Gayle v. ARAC Roof It Forward
Marvin Gayle |
ARAC Roof It Forward, LLC |
1:2024cv00628 |
February 12, 2024 |
US District Court for the Northern District of Georgia |
Eleanor L Ross |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 69 RESPONSE re #67 Order, filed by Marvin Gayle. (ces) |
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Clerk's Certificate of Mailing as to Marvin Gayle re #68 Order. (ces) |
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Clerk's Certificate of Mailing as to Marvin Gayle re #67 Order. (ces) |
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Civil Case Terminated. (ces) |
Submission of #67 Order, to Magistrate Judge John K. Larkins. (ces) |
Filing 66 Mail Returned as Undeliverable. Mail sent to Marvin Gayle re #61 Order. Marked: return to sender, attempted-not known, unable to forward. (ces) |
Filing 65 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by ARAC Roof It Forward, LLC. (McDonald, Stephen) |
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Clerk's Certificate of Mailing as to Marvin Gayle re #64 Order. (ces) |
Filing 63 Joint MOTION for Extension of Time to Put Together Joint Preliminary Report and Discovery Plan by ARAC Roof It Forward, LLC. (McDonald, Stephen) |
Filing 62 NOTICE of Appearance by Stephen Kyle McDonald on behalf of ARAC Roof It Forward, LLC (McDonald, Stephen) |
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Clerk's Certificate of Mailing as to ARAC Roof It Forward, LLC, Marvin Gayle re #61 Order. (ces) |
Filing 60 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Brian F. Walthart. Clerk to follow-up by 2/23/2024. (esr) |
Clerk's Certificate of Mailing to Marvin Gayle as to Marvin Gayle re #59 Order. (mlb) |
Submission of #30 First MOTION for Judgment on the Pleadings of plaintiffs doc #8 statement of claim, defendants doc #21 & #25 response and plaintiff's doc #29 reply to #21 and #25 , to District Judge Eleanor L. Ross. (aar) |
Filing 59 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
Filing 58 Case transferred in from District of Tennessee Middle; Case Number 3:23-cv-00284. Original file certified copy of transfer order and docket sheet received. |
Submission of Notice (Other), #42 MOTION for order to preserve evidence and for order permitting limited discovery , #23 MOTION to Strike #21 Answer to Amended Complaint (defendant's THIRD defensive move)., #49 Second MOTION to Strike #21 Answer to Amended Complaint , to District Judge Eleanor L. Ross. (mlb) |
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Filing 56 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/09/24. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 55 RESPONSE in opposition to defendant's doc. 52 "OBJECTIONS to Report and Recommendations" re45.. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 54 REPLY to Response to re #49 Second MOTION to Strike #21 Answer to Amended Complaint filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 53 RESPONSE in Opposition re #49 Second MOTION to Strike #21 Answer to Amended Complaint filed by ARAC Roof It Forward, LLC. (Walthart, Brian) [Transferred from Tennessee Middle on 2/12/2024.] |
NOTICE TO FILER re DE#52 : The wrong event was used. The correct event should be Objection to Report and Recommendations. Counsel shall re-file the document. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 52 ***DISREGARD***OBJECTIONS to Report and Recommendations filed by ARAC Roof It Forward, LLC re #45 Report and Recommendation,,. (Walthart, Brian) Modified on 11/30/2023 (ad). [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 51 OBJECTION to #45 Report and Recommendations by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
NOTICE TO FILER re DE#50 : The wrong event was used. The correct event should be Objection to Report and Recommendations. Counsel shall re-file the document. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 50 ***DISREGARD***OBJECTIONS to [doc. 45] Report and Recommendations. (Gayle, Marvin) Modified on 11/28/2023 (ad). [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 49 Second MOTION to Strike #21 Answer to Amended Complaint by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 47 RESPONSE to Motion re #46 Joint MOTION to Withdraw as Attorney filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 46 Joint MOTION to Withdraw as Attorney by ARAC Roof It Forward, LLC. (Attachments: #1 Attachment Notice, #2 Attachment Notice)(Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 45 REPORT AND RECOMMENDATION: For these reasons, the Magistrate Judge RECOMMENDS that the Court FIND MOOT ARAC's first motion to dismiss (Doc. No. #13 ), GRANT IN PART ARAC's second motion to dismiss or transfer (Doc. No. #20 ), and TRANSFER this action to the Northern District of Georgia under 28 U.S.C. 1406(a). Any party has fourteen days after being served with this Report and Recommendation to file specific written objections. Signed by Magistrate Judge Alistair Newbern on 11/14/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 44 REPLY to Response to re #42 MOTION for order to preserve evidence and for order permitting limited discovery filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 43 RESPONSE in Opposition re #42 MOTION for order to preserve evidence and for order permitting limited discovery filed by ARAC Roof It Forward, LLC. (Walthart, Brian) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 42 MOTION for order to preserve evidence and for order permitting limited discovery by Marvin Gayle. (Attachments: #1 Attachment Plaintiff's declaration in support of motion, #2 Attachment Johnson v. UMG Recordings, Inc opinion)(Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 41 DECLARATION of Marvin Gayle filed by Marvin Gayle re: #16 Response in Opposition to Motion. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 39 MOTION to Amend/Correct #16 Response in Opposition to Motion, by Marvin Gayle. (Attachments: #1 Attachment Corrected Plaintiff's declaration)(Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
