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Photo of Muskingum Co

Court

Muskingum Co

Ohio

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Case Information

Filed 2024-07-22
Status Open
Type Ch Civil Other
Docket 82 entries

Parties

Plaintiff Ara, Inc.
Defendant United Candle Company, Llc|Engel, Abraham|Epstein, Reuven|Gertner, Meyer|Langer, Irving|Epstein, Ben
Photo of Hon. COTTRILL KELLY J

Judge

Hon. COTTRILL KELLY J

Muskingum County (OH)

Ohio

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Lawyers

Docket Entries

  1. NOTICE OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT MEYER GERTNER (ONLY) eFiled: 01/30/2026 03:04 PM Attorney: GARVINE, BRIAN M
  2. DEPOSIT ON NEW CIVIL CASE FILED. Receipt: 223349 Date: 07/22/2024
  3. CIVIL COMPLAINT WITH JURY ENDORSED FILED: COMPLAINT eFiling submission date: 07/22/2024 04:23 PM Attorney: GARVINE, BRIAN M Receipt: 223349 Date: 07/22/2024
  4. COPIES OF SUMMONS, COMPLAINT, AND THE FOLLOWING SENT BY CERTIFIED MAIL (n-DEF)SUMMON ON COMPLAINT Sent On: 07/23/2024 08:53:13
  5. CERTIFIED MAIL ISSUED Issue Date: 07/23/2024 Service: INITIAL SERVICE / CIVIL Method: CERTIFIED MAIL/CIVIL Cost Per: 0.0000 UNITED CANDLE COMPANY, LLC BUSINESS ADDRESS C/O STATUTORY AGENT, UNITED CANDLE PRODUCTS, LLC 102 N. SUNDALE ROAD NORWICH, OH 43767 Tracking Number: 941472669904220065761 ABRAHAM ENGEL HOME ADDRESS 197 VIOLA ROAD MONSEY, NY 10952 Tracking Number: 941472669904220065762 REUVEN EPSTEIN HOME ADDRESS 1544 EAST 15TH STREET BROOKLYN, NY 11230 Tracking Number: 941472669904220065763 MEYER GERTNER HOME ADDRESS 116 GROVE STREET, UNIT 211 MONSEY, NY 10952 Tracking Number: 941472669904220065764 IRVING LANGER PRIMARY ADDRESS 2215 NEWKIRK AVENUE BROOKLYN, NY 11226 Tracking Number: 941472669904220065765 IRVING LANGER HOME ADDRESS 1465A FLATBUSH AVENUE BROOKLYN, NY 11210 Tracking Number: 941472669904220065766 BEN EPSTEIN HOME ADDRESS 1455 EAST 15TH STREET BROOKLYN, NY 11230 Tracking Number: 941472669904220065767 BEN EPSTEIN BUSINESS ADDRESS 1209 LAKEWOOD ROAD TOMS RIVER, NJ 08753 Tracking Number: 941472669904220065768
  6. COPIES
  7. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON IRVING LANGER (2215 NEWKIRK AVENUE BROKLYN, NY 11226) MARKED: RETURN TO SENDER, INSUFFICIENT ADDRESS, UNABLE TO FORWARD ; ATTY NOTIFIED
  8. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON REUVEN EPSTEIN (1544 EAST 15TH STREET BROOKLYN, NY 11230) MARKED: RETURN TO SENDER, NOT DELIVERABLE AS ADDRESSED, UNABLE TO FORWARD ; ATTY NOTIFIED
  9. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. UNITED CANDLE COMPANY, LLC C/O STATUTORY AGENT UNITED CANDLE PRODUCTS, LLC
  10. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. BEN EPSTEIN
