Frybarger v. Salemme et al
Plaintiff: Scott Frybarger
Defendant: Joseph Salemme, One Way Limo.com, Inc. and Luxy Technologies, Inc.,
Case Number: 3:2022cv01652
Filed: December 28, 2022
Court: US District Court for the District of Connecticut
Presiding Judge: Victor A Bolden
Referring Judge: Thomas O Farrish
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2023 Opinion or Order Filing 50 ORDER granting #49 Motion for Extension of Time. The Court GRANTS the motion for extension of time until April 28, 2023 to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure or a responsive pleading. Signed by Judge Victor A. Bolden on 2/21/2023. (Bartlett, H)
February 20, 2023 Opinion or Order Filing 49 Consent MOTION for Extension of Time until 4/28/2023 to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure or a responsive pleading by Luxy Technologies, Inc.,, One Way Limo.com, Inc., Joseph Salemme. (Wood, Aimee)
February 8, 2023 Opinion or Order Filing 48 NOTICE of Appearance by Jeffrey R. Hellman on behalf of Scott Frybarger (Hellman, Jeffrey)
February 2, 2023 Opinion or Order Filing 47 ORDER granting #46 Motion for Extension of Time. The Courrt GRATNS the motion for extension of time until March 3, 2023 to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure or a responsive pleading. Signed by Judge Victor A. Bolden on 2/2/2023. (Bartlett, H)
February 1, 2023 Opinion or Order Filing 46 MOTION for Extension of Time until 3/3/2023 to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure or a responsive pleading by Luxy Technologies, Inc.,, One Way Limo.com, Inc., Joseph Salemme. (Wood, Aimee)
February 1, 2023 Opinion or Order Filing 45 Corporate Disclosure Statement by One Way Limo.com, Inc.. (Wood, Aimee)
January 31, 2023 Opinion or Order Filing 44 NOTICE of Appearance by Robert Burdette Mitchell on behalf of Luxy Technologies, Inc.,, One Way Limo.com, Inc., Joseph Salemme (Mitchell, Robert)
January 31, 2023 Opinion or Order Filing 43 NOTICE of Appearance by Aimee Jennifer Wood on behalf of Luxy Technologies, Inc.,, One Way Limo.com, Inc., Joseph Salemme (Wood, Aimee)
December 29, 2022 Opinion or Order Filing 42 NOTICE TO COUNSEL IN TRANSFERRED CASE. Signed by Clerk on 12/29/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 41 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 40 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 39 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 38 STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 37 Order on Pretrial Deadlines: Amended Pleadings due by 2/26/2023; Discovery due by 6/29/2023; Dispositive Motions due by 8/3/2023. Signed by Clerk on 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 36 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 12/28/2022.(Imbriani, Susan)
December 28, 2022 Opinion or Order Filing 35 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 12/28/2022.(Anastasio, F.)
December 28, 2022 Opinion or Order Filing 34 Case electronically transferred in from District of Florida Southern; Case Number 0:22-cv-61437. Modified on 12/29/2022 to correct filed date (Anastasio, F.).
December 28, 2022 Opinion or Order Judge Victor A. Bolden and Judge Thomas O. Farrish added. (Anastasio, F.)
