Nexii Building Solutions Inc. v. NexUS 1, LLC et al
| Nexii Building Solutions Inc. |
| NexUS 1, LLC, NexUS Manager, LLC, John Wolfington and Daniel Metzler |
| 1:2022cv01619 |
| December 22, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Contention Interrogatories filed by Nexii Building Solutions Inc..(Schnabel, Eric) |
Filing 41
ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 2/27/2023, at 3:00 PM in Courtroom 6A. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. Ordered by Judge Richard G. Andrews on 2/8/2023. (nms)
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| Filing 40 NOTICE OF SERVICE of Plaintiff's Objections to Defendants' Contention Interrogatories filed by Nexii Building Solutions Inc..(Schnabel, Eric) |
| Filing 39 NOTICE OF SERVICE of Defendant NexUS 1, LLCs Contention Interrogatories Propounded Upon Plaintiff filed by NexUS 1, LLC.(Sullivan, William) |
| Filing 38 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Sullivan, William) |
| DEFICIENCY NOTICE issued by the Court to defendants NexUS 1, LLC and NexUS Manager, LLC: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel for defendants is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (nms) |
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Filing 37
SCHEDULING ORDER With Respect to Plaintiff's Request for Preliminary Injunction (see Order for further details). Signed by Judge Richard G. Andrews on 1/13/2023. (nms)
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| Filing 36 Letter to The Honorable Richard G. Andrews, from Eric Lopez Schnabel, regarding Plaintiff's Proposed Scheduling Order. (Attachments: #1 Exhibit A )(Schnabel, Eric) Modified on 1/12/2023 (nms). |
| Filing 35 Letter to The Honorable Richard G. Andrews, from William D. Sullivan, regarding Defendants' proposed Scheduling Order. (Attachments: #1 Proposed Order)(Sullivan, William) Modified on 1/12/2023 (nms). |
| Filing 34 Supplemental Exhibit to #32 Reply Brief, by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Sullivan, William) Modified on 1/10/2023 (nms). |
| Filing 33 REQUEST for Oral Argument re #14 Motion to Dismiss, by Nexii Building Solutions Inc. . (Schnabel, Eric) Modified on 1/10/2023 (nms). |
| Filing 32 REPLY BRIEF re #14 MOTION to Dismiss, filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Sullivan, William) Modified on 1/5/2023 (nms). |
| Filing 31 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Nexii Building Solutions Inc.. (Schnabel, Eric) |
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Filing 30
ORAL ORDER: Plaintiff requests an adjournment of the scheduled preliminary injunction hearing (D.I. #27 ), which Defendants oppose (D.I. #29 ). It makes little sense to me to go ahead with a hearing on Plaintiffs motion when Plaintiffs letter, in so many words, says Plaintiff needs to obtain evidence it does not currently have. Thus, I POSTPONE the hearing. I am not setting another date for the hearing, but do direct the parties to meet and confer and to jointly propose within one week a schedule for taking targeted and reasonably expeditious discovery relating to issues in dispute in regard to the preliminary injunction. Plaintiff should include with the joint proposal any subpoenas to third parties, and both sides should provide any requests for production of documents and Rule 30(b)(6) deposition notices. Ordered by Judge Richard G. Andrews on 1/4/2023. (nms)
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| Filing 29 Letter to Judge Andrews, from Defendants, regarding Plaintiff's letter dated December 30, 2022 requesting continuance of preliminary injunction hearing. (Sullivan, William) Modified on 1/3/2023 (nms). |
| Pro Hac Vice Attorney William C. Katz and Mark S. Haltzman for Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, and John Wolfington 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. (mpb) |
| Pro Hac Vice Attorney Daniel P. Goldberger and Rachel P. Stoian for Nexii Building Solutions 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. (mpb) |
| Filing 28 ANSWERING BRIEF in Opposition re #14 MOTION to Dismiss, filed by Nexii Building Solutions Inc..Reply Brief due date per Local Rules is 1/6/2023. (Schnabel, Eric) Modified on 1/3/2023 (nms). |
| Filing 27 Letter to The Honorable Richard G. Andrews from Eric Lopez Schnabel regarding Scheduling of Hearing on Preliminary Injunction Motion. (Schnabel, Eric) |
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SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney Rachel P. Stoian and Daniel Goldberger, filed by Nexii Building Solutions Inc.. Signed by Judge Richard G. Andrews on 12/29/2022. (nms)
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| Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Rachel P. Stoian and Daniel Goldberger - filed by Nexii Building Solutions Inc.. (Schnabel, Eric) |
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Filing 25
ORDER DENYING MOTION FOR TRO: The motion for TRO (D.I. #6 ) is DENIED (see Order for further details). Signed by Judge Richard G. Andrews on 12/28/2022. (nms)
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Filing 24
ORAL ORDER: Plaintiff is to file its answering brief to the motion to dismiss (D.I. #14 ) by COB 12/30/2022. Defendants are to file their reply brief by COB 1/5/2023. Ordered by Judge Richard G. Andrews on 12/28/2022. (nms)
