Tyson Mexican Original, Inc. v. Robinson Metal, Inc
| Tyson Mexican Original, Inc. |
| Robinson Metal, Inc, Robinson Metal, Inc doing business as Product Handling Concepts formerly known as PHC3 Holdings, LLC formerly known as JDL3 Holdings, LLC, JDL and PHC |
| 5:2020cv05011 |
| January 8, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Robinson Metal, Inc. (Weber, David) |
| Filing 26 AFFIDAVIT of David H. Weber filed by Robinson Metal, Inc in Support of Defendant's Motion to Dismiss. (Attachments: #1 Exhibit B - DFI Record for JDL3 Holdings, LLC, #2 Exhibit C - PHC3 Holdings, LLC MN DFI Record, #3 Exhibit D - EGP Investments, LLC MN DFI Record, #4 Deposition Exhibit 28)(Weber, David) |
| Filing 25 AFFIDAVIT of Darrell LaCrosse filed by Robinson Metal, Inc in Support of Defendant's Motion to Dismiss. (Attachments: #1 Exhibit E - EGP Investments, LLC Operating Agreement, #2 Exhibit F - PHC3 Holdings, LLC Operating Agreement, #3 Exhibit G - Robinson Invoice - Old Template, #4 Exhibit H - Robinson Invoice - Current Template, #5 Exhibit I - Schedule F.6. Financial Statements, #6 Exhibit J - Voluntary Surrender of Collateral Agreement, #7 Exhibit K - Schedule A.5. Assumed Liabilities of Seller)(Weber, David) |
| Filing 24 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.Brief in Support by Tyson Mexican Original, Inc.. An Order was entered on 2/26/2020 allowing the document(s) to be filed under seal. This docket entry is related to #23 Memorandum Brief in Support,,. (Attachments: #1 Exhibit Asset Purchase Agreement, #2 Exhibit Transcript of Krueger, #3 Exhibit Foreclosure Agreement, #4 Exhibit Demand Letter, #5 Exhibit Schedule F.13, #6 Exhibit Top Ten Vendors, #7 Exhibit Top Ten Customers, #8 Exhibit Non-Compete Agreement, #9 Exhibit Letter of Intent, #10 Exhibit Defendant's Discovery Responses, #11 Exhibit Consulting Agreement, #12 Exhibit Press Release, #13 Exhibit Press Release, #14 Exhibit Sampling of Invoices, #15 Exhibit Email, #16 Exhibit Email, #17 Exhibit Written Action) (Lewis, Todd) Modified on 2/27/2020 (src). Modified on 2/27/2020 (src). |
| Filing 23 MEMORANDUM BRIEF in Support of #22 Response to Motion to Dismiss by Tyson Mexican Original, Inc.. (Attachments: #1 Exhibit Asset Purchase Agreement, #2 Exhibit Transcript of Krueger, #3 Exhibit Foreclosure Agreement, #4 Exhibit Demand Letter, #5 Exhibit Schedule F.13, #6 Exhibit Top Ten Vendors, #7 Exhibit Top Ten Customers, #8 Exhibit Non-Compete Agreement, #9 Exhibit Letter of Intent, #10 Exhibit Defendant's Discovery Responses, #11 Exhibit Consulting Agreement, #12 Exhibit Press Release, #13 Exhibit Press Release, #14 Exhibit Sampling of Invoices, #15 Exhibit Email, #16 Exhibit Email, #17 Exhibit Written Action)(Lewis, Todd) |
| Filing 22 RESPONSE IN OPPOSITION TO Motion re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Tyson Mexican Original, Inc.. (Lewis, Todd) |
| Filing 21 TEXT ONLY ORDER granting #20 Motion to File Under Seal. Plaintiff may file its response to the pending motion for summary judgment under seal, as Plaintiff advises that the brief will quote certain portions of documents that are believed to be confidential and proprietary. Plaintiff is hereby DIRECTED to file both an unredacted version of its response brief under seal and a redacted version on the public docket. If Plaintiff believes the response brief is not capable of redaction, Plaintiff is directed to file a short notice advising the Court of such. Signed by Honorable Timothy L. Brooks on February 26, 2020. (ee) |
| Filing 20 MOTION to Seal Response to Defendant's Motion to Dismiss by Tyson Mexican Original, Inc.. (Lewis, Todd) |
| Filing 19 JOINT REPORT of Rule 26(f) Planning Meeting by Tyson Mexican Original, Inc.. (Lewis, Todd) |
| Filing 18 Corporate Disclosure Statement by Robinson Metal, Inc. (Weber, David) |
| Filing 17 Corporate Disclosure Statement by Tyson Mexican Original, Inc.. (Lewis, Todd) |
