinion or Order Filing 113 REPLY to Response to Motion re (97 in 2:20-cv-03954-EAS-KAJ, 94 in 2:20-cv-03987-EAS-KAJ, 91 in 2:20-cv-03755-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant James F. Pearson. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Katsiff, Timothy)
December 20, 2021 Opinion or Order Filing 112 ORDER granting #101 Motion to Withdraw One Named Plaintiff. James Buldas is terminated as a Plaintiff. Signed by Magistrate Judge Kimberly A. Jolson on 12/20/2021. (kk2)
December 19, 2021 Opinion or Order Filing 111 NOTICE by Defendants Michael J Dowling, Charles E. Jones, Michael J. Dowling, Charles E. Jones, Charles E. Jones, Michael J. Dowling Moving Defendants' Joinder In FirstEnergy Defendants' Reply Memorandum In Support of Motion For Judgment On The Pleadings Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Favret, John)
December 17, 2021 Opinion or Order Filing 110 REPLY to Response to Motion re (90 in 2:20-cv-03987-EAS-KAJ, 93 in 2:20-cv-03954-EAS-KAJ, 87 in 2:20-cv-03755-EAS-KAJ) MOTION for Judgment on the Pleadings filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 14, 2021 Opinion or Order Filing 109 RESPONSE in Opposition re (71 in 2:20-cv-03954-EAS-KAJ, 68 in 2:20-cv-03987-EAS-KAJ, 62 in 2:20-cv-03755-EAS-KAJ) MOTION to Certify Class filed by Defendants Michael Dowling, Michael J Dowling, Charles E. Jones, Michael J. Dowling, Michael Dowling, Charles E. Jones, Charles E. Jones, Michael Dowling, Michael J. Dowling. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (McCaffrey, John)
December 14, 2021 Opinion or Order Filing 108 RESPONSE in Opposition re (71 in 2:20-cv-03954-EAS-KAJ, 68 in 2:20-cv-03987-EAS-KAJ, 62 in 2:20-cv-03755-EAS-KAJ) MOTION to Certify Class filed by Defendant James F. Pearson. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Katsiff, Timothy)
December 14, 2021 Opinion or Order Filing 107 RESPONSE in Opposition re (71 in 2:20-cv-03954-EAS-KAJ, 68 in 2:20-cv-03987-EAS-KAJ, 62 in 2:20-cv-03755-EAS-KAJ) MOTION to Certify Class filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Exhibit Declaration of Michael R. Gladman in Support of FirstEnergy Defendants' Brief in Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit A (Hudock Deposition Excerpts), #3 Exhibit B (Expert Report of Dr. James Sweeney, #4 Exhibit C (Smith Deposition Excerpts), #5 Exhibit D (Buldas Deposition Excerpts), #6 Exhibit E (Cameo Deposition Excerpts)) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 13, 2021 Opinion or Order Filing 106 RESPONSE in Opposition re (97 in 2:20-cv-03954-EAS-KAJ, 94 in 2:20-cv-03987-EAS-KAJ, 91 in 2:20-cv-03755-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
December 13, 2021 Opinion or Order Filing 105 ORDER granting #104 Motion for Leave to Appear Pro Hac Vice of Jason R. Meltzer. PHV Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Kimberly A. Jolson on 12/13/2021. (er)
December 10, 2021 Opinion or Order Filing 104 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8632960) of Jason R. Meltzer by Defendant Charles E. Jones. (Attachments: #1 Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
December 10, 2021 Opinion or Order Filing 103 NOTICE of Withdrawal of Counsel Christopher W.H. Sullivan by Defendant Charles E. Jones. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole) Modified text and termed motion on 12/13/2021 (er)
December 10, 2021 Opinion or Order Filing 102 RESPONSE in Opposition re (90 in 2:20-cv-03987-EAS-KAJ, 93 in 2:20-cv-03954-EAS-KAJ, 87 in 2:20-cv-03755-EAS-KAJ) MOTION for Judgment on the Pleadings filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit Declaration of Dennis E. Murray, Jr.) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
December 10, 2021 Opinion or Order Filing 101 MOTION to Withdraw One Named Plaintiff ( Responses due by 1/3/2022) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
December 3, 2021 Opinion or Order Filing 100 NOTICE of Appearance by Stuart G Parsell for Defendants Energy Harbor, Energy Harbor, Energy Harbor Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Parsell, Stuart)
December 2, 2021 Opinion or Order Filing 99 DEMAND for Trial by Jury by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 2, 2021 Opinion or Order Filing 98 ORDER denying (101 in 2:20-cv-03954-EAS-KAJ, 98 in 2:20-cv-03987-EAS-KAJ) MOTION to Vacate (89 in 2:20-cv-03755-EAS-KAJ) Order and Scheduling A Status Conference in case 2:20-cv-03954-EAS-KAJ; denying (101 in 2:20-cv-03954-EAS-KAJ, 98 in 2:20-cv-03987-EAS-KAJ) MOTION to Vacate (89 in 2:20-cv-03755-EAS-KAJ) Order and Scheduling A Status Conference in case 2:20-cv-03987-EAS-KAJ. Signed by Judge Edmund A. Sargus on 12/2/2021.Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (er)
