Belfor U.S.A. Group, Inc. v. Salem Consumer Square OH LLC et al
| Belfor U.S.A. Group, Inc. |
| Salem Consumer Square OH LLC, Nations Roof of Ohio, LLC, Leon Williams, Jr. and Moonbeam Capital Investments, LLC |
| 3:2021cv00078 |
| March 5, 2021 |
| US District Court for the Southern District of Ohio |
| Caroline H Gentry |
| Walter H Rice |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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Filing 52
DECISION AND ENTRY ADOPTING [REPORT AND] RECOMMENDATIONS OF UNITED STATES BANKRUPTCY COURT JUDGE FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION AT DAYTON, TO REMAND CAUSE OF ACTION TO THE MONTGOMERY COUNTY, OHIO, COURT OF COMMON PLEAS, GENERAL DIVISION (DOC. #46 ); OBJECTIONS TO REPORT AND RECOMMENDATIONS BY DEFENDANT LEON WILLIAMS,JR., AND DEFENDANT MOONBEAM CAPITAL INVESTMENTS, LLC (DOC. #48 ), AND OBJECTIONS TO REPORT AND RECOMMENDATIONS BY SALEM CONSUMER SQUARE OH, LLC (DOC. #49 ), ARE OVERRULED; MOTION TO REMAND OR TO ABSTAIN FROM HEARING [MONTGOMERY COUNTY, OHIO, COMMON PLEAS] STATE COURT ACTION (DOC. #23 ) IS SUSTAINED; MOTION TO CHANGE [TRANSFER] VENUE TO THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA, AT PITTSBURGH (DOC. #15 ), MOTION TO STAY ACTION PENDING [RESOLUTION OF THE] BANKRUPTCY PROCEEDINGS [IN THE WESTERN DISTRICT OF PENNSYLVANIA, AT PITTSBURGH] AND MOTION FOR PROTECTIVE ORDER (DOC. #28 ) AND MOTION TO HOLD FURTHER PROCEEDINGS IN ABEYANCE UNTIL THE BANKRUPTCY COURT [IN THE WESTERN DISTRICT OF PENNSYLVANIA, AT PITTSBURGH] ADJUDICATES PLAINTIFF'S CLAIM (DOC. #30 ) ARE EACH OVERRULED; DIRECTING CLERK OF COURT TO REMAND CASE TO THE MONTGOMERY COUNTY, OHIO, COURT OF COMMON PLEAS, GENERAL DIVISION; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/1/22. (pb)
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NOTATION ORDER sustaining #51 Motion for Telephonic Status Conference. Signed by Judge Walter H. Rice on 09/20/2022. (tp)
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Filing 51
MOTION Telephonic Status Conference by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 50
Response in Support of Judge Humphrey's Report and Recommendations by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 49
OBJECTION to #46 Report and Recommendations by Cross Defendant Salem Consumer Square OH LLC, Defendant Salem Consumer Square OH LLC. (Sturm, Kerri)
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Filing 48
OBJECTION to #46 Report and Recommendations by Defendant Leon Williams, Jr. and by Defendant Moonbeam Capital Investments, LLC. (Sandner, Michael)
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Filing 47
SCHEDULING ORDER FOR THE FILING OF WRITTEN OBJECTIONS TO THE RECOMMENDATIONS MADE TO THIS COURT BY UNITED STATES BANKRUPTCY JUDGE FOR THE SOUTHERN DISTRICT OF OHIO, GUY R. HUMPHREY (DOC. #46 ); OBJECTIONS TO BE FILED ON OR BEFORE MAY 13, 2022, WITH ALL RESPONSES FILED WITHIN FOURTEEN DAYS OF RECEIPT OF SAID OBJECTIONS. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F. 2d 947, 949-50 (6th Cir. 1981). Signed by Judge Walter H. Rice on 4/25/2022. (bjr)
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Filing 46
REPORT AND RECOMMENDATIONS re #23 MOTION to Remand: The Bankruptcy Judge recommends that the District Court for the Southern District of Ohio remand Case No. 3:21-cv-78 to the Montgomery County (Ohio) Court of Common Pleas to allow Belfor to pursue its state law causes of action against Moonbeam and Williams. Alternatively, permissive abstention is appropriate. This court does not recommend holding the litigation in abeyance until the determination of the AP, or referring it, pursuant to 28 U.S.C. 1412, to the United States District Court for the Western District of Pennsylvania. Signed by Bankruptcy Judge Guy R. Humphrey on 4/22/2022. (er)
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***Civil Case Terminated. (bjr)
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Filing 45
ORDER - It is hereby ordered that the above captioned cause be administratively processed. Case referred to United States Bankruptcy Judge for Report and Recommendations; as soon as Court receives same, case will be re-activated on docket of District Court; this is not a termination Entry, as case remains viable. (bjr)
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Case Stayed. RE #45 Order - Case referred to United States Bankruptcy Judge for Report and Recommendations; as soon as Court receives same, case will be re-activated on docket of District Court; this is not a termination entry, as case remains viable. (bjr)
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Filing 44
ORDER REFERRING CASE TO THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION AT DAYTON FOR FURTHER PROCEEDINGS PURSUANT TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, AMENDED GENERAL ORDER NO. 05-02 (AMENDED STANDING ORDER OF REFERENCE); RULINGS ON MOTIONS (DOC. #15, 23, 28 AND 30) STAYED PENDING REPORT AND RECOMMENDATION FROM THE UNITED STATES BANKRUPTCY COURT. Signed by Judge Walter H. Rice on 3/4/2022. (bjr)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 3/1/2022. (djv)
