District Court, E.D. Michigan

Last Updated: May 3, 2023, 9:26 a.m.

Assigned To: Gershwin Allen Drain

Referred To: Stephanie Dawkins DavisM

Citation: Emmet v. Del Franco, 2:16-cv-11211, (E.D. Mich.)

Date Filed: April 4, 2016

Date Terminated: May 21, 2018

Date of Last Known Filing: May 21, 2018

Cause: 28:1332 Diversity-Fraud

Nature of Suit: 370 Other Fraud

Jury Demand: Plaintiff

Jurisdiction Type: Diversity

• Apr 4, 2016
• TRANSFERREDCOMPLAINT against ABC CORPORATION(S) 1-10, D&G GREEN ENTERPRISES, LLC, NICHOLAS DEL FRANCO, TOM DEL FRANCO, HOMESTEAD HYDRO, HYDROPONICS HOUSE, LLC, JOHN DOE(S) 1-10, MARTIN KARO, MAD HATTER NUTRIENTS AND SOILS, NDF ENTERPRISES, ORGANIC AMERICA, ORGANIC AMERICA FARMS OF AMHERST, LLC, ORGANIC AMERICA FARMS, LLC, ORGANIC AMERICA HOLDINGS, LLC, ORGANIC AMERICA OF FORT MYERS, LLC, ORGANIC AMERICA SUPPLY, ORGANIC AMERICA WHOLESALE, LLC, JOHN OSENDORF, THE HOMESTEAD GREENHOUSE LEASING COMPANY, LLC ( Filing and Admin fee $ 400 receipt number 6120116) with JURY DEMAND, filed by PETER W. EMMET. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(jjc) [Case transferred in from New Jersey; Case Number 3:14-cv-08014.] (Entered: 12/24/2014)
• Apr 4, 2016
• MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 3/31/2016. (mmh) [Transferred from njd on 4/4/2016.] (Entered: 03/31/2016)
• Apr 4, 2016
• ORDER granting 17 Motion to vacate the entry of default; granting 16 Defendants’ alternative motion to transfer; the Clerk shall transfer this case to the USDC for the Eastern District of Michigan. Signed by Judge Michael A. Shipp on 3/31/2016. (mmh) [Transferred from njd on 4/4/2016.] (Entered: 03/31/2016)
• Apr 4, 2016
• Docket Sheet from New Jersey; Case Number 3:14-cv-08014. Modified on 4/4/2016 (VLun). (Entered: 04/04/2016)
• Apr 7, 2016
• NOTICE of Appearance by Gerald J. Gleeson, II on behalf of All Defendants. (Gleeson, Gerald) (Entered: 04/07/2016)
• Apr 7, 2016
• NOTICE of Appearance by Jeffrey Alan Crapko on behalf of All Defendants. (Crapko, Jeffrey) (Entered: 04/07/2016)
• Apr 9, 2016
• NOTICE of Appearance by Martin H. Karo on behalf of All Defendants. (Karo, Martin) (Entered: 04/09/2016)
• Apr 13, 2016
• Ex Parte MOTION to Stay Parties’ Obligation to Plead, Amend or Respond Pending a Status Conference with the Court by All Defendants. (Gleeson, Gerald) (Entered: 04/13/2016)
• Apr 15, 2016
• ATTORNEY APPEARANCE: Lisa Michelle Okasinski appearing on behalf of Peter W. Emmet (Okasinski, Lisa)[INCORRECT CASE NUMBER ON THE DOCUMENT] Modified on 4/15/2016 (Ahmed, N). (Entered: 04/15/2016)
• Apr 15, 2016
• ATTORNEY APPEARANCE: Mark S. Demorest appearing on behalf of Peter W. Emmet (Demorest, Mark) [INCORRECT CASE NUMBER ON THE DOCUMENT] Modified on 4/15/2016 (Ahmed, N). (Entered: 04/15/2016)
• Apr 18, 2016
• ORDER DENYING DEFENDANTS’ EX PARTE MOTION TO STAY PARTIES OBLIGATION TO PLEAD, AMEND OR RESPOND [#8] AND SETTING STATUS CONFERENCE FOR MAY 3, 2016 AT 2:00 P.M. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 04/18/2016)
• Apr 18, 2016
• NOTICE TO APPEAR: Status Conference set for 5/3/2016 02:00 PM before District Judge Gershwin A. Drain (TBan) (Entered: 04/18/2016)
• Apr 20, 2016
• NOTICE of Appearance by Kevin M. Mulvaney on behalf of Peter W. Emmet. (Mulvaney, Kevin) (Entered: 04/20/2016)
• Apr 22, 2016
• STIPULATION ALLOWING WITHDRAWAL OF DEMOREST LAW FIRM, PLLC by Peter W. Emmet (Demorest, Mark) (Entered: 04/22/2016)
• May 2, 2016
• ORDER ALLOWING WITHDRAWAL OF DEMOREST LAW FIRM, PLLC with stipulation. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 05/02/2016)
• May 3, 2016
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 5/3/2016. (TBan)
