Greenberry Industrial, LLC v. ESI, Inc. of Tennessee
| Greenberry Industrial, LLC and Greenberry Industrial, LLC. |
| ESI, Inc. of Tennessee |
| 1:2022cv00206 |
| January 18, 2022 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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Filing 41
CERTIFICATE OF SERVICE Pursuant to Local Rule 5.4 regarding Defendant ESI, Inc. of Tennessee's First Set of Interrogatories to Greenberry Industrial, LLC, Defendant ESI, Inc. of Tennessee's First Requests for Production of Documents and Electronically Stored Information to Greenberry Industrial, LLC, and Defendant ESI, Inc. of Tennessee's First Requests for Admissions to Greenberry Industrial, LLC by ESI, Inc. of Tennessee.(Spratlin, Aaron)
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Filing 40
CERTIFICATE OF SERVICE OF SECOND REQUEST FOR ADMISSIONS TO ESI, INC. OF TENNESSEE ON COUNSEL FOR ESI, INC. OF TENNESSEE by Greenberry Industrial, LLC..(Joy, Stephen)
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Clerks Notation re #39 Leave of Absence by Jeffrey Alan Daxe. Judge Thrash will not require an appearance by Jeffrey Alan Daxe on these dates. (jeh)
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Filing 39
Notice for Leave of Absence for the following date(s): November 21-25, 2022, December 19-30, 2022, February 20-24, 2023, March 3-7, 2023, June 16-20, 2023, July 3-7, 2023, September 25-29, 2023, by Jeffrey Alan Daxe. (Daxe, Jeffrey) Modified to edit text on 11/15/2022 (aaq).
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Submission of #27 Motion for Partial Judgment on the Pleadings, to District Judge Thomas W. Thrash Jr. (ceo)
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Filing 38
CERTIFICATE OF SERVICE of Discovery Pursuant to Local Rule 5.4 regarding Defendant's Responses to Plaintiff's First Requests for Admissions, Defendant's Responses to Plaintiff's First Interrogatories, and Defendant's Responses to Plaintiff's First Requests for Production of Documents by ESI, Inc. of Tennessee.(Daxe, Jeffrey)
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Filing 37
REPLY to Response to Motion re #27 Motion for Partial Judgment on the Pleadings filed by ESI, Inc. of Tennessee. (Daxe, Jeffrey)
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Filing 36
ORDER: IT IS HEREBY ORDERED that Defendant, ESI, Inc. of Tennessee shall have through and including Monday, October 24, 2022 to file its Reply in support of its Motion for Partial Judgment on the Pleadings. Signed by Judge Thomas W. Thrash, Jr. on 10/14/2022. (jra)
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Filing 35
Consent MOTION for Extension of Time To File Reply in Support of Defendant's Motion for Partial Judgment on The Pleadings re: #27 Motion for Partial Judgment on the Pleadings by ESI, Inc. of Tennessee, ESI, Inc. of Tennessee and Greenberry Industrial, LLC (Attachments: #1 Text of Proposed Order)(Daxe, Jeffrey) Modified on 10/17/2022 (jra).
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Filing 34
ORDER denying #30 Motion for Leave to File Second Amended Complaint. Signed by Judge Thomas W. Thrash, Jr. on 10/11/2022. (jeh)
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Filing 33
RESPONSE in Opposition re #30 MOTION for Leave to File Second Amended Complaint filed by ESI, Inc. of Tennessee, ESI, Inc. of Tennessee. (Attachments: #1 Exhibit A - Greenberry's First ROGs to ESI, #2 Exhibit B - Greenberry's First RFPDs to ESI)(Daxe, Jeffrey)
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Filing 32
NOTICE of Appearance by Aaron P Spratlin on behalf of ESI, Inc. of Tennessee (Spratlin, Aaron)
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Filing 31
RESPONSE in Opposition re #27 Motion for Partial Judgment on the Pleadings filed by Greenberry Industrial, LLC.. (Joy, Stephen)
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Filing 30
MOTION for Leave to File Second Amended Complaint with Brief In Support by Greenberry Industrial, LLC.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Exhibits 1 - Proposed Second Amended Complaint, #3 Exhibit Exhibit 2 - Declaration of Jarrett Pugh, #4 Brief Memo in Support of Motion, #5 Text of Proposed Order Proposed Order)(Joy, Stephen)
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Filing 29
ORDER: IT IS HEREBY ORDERED that Plaintiff Greenberry Industrial, LLC shall have through and including Wednesday, October 5, 2022 to respond to Defendant ESI, Inc. of Tennessees Motion for Partial Judgment on the Pleadings. Signed by Judge Thomas W. Thrash, Jr. on 9/16/2022. (jra)
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Filing 28
Consent MOTION for Extension of Time Respond to Motion for Partial Judgment on the Pleadings re: #27 Motion for Partial Judgment on the Pleadings with Brief In Support by Greenberry Industrial, LLC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Joy, Stephen)
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Filing 27
Motion for Partial Judgment on the Pleadings with Brief In Support by ESI, Inc. of Tennessee. (Attachments: #1 Brief Supporting Defendant's Motion for Partial Judgment on the Pleadings)(Daxe, Jeffrey) Modified on 9/7/2022 (jra).
