OTR Capital, LLC v. B&J Brothers Corp et al
| OTR Capital, LLC |
| Jorge Santos, B&J Brothers Corp, Brady Helguera, Jorge Sotolongo Santos, Jorge Luis Sotolongo Santos, Michelle Resmondo, Landscape Products, Inc., Shannon Durham and Southwest Waste Services, LLC |
| 1:2022cv05047 |
| December 22, 2022 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal - Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Clerks Entry of Default as to B&J Brothers Corp, Brady Helguera, Michelle Resmondo, Jorge Santos (bgt) |
| Filing 33 MOTION for Clerks Entry of Default Against Defendants B&J Brothers Corp, Brady Helguera, Jorge Santos, and Michelle Resmondo by OTR Capital, LLC. (Attachments: #1 Affidavit Affidavit in Support of Application for Default, #2 Exhibit Exhibit 1 of Affidavit in Support of Application for Default, #3 Exhibit Exhibit 2 of Affidavit in Support of Application for Default, #4 Exhibit Exhibit 3 of Affidavit in Support of Application for Default, #5 Exhibit Exhibit 4 of Affidavit in Support of Application for Default)(Sadri, Amin) |
| Refund in the amount of $402.00 has been processed, effective 2/14/2023 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerk's Entry of Dismissal APPROVING #29 Stipulation of Dismissal as to Southwest Waste Services, LLC and Shannon Durham pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (ane) |
Filing 32
ORDER GRANTING #30 Motion for Extension of Time to File Response. The deadline for Plaintiff to respond to Defendant Landscape Product's #22 Motion to Dismiss is hereby EXTENDED through and including February 28, 2023. Signed by Judge Sarah E. Geraghty on 2/13/2023. (ane)
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| Filing 31 RESPONSE re #30 MOTION for Extension of Time to File Response to Defendant Landscape Product's Motion to Dismiss filed by Landscape Products, Inc.. (Beelen, Gary) |
| Filing 30 MOTION for Extension of Time to File Response to Defendant Landscape Product's Motion to Dismiss by OTR Capital, LLC. (Attachments: #1 Exhibit Proposed Order)(Kaplan, Bryan) |
| Filing 29 STIPULATION of Dismissal Pursuant to FRCP 41(a)(1)(A)(i) and LR 41.1 as to Defendants Southwest Waste Services, LLC and Shannon Durham by OTR Capital, LLC. (Kaplan, Bryan) Modified text on 2/14/2023 (ane). |
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Filing 28
ORDER: Defendants' Oral Motion to Stay Discovery is GRANTED. Discovery is STAYED pending the Court's ruling on Defendants' #22 and #24 Motions to Dismiss. Plaintiff's #3 Motion for Leave to Amend Complaint for Damages and to Add Party is DENIED WITHOUT PREJUDICE. Plaintiff shall file any renewed motion seeking leave to amend and to add parties within 30 days of the entry of this order. Plaintiff and Defendants Shannon Durham and Southwest Waste Services are DIRECTED to file any stipulation of dismissal on the record, and the Court will address it promptly. Defendants Shannon Durham and Southwest Waste Services' #4 Motion to Dismiss Plaintiff's Original Complaint is DENIED AS MOOT. Signed by Judge Sarah E. Geraghty on 2/9/2023. (sap)
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| Filing 27 Minute Entry for proceedings held before Judge Sarah E. Geraghty: Telephone Conference held on 2/9/2023. (Court Reporter Melissa Brock) (sap) |
| Oral MOTION to Stay Discovery by Shannon Durham, Landscape Products, Inc., Southwest Waste Services, LLC. (sap) |
| Clerks Approval re #26 Application for Refund of Fees paid online. (mec) |
| Filing 26 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-12279220. (Evans, James) |
| Filing 24 MOTION to Dismiss Plaintiff's First Amended Complaint for Damages with Brief In Support by Shannon Durham, Southwest Waste Services, LLC. (Attachments: #1 Brief, #2 Exhibit)(Evans, James) |
| Filing 23 ANSWER to #25 Amended Complaint by Landscape Products, Inc.(Beelen, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/2/2023 to link to refiled amended complaint(ane). |
| Filing 22 MOTION to Dismiss Plaintiff's First Amended Complaint for Damages with Brief In Support by Landscape Products, Inc. (Attachments: #1 Brief)(Beelen, Gary) Modified on 2/1/2023 (ane). |
