Ritchie Bros. Auctioneers (America), Inc. v. Best Rental Corporation SE et al
Ritchie Bros. Auctioneers (America), Inc. |
Best Rental Corporation SE, Alex Lyon & Sons, Inc., Gavin Nawrocki, KT Equipment Sales Inc. and Alex Lyon & Son Sales Managers & Auctioneers, Inc. |
3:2014cv00036 |
January 17, 2014 |
US District Court for the Middle District of Alabama |
Opelika Office |
XX US, Outside State |
Wallace Capel |
Myron H Thompson |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on November 4, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 75 JUDGMENT: Pursuant to the joint motion to dismiss, it is the ORDER, JUDGMENT and DECREE of the court that the motion is granted (doc. no. #74 ) and this case is dismissed in its entirety with prejudice, with the parties to bear theirown costs and attorneys' fees. The clerk of the court is DIRECTED to enter thisdocument on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/4/2014. (Attachments: #1 Civil Appeals Checklist) Copies furnished to calendar group, AG. (Deadlines terminated: Jury Trial set for 3/23/2015 and Final Pretrial Conference set for 2/19/2015.)(dmn, ) Modified on 11/4/2014 to reflect correct FPTC date as 2/19/2015 instead of 2/29/2015. (dmn, ) |
NOTICE of Docket Text Correction re #75 Judgment. The referenced docket entry was modified to reflect that the terminated Final Pretrial Conference date is 2/19/2015 not 2/29/2015 as originally docketed. (dmn, ) |
Filing 74 Joint MOTION to Dismiss by Ritchie Bros. Auctioneers (America), Inc., Best Rental Corporation SE, Alex Lyon & Son Sales Managers & Auctioneers, Inc., Gavin Nawrocki, and KT Equipment Sales, Inc. (Attachments: #1 Text of Proposed Order)(Howard, James) Modified on 10/31/2014 to add additional filers. (dmn, ) |
Filing 73 TEXT ORDER granting #72 Joint MOTION to Extend Discovery Deadline, and EXTENDING the discovery deadline to 11/14/2014. Discovery due by 11/14/2014. Signed by Honorable Judge Myron H. Thompson on 8/29/2014. (dmn, ) (NO PDF attached) |
Filing 72 Joint MOTION to Extend Discovery Deadline by Ritchie Bros. Auctioneers (America), Inc., Gavin Nawrocki, KT Equipment Sales Inc., Best Rental Corporation SE, Alex Lyon & Son Sales Managers & Auctioneers, Inc. (Howard, James) Modified on 8/29/2014 to add additional filers. (dmn, ) |
Filing 71 ORDER: Based on the representations made on the record on 5/12/2014, it is ORDERED that the resolution of the bill of costs (doc. no. #64 ) is continued until the end of this litigation. At the end of this litigation, counsel are to remind the court of this pending matter. Signed by Honorable Judge Myron H. Thompson on 5/14/2014. (dmn, ) |
Filing 70 Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference re Bill of Cost #64 held on 5/12/2014 (PDF available for court use only). (Recording Time 2:57 - 3:06.) (ag, ) |
Filing 69 RESPONSE by Alex Lyon & Son Sales Managers & Auctioneers, Inc., Best Rental Corporation SE, Gavin Nawrocki to Plaintiff's #66 Objection to Defendants' Bill of Costs (Holmes, Jeffrey) Modified on 5/8/2014 to reflect actual title. (dmn, ) |
Set Hearings: Telephone Conference re #64 Bill of Cost set for 5/12/2014 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) |
Filing 68 Corporate/Conflict Disclosure Statement by KT Equipment Sales Inc.. (Thompson, Philip) |
Filing 67 ANSWER to #56 Amended Complaint, by KT Equipment Sales Inc..(Thompson, Philip) |
Filing 66 RESPONSE in Opposition re #64 Bill of Costs by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Text of Proposed Order)(Howard, James) |
Filing 65 ANSWER to #62 Answer to Amended Complaint, Counterclaim by Ritchie Bros. Auctioneers (America), Inc..(Howard, James) |
Filing 64 BILL OF COSTS by Alex Lyon & Son Sales Managers & Auctioneers, Inc., Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing re #3 Motion for Preliminary Injunction Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on March 5, 2014, before Judge Myron H. Thompson. Court Reporter/Transcriber Mitchell P. Reisner, Telephone number 334-313-7185. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (dmn, ) |
Filing 62 ANSWER to #56 Amended Complaint, and, COUNTERCLAIM against Ritchie Bros. Auctioneers (America), Inc. by Best Rental Corporation SE, Gavin Nawrocki.(Holmes, Jeffrey) |
Filing 61 ANSWER to #56 Amended Complaint, by Alex Lyon & Son Sales Managers & Auctioneers, Inc..(Holmes, Jeffrey) |
