His accountant . Find top employees, contact details and business statistics at RocketReach. Company - Private. Rocketreach finds email, phone & social media for 450M+ professionals. Bruner, on the other hand, contends that Comtech's prior breach of contract entitles Bruner to withhold payment, and that no money is owed. Vince Bruner Jr. Drew Gordy Bruner. By contrast, when it purchased through Balogh, R.A. Bruner made its checks payable directly to Balogh, who gave in return hand-written invoices displaying no company name or logo. (kk2)In light of the COVID-19 pandemic, all in-person mediations are post poned; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference. CGC 94 966102 in the Superior Court of California, County of San Francisco. Region Assigned: Signed by Magistrate Judge Chelsey M. Vascura on 3/13/2020. (sln), Set/Reset Deadlines: Bruner Corporation answer due 3/27/2015. Mr. Bruner was previously the Chairman and CEO of Falcon Oil & Gas Ltd. and served as Ultra Petroleum Corp.'s founding Chairman where he was involved in developing the Pinedale Anticline in Wyoming. In any case, Bruner invoices and is paid the negotiated sales price, and the representative who solicited the sale receives a 10% commission on the sales price. BRUNER CORPORATION E-File Follow. (3) The Availability of Prejudgment Interest. (jk) (Entered: 03/10/2020), Docket(#8) RULE 26(f) REPORT by Plaintiff Travelers Casualty and Surety Company of America. today at (205) 933-1500 to find out how we can help you. Doc. Bruner Corporation's other evidence, however, does support its contention that a genuine issue of fact exists in this regard. Bruner Corporation designs and manufactures water treatment systems. Call Belt, Bruner, & Barnett P.C. Business Profile Bruner Corporation Heating and Air Conditioning Contact Information 3637 Lacon Rd Hilliard, OH 43026-1202 Get Directions Visit Website Email this Business (614) 334-9000 File a. Bruner leased the oil and gas rights on that land to Chesapeake Exploration and CHK . One email stated that it was from "Kristen Johnson" in the "Accounting Department," and the other . Defendant filed a Memorandum in Opposition to the Motion for Summary Judgment (Doc. Prejudgment interest begins to accrue when it becomes "due and capable of exact computation." 5. As the district court explained, in order to satisfy the mens rea requirements of RICO, WOCCA, and Wisconsin's civil conspiracy statute, Bruner Corporation must prove that R.A. Bruner knew that the goods it purchased from John Balogh were stolen. What is this? The affidavit contains a summary of documentation of sales of stolen Bruner [Corporation] products to R.A. Bruner. It describes 159 transactions in stolen goods between John Balogh and R.A. Bruner beginning on December 13, 1985 and ending on December 31, 1992. In the mid-1980s, a trusted Bruner Corporation employee named John Balogh began selling the Corporation's products to various retailers on his own and pocketing the profits. 25, pp. Before Snyder, P.J., Brown and Anderson, JJ. Click below to see real cases we've won, or call the Bruner Law Firm at (850) 769-9292 to learn more about how we can put our experience to work for you. Contacts 36. (Jodka, Sara), NOTICE by Plaintiff Cameron Wade of Filing of Opt-In Consent Forms (Attachments: # 1 Exhibit 1: Opt-In Consent Form of Jason Simpson, # 2 Exhibit 2: Opt-In Consent Form of Mark Phelps, # 3 Exhibit 3: Opt-In Consent Form of Darrell Jennings, # 4 Exhibit 4: Opt-In Consent Form of John Justice, # 5 Exhibit 5: Opt-In Consent Form of Tim Harper, # 6 Exhibit 6: Opt-In Consent Form of Dennis Ooten) (Hymore, Ryan), SUMMONS Returned Executed as to Defendant Bruner Corporation. 14 11, 21 & Ex. The Corporation has changed hands several times over the years; the current management took control of the company in April 1990. Hensel for Plaintiff Travelers Casualty and Surety Company of America (Hensel, A.J.) BRUNER CORPORATION E-File Follow Case Number: 09-CA-145258 Date Filed: 01/28/2015 Status: Closed Location: Hilliard, OH Region Assigned: Region 09, Cincinnati, Ohio Docket Activity Items per page 1 2 Next Last The Docket Activity list does not reflect all actions in this case. Santa's Best Craft, L.L.C. In a letter dated July 8, 1991, Bruner Corporation management told R.A. Bruner that it could not purchase Bruner Corporation products directly and that it had to make purchases through Stickler & Associates, the manufacturer's representative for the area. With respect to the third affirmative defense in Defendant's Answer (Doc. 2:15-cv-00607 in the Ohio Southern District Court. This arrangement changed when new management took over Bruner Corporation in 1990. 34% of Bruner employees are women, while 66% are men. Our high-quality equipment and services have been keeping customers satisfied for years. Doc. COMTECH HOLDINGS, INC., an Illinois corporation, d/b/a XCELL MECHANICAL SERVICES, Plaintiff, v. BRUNER CORPORATION, an Ohio corporation, Defendant. (sln), Defendant's ANSWER to 1 Complaint filed by Bruner Corporation. 