NOTICE of Hearing: In Person Status Conference RESET for 8/23/2021 02:00 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE of Hearing: In Person Status Conference RESCHEDULED for 8/3/2021 10:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE of Hearing: In Person Status Conference set for 7/1/2021 10:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
SCHEDULING ORDER: All Pretrial Motions including Motions in Limine due by 8/23/2021. Responses to All Pretrial Motions due by 8/30/2021. Final Pretrial Conference set for 10/7/2021 10:00 AM before Judge Sarah D. Morrison. Jury Trial set for 10/25/2021 09:00 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. Signed by Judge Sarah D. Morrison on 4/16/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Minute Entry for proceedings held before Judge Sarah D. Morrison. Status Conference held on 4/15/2021 (being docketed for statistical purposes only).(Court Reporter: Allison Kimmel) (tb)
NOTICE of Hearing: In Person Status Conference (counsel only) set for 4/15/2021 02:00 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
OPINION AND ORDER DENYING XPO Defendants 385 Motion to Dismiss. Signed by Judge Sarah D. Morrison on 3/22/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER - re Court's OPINION AND ORDER 384 . Contains one typographical error. On page sixty-five the word "Abington's" should read "XPO's." This Order serves to correct that error. Signed by Judge Sarah D. Morrison on 2/8/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
OPINION AND ORDER. XPO's Motion for Summary Judgment 332 and 338 are DENIED. XPO's Motion to Exclude Expert Testimony of Evan Armstrong 330 and 339 are GRANTED IN PART and DENIED IN PART. XPO's Motion to Exclude Expert Testimony of John T. McGarvey 331 is DENIED. Abington's Motion for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims 334 is DENIED. Abington's First Motion in Limine: Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition 335 and 340 is DENIED. Abington's MOTION to Strike Declaration of Corporate Representative 364 is GRANTED IN PART and DENIED IN PART. XPO's Motion for Leave to File Instanter 372 is GRANTED. A dispute exists as to whether Defendant XPO Logistics, Inc. is a proper party to this action. Thus, XPO is ORDERED to file an appropriate motion on this topic within ten (10) days of this Opinion and Order. Abington's opposition, if any, shall be filed within seven (7) days thereafter. Each filing is limited to five pages. Briefs that are late or in violation of the stated page limitation may be struck from the record sua sponte. Failure to file an appropriate motion will result in XPO Logistics, Inc. remaining as a proper party in this action. This Opinion & Order is being filed under seal in the first instance. Counsel shall confer and submit an agreed redacted version of this Opinion & Order to the Court for filing. The Court does not anticipate any disagreement on such a simple matter; if there is, areas of dispute shall be clearly marked with short descriptions of the basis for objection provided. The proposed agreed redacted Opinion & Order shall be e-mailed in Word format to Amy_Vogel@ohsd.uscourts.gov with all counsel and pro se parties copied within ten (10) days of this Opinion & Order. Failure to abide by this deadline will result in this Opinion & Order being filed unsealed. Signed by Judge Sarah D. Morrison on 1/22/2021. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Filed: 1/8/2021, Entered: 1/8/2021
Notice of Correction re 383 Order: Document has been removed by the Clerk's Office and filed in 2:17-cv-719. (ew)
REPLY to Response to Motion re 364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
OPINION AND ORDER granting 379 Motion to Seal Document. The Clerk is DIRECTED to permanently seal 378 , as well as the attached exhibits. Signed by Magistrate Judge Kimberly A. Jolson on 8/26/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 8/27/2020 (kk2)
MOTION to Seal Document Permanently re 375 Reply to Response to Motion, 378 Sealed Reply in Support of Motion in Limine No. 1 by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified text and document links on 8/24/2020 (kk2)
ORDER granting 376 Motion to File Document Under Seal. Abington may temporarily file the unredacted version and exhibits of its Reply in Support to 335 Motion in Limine No. 1 under seal. Should any party wish to maintain the confidentiality of the Reply and its exhibits, they are to file a motion to permanently seal the materials w/in fourteen (14) days. Signed by Magistrate Judge Kimberly A. Jolson on 8/7/2020. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
REPLY to Response to Motion re 330 MOTION to Exclude Expert Testimony of Evan Armstrong filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET # 371 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF (kk2)
Filed: 8/6/2020, Entered: 8/7/2020
REPLY to Response to Motion re 331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET # 370 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF (kk2)
Filed: 8/6/2020, Entered: 8/7/2020
MOTION for Leave to Supplement the Record with Joshua Allen's Wet Signature by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.SEE DOCKET # 372 FOR DOCUMENT. The filing is a combined response in opposition and a motion to supplement the record. (kk2)
REPLY to Response to Motion re 335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - November 8, 2017 Email, # 2 Exhibit 2 - November 8, 2017 Email Chain) (McHugh, Brandon)
REPLY to Response to Motion re 338 Sealed MOTION for Summary Judgment & 332 (Redacted) MOTION for Summary Judgment filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Appendix A) (Lisinski, Angelyne) Modified text & document links on 8/7/2020 (kk2)
REPLY to Response to Motion re 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
RESPONSE in Opposition re 364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement and Motion for Leave to Supplement the Record with Joshua Allen's Wet Signature filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Exhibit 1 Declaration of Martha Brewer Motley, # 2 Exhibit 2 Declaration of Joshua Allen) (Motley, Martha)
**SEE 8/6/2020 CORRECTIVE ENTRY** - RESPONSE to Motion re 331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha) Modified on 8/7/2020 (kk2).
NOTATION ORDER GRANTING the 368 Motion for Leave to File Excess Pages of Defendants XPO Forwarding, Inc. and XPO Logistics. By Judge Sarah D. Morrison on 7/24/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION for Leave to File Excess Pages by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Text of Proposed Order) (Whaling, Thomas)
Set/Reset Deadlines as to 330 MOTION to Exclude Expert Testimony of Evan Armstrong, 331 MOTION to Exclude Expert Testimony of John T. McGarvey, 332 MOTION for Summary Judgment (Redacted), 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, and 335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition - Replies due by 8/6/2020 per the Court's 7/14/2020 Order (ECF #367) (kk2)
Filed: 7/15/2020, Entered: 7/15/2020
Set/Reset Deadlines as to 364 MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement - Responses due by 8/6/2020 & Replies due by 8/27/2020 per the Court's 7/14/2020 Order (ECF #367) (kk2)
ORDER GRANTING 366 Joint Motion for Extension of Briefing Schedule. Replies to Opposition Briefs are due on or before 8/6/2020. XPO's Opposition to Abington's Motion to Strike Declaration of XPO's Corporate Representative shall be due on or before 8/6/2020. Abington's Reply in Support of Motion to Strike Declaration of XPO's Corporate Representative shall be filed on or before 8/27/2020. Signed by Judge Sarah D. Morrison on 7/14/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Joint MOTION for Extension of Time of Briefing Schedule to File Response/Reply re 330 MOTION to Exclude Expert Testimony of Evan Armstrong, 331 MOTION to Exclude Expert Testimony of John T. McGarvey, 332 MOTION for Summary Judgment (Redacted), 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, 335 Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition & 364 MOTION to Strike Declaration of Corporate Representative by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. & Plaintiff Abington Emerson Capital LLC. New dates requested 8/6/2020 & 8/27/2020. (Attachments: # 1 Text of Proposed Order) (Whaling, Thomas) Modified text, ECF filing event, filing parties, and document links on 7/13/2020 (kk2)
MOTION to Strike Declaration of Corporate Representative re 338 Sealed MOTION for Summary Judgement re 337 Order on Motion to File Document Under Seal re 332 MOTION for Summary Judgment (Redacted) by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - XPO's Initial Disclosures, Jan. 11, 2019, # 2 Exhibit 2 - XPO's Responses to Abington's Interrogatories, Apr. 22, 2019) (McHugh, Brandon) Modified text on 7/8/2020 (kk2)
RESPONSE in Opposition re 331 MOTION to Exclude Expert Testimony of John T. McGarvey filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
RESPONSE in Opposition re 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Exhibit 1 Deposition Transcript Excerpt of Michael Urtel and Urtel Deposition Exhibit 18) (Lisinski, Angelyne)
RESPONSE in Opposition re 335 First MOTION in Limine Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha)
OPINION AND ORDER granting in part and denying in part 346 Motion to Seal Document, denying without prejudice 347 Motion to Seal. Specifically, XPO's request to permanently seal is DENIED but its request pertaining to waiver is GRANTED. The documents Abington seeks to permanently seal will remain off the public docket for 10 days from the date of this Order, during which time Abington may file a more detailed and narrowly-tailored motion to seal. Signed by Magistrate Judge Kimberly A. Jolson on 6/29/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTATION ORDER - The Court understands that the Motions to Seal (Docs. 346 , 347 ) are unopposed. If not, the parties shall so notify the Court by June 24, 2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/22/20. (jr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION to Seal Document Permanently re 337 Order on Motion to File Document Under Seal by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Whaling, Thomas) Modified text on 6/18/2020 (kk2)
ORDER granting 344 Motion for Extension of Time: Responses to Motions filed on 6/2/2020 due by 7/7/2020; Replies due by 7/29/2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/11/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Joint MOTION for Extension of Time to File Response/Reply re 330 MOTION to Exclude Expert Testimony of Evan Armstrong, 331 MOTION to Exclude Expert Testimony of John T. McGarvey, 332 MOTION for Summary Judgment (Redacted), 334 MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims, 335 Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New dates requested 7/7/2020 & 7/29/2020 (Attachments: # 1 Text of Proposed Order) (McHugh, Brandon) Modified on 6/11/2020 to correct text, filing parties, and link to relevant motions (kk2) Modified on 6/11/2020 (kk2).
