Nafta Traders Inc v Hewy Wine Chillers LLC
| Nafta Traders, Inc. |
| Hewy Wine Chillers, LLC, Benjamin W. Hewitt and Corkcicle, LLC |
| 6:2019cv01672 |
| August 27, 2019 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Gregory J Kelly |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 92 RESPONSE in Opposition re #87 MOTION to Dismiss Defendant Corkcicle, LLC's Counterclaim filed by Corkcicle, LLC. (Pittenger, Thomas) |
| Reset deadline as to #87 MOTION to Dismiss Defendant Corkcicle, LLC's Counterclaim . Defendant's Response due by 12/5/2019 (LDJ) |
Filing 91
ORDER granting #90 DEFENDANT CORKCICLE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO DISMISS. Defendant shall file its response to the motion to dismiss its counterclaim on or before December 5, 2019. Signed by Magistrate Judge Gregory J. Kelly on 11/21/2019. (MB)
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| Filing 90 Unopposed MOTION to extend time to Respond to Plaintiff's Motion to Dismiss by Corkcicle, LLC, Hewy Wine Chillers, LLC. (Pittenger, Thomas) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 89 RESPONSE in Opposition re #75 MOTION to dismiss for failure to state a claim as to Counts I-II and IV-VI of the Second Amended Complaint filed by Nafta Traders, Inc.. (Attachments: #1 Exhibit A - Appendix to Plaintiff's Brief (Dkt. 33), #2 Exhibit B - Findings, Conclusions & Recommendation of Mag. Judge (Dkt. 50), #3 Exhibit C - Order Denying Defendant's Motion to Dismiss (Dkt. 51))(Wayne, Braden) |
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Filing 88
ENDORSED ORDER granting #86 PLAINTIFF'S AGREED MOTION FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S COUNTERCLAIM OUT OF TIME. Plaintiff's motion to dismiss the counterclaim, Doc. No. 87, is deemed timely filed. Signed by Magistrate Judge Gregory J. Kelly on 11/12/2019. (MB)
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| Filing 87 MOTION to Dismiss Defendant Corkcicle, LLC's Counterclaim by Nafta Traders, Inc. (Wayne, Braden) |
| Filing 86 Agreed MOTION for Extension of Time to File Response/Reply as to #76 Answer to amended complaint, Counterclaim by Nafta Traders, Inc. (Wayne, Braden) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/12/2019 (LDJ). |
| Filing 85 CASE REFERRED to Mediation. Richard Joyce appointed as Mediator. (SPM) |
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Filing 84
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/24/2020, Joinder of Parties due by 1/24/2020, Discovery due by 11/20/2020, Dispositive motions due by 12/18/2020, Pretrial statement due by 5/10/2021, All other motions due by 4/1/2021, Plaintiff disclosure of expert report due by 10/6/2020, Defendant disclosure of expert report due by 11/6/2020, Trial Status Conference set for 5/11/2021 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Bench Trial set for trial term commencing 6/7/2021 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 12/15/2020. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 11/5/2019. (RMF)(Copies mailed).
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Filing 83
ENDORSED ORDER granting #82 PLAINTIFF'S AMENDED AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS #75. The Response is due by 11/15/2019. Signed by Magistrate Judge Gregory J. Kelly on 11/1/2019. (MB)
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| Filing 82 Amended MOTION for Extension of Time to File Response/Reply as to #75 MOTION to dismiss for failure to state a claim as to Counts I-II and IV-VI of the Second Amended Complaint Plaintiff's Amended Agreed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss by Nafta Traders, Inc.. (Wayne, Braden) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 81 AMENDED CASE MANAGEMENT REPORT. (Pittenger, Thomas) Modified on 11/1/2019 (BIA). |
| Filing 80 CASE MANAGEMENT REPORT. (Pittenger, Thomas) |
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Filing 79
ENDORSED ORDER denying #78 Plaintiff's Agreed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff fails to show good cause and the Motion fails to comply with Local Rule 3.01(a). Signed by Magistrate Judge Gregory J. Kelly on 10/31/2019. (MB)
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| Filing 78 MOTION for Extension of Time Until 11/15/19 to File Response/Reply as to #75 MOTION to dismiss for failure to state a claim as to Counts I-II and IV-VI of the Second Amended Complaint by Nafta Traders, Inc. (Attachment: #1 Text of Proposed Order)(Wayne, Braden) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/28/2019 (EJS). |
| Filing 77 CERTIFICATE of interested persons and corporate disclosure statement re #72 Certificate of interested persons and corporate disclosure statement Amended by Corkcicle, LLC, Benjamin W. Hewitt, Hewy Wine Chillers, LLC. (Pittenger, Thomas) |
