North Atlantic Operating Company, Inc. et al v. AAA Traders Inc. et al
| North Atlantic Operating Company, Inc. and National Tobacco Company, L.P. |
| Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya, Noordin Bhai Pills, Navroz Karamali Vadsaria and Noor |
| AAA Traders Inc., Kamran Maknowjia and United Wholesale LLC |
| Capital Distributor LLC, Noshad Ali and Nashaud Ali |
| 1:2018cv04806 |
| October 17, 2018 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Trademark |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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| Filing 147 Mail Returned as Undeliverable. Mail sent to Noshad Ali re #145 Order. (jta) |
| Clerk's Certificate of Mailing as to Noshad Ali re #145 Order. (rvb) |
| Filing 146 AO Form 120 forwarded to Commissioner re disposition. (jta) |
Filing 145
ORDER: Upon stipulation by Third-Party Plaintiffs United Wholesale, LLC and Kamran Maknowjia (together, United Wholesale), and Third-Party Defendant Noshad Ali a/k/a Nashaud Ali (Ali) requesting that United Wholesales claims against Ali be dismissed with prejudice, and for good cause shown: IT IS HEREBY ORDERED that all claims against Ali are dismissed with prejudice, in connection with the above-captioned action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party assumes its own attorneys fees and costs. Signed by Judge Michael L. Brown on 3/16/2020. (jta)
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| Filing 144 Joint MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 41 by Kamran Maknowjia. (Attachments: #1 Text of Proposed Order)(Lilenfeld, David) |
| Submission of #144 Joint MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 41, to District Judge Michael L. Brown. (jta) |
| Civil Case Terminated. (jta) |
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Filing 143
ORDER: Upon #142 Stipulation by Plaintiffs North Atlantic Operating Company, Inc. and National Tobacco Company, L.P. (together, North Atlantic), and Defendants United Wholesale, LLC, and Kamran Maknowjia (the United Wholesale Defendants) requesting that North Atlantics claims against the United Wholesale Defendants be dismissed with prejudice, and for good cause shown: IT IS HEREBY ORDERED that all claims against the United Wholesale Defendants are dismissed, with prejudice, in connection with the above- captioned action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party assumes its own attorneys fees and costs. Signed by Judge Michael L. Brown on 10/3/19. (jta)
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| Clerk's Certificate of Mailing as to Noshad Ali re #143 Order. (jta) |
| Submission of #142 Stipulation of Dismissal, with Proposed Order to District Judge Michael L. Brown. (jta) |
| Filing 142 STIPULATION of Dismissal With Prejudice and Without Fees or Costs as to Either Party by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Proposed Order)(Hutton, Alison) |
| Clerk's Certificate of RE-Mailing as to Noshad Ali re #136 Order. (jta) |
| Filing 141 Mail Returned as Undeliverable/Postage. Mail sent to Noshad Ali re #136 Order. (jta) |
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Filing 140
ORDER granting #138 Stipulation of Dismissal without prejudice. Upon stipulation by Plaintiffs North Atlantic Operating Company, Inc, and National Tobacco Company, L.P, (together, North Atlantic), and Defendants AAA Traders Inc., and Nooruddin Mitha (the Defendants) requesting that North Atlantic's claims against the Defendants be dismissed without prejudice, and for good cause shown: IT IS HEREBY ORDERED that all claims against the Defendants are dismissed, without prejudice, in connection with the above-captioned action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party assumes its own attorneys' fees and costs. Upon complete payment as contemplated by in the settlement agreement between the parties, this dismissal shall be converted to avoluntary dismissal with prejudice within 14 days of complete payment. Signed by Judge Michael L. Brown on 9/3/19. (jta)
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Filing 139
ORDER granting #137 Stipulation of Dismissal with prejudice. Upon stipulation by Plaintiffs North Atlantic Operating Company, Inc, and National Tobacco Company, L.P. (together, North Atlantic), and Defendants Aftab Sewani, Sadilc Vadsariya, and Kamil Vadsariya (the Defendants) requesting that North Atlantic's claims against the Defendants be dismissed with prejudice, and or good cause shown: IT IS HEREBY ORDERED that all claims against the Defendants are dismissed, with prejudice, in connection with the above-captioned action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party assumes its own attorneys' fees and costs. Signed by Judge Michael L. Brown on 9/3/19. (jta)
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| Filing 138 STIPULATION of Dismissal Without Prejudice and Without Fees or Costs as to Either Party by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Proposed Order)(Hutton, Alison) |
| Filing 137 STIPULATION of Dismissal With Prejudice and Without Fees or Costs as to Either Party by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Proposed Order)(Hutton, Alison) |
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Filing 136
ORDER granting #135 Stipulated Permanent Injunction. Signed by Judge Michael L. Brown on 9/3/19. (jta)
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| Clerk's Certificate of Mailing as to Noshad Ali re #136 Order. (jta) |
| Clerk's Certificate of Mailing as to Noshad Ali re #140 Order, #139 Order. (jta) |
| Filing 135 STIPULATION for Entry of Permanent Injunction by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Proposed Order)(Hutton, Alison) |
| Filing 134 Mail Returned as Undeliverable. Mail sent to Noshad Ali re #132 Order Staying Case. (dob) |
| Clerk's Certificate of Mailing as to Noshad Ali re #132 Order. (bgt) |
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Filing 132
