Millard Refrigerated Services, Inc. v. Progressive Environmental Services, Inc. et al
Plaintiff: Millard Refrigerated Services, Inc.
Defendant: Metawise Group, Inc. and Progressive Environmental Services, Inc.
Not Classified By Court: Sunrise Dragon International,Inc.
Case Number: 1:2013cv00337
Filed: July 2, 2013
Court: US District Court for the Southern District of Alabama
Office: Mobile Office
County: Mobile
Presiding Judge: William E Cassady
Referring Judge: Callie V S Granade
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 7, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2017 Opinion or Order Filing 150 ENDORSED ORDER, finding as MOOT #142 Motion to Modify Stay. Signed by Senior Judge Callie V. S. Granade on 2/7/2017. (mab)
February 6, 2017 Opinion or Order Filing 149 ORDER, DISMISSING with prejudice Plaintiff's claims against Progressive Environmental Service, Inc., and placing case on the Court's administrative docket pending resolution of the Bankruptcy proceedings as to Metawise Group, Inc. The parties are ORDERED to notify the Court within 30 days of the resolution of the bankruptcy proceedings, or a lift of the stay. Signed by Senior Judge Callie V. S. Granade on 2/6/2017. (mab)
February 6, 2017 Filing 148 RESPONSE TO ORDER TO SHOW CAUSE re: #147 Order, Set Deadlines,,,,,, filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
February 6, 2017 REFERRAL OF #148 Response to Order to Show Cause to Senior Judge Granade. (mab)
January 23, 2017 Opinion or Order Filing 147 Order re: #146 Joint Stipulation of Dismissal with Prejudice. Unless Metawise Group, Inc., files an objection on or before 1/30/2017, Plf's claims against Progressive shall be deemed dismissed w/prejudice, with each party to bear its own costs. In the event no objection is filed, Plf's #82 motion for summary judgment against Progressive & Progressive's #99 motion for summary judgment against Millard will be deemed moot without further order from the Court. In the event no objection is filed, Plf is to show cause, NLT 2/6/2017, why this action should not be placed on the Court's administrative docket pending resolution of the Bankruptcy case as to Metawise Group, Inc. Signed by Senior Judge Callie V. S. Granade on 1/23/2017. (tot)
January 23, 2017 Filing 146 STIPULATION of Dismissal with Prejudice of Plaintiff's Claims against Progressive Environmental Services, Inc. by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
January 23, 2017 REFERRAL OF #146 Joint Stipulation of Dismissal to Judge Granade. (tot)
April 6, 2016 REFERRAL OF #145 Memorandum in Opposition to #142 MOTION to Modify Stay to Senior Judge Granade. (mab)
April 5, 2016 Filing 145 Memorandum in Opposition re #142 MOTION to Modify Stay filed by Progressive Environmental Services, Inc.. (Vitale, Michael)
March 29, 2016 Opinion or Order Filing 144 Order re: #142 MOTION to Modify Stay filed by Millard Refrigerated Services, Inc. Any response in opposition shall be filed no later than 4/5/2016. Signed by Senior Judge Callie V. S. Granade on 3/29/2016. (mab)
March 28, 2016 Filing 143 NOTICE of Filing Exhibits by Millard Refrigerated Services, Inc. re: #142 MOTION to Modify Stay (Attachments: #1 Exhibit A-Plan of Liquidation, #2 Exhibit B-Bankruptcy Schedules) (Strasavich, Michael)
March 28, 2016 Filing 142 MOTION to Modify Stay by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
March 28, 2016 REFERRAL OF #142 MOTION to Modify Stay, and #143 Notice of Filing Evidence in support to Senior Judge Callie V. S. Granade. (mab)
September 11, 2015 Opinion or Order Filing 141 ORDER, DENYING Plaintiff's #132 request to modify the stay. Signed by Judge Callie V. S. Granade on 9/11/2015. (mab)
September 1, 2015 Filing 140 REPLY to #137 Response to Progressive's Memo in Opp to Notice of Filing Order of U.S. Bankruptcy Court filed by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Vitale, Michael)
September 1, 2015 REFERRAL OF #140 Reply in Opposition to Plf's Response to Dft's Memorandum in Opposition to Notice of Filing Order of the U.S. Bankruptcy Court to Judge Granade. (tot)
August 25, 2015 Opinion or Order Filing 139 ENDORSED ORDER, GRANTING #138 Defendant's Motion for Leave to File Reply Memorandum to Plaintiff's Memorandum in Response to Progressive's Memorandum in Opposition to Notice of Filing Order of the U.S. Bankruptcy Court. Progressive Environmental Services, Inc.'s reply memorandum shall be filed not later than September 1, 2015. No further responses/replies are permitted. The Court will take the motion under submission on September 2, 2015. Signed by Judge Callie V. S. Granade on 8/25/2015. (mab)
August 24, 2015 Filing 138 MOTION for Leave to File Reply Memorandum to Plaintiff's Memorandum in Response to Progressive's Memorandum in Opposition to Notice of Filing Order of the U.S. Bankruptcy Court by Progressive Environmental Services, Inc.. (Etscorn, James)
August 24, 2015 MOTIONS REFERRED: #138 MOTION for Leave to File Reply Memorandum to Plaintiff's #137 Memorandum in Response to Progressive's #134 Memorandum in Opposition to #132 Notice of Filing Order of the U.S. Bankruptcy Court; Referred to Judge Callie V. S. Granade. (mab)
August 20, 2015 Filing 137 RESPONSE to #134 Memorandum in Opposition, filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
