DWS International, Inc dba Marble Dimensions Worldwide, Inc v. Meixia Arts and Handicrafts Co LTD et al
| DWS International, Inc dba Marble Dimensions Worldwide, Inc |
| Meixia Arts and Handicrafts Co LTD and Home Casual, LLC, Peter Hill Registered Agent |
| 3:2009cv00458 |
| December 3, 2009 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| Defendant |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
354
ENTRY AND ORDER denying 348 MDW's Renewed Motion for Order to Aid in Execution. Signed by Judge Thomas M Rose on 7/22/2013. (kf)
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Filing
347
ENTRY AND ORDER OVERRULING MDWS MOTION FOR ORDER TO AID EXECUTION OF JUDGMENT AGAINST MEIXIA (Doc. 346 ) WITHOUT PREJUDICE. Signed by Judge Thomas M Rose on 5/22/2013. (kf)
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Filing
345
ENTRY AND ORDER GRANTING MDW'S MOTION TO DISMISS ANY AND ALL CLAIMS BETWEEN MDW AND HOME CASUAL WITH PREJUDICE (Doc. 343 ). Signed by Judge Thomas M Rose on 12/3/12. (kje1)
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Filing
329
ENTRY AND ORDER OVERRULING HOME CASUAL'S POST-TRIAL MOTIONS FOR JUDGMENT, NEW TRIAL AND REMITTITUR (Doc. # 298 ). Signed by Judge Thomas M Rose on 9/21/2011. (mdf1)
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Filing
284
AMENDED JUDGMENT: This action was tried before a duly impaneled Jury with the Honorable Thomas M. Rose presiding. The Jury has rendered its verdicts, and based upon these verdicts, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff, DWS In ternational, Inc. d/b/a Marble Dimensions Worldwide, recover from Defendant, Home Casual, LLC, the total amount of $1,750,000.00 ($1,500,000.00 in compensatory damages and $250,000.00 in punitive damages), attorneys fees, plus post j udgment interest pursuant to 28 U.S.C. § 1961 and costs pursuant to 28 U.S.C. § 1920. The amount of attorneys fees due to the Plaintiff will be separately determined by this Court. It is further ORDERED, pursuant to Fed. Rule Civ. P. 54, that this Judgment Entry represents a final appealable order and the same is entered, there being no just reason for delay. Signed by Judge Thomas M Rose on 7/25/11. (bac1)
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Filing
187
ENTRY AND ORDER OVERRULING SUDYK'S OBJECTIONS 176 TO THE MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATES JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS 149 IN ITS ENTIRETY AND OVERRULING SUDYK'S MOTION TO DISMISS. Signed by Judge Thomas M Rose on 1/19/11. (pb1)
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Filing
159
DECISION AND ORDER ON MOTION TO COMPEL CONTINUED DEPOSITION OFDEFENDANT THOMAS SUDYK - Plaintiff's Motion to Defendant Defendant Thomas Sudyk to Attend his Continued Deposition 113 is well taken, given the expedited nature of the original deposition. Defendant is ordered to make himself available for his continued deposition for not more than four hours at a location and time of his choice not later than December 31, 2010. Signed by Magistrate Judge Michael R Merz on 12/16/2010. (kpf1)
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Filing
146
ORDER TO FILE EXHIBIT UNDER SEAL AND GRANTING MOTION FOR RECONSIDERATION - The Clerk shall deliver a copy thereof to Plaintiff's counsel who shall promptly advise the Court (by filing an electronic notice) whether it is in fact a copy of Defenda nt Sudyk's Response to Plaintiffs Memorandum in Opposition to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction & Failure to State a Claim Upon Which Relief Can Be Granted. (The Court notes that Exhibit D bears a certificate o f service by Mr. Sudyk indicating this document was mailed to counsel on October 21, 2010.) Mr. Sudyk's Motion for Reconsideration is granted. Once Plaintiff's counsel has confirmed that the document they received under the same title as Exhibit D is in fact the same, the Magistrate Judge will prepare a substituted report and recommendations on the Motion to Dismiss. Signed by Magistrate Judge Michael R Merz on 12/10/2010. (kpf1)
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Filing
142
DECISION AND ORDER GRANTING MOTION FOR SUBPOENAS - This case is before the Court on Motion of Defendant Thomas Sudyk (Doc. No. 118 ) for an order to the Clerk to sign a deposition subpoena for Mrs. Pamela Stegman. The Motion was filed October 15, 20 10, and has not been opposed by any of the parties in the case. Accordingly, it is granted. Provided the Motion has not been rendered moot by the taking of the deposition as scheduled on November 3, 2010, Defendant Sudyk may present a similar subpoe na to the Clerk for signature which commands the witness' appearance on a date not less than ten days after issuance at the place originally chosen or some other place on which the parties may agree. Signed by Magistrate Judge Michael R Merz on 11/27/2010. (kpf1) Modified on 11/29/2010 (pb1).
