GNH Group, Inc. v. Guggenheim Holdings, L.L.C. et al
| GNH Group, Inc. |
| One Live Logistics, LLC, Premier Motorsports Properties, LLC, Guggenheim Holdings, L.L.C., Christopher Guggenheim, Parcelcast, LLC and Russell Leicht, Jr. |
| 1:2019cv01932 |
| October 11, 2019 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER ADOPTING #43 REPORT AND RECOMMENDATIONS ; granting in part and denying in part #24 Motion to Dismiss; denying #27 Motion to Dismiss ; granting #29 Motion to Compel; granting in part and denying in part #31 Motion to Dismiss. Arbitration is COMPELLED as to Plaintiff's claims against all Defendants except Parcelcase and OneLive and the case is STAYED in its entirety until the completion of the arbitration process. Signed by Judge Colm F. Connolly on 8/19/2020. (nmf)
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| Filing 43 REPORT AND RECOMMENDATIONS re #24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Parcelcast, LLC, #31 MOTION to Dismiss for Failure to State a Claim filed by One Live Logistics, LLC, #29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement filed by Guggenheim Holdings, L.L.C., Christopher Guggenheim, #27 MOTION to Dismiss for Failure to State a Claim filed by Russell Leicht, Jr., Premier Motorsports Properties, LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/10/2020. Signed by Judge Christopher J. Burke on 7/27/2020. (dlb) |
| Filing 42 REPLY BRIEF re #27 MOTION to Dismiss for Failure to State a Claim filed by Russell Leicht, Jr, Premier Motorsports Properties, LLC. (Attachments: #1 Certificate of Compliance)(Silverstein, Alan) |
| Filing 41 REPLY BRIEF re #31 MOTION to Dismiss for Failure to State a Claim filed by One Live Logistics, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Certificate of Compliance)(Fox, Stephanie) |
| Filing 40 REPLY BRIEF re #24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6), #29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement filed by Christopher Guggenheim, Guggenheim Holdings, L.L.C., Parcelcast, LLC. (Attachments: #1 Certificate of Compliance)(Fox, Stephanie) |
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Filing 39
ORDER REFERRING MOTIONS: #24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Parcelcast, LLC, #31 MOTION to Dismiss for Failure to State a Claim filed by One Live Logistics, LLC, #29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement filed by Guggenheim Holdings, L.L.C., Christopher Guggenheim, #27 MOTION to Dismiss for Failure to State a Claim filed by Russell Leicht, Jr., Premier Motorsports Properties, LLC. Signed by Judge Colm F. Connolly on 12/20/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf)
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| Filing 38 EXHIBIT re #34 Answering Brief in Opposition, by GNH Group, Inc.. (Attachments: #1 Exhibit A)(England, Margaret) |
| Filing 37 ANSWERING BRIEF in Opposition re #27 MOTION to Dismiss for Failure to State a Claim filed by GNH Group, Inc..Reply Brief due date per Local Rules is 12/23/2019. (Attachments: #1 Certificate of Service, #2 Certificate of Compliance)(England, Margaret) |
| Filing 36 ANSWERING BRIEF in Opposition re #24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by GNH Group, Inc..Reply Brief due date per Local Rules is 12/23/2019. (Attachments: #1 Exhibit A, #2 Certificate of Compliance)(England, Margaret) |
| Filing 35 ANSWERING BRIEF in Opposition re #29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement filed by GNH Group, Inc..Reply Brief due date per Local Rules is 12/23/2019. (Attachments: #1 Certificate of Compliance)(England, Margaret) |
| Filing 34 ANSWERING BRIEF in Opposition re #31 MOTION to Dismiss for Failure to State a Claim filed by GNH Group, Inc..Reply Brief due date per Local Rules is 12/23/2019. (Attachments: #1 Certificate of Compliance)(England, Margaret) |
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SO ORDERED, re #33 MOTION for Pro Hac Vice Appearance of Attorney Wade L. McClure filed by One Live Logistics, LLC. Signed by Judge Colm F. Connolly on 12/11/2019. (fms)
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| Filing 33 MOTION for Pro Hac Vice Appearance of Attorney Wade L. McClure - filed by One Live Logistics, LLC. (Attachments: #1 Certification by Counsel, #2 Text of Proposed Order)(Fox, Stephanie) |
| CORRECTING ENTRY: Per request of filer, the Motion and Opening Brief at D.I. Nos. #24 and #25 have been removed and replaced with versions that comply with Judge Connolly's Standing Order Regarding Briefing In All Cases. (fms) |
