Volunteer Lenders, Inc. v. Empire Sheds & More, LLC et al
| Volunteer Lenders, Inc. |
| Empire Sheds & More, LLC, Keith Alan Oelerich, Katrin Bergelt Oelerich, Brittany D. Oelerich, Tiffany L. Oelerich, Value Dumpster, LLC and Anna Hope Murphy |
| 6:2023cv01959 |
| October 10, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Leslie Hoffman Price |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Defendant |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER: The Joint Notice Regarding Consent to Preliminary Injunction #40, construed as an unopposed motion for the entry of a preliminary injunction, is GRANTED. See PDF for details. Based on the parties' consent to the waiver of the bond requirement, the Court will not require the posting of security in this case. Signed by Judge Wendy W. Berger on 11/15/2023. (RMF)
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| PRO HAC VICE FEES paid by attorney Walter Preston Battle, appearing on behalf of Plaintiff (Filing fee $150 receipt number ORL-109903.) Related document: #13 Unopposed MOTION for W. Preston Battle IV to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21345541 for $150 . (EAM) |
| Filing 40 JOINT NOTICE Regarding Consent to Preliminary Injunction by Volunteer Lenders, Inc. (Battle, Walter) Modified text on 11/13/2023 (JK). |
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Filing 39
ORDER for W. Preston Battle IV to comply with the administrative procedures regarding electronic filing on or before 11/15/2023. Signed by Judge Wendy W. Berger on 11/1/2023. (RMF)
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| Filing 38 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Tiffany L. Oelerich. (Mandell, Robert) |
| Filing 37 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Brittany D. Oelerich. (Mandell, Robert) |
| Filing 36 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Katrin Bergelt Oelerich. (Mandell, Robert) |
| Filing 35 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Anna Hope Murphy. (Mandell, Robert) |
| Filing 34 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Keith Alan Oelerich. (Attachments: #1 Exhibit)(Mandell, Robert) |
| Filing 33 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Value Dumpster, LLC. (Attachments: #1 Exhibit)(Mandell, Robert) |
| Filing 32 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Empire Sheds & More, LLC. (Attachments: #1 Exhibit)(Mandell, Robert) |
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Filing 31
ORDER granting #30 Motion for Extension of Time. The Temporary Restraining Order #21 shall expire at 11:59 p.m. eastern standard time on November 15, 2023, unless within such time, the Order is extended for an additional period pursuant to Federal Rule of Civil Procedure 65(b)(2). On or before November 10, 2023, the parties shall file a joint notice informing the Court if an agreement regarding the issuance of a preliminary injunction has been reached. Signed by Judge Wendy W. Berger on 10/30/2023. (JMT)
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| Filing 30 Unopposed MOTION to Extend Temporary Restraining Order re #21 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction by Empire Sheds & More, LLC, Katrin Bergelt Oelerich, Keith Alan Oelerich. (Mandell, Robert) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 10/27/2023 (MCB). |
| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by Empire Sheds & More, LLC, Anna Hope Murphy, Brittany D. Oelerich, Katrin Bergelt Oelerich, Keith Alan Oelerich, Tiffany L. Oelerich, Value Dumpster, LLC. (Mandell, Robert) |
| Filing 28 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Value Dumpster, LLC. (Battle, Walter) |
| Filing 27 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Tiffany L. Oelerich. (Battle, Walter) |
| Filing 26 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Keith Alan Oelerich. (Battle, Walter) |
| Filing 25 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Katrin Bergelt Oelerich. (Battle, Walter) |
| Filing 24 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Empire Sheds & More, LLC. (Battle, Walter) |
| Filing 23 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Brittany D. Oelerich. (Battle, Walter) |
| Filing 22 RETURN of service executed on 10/11/2023 by Volunteer Lenders, Inc. as to Anna Hope Murphy. (Battle, Walter) |
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Filing 21
