Wellgen Standard, LLC v. Maximum Legal Holdings, LLC et al
| Wellgen Standard, LLC |
| Maximum Legal (Florida), PLLC, Maximum Legal (Utah), LLC, Maximum Legal Staffing, LLC, Joseph Martin Barrett, Todd Wakefield, Maximum Legal Holdings, LLC, Maximum Legal Services, LLC, Maximum Legal (Arizona), LLC and Maximum Legal, LLC |
| Christopher Tyler Webster, Gregory Allen Stuck, Jeffery Golden, Richard Horner, Martin J. Brill and Advocate Capital, Inc. |
| Philip Layfield |
| 2:2019cv01703 |
| March 7, 2019 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alexander F MacKinnon |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 78 ANSWER to Notice of Removal, #1 (Complaint) filed by Defendant Joseph Martin Barrett.(Robinson, Damion) |
| Filing 77 RESPONSE filed by Pro Hac Vice attorney William B Hicky on behalf of Defendant Joseph Martin Barrett, Cross Defendant Joseph Martin Barrett. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 76 RESPONSE filed by Pro Hac Vice attorney Roger G Jones on behalf of Plaintiff Wellgen Standard, LLC, Counter Defendant Wellgen Standard, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 75 RESPONSE filed by Pro Hac Vice attorney Austin L McMullen on behalf of Plaintiff Wellgen Standard, LLC, Counter Defendant Wellgen Standard, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 74 NOTICE of Appearance filed by attorney Kimberly Michelle Ingram on behalf of Plaintiff Wellgen Standard, LLC (Attorney Kimberly Michelle Ingram added to party Wellgen Standard, LLC(pty:pla))(Ingram, Kimberly) |
| Filing 73 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William B Hicky. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 72 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Roger G Jones. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 71 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Austin L Mc Mullen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 70 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 69 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Alexander F. MacKinnon. (ghap) |
| Filing 68 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:18-cv-275 WLC-JSF, from Middle District of Tennessee (Nashville). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-1703-AB(AFMx). (ghap) |
Filing 67
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 66 ORIGINAL file, certified copy of transfer order and docket sheet received from Tennessee Middle |
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Filing 65
MEMORANDUM AND ORDER: Motion to Dismiss #9 and Motion to Dismiss or Transfer Venue #11 are GRANTED in part, and DENIED, in part. Accordingly, this action is TRANSFERRED to the United States District Court for the Central District of California. Signed by District Judge William L. Campbell, Jr on 3/6/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 64 REPLY to Response to Motion re #11 MOTION to Dismiss or to Transfer filed by Joseph Martin Barrett. (gb) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 63
MEMORANDUM AND ORDER: The Motion to Remand ( #5 ) is DENIED. The Court GRANTS Plaintiff's Motion to Strike ( #44 ). Accordingly, Defendant Barrett's Motion to Dismiss ( #45 ) is MOOT. Also pending before the Court are Defendant Barrett's Motions to Take Judicial Notice ( #13 , #34 , #46 ), which are GRANTED, as unopposed; Defendant Barrett's Motion for Leave to File Reply Brief ( #17 ), which is GRANTED; and Defendant Wakefield's Joinder in Wellgen Standard's Motion to Strike ( #49 ), which is GRANTED. Signed by District Judge William L. Campbell, Jr on 3/5/19. (xc:Pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 62 REPLY to Response to Motion re #11 MOTION to Dismiss or to Transfer, #59 MOTION for Leave to re #11 MOTION to Dismiss or to Transfer to File Supplemental Response to Motion to Dismiss or Transfer Venue Filed by Defendant Joseph Martin Barrett filed by Joseph Martin Barrett. (Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 61 SUPPLEMENTAL RESPONSE to #11 MOTION to Dismiss or to Transfer filed by Wellgen Standard, LLC. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 60
