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Sierra 76, Inc. v. TA Operating LLC

Case Summary: 11-cv-1264

On June 20, 2011, plaintiff Sierra 76, Inc. filed a complaint for declaratory judgment and preliminary injunction against defendant TA Operating LLC in the United States District Court for the Northern District of Ohio.  The complaint seeks equitable relief arising out of plaintiff’s failure to timely exercise its option to renew a lease. 

An advisory jury trial was held from March 20, 2012 through March 21, 2012.  On March 21, 2012, the jury returned the answer to two interrogatories, finding (1) plaintiff’s failure to provide timely notice was the result of accident, surprise, or honest mistake; and (2) defendant was not prejudiced by the untimely notice.  The parties subsequently filed supplemental briefing.  On April 17, 2012, the court entered judgment in favor of plaintiff and ordered that defendant accept plaintiff’s late notice of intent to renew the parties’ lease as a legally effective exercise of its renewal right under the lease agreement

Case Highlights

  • Complaint filed 6/20/11 [Doc #1]
  • Answer filed 7/31/11 [Doc #5]
  • Amended answer filed 8/23/11 [Doc #13]
  • Order denying cross motions for summary judgment filed 1/27/12 [Doc #20]
  • Jury Trial 3/20/12-3/21/12
  • Advisory Jury Proceeding 3/22/12

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.

Sierra 76 v. TA Operating (Part 1)
Sierra 76  v. TA Operating (Part 1)
Sierra 76 v. TA Operating (Part 1), Case 1:11CV1264, Jury Trial, 3/20/2012, 11:05 AM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding. See Ohio Northern for more.


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Sierra 76 v. TA Operating (Part 2)
Sierra 76  v. TA Operating (Part 2)
Sierra 76 v. TA Operating (Part 2), Case 1:11CV1264, Jury Trial, 3/20/2012, 1:45 PM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video

Sierra 76 v. TA Operating (Part 3)
Sierra 76  v. TA Operating (Part 3)
Sierra 76 v. TA Operating (Part 3), Case 1:11CV1264, Jury Trial, 3/20/2012, 3:40 PM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video

Sierra 76 v. TA Operating (Part 4)
Sierra 76  v. TA Operating (Part 4)
Sierra 76 v. TA Operating (Part 4), Case 1:11CV1264, Jury Trial, 3/21/2012, 8:40 AM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video

Sierra 76 v. TA Operating (Part 5)
Sierra 76  v. TA Operating (Part 5)
Sierra 76 v. TA Operating (Part 5), Case 1:11CV1264, Jury Trial, 3/21/2012, 10:10 AM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video

Sierra 76 v. TA Operating (Part 6)
Sierra 76  v. TA Operating (Part 6)
Sierra 76 v. TA Operating (Part 6), Case 1:11CV1264, Jury Trial, 3/21/2012, 12:35 PM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video

Sierra 76 v. TA Operating (Part 7)
Sierra 76  v. TA Operating (Part 7)
Sierra 76 v. TA Operating (Part 7), Case 1:11CV1264, Jury Trial, 3/21/2012, 1:06 PM (EST). Carl B. Stokes U.S. Courthouse, Cleveland, OH. Judge Donald C. Nugent presiding.


Click to Play Video