• May 5, 2016
• SCHEDULING ORDER: Discovery due by 11/3/2016; Dispositive Motion Cut-off set for 12/3/2016; Final Pretrial Conference set for 3/28/2017 03:00 PM before District Judge Gershwin A. Drain; Jury Trial set for 4/11/2017 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TBan) (Entered: 05/05/2016)
• May 5, 2016
• ORDER REFERRING OTHER MATTERS to Magistrate Judge Dawkins Davis : Settlement Conference. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 05/05/2016)
• May 12, 2016
• MOTION to Dismiss by All Defendants. (Attachments: # 1 Exhibit A: Bayagich v Rouge Township) (Gleeson, Gerald) (Entered: 05/12/2016)
• May 17, 2016
• NOTICE OF HEARING on 18 MOTION to Dismiss . Motion Hearing set for 7/11/2016 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 05/17/2016)
• May 25, 2016
• ORDER for Settlement Conference. ( Settlement Conference set for 12/14/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT*. Confidential Settlement Statements are due by 11/30/2016.) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 05/25/2016)
• Jun 2, 2016
• RESPONSE to 18 MOTION to Dismiss filed by Peter W. Emmet. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Complaint, # 3 Exhibit B-Certification of Peter Emmet (“Emmet Cert”), # 4 Exhibit C-Certification of Mark K. Silver, Esq., # 5 Exhibit D-Unpublished Opinion of New Jersey District Court) (Mulvaney, Kevin) (Entered: 06/02/2016)
• Jun 16, 2016
• REPLY to Response re 18 MOTION to Dismiss filed by All Defendants. (Gleeson, Gerald) (Entered: 06/16/2016)
• Jul 1, 2016
• NOTICE of Appearance by Cara M. Swindlehurst on behalf of Peter W. Emmet. (Swindlehurst, Cara) (Entered: 07/01/2016)
• Jul 5, 2016
• TEXT-ONLY NOTICE: Hearing on 7/11/16 is Cancelled re 19 Notice of Hearing on Motion. (DPar)
• Jul 5, 2016
• NOTICE OF HEARING on MOTION to Dismiss 18 . Motion Hearing Reset for 8/8/2016 11:00 AM before District Judge Gershwin A. Drain. (DPar) (Entered: 07/05/2016)
• Jul 8, 2016
• NOTICE of Appearance by Mark K. Silver on behalf of Peter W. Emmet. (Silver, Mark) (Entered: 07/08/2016)
• Jul 14, 2016
• Reset Motion Hearing as to 18 MOTION to Dismiss. Motion Hearing reset for 8/11/2016 02:00 PM before District Judge Gershwin A. Drain. (SBur)
• Jul 22, 2016
• Reset Motion Hearing ***TIME CHANGE ONLY*** as to 18 MOTION to Dismiss . Motion Hearing reset for 8/11/2016 03:00 PM before District Judge Gershwin A. Drain. (SBur)
• Jul 26, 2016
• MOTION to Compel Discovery by Peter W. Emmet. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit C-5, # 9 Exhibit C-6, # 10 Exhibit C-7, # 11 Exhibit D) (Swindlehurst, Cara) (Entered: 07/26/2016)
• Jul 26, 2016
• ORDER REFERRING MOTION to Magistrate Judge Stephanie Dawkins Davis: 26 MOTION to Compel Discovery filed by Peter W. Emmet. Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 07/26/2016)
• Aug 9, 2016
• ORDER Setting Hearing on Motion 26 MOTION to Compel Discovery : Response due by 8/12/2016. Reply due by 8/22/2016. Resolved/Unresolved Issues due by 9/30/2016. Motion Hearing set for 10/11/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis. Signed by Magistrate Judge Stephanie Dawkins Davis. (DWor) (Entered: 08/09/2016)
• Aug 10, 2016
• MOTION for Partial Summary Judgment by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 08/10/2016)
• Aug 11, 2016
