GF 617 LLC et al v. Imperial Frozen Foods Holdco LLC et al
Plaintiff: Mitzi Reamer and GF 617 LLC
3Rd Party Plaintiff: Imperial Frozen Foods Op Co LLC and Imperial Frozen Foods Holdco LLC
3Rd Party Defendant: Westbury 3, LLC
Case Number: 2:2018cv01663
Filed: October 10, 2018
Court: US District Court for the Northern District of Alabama
Presiding Judge: John H England
Referring Judge: R David Proctor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Opinion or Order Filing 28 TEXT ORDER-This matter is before the court on Defendants' Motion to Consolidate #26 . The court understands the motion is opposed. In light of the holidays, the court ORDERS the following briefing schedule: Plaintiffs SHALL respond to the motion #26 on or before December 18, 2018; Defendants MAY reply on or before January 4, 2019. Signed by Judge R David Proctor on 12/6/2018. (KAM)
December 5, 2018 Filing 27 RESPONSE in Opposition re #20 MOTION to Dismiss Imperial's Third-Party Complaint filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Smith, Christopher)
December 5, 2018 Filing 26 MOTION to Consolidate Cases by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Smith, Christopher)
November 29, 2018 Opinion or Order Filing 25 INITIAL ORDER. Signed by Judge R David Proctor on 11/29/2018. (KAM)
November 28, 2018 Filing 24 RESPONSE in Support re #16 MOTION to Dismiss For Failure to State a Claim filed by GF 617 LLC, Mitzi Reamer. (Walsh, James)
November 28, 2018 Filing 23 NOTICE OF REASSSIGNMENT Case Reassigned to Judge R David Proctor. Magistrate Judge John H England, III no longer assigned to the case. The status conference scheduled for 12/28/2018 is cancelled. Please use case number 2:18-cv-01663-RDP for all subsequent pleadings. (AFS)
November 26, 2018 Opinion or Order Filing 22 ORDER Third-Party Defendant Westbury 3, LLC was served and answered prior to the 1/2/2019 consent deadline; Third-Party Defendant has filed a motion to dismiss the third-party complaint; Accordingly, a telephone status conference is SET for 10:00 a.m. on 12/28/2018. Parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The parties should call in five minutes prior to the start time of the conference. The telephone conference will be cancelled if all magistrate judge jurisdiction consent forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 11/26/2018. (AFS)
November 21, 2018 Opinion or Order Filing 21 TEXT ORDER setting briefing schedule re #20 MOTION to Dismiss Imperial's Third-Party Complaint filed by Westbury 3, LLC. Third-Party Plaintiff's response is due by December 5, 2018. Third-Party Defendant's reply, if any, is due by December 12, 2018. Signed by Magistrate Judge John H. England, III on 11/21/2018. (CDG)
November 21, 2018 Filing 20 MOTION to Dismiss Imperial's Third-Party Complaint by Westbury 3, LLC. (Walsh, James)
November 21, 2018 Filing 19 RESPONSE in Opposition re #16 MOTION to Dismiss For Failure to State a Claim filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Attachments: #1 Exhibit A - Promissory Note)(Smith, Christopher)
November 7, 2018 Opinion or Order Filing 18 TEXT ORDER setting briefing schedule re #16 MOTION to Dismiss For Failure to State a Claim filed by GF 617 LLC, Mitzi Reamer. Defendant/Counterclaimants' response is due by November 21, 2018. Plaintiff/Counter-Defendants' reply, if any, is due by November 28, 2018. Signed by Magistrate Judge John H. England, III on 11/7/2018. (CDG)
November 7, 2018 Filing 17 Corporate Disclosure Statement by GF 617 LLC, Mitzi Reamer. filed by GF 617 LLC, Mitzi Reamer (Clarke, Frederick)
November 7, 2018 Filing 16 MOTION to Dismiss For Failure to State a Claim by GF 617 LLC, Mitzi Reamer. (Clarke, Frederick)
November 6, 2018 Opinion or Order Filing 15 TEXT ORDER: The parties' deadline to conduct a conference pursuant to Rule 26(f) is currently set for November 13, 2018. (See doc. #9 ) In light of the third-party complaint filed in this case, (doc. #10 ), that deadline is extended to December 17, 2018. Signed by Magistrate Judge John H. England, III on 11/6/2018. (CDG)
November 5, 2018 Filing 14 SUMMONS Returned Executed Westbury 3, LLC served (no date on green card).(AFS)
November 1, 2018 Filing 13 Summons Issued as to Westbury 3, LLC. mailed certified mail. (AFS)
November 1, 2018 Opinion or Order Filing 12 ORDER to allow Third-Party Plaintiff's an opportunity to serve Third-Party Defendant, the consent deadline is extended to 1/2/2019. The consent conference, currently set for 11/14/2018 is CANCELLED, and will be reset if Third-Party Defendant is served and answers prior to the consent deadline. Signed by Magistrate Judge John H England, III on 11/1/2018. (AFS)
