Whatmough v. Menard, Inc., et al.
| Ohio Northern District Court | |
| Judge: | Amanda M Knapp |
| Case #: | 5:22-cv-01185 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Jul 05, 2022 |
| Terminated: | Nov 30, 2022 |
| Case in other court: | Summit County Common Pleas Court, CV-22-00006-1836 |
| Last checked: Sunday Jan 01, 2023 3:54 AM EST |
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Cross Defendant
Clopay Corporation
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Represented By
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Cross Defendant
McConnell Excavating, LTD.
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Represented By
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Cross-Claimant
Menard, Inc.
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Represented By
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Cross-Claimant
Menards
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Represented By
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Defendant
Menard, Inc.
4777 Menard Drive
Eau Claire, WI 54703 |
Represented By
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Defendant
John Doe Contractor
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Defendant
Menards
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Represented By
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Defendant
Clopay Corporation
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Represented By
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Defendant
McConnell Excavating, LTD.
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Represented By
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Plaintiff
John Whatmough
2331 E. Turkeyfoot Lake Road
Green, OH 44312 |
Represented By
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| TERMINATED PARTIES | |
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3rd Party Plaintiff
Menard, Inc.
Terminated: 09/23/2022
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Represented By
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3rd Party Plaintiff
Menards
Terminated: 09/23/2022
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Represented By
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3rd Pty Defendant
Clopay Corporation
Terminated: 09/23/2022
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Represented By
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3rd Pty Defendant
McConnell Excavating, LTD.
Terminated: 09/23/2022
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, December 19, 2022 | ||
| 39 | 39
oth_evt
Remark
Mon 12/19 10:32 AM
Acknowledgement of receipt of Order of Remand received from Summit County Court of Common Pleas Court on 12/5/2022. Related document(s)38 (B,DL) |
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| Wednesday, November 30, 2022 | ||
| 38 | 38
oth_evt
Remark
Wed 11/30 12:52 PM
Certified copy of order of remand and docket sheet mailed to Summit County Court of Common Pleas with acknowledgment of receipt enclosed. Related document(s)37 . (P,G) |
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| 37 | 37
2
pgs
order
Order of Remand
Wed 11/30 9:40 AM
Order of Remand to Summit County Court of Common Pleas. Signed by Magistrate Judge Amanda M. Knapp on 11/30/2022. (S,S) |
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| 36 | 36
1
pgs
order
Order
Wed 11/30 9:20 AM
Consent of the parties to this case being transferred to the docket of Magistrate Judge Amanda M. Knapp for further proceedings. Judge John R. Adams on 11/30/22. (K,C) |
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| Tuesday, November 29, 2022 | ||
| 35 | 35
order
Minute Order _ Status Conference
Tue 11/29 4:38 PM
Minute Order of Telephonic Status Conference held on 11/29/2022. New party defendants McConnell Excavating and Clopay Corporation indicated their consent to the jurisdiction of the Magistrate Judge. The parties were instructed to expeditiously complete and docket the Magistrate Consent Package, and have done so as of this filing. (ECF Doc.34 .) The parties also agreed that the District Court lacks subject-matter jurisdiction due to the addition of non-diverse party defendants, and that remand to state court is necessary. The Court informed the parties that the case would be remanded to state court once the consent of all new party defendants to the Magistrate Judge had been finalized. Signed by Magistrate Judge Amanda M. Knapp on 11/29/2022. (Time: 15 min.) (S,S) |
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| 34 | 34
oth_doc
