Petti v. Fraker
Plaintiff: Chuck Petti
Defendant: Cameron Daley Fraker
Intervenor Plaintiff: U.S. Lighting Group, Inc.
Consolidated Plaintiff: Paul Spivak and Intellitronix Corporation
Case Number: 1:2020cv00156
Filed: August 19, 2020
Court: US District Court for the District of Wyoming
Presiding Judge: Alan B Johnson
Referring Judge: Kelly H Rankin
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Filing 98 NOTICE of Attorney Appearance by Ryan Wright on behalf of Intellitronix Corporation, Paul Spivak, U.S. Lighting Group, Inc. Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Wright, Ryan)
October 8, 2020 Filing 97 MINUTES for proceedings held before Honorable Alan B. Johnson: Status Conference held on 10/8/2020. (Court Reporter: Monique Gentry) Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Court Staff, sbh)
October 6, 2020 FINANCIAL ENTRY: Payment of $200 received for pro hac vice fees for Aaron M Minc and Andrew C Stebbins. Receipt CHY033722. Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Court Staff, sjk)
October 6, 2020 Opinion or Order Filing 96 ORDER by the Honorable Kelly H. Rankin granting (94), (95) in case 1:20-cv-00156-ABJ Motions to appear pro hac vice admitting Aaron M. Minc and Andrew C. Stebbins for Paul Spivak, U.S. Lighting Group Inc, Intellitronix Corp. Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Court Staff, sbh)
October 5, 2020 Filing 95 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Andrew Stebbins to appear pro hac vice; Check tendered; filed by Consolidated Plaintiffs Intellitronix Corporation, Paul Spivak, Consolidated Counter Defendant Paul Spivak, Intervenor Plaintiff U.S. Lighting Group, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Certificate Good Standing)Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Wright, Ryan) Removed restriction and modified text on 10/6/2020 (Court Staff, sbh).
October 5, 2020 Filing 94 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Aaron Minc to appear pro hac vice; Check tendered; filed by Consolidated Plaintiffs Intellitronix Corporation, Paul Spivak, Consolidated Counter Defendant Paul Spivak, Intervenor Plaintiff U.S. Lighting Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit Certificate Good Standing)Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Wright, Ryan) Removed restriction and modified text on 10/6/2020 (Court Staff, sbh).
October 1, 2020 Filing 93 (TEXT-ONLY) NOTICE of Hearing: Status Conference set for 10/8/2020 at 10:30 AM BY TELEPHONE before Honorable Alan B Johnson. All parties shall appear by telephone through the Courts conference call system. Guests call:Toll Free 866-434-5269 | Access code 1316504# | Join as guest Press # | Security code 1001# Associated Cases: 1:20-cv-00156-ABJ, 1:20-cv-00157-ABJ, 1:20-cv-00158-ABJ (Court Staff, ssw)
August 19, 2020 Filing 92 Case transferred in from District of Ohio Northern; Case Number 1:18-cv-00615.
August 19, 2020 Opinion or Order Filing 91 Order that the motion of Fraker to dismiss USLG's amended complaint (ECF #74 in 1:18cv615, 90 in 1:19cv87 and 29 in 1:19cv966) is hereby granted except that the relief accorded Fraker shall be the transfer of USLG's amended complaint to the United States District Court for the District of Wyoming; Further Ordered that all remaining aspects of these three consolidated cases shall be transferred to the United States District Court for the District of Wyoming; and Further Ordered that the Clerk of Court shall forthwith transfer Case Nos. 1:18CV615, 1:19CV87, and 1:19CV966 to the United States District Court for the District of Wyoming. Signed by Magistrate Judge William H. Baughman, Jr., on 8/19/20. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
July 3, 2020 Opinion or Order Order [non-document] The oral argument scheduled in this case on July 7, 2020 at 3:00 p.m. is hereby postponed. Further orders regarding proceedings in these cases to issue. Magistrate Judge William H. Baughman, Jr., on 7/3/20. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 24, 2020 Opinion or Order Order [non-document] rescheduling zoom oral argument for 7/7/2020 at 03:00 PM before Magistrate Judge William H. Baughman Jr. Magistrate Judge William H. Baughman, Jr on 6/24/20. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 19, 2020 Opinion or Order Filing 90 Order setting oral argument on motion for 6/29/20 at 11:00am on zoom. Signed by Magistrate Judge William H. Baughman, Jr., on 6/19/20. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 11, 2020 Opinion or Order Order [non-document] The Court will conduct a oral argument on all dispositive motion on all claims on 6/29/20 at 11:00am. This hearing will take place using the Zoom technology. A separate order setting out the procedures for the hearing will follow. Magistrate Judge William H. Baughman, Jr., on 6/11/20.Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2020 Filing 89 Reply in Support of Motion to Dismiss filed by Cameron D. Fraker. Related document(s)( #74 in 1:18-cv-00615-WHB, 29 in 1:19-cv-00966-WHB, 90 in 1:19-cv-00087-WHB). (Attachments: #1 Brief in Support) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 10, 2020 Filing 88 Brief In Opposition to Defendant's Motion to Dismiss filed by U.S. Lighting Group, Inc.. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
March 9, 2020 Filing 87 Reply To Defendant's Brief in Opposition to Plaintiff's Partial Motion for Summary Judgment on Plaintiff's Claims for Defamation and Deceptive Trade Practices filed by Intellitronix Corporation, Paul Spivak. Related document(s)(82 in 1:18-cv-00615-WHB). (Attachments: #1 Exhibit 1 - ROR, #2 Exhibit 2 - ROR subpoena response and sign up steps, #3 Exhibit 3 - Decl. of Paul Spivak Part 1, #4 Exhibit 3 - Decl. of Paul Spivak Part 2, #5 Exhibit 3 - Decl. of Paul Spivak Part 3, #6 Exhibit 4 - Email dated 7.7.16 from Fraker, #7 Exhibit 5 - Text message dated 10.1.16, #8 Exhibit 6 - Transcript of 10.2.19 Status Conf., #9 Exhibit 7 - Email dated 5.11.16, #10 Exhibit 8 - USLG warranty, #11 Exhibit 9 - Def. Answer to second set of discovery) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
