Erwin v. SH1 Holdco LLC
| William Cody Erwin |
| SH1 Holdco LLC |
| 1:2023cv00414 |
| April 14, 2023 |
| US District Court for the District of Delaware |
| Mark A Kearney |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by William Cody Erwin. (deLeeuw, Peter) |
Filing 13
ORDER, We will hold an INITIAL PRETRIAL CONFERENCE by telephone on June 28, 2023 at 8:45 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#). The parties shall exchange the required initial disclosures under Fed. R. Civ. P. 26(a) and shall produce copies of the identified documents, on or before June 15, 2023. The discovery period (maximum ninety days for almost all cases) begins with this Order and the parties shall exchange written discovery requests immediately including focusing pre-conference discovery on information relevant to the most important issues available from the most easily accessible sources. After consulting with all parties, Plaintiff's counsel shall complete and file with the Clerk the required Report of the Rule 26(f) Meeting incorporating, at a minimum, all the information required in our Form Rule 26(f) Report (found on the Court website with our Policies and Procedures) on or before Monday, June 26, 2023. (See Order for further details). Signed by Judge Mark A. Kearney on 6/8/2023. (twk)
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Filing 12
ORDER, appearing Defendant SHI Holdco LLC did not file the disclosure statements required by Federal Rule of Civil Procedure 7.1(a)(1) and (a)(2) at the time of filing its first appearance, it is ORDERED Defendant shall file its disclosure statements compliant with Fed. R. Civ. P. 7.1 no later than June 14, 2023. Signed by Judge Mark A. Kearney on 6/8/2023. (twk)
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Filing 11
ORDER, appearing Plaintiff did not file the disclosure statements required by Federal Rule of Civil Procedure 7.1(a)(2) at the time of filing his Complaint, it is ORDERED Plaintiff shall file his disclosure statement compliant with Fed. R. Civ. P. 7.1(a)(2) no later than June 14, 2023. Signed by Judge Mark A. Kearney on 6/8/2023. (twk)
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| Filing 10 ANSWER to Amended Complaint, re: #9 Amended Complaint, with DEMAND FOR TRIAL BY JURY AFFIRMATIVE DEFENSES, COUNTERCLAIM against William Cody Erwin by SH1 Holdco LLC. (Attachments: #1 Exhibit DEFENDANT SH1 HOLDCO LLCS ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM)(Brennecke, Sean) |
| Filing 9 AMENDED COMPLAINT [Amended Complaint filed in accordance with the Court's May 19, 2023 Order] against All Defendants - filed by William Cody Erwin. (Attachments: #1 Exhibit A-C, #2 Exhibit D [Blackline of Amended Complaint])(deLeeuw, Peter) |
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Filing 8
ORDER, Plaintiff, no later than May 26, 2023, shall either: voluntarily dismiss without prejudice; file an amended Complaint pleading our subject matter jurisdiction including demonstrating either the Chancery Court declined jurisdiction or the parties waived this obligation before filing this suit; or, show cause in a Memorandum not exceeding seven pages as to why we should not dismiss for lack of subject matter jurisdiction and venue. (See Order for further details). Signed by Judge Mark A. Kearney on 5/19/2023. (twk)
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Filing 7
DESIGNATION ORDER of District Judge to Hold a District Court Within the Circuit. Signed by Chief Judge Michael A Chagares on 5/19/2023. (nms)
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| Case Reassigned to Judge Mark A. Kearney. Please include the initials of the Judge (MAK) after the case number on all documents filed. (nms) |
| Filing 6 ANSWER to #1 Complaint , COUNTERCLAIM against William Cody Erwin by SH1 Holdco LLC. (Attachments: #1 Exhibit)(Brennecke, Sean) |
| Filing 5 STIPULATION TO EXTEND TIME the time for Defendant to answer, move, or otherwise respond to the Complaint (D.I. 1) to May 12, 2023 - filed by SH1 Holdco LLC. (Brennecke, Sean) Modified on 5/9/2023 (dlw). |
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SO ORDERED re #5 STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint (D.I. 1) to May 12, 2023 (Set/Reset Answer Deadlines: SH1 Holdco LLC answer due 5/12/2023). ORDERED by Judge Maryellen Noreika on 5/9/2023. (dlw)
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| Pro Hac Vice Attorney Christopher J. Kayser for William Cody Erwin 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. (jdb) |
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SO ORDERED re #4 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Kayser filed by William Cody Erwin. ORDERED by Judge Maryellen Noreika on 5/5/2023. (dlw)
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| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Kayser - filed by William Cody Erwin. (deLeeuw, Peter) |
| Filing 3 SUMMONS Returned Executed by William Cody Erwin.SH1 Holdco LLC served on 4/17/2023, answer due 5/8/2023. (deLeeuw, Peter) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 COMPLAINT filed with Jury Demand against SH1 Holdco LLC ( Filing fee $ 402, receipt number ADEDC-4113655.) - filed by William Cody Erwin. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(mpb) |
| No Summons Issued. (mpb) |
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| Counter defendant: William Cody Erwin | |
| Represented By: | Peter Bradford deLeeuw |
| Represented By: | Christopher J. Kayser |
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| Counter claimant: SH1 Holdco LLC | |
| Represented By: | Sean M. Brennecke |
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