Stephens v. Valor Enterprises, et al
Plaintiff: Gerald Stephens
Defendant: Valor Enterprises Inc, Glenn Cota, L. Wayne Shealy, National City Bank, CTI Communications, CTI Audio, Inc., Transcontinental Insurance Company and Cincinnati Insurance
Case Number: 3:2001cv00140
Filed: March 30, 2001
Court: US District Court for the Southern District of Ohio
Presiding Judge: Thomas M Rose
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 5, 2002. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2002 Opinion or Order Filing 94 ORDER OF USCA 6th: dismissing the appeal purusant to Rule 42(b) FRAP [89-1] ( no pgs: 1) (rp)
November 4, 2002 Filing 93 MEMORANDUM As to Bill of Cost Taxed; The $991.12 fees for exemplification, certification and copies of papers are DISALLOWED; The five day period for filing a motion to retax shall begin upon receipt of this memorandum (cc: all counsel) ( no pgs: 1) (sc)
October 31, 2002 Filing 92 NOTICE OF RECEIPT of pleadings #85,86,89,90 & 91 by COA on 10/29/02 ( no pgs: 1) (mkb)
October 25, 2002 Filing 91 TRANSCRIPT ORDER FORM unnecessary (rp) Modified on 10/25/2002
October 25, 2002 Filing 90 APPEAL NOTIFICATION issued CA. consisting of documents 85,86,89,90, & 91 (rp) Modified on 10/25/2002
October 25, 2002 Filing 89 NOTICE OF APPEAL by plaintiff Gerald Stephens from Dist. Court decision [86-1] of 10/4/02 ( no pgs: 1) (rp)
October 25, 2002 APPEAL FEE paid in amount of $ 105 ( Receipt # 315330) (rp)
October 15, 2002 Filing 88 Bill of costs submitted by defendant National City Bank ( no pgs: 4) (re)
October 4, 2002 Filing 87 NOTICE OF DISPOSAL PER SDO LOCAL RULES re exhibits ( no pgs: 1) (rp)
October 4, 2002 Filing 86 JUDGMENT: that the Plaintiff take nothing; judgment is entered in favor of Defendants and against Plaintiff (cc: all counsel) ( no pgs: 1) (rp)
October 4, 2002 Opinion or Order Filing 85 ENTRY AND ORDER by Judge Thomas M. Rose granting motion for judgment on the pleadings [52-1], granting motion to dismiss Complaint against Cincinnati Insurance for failure to a claim upon which relief can be granted [49-1], granting motion for summary judgment as to the Plaintiff's Amended Complaint [65-2] by defendant Transcontinental Ins, motion for summary judgment [80-1] by defendant L. Wayne Shealy, denying motion for summary judgment in accordance with Federal Rule 56 as to all Defendants [71-1] by plaintiff Gerald Stephens; and dismissing all claims against all Defendants , terminating case (cc: all counsel) ( no pgs: 24) (rp)
October 4, 2002 Opinion or Order NOTATION ORDER by Judge Thomas M. Rose granting motion to withdraw as counsel [54-1] attorney Joseph A Downing for CTI Audio, Inc. (cc: all counsel) (sc)
October 1, 2002 Filing 84 NOTICE THAT THE JOINT FINAL PRETRIAL ORDER IS RECEIVED 10/1/02 filed by defendants, plaintiff ( no pgs: 25) (rp)
August 19, 2002 Filing 83 REPLY by defendant L. Wayne Shealy to response to motion for summary judgment [80-1] ( no pgs: 11 w/attachment) (rp)
August 8, 2002 Filing 82 MEMORANDUM by plaintiff Gerald Stephens in opposition to Defendant L Wayne Shealy's Motion for Summary Judgment [80-1] ( no pgs: 5) (rp)
July 23, 2002 Filing 81 MEMORANDUM by defendant Transcontinental Ins in opposition to Plaintiff's Motion for Summary Judgment [71-1] ( no pgs: 7 w/attachments) (rp)
July 22, 2002 Opinion or Order NOTATION ORDER by Judge Thomas M. Rose granting motion to extend time for defendant to respond to plaintiff's motion for summary judgment on or before 7/22/02 [79-1] (cc: all counsel) (rp)
