Towley III v. Tavernetti et al
Plaintiff: Carl K. Towley, III
Defendant: PowerBlock, Inc., Gary L. Tavernetti, Gregory S. Olson and Intellbell, Inc.
Case Number: 0:2015cv02304
Filed: May 1, 2015
Court: US District Court for the District of Minnesota
Office: DMN Office
County: XX US, Outside State
Presiding Judge: Leo I Brisbois
Referring Judge: Michael J Davis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 10, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2015 Filing 41 Receipt of Letter from Steele County re Order of Remand. (LPH) Qc'd on 9/21/2015 (AKL).
September 8, 2015 Filing 40 Receipt of Letter from Steele County re Order of Remand. (LPH) Document QC'd on 10/7/2015 (JGK).
September 1, 2015 Filing 39 JUDGMENT (Attachments: #1 Civil Notice - appeal)(LEG)
August 28, 2015 Opinion or Order Filing 38 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #37 Report and Recommendation(Written Opinion). That Plaintiff Towley's Motion for Remand, #10 , is GRANTED and that the present case is remanded to Minnesota's Third Judicial District.That Defendant Tavernetti's Motion to Dismiss or, alternatively, to Consolidate, #20 , is DENIED as moot. Judgment is entered accordingly. Signed by Judge Michael J. Davis on 8/28/15. (KMW) Modified text on 9/1/2015 (LEG). Certified copy sent to Steele County District Court.
August 10, 2015 Filing 37 REPORT AND RECOMMENDATION recommends 1. That Plaintiff Towley's Motion for Remand, [Docket No. 10], be GRANTED and that the present case be remanded to Minnesota's Third Judicial District; and 2. That Defendant Tavernetti's Motion to Dismiss or, alternatively, to Consolidate, [Docket No. 20], be DENIED as moot. Signed by Magistrate Judge Leo I. Brisbois on 8/10/15. (LPH)
July 14, 2015 Filing 36 Minute Entry for proceedings held before Magistrate Judge Leo I. Brisbois: Motion Hearing held on 7/14/2015 re #20 MOTION to Dismiss/General filed by Gary L. Tavernetti, #10 MOTION to Remand to State Court filed by Carl K. Towley, III. R&R to issue. (LPH)
July 13, 2015 Opinion or Order Filing 35 TEXT ONLY ENTRY: ORDER granting #33 Motion for Admission Pro Hac Vice of Attorney Gerald V. Barron for Gary L. Tavernetti. Approved by Magistrate Judge Leo I. Brisbois on 7/13/2015. (JLW)
July 13, 2015 Filing 34 NOTICE of Appearance by David L Einhaus on behalf of Gregory S. Olson. (Einhaus, David)
July 13, 2015 Filing 33 MOTION for Admission Pro Hac Vice for Attorney Gerald V. Barron. Filing fee $ 100, receipt number 0864-4488754 by Gary L. Tavernetti. (Leventhal, Seth)
July 13, 2015 Filing 32 NOTICE of Appearance by Stephen J Smith on behalf of PowerBlock, Inc.. (Smith, Stephen)
June 29, 2015 Filing 31 REPLY re #20 MOTION to Dismiss/General or Consolidate filed by Gary L. Tavernetti. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Leventhal, Seth)
June 22, 2015 Filing 30 MEMORANDUM in Support re #10 MOTION to Remand to State Court filed by Carl K. Towley, III. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Grgurich, Christopher)
June 16, 2015 Filing 29 Declaration of Christopher A. Grgurich in Support of #28 Memorandum in Opposition to Motion filed by Carl K. Towley, III. (Grgurich, Christopher)
June 16, 2015 Filing 28 MEMORANDUM in Opposition re #20 MOTION to Dismiss/General filed by Carl K. Towley, III. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Grgurich, Christopher)
June 8, 2015 Filing 27 DECLARATION of Richard A. Pimentel in Opposition to #26 Response in Opposition to Motion filed by Gary L. Tavernetti. (Attachments: #1 Exhibit(s) Pimentel Resume)(Leventhal, Seth)
June 8, 2015 Filing 26 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Gary L. Tavernetti. (Leventhal, Seth)
May 29, 2015 Opinion or Order Filing 25 ORDER RESCHEDULING HEARING: That the Hearing on the Motion to Remand [Docket No. 10] and the Motion to Dismiss [Docket No. 20] is rescheduled to Tuesday, at 11:00 a.m., before the undersigned, on July 14, 2015, in the Devitt Courtroom, Warren E. Burger Federal Building and U.S. Courthouse, 316 N. Robert St., St. Paul, Minnesota. Signed by Magistrate Judge Leo I. Brisbois on 05/29/2015. (MMP)
May 27, 2015 Opinion or Order Filing 24 ORDER REFERRING #20 MOTION to Dismiss/General filed by Gary L. Tavernetti to Judge Leo I. Brisbois. Signed by Chief Judge Michael J. Davis on 5/27/15. (KMW)
May 26, 2015 Filing 23 MEET and CONFER STATEMENT re #20 Motion to Dismiss/General filed by Gary L. Tavernetti. (Leventhal, Seth)
May 26, 2015 Filing 22 NOTICE OF HEARING ON MOTION #20 MOTION to Dismiss/General : Motion Hearing set for 8/17/2015 10:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Leo I. Brisbois. (Leventhal, Seth)
May 26, 2015 Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss/General filed by Gary L. Tavernetti. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Leventhal, Seth)
May 26, 2015 Filing 20 MOTION to Dismiss or, Alternatively, to Consolidate by Gary L. Tavernetti. (Leventhal, Seth) Modified text on 5/27/2015 (LEG).
