Central Jersey Construction Equipment Sales, LLC v. LBX Company LLC
Plaintiff: Central Jersey Construction Equipment Sales, LLC
Defendant: LBX Company, LLC
Case Number: 5:2021cv00203
Filed: July 23, 2021
Court: US District Court for the Eastern District of Kentucky
Office: Lexington Office
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #21 Notice to Attorney (KM)
September 15, 2021 Filing 32 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Central Jersey Construction Equipment Sales, LLC. (Schaefer, Christopher)
September 7, 2021 Opinion or Order Filing 31 ORDER: The Court GRANTS the #30 MOTION for Extension of Time to File Response/Reply. Plaintiff shall respond to #23 MOTION to Dismiss for failure to state a claim on or before 10/8/2021, with normal reply time to follow. Signed by Judge Robert E. Wier on 9/7/2021.(KM)cc: COR
September 5, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #30 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss for failure to state a claim by LBX Company, LLC by Central Jersey Construction Equipment Sales, LLC UNOPPOSED (STC)
September 3, 2021 Filing 30 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss for failure to state a claim by LBX Company, LLC by Central Jersey Construction Equipment Sales, LLC UNOPPOSED Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Schaefer, Christopher)
September 1, 2021 Filing 29 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Christopher E. Schaefer. #28 Notice of Appearance has been filed by Central Jersey Construction Equipment Sales, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KM)
August 31, 2021 Filing 28 NOTICE of Appearance by Christopher E. Schaefer on behalf of Central Jersey Construction Equipment Sales, LLC (Schaefer, Christopher)
August 30, 2021 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #26 Letter (KM)
August 25, 2021 Opinion or Order Filing 27 ORDER: pla SHALL ensure an appearance of counsel w/in 7 day; pla's response to dft's #23 MOTION to Dismiss for failure to state a claim is due w/in 14 days; failure to comply will result in consideration of adverse action by default. Signed by Judge Robert E. Wier on 8/25/21.(KJR)cc: CORand Edward F. Bezdecki by US Mail
August 25, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #23 MOTION to Dismiss for failure to state a claim by LBX Company, LLC (KJR)
August 9, 2021 Filing 26 Letter from Edward F. Bezdecki, Esq. to Court re #21 Notice to Attorney. (JER) Modified on 8/30/2021 (KM).
August 3, 2021 Filing 25 NOTICE by LBX Company, LLC OF WITHDRAWAL AND SUBSTITUTION OF OF COUNSEL (Barrera, Elizabeth)
August 3, 2021 Filing 24 NOTICE by LBX Company, LLC re #23 MOTION to Dismiss for failure to state a claim by LBX Company, LLC (Morgan, Grahmn)
August 3, 2021 Filing 23 MOTION to Dismiss for failure to state a claim by LBX Company, LLC (Attachments: #1 Proposed Order)(Morgan, Grahmn)
July 23, 2021 Filing 22 NOTICE TO ATTORNEY Joshua M. Link by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KM)
July 23, 2021 Filing 21 NOTICE TO ATTORNEY Edward F. Bezdecki by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KM)
July 23, 2021 Opinion or Order Filing 19 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier.. Signed by Judge Robert E. Wier.(STC)cc: COR
July 23, 2021 Filing 17 CASE TRANSFERRED IN from District of New Jersey. Case number 3:20-cv-19784. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
July 23, 2021 Conflict Check run. (STC)
July 21, 2021 Opinion or Order Filing 16 MEMORANDUM ORDER denying as moot #5 Motion to Dismiss and granting #6 Motion to Transfer Case to the United States District Court for the Eastern District of Kentucky. Signed by Judge Michael A. Shipp on 07/21/2021. (jdb) [Transferred from njd on 7/23/2021.]
February 9, 2021 Filing 15 REPLY to Response to Motion filed by LBX COMPANY LLC re #5 MOTION to Dismiss , Certificate of Service, #6 MOTION to Transfer Case to United States District Court for the Eastern District of Kentucky , Certificate of Service (Attachments: #1 Exhibit A - Exhibit of Christopher Wise)(LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
January 25, 2021 Opinion or Order Filing 14 LETTER ORDER granting Defendants' request to adjourn the current motion date for the #5 Motion to Dimiss to 2/16/2021. Signed by Judge Michael A. Shipp on 1/25/2021. (jmh) [Transferred from njd on 7/23/2021.]
January 25, 2021 Reset Deadlines as to #5 MOTION to Dismiss , Certificate of Service. Motion set for 2/16/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from njd on 7/23/2021.]