| CORRECTING ENTRY: The pdfs at D.I. #31 (Motion) were swapped in error by docket clerk. The correct pdfs are back on the docket at D.I. #31 and the Notice of Electronic Filing has been regenerated. (fms) |
| Filing 32 OPENING BRIEF in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by One Live Logistics, LLC.Answering Brief/Response due date per Local Rules is 12/16/2019. (Attachments: #1 Certificate of Compliance)(Fox, Stephanie) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim - filed by One Live Logistics, LLC. (Attachments: #1 Text of Proposed Order)(Fox, Stephanie) (Main Document 31 replaced on 12/3/2019) (fms). (Attachment 1 replaced on 12/3/2019) (fms). (Main Document 31 replaced on 12/3/2019) (fms). (Attachment 1 replaced on 12/3/2019) (fms). |
| Filing 30 OPENING BRIEF in Support re #29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement filed by Christopher Guggenheim, Guggenheim Holdings, L.L.C..Answering Brief/Response due date per Local Rules is 12/16/2019. (Attachments: #1 Certificate of Compliance)(Fox, Stephanie) |
| Filing 29 MOTION to Compel Arbitration And Stay This Proceeding Or Alternatively Motion To Dismiss Or Motion For A More Definite Statement - filed by Christopher Guggenheim, Guggenheim Holdings, L.L.C.. (Attachments: #1 Text of Proposed Order)(Fox, Stephanie) |
| Filing 28 OPENING BRIEF in Support re #27 MOTION to Dismiss for Failure to State a Claim filed by Russell Leicht, Jr, Premier Motorsports Properties, LLC.Answering Brief/Response due date per Local Rules is 12/16/2019. (Attachments: #1 Exhibit 1, #2 Certificate of Compliance)(Silverstein, Alan) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim - filed by Russell Leicht, Jr, Premier Motorsports Properties, LLC. (Attachments: #1 Text of Proposed Order)(Silverstein, Alan) |
| Filing 26 NOTICE of Appearance by Stephanie Ann Fox on behalf of One Live Logistics, LLC (Fox, Stephanie) |
| Filing 25 OPENING BRIEF in Support re #24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Parcelcast, LLC.Answering Brief/Response due date per Local Rules is 12/16/2019. (Fox, Stephanie) (Main Document 25 replaced on 12/3/2019) (fms). (Additional attachment(s) added on 12/3/2019: #1 Certificate of Compliance) (fms). |
| Filing 24 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by Parcelcast, LLC. (Attachments: #1 Text of Proposed Order)(Fox, Stephanie) (Main Document 24 replaced on 12/3/2019) (fms). (Attachment 1 replaced on 12/3/2019) (fms). |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Wade L. McClure - filed by Christopher Guggenheim, Guggenheim Holdings, L.L.C., Parcelcast, LLC. (Attachments: #1 Certification by Counsel, #2 Text of Proposed Order)(Hubbard, Antoinette) |
| Filing 22 NOTICE of Appearance by Antoinette D. Hubbard on behalf of Christopher Guggenheim, Guggenheim Holdings, L.L.C., Parcelcast, LLC (Hubbard, Antoinette) |
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SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney Wade L. McClure filed by Guggenheim Holdings, L.L.C., Christopher Guggenheim, Parcelcast, LLC. Signed by Judge Colm F. Connolly on 11/25/2019. (fms)
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| Filing 21 Official Transcript of Telephone Conference held on October 15, 2019 before Judge Maryellen Noreika. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/18/2019. Release of Transcript Restriction set for 2/17/2020. (bpg) |
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SO ORDERED, re #20 STIPULATION TO EXTEND TIME to Answer the Complaint to December 2, 2019 filed by GNH Group, Inc., Set/Reset Answer Deadlines: All Defendants: 12/2/2019. Signed by Judge Colm F. Connolly on 11/7/2019. (fms)
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| Filing 20 STIPULATION TO EXTEND TIME to Answer the Complaint to December 2, 2019 - filed by GNH Group, Inc.. (England, Margaret) |
| Filing 19 SUMMONS Returned Executed by GNH Group, Inc.. Russell Leicht, Jr served on 10/16/2019, answer due 11/6/2019. (England, Margaret) |
| Filing 18 SUMMONS Returned Executed by GNH Group, Inc.. Premier Motorsports Properties, LLC served on 10/16/2019, answer due 11/6/2019. (England, Margaret) |
| Filing 17 REDACTED VERSION of #7 Declaration of Tom Yeh by GNH Group, Inc.. (England, Margaret) |
| Filing 16 REDACTED VERSION of #6 MEMORANDUM in Support of Motion for Temporary Restraining Order by GNH Group, Inc.. (England, Margaret) |
| Filing 15 REDACTED VERSION of #5 MOTION for Temporary Restraining Order by GNH Group, Inc.. (Attachments: #1 Exhibit A- Proposed Order)(England, Margaret) |
