Applegarth v. Power Home Solar, LLC et al
| Nick Applegarth |
| Power Home Solar, LLC, Jayson Waller, Digital Federal Credit Union, Trivest Partners, L.P., Paul Grysiuk and Jake Hines |
| 2:2024cv01309 |
| March 21, 2024 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Edmund A Sargus |
| Chelsey M Vascura |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 Rule 7.1(a)(2) Disclosure Statement by Defendant Trivest Partners, L.P.. (Cook, Nora) |
| Filing 30 Rule 7.1(a)(2) Disclosure Statement by Plaintiff Nick Applegarth. (Roth, Stacie) |
| Filing 29 Rule 7.1(a)(2) Disclosure Statement by Defendant Power Home Solar, LLC. (Attachments: #1 Supplement) (Price, Drew) |
| Filing 28 STIPULATION Leave to Move or Plead by Defendant Power Home Solar, LLC. (Price, Drew) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Digital Federal Credit Union. (Weigand, Stephen) |
| Filing 26 Rule 7.1(a)(2) Disclosure Statement by Defendant Jayson Waller. (Lewis, Patrick) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Defendant Jayson Waller. (Lewis, Patrick) |
| Filing 24 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Trivest Partners, L.P.. (Covey, Trevor) |
| Filing 23 Rule 7.1(a)(2) Disclosure Statement by Defendant Digital Federal Credit Union. (Weigand, Stephen) |
| Filing 22 Corporate Disclosure Statement by Defendant Digital Federal Credit Union. (Palmer, Jason) |
Filing 21
ORDER: Because this Court's jurisdiction over this case is based upon diversity of citizenship under 28 U.S.C. 1332, Federal Rule of Civil Procedure 7.1(a)(2) required that all parties file a citizenship disclosure statement with their first filings. All parties who have appeared in this action are therefore ORDERED to file, within 10 DAYS of the date of this Order, the required disclosure statement identifying the citizenship of every individual or entity whose citizenship is attributed to it at the time the case was removed, including its corporate relationships and the citizenship of each member of its limited liability company. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/7/2024. (vb)
|
| Set Deadline: Citizenship disclosure statements-All parties due by 5/17/2024. (vb) |
| Filing 20 MOTION for Joinder in Co-Defendant Jayson Waller's Oppositions to Plaintiff's Motion to Remand #17 and Motion to Stay Briefing #18 by Defendant Trivest Partners, L.P.. (Covey, Trevor) |
| Filing 19 NOTICE by Defendant Digital Federal Credit Union Defendant Digital Federal Credit Union's Limited Joinder in Defendant Jayson Waller's Opposition to Plaintiff's Motion to Remand (Weigand, Stephen) |
| Filing 18 RESPONSE in Opposition re #11 MOTION to Stay Briefing on Pending Motions to Dismiss filed by Defendant Jayson Waller. (Lewis, Patrick) |
| Filing 17 RESPONSE in Opposition re #10 MOTION to Remand filed by Defendant Jayson Waller. (Lewis, Patrick) |
|
Filing 16
ORDER granting re #15 MOTION for Extension of Time to File Answer by Defendant Power Home Solar LLC. This motion fails to comply with Local Civil Rule 7.3. Despite this deficiency Defendant's Motion is GRANTED. Defendant may have until 5/13/2024, to Answer or otherwise respond to Plaintiff's claims. Defendant is ADVISED that any future motions failing to comply with the Court's Local Civil Rules will be denied. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/15/2024. (vb)
|
| Filing 15 MOTION for Extension of Time to File Answer New date requested 5/13/2024. by Defendant Power Home Solar, LLC. (Price, Drew) |
|
Filing 14
ORDER granting #13 Joint Motion of Plaintiff and Defendants Trivest Partners, LP, Digital Federal Credit Union, and Jayson Waller to set Briefing Schedule on Amended Complaint and Certain Motions. Defendants may have until MAY 10, 2024, to move, answer, or respond to the Amended Complaint. Plaintiff may have until JUNE 10, 2024, to respond to any motion filed by Defendants in response to the Amended Complaint and Defendants may reply per rule. Defendants may have until MAY 3, 2024, to respond to Plaintiffs motion for remand and Plaintiff may have until MAY 24, 2024, to file any reply. Defendants may have until MAY 3, 2024, to respond to Plaintiffs motion to stay briefing and Plaintiff may have until MAY 24, 2024, to file any reply.. Signed by Magistrate Judge Elizabeth Preston Deavers on April 12, 2024. (jlk)
|
| Set/Reset Deadlines as to #10 MOTION to Remand , #11 MOTION to Stay Briefing on Pending Motions to Dismiss., Set/Reset Deadlines: All Defendants. Responses due by 5/3/2024 Replies due by 5/24/2024. (jlk) |
| Filing 13 Joint MOTION re #9 Amended Complaint, #11 MOTION to Stay Briefing on Pending Motions to Dismiss, #10 MOTION to Remand Joint Motion to Set Briefing Schedule on Amended Complaint, Motion for Remand, and Motion to Stay Briefing by Defendant Jayson Waller. (Attachments: #1 Text of Proposed Order Proposed Order) (Lewis, Patrick) |
|
Filing 12
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:22-cv-2930 ARE related. Case reassigned to Chief Judge Algenon L. Marbley and Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Chief Judge Algenon L. Marbley and Judge Edmund A. Sargus, Jr. on 4/9/24. (sem)
|
| Filing 11 MOTION to Stay Briefing on Pending Motions to Dismiss by Plaintiff Nick Applegarth. (Attachments: #1 Text of Proposed Order) (Burton, Andrew) |
| Filing 10 MOTION to Remand by Plaintiff Nick Applegarth. (Attachments: #1 Exhibit Exhibit A- July 31, 2023 Order, #2 Exhibit Exhibit B- September 22, 2023 Order) (Burton, Andrew) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Nick Applegarth. (Attachments: #1 Exhibit Exhibit A- Bankruptcy Order, #2 Exhibit Exhibit B- Sales Agreement, #3 Exhibit Exhibit C- Loan Agreement, #4 Exhibit Exhibit D- August 2022 Letter) (Burton, Andrew) |
| Filing 8 NOTICE of Appearance by Nora K. Cook for Defendant Trivest Partners, L.P. (Cook, Nora) |
| Filing 7 Corporate Disclosure Statement by Defendant Trivest Partners, L.P.. (Covey, Trevor) |
| Filing 6 Motion to Dismiss filed by Defendant Trivest Partners, L.P.. (Covey, Trevor) Modified docketing event and docket text on 3/29/2024 (sem). |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Complaint by Defendant Jayson Waller. (Lewis, Patrick) |
| Filing 4 NOTICE by Defendant Jayson Waller re #1 Notice of Removal, Supplemental Civil Cover Sheet (Lewis, Patrick) |
| Filing 3 MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss originally filed in Jefferson County CCS on 3/19/2024 by Defendant Digital Federal Credit Union. (er) Modified text on 3/22/2024 (er). |
| Filing 2 COMPLAINT filed originally in Jefferson County CCS on 2/13/2024 by Nick Applegarth against Digital Federal Credit Union, Paul Grysiuk, Jake Hines, Power Home Solar, LLC, Trivest Partners, L.P. & Jayson Waller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (er) |
| Filing 1 NOTICE OF REMOVAL from Jefferson County Court of Common Pleas, case number 24 CV 00080 ( Filing fee $ 405 paid - receipt number: AOHSDC-9879160), filed by Jayson Waller. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint and Other State Court Filings, #3 Exhibit B - Bankruptcy Court Order and Exhibit B to Bankruptcy Motion) (Lewis, Patrick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
