Bazan Painting Company v. Brentech, Inc. et al
| Bazan Painting Company |
| BRENTECH, INC. and Theodore B. Brennan |
| 4:2022cv00241 |
| November 1, 2022 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER GRANTING #58 Application for Admission Pro Hac Vice of William Sudela. Signed by Judge William M. Ray, II on 12/14/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tas)
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Filing 59
ORDER GRANTING #57 Application for Admission Pro Hac Vice of John Herrmann. Signed by Judge William M. Ray, II on 12/14/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tas)
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| APPROVAL by Clerks Office re: #57 APPLICATION for Admission of John Herrmann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12244615).. Attorney John D. Herrmann added appearing on behalf of Bazan Painting Company (kkh) |
| APPROVAL by Clerks Office re: #58 APPLICATION for Admission of William Sudela Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12244677).. Attorney William R. Sudela added appearing on behalf of Bazan Painting Company (kkh) |
| Filing 58 APPLICATION for Admission of William Sudela Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12244677).by Bazan Painting Company. (Davis, Lee) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 57 APPLICATION for Admission of John Herrmann Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12244615).by Bazan Painting Company. (Davis, Lee) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 56 NOTICE of Appearance by Lee C. Davis, I on behalf of Bazan Painting Company (Davis, Lee) |
| Filing 55 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Russell E. Jumper. Clerk to follow-up by 12/2/2022. (cdg) |
| Filing 54 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Julia Edwards. Clerk to follow-up by 12/2/2022. (cdg) |
| Filing 53 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michael A. Ackal, III. Clerk to follow-up by 12/2/2022. (cdg) |
| Filing 52 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to William R. Sudela. Clerk to follow-up by 12/2/2022. (cdg) |
| Filing 51 Case transferred in from District of Texas Southern; Case Number 4:21-cv-03066. Original file certified copy of transfer order and docket sheet received. |
| Interdistrict transfer to United States District Court for the Northern District of Georgia as to Defendant Theodore B. Brennan. Case transferred electronically, filed. (gkelner, 4) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 50
ORDER granting #42 Motion for Leave to File; granting #43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof. The Court GRANTS Bazans Motion to Sever and Transfer, ECF No. 43, SEVERS the claims against Brennan from the claims against Brentech, and ORDERS that the claims against Brennan be transferred to the United States District Court for the Northern District of Georgia. The Court further ORDERS that the claims against Brentech are retained by this Court and shall proceed according to the previously entered Docket Control Order. The Court also GRANTS Bazans Motion for Leave to File a Second Amended Complaint. ECF No. 42..(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 10/26/2022 on the Motion to Sever and Transfer filed by Plaintiff (ECF No. 43). The Motion was GRANTED. The claims against Brennan are transferred to the Northern District of Georgia, and the claims against Brentech will remain pending in this Court. A short formal order memorializing this ruling will follow. Appearances: William Sudela, Julia Edwards (Court Reporter: D. Smith)(Law clerk: BES),, filed.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 49 NOTICE of Setting as to #43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof. Parties notified. Motion Hearing set for 10/26/2022 at 11:30 AM in by telephone before Judge Keith P Ellison, filed. TIME CHANGE. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 48 RESPONSE in Opposition to #42 MOTION for Leave to File Plaintiff's Second Amended Complaint, filed by Theodore B. Brennan, Brentech, Inc.. (Attachments: #1 Proposed Order)(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 47 NOTICE of Setting as to #43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof. Parties notified. Motion Hearing reset for 10/26/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 46 Unopposed MOTION to Reset Hearing set for 10/18/2022 at 03:00 PM by Theodore B. Brennan, Brentech, Inc., filed. Motion Docket Date 10/28/2022. (Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 45 NOTICE of Setting as to #43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof. Parties notified. Motion Hearing set for 10/18/2022 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 44 RESPONSE to #43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof filed by Theodore B. Brennan, Brentech, Inc.. (Attachments: #1 Appendix, #2 Proposed Order)(Edwards, Julia) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 43 MOTION to Sever and Transfer the Claims Against Theodore B. Brennan and Brief in Support Thereof by Bazan Painting Company, filed. Motion Docket Date 10/17/2022. (Attachments: #1 Proposed Order)(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 42 MOTION for Leave to File Plaintiff's Second Amended Complaint by Bazan Painting Company, filed. Motion Docket Date 10/17/2022. (Attachments: #1 Proposed Order)(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 41 DESIGNATION OF EXPERT WITNESS LIST by Theodore B. Brennan, Brentech, Inc., filed.