Case details

Court: ohnd
Docket #: 1:03-cv-00871
Case Name: Noll v. Noll et al
PACER case #: 23235
Date filed: 2003-05-13
Date terminated: 2004-01-16
Assigned to: Judge Dan Aaron Polster
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ronald C. Noll
Plaintiff
in his individual capacity and in his capacities as Limited Partner of Lilnor Limited Partnership and as Shareholder of Cardinal American Corporation
Stephen G. Thomas
Law Office of Stephen G. Thomas Ste. 235 100 North Main Street Chagrin Falls, OH 44022 440-247-4765 Fax: 440-247-7446 Email: steve@sgtlaw.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gordon D. Kinder , II
2231 Delamere Drive Cleveland Heights, OH 44106 216-401-6469 Fax: 216-397-2936 Email: gkinder@gordonkinder.com
ATTORNEY TO BE NOTICED

S. Darwin Noll
Defendant
in his individual capacity and in his capacities as General Partner and Limited Partner of Lilnor Limited Partnership, as Director, Chairman of the Board and majority shareholder of Cardinal American Corporation, and as Director and Chairman of the Board
George S. Crisci
Zashin & Rich - Cleveland 4th Floor 950 Main Avenue Cleveland, OH 44113 216-696-4441 Fax: 216-696-1618 Email: gsc@zrlaw.com
ATTORNEY TO BE NOTICED

Robin M. Wilson
Office of the County Executive - Cuyahoga County Department of Law 7th Floor 310 Lakeside Avenue, W Cleveland, OH 44113 216-696-6464 Fax: 216-698-2744 Email: RWilson@cuyahogacounty.us
ATTORNEY TO BE NOTICED

Cardinal American Corporation
Defendant
Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

Timothy G. Warner
Cavitch Familo & Durkin 20th Floor 1300 East Ninth Street Cleveland, OH 44114 216-621-7860 Fax: 216-621-3415 Email: twarner@cfdf.com
ATTORNEY TO BE NOTICED

Cardinal Home Products, Inc.
Defendant
Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

Timothy G. Warner
(See above for address)
ATTORNEY TO BE NOTICED

Malvin Bank
Defendant
Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

William W. Jacobs
Thompson Hine 3900 Key Center 127 Public Square Cleveland, OH 44114 216-566-5500 Fax: 216-566-5800 Email: bill.jacobs@thompsonhine.com
ATTORNEY TO BE NOTICED

Thompson Hine, L.L.P.
Defendant
Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

William W. Jacobs
(See above for address)
ATTORNEY TO BE NOTICED

James Delaney
Defendant
Tyler L. Mathews
McDonald Hopkins - Cleveland Ste. 2100 600 Superior Avenue, E Cleveland, OH 44114 216-348-5742 Fax: 216-348-5474 Email: tmathews@mcdonaldhopkins.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L. McGaughey , Jr.
McDonald Hopkins - Cleveland Ste. 2100 600 Superior Avenue, E Cleveland, OH 44114 216-348-5400 Fax: 216-348-5474 Email: gmcgaughey@mcdonaldhopkins.com
ATTORNEY TO BE NOTICED

Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

Steven L. Gardner
McDonald Hopkins - Cleveland Ste. 2100 600 Superior Avenue, E Cleveland, OH 44114 216-348-5800 Fax: 216-348-5474
ATTORNEY TO BE NOTICED

Fred Mervis
Defendant
in his individual capacity and in his capacities as Chief Executive Officer of Cardinal Home Products and Shareholder of Cardinal American Corporation
Tyler L. Mathews
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George L. McGaughey , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

Steven L. Gardner
(See above for address)
ATTORNEY TO BE NOTICED

John Doe I
Defendant
Trustee of the Ronald C. Noll Trust
Lilnor Limited Partnership
Defendant
Robin M. Wilson
(See above for address)
ATTORNEY TO BE NOTICED

Timothy G. Warner
(See above for address)
ATTORNEY TO BE NOTICED

John Doe II
Defendant
Trustee of the S. Darwin Noll Charitable Foundation
George S. Crisci
(See above for address)
ATTORNEY TO BE NOTICED