ORDER granting 333 & granting 336 Motions to File Documents Under Temporary Seal. Should the parties wish to permanently seal these materials, they are DIRECTED to file motions to permanently seal w/win fourteen (14) days. If no motions are filed, the documents will be unsealed. Signed by Magistrate Judge Kimberly A. Jolson on 6/3/2020. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
NOTICE OF FILING DEPOSITION of Joshua Allen by Plaintiff Abington Emerson Capital, LLCSEE DOCKET # 329 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Notice of Filing Deposition," which can be found in the "Discovery Documents" section of CM/ECF (kk2)
Redacted First MOTION in Limine: Abington is Entitled to an Adverse Inference Based on Defendant B1572A6 Invocation of the Fifth Amendment Right Against Self-Incrimination During his Deposition by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Shook Decl 11-4-19, # 2 Exhibit 2 - B1572A6 Answer - 7-12-19, # 3 Exhibit 3 - B1572A6 Answer - 4-20-20) (McHugh, Brandon) Modified text on 6/3/2020 (kk2)
MOTION for Partial Summary Judgment: California Law Applies to the Common Law Fraud Claims by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
MOTION for Leave to File Document Under Seal Temporarily by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Text of Proposed Order) (Motley, Martha) Modified on 6/3/2020 to correct text & ECF filing event (kk2)
MOTION to Exclude Expert Testimony of John T. McGarvey by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Lisinski, Angelyne)
DEPOSITION of Cesar Bernal taken on October 1, 2019 by Defendants XPO Global Forwarding, Inc. & XPO Logistics, Inc.SEE DOCKET # 328 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Deposition," which can be found in the "Discovery Documents" section of CM/ECF (kk2)
AMENDED Document re Attachment 1 to 327 by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. Corrected Transcript of Cesar Bernal (Whaling, Thomas) Modified on 6/2/2020 (kk2) Modified text on 6/2/2020 (ew).
Notice of Correction re 327 Notice of Filing Deposition of Cesar Bernal: This filing is a duplicate of the deposition of Carlos Musetti (see ECF #326), and not the deposition of Cesar Bernal. Counsel should re-file the correct documents for the deposition of Mr. Bernal, if necessary. (kk2)
ORDER: XPO shall make its expert available for a deposition on or before 5/22/2020, and expert discovery shall be extended to that date for the limited purpose of deposing XPO's expert. Summary Judgment Motions due by 6/2/2020. Signed by Magistrate Judge Kimberly A. Jolson on 4/30/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: All deadlines in this matter are STAYED for 21 days. Signed by Magistrate Judge Kimberly A. Jolson on 3/23/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Set/Reset Columbus PPTO Deadlines: Discovery (Fact) due by 3/31/2020 per 322 (for the limited purpose of deposing XPO's due diligence expert witness) (kk2)
ORDER: A limited extension of the case schedule is necessary so that Plaintiff may depose XPO's due diligence expert witness. XPO shall make this expert witness available for deposition by 3/31/2020, and fact discovery shall be extended to that date for the limited purpose of deposing him. Summary Judgment Motions due by 4/10/2020. Signed by Magistrate Judge Kimberly A. Jolson on 3/10/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
OPINION AND ORDER re 294 : Abington's request for in camera inspection is GRANTED, and Abington's Motion to Compel is DENIED. Signed by Magistrate Judge Kimberly A. Jolson on 11/20/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER granting 319 Motion for Extension of Time: Expert Disclosure due by 11/22/2019. Signed by Magistrate Judge Kimberly A. Jolson on 11/15/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Joint MOTION for Extension of Time: Expert Disclosure Deadline by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New date requested 11/22/2019. (Mack, Edmond) Modified text & filing parties on 11/15/2019 (kk2)
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Abington Emerson Capital, LLC re 300 MOTION to Compel Production of Communications Exchanged between Counsel for XPO and Counsel for 55EEF29, or in the Alternative, Motion for In-Camera Review, 297 MOTION to Compel Production of all Documents Withheld by Defendants XPO Logistics, Inc. & XPO Global Forwarding, Inc. on the Basis of Privilege that were Created on or before August 21, 2017, 306 MOTION for Protective Order (McHugh, Brandon)
REPLY to Response to Motion re 294 MOTION to Compel Production of Email Communications between Susan Santo and Defendant B1572A6 or, in the alternative, Request for In Camera Inspection filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
ORDER granting 313 Motion for Rule 502(d) Order in Resolution of Discovery Issues, denying as moot 312 Motion for Extension of Time. The Court DIRECTS XPO to submit communications to the Court for in camera review. The Hearing set for 11/19/2019 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 11/1/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Joint MOTION for Rule 502(d) Order in Resolution of Discovery Issues by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (Attachments: # 1 Text of Proposed Order Proposed Order re Waiver under Rule 502(d) 10-31-2019 [FINAL]) (McHugh, Brandon) Modified filing parties on 11/1/2019 (kk2)
Joint MOTION for Extension of Time to File Response/Reply re 306 Motion for Protective Order by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. New date requested 10/31/2019. (McHugh, Brandon) Modified on 10/31/2019 to correct text, filing parties, and add link to motion (kk2). Modified on 10/31/2019 (kk2).