December 2, 2021 Opinion or Order NOTATION ORDER granting #94 Motion for leave to appear pro hac vice of Corey A. Lee as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 12/2/2021. (daf)
December 1, 2021 Opinion or Order Filing 97 MOTION for Order to Set Briefing Schedule on Pending Dispositive Motions ( Responses due by 12/27/2021) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
November 30, 2021 Opinion or Order Filing 96 Corporate Disclosure Statement by Defendant Energy Harbor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Parsell, Stuart)
November 30, 2021 Opinion or Order Filing 95 MOTION to Vacate (89 in 2:20-cv-03755-EAS-KAJ) Order, and Scheduling A Status Conference ( Responses due by 12/27/2021) by Defendants Energy Harbor, Energy Harbor, Energy Harbor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Little, Marion)
November 30, 2021 Opinion or Order Filing 94 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8613466) of Corey A. Lee by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Affirmation, #2 Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
November 24, 2021 Opinion or Order Filing 93 NOTICE by Defendants Michael J Dowling, Charles E. Jones, Michael J. Dowling, Charles E. Jones, Charles E. Jones, Michael J. Dowling re (87 in 2:20-cv-03755-EAS-KAJ) MOTION for Judgment on the Pleadings (Notice of Joinder in FirstEnergy Defendants' Motion for Judgment on the Pleadings) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Favret, John)
November 24, 2021 Opinion or Order Filing 92 ANSWER to #81 Amended Complaint, filed by Michael Dowling. (McCaffrey, John)
November 24, 2021 Opinion or Order Filing 91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant James F. Pearson. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Katsiff, Timothy)
November 24, 2021 Opinion or Order Filing 90 ANSWER to #75 Amended Complaint filed by Charles E. Jones. (Brennan, Terry)
November 23, 2021 Opinion or Order Filing 89 SCHEDULING ORDER. Signed by Judge Edmund A. Sargus on 11/23/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 22, 2021 Opinion or Order Filing 88 WAIVER OF SERVICE Returned Executed. Waiver sent to Energy Harbor on 11/12/2021, answer due 1/11/2022. (Murray, Dennis)
November 19, 2021 Opinion or Order Filing 87 MOTION for Judgment on the Pleadings ( Responses due by 12/10/2021) by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Exhibit Declaration of Michael R. Gladman in Support of FirstEnergy Defendants' Motion, #2 Exhibit A (Application), #3 Exhibit B (Finding and Order), #4 Exhibit C (Tariff Update), #5 Exhibit D (Tariff Update), #6 Exhibit E (Tariff Update), #7 Exhibit F (Finding and Order), #8 Exhibit G (Tariff Update), #9 Exhibit H (Tariff Update), #10 Exhibit I (Tariff Update), #11 Exhibit J (Tariff Update), #12 Exhibit K (Tariff Update), #13 Exhibit L (Tariff Update), #14 Exhibit M (Entry), #15 Exhibit N (Finding and Order), #16 Exhibit O (Finding and Order), #17 Exhibit P (Entry), #18 Exhibit Q (Tariff Update), #19 Exhibit R (Tariff Update), #20 Exhibit S (Tariff Update), #21 Exhibit T (Finding and Order), #22 Exhibit U (Tariff Update), #23 Exhibit V (Tariff Update), #24 Exhibit W (Tariff Update), #25 Exhibit X (Rates and Tariffs), #26 Exhibit Y (Rates and Tariffs), #27 Exhibit Z (Rates and Tariffs), #28 Exhibit AA (Discovery), #29 Text of Proposed Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
November 19, 2021 Opinion or Order Filing 86 OPINION AND ORDER -GRANTS Defendants Motions for Reconsideration: ECF Nos. 81, 82, 83 in Case No. 2:20-cv-3987; ECF Nos. 84, 85, 86 in Case No. 2:20-cv-3954 and ECF Nos. 78, 79, 80 in Case No. 2:20-cv-3755.*VACATES the decision granting class certification ECF No. 77 in Case No. 2:20-cv-3987; ECF No. 79 in Case No. 2:20-cv-3954 and ECF No. 73 in Case No. 2:20-cv-3755. Signed by Judge Edmund A. Sargus on 11/19/2021. (cmw)
November 18, 2021 Opinion or Order Filing 85 ANSWER to #75 Amended Complaint filed by Steven E. Strah, K. Jon Taylor. (Gladman, Michael)
November 18, 2021 Opinion or Order Filing 84 ANSWER to #75 Amended Complaint filed by FirstEnergy Corp., FirstEnergy Service Company. (Gladman, Michael)
November 16, 2021 Opinion or Order Filing 83 REPLY to Response to Motion re (78 in 2:20-cv-03755-EAS-KAJ, 81 in 2:20-cv-03987-EAS-KAJ, 84 in 2:20-cv-03954-EAS-KAJ) MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
November 15, 2021 Opinion or Order Filing 82 RESPONSE to Motion re (83 in 2:20-cv-03987-EAS-KAJ, 86 in 2:20-cv-03954-EAS-KAJ, 80 in 2:20-cv-03755-EAS-KAJ) MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, , (79 in 2:20-cv-03755-EAS-KAJ, 85 in 2:20-cv-03954-EAS-KAJ, 82 in 2:20-cv-03987-EAS-KAJ) MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit A - 09-17-2021 Email, #2 Exhibit B - 09-21-21 Email) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
