| Court: | ohsd |
| Docket #: | 1:03-cv-00283 |
| Case Name: | Lynn Josephson Inc v. Queen City Marketing, et al |
| PACER case #: | 5619 |
| Date filed: | 2003-04-18 |
| Date terminated: | 2004-11-02 |
| Assigned to: | Judge Sandra S Beckwith |
| Referred to: | Judge Timothy S. Black |
| Case Cause: | 07:499 Agricultural Commodities Act |
| Nature of Suit: | 891 Agriculture Acts |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Lynn Josephson Produce Inc Plaintiff An Idaho Corporation |
Timothy Jay Robinson Katy Lynne Koestner |
| Maine Farmers Exchange Intervenor Plaintiff |
Hartley B Martyn Mark Anthony Amendola Steven C Polly |
| Double Diamond Potatoes LLC Intervenor Plaintiff |
Joseph Christopher Gruber Mary Gardner Michael J Keaton |
| Ellsworth Produce Intervenor Plaintiff |
Joseph Christopher Gruber Mary Gardner Michael J Keaton |
| Wada Farms Marketing Group LLC Intervenor Plaintiff |
Joseph Christopher Gruber Mary Gardner Michael J Keaton |
| Sharyland, L.P., d/b/a Plantation Produce Co. Intervenor Plaintiff |
Timothy Jay Robinson Katy Lynne Koestner |
| Queen City Marketing Services Inc Defendant An Ohio Corporation TERMINATED: 06/25/2003 |
|
| William D Castellini Defendant An Individual also known asBilly Bastellini |
Jennifer Paschen Bergeron Phillip Jude Smith |
| Stacey Gail Castellini Defendant An Individual |
Jennifer Paschen Bergeron Phillip Jude Smith |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2003-04-18 | 1 | 0 | COMPLAINT ; No jury demand ( no. pgs: 10) (tt) (Entered: 04/18/2003) | |||
| 2003-04-18 | 2 | 0 | EX PARTE MOTION by plaintiff for temporary restraining order ( no pgs: 14+) (tt) (Entered: 04/18/2003) | |||
| 2003-04-18 | 3 | 0 | MOTION by plaintiff for preliminary injunction and to consolidate the trial on the merits with hearing on preliminary injunction ( no pgs: 2) (tt) (Entered: 04/18/2003) | |||
| 2003-04-18 | 4 | 0 | CERTIFICATION by counsel for plaintiff as to why notice is not required pursuant to Rule 65(b) ( no pgs: 4) (tt) (Entered: 04/18/2003) | |||
| 2003-04-18 | 5 | 0 | ORDER by Judge Sandra S. Beckwith Case referred to Mag. Judge Jack Sherman (cc: all counsel) ( no pgs: 2) (tt) (Entered: 04/18/2003) | |||
| 2003-04-21 | 6 | 0 | TEMPORARY RESTRAINING ORDER by Judge Sandra S. Beckwith entered this date ; Hearing on plaintiffs motion for preliminary injunction set for 5/1/03 at 4:30 ; Plaintiff to serve defendants with a copy of this Order (cc: all counsel) ( no pgs: 4) (tt) (Entered: 04/21/2003) | |||
| 2003-04-23 | 7 | 0 | RETURN OF SERVICE executed upon defendants Stacey Gail Castellini and William D Castellini on 4/22/03 ( no pgs: 6) (tt) (Entered: 04/24/2003) | |||
| 2003-04-24 | 8 | 0 | MOTION by movant ME Farmers Exchange for leave to intervene as a party plaintiff ; Counsel for plaintiff does not oppose motion ; Defendants do not yet have counsel (no pgs: 14) (tt) (Entered: 04/25/2003) | |||
| 2003-04-28 | 9 | 0 | MOTION by plaintiff for admission of attorney Katy L Koestner pro hac vice ; Certificate Of Good Standing and Receipt #418686 in the amount of $50.00 for payment of application fee attached ( no pgs: 3+) (tt) (Entered: 04/29/2003) | |||
| 2003-05-01 | 10 | 0 | STIPULATION For Permanent Injunction Order by the parties (no pgs: 4) (tt) (Entered: 05/01/2003) | |||
