Michigan Eastern District Court
Judge:Marianne O Battani
Referred: Mona K Majzoub
Case #: 2:14-cv-13317
Nature of Suit190 Contract - Other Contract
Cause28:1330 Breach of Contract
Case Filed:Aug 26, 2014
Terminated:Jan 03, 2017
Last checked: Friday May 08, 2015 12:17 PM EDT
Counter Claimant
Flexchem Corp
Represented By
Dodd B. Fisher
Dodd B. Fisher PLC
contact info
John F. Burke, III
Burkeslaw, LLC
contact info
Counter Claimant
Carl James Trunk
Represented By
Dodd B. Fisher
Dodd B. Fisher PLC
contact info
John F. Burke, III
Burkeslaw, LLC
contact info
Counter Defendant
Schutte MSA, LLC
Represented By
Diane Y. Bower
Marcoux, Allen,
contact info
Defendant
Flexchem Corp
Represented By
Dodd B. Fisher
Dodd B. Fisher PLC
contact info
John F. Burke, III
Burkeslaw, LLC
contact info
Defendant
Carl James Trunk
13899 Aquilla Road
Burton, OH 44021
Represented By
Dodd B. Fisher
Dodd B. Fisher PLC
contact info
John F. Burke, III
Burkeslaw, LLC
contact info
Plaintiff
Schutte MSA, LLC
4055 Morrilll Road
Jackson, MI 49201
Represented By
Diane Y. Bower
Marcoux, Allen,
contact info

GPO Mar 30 2016
ORDER granting in part and denying in part 22 Motion for Summary Judgment. Signed by District Judge Marianne O. Battani. (KDoa)

Docket last updated: 4 hours ago
Tuesday, January 03, 2017
34 34 order Dismissing Case Tue 01/03 12:18 PM
ORDER DISMISSING CASE Signed by District Judge Marianne O. Battani. (KDoa)
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Wednesday, October 05, 2016
33 33 misc Stipulation of Dismissal Wed 10/05 4:45 PM
STIPULATION of Dismissal Stipulation and Order of Dismissal by all parties by All Defendants (Burke, John)
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Thursday, August 04, 2016
32 32 misc Mail Returned Fri 08/05 12:30 PM
COPY of31 Notice mailed to Dodd B. Fisher and returned as undeliverable. (DPer)
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Tuesday, July 26, 2016
31 31 misc Notice of Email Delivery Failure Tue 07/26 9:48 AM
Notice of E-mail Delivery Failure as to attorney Dodd B. Fisher. Bounced NEF for30 Scheduling Order,. (SSch)
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Wednesday, June 08, 2016
30 30 order Scheduling Order Wed 06/08 1:39 PM
CIVIL TRIAL MANAGEMENT ORDER: Motions in Limine due 9/26/16; Final Pretrial Conference and Hearing on Motions in Limine set for 10/26/2016 03:30 PM before District Judge Marianne O. Battani ; Jury Trial set for 11/7/2016 09:00 AM before District Judge Marianne O. Battani Signed by District Judge Marianne O. Battani. Related [+] (KDoa)
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Thursday, May 12, 2016
minutes Status Conference Thu 05/12 4:56 PM
Minute Entry for proceedings before District Judge Marianne O. Battani: Status Conference held on 5/12/2016. Parties discussing settlement negotiations. Parties directed to contact the Court in two weeks with a status report. Trial date scheduled for November 7, 2016 at 9:00 a.m. (KDoa)
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Wednesday, March 30, 2016
29 29 notice Appear* Wed 03/30 3:21 PM
NOTICE TO APPEAR: Status Conference set for 5/12/2016 01:30 PM before District Judge Marianne O. Battani (KDoa)
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28 28 order Order on Motion for Summary Judgment Wed 03/30 3:17 PM
ORDER granting in part and denying in part22 Motion for Summary Judgment. Signed by District Judge Marianne O. Battani. (KDoa)
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Wednesday, August 26, 2015
27 27 respm Reply to Response to Motion Wed 08/26 2:29 PM
REPLY to Response re22 MOTION for Summary Judgment and to Dismiss Counter-Claim filed by All Plaintiffs. (Bower, Diane)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A - Complaint filed in Jackson County Circuit Court,
Att: 3 Exhibit B - Schutte Letter of Feb. 15, 2006,
Att: 4 Exhibit C- Affidavit of Jennifer Poppe,
Att: 5 Exhibit D - FlexChem Checking Account Statement,
