SASC, LLC v. School Supply Connection, Inc.,
| SASC, LLC d/b/a ACTIVATE LEARNING and SASC, LLC doing business as Activate Learning |
| SCHOOL SUPPLY CONNECTION INC., APLUS SCIENCE and Timothy Peyton |
| School Supply Connection, Inc. |
| SASC, LLC |
| 3:2023cv00083 |
| March 17, 2023 |
| US District Court for the Southern District of Ohio |
| Caroline H Gentry |
| Thomas M Rose |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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Filing 24
ORDER GRANTING DEFENDANT'S REQUEST FOR HEARING AND STAYING ATTACHMENT. Signed by Magistrate Judge Caroline H. Gentry on 5/12/2023. (srb)
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Filing 23
MOTION Discharge Order of Attachment and Hearing Requested by Defendants Aplus Science, Timothy Peyton, School Supply Connection, Inc.. (Attachments: #1 Exhibit A Declaration, #2 Exhibit A 1 Declaration Composite, #3 Exhibit A 2 Termination Letter, #4 Exhibit A 3 Summary of Expenses, #5 Exhibit A 4 Inventory, #6 Exhibit A 5 Credit Memo) (Moore, Erin)
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Filing 22
NOTICE of Appearance by Paul B Roderer, Jr for Defendants Aplus Science, Timothy Peyton, School Supply Connection, Inc. (Roderer, Paul)
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Filing 21
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Attachments: #1 Exhibit A Composit Exhibit, #2 Exhibit B Credit Memo, #3 Exhibit C Term Letter, #4 Exhibit D Sums Due Summary) (Moore, Erin)
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Filing 20
SUMMONS Returned Executed as to Defendant School Supply Connection, Inc. School Supply Connection, Inc., Registered Agent: United States Corporations Agents, Inc., served on 4/28/2023, Answer due 5/19/2023. (bjr)
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Filing 19
Order of Possession Returned Executed. Served on Timothy Peyton, School Supply Connection, Inc., on 4/12/2023. A total of 538 pallets of books were seized and turned over to SASC LLC from 4/10/2023 through 4/12/2023. On 4/12/2023 SASC LLC was unaware of any books that they did not receive per the court order and School Supply Connection was unaware of any books that were not turned over to SASC LLC per the court order. Appraisal of the 538 pallets of books was not feasible from the United States Marshals Service perspective. (bjr)
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Filing 18
CERTIFICATE of Mailing by Clerk - School Supply Connection Inc. School Supply Connection Inc. Serving Registered Agent: United States Corp Agents Inc. 411 Wolf Ledges Pkwy, Ste 201 Akron, OH 443311 Attn: Timothy Peyton (Article Number: 7022 0410 0002 3347 3767). APLUS Science 2798 Edwin Dr. Beavercreek, OH 454346424 Attn: Timothy Peyton (Article Number: 7022 0410 0002 3347 3774). Timothy Peyton. 2798 Edwin Dr.Beavercreek, OH 454346424(Article Number: 7022 0410 0002 3347 3781). (srb)
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Filing 17
NOTICE - re #14 . (srb) (Additional attachment(s) added on 4/25/2023: #2 Main Document) CA needed to correct documents (srb).
