RocketBar LLC v. Lakshmi Distributors LLC et al
| RocketBar LLC |
| Lakshmi Distributors LLC and Circle K Stores Inc |
| 5:2022cv00470 |
| April 13, 2022 |
| US District Court for the Northern District of Alabama |
| Liles C Burke |
| Herman N Johnson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 39
REPLY Brief filed by Defendant Lakshmi Distributors LLC re: #32 MOTION to Dismiss filed by Lakshmi Distributors LLC. (Burgess, C)
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Filing 38
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 6/2/2022. (AHI)
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Filing 37
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 Liles C. Burke. Please use case number 5:22-cv-470-LCB on all subsequent pleadings. (AHI)
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Filing 36
TEXT ORDER granting #35 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge Herman N Johnson, Jr on May 17, 2022. (ADH)
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PHV Fee paid: $ 75, receipt number AALNDC-4087410 (B4601120324). (Reynolds, Robert) Modified on 5/18/2022 (AHI).
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Minute Entry for proceedings held before Magistrate Judge Herman N Johnson, Jr: Telephone Conference held on 5/16/2022. (SHB, )
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Filing 35
MOTION for Leave to Appear Pro Hac Vice on Behalf of Plaintiff Motion is RIPE 5/12/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by RocketBar LLC. (Reynolds, Robert)
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Filing 34
ORDER: Plaintiff to respond to Motion to Dismiss within 14 days; Defendant may reply within 7 days thereafter. Signed by Magistrate Judge Herman N Johnson, Jr on 5/12/22. (BJL)
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Filing 33
Brief re #32 MOTION to Dismiss by Lakshmi Distributors, LLC. (Burgess, C)
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Filing 32
MOTION to Dismiss by Lakshmi Distributors LLC. (Burgess, C) (Additional attachment(s) added on 6/10/2022: #1 Proposed Order) (SPT, ).
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Filing 31
ORDER: The Court GRANTS the #29 Motion for Extension of Time to File Response and Reply; Plaintiff's Response due by 5/18/2022; Defendant's reply, if any, is due within 7 days of plaintiff's response. Signed by Magistrate Judge Herman N Johnson, Jr on 5/10/2022. (AHI)
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Filing 30
NOTICE of Appearance by Robert P Reynolds on behalf of RocketBar LLC (Reynolds, Robert)
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Filing 29
Consent MOTION for Extension of Time to File Response/Reply as to #13 Motion is RIPE 5/9/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by RocketBar LLC. (Attachments: #1 Text of Proposed Order Agreed Order On Plaintiff's Motion For Enlargement of Time to File Response to Defendant Circle K Stores, Inc.'s Motion To Dismiss Second Amended Complaint)(McCartney, William)
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Filing 28
NOTICE of Appearance by William E McCartney on behalf of RocketBar LLC (McCartney, William)
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Filing 27
ORDER granting #26 Motion for Extension of Time to Answer. Lakshmi Distributors, LLC, to answer or otherwise respond to the Second Amended Complaint by May 11, 2022. Signed by Magistrate Judge Herman N Johnson, Jr on 4/28/22. (BJL)
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Filing 26
MOTION for Extension of Time to File Answer re #9 Amended Complaint Motion is RIPE 4/27/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Lakshmi Distributors LLC. (Burgess, C)
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Filing 25
NOTICE of Appearance by Douglas Grayson Miller on behalf of Circle K Stores Inc (Miller, Douglas)
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Filing 24
ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge by no later than May 30, 2022, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 4/18/22. (BJL)
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Filing 23
ORDER: The court SETS a telephone status conference for 9:30 a.m. on Monday, May 16, 2022. Signed by Magistrate Judge Herman N Johnson, Jr on 4/18/22. (BJL)
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Filing 22
ORDER: On April 12, 2022, Defendant Circle K Stores, Inc., filed a Motion to Dismiss. Plaintiff shall file a response to the motion within 14 days of the entry date of this order. Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Herman N Johnson, Jr on 4/18/22. (BJL)
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Filing 21
NOTICE of Appearance by L Franklin Corley, IV on behalf of Lakshmi Distributors LLC (Corley, L)
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Filing 20
NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL)
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Filing 19
NOTICE of Appearance by C Gregory Burgess on behalf of Lakshmi Distributors LLC (Burgess, C)
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Filing 18
Case transferred in from District of Florida Southern; Case Number 0:22-cv-60582. Original file certified copy of transfer order and docket sheet received.