Proposed Order
Tue 11/29 1:22 PM
Proposed Order Magistrate Consent by All Parties filed by John Whatmough. (Van Blargan, Christopher) |
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| 33 | 33
service
Waiver of Service Executed
Tue 11/29 8:24 AM
Waiver of Service Returned Executed by CLOPAY CORPORATION. CLOPAY CORPORATION waiver sent on 11/11/2022, answer due 1/10/2023 filed on behalf of CLOPAY CORPORATION (Van Blargan, Christopher) |
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| Monday, November 28, 2022 | ||
| 32 | 32
notice
Notice of Service (atty event)
Mon 11/28 11:26 AM
Notice of Service of Initial Disclosures filed by MCCONNELL EXCAVATING, LTD.. (Chuparkoff, Stephen) |
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| Tuesday, November 22, 2022 | ||
| 31 | 31
notice
Status Report (atty event)
Tue 11/22 5:58 PM
Joint Status Report filed by CLOPAY CORPORATION, MCCONNELL EXCAVATING, LTD., Menard, Inc., Menards, John Whatmough. (Van Blargan, Christopher) |
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| Friday, November 11, 2022 | ||
| 30 | 30
notice
Corporate Disclosure Statement (atty event)
Fri 11/11 1:55 PM
Corporate Disclosure Statement identifying Corporate Parent Griffon Corporation for CLOPAY CORPORATION filed by CLOPAY CORPORATION. (Schumacher, Paul) |
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| 29 | 29
notice
Attorney Appearance (atty event)
Fri 11/11 1:51 PM
Attorney Appearance by Paul J. Schumacher, Jr filed by on behalf of CLOPAY CORPORATION. (Schumacher, Paul) |
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| Thursday, November 10, 2022 | ||
| 28 | 28
oth_doc
Proposed Order
Thu 11/10 3:46 PM
Proposed Order to File Second Amended Complaint filed by John Whatmough. Related document(s)27 . (Van Blargan, Christopher) |
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| Friday, November 04, 2022 | ||
| 27 | 27
motion
Leave
Fri 11/04 10:11 AM
Motion for leave to File Second Amended Complaint filed by Plaintiff John Whatmough.(Van Blargan, Christopher) |
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Att: 1
Complaint Plaintiffs Second Amended Complaint
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| Wednesday, November 02, 2022 | ||
| 26 | 26
notice
Notice of Service (atty event)
Wed 11/02 3:26 PM
Notice of Service of Plaintiff's Discovery Responses filed by John Whatmough. (Van Blargan, Christopher) |
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| 25 | 25
notice
Corporate Disclosure Statement (atty event)
Wed 11/02 10:48 AM
Corporate Disclosure Statement filed by MCCONNELL EXCAVATING, LTD.. (Chuparkoff, Stephen) |
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| 24 | 24
answer
Answer to Crossclaim
Wed 11/02 10:29 AM
Answer to20 Answer to Complaint, Crossclaim filed by MCCONNELL EXCAVATING, LTD.. (Chuparkoff, Stephen) |
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| 23 | 23
answer
Answer to Amended Complaint
Wed 11/02 10:28 AM
Answer to19 Amended complaint filed by MCCONNELL EXCAVATING, LTD.. (Chuparkoff, Stephen) |
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| 22 | 22
notice
Attorney Appearance (atty event)
Wed 11/02 10:26 AM
Attorney Appearance by Stephen J. Chuparkoff filed by on behalf of MCCONNELL EXCAVATING, LTD.. (Chuparkoff, Stephen) |
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| Monday, October 24, 2022 | ||
| 21 | 21
service
Return of Service Executed
Mon 10/24 12:40 PM
Return of Service by Email executed upon MCCONNELL EXCAVATING, LTD. on 10/24/2022, filed on behalf of John Whatmough (Van Blargan, Christopher) |
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| Friday, October 21, 2022 | ||
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answer
Answer to Complaint Crossclaim
Fri 10/21 4:47 PM
Answer to Complaint with Jury Demand Answer to Plaintiff's Amended Complaint , Crossclaim against CLOPAY CORPORATION, MCCONNELL EXCAVATING, LTD. filed by Menards, Menard, Inc.. (Guice, Gregory) |
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| Monday, October 10, 2022 | ||
| 19 | 19
cmp
Amended Complaint
Mon 10/10 1:57 PM
First Amended complaint against CLOPAY CORPORATION, John Doe Contractor, MCCONNELL EXCAVATING, LTD. and adding new party defendant(s) Clopay Corporation. Filed by John Whatmough. (Van Blargan, Christopher) |
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| Thursday, October 06, 2022 | ||
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order
Order on Motion to amend complaint Order on Motion for leave
Thu 10/06 9:09 AM
