Spoltore et al v. Triple 7 Commodities, Inc. et al
| Theodore M. Spoltore, Jeffrey Edwin Middeldorf, Susan Kathleen Middeldorf, Susan K. Middeldorf, Dr. Richard Levy, Dr. David J. Esposito, Dr. Santo R. Rodrigo, Tom Dunne, Dr. George J. Douthit and George J. Douthit, Jr. |
| Triple 7 Commodities, Inc., GME Mining & Reclamation Inc., Mountainside Coal Co., Inc. and Damian A. Caldwell |
| 6:2023cv00143 |
| August 4, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Defendant |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 FIRST ANSWER to #1 Complaint, by Damian A. Caldwell.(Jorjani, David) |
| Filing 26 FIRST ANSWER to #1 Complaint, by Triple 7 Commodities, Inc..(Jorjani, David) |
| Filing 25 FIRST ANSWER to #1 Complaint, by Mountainside Coal Co., Inc..(Jorjani, David) |
| Filing 24 FIRST MOTION to Dismiss for Lack of Jurisdiction by Triple 7 Commodities, Inc. (Attachments: #1 Exhibit Residence Table, #2 Proposed Order)(Jorjani, David) |
| Filing 23 FIRST MOTION to Dismiss for failure to state a claim by Mountainside Coal Co., Inc. (Attachments: #1 Proposed Order)(Jorjani, David) |
Filing 22
ORDER FOR MEETING AND REPORT: 1. WITHIN 21 DAYS, parties shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. WITHIN 14 DAYS of meeting, parties shall file a joint status report containing: see items a-e. 3. If parties propose a deadline for dispositive motions to be filed that is more than 1 year from date joint status report required by paragraph 2 is filed, they SHALL specifically describe the basis for the length of proposed schedule with sufficient detail for the Court to assess that schedule and its progression, including in particular the discovery and dispositive motions deadlines. If such basis and detail is not provided, the Court will shorten the timeline provided by the parties. Signed by Magistrate Judge Hanly A. Ingram on 09/29/2023.(JCP)cc: COR
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| Filing 21 ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against Damian A. Caldwell, Mountainside Coal Co., Inc., Triple 7 Commodities, Inc. by GME Mining & Reclamation Inc..(Hostettler, R.) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by GME Mining & Reclamation Inc. , MOTION to Quash by GME Mining & Reclamation Inc. (Attachments: #1 Exhibit Exhibit 1 - summons with certified mail card, #2 Exhibit Exhibit 2 - secretary of state records, #3 Exhibit Exhibit 3 - Affidavit of Gladys Edwards, #4 Proposed Order)(Hostettler, R.) |
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Filing 19
ORDER re #16 FIRST MOTION for Extension of Time to File Answer by Damian A. Caldwell filed by Damian A. Caldwell: For any Defendant now before the Court, the deadline to Answer or file a responsive pleading shall be 9/29/2023. The Court will not grant additional extensions for such parties. Signed by Judge Robert E. Wier on 9/18/2023. (APR) cc: COR
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| Filing 18 RESPONSE to Motion re #16 FIRST MOTION for Extension of Time to File Answer by Damian A. Caldwell and Doc. 17 filed by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust). (Attachments: #1 Proposed Order Proposed Order & Certificate of Service)(McClain, Michael) |
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Filing 17
ORDER: Plaintiffs to respond to DE #16 by SEPT. 15, 2023. Deadline for responsive pleadings will be cont. pending resolution of DE 16. Signed by Judge Robert E. Wier on 9/11/2023.(JCP)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #16 FIRST MOTION for Extension of Time to File Answer by Damian A. Caldwell (JCP) |
| Filing 16 FIRST MOTION for Extension of Time to File Answer by Damian A. Caldwell Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Jorjani, David) |
| Set/Reset Deadlines: Answers due 9/8/2023 (JCP) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #14 JOINT MOTION for Extension of Time to File Answer re #1 Complaint, by George J. Douthit, Jr, Tom Dunne, David J. Esposito, Richard Levy, Jeffrey Edwin Middeldorf, Susan Kathleen Middeldorf, Susan K. Middeldorf, Santo R. Rodrigo, Theodore M. Spol (JCP) |
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Filing 15
ORDER: Court GRANTS DE #14 . Defs SHALL have until SEPT 8, 2023 to file their answers or responsive pleadings. Signed by Judge Robert E. Wier on 09/01/2023.(JCP)cc: COR
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| Filing 14 JOINT MOTION for Extension of Time to File Answer re #1 Complaint, by George J. Douthit, Jr, Tom Dunne, David J. Esposito, Richard Levy, Jeffrey Edwin Middeldorf, Susan Kathleen Middeldorf, Susan K. Middeldorf, Santo R. Rodrigo, Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust), Theodore M. Spoltore(individually) Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(McClain, Michael) |
| Filing 13 Summons Returned Executed by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) as to GME Mining & Reclamation Inc. served on 8/16/2023, answer due 9/6/2023. (McClain, Michael) |