ORDER. Magistrate Judge Catherine M. Salinas announced that this case settled in principle at mediation on August 8, 2019. Judge Salinas reports that the parties are close to settlement on the remaining thirty-party claim. The Court STAYS this matter to allow the parties to finalize settlement negotiations. The Court will lift the stay of this matter if settlement negotiations fail. Signed by Judge Michael L. Brown on 8/13/2019. (bgt)
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| Filing 133 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Settlement Conference held on 8/8/2019. Case Settled. (Tape #FTR)(jta) |
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Filing 131
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM. It is hereby ordered that on August 8, 2019, Marcella Ballard, Maria Sinatra,Caitlin Carson, Nooruddin Mitha, Aftab Sewani, Sadik Vadsariya and Kamil Vadsariya be allowed to bring in one cell phone as well as one laptop/tablet/SurfacePro into Courtroom 1810, on the 18th floor of the United States Courthouse for use during a mediation before United States Magistrate Judge Catherine M. Salinas. They may also bring with them any cables, data cards, discs, and power cords related to these devices. They must present both a copy of this Order and proper identification upon entering the security station on either the Plaza Level or Lower Plaza Level of the Richard B. Russell Federal Building. Said devices shall be subject to inspection by the United States Marshals Service. This Order shall be effective only for the date specified above. Signed by Magistrate Judge Catherine M. Salinas on 7/25/19. (jta)
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| Clerk's Certificate of Mailing as to Noshad Ali re #131 Order Allowing Audio/Visual Equipment in the Courtroom. (jta) |
| Set Deadlines/Hearings: Summary judgment motions, motions to strike experts, and Daubert Motions due by 8/22/2019. Consolidated Pretrial Order due by 8/22/2019, per Order entered 7/23/19. (jta) |
| Filing 130 PROPOSED ORDER Corrected Proposed Order to Extend Deadlines to File Motions for Summary Judgment and Pretrial Order re: #129 MOTION for Extension of Time File Motions for Summary Judgment and to File Pretrial Order re: #81 Scheduling Order,, . (Hutton, Alison) |
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ORDER (by docket entry only). The Court has considered Defendants' Motion for Extension of Time to File Response #128 and GRANTS Defendants' motion. The deadline to respond to Plaintiffs' Motion to Compel Production of Documents, Motion for Sanction, and for a Finding of Spoliation #127 is now August 16, 2019. All other response deadlines are adjusted accordingly. At this time, the Court declines to schedule a hearing on the motion but will revisit the issue after the motion is fully briefed. The Court has also considered Plaintiffs' Motion to Extend Deadlines #129 and GRANTS Plaintiffs' motion. The deadline to file summary judgment motions and motions to strike experts is now August 22, 2019, and the deadline to file a Consolidated Pretrial Order and any Daubert motions is now August 22, 2019, unless a party files a motion for summary judgment. Ordered by Judge Michael L. Brown on 7/23/2019. (bgt)
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| Filing 129 MOTION for Extension of Time File Motions for Summary Judgment and to File Pretrial Order re: #81 Scheduling Order,, by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Text of Proposed Order)(Hutton, Alison) |
| Filing 128 MOTION for Extension of Time to File Response re: #127 MOTION to Compel Production of Documents MOTION for Sanctions Under Fed.R.Civ.P. 37(D) and for a Finding of Spoliation , MOTION for Hearing with Brief In Support by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya. (Attachments: #1 Text of Proposed Order)(Chausmer, Aaron) |
| Filing 127 MOTION to Compel Production of Documents , MOTION for Sanctions Under Fed.R.Civ.P. 37(D) and for a Finding of Spoliation with Brief In Support by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Brief in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X)(Snedeker, Alice) |
| Filing 126 Joint Statement Regarding Discovery Dispute by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya (Attachments: #1 Exhibit Exhibits 1, 2, and 3)(Chausmer, Aaron) Modified on 7/18/2019 to edit text to reflect PDF (dob). |
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ORDER (by docket entry only). Having considered the parties' Joint Statement Regarding Discovery Dispute #126 , the Court DENIES Defendants' request to compel disclosure of the redacted portion of the settlement agreement. Defendants otherwise have the entirety of the settlement agreement and the specific monetary term is not relevant or necessary to establish bias. The Court expects the parties to continue to confer in good faith prior to filing any further discovery disputes with the Court. Ordered by Judge Michael L. Brown on 7/18/2019. (bgt)
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Filing 125
ORDER: The Third-Party Plaintiffs having filed a Consent Motion for Extension of Time to File Answer or Otherwise Respond #124 , it is hereby ORDERED, pursuant to Local Rule 6.1 that the time for Third-Party Defendant, Noshad Ali to file their response re #106 Third Party Complaint is extended up to and including Wednesday, August 14, 2019. Signed by Judge Michael L. Brown on 7/12/19. (jta)
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| Filing 124 MOTION for Extension of Time to File Answer re: #106 Third Party Complaint, by Kamran Maknowjia, United Wholesale LLC. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Lilenfeld, David) |
| Filing 123 Notice for Leave of Absence for the following date(s): September 30, 2019, October 1, 2019, October 8, 2019, October 9, 2019, October 10, 2019, October 11, 2019, October 12, 2019, October 13, 2019, October 14, 2019, October 15, 2019, October 16, 2019, November 25, 2019, November 26, 2019, November 27, 2019, November 28, 2019 November 29, 2019, November 30, 2019, December 1, 2019, December 2, 2019, December 24, 2019, December 25, 2019, December 26, 2019, by Aaron Ben Chausmer. (Chausmer, Aaron) |
| Clerk's Certificate of Mailing as to Noshad Ali re #125 Order on Motion for Extension of Time. (jta) |
