Cai et al v. Zilkha Biomass Energy, LLC et al
| Yiqun Cai, Yan Rong, Jun Liu, Xinhui Wang, Miao Zhou, Yan Zhan, Rong Qiao, Xinyu Ou, Junfeng Zhang, Xiaoyan Hu, Xiao Tang and Yanpei Huang |
| Zilkha Biomass Energy, LLC, Nextgen Black Pellets, LLC, Zilkha Biomass Fuels I, LLC, Zilkha Biomass Fuels, LLC, Larry Price, Howard Lee, Jack Holmes, Selim Zilkha, Michael Zilkha, Charles Foster, Sunbelt GP Biomass-Selma, LLP and Zilkha Biomass Technologies, LLC. |
| 1:2022cv00104 |
| March 7, 2022 |
| US District Court for the Southern District of Alabama |
| Katherine P Nelson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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Filing 18
TEXT-ONLY ORDER re #17 Voluntary Motion to Dismiss: No defendant having yet served an answer or motion for summary judgment, the Plaintiffs' Voluntary Motion to Dismiss #17 , which cites Fed. R. Civ. P. 41(a)(1)(A)(i), is construed as a notice of voluntary dismissal under Rule 41(a)(1)(A)(i). Accordingly, this action was dismissed upon the filing of said notice. See Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) (per curiam) ("It is well established that Rule 41(a)(1)[] grants a plaintiff an unconditional right to dismiss his complaint by notice and without an order of the court at any time prior to the defendant's service of an answer or a motion for summary judgment. The dismissal is effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is required. The fact that a notice of dismissal is styled 'motion to dismiss' rather than 'notice of dismissal' is without consequence." (internal citations omitted)). The Clerk of Court is DIRECTED to administratively close this case. Signed by Magistrate Judge Katherine P. Nelson on 4/15/2022. (ctn)
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| Filing 17 MOTION to Dismiss Voluntary Motion to Dismiss filed by All Plaintiffs. (Clapp, Brandon) |
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Filing 16
Order directing the parties to file a second amended complaint by 4/15/2022. Signed by Magistrate Judge Katherine P. Nelson on 4/1/2022. (tgw)
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| Filing 15 AMENDED COMPLAINT against Zilkha Biomass Energy, LLC, Charles Foster, Jack Holmes, Howard Lee, Nextgen Black Pellets, LLC, Larry Price, Sunbelt GP Biomass-Selma, LLP, Michael Zilkha, Selim Zilkha, Zilkha Biomass Fuels I, LLC, Zilkha Biomass Technologies, LLC., filed by Jun Liu, Xinyu Ou, Yiqun Cai, Miao Zhou, Yan Zhan, Junfeng Zhang, Xiaoyan Hu, Yan Rong, Yanpei Huang, Xinhui Wang, Rong Qiao, Xiao Tang. (Finch, Fredrick) |
| Filing 14 SUMMONS Returned Executed by Yiqun Cai. Sunbelt GP Biomass-Selma, LLP served on 3/17/2022, answer due 4/7/2022 (Clapp, Brandon) |
| Filing 13 SUMMONS Returned Executed by Yiqun Cai. Selim Zilkha served on 3/14/2022, answer due 4/4/2022 (Clapp, Brandon) |
| Filing 12 SUMMONS Returned Executed by Yiqun Cai. Zilkha Biomass Technologies, LLC. served on 3/16/2022, answer due 4/6/2022 (Finch, Fredrick) |
| Filing 11 SUMMONS Returned Executed by Yiqun Cai. Zilkha Biomass Fuels I, LLC served on 3/16/2022, answer due 4/6/2022 (Finch, Fredrick) |
| Filing 10 SUMMONS Returned Executed by Yiqun Cai. Nextgen Black Pellets, LLC served on 3/16/2022, answer due 4/6/2022 (Finch, Fredrick) |
| Filing 9 SUMMONS Returned Executed by Yiqun Cai. Zilkha Biomass Energy, LLC served on 3/15/2022, answer due 4/5/2022 (Finch, Fredrick) |
| Filing 8 SUMMONS Returned Executed by Yiqun Cai. Michael Zilkha served on 3/15/2022, answer due 4/5/2022 (Finch, Fredrick) |
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Filing 7
Order directing the Plaintiffs to file an amended complaint by 3/28/2022. Signed by Magistrate Judge Katherine P. Nelson on 3/14/2022. (tgw)
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| Filing 6 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment Form) (tgw) |
| Filing 5 Service Notice entered 3/10/2022. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 4/21/2022. (tgw) |
| Filing 4 Summons Issued as to Zilkha Biomass Energy, LLC, Charles Foster, Jack Holmes, Howard Lee, Nextgen Black Pellets, LLC, Larry Price, Sunbelt GP Biomass-Selma, LLP, Michael Zilkha, Selim Zilkha, Zilkha Biomass Fuels I, LLC, Zilkha Biomass Technologies, LLC. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (tgw) |
| Filing 3 Filing fee: $ 402.00, receipt number 46031058060 (meh) |
| Filing 2 NOTICE of Filing Proposed Summons by All Plaintiffs to All Defendants (Clapp, Brandon) |
| Filing 1 COMPLAINT against All Defendants ( IFP.), filed by All Plaintiffs. 90 day Rule 4m deadline set for 6/6/2022. (Attachments: #1 Civil Cover Sheet) (Finch, Fredrick) |
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