Tompaul Acipco LLC v. ARC Alabama LLC
| Jake Dreher and American Cast Iron Pipe Company |
| George Dreher, Jr, Dreher Investments LLC and Paul Dreher |
| Tompaul Acipco LLC, Tom Valerio, Paul Smith, Joseph Smith & Sons Inc and TAV Holdings |
| ARC Alabama LLC and George Dreher |
| Jefferson Iron and Metal Brokerage Inc and Steel City Recycling LLC |
| Anaconda Investors Inc and William R Perry, II |
| 2:2022cv01364 |
| October 25, 2022 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Anna M Manasco |
| Other Statutory Actions |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 REPLY to Response to Motion re #38 MOTION to Compel Responses to Jurisdictional Discovery filed by American Cast Iron Pipe Company. (Andress, Donald) |
| Filing 47 REPLY to Response to Motion re #38 MOTION to Compel Responses to Jurisdictional Discovery filed by American Cast Iron Pipe Company. (Andress, Donald) |
| Filing 46 REPLY to Response to Motion re #36 MOTION to Compel Jurisdictional Discovery filed by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc, Steel City Recycling LLC. (Lankford, Ambria) |
| Filing 45 RESPONSE in Opposition re #36 MOTION to Compel Jurisdictional Discovery, #38 MOTION to Compel Responses to Jurisdictional Discovery filed by Anaconda Investors Inc, William R Perry, II. (Campbell, Andrew) |
| Filing 44 RESPONSE in Opposition re #36 MOTION to Compel Jurisdictional Discovery, #38 MOTION to Compel Responses to Jurisdictional Discovery filed by Tompaul Acipco LLC. (Dowd, Augusta) |
Filing 43
TEXT ORDER: Defendant American Cast Iron Pipe Company moves this court to stay its briefing schedule forty-five days, in part, because the current deadlines "run through the... holiday season, and therefore make administrative support more difficult." Doc. #39 at 3. Because Plaintiff Tompaul ACIPCO, LLC does not oppose a stay "if the basis of the request is the busy holiday schedule" Doc. #42 at 1, the motion to stay, Doc. #39 , is GRANTED. All responses to the pending motions to remand, Doc. #32 ; Doc. #33 , are due on or before Monday, February 6, 2023. All replies, if any, are due on or before Monday, February 27, 2023. Signed by Judge Anna M Manasco on 12/16/2022. (KSS)
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| Filing 42 RESPONSE to Motion re #32 MOTION to Remand Opposed, #36 MOTION to Compel Jurisdictional Discovery, #39 MOTION to Stay Briefing Schedule and to Extend Deadlines, #33 MOTION to Remand , #38 MOTION to Compel Responses to Jurisdictional Discovery filed by TAV Holdings, Tompaul Acipco LLC. (Dowd, Augusta) |
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Filing 41
TEXT ORDER: Any responses to American Cast Iron Pipe Company's Motion to Stay Briefing Schedule Pending Resolution of American's Motion to Compel and Motion to Extend Briefing Deadlines, #39 , are due within THREE (3) DAYS of the issuance of this order. Signed by Judge Anna M Manasco on 12/13/2022. (AKD)
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Filing 40
TEXT ORDERAny response to the pending motions to compel, #36 ; #38 , is due on or before December 19, 2022. Any reply is due on or before December 22, 2022. Signed by Judge Anna M Manasco on 12/13/2022. (AKD)
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| Filing 39 MOTION to Stay Briefing Schedule and to Extend Deadlines by American Cast Iron Pipe Company. (Attachments: #1 Exhibit Exhibit 1: Email)(Andress, Donald) |
| Filing 38 MOTION to Compel Responses to Jurisdictional Discovery by American Cast Iron Pipe Company. (Attachments: #1 Exhibit American Discovery Requests)(Andress, Donald) |
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Filing 37
TEXT ORDER: Any response to the motion to compel, Doc. 36, is due within SEVEN (7) DAYS of the issuance of this order. Any reply is due within THREE (3) DAYS of any response. Signed by Judge Anna M Manasco on 12/12/2022. (KAM)