ORDER: The Emergency Motion #3 and the Consent Motion #15 are GRANTED. Effective immediately, Defendants, and their officers, agents, servants, assigns, and employees, and all those in active concert and participation with them, are TEMPORARILY ENJOINED and RESTRAINED (SEE PDF for details). This Order shall expire at 11:59 p.m. eastern standard time on November 1, 2023, unless within such time, the Order is extended for an additional period pursuant to Federal Rule of Civil Procedure 65(b)(2). On or before October 26, 2023, the parties shall file a joint notice informing this Court if an agreement regarding the issuance of a preliminary injunction has been reached. Signed by Judge Wendy W. Berger on 10/18/2023. (RMF)
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| Filing 20 NOTICE of Designating Lead Counsel and Co-Counsel Appearance by Robert I. Mandell on behalf of Empire Sheds & More, LLC, Anna Hope Murphy, Brittany D. Oelerich, Katrin Bergelt Oelerich, Keith Alan Oelerich, Tiffany L. Oelerich, Value Dumpster, LLC (Mandell, Robert) |
| Filing 19 NOTICE TO COUNSEL Robert I. Mandell and Asad Ali of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) |
| Filing 18 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 17
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 10/17/2023. (RMF)
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| Filing 16 NOTICE of Appearance of Counsel and Co-Counsel, Appearance by Robert I. Mandell on behalf of Empire Sheds & More, LLC, Anna Hope Murphy, Brittany D. Oelerich, Katrin Bergelt Oelerich, Keith Alan Oelerich, Tiffany L. Oelerich, Value Dumpster, LLC (Mandell, Robert) |
| Filing 15 Consent MOTION for Temporary Restraining Order by Volunteer Lenders, Inc.. (Attachments: #1 Exhibit 1 - Proposed Consent Order Granting Consent Temporary Restraining Order)(Tom, Robert) |
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Filing 14
ORDER granting #13 Motion to Appear Pro Hac Vice. W. Preston Battle IV, Esq. may specially appear in this case as counsel for Plaintiff. Signed by Magistrate Judge Leslie Hoffman Price on 10/12/2023. (MKH)
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| Filing 13 Unopposed MOTION for W. Preston Battle IV to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21345541 for $150 by Volunteer Lenders, Inc.. (Tom, Robert) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 12 SUMMONS issued as to Keith Alan Oelerich. (JDR) |
| Filing 11 SUMMONS issued as to Tiffany L. Oelerich. (JDR) |
| Filing 10 SUMMONS issued as to Katrin Bergelt Oelerich. (JDR) |
| Filing 9 SUMMONS issued as to Empire Sheds & More, LLC. (JDR) |
| Filing 8 SUMMONS issued as to Brittany D. Oelerich. (JDR) |
| Filing 7 SUMMONS issued as to Anna Hope Murphy. (JDR) |
| Filing 6 SUMMONS issued as to Value Dumpster, LLC. (JDR) |
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Filing 5
ENDORSED ORDER directing Defendants to file responses to #3 Plaintiff's Emergency Motion for a Temporary Restraining Order. Defendants shall file their responses on or before 5:00 p.m., October 13, 2023. Plaintiff must serve this Endorsed Order on defense counsel by 5:00 p.m., October 11, 2023. The Court directs the parties to comply with all applicable Local Rules and the Court's Standing Orders in all future filings in this case. Signed by Judge Wendy W. Berger on 10/11/2023. (JMT)
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| Filing 4 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-1959-WWB-LHP. (RPB) |
| Filing 3 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction Against Defendants Empire Sheds and More, LLC, Keith Alan Oelerich, and Katrin Bergelt Oelerich by Volunteer Lenders, Inc. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Declaration, #3 Exhibit 3 - Declaration)(Dorough, Marisa) Modified text on 10/11/2023 (KME). |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Volunteer Lenders, Inc. identifying Corporate Parent Commercial Bank & Trust Company for Volunteer Lenders, Inc.. (Dorough, Marisa) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-21340468) filed by Volunteer Lenders, Inc.. (Attachments: #1 Exhibit A - Dealer Packet, #2 Exhibit B - Application, #3 Exhibit C - Operating Agmt, #4 Exhibit D - Letter, #5 Civil Cover Sheet, #6 Proposed Summons to A. Murphy - Pls Issue for PPS, #7 Proposed Summons to B. Oelerich - Pls Issue for PPS, #8 Proposed Summons to Empire Sheds - Pls Issue for PPS, #9 Proposed Summons to K.B. Oelerich - Pls Issue for PPS, #10 Proposed Summons to K.A. Oelerich - Pls Issue for PPS, #11 Proposed Summons to T. Oelerich - Pls Issue for PPS, #12 Proposed Summons to Value Dumpster - Pls Issue for PPS)(Dorough, Marisa) |
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