TANNERS CREEK DEVELOPMENT, LLC et al v. TOMS et al
| ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, COMMERCIAL DEVELOPMENT CO., INC. and TANNERS CREEK DEVELOPMENT, LLC |
| SANDOR ENTERPRISES, LLC, JAMES B. TOMS, III, DORI B. SCHWEITZER, ARTHUR M. TOMS, STANCO EQUIPMENT CO., INC. and ATRC, LLC |
| ANDIS, LLC |
| JAINES, LLC |
| 4:2018cv00211 |
| November 15, 2018 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2019. A more recent docket listing may be available from PACER.
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Filing 57
ORDER Regarding Discovery Disputes. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 1/8/2019. (MAT)
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| Filing 56 BRIEF/MEMORANDUM in Support re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (O'Shea, Peter) |
| Filing 55 Summons Issued as to JAINES, LLC. (MAT) |
| Filing 54 Proposed Summons submitted for issuance by the clerk as to Jaines, LLC. (Stemerick, Jeffrey) |
| Filing 53 ANSWER to #1 Complaint , Affirmative Defenses filed by JAMES B. TOMS, III, ARTHUR M. TOMS, ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, THIRD PARTY COMPLAINT against JAINES, LLC, COUNTERCLAIM against ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, filed by ANDIS, LLC. (Attachments: #1 Exhibit A - Tanners, #2 Exhibit B - Jainesville, #3 Exhibit C - Picway)(Stemerick, Jeffrey) Modified on 1/3/2019 to correct docket text (MAT). |
| Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (O'Shea, Peter) |
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Filing 51
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Parties appeared by counsel on 12/13/2018 for an Initial Pretrial Conference. Dispositive Motions due by 11/6/2019. Discovery due by 9/18/2019. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 12/18/2018. (MAT)
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Filing 50
Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on December 13, 2018, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. The trial readiness month is July 2020. This case is set for a telephone status conference on March 15, 2019, at 10:00 a.m. (Eastern), with Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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Filing 49
ORDER granting #44 Motion to Appear pro hac vice. Attorney Robert K. McBride for ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III added. The court FURTHER ORDERS that Robert K. McBride register as a user of the court's electronic case filing system by December 27, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2018 (copy mailed to Atty McBride). (LBT)
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| Filing 48 Corporate Disclosure Statement by SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (O'Shea, Peter) |
| Filing 47 Corporate Disclosure Statement by COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Pieroni, Caroline) |
| Filing 46 Submission of Signed Exhibit A of Certification of Robert K. McBride in Support of #44 Motion to Appear Pro Hac Vice, filed by Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Cacioppo, Jayna) Modified on 12/12/2018 to add link to related motion (MAT). |
| Filing 44 MOTION for Attorney(s) Robert K. McBride to Appear pro hac vice (Filing fee $100, receipt number 0756-5189346), filed by Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Attachments: #1 Text of Proposed Order)(Cacioppo, Jayna) |
| Filing 43 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC . (Pieroni, Caroline) |
| Filing 42 NOTICE of Parties' First Extension of Time, filed by Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Cacioppo, Jayna) |
| Filing 41 Corporate Disclosure Statement by ANDIS, LLC, ATRC, LLC. (Cacioppo, Jayna) |
| Filing 40 NOTICE of Parties' First Extension of Time, filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Bont, Jonathan) |
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Filing 39
SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 12/13/2018 at 11:00 AM (Eastern Time), before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 12/4/2018. (MAT)
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| Filing 38 NOTICE of Filing of Redacted Versions of Appendix 1 and Exhibit C re #3 BRIEF/MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order by All Plaintiffs (Attachments: #1 Redacted Appendix 1 and Exhibit C) (Pieroni, Caroline) Modified on 12/4/2018 to add link to related document (MAT). |
| Filing 37 Minute Entry for hearing on Plaintiff's Motion for Preliminary Injunction held before Judge Sarah Evans Barker on 11/29/2018. Parties appeared in person and by counsel. Plaintiffs' counsel presented its evidence. Plaintiffs' counsel called Mike Roberts, Arthur Toms, Ray Scully and Dori Schweitzer as its witnesses. Plaintiffs' Exhibits 1 and 2 were admitted into evidence. The Court denies Plaintiffs' Preliminary Injunction. The temporary restraining order is dissolved. Court is adjourned. (Court Reporter Laura Howie-Walters.) (Attachments: #1 Witness & Exhibit List) (LDH) |