ORDER granting 308 Motion for Leave Instanter to File an Ex Parte, Unredacted Version of its Opposition to Plaintiff's Motion to Compel Production of Emails Between Susan Santo and B1572A6. Signed by Magistrate Judge Kimberly A. Jolson on 10/29/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 294 MOTION to Compel Production of Email Communications between Susan Santo and Defendant B1572A6 or, in the alternative, Request for In Camera Inspection filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Exhibit Declaration in Support of Def. Opposition to Plaintiff's Motion to Compel) (Motley, Martha)
MOTION for Leave to File Instanter to File Ex Parte, Unredacted Version of its Opposition to Plaintiff's 294 Motion to Compel Production of Emails between Susan Santo and B1572A6 by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified on 10/29/2019 to add doc link (kk2)
STATUS REPORT of the Parties on Discovery Disputes by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (McHugh, Brandon) Modified on 10/28/2019 to correct filing parties (kk2)
ORDER granting 304 Motion for Leave to File Redacted Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Jolson on 10/24/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION for Leave to File a Redacted Version of Abington's Motion for Protective Order Preventing XPO from Obtaining Discovery of Privileged Communications, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Redacted Motion for Protective Order) (McHugh, Brandon)
ORDER: Response 297 and 300 due by 11/5/2019; Reply due 7 days after Response. Hearing set for 11/19/2019 at 9:30 AM. Signed by Magistrate Judge Kimberly A. Jolson on 10/22/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER denying without prejudice 299 Motion to Compel. Signed by Magistrate Judge Kimberly A. Jolson on 10/22/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION to Compel Production of Communications Exchanged between Counsel for XPO and Counsel for 55EEF29, or in the Alternative, Motion for In-Camera Review by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Abington's Second Set of Document Requests to XPO, Jan. 31, 2019, # 2 Exhibit 2 - XPO's Response to Abington's Second Request for Production of Documents, Mar. 4, 2019, # 3 Exhibit 3 - Counsel for Abington Email to Counsel for XPO, Aug. 4, 2019, # 4 Exhibit 4 - Counsel for XPO Email to Counsel for Abington, Aug. 4, 2019, # 5 Exhibit 5 - Counsel for Abington Correspondence to Counsel for XPO, Aug. 28, 2019, # 6 Exhibit 6 - XPOs Supplemental Privilege Log re Common Interest Emails and Cover Letter, Oct. 2, 2019, # 7 Exhibit 7 - XPOs Revised and Consolidated Privilege Log and Cover Letter, Oct. 11, 2019) (McHugh, Brandon) Modified text on 10/21/2019 (kk2)
MOTION to Compel Production of All Documents Related to Payments Made by Defendants XPO Logistics, Inc. or XPO Global Forwarding, Inc. to any Attorney or Law Firm Representing Defendant B1572A6 by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Plaintiffs Combined First Set of Interrogatories and Third Requests for Production of Documents Issued to Defendant, XPO Logistics, Inc. - 3-8-19, # 2 Exhibit 2 - XPO Logistic, Inc.'s Response to Abington's First Set of Interrogatories and Third Request for Production of Documents - 4-22-19, # 3 Exhibit 3 - B1572A6 Answer - 7-12-19, # 4 Exhibit 4 - Counsel Le - 10-15-2019, # 5 Exhibit 5 - XPO October 16, 2019 email, # 6 Exhibit 6 - Abington October 17, 2019 email) (McHugh, Brandon)
Discovery Dispute STATUS REPORT by Defendants XPO Global Forwarding, Inc. & XPO Logistics, Inc.SEE DOCKET # 298 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Status Report," which can be found in the "Other Documents" section of CM/ECF. (kk2)
**SEE 10/18/2019 CORRECTIVE ENTRY** - NOTICE by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. of Filing Status Report of XPO on Discovery Issues (Lisinski, Angelyne) Modified on 10/21/2019 (kk2)
MOTION to Compel Production of all Documents Withheld by Defendants XPO Logistics, Inc. & XPO Global Forwarding, Inc. on the Basis of Privilege that were Created on or before August 21, 2017 by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - XPO Revised Privilege Log (removed lines 90 & 91) - 10-11-2019, # 2 Exhibit 2 - XPO Logistics - Subpoena Duces Tecum) (McHugh, Brandon)
NOTICE of Issuance of Subpoenas Duces Tecum to Bridgestone Americas Tire Operations, LLC and Michelin North America Inc. by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Motley, Martha) Modified text on 10/21/2019 (kk2)
ORDER: Response to 294 Motion to Compel due by 10/28/2019. Reply due within seven (7) days of XPO's opposition. Signed by Magistrate Judge Kimberly A. Jolson on 10/15/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION to Compel Production of Email Communications between Susan Santo and Defendant B1572A6 or, in the alternative, Request for In Camera Inspection by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - XPO Revised Privilege Log 10-11-2019) (McHugh, Brandon)
NOTICE of Issuance of Deposition Subpoena by Plaintiff Abington Emerson Capital, LLC (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum to Henrik Jorgensen) (Mack, Edmond) Modified text on 10/15/2019 (kk2)
NOTICE by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. of Filing Joint Status Report of the Parties (Lisinski, Angelyne)
ORDER: Abington is DIRECTED to file a Motion for Protective Order by 10/23/2019. Response due by 10/30/2019. Reply due 3 days thereafter. Signed by Magistrate Judge Kimberly A. Jolson on 10/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE of Filing Position Statement Regarding Documents Submitted for In Camera Inspection on September 27, 2019 by Plaintiff Abington Emerson Capital, LLC (McHugh, Brandon) Modified text on 10/8/2019 (kk2)
NOTICE: Position Statement Concerning the Emails Submitted by Abington for In Camera Review on September 27, 2019 by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Attachments: # 1 Exhibit A Privilege Log) (Lisinski, Angelyne) Modified text on 10/7/2019 (kk2)
STATUS REPORT as to Pending Discovery Disputes by Plaintiff Abington Emerson Capital, LLC & Defendants XPO Logistics Inc, XPO Global Forwarding Inc. (Mack, Edmond) Modified filing parties on 10/4/2019 (kk2)
NOTICE by Plaintiff Abington Emerson Capital, LLC re 283 Order, : Position Statement of Plaintiff (Attachments: # 1 Exhibit 1 - Excerpts from Deposition of Max Shook, # 2 Exhibit 2 - Abington's Second Set of Document Requests to XPO - 1-31-19, # 3 Exhibit 3 - Abington's Third Set of Document Requests and First Set of Interrogatories to XPO - 3-8-19, # 4 Exhibit 4 - Abington Counsel Letter to XPO Counsel - 3-19-19 and 8-28-19, # 5 Exhibit 5 - XPOs Counsel Letter to Abingtons Counsel - 6-12-19, # 6 Exhibit 6 - XPO's Revised Privilege Log - 9-18-19) (Mack, Edmond)
ORDER: In-Person Status Conference set for 9/24/2019 at 3:00 PM before Magistrate Judge Kimberly A. Jolson. The parties are DIRECTED to file position statements, not to exceed five double-spaced pages, no later than 9/24/2019 at 10:00 a.m. Signed by Magistrate Judge Kimberly A. Jolson on 9/23/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE to Take Deposition of Curt Christensen by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Motley, Martha)
ORDER: XPO is DIRECTED to produce its statement (or a substantially similar one) to Abington. Joint Status Report due by 9/20/2019. Signed by Magistrate Judge Kimberly A. Jolson on 9/16/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: XPO is DIRECTED to file an ex parte statement describing the steps it has taken in responding to Abington's request for Ms. Santo's emails by 9/13/2019. Joint Status Report due by 9/13/2019. If, at that point, the Court finds that the parties have not made significant progress in resolving their disputes, the Court will hold an in-person status conference on 9/18/2019 at 9:30 a.m. Signed by Magistrate Judge Kimberly A. Jolson on 9/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Response XPO's Response to the Amended Status Report by Cross Claimant XPO Global Forwarding, Inc.. (Attachments: # 1 Exhibit Exhibit 1) (Motley, Martha)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoena (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum to Susan Santo) (Mack, Edmond)
ORDER granting in part and denying in part 270 Motion to Compel: Plaintiff is ORDERED to produce certain financial information by 9/6/2019. Signed by Magistrate Judge Kimberly A. Jolson on 9/3/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC re 269 Status Report Order, : Plaintiffs Position Statement Regarding XPOs Request For Plaintiffs Financial Records, Client Lists, and Non-OTR Tire Loan Files (Attachments: # 1 Exhibit 1 - 1 - XPO's Second Set of Document Requests Directed to Plaintiffs - 7-16-19, # 2 Exhibit 2 - Abington's Response to XPO's Second Set of Document Requests - 8-23-19) (Mack, Edmond)
ORDER: The parties are ORDERED to file position statements regarding the discovery dispute by 9/2/2019. Joint status report re the state of discovery due every Friday, beginning on 9/6/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/30/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. Notice of Service of Subpoena Upon Freed Maxick ABL Services, LLC (Motley, Martha)
STIPULATED RULE 502(d) ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 8/16/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER re Rule 502(D) Order. Signed by Magistrate Judge Kimberly A. Jolson on 8/13/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
OPINION AND ORDER granting in part and denying in part 241 Motion for Protective Order. The parties are DIRECTED to meet and confer andsubmit agreed-upon topics for questioning to the Court no later than 8/23/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/12/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoenas (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum Issued to Dominic Muzi, # 2 Exhibit 2 - Subpoena Ad Testificandum Issued to Max Shook, # 3 Exhibit 3 - Subpoena Ad Testificandum Issued to Ian Oliver) (Mack, Edmond)
REPLY to Response to Motion re 241 First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL filed by Defendant XPO Global Forwarding, Inc.. (Attachments: # 1 Exhibit 1) (Whaling, Thomas)