March 9, 2020 Filing 86 Reply to Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment on Defendant's filed by Paul Spivak. Related document(s)(33 in 1:19-cv-00966-WHB). (Attachments: #1 Exhibit 1 to reply to counter claims - Email dated 7.13.16, #2 Exhibit 2 Reply to counterclaims BIO - OTC markets chart) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
March 4, 2020 Filing 85 Reply to Defendant's Brief in Opposition to Plaintiff's Motion to Strike filed by Intellitronix Corporation, Paul Spivak. Related document(s)(39 in 1:19-cv-00966-WHB). (Attachments: #1 Exhibit 1 - Def. answers to first set of Discovery, #2 Exhibit 2 - Def. Answers to Pl. Intell. First set of discovery, #3 Exhibit 3 - Def. Initial Disclosures, #4 Exhibit 4 - Excerpts from Frakers deposition, #5 Exhibit 5 - Def. Answers to Pls combined second set of discovery) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 26, 2020 Filing 84 Brief in Opposition to Plaintiffs' Paul Spivak and Intellitronix Corporation Motion to Strike References to Hearsay Evidence and Declaration of Jason Atkinson filed by Cameron D. Fraker. Related document(s)( #75 in 1:18-cv-00615-WHB, 30 in 1:19-cv-00966-WHB, 91 in 1:19-cv-00087-WHB). (Attachments: #1 Brief in Support, #2 Exhibit A - November 22, 2019 Correspondence from Kristy Wedell to Aaron Minc, #3 Exhibit B - November 15, 2018 Transcript of Record) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 25, 2020 Filing 83 Reply in Support of Motion for Summary Judgment on Plaintiff Paul Spivak's Complaint filed by Cameron D. Fraker. Related document(s)(67 in 1:19-cv-00087-WHB). (Attachments: #1 Brief in Support) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 24, 2020 Filing 82 Brief in Opposition to Plaintiff Intellitronix Corporation's Motion for Partial Summary Judgment on Liability for Its Claims of Defamation and Deceptive Trade Practices filed by Cameron Daley Fraker. Related document: No 27 in 1:19-cv-00966-WHB. (Attachments: #1 Brief in Support) Associated Cases: 1:19-cv-00966-WHB, 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 24, 2020 Filing 81 Reply in Support of Motion for Summary Judgment on Defendant's Counterclaims filed by Cameron D. Fraker. Related document(s)(72 in 1:19-cv-00087-WHB). (Attachments: #1 Brief in Support) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 24, 2020 Filing 80 SEALED Document: Notice of Filing Confidential Deposition Testimony of Paul Spivak filed by Cameron D. Fraker. Related document(s) (33 in 1:18-cv-00615-WHB, #44 in 1:19-cv-00087-WHB), (33 in 1:19-cv-00966-WHB, 94 in 1:19-cv-00087-WHB, 78 in 1:18-cv-00615-WHB). (Wedell, Kristin) Modified on 2/24/2020, filer notified of error with certificate of service page (H,SP). [Transferred from Ohio Northern on 8/19/2020.]
February 24, 2020 Filing 79 Deposition of Malcolm Schneider taken on 09/18/2019 filed by Cameron D. Fraker. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 24, 2020 Filing 78 Brief in Opposition to Plaintiff Paul Spivak's Motion for Summary Judgment on Defendant Cameron Daley Fraker's Counterclaims, filed by Cameron D. Fraker. Related document(s)(82 in 1:19-cv-00087-WHB). (Attachments: #1 Brief in Support, #2 Appendix 1 - Excerpts From Malcolm Schneider Deposition) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 12, 2020 Filing 77 Brief in Opposition to Defendant Frakers Motion for Summary Judgment on Plaintiff Spivak's Complaint, filed by Intellitronix Corporation, Paul Spivak. (Attachments: #1 Appendix App. 1 Deposition excerpts, #2 Exhibit 1 - Rip Off Report, #3 Exhibit 2A - Chart of Bulbs, #4 Exhibit 2B - Chart of Bulbs, #5 Exhibit 2C - Chart of Bulbs, #6 Exhibit 3 - Email 9.26.17, #7 Exhibit 4 - Text Message From 10.31.17, #8 Exhibit 5 - Email 7.7.16, #9 Exhibit 6 - Text Message 10.1.16, #10 Exhibit 7 - Email 12.5.17, #11 Exhibit 8 - Def's Res. to First Set of Discovery) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 12, 2020 Filing 76 Brief in Opposition to Defendant Fraker's Motion for Summary Judgement on Defendant's Counterclaims filed by Paul Spivak. (Attachments: #1 Appendix Deposition Excerpts, #2 Exhibit 1 - Def Responses to Second Set of Discovery, #3 Exhibit 2 - Email 4.13.16, #4 Exhibit 3 - Email 4.22.16 and Testimony, #5 Exhibit 4 - Text Message 10.1.16, #6 Exhibit 5 - USLG Letter, #7 Exhibit 6 - Chart of Bulb Deliveries, #8 Exhibit 7A - Affidavit of P. Spivak Part 1, #9 Exhibit 7B - Affidavit of P. Spivak Part 2, #10 Exhibit 7C - Affidavit of P. Spivak Part 3, #11 Exhibit 8 - Affidavit of J. Duncan, #12 Exhibit 9 - Affidavit of C. Scott, #13 Exhibit 10 - Affidavit of S. McHune, #14 Exhibit 11 - Email 7.13.16, #15 Exhibit 12 - Wire Transfers) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 12, 2020 Filing 75 Motion to strike References to Hearsay Evidence and Declaration of Jason Atkinson filed by Intellitronix Corporation, Paul Spivak. (Attachments: #1 Appendix Frakers Depo excerpts, #2 Appendix Spivaks Depo excerpt, #3 Exhibit Order Granting Judgment, #4 Exhibit Rip Off Report, #5 Exhibit Def. Res to Interrogs and Productions, #6 Exhibit Def. Res to Second set of Interrogs and Production, #7 Exhibit Hearing transcript from 10.2.19, #8 Exhibit Email dated 8.22.19, #9 Exhibit Email dated 9.27.19)Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 10, 2020 Filing 74 Motion to dismiss Pursuant to Civil Rules 12(B)(2), 12(B)(3), and 12(B)(6) filed by Defendant Cameron D. Fraker. Related document(s)( #86 in 1:19-cv-00087-WHB, #69 in 1:18-cv-00615-WHB). (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Cameron Daley Fraker) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 3, 2020 Filing 73 Returned Mail addressed to Party Chuck Petti. Envelope marked, "Return to Sender, Attempted - Not Known, Unable to Forward". Related document(s) #67 . (W,CM) [Transferred from Ohio Northern on 8/19/2020.]
