COLONIAL PARKING, INC. v. SIMPSON et al
| COLONIAL PARKING, INC. |
| RONDIE SIMPSON and PARKX MANAGEMENT |
| 1:2023cv02025 |
| July 14, 2023 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 19
CONSENT ORDER. See text for details. The plaintiff's #3 Motion for Temporary Restraining Order is DENIED. The motions hearing set for today is VACATED. This case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on August 1, 2023. (lcdlf2)
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| Filing 18 NOTICE of Consent Order by COLONIAL PARKING, INC. (Attachments: #1 NNNA Agreement)(Stevens, Michael) |
| NOTICE of Hearing: Motion Hearing set for 8/1/2023 at 10:30 AM via video before Judge Dabney L. Friedrich. (zjch, ) |
| Filing 17 RESPONSE TO ORDER OF THE COURT re Order,,, filed by COLONIAL PARKING, INC.. (Attachments: #1 Declaration of Colleen Niese with Appendices)(Stevens, Michael) |
| Filing 16 REPLY to opposition to motion re #3 MOTION for Temporary Restraining Order and MEMORANDUM IN SUPPORT filed by COLONIAL PARKING, INC.. (Attachments: #1 Declaration of Colleen Niese with Appendices)(Stevens, Michael) |
| Filing 15 SUPPLEMENTAL MEMORANDUM re #3 MOTION for Temporary Restraining Order and MEMORANDUM IN SUPPORT filed by COLONIAL PARKING, INC. by PARKX MANAGEMENT, RONDIE SIMPSON. (Zech, Kristin) Modified event title on 7/31/2023 (znmw). |
| NOTICE of Hearing: Motion Hearing set for 8/1/2023 at 11:00 AM VIA VIDEO before Judge Dabney L. Friedrich. (zjch, ) |
| Set/Reset Deadlines/Hearings: The parties are directed to address in greater detail, on or before July 28, 2023, whether the plaintiff will be irreparably harmed absent a temporary restraining order given the timing of this action, the length of time during which Simpson will have already worked at ParkX before the plaintiff's motion is decided, and the length of the term that would be remaining on the contract's noncompete provision after any temporary restraining order is entered. Motion Hearing set for 8/1/2023 at 10:30 AM via ZOOM before Judge Dabney L. Friedrich. (zjch, ) |
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MINUTE ORDER. Upon consideration of the plaintiff's #3 Motion for Temporary Restraining Order and the defendants' #14 Memorandum in Opposition, the parties are directed to address in greater detail, on or before July 28, 2023, whether the plaintiff will be irreparably harmed absent a temporary restraining order given the timing of this action, the length of time during which Simpson will have already worked at ParkX before the plaintiff's motion is decided, and the length of the term that would be remaining on the contract's noncompete provision after any temporary restraining order is entered. The parties should similarly address the effect of these factors on the balance of the equities. So Ordered by Judge Dabney L. Friedrich on July 26, 2023. (lcdlf2)
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| Filing 14 Memorandum in opposition to re #3 Motion for TRO filed by PARKX MANAGEMENT, RONDIE SIMPSON. (Attachments: #1 Exhibit 1 - Colonial/Simpson Agreement, #2 Text of Proposed Order)(Zech, Kristin) |
| Filing 13 NOTICE of Response to Court's July 21, 2023 Minute Order by COLONIAL PARKING, INC. (Stevens, Michael) |
| Filing 12 NOTICE of Citizenship by PARKX MANAGEMENT re Order,,,,,,, Set Deadlines,,,,,, (Zech, Kristin) |
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MINUTE ORDER granting the defendants' #10 and #11 Motions for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 24, 2023. (lcdlf2)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Clyde Findley, Filing fee $ 100, receipt number ADCDC-10223411. Fee Status: Fee Paid. by PARKX MANAGEMENT, RONDIE SIMPSON. (Attachments: #1 Declaration of Clyde Findley, #2 Exhibit Certificate of Good Standing)(Zech, Kristin) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Declan Leonard, Filing fee $ 100, receipt number ADCDC-10223382. Fee Status: Fee Paid. by PARKX MANAGEMENT, RONDIE SIMPSON. (Attachments: #1 Declaration Declaration of Declan Leonard, #2 Exhibit Certificate of Good Standing)(Zech, Kristin) |
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Filing 9
STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on July 21, 2023. (lcdlf2)
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MINUTE ORDER. Consistent with the schedule jointly proposed by the parties to the Court, a hearing on the plaintiff's #3 Motion for Temporary Restraining Order is set for August 1, 2023 at 11:00am via videoconference. The defendants shall respond to the motion on or before July 25, 2023, and the plaintiff shall file a reply on or before July 28, 2023. In addition, before deciding the motion, the Court has an "independent duty" to confirm its jurisdiction. Attias v. Carefirst, Inc., 865 F.3d 620, 623 (D.C. Cir. 2017). The #1 Complaint in this action asserts only diversity of citizenship as a basis for the Court's jurisdiction, and it appears to sufficiently allege that the plaintiff is a citizen of Maryland and of the District of Columbia, and that the individual defendant is a citizen of Virginia. Compl. ¶¶ 2-3. But as to ParkX, which alleged to be "a Virginia limited liability company," id. ¶ 4, it is unclear whether the requirement of complete diversity is met. "Unincorporated associations, including LLCs, have the citizenship of each of their members." CostCommand, LLC v. WH Administrators, Inc., 820 F.3d 19, 21 (D.C. Cir. 2016). But the citizenship of ParkX's members is not alleged in the complaint. Accordingly, on or before July 24, 2023, the parties are directed to state their positions, with any additional supporting evidence, on whether the Court has jurisdiction over this action. So Ordered by Judge Dabney L. Friedrich on July 21, 2023. (lcdlf2)
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| Filing 8 NOTICE of Appearance by Kristin Anne Martin Zech on behalf of RONDIE SIMPSON (Zech, Kristin) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PARKX MANAGEMENT served on 7/17/2023, answer due 8/7/2023 (Stevens, Michael) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONDIE SIMPSON served on 7/15/2023, answer due 8/5/2023 (Stevens, Michael) |
| Filing 5 NOTICE of Appearance by Kristin Anne Martin Zech on behalf of PARKX MANAGEMENT (Zech, Kristin) |
| Filing 4 SUMMONS (2) Issued Electronically as to All Defendants. (Attachments: #1 Notice and Consent)(zljn) |
| Filing 3 MOTION for Temporary Restraining Order and MEMORANDUM IN SUPPORT by COLONIAL PARKING, INC.. (Attachments: #1 Text of Proposed Order)(Stevens, Michael) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COLONIAL PARKING, INC. (Stevens, Michael) |
| Filing 1 COMPLAINT (Verified) against PARKX MANAGEMENT, RONDIE SIMPSON ( Filing fee $ 402 receipt number ADCDC-10206693) filed by COLONIAL PARKING, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons to Rondie Simpson, #3 Summons to ParkX Management, LC)(Stevens, Michael) |
| Case Assigned to Judge Dabney L. Friedrich. (zljn) |
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