| 2003-05-02 | 11 | 0 | Stipulated Permanent Injunction Order by Judge Sandra S. Beckwith and the parties ; Defendants to assign the proceeds of all of Queen City Marketing Services Inc's accounts receivable to plaintiff to the extent of $96,571.10 ; This Court retains jurisdiction of this action to ensure complete compliance with the terms of this Order terminating case (cc: all counsel) ( no pgs: 4) (tt) (Entered: 05/02/2003) | |||
| 2003-05-05 | 12 | 0 | CERTIFICATE Of Service by plaintiff ( no pgs: 4) (tt) (Entered: 05/05/2003) | |||
| 2003-05-14 | 13 | 0 | MOTION by movants for leave to intervene as plaintiffs pursuant to Rule 24 ( no pgs: 12) (tt) (Entered: 05/16/2003) | |||
| 2003-05-15 | 14 | 0 | APPLICATION by Stipulation plaintiff and movants to intervene as plaintiffs ( no pgs: 4+) (tt) (Entered: 05/16/2003) | |||
| 2003-05-21 | 15 | 0 | MOTION by plaintiff to reopen the case, for Order To Show Cause, and for status conference ( no pgs: 4+) (tt) Modified on 05/21/2003 (Entered: 05/21/2003) | |||
| 2003-06-18 | 16 | 0 | NOTICE by Clerk ; Status conference via telephone scheduled for 2:00 on 7/2/03 before Judge Beckwith ; Court to initiate call (cc: all counsel) (tt) (Entered: 06/18/2003) | |||
| 2003-06-18 | 17 | 0 | ORDER by Judge Sandra S. Beckwith granting application by Double Diamond Potatoes LLC, Ellsworth Produce Inc and Wada Farms Marketing Group LLC to intervene as plaintiffs [14-1] ; Complaint in intervention due within two weeks of the date this Order is entered (cc: all counsel) ( no pgs: 1) (tt) (Entered: 06/18/2003) | |||
| 2003-06-18 | 18 | 0 | NOTICE Of Filing Involuntary Chapter 7 Petition in Bankruptcy by movants Double Diamond LLC, Ellsworth Produce, and Wada Farms Group LLC against defendant Queen City Marketing Services ; Number 03-14638 ( no pgs: 3) (tt) (Entered: 06/19/2003) | |||
| 2003-06-25 | 19 | 0 | ORDER by Judge Sandra S. Beckwith Pursuant to Suggestion of Bankruptcy filed by intervenors Double Diamond Potatoes LLC, Ellisworth Produce Inc., and Wada Farms Marketing Group LLC, this case is administratively closed as to defendant Queen City Marketing Services Inc. only ; terminating defendant Queen City Marketing (cc: all counsel) ( no pgs: 1) (tt) (Entered: 06/25/2003) | |||
| 2003-06-30 | 20 | 0 | MOTION by movant Double Diamond LLC, movant Ellsworth Produce, movant Wada Farms Group LLC for admission of attorney Mary E. Gardner pro hac vice ( no pgs: 7) (mb) (Entered: 07/01/2003) | |||
| 2003-07-01 | 21 | 0 | ORDER by Judge Sandra S. Beckwith granting motion for admission of attorney Mary E. Gardner pro hac vice [20-1] (cc: all counsel) ( no pgs: 1) (tt) (Entered: 07/02/2003) | |||
| 2003-07-08 | 22 | 0 | ORDER by Judge Sandra S. Beckwith ; Status conference was held 2:00 pm on 7/2/03 ; granting motion by plaintiff to reopen the case [15-1]; Court Orders defts William D Castellini and Stacey Gail Castellini to appear and show cause why they should not be held in contempt and sanctioned for failure to comply with permanent injunction orders (docs. 10 & 11) ; In-court show cause hearing set for 1:00 7/18/03 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 07/08/2003) | |||
| 2003-07-17 | 23 | 0 | AFFIDAVIT of Katy L Koestner in support of motion for Order To Show Cause ( no pgs: 5) (tt) (Entered: 07/18/2003) | |||
