CLOSED

U.S. District Court
Southern District of Ohio (Cincinnati)
CIVIL DOCKET FOR CASE #: 1:04-cv-00187-SJD


Society Of Lloyds v. Eynon et al
Assigned to: Susan J. Dlott
Demand: $75,000
Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 03/08/2004
Date Terminated: 06/30/2006
Jury Demand: None
Nature of Suit: 150 Contract: Recovery/Enforcement
Jurisdiction: Diversity
Plaintiff
Society Of Lloyds represented byAnthony L Osterlund
Vorys Sater Seymour & Pease - 1
Atrium Two
221 E Fourth Street
Suite 2100
Cincinnati, OH 45201-0236
513-723-4000
Email: alosterlund@vssp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daniel Jerome Buckley
Vorys Sater Seymour & Pease - 1
Atrium Two
221 E Fourth Street
Suite 2000
Cincinnati, OH 45201-0236
513-723-4000
Email: djbuckley@vssp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Stewart Cupps
Vorys Sater Seymour & Pease - 2
PO Box 1008
52 E Gay Street
Columbus, OH 43216-1008
614-464-6318
Fax: 614-719-4677
Email: dscupps@vssp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terry Morrow Miller
Vorys Sater Seymour & Pease - 2
PO Box 1008
52 E Gay Street
Columbus, OH 43216-1008
614-464-6400
Fax: (614) 464-5645
Email: tmmiller@vssp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Ernest Alfred Eynon
TERMINATED: 04/12/2006
Defendant
John Richard Fleck
Defendant
Harry Collins Roach
TERMINATED: 02/28/2006
represented byBrian Edward McNair
The 409 Group
5155 Financial Way
Mason, OH 45040
513-229-6976
Email: bmcnair@409group.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Colleen Marie Blandford
Kohnen & Patton, LLP
PNC Center
201 East Fifth Street
Suite 800
Cincinnati, OH 45202
513-381-0656
Fax: 513-381-0656
Email: cblandford@kplaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kimberly A Pramaggiore
Kohnen & Patton
PNC Center
201 East Fifth Street
Suite 800
Cincinnati, OH 45202
513-381-0656
Email: kpramaggiore@kplaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Robert B Sumerel
TERMINATED: 02/28/2006
represented byAnn K Schooley
Graydon Head & Ritchey - 1
Fifth Third Center
511 Walnut Street
Suite 1900
Cincinnati, OH 45202
513-629-2712
Fax: 513-629-2750
Email: aschooley@graydon.com
ATTORNEY TO BE NOTICED

John Byron Pinney
Graydon Head & Ritchey - 1
511 Walnut Street
Suite 1900
Cincinnati, OH 45202
513-629-2730
Fax: 513-621-6464
Email: jpinney@graydon.com
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

03/08/20041COMPLAINT against all defendants (Filing fee $150. Receipt No. 422193), filed by Plaintiff Society Of Lloyds, Defendants Ernest Alfred Eynon, John Richard Fleck, Harry Collins Roach, Robert B Sumerel. 48RF (Attachments: # 1 Exhibit A-E# 2 Civil Cover Sheet # 3 Filing Fee Receipt)(kej, ) (Entered: 03/09/2004)
03/10/20042NOTICE OF PLACEMENT IN CM/ECF DOCKETING SYSTEM (ph, ) (Entered: 03/10/2004)
03/11/20043ORDER: Preliminary Pretrial Conference scheduled for 6/25/04 at 10:30 a.m. Counsel shall file a Joint Litigation Plan by 6/4/04. Signed by Judge Herman J. Weber on 3/11/04. (do, ) (Entered: 03/11/2004)
04/13/20044ORDER REFERRING CASE to Magistrate Judge Timothy S Hogan. Preliminary Pretrial Conference scheduled for 6/25/04 is Cancelled. Signed by Judge Herman J. Weber on 4/13/04. (do, ) (Entered: 04/13/2004)
