Nova U.S. Inc. v. Disimone et al
| Nova U.S. Inc. |
| Angela Disimone and Anthony Disimone |
| 3:2020cv00635 |
| September 8, 2020 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Regina S Edwards |
| Negotiable Instrument |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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PHV Renewal Fee: Eric Lee $ 150.00 receipt number 300005364 re #44 Notice (Other),, (TNT)
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Filing 45
Joint STATUS REPORT by Angela Disimone, Anthony Disimone. (Norris, Kevin)
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Filing 44
This Court entered General Order 23-11 on July 14, 2023, regarding pro hac vice admission. Lawyers admitted pro hac vice must pay an annual, per case renewal fee of $150.00 until the within action is either concluded or the attorney has withdrawn, whichever is earlier. Failure to pay the renewal fee within thirty (30) days of the date of the attached invoice will result in the attorney being suspended from appearing in any action in front of this Court. An invoice is attached hereto. If you have any questions, please contact the District Court Clerk's Office at PHV@kywd.uscourts.gov. (KJA)
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Filing 43
ORDER by Judge Claria Horn Boom on 9/29/23: IT IS HEREBY ORDERED as follows: On or before Monday, 10/16/2023, the parties SHALL file a joint status report advising the Court of the current status of the related Florida state court action. On or before Monday, 10/30/2023, the parties may file supplemental briefs, no more than ten (10) pages in length, addressing how the state court updates affect their Colorado River abstention arguments. cc: Counsel (DJT)
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Filing 42
BRIEF on Colorado River Abstention re #40 Order on Motion for Summary Judgment, #41 Memorandum filed by Angela Disimone, Anthony Disimone by Nova U.S. Inc.. (O'Bryan, Ambrose)
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Filing 41
MEMORANDUM of Law Regarding Colorado River Abstention Doctrine (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 2 - Answer, Affirmative Defenses and Counterclaim) by Angela Disimone, Anthony Disimone. (Norris, Kevin) Modified on 11/15/2022: added text to clearly reflect filing (RLK).
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Filing 40
ORDER signed by Judge Claria Horn Boom on 9/29/22: Plaintiff Nova U.S., Inc.'s Motion for Summary Judgment, [R. #25 ], is ADMINISTRATIVELY REMANDED, to be reinstated, if appropriate, after the Court's determination regarding the applicability of the Colorado River abstention doctrine. The parties SHALL brief the Court on the Colorado River abstention doctrine by no later than 5:00 p.m. on Monday, 11/14/2022. cc: Counsel(DJT)
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Filing 39
MEMORANDUM AND ORDER FROM TELEPHONIC STATUS CONFERENCE from proceedings held before Judge Claria Horn Boom; Telephonic Status Conference held on 8/29/2022. (Court Reporter Becky Boyd.) cc: Counsel (DJT)
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Filing 38
ORDER SETTING HEARING by Judge Claria Horn Boom on 8/19/22: Telephonic Status Conference set for 8/29/2022 at 2:30 PM before Judge Claria Horn Boom. Counsel for the parties shall connect to the Telephonic Status Conference by dialing the toll-free number 888-363-4735 and entering access code 9522526#. Parties shall dial into the Conference five (5) minutes prior to the Conference. The parties should be prepared to discuss the procedural posture of this matter and the Florida litigation.cc:counsel (DJT)
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Filing 37
ORDER GRANTING MOTION TO SUPPLEMENT signed by Judge Claria Horn Boom on 8/12/22 granting #26 Motion to Supplement re #26 MOTION to Supplement re #25 Motion for Summary Judgment : Plaintiff's Motion for Summary Judgement [R. #25 ] is SUPPLEMENTED with the Exhibits A through J [R. #26 -1, R. #26 -2, R. #26 -3, R. #26 -4, R. #26 -5, R. #26 -6, R. #26 -7, R. #26 -8, R. #26 -9, R. #26 -10], which were filed contemporaneously with the Motion to Supplement. cc: Counsel(DJT)
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Filing 36
Corporate Disclosure Statement identifying Corporate Parent Nova Pole International, Inc. for Nova U.S. Inc.. by Nova U.S. Inc.. (O'Bryan, Ambrose)
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Filing 35
ORDER DIRECTING CORPORATE PARTY TO FILE CORPORATE DISCLOSURE STATEMENT by Judge Claria Horn Boom on 3/14/22: IT IS HEREBY ORDERED that Plaintiff Nova U.S., Inc., shall FILE a Corporate Disclosure Statement that complies with Fed. R. Civ. P. 7.1 NO LATER THAN SEVEN (7) DAYS FROM THE DATE OF ENTRY OF THIS ORDER. cc:counsel (DJT)
