Case: 1:17-cv-02521-DAP As of: 01/10/2018 07:39 PM EST 1 of 4

Baughman,Cat08
U.S. District Court
Northern District of Ohio (Cleveland)
CIVIL DOCKET FOR CASE #: 1:17−cv−02521−DAP

W. 6 Restaurant Group Ltd., et al., v. Bengtson et al Date Filed: 12/04/2017

Assigned to: Judge Dan Aaron Polster Jury Demand: Defendant
Demand: $175,000 Nature of Suit: 320 Assault Libel &
Case in other court: Cuyahoga County Court of Common Pleas, Slander
CV 17889784 Jurisdiction: Diversity
Cause: 28:1332 Diversity−(Citizenship)

Date Filed # Docket Text

01/10/2018 25 Brief in Support of Sanctions for Violation of Partial Settlement Agreement filed by
All Plaintiffs. Related document(s) 18 . (Attachments: # 1 Exhibit Threats, # 2 Exhibit
List of Breaches, # 3 Exhibit YouTube Comments) (Congeni, Christopher) (Entered:
01/10/2018)
01/08/2018 24 Brief in Response to 18 Order Setting Contempt Hearing filed by Richard Bengtson.
(Attachments: # 1 Exhibit − 1 − Relevant E−mail Chains, # 2 Exhibit − 2 −
Spreadsheet Matching the Language in the Vlog, # 3 Exhibit − 3− Full Transcript of
Vlog) (Cuppage, David) (Entered: 01/08/2018)
01/04/2018 23 Original Summons issued to counsel for service upon Richard Bengtson, Alissa Violet
Butler. (G,TH) (Entered: 01/04/2018)
12/29/2017 Order [non−document] granting Defendant Bengtson's Motion to continue contempt
hearing (Related Doc # 22 ). The Contempt Hearing is reset for 1/11/2018 at 09:00
AM in Courtroom 18B before Judge Dan Aaron Polster. The Defendant is reminded
remains subject to the Court's December 21 18 Order. Approved by Judge Dan Aaron
Polster on 12/29/2017.(K,K) (Entered: 12/29/2017)
12/29/2017 22 Motion to continue Contempt Hearing filed by Defendant Richard Bengtson.
(Attachments: # 1 Exhibit − A − Doctor's Instructions dated December 28,
2017)(Cuppage, David) (Entered: 12/29/2017)
12/29/2017 21 FILING ERROR, Attorney to refile Motion to continue Contempt Hearing filed by
Defendant Richard Bengtson. (Cuppage, David) Modified as error on 12/29/2017
(P,WL). (Entered: 12/29/2017)
12/28/2017 20 Praecipe for issuance of Original Summons filed by Richie Madison, W. 6 Restaurant
Group Ltd.,. (Attachments: # 1 Summons to Richard Bengtson, # 2 Summons to Alissa
Butler)(Fuller, Adam) (Entered: 12/28/2017)
12/22/2017 19 Transcript of Telephone Conference held on December 20th, 2017 before Judge Dan
A. Polster. To obtain a bound copy of this transcript please contact court reporter
George J. Staiduhar at (216) 357−7128. [16 pages] Transcript may be viewed at the
court public terminal or purchased through the Court Reporter/Transcriber before the
deadline for Release of Transcript Restriction. After that date it may be obtained
through PACER. Parties requesting that privacy information be redacted must file a
notice of intent to redact with the court by 12/29/2017. Redaction Request due
1/12/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript
Restriction set for 3/22/2018. Related document(s) 16 . (S,G) (Entered: 12/22/2017)
12/21/2017 18 Minutes of Telephone Conference and Scheduling Order. On December 20, 2017,
Plaintiffs counsel Adam Fuller contacted a member of the Court's staff to inquire what
to file arising from Defendants' alleged violation of their agreement via a YouTube
video. The Court scheduled a teleconference for counsel and clients. During the
teleconference, Robert George stated that he had been forced to close the Barley
House the previous night due to harassment and threats of violence arising from
Defendants' latest video. The Court noted that, after watching 8 minutes of the video, it
was clear that Defendant Bengston had violated the parties' December 13 agreement.
The Court ordered Defendant Bengston to take the video down immediately, and
prohibited him from saying anything further until the hearing on any media platform
 Case: 1:17-cv-02521-DAP As of: 01/10/2018 07:39 PM EST 2 of 4

