| Court: | ohnd |
| Docket #: | 1:10-cv-02664 |
| Case Name: | Horan et al v. Johnson et al |
| PACER case #: | 170730 |
| Date filed: | 2010-11-23 |
| Date terminated: | 2011-08-23 |
| Assigned to: | Judge Solomon Oliver, Jr |
| Case Cause: | 28:1332 Diversity-Negotiable Instrument |
| Nature of Suit: | 140 Negotiable Instrument |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Michael J. Horan Plaintiff |
Kenneth Boukis Jack S. Curtis William T. Hohmann |
| Surtreat Concrete Restoration, Inc. Plaintiff |
Kenneth Boukis Jack S. Curtis William T. Hohmann |
| Alan N. Johnson Defendant also known asAlan Johnson |
Timothy F. Rose Dennis M. O'Toole Jack S. Curtis Matthew A. Dooley William T. Hohmann |
| J-Way Leasing Ltd. Defendant |
Timothy F. Rose Dennis M. O'Toole Jack S. Curtis Matthew A. Dooley William T. Hohmann |
| J-Way Leasing & Marine, LLC. Defendant |
Timothy F. Rose Dennis M. O'Toole Jack S. Curtis Matthew A. Dooley William T. Hohmann |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-11-23 | 1 | 0 | Complaint against J-Way Leasing Ltd., Alan N. Johnson, J-Way Leasing & Marine, LLC. Filing fee paid. Receipt # 14660041108. Filed by Michael J. Horan, Surtreat Concrete Restoration, Inc.. (Attachments: # 1 Exhibit A - Promissory Note Account, # 2 Exhibit B - Promissory Note, # 3 Exhibit C - Fax, # 4 Exhibit D - Financing Statement) (C,B) (Additional attachment(s) added on 11/24/2010: # 5 Civil Cover Sheet) (C,B). (Entered: 11/24/2010) | |||
| 2010-11-23 | 2 | 0 | Original Summons and Magistrate Consent Form issued for service upon J-Way Leasing & Marine, LLC., J-Way Leasing Ltd., Alan N. Johnson. (Attachments: # 1 Magistrate Consent Form) (C,B) (Entered: 11/24/2010) | |||
| 2010-11-29 | 3 | 0 | Return of Service by Clerk by certified mail executed upon Alan N. Johnson, no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) 1 . (B,B) (Entered: 11/29/2010) | |||
| 2010-11-29 | 4 | 0 | Return of Service by Clerk by certified mail executed upon J-Way Leasing & Marine, LLC., no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) 1 . (B,B) (Entered: 11/29/2010) | |||
| 2010-11-29 | 5 | 0 | Return of Service by Clerk by certified mail executed upon J-Way Leasing Ltd., no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) 1 . (B,B) (Entered: 11/29/2010) | |||
| 2010-12-22 | 6 | 0 | Proposed Stipulation for a 30 day leave until 1/21/2011 for defendants to file answer or otherwise plead filed by All Parties. (B,B) (Entered: 12/22/2010) | |||
| 2011-01-21 | 7 | 0 | Motion to dismiss filed by J-Way Leasing & Marine, LLC., J-Way Leasing Ltd., Alan N. Johnson. (Attachments: # 1 Exhibit)(O'Toole, Dennis) (Entered: 01/21/2011) | |||
| 2011-02-01 | 8 | 0 | Motion for extension of time until April 1, 2011 to File Memorandum In Opposition To Defendants' Motion To Dismiss And Combined Motion For Order Regarding Discovery filed by Michael J. Horan, Surtreat Concrete Restoration, Inc.. Related document(s) 7 . (Hohmann, William) (Entered: 02/01/2011) | |||
| 2011-02-03 | 9 | 0 | Magistrate Consent Package issued. (D,M) (Entered: 02/03/2011) | |||
| 2011-02-07 | 10 | 0 | Notice of Substitution of Counsel removing attorney Dennis M. O'Toole and adding attorney Matthew A. Dooley filed by on behalf of All Defendants. (Dooley, Matthew) (Entered: 02/07/2011) | |||
| 2011-02-07 | 11 | 0 | Marginal Entry Order granting 8 Motion for Extension of Time (re 8 ), only for limited discovery until 3/15/2011, on issues related to the pending Motion on Jurisdiction. A responsive brief to the Motion shall be filed by 3/29/2011. Signed by Judge Solomon Oliver, Jr on 2/7/2011. (D,M) (Entered: 02/07/2011) | |||
| 2011-03-01 | 12 | 0 | Case Management Conference Scheduling Order with case management conference to be held on 3/18/2011, at 11:00 AM at Chambers 19A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on 3/1/2011. (D,M) (Entered: 03/01/2011) | |||
| 2011-03-08 | 13 | 0 | Motion to excuse appearance at Case Management Conference filed by J-Way Leasing & Marine, LLC., J-Way Leasing Ltd., Alan N. Johnson. (Dooley, Matthew) (Entered: 03/08/2011) | |||
