LEGACY HOUSING CORPORATION v. MERCER
| LEGACY HOUSING CORPORATION |
| BARRY MERCER |
| CLAYTON MANUFACTURED HOMES INC |
| 3:2024cv00012 |
| February 13, 2024 |
| US District Court for the Middle District of Georgia |
| TILMAN E SELF |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 55 ANSWER to #52 Amended Complaint/Petition by BARRY MERCER.(HUESTIS, ROBERT) |
| Notice of Deficiency (related document(s): #55 Answer to Amended Complaint filed by BARRY MERCER ); This filing does not reflect the email address of the filer. Please do not re-file, for future reference only. See Fed.R.Civ.P 11.(ggs) |
| Filing 54 NOTICE of Attorney Appearance by ROBERT S HUESTIS on behalf of BARRY MERCER Attorney ROBERT S HUESTIS added to party BARRY MERCER(pty:cc), Attorney ROBERT S HUESTIS added to party BARRY MERCER(pty:dft)(HUESTIS, ROBERT) |
| DISREGARD - EMAIL ADDRESS IS REFLECTED ON DOCUMENT Notice of Deficiency (related document(s): #54 Notice of Attorney Appearance filed by BARRY MERCER ); This filing does not reflect the e mail address of the filer. Please do not re-file, for future reference only. See Fed.R.Civ.P 11.(ggs) Modified on 3/7/2024 (ggs). |
| Filing 53 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 8/26/2024. Dispositive motions due by 9/25/2024. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/29/2024. (vs) |
| Filing 52 THIRD AMENDED COMPLAINT re #1 Notice of Removal, against BARRY MERCER by LEGACY HOUSING CORPORATION (SHOEMAKER, ROBERT) Modified on 2/29/2024 to edit title for clarity. (ggs). |
| Filing 51 This is a text only entry; no document issued. ORDER granting #50 Motion for Extension of Time to designate local counsel. Defendant shall have until and including March 8, 2024 to name his local counsel in accordance with Local Rule 83.1. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/26/2024 (TES) |
| Filing 50 MOTION for Extension of Time to File designation of local counsel. by BARRY MERCER filed by APRIL F ROBBINS.(ROBBINS, APRIL) |
| Filing 49 TEXT ONLY Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 2/21/2024. The court and the parties discussed jurisdiction of the case, pending motions and discovery deadlines. The Plaintiff's deadline to file the amended complaint is 2/28/2024. The proposed scheduling and discovery order is due on 2/28/2024. Proposed scheduling and discovery order form emailed to parties. Court Reporter: Tammy DiRocco.Time in Court: 2:15pm - 3:09pm. (vs) |
| Filing 48 This is a text only entry; no document issued. ORDER terminating #36 Motion to Quash as the motion is being litigated in the Eastern District of Tennessee. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/21/2024 (TES) |
| Filing 47 This is a text only entry; no document issued. ORDER withdrawing #11 Motion to Remand at Plaintiff's request; denying #14 Motion to Compel Discovery and For Reimbursement of Reasonable Expenses; granting #24 Motion to Dissolve State Court Discovery Order, for the reasons discussed with the parties during the telephone conference held on 2/21/2024 at 2:00 PM in Macon. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III, on 2/21/2024. (alf) |
Filing 46
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DEAN STERLING KIDD. (ksl)
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| Filing 45 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of LEGACY HOUSING CORPORATION Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4581194, $100. LOCAL COUNSEL Name and Georgia Bar #: Robert Matthew Shoemaker GA Bar #339367. (Attachments: #1 Certificate of Good Standing)(KIDD, DEAN) |
| Filing 44 RESPONSE filed by BARRY MERCER re #11 MOTION to Remand (ROBBINS, APRIL) |
| Filing 43 REPLY to Response filed by BARRY MERCER re #24 MOTION Dissolve State Court Discovery Order (ROBBINS, APRIL) |
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Filing 42
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by APRIL F ROBBINS. (ksl)
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| Filing 41 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of BARRY MERCER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4580670, $100. (Attachments: #1 Certificate of Good Standing)(ROBBINS, APRIL) |
| Filing 40 RESPONSE filed by LEGACY HOUSING CORPORATION re #24 MOTION Dissolve State Court Discovery Order (Attachments: #1 Index of Petition and Application, #2 Verified Original Petition and Application for TRO, Temporary Injunction, and Permanent Injunction)(SHOEMAKER, ROBERT) Modified on 2/20/2024 to edit exhibit descriptions. (ggs). |
