Allen et al v. Campbell et al
| Camp River Holding, LLC, Michael Allen, Camp Bench Holdings, LLC and Campbell Farms, Inc. |
| Campbell Contracting, Ltd. and Neil Campbell |
| 4:2019cv00046 |
| February 5, 2019 |
| US District Court for the District of Idaho |
| Ronald E Bush |
| B Lynn Winmill |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Defendant |
Docket Report
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This docket was last retrieved on March 1, 2019. A more recent docket listing may be available from PACER.
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Filing 36
MEMORANDUM DECISION AND ORDER. IT IS ORDERED:1. The Court's Order Granting Plaintiffs' Motion to Remand and for AttorneyFees and Costs (Dkt. #21 ) is VACATED IN PART. Based on the evidenceaccompanying Defendants' Amended Notice of Removal the Court will notgrant fees to Plaintiffs under 28 U.S.C. 1447(c).2. Plaintiffs' Motion for Attorney Fees (Dkt. #28 ) is DENIED AS MOOT.3. Plaintiffs' Motion to Remand for Attorney Fee and Costs Rule 11 Sanctions(Dkt. #31 ) is GRANTED IN PART AND DENIED IN PART. The CourtGRANTS the Motion to Remand but DENIES Plaintiffs' requests for costsor sanctions against Defendants.4. Plaintiffs' Motion to Expedite Decision on Motion to Remand (Dkt. #32 ) isDENIED AS MOOT. 5. This action is REMANDED to the Seventh Judicial District of the State of Idaho, in and for the County of Bonneville (Case No. CV10-19-0511). 6. The Clerk of the Court shall mail a certified copy of this Order to the Clerk of the aforesaid Idaho state court. Signed by Judge B. Lynn Winmill. (alw) Modified on 3/1/2019 to add order language (alw).
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| Filing 35 REPLY to Response to Motion re #31 MOTION to Remand for Attorney Fee and Costs Rule 11 Sanctions filed by Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc..Motion Ripe Deadline set for 2/28/2019. (Attachments: #1 Exhibit A)(Cather, Charles) |
| Filing 34 RESPONSE to Motion re #31 MOTION to Remand for Attorney Fee and Costs Rule 11 Sanctions filed by Neil Campbell, Campbell Contracting, Ltd.. Replies due by 3/13/2019.(Wilkinson, Dennis) |
| Filing 33 Defendants ANSWER to Complaint Plaintiff's Verified Amended by Neil Campbell, Campbell Contracting, Ltd..(Wilkinson, Dennis) |
| Filing 32 MOTION to Expedite Decision on Motion to Remand Charles Edward Cather, III appearing for Plaintiffs Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc.. Responses due by 3/15/2019 (Cather, Charles) |
| Filing 31 MOTION to Remand for Attorney Fee and Costs Rule 11 Sanctions Charles Edward Cather, III appearing for Plaintiffs Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc.. Responses due by 3/15/2019 (Attachments: #1 Affidavit)(Cather, Charles) |
| Filing 30 NOTICE of Change of Address by Charles Edward Cather, III (Cather, Charles) |
| Filing 29 AMENDED DOCUMENT by Neil Campbell, Campbell Contracting, Ltd.. Amendment to #1 Notice of Removal, of Action Under 28 U.S.C. Sec. 132, 1441 and 1446. (Wilkinson, Dennis) |
| Filing 28 MOTION for Attorney Fees Charles Edward Cather, III appearing for Plaintiff Michael Allen. Responses due by 3/14/2019 (Attachments: #1 Affidavit, #2 Memorandum in Support)(Cather, Charles) |
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Filing 27
ORDER. Defendants' Motions to Dismiss #25 and Motion to Strike #22 are both DENIED. In lieu of ruling on Defendants' Motion for Reconsideration (Dkt. #26 ), the Court invites Defendants to file an amended notice of removal if they believe they can cure the jurisdictional defect in the original notice of removal (Dkt. #1 ). Signed by Judge B. Lynn Winmill. (alw)
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| Filing 26 MOTION for Reconsideration re #21 Order,,, Terminate Motions,, Dennis Paul Wilkinson appearing for Defendants Neil Campbell, Campbell Contracting, Ltd.. Responses due by 3/12/2019 (Attachments: #1 Def. Brief in Support of Motion to Reconsider)(Wilkinson, Dennis) |
| Filing 25 MOTION to Dismiss Plaintiffs Camp Bench Holding and Camp River Holdings Pursuant to Federal Rule of Civil Procedure 21 Dennis Paul Wilkinson appearing for Defendants Neil Campbell, Campbell Contracting, Ltd.. Responses due by 3/12/2019 (Attachments: #1 Brief in Support of Def. Motion to Dismiss Pursuant to Fed Rule Civil Proc. 21)(Wilkinson, Dennis) |
| Filing 24 RESPONSE to Motion re #20 MOTION to Expedite Consideration of Motion to Remand filed by Neil Campbell, Campbell Contracting, Ltd.. Replies due by 3/5/2019.(Wilkinson, Dennis) |
| Filing 23 MEMORANDUM/BRIEF re #22 MOTION to Strike #19 Reply to Response to Motion, for Remand and for Award of Attorney Fees and Costs and in the Alternative for a TRO filed by Neil Campbell, Campbell Contracting, Ltd. . (Wilkinson, Dennis) |
| Filing 22 MOTION to Strike #19 Reply to Response to Motion, for Remand and for Award of Attorney Fees and Costs and in the Alternative for a TRO Dennis Paul Wilkinson appearing for Defendants Neil Campbell, Campbell Contracting, Ltd.. Responses due by 3/12/2019 (Wilkinson, Dennis) |
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Filing 21