August 20, 2015 REFERRAL OF #137 Response to #134 Memorandum in Opposition to #132 NOTICE of Filing Order of United States Bankruptcy Court to Judge Granade. (mab)
August 17, 2015 Opinion or Order Filing 136 Endorsed Order GRANTING Millard's #135 MOTION for Leave to File Response to Progressive's #134 Memorandum in Opposition to #132 NOTICE of Filing Order of United States Bankruptcy Court in Compliance with Order of December 19, 2014 & MOTION to Lift Stay and Proceed to Adjudicate Case. Millard's Reply to Progressive's Memorandum in Opposition is due 8/20/2015. Signed by Judge Callie V. S. Granade on 8/17/2015. (tot)
August 12, 2015 REFERRAL OF #135 MOTION for Leave to File Response to Progressive's Memorandum in Opposition to Judge Granade. (tot)
August 10, 2015 Filing 135 MOTION for Leave to File Response to Progressive's Memorandum in Opposition by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
August 7, 2015 Filing 134 Memorandum in Opposition re #132 NOTICE by Millard Refrigerated Services, Inc. of United States Bankruptcy Court in Compliance with Order of December 19, 2014 (Doc. #125 , and MOTION to Lift Stay and proceed to adjudicate case filed by Progressive Environmental Services, Inc.. (Etscorn, James)
August 7, 2015 REFERRAL OF #134 Memorandum in Opposition to #132 NOTICE of Filing Order of United States Bankruptcy Court in Compliance with Order of December 19, 2014,to Judge Granade. (tot)
August 4, 2015 Opinion or Order Filing 133 Order re: #132 NOTICE of Filing Order of USBC in Compliance w/Order of 12/19/14 & MOTION to Lift Stay and Proceed to Adjudicate Case filed by Millard Refrigerated Services, Inc. Responses due by 8/7/2015. Signed by Judge Callie V. S. Granade on 8/4/2015. (tot)
July 30, 2015 Filing 132 NOTICE by Millard Refrigerated Services, Inc. of United States Bankruptcy Court in Compliance with Order of December 19, 2014 (Doc. #125 , and MOTION to Lift Stay and proceed to adjudicate case (Attachments: #1 Exhibit A) (Strasavich, Michael) Modified on 7/30/2015 (mab).
July 30, 2015 MOTIONS REFERRED: #132 NOTICE by Millard Refrigerated Services, Inc. of United States Bankruptcy Court in Compliance with Order of December 19, 2014 (Doc. #125 , and MOTION to Lift Stay and proceed to adjudicate case; Referred to Judge Callie V. S. Granade. (mab)
March 5, 2015 Opinion or Order Filing 131 ORDER, DENYING #126 Motion to Modify Stay. Signed by Judge Callie V. S. Granade on 3/5/2015. (mab)
February 2, 2015 Opinion or Order Filing 130 ENDORSED ORDER, GRANTING #129 Progressive Environmental Services, Inc.'s Motion to File Memorandum in Opposition to Motion to Modify Stay Out Of Time. Signed by Judge Callie V. S. Granade on 2/2/2015. (mab)
January 30, 2015 Filing 129 MOTION for Leave to File Memorandum in Opposition Out of Time by Progressive Environmental Services, Inc.. (Vitale, Michael)
January 30, 2015 Filing 128 Memorandum in Opposition re #126 MOTION to Modify Stay filed by Progressive Environmental Services, Inc.. (Vitale, Michael)
January 30, 2015 MOTIONS REFERRED: #129 MOTION for Leave to File Memorandum in Opposition Out of Time Referred to Judge Callie V. S. Granade. (mab)
January 30, 2015 REFERRAL OF #128 Memorandum in Opposition to #126 MOTION to Modify Stay to Judge Granade. (mab)
January 21, 2015 Opinion or Order Filing 127 Order Setting Motion Deadline re: #126 MOTION to Modify Stay filed by Millard Refrigerated Services, Inc.. Responses due by 1/28/2015. Motion to be taken under submission on 1/29/2015. Signed by Judge Callie V. S. Granade on 1/21/2015. copies to parties. (sdb)
January 15, 2015 Filing 126 MOTION to Modify Stay by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
January 15, 2015 MOTIONS REFERRED: #126 MOTION to Modify Stay Referred to Judge Callie V. S. Granade. (mab)
December 19, 2014 Opinion or Order Filing 125 ORDER re: #124 Notice Regarding Pending Bankruptcy Proceedings for Defendant Metawise Group, Inc.; this action is STAYED. The parties must notify the court within 30 days of the resolution of bankruptcy proceedings, or of a lift of the stay, at which time this action will be re-instated. Signed by Judge Callie V. S. Granade on 12/19/2014. (copy to Deft. Metawise Group, Inc.) (mab)
December 18, 2014 REFERRAL OF #124 Notice Regarding Pending Bankruptcy Proceedings for Dft Metawise Group, Inc., to Judge Granade. (tot)
December 17, 2014 Filing 124 NOTICE by Progressive Environmental Services, Inc. re #122 Order, Set Deadlines,,,, re Pending Bankruptcy Proceedings for Defendant Metawise Group, Inc. (Attachments: #1 Exhibit) (Vitale, Michael)
December 11, 2014 Filing 123 Clerk's ENTRY OF DEFAULT as to Metawise Group, Inc. (mab)
December 11, 2014 Opinion or Order Filing 122 Order, finding that Metawise's failure to comply with the Court's order constitutes failure to defend and prosecute; directing the clerk to strike Metawise's cross-claim and counterclaim, (contained in Doc. #19 ), and enter a default against Metawise Group, Inc., and directing Millard Refrigerated Services, Inc., and Progressive Environmental Services, Inc., d/b/a Eagle-SWS to file their respective motions for default judgment against Metawise Group, Inc. by 1/5/2015. Signed by Judge Callie V. S. Granade on 12/11/2014. (copy to Metawise Group, Inc.) (mab)
October 31, 2014 Filing 121 Notice of inability to obtain counsel by Metawise Group, Inc.; Referred to Judge Callie V. S. Granade. (mab)