| Filing 39 NOTICE of Attorney Appearance by WILLIAM BRIAN MCDAVID, JR on behalf of LEGACY HOUSING CORPORATION Attorney WILLIAM BRIAN MCDAVID, JR added to party LEGACY HOUSING CORPORATION (pty:cd), Attorney WILLIAM BRIAN MCDAVID, JR added to party LEGACY HOUSING CORPORATION (pty:pla)(MCDAVID, WILLIAM) |
| Filing 38 NOTICE of Attorney Appearance by ROBERT MATTHEW SHOEMAKER on behalf of LEGACY HOUSING CORPORATION Attorney ROBERT MATTHEW SHOEMAKER added to party LEGACY HOUSING CORPORATION (pty:cd), Attorney ROBERT MATTHEW SHOEMAKER added to party LEGACY HOUSING CORPORATION (pty:pla)(SHOEMAKER, ROBERT) |
| Filing 37 NOTICE of Attorney Appearance by JACOB RODON on behalf of CLAYTON MANUFACTURED HOMES INC Attorney JACOB RODON added to party CLAYTON MANUFACTURED HOMES INC(pty:ip)(RODON, JACOB) |
| Filing 34 Case transferred in District Transfer from District of Texas Northern; Case Number 4:23-cv-01215. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
| Case ASSIGNED to US DISTRICT JUDGE TILMAN E SELF, III. (ggs) |
| NOTICE OF SETTING hearing. Telephone Conference set for 2/21/2024 02:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. ***Call-in instructions emailed to attorneys***(vs) |
| NOTICE TO COUNSEL - CLINTON D HOWIE, APRIL F ROBBINS, CHAD WESLEY ROBBINS, RACHEL BETH OMMERMAN - 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.(ggs) |
| Filing 35 NOTICE of Attorney Appearance by RACHEL BETH OMMERMAN on behalf of CLAYTON MANUFACTURED HOMES INC. Party Clayton Manufactured Homes, Inc. added. (Entered: 02/12//2024)(ggs) Modified on 2/13/2024 to correct filing date.(ggs). |
| Filing 36 MOTION to Quash Non-Party Subpoenas in the U.S. District Court for the Eastern District of Tennessee filed by CLAYTON MANUFACTURED HOMES INC. (Ommerman, Rachel) (ggs) Modified on 2/13/2024 to correct filing date. (ggs). (Entered: 02/13/2024) |
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Filing 33
MEMORANDUM OPINION & ORDER: The Court concludes that Defendant's #20 Motion to Transfer is GRANTED this case should be TRANSFERRED. (Ordered by Judge Mark Pittman on 2/12/2024) (bdb) [Transferred from txnd on 2/13/2024.]
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| Filing 32 Appendix in Support filed by Legacy Housing Corporation re #31 Reply in Further Support of Motion to Compel Discovery and For Reimbursement of Reasonable Expenses (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 31 REPLY filed by Legacy Housing Corporation re: #14 MOTION to Compel Discovery and For Reimbursement of Reasonable Expenses (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 30 AFFIDAVIT of Service for Subpoena for Deposition and Document Production served on CMH Homes and Ernie Mitchell on 1/29/2024. (Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Affidavit(s)) (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 29 REPLY filed by Legacy Housing Corporation re: #11 MOTION to Remand (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 28 ANSWER to Counterclaim filed by Legacy Housing Corporation. Related document: #19 Answer to Amended Complaint,,,, Counterclaim,,, Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 27 AFFIDAVIT of Service for Subpoena (Deposition and Production of Documents) served on Ernie W. Mitchell and CMH Homes on 1/29/2024. (Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Affidavit(s)) (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 26 Appendix in Support filed by Legacy Housing Corporation re #25 Response/Objection to Defendant's Motion to Transfer Venue (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 25 RESPONSE filed by Legacy Housing Corporation re: #20 MOTION to Transfer Case out of District/Division (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 24 MOTION Dissolve State Court Discovery Order filed by Barry Mercer with Brief/Memorandum in Support. (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 23 RESPONSE filed by Barry Mercer re: #14 MOTION to Compel Discovery and For Reimbursement of Reasonable Expenses (Robbins, April) [Transferred from txnd on 2/13/2024.] |
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Filing 22
ORDER: The Court ORDERS that Plaintiff shall file a response to the #20 Motion on or before February 1, 2024. (Ordered by Judge Mark Pittman on 1/25/2024) (bdb) [Transferred from txnd on 2/13/2024.]