NOTICE of Hearing: Telephonic Status Conference set for 8/12/2019 @ 10:30 AM before Magistrate Judge Kimberly A. Jolson. Counsel are directed to join together on one line and call the Court at 614-719-3470. (jr)
OPINION AND ORDER granting in part and denying in part 232 Motion for a Rule 502(D) Order. Defendant XPO is ORDERED to submit a Rule 502(d) Order via email by 8/16/2019. Signed by Magistrate Judge Kimberly A. Jolson on 8/2/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 241 First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - K. Aman Declaration - 7-24-17, # 2 Exhibit 2 - M. Klutinoty Edwards Declaration - 7-24-17, # 3 Exhibit 3 - T. Parlatore Email to S. Santo, E. Mack, July 27, 2017, # 4 Exhibit 4 - A. Smith Email to 55EEF29, May 16, 2017, # 5 Exhibit 5 - C. Conner Email to 55EEF29 Jul. 7 2017, # 6 Exhibit 6 - C. Lochard Email to M. Shook, Aug. 29, 2017, # 7 Exhibit 7 - A. Spizz Letter to B. Jacobs, May 13, 2016, # 8 Exhibit 7 - A. Spizz Letter to B. Jacobs, May 13, 2016) (McHugh, Brandon)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to SGS North America, Inc.) (Mack, Edmond)
REPLY to Response to Motion re 232 MOTION for a 502(d) Order in Support filed by Cross Claimants XPO Global Forwarding, Inc., XPO Logistics, Inc., Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Declaration of Martha Brewer Motley, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Motley, Martha)
NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoenas Duces Tecum to Vanessa B1572A6, Mazen B1572A6 and Clumsy Sloth d/b/a Slow Pokes)) (Motley, Martha)
RESPONSE in Opposition re 232 MOTION for a 502(d) Order filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Service Letter to Abington - 6-12-19, # 2 Exhibit 2 - June 27, 2019 Proposed Order with Track Changes) (McHugh, Brandon)
First MOTION for Protective Order PROHIBITING THE DEPOSITION OF XPOS FORMER IN-HOUSE LEGAL COUNSEL by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit Exhibit 1 - Herlihy Decl. in support of Mo for Protective Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Motley, Martha)
NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoena Duces Tecum) (Attachments: # 1 Exhibit 1) (Motley, Martha)
NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. (Notice of Issuance of Subpoenas Duces Tecum) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Motley, Martha)
ORDER: The parties are DIRECTED to meet and confer in an effort to resolve the discovery dispute re the scheduling of one deposition. Status report due by 7/17/2019. Signed by Magistrate Judge Kimberly A. Jolson on 7/12/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: Response to 232 Motion for a 502(d) Order due by 7/18/2019. Reply due within five days of Plaintiff filing its response. Signed by Magistrate Judge Kimberly A. Jolson on 7/9/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Bank of America Subpoena Duces Tecum, # 2 Exhibit 2 - JPMorgan Chase Bank, N.A. Subpoena Duces Tecum, # 3 Exhibit 3 - KeyBank, National Association Subpoena Duces Tecum, # 4 Exhibit 4 - The Ohio Valley Bank Company Subpoena Duces Tecum, # 5 Exhibit 5 - PNC Bank, National Association Subpoena Duces Tecum, # 6 Exhibit 6 - U.S. Bank, N.A. Subpoena Duces Tecum, # 7 Exhibit 7 - Wells Fargo Bank, N.A. Subpoena Duces Tecum) (Mack, Edmond)
ORDER: Discovery (Fact) due by 10/18/2019; Expert disclosures due by 11/15/2019; Rebuttal Expert due by 1/15/2020; Expert depositions due by 2/28/2020; and Dispositive motions due by 3/16/2020. XPO is DIRECTED to file a Motion for Protective Order due by 7/17/2019. Briefing will be expedited - Plaintiff's response in opposition due w/in fourteen (14) days of the motion & any reply brief shall be filed w/in seven (7) days of the opposition. The parties are DIRECTED to continue to meet & confer re: agreed language for a 502(d) Claw Back Order and if no resolution can be reached w/in ten (10) days, XPO is directed to move for the entry of such an order. Signed by Magistrate Judge Kimberly A. Jolson on 6/27/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
ORDER granting 225 Motion to Withdraw as Attorney. Attorney John C Camillus terminated as counsel of record for B1572A6. Signed by Magistrate Judge Kimberly A. Jolson on 6/27/2018. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
NOTICE by Defendants XPO Global Forwarding, Inc., XPO Logistics, Inc. re 227 Notice to Take Deposition (Notice of Filing Exhibit to Notice of Videotaped Deposition of 55EEF29) (Motley, Martha)
ORDER granting 223 Motion for Extension of Time to Answer re 213 Crossclaim - B1572A6 answer due 7/8/2019. Signed by Magistrate Judge Kimberly A. Jolson on 6/25/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
Unopposed MOTION to Withdraw as Attorney by Cross Defendant B1572A6, Defendant B1572A6. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (Camillus, John)
ORDER: Telephone Conference set for 6/27/2019 @ 2:30pm before Magistrate Judge Kimberly A. Jolson. Fact Discovery due by 10/18/2019; Expert disclosures due by 11/15/2019; Rebuttal Experts due by 1/15/2020; Expert Depositions due by 2/28/2020; Dispositive motions due by 3/16/2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/24/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification)
ORDER REASSIGNING CASE. Case reassigned to Judge Sarah D. Morrison for all further proceedings. Judge George C. Smith no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/19/19. (jcw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: The parties are DIRECTED to meet and confer in an effort to resolve their disputes and submit a status report by June 21, 2019, updating the Court on their progress towards resolving these matters. Signed by Magistrate Judge Kimberly A. Jolson on 6/17/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE of Issuance of Subpoena Duces Tecum by Plaintiff Abington Emerson Capital, LLC (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to JenVic Holdings LLC) (Mack, Edmond) Modified text on 6/12/2019 (kk)
ORDER granting 210 Motion to Vacate: The Settlement Week Conference set for 6/12/2019 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 5/29/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Amended Notice of Mediation Conference: Mediator James D. Abrams to conduct Settlement Week Conference on 6/12/2019 at 9:00 AM. (Attachments: # 1 Mediator's Report) (jr)
Notice of Mediation Conference: Mediator A.C. Strip to conduct Settlement Week Conference on 6/10/2019 at 1:30 PM. (Attachments: # 1 Mediator's Report) (jr)
ORDER granting 193 Motion to Add XPO Global Forwarding, Inc. As a Party Defendant and 200 Motion for Leave to Submit Supplemental Exhibit to Plaintiff's Reply. Amended Complaint due within 14 days. Signed by Magistrate Judge Kimberly A. Jolson on 5/3/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: This case has been previously identified as ready for mediation during the Court's June Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 5/3/2019 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 4/24/2019. (ew) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoena Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to Global Executive Solutions Group, LLC) (Mack, Edmond)
MOTION for Leave to File Supplemental Exhibit to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant, Instanter (Corrected) by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 10 - XPO Logistics, Inc.s Offer of Employment Accepted by B1572A6 dated August 22, 2012, # 2 Text of Proposed Order) (Mack, Edmond)
MOTION for Leave to File Supplemental Exhibit to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 10 - XPO Logistics, Inc.s Offer of Employment Accepted by B1572A6 dated August 22, 2012, # 2 Text of Proposed Order) (Mack, Edmond) Motion has been refiled by counsel, see doc 200 , this entry has been restricted by the Clerk on 4/15/2019 (er).
ORDER granting 195 Motion to Withdraw as Attorney. Attorney Stephen A Weigand; Benjamin G Dusing and Augustus B. Flottman terminated for Defendant 80E2F5B. Signed by Magistrate Judge Kimberly A. Jolson on 4/11/19. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC re 196 Reply to Response to Motion : Notice of Filing Exhibits to Plaintiff Abington Emerson Capital, LLCs Reply in Support of Motion to Add XPO Global Forwarding, Inc. as a Party Defendant (Attachments: # 1 Exhibit 1 - XPO Logistics, Inc. and XPO Global Forwarding, Inc.s Amended Answer to Plaintiffs Original Complaint and Cross Claim Against B1572A6, Vecron Exim Ltd. v. XPO Logistics, Inc., et al., S.D. Texas No. 4:18-cv-02394, Mar. 6, 2019, # 2 Exhibit 2 - Information, Plea Agreement, and Minute Entry, USA v. 55EEF29, S.D. Ohio No. 2:19-cr-00082, Apr. 3, 2019 and Apr. 8, 2019, # 3 Exhibit 3 - Correspondence Between XPO Logistics, Inc. Counsel and Abington Emerson Capital, LLC Counsel, Oct. 6, 2017, # 4 Exhibit 4 - Correspondence Between XPO Logistics, Inc. Counsel and Abington Emerson Capital, LLC Counsel, Oct. 13, 2017 and Oct. 20, 2017, # 5 Exhibit 5 - IRS Form W2s Issued by XPO Logistics, Inc. to B1572A6, 2013-2016, # 6 Exhibit 6 - XPO Logistics, Inc. Internal Correspondence and Correspondence with 55EEF29, Oct. 11, 2013, Oct. 21, 2013, Oct. 22, 2013 and Jul. 24, 2014, # 7 Exhibit 7 - Answer of B1572A6, Southern Star Capital, LLC v. XPO Global Logistics, Inc., et al., Dallas Cty. Dist. Ct. Case No. DC-18-07847, Aug. 20, 2018, # 8 Exhibit 8 - Third Amendment to Lease Agreement Between XPO Global Forwarding, Inc. and Roadmaster Trucking, Inc., Apr. 26, 2016, # 9 Exhibit 9 - Correspondence Between Counsel re Joint Proposed Scheduling Order, Dec. 14, 2018) (Mack, Edmond)
REPLY to Response to Motion re 193 MOTION for Joinder of XPO Global Forwarding, Inc. as Party Defendant filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
MOTION to Withdraw as Attorney Augustus Flottman, Benjamin Dusing and Stephen Weigand by Defendant 80E2F5B. (Attachments: # 1 Exhibit Declaration of A. Flottman, # 2 Exhibit Proposed Order) (Weigand, Stephen)
RESPONSE in Opposition re 193 MOTION for Joinder of XPO Global Forwarding, Inc. as Party Defendant filed by Defendant XPO Logistics, Inc.. (Motley, Martha)
ORDER granting 190 : B1572A6 answer due 2/25/2019. Signed by Magistrate Judge Kimberly A. Jolson on 2/19/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE of withdrawal of motion to dismiss and MOTION to Set Answer Date by Defendant B1572A6. (Camillus, John) Modified event and text on 2/7/2019 (er).