October 31, 2014 REFERRAL OF #120 Limited Opposition to Progressive Environmental Services' #119 Reply in Support of Its #99 Motion for Partial Summary Judgment to the Extent it Seeks to Have the Declaration of Craig Foil Stricken or Other Evidence Excluded to Judge Granade. (mab)
October 30, 2014 Filing 120 REPLY to #119 Reply to Response to Motion Limited Opposition to Progressive Environmental Services' Reply in Support of its Motion for Partial Summary Judgment to the Extent it Seeks to Have the Declaration of Craig Foil Stricken or Other Evidence Excluded filed by Millard Refrigerated Services, Inc.. (Attachments: #1 Exhibit A) (Strasavich, Michael)
October 28, 2014 Filing 119 REPLY to Response to Motion #99 in support of Motion for Partial Summary Judgment filed by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Vitale, Michael)
October 20, 2014 Filing 118 REPLY to #95 MOTION for Summary Judgment against Metawise Group, Inc. in support of Motion for Summary Judgment filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 20, 2014 REFERRAL OF #87 MOTION for Summary Judgment Against Defendant Metawise Group, Inc., #117 Reply to Motion for Summary Judgment Against Defendant Metawise Group, Inc., to Judge Granade. (tot)
October 20, 2014 REFERRAL OF #95 MOTION for Summary Judgment against Metawise Group, Inc., #118 Reply in Support of Motion for Summary Judgment Against Metawise Group, Inc., to Judge Granade. (tot)
October 17, 2014 Filing 117 REPLY to #87 MOTION for Summary Judgment Against Defendant Metawise Group, Inc. in support of Motion for Summary Judgment filed by Progressive Environmental Services, Inc.. (Vitale, Michael)
October 17, 2014 Opinion or Order Filing 116 ENDORSED ORDER, GRANTING #114 MOTION for Extension of Time to retain counsel filed by Metawise Group, Inc., and EXTENDING the deadline for new counsel to file a notice of appearance to 10/30/2014. Signed by Judge Callie V. S. Granade on 10/17/2014. (copy mailed to Metawise Group, Inc.) (mab)
October 17, 2014 Filing 115 RESPONSE to Motion re: #114 MOTION for Extension of Time filed by Millard Refrigerated Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Strasavich, Michael)
October 15, 2014 Filing 114 MOTION for Extension of Time to retain counsel by Metawise Group, Inc.; Referred to Judge Callie V. S. Granade. (mab)
October 14, 2014 Filing 113 RESPONSE in Opposition re #99 MOTION for Summary Judgment Partial, Against Plaintiff Millard filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 9, 2014 Opinion or Order Filing 112 ENDORSED ORDER, GRANTING #109 Millard's Motion for Leave to Exceed Page Limitation. Signed by Judge Callie V. S. Granade on 10/9/2014. (mab)
October 9, 2014 REFERRAL OF #82 MOTION for Summary Judgment, #83 Brief in Support, #84 Proposed Findings of Fact, #85 Notice of Filing Exhibits; #106 Memorandum in Opposition; and #110 Reply to Response to Motion and #111 Notice of Filing Exhibits to Judge Callie V. S. Granade. (mab) Modified on 10/9/2014 (mab).
October 8, 2014 Filing 111 NOTICE of Filing Exhibits by Millard Refrigerated Services, Inc. re: #110 Reply to Response to Motion (Attachments: #1 Exhibit N, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit T) (Strasavich, Michael)
October 8, 2014 Filing 110 REPLY to Response to Motion #82 filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 8, 2014 Filing 109 MOTION for Leave to File Excess Pages by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 8, 2014 MOTIONS REFERRED: #109 MOTION for Leave to Exceed Page Limitation re: reply to #82 M/SJ; Referred to Judge Callie V. S. Granade. (mab)
September 29, 2014 Filing 108 RETURN OF SERVICE of Order Doc. #81 served 9/24/2014 as to Metawise Group, Inc., c/o Dong Ji, CEO (mab)
September 24, 2014 Opinion or Order Filing 107 Order on #95 MOTION for Summary Judgment against Metawise Group, Inc. and #99 MOTION for Summary Judgment Partial, Against Plaintiff Millard, setting response time as follows: Response to S/J due by 10/14/2014. Replies to Response to S/J due by 10/28/2014. Motion to be taken under submission on 10/29/2014. Signed by Judge Callie V. S. Granade on 9/24/2014. copies to parties. (sdb)
September 24, 2014 Filing 106 Memorandum in Opposition re #83 Brief filed by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit A - Thompson Declaration, #2 Exhibit B - Foil Deposition II, #3 Exhibit C - Newman Deposition, #4 Exhibit D - Barrie Deposition, #5 Exhibit E - Thompson Deposition, #6 Exhibit F - Foil Deposition I) (Vitale, Michael)
September 23, 2014 Filing 105 Evidentiary Material - Deposition of Craig Foil filed by Progressive Environmental Services, Inc. re: #101 Evidentiary Material,, #100 Memorandum in Support. (Vitale, Michael)
September 23, 2014 Filing 104 Evidentiary Material - Deposition of Harry Newman filed by Progressive Environmental Services, Inc. re: #101 Evidentiary Material,, #100 Memorandum in Support. (Vitale, Michael)
September 23, 2014 Filing 103 Evidentiary Material - Deposition of Capt. Michael Barrie filed by Progressive Environmental Services, Inc. re: #101 Evidentiary Material,, #100 Memorandum in Support. (Vitale, Michael)
September 23, 2014 Filing 102 There is no Doc. 102. The deposition was filed in error. Modified on 9/24/2014 (mab).
