Woodruff and Huey Investments Inc v. Sears Authorized Hometown Stores LLC
Plaintiff: Woodruff and Huey Investments Inc
Defendant: Sears Authorized Hometown Stores LLC
Case Number: 1:2015cv00134
Filed: December 23, 2015
Court: US District Court for the Eastern District of Arkansas
Office: Batesville Office
County: Jackson
Presiding Judge: Billy Roy Wilson
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 5, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2016 Opinion or Order Filing 28 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #27 the Joint Motion to Dismiss. Accordingly, this CASE is DISMISSED with prejudice, subject to the terms of the settlement agreement. This Court specifically retains jurisdiction to enforce the terms of the settlement agreement. Signed by Judge Billy Roy Wilson on 12/05/16. (dmm)
December 2, 2016 Filing 27 Joint MOTION to Dismiss by Woodruff and Huey Investments Inc (Giattina, Timothy)
February 11, 2016 Opinion or Order Filing 26 ORDER granting in part and denying in part #9 Motion to Dismiss and Compel Arbitration; the parties must proceed with arbitration as set out in the agreement; the Clerk is directed to ADMINISTRATIVELY TERMINATE this case without prejudice to the right of the parties to reopen the case for good cause; this case will not be reopened unless an application to reopen is filed by one of the parties within 30 days of the final disposition of the arbitration proceeding; if no motion is filed, this Order will be considered a dismissal with prejudice, without further order of the Court. Signed by Judge Billy Roy Wilson on 2/11/16. (tjb)
February 10, 2016 Filing 25 REPLY to Response to Motion re #9 MOTION to Dismiss and Compel Arbitration filed by Sears Authorized Hometown Stores LLC. (Crass, Kevin)
February 4, 2016 Filing 24 Corporate Disclosure Statement (Rule 7.1) by Sears Authorized Hometown Stores LLC (Crass, Kevin)
February 3, 2016 Filing 23 RESPONSE to Motion re #9 MOTION to Dismiss and Compel Arbitration Supplemental Response per Court instructions filed by Woodruff and Huey Investments Inc. (Giattina, Timothy)
February 2, 2016 Filing 22 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 3/29/2016. Rule 26(f) Report due by 4/12/2016. Jury Trial set for 11/7/2016 AT 9:30 AM in Batesville Courtroom # 252 before Judge Billy Roy Wilson. Entered at the direction of the Court on 2/2/16. (mmb)
January 20, 2016 Filing 21 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Billy Roy Wilson:Telephone Conference on Motion For Temporary Restraining Order held on 1/20/2016. Arguments made by plaintiff. Court denies motion. Parties supplemental briefing on arbitration is due by 4:00pm CST, Wednesday, February 3, 2016. Court is in recess. Pl: Timothy Giattina; Dft: Kevin Crass, William Killion and Matthew Harris. (Court Reporter Christa Jacimore.) (mmb)
January 20, 2016 Opinion or Order Filing 20 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #4 #12 Plaintiff's Motion for TRO, based on the findings of fact and conclusions of law made in today's telephone conference. Signed by Judge Billy Roy Wilson on 01/20/16. (dmm)
January 20, 2016 Opinion or Order Filing 19 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #16 and #17 Motions to Appear Pro Hac Vice. Accordingly, Matthew B. Harris and William L. Killion are admitted to practice Pro Hac Vice and are directed to register for CM/ECF in the Eastern District or Arkansas, by 5:00 PM, February 3, 2016. Failure to register may result in removal from this case. Signed by Judge Billy Roy Wilson on 1/20/16. (mmb)