Key Bank, N.A.
Defendant
Kathryn M. Miley
Wilkerson & Associates Ste. 200 24100 Chagrin Blvd. Cleveland, OH 44122 216-696-0808 Fax: 880-502-9720 Email: kmmiley@wilkersonlpa.com
ATTORNEY TO BE NOTICED

Karpus Investment Management
Defendant
James Petro
Defendant
Attorney General
G. James Van Heyde
Office of the Attorney General - Charitable Foundations State of Ohio 23rd Floor 150 East Gay Street Columbus, OH 43215 614-644-8710 Fax: 614-466-9788 Email: jvanheyde@ag.state.oh.us
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jill A. Whitworth
Assistant Attorney General Charitable Law Section 101 East Town Street 4th Floor Columbus, OH 43215-5148 614-466-8671 Fax: 614-466-9788 Email: jwhitworthy@ag.state.oh.us
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cardinal American Corporation
Counter-Claimant
Timothy G. Warner
(See above for address)
ATTORNEY TO BE NOTICED

Cardinal Home Products, Inc.
Counter-Claimant
Timothy G. Warner
(See above for address)
ATTORNEY TO BE NOTICED

Ronald C. Noll
Counter-Defendant
in his individual capacity and in his capacities as Limited Partner of Lilnor Limited Partnership and as Shareholder of Cardinal American Corporation

