Rialto on Hurstbourne, LLC v. Bluelinx Corporation et al
Plaintiff: Rialto on Hurstbourne, LLC
Defendant: Bluelinx Holdings, Inc., Extreme Green Building Products, LLC, Peter Gaillard, Jr. and Huber Engineered Woods, LLC
3Rd Party Plaintiff: Bluelinx Corporation
3Rd Party Defendant: AIA Daniel R Swift
Case Number: 3:2023cv00280
Filed: June 1, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Colin H Lindsay
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2023 Filing 30 NOTICE OF FILING OF PROPOSED ORDER by Rialto on Hurstbourne, LLC re #25 MOTION for Leave to To File First Amended Complaint (Powell, Jessica)
July 27, 2023 Filing 29 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Huber Engineered Woods, LLC. (Hagerman, Andrew)
July 27, 2023 Filing 28 NOTICE of Deficiency re #25 Motion for Leave to File First Amended Complaint. Proposed order not tendered with motion. Failure to comply will be brought to the attention of the Court. Response due by 8/3/2023. (JM)
July 27, 2023 Filing 27 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Huber Engineered Woods, LLC. (Hagerman, Andrew)
July 27, 2023 Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Huber Engineered Woods, LLC (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit 1: Asset Purchase Agreement, #3 Proposed Order Granting Motion to Dismiss) (Hagerman, Andrew)
July 26, 2023 Filing 25 MOTION for Leave to To File First Amended Complaint by Plaintiff Rialto on Hurstbourne, LLC (Attachments: #1 Exhibit First Amended Complaint and Jury Demand) (Powell, Jessica)
July 20, 2023 Filing 24 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Bluelinx Corporation, Bluelinx Holdings, Inc.. (Lennon, Nathan)
July 5, 2023 Filing 23 REPLY re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Peter Gaillard, Jr. (Clay, John)
June 30, 2023 Filing 22 NOTICE of Deficiency issued to Nathan A. Lennon, attorney for Defendants re #15 Notice of Appearance. Reason for Deficiency: Missing Rule 7.1(a)(2) Disclosure Statement for Bluelinx Corporation and Bluelinx Holdings, Inc. Failure to comply will be brought to the attention of the Court. Response due by 7/7/2023. (DeW)
June 29, 2023 Filing 21 RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rialto on Hurstbourne, LLC. (Powell, Jessica)
June 28, 2023 Filing 20 SUMMONS Returned Executed by Rialto on Hurstbourne, LLC. Huber Engineered Woods, LLC served on 6/9/2023, answer due 6/30/2023. (Powell, Jessica)
June 27, 2023 Filing 19 CERTIFICATE OF SERVICE by Rialto on Hurstbourne, LLC (Powell, Jessica)
June 21, 2023 Opinion or Order Filing 18 ORDER Signed by Magistrate Judge Colin H. Lindsay on 6/20/2023 granting #8 Motion for Attorney Michael C. Menghini to Appear Pro Hac Vice. cc: Counsel (JM)
June 15, 2023 Filing 17 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court refers this matter to Magistrate Judge Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
June 9, 2023 Filing 16 NOTICE ON SUMMONS re #12 Answer to Complaint, Third Party Complaint. (DeW)
June 9, 2023 Filing 15 NOTICE of Appearance by Nathan A. Lennon on behalf of Bluelinx Corporation, Bluelinx Corporation, Bluelinx Holdings, Inc., Bluelinx Holdings, Inc. (Lennon, Nathan)
June 8, 2023 Filing 14 NOTICE of Consent to Removal by Bluelinx Corporation, Bluelinx Holdings, Inc. (Lennon, Nathan)
June 8, 2023 Filing 13 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Bluelinx Holdings, Inc. for Bluelinx Corporation, Bluelinx Corporation. by Bluelinx Corporation. (Lennon, Nathan)
June 8, 2023 Filing 12 ANSWER to Complaint with Jury Demand , THIRD PARTY COMPLAINT against Daniel R Swift by Bluelinx Corporation, Bluelinx Holdings, Inc.. (Lennon, Nathan)
June 8, 2023 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Peter Gaillard, Jr (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Clay, John)
June 5, 2023 Filing 10 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Peter Gaillard, Jr. (Clay, John)
June 5, 2023 Filing 9 Summons Issued as to Huber Engineered Woods, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DeW)
June 2, 2023 Filing 8 MOTION for Michael C. Menghini to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3819920. by Plaintiff Rialto on Hurstbourne, LLC (Powell, Jessica) (Additional attachment(s) added on 6/5/2023: #1 Proposed Order) (DeW).
June 2, 2023 Filing 7 NOTICE Summons by Rialto on Hurstbourne, LLC (Attachments: #1 Summons Summons for Huber Engineered Woods, LLC) (Powell, Jessica)
June 2, 2023 Filing 6 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Rialto on Hurstbourne, LLC. (Powell, Jessica)
June 2, 2023 Filing 5 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Peter Gaillard, Jr. (Clay, John)
June 2, 2023 Filing 4 NOTICE of Deficiency re #1 Notice of Removal to John D. Clay, Jr., attorney for defendant. Reason for Deficiency: Missing 7.1 (a)(1) Corporate Disclosure Statement and 7.1(a)(2) Disclosure Statement for Peter Gaillard, Jr. Failure to comply will be brought to the attention of the Court. Response due by 6/9/2023. (CDL)
June 2, 2023 Filing 3 CLERK'S NOTICE to Jefferson Circuit Court and Counsel/Parties re #1 Notice of Removal. (CDL)
June 1, 2023 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (CDL)
June 1, 2023 Filing 1 NOTICE OF REMOVAL (No Answer Filed) by Peter Gaillard, Jr. from Jefferson Circuit Court, case number 23-CI-002328, (Filing fee $402, receipt number AKYWDC-3819350), filed by Peter Gaillard, Jr. (Attachments: #1 Exhibit A - Complaint and Jury Demand, #2 Exhibit C - Building Permit Application, #3 Cover Sheet) (CDL)

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Plaintiff: Rialto on Hurstbourne, LLC
Represented By: Jessica L. Powell
Represented By: Michael C. Menghini
Represented By: Michael Menghini
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3rd party plaintiff: Bluelinx Corporation
Represented By: Mark R. Bush
Represented By: Nathan A. Lennon
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Defendant: Bluelinx Holdings, Inc.
Represented By: Mark R. Bush
Represented By: Nathan A. Lennon
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Defendant: Extreme Green Building Products, LLC
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Defendant: Peter Gaillard, Jr.
Represented By: John D. Clay, Jr.
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Defendant: Huber Engineered Woods, LLC
Represented By: Andrew T. Hagerman
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3rd party defendant: AIA Daniel R Swift
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