July 18, 2002 Filing 80 MOTION by defendant L. Wayne Shealy for summary judgment ( no pgs: 25 w/attachments) (rp) Modified on 07/23/2002
July 18, 2002 Opinion or Order NOTATION ORDER by Judge Thomas M. Rose granting motion for leave to file motion for summary judgment in excess of 20 pages [77-1] (cc: all counsel) (rp)
July 17, 2002 Filing 79 JOINT MOTION by defendant Transcontinental Ins, plaintiff Gerald Stephens to extend time for defendant to respond to plaintiff's motion for summary judgment on or before 7/22/02 ( no pgs: 2) (re) Modified on 07/23/2002
July 16, 2002 Filing 78 MEMORANDUM by defendant National City Bank in opposition to Plaintiff's Motion for Summary Judgment [71-1] ( no pgs: 21 w/attachments) (rp)
July 15, 2002 Filing 77 MOTION by defendant L. Wayne Shealy for leave to file motion for summary judgment in excess of 20 pages ( no pgs: 2) - motion attached (re) Modified on 07/16/2002
July 15, 2002 Filing 76 MEMORANDUM by defendant Cincinnati Insurance in opposition to Plaintiff's motion for summary judgment [71-1] ( no pgs: 3) (re)
July 12, 2002 Filing 75 MEMORANDUM by defendant L. Wayne Shealy in opposition to Plaintiff's Motion for Summary Judgment [71-1] ( no pgs: 8) (rp)
July 12, 2002 Filing 74 MEMORANDUM by defendant Glenn Cota in opposition to Plaintiff's Motion for Summary Judgment [71-1] ( no pgs: 10) (rp)
July 1, 2002 Opinion or Order NOTATION ORDER by Judge Thomas M. Rose granting motion to extend time to file Motion for Summary Judgment [73-1] (cc: all counsel) (pr)
June 26, 2002 Filing 73 MOTION by defendant L. Wayne Shealy to extend time to file Motion for Summary Judgment for 14 days ( no pgs: 3 + Judgment Entry attached) (pr) Modified on 06/27/2002
June 26, 2002 Opinion or Order Filing 72 CLERK'S NOTICE W/ ORDER by Judge Walter H. Rice Case reassigned to Judge Thomas M. Rose (cc: all counsel) ( no pgs: 2) (re)
June 24, 2002 Filing 71 MOTION by plaintiff Gerald Stephens for summary judgment in accordance with Federal Rule 56 as to all Defendants no pgs: 17 w/attachments) (rp)
May 22, 2002 Filing 70 NOTICE by defendant L. Wayne Shealy of filing deposition of Steven Borchers taken 9/22/99, Glen Cota 9/30/99, William Ross 9/22/99 and L. Wayne Shealy 9/30/99 ( no pgs: 2 + attachments) (jt)
May 22, 2002 Deposition of Steven Borchers taken 9/22/99 (jt)
May 22, 2002 Deposition of William Ross Taken 9/22/99 (jt)
May 22, 2002 Deposition of Glenn Cotta taken 9/30/99 (jt)
May 22, 2002 Deposition of L. Wayne Shealy taken 9/30/99 (jt)
May 3, 2002 Opinion or Order Filing 69 Stipulation and ORDER - transferring depositions from prior dismissed case of 99-39 Miami County Case to current case by Judge Walter H. Rice : (cc: all counsel) ( no pgs: 2) (re) Modified on 05/03/2002
April 24, 2002 Filing 68 MOTION by defendant L. Wayne Shealy for order to trasnfer and enlist depositions from prior dismissed case to current case ( no pgs: 3) (mkb)
April 15, 2002 Filing 67 REPLY by defendant Transcontinental Ins to response to motion to dismiss [65-1], motion for summary judgment as to the Plaintiff's Amended Complaint [65-2] ( no pgs: 2) - defendant wishes court to consider previously filed document filed 8/24/01 (re)
April 5, 2002 Filing 66 Resubmission of MEMORANDUM by plaintiff Gerald Stephens in opposition to Transcontinental's renewed motion to dismiss[65-1], or summary judgment[65-2] ( no pgs: 2) (seal)
