Bendfeldt et al v. Window World, Inc. et al
| Mike Bendfeldt and Betty Muhr-Bendfeldt |
| Window World, Inc. and Associated Materials, LLC |
| 8:2015cv00377 |
| October 16, 2015 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F Bataillon |
| FA Gossett |
| Anti-Trust |
| 15 U.S.C. § 15 |
| Plaintiff |
Docket Report
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| Case transferred to Western District of North Carolina. Original electronic file sent. (TCL) |
Filing 50
ORDER denying #49 Motion to Reconsider defendant Window World's Inc.'s Motion to Dismiss. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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| Filing 49 MOTION to Dismiss Reasserted Rule 12(b)(6) by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
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Filing 48
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: Defendant's motion to transfer, Filing No. #37 , pursuant to forum selection clauses and 28 U.S.C. 1404(a) and the doctrine of forum non conveniens, is granted. The Clerk of Court is hereby ordered to transfer this case to the United States Federal Court for the Western District of North Carolina. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| Filing 47 NOTICE of regarding MOTION to Dismiss or Transfer #37 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC (Attachments: #1 Exhibit A)(Tricker, Edward) |
| Filing 46 BRIEF in support of MOTION to Dismiss or Transfer #37 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 45 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
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Filing 44
TEXT ORDER granting #42 Defendant Window World Inc.'s Motion for Extension of Time to File Reply Brief and granting #43 Defendant Associated Materials, LLC's Motion for Extension of Time to File Reply Brief. Both Defendants shall have an extension of time until June 6, 2016, to file a reply to their respective Motions to Dismiss or Transfer #35 #37 . Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 43 MOTION to Extend Time to File Reply Brief in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 42 MOTION to Extend Time to File Reply Brief In Support of Motion to Dismiss by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 41 BRIEF in opposition to MOTION to Dismiss or Transfer #37 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Jonathan E. Fortman on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt.(Fortman, Jonathan) |
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Filing 40
TEXT ORDER granting #39 the plaintiffs' Motion for Enlargement of Briefing Deadline. Plaintiffs shall have an extension of time until May 11, 2016, to file their response to the defendants' motions to dismiss #35 and #37 . Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 39 MOTION to Extend Briefing Deadline by Attorney Larry E. Welch, Jr on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt.(Welch, Larry) |
| Filing 38 BRIEF in support of MOTION to Dismiss or Transfer #37 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 37 MOTION to Dismiss or Transfer by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 36 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
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Filing 34
ORDER that this matter is before the Court on defendant Associated Materials, LLC's motion to dismiss, Filing No. 21, and defendant Window World, Inc.'s motion to dismiss, Filing No. 26. Subsequent to the filings of these motions, plaintiff filed an Amended Complaint, Filing No. 29. As a result, all motions are moot at this time. Defendants are free to file appropriate motions or answers as they deem fit with regard to the Amended Complaint. THEREFORE, IT IS ORDERED THAT: Defendant's motion to dismiss, Filing No. 21, is denied as moot; Defendant's motion to dismiss, Filing No. 26, is denied as moot. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing 33
TEXT ORDER granting #32 Motion to Extend. Defendant Window World shall file its answer or otherwise respond to plaintiff's amended complaint, on or before 4/6/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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| Filing 32 MOTION to Extend Time to File Answer or Other Responsive Pleading by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
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Filing 31
TEXT ORDER granting #30 Motion for Extension of Time to File a Responsive Pleading. Associated Materials, LLC shall file its answer or response on or before 4/6/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) Modified on 3/2/2016 to add TEXT to the entry as a PDF document is not attached (ADB).
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| Filing 30 MOTION for Extension of Time to File a Responsive Pleading by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 29 AMENDED COMPLAINT with with jury demand against Defendant All Defendants, by Attorney Jonathan E. Fortman on behalf of Betty Muhr-Bendfeldt, Mike Bendfeldt(Fortman, Jonathan) |
| Filing 28 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc.. (Attachments: #1 Exhibit A - Vickers Declaration, #2 Exhibit B Kilby Declaration, #3 Exhibit C - Curan Declaration)(Futhey, Robert) |
| Filing 27 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 25 APPLICATION/ORDER admitting pro hac vice Attorney Guenther K. Fanter for Defendant Associated Materials, LLC. Ordered by Deputy Clerk. (LAC) |
| Filing 24 APPLICATION/ORDER admitting pro hac vice Attorney Ernest E. Vargo for Defendant Associated Materials, LLC. Ordered by Deputy Clerk. (LAC) |
| Filing 23 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 , Brief #22 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC. (Attachments: #1 Exhibit Declaration)(Tricker, Edward) |
| Filing 22 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
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Filing 18
AMENDED TEXT ORDER granting #13 unopposed Motion for Extension of Time to File a Responsive Pleading. Associated Materials, LLC answer or response due 1/29/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) Modified on 12/23/2015 to correct discrepancy (ARL, ).
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Filing 17
TEXT ORDER granting #11 unopposed Motion for Extension of Time to File a Responsive Pleading. Window World, Inc. answer or response due 1/29/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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| Filing 16 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Associated Materials, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 15 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Window World, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
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Filing 14
REASSIGNMENT ORDER - IT IS ORDERED that this case is reassigned to Magistrate Judge F.A. Gossett, III, for judicial supervision and processing of all pretrial matters and remains assigned to the undersigned for disposition. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) |
| Filing 12 NOTICE of Appearance by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC (Tricker, Edward) |
| Filing 11 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading to January 29, 2016 by Attorney Michael F. Coyle on behalf of Defendant Window World, Inc..(Coyle, Michael) |
| Filing 10 NOTICE of Appearance by Attorney Steve A. Miller on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt (Miller, Steve) |
| Filing 9 APPLICATION/ORDER admitting pro hac vice Attorney Judson A. Welborn for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) |
| Filing 8 APPLICATION/ORDER admitting pro hac vice Attorney Jessica B. Vickers for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) |
| Filing 7 APPLICATION/ORDER admitting pro hac vice Attorney Natalie M. Rice for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) |
| Filing 6 APPLICATION/ORDER admitting pro hac vice Attorney Michael T. Medford for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) |
| Filing 5 Summons Issued as to defendant Associated Materials, LLC and Window World, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LAC) |
| Filing 4 Summons Requested as to Associated Materials, LLC regarding Complaint #1 . (Fortman, Jonathan) |
| Filing 3 Summons Requested as to Window World, Inc. regarding Complaint #1 . (Fortman, Jonathan) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (KLF) |
| Filing 1 COMPLAINT with jury demand against Associated Materials LLC, Window World, Inc. ( Filing fee $ 400, receipt number 0867-3056177), by Attorney Jonathan E. Fortman on behalf of Betty Muhr-Bendfeldt, Mike Bendfeldt(Fortman, Jonathan) |
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