Rodgers v. APEX Roofing, LLC et al
| Ohio Southern District Court | |
| Judge: | Michael R Barrett |
| Case #: | 1:21-cv-00064 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Jan 28, 2021 |
| Terminated: | Jun 23, 2022 |
| Last checked: Tuesday Jul 27, 2021 4:35 AM EDT |
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Defendant
APEX Roofing, LLC
20 Marquette Dr.
Fort Mitchell, KY 41017 |
Represented By
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Defendant
Landon Barnard
306 Florence Circle
Southgate, KY 41071 |
Represented By
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Defendant
FC Roofing, LLC
5722 Brandtmanor Drive
Cincinnati, OH 45248 |
Represented By
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Defendant
Hugo Figueroa
5722 Brandtmanor Drive
Cincinnati, OH 45248 |
Represented By
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Defendant
Diane Gabbard
20 Marquette Dr.
Fort Mitchell, KY 41017 |
Represented By
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Defendant
Sharp Paintworx, Inc.
306 Florence Circle
Southgate, KY 41071 |
Represented By
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Plaintiff
Jeffrey Rodgers
6403 Ironwood Dr.
LOVELAND, OH 45140 |
Represented By
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ThirdParty Defendant
Gervacio Remodelation LLC
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ThirdParty Defendant
Felix Gervacio
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ThirdParty Defendant
Hugo Figueroa
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Represented By
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ThirdParty Defendant
FC Roofing, LLC
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Represented By
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ThirdParty Plaintiff
Diane Gabbard
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Represented By
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ThirdParty Plaintiff
Sharp Paintworx, Inc.
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Represented By
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ThirdParty Plaintiff
FC Roofing, LLC
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Represented By
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ThirdParty Plaintiff
Hugo Figueroa
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Represented By
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ThirdParty Plaintiff
Landon Barnard
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Represented By
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ThirdParty Plaintiff
APEX Roofing, LLC
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Represented By
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GPO
Nov 15 2021
ORDER granting in part and denying in part 36 Motion to Compel; granting 36 Motion to Continue; denying 36 Motion for Sanctions; granting 37 Motion to Quash. Final Pretrial Conference and Bench Trial dates are vacated. Signed by Judge Michael R. Barrett on 11/15/2021. (kkz) |
| Docket last updated: 1 hours ago |
| Thursday, June 23, 2022 | ||
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utility
Terminate Civil Case
Thu 06/23 9:00 AM
***Civil Case Terminated re doc46 . (kh) |
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| Wednesday, June 22, 2022 | ||
| 46 | 46
misc
Stipulation of Dismissal
Wed 06/22 3:06 PM
STIPULATION of Dismissal by Plaintiff Jeffrey Rodgers. (Maher, Kristine) |
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| Tuesday, February 08, 2022 | ||
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notice
Notice of Hearing
Tue 02/08 10:32 AM
NOTICE of Hearing: Please be aware that the Status Conference set for 2/9/2022 has been RESET to 2/14/2022 at 3:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Wednesday, February 02, 2022 | ||
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notice
Notice of Hearing
Wed 02/02 10:24 AM
NOTICE of Hearing: Please be aware that the Status Conference set for 2/9/2022 at 4:30 has been RESET IN TIME ONLY to 2:30 PM and remains set by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Tuesday, January 25, 2022 | ||
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notice
Notice of Hearing
Tue 01/25 2:50 PM
NOTICE of Hearing: Please be aware that the Status Conference set for 1/25/2022 has been RESET to 2/9/2022 at 4:30 PM and remains set by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Tuesday, January 04, 2022 | ||
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notice
Notice of Hearing
Tue 01/04 4:51 PM
NOTICE of Hearing: Please be aware that a Status Conference is set for 1/25/2022 at 4:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Monday, November 15, 2021 | ||