January 29, 2020 Filing 72 Original Summons issued to counsel for service upon Cameron Daley Fraker. (L,MI) [Transferred from Ohio Northern on 8/19/2020.]
January 28, 2020 Filing 70 Praecipe for issuance of Original Summons filed by U.S. Lighting Group, Inc.. (Attachments: #1 Summons Summons to serve Intervening Plaintiff First Amended Complaint, #2 Complaint Intervening Plaintiff First Amended Complaint)(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 27, 2020 Filing 71 Returned Mail addressed to Party Chuck Petti. Return to sender attempted not known unable to forward. Related document(s) #66 . (J,FE) [Transferred from Ohio Northern on 8/19/2020.]
January 27, 2020 Filing 69 First Amended complaint against Cameron D. Fraker. Filed by U.S. Lighting Group, Inc.. (Attachments: #1 Exhibit Confidentiality Agreement, #2 Exhibit First USLG Exclusive Distributor Agreement, #3 Exhibit Second USLG Exclusive Distributor Agreement, #4 Exhibit Ripoff Report) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 27, 2020 Filing 68 Notice of Filing Intervening Plaintiff USLG's First Amended Complaint for money damages and injunctive relief filed by U.S. Lighting Group, Inc. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron). [Transferred from Ohio Northern on 8/19/2020.]
January 24, 2020 Opinion or Order Filing 67 Order that Xcentric's motion to intervene (ECF #12, Case No. 1:19CV 966) is denied. FURTHER ORDERED that USLG's motion to intervene (ECF #22 , Case No. 1:18CV615; ECF #34, Case No. 1:19CV87) is granted; and FURTHER ORDERED that USLG's complaint attached to its motion to intervene (ECF #22 -2, Case No. 1:18CV615; ECF #34-2, Case No. 1:19CV87) is deemed filed as of the date of this order. Signed by Magistrate Judge William H. Baughman, Jr., on 1/24/20. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
January 24, 2020 Copy of #67 Order on Motion to intervene as a party mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 1/24/20. Related document(s) #67 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
January 17, 2020 Opinion or Order Filing 66 Order. Plaintiffs Spivak and Intellitronixs motion to deem improper responses as admissions pursuant to Fed. R. Civ. P. 36 (ECF #55 and #56 , Case No. 1:18CV615; ECF #65 and #66 , Case No. 1:19CV87; ECF #14 and #15 , Case No. 1:19CV966) is denied; Plaintiffs Spivak and Intellitronix's motion for leave to exceed page limitations (ECF #60 , Case No. 1:18CV615; ECF #71 , Case No. 1:19CV87; ECF #20 , Case No. 1:19CV966) is denied; Defendant's motion for an emergency hearing (ECF #63 , Case No. 1:18CV615; ECF #77 , Case No. 1:19CV87; ECF #23 , Case No. 1:19CV966) is denied; the Clerk of Court must remove from the record in these consolidated cases motions for summary judgment Plaintiffs Spivak and Intellitronix previously filed that exceed the page limit (ECF #61 , Case No. 1:18CV615; ECF #73 , #74 , and #75 , Case No. 1:19CV87; ECF #21 , Case No. 1:19CV966); Plaintiffs Spivak and Intellitronix must file and serve by Friday, January 24, 2020, any motions for summary judgment in compliance with the page limit set forth in the Local Rules, Defendant must file and serve by Monday, February 24, 2020, any opposition to those motions, and Plaintiffs Spivak and Intellitronix must file by Monday, March 9, 2020, any reply briefs in support of their motions for summary judgment. Signed by Magistrate Judge William H. Baughman, Jr. on 1/17/2020. (Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB) (S,S) [Transferred from Ohio Northern on 8/19/2020.]
January 17, 2020 Filing 65 Brief in Opposition to Joint Motion of Plaintiffs Paul Spivak and Intellitronix Corporation for Leave to Exceed Page Limitations, filed by Cameron D. Fraker. Related document(s) #60 in 1:18-cv-00615-WHB, 20 in 1:19-cv-00966-WHB, 71 in 1:19-cv-00087-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 17, 2020 Copy of #66 Order mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 1/17/2020. (S,S) [Transferred from Ohio Northern on 8/19/2020.]
January 16, 2020 Filing 64 Supplemental Brief in Support of Motion for Emergency Hearing to Include Additional Evidence filed by Cameron D. Fraker. Related document(s)(63 in 1:18-cv-00615-WHB). (Attachments: #1 Exhibit A - Text messages from Aaron Minc to Jason Atkinson) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 14, 2020 Filing 63 Motion for emergency hearing filed by Defendant Cameron D. Fraker. (Attachments: #1 Exhibit A - Transcription of voicemail from Aaron Minc to Jason Atkinson, #2 Exhibit B - Text message from Aaron Minc to Jason Atkinson)Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 14, 2020 Filing 62 Transcript of Status Conference held on October 2, 2019 before Magistrate Judge William H. Baughman, Jr. To obtain a copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [34 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/21/2020. Redaction Request due 2/4/2020. Redacted Transcript Deadline set for 2/14/2020. Release of Transcript Restriction set for 4/13/2020. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB (T,S) [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 61 STRICKEN per #66 . Statement of Facts Combined Statement of Facts in Support of Motion for Summary Judgment filed by All Plaintiffs. Related document(s)(71 in 1:19-cv-00087-WHB, 60 in 1:18-cv-00615-WHB, 20 in 1:19-cv-00966-WHB). (Attachments: #1 Exhibit Exhibit 1 - RipOff Report, #2 Exhibit Exhibit 2 - Chart of All Payments, #3 Exhibit Exhibit 3 - Signed Declaration of P. Spivak, #4 Exhibit Exhibit 4 - Depo Transcript of Defendant, #5 Exhibit Exhibit 5 - Def Answers to Second Set of Discovery, #6 Exhibit Exhibit 6 - Confidentiality Agreement, #7 Exhibit Exhibit 7 - USLG Exclusive Agreement 10142015, #8 Exhibit Exhibit 8 - Selected Testimony of P. Spivak, #9 Exhibit Exhibit 9 - Outgoing FED Message Ref 0124, #10 Exhibit Exhibit 10 - PayPal Receipt, #11 Exhibit Exhibit 11 - Outgoing FED Message Ref 0211, #12 Exhibit Exhibit 12 - Outgoing FED Message Ref 0236, #13 Exhibit Exhibit 13 - Invoice 01062016, #14 Exhibit Exhibit 14 - Invoice 02022016, #15 Exhibit Exhibit 15 - Email 01272016, #16 Exhibit Exhibit 16 - Text Message 02032016, #17 Exhibit Exhibit 17 - Email 04132016, #18 Exhibit Exhibit 18 - Email 04222016, #19 Exhibit Exhibit 19 - Email 04282016, #20 Exhibit Exhibit 20 - Email 03102017, #21 Exhibit Exhibit 21 - USLG Agreement 03142016, #22 Exhibit