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Filing
141
ORDER denying 109 Motion to Compel. Signed by Magistrate Judge Michael R Merz on 11/27/2010. (mrm0)
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Filing
123
ORDER DENYING MOTION TO CONTINUE - Defendant Thomas Sudyk's "Unopposed Motion to Request an Alternative Date for the Show Cause Hearing and Arrange a Scheduling Call with the Court" (Doc. No. 121) is denied. Defendant Sudyk may obtain a continuance if all other parties agree. It is the responsibility of a party seeking a continuance to obtain available dates from other who will participate and set the date with Judicial Assistant Kelly Kopf. Obviously, not even all the dates which may be acceptable to the parties will be available on the Court's docket. Signed by Magistrate Judge Michael R Merz on 10/20/2010. (kpf1)
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Filing
97
DECISION AND ORDER QUASHING NOTICE OF DEPOSITIONS - During the telephone conference on August 13, 2010, counsel raised an objection to the Notice of Depositions served by Defendant Sudyk for depositions of Mrs. David Stegman and Ms. Claudia Behm for August 20, 2010. The Court ordered that a copy of that Notice be filed and Plaintiff's counsel has now done so (attachment to Doc. No. 92). The Court understands that no party had agreed to make either of these witnesses available for deposition and the docket shows that no subpoena has issued to compel the attendance of either of them. Accordingly, the Notice of Depositions is QUASHED. Signed by Magistrate Judge Michael R Merz on 8/17/2010. (kpf1)
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Filing
96
DECISION AND ORDER ON REQUESTS FOR SUBPOENAS - This case is before the Court on a request made by Defendant Thomas Sudyk to the Clerk to issue five subpoenas (Doc. No. 94). The Clerk is ORDERED not to issue any of these subpoenas for the following r easons: 1. All of them fail to describe the documents to be produced. 2. The Clerk of this Court has no power to issue subpoenas on behalf of any of the five courts listed on the subpoenas. 3. The subpoenas purport to require production of documents at a place beyond the jurisdiction of the purported issuing courts to command such production. Future requests to the Clerk for action in this case must be made by way of motion so that the docket is complete. Defendant Sudyk is reminded of the provisions of Fed. R. Civ. P. 45(b) requiring notice to all parties before service of any subpoena commanding production of documents. Signed by Magistrate Judge Michael R Merz on 8/16/2010. (kpf1)
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Filing
47
ORDER SETTING BRIEFING SCHEDULE - 1. Defendant Meixia Arts shall file its memorandum in opposition to Plaintiff's Motion to Amend (Doc. No. 45) not later than May 28, 2010; Defendant Home Casual shall file its memorandum in opposition not later than May 24, 2010. Plaintiff shall file its reply memorandum not later than June 4, 2010. 2. Plaintiff's memoranda in response to Meixias Motions to Compel Arbitration and for Protective Order are due on May 24, 2010, by virtue of S. D. Ohio Civ. R. 7.2. Meixia will file its reply memorandum in support not later than May 28, 2010. Signed by Magistrate Judge Michael R Merz on 5/20/2010. (kpf1)
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Filing
25
ENTRY AND ORDER OVERRULING MDW'S MOTION FOR A TRO. Signed by Judge Thomas M Rose on 12/18/2009. (jwd1)
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Filing
6
ENTRY: re: Proposed Protective Order. Signed by Judge Thomas M Rose on 12/4/09. (bac1)
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| Plaintiff: DWS International, Inc dba Marble Dimensions Worldwide, Inc | |
| Represented By: | Jessica LS Kimes |
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| Defendant: Meixia Arts and Handicrafts Co LTD | |
| Represented By: | Bradley Clair Smith |
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| Defendant: Home Casual, LLC, Peter Hill Registered Agent | |
| Represented By: | James H Greer |
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