January 22, 2021 Filing 13 Letter from Joshua M. Link on behalf of Defendant LBX Company LLC re #11 Memorandum in Opposition of Motion,. (LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
January 22, 2021 Filing 12 Exhibits and Certificate of Service to #11 Plaintiff's Memorandum of Law in Opposition to Defendant's LBX Company LLC's 5 Motion to Dismiss, and to Remand Case to Ocean County Superior Court Ocean County filed by CENTRAL JERSEY CONSTRUCTION EQUIPMENT SALES, LLC. (Attachments: #1 Certificate of Service)(jmh) [Transferred from njd on 7/23/2021.]
January 22, 2021 Filing 11 Plaintiff's Memorandum of Law in Opposition to Defendant's LBX Company LLC's #5 Motion to Dismiss, and to Remand Case to Ocean County Superior Court Ocean County filed by CENTRAL JERSEY CONSTRUCTION EQUIPMENT SALES, LLC (Edward F. Bezdecki) (jmh) [Transferred from njd on 7/23/2021.]
January 22, 2021 Filing 10 Notice to EDWARD F. BEZDECKI re mandatory eFiling. (jmh) [Transferred from njd on 7/23/2021.]
January 20, 2021 Filing 9 Notice of Request by Pro Hac Vice Grahmn N. Morgan to receive Notices of Electronic Filings. (LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
January 20, 2021 Pro Hac Vice counsel, GRAHMN N. MORGAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb) [Transferred from njd on 7/23/2021.]
January 18, 2021 Opinion or Order Filing 8 LETTER ORDER granting Plaintiff's request to adjourn the motions to the next motion date. Signed by Judge Michael A. Shipp on 1/15/2021. (jmh) [Transferred from njd on 7/23/2021.]
January 18, 2021 Reset Deadlines as to #6 MOTION to Transfer Case to United States District Court for the Eastern District of Kentucky , Certificate of Service, #5 MOTION to Dismiss , Certificate of Service. Motion set for 2/1/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from njd on 7/23/2021.]
January 15, 2021 Filing 7 Letter to Judge Shipp requesting an adjournment of the 1/19/2021 motion date filed by Edward Bezdecki. (jmh) [Transferred from njd on 7/23/2021.]
January 14, 2021 Pro Hac Vice fee as to Grahmn N Morgan: $ 150, receipt number CAM012073 (rss, ) [Transferred from njd on 7/23/2021.]
December 23, 2020 Filing 6 MOTION to Transfer Case to United States District Court for the Eastern District of Kentucky , Certificate of Service by LBX COMPANY LLC. (Attachments: #1 Text of Proposed Order, #2 Brief)(LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
December 23, 2020 Filing 5 MOTION to Dismiss , Certificate of Service by LBX COMPANY LLC. Responses due by 1/5/2021 (Attachments: #1 Text of Proposed Order, #2 Brief)(LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
December 23, 2020 Opinion or Order Filing 4 ORDER granting leave to appear pro hac vice as to Grahmn N. Morgan Signed by Magistrate Judge Douglas E. Arpert on 12/23/2020. (jmh) [Transferred from njd on 7/23/2021.]
December 23, 2020 Set Deadlines as to #6 MOTION to Transfer Case to United States District Court for the Eastern District of Kentucky , Certificate of Service, #5 MOTION to Dismiss , Certificate of Service. Motion set for 1/19/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb, ) [Transferred from njd on 7/23/2021.]
December 22, 2020 Filing 3 Proposed Order re: Admission of Grahmn N. Morgan, Esq., Pro Hac Vice by LBX COMPANY LLC. (Attachments: #1 Text of Proposed Order, #2 Certification of Grahmn N. Morgan, Esq., #3 Certification of Joshua M. Link, Esq.)(LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
December 18, 2020 Filing 2 Corporate Disclosure Statement by LBX COMPANY LLC identifying S.C.M. (America), Inc. as Corporate Parent.. (LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
December 18, 2020 Filing 1 NOTICE OF REMOVAL by LBX COMPANY LLC , Certificate of Service from Superior Court of Ocean County, NJ, case number OCN L 002592 20. ( Filing and Admin fee $ 402 receipt number ANJDC-11844290), filed by LBX COMPANY LLC. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Certified Mail Tracking Information, #3 Exhibit C - State Court Notice of Removal)(LINK, JOSHUA) [Transferred from njd on 7/23/2021.]
December 18, 2020 Judge Michael A. Shipp and Magistrate Judge Douglas E. Arpert added. (mg) [Transferred from njd on 7/23/2021.]

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Plaintiff: Central Jersey Construction Equipment Sales, LLC
Represented By: Edward F. Bezdecki
Represented By: John W. Bilby
Represented By: Christopher E. Schaefer
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Defendant: LBX Company, LLC
Represented By: Grahmn Morgan
Represented By: Joshua M. Link
Represented By: Elizabeth C. Barrera
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