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-05-13 1 0 Complaint with jury demand (11 summons and Magistrate Consent Forms issued) against Malvin Bank, Cardinal American Corporation, Cardinal Home Products, Inc., James Delaney, John Doe I, John Doe II, Karpus Investment Management, Key Bank, N.A., Lilnor Limited Partnership, Fred Mervis, S. Darwin Noll, James Petro, Thompson Hine, L.L.P.. Filed by Ronald C. Noll. Filing fee paid; receipt number 642273. (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# 15 Exhibit O# 16 Civil Cover Sheet)(B, BA) (Entered: 05/15/2003)
2003-05-13 2 0 Random Assignment of Magistrate Judge Baughman (B, BA) (Entered: 05/15/2003)
2003-05-13 3 0 Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered: 05/15/2003)
2003-05-28 4 0 Notice of Appearance filed by Gordon D. Kinder, II on behalf of all plaintiffs. (Kinder, II, Gordon) Modified text of docket entry on 5/28/2003 (B, B). (Entered: 05/28/2003)
2003-06-02 5 0 Motion for stiplulated leave to plead until 6/23/2003 filed by Cardinal American Corporation, Cardinal Home Products, Inc., James Delaney, John Doe I, John Doe II, Lilnor Limited Partnership, S. Darwin Noll. (Wilson, Robin) Modified text of docket entry on 6/5/2003 (B, B). (Entered: 06/02/2003)
2003-06-02 6 0 Motion for stipulated leave to plead until 6/6/2003 filed by Malvin Bank, Thompson Hine, L.L.P.. (Wilson, Robin) Modified text of docket entry on 6/5/2003 (B, B). (Entered: 06/02/2003)
2003-06-03 7 0 Answer to Complaint (Related Doc # 1 ) filed by James Petro. (B, B) (Entered: 06/04/2003)
2003-06-04 8 0 Motion for stipulated leave to plead until 6/23/2003 filed by Fred Mervis. (Wilson, Robin) Modified text of docket entry on 6/5/2003 (B, B). (Entered: 06/04/2003)
2003-06-06 9 0 Answer to Complaint (Related Doc # 1 ) filed by Malvin Bank. (Jacobs, William) (Entered: 06/06/2003)
2003-06-06 10 0 Answer to Complaint (Related Doc # 1 ) filed by Thompson Hine, L.L.P.. (Jacobs, William) (Entered: 06/06/2003)
2003-06-09 11 0 Answer to Complaint (Related Doc # 1 ) filed by Key Bank, N.A.. (Miley, Kathryn) (Entered: 06/09/2003)
2003-06-06 12 0 Return of Service Executed upon Lilnor Limited Partnership by certified mail on 5/15/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 13 0 Return of Service Executed upon Fred Mervis by certified mail on 5/16/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 14 0 Return of Service Executed upon Cardinal Home Products, Inc. by certified mail on 5/15/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 15 0 Return of Service Executed upon Malvin Bank by certified mail on 5/16/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 16 0 Return of Service Executed upon James Petro by certified mail on 5/16/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 17 0 Return of Service Executed upon Thompson Hine, L.L.P. by certified mail on 5/15/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 18 0 Return of Service Executed upon Cardinal American Corporation by certified mail on 5/15/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 19 0 Return of Service Executed upon Key Bank, N.A. by certified mail on 5/15/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 20 0 Return of Service Executed upon Karpus Investment Management by certified mail on 5/16/03 filed by Ronald C. Noll. (M, J A) (Entered: 06/09/2003)
2003-06-06 21 0 Return of Service Executed upon defendant James Delaney by regular mail deposited 6/5/2003 after the initial attempt of service by certified mail deposited 5/14/2003, was returned marked "unclaimed". (certified mail postage = $8.00 and ordinary mail postage = $3.95 for a total of 11.95) (B, B) Modified text of docket entry on 6/10/2003 (B, B). (Entered: 06/10/2003)
2003-06-06 22 0 Return of Service Executed upon defendant S. Darwin Noll by ordinary mail deposited on 5/22/2003, after the initial attempt of service by certified mail deposited on 5/14/2003, was returned marked "refused". (certified mail postage = $8.00, ordinary mail postage = $3.95 for a total of $11.95). (B, B) Modified text of docket entry on 6/10/2003 (B, B). (Entered: 06/10/2003)
2003-06-11 23 0 Corporate Disclosure Statement filed by Key Bank, N.A.. (Miley, Kathryn) (Entered: 06/11/2003)
2003-06-23 24 0 Motion for Stipulated leave until 7/7/2003 to answer, move, plead or otherwise respond to plaintiff's complaint filed by Lilnor Limited Partnership, Cardinal American Corporation, and Caridnal Home Products, Inc. (Warner, Timothy) Modified text of docket entry on 6/25/2003 (B, B). (Entered: 06/23/2003)
2003-06-23 25 0 Separate Answer to Complaint (Related Doc # 1 ) filed by Fred Mervis. (McGaughey, Jr., George) Modified text of docket entry on 6/25/2003 (B, B). (Entered: 06/23/2003)
2003-06-23 26 0 Separate Answer to Complaint (Related Doc # 1 ) filed by James Delaney. (McGaughey, Jr., George) Modified text of docket entry on 6/25/2003 (B, B). (Entered: 06/23/2003)
2003-06-23 27 0 Separate Answer to Complaint of Trustee of S. Darwin Noll Charitable Trust (Related Doc # 1 ) filed by John Doe II. (Related document(s) 1 ) (Crisci, George) Modified text of docket entry on 6/25/2003 (B, B). (Entered: 06/23/2003)
