An Udder Sensation II, LLC v. Indiana Beach Holdings LLC
Plaintiff: An Udder Sensation and An Udder Sensation II, LLC
Counter Claimant: Indiana Beach Holdings LLC
Case Number: 4:2023cv00054
Filed: June 20, 2023
Court: US District Court for the Northern District of Indiana
Presiding Judge: John E Martin
Referring Judge: Theresa L Springmann
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2023 Opinion or Order Filing 22 RESPONSE by Indiana Beach Holdings LLC to #21 Affidavit for Remand Fees. (Hearn, Edward)
August 16, 2023 Opinion or Order Filing 21 AFFIDAVIT re #20 Order Remanding Case to State Court,,,, Terminate Motions,,,, Set Deadlines,,, by An Udder Sensation II, LLC. (Attachments: #1 Exhibit A - Invoice)(Stupich, David)
August 4, 2023 Opinion or Order Filing 20 OPINION AND ORDER: The Court hereby GRANTS the Plaintiffs Motion to Remand #15 and ORDERS the Defendant Indiana Beach Holdings LLC to pay the Plaintiff An Udder Sensation, LLC its costs and actual expenses, including attorney fees, incurred as a result of the removal in an amount to be determined by the Court. The Clerk of Court is directed to remand this matter to the White County, Indiana, Superior Court. The Court ORDERS the Plaintiff to FILE, on or before 8/21/2023, a properly supported statement of its costs and actual expenses, including attorney fees, incurred as a result of the removal of this action. Signed by Judge Theresa L Springmann on 08/04/2023. (Certified copy of Order and Docket Sheet sent to Clerk White County Superior Court) (sej) Modified on 8/7/2023 to change mailing location (sej).
August 1, 2023 Opinion or Order Filing 19 ORDER: The parties submitted a proposed discovery schedule, and pursuantto Federal Rule of Civil Procedure 16(b) the Court must issue a scheduling order. Upon review of the report, the Court hereby ORDERS: Plaintiff's deadline to seek leave to amend the pleadings is 10/6/2023; Defendant's deadline to seek leave to amend the pleadings is 11/10/2023; The deadline to complete all fact discovery is 5/17/2024; Plaintiff's expert witness disclosures and reports are to be provided to Defendant by 1/5/2024; Defendant's expert witness disclosures and reports are to be provided to Plaintiff by 2/9/2024; Rule 26(e) supplements are due by 3/8/2024; The deadline to complete all expert discovery is 4/12/2024;The deadline for parties to review and return either the consent to or the declination of the exercise of jurisdiction by a United States Magistrate Judge is extended to 8/22/2023. The Court VACATES the Preliminary PretrialConference currently scheduled for 8/3/2023. Signed by Magistrate Judge John E Martin on 8/1/2023.(mrm)
July 27, 2023 Opinion or Order Filing 18 REPORT of Rule 26(f) Planning Meeting. (Farris, Kyle)
July 27, 2023 Opinion or Order Filing 17 REPLY to Response to Motion re #15 MOTION to Remand to State Court filed by An Udder Sensation II, LLC. (Attachments: #1 Exhibit 3 - Secretary of State Certificate of Organization of Indiana Beach Holdings LLC)(Stupich, David)
July 20, 2023 Opinion or Order Filing 16 RESPONSE to Motion re #15 MOTION to Remand to State Court filed by Indiana Beach Holdings LLC. (Attachments: #1 Exhibit A)(Hearn, Edward)
July 6, 2023 Opinion or Order Filing 15 MOTION to Remand to State Court by Plaintiff An Udder Sensation II, LLC, Counter Defendant An Udder Sensation II, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Stupich, David)
June 28, 2023 Opinion or Order Filing 14 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb)
June 28, 2023 Opinion or Order Filing 13 ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 8/3/2023 12:00 PM Central before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 7/28/2023. Signed by Magistrate Judge John E Martin on 6/28/2023. (smb)
June 28, 2023 Opinion or Order Filing 12 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 6/28/2023. (smb)
June 23, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Andrew A Heisz on behalf of An Udder Sensation II, LLC (Heisz, Andrew)
June 23, 2023 Opinion or Order Filing 10 Corporate Disclosure Statement by An Udder Sensation II, LLC. (Stupich, David)
June 23, 2023 Opinion or Order Filing 9 NOTICE of Appearance by David Matthew Stupich on behalf of An Udder Sensation II, LLC (Stupich, David)
June 21, 2023 Opinion or Order Judge Theresa L Springmann and Magistrate Judge John E Martin added. **NEW CASE** (ash)
June 20, 2023 Opinion or Order Filing 4 Corporate Disclosure Statement by Indiana Beach Holdings LLC identifying Other Affiliate Alexander Staples, Other Affiliate Gene Staples for Indiana Beach Holdings LLC.. (Farris, Kyle)
June 20, 2023 Opinion or Order Filing 3 NOTICE of Appearance by Kyle Joseph Farris on behalf of Indiana Beach Holdings LLC (Farris, Kyle)
June 20, 2023 Opinion or Order Filing 2 NOTICE of Appearance by Edward W Hearn on behalf of Indiana Beach Holdings LLC (Hearn, Edward)
June 20, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5275627.) from White County Superior Court, Cause No. 91D01-2212-CT-000029, filed by Indiana Beach Holdings LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Exhibit State Filings)(Hearn, Edward)

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Plaintiff: An Udder Sensation
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Plaintiff: An Udder Sensation II, LLC
Represented By: Andrew A Heisz
Represented By: David Matthew Stupich
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Counter claimant: Indiana Beach Holdings LLC
Represented By: Kyle Joseph Farris
Represented By: Edward W Hearn
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