  11. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON ABRAHAM ENGEL (197 VIOLA ROAD MONSEY, NY 10952) MARKED: RETURN TO SENDER, UNCLAIMED ; ATTY NOTIFIED
  12. ANSWER OF DEFENDANT, BEMJAMIN EPSTEIN, AND CERTIFICATE OF SERVICE FILED. Attorney: PRO SE
  13. DEFENDANT, BEMJAMIN EPSTEIN'S MOTION FOR DISMISSAL & CERTIFICATE OF SERVICE FILED Attorney: GARVINE, BRIAN M
  14. REQUEST/MOTION FOR EXTENTION TO ANSWER BY DEFENDANT, UNITED CANDLE COMPANY LLC, & CERTIFICATE OF SERVICE FILED ISRAEL WAGSCHAL, MANAGER, UNITED CANDLE COMPANY LLC Attorney: PRO SE
  15. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON MEYER GERTNER (116 GROVE STREET, UNIT 211 MONSEY, NY 10952) MARKED: RETURN TO SENDER, ATTEMPTED-NOT KNOWN, UNABLE TO FORWARD ; ATTY NOTIFIED
  16. ENTRY FILED.MOTION FOR EXTENSION TO ANSWER FILED AUGUST 26, 2024, IS DENIED.
  17. ENTRY FILED. MOTION FOR DISMISSAL FILED AUGUST 26, 2024 IS DENIED.
  18. PLAINTIFF'S MOTION TO STRIKE REQUEST FOR EXTENSION TO ANSWER BY DEFENDANT UNITED CANDLE COMPANY, LLC eFiling submission date: 08/28/2024 01:51 PM Attorney: GARVINE, BRIAN M
  19. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED eFiling submission date: 09/10/2024 08:12 AM Attorney: GARVINE, BRIAN M
  20. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. BEN EPSTEIN
  21. INSTRUCTIONS FOR REGULAR MAIL SERVICE FILED. Attorney: GARVINE, BRIAN M
  22. SENT COPIES OF SUMMONS AND COMPLAINT TO MEYER GERTNER AT THE FOLLOWING ADDRESS: 116 GROVE STREET, UNIT 211 MONSEY, NY 10952 BY REG US MAIL.
  23. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON IRVING LANGER (1465A FLATBUSH AVENUE BROOKLYN, NY 11210) MARKED: RETURN TO SENDER, UNABLE TO FORWARD ; ATTY NOTIFIED
  24. INSTRUCTIONS FOR CERTIFIED MAIL SERVICE ON IRVING LANGER FILED eFiling submission date: 09/25/2024 11:33 AM Attorney: GARVINE, BRIAN M
  25. INSTRUCTIONS FOR SERVICE BY REGULAR MAIL ON ABRAHAM ENGEL FILED eFiling submission date: 09/25/2024 11:34 AM Attorney: GARVINE, BRIAN M
  26. SENT COPIES OF SUMMONS AND COMPLAINT TO ABRAHAM ENGEL AT THE FOLLOWING ADDRESS: 197 VIOLA ROAD, MONSEY, NY 10952 BY REG US MAIL.
  27. COPIES OF SUMMONS, COMPLAINT, AND THE FOLLOWING SENT BY CERTIFIED MAIL
  28. CERTIFIED MAIL ISSUED Issue Date: 09/25/2024 Service: MAILER ONLY - CIVIL Method: CERTIFIED MAIL/CIVIL Cost Per: 0.0000 IRVING LANGER SERVICE ADDRESS 1412-A FLATBUSH AVENUE BROOKLYN, NY 11210 Tracking Number: 941472669904220066132
  29. MOTION TO DISMISS & CERTIFICATE OF SERVICE FILED BY MEYER GERTNER Attorney: PRO SE
  30. PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION TO DISMISS FILED eFiling submission date: 10/23/2024 08:51 AM Attorney: GARVINE, BRIAN M