| Notification of Docket Correction re #12 Amended Complaint. Amended Complaint refiled at #25 to create answer record for all defendants. All defendants not selected when originally filed. (bgt) |
| NOTICE OF HEARING: A Telephone Conference is SCHEDULED for 02/09/2023 at 03:00 PM before Judge Sarah E. Geraghty. (sap) |
| Filing 21 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by OTR Capital, LLC. (Kaplan, Bryan) |
| Filing 20 NOTICE of Appearance by Mikayla Mobley on behalf of Shannon Durham, Southwest Waste Services, LLC (Evans, James) Modified on 1/26/2023 to correct attorney name (nmb). |
| Filing 19 Initial Disclosures by Shannon Durham, Southwest Waste Services, LLC.(Evans, James) |
| Submission of #3 MOTION to Amend Complaint to District Judge Sarah E. Geraghty. (sap) |
| Filing 18 Initial Disclosures by OTR Capital, LLC.(Kaplan, Bryan) |
| Filing 17 Initial Disclosures by Landscape Products, Inc..(Beelen, Gary) |
| Filing 25 First AMENDED COMPLAINT against B&J Brothers Corp, Shannon Durham, Brady Helguera, Landscape Products, Inc., Michelle Resmondo, Jorge Santos, Southwest Waste Services, LLC with Jury Demand filed by OTR Capital, LLC. (Redocketed from #12 Amended Complaint to create answer record) (Attachments: #1 Exhibits 8-11)(bgt) 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 16 NOTICE Of Filing by OTR Capital, LLC re #12 Amended Complaint, (Attachments: #1 Affidavit Verification of Amended Complaint)(Kaplan, Bryan) |
| Filing 15 REPLY to Response to Motion re #3 MOTION to Amend filed by OTR Capital, LLC. (Kaplan, Bryan) |
| Filing 14 Certificate of Interested Persons by OTR Capital, LLC. (Kaplan, Bryan) |
| Filing 13 RESPONSE re #4 Motion to Dismiss for Failure to State a Claim filed by OTR Capital, LLC. (Kaplan, Bryan) |
| Filing 12 Refiled at #25 Amended Complaint First AMENDED COMPLAINT By Plaintiff against Shannon Durham, Southwest Waste Services, LLC filed by OTR Capital, LLC. (Attachments: #1 Exhibit 8-11)(Kaplan, Bryan) 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. Modified on 1/31/2023 (bgt). |
| Filing 11 Certificate of Interested Persons by Landscape Products, Inc.. (Beelen, Gary) |
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Filing 10
ORDER GRANTING #9 Consent MOTION for Extension of Time File Response to Motion to Dismiss. Plaintiff shall have though and including January 17, 2023 to file its response to Defendants Southwest Waste Services, LLC and Shannon Durham's #4 Motion to Dismiss. Signed by Judge Sarah E. Geraghty on 1/10/2023. (ane)
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| Filing 9 Consent MOTION for Extension of Time File Response to Motion to Dismiss by Southwest Waste by OTR Capital, LLC. (Attachments: #1 Proposed Order)(Kaplan, Bryan) |
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Filing 8
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on on 1/9/2023. (sap)
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| Filing 7 NOTICE of Appearance by Edward Bedard on behalf of OTR Capital, LLC (Bedard, Edward) |
| Filing 6 NOTICE of Appearance by Craig G. Kunkes on behalf of OTR Capital, LLC (Kunkes, Craig) |
| Filing 5 RESPONSE in Opposition re #3 MOTION to Amend COMPLAINT FOR DAMAGES AND TO ADD PARTY filed by Landscape Products, Inc.. (Beelen, Gary) |
| Filing 4 MOTION to Dismiss with Brief In Support by Shannon Durham, Southwest Waste Services, LLC. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A)(Evans, James) Modified text on 12/28/2022 (ane). |
| Filing 3 MOTION for Leave to Amend Complaint for Damages and to Add Party by OTR Capital, LLC. (Filed in Superior Court of Fulton County on 11/30/2022) (nmb) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Landscape Products, Inc. Discovery ends on 5/22/2023. (Filed in Superior Court of Fulton County on 11/29/2022) (nmb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Shannon Durham, Southwest Waste Services, LLC. (Filing fee $ 402 receipt number AGANDC-12279220) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(nmb) 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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