Empire Today, LLC v. National Floors Direct, inc.
RAJENDRO BISSO, BARRY AMIDON, JACK DANHOF, DANHOF HOME IMPROVEMENT, DAN ESPOSITO, FOXON FLOORING, LLC, GREG HICKEY, RMC.COM, LLC, AUGUST-ELEVEN, LLC, DL JOHNSTON, LLC, LOUIS LAMOUR ENTERPRISES, LLC, SEAN MACLELLAN, SNIX CORP., INC., JOSEPH OUELLETTE, JOSLS, LLC, ROBERT PAIVA, PAIVA ENTERPRISES, LLC, DONALD PLOUFF, HARD KNOCKS CORPORATION, DONALD TALBOT, DTALBOT DESIGNS, LLC, LAWRENCE TATTENBAUM, LAWRENCE TATTENBAUM, LLC, JOSEPH VAUDO, JOSEPH VAUDO, LLC, DAVID WALSH, CORNER DESIGNS, INC., JOHN JARY, DEAN JENNINGS, CHARLES WHIPPLE, RJ CONNECTION, LLC, INTERIORS BY DESIGN, LLC, MICHAEL KALIL, MASSACHUSETTS APPRAISAL SERVICES, LLC, DIANNE JOHNSTON, LOUIS LAMOUR, ROBERT JOHNSON, AARON ROSENBERG, DANIEL ROSENBERG, SAMUEL ROSENBERG, TOWER M. SOLUTIONS, INC. and TOWER MANAGEMENT SOLUTIONS, LLC |
EMPIRE TODAY, LLC |
NATIONAL FLOORS DIRECT, INC. |
ROBERT CARTER |
10-2343 |
November 17, 2010 |
U.S. Court of Appeals, First Circuit |
Other Contract |
Docket Report
This docket was last retrieved on October 24, 2011. A more recent docket listing may be available from PACER.
Document Text |
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MANDATE issued. [10-2343] (LB) [Entered: 10/24/2011 07:49 AM] |
JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). Mandate to issue forthwith. [10-2343, 11-1770, 11-1876, 11-1766] (LB) [Entered: 10/24/2011 07:47 AM] |
JOINT MOTION to dismiss case filed by Appellant/Cross-Appellee Empire Today, LLC and Appellee/Cross-Appellant National Floors Direct, inc. in 10-2343, 11-1770, 11-1876. Certificate of service dated 10/21/2011. [10-2343, 11-1770, 11-1876]--[Edited 10/21/2011 by LB] CLERK'S NOTE: Document should have been filed in additional case. Correction made by clerk's office. No further action required. [10-2343, 11-1770, 11-1876] (DMG) [Entered: 10/21/2011 01:23 PM] |
ORDER Appeal Nos. 10-2343 and 11-1770 filed by Empire Today, Inc. ("Empire") are consolidated for purposes of briefing and oral argument and Nos. 11-1766 and 11-1876 filed by National Floors Direct, Inc. ("National") are also consolidated for purposes of briefing and oral argument. The National appeals are cross-appeals to the Empire appeals. Pursuant to Fed. R. App. P. 28.1, it is hereby ordered that Empire be deemed the appellant/cross-appellee ("appellant") and that National be deemed the appellee/cross-appellant ("appellee"). The parties are directed to use the above caption on all future filings related to these cases. Upon consideration of the joint motion to stay appeals pending settlement negotiations, the appeals are stayed for 60 days to October 11, 2011, without prejudice to reconsideration of a renewed request if necessary. [10-2343, 11-1766, 11-1770, 11-1876] (LB) [Entered: 08/11/2011 11:32 AM] |
JOINT MOTION to stay Appeals (Amended) filed by Appellant National Floors Direct, inc. and Appellee Empire Today, LLC in 11-1876. Certificate of service dated 08/02/2011. [11-1876, 10-2343, 11-1766, 11-1770] (DMG) [Entered: 08/02/2011 02:37 PM] |
STATUS report filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc. in 10-2343, 11-1766 and 11-1770. Certificate of service dated 08/01/2011. [10-2343, 11-1766, 11-1770]--[Edited 08/02/2011 by LB] CLERK'S NOTE: Docket entry was edited to modify the docket text. [10-2343, 11-1766, 11-1770] (DMG) [Entered: 08/01/2011 04:41 PM] |
NOTICE of appearance on behalf of Appellant Empire Today, LLC in 11-1770 filed by Attorney Matthew J. Caccamo. Certificate of service dated 07/22/2011. [11-1770, 10-2343]--[Edited 07/22/2011 by LB] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. Document should not have been filed in additional case. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS. [11-1770, 10-2343] (TJC) [Entered: 07/22/2011 02:23 PM] |
NOTICE of appearance on behalf of Appellant Empire Today, LLC in 11-1770 filed by Attorney John S. Letchinger. Certificate of service dated 07/22/2011. [11-1770, 10-2343]--[Edited 07/22/2011 by LB] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. Document should not have been filed in additional case. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS. (TJC) [Entered: 07/22/2011 02:22 PM] |
JOINT MOTION to stay Appeals filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc. in 10-2343, Appellant National Floors Direct, inc. and Appellee Empire Today, LLC in 11-1766, 11-1770. [10-2343, 11-1766, 11-1770] (DMG) [Entered: 07/21/2011 05:54 PM] |
