216 Jamaica Avenue v. S & R Playhouse Realty Co.

Plaintiff:216 Jamaica Avenue
Defendant:S & R Playhouse Realty Co.
 
Case Number:1:2006cv01288
Filed:May 24, 2006
 
Court:Ohio Northern District Court
Office:Contract: Other Office [ Court Info ]
County:Cuyahoga
Presiding Judge:Hon. Christopher A. Boyko
Presiding Judge:Judge Christopher A. Boyko
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-(Citizenship)
Date Filed # Docket Text
May 24, 2006 2 Random Assignment of Magistrate Judge Hemann (M, P) (Entered: May 25, 2006)
May 24, 2006 3 Corporate Disclosure Statement filed by 216 Jamaica Avenue. Related document(s) 1 . (M, P) (Entered: May 25, 2006)
May 25, 2006 1 Complaint with jury demand against S & R Playhouse Realty Co. (Filing fee $350 receipt number 14660001383.). Filed by 216 Jamaica Avenue. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Civil Cover Sheet)(M, P) (Entered: May 25, 2006)
May 26, 2006 4 Praecipe to issue summons for defendant filed by 216 Jamaica Avenue. (C, K A) (Entered: May 30, 2006)
May 26, 2006 Summons issued to counsel for plaintiff for defendant S & R Playhouse Realty Co. on 5/26/2006 (related doc 4 ) (C, K A) (Entered: May 30, 2006)
May 30, 2006 5 Return of Service Executed upon S & R Playhouse Realty Co. by Personal Service on May 26, 2006 filed by 216 Jamaica Avenue (Niehaus, James) (Entered: May 30, 2006)
June 22, 2006 6 Case Management Conference Scheduling Order with case management conference to be held on 8/15/2006 at 11:00 AM at Chambers 15B before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 06/22/06. (Attachments: # 1 Report of Parties Planning Meeting)(M, M) (Entered: June 22, 2006)
July 6, 2006 7 Joint Motion for extension of time until August 7, 2006 to answer , Move or Otherwise Plead filed by all parties. (Williger, Stephen) (Entered: July 6, 2006)
July 12, 2006 8 Motion for attorney David H. Thompson to Appear Pro Hac Vice Filing fee 190, receipt number 14660002411. filed by 216 Jamaica Avenue. Filing fee paid; receipt number 14660002411. (Attachments: # 1 Affidavit)(Niehaus, James) (Entered: July 12, 2006)
July 12, 2006 9 Motion for attorney David M. Lehn to Appear Pro Hac Vice Filing fee 190, receipt number 14660002411. filed by 216 Jamaica Avenue. Filing fee paid; receipt number 14660002411. (Attachments: # 1 Affidavit)(Niehaus, James) (Entered: July 12, 2006)
July 12, 2006 10 Motion for attorney Charles J. Cooper to Appear Pro Hac Vice Filing fee 190, receipt number 14660002411. filed by 216 Jamaica Avenue. Filing fee paid; receipt number 14660002411. (Attachments: # 1 Affidavit)(Niehaus, James) (Entered: July 12, 2006)
July 14, 2006 11 Attorney Appearance by Christopher G. Keim filed by on behalf of 216 Jamaica Avenue. (Keim, Christopher) (Entered: July 14, 2006)
July 27, 2006 12 Report of Parties' Planning Meeting under Fed.R.Civ.P.26(f) and L.R. 16.3(b) filed by 216 Jamaica Avenue. (Niehaus, James) (Entered: July 27, 2006)
August 3, 2006 13 Joint Proposed Stipulation and Motion for Extension of Time to Answer, Move or Otherwise Plead filed by S & R Playhouse Realty Co.. (Williger, Stephen) (Entered: August 3, 2006)
August 7, 2006 14 Initial Disclosures filed by S & R Playhouse Realty Co.. (Walters, Gary) (Entered: August 7, 2006)
August 11, 2006 15 Motion to dismiss filed by S & R Playhouse Realty Co.. (Attachments: # 1 Exhibit)(Williger, Stephen) (Entered: August 11, 2006)
August 15, 2006 Stipulation & Order (non document) granting defendant's motion for extension of time including 8/11/06 to answer, move, or plead re 13 Stipulation filed by S & R Playhouse Realty Co . Entered by Judge Christopher A. Boyko on 08/15/06. (M, M) (Entered: August 15, 2006)
August 15, 2006 16 Motion to withdraw document Defendant's Motion to Dismiss filed by S & R Playhouse Realty Co.. Related document(s) 15 . (Walters, Gary) (Entered: August 15, 2006)