| Filing 122 Return of Service Executed by United Wholesale LLC, Kamran Maknowjia. Noshad Ali served on 6/24/2019, answer due 7/15/2019. (Lilenfeld, David) |
| Filing 121 DOCUMENT FILED IN ERRORReturn of Service Unexecuted by United Wholesale LLC, Kamran Maknowjia as to Noshad Ali. (Lilenfeld, David) Attorney to re-file as Executed (fem). |
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Filing 120
ORDER setting case for Mediation. Mediation Hearing set for 8/8/2019 at 09:30 AM in ATLA Courtroom 1810 before Magistrate Judge Catherine M. Salinas. This Order contains multiple mandatory deadlines and obligations. The parties are ORDERED to read the entire order and to comply with all deadlines set forth herein. Signed by Magistrate Judge Catherine M. Salinas on 6/25/19. (jta)
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| Clerk's Certificate of Mailing as to Noshad Ali re #120 Order. (jta) |
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Filing 119
ORDER: On June 21, 2019, the day on which discovery originally was scheduled to conclude, the parties filed a Joint Discovery Update with the Court. (Dkt. #116 .) In the update, Plaintiffs request a one-month extension of discovery until July 24, 2019. (Id. at 2.) Defendants oppose any extension. (Id. at 34.) Having carefully considered the parties filing, the Court exercises its discretion to extend discovery for one additional month. See LR 26.2(B), NDGa. The Court GRANTS Plaintiffs request for a one-month extension of fact discovery and EXTENDS the discovery deadline until July 24, 2019. Signed by Judge Michael L. Brown on 6/24/19. (jta)
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| Filing 118 NOTICE by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya of Objection to Improper Subpoenas (Chausmer, Aaron) |
| Clerk's Certificate of Mailing as to Noshad Ali re #119 Order. (jta) |
| Filing 117 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of Service of Third Party Subpoena (Attachments: #1 Exhibit 1)(Ballard, Marcella) |
| Filing 116 NOTICE Of Filing by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of Joint Statement Re: Discovery (Attachments: #1 Plaintiffs' Ex. 1, #2 Plaintiffs' Ex. 2, #3 Plaintiffs' Ex. 3, #4 Georgia Defendants' Exhibits)(Hutton, Alison) |
| Filing 115 CERTIFICATE OF SERVICE of Plaintiffs' Supplemental Document Productions and Third Supplemental Initial Disclosures by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
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Filing 114
ORDER re #113 Stipulation. IT IS HEREBY ORDERED that all claims against the United Wholesale Defendants are dismissed, without prejudice, in connection with the above-captioned action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party assumes its own attorneys' fees and costs. Signed by Judge Michael L. Brown on 6/19/19. (jta)
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| Clerk's Certificate of Mailing as to Noshad Ali re #114 Order. (jta) |
| Clerk's Certificate of Mailing as to Noshad Ali re #112 Order-Permanent Injunction. (jta) |
| Filing 113 STIPULATION of Dismissal Without Prejudice and Without Fees or Costs as to Either Party by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Text of Proposed Order)(Hutton, Alison) |
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Filing 112
ORDER GRANTING STIPULATED PERMANENT INJUNCTION. Signed by Judge Michael L. Brown on 6/18/19. (jta)
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| Filing 108 STIPULATION for Entry of Permanent Injunction by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Text of Proposed Order)(Hutton, Alison) |
| Filing 107 Electronic Summons Issued (Third-Party Complaint) as to Noshad Ali. (jta) |
| Filing 111 Minute Entry for proceedings held before Judge Michael L. Brown on 6/13/2019. Teleconference held during the deposition of witness John Hood regarding witness's preparation and parties' objections. The Court ordered the parties to continue the deposition and raise the possible preparedness issues at a later time. (Court Reporter Jana B. Colter) (bgt) |
| Filing 106 THIRD PARTY COMPLAINT against Noshad Ali with Jury Demand filed by Kamran Maknowjia, United Wholesale LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Summons Summons)(Lilenfeld, David) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 110 Minute Entry for proceedings held before Judge Michael L. Brown on 6/12/2019. Teleconference held to discuss the Court's ruling on Plaintiffs' proposed assertions of work-product protections. The Court ordered Plaintiffs to provide Defendants with the materials. (Court Reporter Jana B. Colter) (bgt) |
| Filing 105 CERTIFICATE OF SERVICE OF DISCOVERY by AAA Traders Inc..(Chausmer, Aaron) |
| Filing 109 Minute Entry for proceedings held before Judge Michael L. Brown on 6/11/2019. Teleconference held regarding discovery dispute. (Court Reporter Andy Ashley) (bgt) |
| Filing 104 NOTICE by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya re #103 Notice of Filing, Supplemental Filing (Attachments: #1 Exhibit Plaintiffs' Supp Irog Responses, #2 Exhibit Spinrilla case)(Chausmer, Aaron) |
| Filing 103 NOTICE Of Filing by AAA Traders Inc. Joint Statement Regarding Discovery Dispute Raised by Georgia Defendants About Plaintiffs' Document Productions (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Chausmer, Aaron) Modified on 6/7/2019 to remove double wording (jta). |
| Filing 102 CERTIFICATE OF SERVICE of Plaintiffs' Second Supplemental Initial Disclosures, a Supplemental Document Production and a Privilege Log by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
| Filing 101 CERTIFICATE OF SERVICE OF DISCOVERY by AAA Traders Inc..(Chausmer, Aaron) |
| Filing 100 ANSWER to #1 COMPLAINT with Jury Demand by Kamran Maknowjia, United Wholesale LLC.(Lilenfeld, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 99 NOTICE of Appearance by Kennington Groff on behalf of Kamran Maknowjia, United Wholesale LLC (Groff, Kennington) |
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Filing 98
ORDER REFERRING CASE to a United States Magistrate Judge for mediation. Signed by Judge Michael L. Brown on 5/29/19. (jta) Modified on 5/30/2019 to edit text to accurately reflect correct language (jta).