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Filing 26
SCHEDULING ORDER: re: #24 Joint Preliminary Report and Discovery Plan: Amended Pleadings due by 9/26/2022. Discovery ends on 2/21/2023. Motions due by 3/21/2023. Proposed Pretrial Order due by 3/21/2023. Signed by Judge Thomas W. Thrash, Jr. on 8/26/2022. (jra)
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Filing 25
CONSENT PROTECTIVE ORDER granting #23 Motion for Protective Order. Signed by Judge Thomas W. Thrash, Jr. on 8/6/2022. (jeh)
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Filing 24
Amended and Updated Joint Preliminary Report and Discovery Planfiled by Greenberry Industrial, LLC.. (Joy, Stephen) Modified on 8/26/2022 to edit text(jra).
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Filing 23
Consent Motion for Issuance Of Protective Order with Brief In Support by Greenberry Industrial, LLC and ESI, Inc. of Tennessee (Attachments: #1 Text of Proposed Order Proposed Order)(Joy, Stephen) Modified on 8/26/2022 to edit text(jra).
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NOTICE OF CANCELLATION of Hearing re: Scheduling Conference set for 8/24/2022 at 02:00 PM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (jeh)
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Filing 22
CERTIFICATE OF SERVICE of First Set of Interrogatories, First Request for Production of Documents and Electronically Stored Information, and First Request for Admissions on Counsel for ESI, Inc. of Tennessee by Greenberry Industrial, LLC..(Joy, Stephen)
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NOTICE OF VIDEO PROCEEDING : Scheduling Conference set for 8/24/2022 at 02:00 PM via Zoom before Judge Thomas W. Thrash Jr. Connection Instructions: https://ganduscourts.zoomgov.com/j/1607922068 Meeting ID: 160 792 2068 Passcode: 195937 or dial 669 254 5252. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jeh)
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NOTICE of Hearing: Scheduling Conference set for 8/24/2022 at 02:00 PM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (jeh)
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Filing 21
AFFIRMATIVE DEFENSES AND ANSWER to #20 Counterclaim by Greenberry Industrial, LLC..(Joy, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 20
Affirmative Defenses and ANSWER to #10 Amended Complaint ( Discovery ends on 12/5/2022.), COUNTERCLAIM by ESI against Greenberry Industrial, LLC. with Jury Demand by ESI, Inc. of Tennessee. (Attachments: #1 Exhibit Exhibit A: ESI Purchase Order/Acknowledgment, #2 Exhibit Exhib A: Terms and Conditions, #3 Exhibit Exhibit A: Liquidated Damages, #4 Exhibit Exhibit A: Bid Package, #5 Exhibit Exhibit A: Scop of Work - Addendum #2, #6 Errata Exhibit A: Drawing List - Addendum #4, #7 Exhibit Exhibit A: Addendum #5, #8 Exhibit Exhibit A: IFC Drawings - Transmittal #64, #9 Exhibit Exhibit A: ESI Safety and Health Program, #10 Exhibit Exhibit A: COVID-19 - Project Requirements, #11 Exhibit Exhibit A: COVID_19 Screening Form, #12 Exhibit Exhibt A: Social Distancing Checklist, #13 Exhibit Exhibit A: Port Hudson Travel - Guidelines, #14 Exhibit Exhibit A: IS Network, #15 Exhibit Exhibit A: Answers - Questions, #16 Exhibit Exhibit A: Proposal - Port Hudson, #17 Exhibit Exhiit A: Bid Form - Port Hudson, #18 Exhibit Exhibit A: Project Execution Plan, #19 Exhibit Exhibit A: Bar Chart - 50 hour week, #20 Exhibit Exhibit A: GBI Rate, #21 Exhibit Exhibit A: GBI SOV Breakdown, #22 Exhibit Exhibit B-1: 20265089C-53-1 Greenberry Industrial ACK, #23 Exhibit Exhibit B-2: 20265089C-53-2 Greenberry Industrial ACK, #24 Exhibit Exhibit B-3: 20265089C-53-3 Greenberry ACK, #25 Exhibit Exhibit B-4: 20265089C-53-4 Greenberry ACK, #26 Exhibit Exhibit B-5: 20265089C-53-5 Greenberry ACK, #27 Exhibit Exhibit B-6: 20265089C-53-6 Greenberry ACK)(Daxe, Jeffrey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 19
OPINION AND ORDER: The Defendant's Motion to Dismiss #12 is DENIED. Signed by Judge Thomas W. Thrash, Jr. on 6/22/2022. (jra)
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Filing 18
Certification of Consent to Substitution of Counsel. Nathan K Hofman replacing attorney Maximilian Philip Perwich. (Hofman, Nathan)
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Submission of #12 MOTION to Dismiss Plaintiff's Amended Complaint for Forum Non Conveniens or, Due to Binding Arbitration to District Judge Thomas W. Thrash Jr. (jeh)
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Filing 17
REPLY to Response to Motion In Support re #12 MOTION to Dismiss Plaintiff's Amended Complaint for Forum Non Conveniens or, Due to Binding Arbitration filed by ESI, Inc. of Tennessee. (Daxe, Jeffrey) Modified on 4/7/2022 to edit text (jra).
