MOAC Mall Holdings LLC v. The Walking Company et al
| MOAC Mall Holdings LLC |
| WalkingCo, LLC, Walking Company Acquisition LLC and The Walking Company |
| 0:2022cv01557 |
| June 13, 2022 |
| US District Court for the District of Minnesota |
| John F Docherty |
| Wilhelmina M Wright |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 26
MEMORANDUM in Opposition re #13 MOTION to Remand to State Court filed by WalkingCo, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil)
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Filing 25
TEXT ONLY ENTRY: ORDER that #23 MOTION for Temporary Restraining Order filed by Plaintiff MOAC Mall Holdings LLC is/are not properly before this court and therefore denied without prejudice. In order to be considered, any motion previously filed in state court must be refiled in compliance with the Federal Rules of Civil Procedure and the Local Rules of this District. Orders entered by the state court prior to removal remain in effect. Approved by the Court on 7/29/2022. (MTB)
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Filing 24
TEXT ONLY ENTRY: NOTICE re #23 Motion for TRO is a copy of a document filed in Hennepin County District Court. (MTB)
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Filing 23
MOTION for Temporary Restraining Order filed by MOAC Mall Holdings LLC. (MTB)
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Filing 22
AMENDED NOTICE OF REMOVAL from Hennepin County District Court, case number 27-CV-22-8227 filed by WalkingCo, LLC. (Attachments: #1 Summons and Complaint Summons and complaint, #2 Memo ISO TRO motion, #3 Bassett declaration and exhibits A - L ISO TRO motion, #4 LeMay declaration and exhibit ISO TRO motion, #5 Brechbill declaration ISO TRO motion, #6 Swilley declaration ISO TRO motion, #7 Proposed order re TRO motion, #8 Civil cover sheet, #9 Notice of judicial assignment, #10 Affidavit of service re Walking Company, #11 Affidavit of service re WalkingCo, #12 Dunlop notice of appearance, #13 Notice to remove judge, #14 Notice of judge reassignment, #15 Affidavit of service re Walking Company and WalkingCo, #16 Second amended NMM re TRO motion, #17 Affidavit of service re second amended TRO motion hearing, #18 Notice of filing notice of removal, #19 Notice of filing amended notice of removal) (Dunlop, Sybil)
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Filing 21
(Text-Only) ORDER in Response to #13 Motion to Remand to State Court. Due to the pending motion, the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge John F. Docherty on 7/15/2022.(TJS)
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Filing 20
STIPULATION re 12 Order/Notice to Attorney,,,, by MOAC Mall Holdings LLC. Jointly Signed by MOAC Mall Holdings LLC and WalkingCo, LLC. (Bassett, Heidi)
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Filing 19
DECLARATION of Heidi J. Bassett re 12 Order/Notice to Attorney,,,, by MOAC Mall Holdings LLC . (Bassett, Heidi)
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Filing 18
PROPOSED ORDER TO JUDGE re #13 MOTION to Remand to State Court filed by MOAC Mall Holdings LLC.(Bassett, Heidi)
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Filing 17
MEET and CONFER STATEMENT re #13 Motion to Remand to State Court filed by MOAC Mall Holdings LLC.(Bassett, Heidi)
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Filing 16
Declaration of Heidi J. Bassett in Support of #13 MOTION to Remand to State Court filed by MOAC Mall Holdings LLC. (Attachments: #1 Exhibit(s) A)(Bassett, Heidi)
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Filing 15
MEMORANDUM in Support re #13 MOTION to Remand to State Court filed by MOAC Mall Holdings LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bassett, Heidi)
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Filing 14
NOTICE OF HEARING ON MOTION #13 MOTION to Remand to State Court : Motion Hearing set for 8/30/2022 at 01:00 PM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Bassett, Heidi)
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Filing 13
MOTION to Remand to State Court filed by MOAC Mall Holdings LLC. (Bassett, Heidi)
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Filing 12
(Text-Only) ORDER/NOTICE TO ATTORNEYS. Before the Court is Defendant WalkingCo, LLC's #10 Response to the Court's #8 June 22 Order requiring WalkingCo, LLC to file an amended notice of removal that properly alleges the citizenship of Plaintiff MOAC Mall Holdings LLC. Based on WalkingCo, LLC's representations in its #10 Response and #11 Declaration with Exhibits, the Court hereby orders MOAC Mall Holdings LLC to file an affidavit that identifies completely and with specificity the citizenship of each of its members, and each of those member's sub-members, where applicable, conforming to the explanation provided in the Court's #8 June 22 Order regarding the legal standard for pleading the citizenship of an LLC. MOAC Mall Holdings LLC's affidavit containing this information shall be filed on or before July 14, 2022, after which, WalkingCo, LLC shall file an amended notice of removal on or before July 28, 2022. Ordered by Magistrate Judge John F. Docherty on 7/7/2022. (JLD)
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Filing 11
DECLARATION of Sybil L. Dunlop re #8 Order to Party File Document/Respond to Court by WalkingCo, LLC . (Attachments: #1 Exhibit(s) A - B)(Dunlop, Sybil)
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Filing 10
RESPONSE by WalkingCo, LLC re #8 Order to Party File Document/Respond to Court (Response to the Court's June 22, 2022 Order and Request for Jurisdictional Discovery). (Dunlop, Sybil)
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Filing 8
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #1 Notice of Removal. Signed by Magistrate Judge John F. Docherty on 6/22/2022. (JLD)
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Filing 7
ANSWER to Complaint (ECF 1-1) filed by WalkingCo, LLC. (Dunlop, Sybil)
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Filing 6
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney William Andrichik, Jr for WalkingCo, LLC. Approved by Magistrate Judge John F. Docherty on 6/16/2022. (KMO)
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Filing 5
MOTION for Admission Pro Hac Vice for Attorney William R. Andrichik. Filing fee $ 100, receipt number AMNDC-9574452 filed by WalkingCo, LLC. (Dunlop, Sybil)
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Filing 4
(Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE)
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Filing 3
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per Civil (3rd/4th Master) list, referred to Magistrate Judge John F. Docherty. Please use case number 22-cv-01557 WMW/JFD.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MTB)
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Filing 2
CERTIFICATE OF SERVICE by WalkingCo, LLC re #1 Notice of Removal (Dunlop, Sybil) Modified text on 6/13/2022 (MTB).
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Filing 1
NOTICE OF REMOVAL from Hennepin County District Court, case number 27-CV-22-8227 (filing fee $ 402, receipt number AMNDC-9569906) filed by WalkingCo, LLC . No summons requested. (Attachments: #1 Summons and Complaint, #2 Bassett declaration and exhibit ISO TRO motion, #3 LeMay declaration and exhibit ISO TRO motion, #4 Civil cover sheet, #5 Memo ISO TRO, #6 Proposed order re TRO, #7 Swilley declaration ISO TRO, #8 Notice of judicial assignment, #9 Amended notice of motion and motion for TRO, #10 Affidavit of Service re Walking Company, #11 Affidavit of Service re WalkingCo, #12 Affidavit of Service re Amended TRO notice of hearing, #13 Dunlop notice of appearance, #14 Notice of judge reassignment, #15 WalkingCo notice to remove judge, #16 Affidavit of service re second amended NOH, #17 Notice of filing notice of removal, #18 Civil cover sheet) (Dunlop, Sybil) Modified text on 6/13/2022 (MTB).
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