Spivak v. Fraker
Plaintiff: Paul Spivak
Defendant: Cameron D. Fraker
Intervenor Plaintiff: U.S. Lighting Group, Inc.
Case Number: 1:2020cv00157
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 115 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 114 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 113 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 112 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 111 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 110 (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 109 Case transferred in from District of Ohio Northern; Case Number 1:19-cv-00087.
August 19, 2020 Opinion or Order Filing 108 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 107 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 106 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 105 Brief In Opposition to Defendant's Motion to Dismiss filed by U.S. Lighting Group, Inc. Related document(s) ( #90 in 1:19-cv-00087-WHB) 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 104 Reply to Defendant's Brief in Opposition to Plaintiffs' Partial Motion for Summary Judgment on Plaintiffs' Claims for Defamation and Deceptive Trade Practices filed by Intellitronix Corporation, Paul Spivak. Related document(s)(82 in 1:18-cv-00615-WHB) ( #82 , #98 in 1:19-cv-00087-WHB). (Attachments: #1 Exhibit 1 - Ripoff Report, #2 Exhibit 2 - Ripoff Report subpoena response and sign up steps, #3 Exhibit 3 - Declaration of Paul Spivak Part 1, #4 Exhibit 3 - Declaration of Paul Spivak Part 2, #5 Exhibit 3 - Declaration of Paul Spivak Part 3, #6 Exhibit 4 - Email dated 7/7/2016 from Fraker, #7 Exhibit 5 - Text message dated 10/1/2016, #8 Exhibit 6 - Transcript of 10/2/2019 Status Conference, #9 Exhibit 7 - Email dated 5/11/2016, #10 Exhibit 8 - US Lighting Group warranty, #11 Exhibit 9 - Defendant's 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 103 Reply to Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment on Defendant's Counterclaims filed by Paul Spivak. Related document(s)(33 in 1:19-cv-00966-WHB), ( #94 in 1:19-cv-00087-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 102 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 101 SEALED Document:Notice of Filing Confidential Bates Labeled Documents 2719 Through 2722 Under Seal filed by Cameron D. Fraker. Related document(s) #44 , #100 . (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
February 26, 2020 Filing 100 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 99 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 98 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 97 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 96 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 95 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 94 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 93 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 92 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 91 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 90 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 89 Return of Service by Clerk by certified mail executed upon Cameron D. Fraker on 1/31/2020, filed on behalf of Paul Spivak Related document(s) #86 . (J,FE) [Transferred from Ohio Northern on 8/19/2020.]
January 28, 2020 Filing 88 Original Summons issued to Counsel for service upon Cameron D. Fraker. (B,R) [Transferred from Ohio Northern on 8/19/2020.]
January 28, 2020 Filing 87 Praecipe for issuance of Original Summons filed by U.S. Lighting Group, Inc. (Attachments: #1 Summons to serve Intervening Plaintiff First Amended Complaint, #2 Intervening Plaintiff First Amended Complaint)(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 28, 2020 Service by Clerk. Summons and Amended Complaint addressed to Cameron D. Fraker placed in U.S. Mail. Type of service: certified mail. Receipt # 70191120000209701835. (B,R) [Transferred from Ohio Northern on 8/19/2020.]
January 27, 2020 Filing 86 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 85 Notice of Filing Deposition of Cameron Daley Fraker, Paul Spivak and Malcolm Schneider filed by Paul Spivak. (Attachments: #1 Exhibit Deposition Transcripts of Malcolm Schneider, #2 Exhibit Deposition Transcripts of Paul Spivak, #3 Exhibit Deposition Transcripts of Cameron Fraker)(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 27, 2020 Filing 84 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 83 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 Filing 82 Motion for Summary Judgment on Defendant Cameron Daley Fraker's Counterclaims & Spivak's Claims for Defamation & Deceptive Trade Practices Against Defendant filed by Plaintiff Paul Spivak. (Attachments: #1 Memorandum in Support of Plaintiff Paul Spivak's Motion for Summary Judgment on Defendant Cameron Daley Fraker's Counterclaims, #2 Appendix - Deposition Transcripts, #3 Exhibit - Ripoff Report and Affidavit of Todd Price, #4 Exhibit - Chart of all Payments, Agreements, Bulb Shipments, and In-Person Meetings, #5 Exhibit - Declaration of Paul Spivak and Exhibits, #6 Exhibit - Declaration of Dayra Lomba and PageVault files, #7 Exhibit - Transcript of hearing on October 2, 2019, #8 Exhibit - Defendant Daley Fraker's Answers to Plaintiffs' Combined Second Set of Interrogatories, Requests for Admissions and Requests for Production)(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
January 21, 2020 Filing 81 Exhibit H to Motion for Summary Judgment on Defendant's Counterclaim filed by Cameron D. Fraker. Disc on file in the Clerks Office. Document does not contain an original signature. (Attachments: #1 Exhibit H - Disc) Related document(s) #72 . (J,G) [Transferred from Ohio Northern on 8/19/2020.]