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Filing 17
ORDER granting #16 Unopposed Motion to Transfer Venue. Transferring Case to the United States District Court for the Northern District of Alabama, Northeastern Division. Signed by Judge Raag Singhal on 4/13/2022. See attached document for full details. (ls) [Transferred from Florida Southern on 4/13/2022.]
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Filing 16
MOTION for Order of Sale , Unopposed MOTION to Change Venue and Incorporated Memorandum of Law ( Responses due by 4/27/2022) by Lakshmi Distributors LLC. (Oldenburg, Tyler) [Transferred from Florida Southern on 4/13/2022.]
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Filing 15
NOTICE of Attorney Appearance by Tyler James Oldenburg on behalf of Lakshmi Distributors LLC. Attorney Tyler James Oldenburg added to party Lakshmi Distributors LLC(pty:dft). (Oldenburg, Tyler) [Transferred from Florida Southern on 4/13/2022.]
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Civil Case Terminated. Closing Case. (ls) [Transferred from Florida Southern on 4/13/2022.]
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Filing 14
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Circle K Stores Inc. (German, John) [Transferred from Florida Southern on 4/13/2022.]
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Filing 13
MOTION to Dismiss with Prejudice #9 Amended Complaint/Amended Notice of Removal by Circle K Stores Inc.. Responses due by 4/26/2022 (Vine, S.) [Transferred from Florida Southern on 4/13/2022.]
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Filing 12
NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Circle K Stores Inc.. Attorney S. Jonathan Vine added to party Circle K Stores Inc.(pty:dft). (Vine, S.) [Transferred from Florida Southern on 4/13/2022.]
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Filing 11
NOTICE of Attorney Appearance by Erika Agosto on behalf of Circle K Stores Inc.. Attorney Erika Agosto added to party Circle K Stores Inc.(pty:dft). (Agosto, Erika) [Transferred from Florida Southern on 4/13/2022.]
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Filing 10
NOTICE of Attorney Appearance by John Cody German on behalf of Circle K Stores Inc.. Attorney John Cody German added to party Circle K Stores Inc.(pty:dft). (German, John) [Transferred from Florida Southern on 4/13/2022.]
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Filing 9
Second AMENDED COMPLAINT against All Defendants, filed by RocketBar LLC. (Attachments: #1 Exhibit A, #2 Exhibit Exhibit B)(Grant, Joey) [Transferred from Florida Southern on 4/13/2022.]
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Filing 8
ORDER. Plaintiff's Amended Complaint DE #7 is DISMISSED WITHOUT PREJUDICE to file a Second Amended Complaint that complies with Eleventh Circuit diversity jurisdiction precedent and alleges the members of Rocketbar LLC and Lakshmi Distributors, LLC, and their states of citizenship. The Second Amended Complaint shall be filed by April 29, 2022. (Amended Complaint due by 4/29/2022) Signed by Judge Raag Singhal on 3/25/2022. See attached document for full details. (ebz) [Transferred from Florida Southern on 4/13/2022.]
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Filing 7
AMENDED COMPLAINT against All Defendants, filed by RocketBar LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Grant, Joey) [Transferred from Florida Southern on 4/13/2022.]
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Filing 6
ORDER. On or before April 6, 2022, Plaintiffs shall file an Amended Complaint that properly alleges the basis of diversity jurisdiction. Failure to timely file the Amended Complaint or to properly allege diversity jurisdiction will result in dismissal of this case without prejudice. (Amended Complaint due by 4/6/2022) Signed by Judge Raag Singhal on 3/22/2022. See attached document for full details. (ebz) [Transferred from Florida Southern on 4/13/2022.]
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 3/22/2022. (pb00) [Transferred from Florida Southern on 4/13/2022.]
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Filing 4
NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 3/22/2022. (pb00) [Transferred from Florida Southern on 4/13/2022.]
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Filing 3
Summons Issued as to Circle K Stores Inc., Lakshmi Distributors LLC. (Attachments: #1 Summon(s))(ebz) [Transferred from Florida Southern on 4/13/2022.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ebz) [Transferred from Florida Southern on 4/13/2022.]
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15493165, filed by RocketBar LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summon(s) Summons - Circle K, #4 Summon(s) Summons - Lakshmi, #5 Civil Cover Sheet Civil Cover Sheet)(Grant, Joey) [Transferred from Florida Southern on 4/13/2022.]
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