ORDER granting 188 Motion for Extension of Time: Defendant shall file his Reply in Support of his Motion to Dismiss by 2/4/2019. Signed by Magistrate Judge Kimberly A. Jolson on 1/28/2019. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Unopposed MOTION for Extension of Time to File Response/Reply New date requested 2/4/2019. by Defendant B1572A6. (Attachments: # 1 Text of Proposed Order) (Camillus, John)
ORDER issued re 181 Suggestion of Bankruptcy filed by 80E2F5B, 169 Suggestion of Bankruptcy filed by Mid America Tire of Hillsboro, Inc. and 149 Suggestion of Bankruptcy filed by 5E26081. This action is STAYED pursuant to Section 362(a) of the Bankruptcy Act, 11 U.S.C. § 362(a), as to Defendants 5E26081, Mid America Tires of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro, and Todd L. 80E2F5B only. Signed by Judge George C. Smith on 1/16/19. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 184 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Declaration of John O'Connor, May 29, 2018, # 2 Exhibit 2 - Email from O. Shokoufandeh to G. Watson, Feb. 20, 2015, # 3 Exhibit 3 - Email from B1572A6 to Vecron Exim Ltd., Mar. 7, 2016 and Email from B1572A6 to Great Southland Limited, Mar. 8, 2016, # 4 Exhibit 4 - Proof of Service, B1572A6 Subpoena Duces Tecum, Aug. 24, 2017, # 5 Exhibit 5 - Letter from E. Mack to A. Lisinski, Oct. 13, 2017, # 6 Exhibit 6 - Email from A. Lisinski to E. Mack, Oct. 20, 2017, # 7 Exhibit 7 - Email from E. Mack to Patterson P.C., Nov. 6, 2017, # 8 Exhibit 8 - Email from Patterson P.C. to E. Mack, Mar. 22, 2018, # 9 Exhibit 9 - Email from E. Mack to Patterson P.C., Mar. 22, 2018, # 10 Exhibit 10 - Email from P. Patterson to Mag. J. Jolson, Mar. 22, 2018, # 11 Exhibit 11 - B1572A6 Subpoena Response, Mar. 27, 2018, # 12 Exhibit 12 - Email from P. Patterson to Mag. J. Jolson, Apr. 12, 2018, # 13 Exhibit 13 - Emails from E. Mack to Counsel and B1572A6, Apr. 16 and 18, 2018, # 14 Exhibit 14 - Bank of America Records of Landash Corporation, # 15 Exhibit 15 - B1572A6 Answer, Aug. 28, 2018, Kirby Development, LLC v. XPO Global Forwarding, Inc., S.D.Ohio No. 218-cv-00500) (Mack, Edmond)
ANSWER to 177 Amended Complaint filed by XPO Logistics, Inc.. (Motley, Martha) Modified file date on 12/26/2018 - document was originally filed on 12/21, but original filing was missing pages. (er).
ORDER: Defendants shall move, plead, or respond to the Third Amended Complaint by 12/21/2018. Plaintiff and Defendant 55EEF29 shall supplement their initial disclosures by 1/11/2019. Defendants XPO, B1572A6, and 80E2F5B shall serve their initial disclosures by 1/11/2019. Joinder of Parties and Motions to Amend due by 6/3/2019. Fact Discovery due by 8/30/2019. Expert disclosures due by 9/13/2019. Rebuttal Expert due by 10/11/2019. Expert depositions due by 12/20/2019. Dispositive motions due by 1/31/2020. Upon completion of fact discovery, the parties are ORDERED to contact the Court to schedule mediation. The Court GRANTS the parties' joint request to each take up to 20 depositions. Signed by Magistrate Judge Kimberly A. Jolson on 12/19/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER: Joint Proposed Scheduling Order due by 12/14/2018. The Status Conference set for 12/13/2018 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 12/10/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
THIRD AMENDED COMPLAINT against 55EEF29, B1572A6, 5E26081, Mid America Tire of Hillsboro, Inc., 80E2F5B, XPO Logistics, Inc., filed by Abington Emerson Capital, LLC. (Attachments: # 1 Part II of the amended complaint) (sh)
OPINION AND ORDER granting in part and denying in part 161 Motion for Reconsideration ; granting 167 Motion for Leave to File; Clerk to file the third amended complaint along with exhibits. Signed by Judge George C. Smith on 12/7/18. (sh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
REPLY to Response to Motion re 167 MOTION for Leave to File Third Amended Complaint filed by Plaintiff Abington Emerson Capital, LLC. (McHugh, Brandon)
NOTICE by Plaintiff Abington Emerson Capital, LLC re 168 Response to Motion,, : Notice of Supplemental Authority Related to Plaintiff Abington Emerson Capital, LLCs Response in Opposition to Defendant XPO Logistics, Inc.s Motion for Reconsideration (Attachments: # 1 Exhibit 1 - Order Denying XPO's Motion to Stay, Vecron Exim Ltd. v. XPO Logistics, Inc., et al., S.D. Texas Case No. 4:18-cv-02394, Nov. 13, 2018) (Mack, Edmond)
REPLY to Response to Motion re 161 MOTION for Reconsideration re 159 Order on Motion to Set Aside,, Order on Motion for Leave to File, (Defendant XPO Global Forwarding, Inc.'s Reply in Support of its Motion for Reconsideration) filed by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit A) (Motley, Martha)
ORDER: This case has been previously identified as ready for mediation during the Court's December Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 11/15/2018 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 11/8/2018. (ew) )(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
SUGGESTION OF BANKRUPTCY Upon the Record as to Mid America Tire of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro by Defendant Mid America Tire of Hillsboro, Inc.. (Ferguson, Katherine)
RESPONSE to Motion re 161 MOTION for Reconsideration re 159 Order on Motion to Set Aside,, Order on Motion for Leave to File, filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Order Granting Motion for Comfort Order, # 2 Exhibit 2 - Motion for Leave to File Third Amended Complaint, # 3 Exhibit 3 - Order Granting Preliminary Injunction Against 55EEF29 - 10-4-18, # 4 Exhibit 4 - B1572A6 Answer - Southern Star Capital v. XPO - 8-20-18, # 5 Exhibit 5 - Hearing Transcript Mt. for Comfort Order) (McHugh, Brandon)
MOTION for Leave to File Third Amended Complaint by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Order Granting Motion for Comfort Order, # 2 Text of Proposed Order Proposed Order Granting Motion for Leave to File Third Amended Complaint) (McHugh, Brandon)
NOTICE by Defendant XPO Logistics, Inc. re 161 MOTION for Reconsideration re 159 Order on Motion to Set Aside,, Order on Motion for Leave to File, (Notice of Supplemental Authority Related to XPO's Motion for Reconsideration) (Attachments: # 1 Exhibit 1) (Motley, Martha)
ORDER vacating the Status Conference set for 10/11/2018. Signed by Magistrate Judge Kimberly A. Jolson on 10/10/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION for Reconsideration re 159 Order on Motion to Set Aside,, Order on Motion for Leave to File, by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Motley, Martha)
ORDER: Joint Proposed Scheduling Order due by 10/9/2018. Status Conference set for 10/11/2018 at 10:00 AM in Teleconference. Signed by Magistrate Judge Kimberly A. Jolson on 10/5/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
OPINION and ORDER granting 148 Plaintiff's Motion to Dissolve the Stay and granting 158 Defendant XPO's Motion for Leave to File (Instanter) Sur-Reply. Signed by Judge George C. Smith on 10/3/18. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION for Leave to File (Instanter) Sur-Reply by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit Sur-Reply in Further Support of its Opposition to Plaintiff's Motion to Dissolve Stay, # 2 Text of Proposed Order) (Motley, Martha)
ORDER granting 153 Motion for Extension of Time: Reply to 148 Motion to Dissolve Stay due by 8/17/2018. Signed by Magistrate Judge Kimberly A. Jolson on 8/9/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE to Motion re 153 MOTION for Extension of Time to File Response/Reply as to 148 MOTION to Set Aside Stay New date requested 8/17/2018. filed by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit 1) (Motley, Martha)