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Filing 34
REPLY re #33 Response to Defendants' Notice of Supplemental Authority filed by Angela Disimone, Anthony Disimone. (Attachments: #1 Exhibit 1 - Statement of Non-Genuinely Disputed Facts, #2 Exhibit 2 - Memorandum of Law in Opposition to Motion for Summary Judgment) (Norris, Kevin)
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Filing 33
RESPONSE to re #31 Notice (Other), filed by Nova U.S. Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (O'Bryan, Ambrose)
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Filing 32
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Angela Disimone, Anthony Disimone re #27 Response to Motion,,, (Attachments: #1 Exhibit A - Order Declining Supplemental Jurisdiction and Dismissing Remaining Claims, #2 Exhibit B - Plaintiff's Agreed Order to Reopen) (Norris, Kevin)
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Filing 31
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Angela Disimone, Anthony Disimone re #27 Response to Motion,,, (Attachments: #1 Exhibit A - Order on Cross Motions for Summary Judgment) (Norris, Kevin)
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Filing 30
REPLY re #29 Order on Proposed Agreed Order, #25 MOTION for Summary Judgment , #27 Response to Motion,,, #28 Proposed Agreed Order , #26 MOTION to Supplement re #25 Motion for Summary Judgment filed by Nova U.S. Inc.. (O'Bryan, Ambrose)
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Filing 29
ORDER GRANTING AGREED ORDER signed by Judge Claria Horn Boom on 11/29/21; granting #28 Proposed Agreed Order: Plaintiff Nova U.S., Inc., SHALL have up to and including 12/3/2021, within which to file its Reply in support of its Motion for Summary Judgment [R. #25 ]. cc: Counsel(DJT)
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Filing 28
Proposed Agreed Order by Nova U.S. Inc.. (O'Bryan, Ambrose)
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Filing 27
RESPONSE to Motion re #25 MOTION for Summary Judgment filed by Angela Disimone, Anthony Disimone. (Attachments: #1 Exhibit 1 - Declaration of Angela, #2 Exhibit 2 - Contribution Agreement, #3 Exhibit 3 - June 29, 2018 Operating Agreement for Structures US, #4 Exhibit 4 - October 25, 2018 Notice, #5 Exhibit 5 - Disclosure Schedule, #6 Exhibit 6 - Sabre Judgment, #7 Exhibit 7 - Summons and Complaint filed by Maico, #8 Exhibit 8 - October 16, 2018 litigation update, #9 Exhibit 9 - Vendor Ledger Report for Summit, #10 Exhibit 10 - September 19, 2019 emails, #11 Exhibit 11 - Draft Settlement Agreement and Mutual Release, #12 Exhibit 12 - September 4, 2020 Stipulation, #13 Exhibit 13 - Deposition excerpts of the Nova Parties' corporate representative, #14 Exhibit 14 - Defendant's Answer and Affirmative Defenses to Plaintiff's Amended Complaint, #15 Proposed Order) (Norris, Kevin)
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Filing 26
MOTION to Supplement re #25 Motion for Summary Judgment by Plaintiff Nova U.S. Inc. (Attachments: #1 Exhibit Exhibit A_Angela DiSimone Deposition, #2 Exhibit Exhibit B, Anthony DiSimone Deposition, #3 Exhibit Exhibit C_Contribution Agreement, #4 Exhibit Exhibit D_Notice of Breach, #5 Exhibit Exhibit E_Disclosure Schedule, #6 Exhibit Exhibit F_Smook Declaration, #7 Exhibit Exhibit G_Sabre Settlement, #8 Exhibit Exhibit H_Note, #9 Exhibit Exhibit I_Interrogatory Responses, #10 Exhibit Exhibit J_Florida Counterclaim) (O'Bryan, Ambrose)
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Filing 25
MOTION for Summary Judgment by Plaintiff Nova U.S. Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (O'Bryan, Ambrose)
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Filing 24
NOTICE of Appearance by Ambrose K. O'Bryan on behalf of Nova U.S. Inc. (O'Bryan, Ambrose)
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Filing 23
TEXT ORDER by Magistrate Judge Regina S. Edwards on 4/29/2021. A Telephonic Status Conference is scheduled for 6/16/2021 at 11:30 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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Filing 22
STATUS REPORT by Nova U.S. Inc.. (Wilson, David)
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Filing 21
ORDER (EBOC) from proceedings held before Magistrate Judge Regina S. Edwards; Telephonic Status Conference held on 4/23/2021.: Counsel for Plaintiff having failed to participate in the conference, counsel shall file a joint status report no later than 4/30/2021. cc: Counsel (DJT)
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Filing 20
NOTICE cancellation of depositions by Nova U.S. Inc. (Wilson, David)
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Filing 19