Copy of #59 Uniform Scheduling Order mailed to KT Equipment Sales, Inc. at the address noted on the return receipt received 3/31/2014. (dmn, ) |
Filing 60 Return Receipt Card showing service of amended complaint and summons signed by Brian York for KT Equipment Sales Inc. served on 3/27/2014, answer due 4/17/2014. (dmn, ) |
Filing 59 UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 2/19/2015 before Honorable Judge Myron H. Thompson. Jury Trial set for 3/23/2015 trial term before Honorable Judge Myron H. Thompson. Amended Pleadings due by the plaintiff on or before 8/26/2014, and by the defendants on or before 9/2/2014. Discovery due by 10/7/2014. Motions due by 11/21/2014. Mediation Notice due by 12/17/2014. Signed by Honorable Judge Myron H. Thompson on 3/31/2014. Copies furnished to calendar group, AG.(dmn, ) |
Filing 58 Summons Issued; summons and #56 Amended Complaint mailed CMRRR to KT Equipment Sales Inc. (dmn, ) |
Filing 57 REPORT of Rule 26(f) Planning Meeting. (Holmes, Jeffrey) |
***Attorney David A Buono, II, and Jeffrey Edward Holmes added for Alex Lyon & Son Sales Managers & Auctioneers, Inc. pursuant to #56 Amended Complaint filed 3/18/2014. (dmn, ) |
Filing 56 AMENDED COMPLAINT against Alex Lyon & Son Sales Managers & Auctioneers, Inc., Best Rental Corporation SE, Gavin Nawrocki, and KT Equipment Sales, Inc., filed by Ritchie Bros. Auctioneers (America), Inc. (Attachments: #1 Exhibits A and B)(Howard, James) Modified on 3/19/2014 to add names of new defendants. (dmn, ) |
Filing 55 RULE 26(F) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 3/21/2014. Signed by Honorable Judge Myron H. Thompson on 3/21/2014. (dmn, ) |
Filing 54 ORDER that plaintiff's #52 Motion for Leave to File Amended Complaint is granted. The court assumes that defendants have no objection to the allowance of the amendment; however, if they do, they must file the objection within seven days from the date of this order. Signed by Honorable Judge Myron H. Thompson on 3/10/2014. (dmn, ) |
Filing 53 OPINION AND ORDER directing that it is the ORDER, JUDGMENT, and DECREE of the court that the motions for preliminary injunction (Doc. Nos. #3 and #37 ) filed by plaintiff Ritchie Bros. Auctioneers (America), Inc., are denied. Signed by Honorable Judge Myron H. Thompson on 3/6/14. (Attachments: #1 Civil Appeals Checklist)(scn, ) |
Filing 52 MOTION for Leave to File Amended Complaint by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Howard, James) |
Filing 51 Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Evidentiary Hearing re #3 M/Preliminary Injunction held on 3/5/2014 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (Attachments: #1 Witness List, #2 Plaintiffs Exhibits List, #3 Defendant's Exhibit List) (ag, ) |
Filing 50 SUPPLEMENTAL DECLARATION of James Howard in Support of Plaintiff's #37 MOTION for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc. (Howard, James) Modified on 3/5/2014 to reflect actual title and to remove link to Doc. #47 Motion for Leave to File Reply. (dmn, ) |
Filing 49 REPLY to Response to Motion re #47 MOTION for Leave to File a Reply in Support of Motion for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc.. (Howard, James) |
Filing 48 ORDER that the #47 Motion for Leave to File a Reply is granted. Signed by Honorable Judge Myron H. Thompson on 3/4/2014. (dmn, ) |
Filing 47 MOTION for Leave to File a Reply by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Text of Proposed Order)(Howard, James) |
Filing 46 APPENDIX to Defendants' #45 BRIEF/MEMORANDUM in Opposition to Plaintiff's #37 Request for Preliminary Injunctive Relief filed by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Attachments: #1 Appendix Exhibits A - Q)(Buono, David) Modified on 3/3/2014 to reflect actual title. (dmn, ) |
Filing 45 BRIEF/MEMORANDUM in Opposition re #37 MOTION for Preliminary Injunction filed by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Buono, David) |
Filing 44 ORDER that plaintiff's #37 MOTION for Preliminary Injunction is set for an Evidentiary Hearing on 3/5/2014 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson, as set forth in the court's #21 Order of 2/6/2014. Signed by Honorable Judge Myron H. Thompson on 2/28/2014. Copies furnished to calendar group, AG.(dmn, ) |
Filing 43 [CONTINUATION OF EXHIBITS to Doc. #40 .] AFFIDAVIT in Support re #37 MOTION for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibits 20-24)(Howard, James) Modified on 2/27/2014 to reflect that these are a continuation of exhibits to Doc. #40 . (dmn, ) |