MOTION for Extension of Time to File Response/Reply as to 148 MOTION to Set Aside Stay New date requested 8/17/2018. by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Communication to Counsel, # 2 Exhibit 2 - Communication from Counsel for 80E2F5B, # 3 Exhibit 3 - Communication from Counsel for Mid America Tire of Hillsboro, Inc., # 4 Text of Proposed Order Proposed Order) (McHugh, Brandon)
ORDER: This case has been previously identified as ready for mediation during the Court's September Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 8/10/2018 to advise her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 8/3/2018. (ew) This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 148 MOTION to Set Aside Stay (Defendant's Opposition to Plaintiff's Motion to Dissolve Stay) filed by Defendant XPO Logistics, Inc.. (Motley, Martha)
MOTION to Set Aside Stay by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Judgment Entry, USA v. 55EEF29, S.D.Ohio Adv. Bankr. 18-ap-02043, # 2 Exhibit B- Adversary Complaint, USA v. 55EEF29, S.D.Ohio Adv. Bankr. 18-ap-02043, # 3 Exhibit C - Motion for Default Judgment and Notice of Motion for Default, USA v. 55EEF29, S.D.Ohio Adv. Bankr. 18-ap-02043, # 4 Exhibit D - Complaint, Tujague v. 5E26081, et al., E.D.Texas No. 18-cv-00408, # 5 Exhibit E - Motion for Temporary Restraining Order, Tujague v. 5E26081, et al., E.D.Texas No. 18-cv-00408, # 6 Exhibit F - Temporary Restraining Order, Tujague v. 5E26081, et al., E.D.Texas No. 18-cv-00408, # 7 Exhibit G - Subpoenas, Tujague v. 5E26081, et al., E.D.Texas No. 418-cv-00408, # 8 Exhibit H - Minute Entry and Admitted Exhibits, Tujague v. 5E26081, et al., E.D.Texas No. 18-cv-00408, # 9 Exhibit I - Order, Tujague v. 5E26081, et al., E.D.Texas No. 418-cv-00408) (McHugh, Brandon)
ORDER denying without prejudice 81 Motion to Compel; 134 Motion to File Document Under Seal. The parties are DIRECTED to notify the Court when the Bankruptcy Court has lifted the automatic stay. Signed by Magistrate Judge Kimberly A. Jolson on 6/4/2018. (ew)
OPINION and ORDER granting in part and denying as moot in part 125 126 Wilkins's and Echerd's Motions to Stay; XPO's and Mid America's Motions to Stay 10 128 are denied as moot. Signed by Judge George C. Smith on 6/1/18. (sem)
RESPONSE in Opposition re 133 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Declaration of John O'Connor, May 29, 2018, # 2 Exhibit 2 - Email from O. Shokoufandeh to G. Watson, Feb. 20, 2015, # 3 Exhibit 3 - Email from B1572A6 to Vecron Exim Ltd., Mar. 7, 2016 and Email from B1572A6 to Great Southland Limited, Mar. 8, 2016, # 4 Exhibit 4 - Proof of Service, B1572A6 Subpoena Duces Tecum, Aug. 24, 2017, # 5 Exhibit 5 - Letter from E. Mack to A. Lisinski, Oct. 13, 2017, # 6 Exhibit 6 - Email from A. Lisinski to E. Mack, Oct. 20, 2017, # 7 Exhibit 7 - Email from E. Mack to Patterson P.C., Nov. 6, 2017, # 8 Exhibit 8 - Email from Patterson P.C. to E. Mack, Mar. 22, 2018, # 9 Exhibit 9 - Email from E. Mack to Patterson P.C., Mar. 22, 2018, # 10 Exhibit 10 - Email from P. Patterson to Mag. J. Jolson, Mar. 22, 2018, # 11 Exhibit 11 - B1572A6 Subpoena Response, Mar. 27, 2018, # 12 Exhibit 12 - Email from P. Patterson to Mag. J. Jolson, Apr. 12, 2018, # 13 Exhibit 13 - Emails from E. Mack to Counsel and B1572A6, Apr. 16 and 18, 2018) (Mack, Edmond)
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:18-cv-500 are NOT related. Signed by Judge Algenon L. Marbley and Judge George C. Smith on 5/30/2018. (er)
REPLY to Response to Motion re 105 MOTION for Joinder to Landash Corporation's and 55EEF29 Notices of Filing Under Bankruptcy Code and Suggestion of Stay filed by Defendant XPO Logistics, Inc.. (Lisinski, Angelyne)
NOTICE of Substitution of Counsel - Katherine C. Ferguson substituting for David Alan Riepenhoff Attorney for Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified text on 5/24/2018 (jlk).
RESPONSE in Opposition re 128 MOTION for Joinder , 105 MOTION for Joinder to Landash Corporation's and 55EEF29 Notices of Filing Under Bankruptcy Code and Suggestion of Stay, 126 MOTION to Stay Litigation Pending Resolution of Bankruptcy Proceedings, 125 MOTION to Stay Proceedings filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Transcript of 341 Meeting of Creditors, # 2 Exhibit B - 5E26081 Criminal Docket, # 3 Exhibit C - Complaint for Denial of Discharge) (Klutinoty Edwards, Maria)
MOTION to File Document Under Seal : Plaintiff Abington Emerson Capital, LLCs Motion for Leave to File Under Seal the Deposition of Defendant 5E26081 Taken in the Star Funding Litigation Pursuant to S.D. Ohio Civ. R. 5.2.1(a) by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Stipulated Protective Order, Feb. 11, 2016, Star Funding, Inc. v. Vault Minerals, LLC, et al., S.D.N.Y. 1:15-cv-03026, # 2 Exhibit B - Email Correspondence re: Subpoena) (Mack, Edmond)
ORDER granting 117 , 120 Motions for Extension of Time to Answer. Mid-America and Mr. 80E2F5B shall move, plead, or respond to the Second Amended Complaint within 14 days after the Court rules on the pending Motions to Stay. Signed by Magistrate Judge Kimberly A. Jolson on 5/7/2018. (ew)
ORDER re 124 Motion to Withdraw as Attorney: Counsel may submit evidence in camera via email by 5/9/2018. The Court will consider the remaining portion of the Motion upon receipt of the affidavit. Signed by Magistrate Judge Kimberly A. Jolson on 5/7/2018. (ew)
Reply re 117 MOTION for Extension of Time to File Answer re 71 Amended Complaint, New date requested 5/16/2018. after ruling on motions to stay by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified text on 5/7/2018 (daf).
RESPONSE in Opposition re 120 MOTION for Extension of Time to File Response/Reply as to 71 Amended Complaint, New date requested 5/30/2018. filed by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria) Modified text on 5/7/2018 (daf).
MOTION to Withdraw as Attorney , MOTION to File Document Under Seal affirmation in support of motion to withdraw by Defendants 55EEF29, Landash Corporation, Counter Claimants 55EEF29, Landash Corporation. (Parlatore, Timothy)
ORDER granting 122 Motion for Extension of Time to Answer: B1572A6 answer due 5/10/2018. The Court notes that it received a pro se filing by Mr. B1572A6 via mail on 5/3/2018, but at the direction of Mr. Baltagis newly retained counsel, that filing will be disregarded. Signed by Magistrate Judge Kimberly A. Jolson on 5/3/2018. (ew)
Unopposed MOTION for Extension of Time to File Answer re 71 Amended Complaint, New date requested 5/10/2018. by Defendant B1572A6. (Attachments: # 1 Text of Proposed Order) (Camillus, John) Modified text on 5/7/2018 (daf).
Set/Reset Deadlines: Briefing on the issue of whether Defendant 80E2F5B Answer may be extended until fourteen days after the Court rules on the issue of a stay is the following: Plaintiff's Response in Opposition is due by 5/4/2018; Defendant 80E2F5B Reply, if any, is due by 5/9/2018. (sem)
Filed: 5/1/2018, Entered: 5/1/2018
Set/Reset Deadlines: 80E2F5B answer to the Second Amended Complaint due 5/14/2018. (sem)
ORDER granting in part 120 Defendant 80E2F5B Motion for Extension of Time, until May 14, 2018, to Move or Plead in Response to the Second Amended Complaint; Briefing on the issue of whether Defendant Wilkins Answer may be extended until fourteen days after the Court rules on the issue of a stay is hereby EXPEDITED as follows: Plaintiffs response in opposition is due May 4, 2018; Defendant Wilkins reply, if any, shall be filed by May 9, 2018. Signed by Magistrate Judge Kimberly A. Jolson on 5/1/18. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
MOTION for Extension of Time to File Response/Reply as to 71 Amended Complaint, New date requested 5/30/2018. by Defendant 80E2F5B. (Dusing, Benjamin) Modified text on 5/7/2018 (daf).