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| Case referred to Magistrate Judge Catherine M. Salinas re #98 Order. (jta) |
| Filing 97 Minute Entry for proceedings held before Judge Michael L. Brown: Telephone Conference held on 5/29/2019 regarding processing of this case. The Court REFERS this case to mediation before a magistrate judge. The parties shall continue on the current discovery track. Sometime after the deposition on June 13, 2019, the parties shall contact the Court regarding the status of discovery and if discovery is anticipated to close on time. The Court may hold an additional status conference. (Court Reporter Jana B. Colter)(jta) |
| Filing 96 NOTICE of Appearance by Robin L. Gentry on behalf of Kamran Maknowjia, United Wholesale LLC (Gentry, Robin) |
| NOTICE RESETTING TELECONFERENCE (by docket entry only): The teleconference set for 5/29/2019 at 3:30 PM is RESET for 3:00 PM before Judge Michael L. Brown. This is a time change only. (bgt) |
| Filing 95 CERTIFICATE OF SERVICE of Plaintiffs' First Interrogatories to United Wholesale LLC and Kamran Maknowjia and Plaintiffs' First Set of Requests for Production of Documents to United Wholesale LLC and Kamran Maknowjia by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Hutton, Alison) |
| Filing 94 CERTIFICATE OF SERVICE filed by Kamran Maknowjia, United Wholesale LLC (Lilenfeld, David) |
| NOTICE OF TELECONFERENCE (by docket entry only): A teleconference is set for 5/29/2019 at 3:30 PM before Judge Michael L. Brown. (bgt) |
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Filing 93
ORDER. Resolving all conflicts and factual disputes in Plaintiffs' favor, the Court holds that the exercise of personal jurisdiction over Defendants United Wholesale LLC and Kamran Maknowjia complies with the Georgia long-arm statute and does not violate the Due Process Clause. The Court DENIES the UW Defendants' motion to dismiss for lack of personal jurisdiction. (Dkt. #22 .) Signed by Judge Michael L. Brown on 5/16/2019. (bgt)
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| Filing 92 CERTIFICATE OF SERVICE - Plaintiffs' Supplemental Responses & Objections to GA Defendants' First Continuing RPDs; Plaintiffs' Responses and Objections to First Continuing Interrogatories of AAA Traders, A. Sewani, K. Vadsariya, N. Mitha and S. Vadsariya by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Hutton, Alison) |
| Filing 91 CERTIFICATE OF SERVICE of Discovery and Proof of Service of Subpoenas by AAA Traders Inc..(Chausmer, Aaron) Modified on 5/6/2019 to edit text to remove all caps (jta). |
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ORDER (by docket entry). Having considered the parties' Notice of Filing Joint Statement on Discovery Dispute #90 , the Court ORDERS the parties to continue with the previously scheduled depositions set to take place on May 1. Notwithstanding the pending motion to dismiss, the Court sees this last-minute discovery dispute as a delay tactic and will not issue an unwarranted de facto stay of discovery as to the Georgia Defendants. Discovery will continue as scheduled. The Court expects the parties to continue to confer in good faith prior to filing any further discovery disputes with the Court. Signed by Judge Michael L. Brown on 4/26/19. (jpa)
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| Filing 90 NOTICE Of Filing Joint Statement on Discovery Dispute by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya (Chausmer, Aaron) |
| Filing 89 CERTIFICATE of Service of Notices of Deposition for AAA Traders and Nooruddin Mitha by Alison Haddock Hutton on behalf of National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Hutton, Alison) Modified on 4/19/2019 to edit text to accurately reflect e-filed document (jta). |
| Notification of Docket Correction re #89 Certificate of Counsel. Incorrect event used. The Clerk has made the necessary corrections. (jta) |
| Filing 88 CERTIFICATE OF SERVICE OF DISCOVERY by AAA Traders Inc..(Chausmer, Aaron) |
| Filing 87 Notice for Leave of Absence for the following date(s): May 28, 2019, May 29, 2019, May 30, 2019, May 31, 2019, June 1, 2019, June 2, 2019, June 3, 2019, July 5, 2019, September 30, 2019, October 1, 2019, October 8, 2019, October 9, 2019, October 10, 2019, November 25, 2019, November 26, 2019, November 27, 2019, November 28, 2019, November 29, 2019, November 30, 2019, December 1, 2019, December 2, 2019, December 24, 2019, December 25, 2019, December 26, 2019, by Aaron Ben Chausmer. (Chausmer, Aaron) Modified on 3/29/2019 to add leave date (jta). |
| Filing 86 CERTIFICATE OF SERVICE of Plaintiffs' Response & Objections to AAA Traders, A. Sewani, K. Vadsariya, N. Mitha and S. Vadsariya's First Continuing Interrogatories; Plaintiffs' Responses & Objections to GA Defendants' First Requests for Admission and First Continuing Request for Production of Documents; and Plaintiffs' Deposition Notices to AAA Traders and Nooruddin Mitha by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
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ORDER (by docket entry only). The Court has considered the parties' joint statement on discovery dispute #84 and finds a hearing or teleconference on the matter unnecessary. The Court finds Plaintiffs' initial disclosures thus far sufficient, the forthcoming document disclosures appropriate and not yet ripe for a discovery dispute, and the computation of damages appropriate given the information available to the parties at this time. The Court expects the parties to continue to confer in good faith prior to filing any further discovery disputes with the Court. Ordered by Judge Michael L. Brown on 3/22/2019. (bgt)
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| Filing 85 CERTIFICATE OF SERVICE - Plaintiffs' First Set of Requests for Admission to AAA Traders, Inc., Aftab Sewani, Kamal Vadsariya, Nooruddin Mitha and Sadik Vadsariya by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
| Filing 84 NOTICE Of Filing Joint Statement on Discovery Dispute by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya (Attachments: #1 Exhibit 1 - Discovery At Issue, #2 Exhibit 2 - Communications re Dispute)(Chausmer, Aaron) |