| Filing 76 ANSWER and affirmative defenses to #69 Amended Complaint as to Count III (only), COUNTERCLAIM against Nafta Traders, Inc. by Hewy Wine Chillers, LLC, Corkcicle, LLC. (Attachments: #1 Exhibit A to Counterclaim)(Pittenger, Thomas) |
| Filing 75 MOTION to dismiss for failure to state a claim as to Counts I-II and IV-VI of the Second Amended Complaint by Corkcicle, LLC, Benjamin W. Hewitt, Hewy Wine Chillers, LLC. (Pittenger, Thomas) |
| Mail returned as Undeliverable re: 68 Order on Motion for Leave to File, 60 Order on motion to extend time, #59 Order on motion to appear pro hac vice. Mail NOT resent to Caitlin J. Morgan. (BIA) |
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Filing 74
ENDORSED ORDER granting #73 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT. The responses to the amended complaint are due on October 18, 2019. Signed by Magistrate Judge Gregory J. Kelly on 9/24/2019. (MB)
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| Filing 73 Unopposed MOTION to extend time to respond to Second Amended Complaint (Doc. #69) by Corkcicle, LLC, Benjamin W. Hewitt. (Pittenger, Thomas) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 9/24/2019, to add docket relationships and filers. (SPB). |
| Filing 72 CERTIFICATE of interested persons and corporate disclosure statement re #62 Interested persons order by Corkcicle, LLC, Benjamin W. Hewitt, (Pittenger, Thomas) Modified on 9/24/2019, to edit filers (SPB). |
| Filing 71 NOTICE of pendency of related cases re #61 Related case order and track 2 notice per Local Rule 1.04(d) by Corkcicle, LLC, Benjamin W. Hewitt. Related case(s): yes (Pittenger, Thomas) Modified on 9/24/2019, to edit filers. (SPB). |
| Filing 70 NOTICE of Appearance by Thomas Todd Pittenger on behalf of Benjamin W. Hewitt (Pittenger, Thomas) |
| Filing 69 SECOND AMENDED COMPLAINT against Corkcicle, LLC, Benjamin W. Hewitt filed by Nafta Traders, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Wayne, Braden) Modified on 9/19/2019, to correct docket text. (SPB). |
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Filing 68
ENDORSED ORDER granting #65 UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. Plaintiff shall file the amended complaint as a separate docket entry. Signed by Magistrate Judge Gregory J. Kelly on 9/18/2019. (MB)
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| Filing 67 NOTICE of pendency of related cases re #61 Related case order and track 2 notice per Local Rule 1.04(d) by Nafta Traders, Inc.. Related case(s): y (Wayne, Braden) |
| Filing 66 CERTIFICATE of interested persons and corporate disclosure statement re #62 Interested persons order by Nafta Traders, Inc.. (Wayne, Braden) |
| Filing 65 Unopposed MOTION for leave to file Amended Complaint by Nafta Traders, Inc.. (Wayne, Braden) |
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Filing 64
ORDER granting #63 AMENDED MOTION FOR ADMISSION PRO HAC VICE AND WRITTEN DESIGNATION AND CONSENT TO ACT, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 9/16/2019. (MB)
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| Filing 63 Amended MOTION for Braden M. Wayne to appear pro hac vice by Nafta Traders, Inc.. (Barrett, Richard) Motions referred to Magistrate Judge Gregory J. Kelly. |
| ***PRO HAC VICE FEES paid by attorney Braden M. Wayne, appearing on behalf of Nafta Traders, Inc. (Filing fee $150 receipt number ORL-085506.) Related document: #63 Amended MOTION for Braden M. Wayne to appear pro hac vice. (BIA) |
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Filing 62
INTERESTED PERSONS ORDER for both Plaintiff and Defendant. Certificate of interested persons and corporate disclosure statement due by 9/26/2019. Signed by Judge Wendy W. Berger on 9/12/2019. (copies mailed/emailed)(AKC)
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| Filing 61 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/26/2019. Signed by Deputy Clerk on 9/12/2019. (copies mailed/emailed)(AKC) |
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Filing 60
ENDORSED ORDER granting in part and denying in part #58 Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint Due to Plaintiff's Imminent Filing of Motion for Leave to File Second Amended Complaint, and to Establish Local Rule 3.05 Case Management Report Deadline. The response to the Amended Complaint is due on September 20, 2019, if no second amended complaint is filed before then. The deadline to conduct the case management conference is October 25, 2019. In all other respects, the motion is denied. Signed by Magistrate Judge Gregory J. Kelly on 9/11/2019. (MB)
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| Set/reset deadlines: Answer due by 9/20/2019. (BIA) |
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Filing 59