August 15, 2006 Minutes of proceedings [non document].Case Management Conference held on 08/15/06 before Judge Christopher A. Boyko. All counsel present. Parties will submit stipulations of fact to the Court no later than September 12, 2006. Defendant shall withdraw its Motion to Dismiss. Summary Judgment motions are due October 12, 2006. Briefs in Opposition are due November 14, 2006. Reply briefs are due November 27, 2006. (M, M) (Entered: August 16, 2006)
August 16, 2006 Order [non document] granting defendants' Motion to withdraw document (Related Doc # 16 ). Entered by Judge Christopher A. Boyko on 08/16/06.(M, M) (Entered: August 17, 2006)
August 16, 2006 Order [non document] granting Motion for appearance pro hac vice by attorneys David H. Thompson, David M. Lehn, and Charles J. Cooper for 216 Jamaica Avenue (Related Doc # 8 ), (Related Doc # 9 ), (Related Doc # 10 ) upon condition that counsel appear at all scheduled hearings. Only one counsel from the same firm need attend. Entered by Judge Christopher A. Boyko on 08/16/06.(M, M) (Entered: August 17, 2006)
September 12, 2006 17 Amended complaint with Jury Demand against S & R Playhouse Realty Co. Filed by 216 Jamaica Avenue. (Niehaus, James) Modified on 9/13/2006 (S, R). (Entered: September 12, 2006)
September 12, 2006 18 First Submission fo Joint Stipulated Facts filed by all parties. (Walters, Gary) Modified on 9/13/2006 (S, R). (Entered: September 12, 2006)
October 4, 2006 19 Answer to Amended Complaint (Related Doc # 17 ) filed by S & R Playhouse Realty Co.. (Williger, Stephen) (Entered: October 4, 2006)
October 12, 2006 20 Motion for summary judgment and Request for Oral Argument filed by 216 Jamaica Avenue. (Attachments: # 1 Memorandum in Support of Motion of Plaintiff 216 Jamaica Avenue LLC for Summary Judgment# 2 Exhibit A to Memorandum# 3 Exhibit B to Memorandum# 4 Certification Pursuant to Local Civil Rule 7.1(f))(Cooper, Charles) (Entered: October 12, 2006)
October 12, 2006 21 Motion for summary judgment filed by S & R Playhouse Realty Co.. Related document(s) 15 . (Williger, Stephen) (Entered: October 12, 2006)
October 19, 2006 22 Motion for leave (Instanter) to file supplement to defendant's motion for summary judgment filed by S & R Playhouse Realty Co.. (Attachments: # 1 Exhibit A)(Williger, Stephen) (Entered: October 19, 2006)
November 3, 2006 Order [non document] granting 7 defendant's Motion for Extension of Time to Answer . Entered by Judge Christopher A. Boyko on 11/02/06.(M, M) (Entered: November 3, 2006)
November 6, 2006 23 Emergency Motion for extension of summary judgment briefing schedule and to hold in temporary abeyance the depostion of Mr. Thomas Ketteler filed by S & R Playhouse Realty Co.. (Walters, Gary) (Entered: November 6, 2006)
November 6, 2006 24 Opposition to Motion for leave (Instanter) to file supplement to defendant's motion for summary judgment filed by 216 Jamaica Avenue. Related document(s) 22 . (Cooper, Charles) (Entered: November 6, 2006)
November 7, 2006 25 Opposition to Emergency Motion for extension of summary judgment briefing schedule and to hold in temporary abeyance the depostion of Mr. Thomas Ketteler filed by 216 Jamaica Avenue. Related document(s) 23 . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Cooper, Charles) (Entered: November 7, 2006)
November 14, 2006 Order [non document] denying defendant's emergency Motion for order (Related Doc # 23 ) to extend summary judgment briefing schedule. Entered by Judge Christopher A. Boyko on 11/14/06.(M, M) (Entered: November 14, 2006)
November 14, 2006 26 Opposition to Motion for summary judgment filed by 216 Jamaica Avenue. Related document(s) 21 . (Attachments: # 1 Exhibit December 2005 estoppel certificate)(Cooper, Charles) (Entered: November 14, 2006)
