Fuel-From-Waste, LLC v. Gold Coast Commodities, Inc. et al
| Fuel-From-Waste, LLC |
| Gold Coast Commodities, Inc., Tom W. Douglas, Robert Trey Fleming, David Drew, Peter Behrle, Robert D Douglas and Tyson Farms, Inc. |
| 2:2015cv01431 |
| August 20, 2015 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Blount |
| John E Ott |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2017. A more recent docket listing may be available from PACER.
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Filing 79
ORDER in accordance with the memo opn entered contemporaneously, {49] dft's motion to dismiss is granted; #52 pla's motion to amend the complaint is denied; Tyson Farms Inc is dismissed with prejudice; DISMISSING CASE. Signed by Magistrate Judge John E Ott on 1/9/2017. (KAM, )
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Filing 78
MEMORANDUM OPINION. Signed by Magistrate Judge John E Ott on 1/9/2017. (KAM, )
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Filing 77
ORDER denying as moot #62 Motion to Dismiss; granting #76 Motion to Dismiss all claims that have asserted by any of the moving parties against one another in this action; this dismissal does not include or affect any claims asserted by Fuel-From-Waste against Tyson Farms Inc. Signed by Magistrate Judge John E Ott on 10/5/2016. (KAM, )
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Filing 76
MOTION to Dismiss Certain Claims and Parties by Robert D Douglas, Tom W. Douglas, Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 75
TEXT ORDER granting #74 Unopposed Motion to Stay. All discovery in this case, all existing discovery deadlines, and all Rule 26 deadlines are STAYED pending resolution of the pending motions to dismiss. Signed by Magistrate Judge John E. Ott on 09/26/2016. (WDJ)
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Filing 74
MOTION to Stay Defendant Tyson Farms, Inc.'s Unopposed Motion to Stay Pending Resolution of Defendants' Motions to Dismiss by Tyson Farms, Inc.. (Thagard, Thomas)
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Filing 73
ORDER. Premised on an unopposed letter request of counsel for Gold Coast Commodities, the due date for the reply brief is now September 23, 2016. Signed by Magistrate Judge John E. Ott on 9/15/2015. (Ott, John)
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Filing 72
RESPONSE to Motion re #62 MOTION to Dismiss For Failure To State A Claim filed by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 71
INITIAL ORDER; Signed by Magistrate Judge John E Ott on 9/8/2016. (BST, )
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Filing 70
CONSENT to Jurisdiction by US Magistrate Judge John E. Ott by Peter Behrle, Robert D Douglas, Tom W. Douglas, David Drew, Robert Trey Fleming, Fuel-From-Waste, LLC, Gold Coast Commodities, Inc., Tyson Farms, Inc... filed by Peter Behrle, Robert D Douglas, Tom W. Douglas, David Drew, Robert Trey Fleming, Fuel-From-Waste, LLC, Gold Coast Commodities, Inc., Tyson Farms, Inc. (KAM, )
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Filing 69
TEXT ORDER. The telephone conference presently set for 9:30 A.M. this morning (September 6, 2016) is CANCELLED. Signed by Magistrate Judge John E. Ott on 09/06/2016. (WDJ)
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Filing 68
TEXT ORDER granting #67 Plaintiff's Unopposed Motion for Extension of Time. The plaintiff's response to the defendants' #62 motion to dismiss is now due by September 9, 2016, and the defendants' reply is now due by September 16, 2016. Signed by Magistrate Judge John E. Ott on 08/31/2016. (WDJ)
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Filing 67
MOTION for Extension of Time by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 66
