Benick v. Nanogate North America LLC
| Ohio Northern District Court | |
| Judge: | Pamela A Barker |
| Case #: | 1:22-cv-01479 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Aug 18, 2022 |
| Terminated: | Jun 27, 2023 |
| Case in other court: | Richland County Common Pleas Court, 2022 CV 0355 R |
| Last checked: Wednesday Feb 15, 2023 8:52 AM EST |
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Defendant
Nanogate North America, LLC
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Represented By
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Plaintiff
Brian Benick
936 Paxford Place
Mansfield, OH 44906 |
GPO
Jun 27 2023
Memorandum Opinion and Order: For the reasons stated in this Order, Defendant Nanogate North America, LLC's Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 and 41 is GRANTED IN PART and DENIED IN PART. Plaintiff's claims are dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(b). (Doc # 21.) Judge Pamela A. Barker on 6/27/2023.(P,K) |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Tuesday, June 27, 2023 | ||
| 23 | 23
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pgs
order
Order Dismissing Case
Tue 06/27 4:19 PM
Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously herewith, Plaintiff's claims are dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(b). Judge Pamela A. Barker on 6/27/2023. (P,K) |
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pgs
order
Order on Motion for sanctions
Tue 06/27 4:14 PM
Memorandum Opinion and Order: For the reasons stated in this Order, Defendant Nanogate North America, LLC's Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 and 41 is GRANTED IN PART and DENIED IN PART. Plaintiff's claims are dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(b). (Doc #21 .) Judge Pamela A. Barker on 6/27/2023.(P,K) |
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| Thursday, June 22, 2023 | ||
| 21 | 21
motion
Sanctions
Thu 06/22 4:53 PM
Second Motion for sanctions Pursuant to Rules 37 and 41(b) filed by Defendant Nanogate North America, LLC. Related document(s)19 ,20 .(Hernandez, Arturo) |
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Att: 1
Supplement Suggestions in Support
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| Friday, June 02, 2023 | ||
| 20 | 20
10
pgs
order
Order on Motion to compel discovery
Fri 06/02 10:29 AM
Order: For the reasons stated in this Order, Defendant Nanogate North America, LLC's Motion to Compel and for Sanctions Pursuant to Rules 37 and 41 against Plaintiff Brian Benick (Doc. No. 19) is GRANTED IN PART and DENIED IN PART. Judge Pamela A. Barker on 6/2/2023.(P,K) |
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oth_evt
Remark re Pro Se Service
Fri 06/02 10:30 AM
Copy of20 Order on Motion to compel discovery mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 6/2/2023. (P,K) |
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| Monday, May 08, 2023 | ||
| 19 | 19
motion
Compel Discovery
Mon 05/08 10:11 AM
Motion to compel discovery and for Sanctions filed by Defendant Nanogate North America, LLC.(Hernandez, Arturo) |
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Att: 1
Brief in Support Defendants Suggestions in Support of its Motion to Compel and for Sanctions,
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Att: 2
Exhibit Defendant Good Faith Letter 4-27-23
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| Thursday, April 06, 2023 | ||
| 18 | 18
notice
Notice (atty event)
Thu 04/06 5:16 PM
Notice of Compliance with Court Order filed by Nanogate North America, LLC. (Hernandez, Arturo) |
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| Wednesday, April 05, 2023 | ||
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minutes
Status Conference
Wed 04/05 3:48 PM
Minutes of proceedings [non-document] before Judge Pamela A. Barker. Telephone status conference held. Plaintiff Brian Benick participated, as did Attorneys Arturo A. Hernandez and Kimberly S. Basta on behalf of Defendant. The Court resolved the pending discovery disputes identified in Defendant's and Plaintiff's position papers . The Court resolved the disputes as follows. First, Plaintiff is required to submit his Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1)(A) to Defendant. Plaintiff must provide the information required in parts (i)-(iv) of the rule in writing to Defendant. Second, Plaintiff must respond to Defendant's Requests for Admission 21-27, as located on pages 7-9 of Defendant's Requests for Admission. Third, counsel for Defendant must supply Plaintiff with revised Requests for Production no later than close of business on 4/7/2023. As ordered by the Court, Defendant will limit the scope of Request for Production 15 as directed by the Court during the call. Defendant will also remove Requests for Production 16, 45 and 46. Defendant must also resend Plaintiff a copy of the certification page that Defendant initially attached to its interrogatories no later than close of business on 4/7/2023. Fourth, Plaintiff must respond to Defendant's revised Requests for Production. Plaintiff's Rule 26(a) initial disclosures, responses to Requests for Admission Numbers 21-27, responses to Defendant's revised Requests for Production, and certification page must be submitted to Defendant within 14 days, or by close of business on 4/19/2023. (Court Reporter: Lance A. Boardman.)Time: 67 minutes. (P,K) |
