Cawley et al v. Cooper & Elliott, LLC et al

Ohio Southern District Court
Judge:Edmund A Sargus
Case #: 2:24-cv-04138
Nature of Suit423 Bankruptcy - Withdrawal 28 USC 157
Cause11:101 Bankruptcy
Case Filed:Nov 07, 2024
Case in other court:USBC- Middle District of Florida (Orlando), 6:24-ap-0065
Last checked: Thursday Nov 07, 2024 2:14 PM EST
Defendant
Sean R. Alto
305 W. Nationwide Blvd.
Columbus, OH 43215
Defendant
Cooper & Elliott, LLC
305 W. Nationwide Blvd.
Columbus, OH 43215
Defendant
Rex H. Elliott
305 W. Nationwide Blvd.
Columbus, OH 43215
Defendant
Barton R. Keyes
305 W. Nationwide Blvd.
Columbus, OH 43215
Plaintiff
Dermot Martin Cawley
3968 Wardell Place
Orlando, FL 32814
Plaintiff
Cawley JV LLC
12850 Hwy 9 N. Suite 600-378
Alpharetta, GA 30004
Plaintiff
Global Mill Supply, LLC
12850 Hwy 9 N. Suite 600-378
Alpharetta, GA 30004


Docket last updated: 11/17/2024 11:59 PM EST
Tuesday, November 12, 2024
34 34 notice Notice of Appearance Tue 11/12 5:29 PM
NOTICE of Appearance by Kevin F Hoskins for Plaintiffs Dermot Martin Cawley, Cawley JV LLC, Global Mill Supply, LLC (Hoskins, Kevin)
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Friday, November 08, 2024
33 33 notice Notice of Appearance Fri 11/08 11:38 AM
NOTICE of Appearance by Jackie M. Jewell for Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes, Sean R. Alto (Jewell, Jackie)
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32 32 misc Docket Annotation Fri 11/08 11:37 AM
Docket Sheet from the Florida Middle District US Bankruptcy Court. (er)
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31 31 2 pgs order Order on Motion for Miscellaneous Relief Fri 11/08 11:27 AM
AGREED ORDER granting25 Motion to Withdraw Pending Motions and Transfer Case to the Southern District of Ohio (Columbus). Motions seeking to withdraw the reference and for other relief (Doc. Nos.10 and 15- now16 ) are WITHDRAWN with Prejudice. Signed by Bankruptcy Judge Grace E. Robson on 10/25/2024. (Filed in Middle District of Florida - Bankruptcy Court on 10/25/2024 - formerly doc 30) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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30 30 answer Answer to Complaint Fri 11/08 11:19 AM
ANSWER to1 Complaint filed by Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes & Sean R. Alto. (Filed in Middle District of Florida - Bankruptcy Court on 10/21/2024 - formerly doc 29, filed as Response to Complaint) (er)
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29 29 misc Docket Annotation Fri 11/08 11:06 AM
Hearing Proceeding Memo: Hearing Held - Appearances: Jeffrey Ainsworth (Debtor Atty); Jerrett McConnell (Sub V Trustee); Jon Kane (Plf Atty): Angelina Lim (Def Atty); Geoffrey Peters (Vorys Atty - Observing); RULING : Pretrial Conference (via zoom) - No further hearing; (gww). Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Filed in Middle District of Florida - Bankruptcy Court on 10/17/2024 - formerly doc 28) (er)
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28 28 discov Rule 26(a)(1) Disclosures Fri 11/08 10:55 AM
Initial Disclosures (Rule 26(a)) by Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes & Sean R. Alto. (Filed in Middle District of Florida - Bankruptcy Court on 10/16/2024 - formerly doc 27) (er)
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27 27 notice Notice of Withdrawal of Document Fri 11/08 10:48 AM
NOTICE OF WITHDRAWAL OF the Duplicate26 AGREED MOTION for Order Withdrawing Pending Motions and Transferring Case to the Southern District of Ohio (Columbus) filed by Plaintiffs Dermot Martin Cawley, Cawley JV LLC & Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 10/14/2024 - formerly doc 26) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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26 26 motion Miscellaneous Relief Fri 11/08 10:43 AM
AGREED MOTION for Order Withdrawing Pending Motion and Transferring Case to the Southern District of Ohio (Columbus) by Plaintiffs Dermot Martin Cawley, Cawley JV LLC & Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 10/8/2024 - formerly doc 25) (er) Modified on 11/8/2024 (er)
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25 25 motion Miscellaneous Relief Fri 11/08 10:39 AM
AGREED MOTION for Order Withdrawing Pending Motions and Transferring Case to the Southern District of Ohio (Columbus) filed by Plaintiffs Dermot Martin Cawley, Cawley JV LLC, Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 10/14/2024 - formerly doc 24) (er)
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24 24 2 pgs order Order on Motion for Miscellaneous Relief Fri 11/08 10:21 AM
AGREED ORDER granting23 Joint Motion to Reschedule Hearing /Continue Status Conference. Signed by Bankruptcy Judge Grace E. Robson on 10/8/2024. (Filed in Middle District of Florida - Bankruptcy Court on 10/8/2024 - formerly doc 23) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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23 23 motion Miscellaneous Relief Fri 11/08 10:16 AM