September 23, 2014 Filing 101 Evidentiary Material Notice of Filing filed by Progressive Environmental Services, Inc. re: #100 Memorandum in Support. (Attachments: #1 Declaration of Thompson, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration, #10 Exhibit I to Declaration, #11 Exhibit J to Declaration) (Vitale, Michael)
September 23, 2014 Filing 100 Memorandum in Support re #99 MOTION for Summary Judgment Partial, Against Plaintiff Millard With Incorporated Statement of Undisputed Material Facts filed by Progressive Environmental Services, Inc.. (Vitale, Michael)
September 23, 2014 Filing 99 MOTION for Summary Judgment Partial, Against Plaintiff Millard by Progressive Environmental Services, Inc.. (Vitale, Michael)
September 22, 2014 Filing 98 NOTICE of Filing Exhibits by Millard Refrigerated Services, Inc. re: #96 Memorandum in Support, #85 Notice of Filing Exhibits,, #95 MOTION for Summary Judgment against Metawise Group, Inc. filed by Millard Refrigerated Services, Inc.. (Attachments: #1 Exhibit N) (Strasavich, Michael)
September 22, 2014 Filing 97 Proposed Findings of Fact re #96 Memorandum in Support, #95 MOTION for Summary Judgment against Metawise Group, Inc. by Millard Refrigerated Services, Inc. filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
September 22, 2014 Filing 96 Memorandum in Support re #95 MOTION for Summary Judgment against Metawise Group, Inc. and Narrative Statement of Undisputed Facts filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
September 22, 2014 Filing 95 MOTION for Summary Judgment against Metawise Group, Inc. by Millard Refrigerated Services, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Strasavich, Michael) (Note: Case stayed as to Deft. Metawise, see Order (Doc. #149 ). Modified on 8/16/2018 (mab).
September 22, 2014 Opinion or Order Filing 94 Order, DENYING #93 MOTION of Metawise Group, Inc. to represent itself; Ordering Metawise Group, Inc. to obtain counsel, and granting additional time to do so. Counsel for Metawise Group, Inc. shall file a notice of appearance on or before October 6, 2014. Failure of new counsel to file a notice of appearance by that date will result in default judgment being entered against Metawise Group, Inc. Signed by Judge Callie V. S. Granade on 9/22/2014. (copy to Metawise Group, Inc.) (mab)
September 19, 2014 Filing 93 MOTION to be allowed to represent itself, filed by Metawise Group, Inc.; Referred to Judge Callie V. S. Granade. (mab)
September 17, 2014 Opinion or Order Filing 92 Order re #87 MOTION for Summary Judgment Against Defendant Metawise Group, Inc. setting response time as follows: Response to S/J due by 10/7/2014. Reply to Response to S/J due by 10/21/2014. Motion to be taken under submission on 10/22/2014.. Signed by Judge Callie V. S. Granade on 9/17/2014. (mab)
September 16, 2014 Filing 91 Evidentiary Material Deposition Transcript of Harry Newman filed by Progressive Environmental Services, Inc. re: #89 Notice of Filing Exhibits,, #88 Memorandum in Support. (Etscorn, James)
September 16, 2014 Filing 90 Evidentiary Material Deposition Transcript of Capt. Michael Barrie filed by Progressive Environmental Services, Inc. re: #89 Notice of Filing Exhibits,, #88 Memorandum in Support. (Etscorn, James)
September 16, 2014 Filing 89 NOTICE of Filing Exhibits (Evidentiary Materials in Support of MSJ by Progressive Environmental Services, Inc. re: #88 Memorandum in Support filed by Progressive Environmental Services, Inc.. (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration, #10 Exhibit I to Declaration, #11 Exhibit J to Declaration) (Etscorn, James)
September 16, 2014 Filing 88 Memorandum in Support re #87 MOTION for Summary Judgment Against Defendant Metawise Group, Inc. filed by Progressive Environmental Services, Inc.. (Etscorn, James)
September 16, 2014 Filing 87 MOTION for Summary Judgment Against Defendant Metawise Group, Inc. by Progressive Environmental Services, Inc. (Etscorn, James) (Note: Case stayed as to Deft. Metawise, see Order (Doc. #149 ). Modified 8/16/2018
September 8, 2014 Opinion or Order Filing 86 Order re #82 MOTION for Summary Judgment, setting response time as follows: Response to S/J due by 9/24/2014. Reply to Response to S/J due by 10/8/2014. Motion to be taken under submission on 10/9/2014. Signed by Judge Callie V. S. Granade on 9/8/2014. (mab)
September 3, 2014 Filing 85 NOTICE of Filing Exhibits by Millard Refrigerated Services, Inc. re: #84 Proposed Findings of Fact, #83 Brief, #82 MOTION for Summary Judgment filed by Millard Refrigerated Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Strasavich, Michael)
September 3, 2014 Filing 84 Proposed Findings of Fact re #82 MOTION for Summary Judgment , #83 Brief by Millard Refrigerated Services, Inc. filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
