Merchants Retail Partners Management, LLC et al v. Holst et al
Plaintiff: Merchants Retail Partners Management, LLC and Leitbox Portfolio Partners, LLC
Defendant: Kevin Edwin Holst, Matthias Kellmer and Spartan Investment Group, LLC
Case Number: 2:2023cv01194
Filed: September 11, 2023
Court: US District Court for the Northern District of Alabama
Presiding Judge: Nicholas A Danella
Referring Judge: Madeline Hughes Haikala
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Filing 14 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Magistrate Judge Nicholas A Danella no longer assigned to the case. (KAM)
October 13, 2023 Filing 13 REPLY Brief filed by Defendants Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC re: #12 Response in Opposition to Motion, to Transfer Venue filed by Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC. (Nikolic, David)
October 10, 2023 Minute Entry for proceedings held before Magistrate Judge Nicholas A. Danella: Telephone Conference held on 10/10/2023; Ken Thompson, David Nikolic and David Warren present. (BST, ) Modified on 10/12/2023 (BST, ).
October 6, 2023 Filing 12 RESPONSE in Opposition re #6 MOTION to Change Venue TRANSFER VENUE Plaintiffs' Brief in Oppostion to Defendants' Motion to Transfer Venue filed by Leitbox Portfolio Partners, LLC, Merchants Retail Partners Management, LLC. (Attachments: #1 Exhibit Ex. A--Declaration of Willam A. Leitner)(Thompson, J)
September 28, 2023 Opinion or Order Filing 11 TEXT ORDER: The parties' "Joint Motion To Stay And Continue" deadlines (Doc. #10 ) is GRANTED IN PART. In light of the pending motion to transfer venue (Doc. #6 ), all discoveryincluding the parties' obligation file a Rule 26(f) report of the parties' planning meetingis STAYED until all of the parties have entered their elections regarding the exercise of dispositive jurisdiction by a Magistrate Judge Nicholas Danella pursuant to 28 U.S.C. 636(c). After all parties have made their elections, the presiding judge will decide whether to stay discovery until the pending motion to transfer is resolved. Signed by Magistrate Judge Nicholas A Danella on 9/28/2023. (JLC)
September 27, 2023 Filing 10 Joint MOTION to Stay AND, MOTION to Continue Deadlines by Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC. (Nikolic, David)
September 27, 2023 Filing 9 Corporate Disclosure Statement by Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC. filed by Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC (Nikolic, David)
September 26, 2023 Filing 8 Corporate Disclosure Statement by Leitbox Portfolio Partners, LLC, Merchants Retail Partners Management, LLC. filed by Leitbox Portfolio Partners, LLC, Merchants Retail Partners Management, LLC (Thompson, J)
September 22, 2023 Opinion or Order Filing 7 TEXT ORDER: Defendants have filed a "Motion To Transfer Venue." Doc. #6 . Plaintiffs' response to the motion to transfer is due on or before October 6, 2023. Any reply from Defendants is due on or before October 13, 2023. Signed by Magistrate Judge Nicholas A. Danella on 9/22/2023. (SRD)
September 21, 2023 Filing 6 MOTION to Change Venue TRANSFER VENUE by Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC. (Attachments: #1 Exhibit Declaration of Kevin Holst, #2 Exhibit Declaration of Matthias Kellmer)(Nikolic, David)
September 19, 2023 Opinion or Order Filing 5 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 Magistrate Judge Nicholas A. Danella pursuant to 28 U.S.C. 636(c) by no later than November 3, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge without further order after November 3, 2023. A Telephone Status Conference is hereby SET for 1:00 p.m. October 10, 2023. The parties are DIRECTED to call 888-363-4735 to access the telephone conference. The access code is 6785641. The parties should call in five minutes prior to the start time of the conference. Signed by Magistrate Judge Nicholas A Danella on 9/19/2023. (JLC)
September 19, 2023 Opinion or Order Filing 4 ORDER REGARDING COMPLIANCE WITH RULE 26, reminding the parties of their obligations under FRCP 26(f). Rule 26 Meeting Report due by 10/24/2023. Signed by Magistrate Judge Nicholas A Danella on 9/19/2023. (JLC)
September 18, 2023 Filing 3 ANSWER to Complaint (Notice of Removal) And, COUNTERCLAIM against Leitbox Portfolio Partners, LLC, Merchants Retail Partners Management, LLC by Matthias Kellmer, Spartan Investment Group, LLC, Kevin Edwin Holst. (Nikolic, David)
September 11, 2023 Filing 2 NOTICE OF ASSIGNMENT OF A CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. (JLC)
September 11, 2023 Filing 1 NOTICE OF REMOVAL by Matthias Kellmer, Spartan Investment Group, LLC, Kevin Edwin Holst from Jefferson County Circuit Court, case number 01-CV-2023-902742.00., filed by Matthias Kellmer, Spartan Investment Group, LLC, Kevin Edwin Holst. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(JLC)
September 11, 2023 COMPLAINT against Kevin Edwin Holst, Matthias Kellmer, Spartan Investment Group, LLC, filed by Merchants Retail Partners Management, LLC, Leitbox Portfolio Partners, LLC. (Deemed filed 8/7/2023 in the Circuit Court of Jefferson County, attached to the Notice of Removal as Exhibit B).(JLC)
September 11, 2023 Filing Fee received in the amount of $402.00, Credit Card receipt_number AALNDC-4424443, NDAL Receipt #B7341. (Nikolic, David) Modified on 9/12/2023 (JLC).

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Plaintiff: Merchants Retail Partners Management, LLC
Represented By: J Ken Thompson
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Plaintiff: Leitbox Portfolio Partners, LLC
Represented By: J Ken Thompson
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Defendant: Kevin Edwin Holst
Represented By: David Nikolic
Represented By: David L Warren, Jr
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Defendant: Matthias Kellmer
Represented By: David Nikolic
Represented By: David L Warren, Jr
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Defendant: Spartan Investment Group, LLC
Represented By: David Nikolic
Represented By: David L Warren, Jr
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