Exhibit 22 - Email 03172016, #23 Exhibit Exhibit 23- Outgoing FED Message Ref 0229, #24 Exhibit Exhibit 24 - Outgoing FED Message Ref 0139, #25 Exhibit Exhibit 25 - Email 05092016, #26 Exhibit Exhibit 26 - Email 04292016, #27 Exhibit Exhibit 27 - Email 05112016, #28 Exhibit Exhibit 28 - Email 05112016 (2), #29 Exhibit Exhibit 29 - USLG Letter 05112016, #30 Exhibit Exhibit 30 - USLG Letter 05112016 (2), #31 Exhibit Exhibit 31 - Email 05182016, #32 Exhibit Exhibit 32 - Email 05202016, #33 Exhibit Exhibit 33 - Email 05242016, #34 Exhibit Exhibit 34 - Email 06012016, #35 Exhibit Exhibit 35 - Email 06022016, #36 Exhibit Exhibit 36 - Affidavit of S. Slenski, #37 Exhibit Exhibit 37 - Email 07072016, #38 Exhibit Exhibit 38 - Shipping Label 08032016, #39 Exhibit Exhibit 39 - Road Runner Receipt 09082016, #40 Exhibit Exhibit 40 - Shiiping Order 09152016, #41 Exhibit Exhibit 41 - Email 12272016, #42 Exhibit Exhibit 42 - Email 12212016, #43 Exhibit Exhibit 43 - Invoice Ref 1440, #44 Exhibit Exhibit 44 - Invoice Ref 1439, #45 Exhibit Exhibit 45 - Road Runner Receipt 02102017, #46 Exhibit Exhibit 46 - Invoice Ref 1456, #47 Exhibit Exhibit 47 - Invoice Ref 1455, #48 Exhibit Exhibit 48 - Email 03092017, #49 Exhibit Exhibit 49A - Email 05082017, #50 Exhibit Exhibit 49B - Email 05122017, #51 Exhibit Exhibit 49C - Email 05162017, #52 Exhibit Exhibit 50A - Invoice Ref 1497, #53 Exhibit Exhibit 50B - Invoice Ref 1501, #54 Exhibit Exhibit 50C - Invoice Ref 1502, #55 Exhibit Exhibit 50D - Invoice Ref 1503, #56 Exhibit Exhibit 51 - Shipping Label 06152017, #57 Exhibit Exhibit 52 - Shipping Label 08162017, #58 Exhibit Exhibit 53 ABC - Emails 09122017, #59 Exhibit Exhibit 53 BC - Emails 09262017, #60 Exhibit Exhibit 54 - Email 12052017, #61 Exhibit Exhibit 55 - Text Message 10312017, #62 Exhibit Exhibit 56 -Def Answer to First Set of Discovery, #63 Exhibit Exhibit 57 - Declaration of Xcentric, #64 Exhibit Exhibit 58 - Email re ROR 01192018, #65 Exhibit Exhibit 59 - Email 01152019, #66 Exhibit Exhibit 60A - Letter to Judge 08222019, #67 Exhibit Exhibit 60B - Letter to Judge 09182019, #68 Exhibit Exhibit 60C - Letter to Judge 09272019, #69 Exhibit Exhibit 61 - Affidavit of J. Duncan, #70 Exhibit Exhibit 62 - Affidavit of C. Scott, #71 Exhibit Exhibit 63 - Affidavit of S. McHone)(Minc, Aaron) Modified stricken on 1/21/2020 (D,Ky). [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 60 Joint Motion for leave to exceed page limitations, filed by Intellitronix Corporation, Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 59 Deposition of Olga Smirnova taken on 09/18/19 filed by Cameron D. Fraker. Related document(s)(16 in 1:19-cv-00966-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 58 Deposition of Cameron Daley Fraker taken on 03/26/19 filed by Cameron D. Fraker. Related document(s)(16 in 1:19-cv-00966-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 57 Deposition of Paul Spivak taken on 03/25/19 filed by Cameron D. Fraker. Related document(s)(16 in 1:19-cv-00966-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 10, 2020 Filing 56 Motion to Deem Improper Responses as Admissions Pursuant to Fed. R. Civ. P. 36 filed by Plaintiff Paul Spivak. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - RipOff Report, #3 Exhibit 2 - Defendant's Answers to Plaintiff's Second Set of DIscovery, #4 Exhibit 3 - Deposition Transcript of Defendant, #5 Exhibit 4 - Letter to Defendant, #6 Exhibit 5 - Follow Up Letter to Defendant). Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 10, 2020 Filing 55 Motion to Deem Improper Responses as Admissions Pursuant to Fed. R. Civ. P. 36 filed by Plaintiff Paul Spivak. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB, 1:19-cv-00966-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
December 26, 2019 Filing 54 Reply to Third Party Defendant Xcentric Ventures, LLC's Motion to Intervene filed by Cameron Daley Fraker, Cameron D. Fraker. Related document(s)(12 in 1:19-cv-00966-WHB). (Attachments: #1 Brief in Support) Associated Cases: 1:19-cv-00966-WHB, 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
November 22, 2019 Filing 53 Supplemental Initial Disclosures filed by Cameron D. Fraker. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB, 1:19-cv-00966-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
October 3, 2019 Opinion or Order Filing 52 Order to Show Cause why case should not be dismissed for want of prosecution under Federal Rule of Civil Procedure 41(b). Petti must file his show cause on or before October 13, 2019. Signed by Magistrate Judge William H. Baughman, Jr., on 10/3/19. (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
October 3, 2019 Opinion or Order Filing 51 First Amended Case Management Plan and Order. Discovery as to liability on the claims and counterclaims asserted must be completed by December 6, 2019. Motions for summary judgment and briefs in support as to liability must be filed and served by January 13, 2020. Oppositions to motions for summary judgment must be filed by February 12, 2020. Reply briefs, if any, in support of motions for summary judgment may be filed by February 26, 2020. Signed by Magistrate Judge William H. Baughman, Jr., on 10/3/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
October 3, 2019 Copy of #50 Minutes of status conference, #51 Amended Case Management pland and order and #52 Order to Show Cause, mailed to Chuck Petti,34099 Melinz Pkwy, Unit E,Eastlake, OH 44095 on 10/3/19. Related document(s) #51 , #50 , #52 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
October 2, 2019 Filing 50 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Status conference conducted. Separate orders to issue. (Court Reporter: S. Trischan.) Time: 1 hour 30 minutes. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
September 30, 2019 Filing 48 Supplemental Initial Disclosures Pursuant to Rule 26(e) filed by Paul Spivak, U.S. Lighting Group, Inc.. (Attachments: #1 Exhibit Cover Sheet - Confidential). (Related document(s)(21 in 1:18-cv-00615-WHB, 33 in 1:19-cv-00087-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
September 5, 2019 Filing 47 Proposed Stipulation for Leave to Plead to Answer Plaintiffs' Combined Second Set of Interrogatories, Requests for Admissions, and Requests for Production filed by Cameron D. Fraker. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
