2089 Riggs Road Real Estate LLC et al v. Virdi LLC et al
| 2089 Riggs Road Real Estate LLC, Blue Indian LLC, KZDR LLC, EG Mich LLC and Vessel Investment Group of Michigan LLC |
| Virdi LLC and Vessl Incorporated |
| 2:2023cv02720 |
| December 29, 2023 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| James F Metcalf |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 34
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for April 1, 2024 at 9:15 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 2/20/2024. (ESG)
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| Filing 33 ANSWER to #1 Complaint,,,, with Jury Demand , COUNTERCLAIM against 2089 Riggs Road Real Estate LLC, Blue Indian LLC, EG Mich LLC, KZDR LLC, Vessel Investment Group of Michigan LLC by Virdi LLC, Vessl Incorporated.(McGrath, Alastar) |
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Filing 32
ORDER Upon assignment of this case, the Court reviewed the docket. The Court read Plaintiffs' Response to Order to Show Cause and good cause appearing, IT IS ORDERED that Defendants file their Answer to the Complaint no later than February 16, 2024. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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| Filing 31 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan M Brnovich. All further pleadings/papers should now list the following COMPLETE case number: CV-23-2720-PHX-SMB. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for February 12, 2024 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 30 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re: #27 Order to Show Cause, by Plaintiffs 2089 Riggs Road Real Estate LLC, Blue Indian LLC, EG Mich LLC, KZDR LLC, Vessel Investment Group of Michigan LLC. (Warren, David) |
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Filing 27
ORDER that within fourteen days of the filing of this Order, Plaintiff must file a response to this Order showing cause why this case should not be dismissed for failure to prosecute. Defendants have seven days from the filing of such response to reply thereto. See document for complete details. Signed by Magistrate Judge James F Metcalf on 1/29/24. (KLG)
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| Filing 26 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 24
ORDER that 2089 Riggs Road Real Estate LLC, Blue Indian LLC, EG Mich LLC, KZDR LLC, Vessel Investment Group of Michigan LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 2/12/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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Filing 23
ORDER that Vessl Incorporated, Virdi LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 2/12/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Remark: Pro hac vice motion(s) granted for David W Warren, Peter W Joelson, Emily R Warren on behalf of Plaintiffs 2089 Riggs Road Real Estate LLC, Blue Indian LLC, EG Mich LLC, KZDR LLC, Vessel Investment Group of Michigan LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Alastar S McGrath on behalf of Defendants Vessl Incorporated, Virdi LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 22 NOTICE Re Transfer of 2:23-cv-11340 from the Eastern District of Michigan to the District of Arizona. New Case Number: CV-23-02720-PHX-JFM. (Attachments: #1 Instructions, #2 Consent Form)(MAP) |
| Filing 21 CASE TRANSFERRED IN from District of Michigan Eastern; Case Number 2:23-cv-11340 . Original file certified copy of transfer order and docket sheet received |
| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 20
OPINION AND ORDER granting in part and denying in part #14 Motion to dismiss, cancelling hearing, and transferring case to the District of Arizona. Signed by District Judge Gershwin A. Drain. (DPer) [Transferred from mied on 12/29/2023.]