| Filing 14 SUMMONS Returned Executed by GNH Group, Inc.. Parcelcast, LLC served on 10/16/2019, answer due 11/6/2019. (England, Margaret) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Pro Hac Vice Attorney Andrew P. Holland for GNH Group, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Filing 13 AFFIDAVIT of Margaret F. England, Esq. Regarding Service of (I) Notice of Teleconference Scheduled for October 15, 2019 at 4:00 p.m. (ET) and (II) Documents in Support of Teleconference re 11 Order Setting Teleconference, #1 Complaint, #5 MOTION for Temporary Restraining Order, #6 MEMORANDUM in Support, #2 Magistrate Consent Forms, #7 Declaration, #3 Disclosure Statement filed by GNH Group, Inc. (Attachments: #1 Exhibit A)(England, Margaret) Modified on 10/15/2019 (dlw). |
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Filing 12
ORDER GRANTING #4 Motion to Seal. Redacted versions of SEALED filings #5 , #6 , and #7 shall be filed on or before 10/22/2019. Signed by Judge Maryellen Noreika on 10/15/2019. (dlw)
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Filing 11
ORAL ORDER - IT IS HEREBY ORDERED that a teleconference is set for 4:00 PM TODAY, 10/15/2019. Plaintiff shall: (1) provide Defendants with notice of this action, the pending motion for temporary restraining order, and this Oral Order or (2) Plaintiff's attorney shall file, by 3:00 PM TODAY, a certification of any efforts to give notice and the reasons why notice should not be required. All parties wishing to join the call shall do so by individually dialing into 302-573-4545. ORDERED by Judge Maryellen Noreika on 10/15/2019. (dlw)
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| Summons Issued with Magistrate Consent Notice attached as to Christopher Guggenheim on 10/15/2019; Guggenheim Holdings, L.L.C. on 10/15/2019; Russell Leicht, Jr on 10/15/2019; One Live Logistics, LLC on 10/15/2019; Parcelcast, LLC on 10/15/2019; Premier Motorsports Properties, LLC on 10/15/2019. (lak) |
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SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Nathaniel H. Lipanovich, Esq., #8 MOTION for Pro Hac Vice Appearance of Attorney Andrew P. Holland, Esq., #9 MOTION for Pro Hac Vice Appearance of Attorney Mark V. Boennighausen, Esq. filed by GNH Group, Inc. ORDERED by Judge Maryellen Noreika on 10/15/2019. (dlw)
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| Minute Entry for proceedings held before The Honorable Maryellen Noreika - Telephone Conference held on 10/15/2019. The Motion for Temporary Restraining Order ( #5 ) is DENIED for the reasons stated on the record. (Court Reporter Brian Gaffigan.) (mdb) |
| Remark: Case submitted for routine judicial assignment. (amf) |
| CORRECTING ENTRY: D.I. 4 has been replaced on the docket with an updated version of the motion and proposed order. (dlw) |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Nathaniel H. Lipanovich, Esq. - filed by GNH Group, Inc.. (England, Margaret) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Mark V. Boennighausen, Esq. - filed by GNH Group, Inc.. (England, Margaret) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Andrew P. Holland, Esq. - filed by GNH Group, Inc.. (England, Margaret) |
| Filing 7 [SEALED] UNREDACTED DECLARATION re D.I. #5 MOTION for Temporary Restraining Order - filed by GNH Group, Inc. (amf) |
| Filing 6 [SEALED] MEMORANDUM OF POINT AND AUTHORITIES in Support re D.I. #5 MOTION for Temporary Restraining Order -filed by GNH Group, Inc.Answering Brief/Response due date per Local Rules is 10/25/2019. (amf) |
| Filing 5 [SEALED] MOTION for Temporary Restraining Order - filed by GNH Group, Inc. (Attachments: #1 Text of Proposed Order)(amf) |
| Filing 4 MOTION for Leave to File Motion for Temporary Restraining Order, Memorandum of Points and Authorities in Support of its Motion and Declaration of Thomas Yeh Under Seal - filed by GNH Group, Inc. (Attachments: #1 Text of Proposed Order)(amf) (Main Document 4 and Attachment 1 replaced on 10/15/2019) (dlw). Modified on 10/15/2019 (dlw). |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by GNH Group, Inc. (amf) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Filing 1 COMPLAINT filed with Jury Demand against Christopher Guggenheim, Guggenheim Holdings, L.L.C., Russell Leicht, Jr, One Live Logistics, LLC, Parcelcast, LLC, AND Premier Motorsports Properties, LLC - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number DEX032514) - filed by GNH Group, Inc. (Attachments: #1 Exhibits A-D, #2 Civil Cover Sheet)(amf) |
| No Summons Issued. (amf) |
| Remark: Exit copies to Duty Judge (MN). (amf) |
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