November 12, 2021 Opinion or Order Filing 81 AMENDED COMPLAINT against All Defendants, filed by Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit 1 - Indictment, #2 Exhibit 2 - Criminal Complaint, #3 Exhibit 3 - Deferred Prosecution Agreement)Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
November 12, 2021 Opinion or Order Filing 80 MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, by Defendant James F. Pearson. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Axelrod, David)
November 12, 2021 Opinion or Order Filing 79 MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, ( Responses due by 12/3/2021) by Defendants Michael J Dowling, Charles E. Jones. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Favret, John)
November 12, 2021 Opinion or Order Filing 78 MOTION for Reconsideration re (73 in 2:20-cv-03755-EAS-KAJ) Order on Motion to Certify Class, by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Exhibit Declaration of Michael R. Gladman in Support of FirstEnergy Defendants' Motion to Reconsider or Vacate Order Granting Motion to Certify Class, #2 Exhibit Exhibit A - September 2021 Email Chain) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
November 12, 2021 Opinion or Order Filing 77 CLERK'S NOTICE of NON-ISSUANCE OF SUMMONS re #76 Request for Issuance of Summons. (er)
November 11, 2021 Opinion or Order Filing 76 REQUEST for Issuance of Summons. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
November 10, 2021 Opinion or Order Filing 75 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT with Jury Demand against All Defendants filed by Jacob Smith, Cameo Countertops, Inc., Brian Hudock. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (kk2)
November 10, 2021 Opinion or Order Filing 74 OPINION AND ORDER granting #69 Motion to Amend Consolidated Class Action Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 11/10/2021. (kk2)
November 9, 2021 Opinion or Order Filing 73 OPINION AND ORDER granting (71) Motion to Certify Class in case 2:20-cv-03954-EAS-KAJ; granting (68) Motion to Certify Class in case 2:20-cv-03987-EAS-KAJ; (62) Motion to Certify Class in 2:20-cv-03755. Signed by Judge Edmund A. Sargus on 11/9/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (er)
October 28, 2021 Opinion or Order Filing 72 REPLY to Response to Motion re (69 in 2:20-cv-03755-EAS-KAJ, 72 in 2:20-cv-03987-EAS-KAJ, 75 in 2:20-cv-03954-EAS-KAJ) MOTION to Amend/Correct Consolidated Class Action Complaint filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 18, 2021 Opinion or Order Filing 71 RESPONSE to Motion re ( #69 in 2:20-cv-03755-EAS-KAJ, 72 in 2:20-cv-03987-EAS-KAJ, 75 in 2:20-cv-03954-EAS-KAJ) MOTION to Amend/Correct Consolidated Class Action Complaint filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael) Modified text on 10/19/2021 (daf).
October 7, 2021 Opinion or Order Filing 70 NOTICE by Plaintiffs Jacob Smith, Brian Hudock, James Buldas Notice of Issuance of Document Subpoenas (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Szot, Andrew)
September 27, 2021 Opinion or Order Filing 69 MOTION to Amend/Correct Consolidated Class Action Complaint ( Responses due by 10/18/2021) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit A - Plaintiffs' proposed Consolidated Amended Complaint, #2 Exhibit B - Redlined changes to Consolidated Complaint in the Consolidated Amended Complaint) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
August 24, 2021 Opinion or Order NOTATION ORDER granting #66 , #67 and #68 Motions for leave to appear pro hac vice of Timothy D. Katsiff, David L. Axelrod, and Emilia McKee Vassallo as Co-Counsels. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 8/24/2021. (daf)
August 20, 2021 Opinion or Order Filing 68 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8459737) of Emilia McKee Vassallo by Defendant James F. Pearson. (Attachments: #1 Exhibit Certificate of Good Standing) (Teaberry, Jeremy)
August 20, 2021 Opinion or Order Filing 67 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8459732) of David L. Axelrod by Defendant James F. Pearson. (Attachments: #1 Exhibit Certificate of Good Standing) (Teaberry, Jeremy)
August 20, 2021 Opinion or Order Filing 66 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8459721) of Timothy D. Katsiff by Defendant James F. Pearson. (Attachments: #1 Exhibit Certificate of Good Standing) (Teaberry, Jeremy)
August 19, 2021 Opinion or Order Filing 65 NOTICE of Substitution of Counsel - Jeremy R. Teaberry substituting for Michael Gladman to represent Defendant James F. Pearson. (Attachments: #1 Text of Proposed Order Granting Substitution of Counsel) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael) text modified.