Filing 42 [CONTINUATION OF EXHIBITS to Doc. #40 .] AFFIDAVIT in Support re #37 MOTION for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibits 17-19)(Howard, James) Modified on 2/27/2014 to reflect that these are a continuation of exhibits to Doc. #40 . (dmn, ) |
Filing 41 [CONTINUATION OF EXHIBITS to Doc. #40 .] AFFIDAVIT in Support re #37 MOTION for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibit Exhibits 13-16)(Howard, James) Modified on 2/27/2014 to reflect that these are a continuation of exhibits to Doc. #40 . (dmn, ) |
Filing 40 AFFIDAVIT in Support re #37 MOTION for Preliminary Injunction filed by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibits 1-6, #2 Exhibits 7-12)(Howard, James) Modified on 2/27/2014 to include exhibit text. (dmn, ) |
Filing 39 ANSWER to #1 Complaint, by Best Rental Corporation SE, Gavin Nawrocki.(Holmes, Jeffrey) |
Filing 38 ANSWER to #1 Complaint, by Alex Lyon & Sons, Inc..(Holmes, Jeffrey) |
Filing 37 MOTION for Preliminary Injunction by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Text of Proposed Order)(Howard, James) |
Filing 36 Pro Hav Vice Filing fee for David A. Buono II received re #28 Motion: $ 50.00, receipt number 4602030645 (dmn, ) |
Filing 35 ORDER granting #28 Motion for David A. Buono, II Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 2/14/14. (djy, ) |
Filing 34 Minute Entry for proceedings held before Honorable Judge Wallace Capel, Jr: Telephone Conference re: #29 MOTION to Compel filed by Ritchie Bros. Auctioneers (America), Inc. (PDF available for court use only). (Recording Time 11:02 - 11:09.) (kcf, ) |
Filing 33 NOTICE of Correction re #28 Motion to Appear Pro Hac Vice to add the certificate of good standing from the US District Court (Attachments: #1 USDC certificate of good standing)(djy, ) |
ORAL ORDER granting #29 Motion to Compel. Signed by Honorable Judge Wallace Capel, Jr on 2/14/2014. (kcf, ) |
Filing 32 RESPONSE to Motion re #29 MOTION to Compel filed by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 31 ORDER Setting telephonic Hearing re: #29 MOTION to Compel on 2/14/2014 @ 11:00 AM before Honorable Judge Wallace Capel Jr.; plf shall arrange a conference call with the other parties and jointly call chambers. Signed by Honorable Judge Wallace Capel, Jr on 2/13/14. Furnished to calendar group & KF.(djy, ) |
***Attorney David A. Buono, II for Alex Lyon & Sons, Inc.,David A. Buono, II for Best Rental Corporation SE,David A. Buono, II for Gavin Nawrocki added pursuant to #28 motion (NO PDF document attached to this notice). (djy, ) |
Filing 30 AFFIDAVIT in Support re #29 MOTION to Compel filed by Ritchie Bros. Auctioneers (America), Inc.. (Howard, James) |
Filing 29 MOTION to Compel by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Text of Proposed Order)(Howard, James) |
Filing 28 Motion for David Buono, II to Appear Pro Hac Vice by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) Modified on 2/13/2014 to clarify text to include attorney name (qc/djy, ). (Additional attachment(s) added on 2/14/2014: #1 Buono Certificate of Good Standing USDC to attach the proper certificate) (qc/djy, ). |
Filing 27 ORDER denying #18 Motion to Dismiss. Signed by Honorable Judge Myron H. Thompson on 2/12/14. (Attachments: #1 civil appeals checklist) (djy, ) |
Filing 26 SURREPLY in Opposition to #18 Motion to Dismiss filed by Ritchie Bros. Auctioneers (America), Inc.. (Walker, Jordan) Modified on 2/13/2014 to clarify text to reflect as SURREPLY in opposition to #18 motion (qc/djy, ). |
Filing 25 ORDER granting #24 Motion for Leave to File a Surreply. Signed by Honorable Judge Myron H. Thompson on 2/12/14. (djy, ) |
Filing 24 MOTION for Leave to File A Surreply by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Exhibit A)(Walker, Jordan) |
Filing 23 REPLY to Response to Motion re #18 MOTION to Dismiss filed by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 22 RESPONSE in Opposition re #18 MOTION to Dismiss filed by Ritchie Bros. Auctioneers (America), Inc.. (Attachments: #1 Text of Proposed Order)(Howard, James) |