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 8/11/2016 re 18 MOTION to Dismiss filed by Organic America, Hydroponics House, LLC, Tom Del Franco, Nicholas Del Franco, John Doe’s 1-10, John Osendorf, Homestead Hydro, Organic America Of Fort Myers, LLC, Organic America Farms, LLC, D&G Green Enterprises, LLC, The Homestead Greenhouse Leasing Company, LLC, Organic America Supply, Organic America Holdings, LLC, ABC CORPORATIONS 1-10, Organic America Wholesale, LLC, NDF Enterprises, Organic America Farms Of Amherst, LLC, Martin Karo, Mad Hatter Nutrients And Soils Disposition: Motion denied without prejudice (Court Reporter: Merilyn Jones) (TMcg)
• Aug 12, 2016
• RESPONSE to 26 MOTION to Compel Discovery filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Complaint (without exhibits), # 3 Exhibit B: Email Correspondence Between Counsel Dated July 26, 2016, # 4 Exhibit C: Email Correspondence Between Counsel Dated July 29, 2016) (Gleeson, Gerald) (Entered: 08/12/2016)
• Aug 16, 2016
• STIPULATION AND ORDER Referring Case to Facilitation. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/16/2016)
• Aug 18, 2016
• OPINION and ORDER Denying 18 MOTION to Dismiss without Prejudice. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/18/2016)
• Aug 22, 2016
• MOTION re 26 MOTION to Compel Discovery by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 08/22/2016)
• Aug 30, 2016
• TRANSCRIPT of Motion held on 8/11/2016. (Court Reporter: Merilyn Jones) (Number of Pages: 35) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/20/2016. Redacted Transcript Deadline set for 9/30/2016. Release of Transcript Restriction set for 11/28/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 08/30/2016)
• Sep 1, 2016
• AMENDED COMPLAINT with Jury Demand filed by Peter W. Emmet against All Defendants. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-P) (Swindlehurst, Cara) (Entered: 09/01/2016)
• Sep 1, 2016
• STIPULATION AND ORDER Adjourning Lay and Expert Witness Exchange Sixty (60) Days. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/01/2016)
• Sep 1, 2016
• STIPULATION AND ORDER Withdrawing 29 MOTION for Partial Summary Judgment without Prejudice. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/01/2016)
• Sep 6, 2016
• ORDER REFERRING MOTION to Magistrate Judge Stephanie Dawkins Davis: 33 MOTION re 26 MOTION to Compel Discovery filed by Peter W. Emmet. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 09/06/2016)
• Sep 13, 2016
• STIPULATION AND ORDER to Allow Leave to Exceed the Briefing Page Limit. ***PLEASE SEE ORDER FOR DETAILS*** Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/13/2016)
• Sep 15, 2016
• MOTION to Dismiss The Amended Complaint by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Miller v. Laidlaw & Co., # 3 Exhibit B: Wrench LLC v. Taco Bell Corp., # 4 Exhibit C: Hubbard v. Geostar Financial Services, # 5 Exhibit D: Coppola v. Manning) (Gleeson, Gerald) (Entered: 09/15/2016)
• Sep 20, 2016
• TEXT-ONLY ORDER granting 33 Motion to hold motion to compel discovery in abeyance. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)
• Sep 22, 2016
• NOTICE OF HEARING on 40 MOTION to Dismiss The Amended Complaint. Motion Hearing set for 11/21/2016 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 09/22/2016)
• Sep 28, 2016
• TEXT-ONLY NOTICE: Hearing on 10/11/16 is Cancelled re 28 Order Setting Hearing on Motion to Compel. A new hearing date will be scheduled, if necessary. (THal)
• Sep 29, 2016
• RESPONSE to 40 MOTION to Dismiss The Amended Complaint filed by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 09/29/2016)
• Oct 13, 2016
• REPLY to Response re 40 MOTION to Dismiss The Amended Complaint filed by All Defendants. (Gleeson, Gerald) (Entered: 10/13/2016)
• Oct 17, 2016
• STIPULATION TO ADJOURN FACILITATION UNTIL AFTER DISPOSITIVE MOTION HEARING. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 10/17/2016)
