Asset Recovery Associates, LLC v. Whole Foods Market Group, Inc. et al
| Asset Recovery Associates, LLC |
| Hart Acquisitions, LLC doing business as Hart Agriculture and Hart Agriculture Corporation |
| Whole Foods Market Rocky Mountain/Southwest, L.P. and Whole Foods Market Group, Inc. |
| 1:2021cv02629 |
| June 29, 2021 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Amy Totenberg |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
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Filing 37
SCHEDULING ORDER: re #35 Joint Preliminary Report and Discovery Plan. IT IS HEREBY ORDERED that the request for an extension of the discovery deadline in this case is GRANTED, and the discovery deadline in this case is January 26, 2022. Any Motions for Summary Judgment must be filed by February 28, 2022, and if no Motions for Summary Judgment are filed, the Proposed Consolidated Pretrial Order will be due on February 28, 2022. The Clerk is directed to submit this action on March 1, 2022, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge Thomas W. Thrash, Jr. on 8/20/2021. (ah)
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Filing 36
ORDER granting #34 Motion for Extension of Time. It is hereby ORDERED, the date by which Plaintiff shall file a response to Defendants Motion for Summary Judgment in the above-captioned matter is extended to no later than August 31, 2021. Signed by Judge Thomas W. Thrash, Jr. on 8/20/2021. (ah)
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Filing 35
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Asset Recovery Associates, LLC. (Salter, John)
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Filing 34
Consent MOTION for Extension of Time to File Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment re: #19 MOTION for Summary Judgment by Asset Recovery Associates, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Salter, John)
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Filing 33
CERTIFICATE OF SERVICE by Whole Foods Market Group, Inc..(Cole, Brenton)
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Filing 32
ORDER granting Meredith Tavallaee's #26 Application for Admission Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 8/18/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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Filing 31
ORDER granting Timothy McCarthy's #27 Application for Admission Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 8/18/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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APPROVAL by Clerks Office re: #27 APPLICATION for Admission of Timothy McCarthy Pro Hac Vice. Attorney Timothy McCarthy added appearing on behalf of Hart Acquisitions, LLC, Hart Agriculture Corporation (cdg)
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Filing 30
CERTIFICATE OF SERVICE by Whole Foods Market Group, Inc..(Cole, Brenton)
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APPROVAL by Clerks Office re: #26 APPLICATION for Admission of Meredith Tavallaee Pro Hac Vice.. Attorney Meredith Tavallaee added appearing on behalf of Hart Acquisitions, LLC, Hart Agriculture Corporation (nmb)
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Filing 29
NOTICE of Appearance by Roy E. Barnes on behalf of Asset Recovery Associates, LLC (Barnes, Roy)
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Filing 28
NOTICE of Appearance by John Frank Salter, Jr on behalf of Asset Recovery Associates, LLC (Salter, John)
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Clerk's Entry of Dismissal APPROVING #25 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (ah)
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Filing 27
APPLICATION for Admission of Timothy McCarthy Pro Hac Vice.by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James) Documents for this entry are not available for viewing outside the courthouse.
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Filing 26
APPLICATION for Admission of Meredith Tavallaee Pro Hac Vice.by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James) Documents for this entry are not available for viewing outside the courthouse.
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Clerks Notation re #24 Certificate of Interested Persons. Approved by Judge Thrash. (jeh)
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Clerks Notation re #23 Corporate Disclosure Statement. Approved by Judge Thrash. (jeh)
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Filing 25
STIPULATION of Dismissal without Prejudice by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James)
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Filing 24
Certificate of Interested Persons by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James)
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Filing 23
Corporate Disclosure Statement by Asset Recovery Associates, LLC.(Mercer, Robert)
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Filing 22
SEALED NOTICE Of Filing Sealed Exhibit 1 to Defendants' Answer by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. re #3 Answer to Complaint (Notice of Removal),, Counterclaim, #21 Order on Motion for Leave to File Matters Under Seal (Cole, Brenton) Modified to edit text on 8/5/2021 (ah).
