ARC WOOD & TIMBERS LLC v RIVERWOOD FLOORING & PANELING INC et al
| Arc Wood & Timbers, LLC and ARC WOOD & TIMBERS LLC |
| Riverwood Flooring & Paneling, Inc., Keith Lacy, RIVERWOOD FLOORING & PANELING INC and DOES 1 through 25 |
| 1:2022cv00006 |
| January 20, 2022 |
| US District Court for the Middle District of Georgia |
| LESLIE ABRAMS GARDNER |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 9/7/2022. Dispositive motions due by 10/7/2022. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 03/15/2022. (Attachments: #1 Proposed Scheduling & Discovery Order)(mdm) |
| Notice of Deficiency (related document(s): #51 Corporate Disclosure Statement filed by ARC WOOD & TIMBERS LLC, #52 Jurisdictional Statement filed by ARC WOOD & TIMBERS LLC, #50 Answer to Counterclaim filed by ARC WOOD & TIMBERS LLC ); The signature block does not include the e mail address of the filer. Please do not re-file, for future reference only. See Fed.R.Civ.P 11.(bcl) |
| Filing 52 Jurisdictional Statement by ARC WOOD & TIMBERS LLC (LIPANOVICH, NATHANIEL) |
| Filing 51 Corporate Disclosure Statement by ARC WOOD & TIMBERS LLC (LIPANOVICH, NATHANIEL) |
| Filing 50 ANSWER to #44 Answer to Amended Complaint, Counterclaim by ARC WOOD & TIMBERS LLC.(LIPANOVICH, NATHANIEL) |
| Filing 49 Corporate Disclosure Statement by RIVERWOOD FLOORING & PANELING INC (CARGILE, JOSEPH) |
| SECOND Notice of Deficiency (related document(s): #44 Answer to Amended Complaint, Counterclaim filed by RIVERWOOD FLOORING & PANELING INC, KEITH LACY ); All nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately. See Local Rule 87.1.(bcl) |
Filing 48
ORDER granting #46 Motion ; granting #46 Motion to Withdraw as Attorney. Attorney Scott Michael McLeod and Edward Lee Seidel terminated. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 2/9/2022 (bcl)
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| Filing 47 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 3/11/2022. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 2/9/2022. (Attachments: #1 Required Form)(far) |
| Filing 46 CONSENT MOTION withdrawal & substitution of counsel (, ), MOTION to Withdraw as Attorney by KEITH LACY, RIVERWOOD FLOORING & PANELING INC filed by JOSEPH C CARGILE. (Attachments: #1 Affidavit Declaration of Keith Lacy, #2 Affidavit Declaration of Edward Seidel, #3 Affidavit Declaration of Scott McLeod)(CARGILE, JOSEPH) |
| Filing 45 Jurisdictional Statement by RIVERWOOD FLOORING & PANELING INC (CARGILE, JOSEPH) |
| Notice of Deficiency (related document(s): #44 Answer to Amended Complaint, Counterclaim filed by RIVERWOOD FLOORING & PANELING INC, KEITH LACY ); All nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately. See Local Rule 87.1.(bcl) |
| Filing 44 ANSWER to #33 Amended Complaint/Petition, COUNTERCLAIM against ARC WOOD & TIMBERS LLC by KEITH LACY, RIVERWOOD FLOORING & PANELING INC with Jury Demand.(CARGILE, JOSEPH) |
| Filing 43 NOTICE of Attorney Appearance by JOSEPH C CARGILE on behalf of KEITH LACY, RIVERWOOD FLOORING & PANELING INC (CARGILE, JOSEPH) |
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Filing 42
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NATHANIEL H LIPANOVICH (ans)
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Filing 41
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANDREW PATRICK HOLLAND (ans)
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| Notice of Deficiency (related document(s): #40 Notice (Other) filed by RIVERWOOD FLOORING & PANELING INC, KEITH LACY ); Document must be converted into text-searchable PDF format and re-filed. See CM/ECF Administrative Procedures, page 9; An attorney (other than a federal or state government attorney) appearing of record in any action pending in this district, who wishes to withdraw as counsel for any party therein, shall submit a written Motion to Withdraw as Attorney. See Local Rule 83.1.4. Attorney Cargile must also file an Entry of Appearance.(bcl) |
| Filing 40 NOTICE Notice of Withdrawal and Substitution of Counsel by KEITH LACY, RIVERWOOD FLOORING & PANELING INC (CARGILE, JOSEPH) |
| Filing 39 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ARC WOOD & TIMBERS LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4004135, $100. LOCAL COUNSEL Name and Georgia Bar #: Robert Khayat 416981. (Attachments: #1 Certificate of Good Standing)(LIPANOVICH, NATHANIEL) |
| Filing 38 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ARC WOOD & TIMBERS LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4003658, $100. LOCAL COUNSEL Name and Georgia Bar #: Robert Khayat 416981. (Attachments: #1 Certificate of Good Standing)(HOLLAND, ANDREW) |
| Notice of Deficiency (related document(s): #36 Notice of Attorney Appearance filed by ARC WOOD & TIMBERS LLC, #37 Notice of Attorney Appearance filed by ARC WOOD & TIMBERS LLC ); The signature block does not include the e mail address of the filer. Please do not re-file, for future reference only. See Fed.R.Civ.P 11.(bcl) |