| 45 | 45
3
pgs
order
Order on Motion to Compel Order on Motion to Continue Order on Motion for Sanctions Order on Motion to Quash
Mon 11/15 4:48 PM
ORDER granting in part and denying in part36 Motion to Compel; granting36 Motion to Continue; denying36 Motion for Sanctions; granting37 Motion to Quash. Final Pretrial Conference and Bench Trial dates are vacated. Signed by Judge Michael R. Barrett on 11/15/2021. (kkz) |
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| Friday, November 12, 2021 | ||
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minutes
Status Conference
Fri 11/12 11:52 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/12/2021; Kristine Maher and Gus Flottman appeared for plaintiff; Julie Gugino and Christopher Finney appeared for defendant; Alex Durst appeared for third-party defendant; matters discussed; plaintiff to provide copy of Rodgers deposition to Court by end of day 11/12/21; defendant to provide copies of Gabbard and Barnard depositions to Court by end of day 11/12/21; Order to follow. (kkz) |
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| Wednesday, November 10, 2021 | ||
| 44 | 44
respm
Reply to Response to Motion
Wed 11/10 11:54 AM
REPLY to Response to Motion re36 MOTION to Compel , for Continuance and for Sanctions MOTION to Continue MOTION for Sanctions filed by Plaintiff Jeffrey Rodgers. (Maher, Kristine) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Tuesday, November 09, 2021 | ||
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notice
Notice of Hearing
Tue 11/09 12:58 PM
NOTICE of Hearing: Please be aware that a Status Conference is set for 11/12/2021 at 11:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Friday, November 05, 2021 | ||
| 43 | 43
respm
Response in Opposition to Motion
Fri 11/05 2:16 PM
RESPONSE in Opposition re36 MOTION to Compel , for Continuance and for Sanctions MOTION to Continue MOTION for Sanctions filed by Defendants APEX Roofing, LLC, Landon Barnard, FC Roofing, LLC, Hugo Figueroa, Diane Gabbard, Sharp Paintworx, Inc., Third Party Defendants FC Roofing, LLC, Hugo Figueroa, Felix Gervacio, Gervacio Remodelation LLC. (Gugino, Julie) |
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| Thursday, November 04, 2021 | ||
| 42 | 42
notice
Notice (Other)
Thu 11/04 1:17 PM
NOTICE by Plaintiff Jeffrey Rodgers re24 Notice (Other) Supplemental Expert Disclosure (Flottman, Augustus) |
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| Monday, November 01, 2021 | ||
| 41 | 41
trial
Witness List
Mon 11/01 8:56 PM
Witness List by Plaintiff Jeffrey Rodgers. (Maher, Kristine) |
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| 40 | 40
trial
Witness List
Mon 11/01 4:58 PM
Witness List by Defendants FC Roofing, LLC, Hugo Figueroa, Third Party Plaintiffs FC Roofing, LLC, Hugo Figueroa, ThirdParty Defendant FC Roofing, LLC. (Durst, Alexander) |
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| 39 | 39
trial
Witness List
Mon 11/01 4:34 PM
Witness List by Defendants APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., Third Party Plaintiffs APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Gugino, Julie) |
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| 38 | 38
trial
Witness List
Mon 11/01 4:32 PM
Witness List by Defendants APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., Third Party Plaintiffs APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Gugino, Julie) |
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| 37 | 37
motion
Quash (Motion to)
Mon 11/01 4:26 PM
MOTION to Quash SUBPOENAS ISSUED TO JEFFREY DRAPER, CPA, HUNTINGTON BANCSHARES INCORPORATED, JP MORGAN CHASE BANK, NA, PNC BANK, NATIONAL ASSOCIATION AND KEMBA CREDIT UNION by Defendants APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., Third Party Plaintiffs APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Gugino, Julie) |
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Att: 1
Exhibit Exhibit A
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| Friday, October 29, 2021 | ||
| 36 | 36
motion
Compel
Fri 10/29 5:46 PM
MOTION to Compel , for Continuance and for Sanctions by Plaintiff Jeffrey Rodgers. (Maher, Kristine) |
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Att: 1
Exhibit 1 - Apex Proof of Insurance,
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Att: 2
Exhibit 2 - Sharp Proof of Insurance,
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Att: 3
Exhibit 3 - Plaintiff's First Set of RFPDs,
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Att: 4
Exhibit 4 - Emails re Response Deadline,
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Att: 5
Exhibit 5 - Defendants' Responses to RFPDs,