ORDER denying #55 MOTION FOR ADMISSION PRO HAC VICE, AND WRITTEN DESIGNATION AND CONSENT TO ACT. Signed by Magistrate Judge Gregory J. Kelly on 9/10/2019. (MB)
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| Filing 58 Unopposed MOTION to extend time to Respond to Amended Complaint (Doc. 7) Due to Plaintiff's Imminent Filing of Motion for Leave to File Second Amended Complaint, and to Establish Local Rule 3.05 Case Management Report Deadline by Hewy Wine Chillers, LLC. (Pittenger, Thomas) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 57 NOTICE of Appearance by Thomas Todd Pittenger on behalf of Hewy Wine Chillers, LLC (Pittenger, Thomas) |
| Filing 56 NOTICE of Appearance by Richard Lee Barrett on behalf of Nafta Traders, Inc. (Barrett, Richard) |
| Filing 55 MOTION for Braden M. Wayne to appear pro hac vice by Nafta Traders, Inc.. (Barrett, Richard) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 54 NOTICE to counsel Braden Michael Wayne, Michael Robert Steinmark, Leane K. Capps, Ashley Gould, Caitlin J. Morgan and David Rockwell Bower of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk). (MAA) |
| Filing 53 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Berger and Magistrate Judge Kelly. New Case Number: 6:19-cv-1672-Orl-78GJK. (MAA) |
| Filing 52 Case transferred in from District of Texas Northern; Case Number 3:18-cv-02773. File received electronically |
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Filing 51
ORDER: accepting #50 the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Instead of dismissing this action for lack of personal jurisdiction, the court, in the interest of justice, sua sponte transfers it to the Middle District of Florida, Orlando Division pursuant to 28 U.S.C. 1631, and directs the clerk of the court to effect the transfer in accordance with the usual procedure. In light of this ruling, the court denies as moot #8 Defendant's Alternative Motion to Dismiss Plaintiff's Fraudulent Inducement Claim, and directs the clerk of the court to term this motion in its entirety. The court also denies #28 Plaintiff's Motion to Strike theDeclaration of Benjamin Hewitt. (Ordered by Judge Sam A. Lindsay on 8/27/2019) (chmb) [Transferred from txnd on 8/27/2019.]
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Filing 50
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny Plaintiff's Motion to Strike the Declaration of Benjamin Hewitt Filed In Support Of Defendant's Motion to Dismiss [Dkt. No. #28], grant both Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, to Dismiss Plaintiff's Fraudulent Inducement Claim [Dkt. No. #8], and, because the Court cannot exercise personal jurisdiction over nonresident Corkcicle, dismiss without prejudice Plaintiff's First Amended Complaint. (Ordered by Magistrate Judge David L. Horan on 7/23/2019) (mcrd) [Transferred from txnd on 8/27/2019.]
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| Filing 49 Appendix in Support filed by Hewy Wine Chillers LLC re #48 Brief/Memorandum in Support of Motion, (Appendix to Defendant's Supplemental Brief in Support of Motion to Dismiss) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 48 Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Defendant's Supplemental Brief in Support of Motion to Dismiss) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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Filing 47
ORDER granting #45 Motion for Leave to File. (The requesting party must file the document with the clerk.) Defendant may submit: (1) a Supplemental Brief outlining recent changes to Corkcicle's legal name and membership interests in support of its Motion to Dismiss that does not exceed seven pages; and (2) an Appendix that does not exceeds five pages to provide sworn testimony to the court regarding Corkcicle's new corporate structure only. (Ordered by Judge Sam A Lindsay on 4/22/2019) (aaa) [Transferred from txnd on 8/27/2019.]
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| Filing 46 Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #45 Unopposed MOTION for Leave to File Supplemental Brief and Appendix in Support of Motion to Dismiss (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 45 Unopposed MOTION for Leave to File Supplemental Brief and Appendix in Support of Motion to Dismiss filed by Hewy Wine Chillers LLC (Attachments: #1 Proposed Order) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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Filing 44
ELECTRONIC ORDER granting #43 Motion to Withdraw as Attorney. Accordingly, Attorney Michael Robert Steinmark is withdrawn as counsel for Plaintiff, and he is relieved of any further obligation to or representation of Plaintiff in this case. (Ordered by Judge Sam A Lindsay on 4/12/2019) (chmb) [Transferred from txnd on 8/27/2019.]