REPLY to Response to Motion re #49 MOTION to Dismiss Opposed Motion to Dismiss First Amended Complaint filed by Tyson Farms, Inc.. (Thagard, Thomas)
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Filing 65
TEXT ORDER. Defendants Gold Coast Commodities, Inc., Tom Douglas, and Robert Douglas have filed a #62 motion to dismiss all claims asserted against them by plaintiff Fuel-from-Waste, LLC. Fuel-from-Waste shall have until September 2, 2016, to respond to the motion to dismiss, and the defendants shall have until September 9, 2016, to reply. Signed by Magistrate Judge John E. Ott on 08/19/2016. (WDJ)
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Filing 64
TEXT ORDER granting #61 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John E. Ott on 08/19/2016. (WDJ)
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Filing 63
Brief re #62 MOTION to Dismiss For Failure To State A Claim . (McKibben, Michael)
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Filing 62
MOTION to Dismiss For Failure To State A Claim by Robert D Douglas, Tom W. Douglas, Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 61
MOTION for Leave to File Excess Pages by Robert D Douglas, Tom W. Douglas, Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 60
NOTICE of Appearance by Joshua B Baker on behalf of Tyson Farms, Inc. (Baker, Joshua)
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Filing 59
RESPONSE in Opposition re #52 Second MOTION to Amend/Correct Complaint filed by Tyson Farms, Inc.. (Attachments: #1 Exhibit A)(Thagard, Thomas)
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Filing 58
RESPONSE in Opposition re #49 MOTION to Dismiss Opposed Motion to Dismiss First Amended Complaint filed by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 57
TEXT ORDER granting #54 Motion to Extend Scheduling Order Deadlines. The deadlines in the #33 Scheduling Order are extended 90 days. Signed by Magistrate Judge John E. Ott on 08/16/2016. (WDJ)
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Filing 56
ORDER that the parties are reminded that this case will be reassigned to a district judge after 9/19/2016 unless they unanimously consent to the jurisdiction of the undersigned magistrate; Telephone Conference set for 9/6/2016 09:30 AM before Magistrate Judge John E Ott; parties to call in as directed; if all parties submit an executed consent before 9/6/2016, the telephone conference will be cancelled. Signed by Magistrate Judge John E Ott on 8/9/2016. (KAM, )
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Filing 55
TEXT ORDER. Plaintiff Fuel-From-Waste, LLC has filed a #52 motion to amend its complaint. The defendants shall have until August 19, 2016, to file a response, if any, to the motion to amend, and the plaintiff shall have until August 26, 2016, to reply. Signed by Magistrate Judge John E. Ott on 08/08/2016. (WDJ)
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Filing 54
MOTION for Extension of Time to Extend Scheduling Order Deadlines by Tom W. Douglas, Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 53
AMENDED COMPLAINT Second against Fuel-From-Waste, LLC, filed by Fuel-From-Waste, LLC.(Law, Jonathon)
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Filing 52
Second MOTION to Amend/Correct Complaint by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 51
TEXT ORDER. Defendant Tyson Farms, Inc. has filed a #49 motion to dismiss the plaintiff's first amended complaint. The plaintiff shall have until August 18, 2016, to respond to the motion to dismiss, and Tyson shall have until August 25, 2016, to reply. Signed by Magistrate Judge John E. Ott on 08/05/2016. (WDJ) Modified on 8/5/2016 (KAM, ).