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oth_evt
Remark re Pro Se Service
Wed 04/05 3:50 PM
Copy of Status Conference minutes mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 4/5/2023. (P,K) |
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| Monday, March 27, 2023 | ||
| 17 | 17
notice
Notice (court event)
Mon 03/27 2:41 PM
Local Rule 37.1 Position Paper filed by Brian Benick.. (H,Ch) |
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Att: 1
3 14-2023 letter enclosing discovery responses
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Supplement (atty event)
Mon 03/27 1:04 PM
Supplement to Notice of Discovery Dispute,, - Defendant Nanogate's Supplement to Its Rule 37.1 Position Paper, filed by Nanogate North America, LLC. Related document(s)15 .(Hernandez, Arturo) |
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Att: 1
Exhibit Plaintiffs cover letter dated March 14, 2023,
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Att: 2
Exhibit Plaintiffs non-verified Interrogatory Responses,
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Att: 3
Exhibit Plaintiffs Responses to Request for Admissions
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oth_evt
Notice of Hearing or Conference
Mon 03/27 3:54 PM
IMPORTANT: Notice [non-document] of Status Conference set for 4/5/2023 at 01:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel call-in instructions, via mail and/or email, for accessing the conference call. (P,K) |
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oth_evt
Remark re Pro Se Service
Mon 03/27 4:01 PM
Copy of Notice of Status Conference with telephone conference instructions mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 3/27/2023. (P,K) |
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| Monday, March 20, 2023 | ||
| 15 | 15
notice
Notice of Discovery Dispute (atty event)
Mon 03/20 4:40 PM
First Notice of Discovery Dispute Position Paper filed by Nanogate North America, LLC.(Hernandez, Arturo) |
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Att: 1
Exhibit Defendants Request for Admissions to Plaintiff,
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Att: 2
Exhibit Defendants First Request for Interrogatories to Plaintiff,
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Att: 3
Exhibit Defendants First Request for Production of Documents,
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Att: 4
Exhibit Defendants Initial Disclosures to Plaintiff,
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Att: 5
Exhibit Defendants Golden Rule Letter to Plaintiff,
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Att: 6
Exhibit Defendants Copy of Plaintiff Reply to Golden Rule Letter,
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Att: 7
Exhibit Emails re Status Conference 3-9-23,
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Att: 8
Exhibit Emails re meet and confer 3-13-23
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| Monday, March 13, 2023 | ||
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minutes
Status Conference
Mon 03/13 3:47 PM
Minutes of proceedings [non-document] before Judge Pamela A. Barker. Telephone status conference held. Plaintiff participated, as did Attorneys Arturo A. Hernandez and Kimberly S. Basta on behalf of Defendant. The Court discussed with Plaintiff and defense counsel the information set forth in Defendant Nanogate's Confidential Status Report. The Court inquired of Plaintiff as to why he had not submitted a status report prior to the status conference, as required by the Case Management Conference Order issued on November 10, 2022. Plaintiff advised that he did not know that he was required to submit one, even though he acknowledged that Attorney Hernandez had contacted him on Thursday of last week (March 9, 2023) by telephone and email to discuss Plaintiff consenting to the information set forth in Defendant's proposed status report, and Plaintiff declining to so consent. Plaintiff admitted that he has not exchanged pretrial disclosures, but stated that if he had, they would only notify Defendant that he is the only witness he expects to testify in this matter. Plaintiff also acknowledged that he has not provided any responses to Defendant's discovery requests, but did send defense counsel a letter after the deadline for the discovery responses had passed, detailing that he did not intend to respond to them, and why ("Plaintiffs letter"). The Court and counsel agreed that the parties must follow the discovery dispute protocol and "meet and confer" to see if they can resolve their dispute, and if not, Defendant is ordered to file a position paper by March 20, 2023 and attach to it the written discovery served upon Plaintiff, and Plaintiff's letter; and Plaintiff is ordered to file his Position Paper by March 27, 2023. The Court advised Plaintiff and defense counsel that it will set a call with them once it has reviewed the position papers. The Court reminded Plaintiff of the fact discovery deadline in this matter. (Court Reporter: Greg Mizanin.)Time: 32 minutes. (P,K) |