July 7, 2021 Opinion or Order Filing 64 NOTATION ORDER granting #63 Motion to Withdraw as Attorney. Attorney Eric J Marcy, I terminated. Signed by Magistrate Judge Kimberly A. Jolson on 7/7/21. (jr)
June 30, 2021 Opinion or Order Filing 63 MOTION to Withdraw as Attorney Pro Hac Vice ( Responses due by 7/21/2021) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Marcy, Eric)
June 28, 2021 Opinion or Order Filing 62 MOTION to Certify Class ( Responses due by 7/19/2021) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit 1 Jacob Smith Affidavit, #2 Exhibit 2 Affidavit of Hudock, #3 Exhibit 3 Affidavit of Dr. Buldas, #4 Exhibit 4 Murray & Murray CV.pdf, #5 Exhibit 5 Miller Law Firm Resume.pdf, #6 Exhibit 6 Wilentz Law Firm, #7 Exhibit 7 Kerger Law Resume.pdf, #8 Memorandum of Law in Support of Motion for Class Certification, #9 Exhibit 1 to Memo - Chart) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
June 7, 2021 Opinion or Order NOTATION ORDER granting #61 Motion for leave to appear pro hac vice of Eric J. Marcy as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 6/7/2021. (daf)
June 4, 2021 Opinion or Order Filing 61 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8347429) of Eric J. Marcy( Responses due by 6/25/2021) by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Kerger, Richard)
May 14, 2021 Opinion or Order Filing 60 ORDER Pursuant to Fed. R. Evid. 502(d). Signed by Magistrate Judge Kimberly A. Jolson on 5/14/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (kk2)
May 14, 2021 Opinion or Order Filing 59 PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 5/14/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (kk2)
May 14, 2021 Opinion or Order Filing 58 OPINION AND ORDER granting (52) Motion for Protective Order; granting (53) Motion for Entry of Order Pursuant to Federal Rule of Evidence 502(d) in case 2:20-cv-03755-EAS-KAJ; granting (61) Motion for Protective Order; granting (62) Motion for Entry of Order Pursuant to Federal Rule of Evidence 502(d) in case 2:20-cv-03954-EAS-KAJ; granting (58) Motion for Protective Order; granting (59) Motion for Entry of Order Pursuant to Federal Rule of Evidence 502(d) in case 2:20-cv-03987-EAS-KAJ. Signed by Magistrate Judge Kimberly A. Jolson on 5/14/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (kk2)
May 13, 2021 Opinion or Order Filing 57 ORDER granting (14) Motion for Appointment of Interim Class Counsel. The Court hereby appoints attorneys Marvin A. Miller and Dennis E. Murray, Jr. as interim co-lead class counsel pursuant to Fed. R. Civ. P. 23(g). Signed by Judge Edmund A. Sargus on 5/13/21. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (sem)
April 28, 2021 Opinion or Order Filing 56 RESPONSE in Opposition re (52 in 2:20-cv-03755-EAS-KAJ, 61 in 2:20-cv-03954-EAS-KAJ, 58 in 2:20-cv-03987-EAS-KAJ) MOTION for Protective Order filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit Ex. 1 Declaration of Kevin P. Roddy with Exhibits in Support of Plaintiffs' Opposition to Defendants' Motion for Protective Order, #2 Exhibit Ex. A FirstEnergy Defendants' Rule 26(a)(1) Initial Disclosures, #3 Exhibit Ex. B E-mail messages between Plaintiffs' counsel and Defendants' counsel, #4 Exhibit Ex. C. Defendants FirstEnergy Corp. and FirstEnergy Service Company's Responses and Objections to Plaintiffs' First Set of Interrogatories, Requests for Production, and Requests for Admission Specific to Class Action Issues, #5 Exhibit Ex. D Charles E. Jones' Responses to Plaintiffs' First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission Specific to Class Action Issues, #6 Exhibit Ex. E Michael J. Dowling's Responses and Objections to Plaintiffs' First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission Specific to Class Action Issues, #7 Exhibit Ex. F E-mail messages between Plaintiffs' counsel and Defendants' counsel, #8 Exhibit Ex. G Defendants' Proposed Protective Order (redlined version)) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Margaret)
April 23, 2021 Opinion or Order Filing 55 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas of Letter Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
April 22, 2021 Opinion or Order Filing 54 NOTATION ORDER - Breifing on the Motion for Protective Order (52 in 2:20-cv-03755-EAS-KAJ, 61 in 2:20-cv-03954-EAS-KAJ, 58 in 2:20-cv-03987-EAS-KAJ) and Motion for Entry of Order Pursuant to Federal Rule of Evidence 502(d) (53 in 2:20-cv-03755-EAS-KAJ, 62 in 2:20-cv-03954-EAS-KAJ, 59 in 2:20-cv-03987-EAS-KAJ) is EXPEDITED as follows: Response due within 7 days of the date of this Order, no reply is to be filed without leave of Court. Signed by Magistrate Judge Kimberly A. Jolson on 4/22/21. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
