McMahan Holdings, LLC et al v. Tire Discounters, Inc.
| McMahan Holdings, LLC and McMahan Group, LLC |
| Tire Discounters, Inc. |
| 3:2013cv01141 |
| November 13, 2013 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| David J Hale |
| Colin H Lindsay |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 5, 2016. A more recent docket listing may be available from PACER.
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Filing 56
ORDER by Judge David J. Hale on 8/5/2016; ORDERED that this action stands DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and is STRICKEN from the Courts active docket.cc:counsel (ARM)
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| Filing 55 STIPULATION of Dismissal by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
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Filing 54
ORDER by Judge David J. Hale on 6/2/2016; re #53 Status Report filed by Tire Discounters, Inc. -- ORDERED that the case shall remain STAYED until September 1, 2016. On or before September 1, 2016, the parties shall either file an agreed order of dismissal with prejudice or file another joint status reportcc:counsel (ARM)
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| Filing 53 STATUS REPORT of the Parties by Tire Discounters, Inc.. (Razzano, Robert) |
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Filing 52
ORDER by Judge David J. Hale on 3/15/2016; In light of the parties ongoing efforts to finalize settlement in this case, (see Docket No. 51), and the Court being otherwise sufficiently advised, it is hereby ORDERED that the case shall remain STAYED until June 1, 2016. On or before June 1, 2016, the parties shall either file an agreed order of dismissal with prejudice or file another joint status report.cc:counsel (ARM)
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| Schedules Status Report due by 6/1/2016. --per order. (ARM) |
| Filing 51 STATUS REPORT of the Parties by Tire Discounters, Inc.. (Razzano, Robert) |
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Filing 50
ORDER by Judge David J. Hale on 1/13/2016; re #48 Order Staying Case, The case is STAYED for an additional 60 days from the date of entry of this Order. At the conclusion of the stay, the parties shall either file an agreed order of dismissal or file a joint status report informing the Court about what steps remain to complete settlement cc:counsel (ARM)
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| Filing 49 STATUS REPORT of the Parties by Tire Discounters, Inc.. (Razzano, Robert) |
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Filing 48
ORDER by Judge David J. Hale on 11/16/2015; The case is STAYED for 60 days from the date of entry of this Order. At the conclusion of the stay, the parties shall either file an agreed order of dismissal or file a joint status report informing the Court about what steps remain to complete settlement. cc:counsel (JBM)
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Filing 47
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 11/13/2015. The Court orders that the Settlement Report and Recommendation 45 be stricken from the record and replaced by the Corrected Settlement Report and Recommendation #46 . This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH) Modified on 11/13/2015 (AEH).
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| Filing 46 CORRECTED SETTLEMENT REPORT AND RECOMMENDATION by Magistrate Judge Colin H. Lindsay on 11/13/2015: The parties were able to reach a tentative agreement for the resolution of all claims. The Magistrate Judge recommends that this action be stayed and that the parties file an agreed order of dismissal within ten (10) days of the subject closing. The Magistrate Judge further recommends that the parties file a joint status report in sixty (60) days to inform the Court what steps, if any, remain to ensure completion of the terms of the settlement agreement. cc:counsel (JBM) |
| Filing 45 STRICKEN DOCUMENT. Stricken from record pursuant to DN 47. Modified on 11/13/2015 (AEH). |
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Filing 44
ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 10/30/2015; Settlement Conference set for 11/10/2015 at 10:00 AM in chambers before Magistrate Judge Colin H. Lindsay. cc:counsel (JBM)
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Filing 43
ORDER (EBOC) for proceedings held before Magistrate Judge Colin H. Lindsay: Telephone Conference held on 10/28/2015. Settlement Conference set for 11/10/2015 at 10:00 AM in chambers before Magistrate Judge Colin H. Lindsay. cc:counsel (JBM)
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Filing 42
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 10/1/2015; this matter is scheduled for a telephonic status conference 10/28/2015 02:30 PM before Magistrate Judge Colin H. Lindsay. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 41
ORDER denying as moot #35 Motion for Trial. The parties are hereby directed to jointly contact the chambers of United States Magistrate Judge Colin H. Lindsay for purposes of completing a final schedule in this case, to include further settlement conferences and a trial date. Signed by Judge David J. Hale on 9/24/2015. cc: Counsel(JBM)
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Filing 40
MEMORANDUM OPINION AND ORDER: Tire Discounters's motion #25 for summary judgment is GRANTED IN PART and DENIED IN PART; McMahan's motion #28 for summary judgment is DENIED. Signed by Judge David J. Hale on 9/24/2015. cc: Counsel(JBM)
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| Filing 39 SETTLEMENT REPORT for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 5/5/2015. Magistrate Judge may conduct another settlement conference if the parties are unable to come to an agreement to settle their claims in this matter within sixty days. cc:counsel (TLG) |
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Filing 38
ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 4/16/15; Settlement Conference set for 5/5/2015 09:30 AM in chambers before Magistrate Judge Colin H. Lindsay. COUNSEL ARE DIRECTED TO REVIEW THE ENTIRETY OF THIS SETTLEMENT CONFERENCE ORDER AND ADDENDUM IN DETAIL.cc:counsel (TLG)
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Filing 37
Order for proceedings held before Judge David J. Hale: Motion Hearing held on 4/1/2015 re #28 MOTION for Summary Judgment filed by McMahan Holdings, LLC, McMahan Group, LLC, #25 MOTION for Summary Judgment filed by Tire Discounters, Inc. The parties agreed to discuss a potential settlement conference before Judge Lindsay. Accordingly, the parties are hereby ORDERED to contact Judge Lindsays chambers by April 15, 2015 to schedule a settlement conference. (Court Reporter Dena Legg.) cc:counsel (TLG)
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Filing 36
ORDER by Judge David J. Hale - Oral argument for the parties' Motions for Summary Judgment (DN #25 and #28 ) will be held on 4/1/15 at 2 p.m. Each party will be granted up to 30 minutes of time to make arguments to the Court. cc:counsel (JAC)
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| Filing 35 Joint MOTION for Trial Date by Plaintiffs McMahan Group, LLC, McMahan Holdings, LLC Responses due by 2/2/2015 (Attachments: #1 Proposed Order Granting Joint Motion to Set Trial Date) (Nicely, Amber) |
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Filing 34
ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to General Order 2014-16, Referral within this case is reassigned to United States Magistrate Judge Colin H. Lindsay.cc:counsel (MLG)
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Filing 33
ORDER by Chief Judge Joseph H. McKinley, Jr.; Pursuant to General Order 2014-14, and effective 12/11/2014, case reassigned to Judge David J. Hale for all further proceedings. Senior Judge Charles R. Simpson no longer assigned to case cc: Counsel (CDR)
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| Filing 32 REPLY re #28 MOTION for Summary Judgment filed by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
| Filing 31 REPLY re #25 MOTION for Summary Judgment filed by Tire Discounters, Inc.. (Razzano, Robert) |
