On February 3, 2023, the Court held a status conference and encouraged the parties to pursue a global settlement that would encompass the related Florida bankruptcy case and pending adversary proceeding.

On February 14, 2023, the Court approved the parties’ litigation plan, which included a discovery deadline of August 31, 2023, “on the issues of novation, jurisdiction, and the chargeback amounts.” ECF Doc. 53; Minutes of Proceedings 02/03/2023.

Theunissen, 935 F.2d at 1458 (“Where the court relies solely on the parties’ affidavits to reach its decision, the plaintiff must make only a prima facie showing that personal jurisdiction exists in order to defeat dismissal.”).

The Plaintiff opposes the Defendant’s motion to dismiss and asserts that the Court has jurisdiction over Mr. Gaal because: (1) Francis David Corporation properly converted to EMS and retained all rights, privileges, powers, authorities, and obligations under the 2014 merchant agreement; (2) Mr. Gaal signed the 2014 merchant agreement that contained the forum selection clause; and (3) the Defendant does not assert that the forum selection clause is the product of “fraud or overreaching” or that it is “unreasonable and unjust.” ECF Doc. 47, PageID ##343-46.

An equally important aspect of the 2014 agreement was the forum selection clause, which meant that EMS could enforce the personal guaranty against Mr. Gaal without leaving its home base in Cleveland.

The court heard argument from counsel for the parties in respect to Defendant’s Motion at a telephonic status/case management conference on the record on September 22, 2023 starting at 3 p.m. II.

It asserts there is no reason they could not have provided this address to the Chinese Central Authority that is responsible for making service in China under the Hague Convention.

In order to determine whether to grant relief from judgment, the court must consider three things: whether the defendant’s culpable conduct lead to the default, whether the defendant has demonstrated it might have a meritorious defense and prejudice to the plaintiff.

NOCO also maintains that the delay between the granting of the default judgment and the filing of the motion to intervene might likely result in the loss or availability of evidence.

P. 24(b) provides “[o]n timely motion, the court may permit anyone to intervene who...has a claim or defense that shares with the main action a common question of law or fact”.

The court held a telephonic status/case management conference on the record with counsel for the parties on September 22, 2023, at which it also discussed pending motions.

The cut-off date for adding parties or amending claims is November 9, 2023.

Responsive expert reports are due September 26, 2024.

PageID #: 7845 The court will hold a telephonic status conference with counsel for the parties on February 8, 2024,at 11:00 a.m.

The court will address the motions that were discussed at the conference by separate order.