April 21, 2021 Opinion or Order Filing 53 MOTION for Entry of Order Pursuant to Federal Rule of Evidence 502(d) ( Responses due by 5/12/2021) by Defendants Michael J Dowling, FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Text of Proposed Order Proposed Rule 502(d) Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
April 21, 2021 Opinion or Order Filing 52 MOTION for Protective Order ( Responses due by 5/12/2021) by Defendants Michael J Dowling, FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Appendix A - Comparison Chart, #2 Text of Proposed Order Proposed Protective Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
March 31, 2021 Opinion or Order Filing 51 AMENDED ANSWER to Plaintiffs' (19 in 2:20-cv-03755-EAS-KAJ) Amended Complaint, by Defendants FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
March 31, 2021 Opinion or Order Filing 50 First Amended ANSWER to #19 Amended Complaint, filed by Michael Dowling, Michael J Dowling. (Favret, John)
March 31, 2021 Opinion or Order NOTATION ORDER granting #48 Motion for leave to appear pro hac vice of Jason J. Mendro as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 3/31/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (daf)
March 30, 2021 Opinion or Order Filing 49 NOTICE by Defendants Michael Dowling, FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor of Joint Protocol for Production of Documents and Electronically Stored Information Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
March 30, 2021 Opinion or Order Filing 48 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8241416) of Jason Mendro by Defendant Charles E. Jones. (Attachments: #1 Exhibit Certificate of Good Service) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
March 12, 2021 Opinion or Order Filing 47 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas of Contingent Rule 30(b)(6) Deposition of FirstEnergy Corp. and FirstEnergy Service Company Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
March 12, 2021 Opinion or Order Filing 46 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas of Service of Plaintiffs First Set of Interrogatories, Requests for Production of Documents and Requests for Admission Specific to Class Action Issues Directed to Defendants FirstEnergy Corp., FirstEnergy Services Co., James F. Pearson, Steven E. Strah, K. Jon Taylor, Charles E. Jones and Michael Dowling Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
March 10, 2021 Opinion or Order Filing 45 ANSWER to #19 Amended Complaint, filed by Michael Dowling. (Favret, John)
March 10, 2021 Opinion or Order Filing 44 ANSWER to #19 Amended Complaint, filed by FirstEnergy Corp., FirstEnergy Service Company. (Gladman, Michael)
March 5, 2021 Opinion or Order Filing 43 SCHEDULING ORDER: Class Certification Motion due by 3/15/2021. Initial Disclosures due by 3/30/2021. Discovery due by 9/1/2021.. Signed by Magistrate Judge Kimberly A. Jolson on 3/5/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (daf)
February 25, 2021 Opinion or Order Filing 42 RULE 26(f) REPORT by Defendants Michael Dowling, FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Exhibit A - Proposed Discovery Plan) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
February 23, 2021 Opinion or Order Filing 41 NOTATION ORDER granting #40 Motion for Extension of Time to Answer. Michael Dowling answer due 3/10/2021; FirstEnergy Corp. answer due 3/10/2021; FirstEnergy Service Company answer due 3/10/2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/23/21. (jr)
February 22, 2021 Opinion or Order Filing 40 Unopposed MOTION for Extension of Time to File Answer New date requested 3/10/2021. by Defendants Michael Dowling, FirstEnergy Corp., FirstEnergy Service Company, Does 1-10, Michael J. Dowling, Michael Dowling, FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor, Charles E. Jones, Does 1-10, Michael Dowling, Michael J. Dowling, FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Rendon, Carole)
February 11, 2021 Opinion or Order Filing 39 OPINION AND ORDER denying 35 in 2:20-cv-3954, 32 in 2:20-cv-3987, 27 in 2:20-cv-3755 Motion to Stay. Revised Rule 26(f) Report due within 14 days. Signed by Magistrate Judge Kimberly A. Jolson on 2/11/2021. (ew)
February 10, 2021 Opinion or Order Filing 38 OPINION AND ORDER denying (25) Motion to Dismiss for Failure to State a Claim in case 2:20-cv-03755-EAS-KAJ; denying (33) Motion to Dismiss for Failure to State a Claim in case 2:20-cv-03954-EAS-KAJ; denying (30) Motion to Dismiss for Failure to State a Claim in case 2:20-cv-03987-EAS-KAJ. Signed by Judge Edmund A. Sargus on 2/10/2021. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (cmw)