| Filing 30 RESPONSE to Motion re #28 MOTION for Summary Judgment filed by Tire Discounters, Inc.. Replies due by 11/17/2014. (Attachments: #1 Proposed Order) (Razzano, Robert) |
| NOTICE OF DOCKET CORRECTION re #28 MOTION for Summary Judgment . Per DN 27, Tire Discounters' response to McMahans' Motion for Summary Judgement is due by 10/31/2014. CORRECTION: Response date of 11/3/2014 automatically set by CM, changed by Clerk to 10/31/2014. (RLK) |
| Filing 29 RESPONSE to Motion re #25 MOTION for Summary Judgment filed by McMahan Group, LLC, McMahan Holdings, LLC. Replies due by 10/31/2014. (DOCKET TEXT ENTRY BY CLERK - Response filed with Motion for Summary Judgment. See #28 for PDF.) (RLK) |
| Filing 28 MOTION for Summary Judgment by Plaintiffs McMahan Group, LLC, McMahan Holdings, LLC, Counter Defendants McMahan Group, LLC, McMahan Holdings, LLC Responses due by 10/31/2014 (Attachments: #1 Proposed Order Granting Motion for Summary Judgment, #2 Memorandum in Support of McMahan's Motion for Summary Judgment and Response to Tire Discounters' Motion, #3 Exhibit A-Portions of McMahan Depo, #4 Exhibit B-Non-Confidential Brunner Depo, #5 Exhibit C-Emails re Cost, #6 Exhibit D-Email re Impact, #7 Exhibit E-Plaza Lease, #8 Exhibit F-OBC Lease, #9 Exhibit G-GMP, #10 Exhibit H-Rory Email, #11 Exhibit I-Joule Ltr, #12 Exhibit J-Razzano Ltr, #13 Exhibit K-Discovery Responses, #14 Exhibit L-Brunner Report, #15 Exhibit M-Chambers Report) (Nicely, Amber) Modified on 10/17/2014: Per DN 27, Response due by 10/31/2014. Date of 11/3/2014 automatically set by CM changed to 10/31/2014 (RLK). |
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Filing 27
AGREED ORDER by Senior Judge Charles R. Simpson, III on 9/30/14; McMahan shall file its consolidated cross-motion for summary judgment and response to Tire Discounters motion for summary judgment on or before October 10, 2014; Tire Discounters shall file its consolidated reply and response toMcMahans cross-motion on or before October 31, 2014; and McMahan shall file its cross-reply on or before November 10, 2014. cc:counsel (TG)
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| Filing 26 Proposed Agreed Order/Stipulation by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
| Filing 25 MOTION for Summary Judgment by Defendant Tire Discounters, Inc. Responses due by 10/14/2014 (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Paul Brunner, #3 Exhibit Declaration of Rob Razzano, #4 Proposed Order) (Razzano, Robert) |
| Filing 24 DEPOSITION of Rory McMahan taken on July 22, 2014 by Tire Discounters, Inc.. (Attachments: #1 Exhibit 24, #2 Exhibit 25, #3 Exhibit 26, #4 Exhibit 27, #5 Exhibit 28, #6 Exhibit 29, #7 Exhibit 30, #8 Exhibit 31, #9 Exhibit 32, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 35, #13 Exhibit 36, #14 Exhibit 37, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41, #19 Exhibit 42, #20 Exhibit 43, #21 Exhibit 44, #22 Exhibit 45, #23 Exhibit 46, #24 Exhibit 47, #25 Exhibit 48, #26 Exhibit 49, #27 Exhibit 50, #28 Exhibit 51, #29 Exhibit 52, #30 Exhibit 53, #31 Exhibit 54, #32 Exhibit 55, #33 Exhibit 56, #34 Exhibit 57, #35 Exhibit 58, #36 Exhibit 59, #37 Exhibit 60, #38 Exhibit 61, #39 Exhibit 62, #40 Exhibit 63) (Razzano, Robert) |
| Filing 23 NOTICE of Filing Rule 30(B)(6) Deposition of Plaintiffs Provided by Witness Rory McMahan by Tire Discounters, Inc. (Razzano, Robert) |
| Filing 22 REPORT ON TELEPHONIC CONFERENCE (EBOC) for proceedings held before Magistrate Judge James D. Moyer. Telephone Conference held on 8/8/2014. The Court will leave the current case management deadlines in place. cc: Counsel of Record (TJD) |
| Filing 21 ANSWER to #19 Amended Complaint by Tire Discounters, Inc.. (Razzano, Robert) |
| Filing 20 MEMORANDUM OF TELEPHONIC CONFERENCE AND ORDER EXTENDING CASE MANAGEMENT DEADLINES (EBOC) for proceedings held before Magistrate Judge James D. Moyer. Telephonic Conference held on 5/14/2014. Discovery due by 8/11/2014. Expert Witness reports due by 7/7/2014. Rebuttal Expert Witness Reports due by 7/28/2014. Amended Pleadings due by 9/15/2014. Joinder of Parties due by 9/15/2014. Dispositive Motions due by 9/29/2014. Telephonic Conference set for 8/7/2014 at 10:30 AM before Magistrate Judge James D. Moyer. cc: Counsel of Record (TJD) |
