B&P Company v. TLK Fusion Entertainment, LLC et al
| B&P Company |
| Kristen Jenner, TLK Fusion Entertainment, LLC, Jenner Communications, Inc.,, Kris Jenner and Does 1-100 |
| 3:2011cv00276 |
| August 2, 2011 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on April 22, 2013. A more recent docket listing may be available from PACER.
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| Filing 58 AGREED ENTRY OF DISMISSAL. Signed by Magistrate Judge Michael R Merz on 4/22/13. (kje1) |
Filing 57
CONDITIONAL DISMISSAL ORDER. Signed by Magistrate Judge Michael R Merz on 3/19/13. (kje1)
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Notation ORDER granting #56 Motion for Extension of Time to and including 3/22/2013 to file objections to pening Report and Recommendations. Signed by Magistrate Judge Michael R Merz on 3/14/2013. (mrm0)
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| Filing 56 Unopposed MOTION for Extension of Time New date requested 3/22/2013. TO FILE OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS [DOC. NO. 55] by Defendants Kristen Jenner, Jenner Communications, Inc.,, Counter Claimants Kristen Jenner, Kristen Jenner, Jenner Communications, Inc.,, Jenner Communications, Inc.,. (Morman, Carla) |
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Filing 55
REPORT AND RECOMMENDATIONS RECOMMENDING PLAINTIFF B&P'S MOTION TO DISMISS COUNTS III AND IV OF JENNER DEFENDANTS' AMENDED COUNTERCLAIM BE GRANTED; ORDER DENYING JENNER DEFENDANTS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COUNTERCLAIM. Objections to R&R due by 3/15/2013. Signed by Magistrate Judge Michael R Merz on 2/26/2013. (kpf1)
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| Filing 53 MOTION FOR LEAVE TO FILE A JOINT MOTION UNDER SEAL by Defendants Kristen Jenner, Jenner Communications, Inc.,, Counter Claimants Kristen Jenner, Kristen Jenner, Jenner Communications, Inc.,, Jenner Communications, Inc.,. (Morman, Carla) |
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Notation ORDER granting #53 Joint Motion For Leave to File a Joint Motion Under Seal. Signed by Magistrate Judge Michael R Merz on 2/7/2013. (kpf1)
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| Filing 52 REPLY to Response to Motion re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts III and IV of Jenner Defendants' Amended Counterclaim filed by Plaintiff B&P Company. (Henderson, Toby) |
| NOTICE TO COUNSEL: A telephone conference to discuss discovery issues has been set before Magistrate Judge Michael R. Merz on Tuesday, January 15, 2013, at 2:30 p.m. Counsel shall call 1-888-684-8852; Access code: 1931515; Security code: 123456, and wait for the Court to join the conference. (kpf1) |
| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts III and IV of Jenner Defendants' Amended Counterclaim New date requested 1/16/2013. by Plaintiff B&P Company. (Henderson, Toby) |
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Notation ORDER granting #51 Motion for Extension of Time to File Response/Reply re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts III and IV of Jenner Defendants' Amended Counterclaim Replies due by 1/16/2013. Signed by Magistrate Judge Michael R Merz on 1/2/2013. (mrm0)
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Notation ORDER granting #48 Motion to extend dates in scheduling order. Signed by Magistrate Judge Michael R Merz on 12/17/2012. (mrm0)
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| Filing 49 MOTION for Leave to File A Memorandum In Opposition To Plaintiffs Motion To Dismiss Claims III And IV Of Jenner Defendants Amended Counterclaim [Doc. No. 46] And Its Attachments Under Seal by Defendants Kristen Jenner, Jenner Communications, Inc.,, Counter Claimants Kristen Jenner, Kristen Jenner, Jenner Communications, Inc.,, Jenner Communications, Inc.,. (Morman, Carla) |
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Notation ORDER granting #49 Motion for Leave to File under seal. Signed by Magistrate Judge Michael R Merz on 12/14/2012. (mrm0)
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| Filing 48 Joint MOTION To Extend Pretrial Deadlines re #36 Preliminary Pretrial Order, Order Referring Case to Magistrate Judge,,,,,,,, by Plaintiff B&P Company, Defendants Kristen Jenner, Jenner Communications, Inc.,, TLK Fusion Entertainment, LLC. (Henderson, Toby) |
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Notation ORDER granting #47 Motion for Extension of Time to 12/19/2012 to File A Memorandum In Opposition To Plaintiffs Motion To Dismiss Claims III And IV Of Jenner Defendants Amended Counterclaim [Doc. No. 46]. Signed by Magistrate Judge Michael R Merz on 12/7/2012. (mrm0)