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Filing 16
CERTIFICATE OF SERVICE of Discovery Filing Pursuant to Local Rule 5.4 regarding Defendant's Initial Disclosures by ESI, Inc. of Tennessee.(Daxe, Jeffrey)
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Filing 15
RESPONSE in Opposition re #12 MOTION to Dismiss Plaintiff's Amended Complaint for Forum Non Conveniens or, Due to Binding Arbitration filed by Greenberry Industrial, LLC.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Joy, Stephen)
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Filing 14
CERTIFICATE OF SERVICE filed by Greenberry Industrial, LLC. (Joy, Stephen)
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Filing 13
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Greenberry Industrial, LLC. & ESI, Inc. of Tennessee. (Laman, Brent) Modified on 3/15/2022 to edit text (jra).
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ORAL ORDER denying as moot #8 Motion to Dismiss. Amended Complaint filed at #10 . Ordered by Judge Thomas W. Thrash, Jr. on 3/11/2022. (jeh)
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Submission of #8 MOTION to Dismiss Plaintiff's Complaint for Forum Non Conveniens to District Judge Thomas W. Thrash Jr. (jeh)
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Filing 12
MOTION to Dismiss Plaintiff's Amended Complaint for Forum Non Conveniens or, Due to Binding Arbitration with Brief In Support by ESI, Inc. of Tennessee. (Attachments: #1 Memorandum of Law in Support of Its Motion to Dismiss Plaintiff's Amended Complaint for Forum Non Conveniens or, Due to Binding Arbitration)(Daxe, Jeffrey)
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Filing 11
RESPONSE in Opposition re #8 MOTION to Dismiss Plaintiff's Complaint for Forum Non Conveniens filed by Greenberry Industrial, LLC. (Attachments: #1 Exhibit Exhibit 1)(Joy, Stephen)
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Filing 10
AMENDED COMPLAINT for Breaches of Contract, Quantum Meruit, Unjust Enrichment, Promissory Estoppel, and Attorneys' Fees against ESI, Inc. of Tennessee filed by Greenberry Industrial, LLC.(Joy, Stephen) 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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Clerks Notation re #9 Certificate of Interested Persons. Reviewed and approved by Judge Thrash. (jeh)
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Filing 9
Certificate of Interested Persons and Corporate Disclosure Statement by ESI, Inc. of Tennessee identifying Corporate Parent ESI, Inc. of Tennessee Employee Stock Ownership Trust for ESI, Inc. of Tennessee. (Daxe, Jeffrey)
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Filing 8
MOTION to Dismiss Plaintiff's Complaint for Forum Non Conveniens with Brief In Support by ESI, Inc. of Tennessee. (Attachments: #1 Brief Brief in Support of Motion to Dismiss Complaint, #2 Exhibit A - Subcontract)(Perwich, Maximilian)
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Filing 7
NOTICE of Appearance by Jeffrey Alan Daxe on behalf of ESI, Inc. of Tennessee (Daxe, Jeffrey)
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Filing 6
NOTICE of Appearance by Robert Donald Ingram on behalf of ESI, Inc. of Tennessee (Ingram, Robert)
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Filing 5
NOTICE of Appearance by Maximilian Philip Perwich on behalf of ESI, Inc. of Tennessee (Perwich, Maximilian)
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Filing 4
Return of Service Executed by Greenberry Industrial, LLC. ESI, Inc. of Tennessee served on 1/21/2022, answer due 2/11/2022. (Joy, Stephen)
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Clerks Notation re #2 Certificate of Interested Persons. Reviewed and approved by TWT. (jeh)
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Filing 3
Electronic Summons Issued as to ESI, Inc. of Tennessee. (eop)
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Filing 2
Certificate of Interested Persons and Corporate Disclosure Statement by Greenberry Industrial, LLC identifying Corporate Parent, NAES Corporation; and Other Affiliates: ITOCHU International, Inc., I-Power Investment, Inc. and ITOCHU Corporation for Greenberry Industrial, LLC. (eop)
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Filing 1
COMPLAINT filed by Greenberry Industrial, LLC. (Filing fee $402.00, receipt number AGANDC-11524620) (Attachments: #1 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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