| Filing 37 NOTICE of Attorney Appearance by BRIAN SPIELMAN on behalf of ARC WOOD & TIMBERS LLC Attorney BRIAN SPIELMAN added to party ARC WOOD & TIMBERS LLC(pty:pla)(SPIELMAN, BRIAN) |
| Filing 36 NOTICE of Attorney Appearance by ROBERT C KHAYAT, JR on behalf of ARC WOOD & TIMBERS LLC Attorney ROBERT C KHAYAT, JR added to party ARC WOOD & TIMBERS LLC(pty:pla)(KHAYAT, ROBERT) |
| Filing 35 Case transferred in District Transfer from District of California Northern; Case Number 4:21-cv-04885. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
| US DISTRICT JUDGE LESLIE ABRAMS GARDNER added. (mdm) |
| NOTICE TO COUNSEL Edward Lee Seidel, Scott Michael McLeod - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(mdm) |
| NOTICE TO COUNSEL Stephen C. Gerrish, Andrew Patrick Holland, Nathaniel H. Lipanovich - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(mdm) |
| Filing 34 Remark: emailed ECFhelpdesk to transfer case to MD/GA (ark, COURT STAFF) (Filed on 1/3/2022) [Transferred from cand on 1/20/2022.] |
| Filing 33 AMENDED COMPLAINT against All Defendants. Filed byArc Wood & Timbers, LLC. (Lipanovich, Nathaniel) (Filed on 1/3/2022) [Transferred from cand on 1/20/2022.] |
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Filing 32
ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #31 Stipulation to Transfer Venue. (ndr, COURT STAFF) (Filed on 12/22/2021) [Transferred from cand on 1/20/2022.]
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| Filing 31 STIPULATION WITH PROPOSED ORDER to Transfer Venue filed by Arc Wood & Timbers, LLC. (Lipanovich, Nathaniel) (Filed on 12/21/2021) [Transferred from cand on 1/20/2022.] |
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Filing 30
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #17 MOTION TO DISMISS. Amended Pleadings due by 1/3/2022. (ndr, COURT STAFF) (Filed on 12/6/2021) [Transferred from cand on 1/20/2022.]
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| Filing 29 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #17 motion to dismiss filings under submission. The case management conference and the hearing on the motion previously scheduled for December 2nd at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/1/2021) [Transferred from cand on 1/20/2022.] |
| Filing 28 CLERK'S NOTICE RE DOCKET NOS. #17 and 20 . Notice is hereby given that the hearing on the motion and the initial case management conference set for December 2, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/29/2021) [Transferred from cand on 1/20/2022.] |
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Filing 27
ORDER by Judge Haywood S. Gilliam, Jr. Granting #24 Stipulation Selecting Private ADR. (ndr, COURT STAFF) (Filed on 11/24/2021) [Transferred from cand on 1/20/2022.]
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| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 11/24/2021) [Transferred from cand on 1/20/2022.] |
| Filing 26 Rule 7.1 Disclosures by Keith Lacy, Riverwood Flooring & Paneling, Inc. DISCLOSURE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO CIVIL LOCAL RULE 3-15 (Seidel, Edward) (Filed on 11/23/2021) [Transferred from cand on 1/20/2022.] |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by Arc Wood & Timbers, LLC. (Lipanovich, Nathaniel) (Filed on 11/23/2021) [Transferred from cand on 1/20/2022.] |
| Filing 24 STIPULATION and Proposed Order selecting Private ADR by Arc Wood & Timbers, LLC filed by Arc Wood & Timbers, LLC. (Lipanovich, Nathaniel) (Filed on 11/23/2021) [Transferred from cand on 1/20/2022.] |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Riverwood Flooring & Paneling, et al. (Seidel, Edward) (Filed on 11/22/2021) [Transferred from cand on 1/20/2022.] |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lipanovich, Nathaniel) (Filed on 11/19/2021) [Transferred from cand on 1/20/2022.] |
| Filing 21 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 11/15/2021) [Transferred from cand on 1/20/2022.] |
| Filing 20 CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for October 5, 2021, is continued to December 2, 2021, at 2:00 p.m., to be held along with the hearing on the #17 motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/27/2021) [Transferred from cand on 1/20/2022.] |
| Filing 19 REPLY (re #17 MOTION to Dismiss for Lack of Jurisdiction ) filed byKeith Lacy, Riverwood Flooring & Paneling, Inc.. (Attachments: #1 Declaration Keith Lacy iso Reply To Motion To Dismiss For Lack Of Personal Jurisdiction, #2 Certificate/Proof of Service)(Seidel, Edward) (Filed on 9/9/2021) [Transferred from cand on 1/20/2022.] |