September 3, 2014 Filing 83 Brief filed by Millard Refrigerated Services, Inc. re #82 MOTION for Summary Judgment and Narrative Statement of Undisputed Facts filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
September 3, 2014 Filing 82 MOTION for Summary Judgment against Progressive Environmental Services, Inc., filed by Millard Refrigerated Services, Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (Strasavich, Michael)
August 26, 2014 Opinion or Order Filing 81 Order, GRANTING #80 MOTION for Alex F. Lankford, III, Douglas W. Fink, Paul T. Beckmann and the law firm Hand Arendall LLC to Withdraw as Attorney on behalf of Metawise Group, Inc.; and ORDERING Metawise Group, Inc. to obtain counsel; and directing new counsel to file a notice of appearance by 9/16/14. Failure to comply will result in entry of default judgment against Metawise Group, Inc. Signed by Judge Callie V. S. Granade on 8/26/2014. (Copy to Metawise Group via certified mail, return receipt.) (mab) (Additional attachment(s) added on 8/26/2014: #1 Certified Mail Receipt) (mab).
August 25, 2014 Filing 80 MOTION for Alex F. Lankford, III, Douglas W. Fink, Paul T. Beckmann and the law firm Hand Arendall LLC to Withdraw as Attorney by Metawise Group, Inc.. (Beckmann, Paul)
August 25, 2014 MOTIONS REFERRED: #80 MOTION for Alex F. Lankford, III, Douglas W. Fink, Paul T. Beckmann and the law firm Hand Arendall LLC to Withdraw as Attorney Referred to Judge Callie V. S. Granade. (mab)
August 15, 2014 Opinion or Order Filing 79 Order DENYING Dft Metawise's #78 MOTION for Mediation without prejudice to it being refiled at a later date as set out. If no dispositive motions are filed in this case, parties should supplement their joint assessment regarding settlement & ADR by 9/26/2014. Metawise may refile its motion for mediation at that time. However, if dispositive motions are filed, the parties should supplement their joint assessment by the date briefing closes on all dispositive motions, & Metawise should wait until that date to refile its motion for mediation if it still seeks mediation at that time. Signed by Magistrate Judge William E. Cassady on 8/15/2014. (tot)
August 11, 2014 Filing 78 MOTION for Mediation by Metawise Group, Inc.. (Beckmann, Paul)
August 11, 2014 Filing 77 Joint Position Regarding Settlement Possibility through Alternative Dispute Resolution filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
August 5, 2014 Filing 76 Notice of Filing Millard's Responses to Metawise Group, Inc.'s First Set of Interrogatories and First Requests for Production filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
July 29, 2014 Filing 75 NOTICE by Progressive Environmental Services, Inc. Notice of Service of Notice of Videotaped Deposition (Vitale, Michael)
July 28, 2014 Filing 74 Notice of Filing Notice of Videotaped Deposition of William R. "Bucky" Thompson and Notice of Videotaped Deposition of Progressive Environmental Services, Inc. filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
July 15, 2014 Filing 73 NOTICE of Appearance by James B. Newman on behalf of Sunrise Dragon International,Inc. (Newman, James)
July 15, 2014 Opinion or Order Filing 72 ENDORSED ORDER granting #71 Motion for Extension of Time Responses due by 7/21/2014. Signed by Magistrate Judge William E. Cassady on 7/15/2014. (Cassady, William)
July 14, 2014 Filing 71 MOTION for Extension of Time to Respond to Subpoena by Sunrise Dragon International,Inc.. (Attachments: #1 Exhibit Subpoena) (Newman, James)
July 3, 2014 Filing 70 Notice of Filing Notice of Service of Discovery filed by Metawise Group, Inc.. (Beckmann, Paul)
July 2, 2014 Filing 69 Notice of Filing Notice of Service filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
July 1, 2014 Opinion or Order Filing 68 ORDER DENYING #33 motion to stay or in the alternative to transfer. Signed by Judge Callie V. S. Granade on 7/1/2014. (mab)
June 2, 2014 Filing 67 NOTICE by Metawise Group, Inc. (Notice of Service of Metawise Group, Inc.'s Rule26(a)(2) Disclosures) (Beckmann, Paul)
April 17, 2014 Filing 66 Notice of Filing Plaintiff/Counter-Defendant's Rule 26(a)(2) Disclosures filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
March 27, 2014 Opinion or Order Filing 65 ENDORSED ORDER finding as moot #59 Motion for Default Judgment as to Metawise Group, Inc. Signed by Judge Callie V. S. Granade on 3/27/2014. (mab)
March 24, 2014 Filing 64 NOTICE of Appearance by Alex F. Lankford, III on behalf of Metawise Group, Inc. (Lankford, Alex)
March 24, 2014 Filing 63 NOTICE of Appearance by Paul Thomas Beckmann on behalf of Metawise Group, Inc. (Beckmann, Paul)
March 24, 2014 Filing 62 NOTICE of Appearance by Douglas W. Fink on behalf of Metawise Group, Inc. (Fink, Douglas)
March 20, 2014 Opinion or Order Filing 61 ENDORSED ORDER granting #60 Motion for Extension of Time. Metawise Group, Inc. is granted an extension until April 4, 2014 to have counsel file an appearance on its behalf. Signed by Judge Callie V. S. Granade on 3/20/2014. (mab)