NOTICE of appearance filed by Attorney Thomas J. Carey for Appellant Empire Today, LLC. [10-2343] (LB) [Entered: 06/27/2011 01:25 PM] |
STATUS report filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc.. Certificate of service dated 06/13/2011. [10-2343] (CW) [Entered: 06/13/2011 03:51 PM] |
STATUS report filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc.. Certificate of service dated 04/29/2011. [10-2343] (CW) [Entered: 04/29/2011 02:25 PM] |
STATUS report filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc.. Certificate of service dated 03/15/2011. [10-2343] (CW) [Entered: 03/15/2011 11:27 AM] |
NOTICE of filing the following transcript(s) in district court by Court Reporter Marcia Gail Patrisso: 01/19/2011, Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [10-2343] (LB) [Entered: 02/15/2011 01:01 PM] |
STATUS report filed by Appellant Empire Today, LLC. Certificate of service dated 01/31/2011. [10-2343] (CW) [Entered: 01/31/2011 02:13 PM] |
STATUS report filed by Appellant Empire Today, LLC and Appellee National Floors Direct, inc.. Certificate of service dated 12/15/2010. [10-2343] (DMG) [Entered: 12/15/2010 03:40 PM] |
Mail returned as undeliverable to Attorney David J. Byer for Appellee National Floors Direct, inc. Copy of 11/29/10 order. Forwarded to David J. Byer K &L Gates LLP MA One Lincoln Street State Street Financial Center Boston, MA 021112950. [10-2343] (LB) [Entered: 12/06/2010 04:30 PM] |
NOTICE of appearance on behalf of Appellee National Floors Direct, inc. filed by Attorney David M. Glynn. Certificate of service dated 11/30/2010. [10-2343] (DMG) [Entered: 11/30/2010 11:04 AM] |
NOTICE of appearance filed by Attorney Matthew J. Caccamo for Appellant Empire Today, LLC. [10-2343] (LB) [Entered: 11/30/2010 10:41 AM] |
ORDER entered by Michael Boudin, Appellate Judge. The assented-to motion filed by the parties to stay this appeal pending the district court's resolution of pending Rule 50(b) motions and a Mass. Gen. Law Ch. 93A claim is granted. The parties are directed to file a report on or before December 15, 2010, and every 45 days thereafter, informing this court of the status of the pending matters before the district court. [10-2343] (LB) [Entered: 11/29/2010 02:35 PM] |
NOTICE of appearance filed by Attorney John S. Letchinger for Appellant Empire Today, LLC. [10-2343] (LB) [Entered: 11/30/2010 10:45 AM] |
NOTICE of appearance on behalf of Appellant Empire Today, LLC filed by Attorney Courtney Worcester. Certificate of service dated 11/24/2010. [10-2343] (CW) [Entered: 11/24/2010 02:15 PM] |
TRANSCRIPT report/order form filed by Appellant Empire Today, LLC indicating all necessary transcripts have already been filed in district court. [10-2343] (CW) [Entered: 11/24/2010 10:29 AM] |
Mail returned as undeliverable to Party Joseph Ouellette. Copy of Case Opening Notice. Forwarded to 89 Ouderkirk Rd, Pulaski, NY 13142-2247. [10-2343] (GAK) [Entered: 11/23/2010 02:00 PM] |
ASSENTED TO MOTION to stay Pending Final Disposition of District Court Action filed by Appellee National Floors Direct, inc.. Certificate of service dated 11/22/2010. [10-2343] (DMG) [Entered: 11/22/2010 01:43 PM] |
Per notice of appeal and dicstrict court docket Attorney Roger A. Lane for Appellant Empire Today, LLC. address is Pepper Hamilton LLP, 125 High St., 15th Fl., Oliver St. Tower, Boston, MA 02110, 617-204-5144, lanera@pepperlaw.com (LB) [Entered: 11/17/2010 09:18 AM] |
Per district court docket Attorney David J. Byer for Appellee National Floors Direct, inc. address is: K & L Gates LLP, One Lincoln St., State Street Financial Center, Boston, MA 02111-2950, 617-261-3115, 617-261-3175. David.Byer@klgates.com [10-2343] (LB) [Entered: 11/17/2010 09:26 AM] |
NOTICE of filing the following transcript(s) in district court by Court Reporter Carol Lynn Scott: 10/12/2010, Trial-Day 10; 10/13/2010, Trial-Day 11. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [10-2343] (LB) [Entered: 11/17/2010 09:40 AM] |
CIVIL CASE docketed. Notice of appeal (doc. #305) filed by Appellant Empire Today, LLC. Docketing Statement due 12/01/2010. Transcript Report/Order form due 12/01/2010. Appearance form due 12/01/2010. [10-2343] (LB) [Entered: 11/17/2010 08:53 AM] |
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