October 31, 2018 Filing 11 Request for service by certified mail filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Gilchrist, Wesley)
October 31, 2018 Filing 10 THIRD PARTY COMPLAINT against Westbury 3, LLC, filed by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC.(Gilchrist, Wesley)
October 23, 2018 Opinion or Order Filing 9 ORDER Regarding Compliance with Rule 26(f). Signed by Magistrate Judge John H England, III on 10/23/2018. (AFS)
October 23, 2018 Opinion or Order Filing 8 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than December 1, 2018. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after December 1, 2018. A telephone status conference is hereby SET for 10:30 a.m. on November 14, 2018. The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 10/23/2018. (AFS)
October 23, 2018 Filing 7 Corporate Disclosure Statement by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC (Gilchrist, Wesley)
October 17, 2018 Opinion or Order Filing 6 TEXT ORDER granting #4 & #5 Motions to Admit Pro Hac Vice attorneys Brandon F. Heffinger and Christopher B. Smith, but with the understanding and on the condition they register for e-filing and notification within 14 days, unless they have already done so. Signed by Magistrate Judge John H. England, III on 10/17/2018. (CDG)
October 17, 2018 Filing 5 MOTION for Leave to Appear Pro Hac Vice of Christopher B. Smith Motion is RIPE 10/17/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Gilchrist, Wesley)
October 17, 2018 Filing 4 MOTION for Leave to Appear Pro Hac Vice of Brandon F. Heffinger Motion is RIPE 10/17/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Imperial Frozen Foods Holdco LLC, Imperial Frozen Foods Op Co LLC. (Gilchrist, Wesley)
October 17, 2018 Filing 3 ANSWER and COUNTERCLAIM against GF 617 LLC by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC.(Gilchrist, Wesley)
October 17, 2018 PHV Fee paid for Brandon F. Heffinger in the amount of $50.00, Credit Card receipt number 1126-3197648, NDAL receipt #B4601092806. (Gilchrist, Wesley) Modified on 10/17/2018 (JLC).
October 17, 2018 PHV Fee paid for Christopher B. Smith in the amount of $50.00, Credit Card receipt number 1126-3197657, NDAL receipt #B4601092807. (Gilchrist, Wesley) Modified on 10/17/2018 (JLC).
October 11, 2018 Filing Fee: Filing fee $400.00,(ALND B4601092654) receipt_number 1126-3192662. related document #1 NOTICE OF REMOVAL by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC from Jefferson County Circuit Court, Alabama, case number 01-CV-2018-903565.00., filed by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit A part 1, # 3 Exhibit A part 2, # 4 Exhibit A part 3)(AFS). (Gilchrist, Wesley) Modified on 10/11/2018 (AFS).
October 10, 2018 Filing 2 NOTICE regarding consent of a magistrate judge in a civil action. (AFS)
October 10, 2018 Filing 1 NOTICE OF REMOVAL by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC from Jefferson County Circuit Court, Alabama, case number 01-CV-2018-903565.00., filed by Imperial Frozen Foods Op Co LLC, Imperial Frozen Foods Holdco LLC. (Attachments: #1 Exhibit A, #2 Exhibit A part 1, #3 Exhibit A part 2, #4 Exhibit A part 3)(AFS)

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3rd party plaintiff: Imperial Frozen Foods Op Co LLC
Represented By: Amaobi Joseph Enyinnia
Represented By: Wesley B Gilchrist
Represented By: M Christian King
Represented By: Brandon E Heffinger
Represented By: Christopher George Smith
Represented By: Christopher B Smith
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3rd party plaintiff: Imperial Frozen Foods Holdco LLC
Represented By: Amaobi Joseph Enyinnia
Represented By: Wesley B Gilchrist
Represented By: M Christian King
Represented By: Brandon E Heffinger
Represented By: Christopher George Smith
Represented By: Christopher B Smith
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Plaintiff: Mitzi Reamer
Represented By: James F Walsh
Represented By: Frederick Darrell Clarke, III
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Plaintiff: GF 617 LLC
Represented By: James F Walsh
Represented By: Frederick Darrell Clarke, III
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3rd party defendant: Westbury 3, LLC
Represented By: James F Walsh
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