05/10/20045 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Insufficiency of Service of Process and Misjoinder of Multiple Parties by Defendant Robert B Sumerel. Responses due by 6/3/2004 (Attachments: # 1 Affidavit Declaration of Robert B. Sumerel)(Pinney, John) (Entered: 05/10/2004)
05/24/20046Summons Issued as to Ernest Alfred Eynon, John Richard Fleck, Harry Collins Roach, Robert B Sumerel. (ph, ) (Entered: 05/25/2004)
05/28/20047SUMMONS Returned Executed: Robert B Sumerel served on 5/24/2004, answer due 6/14/2004. (ph, ) (Entered: 06/01/2004)
05/28/20048SUMMONS Returned Executed: Ernest Alfred Eynon served on 5/24/2004, answer due 6/14/2004. (ph, ) (Entered: 06/01/2004)
05/28/20049Summons Returned Unexecuted as to John Richard Fleck. (ph, ) (Entered: 06/01/2004)
05/28/200410Summons Returned Unexecuted as to Harry Collins Roach. (ph, ) (Entered: 06/01/2004)
06/03/200411RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Insufficiency of Service of Process and Misjoinder of Multiple Parties Memorandum of Plaintiff The Society of Lloyd's in Opposition to Defendant Robert B. Sumerel's Motion to Dismiss filed by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 06/03/2004)
06/04/2004 Remark: Per t/c with counsel for Pltf (atty Miller) - Requirement to file a Joint Litigation Plan by 6/4/04 is Vacated. (do, ) (Entered: 06/04/2004)
06/07/200412ORDER REASSIGNING CASE. Case reassigned to Judge Sandra S Beckwith for all further proceedings. Judge Herman J. Weber no longer assigned to case. Signed by Judge Herman J. Weber on 6/7/04. (mb) (Entered: 06/07/2004)
06/07/200413ORDER vacating J. Weber's previous order of 3/1/04 (doc. 3). Signed by Judge Sandra S Beckwith on 6/7/04. (mb) (Entered: 06/07/2004)
06/14/200414STIPULATION re 11 Extension of Time to File Reply to Plaintiff's Response to Motion to Dismiss of Defendant Sumerel by Defendant Robert B Sumerel. (Schooley, Ann) (Entered: 06/14/2004)
06/16/2004 NOTATION ORDER granting 14 Stipulation filed by Robert B Sumerel for extension until 6/24/2004 to file reply memorandum in support of his motion to dismiss (tt, ) (Entered: 06/16/2004)
06/24/200415STIPULATION re 1 Complaint, Extending Time to Move, Answer or Otherwise Plead by Defendant Harry Collins Roach. (Mayer, Kimberly) (Entered: 06/24/2004)
06/24/200416REPLY to Response to Motion re 5 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Insufficiency of Service of Process and Misjoinder of Multiple Parties filed by Defendant Robert B Sumerel. (Attachments: # 1 Affidavit Second Declaration of Robert B. Sumerel, with Writ of Summons and Points of Claim Attached)(Pinney, John) (Entered: 06/24/2004)
06/25/200417SUMMONS Returned Executed: Harry Collins Roach served on 6/3/2004, answer due 6/23/2004. (tt, ) (Entered: 06/28/2004)
07/01/200418 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Harry Collins Roach. Responses due by 7/26/2004 (Mayer, Kimberly) (Entered: 07/01/2004)
07/01/200419AFFIDAVIT re 18 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Harry Collins Roach. (Mayer, Kimberly) (Entered: 07/01/2004)
07/19/200420RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 07/19/2004)
07/30/200421RESPONSE in Support re 18 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Defendant Harry Collins Roach. (Mayer, Kimberly) (Entered: 07/30/2004)
10/20/200422ORDER OF RECUSAL. Judge Sandra S Beckwith recused. The clerk is to reassign case to another district judge. Signed by Judge Sandra S Beckwith on 10/20/04. (mb) (Entered: 10/20/2004)