March 6, 2002 Filing 65 RENEWED MOTION by defendant Transcontinental Insurance Company to dismiss , or in the alternative for summary judgment as to the Plaintiff's Amended Complaint ( no pgs: 2) (rp)
February 26, 2002 Filing 64 DECISION AND ENTRY by Judge Walter H. Rice OVERRULING AS MOOT THE MOTIONS OF CINCINNATI INSURANCE TO DISMISS FOURTH CLAIM [11-1] AND OF NATIONAL CITY BANK FOR JUDGMENT ON THE PLEADINGS [20-1]; TRANSCONTINENTAL INSURANCE COMPANY'S MOTION TO DISMISS [22-1], OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT [22-2] OVERRULED, WITHOUT PREJUDICE TO RENEWAL; TRANSCONTINENTAL INSURANCE COMPANY IS DIRECTED TO FILE RENEWED MOTION WITHIN TWENTY (20) DAYS FROM DATE (cc: all counsel) ( no pgs: 5) (sc)
January 7, 2002 Filing 63 Lay Witness list submitted by defendant Transcontinental Ins ( no pgs: 2) (rp)
December 28, 2001 Filing 62 Witness list submitted by defendant Valor Enterprises, defendant Glenn Cota, defendant L. Wayne Shealy, defendant National City Bank, defendant CTI Communications, defendant CTI Audio, Inc., defendant Transcontinental Ins, defendant Cincinnati Insurance ( no pgs: 3 + attachment) (pb)
December 21, 2001 Filing 61 Lay Witness list submitted by defendant National City Bank ( no pgs: 3) (rp)
December 18, 2001 Filing 60 Lay Witness list submitted by plaintiff Gerald Stephens ( no pgs: 5) (rp)
November 21, 2001 Filing 59 SERVICE by publication upon defendant Valor Enterprises, defendant Glenn Cota, defendant L. Wayne Shealy, defendant National City Bank, defendant CTI Communications, defendant CTI Audio, Inc., defendant Transcontinental Ins, defendant Cincinnati Insurance on 10/5, 10/12, 10/19, 10/26, 11/02, and 11/09/01 ( no pgs: 1) (rp)
November 6, 2001 Filing 58 MEMORANDUM by plaintiff Gerald Stephens in opposition to Defendant, National City Bank's Renewed Motion for Judgment on the Pleadings [52-1] ( no pgs: 3) (rp)
November 5, 2001 Filing 57 RESPONSE by the Statutory Agent of defendant CTI Communications to this Court's Entry of 10/23/01 [55-1] (cc: all counsel per WHR)( no pgs: 2 w/attachments) (rp)
October 26, 2001 Filing 56 Mail Returned addressed to Valor, Inc. as NOT DELIVERABLE AS ADDRESSED, UNABLE TO FORWARD [55-1] (pb) Modified on 10/26/2001
October 23, 2001 Filing 55 ENTRY SETTING FORTH PROCEDURES ON AMENDED MOTION FOR WITHDRAWAL OF COUNSEL by Judge Walter H. Rice (cc: all counsel) ( no pgs: 2) (rp)
October 19, 2001 Mail Returned addressed to Valor, Inc marked not deliverable as addressed [53-1] (rp)
October 18, 2001 Filing 54 AMENDED MOTION by defendant CTI Audio, Inc.'s attorney, Joseph A Downing to withdraw as counsel no pgs: 6) (rp)
October 15, 2001 Opinion or Order Filing 53 ORDER by Judge Walter H. Rice denying without prejudice to renewal motion to withdraw attorney Joseph A Downing as counsel for Defendant, CTI Audio, Inc [39-1] (cc: all counsel) ( no pgs: 2) (rp)
October 5, 2001 Filing 52 RENEWED MOTION by defendant National City Bank for judgment on the pleadings ( no pgs: 17) (rp)
October 5, 2001 Filing 51 CORPORATE DISCLOSURE STATEMENT by defendant Transcontinental Ins ( no pgs: 2) (rp)
October 4, 2001 Filing 50 ANSWER TO AMENDED COMPLAINT by defendant L. Wayne Shealy ( no pgs: 4) (rp)
October 2, 2001 Filing 49 MOTION by defendant Cincinnati Insurance to dismiss Amended Complaint against Cincinnati Insurance for failure to state a claim upon which relief can be granted ( no pgs: 3) (rp)
October 2, 2001 Filing 48 ANSWER TO PLAINTIFF'S AMENDED COMPLAINT by defendant National City Bank ( no pgs: 9) (rp)