ORDER. 1. Plaintiffs Motion to Remand and for attorney fees and costs (Dkt. #9 ) is GRANTED. This action is REMANDED to the Seventh Judicial District of theState of Idaho, in and for the County of Bonneville (Case No. CV10-19-0511).2. The Clerk of the Court shall mail a certified copy of this Order to the Clerk of the aforesaid Idaho state court.3. The Court retains jurisdiction in the matter for the sole purpose of determining the amount of fees and costs to be awarded to the Plaintiff.. Signed by Judge B. Lynn Winmill. (Mailed to Bonneville County District Court 605 N Capital Ave Idaho Falls, ID 83402)(alw)
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| Filing 20 MOTION to Expedite Consideration of Motion to Remand Charles Edward Cather, III appearing for Plaintiffs Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc.. Responses due by 3/7/2019 (Cather, Charles) |
| Filing 19 REPLY to Response to Motion re #9 MOTION to Remand and for attorney fees and costs, #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc..Motion Ripe Deadline set for 2/15/2019.(Cather, Charles) |
| Filing 18 RESPONSE to Motion re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Neil Campbell, Campbell Contracting, Ltd.. Replies due by 2/25/2019. (Attachments: #1 Exhibit Response Exhibits)(Wilkinson, Dennis) |
| Filing 17 DOCKET TEXT NOTICE: Per re-assignment (Doc. 15), the 2/14/19 hearing is VACATED before Judge Bush. (lc) |
| Filing 16 Docket entry only - CONSENT to Magistrate Judge filed. (alw) |
| Filing 14 DOCKET TEXT *AMENDED (clerical/correcting date) NOTICE of Hearing on Motion #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Video Motion Hearing set for 2/14/2019 2:00 PM MTN. in Video - Boise to Pocatello (Mountain Time) before Judge Ronald E. Bush. (lc) |
| Filing 13 DOCKET TEXT NOTICE of Hearing on Motion #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Video Motion Hearing set for 2/11/2019 2:00 PM (MTN.)in Video - Boise to Pocatello (Mountain Time) before Judge Ronald E. Bush. (lc) |
| Filing 12 Minute Entry for proceedings held before Judge Ronald E. Bush: Status Conference held on 2/8/2019. Call-in instructions contained in minute for Ms. Turner. (Court Reporter/ESR lcase.) Audio File Location Boise - Courtroom 7. (lc) |
| Filing 15 REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 4:19-cv-46-BLW(alw) |
| Filing 11 DOCKET ENTRY ORDER approving #8 Motion for Pro Hac Vice Appearance of attorney Veronica Saltz Turner for Neil Campbell,Veronica Saltz Turner for Campbell Contracting, Ltd. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Remand and for attorney fees and costs filed by Michael Allen.(Cather, Charles) |
| Filing 9 MOTION to Remand and for attorney fees and costs Charles Edward Cather, III appearing for Plaintiff Michael Allen. Responses due by 2/27/2019 (Cather, Charles) |
| Filing 8 MOTION FOR PRO HAC VICE APPEARANCE by Veroica Saltz Turner. ( Filing fee $ 250 receipt number 0976-1845074.)Dennis Paul Wilkinson appearing for Defendants Neil Campbell, Campbell Contracting, Ltd.. Responses due by 2/27/2019 (Wilkinson, Dennis) |
| Filing 7 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Neil Campbell, Campbell Contracting, Ltd., Campbell Farms, Inc. re #1 Notice of Removal. Consent/Objection to Magistrate due by 2/11/2019 at 5:00 p.m. (km) |
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Filing 5
NOTICE AND ORDER. Therefore, the Court HEREBY NOTICES/ORDERS that: A telephone conference between the parties counsel and the Court will take place onFebruary 8, 2019 at 10:30 a.m. If the Court decides to hold a hearing on Plaintiffs Motion for TRO following the conference, it is tentatively set for February 14, 2019 at 2:00 p.m. in Courtroom 7 at the United StatesFederal Courthouse in Boise, Idaho. Defendants shall respond to Plaintiffs Motion for TRO by 5:00 p.m. on February 11, 2019, not to exceed 20 pages. Plaintiffs shall submit a reply in support of their Motion for TRO by 5:00 p.m. on February 12, 2019, not to exceed 10 pages. The Clerk of the Court shall issue a Notice of Assignment to a United States Magistrate Judge and Consent Form immediately. The parties are directed to respond to the Notice of Assignment no later than February 11, 2019 at 5:00 p.m.. Signed by Judge Ronald E. Bush. (km)
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| Filing 4 Corporate Disclosure Statement by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis) |
| Filing 3 DEMAND for Trial by Jury by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis) |
| RETURN OF SERVICE/PROCESS ASSUMED EXECUTED - Neil Campbell served on 2/5/2019; Campbell Contracting, Ltd. served on 2/5/2019. (no service document on file, service assumed for internal reporting purpose only) (km) |
| Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction (Responses due by 2/26/2019).Charles Edward Cather, III appearing for Plaintiffs Michael Allen, Camp Bench Holdings, LLC, Camp River Holding, LLC, Campbell Farms, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Edward Cather in Support, #3 Declaration of Michael Allen in Support) (km) |
| Filing 2 Civil Cover Sheet re #1 Notice of Removal filed by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Bonneville County District, case number CV10-19-0511.(Filing fee $400 receipt number0976-1844331.), filed by All Defendants.(Wilkinson, Dennis) (Main Document 1 replaced on 2/6/2019) (km). (Additional attachment(s) added on 2/6/2019: #1 Complaint filed in Bonneville County, #2 Summons, #3 Motion for Ex Parte Restraining Order and Preliminary Injunction, #4 Bonneville County Court Docket Sheet) (km). |
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