August 23, 2019 Opinion or Order Filing 46 Minute Order Status conference conducted. Fact discovery is proceeding consistent with the schedule set by the Case Management Plan and Order and, therefore, should be completed by October 18, 2019. Counsel jointly advised that no party anticipates retaining an expert as to liability. Upon the completion of fact discovery the parties are prepared to proceed to summary judgment briefing on liability. Counsel anticipate cross-motions for summary judgment. The parties reserve the option to retain experts as to damages should the Court deny the liability summary judgment motions in whole or in part. Accordingly, I hereby set the following schedule for liability summary judgment briefing: Motions for summary judgment must be filed on or before November 22, 2019. Oppositions must be filed on or before January 10, 2020. Replies must be filed by January 24, 2020. A separate order as to summary judgment briefing will issue. Counsel brought to the Courts attention that subpoenas for email and telephone records had issued but inadvertently may have not been served upon opposing counsel. I hereby order that those subpoenas be withdrawn without prejudice. Counsel are to meet and confer on or before September 6, 2019 as to the documents subpoenaed to address, including but not limited to, issues of privilege and proportionality. Counsel must file a joint report on their meet and confer discussions on or before September 10, 2019. signed by Magistrate Judge William H. Baughman, Jr., on 8/23/19. Time 30 minutes. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
August 23, 2019 Copy of #46 Minute Order _ Status Conference mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095, on 8/23/19. Related document(s) #46 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
August 21, 2019 Filing 45 Supplement to Notice - Affidavit of Service, filed by Paul Spivak. Related document(s)(43 in 1:18-cv-00615-WHB). (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
August 9, 2019 Filing 44 Plaintiff's Notice of Subpoena to Google LLC filed by Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
August 9, 2019 Filing 43 Plaintiff's Notice of Filing Subpoena to Xcentric Ventures LLC filed by Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
August 9, 2019 Filing 42 Subpoena Returned Executed; served upon AT&T c/o Subpoena Compliance Center by fax on 8/8/2019 filed by Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
August 9, 2019 Filing 41 Attorney Appearance of Andrew Stebbins by Aaron M. Minc filed by on behalf of Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
August 6, 2019 Filing 40 Notice to Attend October 2, 2019 Status Conference By Telephone filed by Cameron D. Fraker. Related document(s)(39 in 1:18-cv-00615-WHB, 50 in 1:19-cv-00087-WHB).Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
July 31, 2019 Opinion or Order Filing 39 Order scheduling status conference for 10/2/2019 at 01:30 PM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 7/31/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
July 31, 2019 Opinion or Order Filing 38 Order scheduling status conference for 8/23/2019 at 11:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 7/31/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
July 31, 2019 Opinion or Order Order [non-document] Under the terms of the case management plan and order entered in this case (ECF #35 ), the plaintiffs motion for summary judgment (ECF #10 ) was premature and therefore, was denied without prejudice to refiling consistent with the schedule to be set by the Court. Defendant Cameron Frackers motion for an extension of time to respond to that motion for summary judgment (ECF #37 ) is therefore denied as moot. Magistrate Judge William H. Baughman, Jr., on 7/31/19.(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
July 31, 2019 Copy of 7/31/19 non-document order on Motion for extension of time, #38 Order, #39 Order mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 7/31/19. Related document(s) #39 , #38 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
July 1, 2019 Filing 37 Motion for extension of time of 60 days to Respond to Plaintiff Paul Spivak's Motion for Summary Judgment filed by Defendant Cameron D. Fraker. Related document(s) (20 in 1:19-cv-00087-WHB), (21 in 1:19-cv-00087-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
June 27, 2019 Filing 36 Joint Status Report filed by Cameron D. Fraker. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
June 24, 2019 Opinion or Order Filing 35 Case Management Plan and Order This case has been assigned to the standard track. Fact discovery is due by 10/18/19. On or before 6/27/19, counsel must meet and confer. On or before 6/28/19 counsel must file a joint report certifying full compliance with the requirements of paragraph 10 of this order. Pro se plaintiff Petti must have counsel file an appearance on the docket by 7/9/19 if he choses to retain counsel. In case 1:18cv615 motions #10 , #12 , #15 , #18 , #19 , #24 , #27 , #30 and #32 are denied in light of the terms of this order. In case 1:19cv87 motions (18), (21), (35), (38), and (43) are denied in light of the terms of this order and (29) is granted. Signed by Magistrate Judge William H. Baughman, Jr., on 6/24/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 24, 2019 Copy of #35 Order mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095, on 6/24/19. Related document(s) #35 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 20, 2019 Copy of Status Conference, mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 6/20/19. (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 19, 2019 Filing 34 Answer to Defendant's Counterclaims filed by Paul Spivak. (Related document(s) #26 ). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
June 18, 2019 Minutes of proceedings [non-document] before Magistrate Judge William H. Baughman, Jr. Status conference and case management conference held on 6/18/19. Separate order to issue. (Court Reporter: G. Staiduhar.) Time: 1 hour 30 minutes. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 18, 2019 Filing 33 Confidentially Agreement regarding confidential documents. Signed by Magistrate Judge William H. Baughman, Jr., on 6/18/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 18, 2019 Copy of #33 Protective Order mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 6/18/19. Related document(s) #33 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 14, 2019 Filing 32 Motion to compel discovery filed by Defendant Cameron D. Fraker. (Attachments: #1 Brief in Support, #2 Exhibit A - March 11, 2019 Email and Discovery Requests, #3 Exhibit B - April 9, 2019 Email Exchange Among Counsel, #4 Exhibit C - April 9, 2019 Correspondence to Plaintiff's Counsel, #5 Exhibit D - Spivak Deposition, Pages 61-62). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
