Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pandora Distribution, LLC v. Ottawa OH, LLC

United States District Court, N.D. Ohio, Western Division

February 20, 2018

Pandora Distribution, LLC, Plaintiff
v.
Ottawa OH, LLC, et al., Defendants

          MEMORANDUM OPINION

          JEFFREY J. HELMICK, UNITED STATES DISTRICT JUDGE

         I. Background

         In the 1970's, Philips' predecessor, Sylvania Electric Products, Inc., owned two parcels of property in Ottawa, Ohio. Each parcel had a warehouse and the two parcels were separated by land owned by the Railroad. Philips' predecessor connected the two buildings by constructing a conveyor bridge across the railroad's land, subject to an Easement and License Agreement. Prior to 1987, Philips's predecessor, Philips ECG, Inc., constructed a second bridge subject to a License General Form between it and Grand Trunk Western Railway Company. Philips then sold the two parcels to DBI.

         In January 2006, DBI divided the parcels and sold one to Pandora Distribution, LLC. As part of the purchase, the parties entered into an Encroachment Agreement drafted by First American Title Insurance Co. This Encroachment Agreement addressed rights to the bridges.

         In December 2006, Ottawa bought the other building and land from DBI. DBI and First American allegedly promised to disclose all agreements affecting title to the property. Ottawa alleges DBI and First American failed to disclose the Encroachment Agreement.

         Pandora instituted this litigation in November 2012. At the initial pretrial with the Court, in April 2013, Ottawa indicated it was contemplating filing a third-party complaint. By November 2013, it appeared that all the relevant parties were joined and the parties were referred to Magistrate Judge Knepp for a settlement conference. In April 2014 and following unsuccessful settlement discussions, new deadlines were implemented and I set a trial date in November 2015.

         By October 2015, First American and Ottawa presented a significant discovery dispute regarding email communications which was the subject of a formal motion to compel. On October 6, 2016, I granted Ottawa's motion to compel and ordered First American to produce pre-denial email communications.

         Subsequent status conferences addressed the issues of mediation and a plan to move the litigation forward. Discovery continued in fits and starts.

         At a status conference in March 2017, the vintage of the litigation was discussed and efforts were made to get the litigation back on the discovery track. After getting leave of Court, Pandora filed its Fourth Amended Complaint on April 12, 2017, and Ottawa filed its Second Amended Third-Party Complaint on May 9, 2017.

         Pandora's Fourth Amended Complaint alleges claims against Ottawa, DBI, Philips, and its successor, and the Railroad sounding in: (1) breach of contract vs. Ottawa; (2) breach of contract vs. DBI; (3) trespass and nuisance vs. Ottawa; (4) declaratory judgment; (5) quiet title and ejectment vs. Ottawa; (6) breach of contract vs. Philips; (7) declaratory judgment vs. Philips; (8) damages and other relief vs. Philips; (9) negligence vs. Philips; (10) equitable relief vs. Ottawa; and (11) equitable relief vs. the Railroad. (Doc. No. 205).

         Ottawa's Second Amended Third-Party Complaint alleges the following claims against First American: (V) negligence; (VI) breach of fiduciary duty; (VII) fraud and constructive fraud; (VIII) breach of contract; (IX) bad faith; and (X) declaratory judgment action.

         As noted in my previous order:

The various claims, cross claims, counterclaims, and third party claims in this lawsuit seek to establish liability for the removal of, and remediation of damage caused by, two conveyor bridges which connect two commercial warehouses in Ottawa, Ohio. . . . There currently exists a dispute ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.