Order [non-document] granting Plaintiff's motion to amend complaint17 . Plaintiff shall file the First Amended Complaint as proposed in Doc 17-1 no later than 5:00 p.m. on October 11, 2022. Plaintiff shall perfect service in accordance with Federal Rules of Civil Procedure. Case management deadlines remain unchanged. Defendant has withdrawn its motion for leave to file a third-party complaint18 , which is moot. Magistrate Judge Amanda M. Knapp on 10/6/2022. (S,S) |
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| Thursday, September 29, 2022 | ||
| 18 | 18
motion
Leave
Thu 09/29 2:30 PM
Motion for leave to Assert Claims Against Clopay Corporation and McConnell Excavating, Ltd. filed by Menard, Inc., Menards. (Guice, Gregory) |
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| Friday, September 23, 2022 | ||
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order
Order
Fri 09/23 12:44 PM
Order [non-document]. Defendant's16 Third Party Complaint was filed without leave of court, and is accordingly stricken. Defendant may file a motion pursuant Fed. R. Civ. P. 14(a)(1) seeking leave of Court to file a Third Party Complaint within seven days, on or before September 30, 2022. Any such filing shall indicate whether the motion is opposed or unopposed. Magistrate Judge Amanda M. Knapp on 9/23/2022. (S,S) |
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| Monday, September 19, 2022 | ||
| 17 | 17
motion
Amend Complaint
Mon 09/19 7:34 PM
Motion to amend complaint filed by Plaintiff John Whatmough.(Van Blargan, Christopher) |
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Att: 1
Exhibit Proposed First Amended Complaint
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| 16 | 16
cmp
Third Party Complaint
Mon 09/19 4:02 PM
Third party complaint against CLOPAY CORPORATION, MCCONNELL EXCAVATING, LTD.. Filed by Menards, Menard, Inc.. (Guice, Gregory) |
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| Thursday, September 08, 2022 | ||
| 15 | 15
notice
Notice of Service (atty event)
Thu 09/08 4:03 PM
Notice of Service of Plaintiff's Initial Disclosures filed by John Whatmough. (Van Blargan, Christopher) |
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| Thursday, September 01, 2022 | ||
| 14 | 14
order
Protective Order
Thu 09/01 12:35 PM
Stipulated Protective Order . Signed by Magistrate Judge Amanda M. Knapp on 9/1/2022. (S,S) |
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| Wednesday, August 24, 2022 | ||
| 13 | 13
notice
Stipulation (atty event)
Wed 08/24 4:48 PM
Proposed Stipulation filed by Menard, Inc., Menards. (Guice, Gregory) |
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| Tuesday, August 23, 2022 | ||
| 12 | 12
order
Case Management Conference Plan/Order
Tue 08/23 1:16 PM
Case Management Conference Order. Case is assigned to the standard track. Deadline to file motion seeking to add parties or amend pleadings: September 19, 2022. Deadline to complete all non-expert discovery: January 15, 2023. Deadline for party with burden of proof on a claim or defense to disclose expert report(s): January 15, 2023. Deadline for parties without burden of proof on claim or defense to disclose rebuttal expert report(s): February 15, 2023. Deadline to complete expert discovery: March 15, 2023. Deadline for filing dispositive motions: April 15, 2023. Joint Status Report due on or before November 22, 2022. Telephonic status conference set for November 29, 2022 at 10:00 a.m. Counsel should carefully review the requirements of this Order to ensure compliance. Signed by Magistrate Judge Amanda M. Knapp on 8/23/2022. (S,S) |
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| 11 | 11
order
Minute Order _ Case Management Conference
Tue 08/23 12:55 PM
Minute Order of Case Management Conference held on 8/19/2022. The parties and the Court discussed the underlying facts of the case, the potential for alternative dispute resolution, and the parties proposed schedule, which the Court modified. The parties will file a Joint Status Report no later than 5:00 p.m. on November 22, 2022, as described in the separately filed CMC Plan Order. The Court will conduct a Telephonic Status Conference on November 29, 2022 at 10:00 a.m. Instructions for connecting to the conference will be emailed to counsel of record. Additional case management dates and deadlines were discussed with counsel and are set forth in a separately filed CMC Plan Order. Signed by Magistrate Judge Amanda M. Knapp on 8/23/2022. (Time: 33 min.) (S,S) |
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| Thursday, August 18, 2022 | ||