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oth_evt
Remark re Pro Se Service
Mon 03/13 3:48 PM
Copy of Status Conference minutes mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 3/13/2023. (P,K) |
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| Friday, March 10, 2023 | ||
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oth_evt
Remark re Pro Se Service
Fri 03/10 8:27 AM
Copy of 3/9/2023 Order mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 3/10/2023. (P,K) |
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| Thursday, March 09, 2023 | ||
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order
Order
Thu 03/09 10:14 AM
Order [non-document] The parties failed to submit a status report prior to the upcoming Status Conference. Upon receipt of this Order, the parties are directed to submit a Status Report describing the status of discovery, settlement positions, and issues to be addressed. Judge Pamela A. Barker on 3/9/2023. (P,K) |
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| Wednesday, February 01, 2023 | ||
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order
Order
Wed 02/01 11:49 AM
Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for "guidance" or "clarification" regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the "status" of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 2/1/2023. (P,K) |
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| Thursday, November 10, 2022 | ||
| 14 | 14
order
Case Management Conference Plan/Order
Thu 11/10 11:41 AM
Case Management Conference Order. Case is assigned to the standard track. Status Conference set for 3/13/2023 at 01:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel call-in instructions, via mail/email, for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Discovery due by 6/16/2023. Parties to be Joined and Pleading Amendments due by 1/13/2023. Dispositive Motions due by 7/1/2023. Judge Pamela A. Barker on 11/10/2022.(P,K) |
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Att: 1
Exhibit 1
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| 13 | 13
minutes
Case Management Conference
Thu 11/10 11:35 AM
Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference held on 11/9/2022. Separate Case Management Conference Order to issue. (Court Reporter: Donnalee Cotone.)Time: 6 minutes. (P,K) |
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oth_evt
Remark re Pro Se Service
Thu 11/10 11:43 AM
Copy of13 Case Management Conference,14 Case Management Conference Order with telephone call-in instructions mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 11/10/2022. (P,K) |
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| Wednesday, November 09, 2022 | ||
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order
Order on Motion to appear pro hac vice
Wed 11/09 8:33 AM
Order [non-document] granting Motion for appearance pro hac vice by attorney Arturo A. Hernandez, III for Nanogate North America, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. . Judge Pamela A. Barker on 11/9/2022.(P,K) |
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order
Order on Motion to strike
Wed 11/09 1:28 PM
Order [non-document] Defendant's unopposed Motion to Strike Plaintiff Brian Benick's Response to Defendant's Counterclaims is granted for the reasons asserted in Defendant's Motion. Judge Pamela A. Barker on 11/9/2022.(P,K) |
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oth_evt
Remark re Pro Se Service
Wed 11/09 1:31 PM
Copy of Order to strike mailed to Brian Benick 936 Paxford Place Mansfield, OH 44906 on 11/9/2022. (P,K) |
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| Tuesday, November 01, 2022 | ||
| 12 | 12
notice
Report of Parties Planning Meeting (atty event)
Tue 11/01 11:11 AM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Nanogate North America, LLC. (Basta, Kimberly) |
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| Friday, October 28, 2022 | ||
| 11 | 11
notice
Attorney Appearance (atty event)
Fri 10/28 4:34 PM
Attorney Appearance by Kimberly S. Basta filed by on behalf of Nanogate North America, LLC. (Basta, Kimberly) |
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| Monday, October 24, 2022 | ||
| 10 | 10
motion
Appear Pro Hac Vice
Mon 10/24 2:04 PM
Motion for attorney Arturo A. Hernandez III to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11677398, filed by Defendant Nanogate North America, LLC.(Schonberg, Evelyn) |
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Att: 1
Exhibit A- Affidavit of Arturo A. Hernandez III
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| Tuesday, October 04, 2022 | ||
| 9 | 9
motion