ORDER: Defendant Mid America Tire of Hillsboro, Inc. answer due 5/14/2018. The Court will allow Mid-America to file an expedited Reply as to 117 Motion for Extension of Time by 5/4/2018. Upon receipt of the Reply, the Court will make a determination if any further extension of Mid-America's answer deadline is necessary. Signed by Magistrate Judge Kimberly A. Jolson on 4/27/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 117 MOTION for Extension of Time to File Answer re 71 Amended Complaint, New date requested 5/16/2018. filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond) Modified text on 5/7/2018 (daf).
MOTION for Extension of Time to File Answer re 71 Amended Complaint, New date requested 5/16/2018. by Defendant Mid America Tire of Hillsboro, Inc.. (Riepenhoff, David) Modified on 5/7/2018 (daf).
ORDER denying as moot 75 Motion to Strike. Signed by Magistrate Judge Kimberly A. Jolson on 4/23/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
NOTICE by Plaintiff Abington Emerson Capital, LLC re 112 Order,,, : Notice of Lack of Unanimous Consent to Jurisdiction of Magistrate Judge (Mack, Edmond)
ORDER denying as moot 49 Motion to Quash and Motion for Protective Order, 61 Motion for Leave to File Supplement to Response in Opposition. The parties are DIRECTED to file a one-sentence Notice on the docket within 7 days stating whether the parties unanimously consent to the jurisdiction of the Magistrate Judge. Motions for Joinder or Motions to Stay due by 5/4/2018; Response due by 5/18/2018; Reply due 10 days thereafter. The parties are DIRECTED to meet and confer within 14 days re 81 Motion to Compel and submit a Joint Status Report via email by 4/27/2018. Defendant 80E2F5B is DIRECTED to meet and confer with Plaintiff within 10 days re ERRATA sheet for his deposition transcript and 75 Motion to Strike; Status report due via email by 4/23/2018. Signed by Magistrate Judge Kimberly A. Jolson on 4/13/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER granting 110 Motion for Extension of Time to Answer: B1572A6 answer due 5/3/2018. Signed by Magistrate Judge Kimberly A. Jolson on 4/13/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
RESPONSE in Opposition re 105 MOTION for Joinder to Landash Corporation's and 55EEF29 Notices of Filing Under Bankruptcy Code and Suggestion of Stay filed by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Correspondence from K. Richards to E. Mack, Apr. 12, 2018, # 2 Exhibit 2 - Docket and Order Authorizing Employment of Counsel, In re: Landash Corporation, S.D.Ohio Bank. No. 2:18-bk-50300, # 3 Exhibit 3 - Docket and Order Authorizing Employment of Counsel, In re: Jason E. 55EEF29, S.D.Ohio Bank. No. 2:18-bk-50671, # 4 Exhibit 4 - XPO Warehouse Security Interest Letter, Mar. 17, 2015) (Mack, Edmond)
MOTION for Joinder to Landash Corporation's and 55EEF29 Notices of Filing Under Bankruptcy Code and Suggestion of Stay by Defendant XPO Logistics, Inc.. (Attachments: # 1 Exhibit A Landash Petition for Bankruptcy, # 2 Exhibit B Interpleader Complaint) (Lisinski, Angelyne)
ORDER granting 95 , 96 , 97 Motions for Leave to Appear Pro Hac Vice of Robert L. Tobey and Coyt R. Johnston. Signed by Magistrate Judge Kimberly A. Jolson on 4/3/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 4/3/2018 (ew).
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383908) of Robert L. Tobey by Defendant 5E26081. (Attachments: # 1 Exhibit A) (Curphey, James)
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383930) of Coyt R. Johnston by Defendant 5E26081. (Attachments: # 1 Exhibit A) (Curphey, James)
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6383908) of Robert L. Tobey by Defendant 5E26081. (Attachments: # 1 Exhibit A) (Curphey, James)
ORDER: Status Conference set for 4/13/2018 at 10:30 AM in Teleconference. Signed by Magistrate Judge Kimberly A. Jolson on 3/29/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER granting 92 Motion for Extension of Time to Answer: B1572A6 answer due 4/12/2018. Signed by Magistrate Judge Kimberly A. Jolson on 3/23/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
ORDER OF RECUSAL. Magistrate Judge Elizabeth Preston Deavers recused. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/5/2018. (sln)
ORDER OF RECUSAL. Case reassigned to Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Magistrate Judge Chelsey M. Vascura on 2/23/2018. (agm)
RESPONSE in Opposition re 75 MOTION to Strike 67 Notice (Other),, as it violates Local Rule 5.4 and Fed.R.Civ.P. 30(e) filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
MOTION to Compel Production of Documents Sought by Subpoenas Served Upon Bank of America and AT&T Mobility and to Lift Interim Stay Imposed Upon Subpoenas by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
ORDER re Defendant 55EEF29 78 Amended Notice Of Bankruptcy Filing And Of Automatic Stay. Accordingly, this action is STAYED as to 55EEF29 until the Bankruptcy Court lifts the automatic stay under 11 U.S.C. § 362(a). Signed by Magistrate Judge Chelsey M. Vascura on 2/12/2018. (kpt)
MOTION to Strike 67 Notice (Other),, as it violates Local Rule 5.4 and Fed.R.Civ.P. 30(e) by Defendant 55EEF29, Counter Claimant 55EEF29. (Parlatore, Timothy)
MOTION to Amend/Correct : Motion for Leave to Submit Second Amended Complaint, Instater by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Text of Proposed Order) (Mack, Edmond)
ORDER: This action is STAYED until the Bankruptcy Court lifts the automatic stay under Section 362(a) of the Bankruptcy Act, 11 U.S.C. § 362(a) as to Landash. The Court ORDERS Defendant 55EEF29 to file his reply, if any, to Plaintiff's 63 Response to Defendant Landash Corporation's Notice of Filing Under Bankruptcy Code and Suggestion of Stay by 2/8/2018. Signed by Magistrate Judge Chelsey M. Vascura on 1/24/2018. (kpt)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Subpoena Ad Testificandum and Receipt of Notice of Deponents Refusal to Appear (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum Served Upon Vito J. Balsamo, # 2 Exhibit 2 - Executed Proof of Service of Subpoena Ad Testificandum Served Upon Vito J. Balsamo, # 3 Exhibit 3 - Correspondence from Attorney Richard S. Gravite Sent on Behalf of Vito J. Balsamo) (Mack, Edmond)
SUGGESTION OF BANKRUPTCY Upon the Record as to Landash Corporation by Counter Claimant Landash Corporation, Defendant Landash Corporation. (Parlatore, Timothy)
MOTION for Leave to File Supplement to Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order, Instanter by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit A - Supplement to Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order, # 2 Proposed Order) (Klutinoty Edwards, Maria)
NOTICE by Plaintiff Abington Emerson Capital, LLC Notice of Issuance of Amended Subpoena Ad Testificandum and Duces Tecum (Attachments: # 1 Exhibit Amended Subpoena Ad Testificandum and Duces Tecum Issued to 80E2F5B) (Mack, Edmond)
REPLY to Response to Motion re 49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order filed by Counter Claimants 55EEF29, Landash Corporation, Defendants 55EEF29, Landash Corporation. (Attachments: # 1 Exhibit A - Metadata on Bank Statement) (Parlatore, Timothy)
NOTATION ORDER granting 57 Motion for Extension of Time to File Response/Reply re 49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order. Replies due by 12/22/2017. By Magistrate Judge Chelsey M. Vascura on 12/21/2017. (agm)
MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order New date requested 12/22/2017. by Counter Claimants 55EEF29, Landash Corporation, Defendants 55EEF29, Landash Corporation. (Parlatore, Timothy)
ORDER granting 55 Stipulated Motion to Correct Time of Filing ofExhibits to Plaintiffs Response in Opposition to Defendants Motion to Quash and Motion for Protective Order. Signed by Magistrate Judge Chelsey M. Vascura on 12/8/17. (sem)
Unopposed MOTION to Amend/Correct 53 Response in Opposition to Motion, 54 Notice (Other),,,,,,, : Stipulated Motion to Correct Time of Filing of Exhibits to Plaintiff's Response in Opposition to Defendants' Motion to Quash and Motion for Protective Order by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Text of Proposed Order) (Mack, Edmond)
RESPONSE in Opposition re 49 MOTION to Quash Subpoenas on Bank of America and AT&T MOTION for Protective Order filed by Plaintiff Abington Emerson Capital, LLC. (Mack, Edmond)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Deposition Subpoenas (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum to Vito J. Balsamo, # 2 Exhibit 2 - Subpoena Ad Testificandum to Michael A. Gaggi) (Mack, Edmond)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas (Attachments: # 1 Exhibit 1 - Subpoena Ad Testificandum and Duces Tecum to Todd L. 80E2F5B, # 2 Exhibit 2 - Subpoena Duces Tecum to Mid America Tire of Hillsboro, Inc. dba Best-One Tire & Service of Hillsboro) (Mack, Edmond)
ORDER re 49 Motion to Quash, Motion for Protective Order, in that the Court STAYS the subpoenas and DIRECTS the subpoenaed third parties not to respond pending further order on Defendants' motion for protective order. The Court further ORDERS Plaintiff not to inspect any documents that it may receive from the third parties until the Court lifts the stay imposed by this Order. Signed by Magistrate Judge Chelsey M. Vascura on 11/17/2017. (kpt)
MOTION to Quash Subpoenas on Bank of America and AT&T, MOTION for Protective Order ( Responses due by 12/6/2017) by Counter Claimants 55EEF29, Landash Corporation, Defendants 55EEF29, Landash Corporation. (Attachments: # 1 Exhibit A - Bank Statement (redacted), # 2 Exhibit B - Invoice, # 3 Exhibit C - Invoice) (Parlatore, Timothy)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to Bank of America Corporation and Bank of America, NA (Redacted per Fed. R. Civ. P. 5.2), # 2 Exhibit 2 - Subpoena Duces Tecum Issued to AT&T Mobility LLC) (Mack, Edmond)
PRELIMINARY PRETRIAL ORDER: This case is referred to the September 2018 SETTLEMENT WEEK. Motions or stipulations addressing the parties or pleadings, if any, due by 2/4/2018. Primary Expert due by 7/1/2018. Rebuttal Expert due by 8/1/2018. Fact Discovery due by 5/31/2018. Depositions of experts due by 10/1/2018. Dispositive motions due by 11/1/2018. Signed by Magistrate Judge Chelsey M. Vascura on 10/27/17. (sem) Modified text on 10/31/2017 (kpt).