September 28, 2001 Filing 47 AFFIDAVIT of James R Livingston regarding notice of publication to Defendants Valor Enterprises and CTI Communications Inc [46-1] ( no pgs: 2) (rp) Modified on 09/28/2001
September 28, 2001 Filing 46 NOTICE TO DEFENDANTS Valor Enterprises and CTI Communications Inc re Service by Publication ( no pgs: 3) (rp) Modified on 09/28/2001
September 28, 2001 Filing 45 RETURN OF SERVICE unexecuted - attempted as to defendant Valor Enterprises "Not Deliverable as Addressed" ( no pgs: 1 w/envelope & contents) (rp)
September 28, 2001 Filing 44 RETURN OF SERVICE unexecuted - attempted as to defendant CTI Communications "Not Deliverable as Addressed" ( no pgs: 1 w/envelope and contents) (rp)
September 28, 2001 Filing 43 ANSWER by defendant Transcontinental Insurance Co to Amended Complaint ( no pgs: 3) (rp)
September 18, 2001 Filing 42 AMENDED COMPLAINT by plaintiff Gerald Stephens ( no pgs: 17 w/attachments) (rp)
September 18, 2001 Opinion or Order Filing 41 ORDER by Judge Walter H. Rice granting motion to amend complaint [40-1] (cc: all counsel) ( no pgs: 1) (rp)
September 14, 2001 Filing 40 MOTION by plaintiff Gerald Stephens to amend complaint ( no pgs: 3 w/order & A/C attached) (re)
September 4, 2001 Filing 39 MOTION by defendant CTI Audio, Inc. to withdraw attorney Joseph A Downing as counsel for Defendant, CTI Audio, Inc no pgs: 2 w/order) (rp)
August 24, 2001 Filing 38 REPLY by defendant Transcontinental Insurance Company to response to motion to dismiss [22-1] or motion for summary judgment [22-2] ( no pgs: 5) (rp)
August 17, 2001 Opinion or Order Filing 37 ORDER by Judge Walter H. Rice Trial 3 days 10/21/02 ; Discovery ddl set for 4/22/02 (factual witnesses) 5/21/02 (Experts); FPTO ddl 10/1/02; Final pretrial conf set for 5:00 10/8/02 ; Prelim pretrial conf held 8:45 8/15/01 ; Disml pprs ddl set for 9/1/01 ; Mtn filing ddl set for 6/21/02 , and Witness lists ddl set for 12/14/01, 2/15/02, and 3/15/02 (cc: all counsel) ( no pgs: 5) (rp) Modified on 08/20/2001
August 15, 2001 Filing 36 Amended ANSWER by defendant L. Wayne Shealy ( no pgs: 4) (pb)
August 14, 2001 Filing 35 MEMORANDUM by plaintiff Gerald Stephens in opposition to Defendant Transcontinental Insurance Co's Motion to Dismiss and for Summary Judgment [22-1] ( no pgs: 8 w/attachments) (rp)
August 8, 2001 Opinion or Order NOTATION ORDER by Judge Walter H. Rice granting motion to amend answer [33-1] (cc: all counsel) (rp)
August 7, 2001 Filing 34 Rule 26(f) Report of parties to Judge Rice filed by plaintiff Gerald Stephens, defendant Valor Enterprises, defendant Glenn Cota, defendant L. Wayne Shealy, defendant National City Bank, defendant CTI Communications, defendant CTI Audio, Inc., defendant Transcontinental Ins, defendant Cincinnati Insurance ( no pgs: 10) (rp)
August 7, 2001 Filing 33 MOTION by defendant L. Wayne Shealy to amend answer ( no pgs: 2 w/attachments) (rp)
August 6, 2001 Filing 32 MEMORANDUM by plaintiff Gerald Stephens in opposition to Defendant National City Bank's Motion for Judgment on the Pleadings [20-1] ( no pgs: 7) (rp)
July 31, 2001 Opinion or Order Filing 31 ORDER by Judge Walter H. Rice granting motion to extend time an additional 120 days, to 11/27/01 to serve Defendants, Valor Enterprises and CTI Communications [26-1] (cc: all counsel) ( no pgs: 2) (rp)
July 30, 2001 Filing 30 REPLY by defendant Cincinnati Insurance to response to motion to dismiss Fourth Claim [11-1] ( no pgs: 12+attachments) (sc)