27, p. 2. (approving the use of an ostrich instruction in a case involving prosecution for mail and wire fraud), cert. The Grimshaw v. Ford Motor Company lawsuit was filed as a personal injury tort case in Orange County, California. (Entered: 03/12/2020), (#15) NOTICE by Plaintiff Travelers Casualty and Surety Company of America re #13 MOTION for Preliminary Injunction Exhibit F - Jones Declaration (Evenchik, Aaron) (Entered: 03/11/2020), (#14) MOTION for Discovery by Plaintiff Travelers Casualty and Surety Company of America. (1) The Relation of the Unpaid Invoices to the Original Contract. 3637 Lacon Road Hilliard. Do I have a Legionnaires' Disease Lawsuit? Ill. Sep. 18, 2018). Bruner Corporation appeals from the district court's summary judgment decision denying relief on the company's RICO, WOCCA, and civil conspiracy claims. Plaintiff's motion for summary judgment is based on three arguments: 1. the unpaid invoices were not "part of" the original boiler contract, 2. there is no "pay when paid" precondition in the contracts at issue, and 3. there are no bona fide defenses precluding the collection of prejudgment interest. Doc. (epd) (Entered: 03/27/2015), Unopposed MOTION for Extension of Time to File Answer New date requested 4/27/2015. R.A. Bruner argues that it owes damages based on its joint and several liability with John Balogh, the seller of the stolen property. Solutions . Second, Bruner disputes the veracity of the amounts listed on the invoices. It does not appear that R.A. Bruner raised this argument before the district court during its consideration of the parties' motions for summary judgment. After finding R.A. Bruner liable for conversion, the district court turned to the issue of damages. Later that same year, Joseph Prochot, the President and CEO of Bruner Corporation, had a heated conversation with Robert Bruner, Sr., in which Prochot told Bruner explicitly that under no circumstances would the company sell to him directly. For the reasons set forth below, the Motion for Summary Judgment (Doc. (ew) (Entered: 02/05/2020), (#1) COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7298988), filed by Travelers Casualty and Surety Company of America. If you do not agree with these terms, then do not use our website and/or services. Initially, John Balogh charged R.A. Bruner 40% less than the list price, which was the same discount offered to the official manufacturer's representatives. Region 09, Cincinnati, Ohio. Plaintiff has failed to file a reply to Defendant's Additional Material Facts. Thus, if Balogh owes R.A. Bruner $220,498.70 in contribution, the argument runs, then Bruner Corporation must owe Balogh that same amount. 134.01. 5-8. Marc A. Bruner serves as Chairman of the Board, President, Chief Executive Officer, Chief Financial Officer, Treasurer, Secretary of the Company. Free Tools . Doc. Third, the parties dispute whether Bruner's withholding of payment is "unreasonable and vexatious" pursuant to the Illinois Interest Act, such that Bruner would owe Comtech five percent prejudgment interest on the withheld payments. Point of Entry Replacement Filters. This is not to say that Bruner Corporation will necessarily succeed at trial in proving that R.A. Bruner knew that the goods were stolen. See also Topzant, 9 N.W.2d at 138 (These rules will prevent the defendant from making profit out of his wrong.). All fact discovery must be completed by 3/11/2016. Signed by Judge Michael H. Watson on 3/10/2020. The lawsuit was filed in 1978 by attorneys for the plaintiff involving the Ford Pinto automobile's safety design. When the discount went up 6%, Balogh explained this as a way for R.A. Bruner to remain competitive in the industry. Because the argument was not properly raised before the district court entered judgment, it is waived below and for purposes of appeal. 9-10. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (Entered: 02/04/2020), (#2) Summons Issued as to Bruner Corporation; Building Control Integrators, Inc.; Lacon Road Properties, LLC; and F. Randolph Sleeper. 946.83(3), and Wisconsin's civil conspiracy law, Wis. Stat. In addition, because genuine issues of material fact remain as to R.A. Bruner's knowledge that the goods in question were stolen, we reverse the district court's decision denying relief on the RICO, WOCCA, and civil conspiracy claims, and we remand for further proceedings on these claims. Relationship Between Bruner Corporation and R.A. Bruner. Id., p. 10. 