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| Filing 43 Unopposed MOTION to Withdraw as Attorney of Record, Michael Steinmark, filed by Nafta Traders Inc (Attachments: #1 Proposed Order Granting Unopposed Motion to Withdraw as Counsel of Record) (Steinmark, Michael) [Transferred from txnd on 8/27/2019.] |
| Filing 42 REPLY filed by Nafta Traders Inc re: #28 MOTION to Strike #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 41 Appendix in Support filed by Hewy Wine Chillers LLC re #40 Reply, (Appendix to Defendant's Reply in Support of Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 40 REPLY filed by Hewy Wine Chillers LLC re: #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 39 Appendix in Support filed by Hewy Wine Chillers LLC re #38 Brief/Memorandum in Support of Motion, #37 Response/Objection, (Appendix in Support of Response to Plaintiff's Motion to Strike the Declaration of Benjamin Hewitt) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 38 Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #37 Response/Objection, (Defendant's Brief in Support of Response to Plaintiff's Motion to Strike the Declaration of Benjamin Hewitt) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 37 RESPONSE filed by Hewy Wine Chillers LLC re: #28 MOTION to Strike #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Sealed Document S-34. (MAA) |
| Sealed Document S-35. (MAA) |
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Filing 36
ELECTRONIC ORDER granting 34 Defendant's Unopposed Motion to for Leave to File an Appendix under Seal in Support of its Motion to Dismiss, permitting Defendant Hewy Wine Chillers, LLC d/b/a Corkcicle to file a Reply Appendix with its Reply in Support of its Motion to Dismiss, and ordering that documents Bates labeled HWC 00015 and HWC 00148 be filed under seal. (Ordered by Magistrate Judge David L. Horan on 3/19/2019.) [Transferred from txnd on 8/27/2019.]
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| Filing 33 Appendix in Support filed by Nafta Traders Inc re #32 Brief/Memorandum in Support of Motion (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 32 Brief/Memorandum in Support filed by Nafta Traders Inc re #31 Response/Objection, (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 31 RESPONSE filed by Nafta Traders Inc re: #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 30 Appendix in Support filed by Nafta Traders Inc re #29 Brief/Memorandum in Support of Motion, (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 29 Brief/Memorandum in Support filed by Nafta Traders Inc re #28 MOTION to Strike #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 28 MOTION to Strike #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) filed by Nafta Traders Inc (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
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Filing 27
AGREED PROTECTIVE ORDER granting #26 Motion for Protective Order. (Ordered by Judge Sam A Lindsay on 2/15/2019) (epm) [Transferred from txnd on 8/27/2019.]
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| Filing 26 Agreed MOTION for Protective Order filed by Hewy Wine Chillers LLC (Attachments: #1 Proposed Order) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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Filing 25
Order Referring Motion re: #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim). Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A Lindsay on 2/11/2019) (epm) [Transferred from txnd on 8/27/2019.]
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| Filing 24 NOTICE of Change of Address for Attorney Braden Michael Wayne on behalf of Nafta Traders Inc. (Filer confirms contact info in ECF is current.) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
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Filing 23
ORDER denying #20 Motion for Leave to File Objections to Magistrate Judge's Memorandum Opinion and Order. The court strikes as untimely Defendant's objection and supporting brief (Docs. #21 , #22) that were filed without leave of court being granted. (Ordered by Judge Sam A Lindsay on 1/7/2019) (mla) [Transferred from txnd on 8/27/2019.]
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| Filing 22 ***STRICKEN PER #23 ORDER*** Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #21 Objection/Response to Magistrate Judge Order (Capps, Leane) Modified on 1/7/2019 (mla). [Transferred from txnd on 8/27/2019.] |
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Filing 21
***STRICKEN PER #23 ORDER*** OBJECTION to a Magistrate Judge Order #19 MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery [Dkt. No. #11] and authorizes Plaintiff Nafta Traders, Inc. to conduct the limited jurisdictional discovery outlined in its Discovery Motion and limited, as the Court has already ordered, "to facts that show the existence or nonexistence of personal jurisdiction." Dkt. No. #18 at 2. All jurisdictional discovery must be completed by February 15, 2019, and any motion raising a dispute that may arise regarding this jurisdictional discovery must be filed by February 8, 2019. (Ordered by Magistrate Judge David L. Horan on 12/20/2018) (mcrd) . (Capps, Leane) Modified on 1/7/2019 (mla). [Transferred from txnd on 8/27/2019.]