  31. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON IRVING LANGER (1465A FLATBUSH AVENUE BROOKLYN, NY 11210) MARKED: RETURN TO SENDER, NO SUCH NUMBER, UNABLE TO FORWARD ; ATTY NOTIFIED
  32. NOTICE OF FAILURE OF SERVICE BY ORDINARY MAIL ON ABRAHAM ENGEL (197 VIOLA ROAD MONSEY, NY 10952) MARKED: RETURN TO SENDER, INSUFFICIENT ADDRESS, UNABLE TO FORWARD ; ATTY NOTIFIED
  33. MOTION OF PLAINTIFF FOR APPOINTMENT OF SPECIAL PROCESS SERVER eFiling submission date: 11/21/2024 09:13 AM Attorney: GARVINE, BRIAN M
  34. ORDER GRANTING PLAINTIFF'S MOTION FOR SPECIAL PROCESS SERVER FILED. COPIES DISTRIBUTED.
  35. ORDER GRANTING PLAINTIFF'S MOTION FOR SPECIAL PROCESS SERVER FILED. ABC LEGAL SERVICES APPOINTED. COPIES DISTRIBUTED.
  36. INSTRUCTIONS FOR SERVICE BY CERTIFIED MAIL FILED eFiling submission date: 12/11/2024 12:55 PM Attorney: GARVINE, BRIAN M
  37. COPIES OF SUMMONS, COMPLAINT, AND THE FOLLOWING SENT BY CERTIFIED MAIL
  38. CERTIFIED MAIL ISSUED Issue Date: 12/12/2024 Service: MAILER ONLY - CIVIL Method: CERTIFIED MAIL/CIVIL Cost Per: 0.0000 REUVEN EPSTEIN HOME ADDRESS 2295 MAPLE MANOR COURT TOMS RIVER, NJ 08755 Tracking Number: 941472669904220066501
  39. REPLY & CERTIFICATE OF SERVICE FILED. SERVICE OF COMPLAINT eFiling submission date: 12/23/2024 08:25 AM Attorney: GARVINE, BRIAN M
  40. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. REUVEN EPSTEIN
  41. MITCHELL TROSTERMAN SERVED IRVING LANGER ON 1-1-25 BY LEAVING WITH JANE DOEAT 215 HARBORVIEW SOUTH, LAWRENCE, NASSAU COUNTY,NY 11559 NOTICE OF SERVICE eFiling submission date: 01/02/2025 02:09 PM Attorney: GARVINE, BRIAN M
  42. ANSWER OF DEFENDANT REUVEN EPSTEIN, AND CERTIFICATE OF SERVICE FILED.
  43. DEFENDANT, REUVEN EPSTEINS FIRST SET OF INTEROGATORIES REQUESTS FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSION PROPOUNDED UPON PLAINTIFF, A.R.A. INC.
  44. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED eFiling submission date: 02/25/2025 03:23 PM Attorney: GARVINE, BRIAN M
  45. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. eFiling submission date: 02/25/2025 03:27 PM Attorney: GARVINE, BRIAN M
  46. ENTRY FOR DEFAUT JUDGMENT FILED. JUDGMENT AGAINST DEFENDANT IRVING LANGER IN THE AMOUNT OF $222,860.40, PLUS STATUTORY INTEREST AND COSTS. COPIES TO ALL PARTIES.
  47. ENTRY FOR DEFAULT JUDGMENT FILED. JUDGMENT AGAINST DEFENDANT ABRAHAM ENGLE IN THE AMOUNT OF $222,860.40, PLUS STATUTORY INTEREST AND COSTS. COPIES TO ALL PARTIES.
  48. ENTRY FILED. IN CHAMBERS STATUS CONFERENCE SET FOR APRIL 21, 2025, AT 1:30 P.M.
  49. LETTER/ANSWER OF DEFENDANT, IRVING LANGER, AND CERTIFICATE OF SERVICE FILED. Attorney: PRO SE
  50. DEFENDANT, IRVING LANGER'S MOTION FOR DISMISSAL & CERTIFICATE OF SERVICE FILED Attorney: PRO SE
