Coshap, LLC v. The Alpha, Inc
| Coshap, LLC doing business as Southside Discount Mall |
| The Alpha, Inc |
| 1:2023cv00917 |
| March 2, 2023 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Thomas W Thrash |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 MOTION to Strike #24 Emergency MOTION Judicial Notice of Dismissal of State Court Action and Related Relief and MOTION for Sanctions by The Alpha, Inc. (Attachments: #1 Exhibit Declaration of R. Knowles, #2 Exhibit Affidavit of M. Lefkow)(Knowles, Ramsey) Modified to edit text on 4/28/2023 (ceo). Added MOTION for Sanctions on 4/28/2023 (ceo). |
| Submission of #24 Emergency MOTION Judicial Notice of Dismissal of State Court Action and Related Relief re #22 Motion Hearing, to District Judge Eleanor L. Ross. (ceo) |
| Filing 24 Emergency MOTION Judicial Notice of Dismissal of State Court Action and Related Relief #22 Motion Hearing, with Brief In Support by Coshap, LLC. (Attachments: #1 Exhibit 1: Dismissal of State Court Action, #2 Exhibit 2: Affidavit)(Wersant, Paul) Modified to edit text on 4/28/2023 (ceo). |
| Submission of #20 MOTION to Dismiss Amended Complaint, #7 MOTION to Dismiss , to District Judge Eleanor L. Ross. (ceo) |
| Filing 23 REPLY to Response to Motion re #20 MOTION to Dismiss Amended Complaint filed by The Alpha, Inc. (Knowles, Ramsey) Modified to edit event on 4/26/2023 (ceo). |
| Filing 22 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 4/21/2023 re #4 Emergency Motion for Preliminary Injunction. Court called to order. Also present during the hearing was Jay Shapiro, the owner/operator of Coshap, LLC. Parties presented arguments. Court took motion for preliminary injunction under advisement. Court adjourned. Hearing concluded. (Court Reporter Shannon Welch)(ceo) |
| Filing 21 RESPONSE in Opposition re #20 MOTION to Dismiss Amended Complaint filed by Coshap, LLC. (Wersant, Paul) |
| Filing 20 MOTION to Dismiss Amended Complaint with Brief In Support by The Alpha, Inc. (Attachments: #1 Brief, #2 Exhibit)(Bain, Karen) |
| Filing 19 Emergency MOTION to Present Testimonial Evidence at Hearing [Doc 12] on its current date #12 Order on Motion to Expedite,, with Brief In Support by Coshap, LLC. (Attachments: #1 Exhibit A; State Court Counterclaim, #2 Errata B: Motion to Strike or Dismiss Counterclaim, #3 Exhibit C: Discovery Resposes, #4 Exhibit D: Affidavit)(Wersant, Paul) |
| Filing 18 NOTICE of Appearance by Christopher Timmons on behalf of The Alpha, Inc (Timmons, Christopher) |
MINUTE ORDER (by docket entry only). Upon review, the Court DENIES Plaintiff's "Emergency Motion to Present Testimonial Evidence at Hearing [Doc. 12] by Plaintiff Against Defendant." [Doc. 19]. As the Court stated in its Orders dated April 3 and 5, 2023, the Court will only hear argument from counsel at the hearing on Friday, April 21, 2023. [See Docs. 10, 12]. Approved by District Judge Eleanor L. Ross on 4/19/23. (mlb)
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| Filing 17 CERTIFICATE of Service by Coshap, LLC (Wersant, Paul) Modified to edit event text on 4/18/2023 (ceo). |
| Filing 16 AMENDED COMPLAINT and Reply to Untimely Response [Doc 15] against The Alpha, Inc filed by Coshap, LLC. (Attachments: #1 Exhibit A Lease Vioations, #2 Exhibit B: Agreement, #3 Exhibit C: Worksheet, #4 Exhibit D: Verification)(Wersant, Paul) 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 15 RESPONSE in Opposition re #4 Emergency MOTION for Preliminary Injunction by Plaintiff against Defendant filed by The Alpha, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Bain, Karen) |
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Minute Order (by docket entry only). Upon review, the Court finds Plaintiff has not demonstrated good cause for its requested extension to respond to Defendant's motion to dismiss. Accordingly, the Court DENIES Plaintiff's motion. [Doc. 14]. Approved by District Judge Eleanor L. Ross on 4/14/23.(mlb)
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| Filing 14 MOTION for Extension of Time File Response to Motion [Doc 7] re: #7 MOTION to Dismiss with Brief In Support by Coshap, LLC. (Attachments: #1 Exhibit 1: Text of Proposed Order)(Wersant, Paul) |
| Filing 13 NOTICE of Appearance by Karen Bain on behalf of The Alpha, Inc (Bain, Karen) |
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Filing 12
