Carmen et al. v. Carmen
| Ohio Northern District Court | |
| Judge: | David A Ruiz |
| Case #: | 1:24-cv-01331 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Breach of Fiduciary Duty |
| Case Filed: | Aug 02, 2024 |
| Case in other court: | Cuyahoga County Probate Court, 2024 ADV 290042 |
| Last checked: Wednesday Jan 29, 2025 4:34 AM EST |
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Defendant
Amy Carmen
8305 N. Ridgeway Drive
Paradise Valley, AZ 85253 |
Represented By
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Plaintiff
Clayton Carmen
1347 N. Stanley Unit 1
Los Angeles, CA 90046 |
Represented By
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Plaintiff
Kathryn Carmen
1255 Oakridge Drive
Cleveland Heights, OH 44121 |
Represented By
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| Docket last updated: 04/24/2025 11:59 PM EDT |
| Friday, April 04, 2025 | ||
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order
Order on Motion for order
Fri 04/04 12:08 PM
Order [non-document] granting the parties' Joint Motion to modify case management deadlines. . Discovery due by 7/31/2025. Dispositive Motions due by 8/31/2025. Judge David A. Ruiz on 4/4/2025. (H,Z) |
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| Friday, March 07, 2025 | ||
| 36 | 36
11
pgs
resp
Reply
Fri 03/07 3:14 PM
Reply in support of28 Motion to stay Discovery Pending Decision on 12(c) Motion filed by Amy Carmen.(Forrest, Jessica) |
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Att: 1
2 pgs
Exhibit 1 - Email between counsel re: settlement agreement,
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Att: 2
1 pgs
Exhibit 2 - Email between counsel re: initial disclosures,
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Att: 3
1 pgs
Exhibit 3 - Email between counsel re: meet and confer,
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Att: 4
2 pgs
Exhibit 4 - Email between Clayton and Eric Feb 2018,
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Att: 5
3 pgs
Exhibit 5 - Email between Clayton and Eric Aug 2018
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| 35 | 35
6
pgs
oth_ans
Brief
Fri 03/07 3:08 PM
Reply in Support of29 Motion for Protective Order filed by Amy Carmen. (Forrest, Jessica) Modified text on 3/19/2025 (S,DA). |
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Att: 1
1 pgs
Exhibit 1 - Email between counsel
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| Friday, February 28, 2025 | ||
| 34 | 34
3
pgs
motion
Order
Fri 02/28 12:02 PM
Motion Modify CMC Order filed by Clayton Carmen, Kathryn Carmen. (Kraus, Kristen) |
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| 33 | 33
19
pgs
oth_ans
Brief
Fri 02/28 11:59 AM
Brief In Opposition to Defendant's Motion for Protective Order filed by All Plaintiffs. (Kraus, Kristen) |
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| 32 | 32
10
pgs
oth_ans
Brief
Fri 02/28 11:55 AM
Brief In Opposition to Defendant's Motion to Stay Discovery filed by All Plaintiffs. (Kraus, Kristen) |
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| Wednesday, February 26, 2025 | ||
| 31 | 31
17
pgs
resp
Reply
Wed 02/26 4:58 PM
Reply in support of22 Motion for judgment on the pleadings filed by Amy Carmen. (Forrest, Jessica) |
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| Wednesday, February 19, 2025 | ||
| 30 | 30
1
pgs
minutes
Status Conference
Wed 02/19 12:44 PM
Minutes of proceedings before Judge David A. Ruiz. The Court held a telephonic Status Conference on 2/19/2025. The parties discussed the status of the case, the pending motions, and a potential extension of the discovery deadline. Court Reporter: n/a. Time: 40 minutes. (H,Z) |
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| Friday, February 14, 2025 | ||
| 29 | 29
2
pgs
motion
Protective Order
Fri 02/14 4:15 PM
Motion for protective order filed by Defendant Amy Carmen.(Forrest, Jessica) |
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Att: 1
7 pgs
Brief in Support of Motion for Protective Order,
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Att: 2
7 pgs
Exhibit 1 - Subpoena Issued to Trustee,
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Att: 3
6 pgs
Exhibit 2 - Subpoena Issued to Civista,
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Att: 4
1 pgs
Exhibit 3 - Clayton Social Media Post,
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Att: 5
1 pgs
Exhibit 4 - Kathryn Social Media Comment
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| 28 | 28
3
pgs
motion
Stay
Fri 02/14 4:09 PM