June 11, 2019 Filing 31 Brief in Opposition to Plaintiff Paul Spivak's Motion to Strike Defendant's Motion to Deem Requests for Admissions Admitted filed by Cameron D. Fraker. Related document(s)(38 in 1:19-cv-00087-WHB, 27 in 1:18-cv-00615-WHB). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
June 10, 2019 Filing 30 Reply to Defendant Fraker's Brief in Opposition filed by U.S. Lighting Group, Inc. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
June 5, 2019 Filing 29 Joint Status Report filed by Paul Spivak. (Attachments: #1 Exhibit Cameron Daley Fraker's deposition transcript, #2 Exhibit Emails between counsel, #3 Exhibit Paul Spivak's deposition transcript, #4 Exhibit Email from Aaron Minc dated March 22, 2019). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
June 5, 2019 Filing 28 Brief in Opposition to Motion to Intervene filed by Cameron D. Fraker. (Related document(s) #34 in 1:19-cv-00087-WHB, 22 in 1:18-cv-00615-WHB). (Attachments: #1 Memorandum in Opposition) Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
May 29, 2019 Filing 27 Motion to strike Defendant Cameron D. Fraker's Motion to Deem Requests For Admissions Admitted and Reply Brief filed by Plaintiff Paul Spivak. (Related document(s) #35 , #37 ). (Attachments: #1 Exhibit Deposition Transcripts of Paul Spivak). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 29, 2019 Filing 26 Reply Brief in Support of Motion to Deem Admissions Admitted filed by Cameron D. Fraker. (Related document(s) #35 ). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
May 24, 2019 Filing 25 Brief in Opposition to Defendant's Motion to Deem Admissions Admitted filed by Paul Spivak. (Related document(s) #35 ). (Attachments: #1 Exhibit Emails between counsel discussing deadline for discovery). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 23, 2019 Filing 24 Motion to Deem Admissions Admitted filed by Defendant Cameron D. Fraker. (Attachments: #1 Brief in Support, #2 Exhibit A - Email, Correspondence, and Discovery Requests Directed to Plaintiff Paul Spivak, #3 Exhibit B - Email Exchange Of Counsel Regarding Discovery Responses, #4 Exhibit C - April 9, 2019 Correspondence Regarding Discovery Disputes). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
May 23, 2019 Filing 23 Initial Disclosures filed by Chuck Petti. (W,CM) [Transferred from Ohio Northern on 8/19/2020.]
May 22, 2019 Filing 22 Motion to intervene as a party filed by U.S. Lighting Group, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit U.S. Lighting Group Inc. Complaint against Cameron D. Fraker). Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 22, 2019 Filing 21 Initial Disclosures filed by Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 22, 2019 Filing 20 Initial Disclosures filed by Cameron D. Fraker. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
May 21, 2019 Filing 19 Motion for extension of time until 06/20/2019 to Answer Defendant Fraker's Counterclaims filed by Plaintiff Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 21, 2019 Filing 18 Motion for leave for fourteen days from the date of ruling on remand if denied and, Motion to stay ruling on Defendant's Motion to consolidate pending ruling on Motion to Remand filed by Plaintiff Paul Spivak. Associated Cases: 1:19-cv-00087-WHB, 1:18-cv-00615-WHB(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
May 7, 2019 Opinion or Order Filing 17 Order Initial disclosures due by 5/22/19. Joint report setting out discovery due by 6/5/19. Status Conference set for 6/18/2019 at 01:30 PM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 5/7/19. Associated Cases: 1:18-cv-00615-WHB, 1:19-cv-00087-WHB(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
May 7, 2019 Copy of #17 Order, mailed to Chuck Petti, 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 5/7/19. Related document(s) #17 . (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
April 29, 2019 Consent [non-document] of the parties to this case being transferred to the docket of William H. Baughman, Jr. for further proceedings. (See April 5, 2019 Minutes of Proceedings for parties' consent). Entered on behalf of Judge Dan Aaron Polster on 4/29/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 29, 2019 Copy of [non-document] Consent to Magistrate Judge mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 4/29/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 29, 2019 Magistrate Judge William H. Baughman, Jr assigned to case, pursuant to consent. Judge Dan Aaron Polster terminated. (B,R) [Transferred from Ohio Northern on 8/19/2020.]
April 24, 2019 Copy of [non-document] Minutes of Settlement Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 4/24/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 24, 2019 Minutes of proceedings [non-document] The Court held a settlement conference in the consolidated cases (Nos. 1:18 cv 615 and 1:19 cv 87) on April 24, 2019. Attending were Pro Se Plaintiff Chuck Petti, Plaintiff Paul Spivak and his counsel Aaron Minc, Defendant Cameron Daley Fraker, his counsel Craig Cobb and Kristin Wedell, and his insurance representative Kathy McKeon. As a result of discussions, the Court's mediation efforts were unsuccessful. Consequently, the Court will refer this case, per the parties' consent (See 4/5/2019 Minutes of Proceedings), to the magistrate judge. The Court will not issue the formal Referral Order until it is determined whether both cases can be referred to one magistrate judge, and who that magistrate judge will be. (Court Reporter: n/a.) Time: 2 hours. Associated Cases: 1:18-cv-00615-DAP, 1:19-cv-00087-DAP(K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 18, 2019 Opinion or Order Filing 16 Opinion and Order. For the reasons stated in the Order Defendant's Motion to dismiss for lack of jurisdiction is DENIED. (Related Doc #9 ). Signed by Judge Dan Aaron Polster on 4/18/2019.(W,CM) [Transferred from Ohio Northern on 8/19/2020.]