946.83(3), and Wisconsin's civil conspiracy law, Wis. Stat. Company profile page for Bruner Corp including stock price, company news, press releases, executives, board members, and contact information (Jodka, Sara), ORDER granting 12 Motion for Extension of Time to Answer. Stay up-to-date with how the law affects your life. 14, p. 4), there is no dispute of material fact, and the affirmative defense fails as a matter of law. by Defendant Bruner Corporation. In determining the award, the district court relied on the affidavit of Marty Ring, the General Accounting Supervisor of Bruner Corporation. Wade v. Bruner Corporation, Court Case No. Jury Trial set for 11/21/2016 @9:00 AM - CR/TBD before Judge James L. Graham. The lawsuit claims that Telltale failed to provide him with information that he needed to sell his shares. Try for free at rocketreach.co (O'Shaughnessy, Christopher) (Entered: 03/20/2020), Docket(#19) ORDER denying #18 Motion for Reconsideration. at 17. On January 27, 1993, Plaintiff Bruner Corporation ("Bruner") filed a civil action in the United States District Court for the Eastern District of Wisconsin alleging that one of its former employees, Defendant John Balogh, and his brother, Defendant Roger Balogh had stolen and sold over $1,000,000 worth of Bruner water treatment equipment. read more in Roofing, Door Sales/installation, Siding Location & Hours 657 Mooberry St Columbus, OH 43205 Get directions Edit business info Recommended Reviews 1. 9.5 miles away from Bruner Corporation Replacement window, door and siding specialists serving the Columbus, OH area. No one has written a summary of this case yet. Accordingly, because there has been no decision on this issue below, we do not address the sufficiency of the Complaint's allegations of mail and wire fraud as they pertain to R.A. Bruner. 27, p. 4. The CEO's departure was not a surprise. (Entered: 02/13/2020), Set Deadlines: Answers due 2/20/2020. CV 12 783764 ) . 3. Mr. Furst stated that Comtech provided low water cut-offs and designed a blowdown separator and a common blowdown line at the rear of the boilers, as well as a method for piping the low water cut-offs into a manifold. (O'Shaughnessy, Christopher) (Entered: 02/19/2020), (#4) Corporate Disclosure Statement by Plaintiffs Travelers Casualty and Surety Company of America identifying Corporate Parents Travelers Casualty and Surety Company, Travelers Insurance Group Holdings Inc., Travelers Property Casualty Corp., and The Travelers Companies, Inc. (Evenchik, Aaron) Modified text on 2/13/2020 (ew). Id. Although Bruner agrees that it contracted with Comtech for the work performed under the invoices in question, and that the work was to be performed on a time and materials basis, Bruner contends that the accuracy of the listed materials and work hours are at issue. Until the current management took over, Bruner Corporation had always allowed R.A. Bruner to purchase through John Balogh, who by all accounts was a veteran and highly respected Corporation employee. Bruner Corporation contends that a reasonable fact-finder could rely on this discrepancy in the payment and invoicing procedures as support for a finding that R.A. Bruner either knew that the goods purchased through Balogh were stolen, or at least knew enough that it should have inquired as to whether the sales were authorized. (ew) (Entered: 01/28/2020), Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7298988), filed by Travelers Casualty and Surety Company of America. 1341 (mail fraud); id. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order, #2 Exhibit B - Discovery Requests, #3 Exhibit C - Notice of Deposition) (Evenchik, Aaron) (Entered: 03/11/2020), Docket(#13) MOTION for Preliminary Injunction by Plaintiff Travelers Casualty and Surety Company of America. Signed by Magistrate Judge Chelsey M. Vascura on 3/18/2020. Without considering interest for late payment, the remaining balance on Invoice 7933 is $75,399.45. FOIA Branch. Deceased was killed while working on the Waco dam and reservoir as an employee of defendant Clement Brothers Company, a corporation, when a truck driven by defendant Green, an employee of Clement Brothers, backed over him. (kk2) (Entered: 03/18/2020), (#18) MOTION for Reconsideration re #17 Order on Motion for Preliminary Injunction, Order on Motion for Discovery by Plaintiff Travelers Casualty and Surety Company of America. The most common ethnicity at Bruner is White (64%), followed by Hispanic or Latino (14%) and Black or African American (12%). Bruner, to sell and service the products of Bruner Corporation and other manufacturers. Pros The training so you can leave Cons Everything else Was this review helpful? Bruner Corp., together with Defendants JWDC and KWC, are the founders and members of Defendant BMT. Dispositive motions due by 4/29/2016. Write a short note about what you liked, what to order, or other helpful advice for visitors. Grimshaw v. Ford Motor Company Settlement: $127.8 million reduced to $3.5 million. 