January 25, 2021 Opinion or Order Filing 37 NOTICE by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
January 4, 2021 Opinion or Order Filing 36 BRIEF by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Chief Judge Marbley's Opinion & Order) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
December 23, 2020 Opinion or Order Filing 35 NOTICE by Defendants FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor of Supplemental Authority (Attachments: #1 Exhibit Court Order, #2 Exhibit Motion for Preliminary Injunction) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 21, 2020 Opinion or Order Filing 34 NOTATION ORDER - Today, a Franklin County judge preliminarily enjoined the collection or distribution of fees associated with House Bill 6. The parties are ORDERED to submit simultaneous letter briefs, addressing how, if at all, this ruling affects Defendants Motion to Stay (Doc. #27 ). The parties shall submit their letter briefs, which are not to exceed five single-spaced pages, to the Undersigned's chambers, jolson_chambers@ohsd.uscourts.gov, within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 12/21/20. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
December 11, 2020 Opinion or Order Filing 33 REPLY to Response to Motion re (35 in 2:20-cv-03954-EAS-KAJ, 27 in 2:20-cv-03755-EAS-KAJ, 32 in 2:20-cv-03987-EAS-KAJ) MOTION to Stay Discovery filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Michael J. Dowling, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 10, 2020 Opinion or Order Filing 32 REPLY to Response to Motion re (25 in 2:20-cv-03755-EAS-KAJ, 30 in 2:20-cv-03987-EAS-KAJ, 33 in 2:20-cv-03954-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants FirstEnergy Corp., FirstEnergy Service Company, Michael Dowling, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
December 8, 2020 Opinion or Order Filing 31 NOTATION ORDER - oGiven Defendants' recent Motion to Stay (Doc. #27 ), the parties were unable to agree on discovery and related deadlines in their Rule 26(f) Report. The Court will defer resolving these issues pending the resolution of Defendants' Motion, and, if appropriate, schedule a telephonic conference to discuss case management. Signed by Magistrate Judge Kimberly A. Jolson on 12/8/20. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
December 7, 2020 Opinion or Order Filing 30 RULE 26(f) REPORT by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit A-Plaintiffs' Proposed Order Regarding Discovery Protocols, #2 Plaintiffs' Proposed Pretrial Discovery Plan) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
December 4, 2020 Opinion or Order Filing 29 RESPONSE in Opposition re (35 in 2:20-cv-03954-EAS-KAJ, 27 in 2:20-cv-03755-EAS-KAJ, 32 in 2:20-cv-03987-EAS-KAJ) MOTION to Stay Discovery filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
November 25, 2020 Opinion or Order Filing 28 NOTATION ORDER - Briefing on Defendants' Motion to Stay (Doc. #27 ) is hereby expedited. Plaintiff shall file his response within fourteen (14) days of the date of this Order, and Defendants shall file their reply brief within seven (7) days of Plaintiff's response. Signed by Magistrate Judge Kimberly A. Jolson on 11/25/20. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (jr)
November 24, 2020 Opinion or Order Filing 27 MOTION to Stay Discovery by Defendants FirstEnergy Corp., FirstEnergy Service Company, Michael J. Dowling, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
November 24, 2020 Opinion or Order Filing 26 RESPONSE to Motion re (25 in 2:20-cv-03755-EAS-KAJ, 30 in 2:20-cv-03987-EAS-KAJ, 33 in 2:20-cv-03954-EAS-KAJ) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 21, 2020 Opinion or Order Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants FirstEnergy Corp., FirstEnergy Service Company, Charles E. Jones, James F. Pearson, Steven E. Strah, K. Jon Taylor, Michael J. Dowling. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
October 19, 2020 Opinion or Order Filing 24 NOTICE of Appearance by Tiffany D. Lipscomb-Jackson for Defendants FirstEnergy Corp., FirstEnergy Service Company, FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor, FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Lipscomb-Jackson, Tiffany)
October 15, 2020 Opinion or Order Filing 23 ORDER granting (22) in case 2:20-cv-03755-EAS-KAJ; (30) in case 2:20-cv-03954-EAS-KAJ; (27) in case 2:20-cv-03987-EAS-KAJ Motion Regarding Proposed Schedule. Defendants shall have until October 26, 2020 to respond to the consolidated complaint; Plaintiffs shall file their opposition to any motion to dismiss by November 25, 2020, and Defendants shall file their reply brief by December 10, 2020. The parties are ORDERED to meet and confer to develop a detailed plan for discovery, which shall be submitted in addition to the parties' Rule 26(f) Report. Signed by Magistrate Judge Kimberly A. Jolson on 10/15/2020. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (kk2)
