Charles Baldwin v. Express Oil Change, LLC
| CHARLES BALDWIN |
| EXPRESS OIL CHANGE, LLC |
| 22-10611 |
| February 22, 2022 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
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 Baldwin v. Express Oil Change, LLC
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Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 46
ORDER: After hearing oral argument in this appeal on March 22, 2023, the Court directs the parties and their counsel to engage in in-person mediation. The Court refers this appeal to the Kinnard Mediation Center for settlement discussions under Federal Rule of Appellate Procedure 33 and Eleventh Circuit Rule 33-1. The parties and their counsel are directed to telephone the Kinnard Mediation Center at 404-335-6260 no later than seven days from the date of this order to schedule a convenient time and place to explore a resolution of their differences. Before settlement discussions, counsel for the parties must consult with their clients and obtain as much authority as possible to settle the appeal. The circuit mediator shall issue a report to the Court not later than sixty days from the date of this order unless that time period is extended for good cause shown. The Court will not take the appeal under submission again until the expiration of the foregoing time period, unless sooner advised by the circuit mediator that there is little likelihood of settlement. The Court will consider extending the foregoing time period upon request by the circuit mediator indicating the likelihood of settlement and that such an extension is necessary to bring it about. JP, BCG and FMH [Entered: 03/31/2023 04:34 PM]
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| Filing 45 Oral argument held this date. Oral Argument presented by Jeffrey A. Schwartz for Appellant Express Oil Change, LLC and Earnest Ray Stanford, Jr. for Appellee Charles Baldwin. [Entered: 03/22/2023 12:16 PM] |
| Filing 44 Attorney Earnest Ray Stanford, Jr. for Appellee Charles Baldwin hereby acknowledges receipt of a copy of the printed calendar for 03/22/2023. Stanford, Earnest Ray, Jr. 404.991.7301 will present argument. [22-10611] (ECF: Earnest Stanford) [Entered: 03/20/2023 10:01 AM] |
| Filing 43 Oral argument scheduled. Argument Date: Wednesday, 03/22/2023 Argument Location: Atlanta. [Entered: 01/23/2023 11:06 AM] |
| Filing 42 Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC hereby acknowledges receipt of a copy of the printed calendar for 03/20/2023. Jeffrey A. Schwartz, 404-525-8200 will present argument. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 01/23/2023 08:26 AM] |
| Filing 41 Calendar issued as to cases to be orally argued the week of 03/20/2023 in Atlanta, Georgia. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 01/20/2023 04:40 PM] |
| Filing 40 This appeal has been removed from tentative calendar # 14 and will be reassigned to calendar #13. [Entered: 01/20/2023 04:38 PM] |
| Filing 39 Additional copies of APPELLEE'S BRIEF received from Earnest Ray Stanford, Jr. for Charles Baldwin and forwarded to the record room. [Entered: 01/11/2023 04:27 PM] |
| Filing 38 Assigned to tentative calendar number 14 in Atlanta during the week of April 17, 2023. You must file an additional 3 identical paper copies of the briefs and appendices within 7 days of the date of this notice, unless you previously provided the additional copies. [Entered: 01/04/2023 03:10 PM] |
| Filing 37 Received 4 paper copies of EBrief, filed by Appellant Express Oil Change, LLC. [Entered: 10/11/2022 03:02 PM] |
| Filing 36 Reply brief filed by Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 10/04/2022 01:39 PM] |
| Filing 35 Received 4 paper copies of EBrief, filed by Appellee Charles Baldwin. [Entered: 09/23/2022 10:56 AM] |
| Filing 34 Appellee's Brief filed by Appellee Charles Baldwin. [22-10611] (ECF: Earnest Stanford) [Entered: 09/21/2022 02:12 PM] |
| Filing 33 Over the phone extension granted by clerk as to Attorney Earnest Ray Stanford, Jr. for Appellee Charles Baldwin. Appellee's Brief due on 09/21/2022 as to Appellee Charles Baldwin.. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 08/12/2022 12:41 PM] |
| Filing 32 Received paper copies of EAppendix filed by Appellant Express Oil Change, LLC. 5 VOLUMES - 2 COPIES (ALL INSIDE 1 BOX) [Entered: 08/03/2022 11:28 AM] |
| Filing 31 Appendix filed [Six VOLUMES] by Appellant Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 07/29/2022 02:22 PM] |
| Filing 30 Received 4 paper copies of EBrief, filed by Appellant Express Oil Change, LLC. [Entered: 07/25/2022 03:49 PM] |
| Filing 29 Appellant's brief filed by Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 07/22/2022 02:33 PM] |
| Filing 28 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Earnest Ray Stanford, Jr. for Appellee Charles Baldwin. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10611] (ECF: Earnest Stanford) [Entered: 07/12/2022 03:32 PM] |
| Filing 27 NOTICE OF CIP FILING DEFICIENCY to Earnest Ray Stanford, Jr. for Charles Baldwin. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 07/11/2022 11:57 AM] |