• Nov 14, 2016
• Set/Reset Deadlines as to 40 MOTION to Dismiss The Amended Complaint. Motion Hearing set for 12/8/2016 09:00 AM before District Judge Gershwin A. Drain (TBan)
• Dec 2, 2016
• Set/Reset Deadlines as to 40 MOTION to Dismiss The Amended Complaint. Motion Hearing reset for 2/21/2017 02:00 PM before District Judge Gershwin A. Drain (TBan)
• Dec 13, 2016
• TEXT-ONLY NOTICE: Settlement Conference on 12/14/16 is Adjourned pursuant to a request by the parties. New date to be set. (THal)
• Dec 21, 2016
• NOTICE TO APPEAR: Settlement Conference reset for 4/19/2017 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT. *Confidential settlement statements due by 4/5/2017. (THal) (Entered: 12/21/2016)
• Jan 9, 2017
• MOTION for Withdrawal of Attorney Gerald J. Gleeson and Jeffrey A. Crapko by All Defendants. (Gleeson, Gerald) (Entered: 01/09/2017)
• Jan 12, 2017
• ORDER REQURING RESPONSE AND SETTING HEARING 46 Motion for Withdrawal of Attorney. Response due by 1/27/2017 Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 01/12/2017)
• Jan 18, 2017
• CERTIFICATE OF SERVICE re 47 Order Requiring Responsive Pleading by All Defendants (Gleeson, Gerald) (Entered: 01/18/2017)
• Jan 26, 2017
• NOTICE OF HEARING on 46 MOTION for Withdrawal of Attorney Gerald J. Gleeson and Jeffrey A. Crapko. Motion Hearing set for 2/9/2017 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 01/26/2017)
• Jan 26, 2017
• ORDER GRANTING ADJOURNING FACILITATION UNTIL AFTER DEFENSE COUNSEL’S MOTION FOR LEAVE TO WITHDRAW IS HEARD. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 01/26/2017)
• Jan 26, 2017
• RESPONSE to 46 MOTION for Withdrawal of Attorney Gerald J. Gleeson and Jeffrey A. Crapko filed by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 01/26/2017)
• Jan 28, 2017
• REPLY to Response re 46 MOTION for Withdrawal of Attorney Gerald J. Gleeson and Jeffrey A. Crapko filed by Martin Karo. (Karo, Martin) (Entered: 01/28/2017)
• Feb 1, 2017
• MOTION for Leave to File Sur-Reply by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 1-A, # 4 Exhibit 1-B, # 5 Exhibit 1-C, # 6 Exhibit 1-D, # 7 Exhibit 2) (Mulvaney, Kevin) (Entered: 02/01/2017)
• Feb 2, 2017
• Set/Reset Deadlines as to 46 MOTION for Withdrawal of Attorney Gerald J. Gleeson and Jeffrey A. Crapko. Motion Hearing set for 2/9/2017 03:00 PM before District Judge Gershwin A. Drain: TIME CHANGE ONLY (TBan)
• Feb 9, 2017
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 2/9/2017 re 46 MOTION for Withdrawal of Attorney Disposition: Motion granted in part and denied in part (Court Reporter: Merilyn Jones) (TBan)
• Feb 9, 2017
• NOTICE TO APPEAR: Status Conference set for 3/14/2017 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 02/09/2017)
• Feb 10, 2017
• ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW [#46] AND MOTION TO FILE SUR-REPLY [#53]. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 02/10/2017)
• Feb 17, 2017
• Notice of Determination of Motion Without Oral Argument re 40 MOTION to Dismiss The Amended Complaint. Hearing on Motion to Dismiss is hereby cancelled. (FMos) (Entered: 02/17/2017)
• Feb 22, 2017
• ORDER RESCINDING ORDER OF REFERENCE TO MAGISTRATE JUDGE AND ORDER FOR SUBMISSION OF MOTION WITHOUT ORAL HEARING. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 02/22/2017)
• Feb 22, 2017
• ~Util – Set Deadlines/Hearings AND ~Util – Set Scheduling Order Deadlines
• Feb 22, 2017
• ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT [#40] AND AMENDING SCHEDULING ORDER. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 02/22/2017)
• Feb 22, 2017
