Gullion et al v. Orbis Technologies, Inc.
| Kimberly Gullion and Writer Resource LLC |
| Orbis Technologies, Inc. and Contiem, Inc. |
| 0:2023cv01430 |
| May 19, 2023 |
| US District Court for the District of Minnesota |
| John F Docherty |
| Eric C Tostrud |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 28
(Text-Only) ORDER/NOTICE TO ATTORNEY. Due to a pending dispositive motion in a related case in Maryland state court, this 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 the Maryland state court issues a decision on the pending motion. The parties shall update this Court upon resolution of the pending motion. Ordered by Magistrate Judge John F. Docherty on 8/21/2023.(TJS)
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| Filing 27 (Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge John F. Docherty on 8/21/2023: Motion Hearing.Court Reporter: Erin DrostSt. Paul Courthouse, Video ConferenceTime: 1:06 p.m. - 1:27 p.m.Total Time: 21 minutesAPPEARANCES:For Plaintiffs: Adam AlmenFor Defendant: Daniel Larkins, Marc Katz, Oliver Kiefer PROCEEDINGS: Hearing on: #18 MOTION to Stay filed by Kimberly Gullion and Writer Resource LLC. Oral Order granting #18 Motion to Stay. No written order to be issued. (ALM) |
| Filing 26 (Text-Only) NOTICE: The Motion Hearing on #18 set for 8/21/2023 at 01:00 PM will be held via Zoom Video Conference (no courtroom) before Magistrate Judge John F. Docherty. Chambers will provide Zoom information to counsel prior to the hearing. (TJS) |
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Filing 25
(Text-Only) ORDER/NOTICE TO ATTORNEY. Because of the pending motion to stay this case #18 pending developments in parallel litigation in the District of Maryland, the Court canceled the Rule 16 Pretrial Scheduling Conference scheduled for 8/14. The motion to stay will be heard on 8/21. If the Court is able to rule from the bench on the motion to stay, the parties should be prepared to immediately take up the Pretrial Scheduling Conference. If the Court is not able to rule from the bench, a Pretrial Scheduling Conference will be scheduled after the ruling on the motion to stay. Ordered by Magistrate Judge John F. Docherty on 8/14/2023.(TJS)
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| Filing 24 (Text-Only) NOTICE of Cancelation of Hearing: The Pretrial Conference set for today has been canceled. (TJS) |
| Filing 23 MEMORANDUM in Opposition re #18 MOTION to Stay re #17 MOTION to Stay Notice of Hearing filed by Orbis Technologies, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kiefer, Oliver) |
| Filing 22 REPORT of Rule 26(f) Planning Meeting. Filed by Orbis Technologies, Inc.. Jointly Signed by Kimberly Gullion and Writer Resource LLC.(Kiefer, Oliver) |
| Filing 21 PROPOSED ORDER for Stay filed by Kimberly Gullion, Writer Resource LLC. (Almen, Adam) Modified text on 8/7/2023 (MMP). |
| Filing 20 Memorandum in Support of Motion to Stay filed by Kimberly Gullion, Writer Resource LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Certificate of Service)(Almen, Adam) Modified text on 8/7/2023 (MMP). |
| Filing 19 Meet and Confer Statement filed by Kimberly Gullion, Writer Resource LLC. (Almen, Adam) Modified text on 8/7/2023 (MMP). |
| Filing 18 MOTION to Stay re #17 MOTION to Stay Notice of Hearing filed by Kimberly Gullion, Writer Resource LLC. (Almen, Adam) |
| Filing 17 NOTICE OF HEARING filed by Kimberly Gullion, Writer Resource LLC #18 Motion to Stay will be heard on August 21, 2023 at 1:00 p.m., in Courtroom 6A (STP) before Magistrate Judge John F. Docherty . (Almen, Adam) Modified text on 8/7/2023 (MMP). |
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Filing 16
ORDER/NOTICE OF PRETRIAL CONFERENCE: Rule 26 Meeting Report due by 8/7/2023. Pretrial Conference set for 8/14/2023 at 09:30 AM via Audio-only Conference (no courtroom) before Magistrate Judge John F. Docherty. Signed by Magistrate Judge John F. Docherty on 7/11/2023. (Attachments: #1 26(f) Template, #2 Consent Form)(TJS)