ORDER granting #11 Motion to Expedite. The Court RESCHEDULES the hearing in this case regarding Plaintiff's Motion for Preliminary Injunction #4 from May 26, 2023, to 10:00 a.m. on Friday, April 21, 2023. The Court ORDERS the Parties to adhere to the following expedited schedule for briefing on Plaintiff's motion for preliminary injunction: (See Order for Details). Further, the Court DIRECTS the Parties to jointly submit, by 5:00 p.m. on Monday, April 17, 2023, a proposed schedule for the hearing that sets forth how much time is requested by each side to argue each issue. Signed by Judge Eleanor L. Ross on 4/5/23. (ceo)
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| Filing 11 Emergency MOTION to Expedite Emergency Hearing on Motion [Doc 4 and Expedited Schedule [Doc 10] with Brief In Support by Coshap, LLC. (Attachments: #1 Exhibit A: Federal Tax Lien against Defendant, #2 Exhibit B: Federal Tax Lien against Defendant, #3 Exhibit C: Gas South Complaint against Defendant, #4 Exhibit D: Gas South Judgment Lien against Defendant, #5 Exhibit E: Lamar Complaint against Defendant, #6 Exhibit F: Lamar Judgment against Defendant, #7 Exhibit G: Lease Payments due by Defendant, #8 Exhibit H: Rico Lien, #9 Exhibit I: Wiburn Verification)(Wersant, Paul) |
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Filing 10
ORDER: The Court SCHEDULES a hearing on Plaintiff's Motion for Preliminary Injunction #4 for Friday, May 26, 2023, at 10:00 a.m., in Courtroom 1708. The Court DIRECTS the Parties to jointly submit, by 5:00 p.m. on Monday, May 22, 2023, a proposed schedule for the hearing that sets forth how much time is requested by each side to argue each issue. Signed by Judge Eleanor L. Ross on 4/3/23. (ceo)
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| Filing 9 NOTICE by The Alpha, Inc re #4 Emergency MOTION for Preliminary Injunction by Plaintiff against Defendant (Knowles, Ramsey) |
| Clerks Notation re #8 Leave of Absence. Attorney Ramsey A. Knowles is relieved from personally having to attend any proceedings or trials in this matter on the following date(s): ): April 3-12, 2023, June 19-28, 2023, July 10-19, 2023, September 11-22, 2023, and November 8-17, 2023. This leave of absence will not affect the processing of this case including the scheduling of motions, hearings, trials or other events before this Court. (mlb) |
| Filing 8 Notice for Leave of Absence for the following date(s): April 3-12, 2023, June 19-28, 2023, July 10-19, 2023, September 11-22, 2023, November 8-17, 2023, by Ramsey A. Knowles. (Knowles, Ramsey) |
| Filing 7 MOTION to Dismiss with Brief In Support by The Alpha, Inc. (Attachments: #1 Brief, #2 Exhibit)(Knowles, Ramsey) |
| Filing 6 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Judge Eleanor L. Ross for all further proceedings. Judge Thomas W. Thrash, Jr. 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 1:23-cv-00917-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 03/22/2023. (jkb)
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| Submission of #4 Emergency MOTION for Preliminary Injunction by Plaintiff against Defendant, to District Judge Eleanor L. Ross. (jkb) |
| Submission of #4 Emergency MOTION for Preliminary Injunction by Plaintiff against Defendant, to District Judge Thomas W. Thrash Jr. (jkb) |
| Filing 4 Emergency MOTION for Preliminary Injunction by Plaintiff against Defendant with Brief In Support by Coshap, LLC. (Attachments: #1 Exhibit 1: 2016 Lease, #2 Exhibit 2: 2015 Lease, #3 Exhibit 3: Notice, #4 Exhibit 4: Estoppel Notice, #5 Exhibit 4a: 2015 Estoppel Certificate, #6 Exhibit 4b: 2016 Estoppel Certificate, #7 Exhibit 5: Letter of Defendant on Estoppels, #8 Exhibit 6: Notice of Non-Renewal, #9 Exhibit 7: Notice of Cloud on Title, #10 Exhibit 8: Cloud on Title, #11 Exhibit 9: Counterfeit Notice, #12 Exhibit 9a: Counterfeit Photos, #13 Exhibit 10: Response by Alpha, #14 Exhibit 11: Amended Closing Contract with current date, #15 Exhibit 12: Verification)(Wersant, Paul) |
| Filing 3 Return of Service Executed by Coshap, LLC. The Alpha, Inc served on 3/9/2023, answer due 3/30/2023. (Wersant, Paul) |
| Filing 2 Electronic Summons Issued as to The Alpha, Inc. (pdt) |
| Filing 1 COMPLAINT filed by Coshap, LLC. (Filing fee $402, receipt number AGANDC-12431347) (Attachments: #1 Civil Cover Sheet)(pdt) 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: Coshap, LLC doing business as Southside Discount Mall | |
| Represented By: | Paul Gerard Wersant |
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| Defendant: The Alpha, Inc | |
| Represented By: | Christopher Timmons |
| Represented By: | Karen Bain |
| Represented By: | Ramsey A. Knowles |
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