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Att: 6
Exhibit 6 - Discovery Deficiency Letter,
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Att: 7
Exhibit 7 - Discovery Response Letter,
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Att: 8
Exhibit 8 - Barnard Depo Excerpts,
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Att: 9
Exhibit 9 - Gabbard Depo Excerpts,
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Att: 10
Exhibit 10 - Letters from Golden State,
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Att: 11
Exhibit 11 - Email from Golden State,
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Att: 12
Exhibit 12 - Letter re Discovery Issues,
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Att: 13
Text of Proposed Order
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| Friday, October 22, 2021 | ||
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minutes
Discovery Conference
Fri 10/22 3:05 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 10/22/2021; Kristine Maher and Gus Flottman appeared for Plaintiff; Alexander Durst appeared for Defendants FC Roofing, LLC and Hugo Figueroa; Christopher Finney and Julie Gugino appeared for the remaining Defendants; discovery issues discussed; Plaintiff to file Motion to Compel and Motion for Continuance by 10/29/2021; Defendant to file Motion for Protective Order and any Response to Plaintiff's motions by 11/8/2021; Order to follow. (kkz) |
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| Tuesday, October 19, 2021 | ||
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notice
Notice of Hearing
Tue 10/19 4:28 PM
NOTICE of Hearing: Discovery Dispute Conference set for 10/22/2021 at 02:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Wednesday, October 06, 2021 | ||
| 35 | 35
notice
Notice of Appearance
Wed 10/06 12:43 PM
NOTICE of Appearance by Alexander Jacob Durst for Defendants FC Roofing, LLC, Hugo Figueroa, Third Party Plaintiffs FC Roofing, LLC, Hugo Figueroa, Third Party Defendants FC Roofing, LLC, Hugo Figueroa (Durst, Alexander) |
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Att: 1
Notice Of Co-Counsel
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| Monday, September 27, 2021 | ||
| 34 | 34
order
Cincinnati Preliminary Pretrial Order
Mon 09/27 9:52 AM
AMENDED CALENDAR ORDER granting33 Motion for Calendar Order;Witness Disclosure due by 11/1/2021; Discovery due by 11/1/2021; Motions in Limine due 11/15/2021; Dispositive motions due by 11/10/2021; Joint Final Pretrial Order due 11/10/2021; Proposed Findings of Fact and Conclusions of Law due 11/15/2021; Deadline for Exchange of Trial Materials due 11/25/2021; Final Pretrial Conference set for 11/17/2021 04:00 PM in Teleconference before Judge Michael R. Barrett; Bench Trial set for 11/29/2021 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 09/27/2021. (kkz) |
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| Friday, September 24, 2021 | ||
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minutes
Status Conference
Fri 09/24 12:45 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/24/2021; Kristine Maher and Gus Flottman appeared for plaintiff; Christopher Finney and Julie Gugino appeared for APEX dfts; Alexander Durst appeared for FC Roofing dfts; amended calendar order to follow. (kkz) |
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| Wednesday, September 22, 2021 | ||
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notice
Notice of Hearing
Wed 09/22 3:15 PM
NOTICE of Hearing: A Status Conference is set for 9/24/2021 at 10:00 AM by teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (kkz) |
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| Monday, September 13, 2021 | ||
| 33 | 33
motion
Miscellaneous Relief
Mon 09/13 9:45 AM
MOTION Entry of a Calendar Order by Plaintiff Jeffrey Rodgers. (Flottman, Augustus) |
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Att: 1
Text of Proposed Order Proposed Calendar Order
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| Friday, July 30, 2021 | ||
| 32 | 32
trial
Witness List
Fri 07/30 11:43 AM
Witness List by Third Party Defendants Felix Gervacio, Gervacio Remodelation LLC. (Gugino, Julie) |
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| 31 | 31
trial
Witness List
Fri 07/30 11:42 AM
Witness List by Third Party Defendants Felix Gervacio, Gervacio Remodelation LLC. (Gugino, Julie) |
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| 30 | 30
answer
Answer to Third Party Complaint
Fri 07/30 11:39 AM
Third Party Defendants' Felix Gervacio and Gervacio Remodelation LLC's ANSWER to14 Third Party Complaint of FC Roofing LLC and Hugo Figueroa filed by Felix Gervacio, Gervacio Remodelation LLC. (Gugino, Julie) |