| Filing 83 CERTIFICATE OF SERVICE - Plaintiffs' First Set of Interrogatories to AAA Traders, Inc., Aftab Sewani, Kamal Vadsariya, Nooruddin Mitha and Sadik Vadsariya; Plaintiffs' First Set of Requests for the Production of Documents to AAA Traders, Inc., Aftab Sewani, Kamal Vadsariya, Nooruddin Mitha and Sadik Vadsariya by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
| Filing 82 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. - Notice of Filing of Certificate of Consent to Withdraw Victoria R. Danta as Counsel (Attachments: #1 Exhibit A - Certificate of Consent to Withdraw as Counsel)(Snedeker, Alice) |
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Filing 81
SCHEDULING ORDER: re: #77 Joint Preliminary Report and Discovery Plan is APPROVED. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified: Discovery began on February 22, 2019, and shall be completed on or before June 21, 2019. Discovery is stayed as to the United Wholesale Defendants. Signed by Judge Michael L. Brown on 2/25/2019. (rlb)
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Filing 80
STIPULATED PROTECTIVE ORDER: The Court orders that the disclosures of Confidential Information shall be governed by the terms and conditions above in connection with the production and disclosure of Confidential Information in this action, which is incorporated into this Order. Signed by Judge Michael L. Brown on 2/25/19. (rlb)
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| Filing 79 CERTIFICATE OF SERVICE of Plaintiffs' Initial Disclosures by National Tobacco Company, L.P., North Atlantic Operating Company, Inc..(Snedeker, Alice) |
| Filing 78 Proposed Stipulated Protective Order by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Snedeker, Alice) Modified on 2/25/2019 to edit text (rlb). |
| Filing 77 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Attachment A, #2 Attachment B)(Snedeker, Alice) |
| Filing 76 CERTIFICATE OF SERVICE OF DISCOVERY by AAA Traders Inc.(Chausmer, Aaron) |
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Filing 75
ORDER: The Court GRANTS the Motion to Stay Discovery as to the United Wholesale Defendants #74 . All parties should continue to adhere to the previously scheduled deadline to submit the joint preliminary report and discovery plan on February 22, 2019. The Court, however, STAYS all future deadlines relating to discovery as to the UW Defendants until such time as the Court issues a ruling on the pending motion to dismiss for lack of personal jurisdiction. The Court notes that this stay in no way affects discovery as to the remaining Defendants. Signed by Judge Michael L. Brown on 2/19/2019. (rlb)
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| Filing 74 MOTION to Stay Discovery as to the United Wholesale Defendants and for Expedited Briefing with Brief In Support by Kamran Maknowjia, United Wholesale LLC. (Lilenfeld, David) |
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Filing 73
ORDER EXTENDING DEADLINE TO FILE JOINT PRELIMINARY PLAN AND DISCOVERY REPORT: The Parties #71 joint motion is hereby GRANTED. The deadline for the parties to file the joint preliminary plan and discovery report is extended to February 22, 2019. Signed by Judge Michael L. Brown on 2/8/2019. (rlb)
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| Filing 72 Notice for Leave of Absence for the following date(s): March 29 through April 14, 2019, May 17 through May 29, 2019, July 1 through July 7, 2019, August 30 through September 13, 2019, November 24 through December 6, 2019, December 20 through January 8, 2020, by David M. Lilenfeld. (Lilenfeld, David) |
| Filing 71 Joint MOTION for Extension of Time to File Joint Preliminary Plan and Discovery Report with Brief In Support by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya. (Attachments: #1 Text of Proposed Order Proposed Order)(Chausmer, Aaron) |
| Plaintiff's documentary exhibits #62 from the hearing held on December 13, 2018, were destroyed as directed in #63 Exhibit Return Notification (mec) |
| Filing 70 NOTICE of Appearance by Michael Williams Warner on behalf of AAA Traders Inc. (Warner, Michael) |
| Clerk's Entry of Dismissal APPROVING #69 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (rlb) |
| Filing 69 NOTICE of Voluntary Dismissal filed by AAA Traders Inc. (Chausmer, Aaron) |
| Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Dkt. No. 38 with Brief In Support by Capital Distributor LLC. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Proposed Order)(Hutton, Alison) |
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Filing 67
ORDER granting the parties' #66 Motion for Extension of Time. The deadline for the Rule 26(f) conference is extended to January 31, 2019, and the deadline for the parties to file the joint preliminary plan and discovery report is extended to February 15, 2019. Signed by Judge Michael L. Brown on 12/21/2018. (bgt)
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| Filing 66 Joint MOTION for Extension of Time To Hold Rule 26(f) Conference and To Submit Joint Preliminary Plan and Discovery Report by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Proposed Order)(Snedeker, Alice) |
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Filing 65
ORDER GRANTING #4 MOTION for Preliminary Injunction. The Court finds that $1,500.00 is sufficient security to compensate any party for damages suffered from wrongful injunction and ORDERS that the bond that Plaintiffs posted to secure the TRO (Dkt. 50) be converted to a bond securing this preliminary injunction. Signed by Judge Michael L. Brown on 12/17/18. (jpa)
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| Filing 64 REPLY to Response to Motion re #22 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Kamran Maknowjia, United Wholesale LLC. (Lilenfeld, David) |
| Filing 63 NOTICE TO COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #62 Exhibits. (jpa) |
| Filing 62 EXHIBITS admitted and retained at the #61 Evidentiary Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Plaintiffs' Exhibits)(jpa) |
| Filing 61 Minute Entry for proceedings held before Judge Michael L. Brown: Evidentiary Hearing held on 12/13/2018. The Court GRANTS a preliminary injunction. A written order is forthcoming. Plaintiff's exhibits A, B, C, and D were discussed as demonstrative aids. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Jana B. Colter)(rlb) |