| Filing 18 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss for Lack of Jurisdiction ) filed byArc Wood & Timbers, LLC. (Attachments: #1 Declaration Declaration of Lance Karnan In Support of Plaintiffs Opposition to Defendants Motion to Dismiss, #2 Exhibit Exhibit A to Declaration of Lance Karnan, #3 Exhibit Exhibit B to Declaration of Lance Karnan, #4 Exhibit Exhibit C to Declaration of Lance Karnan)(Holland, Andrew) (Filed on 9/2/2021) [Transferred from cand on 1/20/2022.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction filed by Keith Lacy, Riverwood Flooring & Paneling, Inc.. Motion Hearing set for 12/2/2021 02:00 PM in Oakland, - Videoconference Only before Judge Haywood S Gilliam Jr.. Responses due by 9/2/2021. Replies due by 9/9/2021. (Attachments: #1 Memorandum of Points and Authorities iso Motion to Dismiss For Lack of Personal Jurisdiction, #2 Declaration of Keith Lacy iso Motion to Dismiss For Lack of Personal Jurisdiction, #3 Proposed Order Order Granting Motion to Dismiss For Lack of Personal Jurisdiction, #4 Certificate/Proof of Service Motion To Dismiss For Lack Of Personal Jurisdiction)(Seidel, Edward) (Filed on 8/19/2021) [Transferred from cand on 1/20/2022.] |
| #Electronic filing error REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Stipulation without Proposed Order. Correct event is found under Civ il Events > Motion and Related Filings > Stipulations.[err101] Corrected by Clerk's Office. No further action is necessary. Re: #16 STIPULATION WITH PROPOSED ORDER re #1 Complaint Stipulation to Enlarge Time Pursuant to Local Rule 6.1(a) filed by Riverwood Flooring > Paneling, Inc. (bnsS, COURT STAFF) (Filed on 7/27/2021) [Transferred from cand on 1/20/2022.] |
| Filing 16 Stipulation to Enlarge Time Pursuant to Local Rule 6.1(a) re #1 Complaint filed by Riverwood Flooring & Paneling, Inc., Keith Lacy, Arc Wood & Timbers, LLC. (McLeod, Scott) (Filed on 7/26/2021) Modified on 7/27/2021 (bnsS, COURT STAFF). [Transferred from cand on 1/20/2022.] |
| Filing 15 AFFIDAVIT of Service for Summons, Complaint, etc. served on Keith Lacy on 07/18/2021, filed by Arc Wood & Timbers, LLC. (Holland, Andrew) (Filed on 7/26/2021) [Transferred from cand on 1/20/2022.] |
| Filing 14 AMENDED CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for October 5, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 28, 2021. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-04885-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 9/28/2021. Initial Case Management Conference set for 10/5/2021 02:00 PM in Oakland, - Telephonic Only. (jjoS, COURT STAFF) (Filed on 7/14/2021) [Transferred from cand on 1/20/2022.] |
| Filing 13 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for September 28, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 21, 2021. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-04885-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 9/21/2021. Initial Case Management Conference set for 9/28/2021 02:00 PM in Oakland, - Telephonic Only. (jjoS, COURT STAFF) (Filed on 7/14/2021) [Transferred from cand on 1/20/2022.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. J Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by The Clerk on 7/14/21. (haS, COURT STAFF) (Filed on 7/14/2021) [Transferred from cand on 1/20/2022.]
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 7/13/2021) [Transferred from cand on 1/20/2022.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Arc Wood & Timbers, LLC.. (Holland, Andrew) (Filed on 7/13/2021) [Transferred from cand on 1/20/2022.] |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/27/2021. (ejkS, COURT STAFF) (Filed on 7/13/2021) [Transferred from cand on 1/20/2022.] |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/16/2021. Initial Case Management Conference set for 9/23/2021 11:00 AM in San Francisco, - Videoconference Only. (arkS, COURT STAFF) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 7 Summons Issued as to Keith Lacy, Riverwood Flooring & Paneling, Inc.. (arkS, COURT STAFF) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 6 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/9/2021. (haS, COURT STAFF) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 5 FEE PAID (Filing fee$402,receipt number 0971-16115048). (Holland, Andrew) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 4 Proposed Summons. (Holland, Andrew) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 3 Proposed Summons. (Holland, Andrew) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 2 Certificate of Interested Entities by Arc Wood & Timbers, LLC identifying Other Affiliate David Ferst, Other Affiliate Lance Karnan for Arc Wood & Timbers, LLC. (Holland, Andrew) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| Filing 1 COMPLAINT against All Defendants. Filed byArc Wood & Timbers, LLC. (Attachments: #1 Civil Cover Sheet)(Holland, Andrew) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
| #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701] Re:[ 1] Complaint filed by Arc Wood > Timbers, LLC (haS, COURT STAFF) (Filed on 6/25/2021) [Transferred from cand on 1/20/2022.] |
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