ORDER granting #59 Motion for Leave to File Supplemental Response. Signed by District Judge William L. Campbell, Jr on 2/22/19. (xc: Pro se party by regular mail.) (dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 59 MOTION for Leave to re #11 MOTION to Dismiss or to Transfer to File Supplemental Response to Motion to Dismiss or Transfer Venue Filed by Defendant Joseph Martin Barrett by Wellgen Standard, LLC. (Attachments: #1 Exhibit Supplemental Response)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Initial Case Management Conference held on 2/20/2019. After the resolution of the dispositive motions, the Court will hold another case mgt conference. No order will enter. (Tape #20feb2019-F.) (hv) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 58
ORDER: The Initial Case Management Conference set for February 20, 2019, at 9:30 a.m. shall be conducted by telephone to allow out of state litigants to participate. The parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. The parties shall be prepared to discuss the status of the case and possible scheduling deadlines. Signed by Magistrate Judge Jeffery S. Frensley on 2/19/2019. (xc:Pro se parties by regular mail.) (mg) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 57 CERTIFICATE of service filed by Wellgen Standard, LLC re #56 Order,, Set Hearings,. (Attachments: #1 Attachment Mailing List)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 56
ORDER: Initial Case Management Conference reset for 2/20/2019 at 9:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 12/17/18. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 55 SUPPLEMENTAL BRIEF filed by Wellgen Standard, LLC in support of #5 Motion to Remand to State Court. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 54
ORDER granting #53 Motion for Leave to File Supplemental Brief. Signed by District Judge William L. Campbell, Jr on 11/30/18. (xc: Pro se party by regular mail.) (dt) (Main Document 54 replaced on 11/30/2018) (dt). [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 53 MOTION for Leave to File Supplemental Brief re #5 MOTION to Remand to State Court by Wellgen Standard, LLC. (Attachments: #1 Exhibit Supplemental Brief)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 52 SUPPLEMENTAL BRIEF filed by Joseph Martin Barrett in Opposition to #5 Motion to Remand to State Court. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 51
ORDER granting #50 Motion for Leave to File Supplemental Brief. Signed by District Judge William L. Campbell, Jr on 11/27/18. (xc:Pro se party by regular mail.) (dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 50 MOTION for Leave to File Supplemental Brief re #5 MOTION to Remand to State Court by Joseph Martin Barrett. (Attachments: #1 Exhibit Supplemental Brief in Opposition to Remand)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 49 MOTION for Joinder in Wellgen Standard's Motion to Strike Answer, Counter-Claim and Cross-Claim by Todd Wakefield. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 48
ORDER: Initial Case Management Conference reset for 12/18/2018 at 9:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 11/8/18. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 47 NOTICE of Filing by Joseph Martin Barrett re #46 MOTION Judicial Notice re #45 MOTION to Dismiss Crossclaims of P. Layfield (Attachments: #1 Exhibit Licensee Status - Layfield, #2 Exhibit Decision and Order of Involuntary Inactive Enrollment, #3 Exhibit Order Entering Default and Order Enrolling Inactive, #4 Exhibit First Amended Notice of Disciplinary Charges, #5 Exhibit Grand Jury Indictment, #6 Exhibit Amended Order and Terms re Defendant Philip James Layfields Release on Bond, #7 Exhibit Memorandum of Points and Authorities in Support of Defendants Fed. R. Civ. P. 60 Motion to Set Aside Default Judgment, #8 Exhibit In Chambers Order Regarding Motion to Set Aside Default dated April 27, 2018 in the Layfield Guaranty Case, #9 Exhibit Voluntary Petition for Non-Individuals Filing for Bankruptcy, #10 Exhibit Motion to Dismiss Chapter 7 Case, #11 Exhibit Order Setting Hearing on Motion to Dismiss Case, #12 Exhibit Order Denying Motion to Dismiss Bankruptcy Case, #13 Exhibit Tentative Ruling for 10/24/2018 to deny Motion to Dismiss Bankruptcy Case, #14 Exhibit