January 17, 2020 Opinion or Order Filing 80 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 79 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 16, 2020 Filing 78 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 77 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 76 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 75 STRICKEN per #80 . Combined Motion for Summary Judgment on Defendant's Claims filed by Plaintiff Paul Spivak. Related document(s) #73 . (Attachments: #1 Memorandum in Support of Motion for Summary Judgment on Defendant's Claims)(Minc, Aaron) Modified stricken on 1/21/2020 (D,Ky). [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 74 STRICKEN per #80 . Motion for Summary Judgment on Defendant's Counterclaims filed by Plaintiff Paul Spivak. Related document(s) #73 . (Attachments: #1 Memorandum in Support of Motion for Summary Judgment on Counterclaims)(Minc, Aaron) Modified stricken on 1/21/2020 (D,Ky). [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 73 STRICKEN per #80 . 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 1 - RipOff Report, #2 Exhibit 2 - Chart of All Payments, #3 Exhibit 3 - Signed Declaration of P. Spivak, #4 Exhibit 4 - Deposition Transcript of Defendant, #5 Exhibit 5 - Defendant's Answers to Second Set of Discovery, #6 Exhibit 6 - Confidentiality Agreement, #7 Exhibit 7 - US Lighting Group Inc. Exclusive Agreement 10/14/2015, #8 Exhibit 8 - Selected Testimony of P. Spivak, #9 Exhibit 9 - Outgoing FED Message Ref 0124, #10 Exhibit 10 - PayPal Receipt, #11 Exhibit 11 - Outgoing FED Message Ref 0211, #12 Exhibit 12 - Outgoing FED Message Ref 0236, #13 Exhibit 13 - Invoice 01/06/2016, #14 Exhibit 14 - Invoice 02/02/2016, #15 Exhibit 15 - Email 01/27/2016, #16 Exhibit 16 - Text Message 02/03/2016, #17 Exhibit 17 - Email 04/13/2016, #18 Exhibit 18 - Email 04/22/2016, #19 Exhibit 19 - Email 04/28/2016, #20 Exhibit 20 - Email 03/10/2017, #21 Exhibit 21 - US Lighting Group, Inc. Agreement 03/14/2016, #22 Exhibit 22 - Email 03/17/2016, #23 Exhibit 23- Outgoing FED Message Ref 0229, #24 Exhibit 24 - Outgoing FED Message Ref 0139, #25 Exhibit 25 - Email 05/09/2016, #26 Exhibit 26 - Email 04/29/2016, #27 Exhibit 27 - Email 05/11/2016, #28 Exhibit 28 - Email 05/11/2016 (2), #29 Exhibit 29 - US Lighting Group, Inc. Letter 05/11/2016, #30 Exhibit 30 - US Lighting Group, Inc. Letter 05/11/2016 (2), #31 Exhibit 31 - Email 05/18/2016, #32 Exhibit 32 - Email 05/20/2016, #33 Exhibit 33 - Email 05/24/2016, #34 Exhibit 34 - Email 06/01/2016, #35 Exhibit 35 - Email 06/02/2016, #36 Exhibit 36 - Affidavit of S. Slenski, #37 Exhibit 37 - Email 07/07/2016, #38 Exhibit 38 - Shipping Label 08/03/2016, #39 Exhibit 39 - Road Runner Receipt 09/08/2016, #40 Exhibit 40 - Shipping Order 09/15/2016, #41 Exhibit 41 - Email 12/27/2016, #42 Exhibit 42 - Email 12/21/2016, #43 Exhibit 43 - Invoice Ref 1440, #44 Exhibit 44 - Invoice Ref 1439, #45 Exhibit 45 - Road Runner Receipt 02/10/2017, #46 Exhibit 46 - Invoice Ref 1456, #47 Exhibit 47 - Invoice Ref 1455, #48 Exhibit 48 - Email 03/09/2017, #49 Exhibit 49A - Email 05/08/2017, #50 Exhibit 49B - Email 05/12/2017, #51 Exhibit 49C - Email 05/16/2017, #52 Exhibit 50A - Invoice Ref 1497, #53 Exhibit 50B - Invoice Ref 1501, #54 Exhibit 50C - Invoice Ref 1502, #55 Exhibit 50D - Invoice Ref 1503, #56 Exhibit 51 - Shipping Label 06/15/2017, #57 Exhibit 52 - Shipping Label 08/16/2017, #58 Exhibit 53 ABC - Emails 09/12/2017, #59 Exhibit 53 BC - Emails 09/26/2017, #60 Exhibit 54 - Email 12/05/2017, #61 Exhibit 55 - Text Message 10/31/2017, #62 Exhibit 56 - Defendant's Answer to First Set of Discovery, #63 Exhibit 57 - Declaration of Xcentric, #64 Exhibit 58 - Email re RipOff Report 01/19/2018, #65 Exhibit 59 - Email 01/15/2019, #66 Exhibit 60A - Letter to Judge 08/22/2019, #67 Exhibit 60B - Letter to Judge 09/18/2019, #68 Exhibit 60C - Letter to Judge 09/27/2019, #69 Exhibit 61 - Affidavit of J. Duncan, #70 Exhibit 62 - Affidavit of C. Scott, #71 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 72 Motion for Summary Judgment on Defendant's Counterclaim filed by Defendant Cameron D. Fraker. (Attachments: #1 Brief in Support, #2 Appendix 1 - Excerpts from deposition transcripts of Paul Spivak, Cameron Daley Fraker, and Olga Smirnova, #3 Exhibit A - List of court cases, #4 Exhibit B - Paul Spivak v. Randy Erskine Second Amended Complaint, #5 Exhibit C - Jeanine DeJesus v. US Lighting Group, LLC Complaint, #6 Exhibit D - Paul Spivak v. Attorney Michael R. Rasor Complaint, #7 Exhibit E - U.S. Lighting Group, Inc. v. Susan Tubbs Complaint, #8 Exhibit F - Declaration of Cameron Daley Fraker, #9 Exhibit G - Bates labeled email correspondence, #10 Exhibit H - Defendant Fraker's