Holistic Industries of Arkansas LLC et al v. Feuerstein Kulick LLP
| Holistic Industries of Arkansas LLC and Sam Epstein Angel |
| Feuerstein Kulick LLP |
| 2:2020cv00230 |
| November 19, 2020 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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Filing 45
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court has two questions with respect to Doc. #41 , the motion to withdraw. First, does the Notice of Appeal divest the Court of jurisdiction over this issue? Second, and relatedly, isn't the question of allowing the withdrawal more appropriate for the Court of Appeals at this point? Each party is directed to file a brief of no more than 4 pages answering these questions. The briefs are due on or before October 19, 2021. Signed by Judge Lee P. Rudofsky on 10/5/2021. (hml)
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Filing 44
USCA Docketing Letter and Briefing Schedule Order as to #40 Notice of Appeal filed by Holistic Industries of Arkansas LLC. USCA Case Number 21-3206. (jbh)
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Filing 43
NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #40 Notice of Appeal by Holistic Industries of Arkansas LLC re #39 Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (jbh)
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Filing 42
USCA Appeal Fees received ($505; receipt number LIT083920) re #40 Notice of Appeal filed by Holistic Industries of Arkansas LLC. (jbh)
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Filing 41
MOTION to Withdraw as Attorney by Holistic Industries of Arkansas LLC (Teague, Elizabeth)
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Filing 40
NOTICE OF APPEAL as to #39 Order Staying Case,, Terminate Motions,, Order Dismissing Case, by Holistic Industries of Arkansas LLC. (Brogdon, Beau)
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Filing 39
ORDER granting in part and denying in part #13 Motion to Dismiss; staying this case pending resolution of the arbitration; denying as moot Defendant's merits-based arguments; and directing the Clerk to administratively terminate this case. It will be reopened upon the request of either party at the conclusion of arbitration. Signed by Judge Lee P. Rudofsky on 09/02/2021. (ajt)
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Filing 38
BRIEF IN SUPPORT re 34 Order,,,, Supplemental Brief per Court Order filed by Feuerstein Kulick LLP. (McCulloch, Robert)
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Filing 37
RESPONSE re 34 Order,,,, To Submit Supplemental Briefing On Choice Of Law by Holistic Industries of Arkansas LLC (Teague, Elizabeth)
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Filing 36
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #35 Joint Motion to Extension of Time. Supplemental brief due by 8/30/2021. Signed by Judge Lee P. Rudofsky on 8/19/2021. (hml)
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Filing 35
Joint MOTION to Extend Time to Respond to Court's Text Order by Holistic Industries of Arkansas LLC (Brogdon, Beau)
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Filing 34
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) The Court requests supplemental briefing on several choice-of-law issues. (1) Which state's law should this Court apply to determine the parties to the September 1, 2017 engagement letter? (2) Which state's law should this Court apply to determine whether Mr. Genderson had the authority to bind Plaintiff (a company that was not yet in creation) to the terms of the engagement letter? (3) Which state's law should this Court apply to determine if, on the facts of this case, the doctrine of equitable estoppel requires the Court to enforce the arbitration clause in the engagement letter against Plaintiff. The Court sees three potential answers to each question: Arkansas law, New York law, or D.C. law. The Court wants detailed briefing justifying each side's respective positions. Supplemental briefs may be no more than 7 pages and are due on August 23, 2021, by midnight. Signed by Judge Lee P. Rudofsky on 08/16/2021. (gvl)
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Filing 33
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot #31 Joint Motion for an Extension of Scheduling Order Deadlines pursuant to #32 Final Scheduling Order. Signed by Judge Lee P. Rudofsky on 7/15/2021. (hml)