Electronic Docket of the Maximum California Bankruptcy, #15 Exhibit Involuntary Petition Against a Non-Individual in the case styled In re Layfield & Barrett, APC,, #16 Exhibit Electronic Docket of the L&B Bankruptcy Case, #17 Exhibit Electronic Docket in the case styled In re Philip James Layfield, #18 Exhibit Declaration of Philip J. Layfield in Support of Defendants Fed. R. Civ. P. 60 Motion for Reconsideration and Motion to Set Aside Default)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Notice to Filer re DE #46 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 46 MOTION Judicial Notice re #45 MOTION to Dismiss Crossclaims of P. Layfield by Joseph Martin Barrett. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 45 MOTION to Dismiss Crossclaims of P. Layfield by Joseph Martin Barrett. (Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 44 MOTION to Strike 43 Answer to Complaint,, Crossclaim,, Counterclaim, by Wellgen Standard, LLC. (Attachments: #1 Exhibit Ex A State Bar Court Order, #2 Exhibit Ex B Indictment, #3 Exhibit Ex C Involuntary Petition, #4 Exhibit Ex D Order of Appointment, #5 Exhibit Ex E Trustee Appointment)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 43 ***STRICKEN per #63 MEMORANDUM AND ORDER*** ANSWER to Complaint, CROSSCLAIM against Joseph Martin Barrett, Todd Wakefield, Gregory Allen Stuck, Christopher Tyler Webster, Advocate Capital, Inc., Jeffery Golden, Richard Horner, Martin J. Brill, COUNTERCLAIM against Wellgen Standard, LLC by Philip Layfield.(dt) Modified text on 3/5/2019 (gb). [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 42
ORDER: Initial Case Management Conference reset for 11/14/2018 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 9/7/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 41 REPLY filed by Joseph Martin Barrett re #37 Supplement filed by Wellgen Standard, LLC. (Attachments: #1 Attachment Supplemental Declaration of Damion Robinson, #2 Exhibit Excerpts from Layfield Deposition)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 40
ORDER granting #38 Motion for Leave to File Brief in Reply to Supplemental Brief of Welgen Standard, LLC. Signed by District Judge William L. Campbell, Jr on 8/6/18. (xc:Pro se party by regular mail.)(dt) Modified on 8/6/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 39 RESPONSE in Opposition re #38 MOTION for Leave to File Reply Brief re #37 Supplement filed by Wellgen Standard, LLC. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 38 MOTION for Leave to File Reply Brief re #37 Supplement by Joseph Martin Barrett. (Attachments: #1 Attachment Response to Wellgen Supplemental Bried, #2 Attachment Supplemental Declaration of Damion Robinson, #3 Exhibit Excerpts from Layfield Deposition)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 37 SUPPLEMENT filed by Wellgen Standard, LLC re #24 Order,,, Set Hearings,,. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 36
ORDER granting #35 Motion for Extension of Time to File Supplemental Brief. Signed by District Judge William L. Campbell, Jr on 7/18/18. (xc:Pro se party by regular mail.) (dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 35 MOTION for Extension of Time to File Supplemental Brief by Wellgen Standard, LLC. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 34 MOTION Judicial Notice re #33 Supplement by Joseph Martin Barrett. (Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 33 SUPPLEMENT filed by Joseph Martin Barrett re #24 Order,,, Set Hearings,,. (Attachments: #1 Attachment Compendium of Materials in Support)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 32 NOTICE by Joseph Martin Barrett to Take Deposition of Philip James Layfield (Amended) (Attachments: #1 Attachment Exhibit Subpoena of Layfield, #2 Attachment Order Authorizing Deposition)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 31