(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Minute Entry for proceedings held before Judge Keith P Ellison. STATUS CONFERENCE held on 9/15/2022. Parties are ORDERED to submit further briefing about whether to sever or transfer the case. Plaintiff shall submit its brief no later than 9/26/22, and Defendant shall respond no later than 10/6/22. Brennans motion to dismiss (ECF No. 12) is DENIED WITHOUT PREJUDICE, but the Court may sua sponte reconsider its decision after the completion of the ordered briefing. Appearances: William Sudela, John Herrmann, Julia Edwards (Court Reporter: M. Capetillo) (Law Clerk: BES),, Appearances:John Herrmann. William R Sudela, Julia Emily Edwards.(Court Reporter: M. Capetillo), filed.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 40 NOTICE of Setting. Parties notified. Status Conference set for 9/15/2022 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 39 First DESIGNATION OF EXPERT WITNESS LIST by Bazan Painting Company, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 38
ORDER. Amended Pleadings due by 7/8/2022.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 37 Correspondence to Judge Ellison regarding proposed Scheduling/Docket Control Order by Theodore B. Brennan, Brentech, Inc., filed.(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 36
SCHEDULING/DOCKET CONTROL ORDER. ETT: 2 Days. Non-Jury. Amended Pleadings due by 6/3/2022. Joinder of Parties due by 6/3/2022 Pltf Expert Report due by 8/19/2022. Deft Expert Report due by 9/16/2022. Discovery due by 11/18/2022. Dispositive Motion Filing due by 2/6/2023. Non-Dispositive Motion Filing due by 2/6/2023. Joint Pretrial Order due by 5/1/2023. Trial set for 5/8/2023 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) [Transferred from Texas Southern on 11/1/2022.]
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| initial conference is cancelled. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 35 PROPOSED ORDER Scheduling/Docket Control Order, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 34 NOTICE of Setting. Parties notified. Initial Conference reset for 5/3/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 4/18/2022 on the Motion to Dismiss filed by Theodore B. Brennan (Doc. 8). The Court STAYED the Motion pending additional discovery. The parties are instructed to meet and confer to begin conducting additional discovery (both jurisdictional and merits-based, since the two bleed together at this point in time).. Appearances: William R Sudela, Julia Emily Edwards, Russell Erin Jumper.(Court Reporter: K. Miller)(Law clerk: J. Hutton), filed.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 33 NOTICE of Setting as to #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Motion Hearing set for 4/18/2022 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. TIME CHANGE. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 32 NOTICE of Setting as to #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Motion Hearing set for 4/18/2022 at 04:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 31 RESPONSE TO PLAINTIFF'S SUPPLEMENTAL STATUS REPORT AND BRIEF, filed by Theodore B. Brennan. (Attachments: #1 Appendix)(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 30 NOTICE of Setting. Parties notified. Initial Conference reset for 4/26/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 29
ORDER. Defendant Theodore B. Brennan is ORDERED to respond to the Supplemental Status Report by 3/14/2022.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 28 SUPPLEMENT to #26 Status Report by Bazan Painting Company, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 27
ORDER Granting #26 Status Report. Plaintiff shall have until February 21, 2022, to conduct limited discovery on the jurisdictional issue addressed in Brennans Motion to Dismiss. Plaintiff must file a supplemental Status Report containing any new information relevant to that Motion by that date. It is further ORDERED that the Courts final consideration of Brennans Motion to Dismiss is stayed until February 21, 2022.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 26 STATUS REPORT by Bazan Painting Company, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 25