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| Filing 47 Unopposed MOTION for Extension of Time New date requested 12/19/2012. To File A Memorandum In Opposition To Plaintiffs Motion To Dismiss Claims III And IV Of Jenner Defendants Amended Counterclaim [Doc. No. 46] by Defendant Kristen Jenner, Counter Claimants Kristen Jenner, Kristen Jenner, Jenner Communications, Inc.,. (Morman, Carla) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts III and IV of Jenner Defendants' Amended Counterclaim by Counter Defendant B&P Company, Plaintiff B&P Company. (Henderson, Toby) |
| Filing 45 STIPULATION For Extension of Time for Plaintiff to Respond to Jenner Defendants' Amended Counterclaim by Plaintiff B&P Company, Defendants Kristen Jenner, Jenner Communications, Inc.,. (Henderson, Toby) |
| Filing 44 Witness List by Defendant TLK Fusion Entertainment, LLC. (Solle, Susan) |
| Filing 43 Witness List by Counter Defendants B&P Company, B&P Company, Plaintiff B&P Company. (Henderson, Toby) |
| Filing 42 Witness List by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Morman, Carla) |
| Filing 41 Amended COUNTERCLAIM against B&P Company, filed by Jenner Communications, Inc.,, Kristen Jenner. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Greer, David) |
| Filing 40 NOTICE by Plaintiff B&P Company re #39 MOTION for Leave to File TO AMEND COUNTERCLAIM (Henderson, Toby) |
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Notation ORDER granting #39 Motion for Leave to File amended counterclaim. The document must be detached from the motion and filed separately. Signed by Magistrate Judge Michael R Merz on 10/22/2012. (mrm0)
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| Filing 39 MOTION for Leave to File TO AMEND COUNTERCLAIM by Defendants Kristen Jenner, Jenner Communications, Inc.,, Counter Claimants Kristen Jenner, Jenner Communications, Inc.,. (Attachments: #1 Exhibit A) (Greer, David) |
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Filing 38
PROTECTIVE ORDER. Signed by Magistrate Judge Michael R Merz on 08/17/2012. (kf)
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| Filing 37 NOTICE by Defendant TLK Fusion Entertainment, LLC Notice of LLC Members and Residency (Solle, Susan) |
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Filing 36
PRELIMINARY PRETRIAL ORDER AND ORDER REFERRING CASE to Magistrate Judge Michael R Merz : Motions directed to pleadings due by 8/20/2012. Amended Pleadings due by 10/12/2012. Lay Witness due by 10/30/2012. Plaintiff Primary Expert due by 12/31/2012. Defendant Primary Expert due by 12/31/2012. Plaintiff Rebuttal Expert due by 2/28/2013. Defendant Rebuttal Expert due by 2/28/2013. Discovery due by 4/30/2013. Status Conference (following discovery) set for 5/8/2013 at 9:30 AM by telephone before Judge Thomas M Rose. Call-in information will be sent out two (2) weeks prior to Status Conference. Motions not directed to pleadings due by 5/21/2013. Final Pretrial Conference set for 12/15/2013 at 3:00 PM in Chambers before Judge Thomas M Rose. Exhibit Submission for Trial due by 1/2/2014. Jury Trial set for 1/6/2014 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M Rose. Signed by Judge Thomas M Rose on 7/24/12. (ep) Modified correction of final pretrial conference date on 7/25/2012 (ep).
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| Filing 35 NOTICE of Appearance by Thomas Patrick Whelley, II for Defendant TLK Fusion Entertainment, LLC (Whelley, Thomas) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Preliminary Pretrial Conference held on 7/24/2012. (ep) |
| Filing 34 RULE 26(f) REPORT by Plaintiff B&P Company, Defendants Kristen Jenner, Jenner Communications, Inc.,, TLK Fusion Entertainment, LLC. (Henderson, Toby) |
| NOTICE of Hearing: Preliminary Pretrial Conference set for Tuesday, July 24, 2012 at 10:00 a.m. before Judge Thomas M. Rose. Counsel shall call 1-888-684-8852, enter access code 1916636, enter security code 072412 and wait for the Court to join the conference.***Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. (ep) |
| Filing 33 ANSWER to #30 Answer to Complaint, Counterclaim filed by B&P Company. (Henderson, Toby) |
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NOTATION ORDER GRANTING #32 Plaintiff's Motion for Leave to permit Attorney Paul M. Monzione to Appear Pro Hac Vice. Signed by Judge Thomas M Rose on 5/10/12. (cib1)
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| Filing 32 MOTION for Leave to Appear Pro Hac Vice of Paul M. Monzione (Filing fee $ 200, receipt number 0648-3639303) by Plaintiff B&P Company. (Attachments: #1 Exhibit Certificate of Good Standing) (Henderson, Toby) |