Answers to Discovery, #11 Exhibit I - Erskine Ripoff Report, #12 Exhibit J - Declaration of Jason Atkinson, #13 Exhibit K - U.S. Lighting Group, Inc. v. Susan Tubbs case docket)(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 13, 2020 Filing 71 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 70 Deposition of Olga Smirnova taken on 09/18/2019 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 69 Deposition of Cameron Daley Fraker taken on 03/26/2019 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 68 Deposition of Paul Spivak taken on 03/25/2019 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 67 Motion for summary judgment filed by Defendant Cameron D. Fraker. (Attachments: #1 Brief in Support, #2 Appendix 1 - Excerpts from deposition transcripts of Paul Spivak, Cameron Daley Fraker, and Olga Smirnova, #3 Exhibit A - Ripoff Report, #4 Exhibit B - Declaration of Cameron Daley Fraker, #5 Exhibit C - Declaration of Jason Atkinson, #6 Exhibit D - Erskine Ripoff Report, #7 Exhibit E - Ripoff Website Disclaimer)(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
January 10, 2020 Filing 66 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 65 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 64 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 63 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 62 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 2, 2019 Filing 61 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.]
October 1, 2019 Filing 60 SEALED Document: Confidential Production filed by Paul Spivak. Related document(s) (33 in 1:18-cv-00615-WHB, 44 in 1:19-cv-00087-WHB). (Attachments: #1 Exhibit Confidential - ID of Individuals) (Minc, Aaron). Modified on 10/3/2019, filer notified not properly captioned (H,SP). [Transferred from Ohio Northern on 8/19/2020.]
September 30, 2019 Filing 59 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 58 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 57 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 21, 2019 Filing 56 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 55 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 54 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 53 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 52 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 51 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 50 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 49 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 #46 ), the plaintiffs motion for summary judgment (ECF #21 ) 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 #48 ) 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 1, 2019 Filing 48 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 47 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 46 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 Opinion or Order Order [non-document] denying as moot plaintiff's #31 Motion for extension of time until 06/20/2019 to Answer Defendant Fraker's Counterclaims. Magistrate Judge William H. Baughman, Jr., on 6/24/19. (D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
June 19, 2019 Filing 45 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 44 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 14, 2019 Filing 43 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 42 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 41 Reply to #39 Opposition to #34 Motion to intervene as a party 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 40 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 39 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 38 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 37 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 36 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 35 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 22, 2019 Filing 34 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 33 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 32 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 31 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 30 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 16, 2019 Filing 29 Motion to consolidate cases filed by Defendant Cameron D. Fraker. (Attachments: #1 Brief in Support)(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
May 15, 2019 Opinion or Order Order [non-document] denying defendant's #28 motion to deem plaintiff's motion for summary judgment moot and granting #28 motion for extension of time of 60 days to respond with brief in support. Response to #21 motion for summary judgment is due by 7/15/19. Magistrate Judge William H. Baughman, Jr., on 5/15/19.(D,Ky) [Transferred from Ohio Northern on 8/19/2020.]