ORDER to File a Status Report Status Report for Plaintiff due by 2/11/2022(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 24 Plaintiff's First Request for Admission, First Set of Interrogatories, and First Request for Production to Defendant, Theodore B. Brennan by Bazan Painting Company, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 23 NOTICE of Setting. Parties notified. Initial Conference reset for 3/18/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 22
ORDER granting #20 Motion for Continuance.(Signed by Judge Keith P Ellison) Parties notified.(JosephWells, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 21 PROPOSED ORDER Granting Unopposed Motion for Continuance re: #20 Unopposed MOTION for Continuance of Scheduling Conference, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 20 Unopposed MOTION for Continuance of Scheduling Conference by Bazan Painting Company, filed. Motion Docket Date 1/25/2022. (Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 19
ORDER (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 18 Joint PROPOSED ORDER re: #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. , filed.(Jumper, Russell) [Transferred from Texas Southern on 11/1/2022.] |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 12/21/2021 on the Motion to Dismiss filed by Theodore B. Brennan (Doc. 8). The Court initially stated that it would grant the Motion and dismiss the claim against Brennan under the CTFS without prejudice. However, the Court ultimately elected to GRANT the request from Bazan for limited jurisdictional discovery and GIVE Bazan 45 days to depose Brennan and conduct limited discovery on the jurisdictional issue. Consequently, final consideration of the Motion is STAYED until jurisdictional discovery is complete. A short formal order memorializing this ruling will follow. Appearances: William R Sudela, Julia Emily Edwards, Russell Erin Jumper.(Court Reporter: D. Smith)(Law clerk: J. Hutton), filed.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 17 NOTICE of Setting as to #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Motion Hearing set for 12/21/2021 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 16 REPLY to Response to #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Theodore B. Brennan. (Jumper, Russell) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 15 PROPOSED ORDER Denying Motion to Dismiss of Defendant Theodore B. Brennan re: #14 Response to Motion, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 14 RESPONSE to #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. filed by Bazan Painting Company. (Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 13 PROPOSED ORDER re: #12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. , filed.(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 12 MOTION to Dismiss #10 Amended Complaint/Counterclaim/Crossclaim etc. by Theodore B. Brennan, Brentech, Inc., filed. Motion Docket Date 11/16/2021. (Attachments: #1 Appendix)(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 11
ORDER denying as moot #8 Motion to Dismiss.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 10 First AMENDED COMPLAINT against All Defendants filed by Bazan Painting Company. (Attachments: #1 Affidavit Unsworn Declaration, #2 Exhibit Exhibit 1)(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 9 ANSWER to #1 State Court Petition/Notice of Removal by Brentech, Inc., filed.(Jumper, Russell) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 8 MOTION to Dismiss by Theodore B. Brennan, filed. Motion Docket Date 10/19/2021. (Attachments: #1 Proposed Order Proposed Order on Motion to Dismiss)(Jumper, Russell) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Bazan Painting Company, filed.(Sudela, William) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 6 NOTICE of Appearance by Russell E. Jumper on behalf of Theodore B. Brennan, Brentech, Inc., filed. (Jumper, Russell) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 5 NOTICE of Appearance by Julia Edwards on behalf of Theodore B. Brennan, Brentech, Inc., filed. (Edwards, Julia) [Transferred from Texas Southern on 11/1/2022.] |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2022 at 10:15 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(lgouadi, 4) [Transferred from Texas Southern on 11/1/2022.]
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| Filing 3 CORPORATE DISCLOSURE STATEMENT by Brentech, Inc., filed.(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 2 STATE COURT RECORDS by THEODORE B. BRENNAN, BRENTECH, INC., filed. (Attachments: #1 Exhibit Plaintiff's Original Petition, #2 Exhibit Return of Service on Brentech, Inc., #3 Exhibit State Court Docket Sheet, #4 Exhibit List of All Counsel of Record)(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
| Filing 1 NOTICE OF REMOVAL from County Court at Law No. 2 of Harris County, Texas, case number 1173607 (Filing fee $ 402 receipt number 0541-27074023) filed by THEODORE B. BRENNAN, BRENTECH, INC.. (Attachments: #1 Exhibit "A")(Ackal, Michael) [Transferred from Texas Southern on 11/1/2022.] |
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