April 5, 2019 Copy of [non-document] Minutes of Telephone Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 4/5/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 5, 2019 Minutes of proceedings [non-document] Scheduled teleconference held in the consolidated cases on April 5, 2019 with Pro Se Plaintiff Chuck Petti, Plaintiff Paul Spivak and his Attorney Aaron Minc, Defendant Cameron Fraker and his Attorneys Craig Cobb (Petti case), Kristin Wedell (Spivak case) and Fraker's insurance representative Brian Slowinski. At that time, the parties agreed to the following schedule. The Court will hold a Settlement Conference beginning at 1:30 p.m. on Wednesday, April 24, 2019 with the in-person attendance of counsel, clients, and Fraker's insurance representative. To that end, Plaintiffs shall submit a reasonable written demand with a proof of damages to Defense counsel and the Court no later than 12 noon on Friday, April 12, 2019. Defendant shall submit a reasonable written counteroffer to Plaintiffs and the Court no later than 12 noon on Thursday, April 18. The Court expects the parties to continue negotiations and submit to the Court no later than 12 noon on Tuesday, April 23, 2019, a joint statement detailing the status of their discussions and anything they believe will assist the Court in mediating the consolidated cases. The parties agreed that, should the Court's settlement efforts fail on April 24, they consent to the jurisdiction of the Magistrate Judge. (Court Reporter: n/a.) Time: 15 minutes. Associated Cases: 1:18-cv-00615-DAP, 1:19-cv-00087-DAP(K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 3, 2019 Filing 15 Motion to strike Plaintiff's Motion for Summary Judgment and/or alternatively brief in opposition to it filed by Defendant Cameron Daley Fraker. Related document(s) #10 . (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
April 3, 2019 Filing 14 Reply in support of #10 Motion for judgment on the pleadings or in the Alternative, Motion for summary judgment filed by Cameron Daley Fraker. (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
April 3, 2019 Filing 13 Reply in support of #9 Motion to dismiss for lack of jurisdiction filed by Cameron Daley Fraker. (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
April 3, 2019 Notice [non-document] of Telephone Conference set for 4/5/2019 at 12:30 PM before Judge Dan Aaron Polster. Associated Cases: 1:18-cv-00615-DAP, 1:19-cv-00087-DAP (K,K) [Transferred from Ohio Northern on 8/19/2020.]
April 3, 2019 Copy of [non-document] Notice of Hearing or Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 4/3/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Filing 12 Opposition to #9 Motion to Dismiss for Failure of Service and Personal Jurisdiction, Opposition to #10 Defendant's Motion for Summary Judgment and Motion for Summary Judgment with Memorandum in Support filed by Plaintiff Chuck Petti. (Attachments: #1 Exhibit A - Declaration in Suport of Plaintiff Chuck Petti's Motion for Summary Judgment, #2 Exhibit C - Declaration of Robert J. Allen, #3 Exhibit D - Proof of Service Petti v. Fracker, #4 Exhibit E - Ripoff Report)(W,CM) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Copy of [non-document] Order dated 3/18/2019 mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 3/18/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Opinion or Order Order [non-document] In reviewing the Minutes of Proceedings dated 2/15/2019 in the related Petti/Spivak cases, the Court realized that the schedule for briefing Cameron Fraker's #10 motion for summary judgment included a deadline for Petti to file an Opposition Brief (3/18/2019), but did not include a deadline for Fraker to file a reply brief. The deadline for filing a reply brief in the Petti case is 4/3/2019. Entered on behalf of Judge Dan Aaron Polster on 3/18/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
February 19, 2019 Copy of [non-document] Minutes of Telephone Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 2/18/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
February 19, 2019 Set Deadlines and Hearings: Discovery due by 3/29/2019. Response as to Motion for judgment on the pleadings or in the Alternative, Summary JudgmentMotion for summary judgment due 4/29/2019. Related document(s) #10 . (K,K) [Transferred from Ohio Northern on 8/19/2020.]
February 15, 2019 Minutes of proceedings [non-document] The Court recently reviewed a Complaint assigned to me that was filed by Paul Spivak against Cameron Fraker, No. 1:19 CV 87 (the Spivak case), and which is directly related to another of my cases filed by Chuck Petti against Cameron Fraker, No. 1:18 CV 615 (the Petti case). The Court held a teleconference on February 15, 2019 with Pro Se Plaintiff Chuck Petti, Mr. Spivak's counsel, Aaron Minc, and Attorney Craig Cobb, who represents Cameron Fraker in the Petti case, but has not yet been retained by Fraker in the Spivak case. At that time, the Court stated that it intended to consolidate the cases since they are brought by two executives of U.S. Lighting Group who claim that USLG's distributor, Cameron Fraker, defamed them based on the very same Ripoff Reports posted by Fraker on January 22, 2018. The Court converted the Motion for Judgment on the Pleadings filed by Fraker in the Petti case into a Motion for Summary Judgment--and ordered Plaintiffs in both cases to file a response brief. The Court granted Petti's Motion for Extension of Time to March 18, 2019 to file a response brief. The Court also granted Attorney Minc's request for 30 days of discovery before responding to the Summary Judgment Motion. Accordingly, the deadline for discovery in the Spivak case is March 29, 2019, and the deadline for Spivak to file a response to the Summary Judgment Motion is April 29, 2019. Nothing further was scheduled. (Related document #11 in 1:18-cv-00615-DAP). (Court Reporter: n/a.) Time: 15 minutes. Associated Cases: 1:18-cv-00615-DAP, 1:19-cv-00087-DAP(K,K) [Transferred from Ohio Northern on 8/19/2020.]
February 13, 2019 Filing 11 Motion for extension of time until March 4, 2019 to respond to motions filed by Plaintiff Chuck Petti. Related document(s) #9 , #10 . (S,SR) [Transferred from Ohio Northern on 8/19/2020.]
January 31, 2019 Filing 10 Motion for judgment on the pleadings or in the Alternative, Motion for Summary Judgment filed by Defendant Cameron Daley Fraker. (Cobb, Craig). Added Motion for summary judgment on 2/1/2019 (L,Ja). [Transferred from Ohio Northern on 8/19/2020.]