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order
Order on Motion for Leave to File
Fri 07/30 11:30 AM
Notation Order: This matter is before the Court on the28 Motion for Leave to File an Answer Out of Time filed by Third Party Defendants Felix Gervacio and Gervacio Remodelation LLC. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the28 Motion for Leave is GRANTED and the26 Answer is deemed timely. Signed by Judge Michael R. Barrett on 7/30/21. (ba) |
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| Thursday, July 29, 2021 | ||
| 29 | 29
trial
Witness List
Thu 07/29 1:18 PM
Witness List by Defendants APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., Third Party Plaintiffs APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Finney, Christopher) |
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| 28 | 28
motion
Leave to File Document
Thu 07/29 11:10 AM
MOTION for Leave to File AN ANSWER OUT OF TIME ON BEHALF OF THIRD-PARTY DEFENDANTS FELIX GERVACIO AND GERVACIO REMODELATION LLC by Third Party Defendants Felix Gervacio, Gervacio Remodelation LLC. (Finney, Christopher) |
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Att: 1
Supplement Entry Granting Leave to File
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order
Order
Thu 07/29 7:46 AM
Notation Order: This matter is before the Court on the26 Answer filed by Third Party Defendants Felix Gervacio and Gervacio Remodelation LLC. Defendants' Answer was due to the Court by June 3, 2021. Although Defendants Gervacio and Gervacio Remodelation purport to have now filed their Answer, they have failed to obtain leave of Court to file their pleading out of time. It is hereby ORDERED that Defendants Gervacio and Gervacio Remodelation shall file a motion for leave to file their pleading out of time and any such motion is due on or before 8/4/21. Signed by Judge Michael R. Barrett on 7/28/21. (ba) |
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| Wednesday, July 28, 2021 | ||
| 27 | 27
trial
Witness List
Wed 07/28 9:00 AM
Witness List by Third Party Defendants Felix Gervacio, Gervacio Remodelation LLC. (Finney, Christopher) |
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| 26 | 26
answer
Answer to Third Party Complaint
Wed 07/28 8:59 AM
Third Party Defendants' Felix Gervacio and Gervacio Remodelation LLC's ANSWER to14 Third Party Complaint of FC Roofing LLC and Hugo Figueroa filed by Felix Gervacio, Gervacio Remodelation LLC. (Finney, Christopher) |
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| 25 | 25
notice
Notice of Appearance
Wed 07/28 8:56 AM
NOTICE of Appearance by Christopher P Finney for Third Party Defendants Felix Gervacio, Gervacio Remodelation LLC (Finney, Christopher) |
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| Tuesday, July 27, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Tue 07/27 12:02 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/27/2021; Kristine Maher and Gus Flottman appeared for plaintiff; Julie Gugino appeared for APEX dfts; Alexander Durst appeared for FC Roofing dfts; this matter is scheduled for a Bench Trial set for 11/29/2021 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett and a follow up Status Conference set for 10/7/2021 at 01:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Friday, July 23, 2021 | ||
| 24 | 24
notice
Notice (Other)
Fri 07/23 10:11 AM
NOTICE by Plaintiff Jeffrey Rodgers of filing Expert Disclosure (Flottman, Augustus) |
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| Wednesday, July 21, 2021 | ||
| 23 | 23
notice
Notice (Other)
Wed 07/21 3:10 PM
NOTICE by Plaintiff Jeffrey Rodgers of Withdrawal of Co-Counsel (Maher, Kristine) |
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| 22 | 22
notice
Notice of Appearance
Wed 07/21 12:00 PM
NOTICE of Appearance by Augustus B. Flottman for Plaintiff Jeffrey Rodgers (Flottman, Augustus) |
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| Tuesday, July 20, 2021 | ||
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order
1 - Terminate Cincinnati Preliminary PTO Deadlines Set/Reset Deadlines
Tue 07/20 2:41 PM
Set/Reset Deadlines re 7/19/2021 Minute Entry: Discovery due 11/1/2021. (kl) |
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| Monday, July 19, 2021 | ||
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minutes
Settlement Conference ~Util - Set Hearings
Mon 07/19 4:56 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 7/19/2021; Kristine Maher and Alexandra Berry appeared on behalf of Plaintiff, along with Plaintiff Jeffrey Rodgers; Julie Gugino appeared on behalf of Defendants APEX Roofing, LLC, Sharp Paintworx, Inc., Diane Gabbard, and Landon Barnard along with Defendant Landon Barnard; the case did not settle; the12 Calendar Order in this matter is VACATED and the discovery cut off is now 11/1/21; a follow up Status Conference, to set a bench trial date, is set for 7/27/2021 by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Thursday, July 15, 2021 | ||