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Filing 50
Corporate Disclosure Statement by Tyson Farms, Inc.. filed by Tyson Farms, Inc. (Thagard, Thomas)
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Filing 49
MOTION to Dismiss Opposed Motion to Dismiss First Amended Complaint by Tyson Farms, Inc.. (Thagard, Thomas)
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Filing 48
TEXT ORDER granting #45 Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint. The deadline for defendant Robert D. Douglas to respond to the amended complaint is extended to August 19, 2016. Signed by Magistrate Judge John E. Ott on 08/04/2016. (WDJ)
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Filing 47
ANSWER to #37 Amended Complaint by Tom W. Douglas.(McKibben, Michael)
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Filing 46
ANSWER to #37 Amended Complaint by Tom W. Douglas.(McKibben, Michael)
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Filing 45
Joint MOTION for Extension of Time to File Answer by Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 44
ANSWER to #37 Amended Complaint by Gold Coast Commodities, Inc..(McKibben, Michael)
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Filing 43
ALIAS SUMMONS Returned Executed upon Tyson Farms, Inc., served on 7/14/2016, answer due 8/4/2016. (JLC)
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Filing 42
ALIAS SUMMONS Returned Executed on Robert D Douglas, served on 7/15/2016, answer due 8/5/2016. (JLC)
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Filing 41
ORDER OF RECUSAL. Judge James H Hancock hereby RECUSES himself from this action. Case reassigned to Chief Magistrate Judge John E Ott for all further proceedings. Please use case number 2:15-cv-1431-JEO on all future pleadings. Signed by Judge James H Hancock on 7/13/2016. (JLC)
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Filing 40
Alias Summons Issued as to Robert D Douglas, Tyson Farms, Inc., via certified U.S. Mail on this the 12th day of July, 2016. (JLC)
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Filing 39
ORDER GRANTING #36 MOTION to Amend Complaint as set out herein. Signed by Judge James H Hancock on 7/12/2016. (JLC)
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Filing 38
Request for service by certified mail filed by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 37
AMENDED COMPLAINT against Robert D Douglas, Tyson Farms, Inc., filed by Fuel-From-Waste, LLC.(Law, Jonathon)
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Filing 36
MOTION to Amend/Correct Complaint by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 35
ORDER GRANTING #34 Joint MOTION for Protective Order. PROTECTIVE ORDER. Signed by Judge James H Hancock on 5/12/2016. (JLC)
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Filing 34
Joint MOTION for Protective Order by Gold Coast Commodities, Inc.. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(McKibben, Michael)
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Filing 33
SCHEDULING ORDER: All Discovery due by May 12, 2017. All potentially Dispositive Motions due by June 5, 2017. See all other deadlines and instructions as set out herein. Signed by Judge James H Hancock on 4/5/2016. (JLC)
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Filing 32
REPORT of Rule 26(f) Planning Meeting. (Merkle, Sarah)
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Filing 31
ANSWER to Counterclaim by Robert Trey Fleming.(Rebarchak, James)
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Filing 30
ANSWER to Counterclaim by David Drew.(Rebarchak, James)
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Filing 29
ANSWER to Counterclaim by Peter Behrle.(Rebarchak, James)
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Filing 28
ORDER GRANTING #27 MOTION for Extension of Time to respond to the Counterclaim. Defendants have until March 7, 2016 to respond. Signed by Judge James H Hancock on 2/23/2016. (JLC)
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Filing 27
MOTION for Extension of Time to File Answer Gold Coast Commodities, Inc. and Tom W. Douglas's Counterclaim by Peter Behrle, David Drew, Robert Trey Fleming. (Rebarchak, James)
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Filing 26
AFFIDAVIT of Service for Alias Counterclaim Summons and Answer and Counterclaim with Exhibits served on Peter Behrle on 1/31/2016, filed by Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 25
SUMMONS Returned Executed Robert Trey Fleming served (green card not dated). (AVC)
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Filing 24
Alias Summons Returned Executed on David Drew, served on 1/11/2016, answer due 2/1/2016. Date of delivery left blank, used date received. (JLC)
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Filing 23
Alias Summons Returned Unexecuted as to Peter Behrle. (JLC)
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Filing 22