| Filing 60 NOTICE Of Filing Regarding Discovery Dispute by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. - Joint Discovery Statement Regarding Adequacy of Expedited Discovery From United Wholesale Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 1, #3 Exhibit 1, #4 Exhibit 1, #5 Exhibit 1, #6 Exhibit 1, #7 Exhibit 1, #8 Exhibit 1, #9 Exhibit 1, #10 Exhibit 1, #11 Exhibit 2)(Hutton, Alison) |
| Filing 59 NOTICE Of Filing Regarding Discovery Dispute by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. - Joint Discovery Statement Regarding Adequacy of Expedited Discovery From the Georgia Defendants (Attachments: #1 Exhibit 1)(Hutton, Alison) |
| Filing 58 RESPONSE re #55 Reply Brief, Statement of Clarification filed by AAA Traders Inc., Nooruddin D. Mitha. (Attachments: #1 Exhibit Declaration of N Mitha)(Chausmer, Aaron) |
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Filing 57
ORDER CONTINUING the Preliminary Injunction Hearing to 12/13/2018 at 10:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. Signed by Judge Michael L. Brown on 12/7/18. (jpa)
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Filing 56
ORDER granting #54 Motion for Extension of Time to Answer; Capital Distributor LLC's Answer due 1/4/2019. Signed by Judge Michael L. Brown on 12/7/18. (jpa)
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| Filing 55 REPLY BRIEF re #22 MOTION to Dismiss for Lack of Personal Jurisdiction - Plaintiffs' Further Reply to United Wholesale's Motion to Dismiss filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Declaration of Victoria Danta, #2 Exhibit 1 to Danta Declaration, #3 Exhibit 2 to Danta Declaration)(Hutton, Alison) |
| Filing 54 Unopposed MOTION for Extension of Time to File Answer to #38 Third Party Complaint, by Capital Distributor LLC. (Attachments: #1 Proposed Order)(Snedeker, Alice) |
| Filing 53 ACKNOWLEDGMENT OF SERVICE Executed filed by Capital Distributor LLC. (Hutton, Alison) |
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ORDER (by docket entry only) granting Plaintiffs' request, presented to the Court via email, for leave to file a surreply regarding the Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. #22 ). Plaintiffs shall have up to and including December 6, 2018 in which to file a five (5) page surreply brief. Further, the Court declines to hold a teleconference to discuss Plaintiffs' discovery dispute raised via email to the Court on December 3, 2018, given that counsel for Georgia Defendants indicated that he plans to produce the responsive documents by close of business on December 4, 2018. Georgia Defendants are ordered to produce the responsive documents to Plaintiffs no later than 5PM on December 4, 2018. Ordered by Judge Michael L. Brown on 12/4/2018. (bgt)
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| Submission of #22 MOTION to Dismiss for Lack of Personal Jurisdiction, to District Judge Michael L. Brown. (jpa) |
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Filing 52
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
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| Filing 51 REPLY BRIEF re #22 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Kamran Maknowjia, United Wholesale LLC. (Attachments: #1 Exhibit Ex. A - Maknowjia dep. trans, #2 Exhibit SOS filings, #3 Exhibit Summary Documents, #4 Exhibit "Noordin" dep. references, #5 Exhibit US Novelties location)(Lilenfeld, David) |
| Set Deadlines/Hearings: A preliminary injunction hearing is set for 12/11/2018 at 10:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown, per Minute Entry, Dkt. #46 . (bgt) |
| Filing 50 REDACTED BOND in the amount of $ $1,500.00, issued by Suretec Insurance Company, posted by North Atlantic Operating Company, Inc. (jpa) |
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Filing 49
ORDER DIRECTING the Clerk of Court to SEAL the #47 Bond and REFILE the document with redacted information. Signed by Judge Michael L. Brown on 11/28/18. (jpa)
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Filing 48
ORDER finding good cause exists to extend the TRO for an additional 14 day period after its initial expiration. The TRO will now expire on 12/13/18. Signed by Judge Michael L. Brown on 11/26/18. (jpa)
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| Filing 46 Minute Entry for proceedings held before Judge Michael L. Brown: Telephone Conference held on 11/26/2018 regarding status of case and temporary restrainingorder ("TRO"). The Court CONTINUES, up to and including 12/13/2018, the TRO (Dkt. 36) entered on 11/15/2018. A separate order extending the TRO is forthcoming. Defendants shall produce to Plaintiffs all correspondence between them regarding all business dealings since 2016, as described on the record. The Court DENIES Georgia Defendants' renewed oral motion for discovery. A preliminary injunction hearing is set for 12/11/2018 at 10:00 AM EST, to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. (Court Reporter Jana Colter)(jpa) |
| Filing 45 CERTIFICATE OF SERVICE filed by Kamran Maknowjia, United Wholesale LLC for Defendants' Expedited Discovery (Lilenfeld, David) |
| Filing 44 Electronic Summons Issued as to Capital Distributor LLC. (jpa) |
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Filing 43
ORDER granting #42 Motion for Extension of Time through 11/30/18 for Defendants United Wholesale, LLC and Kamran Maknowjia to file thier reply in support of the #22 MOTION to Dismiss for Lack of Personal Jurisdiction. Signed by Judge Michael L. Brown on 11/21/18. (jpa)
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| Filing 42 Consent MOTION for Extension of Time File Reply in Further Support re: #22 MOTION to Dismiss for Lack of Personal Jurisdiction with Brief In Support by Kamran Maknowjia, United Wholesale LLC. (Lilenfeld, David) |
| Filing 41 PROPOSED SUMMONS filed by AAA Traders Inc. for Capital Distributor, LLC (Chausmer, Aaron) |
| Filing 47 SEALED PER DKT. #49 ORDER BOND in the amount of $1,500.00, issued by Suretec Insurance Company, posted by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. per #36 Order. (jpa) |
| Power of Attorney: $47.00, receipt number GAN100107939 (jpa) |
| Filing 40 RESPONSE re #35 Order (Defendants' Responses to Plaintiffs' Expedited Discovery) filed by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Sadik Vadsariya, and Kamil Vadsariya. (Chausmer, Aaron) Modified on 11/21/2018 to add filers (jpa). |