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| Filing 20 MOTION for Leave to File Objections to Magistrate Judge's Memorandum Opinion and Order(Motion for Leave to Extend Time) filed by Hewy Wine Chillers LLC (Attachments: #1 Exhibit(s) A) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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Filing 19
MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery [Dkt. No. #11] and authorizes Plaintiff Nafta Traders, Inc. to conduct the limited jurisdictional discovery outlined in its Discovery Motion and limited, as the Court has already ordered, "to facts that show the existence or nonexistence of personal jurisdiction." Dkt. No. #18 at 2. All jurisdictional discovery must be completed by February 15, 2019, and any motion raising a dispute that may arise regarding this jurisdictional discovery must be filed by February 8, 2019. (Ordered by Magistrate Judge David L. Horan on 12/20/2018) (mcrd) [Transferred from txnd on 8/27/2019.]
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Filing 18
Order Referring #11 MOTION Leave to Conduct Jurisdictional Discovery. Motion referred to Magistrate Judge David L. Horan. Plaintiff's Motion to Extend Deadline to Respond to Defendants' Motion to Dismiss (Doc. #12) is granted. (Ordered by Judge Sam A Lindsay on 11/14/2018) (aaa) [Transferred from txnd on 8/27/2019.]
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| Filing 17 Appendix in Support filed by Nafta Traders Inc re #16 Reply, Motion for Leave to Conduct Jurisdictional Discovery and Motion to Extend Deadline (Attachments: #1 Exhibit(s) A (A1-A6), #2 Exhibit(s) B (B1)) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 16 REPLY filed by Nafta Traders Inc re: #12 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Ind, #11 MOTION Leave to Conduct Jurisdictional Discovery (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 15 Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #14 Response/Objection, (Defendant's Brief in Support of Response to Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery and Plaintiff's Motion to Extend Deadline to Respond to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 14 RESPONSE filed by Hewy Wine Chillers LLC re: #12 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Ind, #11 MOTION Leave to Conduct Jurisdictional Discovery (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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Filing 13
ORDER: The court expedites the briefing on Plaintiff's motions (#11, #12) such that any response by Defendant to the motions must be filed by November 9, 2018, and any reply by Plaintiff must be filed by November 13, 2018. Any response or reply filed by the parties must be supported by legal authority. (Ordered by Judge Sam A Lindsay on 11/1/2018) (chmb) [Transferred from txnd on 8/27/2019.]
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| Deadline set per #13 Order: Responses due by 11/9/2018. Replies due by 11/13/2018 re: #12 Motion for Extension of Time to File Response/Reply, #11 Motion for Leave to Conduct Jurisdictional Discovery. (axm) [Transferred from txnd on 8/27/2019.] |
| Filing 12 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) filed by Nafta Traders Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Order Granting Extension of Time) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 11 MOTION Leave to Conduct Jurisdictional Discovery filed by Nafta Traders Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Order Granting Motion for Leave) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 10 Appendix in Support filed by Hewy Wine Chillers LLC re #9 Brief/Memorandum in Support of Motion, (Appendix to Defendant's Brief in Support of Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 9 Brief/Memorandum in Support filed by Hewy Wine Chillers LLC re #8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss Plaintiff's Fraudulent Inducement Claim) filed by Hewy Wine Chillers LLC (Attachments: #1 Proposed Order) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 7 AMENDED COMPLAINT against Hewy Wine Chillers LLC filed by Nafta Traders Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) EXHIBIT 1, #2 Exhibit(s) EXHIBIT 2, #3 Exhibit(s) EXHIBIT 3, #4 Exhibit(s) EXHIBIT 4, #5 Exhibit(s) EXHIBIT 5, #6 Exhibit(s) EXHIBIT 6) (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nafta Traders Inc. (Wayne, Braden) [Transferred from txnd on 8/27/2019.] |
| Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ajb) [Transferred from txnd on 8/27/2019.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hewy Wine Chillers, LLC d/b/a Corkcicle. (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 3 Supplemental Document by Hewy Wine Chillers, LLC d/b/a Corkcicle (Supplemental Civil Cover Sheet for Cases Removed from State Court). (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 2 NOTICE of (Civil Cover Sheet) filed by Hewy Wine Chillers, LLC d/b/a Corkcicle (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 44th Judicial District Court, Dallas County, Texas, case number DC-18-15369 filed by Hewy Wine Chillers, LLC d/b/a Corkcicle. (Filing fee $400; receipt number 0539-9524582) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Capps, Leane) [Transferred from txnd on 8/27/2019.] |
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