| Filing 31 NOTICE by Defendant TLK Fusion Entertainment, LLC Withdrawal of Pro Hac Vice Counsel Nasir N. Pasha (Solle, Susan) |
| Filing 30 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against B&P Company filed by Kristen Jenner, Jenner Communications, Inc.,. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Morman, Carla) |
| Filing 29 Answer and Affirmative Defenses of Defendant TLK Fusion Entertainment, LLC JURY TRIAL DEMANDED ANSWER to #1 Complaint with Jury Demand filed by TLK Fusion Entertainment, LLC. (Solle, Susan) |
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NOTATION ORDER granting #28 Motion for Extension of Time to Answer re #1 Complaint. TLK Fusion Entertainment, LLC answer due 4/30/2012. Signed by Judge Thomas M Rose on 4/4/12. (ep)
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| Filing 28 MOTION for Extension of Time to File Answer re #1 Complaint New date requested 4/30/2012. by Defendant TLK Fusion Entertainment, LLC. (Solle, Susan) |
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Filing 27
ORDER granting #26 Motion for Extension of Time to Answer Kristen Jenner answer due 4/30/2012; Jenner Communications, Inc., answer due 4/30/2012.. Signed by Judge Thomas M Rose on 04/02/12. (pb1)
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| Filing 26 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint New date requested 4/30/2012. by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Morman, Carla) |
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Filing 25
ENTRY AND ORDER DENYING MOTION OF DEFENDANT TLK FUSION ENTERTAINMENT, LLC TO DISMISS, OR IN THE ALTERNATIVE, TO TRANSFER THIS CASE TO THE CENTRAL DISTRICT OF CALIFORNIA, (DOC. #10 ), AND DENYING MOTION OF KRIS JENNER COMMUNICATIONS, INC., AND KRIS JENNER TO DISMISS COMPLAINT FOR LACK OF PERSONAL JURISDICTION, PURSUANT TO FED. R. CIV. P. 12(B)(6), OR IN THE ALTERNATIVE FOR TRANSFER TO THE CENTRAL DISTRICT OF CALIFORNIA, (DOC. 12), AND ORDERING TLK FUSION ENTERTAINMENT, LLC TO DECLARE ITS MEMBERS AND THEIR PLACES OF RESIDENCE. Signed by Judge Thomas M Rose on 03/19/12. (pb1)
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| Filing 24 NOTICE by Plaintiff B&P Company re #1 Complaint of Errata To Exhibit B of Complaint for Recission, Fraud and Deceit, Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Unjust Enrichment and Common Count Indebitatus Assumptis (Attachments: #1 Exhibit B (Corrected)) (Henderson, Toby) |
| Filing 23 REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California filed by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Morman, Carla) |
| Notice of Correction re: 21 Reply to Response to Motion, 22 Reply to Response to Motion (Declaration). DOCUMENTS DELETED. Attorney notified that Declarations/Affidavits cannot stand on the docket alone. Attorney to re-file documents as one document. (mdf1) |
| Filing 22 DOCUMENT DELETED. Attorney to refile with Doc. 21 as one document. REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California filed by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Morman, Carla) Modified on 12/20/2011 (mdf1). |
| Filing 21 DOCUMENT DELETED. Attorney to refile with Doc. 22 as one document. REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California filed by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Morman, Carla) Modified on 12/20/2011 (mdf1). |
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NOTATION ORDER granting #20 Motion for Extension of Time to File Reply re #12 MOTION to Dismiss for Lack of Jurisdiction. Reply due by 12/19/2011. Signed by Judge Thomas M Rose on 12/12/11. (ep)
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| Filing 20 MOTION for Extension of Time to File Response/Reply New date requested 12/19/2011. by Defendants Kristen Jenner, Jenner Communications, Inc.,. (Morman, Carla) |
| Filing 19 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Defendant TLK Fusion Entertainment, LLC. (Solle, Susan) |
| ...re Notation Order dated 12/1/11 mailed to Kathryn Mack; 40 N Main Street 1900 Kettering Tower Dayton, OH 45423; The listed address on the docket by regular mail through clerk (pb1) |
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NOTATION ORDER granting #17 Motion for Leave to Appear Pro Hac Vice of Nasir Pasha. Signed by Judge Thomas M Rose on 12/1/11. (pb1)
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| Filing 18 Filing fee: $200.00, receipt number 300DAY008036 for Pro Hac Vice for Nasir Pasha #17 . (kje1) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice of Nasir Pasha (Filing fee $ 200) by Defendant TLK Fusion Entertainment, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Solle, Susan) |