December 28, 2022 Opinion or Order Filing 33 ORDER ON DEFENDANTS' AMENDED MOTION TO DISMISS AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE FOR FORUM NON CONVENIENS: The Motion to Dismiss DE #21 is GRANTED IN PART AND DENIED IN PART. The Clerk is DIRECTED to transfer this case to the District of Connecticut and CLOSE this case. Signed by Judge William P. Dimitrouleas on 12/28/2022. See attached document for full details. (mab)
December 19, 2022 Opinion or Order Filing 32 REPLY to #29 Response to Order to Show Cause by Joseph Salemme. (Attachments: #1 Affidavit Exhibit 3)(Rogers, Romney)
December 13, 2022 Opinion or Order Filing 31 Plaintiff's RESPONSE to #29 Response to Order to Show Cause by Scott Frybarger. (Feinstein, Michael)
December 7, 2022 Opinion or Order Filing 30 ORDER REQUIRING RESPONSE: Signed by Judge William P. Dimitrouleas on 12/7/2022. See attached document for full details. (mab)
December 7, 2022 Opinion or Order Filing 29 RESPONSE TO ORDER TO SHOW CAUSE re #28 Order on Motion to Dismiss/Lack of Jurisdiction, by Joseph Salemme. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Rogers, Romney)
November 30, 2022 Opinion or Order Filing 28 ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION, deferring ruling on #21 Motion to Dismiss for Lack of Jurisdiction. Show Cause Response due by 12/7/2022. Signed by Judge William P. Dimitrouleas on 11/30/2022. See attached document for full details. (mee)
October 21, 2022 Opinion or Order Filing 27 First AMENDED COMPLAINT against All Defendants, filed by Scott Frybarger. (Attachments: #1 Summon(s) Summons, Defendant Luxy)(Feinstein, Michael)
October 21, 2022 Opinion or Order Filing 26 Summons Issued as to Luxy Technologies, Inc.,. (mee)
October 20, 2022 Opinion or Order Filing 25 NOTICE of Filing Proposed Summons(es) by Scott Frybarger re #1 Notice of Removal (State Court Complaint), filed by One Way Limo.com, Inc., Joseph Salemme (Feinstein, Michael)
October 11, 2022 Opinion or Order Filing 24 Plaintiff's RESPONSE to #21 Amended MOTION to Dismiss for Lack of Jurisdiction #17 Amended Complaint/Amended Notice of Removal AND MEMORANDUM OF LAW by Scott Frybarger. (Attachments: #1 Exhibit A)(Feinstein, Michael)
October 11, 2022 Opinion or Order Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Scott Frybarger. One Way Limo.com, Inc. served on 7/30/2022, response/answer due 9/15/2022. (Attachments: #1 Supplement Supplemental Return)(Feinstein, Michael)
October 11, 2022 Opinion or Order Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Scott Frybarger. Joseph Salemme served on 7/14/2022, response/answer due 9/15/2022. (Feinstein, Michael)
September 28, 2022 Opinion or Order Filing 21 Amended MOTION to Dismiss for Lack of Jurisdiction #17 Amended Complaint/Amended Notice of Removal by One Way Limo.com, Inc., Joseph Salemme. Responses due by 10/12/2022 (Attachments: #1 Affidavit Exhibit A)(Rogers, Romney)
September 16, 2022 Opinion or Order Filing 20 ORDER DENYING MOTION WITHOUT PREJUDICE:DENYING #18 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 9/16/2022. See attached document for full details. (mab)
September 15, 2022 Opinion or Order Filing 19 NOTICE by Scott Frybarger re #17 Amended Complaint/Amended Notice of Removal NOTICE OF FILING EXHIBITS (Attachments: #1 Exhibit A, #2 Exhibit B) (Feinstein, Michael)
September 15, 2022 Opinion or Order Filing 18 MOTION to Dismiss #17 Amended Complaint/Amended Notice of Removal by One Way Limo.com, Inc., Joseph Salemme. Responses due by 9/29/2022 (Attachments: #1 Affidavit)(Rogers, Romney)
September 15, 2022 Opinion or Order Filing 17 First AMENDED COMPLAINT against All Defendants, filed by Scott Frybarger.(Feinstein, Michael)
September 13, 2022 Opinion or Order Filing 16 NOTICE of Attorney Appearance by Michael Laurence Feinstein on behalf of Scott Frybarger. Attorney Michael Laurence Feinstein added to party Scott Frybarger(pty:pla). (Feinstein, Michael)
September 2, 2022 Opinion or Order Filing 15 ORDER Granting in Part and Denying in Part #14 Second MOTION for Extension of Time additional 20 days to respond to Complaint, filed by One Way Limo.com, Inc., Joseph Salemme., One Way Limo.com, Inc. response/answer due 9/15/2022; Joseph Salemme response/answer due 9/15/2022. Signed by Judge William P. Dimitrouleas on 9/2/2022. See attached document for full details. (scn)
