VBA-BAmerica, LLC v. Mohawk Industries, Inc.
Plaintiff: VBA-BAmerica, LLC
Defendant: Mohawk Industries, Inc.
Case Number: 4:2020cv00180
Filed: July 29, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Mark H Cohen
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2020 Clerk's Entry of Dismissal APPROVING #23 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (rjs)
November 13, 2020 Civil Case Terminated. (rjs)
November 12, 2020 Filing 23 NOTICE of Voluntary Dismissal Without Prejudice filed by VBA-BAmerica, LLC (Forestner, David)
November 3, 2020 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mohawk Industries, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2)(Scribner, Douglas)
October 20, 2020 Filing 21 AMENDED COMPLAINT against Mohawk Industries, Inc. with Jury Demand filed by VBA-BAmerica, LLC.(jpa) 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.
October 20, 2020 Opinion or Order Filing 20 ORDER granting #19 Motion for Leave to Amend the Complaint. The Clerk shall docket the proposed Second Amended Complaint as the operative complaint in this case. Defendant's #9 Motion to Dismiss the Amended Complaint is DENIED AS MOOT. Signed by Judge Mark H. Cohen on 10/20/20. (jpa)
October 20, 2020 Opinion or Order ORDER (by docket entry only): The Order entered on October 20, 2020 #20 granted Plaintiff's Consent Motion to Amend the Amended Complaint #19 . With the filing of the Second Amended Complaint #21 , the pending Motion to Dismiss the Amended Complaint #15 is now moot. Accordingly, it is hereby ORDERED that Defendant's Motion to Dismiss Plaintiff's Amended Complaint #15 is DENIED AS MOOT. Signed by Judge Mark H. Cohen on 10/20/2020. (rvb)
October 19, 2020 Filing 19 Consent MOTION to Amend #12 Amended Complaint, by VBA-BAmerica, LLC. (Attachments: #1 Exhibit A - Second Amended Complaint)(Forestner, David)
September 30, 2020 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to file a response to the #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff shall have 10 days from the date the Court rules on Plaintiff's forthcoming motion for leave to file an amended complaint, if a response is still required. Signed by Judge Mark H. Cohen on 9/30/20. (jpa)
September 30, 2020 Filing 17 Consent MOTION for Extension of Time to File Response re: #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by VBA-BAmerica, LLC. (Attachments: #1 Text of Proposed Order)(Forestner, David)
September 29, 2020 Opinion or Order Filing 16 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
September 18, 2020 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mohawk Industries, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Scribner, Douglas)
September 15, 2020 Opinion or Order Filing 14 ORDER: Given that the First Amended Complaint is the operative complaint in this case, Defendant's #9 Motion to Dismiss original complaint for Failure to State a Claim is Denied as Moot. Signed by Judge Mark H. Cohen on 9/15/20. (bjh)
September 11, 2020 Filing 13 NOTICE Of Filing Exhibit by VBA-BAmerica, LLC re #12 Amended Complaint, (Attachments: #1 Exhibit A to First Amended Complaint)(Forestner, David)
September 10, 2020 Submission of #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Mark H. Cohen. (bjh)
September 4, 2020 Filing 12 First AMENDED COMPLAINT against Mohawk Industries, Inc.with Jury Demand filed by VBA-BAmerica, LLC.(Forestner, David) 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.
September 2, 2020 Opinion or Order Filing 11 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
August 31, 2020 Clerks Notation re #10 Certificate of Interested Persons reviewed by MHC. (lwb)
August 21, 2020 Filing 10 Certificate of Interested Persons by Mohawk Industries, Inc.. (Scribner, Douglas)
August 21, 2020 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mohawk Industries, Inc.. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit A to Brief in Support of Motion to Dismiss)(Scribner, Douglas)
August 4, 2020 Opinion or Order Filing 8 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (rvb) (ADI)
August 4, 2020 Opinion or Order Filing 7 STANDING ORDER Regarding Civil Litigation. Signed by Judge Mark H. Cohen on 8/4/20. (bjh)
July 31, 2020 Filing 6 Return of Service Executed by VBA-BAmerica, LLC. Mohawk Industries, Inc. served on 7/31/2020, answer due 8/21/2020. (Forestner, David)
July 31, 2020 Filing 5 Electronic Summons Issued as to Mohawk Industries, Inc. (bjh)
July 31, 2020 Filing 4 Clerks Notation re #2 Certificate of Interested Persons reviewed by MHC. (lwb)
July 29, 2020 Opinion or Order Filing 3 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/20. (bjh)
July 29, 2020 Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by VBA-BAmerica, LLC. (bjh)
July 29, 2020 Filing 1 COMPLAINT with Jury Demand filed by VBA-BAmerica, LLC. (Filing fee $400, receipt number AGANDC-9965761) (Attachment: #1 Civil Cover Sheet)(bjh) 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: VBA-BAmerica, LLC
Represented By: David John Forestner
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Defendant: Mohawk Industries, Inc.
Represented By: Jason Robert Rottner
Represented By: Thomas Powell Grantham
Represented By: Douglas G. Scribner
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