| Filing 16 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California filed by Plaintiff B&P Company. (Attachments: #1 Exhibit Declaration of Barbara Kathleen Wright, #2 Exhibit 1 to Declaration of Barbara Kathleen Wright, #3 Exhibit 2 to Declaration of Barbara Kathleen Wright, #4 Exhibit 3 to Declaration of Barbara Kathleen Wright, #5 Exhibit 4 to Declaration of Barbara Kathleen Wright, #6 Exhibit 5 to Declaration of Barbara Kathleen Wright, #7 Exhibit 6 to Declaration of Barbara Kathleen Wright, #8 Exhibit 7 to Declaration of Barbara Kathleen Wright) (Henderson, Toby) |
| Filing 15 RESPONSE in Opposition re #10 MOTION to Dismiss filed by Plaintiff B&P Company. (Attachments: #1 Exhibit Declaration of Barbara Kathleen Wright, #2 Exhibit 1 to Declaration of Barbara Kathleen Wright, #3 Exhibit 2 to Declaration of Barbara Kathleen Wright, #4 Exhibit 3 to Declaration of Barbara Kathleen Wright, #5 Exhibit 4 to Declaration of Barbara Kathleen Wright, #6 Exhibit 5 to Declaration of Barbara Kathleen Wright, #7 Exhibit 6 to Declaration of Barbara Kathleen Wright, #8 Exhibit 7 to Declaration of Barbara Kathleen Wright) (Henderson, Toby) |
| Filing 14 Unopposed MOTION for Extension of Time New date requested 11/28/2011. , MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California, #10 MOTION to Dismiss New date requested 11/28/2011. by Plaintiff B&P Company. (Henderson, Toby) |
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NOTATION ORDER granting #13 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California, #10 . Responses due by 11/23/2011. Signed by Judge Thomas M Rose on 11/18/11. (ep)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California, #10 MOTION to Dismiss New date requested 11/23/2011. by Plaintiff B&P Company. (Henderson, Toby) |
| Notice of Correction - Please disregard previous Notice of Correction, Clerical Error (pb1) |
| Notice of Correction re: #11 MOTION to Dismiss,,, Corrected Entry RE #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California by Defendants Kristen Jenner, Jenner Communications, Inc.,. (pb1) Modified on 11/2/2011 (pb1). Modified on 11/3/2011 (pb1). |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California by Defendants Kristen Jenner, Jenner Communications, Inc.,. Responses due by 11/25/2011 (Attachments: #1 Exhibit A) (Greer, David) Modified on 11/2/2011 (pb1). Modified on 11/2/2011 (pb1).(See Notation Order) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), or in the Alternative, for Transfer to the Central District of California by Defendants Kristen Jenner, Jenner Communications, Inc.,, TLK Fusion Entertainment, LLC. Responses due by 11/25/2011 (Attachments: #1 Exhibit A) (Greer, David) |
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Notation ORDER withdrawing #11 Motion to Dismiss for Lack of Jurisdiction on emergency request of counsel: document filed in error. Signed by Magistrate Judge Michael R Merz on 11/1/2011. (mrm0)
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| Filing 10 MOTION to Dismiss by Defendant TLK Fusion Entertainment, LLC. Responses due by 11/21/2011 (Attachments: #1 Exhibit Declaration) (Solle, Susan) |
| Filing 9 SUMMONS Returned Executed as to Defendant Kristen Jenner. Kristen Jenner served on 9/26/2011, answer due 10/17/2011. (Henderson, Toby) |
| Filing 8 WAIVER OF SERVICE Returned Executed. Waiver sent to Jenner Communications, Inc., on 9/26/2011, answer due 11/25/2011. (Henderson, Toby) |
| Filing 7 AFFIDAVIT of Service for Summons; Complaint served on TLK Fusion Entertainment, LLC on 9/9/2011, filed by Plaintiff B&P Company. (Attachments: #1 Affidavit of Process Server) (Henderson, Toby) |
| Filing 6 Summons Issued as to Jenner Communications, Inc.,. (pb1) |
| Filing 5 Summons Issued as to Kristen Jenner, Jenner Communications, Inc., TLK Fusion Entertainment, LLC. (kf) |
| Filing 4 Corporate Disclosure Statement by Plaintiff B&P Company. (Mack, Kathryn) |
| Filing 3 Case transferred in from Cincinnati Division on 08/04/2011 Case Number 1:11-cv-523. Case assigned to Judge Thomas M Rose. (jlw) |
| Filing 2 Civil Filing fee Received: $ 350.00, receipt number 300DAY7431. (kf) |
| ***If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (sct1) |
| NOTICE: If this case is referred, it will be to Magistrate Judge Michael R. Merz. (bac1) |
| Filing 1 COMPLAINT with JURY DEMAND against All Plaintiffs, filed by B&P Company. (Attachments: #1 Exhibit Agreement, #2 Exhibit Contract) (Henderson, Toby) (Additional attachment(s) added on 8/4/2011: #3 Civil Cover Sheet) (bac1). |
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