Baldwin v. Express Oil Change, LLC
Plaintiff: Charles Baldwin
Defendant: Express Oil Change, LLC
Case Number: 1:2021cv03874
Filed: September 20, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1446
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2021 Filing 26 SEALED TRANSCRIPT of Hearing on Motion for Preliminary Injunction (Unredacted) Proceedings held on 10/21/2021, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Redaction requests are due within 21 days of entry. (Attachments: #1 Notice of Filing) (srw)
November 10, 2021 Filing 25 TRANSCRIPT of Hearing on Motion for Preliminary Injunction (Redacted) Proceedings held on 10/21/2021, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (Attachments: #1 Notice of Filing) (srw)
November 1, 2021 Filing 24 SUPPLEMENTAL RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Express Oil Change, LLC. (hfm)
November 1, 2021 Filing 23 RESPONSE in Opposition re #22 MOTION for Leave to File Supplemental Brief In Opposition to Plaintiff's Motion for Interlocutory Injunction filed by Charles Baldwin. (Stanford, E.)
November 1, 2021 Opinion or Order ORDER, by docket entry only, granting #22 Motion for Leave to File Supplemental Brief In Opposition to Plaintiff's Motion for Interlocutory Injunction. The Court will consider the arguments in both Defendants supplemental brief and Plaintiffs response #23 for purposes of resolving Plaintiffs motion for interlocutory injunction. Entered by Judge Amy Totenberg on 11/1/21. (hfm)
November 1, 2021 Opinion or Order ORDER, by docket entry only, the parties are DIRECTED to order the transcript from the October 21, 2021, hearing. Entered by Judge Amy Totenberg on 11/1/21. (hfm)
October 28, 2021 Filing 22 MOTION for Leave to File Supplemental Brief In Opposition to Plaintiff's Motion for Interlocutory Injunction with Brief In Support by Express Oil Change, LLC. (Attachments: #1 Exhibit Supplemental Brief In Opposition to Plaintiff's Motion for Interlocutory Injunction)(Schwartz, Jeffrey)
October 28, 2021 Submission of #8 MOTION for Preliminary Injunction, to District Judge Amy Totenberg. (hfm)
October 22, 2021 Filing 21 NOTICE TO DEFENDANT'S COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #20 Exhibits. (rlh)
October 21, 2021 Filing 20 EXHIBITS (Defendant's Exhibit 1) admitted and retained at the #19 Evidentiary Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit 1)(rlh)
October 21, 2021 Filing 19 Minute Entry for proceedings held before Judge Amy Totenberg: Evidentiary Hearing held on 10/21/2021. Hearing on Motion for Preliminary Injunction. Plaintiff Charles Baldwin sworn and testified. Defendant exhibit 1 admitted. Defendant verbally moved to dismiss the motion for preliminary injunction and was denied. Defendant witness Richard Brooks sworn and testified. James Durkin sworn and testified. Final argument. (Court Reporter Shannon Welch)(rjc)
October 21, 2021 Oral MOTION to Dismiss at the #19 Hearing by Express Oil Change, LLC. (rjc)
October 21, 2021 Opinion or Order Verbal ORDER denying the Oral Motion to Dismiss at the #19 Hearing. Ordered by Judge Amy Totenberg on 10/21/2021. (rjc)
October 21, 2021 Filing 18 CERTIFICATE of Compliance re #13 Order, (Fyvolent, Claire)
October 21, 2021 Filing 17 CERTIFICATE of Compliance re #13 Order, (Schwartz, Jeffrey)
October 21, 2021 Opinion or Order ORDER, by docket entry only, staying #8 Motion for Preliminary Injunction. The parties are DIRECTED to inform the Court by October 27, 2021 whether they wish to proceed with mediation. Entered by Judge Amy Totenberg on 10/21/21. (hfm)
October 19, 2021 NOTICE OF DOCKET CORRECTION re Hearing: Hearing set for 10/21/2021 at 10:30 AM in ATLA Courtroom 2308 before Judge Amy Totenberg. (hfm)
October 19, 2021 Opinion or Order ORDER, by docket entry only, granting #7 Motion to Expedite Hearing. Hearing on Motion set for October 20, 2021, at 10:30AM in Courtroom 2308 before Judge Amy Totenberg. Entered by Judge Amy Totenberg on 10/19/21. (hfm)
October 16, 2021 Filing 16 AFFIDAVIT re #15 Reply to Response to Motion for Interlocutory Injunction by Charles Baldwin. (Stanford, E.)