January 30, 2019 Filing 9 Motion to dismiss for lack of jurisdiction filed by Defendant Cameron Daley Fraker. (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
December 13, 2018 Minutes of proceedings [non-document] Scheduled teleconference held on 12/13/2018 with Plaintiff Chuck Petti and Defendant Cameron Daley Fraker and his counsel Craig S. Cobb. The parties reported that they had not moved from their initial settlement positions. The Court reminded the parties that the deadline for discovery in this case is December 31, 2018, and the deadline for dispositive motions is January 31, 2019. Nothing further was scheduled. (Court Reporter: n/a.) Time: 15 minutes. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
December 12, 2018 Filing 8 Position Statement re: Case Management Conference Agenda filed by All Defendants. (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
December 3, 2018 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Scheduled teleconference held on November 30, 2018 with Pro Se Plaintiff Petti and Defendant Fraker and his counsel Craig Cobb and Claim Rep Brian Slowenski. After discussing the status of discovery, the Court scheduled a followup teleconference beginning at 2:30 p.m. on December 13, 2018. We will carry out the December 13 teleconference in the same manner as the one on November 30, 2018. Also, the parties shall submit position letters to the Court no later than 12 noon on December 12, 2018. (Court Reporter: n/a.) Time: 15 mins. (W,CM) Modified text on 12/4/2018 (W,CM). [Transferred from Ohio Northern on 8/19/2020.]
October 18, 2018 IMPORTANT: Notice [non-document] Telephone Conference reset for 11/30/2018 at 03:30 PM before Judge Dan Aaron Polster. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
October 18, 2018 Copy of [non-document] Notice of Hearing or Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 10/18/2018. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
October 15, 2018 Copy of non-document Minutes of Telephone Conference mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 10/15/2018. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
October 15, 2018 Minutes of proceedings [non-document] Scheduled teleconference held on 10/15/18. Attending were Plaintiff Chuck Petti, represented pro se, Defenant Cameron Daley Fraker represented by Craig S. Cobb, Brian Slowinski, claims adjuster for Farmers Insurance, and Mr. Lopicolo, with whom Mr. Petti applied for a job in Spring, 2018. Defendant stated that he had not been able to take depositions of Plaintiff or Mr. Lopicolo. Defendant also stated he has been unable to remove a negative post about Mr. Petti from the Ripoff Report website. Defendant has joined a state lawsuit in Lake County Common Pleas to attempt to get Ripoff Report to remove the post, but Ripoff Report has so far been successful in resisting taking down any posts. The Court directed the parties to take depositions by Thursday, November 15, 2018. The Court scheduled a follow-up teleconference with counsel and clients at 4:00 pm on Thursday, November 29, 2018. Call-in instructions will be the same as for today's teleconference. (Court Reporter: n/a.) Time: 15 minutes. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
October 15, 2018 Filing Error - Incorrect Case. Minutes of proceedings [non-document] before Judge Dan Aaron Polster.Case Management Conference held on 10/15/2018. Case settled. (Court Reporter: n/a.)Time: 2 hours. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
July 23, 2018 Opinion or Order Filing 7 Case Management Conference Plan/Order. Case is assigned to the standard track. Discovery due by 12/31/2018. Parties to be Joined and Pleading Amendments due by 10/1/2018. Dispositive Motions due by 1/31/2019. Telephone Conference set for 10/15/2018 at 11:00 AM with attorneys, clients and insurers before Judge Dan Aaron Polster. Signed by Judge Dan Aaron Polster on 7/23/2018. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
July 19, 2018 Filing 6 Report of Parties' Planning Meeting Under Fed. R. Civ. P26(f) and L.R. 16.3(b) - parties do not consent to this case being assigned to the magistrate judge. Filed by Cameron Daley Fraker. (Cobb, Craig) Modified text on 7/20/2018 (D,Ky). [Transferred from Ohio Northern on 8/19/2020.]
June 12, 2018 Opinion or Order Filing 5 Case Management Conference Scheduling Order with case management conference to be held on 7/23/2018 at 01:00 PM at Courtroom 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 7/19/2018. Signed by Judge Dan Aaron Polster on 6/12/2018. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
June 12, 2018 Filing 4 Answer to #1 Complaint with Jury Demand filed by Cameron Daley Fraker. (Cobb, Craig) [Transferred from Ohio Northern on 8/19/2020.]
June 12, 2018 Copy of #5 Case Management Conference Scheduling Order mailed to Chuck Petti at 34099 Melinz Pkwy, Unit E, Eastlake, OH 44095 on 6/12/2018. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
May 29, 2018 Filing 3 Return of Service by Clerk unexecuted upon Cameron Daley Fraker. Service attempted by certified mail on 5/22/2018 filed on behalf of Chuck Petti Related document(s) #1 , #2 . (W,CM) [Transferred from Ohio Northern on 8/19/2020.]
March 19, 2018 Judge Dan Aaron Polster assigned to case. (S,SR) [Transferred from Ohio Northern on 8/19/2020.]
March 19, 2018 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,SR) [Transferred from Ohio Northern on 8/19/2020.]
March 16, 2018 Filing 2 Original Summons and Magistrate Consent Form issued to plaintiff over the counter for service upon Cameron Daley Fraker. (Attachments: #1 Magistrate Consent Form) (S,SR) [Transferred from Ohio Northern on 8/19/2020.]
March 16, 2018 Filing 1 Complaint with jury demand against Cameron Daley Fraker. Filing fee paid, $400. Receipt # 14660103152. Filed by Chuck Petti. (Attachments: #1 Civil Cover Sheet) (S,SR) [Transferred from Ohio Northern on 8/19/2020.]

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Search for this case: Petti v. Fraker
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Defendant: Cameron Daley Fraker
Represented By: Paul J. Schumacher, Jr.
Represented By: Kristin L. Wedell
Represented By: Craig S. Cobb
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Intervenor plaintiff: U.S. Lighting Group, Inc.
Represented By: Aaron M. Minc
Represented By: Aaron M Minc
Represented By: Andrew C Stebbins
Represented By: Ryan Wright
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Plaintiff: Chuck Petti
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Consolidated plaintiff: Paul Spivak
Represented By: Aaron M Minc
Represented By: Andrew C Stebbins
Represented By: Ryan Wright
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Consolidated plaintiff: Intellitronix Corporation
Represented By: Aaron M Minc
Represented By: Andrew C Stebbins
Represented By: Ryan Wright
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