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Judge George C. Smith on 10/6/2017. (er)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to Smithfield Financing Group II LLC, # 2 Exhibit 2 - Subpoena Duces Tecum Issued to Sovereign Bank nka Veritex Community Bank) (Mack, Edmond)
ORDER memorializing the results of the telephonic discovery conference on 10/4/2017. Without waiving its right to withhold documents subject to the attorney-client privilege, Mid-America agreed to produce documents responsive to Document Request Numbers 3, 4, 5, 6, 13, and 14 WITHIN THIRTY DAYS. Mid-America's 32 Motion to Quash is DENIED WITHOUT PREJUDICE to renewal should Plaintiff and Mid-America be unable to reach agreement with respect to Document Request Numbers 1, 2, 7-12, and 15. Signed by Magistrate Judge Chelsey M. Vascura on 10/5/2017. (kdp)
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 2:17-cv-143 and 2:17-cv-719 are NOT related. Signed by Chief Judge Edmund A. Sargus and Judge George C. Smith on 9/21/2017. (kdp)
ORDER - Discovery Conference set for 10/4/2017 at 02:00 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. Signed by Magistrate Judge Chelsey M. Vascura on 9/19/2017. (agm)
Plaintiff and Counterclaim Defendant's ANSWER to 24 Answer to Amended Complaint, Counterclaim of Defendants Landash Corporation and 55EEF29 filed by Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
ORDER STRIKING Plaintiff's 33 Notice of Service of Initial Disclosures and DIRECTING it to cease filing notices of service of disclosures until they are used in a proceeding or the Court orders otherwise. Signed by Magistrate Judge Chelsey M. Vascura on 9/8/2017. (kdp)
Stricken per 34 Order: NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Service of Initial Disclosures (Mack, Edmond) Modified text to display strike on 9/8/2017 (kdp).
MOTION to Quash by Movant MID AMERICA TIRE OF HILLSBORO, INC.. (Attachments: # 1 Exhibit Subpoena Duces Tecum with Instructions and Definitions) (Riepenhoff, David)
NOTICE: This matter is scheduled for a telephonic informal discovery conference on FRIDAY, SEPTEMBER 15, 2017, at 3:30 p.m. EDT before Magistrate Judge Chelsey M. Vascura. (kdp)
NOTATION ORDER granting 25 Motion for Leave to Appear Pro Hac Vice of Timothy C. Parlatore, conditional upon Counsel providing his contact information to the Court and registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. Signed by Magistrate Judge Chelsey M. Vascura on 8/28/2017. (agm)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to Southern Star Capital, LLC and Michael Anderson, # 2 Exhibit 2 - Subpoena Duces Tecum Issued to Star Funding, Inc., # 3 Exhibit 3 - Subpoena Duces Tecum Issued to Great Southland Limited) (Mack, Edmond)
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6095851) of Timothy Parlatore by Defendants 55EEF29, Landash Corporation. (Nguyen Kaelber, Diem)
ORDER denying without prejudice 21 Motion for Leave to Appear Pro Hac Vice of Paul J. Fraidenburgh. Signed by Magistrate Judge Chelsey M. Vascura on 8/23/2017. (agm)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to Cantada Trading LLC and J. Luke Shannon, # 2 Exhibit 2 - Subpoena Duces Tecum Issued to Overland Ventures, LLC and Paul Ferruzza, # 3 Exhibit 3 - Subpoena Duces Tecum Issued to Robison Tire Co, Inc. and Michael Windam, # 4 Exhibit 4 - Subpoena Duces Tecum Issued to Knight Nguyen Investments, # 5 Exhibit 5 - Subpoena Duces Tecum Issued to Vecron Exim Ltd, # 6 Exhibit 6 - Subpoena Duces Tecum Issued to King Trade Capital, LLC and Edward King) (Mack, Edmond)
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6089284) of Paul J. Fraidenburgh by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing of Attorney Paul J. Fraidenburgh) (Mack, Edmond)
NOTICE by Plaintiff Abington Emerson Capital, LLC : Notice of Issuance of Subpoenas Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Duces Tecum Issued to 5E26081, # 2 Exhibit 2 - Subpoena Duces Tecum Issued to The Watson Group and Gerald C. Watson, # 3 Exhibit 3 - Subpoena Duces Tecum Issued to Integrity Corporate Funding, Inc., a/k/a I-Corp. Funding Group, and Vito Balsamo, # 4 Exhibit 4 - Subpoena Duces Tecum Issued to XPO Logistics, Inc., # 5 Exhibit 5 - Subpoena Duces Tecum Issued to B1572A6, # 6 Exhibit 6 - Subpoena Duces Tecum Issued to Roadmaster Trucking, Inc., # 7 Exhibit 7 - Subpoena Duces Tecum Issued to Mid America Tire of Hillsboro, Inc. d/b/a Best-One Tire & Service of Hillsboro) (Mack, Edmond)
ORDER denying 13 Plaintiff's Motion for Default Judgment and granting 16 Defendants' Motion to Set Aside Default. Signed by Judge George C. Smith on 8/2/17. (sem)
Amended Order Granting Plaintiff's Motion for Default Judgment submitted by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Exhibit Bill of Sale) (Klutinoty Edwards, Maria) Modified text on 7/26/2017 (sem).
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Magistrate Judge Terence P. Kemp no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/30/17. (jcw)
MOTION for Default Judgment against 55EEF29 and Landash Corporation by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Text of Proposed Order Default Judgment Proposed Order, # 2 Exhibit Bill of Sale - Exhibit for Proposed Order) (Klutinoty Edwards, Maria)
Clerk's ENTRY OF DEFAULT as to Defendants 55EEF29 & Landash Corporation. (er) Modified text on 8/2/2017 in that the Clerk's Entry of Default is VACATED per the Court's 8/2/17 Order (sem).
MOTION for Entry of Default against 55EEF29 and Landash Corporation by Plaintiff Abington Emerson Capital, LLC. (Attachments: # 1 Affidavit of Counsel, # 2 Text of Proposed Order) (Klutinoty Edwards, Maria) Modified type of motion on 6/6/2017 (er).
Set/Reset Deadlines: 55EEF29 answer due 5/31/2017; Landash Corporation answer due 5/31/2017. (kdp)
Filed: 5/19/2017, Entered: 5/30/2017
SUMMONS Returned Executed: 55EEF29 & Landash Corporation served on 5/17/2017; answer due 5/31/2017, pursuant to Rule 15 (a)(3). (er) Modified text and answer due date on 5/31/2017 (kdp).
AFFIDAVIT of Service for Amended Verified Complaint served on Landash Corporation & 55EEF29 on May 17, 2017, filed by Plaintiff Abington Emerson Capital, LLC. (Klutinoty Edwards, Maria)
ORDER - Plaintiff is directed to show cause within fourteen days why this action should not be dismissed. Signed by Magistrate Judge Terence P. Kemp on 5/3/2017. (agm)
SUMMONS Returned Executed as to Defendants 55EEF29, Landash Corporation. 55EEF29 served on 2/24/2017, answer due 3/17/2017; Landash Corporation served on 2/24/2017, answer due 3/17/2017. (agm)
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