July 27, 2001 Filing 29 NOTICE TO DEFENDANT, CTI Communications that certified mail service is being done by the Clerk, USDC pursuant to Rule 4 of the FRCP ( no pgs: 2 w/certified receipt #7099 3400 0006 1003 7441) (rp)
July 27, 2001 Filing 28 NOTICE TO DEFENDANT, Valor Enterprises that certified mail service is being done by the Clerk, USDC pursuant Rule 4 FRCP ( no pgs: 2 w/certified receipt #7099 3400 0006 1003 7472) (rp) Modified on 07/27/2001
July 27, 2001 Filing 27 WAIVER OF SERVICE mailed to defendant Glenn Cota, defendant L. Wayne Shealy, defendant National City Bank, defendant CTI Audio, Inc., defendant Cincinnati Insurance on 4/2/01 Answer due on 6/1/01 for Cincinnati Insurance, for CTI Audio, Inc., for National City Bank, for L. Wayne Shealy, for Glenn Cota ( no pgs: 5) (rp)
July 27, 2001 Filing 26 MOTION by plaintiff Gerald Stephens to extend time an additional 120 days to serve Defendants, Valor Enterprises and CTI Communications ( no pgs: 4) (rp)
July 25, 2001 Opinion or Order Filing 25 ORDER by Judge Walter H. Rice per FRCP 4(m) requires the Court to Dismiss an action in which service is not made within 120 days of filing the Complaint; Filing proof of service ddl 7/30/01; otherwise case will be dismissed for lack of service of process (cc: all counsel) ( no pgs: 1) (rp)
July 25, 2001 Opinion or Order Filing 24 ORDER by Judge Walter H. Rice granting motion to extend time time until 8/3/01 to respond to Defendant, National City Bank's Motion for Judgment on the Pleadings [23-1] (cc: all counsel) ( no pgs: 1) (rp)
July 23, 2001 Filing 23 MOTION by plaintiff Gerald Stephens to extend time time until 8/3/01 to respond to Defendant, National City Bank's Motion for Judgment on the Pleadings ( no pgs: 2 w/order attached) (rp)
July 23, 2001 Filing 22 MOTION by defendant Transcontinental Ins to dismiss , or for summary judgment ( no pgs: 15 w/attachments) (rp)
July 17, 2001 Opinion or Order NOTATION ORDER by Judge Walter H. Rice granting motion to extend time an additional 7 days until 7/26/01 to reply to Plaintiff's Memorandum in Opposition to Cincinatti's Motion to Dismiss [21-1] (cc: all counsel) (rp)
July 13, 2001 Filing 21 MOTION by defendant Cincinnati Insurance to extend time an additional 7 days until 7/26/01 to reply to Plaintiff's Memorandum in Opposition to Cincinatti's Motion to Dismiss ( no pgs: 2) (rp)
July 6, 2001 Filing 20 MOTION by defendant National City Bank for judgment on the pleadings ( no pgs: 16) (rp)
July 6, 2001 Filing 19 ATTORNEY SUBSTITUTION: terminating attorney Marc Lawrence Fleischauer for National City Bank and substituting attorney Margaret Koesel as lead counsel ( no pgs: 2) (rp)
July 6, 2001 Filing 18 MEMORANDUM by plaintiff Gerald Stephens in opposition to Defendant Cincinnati Insurance Co's Motion to Dismiss [11-1] ( no pgs: 6) (rp)
July 3, 2001 Filing 17 NOTICE setting this action for Preliminary PTC 8:45 8/15/01 Rule 26 packet and amended general order sent by mail; no pgs: 2 (cc: all counsel) (rp)
June 27, 2001 Filing 16 CORPORATE DISCLOSURE STATEMENT by defendant National City Bank ( no pgs: 3) (rp)
June 27, 2001 Opinion or Order NOTATION ORDER by Mag. Judge Michael Merz granting motion to extend time to respond to Defendant, Cincinnati Insurance Company's Motion to Dismiss until 7/5/01 per General Order 13 [15-1] (cc: all counsel) (rp)
June 25, 2001 Filing 15 MOTION by plaintiff Gerald Stephens to extend time to respond to Defendant, Cincinnati Insurance Company's Motion to Dismiss until 7/5/01 ( no pgs: 2 w/order) (rp) Modified on 06/26/2001