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| Filing 21 RESPONSE AND OBJECTION filed by Barry Mercer re: #11 MOTION to Remand (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 20 MOTION to Transfer Case out of District/Division filed by Barry Mercer with Brief/Memorandum in Support. (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 19 Barry Mercer's Original ANSWER to #10 Amended Complaint,, filed by Barry Mercer. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., COUNTERCLAIM against Legacy Housing Corporation filed by Barry Mercer (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 18 SETTLEMENT CONFERENCE REPORT filed by Barry Mercer. (Robbins, April) [Transferred from txnd on 2/13/2024.] |
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Filing 17
ORDER: Motion #14 referred to Magistrate Judge Jeffrey L. Cureton. (Ordered by Judge Mark Pittman on 1/8/2024) (bdb) [Transferred from txnd on 2/13/2024.]
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| Filing 16 Appendix in Support filed by Legacy Housing Corporation re #15 Brief/Memorandum in Support of Motion to Compel Discovery and For Reimbursement of Reasonable Expenses (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 15 Brief/Memorandum in Support filed by Legacy Housing Corporation re #14 MOTION to Compel Discovery and For Reimbursement of Reasonable Expenses (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 14 MOTION to Compel Discovery and For Reimbursement of Reasonable Expenses filed by Legacy Housing Corporation (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 13 Appendix in Support filed by Legacy Housing Corporation re #12 Brief/Memorandum in Support of Motion (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 12 Brief/Memorandum in Support filed by Legacy Housing Corporation re #11 MOTION to Remand (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 11 MOTION to Remand filed by Legacy Housing Corporation (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 10 AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against Barry Mercer filed by Legacy Housing Corporation. 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 A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C) (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Legacy Housing Corporation. (Clerk QC note: No affiliate entered in ECF). (Howie, Clinton) [Transferred from txnd on 2/13/2024.] |
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Filing 8
ORDER: Lead counsel for each party or designee attorney with appropriate authority and any unrepresented party must confer in an in-person, face-to-face conference as soon as practicable. As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order by January 8, 2024. (Ordered by Judge Mark Pittman on 12/18/2023) (bdb) [Transferred from txnd on 2/13/2024.]
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Filing 7
ORDER: The Court ORDERS that by January 3, 2024, Plaintiff(s) file an amended complaint, and within 14 days after Plaintiff(s) file an amended complaint, but no later than January 17, 2024, Defendant(s) file an answer or other response to the amended complaint. (Ordered by Judge Mark Pittman on 12/13/2023) (bdb) [Transferred from txnd on 2/13/2024.]
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| Filing 6 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) [Transferred from txnd on 2/13/2024.] |
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Filing 5
ORDER FOR REASSIGNMENT: Case reassigned to Judge Mark Pittman for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 12/12/2023) (bdb) [Transferred from txnd on 2/13/2024.]
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| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barry Mercer. (Clerk QC note: No affiliate entered in ECF). (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) [Transferred from txnd on 2/13/2024.] |
| Filing 2 CERTIFICATE OF SERVICE by Barry Mercer (Robbins, April) [Transferred from txnd on 2/13/2024.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Barry Mercer. (Filing fee $405; receipt number ATXNDC-14220281) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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) in Support) (Robbins, April) [Transferred from txnd on 2/13/2024.] |
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