6:23-CV-00244 | 2023-02-13. Marc Bruner biography. The agent name for this entity is: SMITH CURRIE AND HANCOCK. (sln), ORDER - Counsel to email the undersigned's Courtroom Deputy, Sherry Nichols, at Sherry_Nichols@ohsd.uscourts.gov by February 2, 2016 to advise her if this case should not be set for the March 14 - 18, 2016 Settlement Week. We have established long lasting relationships with our many varied clients by providing prompt and competent legal advice and services.If you have a legal concern or questions, please contact us. See Pierringer v. Hoger, 21 Wis.2d 182, 124 N.W.2d 106 (1963). Signed by Magistrate Judge Elizabeth Preston Deavers on 5/20/2015. The court relied on the list prices of the stolen goods in calculating damages and ordered R.A. Bruner to pay $220,498.70. (ds), ORDER granting 32 Motion to File Document Under Seal (Joint Motion). View contact profiles from Bruner Popular Searches Bruner bruner Corp Bruner Inc Bruner Blog First, the court should have looked to the discounted prices at which Bruner Corporation sold its goods to retailers, not the higher prices at which these merchants then sold the goods to the public.7 Second, even if the price offered to the public is the relevant benchmark, there is insufficient evidence to conclude that Bruner Corporation goods actually sold at their list prices. We are family owned and operated, and located in Mequon, Wisconsin. Taking the evidence on the record in the light most favorable to the Defendant, a reasonable finder of fact could find in Defendant's favor with regard to the affirmative defenses of prior breach and payment. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/22/2015. The new management decided to make direct sales only to official manufacturer's representatives, who would continue to receive a 40% discount. (Schnee, Douglas), Order Setting Mediation Conference: Mediator Jack R. Pigman to conduct Settlement Week Conference on 3/17/2016 at 01:30 PM. The district court granted summary judgment in favor of R.A. Bruner and its codefendant (another retailer) on all counts except the conversion claim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons Form) (Evenchik, Aaron) (Entered: 01/27/2020), U.S. District Courts | Prisoner | by Defendant Bruner Corporation. This argument is made in full in the brief filed by the Lukens defendants, which R.A. Bruner adopts. Please try again. ANTONIA TOMBARI, and individual, and TROY BRUNER, an individual, Plaintiffs, v. STATE OF WASHINGTON, by and through the WASHINGTON STATE DEPARTMENT OF CORRECTIONS, a Washington State Agency; CATHI HARRIS, and individual; JIM RILEY, an individual; MEGAN SMITH, an individual; RENEE SCHUITEMAN, an individual; and KRISTOPHER SMITH, an individual, Defendants. The district court dismissed this argument as untimely because it was not raised as part of the parties' motions for summary judgment. Bruner Corporation's first argument is based on the different payment and invoicing procedures used when R.A. Bruner purchased from John Balogh as opposed to when it purchased from Bruner Corporation's customer service department. The company is registered with the registration number P15897. R.A. Bruner argues that the district court made two errors in calculating conversion damages. However, it is clear from the record that Defendant has not conceded that payment is due on those invoices; Defendant claims that the work underlying the unpaid invoices was only required to be performed because of Plaintiff's failure to satisfactorily complete the Initial Purchase Order. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Last Updated February 4, 2019 at 2:13 PM EST (4.1 years ago), ORDER granting 34 Sealed Motion. Case Number: 09-RC-134079 Date Filed: 08/05/2014 Status: Closed Location: Hilliard, OH Region Assigned: Region 09, Cincinnati, Ohio Tally Issued Date:09/09/2014 . 27, p. 2. For the reasons presented above, we vacate the award of $220,498.70 and remand for further proceedings to recalculate Bruner Corporation's conversion damages. (Entered: 02/13/2020), DocketSet Deadlines: Answers due 2/20/2020. On 09/16/2019 PAUL BRUNER filed a Personal Injury - Other Personal Injury lawsuit against HILTON HOTELS CORPORATION. at 16. 2:15-cv-00607 in the Ohio Southern District Court. All rights reserved. Bruner has partially paid one of those invoices, and has not paid the rest. The court did not address this argument, however, but instead granted summary judgment on the grounds of R.A. Bruner's lack of knowledge. Signed by Magistrate Judge Chelsey M. Vascura on 3/18/2020. Rebuttal Expert due by 6/24/2016. 25, Exh. All Rights Reserved. This clause consisted of a so-called Pierringer release, which under Wisconsin law is an instrument by which a tort plaintiff settles with a tortfeasor, reserves its right to pursue claims against other joint tortfeasors, and agrees to indemnify the settling tortfeasor for any claims for contribution that non-settling tortfeasors might bring against the settling tortfeasor. 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