| 2011-03-16 | 14 | 0 | Second Motion for extension of time until April 25, 2011 and May 25, 2011 to Complete Discovery and File Memorandum in Opposition to Defendants' Motion To Dismiss, Respectively filed by Michael J. Horan, Surtreat Concrete Restoration, Inc.. Related document(s) 7 , 11 , 8 . (Hohmann, William) (Entered: 03/16/2011) | |||
| 2011-04-25 | 15 | 0 | Proposed Joint Stipulation For Enlargement Of Time To Complete Discovery And Settlement Negotiations filed by All Parties. (Hohmann, William) Modified text on 4/26/2011 (E,P). (Entered: 04/25/2011) | |||
| 2011-05-02 | 16 | 0 | Stipulation & Order for enlargement of 45 days to complete discovery and settlement negotiations. Case Management Conference is canceled will be reset. Signed by Judge Solomon Oliver, Jr on 5/2/2011. (D,M) (Entered: 05/02/2011) | |||
| 2011-08-10 | 17 | 0 | Stipulated Proposed Conditional Stipulation of Dismissal filed by All Parties. (Hohmann, William) Modified text on 8/11/2011 (E,P). (Entered: 08/10/2011) | |||
| 2011-08-23 | 18 | 0 | Order of Conditional Stipulation of Case Dismissal, without prejudice, at Defendants' costs. Signed by Judge Solomon Oliver, Jr on 8/23/2011. (D,M) (Entered: 08/23/2011) | |||
| 2012-10-02 | 19 | 0 | Motion To Record And Enter Supplemental Stipulation Of Judgment With Accompanying Brief filed by Michael J. Horan, Surtreat Concrete Restoration, Inc.. Related document(s) 18 . (Attachments: # 1 Proposed Order Supplemental Stipulation of Judgment)(Hohmann, William) (Entered: 10/02/2012) | |||
| 2012-10-16 | 20 | 0 | Opposition to 19 Motion To Record And Enter Supplemental Stipulation Of Judgment With Accompanying Brief filed by J-Way Leasing & Marine, LLC., J-Way Leasing Ltd., Alan N. Johnson. (Attachments: # 1 Declaration of Alan N. Johnson)(Dooley, Matthew) (Entered: 10/16/2012) | |||
| 2012-10-26 | 21 | 0 | Memorandum in Support of their Motion to Record and enter Supplemental Stipulation of Judgment and Brief in Opposition to Defendants Objection filed by All Plaintiffs. Related document(s) 20 , 19 . (Attachments: # 1 Exhibit Plaintiffs Summary of Payments (including credit for payments and calculation of interest to 10/17/12), # 2 Exhibit Plaintiffs Summary of Payments received (beginning 8/18/11 through 9/15/12)) (Hohmann, William) Modified text on 10/29/2012 (E,P). (Entered: 10/26/2012) | |||
| 2013-01-07 | 22 | 0 | Minute Order of Telephonic Status Conference held on 12/19/2012. Order referring case to Magistrate Judge Nancy A. Vecchiarelli to issue a report on two issues (1) whether the Supplemental Stipulation of Judgment should be entered; and (2) if the Supplemental Stipulation is entered, what amount is due to Plaintiffs. (re 19 ) Magistrate Judge Vecchiarelli should then issue a recommendation by 3/15/2013. The court would also indicate that the disagreement is about the difference in remaining payments due. The court encourages the parties to confer in order to decide how to calculate the installment payments owed to Plaintiff until the 2/15 date. Time: 40 minutes. Signed by Judge Solomon Oliver, Jr on 1/7/2013. (D,M) (Entered: 01/07/2013) | |||
| 2013-01-10 | 23 | 0 | Supplemental Brief In Support Of Motion To Record And Enter Supplemental Stipulation Of Judgment filed by All Plaintiffs. Related document(s) 19 . (Curtis, Jack) Modified text on 1/11/2013 (E,P). (Entered: 01/10/2013) | |||
| 2013-01-11 | 24 | 0 | Minutes of proceedings before Magistrate Judge Nancy A. Vecchiarelli.Telephone Conference held on 1/11/13. The parties were near agreement in settling the matter and requested more time for further discussion. The court agreed and scheduled a teleconference for Monday, January 14, 2013. See Notice and Order issued this day. (Court Reporter: None.)Time: 10 minutes. (M,M) (Entered: 01/11/2013) | |||