March 20, 2014 Filing 60 MOTION for Extension of Time to arrange for a new attorney to file an appearance on its behalf, by Metawise Group, Inc.; Referred to Judge Callie V. S. Granade. (mab)
March 19, 2014 Filing 59 MOTION for Default Judgment as to Metawise Group, Inc. by Millard Refrigerated Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Strasavich, Michael)
March 11, 2014 Opinion or Order Filing 58 SUPPLEMENTAL RULE 16(b) SCHEDULING ORDER, granting Millard's #57 Motion for Extension of Time: Expert reports to be produced by Plaintiff by 4/17/2014, and by Defendants by 6/2/2014. Rule 26(a)(2)(C) disclosures due from plaintiffs by 4/17/2014, and from defendants by 6/2/2014. Rebuttal evidence to be produce by Defendants on or before 6/2/2014, and by Plaintiffs on or before 7/14/2014. Expert's deposition must be noticed and completed within 30 days of date on which report is disclosed. All challenges to expert witnesses, including Daubert motion must be filed in advance of pretrial conference and not later than 1/9/2015. Signed by Magistrate Judge William E. Cassady on 3/11/2014. (mab)
March 7, 2014 Filing 57 MOTION for Extension of Time for All Parties to Make Expert Disclosures by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
March 5, 2014 Filing 56 RETURN OF SERVICE of #55 Order served 2/24/14 as to Metawise Group, Inc. (sdb)
February 24, 2014 Opinion or Order Filing 55 Order, granting #54 MOTION to Withdraw as Counsel filed by McDowell Knight Roedder & Sledge, LLC, Richard M. Gaal, and Edward T. Rowe to Withdraw as Attorney for Metawise Group, Inc.; ordering Metawise Group, Inc. to obtain counsel to represent it in this action; directing counsel for Metawise to file a notice of appearance by 3/17/2014; advising that default judgment will be entered against Metawise Group, Inc. if it does not comply with this order; and directing the clerk to mail a copy of order to Metawise Group, Inc. at address on file with court. Signed by Judge Callie V. S. Granade on 2/24/2014. (mab) (Additional attachment(s) added on 2/24/2014: #1 Certified Mail Receipt) (mab).
February 21, 2014 Filing 54 MOTION for Richard M. Gaal, Edward T. Rowe to Withdraw as Attorney by Metawise Group, Inc.. (Gaal, Richard)
November 8, 2013 Filing 53 Notice of Filing non-party subpoenas to be issued to General Steamship Agencies, M.H. Barrie & Associates, Maritime & Commodities Services, Inc. and Maritime Inspection LLC filed by Millard Refrigerated Services, Inc.. (Kavanagh, John)
November 1, 2013 Filing 52 NOTICE by Millard Refrigerated Services, Inc. re #33 MOTION to Abstain and issue a Stay MOTION to Transfer of Filing Order of Florida State Court (Attachments: #1 Exhibit A) (Strasavich, Michael)
October 29, 2013 Filing 51 REPLY to Response to Motion #33 Abstain or in the Alternative to Transfer filed by Metawise Group, Inc.. (Rowe, Edward)
October 29, 2013 Filing 50 REPLY to Response to Motion #33 to Abstain or in the Alternative to Transfer filed by Metawise Group, Inc.. (Rowe, Edward)
October 25, 2013 Filing 49 Notice of Filing filed by Metawise Group, Inc.. (Rowe, Edward)
October 24, 2013 Filing 48 Notice of Filing Responses to Progressive's Interrogatories and Requests for Production filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 22, 2013 Filing 47 NOTICE of Filing Exhibits F - H by Millard Refrigerated Services, Inc. re: #44 Response to Motion (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H) (Strasavich, Michael)
October 22, 2013 Filing 46 NOTICE of Filing Exhibits D - E by Millard Refrigerated Services, Inc. re: #44 Response to Motion (Attachments: #1 Exhibit D, #2 Exhibit E) (Strasavich, Michael)
October 22, 2013 Filing 45 NOTICE of Filing Exhibits A - C by Millard Refrigerated Services, Inc. re: #44 Response to Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Strasavich, Michael)
October 22, 2013 Filing 44 RESPONSE to Motion re: #33 MOTION to Abstain and issue a Stay MOTION to Transfer filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 22, 2013 Filing 43 Memorandum in Opposition re #33 MOTION to Abstain and issue a Stay MOTION to Transfer filed by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit A - Declaration of Bucky Thompson, #2 Exhibit B - MESA, #3 Exhibit C - MSA, #4 Exhibit D - Assignment) (May Bolin, Christina)
October 21, 2013 Filing 42 Notice of Filing filed by Metawise Group, Inc.. (Rowe, Edward)
October 10, 2013 Filing 41 Notice of Filing Initial Disclosures filed by Metawise Group, Inc.. (Gaal, Richard)
October 10, 2013 Filing 40 Notice of Filing Initial Disclosures filed by Progressive Environmental Services, Inc.. (May Bolin, Christina)
October 10, 2013 Filing 39 Notice of Filing Initial Disclosures filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 10, 2013 Filing 38 Notice of Filing Notice of Deposition of Metawise Group, Inc. pursuant to FRCP Rule 30(B)(5) and (6) filed by Progressive Environmental Services, Inc.. (May Bolin, Christina)