  51. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT IRVING LANGER'S MOTION TO DISMISS eFiling submission date: 03/17/2025 04:05 PM Attorney: GARVINE, BRIAN M
  52. ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT IRVING LANGER'S MOTION TO DISMISS FILED. PLAINTIFF HAS UNTIL MARCH 31, 2025 TO RESPOND TO DEFENDANT IRVING LANGER'S MOTION TO DISMISS.
  53. PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT IRVING LANGER'S MOTION FOR DISMISSAL eFiling submission date: 03/27/2025 10:14 AM Attorney: GARVINE, BRIAN M
  54. MOTION FOR CONTINUANCE AND MEMORANDUM FILED BY: BENJAMIN EPSTEIN (DEFENDANT) Attorney: PRO SE
  55. MOTION TO VACATE THE DEFAULT JUDGMENT AGAINST DEFENDANT IRVING LANGER & CERTIFICATE OF SERVICE FILED Attorney: ABRAMS, JAMES D
  56. ENTRY FILED. STATUS CONFERENCE SCHEDULED FOR APRIL 21, 2025, IS CONTINUED AND RESCHEDULED FOR MAY 12, 2025, AT 2:30 P.M.
  57. MISC NOTICE OF APPEARANCE eFiling submission date: 05/02/2025 11:25 AM Attorney: ABRAMS, JAMES D
  58. PLAINTIFF'S RESPONSE TO MOTION TO VACATE DEFAULT JUDGMENT AGAINST DEFENDANT IRVING LANGER eFiling submission date: 05/06/2025 03:06 PM Attorney: GARVINE, BRIAN M
  59. REPLY IN SUPPORT OF MOTION TO VACATE DEFAULT JUDGMENT AGAINST DEFENDATN IRVING LANGER eFiling submission date: 05/08/2025 04:15 PM Attorney: ABRAMS, JAMES D
  60. ENTRY FILED. PLAINTIFF'S MOTION FOR DEFAULT FILED SEPTEMBER 10, 2024, IS GRANTED. COPIES TO COUNSEL OF RECORD
  61. ENTRY FILED. MOTION TO VACATE DEFAULT JUDGMENT AGAINST DEFENDANT, IRVING LANGER IS GRANTED. COPIES TO COUNSEL OF RECORD.
  62. PRE-TRIAL ORDER FILED. 1) ALL DISCOVERY TO BE COMPLETED NOT LATER THAN OCTOBER 31, 2025 2) FILING OF ALL MOTIONS SHALL BE NOT LATER THAN NOVEMBER 3, 2025 3) FINAL PRE-TRIAL CONFERENCE IN CHAMBERS SET FOR DECEMBER 1, 2025, AT 10:30 A.M. 4) THREE (3) DAY JURY TRIAL SET FOR DECEMBER 16, 2025 AT 9:00 A.M. 5) TRIAL BRIEFS MUST BE IN THE COURT'S HANDS NOT LATER THAN FIFTEEN (15) DAYS PRIOR TO TRIAL
  63. STIPULATED PROTECTIVE ORDER FILED. COPIES TO ATTY GARVINE, ATTY ABRAMS
  64. NOTICE TO TAKE DEPOSITION AND CERTIFICATE OF SERVICE FILED. NOTICE OF DEPOSITION eFiling submission date: 09/10/2025 03:48 PM Attorney: GARVINE, BRIAN M
  65. EFENDANT IRVING LANGER'S MOTION FOR SUMMARY JUDGMENT eFiled: 10/20/2025 02:14 PM Attorney: ABRAMS, JAMES D
  66. DEFENDANT IRVING LANGER'S NOTICE OF FILING DEPOSITION. eFiled: 10/20/2025 04:19 PM Attorney: ABRAMS, JAMES D
  67. ENTRY FILED. OPPOSITION TO MOTION FOR SUMMARY JUDGMENT DUE BY NOVEMBER 19, 2025. REPLY BRIEF DUE BY DECEMBER 3, 2025.
  68. NOTICE TO TAKE DEPOSITION AND CERTIFICATE OF SERVICE FILED. NOTICE OF DEPOSITION eFiled: 10/23/2025 03:08 PM Attorney: GARVINE, BRIAN M