about the Barley House, either directly or indirectly. Accordingly, the Court hereby
schedules a formal contempt hearing in Room 18B of the Carl B. Stokes United States
Court House beginning at 9:00 a.m. on Wednesday, January 3, 2018. With the
exception of Defendant Butler who does not appear to have engaged in conduct
violative of the parties' agreement, counsel and clients must attend the hearing in
person. Signed by Judge Dan Aaron Polster on 12/21/2017. (K,K) (Entered:
12/21/2017)
12/21/2017 Order [non−document] denying Motion for leave to file under seal (Related Doc # 17
). Entered on behalf of Judge Dan Aaron Polster on 12/21/2017.(K,K) (Entered:
12/21/2017)
12/21/2017 17 Motion for leave to File Under Seal filed by Richie Madison, W. 6 Restaurant Group
Ltd.,. (Attachments: # 1 Proposed Order) (Congeni, Christopher) (Entered:
12/21/2017)
12/21/2017 16 expedited Non−Appeal Transcript Order Form for proceedings held on December 20,
2017 before Judge Polster, Court Reporter: George Staiduhar. Requested completion
date: December 21, 2017 filed by Richard Bengtson, Alissa Violet Butler. (Glickman,
Robert) (Entered: 12/21/2017)
12/20/2017 Notice [non−document] of Telephone Conference set for 12/20/2017 at 02:15 PM
before Judge Dan Aaron Polster. (K,K) (Entered: 12/20/2017)
12/14/2017 15 Notice of Partial Settlement filed by All Plaintiffs. (Congeni, Christopher) (Entered:
12/14/2017)
12/13/2017 Minutes of proceedings [non−document] before Judge Dan Aaron Polster. Motion
Hearing to address 3 Motion to Dissolve Temporary Restraining Order held on
12/13/2017. Attorneys Christopher Congeni, Adam Fuller, Chad Rothschild, Jeffrey
Miller (Plaintiff), David Cuppage, Robert Clickman, and Scott Sholder (Defendant),
Robert George (Plaintiff representative), Richard Bengtson, and Alissa Butler
(Defendants) present. The parties will enter into a private agreement to be presented to
the Court no later than 12:00 p.m. on Thursday, December 14, 2017 which will
obviate the further need for injunctive relief. The Court extended the Temporary
Restraining Order until midnight on December 14, 2017, or until the agreement is
executed. A Telephone Conference is set for 1/10/2018 at 03:00 PM before Judge Dan
Aaron Polster to discuss further action in this case. (Court Reporter: George
Staiduhar.) Time: 30 minutes. Related document 3 . (K,K) (Entered: 12/13/2017)
12/12/2017 14 Opinion and Order For the reasons stated in the Order, the Court denies Plaintiffs' 5
Motion to Remand. Should discovery show that Defendant Butler still lives in Ohio,
however, the Court will remand the case. Signed by Judge Dan Aaron Polster on
12/12/2017. (K,K) (Entered: 12/12/2017)
12/11/2017 Minutes of proceedings [non−document] On Dec. 11, 2017, the Court held a
scheduled teleconference attended by Plaintiff representative Robert George, Plaintiff
Richie Madison, Plaintiffs' counsel Christopher B. Congeni, Adam D. Fuller, Chad R.
Rothschild, and Jeffrey C. Miller, Defendants Richard Bengston and Alissa Violet
Butler, and Defendants' counsel David M. Cuppage, Robert T. Glickman, Scott J.
Sholder, and Josh Sessler. The Court and the parties discussed the status of the case.
The Court scheduled a hearing on the Temporary Restraining Order for Dec. 13, 2017
at 9AM. All parties are to attend in person. (Court Reporter: n/a.) Time: 40 minutes.
(K,K) (Entered: 12/11/2017)
12/08/2017 Order [non−document] Plaintiff's 7 Motion to strike Declaration of Scott J. Sholder
in Support of Motion to Dissolve Temporary Restraining Order is termed as moot due
to Defendant filing a 10 Notice of Withdrawal of Declaration of Scott J. Shoulder.
Entered on behalf Judge Dan Aaron Polster on 12/8/2017. (K,K) (Entered: 12/08/2017)
12/08/2017 13 Brief in Opposition to Defendants' 3 Emergency Motion to Dissolve Temporary
Restraining Order filed by All Plaintiffs. (Congeni, Christopher) Modified text on
12/20/2017 (D,TM). (Entered: 12/08/2017)
12/07/2017 12 Opposition to 5 Motion to remand to State Court filed by Richard Bengtson, Alissa
Violet Butler. (Attachments: # 1 Exhibit − 1 − Declaration of Alissa Violet Butler in
Support of Motion to Dissolve Temporary Restraining Order and In Opposition to the
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Plaintiffs' Motion to Remand to State Court)(Cuppage, David) Modified on 12/7/2017