| 21 | 21
trial
Witness List
Thu 07/15 1:42 PM
Witness List by Defendants APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., Third Party Plaintiffs APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Finney, Christopher) |
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| Friday, July 02, 2021 | ||
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minutes
Status Conference
Fri 07/02 12:58 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/2/2021; Alexandra Berry and Kristine Maher appeared for plaintiff; Julie Gugino appeared for defendants APEX; Alexander Durst appeared for FC Roofing defendants; case to proceed with settlement conference 7/19/21 a 1:00 pm, exparte statements due from plaintiff and defendants APEX 5-7 days prior to 7/19/21. (ba) |
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| Thursday, July 01, 2021 | ||
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notice
Notice of Hearing
Thu 07/01 7:36 AM
NOTICE of Hearing: A Status Conference by teleconference is set for 7/2/21 at 11:00 AM before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (bjc) |
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| Monday, June 21, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 06/21 11:19 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/21/2021 with Law Clerk; Kristine Maher and Alexandra Berry appeared for plaintiff; Alex Durst appeared for FC dfts; Julie Gugino appeared for APEX dfts; this matter is set for a Settlement Conference 7/19/2021 at 01:00 PM in Chambers before Judge Michael R. Barrett; parties shall provide the Court with a limited 5-page exparte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 7/12/21. The Court will conduct exparte conferences prior to the scheduled settlement conference. Unless prior arrangements have been discussed with the Court, party representatives with complete settlement authority must be present throughout the conference. (ba) Modified on 6/21/2021 (ba) |
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| Thursday, June 17, 2021 | ||
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notice
Notice of Hearing
Thu 06/17 4:30 PM
NOTICE of Hearing: Please be aware that pursuant to the newly enacted Juneteenth National Independence Day the U.S. District Court will be closed on 6/18/21; therefore, the Status Conference set for 6/18/21 is RESET to 6/21/2021 at 11:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. ; please note that any party with a scheduling issue shall contact Chambers. (ba) |
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| Friday, June 11, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Fri 06/11 11:06 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/11/2021; Kristine Maher and Alexandra Berry appeared for plaintiff; Alexander Durst appeared for FC dfts; Julie Gugino appeared for Apex dfts; counsel for FC dfts is amenable to reaching out to 3rd Party Defendant for his status in the matter; a follow up Status Conference is set for 6/18/2021 at 11:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Friday, May 28, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Fri 05/28 12:40 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/28/2021; Kristine Maher and Alexandra Berry appeared for planitiff; Julie Gugino appeared for APEX dfts; Alexander Durst appeared for the FC Roofing dfts; the settlement conference set for 6/11/21 is converted to a Status Conference and will remain set for 6/11/2021 at 10:00 AM and will be conducted by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Monday, May 17, 2021 | ||
| 20 | 20
service
Summons Returned Executed
Mon 05/17 9:11 AM
SUMMONS Returned Executed as to ThirdParty Defendant Felix Gervacio. Felix Gervacio served on 5/13/2021, answer due 6/3/2021. (Durst, Alexander) |
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| 19 | 19
service
Summons Returned Executed
Mon 05/17 9:09 AM
SUMMONS Returned Executed as to ThirdParty Defendant Gervacio Remodelation LLC. Gervacio Remodelation LLC served on 5/13/2021, answer due 6/3/2021. (Durst, Alexander) |
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misc
Docket Annotation
Mon 05/17 9:10 AM
[FORMER DOC. 18- PLEASE DISREGARD. FILED IN ERROR.] Notice of Correction- Document filed using incorrect event. Attorney has refiled as Doc.19 . (kl) |