| Filing 12 Summons Returned Executed by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) as to Mountainside Coal Co., Inc. served on 8/15/2023, answer due 9/5/2023. (McClain, Michael) |
| Filing 11 Summons Returned Executed by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) as to Triple 7 Commodities, Inc. served on 8/14/2023, answer due 9/5/2023. (McClain, Michael) |
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Filing 10
ORDER: Court HEREBY GRANTS Plaintiffs motion (D.E. #9 ) to admit Beverly Weiss Manne to appear pro hac vice. Signed by Magistrate Judge Hanly A. Ingram on 08/15/2023. (JCP)cc: COR
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| Filing 9 MOTION for Leave by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) Appearance Pro Hac Vice Beverly Weiss Manne (AKYEDC-5624344) Motions referred to Hanly A. Ingram. (Attachments: #1 Attachment Declaration, #2 Attachment Certification of Good Standing, #3 Proposed Order Proposed Order)(McClain, Michael) |
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Filing 8
ORDER: granting #6 Motion to Appear Pro Hac Vice for Michael A. Shiner; granting #7 Motion to Appear Pro Hac Vice for Maribeth Thomas. Signed by Magistrate Judge Hanly A. Ingram on 08/15/2023. (JCP)cc: COR
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| Filing 7 MOTION for Maribeth Thomas to Appear Pro Hac Vice by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) ( Filing fee $125; receipt number AKYEDC-5624940)Motions referred to Hanly A. Ingram. (Attachments: #1 Attachment Declaration, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(McClain, Michael) |
| Filing 6 MOTION for Michael A. Shiner to Appear Pro Hac Vice by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) ( Filing fee $125; receipt number AKYEDC-5624931)Motions referred to Hanly A. Ingram. (Attachments: #1 Attachment Declaration, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(McClain, Michael) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Beverly Weiss Manne: re #10 Order on Motion for Leave. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Beverly Weiss Manne (JCP) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #9 MOTION for Leave by Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust) Appearance Pro Hac Vice Beverly Weiss Manne (AKYEDC-5624344) (JCP) |
| BAR STATUS Check completed as to Michael A. Shiner, Maribeth Thomas. (JCP) |
| BAR STATUS Check completed as to Beverly Weiss Manne. (JCP) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Maribeth Thomas: re #8 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Maribeth Thomas (JCP) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Michael A. Shiner: re #8 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Michael A. Shiner (JCP) |
| Filing 5 Summons Issued as to Damian A. Caldwell, GME Mining & Reclamation Inc., Mountainside Coal Co., Inc., Triple 7 Commodities, Inc. and returned to counsel electronically for service. (Attachments: #1 Summons - Mountainside Coal Co., Inc., #2 Summons - GME Mining & Reclamation Inc., #3 Summons - Damian A. Caldwell)(APR) |
| Filing 4 NOTICE OF FILING by George J. Douthit, Jr, Tom Dunne, David J. Esposito, Richard Levy, Jeffrey Edwin Middeldorf, Susan Kathleen Middeldorf, Susan K. Middeldorf, Santo R. Rodrigo, Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust), Theodore M. Spoltore(individually) re #1 Complaint, (Attachments: #1 Summons Triple 7 Commodities, #2 Summons Mountainside Coal, #3 Summons GME Mining & Reclamation, #4 Summons Damian A Caldwell)(McClain, Michael) |
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Filing 3
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. (KJA)cc: COR
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| NOTICE OF DEFICIENCY TO Gary Cain re #1 Complaint, attorney notifiedclerk the summons should be returned via electronically; however, aprepared summons was not attached to the electronic filing of the complaint inthe fictitious miscellaneous case number #23 -99999. A summons may beissued by presenting the prepared summons to the Clerk for issuance onpaper or by electronically filing a document entitled Notice of Filing with theprepared summons as an attachment within 7 calendar days. cc: COR (KJA) |
| Filing 1 COMPLAINT. ( Filing fee $402; receipt number AKYEDC-5618148), filed by Richard Levy, Jeffrey Edwin Middeldorf, David J. Esposito, Tom Dunne, Theodore M. Spoltore(being sued as the Theodore M. Spoltore Living Trust), Santo R. Rodrigo, Theodore M. Spoltore(individually), Susan Kathleen Middeldorf, George J. Douthit, Susan K. Middeldorf. (Attachments: #1 Exhibit A - Promissory Notes, #2 Exhibit B - Factor Agreements)(KJA) Modified text on 8/7/2023 (KJA). |
| Conflict Check run. (KJA) |
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