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| Filing 36 MOTION to Compel Jurisdictional Discovery by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc, Steel City Recycling LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lankford, Ambria) |
| Filing 35 Transcript of Motions Hearing held on 11/21/2022, before Judge Anna M. Manasco. Court Reporter/Transcriber Teresa Roberson. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/23/2022. Redacted Transcript Deadline set for 1/2/2023. Release of Transcript Restriction set for 3/2/2023. (Attachments: #1 Certificate) (AKD) |
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Filing 34
TEXT ORDER:Any responses to the motions to remand, Doc. #32 ; Doc. #33 , are due on or before December 23, 2022. All replies, if any, are due on or before January 13, 2023. Signed by Judge Anna M Manasco on 11/28/2022. (AKD)
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| Set/Reset Deadlines as to #33 MOTION to Remand, #32 MOTION to Remand Opposed. Responses due by 12/23/2022 Replies due by 1/13/2023. (AKD) |
| Filing 33 MOTION to Remand by Anaconda Investors Inc, William R Perry, II. (McDonald, Yawanna) |
| Filing 32 MOTION to Remand Opposed by Tompaul Acipco LLC. (Dowd, Augusta) |
| Filing 31 AMENDED COMPLAINT Unredacted Second Amended and Restated Complaint of Tompaul ACIPCO LLC against All Defendants, filed by ARC Alabama LLC, George Dreher, Jr, Paul Dreher, Steel City Recycling LLC, Dreher Investments LLC, George Dreher, Jefferson Iron and Metal Brokerage Inc.(Lankford, Ambria) |
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Filing 30
TEXT ORDER:: The Unopposed Motion to Exceed Page Limitations, Doc. #29 , is GRANTED. Tompaul Acipco LLCs forthcoming motion to remand may not exceed TWENTY (20) PAGES. Signed by Judge Anna M Manasco on 11/22/2022. (AKD)
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| Filing 29 MOTION for Leave to File Excess Pages by Tompaul Acipco LLC. (Dowd, Augusta) |
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Filing 28
ORDER As stated in the hearing, the #21 Motion to Stay is GRANTED. All proceedings in this matter are STAYED except for pleadings and proceedings related to the potential remand of this case. The removing defendants, are DIRECTED to file an unredacted amended complaint within seven days of the issuance of this order. Signed by Judge Anna M Manasco on 11/21/2022. (KSS)
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| Minute Entry for proceedings held before Judge Anna M Manasco: Motion Hearing held on 11/21/2022 re #21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand filed by Tompaul Acipco LLC. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 27
TEXT ORDER. The court sets a Motion Hearing re: #21 for 11/21/2022 at 09:00 AM, CR 5B, Hugo L Black US Courthouse, Birmingham, AL before Judge Anna M Manasco. Signed by Judge Anna M Manasco on 11/17/2022. (FNC)
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| Filing 26 RESPONSE in Support re #21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand filed by Anaconda Investors Inc, William R Perry, II. (McDonald, Yawanna) |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand filed by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc, Steel City Recycling LLC. (Lankford, Ambria) |
| Filing 24 RESPONSE to Motion re #21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand filed by American Cast Iron Pipe Company. (Andress, Donald) |
| Filing 23 RESPONSE to Order on Sealing and Pending Motions filed by American Cast Iron Pipe Company. (Andress, Donald) |
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Filing 22
TEXT ORDER SETTING BRIEFING SCHEDULE:Any parties' response to the Opposed Motion of Tompaul to Stay Proceedings Pending This Court's Determination of Tompaul's Motion to Remand, see Doc. #21 , is due on or before 5:00pm on Wednesday, November 16. Signed by Judge Anna M Manasco on 11/14/2022. (AKD)