• AMENDING SCHEDULING ORDER Discovery due by 8/21/2017; Status Conference set for 3/14/2017 10:00 AM before District Judge Gershwin A. Drain; Dispositive Motion Cut-off set for 9/11/2017; Final Pretrial Conference set for 1/15/2018 02:00 PM before District Judge Gershwin A. Drain; Jury Trial set for 1/30/2018 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (TBan)
• Feb 22, 2017
• ORDER REFERRING OTHER MATTERS to Magistrate Judge Dawkins Davis : Settlement Conference. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 02/22/2017)
• Feb 23, 2017
• Set Deadlines/Hearings: Status Conference reset for 3/14/2017 02:30 PM before District Judge Gershwin A. Drain: TIME CHANGE ONLY. (TBan)
• Feb 24, 2017
• CERTIFICATE OF SERVICE re 58 Order on Motion to Dismiss by All Defendants (Gleeson, Gerald) (Entered: 02/24/2017)
• Mar 9, 2017
• TEXT-ONLY NOTICE: Settlement Conference on 4/19/17 is Cancelled re 45 Notice to Appear (THal)
• Mar 9, 2017
• ORDER for Settlement Conference. ( Settlement Conference set for 12/13/2017 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT*. Confidential settlement statements due 11/29/2017.) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/09/2017)
• Mar 13, 2017
• NOTICE of Appearance by Joseph P. Fiteni on behalf of Peter W. Emmet. (Fiteni, Joseph) (Entered: 03/13/2017)
• Mar 14, 2017
• ATTORNEY APPEARANCE: David M. Honigman appearing on behalf of ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC (Honigman, David) (Entered: 03/14/2017)
• Mar 14, 2017
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 3/14/2017. (Court Reporter: Merilyn Jones) (TBan)
• Mar 21, 2017
• ORDER DENYING PLAINTIFFS MOTION TO COMPEL [#26]WITHOUT PREJUDICE. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 03/21/2017)
• Mar 28, 2017
• Renewed MOTION to Compel Discovery by Peter W. Emmet. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4) (Swindlehurst, Cara) (Entered: 03/28/2017)
• Mar 28, 2017
• ORDER REFERRING MOTION to Magistrate Judge Stephanie Dawkins Davis: 65 Renewed MOTION to Compel Discovery filed by Peter W. Emmet. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 03/28/2017)
• Mar 28, 2017
• ANSWER to Amended Complaint with Affirmative Defenses, COUNTERCLAIM filed by All Defendants against Peter W. Emmet by All Defendants. (Honigman, David) (Entered: 03/28/2017)
• Mar 29, 2017
• ANSWER to Counterclaim with Affirmative Defenses Amended by ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC. (Honigman, David) (Entered: 03/29/2017)
• Apr 19, 2017
• ANSWER to Counterclaim with Affirmative Defenses by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 04/19/2017)
• Apr 19, 2017
• ORDER Setting Hearing on 65 Renewed MOTION to Compel Discovery : Response due by 5/3/2017. Reply due by 5/10/2017. Resolved/Unresolved Issues due by 5/17/2017. Motion Hearing set for 5/30/2017 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/19/2017)
• May 1, 2017
• Plaintiff’s WITNESS LIST by Peter W. Emmet (Swindlehurst, Cara) (Entered: 05/01/2017)
• May 1, 2017
• WITNESS LIST by All Defendants (Buster, James) (Entered: 05/01/2017)
• May 2, 2017
• ATTORNEY APPEARANCE: James A. Buster appearing on behalf of ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC (Buster, James) (Entered: 05/02/2017)
• May 3, 2017
• RESPONSE to 65 Renewed MOTION to Compel Discovery filed by ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC. (Buster, James) (Entered: 05/03/2017)
• May 8, 2017
• Emergency MOTION to Adjourn Facilitation Until After Motion to Compel Hearing by Peter W. Emmet. (Attachments: # 1 Exhibit 1) (Swindlehurst, Cara) (Entered: 05/08/2017)
• May 10, 2017