October 16, 2021 Filing 15 REPLY to Response to Motion re #7 MOTION to Expedite Hearing on Motion for Interlocutory Injunction, #8 MOTION for Preliminary Injunction filed by Charles Baldwin. (Stanford, E.)
October 11, 2021 Filing 14 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Express Oil Change, LLC. (Schwartz, Jeffrey)
October 7, 2021 Opinion or Order Filing 13 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 10/7/21. (rlh)
October 7, 2021 Filing 12 NOTICE Of Filing Declaration of Kent Feazell in Support of Defendants Notice of Removal by Express Oil Change, LLC (Attachments: #1 Affidavit Declaration of Kent Feazell in Support of Defendants Notice of Removal)(Schwartz, Jeffrey)
September 30, 2021 Filing 11 CERTIFICATE of Compliance of Plaintiff (Stanford, E.)
September 30, 2021 Filing 10 Certificate of Interested Persons by Charles Baldwin. (Stanford, E.)
September 30, 2021 Filing 9 RESPONSE re #7 MOTION to Expedite Hearing on Motion for Interlocutory Injunction filed by Express Oil Change, LLC. (Schwartz, Jeffrey)
September 30, 2021 Filing 8 MOTION for Interlocutory Injunction by Charles Baldwin. (Attachments: #1 Memorandum of Law)(hfm) Modified on 10/28/2021 (hfm).
September 30, 2021 Opinion or Order ORDER, by docket entry only, granting #6 Motion for Leave to File Corrected Complaint. The Complaint attached as [Doc. 6-1] will be docketed as an attachment to the Notice of Removal [Doc. 1-4] to correct the clerical errors outlined within the motion. All deadlines initiated by the filing of the answer at #4 remain unaffected. Entered by Judge Amy Totenberg on 9/30/21. (hfm)
September 30, 2021 Submission of #7 MOTION to Expedite Hearing on Motion for Interlocutory Injunction, to District Judge Amy Totenberg. (rlh)
September 29, 2021 Filing 7 MOTION to Expedite Hearing on Motion for Interlocutory Injunction with Brief In Support by Charles Baldwin. (Attachments: #1 Brief in Support of Expedited Hearing, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Stanford, E.)
September 29, 2021 Filing 6 MOTION for Leave to File Substituted Complaint by Charles Baldwin. (Attachments: #1 Exhibit 1 substituted Complaint)(Stanford, E.)
September 24, 2021 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Express Oil Change, LLC. (Schwartz, Jeffrey)
September 24, 2021 Filing 4 ANSWER to #1 COMPLAINT Verified Complaint of Plaintiff by Express Oil Change, LLC. Discovery ends on 2/22/2022.(Schwartz, Jeffrey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 9/27/2021 to add link (rlh).
September 22, 2021 Filing 3 NOTICE Of Filing Complete and Correct Version of Declaration of Kent Feazell by Express Oil Change, LLC re #1 Notice of Removal, (Schwartz, Jeffrey)
September 20, 2021 Filing 2 Initial Disclosures by Express Oil Change, LLC.(eop)
September 20, 2021 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Express Oil Change, LLC. (Filing fee $ 402.00 receipt number AGANDC-11270327) (Attachments: #1 Exhibit -1 -State Court Pleadings, #2 Exhibit -2 -Declaration of K. Feazell, #3 Civil Cover Sheet)(eop) 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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Plaintiff: Charles Baldwin
Represented By: E. Ray Stanford, Jr.
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Defendant: Express Oil Change, LLC
Represented By: Claire Elizabeth Fyvolent
Represented By: Jeffrey A. Schwartz
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