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| Tuesday, May 11, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Tue 05/11 1:43 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/11/2021; Alexandra Berry and Kristine Maher apperaed for plaintiff; Alexander Durst appeared for Dfts FC Roofing/Hugo; Julie Gugino appeared for APEX Dfts; a Settlement Conference is set for 6/11/2021 at 10:00 AM before Judge Michael R. Barrett; a follow up Status Conference is set for 5/28/2021 at 11:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Tuesday, May 04, 2021 | ||
| 17 | 17
service
Summons Issued
Tue 05/04 10:27 AM
Summons Issued as to Felix Gervacio, Gervacio Remodelation LLC. (bjc) |
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| Monday, May 03, 2021 | ||
| 16 | 16
service
Request for Issuance of Summons
Mon 05/03 9:50 AM
REQUEST for Issuance of Summons. (Durst, Alexander) |
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| 15 | 15
service
Request for Issuance of Summons
Mon 05/03 9:50 AM
REQUEST for Issuance of Summons. (Durst, Alexander) |
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| Monday, April 19, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 04/19 2:09 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/19/2021; Alexandra Berry and Kristine Maher appeared for plaintiff; Alexander Durst and Julie Gugino appeared for defendants; case to proceed with third party complaint process; a follow up Status Conference is set for 5/11/2021 at 01:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/21 for conferencing instructions. (ba) |
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| Monday, April 05, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 04/05 10:50 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/5/2021; Alexandra Berry and Kristine Maher appeared for plaintiff; Julie Gugino and Alexander Durst appeared for defendants/3rd party plaintiff; 3rd party plaintiff requests the Court delay setting any mediation dates until the 3rd party complaint can be served and/or contact can be made with additional 3rd party defendants; a follow up Status Conference set for 4/19/2021 at 01:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/21 for conferencing instructions. (ba) |
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| Thursday, April 01, 2021 | ||
| 14 | 14
cmp
Third Party Complaint
Thu 04/01 3:43 PM
THIRD PARTY COMPLAINT against Felix Gervacio, Gervacio Remodelation LLC, filed by FC Roofing, LLC, Hugo Figueroa. (Durst, Alexander) |
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order
Order on Motion for Leave to File
Thu 04/01 9:37 AM
Notation Order: This matter is before the Court on the unopposed13 Motion of Third-Party Defendants FC Roofing, LLC and Hugo Figueroa for Leave to File a Third-Party Complaint Against Non-Parties Felix Gervacio and Gervacio Remodelation LLC against Felix Gervacio and Gervacio Remodelation LLC. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the unopposed13 Motion for Leave is GRANTED and FC Roofing, LLC and Hugo Figueroa shall file their third-party complaint within 10 days of this order. Signed by Judge Michael R. Barrett on 4/1/21. (ba) |
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| Wednesday, March 31, 2021 | ||
| 13 | 13
motion
Leave to File Document
Wed 03/31 12:00 PM
Unopposed MOTION for Leave to File Third-Party Complaint by Defendants FC Roofing, LLC, Hugo Figueroa, Third Party Defendants FC Roofing, LLC, Hugo Figueroa. (Durst, Alexander) |
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Att: 1
Exhibit A,
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Att: 2
Text of Proposed Order Granting Unopposed Motion
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| Monday, March 29, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 03/29 10:43 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/29/2021; Kristine Maher appeared for plaintiff; Julie Gugino appeared for defendants; Alexander Durst appeared for 3rd party defendants; the parties shall collaborate regarding logistics for an early intervention settlement conference as discussed and follow up with the Court for a Status Conference set for 4/5/2021 at 10:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/24/2021 for conferencing instructions. (ba) |
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| Wednesday, February 24, 2021 | ||
| 12 | 12
order
Cincinnati Preliminary Pretrial Order
Wed 02/24 2:52 PM
CALENDAR ORDER: Motions to Amend due by 3/31/2021. Motions directed to pleadings due by 5/30/2021. Status Conference set for 3/29/2021 at 10:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 6/15/2021. Defendant Primary Expert due by 7/15/2021. Disclosure of Non-Expert (Fact) Witness due by 7/30/2021. Rebuttal Expert due by 9/15/2021. Discovery due by 3/1/2022. Dispositive motions due by 5/1/2022. Settlement Responses due by 5/14/2021. Settlement Demand due by 4/30/2021. Final Pretrial Conference set for 10/28/2022 at 10:00 AM in Chambers before Judge Michael R. Barrett. Bench trial 12/2022. Signed by Judge Michael R. Barrett on 2/24/21. (ba) |