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Filing 16
NOTICE by Plaintiff SASC, LLC of Filing Proof of Agreed Service of Process on Defendants Tim Peyton and APlus Science (Attachments: #1 Exhibit A) (Richards, John)
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Filing 15
AFFIDAVIT of Service for Complaint served on School Supply Connection Inc. on 04/03/2023, filed by Plaintiff SASC, LLC. (Richards, John)
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Filing 14
NOTICE by Plaintiff SASC, LLC re #10 Order,,, of Filing Praecipe Under Ohio Revised Code Section 2715.045 (Attachments: #1 Exhibit A Notice of Order of Attachment, #2 Exhibit B Request for Hearing form, #3 Exhibit C [ECF 4] SASCs Ex Parte Motion for Issuance of Prejudgment Orders of Attachment, #4 Exhibit D [ECF 10] Courts Order granting SASCs Motion for Orders of Attachment) (Richards, John)
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Filing 13
ORDER - Accordingly, the Court's April 3, 2023 Order of Possession (ECF No. #9 ) is hereby MODIFIED so as to waive the condition that it come into effect only upon Plaintiff's filing of a bond. That Order is therefore effective immediately. The United States Marshal is directed to proceed as otherwise set forth therein, and a certified copy of the present Order shall constitute authority for the Marshal to do so. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 4/7/2023. (srb)
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Filing 12
NOTICE by Defendant School Supply Connection, Inc. (Roderer, Paul)
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Filing 11
NOTICE by Plaintiff SASC, LLC re #9 Order,,, of Filing Praecipe Under Ohio Revised Code Section 2737.19 (Attachments: #1 Exhibit A Notice of Order of Possession, #2 Exhibit B Request for Hearing form, #3 Exhibit C [ECF 3] SASCs Ex Parte Motion for Issuance of Prejudgment Order of Possession, #4 Exhibit D [ECF 9] Courts Order granting SASCs Motion for Order of Possession) (Richards, John)
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Filing 10
***STAYS ORDER OF ATTACHMENT PER ORDER #24 *** OPINION AND ORDER - The Court therefore ORDERS as follows: Plaintiff's Ex Parte Motion for Issuance of Prejudgment Orders of Attachment is GRANTED. The United States Marshal is commanded to attach and take into its custody the property, hereinafter described, of Defendants School Supply Connection, Inc., Aplus Science, and Timothy Peyton. The United States Marshal shall hold such property in a secure place pending further order of this Court. If removal of the property from the place(s) in which it is detained is prohibitively costly or difficult, the Marshal shall notify this Court immediately and shall conspicuously post a notice of possession at the place(s) where the property is detained. A certified copy of this Order shall constitute authority for the United States Marshal to proceed as directed above. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 4/3/2023. (srb) Modified on 5/12/2023 edit text (srb).
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Filing 9
OPINION AND ORDER - The Court therefore ORDERS as follows: Plaintiffs Ex Parte Motion for Issuance of Prejudgment Order of Possession is GRANTED. Effective upon the filing by Plaintiff of the bond described below, the United States Marshal is commanded to take possession of the property herein identified and deliver it to Plaintiff's above address. If removal of the property from the place(s) in which it is detained is prohibitively costly or difficult, the Marshal shall notify this Court immediately and shall conspicuously post a notice of possession at the place(s) where the property is detained. A certified copy of this Order shall constitute authority for the United States Marshal to proceed as directed above. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 4/3/2023. (srb)
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Filing 8
NOTATION ORDER Granting #5 Motion for Leave to Appear Pro Hac Vice of Joseph J. Mamounas and Adrian Nuez as co-counsel. Signed by Magistrate Judge Caroline H. Gentry on March 31, 2023. (jlk) Modified on 4/3/2023. (sln).
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Filing 7
NOTICE by Plaintiff SASC, LLC re #5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number AOHSDC-9338408) of Joseph J. Mamounas and Adrian Nunez Filing Certificates of Good Standing from Supreme Court of Florida (Attachments: #1 Exhibit 1 Cert of Good Standing Supreme Court of FL for Joseph Mamounas, #2 Exhibit 2 Cert of Good Standing Supreme Court of FL for Adrian Nunez) (Richards, John)
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Filing 6
Notice of Deficiency re: The submitted certificate is not from the highest court of a State. Related Document: #5 MOTION for Leave to Appear Pro Hac Vice of Joseph J. Mamounas and Adrian Nunez filed by SASC, LLC. Deficiency Deadline by 4/12/2023. (bjr)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number AOHSDC-9338408) of Joseph J. Mamounas and Adrian Nunez by Plaintiff SASC, LLC. (Attachments: #1 Exhibit Joseph J. Mamounas Certificate of Good Standing, #2 Exhibit Adrian Nunez Certificate of Good Standing) (Richards, John)
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Filing 4
APPLICATION for Writ of Plaintiff's SASC, LLC's Ex Parte Motion for Issuance of Prejudgment Orders of Attachment by Plaintiff SASC, LLC. (Attachments: #1 Declaration of Eric Johnson, #2 Text of Proposed Order, #3 Text of Proposed Order, #4 Text of Proposed Order) (Richards, John)
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Filing 3
APPLICATION for Writ of Plaintiff's Ex Parte Motion For Issuance of Prejudgment Order of Possession by Plaintiff SASC, LLC. (Attachments: #1 Declaration of Eric Johnson, #2 Text of Proposed Order) (Richards, John)
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Filing 2
Summons Issued as to All Defendants. (bjr)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9326514), filed by SASC, LLC d/b/a ACTIVATE LEARNING. (Attachments: #1 Civil Cover Sheet, #2 Summons Form School Supply Connection Inc., #3 Summons Form Timothy Peyton, #4 Summons Form APlus Science) (Richards, John)
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