Att: 6 Exhibit E - Excerpts from deposition of Carl James Trunk,
Att: 7 Exhibit F- Excerpts from deposition of Carl Martin Welcker
Friday, July 31, 2015
26 26 respm Response to Motion Fri 07/31 7:59 PM
RESPONSE to22 MOTION for Summary Judgment and to Dismiss Counter-Claim filed by All Defendants. (Burke, John)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit Affidavit of James Trunk,
Att: 3 Exhibit Excerpts of Deposition of James Trunk,
Att: 4 Exhibit Excerpts of Deposition of Carl Welcker
Thursday, July 30, 2015
25 25 respm Supplemental Brief Thu 07/30 7:44 AM
SUPPLEMENTAL BRIEF re24 MOTION for Extension of Time to File Response/Reply as to22 MOTION for Summary Judgment and to Dismiss Counter-Claim ,23 Notice of Hearing on Motion, filed by All Defendants. (Burke, John)
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order Text-Only Order Thu 07/30 2:34 PM
TEXT-ONLY ORDER GRANTING24 MOTION for Extension of Time to File Response/Reply as to22 MOTION for Summary Judgment and to Dismiss Counter-Claim ,23 Notice of Hearing on Motion, filed by Carl James Trunk, Flexchem Corp. RESPONSE DUE 7/31/15 Signed by District Judge Marianne O. Battani. (KDoa)
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Wednesday, July 29, 2015
24 24 motion Extension of Time to File Response/Reply Wed 07/29 10:02 PM
MOTION for Extension of Time to File Response/Reply as to22 MOTION for Summary Judgment and to Dismiss Counter-Claim ,23 Notice of Hearing on Motion, by All Defendants. (Burke, John)
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Thursday, June 18, 2015
23 23 notice Hearing on Motion* Thu 06/18 1:46 PM
NOTICE OF HEARING on22 MOTION for Summary Judgment and to Dismiss Counter-Claim . Response due by 7/29/2015 Reply due by 8/26/2015 Motion Hearing set for 9/23/2015 02:00 PM before District Judge Marianne O. Battani (CMot)
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Tuesday, June 16, 2015
22 22 motion Summary Judgment Tue 06/16 8:54 PM
MOTION for Summary Judgment and to Dismiss Counter-Claim by Schutte MSA, LLC. (Bower, Diane)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A - Affidavit of Judith K. Speed,
Att: 3 Exhibit B - Excerpts from Carl James Trunk's deposition,
Att: 4 Exhibit C - Excerpts from Judith K. Speed's deposition,
Att: 5 Exhibit D - Excerpts from Carl Martin Welcker's deposition
Wednesday, May 13, 2015
21 21 order Stipulation and Order ~Util - Set Scheduling Order Deadlines Wed 05/13 10:58 AM
STIPULATION AND ORDER EXTENDING DISCOVERY AND DATE FOR FILING OF DISPOSITIVE MOTIONS - ( Discovery due by 6/1/2015 , Dispositive Motion Cut-off set for 6/16/2015 ) Signed by District Judge Marianne O. Battani. (KDoa)
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Thursday, April 09, 2015
20 20 order Protective Order Thu 04/09 11:55 AM
STIPULATED PROTECTIVE ORDER Signed by District Judge Marianne O. Battani. (KDoa)
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Wednesday, April 01, 2015
19 19 trial Witness List Wed 04/01 4:52 PM
Defendant/Counter-Plaintiffs WITNESS LIST by Flexchem Corp, Carl James Trunk (Burke, John)
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Tuesday, March 31, 2015
18 18 trial Witness List Tue 03/31 5:39 PM
Plaintiff/Counter-Defendant's WITNESS LIST by Schutte MSA, LLC (Bower, Diane)
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Tuesday, January 20, 2015
17 17 answer Answer to Counterclaim Tue 01/20 9:30 PM
ANSWER to Counterclaim with Affirmative Defenses by Schutte MSA, LLC. (Bower, Diane)
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Wednesday, December 31, 2014
16 16 answer Answer to Complaint Civil Case - Counterclaim Wed 12/31 11:58 AM
ANSWER to Complaint with Affirmative Defenses of Carl James Trunk and FlexChem , COUNTERCLAIM of Defendant Carl James Trunk filed by All Defendants against Schutte MSA, LLC by All Defendants. (Burke, John)
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Thursday, December 18, 2014