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Filing 23
ORAL ORDER: A hearing on the motion for preliminary injunction (D.I. #6 ) is now set for 1/9/2023, at 9:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 12/28/2022. (nms)
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Filing 22
ORAL ORDER: The motion to dismiss (D.I. #3 ) is DISMISSED as moot; the motions for leave to exceed page limitations (D.I. #11 , D.I. #19 ) are GRANTED. Ordered by Judge Richard G. Andrews on 12/28/2022. (nms)
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| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Mark S. Haltzman and William C. Katz - filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Attachments: #1 Certification, #2 Certification, #3Proposed Order)(Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 20 REPLY BRIEF in Support of #6 Motion for a Temporary Restraining Order, filed by Nexii Building Solutions Inc.. (Schnabel, Eric) Modified on 12/28/2022 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
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SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Mark S. Haltzman and William C. Katz, filed by NexUS Manager, LLC, Daniel Metzler, John Wolfington, NexUS 1, LLC. Signed by Judge Richard G. Andrews on 12/28/2022. (nms)
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| Filing 19 MOTION for Leave to Exceed Page Limitations - filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 18 ANSWERING BRIEF in Opposition to #6 Motion for a Temporary Restraining Order, filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington.Reply Brief due date per Local Rules is 1/3/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 17 Letter to The Honorable Richard G. Andrews from William D. Sullivan regarding a response to the Court's Oral Order - re 12 Oral Order, Set Briefing Schedule. (Sullivan, William) |
| Filing 16 Letter to The Honorable Richard G. Andrews from Eric Lopez Schnabel regarding Request for TRO Hearing. (Schnabel, Eric) |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss, filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington.Answering Brief/Response due date per Local Rules is 1/10/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 14 MOTION to Dismiss - filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Attachments: #1 Proposed Order)(Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 13 Letter to The Honorable Richard G. Andrews from William D. Sullivan regarding Response to Plaintiff Nexii Buildings Solutions, Inc.s letter to the Court dated December 23, 2022 - re #10 Letter,. (Sullivan, William) |
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Filing 12
ORAL ORDER: Defendants response to the motion for temporary restraining order and preliminary injunction is due by 10 p.m. today December 27, 2022. Ordered by Judge Richard G. Andrews on 12/27/2022. (nms)
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| Filing 11 MOTION for Leave to File Excess Pages - filed by Nexii Building Solutions Inc.. (Attachments: #1 Text of Proposed Order)(Glorioso, Alessandra) |
| Remark: Exit electronic copies to Duty Judge (RGA). (smg) |
| Filing 10 Letter to John A. Cerino, Clerk of the Court from Eric Lopez Schnabel regarding request that a duty judge review motion for temporary restraining order and schedule a hearing for week of December 26, 2022. - re #6 MOTION for Temporary Restraining Order and Preliminary Injunction. (Schnabel, Eric) |
| Filing 9 OPENING BRIEF in Support re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nexii Building Solutions Inc..Answering Brief/Response due date per Local Rules is 1/6/2023. (Schnabel, Eric) |
| Filing 8 DECLARATION of Brian Carter re #6 MOTION for Temporary Restraining Order and Preliminary Injunction, by Nexii Building Solutions Inc.. (Schnabel, Eric) Modified on 12/28/2022 (nms). |
| Filing 7 DECLARATION of Stephen Sidwell re #6 MOTION for Temporary Restraining Order and Preliminary Injunction, by Nexii Building Solutions Inc.. (Attachments: #1 Exhibits A-M)(Schnabel, Eric) Modified on 12/28/2022 (nms). |
| Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by Nexii Building Solutions Inc.. (Attachments: #1 Proposed Order)(Schnabel, Eric) Modified on 12/28/2022 (nms). |
| Filing 5 AMENDED COMPLAINT against All Defendants - filed by Nexii Building Solutions Inc.. (Attachments: #1 Exhibit A through J)(Schnabel, Eric) |
| Filing 4 OPENING BRIEF in Support re #3 MOTION to Dismiss, filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington.Answering Brief/Response due date per Local Rules is 1/5/2023. (Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 3 MOTION to Dismiss - filed by Daniel Metzler, NexUS 1, LLC, NexUS Manager, LLC, John Wolfington. (Attachments: #1 Proposed Order)(Sullivan, William) Modified on 12/28/2022 (nms). |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) |
| Filing 1 NOTICE OF REMOVAL from Court of Chancery of the State of Delaware, Case Number 2022-1158-MTZ (Filing fee $402, receipt number ADEDC-4031110) - filed by John Wolfington, NexUS Manager, LLC, NexUS 1, LLC, Daniel Metzler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(srs) Modified on 12/28/2022 (nms). |
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