Allen et al v. Campbell et al
Plaintiff: Camp River Holding, LLC, Michael Allen, Camp Bench Holdings, LLC and Campbell Farms, Inc.
Defendant: Campbell Contracting, Ltd. and Neil Campbell
Case Number: 4:2019cv00046
Filed: February 5, 2019
Court: US District Court for the District of Idaho
Presiding Judge: Ronald E Bush
Referring Judge: B Lynn Winmill
Nature of Suit: Contract: Other
Cause of Action: 28:1330
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2019 Opinion or Order 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).
February 27, 2019 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)
February 27, 2019 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)
February 27, 2019 Filing 33 Defendants ANSWER to Complaint Plaintiff's Verified Amended by Neil Campbell, Campbell Contracting, Ltd..(Wilkinson, Dennis)
February 22, 2019 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)
February 22, 2019 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)
February 22, 2019 Filing 30 NOTICE of Change of Address by Charles Edward Cather, III (Cather, Charles)
February 22, 2019 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)
February 21, 2019 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)
February 20, 2019 Opinion or Order 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)
February 19, 2019 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)
February 19, 2019 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)
February 19, 2019 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)
February 19, 2019 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)
February 19, 2019 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)
February 19, 2019 Opinion or Order 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)
February 14, 2019 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)
February 14, 2019 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)
February 11, 2019 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)
February 8, 2019 Filing 17 DOCKET TEXT NOTICE: Per re-assignment (Doc. 15), the 2/14/19 hearing is VACATED before Judge Bush. (lc)
February 8, 2019 Filing 16 Docket entry only - CONSENT to Magistrate Judge filed. (alw)
February 8, 2019 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)
February 8, 2019 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)
February 8, 2019 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)
February 7, 2019 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)
February 7, 2019 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)
February 6, 2019 Filing 10 MEMORANDUM in Support re #9 MOTION to Remand and for attorney fees and costs filed by Michael Allen.(Cather, Charles)
February 6, 2019 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)
February 6, 2019 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)
February 6, 2019 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)
February 6, 2019 Opinion or Order 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)
February 6, 2019 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)
February 6, 2019 Filing 4 Corporate Disclosure Statement by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis)
February 6, 2019 Filing 3 DEMAND for Trial by Jury by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis)
February 5, 2019 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)
February 5, 2019 Filing 2 Civil Cover Sheet re #1 Notice of Removal filed by Neil Campbell, Campbell Contracting, Ltd.. (Wilkinson, Dennis)
February 5, 2019 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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Search for this case: Allen et al v. Campbell et al
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Defendant: Campbell Contracting, Ltd.
Represented By: Dennis Paul Wilkinson
Represented By: Veronica Saltz Turner
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Defendant: Neil Campbell
Represented By: Dennis Paul Wilkinson
Represented By: Veronica Saltz Turner
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Plaintiff: Camp River Holding, LLC
Represented By: Charles Edward Cather, III
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Plaintiff: Michael Allen
Represented By: Charles Edward Cather, III
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Plaintiff: Camp Bench Holdings, LLC
Represented By: Charles Edward Cather, III
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Plaintiff: Campbell Farms, Inc.
Represented By: Charles Edward Cather, III
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