ORDER granting #28 Motion for Damion Robinson to Appear Pro Hac Vice. Signed by District Judge William L. Campbell, Jr on 6/7/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 30 NOTICE to Take Deposition of Philip James Layfield by Joseph Martin Barrett. (Attachments: #1 Exhibit Subpoena of Layfield, #2 Exhibit Order Authorizing Deposition)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 29 SUBPOENA issued to Philip James Layfield by Joseph Martin Barrett (Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| CA State Bar status verified as active for Damion Robinson. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 28 MOTION for attorney(s) Damion Robinson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2685698) by Joseph Martin Barrett. (Attachments: #1 Exhibit Certificate of Good Standing)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 27
ORDER granting #26 Motion for Leave to Depose Incarcerated Person Philip James Layfield. Signed by Magistrate Judge Jeffery S. Frensley on 5/29/18. (xc:Pro se party by regular mail. Warden by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 26 STIPULATION & Joint Application to Permit Deposition of Philip James Layfield by Joseph Martin Barrett. (Attachments: #1 Attachment Proposed Order Giving Leave to Depose Philip James Layfield)(Hicky, William) Modified on 5/30/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 25 CERTIFICATE of service filed by Wellgen Standard, LLC re #23 Notice (Other) filed by Wellgen Standard, LLC. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 24
ORDER: Telephone Status Conference held on May 4, 2018. Accordingly, any limited discovery on the issue of whether the Court has subject matter jurisdiction based on the diversity of citizenship shall be completed on or before July 3, 2018. The Parties shall file any supplemental pleadings related to the issue of subject matter jurisdiction on or before July 17, 2018. The Case Management Conference in this matter scheduled for May 7, 2018, is continued and reset for September 11, 2018 at 11:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 5/7/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Notice to Filer re DE #23 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 5/4/2018. Order to enter. (Tape #Not Recorded.) (hv) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 23 NOTICE of Filing by Wellgen Standard, LLC (Attachments: #1 Attachment Proposed Initial Case Management Order)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 22
ORDER: Telephone Conference set for 5/4/2018 at 11:30 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 4/27/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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Filing 21
ORDER: Defendant Joseph M. Barrett has filed a brief (Doc. No. #18 ), in which he explains that the citizenship of Plaintiff's members is not a matter of public record, and requests that he be allowed to conduct limited written discovery as to that issue. Defendant's request is GRANTED. Accordingly, the parties are permitted to conduct limited written discovery on the issue of whether the Court has subject matter jurisdiction in this case based on diversity of citizenship. This case is REFERRED to the Magistrate Judge to establish an appropriate discovery plan in accordance with this Order. Signed by District Judge William L. Campbell, Jr on 4/25/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 20 BRIEF filed by Wellgen Standard, LLC re #16 Order. (McMullen, Austin) Modified on 4/20/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 19 Additional Attachments to Main Document re: #17 MOTION for Leave to File Reply Brief in support of #9 Motion to Dismiss or Transfer. (Hicky, William) Modified on 4/20/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 18 SUPPLEMENTAL BRIEF of Joseph M. Barrett filed by Joseph Martin Barrett re #16 Order. (Attachments: #1 Exhibit A - Article of Organization dated 7/28/1999)(Hicky, William) Modified on 4/20/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 17 MOTION for Leave to File Reply Brief in support of #9 Motion to Dismiss or Transfer by Joseph Martin Barrett. (Attachments: #1 Exhibit Defendant Barrett's Reply to Plaintiff's Response to Motion to Dismiss or Transfer)(Hicky, William) Modified on 4/20/2018 (dt). [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 16