September 2, 2022 Opinion or Order Filing 14 Second MOTION for Extension of Time additional 20 days to respond to Complaint re #13 Order on Motion to Vacate, #1 Notice of Removal (State Court Complaint), by One Way Limo.com, Inc., Joseph Salemme. Responses due by 9/16/2022 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Rogers, Romney)
August 26, 2022 Opinion or Order Filing 13 ORDER GRANTING MOTION TO SET ASIDE CLERK'S DEFAULT AND EXTEND TIME TO RESPOND TO THE COMPLAINT: GRANTING #12 Motion to Vacate and Set Aside Clerk's Default. The Clerk's Entry of Default [DE 9] is hereby VACATED. Response to Complaint due by 9/2/2022. Signed by Judge William P. Dimitrouleas on 8/26/2022. See attached document for full details. (mab)
August 25, 2022 Opinion or Order Filing 12 Defendant's MOTION to Vacate #9 Clerk's Entry/Non-Entry of Default by One Way Limo.com, Inc., Joseph Salemme. Responses due by 9/8/2022 (Attachments: #1 Affidavit, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Rogers, Romney)
August 25, 2022 Opinion or Order Filing 11 ORDER Denying Without Prejudice #10 Motion for Extension of Time to Respond to Complaint. Signed by Judge William P. Dimitrouleas on 8/25/2022. See attached document for full details. (ar2)
August 24, 2022 Opinion or Order Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #9 Clerk's Entry/Non-Entry of Default, #7 Order to Show Cause by One Way Limo.com, Inc., Joseph Salemme. (Rogers, Romney)
August 22, 2022 Opinion or Order Filing 9 (VACATED per DE #13 )Clerk's Entry of Default as to Joseph Salemme, One Way Limo.com, Inc., - Motions Terminated: #8 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 8/22/2022. (mee) Modified Text on 8/26/2022 (mab).
August 22, 2022 Opinion or Order Filing 8 Plaintiff's MOTION for Clerk's Entry of Default as to One Way Limo.com, Inc., Joseph Salemme by Scott Frybarger. (Attachments: #1 Exhibit Affidavit of Service.Joseph.Exhibit A, #2 Exhibit Affidavit of Service.Oneway.Exhibit B)(Feinstein, Michael)
August 18, 2022 Opinion or Order Filing 7 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: Show Cause Response due by 8/25/2022. Signed by Judge William P. Dimitrouleas on 8/18/2022. See attached document for full details. (mab)
August 2, 2022 Opinion or Order Filing 6 ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 8/2/2022. See attached document for full details. (mab)
August 2, 2022 Opinion or Order Filing 5 NOTICE by One Way Limo.com, Inc., Joseph Salemme re #1 Notice of Removal (State Court Complaint), Notice of Filing (Attachments: #1 Civil Cover Sheet) (Rogers, Romney)
August 2, 2022 Opinion or Order Filing 4 Bar Letter re: Admissions sent to attorney Garry W. Johnson, mailing date August 2, 2022. (cw)
August 2, 2022 Opinion or Order Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cds)
August 2, 2022 Opinion or Order ***Clerk's Notice to Attorney Admissions: Plaintiff(s) Attorney(s) Garry W. Johnson, Esquire - is/are not being added to the case for the following reason(s): Non-Member; Re #1 Notice of Removal (State Court Complaint), (NEF sent to Attorney Admissions (ATTYADM)) (cds)
August 2, 2022 Opinion or Order ***Attorney Garry W. Johnson for Scott Frybarger added. (cw)
August 1, 2022 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds)
August 1, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15836930, filed by One Way Limo.com, Inc., Joseph Salemme. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Rogers, Romney) Modified Text on 8/2/2022 (cds). No Answer/Motion to Dismiss Filed.

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Plaintiff: Scott Frybarger
Represented By: Jeffrey R. Hellman
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Defendant: Joseph Salemme
Represented By: Aimee Jennifer Wood
Represented By: Robert Burdette Mitchell
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Defendant: One Way Limo.com, Inc.
Represented By: Aimee Jennifer Wood
Represented By: Robert Burdette Mitchell
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Defendant: Luxy Technologies, Inc.,
Represented By: Aimee Jennifer Wood
Represented By: Robert Burdette Mitchell
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