Purchasing Power, LLC v. Bluestem Brands, Inc.
| Purchasing Power, LLC |
| Bluestem Brands, Inc. |
| 1:2012cv00258 |
| January 25, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| William S. Duffey |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
210
OPINION AND ORDER granting 202 Motion for Attorney Fees. IT IS ORDERED that Plaintiff's counsel shall pay to Defendant the amount of $571,282.40 to compensate Defendant for attorneys' fees for the unnecessary provision of legal services in this action and the amount of $11,102.69 to compensate Defendant for unnecessary expenses incurred, for a total award of attorneys' fees and expenses of $582,385.09. Signed by Judge William S. Duffey, Jr on 4/6/2016. (anc)
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Filing
201
OPINION AND ORDER that Defendant Bluestem Brands, Inc.'s 183 Motion for Involuntary Dismissal, Attorneys' Fees, and Costs is GRANTED IN PART. Defendant is entitled to an award of the attorneys' fees and costs that it would not hav e otherwise incurred in this action if the case had not been removed to this Court. Defendant shall file, on or before October 26, 2015, a motion for attorneys' fees and costs. Defendant may include only the attorneys' fees and costs tha t it would not have otherwise incurred if the case had not been removed to this Court. Defendant also shall disclose the criteria it used in making this determination in detail sufficient to show it is claiming only attorneys' fees and costs it would not otherwise have incurred. IT IS FURTHER ORDERED that Defendant's 186 and 196 Motions to Provisionally File Under Seal are DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 9/25/2015. (anc)
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Filing
182
OPINION AND ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that the Clerk of Court is directed to return this action to the Eleventh Circuit to advise that Court of this Court's factual finding that FSP III Kendrick Purchasing Power Holdings, Inc. is a member of Purchasing Power Holdings, LLC, which in turn is the sole member of Plaintiff Purchasing Power, LLC, and that FSP III Kendrick Purchasing Power Holdings, Inc. is a Delaware corporation. As a result, the Court concludes that not all m embers of Purchasing Power Holdings, LLC are diverse from Defendant and thus diversity jurisdiction does not exist over this action. IT IS FURTHER ORDERED that counsel for Plaintiff, including the lawyers who represented to the Court that subject mat ter jurisdiction existed over this case, SHOW CAUSE, in writing on or before February 13, 2015, why sanctions should not be imposed based on the representations to the Court regarding its jurisdiction, and stating in detail the inquiry conducted by counsel into the legal and factual assertions regarding whether complete diversity existed. Defendant shall, on or before March 11, 2015, file any response to Plaintiff's submission and Plaintiff shall, on or before March 20, 2015, file any reply. Signed by Judge William S. Duffey, Jr on 1/6/2015. (anc) Modified on 1/6/2015 in order to add opinion information (anc).
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Filing
158
OPINION AND ORDER that Counts VI and VII of Plaintiff's Amended Complaint are DISMISSED for failure to comply with Rule 15(a)(2) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment 127 is GRANTED IN PART and DENIED AS MOOT IN PART. It is DENIED AS MOOT with respect to Counts VI and VII of Plaintiff's Amended Complaint. It is GRANTED with respect to all remaining claims. IT IS FURTHER ORDERED that Plaintiff's Motion for Trial by Jury 155 is DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 5/9/2014. (anc)
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Filing
87
ORDER denying as moot 49 Plaintiff's Motion for Leave to File Second Amended Complaint; denying 66 Plaintiff's Motion for Leave to File Revised Second Amended Complaint. Signed by Judge William S. Duffey, Jr. on 4/17/2013. (bdb)
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Filing
35
ORDER AND OPINION granting in part and denying in part 12 Bluestem's Motion to Dismiss Counts IV and V Pursuant to Fed. R. Civ. P. 12(b)(6) or, in the Alternative, Motion to Dismiss Pursuant to Fed. R. Civ. P. 9(b). Counts IV and V of PPLs Com plaint are dismissed without prejudice. PPL may file an amended complaint within 20 days of the entry of this Order. It is further ordered that Bluestems Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) or, in the Alternative, Motion to Transf er Venue Pursuant to 28 U.S.C. § 1404(a) 11 is denied without prejudice to refile a motion to transfer venue within 14 days after PPL files an amended complaint or, if PPL does not file an amended complaint, 14 days after the time for PPL to do so, as set out in this Order, has passed. Signed by Judge William S. Duffey, Jr on 7/27/12. (ddm)
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