| Filing 39 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re #36 Order on Motion for Preliminary Injunction, Order on Motion to Expedite - Plaintiffs' Notice of Posting Bond (Hutton, Alison) |
| Filing 38 THIRD PARTY COMPLAINT against Capital Distributor LLC with Jury Demand filed by AAA Traders Inc.. (Attachments: #1 Summons Summons)(Chausmer, Aaron) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 37 Georgia Defendants' Affirmative Defenses and ANSWER to #1 COMPLAINT with Jury Demand by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Sadik Vadsariya, and Kamil Vadsariya. Discovery ends on 4/19/2019.(Chausmer, Aaron) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 11/21/2018 to add filers (jpa). |
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Filing 36
ORDER granting #4 Motion for Temporary Restraining Order. See order for details. Signed by Judge Michael L. Brown on 11/15/18. (jpa)
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| Filing 35 Minute Entry for proceedings held before Judge Michael L. Brown: Hearing held on Plaintiffs' Motion for Preliminary Injunction and Expedited Discovery (Dkt. 4). The Court GRANTS Plaintiffs' request for expedited discovery, as stated on the record. The Court SETS a teleconference for November 26, 2018, at 10:00 a.m. Call-in information will be provided to the parties. A separate order is forthcoming on the issue of Preliminary Injunction/Temporary Retraining Order relief. (Court Reporter Jana Colter) (bgt) |
| Filing 34 RESPONSE in Opposition re #22 MOTION to Dismiss for Lack of Personal Jurisdiction filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Declaration of John Hood, #2 Exhibit A-1 of Hood Declaration, #3 Exhibit A-2 of Hood Declaration, #4 Exhibit B of Hood Declaration)(Hutton, Alison) |
| Filing 33 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction MOTION to Expedite Discovery - Reply to Defendants AAA Traders Inc.'s, Nooruddin D. Mitha's, Aftab Sewani's, Sadik Vadsariya's and Kamil Vadsariya's Response filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Supplemental Declaration of John Hood, #2 Exhibit A to Supplemental Hood Declaration, #3 Exhibit B to Supplemental Hood Declaration, #4 Exhibit C to Supplemental Hood Declaration, #5 Exhibit D to Supplemental Hood Declaration, #6 Exhibit E to Supplemental Hood Declaration)(Hutton, Alison) |
| Filing 32 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction MOTION to Expedite Discovery - Reply to Defendants United Wholesale LLC's and Kamran Maknowjia's Response filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Hutton, Alison) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to Answer; AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, and Sadik Vadsariya's Answers due 11/20/2018. Signed by Judge Michael L. Brown on 11/5/18. (jpa)
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| Filing 30 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, with Brief In Support by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed ORDER)(Chausmer, Aaron) |
| Filing 29 ACKNOWLEDGMENT OF SERVICE Executed filed by Nooruddin D. Mitha, Kamal Vadsariya, Aftab Sewani, Sadik Vadsariya, AAA Traders Inc.. Kamal Vadsariya served on 11/5/2018, answer due 11/15/2018. (Chausmer, Aaron) |
| Filing 28 NOTICE of Appearance by Gregory Keith Hecht on behalf of AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya (Hecht, Gregory) |
| Filing 27 Certificate of Interested Persons by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya. (Chausmer, Aaron) |
| Clerks Notation approving #27 Certificate of Interested Persons/Corporate Disclosure Statement. (bgt) |
| Filing 26 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION to Expedite Discovery filed by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Kamal Vadsariya, Sadik Vadsariya. (Hecht, Gregory) |
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Filing 25
ORDER RESETTING the hearing on the #4 Motion for Preliminary Injunction and Expedited Discovery to 11/14/18 at 10:00 a.m. to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. Signed by Judge Michael L. Brown on 11/2/18. (jpa)
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Filing 24
ORDER RESETTING the hearing on Plaintiffs' #4 MOTION for Preliminary Injunction and Expedited Discovery to 11/15/18 at 10:00 a.m. This is a time change only. Signed by Judge Michael L. Brown on 11/1/18. (jpa)
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| Filing 23 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION to Expedite Discovery filed by Kamran Maknowjia, United Wholesale LLC. (Lilenfeld, David) |
| Filing 22 MOTION to Dismiss for Lack of Personal Jurisdiction with Brief In Support by Kamran Maknowjia, United Wholesale LLC. (Attachments: #1 Affidavit of Kamran Maknowjia)(Lilenfeld, David) |
| Filing 21 Return of Service Executed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Attachments: #1 Exhibit A - Second Affidavit of Service to Kamal Vadsariya aka Navroz Karamali Vadsaria)(Snedeker, Alice) |
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Filing 20
ORDER granting #19 Motion for Extension of Time through 11/2/18 for movants to file a response to the #4 MOTION for Preliminary Injunction and MOTION to Expedite Discovery. Signed by Judge Michael L. Brown on 10/31/18. (jpa)
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| Filing 19 Emergency MOTION for Extension of Time to File Response with Brief In Support by AAA Traders Inc., Nooruddin D. Mitha, Aftab Sewani, Sadik Vadsariya. (Attachments: #1 Text of Proposed Order Proposed Order)(Chausmer, Aaron) |
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Filing 18
ORDER granting #12 Application for Admission Pro Hac Vice filed by Victoria R. Danta. Signed by Judge Michael L. Brown on 10/26/18. (ddm)
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Filing 17
ORDER granting #11 Application for Admission Pro Hac Vice filed by Maria R. Sinatra. Signed by Judge Michael L. Brown on 10/26/18. (ddm)
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Filing 16
ORDER granting #10 Application for Admission Pro Hac Vice filed by Marcella Ballard. Signed by Judge Michael L. Brown on 10/26/18. (ddm)