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| Filing 15 ANSWER to #5 Amended Complaint filed by Orbis Technologies, Inc.. (Kiefer, Oliver) |
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Filing 14
ORDER granting [12-1] Motion for Permission for Non-Resident Attorney to Serve as Local Counsel; granting #12 Motion for Admission Pro Hac Vice of Daniel Elwood Larkins for Orbis Technologies, Inc.; granting [13-1] Motion for Permission for Non-Resident Attorney to Serve as Local Counsel; granting #13 and Motion for Admission Pro Hac Vice of Marc Daniel Katz for Orbis Technologies, Inc. Signed by Judge Eric C. Tostrud on 6/30/2023. (jam)
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| Filing 13 MOTION for Admission Pro Hac Vice for Attorney Marc D. Katz. Filing fee $ 100, receipt number AMNDC-10374479 filed by Orbis Technologies, Inc.. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel Oliver Kiefer)(Kiefer, Oliver) |
| Filing 12 MOTION for Admission Pro Hac Vice for Attorney Daniel E. Larkins. Filing fee $ 100, receipt number AMNDC-10374226 filed by Orbis Technologies, Inc.. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel (Oliver Kiefer))(Kiefer, Oliver) |
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Filing 11
(Text-Only) ORDER in Response to #9 Stipulation: Before the Court is the stipulation of the parties [Dkt. No. 9] for an extension of time for Defendant to answer or otherwise respond to Plaintiffs' Complaint. Federal Rule of Civil Procedure 6(b)(1)(A) states that a court "may, for good cause, extend the time..." by which some act must be done. (Emphasis added). The parties' stipulation does not show good cause for the requested extension because the parties have provided no reason beyond their mutual agreement to justify this extension request. Therefore, the stipulation is denied. The Court will reconsider the request if good cause is shown. Ordered by Magistrate Judge John F. Docherty on 6/20/2023.(TJS)
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| Filing 10 PROPOSED ORDER TO JUDGE re #9 Stipulation. (Kiefer, Oliver) |
| Filing 9 STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT by Orbis Technologies, Inc.. Jointly Signed by KIMBERLY GULLION, WRITER RESOURCE LLC, and ORBIS TECHNOLOGIES, INC. A.K.A. CONTIEM, INC.. (Kiefer, Oliver) |
| Filing 8 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Orbis Technologies, Inc.. (Kiefer, Oliver) |
| Filing 7 NOTICE of Appearance by Oliver M. Kiefer on behalf of Orbis Technologies, Inc.. (Kiefer, Oliver) |
| Filing 6 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Daniel E. Larkins and Marc D. Katz as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMP) |
| Filing 5 AMENDED COMPLAINT against Orbis Technologies, Inc.. filed by Kimberly Gullion, Writer Resource LLC. No summons requested. (Attachments: #1 Exhibit(s) EX A Agreement, #2 Exhibit(s) EX B Maryland Action) (Almen, Adam) |
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Filing 4
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #1 Complaint. Plaintiffs shall file an amended complaint that cures the jurisdictional deficiencies identified in this Order on or before June 5, 2023. Signed by Magistrate Judge John F. Docherty on 5/22/2023. (ALM)
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| Filing 3 Summons Issued as to Orbis Technologies, Inc. (MKB) |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Master) list, referred to Magistrate Judge John F. Docherty. Please use case number 23-cv-1430 (ECT/JFD).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB) |
| Filing 1 COMPLAINT against All Defendants (filing fee $ 402, receipt number AMNDC-10285624) filed by Kimberly Gullion, Writer Resource LLC. Filer requests summons issued. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet) (Almen, Adam) |
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