October 15, 2020 Opinion or Order Set/Reset Deadlines: All Defendants answers due 10/26/2020 (kk2)
October 13, 2020 Opinion or Order Filing 22 Joint MOTION for Extension of Time New date requested 10/26/2020. by Defendants FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
October 9, 2020 Opinion or Order Filing 21 NOTICE of Appearance by John A Favret, III for Defendants Michael Dowling, Michael J. Dowling, Michael Dowling, Michael Dowling, Michael J. Dowling Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Favret, John)
October 9, 2020 Opinion or Order Filing 20 NOTICE of Appearance by John F McCaffrey for Defendants Michael Dowling, Michael J. Dowling, Michael Dowling, Michael Dowling, Michael J. Dowling Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (McCaffrey, John)
October 8, 2020 Opinion or Order NOTATION ORDER: The Motions for Admission Pro Hac Vice of Yaakov Roth and Margaret M. Dengler are GRANTED . By Magistrate Judge Kimberly A. Jolson on 10/8/2020. (daf)
October 7, 2020 Opinion or Order Filing 19 AMENDED COMPLAINT against All Defendants, filed by Jacob Smith, Cameo Countertops, Inc., Brian Hudock, James Buldas. (Attachments: #1 Exhibit 1 - Indictment, #2 Exhibit 2 - Criminal Complaint)Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Murray, Dennis)
October 6, 2020 Opinion or Order Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7692375) of Margaret M. Dengler by Defendants FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Certificate of Good Standing, #2 Affirmation) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
October 6, 2020 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7692256) of Jacob M. Roth by Defendants FirstEnergy Corp., FirstEnergy Service Company, James F. Pearson, Steven E. Strah, K. Jon Taylor. (Attachments: #1 Certificate of Good Standing) Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (Gladman, Michael)
September 29, 2020 Opinion or Order Filing 16 ORDER granting (13) Motion to Consolidate Cases in case 2:20-cv-03755-EAS-KAJ; granting (9) Motion to Consolidate Cases in case 2:20-cv-03954-EAS-KAJ; granting (15) Motion to Consolidate Cases in case 2:20-cv-03987-EAS-KAJ. Signed by Judge Edmund A. Sargus on 9/28/2020. Associated Cases: 2:20-cv-03755-EAS-KAJ, 2:20-cv-03954-EAS-KAJ, 2:20-cv-03987-EAS-KAJ (cmw)
September 21, 2020 Opinion or Order Set/Reset Deadlines: FirstEnergy Corp. answer due 10/12/2020; FirstEnergy Service Company answer due 10/12/2020. (daf)
September 18, 2020 Opinion or Order Filing 15 STIPULATION for Extension of Time to Answer, Move, Plead, or Otherwise Respond to Complaint by Defendants FirstEnergy Corp., FirstEnergy Service Company. (Gladman, Michael)
September 8, 2020 Opinion or Order Filing 14 MOTION for Order to Motion Appoint Interim Co-Lead Counsel by Plaintiff Jacob Smith. (Attachments: #1 Ex. A-Miller Resume, #2 Ex. B-Kerger Resume) (Murray, Dennis)
August 27, 2020 Opinion or Order Filing 13 Joint MOTION to Consolidate Cases by Plaintiffs and by Defendants FirstEnergy Corp., FirstEnergy Service Company. (Attachments: #1 Text of Proposed Order) (Gladman, Michael)
August 27, 2020 Opinion or Order Filing 12 Corporate Disclosure Statement by Defendants FirstEnergy Service Company, FirstEnergy Corp. identifying Corporate Parent FirstEnergy Corp. for FirstEnergy Service Company.. (Attachments: #1 Exhibit Addendum) (Gladman, Michael)
August 27, 2020 Opinion or Order Filing 11 Corporate Disclosure Statement by Defendant FirstEnergy Corp.. (Attachments: #1 Exhibit Addendum) (Gladman, Michael)
August 27, 2020 Opinion or Order Filing 10 NOTICE of Appearance by Michael R Gladman for Defendants FirstEnergy Corp., FirstEnergy Service Company (Gladman, Michael)
August 25, 2020 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed. Waiver sent to FirstEnergy Service Company on 7/27/2020, answer due 9/25/2020. (Murray, Dennis)
August 25, 2020 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed. Waiver sent to FirstEnergy Corp. on 7/27/2020, answer due 9/25/2020. (Murray, Dennis)
August 24, 2020 Opinion or Order Filing 7 NOTICE of Appearance by William H. Bartle for Plaintiff Jacob Smith (Bartle, William)
August 19, 2020 Opinion or Order Filing 6 AMENDED RELATED CASE MEMORANDUM ORDER: 1:20-cr-77 will remain assigned to Judge Black. 2:20-cv-3785 will remain assigned to Chief Judge Marbley. All other cases listed on this memo should be transferred to the docket of Judge Sargus. (ew) (Main Document 5 replaced on 8/19/2020) (ew).