2003-06-23 28 0 Separate Answer to Complaint (Related Doc # 1 ) filed by S. Darwin Noll. (Related document(s) 1 ) (Crisci, George) Modified text of docket entry on 6/25/2003 (B, B). Modified text of docket entry on 6/25/2003 (B, B). (Entered: 06/23/2003)
2003-06-25 29 0 Amended Answer to Plaintiff's Verified Complaint filed by Thompson Hine, L.L.P.. (Wilson, Robin) (Entered: 06/25/2003)
2003-06-25 30 0 Amended Answer to Plaintiff's Verified Complaint filed by Malvin Bank. (Wilson, Robin) (Entered: 06/25/2003)
2003-07-01 31 0 Case Management Conference Scheduling Order signed by Judge Polster on 7/1/03.Case management conference to be held on 7/23/2003 at 9:00 AM, at Chambers 18B. (P, R) (Entered: 07/01/2003)
2003-07-01 32 0 Order signed by Judge Polster on 7/1/03. Case to proceed in the electronic filing system. All further documents, notices and orders are to be filed electronically. (Attachments: # 1 Policy & Procedure Manual)(P, R) (Entered: 07/01/2003)
2003-07-03 33 0 Notice of Appearance filed by Steven L. Gardner on behalf of James Delaney, Fred Mervis. (Gardner, Steven) Modified text of docket entry on 7/7/2003 (B, B). (Entered: 07/03/2003)
2003-07-07 34 0 Answer to plaintiff's verified complaint (Related Doc # 1 ), with counterclaims against Ronald C. Noll filed by Cardinal American Corporation, Cardinal Home Products, Inc.. (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)(Warner, Timothy for Bruce Hearey) Modified text on 7/7/2003 (H, D). Modified text of docket entry on 7/8/2003 (B, B). (Entered: 07/07/2003)
2003-07-07 35 0 Answer to plaintiff's verified complaint (Related Doc # 1 ) filed by Lilnor Limited Partnership. (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)(Warner, Timothy for Bruce Hearey) Modified on 7/7/2003 (H, D). Modified text of docket entry on 7/8/2003 (B, B). (Entered: 07/07/2003)
2003-07-10 36 0 Notice of rescheduling 7/23/03 case management conference for 7/28/2003 at 9:00 AM at Chambers 18B. (P, R) (Entered: 07/10/2003)
2003-07-11 37 0 Motion for leave to Permit Lead Counsel to Participate via Telephone in Case Management Conference filed by John Doe II, S. Darwin Noll. (Crisci, George) (Entered: 07/11/2003)
2003-07-22 38 0 Corporate Disclosure Statement filed by Lilnor Limited Partnership. (Warner, Timothy) (Entered: 07/22/2003)
2003-07-22 39 0 Corporate Disclosure Statement filed by Cardinal Home Products, Inc.. (Warner, Timothy) (Entered: 07/22/2003)
2003-07-22 40 0 Corporate Disclosure Statement filed by Cardinal American Corporation. (Warner, Timothy) (Entered: 07/22/2003)
2003-07-15 41 0 Motion for leave to excuse the presence of lead counsel and to permit representation of defendants by attorney Steven Gardner filed by James Delaney, Fred Mervis. (B, B) (Entered: 07/23/2003)
2003-07-24 42 0 Report of Parties' Planning Meeting under Fed. R. Civ. P. 26 (f) anbd LR 16.3 (b) (3) filed by Ronald C. Noll. (Attachments: # 1 Schedule Plaintiff's Schedule of Damages# 2 Schedule Cardinal Home Products' and Cardinal American Corporation's Schedule of Damages# 3 Schedule Thompson Hine's Response to Plaintiff's Schedule of Damages# 4 Schedule Malvin Bank's Response to Plaintiff's Schedule of Damages# 5 Schedule KeyBank's Response to Plaintiff's Schedule of Damages)(Thomas, Stephen) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/24/2003)
2003-07-24 43 0 Response to plaintiffs schedule of damages and settlement demand filed by James Delaney, Fred Mervis, and Ronald C. Noll. (Thomas, Stephen) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/24/2003)
2003-07-25 44 0 Response to plaintiff's settlement demand filed by Lilnor Limited Partnership and Ronald C. Noll. (Thomas, Stephen) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/25/2003)
2003-07-27 45 0 Response to plaintiff's schedule of damages and settlement demand filed by John Doe II, S. Darwin Noll, and Trustee of S. Darwin Noll Charitable Trust. (Related document(s) 42 ) (Crisci, George) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/27/2003)
2003-07-28 46 0 Answer to the Counterclaim of Defendants Cardinal American Corporation and Cardinal Home Products, Inc. with jury demand filed by Ronald C. Noll. (Thomas, Stephen) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/28/2003)
2003-07-30 47 0 Affidavit of Plaintiff Ronald C. Noll filed by Ronald C. Noll. (Thomas, Stephen) Modified text of docket entry on 7/31/2003 (B, B). (Entered: 07/30/2003)
2004-01-16 48 0 Order of Dismissal Without prejudice. Statute of limitations tolled as to federal claim until 30 days after state law issue is resolved. Signed by Judge Dan Aaron Polster on 1/16/04. (P, R) (Entered: 01/16/2004)
2004-01-20 49 0 Copy of the docket, complaint, and closing order was issued to the Commissioner of Patents and Trademarks, return receipt requested on 1/20/2004. (B, B) (Entered: 01/20/2004)
2004-01-28 50 0 Acknowledgement of receipt of papers by the Commissioner of Patents and Trademarks. (B, B) (Entered: 01/28/2004)