TEXT ORDER by Magistrate Judge Regina S. Edwards on 3/24/2021. Due to a conflict with the Court's calendar, the Telephonic Status Conference set for 4/21/2021 is RESCHEDULED to 4/23/2021 at 1:00 PM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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Filing 18
ORDER for proceedings held before Magistrate Judge Regina S. Edwards: Telephone Conference held on 2/8/2021. Telephonic Status Conference set for 4/21/2021 at 10:00 AM before Magistrate Judge Regina S. Edwards. cc: counsel (JM)
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Filing 17
NOTICE to Take Deposition of Anthony Disimone by Nova U.S. Inc.. (Wilson, David)
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Filing 16
NOTICE to Take Deposition by Nova U.S. Inc. (Wilson, David)
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Filing 15
TEXT ORDER by Magistrate Judge Regina S. Edwards on 2/1/2021. Due to a conflict with the Court's calendar, the telephonic status conference scheduled for 2/8/2021 shall be conducted at 1:30 PM, instead of 10:00 AM. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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Filing 14
Defendants' ANSWER to #13 Amended Complaint by Angela Disimone, Anthony Disimone. (Norris, Kevin)
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Filing 13
AMENDED COMPLAINT against All Defendants filed by Nova U.S. Inc.. (Attachments: #1 Exhibit) (ALS)
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Filing 12
ORDER GRANTING PLAINTIFF'S MOTION TO FILE AMENDED COMPLAINT signed by Judge Claria Horn Boom on 12/11/2020. Plaintiff's Motion to File First Amended Complaint [R. #10 ] is GRANTED. cc: Counsel (ALS)
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Filing 11
SCHEDULING ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Scheduling Conference held on 12/8/2020. Rule 26(a)(1) Disclosure due by 12/15/2020. Discovery due by 8/20/2021. Joinder of Parties due by 1/29/2021. Amended Pleadings due by 1/29/2021. Expert Witness (Plaintiff) due by 6/21/2021. Expert Witness (Defendant) due by 7/21/2021. Dispositive Motions due by 10/20/2021. Daubert Motion due by 10/20/2021. Telephonic Status Conference set for 2/8/2021 at 10:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888- 808-6929, Access Code 2887606. cc: Counsel (ALS)
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Filing 10
MOTION for Leave to File Amended Complaint by Plaintiff Nova U.S. Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Wilson, David)
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Filing 9
REPORT of Rule 26(f) Planning Meeting by Angela Disimone, Anthony Disimone. (Norris, Kevin)
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Filing 8
ORDER FOR MEETING AND REPORT (EBOC) by Judge Claria Horn Boom on 10/8/2020; Telephonic Rule 16 Case Management Conference set for 12/8/2020 at 11:30 AM before Magistrate Judge Regina S. Edwards. The Court will initiate the call to counsel. cc: Counsel (ALS)
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Filing 7
TEXT ORDER by Judge Claria Horn Boom on 10/7/2020. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Regina S. Edwards for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except deadlines for dispositive/Daubert motions, and the pretrial conference and the trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (RLK)
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Filing 6
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ERIC LEE signed by Judge Claria Horn Boom on 9/16/2020; Granting #5 Motion to Appear Pro Hac Vice. cc: Counsel (ALS)
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Filing 5
MOTION for Eric Allan Lee to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3183803. by Defendants Angela Disimone, Anthony Disimone (Attachments: #1 Proposed Order, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - ECF Registration) (Norris, Kevin)
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Filing 4
ANSWER to Complaint by Angela Disimone, Anthony Disimone. (Norris, Kevin)
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Filing 3
CLERK'S NOTICE re #1 Notice of Removal from Hardin Circuit Court, Civil Action No. 20-CI-01087. cc: Counsel, Hardin Circuit Court (ALS)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (ALS)
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Filing 1
NOTICE OF REMOVAL by Angela Disimone, Anthony Disimone from Hardin Circuit Court, case number 20-CI-01087 (Filing fee $ 400; receipt number 0644-3179867) filed by Angela Disimone, Anthony Disimone. (Attachments: #1 Exhibit State Court Complaint, #2 Cover Sheet) (ALS) Modified to correct event on 9/10/2020 (ALS).
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