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| Filing 21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand by Tompaul Acipco LLC. (Dowd, Augusta) |
| Filing 20 RESPONSE to re #19 , #18 Amended Response to Plaintiff's Filing (Doc. 18) filed by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc, Steel City Recycling LLC. (Lankford, Ambria) |
| Set/Reset Deadlines as to #21 MOTION to Stay Proceedings Pending Court's Determination of Motion to Remand. Responses due by 11/16/2022 (AKD) |
| Filing 19 RESPONSE to re #18 filed by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc, Steel City Recycling LLC. (Lankford, Ambria) |
| Filing 18 RESPONSE to re #11 Order on Sealing and Pending Motions filed by Tompaul Acipco LLC. (Dowd, Augusta) |
| Filing 17 Corrected ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Joseph Smith & Sons Inc, Paul Smith, TAV Holdings, Tom Valerio by George Dreher, Jr, ARC Alabama LLC, Paul Dreher, Steel City Recycling LLC, George Dreher, Dreher Investments LLC, Jefferson Iron and Metal Brokerage Inc.(Scott, Adrienne) |
| Filing 16 ANSWER to Complaint with Jury Demand , THIRD PARTY COMPLAINT against TAV Holdings, Paul Smith, Tom Valerio, Joseph Smith & Sons Inc, COUNTERCLAIM against All Plaintiffs by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Steel City Recycling LLC, Jefferson Iron and Metal Brokerage Inc.(Scott, Adrienne) |
| Filing 15 Corporate Disclosure Statement by American Cast Iron Pipe Company. filed by American Cast Iron Pipe Company (Andress, Donald) |
| Filing 14 COUNTERCLAIM and Third Party Complaint against Tompaul Acipco LLC, filed by American Cast Iron Pipe Company.(Andress, Donald) |
| Filing 13 ANSWER to Complaint (Second Amended and Restated Complaint) by American Cast Iron Pipe Company.(Andress, Donald) |
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Filing 12
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Judge Anna M Manasco on 11/02/2022. (AKD)
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Filing 11
ORDER ON SEALING AND PENDING MOTIONS-The court ORDERS all parties to SHOW CAUSE, in writing within FOURTEEN (14) DAYS of the issuance of this order, why the court should not unseal all currently sealed documents. The court has reviewed the state court docket sheet. If any motion was pending in state court at the time of removal and the movant wishes the district court to rule on the motion, the movant must refile the motion in this case and attach any responses thereto, within SEVEN (7) DAYS of the issuance of this order or the moving party's appearance, whichever is later. Signed by Judge Anna M Manasco on 11/02/2022. (AKD)
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| Filing 10 Corporate Disclosure Statement by Dreher Investments LLC. filed by Dreher Investments LLC (Scott, Adrienne) |
| Filing 9 Corporate Disclosure Statement by Steel City Recycling LLC. filed by Steel City Recycling LLC (Scott, Adrienne) |
| Filing 8 Corporate Disclosure Statement by Jefferson Iron and Metal Brokerage Inc. filed by Jefferson Iron and Metal Brokerage Inc (Scott, Adrienne) |
| Filing 7 Corporate Disclosure Statement by ARC Alabama LLC. filed by ARC Alabama LLC (Scott, Adrienne) |
| Filing 6 NOTICE OF REASSIGNMENT Case Reassigned to Judge Anna M Manasco. Judge Annemarie Carney Axon no longer assigned to the case. (KSS) |
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Filing 5
TEXT ORDER The undersigned recuses herself from further participation in this case and DIRECTS the Clerk to reassign this case in accordance with the usual procedures. Signed by Judge Annemarie Carney Axon on 10/27/2022. (KSS)
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| Filing 4 ***Document Sealed*** Unredacted Notice of Removal and Second Amended Complaint (Attachments: #1 Second Amended Complaint) (KAM) |
| ANSWER to Complaint by ARC Alabama LLC, George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, Steel City Recycling LLC. (deemed filed in state court on 9/3/2021)(KAM) |