May 26, 2015 Filing 19 AMENDED NOTICE of Hearing on Motion: #10 MOTION to Remand to State Court : Motion Hearing set for 8/17/2015 10:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Leo I. Brisbois. (Grgurich, Christopher)
May 22, 2015 Opinion or Order Filing 18 ORDER REFERRING #10 MOTION to Remand to State Court filed by Carl K. Towley, III to Judge Leo I. Brisbois. Signed by Chief Judge Michael J. Davis on 5/22/15. (KMW)
May 21, 2015 Filing 17 Separate ANSWER to Complaint by PowerBlock, Inc.. (Smith, Stephen)
May 19, 2015 Filing 16 MEET and CONFER STATEMENT re #10 Motion to Remand to State Court filed by Carl K. Towley, III. (Grgurich, Christopher)
May 18, 2015 Filing 15 DOCUMENT FILED IN ERROR: MEET and CONFER STATEMENT re #10 Motion to Remand to State Court filed by Carl K. Towley, III. (Grgurich, Christopher) Modified on 5/19/2015 (kt).
May 18, 2015 Filing 14 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Carl K. Towley, III re #10 MOTION to Remand to State Court (Grgurich, Christopher)
May 18, 2015 Filing 13 Declaration of Christopher A. Grgurich in Support of #10 MOTION to Remand to State Court filed by Carl K. Towley, III. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Grgurich, Christopher)
May 18, 2015 Filing 12 MEMORANDUM in Support re #10 MOTION to Remand to State Court filed by All Plaintiffs. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Grgurich, Christopher)
May 18, 2015 Filing 11 NOTICE OF HEARING ON MOTION #10 MOTION to Remand to State Court : Motion Hearing set for 8/7/2015 09:30 AM in Courtroom 13E (MPLS) before Chief Judge Michael J. Davis. (Grgurich, Christopher)
May 18, 2015 Filing 10 MOTION to Remand to State Court by Carl K. Towley, III. (Grgurich, Christopher)
May 12, 2015 Opinion or Order Filing 9 ORDER re #6 Stipulation. Defendant Tavernetti shall have until May 26, 2015, to answer or otherwise respond to the Plaintiffs Complaint. Signed by Magistrate Judge Leo I. Brisbois on 5/12/15. (LPH)
May 12, 2015 Filing 8 TEXT ONLY ENTRY: NOTICE of Cancellation of Hearing: Pretrial Conference set for 6/3/2015 at 10:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes IS HEREBY CANCELLED.(WMT)
May 11, 2015 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Michael J. Davis and Magistrate Judge Leo I. Brisbois for all further proceedings. Judge Richard H. Kyle, Magistrate Judge Jeffrey J. Keyes no longer assigned to case. NOTE: the new case number is 15-cv-2304 (MJD/LIB). Please use this case number for all subsequent pleadings. Signed by Chief Judge Michael J. Davis and Richard H. Kyle on 5/11/2015. (KNK)
May 11, 2015 Filing 6 STIPULATION FOR EXTENSION OF TIME by Gary L. Tavernetti. Jointly Signed by Carl K. Towley, Gregory S. Olson, and PowerBlock, Inc.. (Leventhal, Seth) Modified text on 5/12/2015 (LEG).
May 11, 2015 Filing 5 NOTICE PRETRIAL CONFERENCE: Pretrial Conference set for 6/3/2015 10:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: #1 Consent Form)(LPH)
May 1, 2015 Filing 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H. Kyle per Master List and referred to Magistrate Judge Jeffrey J. Keyes. Please use case number 15-cv-2304 RHK/JJK. (kt)
May 1, 2015 Filing 3 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Gerald V Barron as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (kt)
May 1, 2015 Filing 2 EXHIBIT re #1 Notice of Removal, CIVIL COVER SHEET by Gary L. Tavernetti. (Leventhal, Seth)
May 1, 2015 Filing 1 NOTICE OF REMOVAL from Steele Cty. District Court (Minnesota), case number 74-cv-15-656. ( Filing fee $ 400 receipt number 0864-4409458.) Filed by Gary L. Tavernetti. No summons requested. (Attachments: #1 Exhibit(s) Tavernetti Declaration, #2 Exhibit(s) State Court Summons Complaint and Def. Olson Answer, ATTACHMENT FILED IN ERROR-WILL REFILE #3 Civil Cover Sheet) (Leventhal, Seth) Modified text on 5/1/2015 (MMP).

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Defendant: PowerBlock, Inc.
Represented By: Stephen J Smith
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Defendant: Gary L. Tavernetti
Represented By: Gerald V Barron
Represented By: Seth J S Leventhal
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Defendant: Gregory S. Olson
Represented By: David L Einhaus
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Defendant: Intellbell, Inc.
Represented By: Stephen J Smith
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Plaintiff: Carl K. Towley, III
Represented By: Christopher A Grgurich
Represented By: Christopher D Pham
Represented By: Terrence J Fleming
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