Filing 21 ORDER: Based on the representations made on the record on 2/5/2014, it is ORDERED as follows: (1) The #3 Motion for Order to Show Cause is treated as a MOTION for Preliminary Injunction. (2) The #3 Motion for Preliminary Injunction is set for Evidentiary Hearing on 3/5/2014 at 10:00 AM in Courtroom 2FMJ, in Montgomery, AL before Honorable Judge Myron H. Thompson. (3) Plaintiff is to file a brief (summarizing the evidence it intends to present and setting forth the law) on 2/26/2014. Defendants are to do the same by 2/28/2014. (4) The parties are to engage in an agreed-upon schedule for expedited discovery for the preliminary-injunction hearing. If the parties cannot agree on a schedule, they are to contact the magistrate judge immediately so that he can fashion and enter the needed schedule. Signed by Honorable Judge Myron H. Thompson on 2/6/2014. Copies furnished to calendar group, AG.(dmn, ) |
Filing 20 Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference re #3 M/Preliminary Injunction held on 2/5/2014 (PDF available for court use only). (Recording Time 2:52 - 3:02.) (ag, ) |
Filing 19 BRIEF/MEMORANDUM in Support re #18 MOTION to Dismiss filed by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 18 MOTION to Dismiss by Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 17 Corporate/Conflict Disclosure Statement by Gavin Nawrocki. (Holmes, Jeffrey) |
Filing 16 Corporate/Conflict Disclosure Statement by Alex Lyon & Sons, Inc.. (Holmes, Jeffrey) |
Filing 15 Corporate/Conflict Disclosure Statement by Best Rental Corporation SE. (Holmes, Jeffrey) |
Set Hearings: Telephone Conference re #3 M/TRO etc set for 2/5/2014 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) |
Filing 14 Return Receipt Card showing service of complaint, summons, corporate disclosure, and TRO for Alex Lyon & Sons, Inc. served on 1/21/2014, answer due 2/11/2014. (dmn, ) |
Filing 13 ORDER that the Motions for Admission Pro Hac Vice (Doc. Nos. #9 and #10 ) are granted. Signed by Honorable Judge Myron H. Thompson on 1/30/2014. (dmn, ) |
Filing 11 DEMAND for Trial by Jury by Ritchie Bros. Auctioneers (America), Inc.. (Walker, Jordan) |
Filing 12 Pro Hac Vice Fees received for James E. Howard and Lauren B. Rainwater re Motions to Appear Pro Hac Vice (Doc. #9 and #10 ): $ 100.00, receipt number 4602029715 (dmn, ) |
***Attorney James E. Howard, and Lauren B. Rainwater added PRO HAC VICE for Ritchie Bros. Auctioneers (America), Inc. (dmn, ) (see Doc. #9 and #10 for pdfs) |
Filing 10 Motion to Appear Pro Hac Vice by Ritchie Bros. Auctioneers (America), Inc.. (Walker, Jordan) |
Filing 9 Motion to Appear Pro Hac Vice by Ritchie Bros. Auctioneers (America), Inc.. (Walker, Jordan) |
Filing 8 Return Receipt Card showing service of complaint, summons, motion for TRO, and corporate disclosure signed by name illegible for Best Rental Corporation SE served on 1/22/2014, answer due 2/12/2014. (dmn, ) |
Filing 7 Return Receipt Card showing service of complaint, summons, motion for TRO, and corporate disclosure signed by name illegible for Gavin Nawrocki served on 1/22/2014, answer due 2/12/2014. (dmn, ) Modified on 1/23/2014 to reflect correct dates. (dmn, ) |
Reset Answer Deadline for Gavin Nawrocki due to wrong date entered when originally filed. Answer due 2/12/2014. (dmn, ) |
Filing 6 ORDER that the #3 Motion for a Temporary Restraining Order is denied. Signed by Honorable Judge Myron H. Thompson on 1/21/2014. (dmn, ) |
Filing 5 NOTICE of Appearance by Jeffrey Edward Holmes on behalf of All Defendants (Holmes, Jeffrey) |
MOTION for Preliminary Injunction by Ritchie Bros. Auctioneers (America), Inc. (dmn, ) (This document has no pdf attached, see Doc. #3 for pdf.) |
Filing 4 Summons issued; summons, complaint, corporate disclosure, and motion for TRO mailed CMRRR to Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki. (kh, ) |
Filing 3 MOTION for Temporary Restraining Order, and MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Be Entered by Ritchie Bros. Auctioneers (America), Inc. (Attachments: #1 Declaration of Toni Anderson, #2 Declaration of Jody Lenderman with Exhibit 1, #3 Declaration of Clint Blair, #4 Declaration of James Howard, #5 Proposed Order)(kh, ) |
Filing 2 Corporate/Conflict Disclosure Statement by Ritchie Bros. Auctioneers (America), Inc.. (kh, ) |
Filing 1 COMPLAINT against Alex Lyon & Sons, Inc., Best Rental Corporation SE, Gavin Nawrocki ( Filing fee $ 400.00 receipt number 4602029649), filed by Ritchie Bros. Auctioneers (America), Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Filing Fee Receipt)(kh, ) |
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