| Filing 19 AMENDED COMPLAINT filed by McMahan Holdings, LLC and McMahan Group, LLC against Tire Discounters, Inc. (Attachments: #1 Exhibit 1 - The McMahan Holdings Lease, #2 Exhibit 2 - The McMahan Group Lease) (TJD) |
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Filing 18
ORDER GRANTING LEAVE TO AMEND COMPLAINT signed by Magistrate Judge James D. Moyer (EBOC) on 05/14/2014, granting #17 Motion for Leave to File Amended Complaint. cc: Counsel (TJD)
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| Filing 17 MOTION for Leave to File Amended Complaint by Plaintiffs McMahan Group, LLC, McMahan Holdings, LLC Responses due by 6/2/2014 (Attachments: #1 Memorandum in Support of Motion for Leave to File Amended Complaint, #2 Proposed Order Granting Motion for Leave to File Amended Complaint, #3 Exhibit 1-McMahan's First Amended Complaint and Exhibits) (Nicely, Amber) |
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Filing 16
ORDER by Magistrate Judge James D. Moyer (EBOC) on 03/28/2014. Telephonic Status Conference set for 4/17/2014 is REMANDED and RESCHEDULED for 5/14/2014 at 10:30 AM before Magistrate Judge James D. Moyer. cc: Counsel of Record (TJD)
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| Filing 15 MEMORANDUM OF RULE 16 SCHEDULING CONFERENCE AND ORDER (EBOC) for proceedings held before Magistrate Judge James D. Moyer. Rule 16 Scheduling Conference held on 3/19/2014. Discovery due by 6/27/2014. Expert Witness Reports due by 5/23/2014. Rebuttal Expert Witness Reports due by 6/13/2014. Motions for Amended Pleadings due by 8/1/2014. Joinder of Parties due by 8/1/2014. Dispositive Motions due by 8/15/2014. Telephonic Conference set for 4/17/2014 at 09:45 AM before Magistrate Judge James D. Moyer. cc: Counsel (TJD) |
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Filing 14
AGREED CONFIDENTIALITY ORDER by Magistrate Judge James D. Moyer on 03/13/2014. cc: Counsel (TJD)
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| Filing 13 CONFERENCE STATEMENT re #9 Order Referring Case to Magistrate Judge, by Tire Discounters, Inc.. (Razzano, Robert) |
| Filing 12 CONFERENCE STATEMENT re #9 Order Referring Case to Magistrate Judge, by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
| Filing 11 Proposed Agreed Order/Stipulation by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
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Filing 9
ORDER (EBOC) by Senior Judge Charles R. Simpson, III on 1/3/2014. Matter referred to Magistrate Judge James D. Moyer for the purposes as set forth. Scheduling Conference is set for 3/19/2014 at 09:30 AM in chambers before Magistrate Judge James D. Moyer.cc: Counsel (RLK)
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| Filing 8 ANSWER to #6 Answer to Complaint, Counterclaim by McMahan Group, LLC, McMahan Holdings, LLC. (Nicely, Amber) |
| Filing 7 Corporate Disclosure Statement identifying Corporate Parent Tire Discounters, Inc. for Tire Discounters, Inc.. by Tire Discounters, Inc.. (Razzano, Robert) |
| Filing 6 ANSWER to #1 Complaint, , COUNTERCLAIM for Expedited Declaratory Judgment and Damages against All Plaintiffs by Tire Discounters, Inc.. (Razzano, Robert) |
| Filing 5 SUMMONS Returned Executed by McMahan Holdings, LLC, McMahan Group, LLC. Tire Discounters, Inc. served on 11/18/2013, answer due 12/9/2013. (Nicely, Amber) |
| Filing 4 Summons Issued as to Tire Discounters, Inc.. NOTE: Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (RLK) |
| Filing 3 Corporate Disclosure Statement by McMahan Group, LLC, and McMahan Holdings, LLC. (RLK) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson, III. Magistrate designation: James D. Moyer. (RLK) |
| Filing 1 COMPLAINT FOR EXPEDITED DECLARATION OF RIGHTS filed by McMahan Holdings, LLC, and McMahan Group, LLC, against Tire Discounters, Inc. (Filing fee $400, receipt number 0644-1719782.) (Attachments: #1 Exhibit 1 - McMahan Holdings Lease, #2 Exhibit 2 - McMahan Group Lease, #3 Cover Sheet) (RLK) |
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