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Filing 21
ORDER granting #20 Motion for Leave to File Matters Under Seal. Signed by Judge Thomas W. Thrash, Jr. on 8/4/2021. (ah)
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RETURN of #17 APPLICATION for Admission of Meredith Tavallaee Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11150520). to attorney for correction re: Local Counsel's Name. (nmb)
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RETURN of #18 APPLICATION for Admission of Timothy McCarthy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11150568). to attorney for correction re: Local Counsel's Name. (nmb)
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Filing 20
MOTION for Leave to File Matters Under Seal re: #1 Notice of Removal,, #3 Answer to Complaint (Notice of Removal),, Counterclaim, with Brief In Support by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Brief in Support, #2 Text of Proposed Order Proposed Order)(Cole, Brenton)
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Filing 19
MOTION for Summary Judgment with Brief In Support by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Brief in Support, #2 Statement of Material Facts Statement of Material Facts, #3 Exhibit Exhibit 1 to SOF-Articles of Organization-AtlantaFresh, #4 Exhibit Exhibit 2 to SOF-Deed of Assignment, #5 Supplement Declaration of John Hempfling, #6 Supplement Declaration of Kevin Stine, #7 Exhibit Exhibit 1 to Stine Declaration-Subpoena to Ron Marks, #8 Exhibit Exhibit 2 to Stine Declaration-Letter from Marks w Enclosure)(Stine, Kevin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
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Filing 18
APPLICATION for Admission of Timothy McCarthy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11150568).by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James) Documents for this entry are not available for viewing outside the courthouse.
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Filing 17
APPLICATION for Admission of Meredith Tavallaee Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11150520).by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Evans, James) Documents for this entry are not available for viewing outside the courthouse.
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Filing 16
ORDER granting #15 Motion for Extension of Time of Various Deadlines. Signed by Judge Thomas W. Thrash, Jr. on 7/30/2021. (ah)
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Filing 15
Joint MOTION for Extension of Time Deadlines Associated with Fed. R. Civ. P. 26(F), LR 16.1, NDGa. and LR 16.2, NDGa. by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Text of Proposed Order Proposed Order)(Stine, Kevin)
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Filing 14
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Timothy McCarthy. Clerk to follow-up by 8/2/2021. (cdg)
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Submission of #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Thomas W. Thrash Jr.. (rlb)
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Judge Thomas W. Thrash, Jr. for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-2629-TWT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 7/9/21. (rlb)
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Filing 12
MOTION to Withdraw Robert S. Highsmith as Attorney with Brief In Support by Hart Acquisitions, LLC, Hart Agriculture Corporation. (Highsmith, Robert)
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ORDER, by docket entry only, granting #12 Motion to Withdraw as Attorney. Attorney Robert S. Highsmith terminated. Entered by Judge Amy Totenberg on 7/7/21. (hfm)
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Filing 11
ANSWER to #5 Counterclaim THE ASSIGNEES ANSWER TO THE AMENDED COUNTERCLAIM by Asset Recovery Associates, LLC.(Mercer, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Submission of #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Amy Totenberg. (ceo)
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Filing 10
RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Asset Recovery Associates, LLC. (originally filed in State Court) (ceo)
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Filing 9
ORDER DENYING MOTION TO DISMISS AS TO COUNTS I-IV AND COUNTS XI-XII AND DISMISSING V-VII AND VII-X of Gwinnett County Superior Court (originally filed in State Court 6/23/21) (ceo)
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Filing 8
REPLY BRIEF re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Asset Recovery Associates, LLC. (originally filed in State Court 4/2/21) (ceo)
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Filing 7
SUPPLEMENTAL RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Asset Recovery Associates, LLC.(originally filed in State Court 3/19/21) (ceo)
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Asset Recovery Associates, LLC. (originally filed in State Court 2/11/21) (ceo)
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Filing 5
ANSWER to #4 Amended Complaint, COUNTERCLAIM against Asset Recovery Associates, LLC with Jury Demand by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. (originally filed in State Court 12/11/20)(ceo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 4
AMENDED COMPLAINT against Hart Acquisitions, LLC, Hart Agriculture Corporation, Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.with Jury Demand filed by Asset Recovery Associates, LLC. (originally filed in State Court 10/26/20)(ceo) 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.
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Filing 3
ANSWER to #1 NOTICE OF REMOVAL with Jury Demand ( Discovery ends on 11/26/2021.), COUNTERCLAIM against Asset Recovery Associates, LLC with Jury Demand by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. (originally filed in State Court 9/8/20)(ceo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 2
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. (originally filed in State Court 9/8/20) (ceo)
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Filing 1
NOTICE OF REMOVAL with COMPLAINT filed by Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. (Filing fee $ 402 receipt number AGANDC-11075449) (Attachments: #1 Exhibit A, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Civil Cover Sheet)(ceo) 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 7/1/2021: #9 Exhibit A-4) (ceo).
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