Motion to stay Discovery Pending Decision on 12(c) Motion filed by Defendant Amy Carmen.(Forrest, Jessica) |
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Att: 1
11 pgs
Brief in Support,
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Att: 2
7 pgs
Exhibit Ex. 1 - Subpoena to Trustee,
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Att: 3
6 pgs
Exhibit Ex. 2 - Subpoena to Civista,
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Att: 4
4 pgs
Exhibit Ex. 3 - Trustee's Objections to Subpoena,
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Att: 5
1 pgs
Exhibit Ex. 4 - Kathryn Carmen Social Media Comment
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| Wednesday, February 12, 2025 | ||
| 27 | 27
19
pgs
resp
Opposition
Wed 02/12 2:04 PM
Opposition to22 Motion for judgment on the pleadings filed by All Plaintiffs. (Kraus, Kristen) |
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| Tuesday, February 04, 2025 | ||
| 26 | 26
2
pgs
notice
Notice (atty event)
Tue 02/04 1:31 PM
Notice of Appearance filed by All Plaintiffs. (Kraus, Kristen) |
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| Tuesday, January 28, 2025 | ||
| 25 | 25
2
pgs
motion
Extension (other) Extension of Time to File Response/Reply to Motion
Tue 01/28 8:24 AM
Motion for extension of time until 2/12/25 to file response/reply to22 Motion for judgment on the pleadings filed by Kathryn Carmen, Clayton Carmen. Related document(s)22 (Selby, Richard). Modified on 1/28/2025 to correct entry (H,SP). |
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order
Order on Motion for extension of time to file response/reply to motion
Tue 01/28 3:42 PM
Order [non-document] granting Plaintiffs' Unopposed25 Motion for extension of time until 2/12/25 to file response/reply to22 Motion for judgment on the pleadings. Judge David A. Ruiz on 1/28/2025. (G,CA) |
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| Wednesday, January 08, 2025 | ||
| 24 | 24
notice
Notice of Service (atty event)
Wed 01/08 11:57 AM
Notice of Service of Subpoenas filed by All Plaintiffs.(Selby, Richard) |
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Att: 1
1 pgs
Exhibit Affidavit of Service,
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Att: 2
1 pgs
Exhibit Proof of Service
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| Monday, December 30, 2024 | ||
| 23 | 23
oth_doc
SEALED DOCUMENT
Mon 12/30 4:55 PM
SEALED Document: Motion for Judgment on the Pleadings and Memorandum in Support filed by Amy Carmen. Related document(s)21 ,18 ,11 ,13 ,16 ,14 .(Gallagher, Timothy) |
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Att: 1
Brief in Support Sealed Brief in Support of Motion for Judgment on the Pleadings
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| 22 | 22
3
pgs
motion
Judgment on the Pleadings
Mon 12/30 4:50 PM
Motion for judgment on the pleadings [Redacted] filed by Defendant Amy Carmen. Related document(s)21 ,11 ,16 .(Gallagher, Timothy) |
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Att: 1
18 pgs
Brief in Support REDACTED Brief in Support of Motion for Judgment on the Pleadings
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| Monday, December 23, 2024 | ||
| 21 | 21
1
pgs
order
Order on Motion for leave
Mon 12/23 2:18 PM
Order granting in part and denying in part Defendant's Motion for leave to file Motion for Judgment on the Pleadings and Brief under seal. . Defendant may file an unredacted version under seal, but must also file a redacted version for the public docket. Judge David A. Ruiz on 12/23/2024. (H,Z) |
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| 20 | 20
notice
Notice of Service (atty event)
Mon 12/23 1:08 PM
Notice of Service of Subpoenas and Discovery Requests filed by All Plaintiffs. (Selby, Richard) |
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| Friday, December 20, 2024 | ||
| 19 | 19
2
pgs
motion
Leave
Fri 12/20 3:25 PM
Motion for leave to file FRCP 12(c) Motion and Brief under seal filed by Defendant Amy Carmen. Related document(s)8 . (Gallagher, Timothy) |
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| 18 | 18
oth_doc
SEALED DOCUMENT
Fri 12/20 2:47 PM
SEALED Document: filed by Amy Carmen. Related document(s)17 ,16 ,15 . (Gallagher, Timothy) |
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| 17 | 17
2
pgs
order
Order on Motion for leave
Fri 12/20 2:21 PM
Marginal Entry Order granting Defendant Amy Carmen's Motion for Leave To File Exhibits Under Seal . Judge David A. Ruiz on 12/20/2024. (H,Z) |