| Filing 16 TEXT ONLY ORDER granting in part and denying in part #15 Motion for Extension of Time to File Response/Reply. The motion is granted to the extent that the Plaintiff's response deadline will be extended and the Defendants will be permitted to file a reply. The motion is denied as to the parties' proposed new deadlines. Instead, the Court orders as follows: (1) the new deadline for Plaintiff's response to the motion to dismiss is February 26, 2020; and (2) the new deadline for Defendants to file a reply is March 6, 2020. Signed by Honorable Timothy L. Brooks on February 13, 2020. (ee) |
| Filing 15 Joint MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction by Tyson Mexican Original, Inc.. (Attachments: #1 Exhibit A - Notice of Rule 30(b)6) Deposition of Robinson Metal, Inc.)(Lewis, Todd) |
| Filing 14 NOTICE of Appearance by Lauren O. Baber on behalf of All Defendants. (Baber, Lauren) |
| Filing 13 NOTICE of Appearance by Michael D. Sutton on behalf of Tyson Mexican Original, Inc.. (Sutton, Michael) |
| Filing 12 TEXT ONLY ORDER granting #11 Motion for Expedited Discovery and Motion for Enlargement of Time to File Response to Motion to Dismiss. Tyson Mexican Original, Inc. is DIRECTED to serve its jurisdictional discovery requests on Defendant Robinson Metal, Inc. Robinson Metal's responses to the discovery requests shall be due by no later than February 7, 2020. Thereafter, Tyson's response to the pending motion to dismiss #6 will be due by no later than February 17, 2020. Signed by Honorable Timothy L. Brooks on January 24, 2020. (ee) |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #7 Memorandum Brief in Support, #6 MOTION to Dismiss for Lack of Jurisdiction by Tyson Mexican Original, Inc.. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Proposed Discovery)(Lewis, Todd) |
| Filing 10 AFFIDAVIT of Trisha Thill filed by Robinson Metal, Inc re #8 Affidavit for Corrected Exhibit A - Docket No. 8-1. (Attachments: #1 Corrected Ex. A - Docket 8-1)(Weber, David) |
| Filing 9 INITIAL SCHEDULING ORDER: Case Management Hearing set for 3/11/2020 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 2/25/2020. Signed by Honorable Timothy L. Brooks on January 17, 2020. (slc) |
| Filing 8 AFFIDAVIT filed by Robinson Metal, Inc re #6 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit A - Asset Purchase Agreement)(Weber, David) |
| Filing 7 MEMORANDUM BRIEF in Support of #6 MOTION to Dismiss for Lack of Jurisdiction by Robinson Metal, Inc. (Weber, David) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Robinson Metal, Inc. (Weber, David) |
| Filing 5 AFFIDAVIT of Service for Complaint and Summons, filed by Tyson Mexican Original, Inc.. Robinson Metal, Inc served on 12/10/2019, answer due 12/31/2019. (Attachments: #1 Exhibit Exhibit 1 - Email)(Lewis, Todd) |
| TEXT ONLY CLERK'S ORDER requiring parties to request a trial by jury within 14 days from date of this order, if desired and allowed by law. (lgd) |
| ***DISREGARD ENTRY FILED IN ERROR***TEXT ONLY CLERK'S NOTICE regarding Proof of Service directed to Plaintiff Tyson Mexican Original, Inc. The docket does not reflect that proof of service or a motion and order to extend the time to complete service has been filed. No answer or other responsive pleading has been filed by the Defendant(s). The Plaintiff is directed to file proof of timely service, or a statement as to when such proof will be filed, within five (5) days of the filing of this Notice. See Fed. R. Civ. P. 4(l). Proof of Service due by 1/14/2020. (lgd) Modified on 1/14/2020 (lgd). |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 3 State Court COMPLAINT against Robinson Metal, Inc, filed by Tyson Mexican Original, Inc.(lgd) |
| Filing 2 CIVIL COVER SHEET for case initiated by Robinson Metal, Inc. (lgd) |
| Filing 1 NOTICE OF REMOVAL from Washington County Circuit Court, case number 72CV-19-2512., filed by Robinson Metal, Inc. (Attachments: #1 State Court Complaint and Summons issued)(lgd) |
| Notice of Removal filing fee paid re #1 Notice of Removal : $ 400, receipt number AARWDC-2052829.. (Weber, David) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Notice of Removal. You MUST pay the filing fee of $ 400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 1/10/2020 (lgd) |
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