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Minute Entry for proceedings held: Telephone Conference held on 2/25/2022. The Court will speak with counsel on Tuesday, March 1, 2022. (tp)
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Filing 43
Notice of Deficiency re: The filing fee was not submitted with the motion. The fee can be paid #online. Please scroll down to the event called, Pay Fees Via Pay.gov to pay the required fee. Related Document: #38 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Michael Leo Pomeranz filed by Belfor U.S.A. Group, Inc.. Deficiency Deadline by 3/9/2022. (bjr)
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Filing fee: $ 200, receipt number AOHSDC-8737636 - Related Document: #38 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Michael Leo Pomeranz filed by Belfor U.S.A. Group, Inc... (Cardone, Thomas)
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NOTATION ORDER granting #38 Motion for Admission Pro Hac Vice of Michael Leo Pomeranz as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Caroline H. Gentry on 2/23/2022. (bjr)
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Filing 42
Proposed Pretrial Order by Plaintiff Belfor U.S.A. Group, Inc.. (Attachments: #1 Plaintiff's Trial Exhibit List, #2 Plaintiff's Trial Witness List) (Cardone, Thomas)
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NOTATION ORDER sustaining #37 Motion for Telephonic Status Conference. Signed by Judge Walter H. Rice on 02/22/2022. (tp)
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Filing 41
NOTICE of Appearance by Kerri Lynn Sturm for Cross Defendant Salem Consumer Square OH LLC, Defendant Salem Consumer Square OH LLC (Sturm, Kerri)
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Filing 40
Proposed Pretrial Order Granting Motion Fr Admission Pro Hac Vice by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 39
NOTICE by Plaintiff Belfor U.S.A. Group, Inc. re #38 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Michael Leo Pomeranz Certificate of Good Standing (Cardone, Thomas)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Michael Leo Pomeranz by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 37
MOTION for Telephonic Status Conference by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 36
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Caroline H. Gentry for all further proceedings. Magistrate Judge Sharon L. Ovington no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 2/8/22. (jcw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 35
PRELIMINARY PRETRIAL ORDER: Case is referred to Magistrate Judge Sharon L. Ovington Motions due by 2/15/2022. Proposed Final Pretrial Order due by 2/22/2022. Exhibit List due by 2/25/2022. Final Pretrial Conference set for 3/1/2022 05:00 PM by Teleconference before Judge Walter H. Rice. Jury Trial set for 3/14/2022 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 12/28/21. (bjr)
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Filing 34
REPLY to Response to Motion re #30 MOTION to Stay (Motion to Hold Further Proceedings in Abeyance Until the Bankruptcy Court Adjudicates Plaintiff's Claim) filed by Defendant Salem Consumer Square OH LLC. (Greenfield, Harry)
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Filing 33
RESPONSE in Opposition re #30 MOTION to Stay (Motion to Hold Further Proceedings in Abeyance Until the Bankruptcy Court Adjudicates Plaintiff's Claim) filed by Plaintiff Belfor U.S.A. Group, Inc.. (Attachments: #1 Exhibit 1 - Order to Compel., #2 Exhibit 2 - Transfer Agreement., #3 Exhibit 3 - Discovery Responses - No. 17, #4 Exhibit 4 - Salems Second Amended Chapter 11 Plan of Reorganization Dated September 10, 2021 4820-4892) (Cardone, Thomas)
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Filing 32
RESPONSE in Opposition re #28 MOTION to Stay Defendants Moonbeam Capital Investments and Leon Williams Jrs Motion to Stay Action Pending Bankruptcy Proceedings and Motion for Protective Order filed by Plaintiff Belfor U.S.A. Group, Inc.. (Attachments: #1 Exhibit 1 - State Court Order, #2 Exhibit 2 - Transfer Agreement, #3 Exhibit 3 - Moonbeam discovery, #4 Exhibit 4 - Stip re discover) (Cardone, Thomas)
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Filing 31
BRIEF by Cross Defendant Salem Consumer Square OH LLC, Defendant Salem Consumer Square OH LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Greenfield, Harry)
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Filing 30
MOTION to Stay (Motion to Hold Further Proceedings in Abeyance Until the Bankruptcy Court Adjudicates Plaintiff's Claim) by Cross Defendant Salem Consumer Square OH LLC, Defendant Salem Consumer Square OH LLC. (Greenfield, Harry)
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Filing 29
BRIEF by Defendant Moonbeam Capital Investments, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Sandner, Michael)
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Filing 28
MOTION to Stay Defendants Moonbeam Capital Investments and Leon Williams Jrs Motion to Stay Action Pending Bankruptcy Proceedings and Motion for Protective Order by Defendant Moonbeam Capital Investments, LLC. (Sandner, Michael)
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NOTICE - If case is to be referred, it will be Magistrate Judge Sharon L. Ovington (pb)