• REPLY to Response re 65 Renewed MOTION to Compel Discovery filed by Peter W. Emmet. (Attachments: # 1 Exhibit 1) (Swindlehurst, Cara) (Entered: 05/10/2017)
• May 11, 2017
• ORDER REQUIRING EXPEDITED RESPONSE AND FOR SUBMISSION AND DETERMINATION OF MOTION [#75] WITHOUT ORAL HEARING. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 05/11/2017)
• May 15, 2017
• RESPONSE to 75 Emergency MOTION to Adjourn Facilitation Until After Motion to Compel Hearing filed by ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC. (Buster, James) (Entered: 05/15/2017)
• May 16, 2017
• ORDER GRANTING PLAINTIFF’S EMERGENCY MOTION TO ADJOURN FACILITATION UNTIL AFTER MOTION TO COMPEL HEARING [#75]. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 05/16/2017)
• May 17, 2017
• STATEMENT of Resolved and Unresolved Issues re 65 Renewed MOTION to Compel Discovery by Peter W. Emmet (Swindlehurst, Cara) (Entered: 05/17/2017)
• May 30, 2017
• Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 5/30/2017 re 65 Renewed MOTION to Compel Discovery filed by Peter W. Emmet. Disposition: Motion granted (Court Reporter: Digitally Recorded) (THal)
• May 30, 2017
• Order on Motion to Compel
• May 30, 2017
• Bench Order rendered at a hearing held on 5/30/2017 before Magistrate Judge Stephanie Dawkins Davis: Following a hearing held today on Plaintiff’s Motion to Compel [Dkt. 65], and the Court having also reviewed the filings of the parties and being otherwise advised in the premises thereof, for the reasons stated on the record, IT IS ORDERED that defendants produce outstanding documents responsive to plaintiff’s June 2, 2016 discovery requests pursuant to the terms agreed to by the parties in their Joint Statement of Resolved/Unresolved Issues [Dkt. 80] as listed in item nos. 1 through 3 in the “Resolved Issues” portion of that document within 21 days of entry of this order, or by June 20, 2017. Defendants’ failure to comply with this order may result in sanctions pursuant to Fed. R. Civ. P. 37(b)(2)(A)(i)-(vii). Review of this order is governed by Federal Rule of Civil Procedure 72 and Local Rule 72.1. (TEXT-ONLY, NO IMAGE ATTACHED) (THal) (Entered: 05/30/2017)
• Jun 5, 2017
• PROTECTIVE ORDER. Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 06/05/2017)
• Jun 15, 2017
• MOTION to Withdraw As Counsel by All Defendants. (Attachments: # 1 Exhibit Exhibit A) (Honigman, David) (Entered: 06/15/2017)
• Jun 27, 2017
• [STRICKEN]RESPONSE to Defendants’ Requests to Admit by Peter W. Emmet. (Swindlehurst, Cara) Modified on 6/28/2017 (DAll). (Entered: 06/27/2017)
• Jun 28, 2017
• NOTICE of Error directed to: Cara M. Swindlehurst re 84 Response (Free). Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DAll)
• Jun 28, 2017
• Error
• Jun 29, 2017
• RESPONSE to 83 MOTION to Withdraw As Counsel filed by Peter W. Emmet. (Swindlehurst, Cara) (Entered: 06/29/2017)
• Jul 6, 2017
• REPLY to Response re 83 MOTION to Withdraw As Counsel filed by ABC CORPORATIONS 1-10, D&G Green Enterprises, LLC, Nicholas Del Franco, Tom Del Franco, Homestead Hydro, Hydroponics House, LLC, John Doe’s 1-10, Mad Hatter Nutrients And Soils, NDF Enterprises, Organic America, Organic America Farms Of Amherst, LLC, Organic America Farms, LLC, Organic America Holdings, LLC, Organic America Of Fort Myers, LLC, Organic America Supply, Organic America Wholesale, LLC, John Osendorf, The Homestead Greenhouse Leasing Company, LLC. (Honigman, David) (Entered: 07/06/2017)
• Jul 12, 2017
• NOTICE OF HEARING on 83 MOTION to Withdraw As Counsel. Motion Hearing set for 7/31/2017 11:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 07/12/2017)
• Jul 27, 2017