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Filing 32
FINAL SCHEDULING ORDER: Jury Trial reset for 7/19/2022 at 9:30 AM in Helena, Arkansas Courtroom #314 before Judge Lee P. Rudofsky. Motions to Amend and Join Other Parties due by 1/20/2022; Discovery due by 2/18/2022; Motions due by 3/21/2022; Status Report due by 3/21/2022; and Pretrial Disclosure Sheet due by 6/20/2022. Signed at the Direction of the Court on 7/15/2021. (hml)
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Filing 31
Joint MOTION to Extend Time of Scheduling Order Deadlines by Holistic Industries of Arkansas LLC (Brogdon, Beau)
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Filing 30
BRIEF IN SUPPORT re #13 Motion to Dismiss/Lack of Jurisdiction Supplemental Brief in Support filed by Feuerstein Kulick LLP. (McCulloch, Robert)
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Filing 29
AMENDED COMPLAINT with Jury Demand against Feuerstein Kulick LLP, filed by Holistic Industries of Arkansas LLC(Brogdon, Beau)
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Filing 28
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #16 Plaintiffs' Motion to Amend the Complaint. The liberal Rule 15 standard applies and the Court sees no bad faith, undue delay, dilatory motive, or undue prejudice here. With respect to Defendant's Rule 41 argument, the Court would have granted a straight Rule 41(a)(2) dismissal without prejudice of Mr. Angel's claim. Accordingly, there's really no circumvention of Rule 41 to be concerned with here. Plaintiffs' arguments on allowing Mr. Angel to dismiss his claim are persuasive. Plaintiff has 3 days from the date of this Order to file the Amended Complaint on the record. Defendant has 14 days from the date Plaintiff files the Amended Complaint to submit a supplemental brief in support of its motion to dismiss. Plaintiff will then have 7 days to respond to the supplemental briefing that Defendant files. The Court has not considered whether the proposed Amendment is futile. It prefers to examine that when it rules on the motion to dismiss. The Court finds this to be the most efficient way to proceed. Signed by Judge Lee P. Rudofsky on 4/2/2021. (hml)
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Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #26 Beau B. Brogdon's Request for Protection from Court Appearance. Signed by Judge Lee P. Rudofsky on 3/18/2021. (hml)
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Filing 26
MOTION for Protective Order by All Plaintiffs (Brogdon, Beau)
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Filing 25
REPLY to Response to Motion re #16 MOTION to Amend/Correct #2 Complaint and to Dismiss Sam Epstein Angel's Claims filed by Sam Epstein Angel, Holistic Industries of Arkansas LLC. (Teague, Elizabeth)
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Filing 24
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #23 Motion for Leave to File Reply. Signed by Judge Lee P. Rudofsky on 2/12/2021. (hml)
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Filing 23
MOTION for Leave to File Reply Brief by Sam Epstein Angel, Holistic Industries of Arkansas LLC (Teague, Elizabeth)
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Filing 22
RESPONSE to Motion re #16 MOTION to Amend/Correct #2 Complaint and to Dismiss Sam Epstein Angel's Claims filed by Feuerstein Kulick LLP. (McCulloch, Robert)
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Filing 21
REPORT of Rule 26(f) Planning Meeting by Feuerstein Kulick LLP. Joint (Owens, Daniel)
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Filing 20
NOTICE of Appearance by Daniel Reece Owens on behalf of Feuerstein Kulick LLP (Owens, Daniel)
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Filing 19
REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction or to Compel Arbitration filed by Feuerstein Kulick LLP. (Attachments: #1 Exhibit 1-AMMC Rules, #2 Exhibit 2-Dissolution, #3 Exhibit 3-Mitch Kulick Affidavit)(McCulloch, Robert)
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #17 Motion for Leave to File Reply to Plaintiffs' Response to Motion to Dismiss or in the Alternative Compel Arbitration. Signed by Judge Lee P. Rudofsky on 1/28/2021. (hml)
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Filing 17