  69. NOTICE OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT IRVING LANGER (ONLY) eFiled: 10/29/2025 10:24 AM Attorney: GARVINE, BRIAN M
  70. MOTION DEFENDANT, REUVEN EPSTEIN'S MOTION FOR SUMMARY JUDGMENT eFiled: 11/04/2025 08:37 AM Attorney: GOLDSTEIN, ROBERT R
  71. ENTRY FILED. TWO (2) DAY JURY TRIAL SET FOR DECEMBER 16, 2025, AT 9:00 A.M. OBJECTIONS HEARING SET FOR DECEMBER 1, 2025, AT 10:30 A.M. TRIAL BRIEF SHALL INCLUDE PROPOSED JURY INSTRUCTIONS DEALING WITH ALL ISSUES IN THE CASE, AND A COPY SHALL BE DELIVERED TO JUDGE COTTRILL'S OFFICE AFTER FILING WITH THE CLERK OF COURTS.
  72. ENTRY FILED. OPPOSITION TO MOTION FOR SUMMARY JUDGMENT DUE BY NOVEMBER 14, 2025. REPLY BRIEF DUE BY NOVEMBER 25, 2025.
  73. NOTICE TO TAKE DEPOSITION AND CERTIFICATE OF SERVICE FILED. SECOND AMENDED NOTICE OF DEPOSITION eFiled: 11/12/2025 08:35 AM Attorney: GARVINE, BRIAN M
  74. PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT REUVEN EPSTEIN'S MOTION FOR SUMMARY JUDGMENT eFiled: 11/14/2025 03:36 PM Attorney: GARVINE, BRIAN M
  75. PLAINTIFF'S MOTION FOR BRIEF CONTINUANCE OF TRIAL DATE eFiled: 11/14/2025 03:36 PM Attorney: GARVINE, BRIAN M
  76. NOTICE OF WITHDRAWAL OF JURY DEMAND eFiled: 11/14/2025 03:43 PM Attorney: GARVINE, BRIAN M
  77. PRE-TRIAL ORDER FILED. PLAINTIFFS MOTION FOR BRIEF CONTINUANCE FILED NOVEMBER 14, 2025 IS GRANTED. THE THREE (3) DAY JURY TRIAL SCHEDULED TO BEGIN ON DECEMBER 16, 2026, IS CONTINUED AND RESCHEDULED TO BEGIN ON FEBRUARY 17, 2026, AT 9:00 A.M. THE FINAL PRETRIAL SCHEDULED FOR DECEMBER 1, 2025, AT 10:30 A.M. IS CONTINUED AND RESCHEDULED FOR FEBRUARY 6, 2026, AT 11:00 A.M.
  78. ENTRY FILED. DEFENDANT EPSTEINS MOTION FOR SUMMARY JUDGMENT IS DENIED.
  79. ENTRY FILED. THREE (3) DAY JURY TRIAL, NOW A THREE (3) DAY BENCH TRIAL SET FOR FEBRUARY 17, 2026, AT 9:00 A.M. OBJECTIONS HEARING SET FOR FEBRARY 6, 2026, AT 11:00 A.M. A PRE-TRIAL STATEMENT MUST BE FILED TEN (10) DAYS PRIOR TO THE FINAL PRETRIAL CONFERENCE.
  80. DEFENDANT, REUVEN EPSTEIN'S MOTION FOR LEAVE TO FILE PRETRIAL STATEMENT INSTANTER eFiled: 01/28/2026 02:03 PM Attorney: GOLDSTEIN, ROBERT R
  81. PLAINTIFF ARA, INC DBA LONE OAK PAYROLL'S MOTION FOR LEAVE TO FILE PRETRIAL STATEMENT INSTANTER eFiled: 01/28/2026 02:46 PM Attorney: GARVINE, BRIAN M
  82. MAGISTRATE'S ORDER FILED. UPON NOTIFICATION BY THE PARTIES THAT THE CASE HAS BEEN SETTLED AS TO ALL TERMS, THIS CASE SHALL BE STAYED FOR THIRTY (30) DAYS. THE STATUS CONFERENCE SCHEDULED FOR JANUARY 30, 2026, AT 3:00 P.M., THE FINAL PRETRIAL SCHEDULED FOR FEBRUARY 6, 2026 AT 11:00 A.M., AND THE TRIAL SCHEDULED FOR FEBRUARY 17, 2026, SHALL BE TAKEN OFF OF THE COURT'S DOCKET.

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