October 9, 2013 Opinion or Order Filing 37 ORDER granting parties' motions (Docs. #31 , #32 and #34 ). Accordingly, it is hereby ORDERED that Metawise be given until October 21, 2013, to respond to discovery propounded by Millard, and until October 25, 2013, to respond to discovery propounded by Progressive. Millard shall be given until October 24, 2013, to respond to discovery propounded by Progressive, and Progressive shall be given until October 20, 2013, to respond to discovery propounded by Millard. Signed by Magistrate Judge William E. Cassady on 10/9/2013. (mab)
October 9, 2013 Filing 36 NOTICE of Appearance by Edward Thomas Rowe on behalf of Metawise Group, Inc. (Rowe, Edward)
October 8, 2013 Opinion or Order Filing 35 Order re: #33 MOTION to Abstain and issue a Stay, or in the Alternative to Transfer filed by Metawise Group, Inc. Any opposition to motion due by 10/22/2013. Replies due by 10/29/2013. Signed by Judge Callie V. S. Granade on 10/8/2013. (mab)
October 8, 2013 Filing 34 Unopposed MOTION for Extension of Time to Respond to Discovery by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
October 8, 2013 Filing 33 MOTION to Abstain, or in the Alternative, to Transfer, and Brief in Support, filed by Metawise Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Gaal, Richard). Added MOTION to Transfer on 10/8/2013 (mab).
October 7, 2013 Filing 32 Amended Unopposed MOTION for an Enlargement of Time for Defendant Metawise Group, Inc. to Respond to Discovery, filed by Metawise Group, Inc. (Gaal, Richard) Modified on 10/7/2013 (mab).
October 7, 2013 Filing 31 MOTION for Extension of Time to Complete Discovery by Metawise Group, Inc.. (Gaal, Richard) Amended motion filed at doc. #32 . Modified on 10/7/2013 (mab).
September 13, 2013 Opinion or Order Filing 30 RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 2/9/2015 at 9:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motion to amend pleadings due by 11/28/2013. Discovery cutoff 8/11/2014. Dispositive motion due by 9/24/2014. Jury trial set for the March 2015 trial term before Judge Granade. Jury Selection set for 3/3/2015. ETT 3-4 days. Position Regarding Settlement due by 8/11/2014. Signed by Magistrate Judge William E. Cassady on 9/13/2013. (Attachment: #1 Judge Granade's Standing Pretrial Order) (mab)
September 10, 2013 Filing 29 First Amended ANSWER to #18 Crossclaim by Metawise Group, Inc.. (Gaal, Richard) Modified on 9/12/2013 (tot).
September 6, 2013 Filing 28 Notice of Filing (Notice of Service of Discovery to Defendants) filed by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
September 6, 2013 Filing 27 REPORT of Rule 26(f) Planning Meeting (Joint). (Strasavich, Michael)
August 20, 2013 Filing 26 ANSWER to #18 Cross Claim by Metawise Group, Inc.. (Gaal, Richard) Modified on 8/21/2013 (tot).
August 20, 2013 Filing 25 ANSWER to #19 Crossclaim by Progressive Environmental Services, Inc. (May Bolin, Christina) Modified on 8/21/2013 (tot).
August 14, 2013 Opinion or Order Filing 24 ENDORSED ORDER granting #21 Defendants' Joint Motion for an Enlargement of Time to Respond to Cross Claims. Responses to cross claims due no later than August 20, 2013. Signed by Judge Callie V. S. Granade on 8/14/2013. (mab)
August 14, 2013 Filing 23 NOTICE of Endorsement by Metawise Group, Inc. re: #21 Joint MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim, Counterclaim,,, #18 Answer to Complaint (Notice of Removal), Crossclaim,, and Memorandum of Law in Support (Gaal, Richard)
August 13, 2013 Filing 22 ANSWER to #19 Answer to Complaint, Crossclaim, Counterclaim,,, by Millard Refrigerated Services, Inc.. (Strasavich, Michael)
August 13, 2013 Filing 21 Joint MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim, Counterclaim,,, #18 Answer to Complaint (Notice of Removal), Crossclaim,, and Memorandum of Law in Support by Progressive Environmental Services, Inc.. (Vitale, Michael)
July 24, 2013 Opinion or Order Filing 20 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 9/9/2013. Signed by Judge Callie V. S. Granade on 7/24/2013. (Attachment: #1 consent form) (mab)
July 24, 2013 Answer to #18 Cross-claim due from Metawise Group, Inc. by 8/13/2013; Answer to #19 Counterclaim due from Millard Refrigerated Services, Inc. by 8/13/2013; and Answer to #19 Cross-claim due from Progressive Environmental Services, Inc. by 8/13/2013. (mab)
July 23, 2013 Filing 19 ANSWER to Complaint, CROSSCLAIM against Progressive Environmental Services, Inc., COUNTERCLAIM against Millard Refrigerated Services, Inc. filed by Metawise Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Filed for Richard Gaal (jlr)) (Crossclaim and counterclaim stricken from the record pursuant to #122 Order.) Modified on 12/12/2014 (mab).