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Filing 26
ORDER: Appellants motion to amend the notice of removal to correct the parties citizenship is GRANTED as follows. We deem the notice of removal amended to reflect that Charles Baldwin is a citizen of Georgia and that Express Oil Group, Inc. is a Delaware corporation with its principal place of business in New York. See 28 U.S.C. 1653; Mallory & Evans Contractors & Engrs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011). Additionally, Appellants motion to supplement the record is GRANTED. [ # 21 ]; [ # 21 ] RSR and BCG (See attached order for complete text) [Entered: 07/06/2022 01:55 PM]
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Filing 25
ORDER: Motion for extension to file appellant brief filed by Appellant Express Oil Change, LLC is GRANTED. [ # 23 ] Appellants brief due on 07/25/2022. BCG (See attached order for complete text) [Entered: 06/03/2022 12:25 PM]
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| Filing 24 NOTICE OF CIP FILING DEFICIENCY to Earnest Ray Stanford, Jr. for Charles Baldwin. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 06/03/2022 11:35 AM] |
| Filing 23 MOTION for extension of time to file appellant's brief to 07/25/2022 filed by Express Oil Change, LLC. Motion is Unopposed. [23] [22-10611] (ECF: Jeffrey Schwartz) [Entered: 05/31/2022 10:31 AM] |
| Filing 22 Certificate of Interested Persons and Corporate Disclosure Statement filed by. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10611] (ECF: Jeffrey Schwartz) [Entered: 05/05/2022 05:01 PM] |
| Filing 21 MOTION to amend document, to supplement the record filed by Express Oil Change, LLC. Opposition to Motion is Unknown. [21] [22-10611] (ECF: Jeffrey Schwartz) [Entered: 05/05/2022 04:04 PM] |
| Filing 20 30-Day Over the phone extension granted by clerk as to Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC. Appellants brief due on 06/09/2022 as to Appellant Express Oil Change, LLC. Appendix due on 06/16/2022 as to Appellant Express Oil Change, LLC. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 05/02/2022 09:44 AM] |
| Filing 19 JURISDICTIONAL QUESTION issued as to Express Oil Change, LLC. [Entered: 04/21/2022 02:22 PM] |
| Filing 14 Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 04/11/2022 11:18 AM] |
| Filing 13 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10611] (ECF: Jeffrey Schwartz) [Entered: 04/05/2022 03:10 PM] |
| Filing 12 Briefing Notice issued to Appellant Express Oil Change, LLC. The appellant's brief is due on or before 05/10/2022. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 04/04/2022 09:41 AM] |
| Filing 11 TRANSCRIPTS FILED. Transcript Order: Court Reporter: Shannon Welch, Filer: Express Oil Change, LLC, Dt. all Trans. Filed: 03/31/2022, Proceeding Type and Date: Status Conference 02/07/2022. [Entered: 04/01/2022 04:03 PM] |
| Filing 10 NOTICE OF CIP FILING DEFICIENCY to Earnest Ray Stanford, Jr. for Charles Baldwin. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 04/01/2022 03:55 PM] |
| Filing 9 APPEARANCE of Counsel Form filed by Earnest Ray Stanford, Jr. for Charles Baldwin. [22-10611] (ECF: Earnest Stanford) [Entered: 03/18/2022 04:11 PM] |
| Filing 8 NOTICE OF CIP FILING DEFICIENCY to Jeffrey A. Schwartz for Express Oil Change, LLC. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 03/17/2022 04:25 PM] |
| Filing 7 Civil Appeal Statement filed by Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 03/15/2022 02:40 PM] |
| Filing 6 Notice of Pending Settlement filed by Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 03/15/2022 02:38 PM] |
| Filing 5 Court Reporter Acknowledgment filed. Transcript Order: Shannon Welch, 03/03/2022, Express Oil Change, LLC, Status Conference 02/07/2022. [Entered: 03/07/2022 02:20 PM] |
| Filing 4 TRANSCRIPT INFORMATION FORM PROCESSED. Transcript Order: Filer: Express Oil Change, LLC, Court Reporter: Shannon Welch, Proceeding Type and Date: Status Conference 02/07/2022. [Entered: 03/07/2022 02:18 PM] |
| Filing 3 APPEARANCE of Counsel Form filed by Jeffrey A. Schwartz for Express Oil Change, LLC. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 03/07/2022 02:13 PM] |
| Filing 2 TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Jeffrey A. Schwartz for Appellant Express Oil Change, LLC. Transcript(s) ordered. [22-10611] (ECF: Jeffrey Schwartz) [Entered: 03/03/2022 02:10 PM] |
| Filing 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Express Oil Change, LLC on 02/22/2022. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 03/15/2022 as to Appellant Express Oil Change, LLC. Awaiting Appellee's Certificate of Interested Persons due on or before 03/29/2022 as to Appellee Charles Baldwin [Entered: 03/01/2022 03:28 PM] |
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| Plaintiff / appellee: CHARLES BALDWIN | |
| Represented By: | Earnest Ray Stanford Jr. |
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| Defendant / appellant: EXPRESS OIL CHANGE, LLC | |
| Represented By: | Claire E. Fyvolent |
| Represented By: | Jeffrey A. Schwartz |
| Represented By: | Claire Elizabeth Fyvolent |
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