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| Tuesday, December 17, 2024 | ||
| 16 | 16
29
pgs
answer
Answer to Amended Complaint
Tue 12/17 2:39 PM
Answer to11 Amended complaint,, filed by Amy Carmen.(Gallagher, Timothy) |
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Att: 1
1 pgs
Exhibit Ex. 1 - Kathryn Diary 2.2016,
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Att: 2
1 pgs
Exhibit Ex. 2 - Clayton text messages soliciting cheating;,
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Att: 3
1 pgs
Exhibit Ex. 3 - Clayton Social Media insult,
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Att: 4
1 pgs
Exhibit Ex. 4a - Amy ltr to Kathryn 2024,
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Att: 5
1 pgs
Exhibit Ex. 4b - Amy ltr to Clayton 2024,
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Att: 6
2 pgs
Exhibit 2017 Appointment of Special Trustee,
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Att: 7
4 pgs
Exhibit Ex. 6 - April 29, 2024 ltr
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| 15 | 15
2
pgs
motion
Leave
Tue 12/17 12:18 PM
Motion for leave To File Exhibits Under Seal filed by Defendant Amy Carmen. Related document(s)8 ,11 . (Gallagher, Timothy) |
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| Tuesday, December 10, 2024 | ||
| 14 | 14
oth_doc
SEALED DOCUMENT
Tue 12/10 1:41 PM
SEALED Document: filed by Kathryn Carmen, Clayton Carmen. (Selby, Richard) |
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| 13 | 13
oth_doc
SEALED DOCUMENT
Tue 12/10 1:39 PM
SEALED Document: filed by Kathryn Carmen, Clayton Carmen. (Selby, Richard) |
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order
Order on Motion for leave
Tue 12/10 9:26 AM
Order [non-document] granting Plaintiff's12 Motion for Leave to File Exhibits Under Seal. . Judge David A. Ruiz on 12/10/2024. (H,Z) |
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| Monday, December 09, 2024 | ||
| 12 | 12
2
pgs
motion
Leave
Mon 12/09 3:01 PM
Motion for leave To File Exhibits Under Seal filed by Plaintiff Kathryn Carmen. (Selby, Richard) |
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| 11 | 11
30+
pgs
cmp
Amended Complaint
Mon 12/09 2:00 PM
First Amended complaint against Amy Carmen. Filed by Kathryn Carmen. (Selby, Richard) |
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Att: 1
25 pgs
Exhibit A- Trust Agreement,
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Att: 2
4 pgs
Exhibit B1 - Complaint 11-12-15,
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Att: 3
5 pgs
Exhibit B-2 12-11-15 Amended Complaint,
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Att: 4
2 pgs
Exhibit C-1 JE,
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Att: 5
1 pgs
Exhibit C-2- 7/12/16 JE,
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Att: 6
6 pgs
Exhibit D-1 Not of Sub of Intervening Plaintiff,
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Att: 7
8 pgs
Exhibit D-2 Corrected Brief in Opp 9-18-17,
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Att: 8
3 pgs
Exhibit D-3 Mot to Sub Successor Trustee,
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Att: 9
2 pgs
Exhibit D-4 10-6-17 JE,
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Att: 10
2 pgs
Exhibit D-5 2-5-18 Stip Notice of Dismissal,
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Att: 11
1 pgs
Exhibit E-Resignation of Trustee,
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Att: 12
2 pgs
Exhibit F - Appointment of Special Trustee
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| Tuesday, November 19, 2024 | ||
| 10 | 10
4
pgs
order
Case Management Conference Plan/Order
Tue 11/19 1:56 PM
Case Management Conference Plan/Order. Case is assigned to the standard track. Telephonic Status Conference set for 2/19/2025 at 11:00 AM before Judge David A. Ruiz. Lead counsel must attend. Conferencing instructions to be issued by email in advance of the conference. Discovery due by 4/4/2025. Parties to be Joined and Pleading Amendments due by 12/9/2024. Dispositive Motions due by 5/2/2025. Judge David A. Ruiz on 11/19/2024. (H,Z) |
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| 9 | 9
1
pgs
minutes
Case Management Conference
Tue 11/19 1:50 PM
Minutes of proceedings before Judge David A. Ruiz. Case Management Conference held on 11/7/2024. The court established a discovery schedule and set dispositive motion deadlines as indicated in a separate case management order to follow. (Court Reporter: n/a.) Time: 45 minutes. (H,Z) |
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| 8 | 8