JOINT MOTION top Reschedule Hearing on Status Conference by Defendant Cooper & Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 10/2/2024 - formerly doc 22) (er)
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22 22 misc Docket Annotation Fri 11/08 10:05 AM
BNC Certificate of Mailing - Notice Date 9/27/2024. (Filed in Middle District of Florida - Bankruptcy Court on 9/27/2024 - formerly doc 21) (er)
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21 21 2 pgs order Order Fri 11/08 10:00 AM
ORDER Directing Immediate Payment of Filing Fee of $199.00 for Amended Motion for Withdrawal of Reference. Upon receipt of the filing fee, the Clerk is directed to transmit the Amended Motion (Doc No 15) to the Clerk of the District Court for Processing. Signed by Bankruptcy Judge Grace E. Robson on 9/25/2024. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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20 20 discov Rule 26(a)(1) Disclosures Fri 11/08 9:55 AM
Initial Discloures by Plaintiffs Dermot Martin Cawley, Cawley JV LLC & Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/21/2024 - formerly doc 19) (er)
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19 19 2 pgs order Order on Motion for Miscellaneous Relief Fri 11/08 9:50 AM
AGREED ORDER granting18 Agreed Motion to Abate and Cancelling Hearing on September 10, 2024. Signed by Bankruptcy Judge Grace E. Robson on 8/21/2024. (Filed in Middle District of Florida - Bankruptcy Court on 8/21/2024 - formerly doc 18) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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18 18 motion Miscellaneous Relief Fri 11/08 9:47 AM
MOTION to Abate filed by Defendant Cooper & Elliott, LLC. (er) (Filed in Middle District of Florida - Bankruptcy Court on 8/16/2024 - formerly doc 17)
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17 17 2 pgs order Order on Motion for Miscellaneous Relief Fri 11/08 9:42 AM
AGREED ORDER granting9 Motion to Extend Time to Respond to Adversary Complaint. Signed by Bankruptcy Judge Grace E. Robson on 8/13/2024. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - formerly doc 16) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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16 16 motion Miscellaneous Relief Fri 11/08 9:34 AM
Amended MOTION (1) to Determine Bankruptcy Courts Authority to Enter Final Orders or Judgments; (2) for Withdrawal of this Proceeding to the District Court; (3) Dismissal as to the Claims of Non-Debtor Plaintiffs; (4) to Dismiss Pursuant to Forum Non Conveniens Doctrine; (5) to Dismiss for Lack of Personal Jurisdiction; Alternatively, (6) Transfer of the Proceeding to Ohio filed by Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes, Sean R. Alto. (er) (Filed in Middle District of Florida - Bankruptcy Court on 8/12/2024 - formerly doc 15)
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15 15 notice Notice of Appearance Fri 11/08 8:52 AM
NOTICE of Appearance by D Patrick Kasson for Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes, Sean R. Alto (Kasson, D)
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utility Remark Fri 11/08 9:45 AM
Service completed via CM/ECF electronic notification filed by Defendant Cooper and Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - related to former doc 16 now17 ) (er)
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utility Remark Fri 11/08 9:52 AM
Service completed via CM/ECF electronic notification filed by Defendant Cooper and Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - related to former doc 18 now19 ) (er)
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misc Docket Annotation Fri 11/08 10:10 AM
Payment of Filing Fee for Motion to Withdraw Reference - related to doc 15. (er)
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misc Filing Fee Received Fri 11/08 10:13 AM
Receipt of Filing fee for Z - Payment of Filing Fee - Motion to Withdraw Reference (6:24-ap-00065-GER): $ 199.00, receipt number A77016613. (Filed in Middle District of Florida - Bankruptcy Court on 10/1/2024) (er)
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utility Remark Fri 11/08 10:34 AM
Service completed via CM/ECF electronic notification filed by Defendant Cooper and Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - related to former doc 23 now24 ) (er)
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utility Remark Fri 11/08 10:51 AM
Service completed via CM/ECF electronic notification filed by Defendant Cooper and Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - related to former doc 23 now24 ) (er)
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utility Remark Fri 11/08 11:34 AM