May 9, 2019 Filing 28 Motion to Deem Plaintiff's Motion for Summary Judgment Moot or in the Alternative, Motion for Extension of Time of 60 days to Respond with brief in support filed by Defendant Cameron D. Fraker. (Related document(s) #20 , #21 ). (Wedell, Kristin). Added Motion for extension of time on 5/13/2019 (H,SP). [Transferred from Ohio Northern on 8/19/2020.]
May 7, 2019 Opinion or Order Filing 27 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.]
April 30, 2019 Filing 26 Answer to #23 Amended complaint , Counterclaim against Plaintiff Paul Spivak filed by Cameron D. Fraker. (Attachments: #1 Exhibit A - 2015 Distrubotor Agreement)(Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
April 29, 2019 Opinion or Order Filing 25 Order reassigning this case to Magistrate Judge William H. Baughman. Signed by Judge Dan Aaron Polster on 4/25/2019. Approved by Chief Judge Patricia A. Gaughan on 4/29/2019.(K,K) [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 Reassignment 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. (B,R) [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. (Y,A) [Transferred from Ohio Northern on 8/19/2020.]
April 24, 2019 Opinion or Order Order [non-document] denying Plaintiff's Motion for Order to Show Cause (Related Doc #24 ). Entered on behalf of Judge Dan Aaron Polster 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 23, 2019 Filing 24 Motion to show cause with memorandum in support filed by Defendant Cameron D. Fraker. (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
April 18, 2019 Filing 23 Second Amended complaint For Defamation & Violation of ORC 4165.02(A)(10) Deceptive Trade Practices Act against Cameron D. Fraker. Filed by Paul Spivak. (Attachments: #1 Exhibit Ripoff Report) (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
April 18, 2019 Filing 22 Notice of Filing Second Amended Complaint for Defamation & Violation of ORC 4165.02(A)(10) Deceptive Trade Practices Act filed by All Plaintiffs. (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
April 12, 2019 Filing 21 Motion for summary judgment filed by Plaintiff Paul Spivak (Minc, Aaron). Modified on 4/16/2019 to correct event (H,SP). [Transferred from Ohio Northern on 8/19/2020.]
April 12, 2019 Filing 20 Brief in Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion to Dismiss or in the alternative, Summary Judgement filed by Paul Spivak. (Attachments: #1 Exhibit 1 - Affidavit of Todd Price with exhibits, #2 Exhibit 2 - Affidavit of Paul Spivak with exhibits, #3 Exhibit 3 - Affidavit of Shawn Slenski with exhibits, #4 Exhibit 4 - Defendant's answers to first set of Interrogatories, Requests for Production, and Requests for Admissions) (Minc, Aaron). Modified on 4/16/2019 to add description to exhibits (H,SP). [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 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 2, 2019 Filing 19 Opposition to #18 Motion to strike the Counterclaim, in the alternative, Motion for leave to respond after the Court's ruling on Dispositive Motions filed by Cameron D. Fraker. (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 27, 2019 Filing 18 Motion to strike the Counterclaim, in the alternative, Motion for leave to respond after the Court's ruling on Dispositive Motions filed by Plaintiff Paul Spivak. (Related document(s) #14 ). (Minc, Aaron). Added Motion for leave on 3/28/2019 (H,SP). Modified on 3/28/2019 to correct event and remove all caps (H,SP). [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Filing 17 Subpoena Returned Executed; served upon Karen Zimmerman by personal service on 03/14/2019 filed on behalf of Cameron D. Fraker (Attachments: #1 Exhibit A - Subpoena) (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Filing 16 Subpoena Returned Executed; served upon Malcolm Schneider by personal service on 03/14/2019 filed on behalf of Cameron D. Fraker (Attachments: #1 Exhibit A - Subpoena) (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Filing 15 Subpoena Returned Executed; served upon Olga Smirnova by personal service on 03/14/2019 filed on behalf of Cameron D. Fraker (Attachments: #1 Exhibit A - Subpoena) (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 18, 2019 Filing 14 Answer to #4 Amended complaint and, Counterclaim against Paul Spivak filed by Cameron D. Fraker. (Wedell, Kristin) [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 motion for summary judgment (doc. # 10 in 1:18cv615) included a deadline for Spivak to file an Opposition Brief (4/29/2019), but did not include a deadline for Fraker to file a reply brief. The deadline for Fraker to file a reply brief in the Spivak case is 5/15/2019. Entered on behalf of Judge Dan Aaron Polster on 3/18/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
