BioClean Remediation LLC et al v. Vivial Media LLC
| BioClean Remediation LLC, Jerry Wiersig and Teri Wiersig |
| Vivial Media LLC |
| 2:2024cv00150 |
| February 8, 2024 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| R David Proctor |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 STATUS REPORT (Joint) by Vivial Media LLC. filed by Vivial Media LLC (Bolus, John) |
Filing 19
TEXT ORDER The parties convened for a telephone conference on March 19, 2024 to discuss the pending motions in this matter. As discussed at the telephone conference, on or before Wednesday, March 27, 2024, counsel for the parties SHALL meet and confer to discuss stipulating to the amount in controversy in this matter. The parties are DIRECTED to submit a joint status report on or before Friday, March 29, 2024 detailing the results of the meet and confer. Signed by Judge R David Proctor on 03/20/2024. (CLD)
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Filing 18
TEXT ORDER - This matter is before the court on Plaintiff's Motion to Stay Briefing on Motion to Compel Arbitration #12 . Because the Motion to Compel Arbitration #2 has already been fully briefed, the Motion to Stay #12 is ADMINISTRATIVELY TERMINATED as MOOT. Signed by Judge R David Proctor on 03/19/2024. (CLD)
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| Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 3/19/2024. Parties are to meet and confer and submit a joint report. Order to be entered by the court. (Court Reporter None) (KSS) |
| Filing 17 RESPONSE in Opposition re #11 First MOTION to Remand back to Jefferson County, Alabama, #12 First MOTION to Stay Briefing on Arbitration filed by Vivial Media LLC. (Bolus, John) |
| Filing 16 REPLY Brief filed by Defendant Vivial Media LLC re: #2 MOTION to Compel Arbitration, #3 Brief filed by Vivial Media LLC. (Bolus, John) |
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Filing 15
TEXT ORDER This case is SET for a telephone conference on Tuesday, March 19, 2024 at 11:00 A.M. The parties SHALL be prepared to discuss their positions regarding the pending motions in this matter. Counsel may participate in the telephone conference by dialing 866-434-5269. The access code is 6022965. Signed by Judge R David Proctor on 03/07/2024. (CLD)
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| Filing 14 RESPONSE in Opposition re #2 MOTION to Compel Arbitration filed by BioClean Remediation LLC, Jerry Wiersig, Teri Wiersig. (Attachments: #1 Exhibit A, AAA Commercial Rules)(Smith, Brenden) |
| Filing 13 NOTICE OF REASSIGNMENT -Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:24 CV 150 RDP on all subsequent pleadings. (AKD) |
| Telephone Conference set for March 5, 2023 is CANCELLED. (AKD) |
| Filing 12 First MOTION to Stay Briefing on Arbitration by BioClean Remediation LLC, Jerry Wiersig, Teri Wiersig. (Smith, Brenden) |
| Filing 11 First MOTION to Remand back to Jefferson County, Alabama by BioClean Remediation LLC, Jerry Wiersig, Teri Wiersig. (Attachments: #1 Exhibit "A", Declaration of Teri Wiersig)(Smith, Brenden) |
| Filing 10 NOTICE to remind parties of consent telephone conference scheduled for 10:00 AM on Tuesday, 3/5/24; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, the conference will be cancelled. (BST, ) |
| Filing 9 NOTICE OF REMOVAL by Vivial Media LLC (Amended) from Circuit Court of Jefferson County, Alabama, case number 01-CV-2023-904702.00. (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - Phocatox Litigation Complaint, #3 Exhibit C - Phocatox Litigation Order 11/16/22, #4 Exhibit D - J. Bolus Declaration)(Bolus, John) |
| Filing 8 NOTICE of Appearance by Brenden Lawrence Smith on behalf of All Plaintiffs (Smith, Brenden) |
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Filing 7
TEXT ORDER:The plaintiffs are ORDERED to file any response to the pending motion to compel arbitration (Doc. #2 ) within fourteen (14) calendar days of the date of this order. The defendant SHALL file any reply within seven (7) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 02/21/2024. (AKD)
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Filing 6
ORDER: Vivial is ORDERED, within seven calendar days, to file an amended notice of removal to properly allege each party's citizenship. Signed by Magistrate Judge Staci G Cornelius on 2/20/2024. (DNW)
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Filing 5
ORDER: 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 April 1, 2024. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a randomly drawn district judge without further order after April 1, 2024. A telephone status conference is SET for on March 5, 2024 at 10:00 AM. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. Signed by Magistrate Judge Staci G Cornelius on 2/20/2024. (DNW)
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| Filing 4 Corporate Disclosure Statement by Vivial Media LLC. filed by Vivial Media LLC (Bolus, John) |
| Filing 3 Brief re #2 MOTION to Compel Arbitration Memorandum of Law in Support. (Bolus, John) |
| Filing 2 MOTION to Compel Arbitration by Vivial Media LLC. (Attachments: #1 Affidavit)(Bolus, John) |
| State Court Complaint deemed filed in Circuit Court of Jefferson County, AL on 12/29/2023. (AKD) |
| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4524906 (ALND receipt# B-9981). related document #1 NOTICE OF REMOVAL by Vivial Media LLC from Circuit Court of Jefferson County, AL, case number 01-CV-2023-904702.00. (, filed by Vivial Media LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(AKD). (Bolus, John) Modified on 2/12/2024 (AKD). |
| Filing 1 NOTICE OF REMOVAL by Vivial Media LLC from Circuit Court of Jefferson County, AL, case number 01-CV-2023-904702.00. (, filed by Vivial Media LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(AKD) |
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