Haworth Country Club, LLC v. Gullong et al
| Haworth Country Club, LLC |
| C. Barton Gullong and Bart Supply, LLC |
| MN Lending LLC |
| 3:2022cv01522 |
| November 30, 2022 |
| U.S. District Court for the District of Connecticut |
| Robert A Richardson |
| Stefan R Underhill |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 19 Corporate Disclosure Statement by Bart Supply, LLC, C. Barton Gullong. (Rimmer, Robert) |
Filing 18
SCHEDULING ORDER:Initial Disclosures due 2/14/2023. Amended Pleadings due by 4/17/2023. Discovery due by 3/27/2024. Dispositive Motions due by 4/26/2024. Trial Brief due by 5/27/2024, if no summary judgment motions are filed, or 60 days after resolution of summary judgment motions. Signed by Judge Stefan R. Underhill on 1/24/2023. (Hurley, S.)
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Filing 17
ORDER. I accept the parties request to forgo a Rule 16 conference at this time and approve the case management plan set forth in the parties Form 26(f) report. A scheduling order will follow. Signed by Judge Stefan R. Underhill on 1/24/2023. (Hurley, S.)
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| Filing 16 REPORT of Rule 26(f) Planning Meeting. (Berglass, Steven) |
| Filing 15 Corporate Disclosure Statement by Haworth Country Club, LLC. (Berglass, Steven) |
| Filing 14 Notice of Consolidation Signed by Clerk on 1/19/2023. (Reis, Julia) |
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Filing 13
ORDER granting #11 Motion for Extension of Time to file Rule 26(f) Report. The parties to the consolidated action shall jointly file the Rule 26(f) Report. The dates set forth in this order may be extended for good cause pursuant to a motion filed in accordance with Local Rule 7. Signed by Judge Stefan R. Underhill on 1/18/2023. (Hurley, S.)
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Filing 12
ORDER granting #9 Motion to Consolidate Cases. Defendants C. Barton Gullong and Bart Supply, LLC ("Defendants") have moved to consolidate this action, Haworth Country Club, LLC v. C. Barton Gullong and Bart Supply, LLC, Case No. 3:22-cv-1522 (SRU) [hereinafter Haworth Action], with M N Lending, LLC v. C. Barton Gullong and Bart Supply, LLC, Case No. 3:22-cv-1546 (SRU) [hereinafter, M N Lending Action]. See Doc. No. 9."If actions before the court involve a common question of law or fact, the court may... consolidate the actions." Fed. R. Civ. P. 42(a). Whether to consolidate pending actions is a question within the discretion of the court. See Sallustro v. CannaVest Corp., 93 F. Supp. 3d 265, 269 (S.D.N.Y. 2015) (cleaned up). The requirement that separate actions involve a common question of law or fact does not mean that the actions must be identical. See Rauch v. Vale S.A., 378 F. Supp. 3d 198, 204 (E.D.N.Y. 2019) (citing Reitan v. China Mobile Games & Entmt Grp., Ltd., 68 F. Supp. 3d 390, 394 (S.D.N.Y. 2014)). Here, in the Haworth Action, plaintiff Haworth Country Club, LLC ("Haworth") brings suit against Defendants, concerning a residential development project in East Windsor, Connecticut ("Newberry Village"). Complaint, Haworth Action, Doc. No. 1. Specifically, Haworth alleges that M N Lending LLC entered into a revolving loan agreement whereby Haworth is entitled to a share of the proceeds of the sale of each Newberry Village unit and that Defendants' conduct, including allegedly diverting and concealing funds, interfered with Haworth's rights and entitlements under the agreement. Id. at 2-3. Haworth asserts causes of action for (1) tortious interference with a business relationship or expectancy and (2) unfair and/or deceptive act or practices, in violation of Connecticut General Statutes 42-110a et seq. There, in the M N Lending Action, plaintiff M N Lending asserts identical causes of action against the same defendants concerning the same Newberry Village project and the same revolving loan agreement. Complaint, M N Lending Action, Doc. No. 1 at 2-3. The substantially identical pleadings demonstrate that the cases implicate common questions of law and fact, and the interests of judicial economy favor consolidation. The motions to consolidate (Haworth Action, doc. no. #9 , and M N Lending Action, doc. no. #9 ) are granted. The Clerk shall consolidate both actions into this case. Plaintiffs shall file a consolidated complaint within thirty days, on or before February 17, 2023. Signed by Judge Stefan R. Underhill on 1/17/2023. (Hurley, S.)
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| Reset Deadlines: Consolidated Pleadings due by 2/17/2023. Rule 26 Meeting Report due by 1/24/2023. (Hurley, S.) |
| Filing 11 First MOTION for Extension of Time until January 24, 2023 to file Rule 26(f) Report by Haworth Country Club, LLC. (Berglass, Steven) |
| Filing 10 SUMMONS Returned Executed by Haworth Country Club, LLC. Bart Supply, LLC served on 12/2/2022, answer due 12/23/2022; C. Barton Gullong served on 12/6/2022, answer due 12/27/2022. (Berglass, Steven) |
| Filing 9 MOTION to Consolidate Cases. Case to be consolidated with 3:22-cv-01546-VAB by Bart Supply, LLC, C. Barton Gullong.Responses due by 1/9/2023 (Attachments: #1 Memorandum in Support, #2 Exhibit Complaint in 3:22-cv-1522-SRU, #3 Exhibit Complaint in 3:22-cv-1546-VAB)(Rimmer, Robert) |
| Filing 8 NOTICE of Appearance by Robert T. Rimmer on behalf of Bart Supply, LLC, C. Barton Gullong (Rimmer, Robert) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Haworth Country Club, LLC, #5 Protective Order, #4 Electronic Filing Order, 2 Notice re: Disclosure Statement,, #3 Order on Pretrial Deadlines Signed by Clerk on 12/1/2022. (Oliver, T.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Bart Supply, LLC, C. Barton Gullong* with answer to complaint due within *21* days. Attorney *Steven Berglass* *Seeley & Berglass* *121 Whitney Ave.* *New Haven, CT 06510*. (Oliver, T.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 11/30/2022. (Oliver, T.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 11/30/2022. (Oliver, T.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 1/29/2023 Discovery due by 6/1/2023 Dispositive Motions due by 7/6/2023 Signed by Clerk on 11/30/2022. (Oliver, T.)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 11/30/22.(Hushin, Z.) Modified on 12/1/2022 to correct file date (Hushin, Z.). |
| Judge Stefan R. Underhill and Judge Robert A. Richardson added. (Oliver, T.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7153014.), filed by Haworth Country Club, LLC.(Berglass, Steven) |
| Request for Clerk to issue summons as to All Defendants. (Berglass, Steven) |
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