AFC Franchising LLC v. Fabbro
Plaintiff: AFC Franchising LLC
Defendant: Laura Fabbro
Case Number: 2:2018cv00743
Filed: May 15, 2018
Court: US District Court for the Northern District of Alabama
Office: Southern Office
County: Jefferson
Presiding Judge: Abdul K Kallon
Referring Judge: John E Ott
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2019 Opinion or Order Filing 31 ORDER DISMISSING CASE WITHOUT PREJUDICE after having received the parties' #30 Joint Stipulation of Dismissal, each party to bear their own costs. Signed by Judge Abdul K Kallon on 12/12/2019. (JLC)
December 11, 2019 Filing 30 STIPULATION of Dismissal by AFC Franchising LLC. filed by AFC Franchising LLC (Douglas, Michael)
December 6, 2019 Opinion or Order Filing 29 ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26)f) - with appendices attached. Signed by Judge Abdul K Kallon on 12/6/2019. (KSS)
December 6, 2019 Opinion or Order Filing 28 MEMORANDUM OPINION and ORDER: Fabbro's #24 MOTION to Dismiss is DENIED; Fabbro is ORDERED to file her answer to the complaint by December 20, 2019; and the parties are DIRECTED to submit by December 31, 2019 a Rule 26 report that sets a discovery cutoff of March 30, 2020; This case is SET for a pretrial conference on June 4, 2020 at 1:30 p.m., and a bench trial on July 13, 2020 at 9 a.m.,both at the Hugo Black Courthouse in Birmingham. Signed by Judge Abdul K Kallon on 12/6/2019. (KAM)
December 6, 2019 Reset Deadlines: Laura Fabbro answer due 12/20/2019. (KAM)
October 4, 2019 Filing 27 NOTICE OF REASSIGNMENT - The above-styled civil action has been reassigned to the Honorable Abdul K. Kallon. Please use case number 2:18-cv-743-AKK on all subsequent pleadings. (KEK)
August 1, 2019 Filing 26 REPLY Brief filed by Defendant Laura Fabbro re: #24 MOTION to Dismiss (Renewed) filed by Laura Fabbro. (Patton, James)
July 25, 2019 Filing 25 RESPONSE in Opposition re #24 MOTION to Dismiss (Renewed) filed by AFC Franchising LLC. (Douglas, Michael)
July 11, 2019 Filing 24 MOTION to Dismiss (Renewed) by Laura Fabbro. (Patton, James)
June 20, 2019 Opinion or Order Filing 23 TEXT ORDER denying #7 Motion to Dismiss. Consistent with the discussion during the June 20, 2019 telephone conference in this matter, the Court denies Ms. Fabbro's motion for change of venue. Within 21 days, Ms. Fabbro may file a renewed motion to dismiss or a motion for summary judgment on the basis of her limitations defense. If Ms. Fabbro files a motion, then AFC may respond within 14 days. Ms. Fabbro may reply within seven days. Signed by Judge Madeline Hughes Haikala on June 20, 2019. (Haikala, Madeline) Modified on 6/21/2019 (KEK).
June 20, 2019 Opinion or Order Filing 22 ORDER TO SHOW CAUSE - To resolve Ms. Fabbros motion to dismiss, the Court first must determine which states law supplies the governing statute of limitations. The Court SETS Ms. Fabbros motion to dismiss for a telephone conference at 3:30 PM on June 20, 2019. Counsel of record shall please dial 877-810-9415 and enter access code 5036215 to participate in the call. The parties shall please be prepared to discuss the choice of law analysis controlling AFC Franchisings complaint. Signed by Judge Madeline Hughes Haikala on 6/20/2019. (KEK)
June 20, 2019 Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 6/20/2019. (Court Reporter Sabrina Lewis) (SAC )
August 13, 2018 Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by AFC Franchising LLC. filed by AFC Franchising LLC (Attachments: #1 Exhibit "A" Declaration of Randy Johansen)(Douglas, Michael)
August 7, 2018 Opinion or Order Filing 20 ORDER TO SHOW CAUSE - On or before August 13, 2018, AFC Franchising, LLC shall file a declaration or an affidavit that sufficiently indicates the citizenship of each of its members. Signed by Judge Madeline Hughes Haikala on 8/7/2018. (KEK)
July 31, 2018 Filing 19 REPLY Brief filed by Defendant Laura Fabbro re: #15 Response in Opposition to Motion, #7 MOTION to Dismiss Under Rule 12(b)(6) And In Alternative To Transfer to District of New Jersey Purusant to 18 U.S.C. Section 1404(a) filed by Laura Fabbro. (Attachments: #1 Exhibit 1 - Dave & Buster's (unpublished decision), #2 Exhibit 2 - Declaration of Neil Cartusciello with Exhibit)(Patton, James)
July 25, 2018 Filing 18 The parties having not unanimously consented to the dispositive jurisdiction by a magistrate judge, this case is Reassigned to Judge Madeline Hughes Haikala. Magistrate Judge John E Ott no longer assigned to the case. (KAM)
July 25, 2018 Filing 17 NOTICE that the telephone conference set for 7/26/18 is cancelled. (BST, )
July 24, 2018 Filing 16 NOTICE to remind parties of consent telephone conference scheduled for 11:00 AM on Thursday, 7/26/18; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, by 4:00 PM on Wednesday, 7/25/18, the conference will be cancelled. (BST)
July 20, 2018 Filing 15 RESPONSE in Opposition re #7 MOTION to Dismiss Under Rule 12(b)(6) And In Alternative To Transfer to District of New Jersey Purusant to 18 U.S.C. Section 1404(a) filed by AFC Franchising LLC. (Attachments: #1 Appendix 1)(Douglas, Michael)
July 19, 2018 Opinion or Order Filing 14 TEXT ORDER: The motion #13 to allow James C. Rubinger to appear pro hac vice on behalf of Plaintiff is GRANTED. Signed by Magistrate Judge John E. Ott on 7/19/18. (SUH)
July 18, 2018 Filing 13 MOTION for Leave to Appear Pro Hac Vice of James C. Rubinger Motion is RIPE 7/18/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by AFC Franchising LLC. (Attachments: #1 Exhibit "A" Declaration of James C. Rubinger in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice of James C. Rubinger)(Douglas, Michael)
July 18, 2018 PHV Fee paid: $ 50, receipt number 1126-3134849. (Rubinger, James) NDAL rec #B4601090661 Modified on 7/20/2018 (KAM, ).