MOTION for Leave to File Reply to Plaintiffs' Response in Opposition of Defendant's Motion to Dismiss or in the Alternative Compel Arbitration by Feuerstein Kulick LLP (McCulloch, Robert)
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Filing 16
MOTION to Amend/Correct #2 Complaint and to Dismiss Sam Epstein Angel's Claims by Sam Epstein Angel, Holistic Industries of Arkansas LLC (Attachments: #1 Exhibit Proposed Amended Complaint)(Brogdon, Beau)
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Filing 15
RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction or to Compel Arbitration filed by Sam Epstein Angel, Holistic Industries of Arkansas LLC. (Attachments: #1 Exhibit A - Requests for Application, #2 Exhibit B - Declaration of John David Engel, #3 Exhibit C - Screenshot from Defendant's Website, #4 Exhibit D - Commission Rules and Regulations, #5 Exhibit E - October 2017 Letters)(Brogdon, Beau)
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Filing 14
BRIEF IN SUPPORT re #13 Motion to Dismiss/Lack of Jurisdiction or to Compel Arbitration filed by Feuerstein Kulick LLP. (Attachments: #1 Exhibit 1- Engagement Letter, #2 Exhibit 2-Affidavit of Kulick, #3 Exhibit 3-Affidavit of J. Genderson, #4 Exhibit 4-SOS Dissolution, #5 Exhibit 5-Affidavit of R. Genderson, #6 Exhibit 6-Operating Agreement, #7 Exhibit 7-Affidavit of Fuerstein)(McCulloch, Robert)
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Filing 13
MOTION to Dismiss for Lack of Jurisdiction or to Compel Arbitration by Feuerstein Kulick LLP (McCulloch, Robert)
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Filing 12
NOTICE of Appearance by Elizabeth Jordan Teague on behalf of All Plaintiffs (Teague, Elizabeth)
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Filing 11
NOTICE OF DOCKET CORRECTION re #8 Notice of Appearance. CORRECTION: The original document was submitted in error - wrong image file. The correct document was added to #8 based on the attached correspondence. (kbc)
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #9 Motion to Withdraw as Attorney. Attorney Kenneth P. Castleberry terminated as attorney of record for Plaintiffs. Signed by Judge Lee P. Rudofsky on 12/15/2020. (hml)
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Filing 9
MOTION to Withdraw as Attorney by Sam Epstein Angel, Holistic Industries of Arkansas LLC (Castleberry, Kenneth)
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Filing 8
NOTICE of Appearance by Beau Bagnal Brogdon on behalf of All Plaintiffs (Brogdon, Beau) Additional attachment added on 12/15/2020: #1 Main Document - Correct. (kbc)
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Filing 7
INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 2/9/2021 and Jury Trial set for 3/21/2022 at 9:30 AM in Helena, Arkansas Courtroom #314 before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 11/23/2020. (hml)
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NOTICE OF DOCKET CORRECTION re #4 Notice. CORRECTION: The docket entry was modified to establish linkage and correct the description of the document filed as "AMENDED #1 NOTICE OF REMOVAL". (thd)
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Filing 6
SECOND AMENDED ANSWER to #2 Complaint by Feuerstein Kulick LLP. (ajt)
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Filing 5
AMENDED ANSWER to #2 Complaint by Feuerstein Kulick LLP. (ajt)
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Filing 4
AMENDED #1 NOTICE OF REMOVAL by Feuerstein Kulick LLP. (Attachments: #1 Exhibit Amended Answer, #2 Exhibit Second Amended Answer)(McCulloch, Robert) (Docket entry modified on 11/23/2020 to establish linkage and correct the description of the document filed.) (thd).
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Filing 3
ANSWER to #2 Complaint by Feuerstein Kulick LLP.(ajt)
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Filing 2
COMPLAINT with Jury Demand against Feuerstein Kulick LLP filed by Holistic Industries of Arkansas LLC, Sam Epstein Angel.(ajt)
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Filing 1
NOTICE OF REMOVAL by Feuerstein Kulick LLP from Chicot County Circuit Court, case number 09CV-2020-62. Fee $400 paid, receipt number LIT079834. (Attachments: #1 Civil Cover Sheet)(ajt)
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