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Filing 27
REPLY to Response to Motion re #23 MOTION to Remand or Abstain from Hearing State Court Action (II) Opposition to the Response to Plaintiff's Motion filed by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/25/2021, (Jury Trial set for 3/14/2022 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice., Pretrial Conference set for 3/1/2022 05:00 PM in Teleconference before Judge Walter H. Rice.). Scheduling Order to be filed. (tp)
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Filing 26
RULE 26(f) REPORT of Parties by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 25
RESPONSE to Motion re #23 MOTION to Remand or Abstain from Hearing State Court Action filed by Defendant Salem Consumer Square OH LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Greenfield, Harry)
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NOTICE: Telephone Conference set for 5/24/2021 04:00 PM is cancelled. The Telephone Conference set for 5/25/2021 04:00 PM in Teleconference before Judge Walter H. Rice remains set. (tp)
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Filing 24
RESPONSE to Motion re #15 MOTION to Change Venue [Motion to Transfer Venue], filed by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 23
MOTION to Remand or Abstain from Hearing State Court Action by Plaintiff Belfor U.S.A. Group, Inc.. (Attachments: #1 Exhibit 1 - Order, #2 Exhibit 2 - Compel) (Cardone, Thomas)
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Filing 22
NOTICE of Appearance by John J. Richardson for Defendant Salem Consumer Square OH LLC (Richardson, John)
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Filing 21
SCHEDULING STIPULATION AND ORDER - The d Parties, through their counsel, agree and stipulate as follows: 1. Any opposition to the Motion to Transfer Venue [Pkt 15] shall be filed on or before May 3, 2021; 2. Any motion seeking to remand and/or abstain with respect to this Action shall be filed on or before May 3, 2021. 3. The Parties' Rule 26(f) Report shall be submitted on or before May 17, 2021; and 4. The initial conference with the Court shall be held on or after May 24, 2021, subject to the Court's schedule and availability. Signed by Judge Walter H. Rice on 4/8/21. (pb)
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NOTATION ORDER sustaining #19 Motion for Extension of Time to File Rule 26(f) Report. Signed by Judge Walter H. Rice on 04/06/2021. (tp)
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Filing 20
Proposed Pretrial Order Scheduling Stipulation and Proposed Order by Plaintiff Belfor U.S.A. Group, Inc.. (Cardone, Thomas)
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Filing 19
MOTION for Extension of Time to File New date requested 4/19/2021. Defendants Salem Consumer Square OH LLC and Moonbeam Capital Investments LLC's Stipulated Motion to Extend Time for Filing Rule 26(F) Report by Defendant Salem Consumer Square OH LLC. (Sandner, Michael)
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NOTATION ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of Kirk B. Burkley Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Walter H. Rice on 03/23/2021. (jmb)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8229409) of Kirk B. Burkley by Cross Defendant Salem Consumer Square OH LLC, Defendant Salem Consumer Square OH LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Greenfield, Harry)
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NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Michael Jacobson as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Walter H. Rice on 03/19/2021. (jmb)
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Filing 17
NOTICE by Plaintiff Belfor U.S.A. Group, Inc. STATEMENT PURSUANT TO RULE 9027(e)(3) OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE (Cardone, Thomas)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8224928) of Michael Jacobson by Plaintiff Belfor U.S.A. Group, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Cardone, Thomas)
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Filing 15
MOTION to Change Venue [Motion to Transfer Venue], by Defendant Salem Consumer Square OH LLC. (Greenfield, Harry)
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Filing 14
(Copy of) FIRST AMENDED ANSWER to #6 Amended Complaint, filed by Moonbeam Capital Investments, LLC, Salem Consumer Square OH LLC.(Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 11/25/2020) (jmb)
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Filing 13
(Copy of) ANSWER to #5 Complaint filed by Leon Williams, Jr.(Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 11/24/2020) (jmb)
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Filing 12
(Copy of) SUGGESTION OF BANKRUPTCY Upon the Record as to Defendant Salem Consumer Square OH LLC (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 01/05/2021) (jmb)
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Filing 11
(Copy of) ANSWER to #6 Plaintiff's Amended Complaint, filed by Moonbeam Capital Investments, LLC, Salem Consumer Square OH LLC. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 11/25/2020). (jmb) (Main Document 11 replaced on 3/5/2021) (jmb).