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| Set/Reset Deadlines as to #14 MOTION to Dismiss . Motion Hearing reset for 12/18/2023 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) [Transferred from mied on 12/29/2023.] |
| Filing 19 ERRATA Sheet re: #14 MOTION to Dismiss filed by Virdi, LLC, Vessl, Inc.. by All Defendants Statement of Issues and Controlling Authority (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
| Filing 18 NOTICE OF IN PERSON HEARING on #14 MOTION to Dismiss . Motion Hearing set for 12/5/2023 at 3:00 PM before District Judge Gershwin A. Drain (TMcg) [Transferred from mied on 12/29/2023.] |
| Filing 17 REPLY to Response re #14 MOTION to Dismiss filed by All Defendants. (Attachments: #1 Exhibit) (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
| Filing 16 RESPONSE to #14 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Declaration of Mark Lewis, #3 Exhibit 2- 2022 Business Update, #4 Exhibit 3 - Email July 26, 2018, #5 Exhibit 4 - Email August 17, 2021, #6 Exhibit 5 - Email September 24, 2018, #7 Exhibit 6 - Email RE Demo Day September 24, 2018, #8 Exhibit 7 - Email July 16, 2021, #9 Exhibit 8 - Zoom Invitations, #10 Exhibit 9 - Email September 24, 2018, #11 Exhibit 10 - Email August 10, 2018, #12 Exhibit 11 - Articles of Organization for VIG, #13 Exhibit 12 - Email May 17, 2021, #14 Exhibit 13 - 2019 Business Update, #15 Exhibit 14 - Excerpts of Draft Distribution Agreement, #16 Exhibit 15 - Letter July 10, 2018, #17 Exhibit 16 - Email September 13, 2018) (Warren, Emily) [Transferred from mied on 12/29/2023.] |
| Filing 15 CERTIFICATE OF SERVICE re #14 MOTION to Dismiss by All Defendants (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
| Filing 14 MOTION to Dismiss by All Defendants. (Attachments: #1 Exhibit Exhibit 1 - Affidavit Apodaca) (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
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Filing 13
STIPULATION AND ORDER Extending Time to Answer or Otherwise Respond to #1 Complaint, (Response due by 8/23/2023) Signed by District Judge Gershwin A. Drain. (TMcg) [Transferred from mied on 12/29/2023.]
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Filing 12
STIPULATED ORDER Extending Time to Answer or Otherwise Plead to Plaintiff's #1 Complaint, (Response due by 8/18/2023) Signed by District Judge Gershwin A. Drain. (TMcg) [Transferred from mied on 12/29/2023.]
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| Filing 11 NOTICE of Appearance by Alastar S. McGrath on behalf of All Defendants. (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
| Filing 10 MOTION for Extension of Time to File Answer or Otherwise Plead - Agreed by All Defendants. (McGrath, Alastar) Modified on 7/27/2023 (TMcg). [SEE STIPULATED ORDER] [Transferred from mied on 12/29/2023.] |
| Filing 9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Defendants (McGrath, Alastar) [Transferred from mied on 12/29/2023.] |
| Filing 8 [STRICKEN] NOTICE of Appearance by Alastar S. McGrath on behalf of All Defendants. (McGrath, Alastar) Modified on 7/21/2023 (DAll). [Transferred from mied on 12/29/2023.] |
| NOTICE of Error directed to: Alastar S. McGrath re #8 Notice of Appearance. Document is not flattened and contains fillable fields. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (DAll) [Transferred from mied on 12/29/2023.] |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Vessl, Inc. served on 6/26/2023, answer due 7/17/2023. (Joelson, Peter) [Transferred from mied on 12/29/2023.] |
| Filing 6 SUMMONS Issued for *Virdi, LLC* (DAll) [Transferred from mied on 12/29/2023.] |
| Filing 5 SUMMONS Issued for *Vessl, Inc.* (DAll) [Transferred from mied on 12/29/2023.] |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) [Transferred from mied on 12/29/2023.] |
| Filing 4 ATTORNEY APPEARANCE: Emily R. Warren appearing on behalf of All Plaintiffs (Warren, Emily) [Transferred from mied on 12/29/2023.] |
| Filing 3 ATTORNEY APPEARANCE: David W. Warren appearing on behalf of All Plaintiffs (Warren, David) [Transferred from mied on 12/29/2023.] |
| Filing 2 ATTORNEY APPEARANCE: Peter W. Joelson appearing on behalf of All Plaintiffs (Joelson, Peter) [Transferred from mied on 12/29/2023.] |
| Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9372801 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit 1 - Letter of Intent, #3 Exhibit 2 - Equipment Quote, #4 Exhibit 3 - June 24, 2018 Invoice, #5 Exhibit 4 - Letter and Check July 11, 2018, #6 Exhibit 5 - Email September 24, 2018, #7 Exhibit 6 - September 30, 2018 Invoice, #8 Exhibit 7 - Check December 5, 2018, #9 Exhibit 8 - Check December 20, 2018, #10 Exhibit 9 - February 20, 2019 Invoice, #11 Exhibit 10 - Email February 20, 2019, #12 Exhibit 11 - Convertible Note and Warrant Purchase Agreement) (Warren, David) [Transferred from mied on 12/29/2023.] |
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