ORDER: Pending before the Court are Plaintiff's Motion To Remand (Doc. No. #5 ), and Defendant Joseph M. Barrett's Opposition To Motion To Remand (Doc. No. #12 ). On or before April 18, 2018, the parties shall file briefs addressing subject matter jurisdiction, and specifically, the citizenship of the members of Plaintiff Wellgen Standard, LLC. The Motion for Extension of Time #14 is DENIED, as moot. Signed by District Judge William L. Campbell, Jr on 4/4/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 15 RESPONSE to Motion re #9 MOTION to Dismiss, #11 MOTION to Dismiss or to Transfer filed by Wellgen Standard, LLC. (Attachments: #1 Exhibit Exhibit 1 - Myers Declaration, #2 Exhibit Exhibit 2A - Young Complaint (pages 1-100), #3 Exhibit Exhibit 2B - Young Complaint (pages 101-200), #4 Exhibit Exhibit 2C - Young Complaint (pages 201-300), #5 Exhibit Exhibit 2D - Young Complaint (pages 401-400), #6 Exhibit Exhibit 2E - Young complaint (pages 401-449), #7 Exhibit Exhibit 3 - Wakefield California declaration, #8 Exhibit Exhibit 4 - Layfield Declaration, #9 Exhibit Exhibit 5 - Maximum Legal referal agreement, #10 Exhibit Exhibit 6- Layfield bar response)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss or to Transfer, #9 MOTION to Dismiss by Wellgen Standard, LLC. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 13 MOTION to Take Judicial Notice by Joseph Martin Barrett. (Attachments: #1 Exhibit Complaint, #2 Exhibit Motion to Stay, #3 Exhibit Corporate Filings, #4 Exhibit Bankruptcy Petition, #5 Exhibit State Bar of CA Complaint, #6 Exhibit State Bar of CA Default Judgment, #7 Exhibit Layfield Indictment, #8 Exhibit Adversary Complaint, #9 Exhibit Wellgen Proof of Claim)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 12 RESPONSE in Opposition re #5 MOTION to Remand to State Court filed by Joseph Martin Barrett. (Attachments: #1 Exhibit Declaration of Barrett, #2 Exhibit Declaration of Mishra)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 11 MOTION to Dismiss or to Transfer by Joseph Martin Barrett. (Attachments: #1 Attachment Declaration of Joseph M. Barrett, #2 Attachment Request for Judicial Notice - Part I, #3 Attachment Request for Judicial Notice - Part II, #4 Attachment Request for Judicial Notice - Part III)(Hicky, William) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 10 MEMORANDUM of Law in Support of #9 MOTION to Dismiss filed by Todd Wakefield. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 9 MOTION to Dismiss by Todd Wakefield. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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Filing 8
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01(d)(5). Signed by District Judge William L. Campbell, Jr on 3/13/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 3/8/2019.]
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| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Wellgen Standard, LLC. (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 6 MEMORANDUM in Support of #5 MOTION to Remand to State Court filed by Wellgen Standard, LLC . (McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 5 MOTION to Remand to State Court by Wellgen Standard, LLC. (Attachments: #1 Exhibit Served Summons to Arizona, #2 Exhibit Served Summons to Barrett, #3 Exhibit Served Summons to Florida, #4 Exhibit Served Summons to Holdings, #5 Exhibit Served Summons to LLC, #6 Exhibit Served Summons to Services, #7 Exhibit Served Summons to Staffing, #8 Exhibit Served Summons to Utah, #9 Exhibit Served Summons to Wakefield)(McMullen, Austin) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 4 NOTICE of Initial Case Management Conference set for 5/7/2018 at 10:30 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| TN State Bar status verified as active for William B. Hicky, Roger G. Jones and Austin L. McMullen. (dt) [Transferred from Tennessee Middle on 3/8/2019.] |
| Filing 1 NOTICE OF REMOVAL by Joseph Martin Barrett from Chancery Court for Davidson County, Tennessee, case number 18-109-III. (Filing fee $ 400 receipt number 0650-2628042) (Attachments: #1 Exhibit 1 - State Complaint, #2 Exhibit 2 - Notice of Service of Process, #3 Exhibit 3 - Defendant's Notice of Notice of Removal to State Court, #4 Attachment - Civil Cover Sheet)(dt) [Transferred from Tennessee Middle on 3/8/2019.] |
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