November 14, 2006 27 Opposition to Motion for summary judgment filed by S & R Playhouse Realty Co.. Related document(s) 21 . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Walters, Gary) (Entered: November 14, 2006)
November 27, 2006 28 Reply to response to Motion for summary judgment filed by S & R Playhouse Realty Co.. Related document(s) 21 . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Walters, Gary) (Entered: November 27, 2006)
November 27, 2006 29 Reply to response to Motion for summary judgment and Request for Oral Argument filed by 216 Jamaica Avenue. Related document(s) 20 . (Attachments: # 1 Exhibit A (Equitable Life v. Freda)# 2 Exhibit B (Zilka v. Central South)# 3 Exhibit C (Davis v. DiFilippo))(Cooper, Charles) (Entered: November 27, 2006)
December 5, 2006 30 Motion for leave to file Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by 216 Jamaica Avenue. Related document(s) 21 . (Attachments: # 1 Exhibit A (Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment))(Cooper, Charles) (Entered: December 5, 2006)
December 20, 2006 31 Opposition to Motion for leave to file Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by S & R Playhouse Realty Co.. Related document(s) 30 . (Walters, Gary) (Entered: December 20, 2006)
December 27, 2006 32 Reply to response to Motion for leave to file Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by 216 Jamaica Avenue. Related document(s) 30 . (Cooper, Charles) (Entered: December 27, 2006)
January 3, 2007 33 Motion for leave to File Supplemental Brief in Opposition to Defendant's Instanter Motion for Leave to File Supplement To Defendant's Motion for SUmmary Judgment filed by 216 Jamaica Avenue. (Attachments: # 1 Exhibit A - Supplemental Brief# 2 Exhibit B - Ketteler Deposition)(Cooper, Charles) (Entered: January 3, 2007)
January 17, 2007 34 Motion for leave to File Reply Brief in Support of Defendant's Instanter Motion for Leave to File Supplement to Defendant's Motion for Summary Judgment and in Response to Plaintiff's Supplemental Brief in Opposition filed by S & R Playhouse Realty Co.. (Attachments: # 1 Exhibit A)(Walters, Gary) (Entered: January 17, 2007)
April 23, 2007 35 Motion for leave to File Supplemental Brief in Support of its Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by 216 Jamaica Avenue. (Attachments: # 1 Exhibit A - Supplemental Brief in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment# 2 Exhibit B - Deposition of Patrick M. Lott)(Cooper, Charles) (Entered: April 23, 2007)
May 8, 2007 36 Supplemental Memorandum In Support of 21 Motion for summary judgment and Opposed to Plaintiff 216 Jamaica's Supplemental Motion in Support of Summary Judgment filed by S & R Playhouse Realty Co.. (Attachments: # 1 Exhibit A Transcript# 2 Exhibit B Transcript# 3 Exhibit C Transcript)(Walters, Gary) (Entered: May 8, 2007)
May 9, 2007 37 Notice of Filing of Deposition Transcript of Stuart Venner filed by S & R Playhouse Realty Co.. (Walters, Gary) (Entered: May 9, 2007)
May 9, 2007 38 Notice of Filing of Deposition Transcript of Grace Chang Venner filed by S & R Playhouse Realty Co.. (Walters, Gary) (Entered: May 9, 2007)
May 9, 2007 39 Deposition Transcript (copy) of Grace Chang Venner taken on 12/14/06. Complete document on file, 46 pages. filed by S & R Playhouse Realty Co.. Related document(s) 38 . (E,P) Modified filing date on 5/14/2007 (E, P). (Entered: May 14, 2007)
May 9, 2007 40 Deposition Transcript (copy) of Stuart Venner taken on December 14-15, 2006. Complete document on file, (Volume 1) 145 pages; (Volume 2) 109 pages. filed by S & R Playhouse Realty Co. Related document(s) 37 . (E,P) (Entered: May 14, 2007)
May 22, 2007 41 Reply in support of 35 Motion for leave to File Supplemental Brief in Support of its Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by 216 Jamaica Avenue. (Attachments: # 1 Exhibit A (Notice of deposition -- S&R 30(b)(6))# 2 Exhibit B (Collateral Mortgage Modification Agreement (Dec. 19, 2001))# 3 Exhibit C (Collateral Assignment of Leases and Rents (Feb. 15, 1995))# 4 Exhibit D (Confidential Memorandum No. 48 (Sept. 17, 1984)))(Cooper, Charles) (Entered: May 22, 2007)