15
pgs
minutes
~Util - Terminate Motions Protective Order
Tue 11/19 1:45 PM
Protective Order regarding confidential documents. Motions terminated:6 Stipulated Motion for protective order filed by Amy Carmen. Judge David A. Ruiz on 11/18/2024. (H,Z) |
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| Friday, November 08, 2024 | ||
| 7 | 7
3
pgs
notice
Preliminary Estimate/Budget of Amount of Fees and Expenses (atty event)
Fri 11/08 11:43 AM
Anticipated Attorney Fees per Court's Judgment Entry Setting Case Management Conference filed by Amy Carmen. (Forrest, Jessica) Modified text on 11/8/2024 (F,AW). |
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| 6 | 6
15
pgs
motion
Protective Order
Fri 11/08 10:03 AM
Stipulated Motion for protective order filed by Defendant Amy Carmen. (Gallagher, Timothy) |
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| Thursday, November 07, 2024 | ||
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order
Case Management Conference Scheduling Order
Thu 11/07 10:14 AM
Case Management Conference Scheduling Order [non-document]: Case management conference set for 11/8/2024 at 09:00 AM is reset for 11/8/2024 at 10:00 AM* by telephone before Judge David A. Ruiz. Conferencing instructions emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. All other requirements and directives set forth in the CMC scheduling order (R.4 ) remain in effect. Judge David A. Ruiz on 11/7/2024. *Note change in time only. (G,CA) |
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| Friday, November 01, 2024 | ||
| 5 | 5
4
pgs
notice
Report of Parties Planning Meeting (atty event)
Fri 11/01 3:26 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Kathryn Carmen. (Selby, Richard) Modified docket text on 11/1/2024 (S,DA). |
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| Friday, October 04, 2024 | ||
| 4 | 4
6
pgs
order
Case Management Conference Scheduling Order
Fri 10/04 10:09 AM
Case Management Conference Scheduling Order with telephonic case management conference to be held on 11/8/2024 at 09:00 AM before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 10/4/2024. (H,Z) |
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Att: 1
3 pgs
Report of Parties' Planning Meeting
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| Friday, August 30, 2024 | ||
| 3 | 3
24
pgs
oth_ans
Answer
Fri 08/30 4:04 PM
Answer filed by Amy Carmen. (Forrest, Jessica) |
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Att: 1
13 pgs
Exhibits In support to Defendant's Answer
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| Friday, August 09, 2024 | ||
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order
Order
Fri 08/09 4:23 PM
Order [non-document] Pursuant to 28 USC § 1447(c), "[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a)." Therefore, any request for a remand must be filed within thirty days from the date of the removal. Response times are governed by the Federal Rules of Civil Procedure and Local Civil Rules. Defendant(s) may file an answer or otherwise respond to the Complaint at any time, but must do so no later than 40 days from the date of the removal. The filing of a motion to remand shall not toll a defendants obligation to move or otherwise respond. Judge David A. Ruiz on 8/9/2024. (H,Z) |
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| Friday, August 02, 2024 | ||
| 2 | 2
2
pgs
oth_evt
Magistrate Consent Form Issued by Intake
Fri 08/02 12:06 PM
Magistrate Consent Form issued. (L,MI) |
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| 1 | 1
3
pgs
cmp
Notice of Removal
Fri 08/02 11:35 AM
Notice of Removal from Cuyahoga County Probate Court, Cuyahoga County, Ohio, case number 2024 ADV 290042 with jury demand, Filing fee paid $ 405, receipt number AOHNDC-12675252. Filed by Amy Carmen. (Gallagher, Timothy) Modified text on 8/2/2024 (L,MI) |
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Att: 1
2 pgs
Civil Cover Sheet,
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Att: 2
61 pgs
Exhibit A - Plaintiffs' Complaint,
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Att: 3
2 pgs
Exhibit B - Proof of Service of State Court Complaint
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utility
Add and Terminate Judge
Fri 08/02 12:02 PM
Judge David A. Ruiz assigned to case. (L,MI) |
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oth_evt
Random Assignment of Magistrate Judge
Fri 08/02 12:05 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (L,MI) |
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