July 23, 2013 Filing 18 ANSWER to Complaint (Notice of Removal) , CROSSCLAIM against Metawise Group, Inc. by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit A (Master Sub w/Addendum), #2 Exhibit B (MESA), #3 Exhibit C (Assignment Agreement)) (May Bolin, Christina)
July 19, 2013 Opinion or Order Filing 17 ORDER granting motions for pro hac vice admission of James V. Etscorn (Doc. #15 ) and Michael S. Vitale (Doc. #16 ). Signed by Magistrate Judge William E. Cassady on 7/19/2013. (mab)
July 18, 2013 Filing 16 Ex Parte MOTION for Michael S. Vitale to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1458624, Online Credit Card Payment.) by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit Application for Admission to Practice, #2 Exhibit Certificates of Good Standing) (Vitale, Michael)
July 18, 2013 Filing 15 MOTION for James V. Etscorn to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1458614, Online Credit Card Payment.) by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit Application for Admission to Practice, #2 Exhibit Certificates of Good Standing) (Etscorn, James)
July 10, 2013 Opinion or Order Filing 14 Order, review of #4 , #7 , & #10 Corporate Disclosure Statements has not revealed any reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action. Signed by Magistrate Judge William E. Cassady on 7/10/2013. (mab)
July 10, 2013 Filing 13 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #10 filed by Metawise Group, Inc. (McDermott, Elizabeth)
July 10, 2013 Opinion or Order Filing 12 ENDORSED ORDER granting #9 Unopposed Motion for an Enlargement of Time for Defendant Progressive Environmental Services, Inc. to Respond to the Complaint, and granting #11 Unopposed Motion for an Enlargement of Time for Defendant Metawise Group, Inc. to Answer or Otherwise Respond to the Complaint. Answers due from Progressive Environmental Services, Inc. and from Metawise Group, Inc. by 7/23/2013. Signed by Judge Callie V. S. Granade on 7/10/2013. (mab)
July 9, 2013 Filing 11 MOTION for Extension of Time for Defendant Metawise Group, Inc. to Answer or Otherwise Respond to the Complaint by Metawise Group, Inc.. (Gaal, Richard)
July 9, 2013 Filing 10 Corporate Disclosure Statement filed by Defendant Metawise Group, Inc.. (Gaal, Richard)
July 9, 2013 Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Progressive Environmental Services, Inc.. (May Bolin, Christina)
July 8, 2013 Filing 8 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #7 filed by Progressive Environmental Services, Inc. (McDermott, Elizabeth)
July 8, 2013 Filing 7 Corporate Disclosure Statement filed by Defendant Progressive Environmental Services, Inc.. (May Bolin, Christina)
July 8, 2013 Filing 6 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #4 filed by Millard Refrigerated Services, Inc. (McDermott, Elizabeth)
July 3, 2013 Filing 5 Joinder in NOTICE OF REMOVAL by Metawise Group, Inc. () (Gaal, Richard)
July 3, 2013 Filing 4 Corporate Disclosure Statement filed by Plaintiff Millard Refrigerated Services, Inc.. (Kavanagh, John)
July 2, 2013 Filing 3 NOTICE by Progressive Environmental Services, Inc. re #1 Notice of Removal, Notice of Filing with Mobile County Circuit Court (May Bolin, Christina)
July 2, 2013 Filing 2 Copies of Local Rule 3.4 and blank Disclosure Statement form mailed/e-mailed to Defendants Metawise Group, Inc., Progressive Environmental Services, Inc., Plaintiff Millard Refrigerated Services, Inc.; Disclosure Statements Due 7/9/2013. (mab)
July 2, 2013 Filing 1 NOTICE OF REMOVAL by Progressive Environmental Services, Inc. from Circuit Court of Mobile County, Alabama, case number CV-2013-901450. ( Filing fee $ 400, Receipt number 1128-1451286, Online Credit Card Payment.), filed by Progressive Environmental Services, Inc.. (Attachments: #1 Exhibit A - State Court File) (May Bolin, Christina) (Additional attachment(s) added on 7/2/2013: #2 Civil Cover Sheet) (mab).
July 2, 2013 Answer due from Metawise Group, Inc. and Progressive Environmental Services, Inc. by 7/9/2013 pursuant to Rule 81(c). (mab)

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Search for this case: Millard Refrigerated Services, Inc. v. Progressive Environmental Services, Inc. et al
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Defendant: Metawise Group, Inc.
Represented By: Edward Thomas Rowe
Represented By: Douglas W. Fink
Represented By: Alex F. Lankford, III
Represented By: Richard M. Gaal
Represented By: Paul Thomas Beckmann
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Defendant: Progressive Environmental Services, Inc.
Represented By: James V. Etscorn
Represented By: Christina May Bolin
Represented By: Michael S. Vitale
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Plaintiff: Millard Refrigerated Services, Inc.
Represented By: Michael David Strasavich
Represented By: John P. Kavanagh, Jr.
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Not classified by court: Sunrise Dragon International,Inc.
Represented By: James B. Newman
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