| 10 | 10
notice
Attorney Appearance (atty event)
Thu 08/18 9:58 AM
Attorney Appearance of Co-Counsel by Holly M. Wilson filed by on behalf of Menard, Inc.. (Wilson, Holly) |
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| Tuesday, August 16, 2022 | ||
| 9 | 9
notice
Notice (atty event)
Tue 08/16 5:18 PM
Initial Disclosures of Defendant filed by Menard, Inc., Menards. (Guice, Gregory) |
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| 8 | 8
notice
Report of Parties Planning Meeting (atty event)
Tue 08/16 4:48 PM
Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by Menard, Inc., Menards. (Guice, Gregory) |
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| Wednesday, August 03, 2022 | ||
| 7 | 7
notice
Stipulation (atty event)
Wed 08/03 2:55 PM
Proposed Stipulation Stipulation and Protective Order filed by Menard, Inc., Menards. (Guice, Gregory) |
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| Monday, July 18, 2022 | ||
| 6 | 6
order
Consent to Magistrate Judge
Mon 07/18 9:58 AM
Consent of the parties to this case being transferred to the docket of Magistrate Judge Amanda M. Knapp for further proceedings. Judge John R. Adams on 7/18/22. (K,C) |
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utility
Add and Terminate Judge
Mon 07/18 10:05 AM
Magistrate Judge Amanda M. Knapp assigned to case pursuant to consent. Judge John R. Adams terminated. Related document(s)6 . (M,TL) |
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Notice of Hearing or Conference
Mon 07/18 2:01 PM
IMPORTANT: Notice of Hearing [non-document]. Telephonic Case Management Conference rescheduled for 8/19/2022 at 10:00 a.m. before Magistrate Judge Amanda M. Knapp. Lead counsel is expected to attend. Parties and party representatives are welcome to attend, but their attendance is not required. Bridge line instructions for the telephonic CMC will be emailed to counsel of record. (S,S) |
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| Friday, July 15, 2022 | ||
| 5 | 5
notice
Notice (atty event)
Fri 07/15 9:20 AM
Proposed Consent to Magistrate filed by All Plaintiffs. (Van Blargan, Christopher) |
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| Thursday, July 14, 2022 | ||
| 4 | 4
order
Case Management Conference Scheduling Order
Thu 07/14 2:22 PM
Case Management Conference Scheduling Order with telephonic case management conference to be held on 8/8/2022 at 11:00 AM before Judge John R. Adams. Judge John R. Adams on 7/14/2022.(L,J) |
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Att: 1
Report of Parties' Planning Meeting,
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Att: 2
Local Rule 30.1,
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Att: 3
Magistrate Consent Form,
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Att: 4
Budget,
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Att: 5
ECF Policies and Procedures
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| Thursday, July 07, 2022 | ||
| 3 | 3
notice
Corporate Disclosure Statement (atty event)
Thu 07/07 4:49 PM
Corporate Disclosure Statement filed by Menard, Inc., Menards. (Guice, Gregory) |
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| Wednesday, July 06, 2022 | ||
| 2 | 2
oth_evt
Magistrate Consent Form Issued by Intake
Wed 07/06 8:15 AM
Magistrate Consent Form issued. (M,TL) |
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utility
Add and Terminate Judge
Wed 07/06 8:13 AM
Judge John R. Adams assigned to case (M,TL) |
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oth_evt
Random Assignment of Magistrate Judge
Wed 07/06 8:14 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (M,TL) |
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| Tuesday, July 05, 2022 | ||
| 1 | 1
3
pgs
cmp
Notice of Removal
Tue 07/05 5:06 PM
Notice of Removal from Summit County Common Pleas Court, case number CV-2022 06-1836 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11504205.. Filed by Menard, Inc. c/o Corporation Service Company, Menard, Inc., Menard, Inc. aka Menard, Inc., John Doe Contractor 1-10 c/o Corporation Service Company. (Guice, Gregory) |
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Att: 1
6 pgs
Exhibit "A" - Complaint,
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Att: 2
Exhibit "B" - Docket,
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Att: 3
Exhibit "C" - Answer,
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Att: 4
Civil Cover Sheet
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