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Filing 36
ORDER granting #32 Motion to Substitute Attorney. Attorney Tracy Nicole Betz withdrawn. Signed by Judge Sarah Evans Barker on 11/29/2018. (LBT)
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Filing 35
ORDER granting #28 Motion to Appear pro hac vice. Attorney Brian S. Sullivan for COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, and TANNERS CREEK DEVELOPMENT, LLC added. Signed by Judge Sarah Evans Barker on 11/29/2018 (copy mailed to Atty Sullivan). (LBT)
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| Filing 34 RESPONSE in Opposition to Plaintiffs' Request for Preliminary Injunctive Relief, filed by Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Attachments: #1 Exhibit A - Affidavit of Dori Schweitzer, #2 Exhibit B - Affidavit of James Toms)(Cacioppo, Jayna) |
| Filing 33 RESPONSE in Opposition PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION TO FREEZE DEFENDANTS ASSETS, filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Attachments: #1 Exhibit Declaration Sandra K. Wyatt)(Bont, Jonathan) |
| Filing 32 MOTION to Substitute Attorney , filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Attachments: #1 Exhibit 1 - Appearance, #2 Text of Proposed Order)(Bont, Jonathan) |
| Filing 31 RECEIPT #IP062968 for Pro Hac filing fee in the amount of $100, paid by Brian Sullivan. (REO) |
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Filing 30
ORDER granting #20 Motion to Appear pro hac vice. Attorney Ashley M. Young for SANDOR ENTERPRISES, LLC and STANCO EQUIPMENT CO., INC. added. The court FURTHER ORDERS that Ashley M. Young register as a user of the court's electronic case filing system by December 10, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 11/26/2018 (copy mailed to Atty Young). (LBT)
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Filing 29
ORDER granting #19 Motion to Appear pro hac vice. Attorney Peter J. O'Shea for SANDOR ENTERPRISES, LLC and STANCO EQUIPMENT CO., INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 11/26/2018 (copy mailed to Atty O'Shea). (LBT)
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| Filing 28 MOTION for Attorney(s) Brian S. Sullivan to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Pieroni, Caroline) |
| Filing 27 NOTICE of Service of Process of ATRC, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC (Pieroni, Caroline) |
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Filing 26
ORDER granting #17 Motion for Leave to Depose. Plaintiff's motion for leave to take Defendant Dori B. Schweitzer's deposition on Wednesday, November 28, 2018, at 11 a.m., at the offices of Dinsmore & Shohl, LLP, 50 East Rivercenter Boulevard, Suite 1150, Covington, Kentucky 41011, or at another time or place agreed to by the parties prior Thursday, November 29, 2018, is hereby GRANTED. Signed by Judge Sarah Evans Barker on 11/26/2018. (LBT)
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| Filing 25 NOTICE of Appearance by Jeffrey D. Stemerick on behalf of Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Stemerick, Jeffrey) |
| Filing 24 NOTICE of Appearance by Vivek Randle Hadley on behalf of Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Hadley, Vivek) |
| Filing 23 NOTICE of Appearance by Jayna Morse Cacioppo on behalf of Defendants ANDIS, LLC, ATRC, LLC, DORI B. SCHWEITZER, ARTHUR M. TOMS, JAMES B. TOMS, III. (Cacioppo, Jayna) |
| Filing 22 AFFIDAVIT of Service for Summons in a Civil Action Motion to File Complaint, Motion for Temporary Restraining Order, Proposed Order; Verified Complaint served on Andis, LLC; Dori Schweitzer; Stanco Equipment Company, and Sandor Enterprises, LLC on 11/19/18 and 11/20/18, filed by All Plaintiffs. (Attachments: #1 Exhibit)(Pieroni, Caroline) |
| Filing 21 NOTICE Restraining Order Bond, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC (Pieroni, Caroline) |
| Filing 20 MOTION for Attorney(s) Ashley M. Young to Appear pro hac vice (Filing fee $100, receipt number 0756-5166579), filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Betz, Tracy) |
| Filing 19 MOTION for Attorney(s) Peter J. O'Shea to Appear pro hac vice (Filing fee $100, receipt number 0756-5166540), filed by Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Betz, Tracy) |
| Filing 18 NOTICE of Appearance by Tracy Nicole Betz on behalf of Defendants SANDOR ENTERPRISES, LLC, STANCO EQUIPMENT CO., INC.. (Betz, Tracy) |
| Filing 17 MOTION for Leave to Take Deposition, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Pieroni, Caroline) |
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Filing 16