10/22/200423NOTICE by Clerk: Case Reassigned to Judge Michael H. Watson. (ph, ) (Entered: 10/22/2004)
01/31/2005 Dispositive motions 5 & 18 no longer referred to Magistrate Hogan since case now assigned to Judge Watson. (art, ) (Entered: 01/31/2005)
02/28/200624ORDER granting Robert B. Sumerels' 5 Motion to Dismiss for Lack of Jurisdiction, and granting Harr Collins Roach's 18 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Michael H. Watson on 2/28/2006. (ba, ) (Entered: 02/28/2006)
03/01/200625 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction, by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 03/01/2006)
03/21/200626RESPONSE in Opposition re 25 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendant Harry Collins Roach. (Pramaggiore, Kimberly) (Entered: 03/21/2006)
03/24/200627RESPONSE in Support re 25 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 03/24/2006)
03/27/200628RESPONSE to Motion re 25 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendant Robert B Sumerel. (Pinney, John) (Entered: 03/27/2006)
03/28/2006 {FORMER DOCUMENT 29]NOTICE by Plaintiff Society Of Lloyds re 24 Order on Motion to Dismiss/Lack of Jurisdiction, of Appeal (Miller, Terry) Modified on 3/29/2006-PDF removed and counsel advised to refile as a Notice of Appeal (ph, ). (Entered: 03/28/2006)
03/28/2006 {FORMER DOCUMENT 30] NOTICE by Plaintiff Society Of Lloyds re 24 Order on Motion to Dismiss/Lack of Jurisdiction, of Appeal (Miller, Terry) Modified on 3/29/2006 -PDF removed by Clerk and counsel advised to refile ass a Notice Of Appeal(ph, ). (Entered: 03/28/2006)
03/29/2006 Notice of Correction Former documents 29 & 30 were filed incorrectly as Notice (Other). PDF's were removed by Clerk and counsel advised to refile immediately as a Notice of Appeal (ph, ) (Entered: 03/29/2006)
03/29/200629NOTICE OF APPEAL as to 24 Order on Motion to Dismiss/Lack of Jurisdiction, by Plaintiff Society Of Lloyds. Filing fee $ 255. (Miller, Terry) Additional attachment#(1)Filing Fee Receipt added on 3/30/2006 (ph, ). Modified on 3/30/2006 (ph, ). (Entered: 03/29/2006)
03/29/200630NOTICE OF APPEAL as to 24 Order on Motion to Dismiss/Lack of Jurisdiction, by Plaintiff Society Of Lloyds. Filing fee $ 255. (Miller, Terry) Additional attachment#(1)Filing Fee Receipt added on 3/30/2006 (ph, ). Modified on 3/30/2006 (ph, ). (Entered: 03/29/2006)
03/29/2006 USCA Appeal Fees received $ 510 receipt number 100 430081 re 30 Notice of Appeal filed by Society Of Lloyds,, 29 Notice of Appeal filed by Society Of Lloyds, (ph, ) (Entered: 03/30/2006)
03/30/2006 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 30 Notice of Appeal, 29 Notice of Appeal (ph, ) (Entered: 03/30/2006)
04/11/200631 MOTION for Entry of Default as to Defendant Ernest Eynon by Plaintiff Society Of Lloyds. (Attachments: # 1 Affidavit in Support of Motion for Entry of Default# 2 Entry of Default)(Osterlund, Anthony) (Entered: 04/11/2006)
04/12/200632Clerk's ENTRY OF DEFAULT as to Defendant Ernest Alfred Eynon (ba, ) (Entered: 04/12/2006)
04/12/200633CLERK'S JUDGMENT in favor of Plaintiff against Defendant Ernest Alfred Eynon filed concurrently with the Clerk's Entry of Default.(ba, ) (Entered: 04/12/2006)
04/26/200634TRANSCRIPT REQUEST by Plaintiff Society Of Lloyds re 29 Notice of Appeal (Miller, Terry) (Entered: 04/26/2006)