March 14, 2019 Filing 13 Notice of Subpoena Returned Executed upon Intellitronix by personal service on 3/12/19 filed by Cameron D. Fraker. (Attachments: #1 Exhibit Subpoena to Produced Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action) (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 14, 2019 Filing 12 Notice of Subpoena Returned Executed, served upon US Lighting Group, Inc. by personal service on 3/12/19 filed by Cameron D. Fraker. (Attachments: #1 Exhibit Subpoena to Produced Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action) (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 13, 2019 Filing 11 Subpoena Returned Executed; served upon T-Mobile US inc. by Fax on 3/12/19 filed on behalf of All Plaintiffs (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
March 13, 2019 Filing 10 Subpoena Returned Executed; served upon Godaddy.com by Fax on 3/12/19 filed on behalf of All Plaintiffs (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
March 5, 2019 Filing 9 Attorney Appearance by Kristin L. Wedell filed by on behalf of Cameron D. Fraker. (Wedell, Kristin) [Transferred from Ohio Northern on 8/19/2020.]
March 5, 2019 Filing 8 Attorney Appearance by Paul J. Schumacher, Jr filed by on behalf of Cameron D. Fraker. (Schumacher, Paul) [Transferred from Ohio Northern on 8/19/2020.]
February 27, 2019 Filing 7 Return of Service by Clerk by certified mail executed upon Cameron D. Fraker on 2/25/2019, filed on behalf of Paul Spivak (Related document(s) #1 , #6 ). (M,S) [Transferred from Ohio Northern on 8/19/2020.]
February 21, 2019 Filing 6 Original Summons issued to counsel for service upon Cameron D. Fraker. (M,S) [Transferred from Ohio Northern on 8/19/2020.]
February 21, 2019 Filing 5 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Complaint, #2 summons)(Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 21, 2019 Service by Clerk. Summons and Complaint addressed to Cameron D. Fraker placed in U.S. Mail. Type of service: certified mail. Receipt # 7018 2290 0001 7732 1895. (M,S) [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 14, 2019 Filing 4 First Amended complaint for Defamation & Violation of ORC 4165.02(A)(10) Deceptive Trade Practices Act against Cameron D. Fraker. Filed by Paul Spivak. (Attachments: #1 Exhibit A - The Report) (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 14, 2019 Filing 3 Attorney Appearance by Aaron M. Minc filed by on behalf of All Plaintiffs. (Minc, Aaron) [Transferred from Ohio Northern on 8/19/2020.]
February 12, 2019 Copy of [non-document] Notice of Hearing or Conference mailed to Paul Spivak at 34099 Melinz Parkway, Unit E, Eastlake, OH 44095 on 2/12/2019. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
February 12, 2019 Notice [non-document] of Telephone Conference set for 2/15/2019 at 11:30 AM in Courtroom 18B before Judge Dan Aaron Polster. (K,K) [Transferred from Ohio Northern on 8/19/2020.]
January 11, 2019 Filing 2 Magistrate Consent Form issued. Summons were not provided and were not issued. (B,R) [Transferred from Ohio Northern on 8/19/2020.]
January 11, 2019 Filing 1 Complaint with jury demand against Cameron D. Fraker. Filing fee paid. $400.00. Receipt # 14660110930. Filed by Paul Spivak. (Attachments: #1 Civil Cover Sheet) (B,R) [Transferred from Ohio Northern on 8/19/2020.]
January 11, 2019 Judge Dan Aaron Polster assigned to case, (B,R) [Transferred from Ohio Northern on 8/19/2020.]
January 11, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,R) [Transferred from Ohio Northern on 8/19/2020.]

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Defendant: Cameron D. Fraker
Represented By: Paul J. Schumacher, Jr.
Represented By: Craig S. Cobb
Represented By: Kristin L. Wedell
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Plaintiff: Paul Spivak
Represented By: Andrew C. Stebbins
Represented By: Aaron M. Minc
Represented By: Aaron M Minc
Represented By: Andrew C Stebbins
Represented By: Ryan Wright
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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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