July 2, 2007 Order [non document] denying Plaintiff's Motion for leave (Related Doc # 30 ); denying Plaintiff's Motion for leave (Related Doc # 33 ); denying Defendant's Motion for leave (Related Doc # 34 ); denying Plaintiff's Motion for leave (Related Doc # 35 ); denying Defendant's Motion for leave (Related Doc # 22 ). Entered by Judge Christopher A. Boyko on 07/02/07.(M,M) (Entered: July 2, 2007)
July 2, 2007 42 Opinion and Order denying Plaintiff's Motion for summary judgment (Related Doc # 20 ); granting Defendant's Motion for summary judgment (Related Doc # 21 ). Signed by Judge Christopher A. Boyko on 07/02/07.(M,M) (Entered: July 3, 2007)
July 2, 2007 43 Judgment Entry in favor of S & R Playhouse Realty Co. against 216 Jamaica Avenue re 42 Order on Motion for summary judgment. Signed by Judge Christopher A. Boyko on 07/02/07.(M,M) (Entered: July 3, 2007)
July 19, 2007 44 NOTICE OF APPEAL to USCA for the 6th Circuit from 7/2/07 opinion and judgment 42 and 43 filed by 216 Jamaica Avenue. (Filing fee $455 paid; receipt number 2557906) (Cooper, Charles) Modified text 7/20/2007 (C, K). (Entered: July 19, 2007)
August 8, 2007 45 Acknowledgment from the USCA for Sixth Circuit of receipt of 44 Notice of Appeal (USCA# 07-3967). Date filed in USCA 7/31/07. (H, SP) (Entered: August 8, 2007)
August 24, 2007 46 First Address Change Notice by David H. Thompson, Charles J. Cooper filed by on behalf of 216 Jamaica Avenue. (Cooper, Charles) (Entered: August 24, 2007)
August 29, 2008 47 Information Copy of opinion from USCA for the Sixth Circuit: The judgment of the District Court is reversed and the case is remanded for further proceedings consistent with this opinion re 44 Notice of Appeal (USCA# 07-3967). This is not a mandate order. Circuit Judges: Keith and Sutton, District Judge: Ackerman. Date issued by USCA 8/27/08 (Attachments: # 1 Judgment) (H, SP) (Entered: 09/02/2008)
September 24, 2008 49 True copy of mandate from the USCA for the Sixth Circuit: The judgment of the District Court is reversed and the case is remanded as to 44 Notice of Appeal (USCA# 07-3967). Date issued as mandate 9/22/08 (H, SP) (Entered: 09/25/2008)
September 25, 2008 48 Motion for summary judgment (Renewed) filed by Plaintiff 216 Jamaica Avenue. Related document(s) 29 , 20 , 26 . (Cooper, Charles) (Entered: September 25, 2008)
October 24, 2008 50 Motion for leave to Amend Answer Instanter filed by Defendant S & R Playhouse Realty Co.. (Attachments: # 1 Brief in Support for Motion to Amend Answer, # 2 Exhibit Motion for Leave to Amend Answer, # 3 Exhibit Motion for Leave to Amend Answer)(Walters, Gary) (Entered: October 24, 2008)
October 24, 2008 51 Motion to continue Pursuant to Fed. R. CIV. P. 56(F) filed by Defendant S & R Playhouse Realty Co.. (Attachments: # 1 Brief in Support Memorandum in Support of Defendant S&R Playhouse Realty Co.'s Motion for Continuance Pursuant to Fed. R. CIV. P. 56(F), # 2 Exhibit Motion for Continuance Pursuant to Fed. R. CIV. P. 56(F), # 3 Exhibit Motion for Continuance Pursuant to Fed. R. CIV. P. 56(F), # 4 Exhibit Motion for Continuance Pursuant to Fed. R. CIV. P. 56(F), # 5 Exhibit Motion for Continuance Pursuant to Fed. R. CIV. P. 56(F))(Walters, Gary) (Entered: October 24, 2008)
Docket Report Last Checked: October 27, 2008 13:05:58 PDT
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Plaintiff: 216 Jamaica Avenue
Represented By: Charles J. Cooper, Christopher G. Keim, David M. Lehn, James B. Niehaus, David H. Thompson
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Defendant: S & R Playhouse Realty Co.
Represented By: Gary L. Walters, Stephen D. Williger
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