ORDER granting #7 Motion to Appear pro hac vice. Attorney G. Luke Burton for COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, and TANNERS CREEK DEVELOPMENT, LLC added. The court FURTHER ORDERS that G. Luke Burton register as a user of the court's electronic case filing system by November 30, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 11/20/2018 (copy mailed to Atty Burton). (LBT)
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Filing 15
ORDER ON PLAINTIFFS' MOTION TO FILE COMPLAINT AND MOTION FOR TEMPORARY RESTRAINING ORDER UNDER SEAL - Plaintiffs' motion to file under seal is GRANTED. The Clerk is DIRECTED to UNSEAL the case EXCEPT for Appendix 1, appearing on the docket as Exhibit 1 to Docket Entry #3 and Exhibit 1 to Docket Entry #10 . Plaintiffs are ORDERED to file a redacted copy of Appendix 1 for the public record within FOURTEEN DAYS of the date of this order. See Fed. R. Civ. P. 5.2(a), (d), (f). See Order for details. Signed by Judge Sarah Evans Barker on 11/19/2018. (MAT)
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| Filing 14 SCHEDULING ENTRY: Hearing on Plaintiffs' Motion for Preliminary Injunction set for 11/29/2018 at 2:00 PM (Eastern Time) in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. PLEASE NOTE THE INDIANAPOLIS LOCATION OF THE HEARING.(copy mailed to plaintiffs' counsel)(LBT) |
| Filing 13 Summons Issued as to ANDIS, LLC, ATRC, LLC, SANDOR ENTERPRISES, LLC, DORI B. SCHWEITZER, STANCO EQUIPMENT CO., INC., ARTHUR M. TOMS, JAMES B. TOMS, III. (LBT) |
| Filing 12 Minute Entry for status conference held before Judge Sarah Evans Barker on 11/16/2018 re #2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs by counsel appeared. Defendants (or counsel for Defendants) did not appear. Plaintiffs' counsel informed the Court of the steps taken to effect service on the defendants regarding the documents filed in this matter including notice of this hearing. Plaintiffs' counsel was heard with respect to the imposition of a bond. The Court imposes a bond in the amount of $10,000. Plaintiffs were directed to keep the Court informed on the status of service. The Court set the preliminary injunction for hearing on November 29, 2018 at 2:00 p.m. in Room 216, U.S. Courthouse, Indianapolis, Indiana. Court was adjourned. (Court Reporter Laura Howie-Walters.) (LDH) |
| Filing 11 NOTICE of Appearance by Caroline L. Pieroni on behalf of Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (MAT) |
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Filing 10
ORDER granting #2 Plaintiff's Motion for TRO. Plaintiffs' counsel is DIRECTED to effect service of all filed documents, including the TRO, on Defendants immediately (this evening). The Court hereby sets a telephonic status conference for November 16,2018, at 11:00 a.m. All counsel are ORDERED to contact the Court at317-229-3600 and be prepared to discuss the request for injunctive relief, including imposition of a bond, if any. Signed by Judge Sarah Evans Barker on 11/15/2018. (Attachments: #1 Appendix 1) (LDH)
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| Filing 9 NOTICE to File Corporate Disclosure Statement to COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (LAB) (LBT) |
| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) |
| Filing 7 MOTION for Attorney G. Luke Burton to Appear pro hac vice (Filing fee $$100, receipt number NA003991), filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(LBT) |
| Filing 6 MOTION to File #1 Complaint and #2 MOTION for Temporary Restraining Order Under Seal, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order)(LBT) |
| Filing 5 Receipt of Manual Filing (1 CD Containing Exhibit B), filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (LBT) (LBT) |
| Filing 4 NOTICE of Manual Filing of Exhibit B to #3 Brief/Memorandum in Support of #2 MOTION for Temporary Restraining Order, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (LBT) |
| Filing 3 BRIEF/MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Appendix 1 - Defendant's Known Assets, #2 Exhibit A - Affidavit of Michael J. Roberts, #3 Exhibit B - August 23, 2018 Videotaped Interview with Defendant Artie Toms (Manually Filed), #4 Exhibit C - Correspondence with NRI)(LBT) |
| Filing 2 MOTION for Temporary Restraining Order, filed by Plaintiffs COMMERCIAL DEVELOPMENT CO., INC., ENVIROANALYTICS GROUP, LLC, INDUSTRIAL DEMOLITION, LLC, TANNERS CREEK DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order)(LBT) |
| Filing 1 COMPLAINT against ANDIS, LLC, ATRC, LLC, SANDOR ENTERPRISES, LLC, DORI B. SCHWEITZER, STANCO EQUIPMENT CO., INC., ARTHUR M TOMS, JAMES B. TOMS, III, filed by ENVIROANALYTICS GROUP, LLC, COMMERCIAL DEVELOPMENT CO., INC., TANNERS CREEK DEVELOPMENT, LLC, INDUSTRIAL DEMOLITION, LLC. (Filing fee $400, receipt number NA003991) (Attachments: #1 Civil Cover Sheet)(LBT) |
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