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Filing 10
(Copy of) CONSOLIDATION ORDER OF COMMON PLEAS COURT - Case No.2020-CV-01027 and Case No. 2020-CV-02130 (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 11/19/2020) (jmb)
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Filing 9
(Copy of) ANSWER to #4 Crossclaim of Defendant Nations Roof of Ohio, LLC filed by Moonbeam Capital Investments, LLC, and Salem Consumer Square OH LLC. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 06/05/2020) (jmb).
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Filing 8
(Copy of) ANSWER to #6 First Amended Complaint, filed by Nations Roof of Ohio, LLC.(Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 06/05/2020) (jmb)
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Filing 7
(Copy of) Plaintiff's Reply to #4 Answer to Complaint and Counterclaim of Nations Roof of OH, LLC, filed by Belfor U.S.A. Group, Inc. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 05/29/2020) (jmb)
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Filing 6
(Copy Of) AMENDED COMPLAINT against Moonbeam Capital Investments, LLC, Nations Roof of Ohio, LLC, and Salem Consumer Square OH LLC, filed by Belfor U.S.A. Group, Inc. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 05/22/2020) (jmb)
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Filing 5
(Copy of) COMPLAINT with JURY DEMAND against Leon Williams, Jr., filed by Belfor U.S.A. Group, Inc. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 2130 on 05/26/2020) (jmb)
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Filing 4
(Copy of) ANSWER to #2 Complaint; CROSSCLAIM against Salem Consumer Square OH LLC, and Moonbeam Capital Investments, LLC; and COUNTERCLAIM against Belfor U.S.A. Group, Inc. filed by Nations Roof of Ohio, LLC. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 04/24/2020) (jmb)
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Filing 3
(Copy of) ANSWER to #2 Complaint, with Jury Demand filed by Moonbeam Capital Investments, LLC, and Salem Consumer Square OH LLC.(Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 04/24/2020) (jmb)
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Filing 2
(Copy of) COMPLAINT with JURY DEMAND against Moonbeam Capital Investments, LLC, Nations Roof of Ohio, LLC, Salem Consumer Square OH LLC, filed by Belfor U.S.A. Group, Inc. (Originally filed in the Common Pleas Court of Montgomery County, Case No. 2020 CV 1027 on 02/26/2020). (jmb)
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Filing 1
NOTICE OF REMOVAL from Mongomery County Common Pleas, case number 2020 CV 01027 ( Filing fee $ 402 paid - receipt number: AOHSDC-8202386), filed by Salem Consumer Square OH LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Salem & Moonbeam Answer, #3 Exhibit C - Nations Roof Answer, etc., #4 Exhibit D - Amended Complaint, #5 Exhibit E - Pltfs Reply to Counterclaim, #6 Exhibit F - Nations Roof Answer to Amended Complaint, #7 Exhibit G - Salem/Moonbeam Answer to Crossclaim, #8 Exhibit H - Salem/Moonbeam Answer to Amended Complaint, #9 Exhibit I - Consolidation Order, #10 Exhibit J - Salem/Moonbeam Amended Answer, #11 Exhibit K - Suggestion of Bankruptcy re Salem, #12 Exhibit L - Pltfs Motion to Modify Order, #13 Exhibit M - Moonbeams Response to Motion, #14 Exhibit Pltfs Reply to Moonbeam, #15 Exhibit 1 - Williams Complaint, #16 Exhibit 2 - Williams Answer, #17 Civil Cover Sheet, #18 Supplemental Civil Cover Sheet) (Greenfield, Harry)
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