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| Filing 15 Return of Service Executed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. Kamal Vadsariya served on 10/25/2018, answer due 11/15/2018. (Attachments: #1 Exhibit A - Proof of Service for Kamal Vadsariya a/k/a Navroz Karamai Vadsaria)(Snedeker, Alice) |
| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Marcella Ballard Pro Hac Vice (Application fee $ 150, receipt number 113E-8222290). Attorney Alison Haddock Hutton added appearing on behalf of North Atlantic Operating Company, Inc. (jkm) |
| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Maria R. Sinatra Pro Hac Vice (Application fee $ 150, receipt number 113E-8222310). Attorney Alison Haddock Hutton added appearing on behalf of North Atlantic Operating Company, Inc. (jkm) |
| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Victoria R. Danta Pro Hac Vice (Application fee $ 150, receipt number 113E-8222324). Attorney Alison Haddock Hutton added appearing on behalf of North Atlantic Operating Company, Inc. (jkm) |
| Clerk's Certificate of Mailing as to Victoria R. Danta re #18 Order; as to Maria R. Sinatra re #17 Order; and as to Marcella Ballard re #16 Order. Notice of street name change for the Atlanta courthouse included. (ddm) |
| Filing 14 Return of Service Executed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. AAA Traders Inc. served on 10/18/2018, answer due 11/8/2018; Kamran Maknowjia served on 10/18/2018, answer due 11/8/2018; Nooruddin D. Mitha served on 10/18/2018, answer due 11/8/2018; Aftab Sewani served on 10/20/2018, answer due 11/13/2018; United Wholesale LLC served on 10/18/2018, answer due 11/8/2018; Sadik Vadsariya served on 10/18/2018, answer due 11/8/2018. (Attachments: #1 Exhibit A - Return of Service for AAA Traders, Inc., #2 Exhibit B - Return of Service for Aftab Sewani, #3 Exhibit C - Return of Service for Kamran Maknowjia, #4 Exhibit D - Return of Service for Nooruddin Mitha, #5 Exhibit E - Return of Service for Nooruddin Mitha, #6 Exhibit F - Return of Service for Sadik Vadsariya, #7 Exhibit G - Return of Service for United Wholesale LLC)(Snedeker, Alice) |
| Filing 13 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re #9 Order,,,, Set Deadlines/Hearings,,, of Affidavit of Service (Attachments: #1 Exhibit A - Sinatra Affidavit)(Snedeker, Alice) |
| Refund in the amount of $400.00 has been processed, effective 10/23/2018 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Filing 12 APPLICATION for Admission of Victoria R. Danta Pro Hac Vice (Application fee $ 150, receipt number 113E-8222324)by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Hutton, Alison) |
| Filing 11 APPLICATION for Admission of Maria R. Sinatra Pro Hac Vice (Application fee $ 150, receipt number 113E-8222310)by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Hutton, Alison) |
| Filing 10 APPLICATION for Admission of Marcella Ballard Pro Hac Vice (Application fee $ 150, receipt number 113E-8222290)by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.. (Hutton, Alison) |
| Clerks Approval re #8 Application for Refund of Fees paid online. (mmc) |
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Filing 9
ORDER. Before the Court is Plaintiffs' Motion for Preliminary Injunction and Expedited Discovery. (Dkt. #4 ). Having considered the motion, the Court sets a hearing on the motion for November 15, 2018, at 11:00 a.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. Defendants shall file, on or before October 31, 2018, their response to the motion. Plaintiffs shall have up to and including November 7, 2018, to file a reply. The Court further ORDERS Plaintiffs to serve a copy of this order on counsel for Defendants as soon as possible and file an affidavit of service of this order on the docket. Signed by Judge Michael L. Brown on 10/19/2018. (bgt)
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| Filing 8 Application for Refund of Fees paid online through Pay.gov for receipt number 113E-8212261. (Hutton, Alison) |
| Filing 7 Electronic Summons Issued as to AAA Traders Inc., Kamran Maknowjia, Nooruddin D. Mitha, Aftab Sewani, United Wholesale LLC, Kamal Vadsariya, Sadik Vadsariya. (Attachments: #1 AFTAB Sewani Summons, #2 Kamal Vadsariya summons, #3 Kamran Maknowjia summons, #4 Nooruddin D Mitha summons, #5 Nooruddin D. Mitha2 summons, #6 Sadik Vadsariya summons, #7 United Wholesale)(jpa) |
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Filing 6
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 10/17/2018. (bgt)
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| Filing 5 AO Form 120 forwarded to Commissioner. (jpa) (Additional attachment(s) added on 10/17/2018: #1 Page 2) (jpa). |
| Filing 4 MOTION for Preliminary Injunction and Expedited Discovery with Brief In Support by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Attachments: #1 Brief in Support, #2 Declaration of John Hood, #3 Hood Exhibit A, #4 Hood Exhibit B, #5 Steve Gnadinger, #6 Exhibit A Gnadinger, #7 Exhibit B Gnadinger, #8 Exhibit C Gnadinger, #9 Proposed Order)(jpa) |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by National Tobacco Company, L.P. identifying Corporate Parent North Atlantic Trading Company, Inc., Corporate Parent NATC, Inc., Corporate Parent NATC Holding Company, Inc., Corporate Parent NATC Holding, Corporate Parent Turning Point Brands, Inc. for National Tobacco Company, L.P. (jpa) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by North Atlantic Operating Company, Inc. identifying Corporate Parent North Atlantic Trading Company, Inc., Corporate Parent NATC, Inc., Corporate Parent NATC Holding Company, Inc., Corporate Parent NATC Holding, Corporate Parent Turning Point Brands, Inc. for North Atlantic Operating Company, Inc. (jpa) |
| Filing 1 COMPLAINT with Jury Demand filed by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Filing fee $400, receipt number 113E-8212309) (Attachments: #1 Civil Cover Sheet)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 10/17/2018: #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (jpa). |
| Clerks Notation approving #2 / #3 Certificates of Interested Persons and Corporate Disclosure Statements. (bgt) |
| Submission of #4 MOTION for Preliminary Injunction and to Expedite Discovery, to District Judge Michael L. Brown. (jpa) |
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