August 18, 2020 Opinion or Order Filing 5 RELATED CASE MEMORANDUM ORDER re 2:20-cv-3954, 2:20-cv-3987, 1:20-cr-77, 2:20-cv-3785, and 2:20-cv-3755. The judges agree that these cases are related. Cases 2:20-cv-3954 and 2:20-cv-3987 reassigned to Judge Edmund A. Sargus, Jr. and Magistrate Judge Kimberly A. Jolson. Signed by Chief Judge Algenon L. Marbley, Judge Timothy S. Black, Judge Michael H. Watson, and Judge Edmund A. Sargus, Jr. on 8/18/2020. (ew)
July 27, 2020 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against FirstEnergy Corp., FirstEnergy Service Company ( Filing fee $ 400 paid - receipt number: 0648-7573799), filed by Jacob Smith. (Attachments: #1 Civil Cover Sheet) (Murray, Dennis)

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Plaintiff: Jacob Smith
Represented By: Dennis E Murray, Jr
Represented By: Margaret M Murray
Represented By: William H. Bartle
Represented By: Eric J Marcy
Represented By: Eric J Marcy, I
Represented By: James L Ward, Jr.
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Defendant: FirstEnergy Service Company
Represented By: M. Ryan Harmanis
Represented By: Michael R Gladman
Represented By: Yaakov Roth
Represented By: Margaret M Dengler
Represented By: Tiffany D. Lipscomb-Jackson
Represented By: Carole Schwartz Rendon
Represented By: Corey Anthony Lee
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Defendant: FirstEnergy Corp.
Represented By: M. Ryan Harmanis
Represented By: Michael R Gladman
Represented By: Yaakov Roth
Represented By: Margaret M Dengler
Represented By: Tiffany D. Lipscomb-Jackson
Represented By: Carole Schwartz Rendon
Represented By: Corey Anthony Lee
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Defendant: Michael Dowling
Represented By: John F McCaffrey
Represented By: John A Favret, III
Represented By: Carole Schwartz Rendon
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Defendant: K. Jon Taylor
Represented By: Michael R Gladman
Represented By: Yaakov Roth
Represented By: Margaret M Dengler
Represented By: Tiffany D. Lipscomb-Jackson
Represented By: Carole Schwartz Rendon
Represented By: M. Ryan Harmanis
Represented By: Corey Anthony Lee
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Defendant: Charles E. Jones
Represented By: Terry M. Brennan
Represented By: Christopher W.H. Sullivan
Represented By: William Scherman
Represented By: F. Joseph Warin
Represented By: Carole Schwartz Rendon
Represented By: Daniel Rubin Warren
Represented By: Mary Pat Brogan
Represented By: Jason J Mendro
Represented By: Jason R. Meltzer
Represented By: George A. Stamboulidis
Represented By: Robert K. Hur
Represented By: Jason J. Mendro
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Defendant: Michael J Dowling
Represented By: John F McCaffrey
Represented By: John A Favret, III
Represented By: Carole Schwartz Rendon
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Defendant: Steven E. Strah
Represented By: Michael R Gladman
Represented By: Yaakov Roth
Represented By: Margaret M Dengler
Represented By: Tiffany D. Lipscomb-Jackson
Represented By: Carole Schwartz Rendon
Represented By: M. Ryan Harmanis
Represented By: Corey Anthony Lee
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Defendant: James F. Pearson
Represented By: Michael R Gladman
Represented By: Yaakov Roth
Represented By: Margaret M Dengler
Represented By: Tiffany D. Lipscomb-Jackson
Represented By: Carole Schwartz Rendon
Represented By: Jeremy R Teaberry
Represented By: David L. Axelrod
Represented By: Emilia McKee Vassallo
Represented By: M. Ryan Harmanis
Represented By: Timothy D. Katsiff
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Defendant: Energy Harbor
Represented By: Marion H Little
Represented By: Stuart G Parsell
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Defendant: Kent State Univ
Represented By: Charles M. Miller
Represented By: Leandro Martin Cordero
Represented By: Margaret Eastburn O'Shea
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Not classified by court: gugliotta
Represented By: John Gugliotta
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Not classified by court: Ohio Dept of Natural Resources
Represented By: Charles M. Miller
Represented By: Leandro Martin Cordero
Represented By: Margaret Eastburn O'Shea
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Not classified by court: Ohio Dept of Public Safety
Represented By: Leandro Martin Cordero
Represented By: Charles M. Miller
Represented By: Margaret Eastburn O'Shea
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Not classified by court: Univ of Akron
Represented By: Margaret Eastburn O'Shea
Represented By: Leandro Martin Cordero
Represented By: Charles M. Miller
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Not classified by court: Grace M. Cannata
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