• Set/Reset Deadlines as to 83 MOTION to Withdraw As Counsel. Motion Hearing reset for 8/1/2017 10:00 AM before District Judge Gershwin A. Drain (TBan)
• Aug 1, 2017
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 8/1/2017 re 83 MOTION to Withdraw As Counsel Disposition: Continued to 8/8/17 at 10:00 am. (Court Reporter: Merilyn Jones) (TBan)
• Aug 10, 2017
• ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL [#83], IMPOSING SANCTIONS AND SETTING DATES. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 08/10/2017)
• Aug 11, 2017
• CERTIFICATE OF SERVICE by All Defendants (Buster, James) (Entered: 08/11/2017)
• Aug 14, 2017
• NOTICE of Appearance by Bruce J. Lazar on behalf of All Defendants. (Lazar, Bruce) (Entered: 08/14/2017)
• Aug 14, 2017
• MOTION for Reconsideration of part of Court’s Order of August 10, 2017 by Martin Karo. (Karo, Martin) (Entered: 08/14/2017)
• Aug 15, 2017
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 8/15/2017. (Court Reporter: Merilyn Jones) (TBan)
• Aug 15, 2017
• SECOND AMENDED SCHEDULING ORDER: Final Pretrial Conference REset for 3/22/2008 10:00 AM before District Judge Gershwin A. Drain; Discovery due by 11/19/2017; Dispositive Motion Cut-off reset for 12/10/2017; Jury Trial reset for 4/30/2018 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TBan) (Entered: 08/15/2017)
• Aug 15, 2017
• ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT KAROS MOTION FOR RECONSIDERATION [#91]. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 08/15/2017)
• Aug 21, 2017
• MEMORANDUM of Compliance with Order of 15 August 2017 by Martin Karo (Attachments: # 1 Exhibit, # 2 Exhibit) (Karo, Martin) (Entered: 08/21/2017)
• Aug 25, 2017
• Attorney David M. Honigman is discontinued from receiving Notices of Electronic Filing. Reason: Withdrew from case. (Honigman, David)
• Aug 25, 2017
• Attorney James A. Buster is discontinued from receiving Notices of Electronic Filing. Reason: Withdrew from case. (Buster, James)
• Aug 28, 2017
• Attorney Gerald J. Gleeson, II is discontinued from receiving Notices of Electronic Filing. Reason: withdrew from case. (Gleeson, Gerald)
• Aug 28, 2017
• Attorney Jeffrey Alan Crapko is discontinued from receiving Notices of Electronic Filing. Reason: withdrew from case. (Crapko, Jeffrey)
• Aug 29, 2017
• ORDER GRANTING ADJOURNING FACILITATION. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 08/29/2017)
• Sep 26, 2017
• NOTICE TO APPEAR: Settlement Conference reset for 3/14/2018 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT. Confidential Settlement Statements are due by 02/28/2018. (THal) (Entered: 09/26/2017)
• Jan 25, 2018
• Set Deadlines/Hearings: Final Pretrial Conference set for 3/22/2018 at 10:00 AM before District Judge Gershwin A. Drain. (TMcg)
• Mar 12, 2018
• TEXT-ONLY NOTICE: Settlement Conference on 3/14/18 is Cancelled at the request of and with consent of all parties. The Court has been advised that the parties have reached a settlement. (THal)
• Mar 14, 2018
• TEXT-ONLY NOTICE: Final Pretrial Conference Hearing on 3/22/18 is Cancelled. (TBan)
• Apr 23, 2018
• NOTICE TO APPEAR: Status Conference set for 5/2/2018 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 04/23/2018)
• May 2, 2018
• Minute Entry for proceedings before District Judge Gershwin A. Drain: Status Conference held on 5/2/2018. (Court Reporter: Merilyn Jones) (TBan)
• May 2, 2018
• NOTICE TO APPEAR: Status Conference continued to 5/18/2018 10:00 AM before District Judge Gershwin A. Drain. (TBan) (Entered: 05/02/2018)
• May 21, 2018
• STIPULATED ORDER DISMISSING CASE Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 05/21/2018)