Service completed via CM/ECF electronic notification. Filed by Jon E Kane on behalf of Plaintiffs CAWLEY JV LLC, Dermot Martin Cawley, Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 8/13/2024 - related to former doc 30 now31 ) (er)
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Thursday, November 07, 2024
14 14 2 pgs order Order on Motion for Miscellaneous Relief Thu 11/07 3:57 PM
ORDER granting13 Motion to Extend Time to Respond to Defendants Motion and to Reschedule Preliminary Hearing thereon until August 19, 2014. Signed by Bankruptcy Judge Grace E. Robson on 8/9/2024. (Filed in Middle District of Florida - Bankruptcy Court on 8/9/2024) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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13 13 motion Miscellaneous Relief Thu 11/07 3:53 PM
MOTION to Extend Time to Respond to Defendants' Motion and Reschedule Preliminary Hearing by Plaintiff Dermot Martin Cawley. (Filed in Middle District of Florida - Bankruptcy Court on 8/7/2024) (er)
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12 12 misc Docket Annotation Thu 11/07 3:51 PM
BNC Certificate of Mailing - Notice Date 8/4/2024. (Filed in Middle District of Florida - Bankruptcy Court on 8/4/2024) (er)
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11 11 2 pgs order Order Thu 11/07 3:48 PM
ORDER re10 Motion- (1)Setting Hearing, (2) Setting Deadline to Respond and (3) Directing Service of Motion on Debtor and United States Trustee. Signed by Bankruptcy Judge Grace E. Robson on 8/2/2024. (Filed in Middle District of Florida - Bankruptcy Court on 8/2/2024) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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10 10 motion Miscellaneous Relief Thu 11/07 3:43 PM
MOTION (1) to Determine Bankruptcy Courts Authority to Enter Final Orders or Judgments; and (2) for Withdrawal of this Proceeding to the District Court; and/or (3) Dismissal as to Non-Debtor Plaintiffs; and/or (4) to Dismiss Pursuant to Forum Non Conveniens Doctrine; Alternatively (5) transfer of the Proceeding to Ohio; and Demand for a Jury Trial by Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes & Sean R. Alto. (er) (Filed in Middle District of Florida - Bankruptcy Court on 7/29/2024)
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9 9 motion Miscellaneous Relief Thu 11/07 3:29 PM
MOTION to Extend Time to Respond to Adversary Complaint by Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes & Sean R. Alto. (Filed in Middle District of Florida - Bankruptcy Court on 7/24/2024) (er)
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8 8 notice Notice of Appearance Thu 11/07 3:27 PM
NOTICE of Appearance and Request for Notice of Edward J. Peterson III by Defendants Cooper & Elliott, LLC, Rex H. Elliott, Barton R. Keyes & Sean R. Alto. (Filed in Middle District of Florida - Bankruptcy Court on 7/24/2024) (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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7 7 service Summons Returned Executed Thu 11/07 3:23 PM
Service Executed as to Defendant Sean R. Alto. (Filed in Middle District of Florida - Bankruptcy Court on 6/28/2024) (er)
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6 6 service Summons Returned Executed Thu 11/07 3:21 PM
Service Executed as to Defendant Rex H. Elliott. (Filed in Middle District of Florida - Bankruptcy Court on 6/28/2024) (er)
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5 5 service Summons Returned Executed Thu 11/07 3:20 PM
Service Executed as to Defendant Cooper & Elliott, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 6/28/2024) (er)
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4 4 service Summons Returned Executed Thu 11/07 3:18 PM
Service Executed as to Defendant Barton R. Keyes. (Filed in Middle District of Florida - Bankruptcy Court on 6/28/2024) (er)
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3 3 service Summons Issued Thu 11/07 3:15 PM
Summons Issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer due 07/29/2024. (Filed in Middle District of Florida - Bankruptcy Court on 6/27/2024) (er)
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2 2 misc Corporate Disclosure Statement Thu 11/07 3:11 PM
Certificate of Interested Persons and Corporate Disclosure Statement by Plaintiffs Dermot Martin Cawley, Cawley JV LLC, Global Mill Supply, LLC. (Filed in Middle District of Florida - Bankruptcy Court on 6/26/2024) (er)
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1 1 14 pgs cmp Complaint Thu 11/07 3:06 PM
COMPLAINT filed by Dermot Martin Cawley, Global Mill Supply, LLC & Cawley JV LLC against Sean R. Alto, Cooper & Elliott, LLC, Rex H. Elliott & Barton R. Keyes. (Filed in Middle District of Florida - Bankruptcy Court on 6/26/2024) (er)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Exhibit J,
Att: 11 Exhibit K,
Att: 12 Exhibit L,
Att: 13 Exhibit M,
Att: 14 Exhibit N,
Att: 15 Exhibit O