Webster v. Kesterson
Plaintiff: Gail A. Webster
Defendant: Robert Kesterson, Robert Kesterson doing business as NAVIS Pack & Ship #14004OH and RTK Enterprises of Columbus LLC
Case Number: 2:2022cv03708
Filed: October 17, 2022
Court: US District Court for the Southern District of Ohio
Presiding Judge: Elizabeth Preston Deavers
Referring Judge: Sarah D Morrison
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2022 Filing 16 RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO RULE 12(B)(6) OF DEFENDANT RTK ENTERPRISES OF COLUMBUS, LLC filed by Plaintiff Gail A. Webster. (Young, Elliott) Modified text on 12/12/2022 (kk2)
November 18, 2022 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant RTK Enterprises of Columbus LLC. (Attachments: #1 Supplement Memo in Support, #2 Text of Proposed Order Proposed Order) (Salisbury, Russell)
November 17, 2022 Opinion or Order Filing 14 PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 1/2/2023. Motions to Amend due by 1/2/2023. Initial Disclosures due by 12/9/2022. Discovery due by 5/31/2023. Dispositive motions due by 9/5/2023. Primary Expert due by 7/3/2023. Rebuttal Expert due by 8/2/2023. Settlement Demand due by 5/31/2023. Response to Settlement Demand due by 6/14/2023. Mediation Deadline: 6/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on November 17, 2022. (jlk)
November 17, 2022 Filing 13 AMENDED DOCUMENT re #11 AMENDED RULE 26(F) REPORT by Plaintiff Gail A. Webster. (Sarnowski, Phillip) Modified on 11/18/2022 to add document link (kk2)
November 17, 2022 Filing 12 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #11 Amended Rule 26(f) Report filed by Gail A. Webster, 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 all of docket entry #11 as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 11/18/2022. (kk2)
November 17, 2022 NOTICE: The PPTC set for 11/22/2022 is VACATED. (See ECF No. #11 .) (sln)
November 16, 2022 Filing 11 **Filing is non-compliant with LR 5.1(c). See ECF No. #13 for corrected document** -RULE 26(f) REPORT Amended by Plaintiff Gail A. Webster. (Sarnowski, Phillip) Modified text on 11/18/2022 (kk2)
November 15, 2022 Filing 10 RULE 26(f) REPORT by Plaintiff Gail A. Webster. (Sarnowski, Phillip)
November 10, 2022 Filing 9 State Court Record from Franklin County Court of Common Pleas. (Attachments: #1 Part A of State Court Record, #2 Part B of State Court Record, #3 Part C of State Court Record, #4 Envelope) (er)
November 8, 2022 Filing 8 AMENDED COMPLAINT FOR BREACH OF CONTRACT, BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, FRAUD, AND VIOLATION OF OHIO'S DECEPTIVE TRADE PRACTICES ACT against Robert Kesterson, RTK Enterprises of Columbus LLC, filed by Gail A. Webster. (Sarnowski, Phillip)
November 8, 2022 Filing 7 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #6 Amended Complaint filed in Franklin County Common Pleas Court by Gail A. Webster, 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 all of docket #6 Amended Complaint (including all attachments) as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 11/9/2022. (kk2)
November 7, 2022 Filing 6 **Filing is non-compliant with LR 5.1(c). See ECF No. #8 for corrected document** - AMENDED COMPLAINT FOR BREACH OF CONTRACT, BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, FRAUD, AND VIOLATION OF OHIO'S DECEPTIVE TRADE PRACTICES ACT against Robert Kesterson and RTK Enterprises of Columbus LLC filed in Franklin County Common Pleas Court by Gail A. Webster. (Sarnowski, Phillip) Modified on 11/8/2022 to correct text and parties (kk2) Modified on 11/9/2022 (kk2)
October 24, 2022 Set/Reset Deadlines: Robert Kesterson answer due 11/11/2022 per #5 (Stipulation) (kk2)
October 21, 2022 Filing 5 STIPULATION Joint Stipulation of Extension of Time to Move or Plead by Plaintiff Gail A. Webster. (Sarnowski, Phillip)
October 20, 2022 Filing 4 NOTICE of Hearing:Preliminary Pretrial Conference set for 11/22/2022 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
October 18, 2022 Filing 3 Copy of COMPLAINT with JURY DEMAND against Robert Kesterson, filed by Gail A. Webster. (Attachments: #1 Exhibits 1A-1B, #2 Exhibits 1C-1D, #3 Exhibit 2) (Originally filed in Franklin County Common Pleas Court on 9/12/22) tla) Modified on 10/24/2022 (pb).
October 17, 2022 Filing 2 NOTICE by Defendant Robert Kesterson of Interested Parties (Salisbury, Russell)
October 17, 2022 Filing 1 NOTICE OF REMOVAL from Franklin County Court of Common Pleas, case number 22CV006309 ( Filing fee $ 402 paid - receipt number: AOHSDC-9092873), filed by Robert Kesterson. (Attachments: #1 Civil Cover Sheet Civil Coversheet, #2 Supplemental Civil Cover Sheet Supplemental Cover Sheet, #3 Exhibit Complaint, #4 Exhibit Pleadings) (Salisbury, Russell)

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Plaintiff: Gail A. Webster
Represented By: Elliott Mark Young
Represented By: Phillip Michael Sarnowski
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Defendant: Robert Kesterson
Represented By: Russell Morgan Salisbury
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Defendant: Robert Kesterson doing business as NAVIS Pack & Ship #14004OH
Represented By: Russell Morgan Salisbury
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Defendant: RTK Enterprises of Columbus LLC
Represented By: Russell Morgan Salisbury
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