Strike
Tue 10/04 1:01 PM
Motion to strike plaintiff Benick's response of plaintiff to defendant's counterclaims, with memorandum in support, filed by Defendant Nanogate North America, LLC. (Schonberg, Evelyn) |
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| Friday, September 30, 2022 | ||
| 8 | 8
order
Case Management Conference Scheduling Order
Fri 09/30 1:49 PM
Case Management Conference Scheduling Order with case management conference to be held on 11/9/2022 at 01:30 PM. The Court will provide counsel call-in instructions, via email and mail, for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 9/30/2022.(P,K) |
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Att: 1
Pro Se,
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Att: 2
Pro Se Guide
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| 7 | 7
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Magistrate Consent Package Issued by Courtroom Deputy
Fri 09/30 1:41 PM
Magistrate Consent Package issued by Courtroom Deputy. (P,K) |
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oth_evt
Remark re Pro Se Service
Fri 09/30 1:51 PM
Copy of7 Notice of Magistrate Consent form and8 Case Management Conference Scheduling Order with telephone instructions mailed to Brian Benick at 936 Paxford Place Mansfield, OH 44906 on 9/30/2022. (P,K) |
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| Wednesday, September 14, 2022 | ||
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Reassignment of Magistrate Judge - MJ Grimes Docket Creation
Wed 09/14 2:32 PM
Reassignment of Magistrate Judge pursuant to General Order 2022-16. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (L,MI) |
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oth_evt
Remark re Pro Se Service
Wed 09/14 3:05 PM
Copy of 9/14/2022 NEF Reassigning Magistrate Judge mailed to Brian Benick at 936 Paxford Place, Mansfield, OH 44906 on 9/14/2022. (L,MI) |
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| Friday, September 09, 2022 | ||
| 6 | 6
notice
Notice (court event)
Mon 09/12 12:03 PM
Response of plaintiff to defendant's counterclaims filed by Brian Benick.. Related document(s)1 ,4 .(H,Ch) |
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Att: 1
Various photographs
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| Wednesday, August 31, 2022 | ||
| 5 | 5
notice
Corporate Disclosure Statement (atty event)
Wed 08/31 5:50 PM
Corporate Disclosure Statement identifying Corporate Parent Techniplas US LLC for Nanogate North America, LLC filed by Nanogate North America, LLC. (Schonberg, Evelyn) |
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| 4 | 4
answer
Answer to Complaint
Wed 08/31 5:47 PM
Answer to Complaint filed by Nanogate North America, LLC. (Schonberg, Evelyn) |
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| Tuesday, August 23, 2022 | ||
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order
Order on Motion to appear pro hac vice
Tue 08/23 1:46 PM
Order [non-document] granting Defendant's Motion for appearance pro hac vice by attorney James N. Foster, Jr. for Nanogate North America, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. . Judge Pamela A. Barker on 8/23/2022.(P,K) |
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| Monday, August 22, 2022 | ||
| 3 | 3
motion
Appear Pro Hac Vice
Mon 08/22 11:03 AM
Motion for attorney James N. Foster, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11577819, filed by Defendant Nanogate North America, LLC.(Schonberg, Evelyn) |
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Att: 1
Exhibit A- Affidavit of James N. Foster, Jr.
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| Thursday, August 18, 2022 | ||
| 2 | 2
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Magistrate Consent Form Issued by Intake
Thu 08/18 10:45 AM
Magistrate Consent Form issued. (L,MI) |
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cmp
Notice of Removal
Thu 08/18 10:07 AM
Notice of Removal from Richland County Common Pleas Court, case number 2022 CV 0355 R. Filing fee paid $402.00, receipt number AOHNDC-11573573. Filed by Nanogate North America LLC, a Division of Techniplas US, LLC. (Schonberg, Evelyn) |
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Att: 1
Exhibit A- State Court Documents,
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Att: 2
Civil Cover Sheet
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utility
Add and Terminate Judge
Thu 08/18 10:44 AM
Judge Pamela A. Barker assigned to case. (L,MI) |
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Random Assignment of Magistrate Judge
Thu 08/18 10:44 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 William H. Baughman, Jr. (L,MI) |
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order
Order
Thu 08/18 10:57 AM
Order [non-document] This matter was removed to this Court on 8/18/2022. For the convenience of the Court, and by no later than 9/1/2022, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 8/18/2022. (P,K) |
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