July 17, 2018 PHV Fee paid for Neil Cartusciello : $50, receipt number B4601090614. (KEK)
July 16, 2018 Opinion or Order Filing 12 TEXT ORDER: The motion #11 to allow Neil Cartusciello to appear pro hac vice on behalf of Defendant is CONDITIONALLY GRANTED, subject to the payment of the applicable $50.00 fee within seven (7) calendar days. Upon receipt of the required fee, this conditional grant of pro hac vice status will become final without further court action. Signed by Magistrate Judge John E. Ott on 7/16/18.(SUH)
July 13, 2018 Filing 11 MOTION for Limited Admission by Neil Cartusciello Motion is RIPE 7/13/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Laura Fabbro. (Patton, James)
July 2, 2018 Opinion or Order Filing 10 ORDER that the parties are reminded that this case will be reassigned to a district judge after 8/13/2018 unless they unanimously consent to the jurisdiction of the undersigned magistrate; Telephone Conference set for 7/26/2018 11:00 AM before Magistrate Judge John E Ott; parties call as directed, if all parties submit an executed consent before 7/26/2018, the telephone conference will be cancelled. Signed by Magistrate Judge John E Ott on 7/2/2018. (KAM)
July 2, 2018 Opinion or Order Filing 9 ORDER regarding compliance with Rule 26; Signed by Magistrate Judge John E Ott on 7/2/2018. (BST, )
June 30, 2018 Opinion or Order Filing 8 TEXT SUBMISSION ORDER re #7 MOTION to Dismiss Under Rule 12(b)(6) or To Transfer to District of New Jersey Purusant to 18 U.S.C. Sec. 1404(a) filed by Defendant Laura Fabbro. Plaintiff shall file any opposition or other response to the motion by 7/20/2018. Defendant may file a reply thereto by 7/31/2018. Signed by Magistrate Judge John E. Ott on 6/30/2018. (SJB)
June 28, 2018 Filing 7 MOTION to Dismiss Under Rule 12(b)(6) And In Alternative To Transfer to District of New Jersey Purusant to 18 U.S.C. Section 1404(a) by Laura Fabbro. (Attachments: #1 Exhibit 1 - Franchise Disclosure Doucment, #2 Exhibit 2 - January 27, 2017 Letter, #3 Exhibit 3 - Complaint - Fabbro v. American Family Care, Inc., #4 Exhibit 4 - February 22, 2017 Letter, #5 Exhibit 5 - Decision - Ceccone v. Carroll Home Services, LLC, #6 Exhibit 6 - Declaration of Laura Fabbro)(Patton, James)
June 12, 2018 Opinion or Order Filing 6 TEXT ORDER granting #5 Unopposed Motion for Extension of Time. The time for the defendant to file a response to the complaint is extended to June 28, 2018. Signed by Magistrate Judge John E. Ott on 06/12/2018. (WDJ)
June 12, 2018 Filing 5 Consent MOTION for Extension of Time to File Answer Motion is RIPE 6/12/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Laura Fabbro. (Cartusciello, Neil)
May 22, 2018 Filing 4 AFFIDAVIT of Service for Summons and Complaint served on Laura Fabbro on 5/18/2018, filed by AFC Franchising LLC. (Douglas, Michael)
May 16, 2018 Filing 3 Summons Issued as to Laura Fabbro mailed certified mail. (AFS)
May 16, 2018 Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-3089008, NDAL receipt #B4601089036. (Douglas, Michael) Modified on 5/16/2018 (JLC).
May 15, 2018 Filing 2 NOTICE of Corporate Disclosure by AFC Franchising LLC (Douglas, Michael)
May 15, 2018 Filing 1 COMPLAINT against Laura Fabbro, filed by AFC Franchising LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM)

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Plaintiff: AFC Franchising LLC
Represented By: Michael J Douglas
Represented By: James Charles Rubinger
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Defendant: Laura Fabbro
Represented By: Neil S Cartusciello
Represented By: James A Patton, Jr
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