| December 13, 2021 | Filing 15 Acknowledgement of receipt of Order of Remand received from Cuyahoga County Probate Court on November 8, 2021. (M,CE) |
| October 25, 2021 | Filing 14 Certified Copy of Order of Remand and docket sheet mailed to Cuyahoga County Court of Common Pleas Probation Division with acknowledgement of receipt enclosed. (K,K) |
| October 25, 2021 |  Filing 13 Order of Remand For the reasons stated in the Order, the Court directs the Clerk of Court to REMAND the above captioned cases to the Cuyahoga County Court of Common Pleas, Probate Division, from where it was removed. Signed by Judge Dan Aaron Polster on 10/25/2021. (K,K) |
| October 19, 2021 | Filing 12 Notice of Withdrawal of Amended Notice of Deposition of Terrence P. Fergus filed by Harlan Thomas Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer, Therese Moore Hummer, Michael Mears. Related document(s)(30 in 1:21-cv-01076-DAP, 11 in 1:21-cv-01592-DAP).Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(Buckley, Brent) |
| October 7, 2021 | Filing 11 Amended Notice to take Deposition of Terrence P. Fergus on October 21, 2021 filed by Harlan Thomas Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer, Therese Moore Hummer, Michael Mears. Related document(s)( #9 in 1:21-cv-01592-DAP), ( #10 in 1:21-cv-01592-DAP).Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(Buckley, Brent) |
| October 6, 2021 | Filing 10 Marginal Order approving stipulated extension of time. The parties agree to conduct the deposition of Terrence Fergus on 10/21/2021. The parties further stipulate and agree that the Court shall remand both cases to Cuyahoga County Probate Court by October 25, 2021. ( 28 in 1:21-cv-01076-DAP, #9 in 1:21-cv-01592-DAP) Signed by Judge Dan Aaron Polster on 10/6/2021. Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(K,K) |
| October 6, 2021 | Filing 9 Proposed Stipulation for Extension of Time filed by Terrance P. Fergus. Related document(s)(4 in 1:21-cv-01592-DAP).Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(Quinlan, Michael) |
| October 1, 2021 | Filing 8 Notice to take Deposition of Terrence P. Fergus on October 15, 2021 filed by Harlan Thomas Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer, Therese Moore Hummer, Michael Mears. Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(Buckley, Brent) |
| September 22, 2021 | Minutes of proceedings [non-document] On September 22, 2021, the Court conducted a Zoom status conference attended by Plaintiffs, Therese Hummer, James Hummer, Harlan Hummer, and Peter Hummer; Plaintiffs' trustee, Michael Mears; Plaintiffs' counsel, David A. Kunselman, Deborah Michelson, Theodore Dunn, Brent Buckley, and Jay Faege; Defendant Terrence Fergus; Defendant's counsel, Michael Quinlan, Charles T. Brown, and Malek Khawam; and non-party, Jim Hummer. The Court addressed the parties' discovery dispute arising from the Court's August 18, 2021 Order 21 and clarified that the prior order directed both Mr. Terrence Fergus and Mr. Jim Hummer to produce trust-related documents to all parties no later than August 31, 2021 so that the parties may prepare for depositions. As of this conference, Mr. Jim Hummer has produced documents only to Plaintiffs' counsel and refused produce the documents to Mr. Terrence Fergus. The Court directed Mr. Terrence Fergus to review Mr. Jim Hummer's transfer log and determine which trust-related documents are necessary to prepare for Mr. Jim Hummer's deposition. Mr. Terrence Fergus is to provide Plaintiffs' counsel with a list of necessary documents no later than September 24, 2021 at 12 p.m. (noon). Plaintiffs' counsel is ordered to produce the identified documents to Defendant's counsel no later than September 29, 2021 at 12 p.m. (noon). Should the parties jointly determine that a protective order is necessary for the specified documents, the parties may jointly file a proposed agreed protective order in advance of the production deadline. (Court Reporter: n/a.) Time: 15 minutes. Associated Cases: 1:21-cv-01592-DAP, 1:21-cv-01076-DAP(K,K) |