| 2013-01-11 | 25 | 0 | Notice and Order. Telephone Conference set for 1/14/2013 at 01:30 PM before Magistrate Judge Nancy A. Vecchiarelli to determine whether the parties were able to reach an agreement. The conference will use the court's bridge line, and the parties shall use the same contact information they used to join the January 11, 2013 conference, re 24 Telephone Conference Related document(s) 24 . (M,M) (Entered: 01/11/2013) | |||
| 2013-01-14 | 26 | 0 | Minute Order of Telephone Conference held on 1/14/2013. Parties agreed that a supplemental stipulation of judgment should be entered in the amount of $149,714.61 with interest at $36.629 per day from 1/1/2013. Parties to file by 1:30 PM on 1/15/2013 a written stipulation to that effect signed by counsel for both parties. Magistrate Judge Nancy A. Vecchiarelli on 1/14/2013. Time: 10 Minutes (Related document 23 ) (G,W) (Entered: 01/14/2013) | |||
| 2013-01-15 | 27 | 0 | Proposed Supplemental Stipulation of Judgment filed by All Parties. Related document(s) 19 . (Curtis, Jack) Modified text on 1/15/2013 (S,HR). (Entered: 01/15/2013) | |||
| 2013-01-15 | 28 | 0 | Judgment Entry Pursuant to stipulation and agreement of the parties reached at a Settlement Conference on January 14, 2013, Plaintiffs, Michael J. Horan and Surtreat Concrete Restoration, Inc. (hereinafter "Plaintiffs") are entitled to recover judgment, and judgment is hereby entered for Plaintiffs against Defendants, Alan N. Johnson a.k.a. Alan Johnson; J-Way Leasing, Ltd.; and J-Way Leasing & Marine, LLC. (hereinafter "Defendants"), individually and jointly, in the amount of $149,714.61, with interest in the amount of $36.629 per day from January 1, 2013, at Defendants' costs. Related document 27 . Signed by Judge Solomon Oliver, Jr. on 1/15/2013. (K,K) (Entered: 01/15/2013) | |||
| 2013-01-17 | 29 | 0 | Praecipe for issuance of Certificate of Judgment for Registration in Another District . $ 11.00 certification fee paid, receipt number 0647-5784734 filed by All Plaintiffs. (Attachments: # 1 Exhibit Clerk's Certification Of A Judgment To Be Registered In Another District)(Curtis, Jack) s/ by William Hohmann (S,HR). (Entered: 01/17/2013) | |||
| 2013-01-17 | 30 | 0 | Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements . $ 11.00 certification fee paid, receipt number 0647-5785160 filed by All Plaintiffs. (Attachments: # 1 Exhibit Certificate of Judgment Lien Upon Lands And Tenements)(Curtis, Jack) s/ by William Hohmann (S,HR). (Entered: 01/17/2013) | |||
| 2013-01-18 | 31 | 0 | Certificate of Judgment Lien Upon Lands and Tenements issued on 1/18/13 in favor of plaintiffs and against Defendants Alan N. Johnson a.k.a. Alan Johnson, J-Way Leasing, Ltd, and J-Way Leasing & Marine LLC, individually and jointly, in the amount of $149,714.61, with interest in the amount of $36.629 per day from January 1, 2013, at Defendants' costs. Related document(s) 30 , 28 . (Attachments: # 1 Certified Judgment Entry) (S,HR) (Entered: 01/18/2013) | |||
| 2013-02-20 | 32 | 0 | Certificate of Judgment for Registration in Another District issued on 2/20/2013 as to Defendants, Alan N. Johnson a.k.a. Alan Johnson; J-Way Leasing, Ltd; and J-Way Leasing & Marine, LLC, individually and jointly, in the amount of $149,714.61, with interest in the amount of $36.629 per day from January 1, 2013, at Defendants' costs. Related document(s) 28 , 29 . (Attachments: # 1 Certified copy of Judgment) (S,HR) (Entered: 02/20/2013) | |||
| 2013-03-19 | 33 | 0 | Satisfaction of 28 Judgment in favor of plaintiffs and against all defendants, filed by all plaintiffs. (Hohmann, William) Modified text on 3/22/2013 (S,HR). (Entered: 03/19/2013) | |||
| 2013-03-25 | 34 | 0 | Certificate of Judgment Lien Upon Lands and Tenements received from Lorain County Court of Common Pleas, Case No. 13CJ065467, entered on 1/24/2013 against Alan N. Johnson, a.k.a. Alan Johnson; J-Way Leasing, Ltd; and J-Way Leasing & Marine LLC in the amount of $149,714.61, with interest in the amount of $36,629 per day from 1/1/2013, at Defendants' costs in the above-entitled case, which are currently $372.00. (B,B) (Entered: 03/25/2013) |