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| Monday, February 22, 2021 | ||
| 11 | 11
misc
Rule 26(f) Report
Mon 02/22 3:35 PM
RULE 26(f) REPORT by Plaintiff Jeffrey Rodgers. (Maher, Kristine) |
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| Thursday, February 18, 2021 | ||
| 10 | 10
answer
Answer to Third Party Complaint
Thu 02/18 12:01 PM
ANSWER to4 Answer to Complaint,, Third Party Complaint, filed by FC Roofing, LLC, Hugo Figueroa. (Durst, Alexander) |
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| Friday, February 05, 2021 | ||
| 9 | 9
notice
Notice of Appearance
Fri 02/05 2:12 PM
NOTICE of Appearance by Alexandra M. Berry for Plaintiff Jeffrey Rodgers (Berry, Alexandra) |
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| Thursday, February 04, 2021 | ||
| 8 | 8
answer
Answer to Amended Complaint
Thu 02/04 3:41 PM
Defendants ANSWER to5 Amended Complaint filed by APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc.. (Finney, Christopher) |
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| Monday, February 01, 2021 | ||
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notice
Notice of Deadline
Mon 02/01 7:59 AM
NOTICE of Deadline: Rule 26(f) Report due by 2/22/2021. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) |
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| Friday, January 29, 2021 | ||
| 7 | 7
notice
Notice of Appearance
Fri 01/29 11:13 AM
NOTICE of Appearance by Alexander Jacob Durst for Defendants FC Roofing, LLC, Hugo Figueroa, Third Party Defendants FC Roofing, LLC, Hugo Figueroa (Durst, Alexander) |
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| 6 | 6
motion
Extension of Time to File Answer
Fri 01/29 10:47 AM
MOTION for Extension of Time to File Answer re4 Answer to Complaint, Third Party Complaint, originally filed in Clermont County Common Pleas Court (Case No. 2020CVC00876) on 1/27/2021 by Third Party Defendants FC Roofing, LLC, Hugo Figueroa. (kh) |
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| 5 | 5
cmp
Amended Complaint
Fri 01/29 10:38 AM
AMENDED COMPLAINT against APEX Roofing, LLC, Landon Barnard, Diane Gabbard, Sharp Paintworx, Inc., originally filed in Clermont County Common Pleas Court (Case No. 2020CVC00876) on 1/14/2021 by Jeffrey Rodgers. (kh) |
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| 4 | 4
answer
Answer to Complaint Third Party Complaint
Fri 01/29 10:33 AM
ANSWER to3 Complaint, THIRD PARTY COMPLAINT against FC Roofing, LLC, Hugo Figueroa originally filed in Clermont County Common Pleas Court (Case No. 2020CVC00876) on 12/18/2020 by Diane Gabbard, Sharp Paintworx, Inc., APEX Roofing, LLC, Landon Barnard. (kh) |
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| 3 | 3
cmp
Complaint
Fri 01/29 10:22 AM
COMPLAINT against APEX Roofing, LLC, Landon Barnard, FC Roofing, LLC, Hugo Figueroa, Diane Gabbard, Sharp Paintworx, Inc., originally filed in Clermont County Common Pleas Court (Case No. 2020CVC00876) on 10/19/2020 by Jeffrey Rodgers. (kh) |
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misc
Docket Annotation
Fri 01/29 9:49 AM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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order
Order ~Util - Set Deadlines ~Util - Terminate Motions
Fri 01/29 2:33 PM
Notation Order: This matter is before the Court on Third-Party Defendants' unopposed6 Motion for Extension of Deadline to Move, Please or Otherwise Response to Defendants' Third Party Complaint. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Third-Party Defendants' unopposed6 Motion is GRANTED, and they have up to an including 2/18/21 to move, plead, or otherwise response to the Third Party Complaint. Signed by Judge Michael R. Barrett on 1/29/21. Signed by Judge Michael R. Barrett on 1/29/21. (ba) |
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| Thursday, January 28, 2021 | ||
| 2 | 2
notice
Notice of Appearance
Thu 01/28 4:12 PM
NOTICE of Appearance by Kristine Maher for Plaintiff Jeffrey Rodgers (Maher, Kristine) |
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| 1 | 1
notice
Notice of Removal
Thu 01/28 11:58 AM
NOTICE OF REMOVAL from Clermont County Court of Common Pleas, case number 2020CVC00876 ( Filing fee $ 402 paid - receipt number: BOHSDC-8054004), filed by Diane Gabbard, Sharp Paintworx, Inc., APEX Roofing, LLC, Landon Barnard. (Finney, Christopher) |
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