TN State Bar status verified as active for Brian F. Walthart admitted to this court. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 38 NOTICE of Appearance by Brian F. Walthart on behalf of ARAC Roof It Forward, LLC (Walthart, Brian) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 36 Motion/NOTICE by Marvin Gayle re withdrawal of document 26, "Motion to compel" (Gayle, Marvin) Modified on 7/3/2023 (ad). [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 35 REPLY to Response to re #30 First MOTION for Judgment on the Pleadings of plaintiffs doc #8 statement of claim, defendants doc #21 & #25 response and plaintiff's doc #29 reply to #21 and #25 filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 34 RESPONSE in Opposition re #30 First MOTION for Judgment on the Pleadings of plaintiffs doc #8 statement of claim, defendants doc #21 & #25 response and plaintiff's doc #29 reply to #21 and #25 filed by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 33 REPLY to Response to re #26 MOTION to Compel defendant's required participation in a Rule 26(f) conference filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 32 RESPONSE in Opposition re #26 MOTION to Compel defendant's required participation in a Rule 26(f) conference With Corrected Date of Cert. of Service filed by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 31 RESPONSE in Opposition re #26 MOTION to Compel defendant's required participation in a Rule 26(f) conference filed by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 30 First MOTION for Judgment on the Pleadings of plaintiffs doc #8 statement of claim, defendants doc #21 & #25 response and plaintiff's doc #29 reply to #21 and #25 by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 29 REPLY filed by Marvin Gayle re #24 Notice (Other) filed by ARAC Roof It Forward, LLC, #25 Notice (Other) filed by ARAC Roof It Forward, LLC, #21 Answer to Amended Complaint filed by ARAC Roof It Forward, LLC. (Attachments: #1 Attachment Affidavit/Proof of service on defendant)(Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 28 REPLY to Response to re #23 MOTION to Strike #21 Answer to Amended Complaint (defendant's THIRD defensive move). filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 27 RESPONSE in Opposition re #23 MOTION to Strike #21 Answer to Amended Complaint (defendant's THIRD defensive move). filed by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 26 MOTION to Compel defendant's required participation in a Rule 26(f) conference by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 25 NOTICE of Filing by ARAC Roof It Forward, LLC re #21 Answer to Amended Complaint Amended Pursuant to FRCP 5 (Attachments: #1 Attachment Corrected Pursuant to FRCP 5)(Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 24 NOTICE of Filing by ARAC Roof It Forward, LLC re #21 Answer to Amended Complaint Certificate of Service (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
NOTICE TO FILER re DE#21 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 23 MOTION to Strike #21 Answer to Amended Complaint (defendant's THIRD defensive move). by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 22 RESPONSE in Opposition re #20 MOTION re #19 Reply to Response to Motion To Transfer filed by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 21 ANSWER to #8 Amended Complaint by ARAC Roof It Forward, LLC.(Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 20 MOTION re #19 Reply to Response to Motion To Transfer by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 19 REPLY to Response to re #13 MOTION to Dismiss and Supporting Memorandum of Law filed by ARAC Roof It Forward, LLC. (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 17 MOTION Expedited Consideration of defendant's doc 13. Motion and Plaintiff's doc 15 response. by Marvin Gayle. (Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 16 RESPONSE in Opposition re #13 MOTION to Dismiss and Supporting Memorandum of Law filed by Marvin Gayle. (Attachments: #1 Attachment Plaintiff's declaration in support of response, #2 Exhibit "Exhibit D" showing gutter proposal)(Gayle, Marvin) [Transferred from Tennessee Middle on 2/12/2024.] |
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TN State Bar status verified as active for Jay Scott Bowen admitted to this court. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
TN State Bar status verified as active for Rebekah L. Shulman admitted to this court. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 14 NOTICE of Appearance by Rebekah L. Shulman on behalf of ARAC Roof It Forward, LLC (Shulman, Rebekah) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 13 MOTION to Dismiss and Supporting Memorandum of Law by ARAC Roof It Forward, LLC. (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss - Contract)(Bowen, Jay) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 12 NOTICE of Appearance by Jay Scott Bowen on behalf of ARAC Roof It Forward, LLC (Bowen, Jay) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 11 SUMMONS returned executed by Marvin Gayle. ARAC Roof It Forward, LLC served on 4/9/2023. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 9 MOTION/Request for Leave to Access Courts Electronic Filing Apparatus. by Marvin Gayle. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 8 SECOND AMENDED COMPLAINT against ARAC Roof It Forward, LLC, filed by Marvin Gayle.(ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 7 MOTION/Request for Leave to Access Courts Electronic Filing Apparatus. by Marvin Gayle. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 6 AMENDED COMPLAINT against ARAC Roof It Forward, LLC, filed by Marvin Gayle.(ad) [Transferred from Tennessee Middle on 2/12/2024.] |
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Filing 4 Summons issued as to ARAC Roof It Forward, LLC. Service copy handed back at intake. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 2 ***DISREGARD***NOTICE of Business Entity Disclosure Statement filing requirement. (ad) Modified on 3/29/2023 (ad). [Transferred from Tennessee Middle on 2/12/2024.] |
Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (ad) [Transferred from Tennessee Middle on 2/12/2024.] |
Filing 1 COMPLAINT against ARAC Roof It Forward (Filing fee $402, Receipt number 34675068864), filed by Marvin Gayle. (Attachments: #1 Attachment - Attachment to Complaint, #2 Attachment - Receipt)(ad) [Transferred from Tennessee Middle on 2/12/2024.] Modified on 2/12/2024 to correct spelling (mlb). |
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Plaintiff: Marvin Gayle | |
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Defendant: ARAC Roof It Forward, LLC | |
Represented By: | Brian F. Walthart |
Represented By: | Stephen Kyle McDonald |
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