Alias Summons Reissued as to Peter Behrle, David Drew and Robert Trey Fleming via certified U.S. Mail on this the 18th day of December, 2015. (JLC)
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Filing 21
Summons Returned Unexecuted as to Peter Behrle, David Drew and Robert Trey Fleming. (JLC)
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Filing 20
ANSWER to Counterclaim of Defendants by Fuel-From-Waste, LLC.(Law, Jonathon)
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Filing 19
ORDER GRANTING #18 MOTION for Extension of Time for a Rule 26 Conference of the Parties. The parties SHALL hold the Rule 26 meeting within fourteen (14) days of the appearance of counsel for the last individual defendant. Signed by Judge James H Hancock on 12/8/2015. (JLC)
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Filing 18
MOTION for Extension of Time for a Rule 26 Conference of the Parties by Fuel-From-Waste, LLC. (Law, Jonathon)
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Filing 17
Counterclaim Summons Issued as to Peter Behrle, David Drew and Robert Trey Fleming via certified U.S. Mail on this the 19th day of November, 2015. (JLC)
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Filing 16
Request for service by certified mail filed by Gold Coast Commodities, Inc.. (Merkle, Sarah)
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Filing 15
ANSWER to #1 Complaint by Tom W. Douglas.(McKibben, Michael)
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Filing 14
ORDER reminding the parties of their obligations under Fed. R. Civ. P. 26(f) and LR 26.1(d). The Court expects a Report of the Parties' Planning Meeting in the general format of the USDC ND Ala Form 35 or Fed. R. Civ. P. Appendix Form 35 to be signed and filed with the Court jointly by the parties within 14 days after the meeting. Signed by Judge James H Hancock on 11/5/2015. (JLC)
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Filing 13
Defendant Gold Coast Commodities, Inc.'s ANSWER to #1 Complaint , First COUNTERCLAIM against Fuel-From-Waste, LLC, Robert Trey Fleming, David Drew, Peter Behrle by Gold Coast Commodities, Inc.. (Attachments: #1 Exhibit Exhibit A to Answer)(Merkle, Sarah)
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Filing 12
SUMMONS Returned Executed by Fuel-From-Waste, LLC. Tom W. Douglas served on 10/26/2015, answer due 11/16/2015. (Law, Jonathon)
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Filing 11
Alias Summons Issued as to Tom W. Douglas, returned to Plaintiff's attorney for service via USPS on this the 20th day of October, 2015. (JLC)
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Filing 10
ORDER GRANTING #6 MOTION for Extension of Time to File Answer. Defendant Gold Coast Commodities, Inc. has until November 4, 2015 to file a responsive pleading. The alternative Motion to Dismiss is MOOT. Signed by Judge James H Hancock on 10/6/2015. (JLC)
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Filing 9
NOTICE of Appearance by Sarah Elizabeth Merkle on behalf of Gold Coast Commodities, Inc. (Merkle, Sarah)
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Reset Deadlines: Gold Coast Commodities, Inc. Answer due November 4, 2015. (JLC)
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Filing 8
Corporate Disclosure Statement by Gold Coast Commodities, Inc.. filed by Gold Coast Commodities, Inc. (McKibben, Michael)
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Filing 7
NOTICE of Appearance by Michael D McKibben on behalf of Gold Coast Commodities, Inc. (McKibben, Michael)
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Filing 6
MOTION for Extension of Time to File Answer or in the Alternative, Motion to Dismiss Under Rule 12 by Gold Coast Commodities, Inc.. (McKibben, Michael)
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Filing 5
Summons Returned Unexecuted as to Tom W. Douglas. (No Receptacle) (JLC)
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Filing 4
SUMMONS Returned Executed Gold Coast Commodities, Inc. served on 9/14/2015, answer due 10/5/2015 (no signature on green card, but dated). (AVC)
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Filing 3
Summons Issued as to Tom W. Douglas and Gold Coast Commodities, Inc. via certified U.S. Mail on this the 11th day of September, 2015. (JLC)
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Filing 2
Request for service by certified mail filed by Fuel-From-Waste, LLC. (JLC)
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Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-2458443, NDAL receipt #B4601064690. related document #1 COMPLAINT against Tom W. Douglas, Gold (Law, Jonathon) Modified on 8/21/2015 (JLC).
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Filing 1
COMPLAINT against Tom W. Douglas, Gold Coast Commodities, Inc., filed by Fuel-From-Waste, LLC. (Attachments: #1 Civil Cover Sheet)(JLC)
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