June 18, 2001 Opinion or Order NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorney Ann M Caresani pro hac vice [13-1] (cc: all counsel) (rp)
June 18, 2001 Opinion or Order NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorney Margaret M Koesel pro hac vice [14-1] (cc: all counsel) (rp)
June 12, 2001 Filing 14 MOTION by defendant National City Bank for admission of attorney Margaret M Koesel pro hac vice ( no pgs: 3 w/attachments)(FEES Pd.) (rp)
June 12, 2001 Filing 13 MOTION by defendant National City Bank for admission of attorney Ann M Caresani pro hac vice ( no pgs: 3 w/attachments)(Fees pd.) (rp)
June 4, 2001 Filing 12 CORPORATE DISCLOSURE STATEMENT by defendant Cincinnati Insurance ( no pgs: 1) Filed without a certificate of service (rp)
June 4, 2001 Filing 11 MOTION by defendant Cincinnati Insurance to dismiss Fourth Claim ( no pgs: 6) (rp)
June 1, 2001 Filing 10 NOTICE of Filing Request for Removal from Service List from Attorney Roger Luring As Co-counsel for defendant Glenn Cota (Note: Roger Luring not listed as Co-Counsel for defendant and not on service list) ( no pgs: 2) (sc) Modified on 06/05/2001
May 29, 2001 Filing 9 CORPORATE DISCLOSURE STATEMENT by defendant CTI Audio, Inc. ( no pgs: 2) (pb)
May 24, 2001 Filing 8 ANSWER by defendant Glenn Cota ( no pgs: 4) (sc)
May 17, 2001 Filing 7 ANSWER by defendant National City Bank to Plft's Complaint (no pgs: 9 + attachment) (pb)
April 30, 2001 Filing 6 ANSWER by defendant L. Wayne Shealy ( no pgs: 4) (pb)
April 30, 2001 Filing 5 WAIVER OF SERVICE mailed to defendant L. Wayne Shealy on 4/2/01 Answer due on 6/1/01 for L. Wayne Shealy ( no pgs: 1) (sc)
April 26, 2001 Filing 4 ANSWER by defendant CTI Audio, Inc. ( no pgs: 4) (pb)
April 16, 2001 Filing 3 ANSWER by defendant Transcontinental Ins ( no pgs: 4) (gh)
March 30, 2001 Filing 2 STATEMENT/DISCLOSURE OF AFFILIATIONS AND FINANCIAL INTEREST by plaintiff Gerald Stephens ( no pgs: 1) (pb)
March 30, 2001 Filing 1 COMPLAINT ( no. pgs: 15 + attachment) (pb)
March 30, 2001 Filing Fee Paid: on 3/30/01 in the amount of $ 150.00, receipt # 311784. (pb)

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Search for this case: Stephens v. Valor Enterprises, et al
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Plaintiff: Gerald Stephens
Represented By: James Robert Livingston
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Defendant: Valor Enterprises Inc
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Defendant: Glenn Cota
Represented By: Jose Manuel Lopez
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Defendant: L. Wayne Shealy
Represented By: Anthony Ronald Pulfer
Represented By: Richard Harold Wallace
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Defendant: National City Bank
Represented By: Ann M Caresani
Represented By: Margaret M Koesel
Represented By: Marc Lawrence Fleischauer
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Defendant: CTI Communications
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Defendant: CTI Audio, Inc.
Represented By: Joseph A Downing
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Defendant: Transcontinental Insurance Company
Represented By: David Tehan Patterson
Represented By: Kimberley A Doucher
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Defendant: Cincinnati Insurance
Represented By: Jonathan Mark Bryan
Represented By: William Hunt Woods
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