| COMPLAINT against All Defendants, filed by Tompaul Acipco LLC. (deemed filed in state court on 7/20/2021)(KAM) |
| ANSWER to Complaint by Jefferson Iron and Metal Brokerage Inc. (deemed filed in state court on 10/7/2021)(KAM) |
| Filing fee received: $ 402.00, receipt number 1950. (KSS) |
| FIRST AMENDED COMPLAINT against All Defendants, filed by Tompaul Acipco LLC. (deemed filed in state court on 11/30/2021)(KAM) |
| CROSSCLAIM against George Dreher, Jr, George Dreher, Paul Dreher, Dreher Investments LLC, filed by William R Perry, II and Anaconda Investors, Inc. (deemed filed in state court on 12/9/2021)(KAM) Modified on 11/2/2022 (FNC). (see 3-29 at page 66) |
| ANSWER to Complaint by American Cast Iron Pipe Company. (deemed filed in state court on 11/12/2021)(KAM) |
| AMENDED ANSWER to Complaint AND COUNTERCLAIM against Tompaul Acipco LLC, Tom Valerio, TAV Holdings, Paul Smith, Joseph Smith & Sons, Inc., by ARC Alabama LLC. (deemed filed in state court on 11/16/2021)(KAM) Modified on 11/2/2022 (FNC). (see doc 3-13). |
| Filing 3 NOTICE OF REMOVAL filed by Ambria L Lankford.(Attachments: #1 Exhibit A - (REDACTED), #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Crossclaim, #4 Exhibit D - ACIPCO Consent, #5 Civil Cover Sheet, #6 Exhibit State Court File Part 1, #7 Exhibit State Court File Part 2, #8 Exhibit State Court File Part 3, #9 Exhibit State Court File Part 4, #10 Exhibit State Court File Part 5, #11 Exhibit State Court File Part 6, #12 Exhibit State Court File Part 7, #13 Exhibit State Court File Part 8, #14 Exhibit State Court File Part 9, #15 Exhibit State Court File Part 10, #16 Exhibit State Court File Part 11, #17 Exhibit State Court File Part 12, #18 Exhibit State Court File Part 13, #19 Exhibit State Court File Part 14, #20 Exhibit State Court File Part 15, #21 Exhibit State Court File Part 16, #22 Exhibit State Court File Part 17, #23 Exhibit State Court File Part 18, #24 Exhibit State Court File Part 19, #25 Exhibit State Court File Part 20, #26 Exhibit State Court File Part 21, #27 Exhibit State Court File Part 22, #28 Exhibit State Court File Part 23, #29 Exhibit State Court File Part 24, #30 Exhibit State Court File Part 25, #31 Exhibit State Court File Part 26, #32 Exhibit State Court File Part 27, #33 Exhibit State Court File Part 28, #34 Exhibit State Court File Part 29, #35 Exhibit State Court File Part 30, #36 Exhibit State Court File Part 31, #37 Exhibit State Court File Part 32, #38 Exhibit State Court File Part 33, #39 Exhibit State Court File Part 34, #40 Exhibit State Court File Part 35, #41 Exhibit State Court File Part 36, #42 Exhibit State Court File Part 37, #43 Exhibit State Court File Part 38, #44 Exhibit State Court File Part 39, #45 Exhibit State Court File Part 40, #46 Exhibit State Court File Part 41, #47 Exhibit State Court File Part 42, #48 Exhibit State Court File Part 43, #49 Exhibit State Court File Part 44, #50 Exhibit State Court File Part 45, #51 Exhibit State Court File Part 46, #52 Exhibit State Court File Part 47, #53 Exhibit State Court File Part 48, #54 Exhibit State Court File Part 49) (Lankford, Ambria) Modified on 10/26/2022 (KAM, ). |
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Filing 2
ORDER GRANTS in part and DENIES in part #1 Motion for Leave to File Notice of Removal and Plaintiff's Second Amended Complaint Under Seal. With respect to the notice of removal, Defendants may file it under seal as set out. With respect to the attachments to the notice of removal, Defendants may seal any of the documents that the state court ordered sealed, but may not file under seal any documents that are publicly available in the state court record. Signed by Judge Annemarie Carney Axon on 10/25/2022. (KSS, )
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| Filing 1 MOTION for Leave to File Removal Under Seal by ARC Alabama LLC. (Attachments: #1 Exhibit A)(KAM) |
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