04/26/200635TRANSCRIPT REQUEST by Plaintiff Society Of Lloyds re 30 Notice of Appeal (Miller, Terry) (Entered: 04/26/2006)
05/12/200636ORDER granting 25 Motion for Reconsideration; Plaintiff has 10 days from the filing of this order to notify the Court of the proper venue for its claims agains Defendants Roach and Sumerel. Signed by Judge Michael H. Watson on 5/12/2006. (ba, ) (Entered: 05/12/2006)
05/12/2006 USCA Case Number 06-3643 for 29 Notice of Appeal filed by Society Of Lloyds. (tt, ) (Entered: 05/12/2006)
05/12/2006 USCA Case Number 06-3632 for 30 Notice of Appeal filed by Society Of Lloyds. (tt, ) (Entered: 05/12/2006)
05/12/200637Letter from United States Court of Appeals for the Sixth Circuit. Case No. 06-3632 will be held in abeyance until an order disposing of a motion is filed and jursidiction has transferred to the court of appeals. (eh, ) Modified on 5/16/2006 to add Court of Appeals case number (eh, ). (Entered: 05/15/2006)
05/15/200638Letter from United States Court of Appeals for the Sixth Circuit. Case No. 06-3643 will be held in abayence until an order disposing of a motion is filed and jurisdiction has transferred to the court of appeals (eh, ) (Entered: 05/16/2006)
05/19/200639NOTICE by Plaintiff Society Of Lloyds of Proper Venue (Miller, Terry) (Entered: 05/19/2006)
05/19/200640Joint MOTION to Change Venue (Transfer as to Defendant Robert B. Sumerel) by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 05/19/2006)
05/19/200641Joint MOTION to Change Venue (Transfer [Defendant Harry C. Roach]) by Plaintiff Society Of Lloyds. (Miller, Terry) (Entered: 05/19/2006)
05/31/200642ORDER of USCA as to 30 Notice of Appeal filed by Society Of Lloyds,, 29 Notice of Appeal filed by Society Of Lloyds, (mvl, ) (Entered: 05/31/2006)
06/09/200643ORDER by Judge Michael H. Watson Transferring Case to the Clerk for reassignment. (mvl, ) (Entered: 06/12/2006)
06/09/2006 Judge Susan J. Dlott added. Judge Michael H. Watson no longer assigned to case. (mvl, ) (Entered: 06/12/2006)
06/09/200644NOTICE by Clerk this case has been reassigned to the docket of the Honorable Susan J. Dlott. (mvl, ) (Entered: 06/12/2006)
06/30/200645ORDER granting 40 and 41 Joint Motions to Transfer. The Court orders the following: 1. The Clerk is hereby directed to transfer Plaintiff Lloyd's claims against Defendant Robert B. Sumerel to the United States District Court for the Middle District of Florida at Fort Myers, Florida. 2. Defendant Sumerel shall have until August 21, 2006 to answer, move, otherwise plead to the Complaint as it relates to Lloyd's claims against him. 3. The Clerk is hereby directed to transfer Plaintiff Lloyd's claims against Defendant Harry C. Roach to the United States District Court for the Northern District of Alabama at Birmingham, Alabama. 4. Defendant Roach shall have until September 18, 2006 to answer, move, or otherwise plead to the Complaint as it relates to Lloyd's claims against him. 5. The Court noting that defendant John Richard Fleck has been deceased since 2001, this case is hereby TERMINATED from the docket of this Court. Signed by Judge Susan J. Dlott on 6/30/06. (scot, ) (Entered: 06/30/2006)
06/30/2006 Case transferred to Middle District of Florida and Northern District of Alabama pursuant to 45 Order. Original file, certified copy of transfer order, and docket sheet sent. (scot, ) (Entered: 06/30/2006)



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