15 15 order Order on Motion to Dismiss Thu 12/18 10:26 AM
ORDER DENYING DEFENDANTS MOTION5 TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER VENUE. Signed by District Judge Marianne O. Battani. (REFER TO IMAGE FOR SCHEDULING ORDER DATES) (KDoa)
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utility Set/Reset Scheduling Order Deadlines Thu 12/18 10:28 AM
Set/Reset Scheduling Order Deadlines: Witness List due 4/1/15; Discovery due by 4/30/2015 Dispositive Motion Cut-off set for 5/15/2015 (KDoa)
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Tuesday, December 16, 2014
minutes Motion Hearing Thu 12/18 12:06 AM
Minute Entry for proceedings before District Judge Marianne O. Battani: Motion Hearing held on 12/16/2014 re5 MOTION to Dismiss filed by Carl James Trunk, Flexchem Corp (Court Reporter ROBERT L. SMITH) (KDoa)
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Wednesday, December 10, 2014
14 14 respm Response to Motion Wed 12/10 1:33 PM
RESPONSE to5 MOTION to Dismiss Defendants' Reply Brief filed by Carl James Trunk. (Burke, John)
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Wednesday, November 26, 2014
13 13 respm Response to Motion Wed 11/26 1:37 PM
RESPONSE to5 MOTION to Dismiss or in the Alternative to Transfer Case filed by Schutte MSA, LLC. (Bower, Diane)
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Att: 1 Exhibit
Thursday, November 13, 2014
12 12 NOTICE OF HEARING on5 MOTION to Dismiss . Response due by 11/26/2014 Reply due by 12/10/2014 Motion Hearing set for 12/16/2014 03:00 PM before District Judge Marianne O. Battani (CMot)
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Monday, October 06, 2014
11 11 ORDER VACATING ORDER TO SHOW CAUSE6 Signed by District Judge Marianne O. Battani. (KDoa)
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Wednesday, October 01, 2014
10 10 SUPPLEMENTAL BRIEF re6 Order to Show Cause, filed by All Defendants. (Burke, John)
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Tuesday, September 30, 2014
9 9 STIPULATION re6 Order to Show Cause, by All Defendants (Burke, John)
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Friday, September 26, 2014
8 8 NOTICE of Appearance by John F. Burke, III on behalf of All Defendants. (Burke, John)
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7 7 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Bower, Diane)
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Friday, September 19, 2014
6 6 ORDER for Defendants Flexchem Corp, Carl James Trunk to Show Cause why case should not be dismissed for lack of subject matter jurisdiction. Show Cause Response due by 10/1/2014 Signed by District Judge Marianne O. Battani. (KDoa)
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Friday, September 12, 2014
5 5 MOTION to Dismiss by All Defendants. (Fisher, Dodd)
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Thursday, September 11, 2014
4 4 ORDER granting2 Motion for Extension of Time to Answer - Flexchem Corp answer due 9/12/2014; Carl James Trunk answer due 9/12/2014. Signed by District Judge Marianne O. Battani. (KDoa)
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Tuesday, September 09, 2014
3 3 MOTION Proposed Order granting motion for extension of time by All Defendants. (Fisher, Dodd)
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Friday, September 05, 2014
2 2 MOTION for Extension of Time to File Answer re1 Notice of Removal, by All Defendants. (Fisher, Dodd)
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Wednesday, August 27, 2014
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at[LINK:http://www.mied.uscourts.gov] (TMcg)
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Tuesday, August 26, 2014
1 1 NOTICE OF REMOVAL by All Defendants from Jackson County, case number P47476. Receipt No: 0645-4788904 - Fee: $ 400 [ Previously dismissed case: No] [ Possible companion case(s): None ] (Fisher, Dodd)
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