Infinity Capital LLC et al v. Francis David Corporation, No. 1:2018cv02422 - Document 46 (N.D. Ohio 2019)
Court Description: Opinion & Order signed by Judge James S. Gwin on 2/7/19 denying defendant's motion to realign the parties for the reasons set forth in this order. (Related Doc. 27 ) (D,MA)
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Infinity Capital LLC et al v. Francis David Corporation Doc. 46 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------------------: INFINITY CAPITAL LLC, et al., : : Plaintiffs, : : vs. : : FRANCIS DAVID CORPORATION, : : Defendant. : : ------------------------------------------------------------------ Case Nos. 1:18-cv-2422 1:18-cv-2423 (related case) OPINION & ORDER [Resolving Doc. 27] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Days before trial, Defendant Francis David Corporation moves to realign the parties.1 It now wants to be the plaintiff. Both sides assert claims; both sides bear burdens of proof.2 Thus, who is called what determines only who argues first at trial. The predominant issue in this case is whether Francis David’s cancellation of contract payments was proper. Thus, Infinity Capital LLC and John Paul Golino should go first—they must demonstrate that the decision was unlawful. Further, the Court determined the parties’ alignment on November 9, 2018, when it consolidated these cases.3 If Francis David disagreed, it should have objected then—not on the eve of trial. For the foregoing reasons, the Court DENIES Defendant’s motion to realign. IT IS SO ORDERED. Dated: February 6, 2019 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 1 Docs. 27, 28. Plaintiffs oppose. Doc. 37. Doc. 1; Notice of Removal, Francis David Corp. v. Infinity Capital LLC No. 1:18-cv-2423 (N.D. Ohio Oct. 18, 2018), ECF. No. 1. 3 Doc. 13. 2 Dockets.Justia.com
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