| 2003-07-18 | 24 | 0 | CIVIL MINUTES: ; Show Cause Hearing held on 7/18/03 before Judge Beckwith ; Counsel present ; Arguments presented ; Stipulated facts read by counsel for defts ; Pltf to dismiss motion for contempt with respect to deft Stacy Castellini only ; Counsel to request additional hearing if necessary and no earlier than 9/19/03 ( no pgs: 1) (tt) (Entered: 07/18/2003) | |||
| 2003-07-18 | 25 | 0 | INTERVENOR'S COMPLAINT by movant ME Farmers Exchange ; No jury demand ( no pgs: 11+) (tt) (Entered: 07/20/2003) | |||
| 2003-07-22 | 26 | 0 | ORDER by Judge Sandra S. Beckwith ; By agreement of the parties plaintiffs motion for order to show cause [Doc 15] is continued in progress ; Parties may request a supplemental hearing on this motion on or after 9/19/03 (cc: all counsel) ( no pgs: 1) (tt) (Entered: 07/22/2003) | |||
| 2003-09-17 | 27 | 0 | NOTICE of Change of Address by Timothy Jay Robinson (tt, ) (Entered: 09/19/2003) | |||
| 2003-10-09 | 28 | 0 | SUMMONS Returned Executed by Maine Farmers Exchange ; Defendant Stacey Gail Castellini served on 9/18/2003 ; Answer due 10/8/2003. (tt, ) (Entered: 10/10/2003) | |||
| 2003-10-09 | 29 | 0 | SUMMONS Returned Executed by Maine Farmers Exchange ; Defendant William D Castellini served on 9/18/2003 ; Answer due 10/8/2003. (tt, ) (Entered: 10/10/2003) | |||
| 2003-10-15 | 30 | 0 | MOTION for Extension of Time to File Answer re 1 Complaint, 25 Intervenor Complaint Out of Time by Defendants Stacey Gail Castellini, William D Castellini. (Smith, Phillip) (Entered: 10/15/2003) | |||
| 2003-10-23 | 31 | 0 | Intervenor COMPLAINT, filed by Movants Double Diamond Potatoes LLC, Ellsworth Produce, Wada Farms Marketing Group LLC, against Defendants Stacey Gail Castellini, William D Castellini, and Queen City Marketing Services Inc. (Attachments: # 1 Exhibit # 2 Exhibit)(Gruber, Joseph) Additional attachment # 3 Signature Page and Certificate Of Service added on 10/27/2003 (tt, ). Modified on 10/27/2003 to attach signature page and certificate of service (tt, ) (Entered: 10/23/2003) | |||
| 2003-10-27 | 32 | 0 | ORDER granting 30 Motion for Extension of Time to Answer. Signed by Judge Novotny on 10/27/03. (Lahley, Jan) (Entered: 10/27/2003) | |||
| 2003-11-04 | 33 | 0 | ANSWER to Complaint by Defendants Stacey Gail Castellini, William D Castellini.(Bergeron, Jennifer) Modified on 11/6/2003 to reflect no jury demand (tt, ). Additional attachment # 1 Signature Page added on 11/13/2003 (tt, ) (Entered: 11/04/2003) | |||
| 2003-11-04 | 34 | 0 | ANSWER to Intervenor Complaint of Maine Farmers Exchange [Doc 25] by Defendants Stacey Gail Castellini, William D Castellini ; No jury demand (Bergeron, Jennifer) Modified on 11/13/2003 to reflect name of party filing intervenor complaint (tt, ). Additional attachment #(1) Signature Page added on 11/13/2003 (tt, ) (Entered: 11/04/2003) | |||
| 2003-11-11 | 35 | 0 | ANSWER to Intervenor Complaint of Double Diamond Potatoes LLC, Ellsworth Produce, and Wade Farms Marketing Group LLC 31 by Defendants Stacey Gail Castellini, William D Castellini ; No jury demand (Bergeron, Jennifer) Modified on 11/13/2003 to reflect name of parties filing intervenor complaint (tt, ). (Entered: 11/11/2003) | |||
| 2003-11-12 | 36 | 0 | NOTICE to the parties that Rule 26(f) Report due 12/30/03. (Lahley, Jan) (Entered: 11/12/2003) | |||
