Nova U.S. Inc. v. Disimone et al
Plaintiff: Nova U.S. Inc.
Defendant: Angela Disimone and Anthony Disimone
Case Number: 3:2020cv00635
Filed: September 8, 2020
Court: US District Court for the Western District of Kentucky
Presiding Judge: Claria Horn Boom
Referring Judge: Regina S Edwards
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2023 Opinion or Order PHV Renewal Fee: Eric Lee $ 150.00 receipt number 300005364 re #44 Notice (Other),, (TNT)
October 13, 2023 Opinion or Order Filing 45 Joint STATUS REPORT by Angela Disimone, Anthony Disimone. (Norris, Kevin)
September 29, 2023 Opinion or Order 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must pay an annual, per case renewal fee of $150.00 until the within action is either concluded or the attorney has withdrawn, whichever is earlier.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)
September 29, 2023 Opinion or Order 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)
November 14, 2022 Opinion or Order 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)
November 14, 2022 Opinion or Order 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).
September 30, 2022 Opinion or Order 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)
August 30, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 12, 2022 Opinion or Order 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)
March 23, 2022 Opinion or Order 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)
March 14, 2022 Opinion or Order 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)
March 2, 2022 Opinion or Order 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)
February 24, 2022 Opinion or Order 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)
February 10, 2022 Opinion or Order 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)
February 7, 2022 Opinion or Order 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)
December 3, 2021 Opinion or Order 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)
November 29, 2021 Opinion or Order 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)
November 24, 2021 Opinion or Order Filing 28 Proposed Agreed Order by Nova U.S. Inc.. (O'Bryan, Ambrose)
November 11, 2021 Opinion or Order 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)
October 21, 2021 Opinion or Order 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)
October 20, 2021 Opinion or Order Filing 25 MOTION for Summary Judgment by Plaintiff Nova U.S. Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (O'Bryan, Ambrose)
June 15, 2021 Opinion or Order Filing 24 NOTICE of Appearance by Ambrose K. O'Bryan on behalf of Nova U.S. Inc. (O'Bryan, Ambrose)
April 29, 2021 Opinion or Order 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)
April 28, 2021 Opinion or Order Filing 22 STATUS REPORT by Nova U.S. Inc.. (Wilson, David)
April 23, 2021 Opinion or Order 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)
March 29, 2021 Opinion or Order Filing 20 NOTICE cancellation of depositions by Nova U.S. Inc. (Wilson, David)
March 24, 2021 Opinion or Order 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)
February 8, 2021 Opinion or Order 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)
February 5, 2021 Opinion or Order Filing 17 NOTICE to Take Deposition of Anthony Disimone by Nova U.S. Inc.. (Wilson, David)
February 5, 2021 Opinion or Order Filing 16 NOTICE to Take Deposition by Nova U.S. Inc. (Wilson, David)
February 1, 2021 Opinion or Order 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)
December 16, 2020 Opinion or Order Filing 14 Defendants' ANSWER to #13 Amended Complaint by Angela Disimone, Anthony Disimone. (Norris, Kevin)
December 11, 2020 Opinion or Order Filing 13 AMENDED COMPLAINT against All Defendants filed by Nova U.S. Inc.. (Attachments: #1 Exhibit) (ALS)
December 11, 2020 Opinion or Order 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)
December 9, 2020 Opinion or Order 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)
November 18, 2020 Opinion or Order 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)
November 3, 2020 Opinion or Order Filing 9 REPORT of Rule 26(f) Planning Meeting by Angela Disimone, Anthony Disimone. (Norris, Kevin)
October 8, 2020 Opinion or Order 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)
October 7, 2020 Opinion or Order 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)
September 16, 2020 Opinion or Order 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)
September 14, 2020 Opinion or Order 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)
September 14, 2020 Opinion or Order Filing 4 ANSWER to Complaint by Angela Disimone, Anthony Disimone. (Norris, Kevin)
September 10, 2020 Opinion or Order 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)
September 10, 2020 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (ALS)
September 8, 2020 Opinion or Order 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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Defendant: Angela Disimone
Represented By: Kevin M. Norris
Represented By: Eric Lee
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Defendant: Anthony Disimone
Represented By: Kevin M. Norris
Represented By: Eric Lee
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Plaintiff: Nova U.S. Inc.
Represented By: David T. Wilson, II
Represented By: Ambrose K. O'Bryan
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