January 20, 2016 Filing 18 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order , #12 MOTION for Temporary Restraining Order REFILING PER COURT INSTRUCTIONS filed by Sears Authorized Hometown Stores LLC. (Attachments: #1 Exhibit Declaration of William Aldridge & Handwritten Paperwork, #2 Exhibit Lease to Own Transactions with at Least 55 Customers, #3 Exhibit In House Lease-Purchase Agreement, #4 Exhibit In House Lease-Purchase with Handwritten Notes, #5 Exhibit Customer Questions, #6 Exhibit Interest Rates, #7 Exhibit Purchase Price, Down Payment and Installments, #8 Exhibit E-mail dated December 3, 2015 from Bobby Woodruff to Mr. Aldridge)(Crass, Kevin)
January 20, 2016 Filing 17 MOTION for Leave to Appear pro hac vice by William L. Killion filed by Sears Authorized Hometown Stores LLC. Fee $100 received. Receipt #LIT055014. (scw)
January 20, 2016 Filing 16 MOTION for Leave to Appear pro hac vice by Matthew B. Harris filed by Sears Authorized Hometown Stores LLC. Fee $100.00 received. Receipt #LIT055014. (mef)
January 20, 2016 Filing 15 RESPONSE to Motion re #9 MOTION to Dismiss and Compel Arbitration filed by Woodruff and Huey Investments Inc. (Giattina, Timothy)
January 20, 2016 Filing 14 BRIEF IN SUPPORT re #13 Brief in Support Supplemental Brief filed by Woodruff and Huey Investments Inc. (Giattina, Timothy)
January 20, 2016 Filing 13 BRIEF IN SUPPORT re #12 Motion for TRO REFILING PER COURT INSTRUCTIONS filed by Woodruff and Huey Investments Inc. (Giattina, Timothy)
January 20, 2016 Filing 12 MOTION for Temporary Restraining Order REFILING PER COURT INSTRUCTIONS by Woodruff and Huey Investments Inc (Giattina, Timothy)
January 20, 2016 Filing 11 Deficiency Letter notifying party that #4 Motion for TRO and #5 Brief in Support lack Certificates of Service and filer's email address in the signature block. (kbc)
January 20, 2016 Filing 10 BRIEF IN SUPPORT re #9 Motion to Dismiss and Compel Arbitration filed by Sears Authorized Hometown Stores LLC. (Attachments: #1 Exhibit Declaration of Matthew B. Harris)(Crass, Kevin)
January 20, 2016 Filing 9 MOTION to Dismiss and Compel Arbitration by Sears Authorized Hometown Stores LLC (Crass, Kevin)
January 20, 2016 Filing 8 NOTICE of Appearance by Kevin A. Crass on behalf of Sears Authorized Hometown Stores LLC (Crass, Kevin)
January 19, 2016 Filing 7 NOTICE of Hearing on Motion #4 MOTION for Temporary Restraining Order : Telephone Conference is set for 1/20/2016 at 2:00 PM before Judge Billy Roy Wilson. (mmb)
January 19, 2016 Filing 6 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Billy Roy Wilson:Telephone Conference on Motion for TRO held on 1/19/2016. Parties present via telephone. Arguments made. Court schedules additional phone conference on the motion for 1/20/16 at 2pm. Counsel are to brief arguments and email to law clerk before noon 1/20/16. Court is in recess. Pl: Timothy Giattina; Dft; Kevin Crass, Bill Killion and Matthew Harris. (Court Reporter Karen Baker.) (mmb)
January 19, 2016 Filing 5 BRIEF IN SUPPORT re #4 Motion for TRO filed by Woodruff and Huey Investments Inc. (Giattina, Timothy)
January 19, 2016 Filing 4 MOTION for Temporary Restraining Order by Woodruff and Huey Investments Inc (Giattina, Timothy)
January 15, 2016 Filing 3 AFFIDAVIT of Service of Summons and Complaint , filed by Woodruff and Huey Investments Inc. Sears Authorized Hometown Stores LLC served on 12/30/2015. (Giattina, Timothy)
December 23, 2015 Filing 2 Corporate Disclosure Statement (Rule 7.1) by Woodruff and Huey Investments Inc (tjb)
December 23, 2015 Filing 1 VERIFIED COMPLAINT filed by Woodruff and Huey Investments Inc with Jury Demand, against Sears Authorized Hometown Stores LLC; Fee of $400.00 paid, Receipt Number LIT054644; summons issued and returned to attorney, (Attachments: #1 Civil Cover Sheet)(tjb)

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Defendant: Sears Authorized Hometown Stores LLC
Represented By: Matthew B. Harris
Represented By: Kevin A. Crass
Represented By: William L. Killion
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Plaintiff: Woodruff and Huey Investments Inc
Represented By: Timothy Joseph Giattina
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