(G,CA). s/ by Robert T. Glickman. (Entered: 12/07/2017)
12/07/2017 11 Notice of Filing Declaration of Michael Gordon in Support of 3 Motion to Dissolve
Temporary Restraining Order filed by Richard Bengtson, Alissa Violet Butler.
(Attachments: # 1 Exhibit − 1 − Declaration of Michael Gordon)(Cuppage, David).
Modified on 12/7/2017 (G,CA). s/ by Robert T. Glickman. (Entered: 12/07/2017)
12/07/2017 10 Defendants' Notice of Withdrawal of Declaration of Scott J. Sholder filed by Richard
Bengtson, Alissa Violet Butler. (Cuppage, David) (Entered: 12/07/2017)
12/07/2017 Minutes of proceedings [non−document] At the Court's direction, a member of the
Court's staff held a brief teleconference on 12/7/2017 with Attorneys Congeni and
Fuller for Plaintiff and Attorney Glickman for Defendants to address Defendants'
Motion to Expedite Hearing on Emergency Motion to Dissolve Temporary Restraining
Order. (Doc #: 8 .) The parties were directed to refrain from posting anything on social
media that relates to this case pending Monday's teleconference. Accordingly, the
Motion is denied as moot. (Court Reporter: n/a.) Time: 15 minutes. (K,K) (Entered:
12/07/2017)
12/06/2017 Order [non−document] The Court hereby directs Defendants to file a response to
Plaintiffs' 7 Motion to strike Declaration of Scott J. Sholder no later than 12:00 p.m.
on Friday, December 8, 2017. Entered on behalf of Judge Dan Aaron Polster on
12/6/2017. (K,K) (Entered: 12/06/2017)
12/06/2017 9 Response to 8 Motion to Expedite Hearing on Emergency Motion to Dissolve
Temporary Restraining Order filed by All Plaintiffs. (Congeni, Christopher) (Entered:
12/06/2017)
12/06/2017 8 Motion to Expedite Hearing on 3 Emergency Motion to Dissolve Temporary
Restraining Order filed by Richard Bengtson, Alissa Violet Butler. (Cuppage, David).
s/ by Robert T. Glickman Modified text on 12/7/2017 (G,CA). (Entered: 12/06/2017)
12/06/2017 7 Motion to strike Declaration of Scott J. Sholder in Support of Motion to Dissolve
Temporary Restraining Order filed by Richie Madison, W. 6 Restaurant Group Ltd.
(Congeni, Christopher). Related document 6 . (Entered: 12/06/2017)
12/05/2017 Order [non−document] granting Motion for appearance pro hac vice by attorney Scott
J. Sholder for Richard Bengtson and Alissa Violet Butler. Local Rule 5.1(c) requires
that attorneys register for CM/ECF and file and receive all documents electronically.
The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.
(Related Doc # 4 ) Approved by Judge Dan Aaron Polster on 12/5/2017.(K,K)
(Entered: 12/05/2017)
12/05/2017 6 Withdrawn − see ECF 10 . Unsigned Declaration of Scott J. Sholder in Support of 3
Motion to Dissolve Temporary Restraining Order filed by All Defendants.
(Attachments: # 1 Exh. 1 − Letter from Fullscreen, dated 12.4.17, # 2 Exh. 2 − screen
captures of sponsored social media posts)(Cuppage, David) Modified text 12/8/2017
(K,K). (Entered: 12/05/2017)
12/05/2017 Order [non−document] The Court hereby directs Defendants to file a response to the
Motion to Remand (Doc #: 5 ) and Plaintiffs to file a response to the Emergency
Motion to Dissolve TRO (Doc #: 3 ) no later than 12:00 noon on Friday, December 8,
2017. The Court will hold a call−in teleconference in this matter beginning at 1:30
p.m. Eastern Time on Monday, December 11, 2017. Counsel and clients must
participate in this teleconference. The Court will email call−in instructions to
counsel separately. Entered on behalf of Judge Dan Aaron Polster on 12/5/2017. (K,K)
(Entered: 12/05/2017)
12/05/2017 5 Motion to remand to State Court with Memorandum in Support filed by Richie
Madison, W. 6 Restaurant Group Ltd. (Attachments: # 1 Exhibit 1 LexisNexis
Comprehensive Public Records Report)(Miller, Jeffrey) Modified text on 12/7/2017
(G,CA). (Entered: 12/05/2017)
12/05/2017 4 Motion for attorney Scott J. Sholder to Appear Pro Hac Vice. Filing fee $ 120, receipt
number 0647−8445608, filed by Richard Bengtson, Alissa Violet Butler.
(Attachments: # 1 Exhibit A − Affidavit)(Glickman, Robert) (Entered: 12/05/2017)
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12/04/2017 3 Emergency Motion to Dissolve Temporary Restraining Order with Memorandum in
Support filed by Richard Bengtson, Alissa Violet Butler. (Attachments: # 1 Exhibit 1 −
Temporary Restraining Order, # 2 Exhibit 2 − Text Messages)(Cuppage, David)
Modified text on 12/7/2017. s/ by Robert T. Glickman (G,CA). (Entered: 12/04/2017)
12/04/2017 2 Magistrate Consent Form issued. (W,Jo) (Entered: 12/04/2017)
12/04/2017 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a
referral, case will be assigned to Magistrate Judge William H. Baughman, Jr.. (W,Jo)
(Entered: 12/04/2017)
12/04/2017 Judge Dan Aaron Polster assigned to case. (W,Jo) (Entered: 12/04/2017)
12/04/2017 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV
17 889784 with jury demand, Filing fee paid $ 400, receipt number 0647−8443804..
Filed by Alissa Violet Butler, Richard Bengtson. (Attachments: # 1 Civil Cover Sheet,
# 2 Exhibit A − Summons and Complaint in the State Court Lawsuit) (Cuppage,
David) (Entered: 12/04/2017)