| 2003-12-30 | 37 | 0 | REPORT of Rule 26(f) Planning Meeting filed jointly. (Smith, Phillip) (Entered: 12/30/2003) | |||
| 2004-02-04 | 38 | 0 | REPORT of Rule 26(f) Planning Meeting (Revised). (Smith, Phillip) (Entered: 02/04/2004) | |||
| 2004-02-09 | 39 | 0 | SCHEDULING ORDER:Amended Pleadings due by 2/16/2004. Discovery due by 10/15/2004; ID plaintiff experts: 3/1/04; plaintiff expert reports: 4/1/04; ID defendant experts: 5/17/04; defendant expert reports: 6/17/04; parties to exchange witness lists: 9/15/04. Dispositive Motions due by 11/15/2004. Final pretrial before Judge Beckwith 3/05 and trial 4/05. (jl, ) (Entered: 02/09/2004) | |||
| 2004-04-12 | 40 | 0 | NOTICE OF COMPLIANCE by Plaintiff Lynn Josephson Produce Inc re 39 Scheduling Order, (ph, ) (Entered: 04/13/2004) | |||
| 2004-06-25 | 41 | 0 | NOTICE Of Rule 26 Compliance by Defendants Stacey Gail Castellini and William D Castellini (Smith, Phillip) (Entered: 06/25/2004) | |||
| 2004-07-14 | 42 | 0 | SCHEDULING NOTICE: Discovery deadline: 10/15/04; Motions deadline: 11/15/04; Final Pretrial/Settlement Conference set for 4/1/2005 at 01:30 PM; Jury Trial set for 4/25/2005 at 01:00 PM.(mb) (Entered: 07/14/2004) | |||
| 2004-07-26 | 43 | 0 | ORDER for telephone conference 7/30/04, 9:45 am (Cincinnati time) re settlement status. Parties to call in to 513-564-7640. Signed by Judge Timothy S. Black on 7/26/04. (jl, ) (Entered: 07/26/2004) | |||
| 2004-08-03 | 44 | 0 | ORDER that as a result of informal status conference, the parties shall file pleadings relating to pending issues by 8/31/04.. Signed by Judge Timothy S. Black on 8/3/04. (jl, ) Modified on 8/4/2004 (tt, ). (Entered: 08/03/2004) | |||
| 2004-08-30 | 45 | 0 | MOTION for Settlement & Memorandum in Support of Motion For Pro Rata Share of Settlement Based upon its Reparations Award by Intervenor Plaintiff Wada Farms Marketing Group LLC. (Attachments: # 1)(Gruber, Joseph) (Entered: 08/30/2004) | |||
| 2004-08-30 | 46 | 0 | BRIEF In Support of Entitlement to Attorneys' Fees filed pursuant to (44) Order of the Court by Intervenor Plaintiff Maine Farmers Exchange. (Attachments: # 1 Exhibit A # 2 Exhibits B - D)(tt, ) Modified on 8/31/2004 (tt, ). (Entered: 08/31/2004) | |||
| 2004-08-31 | 47 | 0 | BRIEF filed pursuant to 44 Order of the Court by Defendants Stacey Gail Castellini and William D Castellini. (Smith, Phillip) Modified on 9/1/2004 (tt, ). (Entered: 08/31/2004) | |||
| 2004-08-31 | 48 | 0 | MOTION/COMMON FUND ATTORNEYS FEE APPLICATION AND MOTION FOR COURT TO DETERMINE PRO RATA SHARE OF SETTLEMENT PROCEEDS by Plaintiff (Koestner, Katy) Modified on 9/1/2004 (tt, ). (Entered: 08/31/2004) | |||
| 2004-08-31 | 49 | 0 | AFFIDAVIT of Katy L Koestner in support of 48 MOTION for COMMON FUND ATTORNEYS FEE AND MOTION FOR COURT TO DETERMINE PRO RATA SHARE OF SETTLEMENT PROCEEDS by Plaintiff (Attachments: # 1 Exhibit Meuers Law Firm bills (common fund)# 2 Exhibit T. Robinson's bills (common fund)# 3 Exhibit Meuers Law Firm Costs (common fund)# 4 Exhibit T. Robinson costs (common fund)# 5 Exhibit email and correspondence# 6 Exhibit Plantation Produce invoices# 7 Exhibit Plantation Produce interest calculations# 8 Exhibit Meuers Law Firm Fees# 9 Exhibit T. Robinson Fees)(Koestner, Katy) Modified on 9/1/2004 (tt, ). (Entered: 08/31/2004) | |||