| September 16, 2021 | Amended Order [non-document] Pursuant to Local Rule 37.1, the parties are directed to submit letters regarding their discovery dispute. Mr. Fergus's letter is due no later than 12 p.m. (noon) on September 17, 2021, and the Hummers' response letter is due no later than 12 p.m. (noon) on September 20, 2021. The letters are not to exceed two pages. The Court will hold a status conference on the discovery dispute on Wednesday, September 22, 2021, at 2 p.m. via Zoom. Clients and counsel are required to attend. Entered on behalf of Judge Dan Aaron Polster on 9/16/2021. Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(K,K) |
| September 15, 2021 | Order [non-document] Pursuant to Local Rule 37.1, the parties are directed to submit letters regarding their discovery dispute no later than 12 p.m. (noon) on September 20, 2021. The letters are not to exceed two pages. The Court will hold a status conference on the discovery dispute on Wednesday, September 22, 2021, at 2 p.m. via Zoom. Clients and counsel are required to attend. Entered on behalf of Judge Dan Aaron Polster on 9/15/2021. Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(K,K) |
| September 1, 2021 | Order [non-document] granting Plaintiffs' 24 Motion for extension of Responsive Pleading Deadline until November 1, 2021. (Related documents (24 in 1:21-cv-01076-DAP, 6 in 1:21-cv-01592-DAP) Approved by Judge Dan Aaron Polster on 9/1/2021.Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(K,K) |
| August 31, 2021 | Filing 7 Affidavit/Declaration of James J. Hummer in Compliance with Court's August 18, 2021 Minutes Order filed by Harlan Thomas Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer, Therese Moore Hummer, Michael Mears. Related document(s)(4 in 1:21-cv-01592-DAP, 21 in 1:21-cv-01076-DAP). (Buckley, Brent) |
| August 31, 2021 | Filing 6 Motion for extension of Responsive Pleading Deadline until November 1, 2021 filed by Harlan Thomas Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer, Therese Moore Hummer, Michael Mears. Related document(s)(21 in 1:21-cv-01076-DAP, 4 in 1:21-cv-01592-DAP). Associated Cases: 1:21-cv-01076-DAP, 1:21-cv-01592-DAP(Buckley, Brent) |
| August 31, 2021 | Filing 5 Affidavit/Declaration filed by Terrance P. Fergus. Related document(s)(21 in 1:21-cv-01076-DAP, 4 in 1:21-cv-01592-DAP). (Attachments: #1 Exhibit A - Executed File Transfer Log - January 27 2020)(Quinlan, Michael) |
| August 18, 2021 | Filing 4 Minutes Order On August 18, 2021, the Court held a Zoom CMC. The Court discussed the parties pending motions, Doc Nos. 10, 16, and the facts of the case. Defendant's Motion to Stay, Doc. No 16 , is moot due to the transferring of the Probate state case to federal court. At the parties' consent, due to concurrent proceedings existing in separate federal cases litigating similar facts and issues, Case No. 21-cv-1592 will be transferred to this Court and consolidated with this case, Case No. 21-cv-1076. By consent of the parties, no later than Friday, August 20, 2021, Terrance Fergus will be removed as trustee, and Michael Mears will be replaced as trustee. No releases or waivers are required. At the parties' consent, the Court will remand this case to Probate Court in sixty (60) days, by October 18, 2021. Nothing further was scheduled. Signed by Judge Dan Aaron Polster on 8/18/2021. (Court Reporter: n/a.) Time: 1 hour 30 minutes. Associated Cases: 1:21-cv-01592-DAP, 1:21-cv-01076-DAP(K,K) |
| August 18, 2021 | Filing 3 Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Dan Aaron Polster for all further proceedings. Signed by Judge Christopher A. Boyko on 8/18/2021. (K,K) (Additional attachment(s) added on 8/18/2021: #1 Corrected Order) (K,K). |
| August 18, 2021 | Judge Dan Aaron Polster assigned to case. Judge Christopher A. Boyko terminated. (M,MT) |
| August 17, 2021 | Filing 2 Magistrate Consent Form issued. (L,Ja) |
| August 17, 2021 | Judge Christopher A. Boyko assigned to case. (L,Ja) |
| August 17, 2021 | Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (L,Ja) |
| August 16, 2021 | Filing 1 Notice of Removal from Cuyahoga County Common Pleas, Probate Division, case number 2021ADV262728 Filing fee paid $ 402, receipt number AOHNDC-10985641. Filer has indicated that case may be related to pending civil action 2021CV01076. Filed by Michael Mears, Harlan Thomas Moore Hummer, Therese Moore Hummer, James Henry Moore Hummer, Peter James Moore Hummer. (Attachments: #1 Exhibit Complaint and Summonses, #2 Civil Cover Sheet) (Buckley, Brent) |