| 2004-09-08 | 50 | 0 | MOTION for Approval of Claims by Intervenor Plaintiffs Double Diamond Potatoes LLC and Ellsworth Produce. (Gruber, Joseph) Modified on 9/9/2004 (tt, ). (Entered: 09/08/2004) | |||
| 2004-09-13 | 51 | 0 | UNOPPOSED MOTION for Extension of Time New date requested 9/24/2004. by Plaintiff (Koestner, Katy) Modified on 9/15/2004 (tt, ). (Entered: 09/13/2004) | |||
| 2004-09-20 | 52 | 0 | Objection to Fees Claimed by Maine Farmers Exchange as Part of Its Claim by Intervenor Plaintiffs Double Diamond Potatoes LLC, Ellsworth Produce, Wada Farms Marketing Group LLC. (Attachments: # 1 Exhibit A)(Gruber, Joseph) Modified on 9/21/2004 (tt, ). (Entered: 09/20/2004) | |||
| 2004-09-20 | 53 | 0 | Objection re 48 MOTION for Attorney Fees COMMON FUND ATTORNEYS FEE APPLICATION Of Lynn Josephson Produce Inc and Sharyland LP d/b/a Plantation Produce Co. AND MOTION FOR COURT TO DETERMINE PRO RATA SHARE OF SETTLEMENT PROCEEDS by Intervenor Plaintiffs Double Diamond Potatoes LLC, Ellsworth Produce, Wada Farms Marketing Group LLC. (Gruber, Joseph) Modified on 9/21/2004 (tt, ) (Entered: 09/20/2004) | |||
| 2004-09-24 | 54 | 0 | Objections with respect to attorney fees re 50 MOTION for Order to Approve Claims and 45 MOTION for Settlement filed by Plaintiff Lynn Josephson Produce Inc, and Claimant Sharyland, L.P., d/b/a Plantation Produce Co. (Koestner, Katy) Modified on 9/30/2004 (tt, ) (Entered: 09/24/2004) | |||
| 2004-10-01 | 55 | 0 | REPLY to Response to 48 MOTION for Attorney Fees COMMON FUND ATTORNEYS FEE APPLICATION AND MOTION FOR COURT TO DETERMINE PRO RATA SHARE OF SETTLEMENT PROCEEDS filed by Plaintiff Lynn Josephson Produce Inc, and Claimant Sharyland, L.P., d/b/a Plantation Produce Co.. (Koestner, Katy) Modified on 10/7/2004 (tt, ). (Entered: 10/01/2004) | |||
| 2004-10-04 | 56 | 0 | ORDER, by agreement of the partes and for purposes of settlement fo this case, Shadyland L.P., dba Plantation Produce Co. is hereby GRANTED leave to be and hereinafter is deemed an Intervening Plaintiff.. Signed by Judge Timothy S. Black on 10/4/04. (jl, ) (Entered: 10/04/2004) | |||
| 2004-10-06 | 57 | 0 | NOTICE OF WITHDRAWL OF its claim for interest and attys' fees as part of its claim and requests a determination on share pro rata in the settlement funds by Intervenor Plaintiff Wada Farms Marketing Group LLC re 53 Objection (non motion) (Gruber, Joseph) Modified on 10/7/2004 (mb) (Entered: 10/06/2004) | |||
| 2004-10-08 | 58 | 0 | Reply in support of 46 Brief/Application for interest and attorneys fees by Intervenor Plaintiff Maine Farmers Exchange (tt, ) (Entered: 10/14/2004) | |||
| 2004-10-18 | 59 | 0 | ORDER re settlement distribution.As no further issues remain for resolution, parties directed to distribute the settlement fund and present a fully executed entry of dismissal within 14 days. . Signed by Judge Timothy S. Black on 10/18/04. (jl, ) (Entered: 10/18/2004) | |||
| 2004-11-01 | 60 | 0 | STIPULATION of Dismissal with Prejudice by Defendants, Intervenor Plaintiffs and Plaintiff (Smith, Phillip) Modified on 11/2/2004 (tt, ). (Entered: 11/01/2004) | |||
| 2004-11-03 | 61 | 0 | Mail Returned as Undeliverable (Doc No 59) ; Mail sent to Steven C Polly ; Marked Attempted Not Known (tt, ) (Entered: 11/03/2004) |