Middleton et al v. Complete Nutrition Franchising, LLC
| Bright Future Holdings, LLC, Harvester Nutrition, LLC, Herman Hourie, Katherina Jerak, M.G. Nutrition, LLC, Donovan Middleton, Nutrition Castle, LLC, Edgar Rojas, Christina Soares, Vivify, Inc. and Warrior Fitness & Nutrition, LLC |
| Complete Nutrition Franchising, LLC |
| 8:2018cv00115 |
| March 9, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Susan M. Bazis |
| Robert F. Rossiter |
| Contract: Franchise |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
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Filing
72
MEMORANDUM AND ORDER that the plaintiffs' Motions to Alter or Amend Judgment and for Leave to File Second Amended Complaint (Filing No. 69 in 8:18CV115, 8:18CV543, 8:18CV545, 8:18CV547, 8:18CV548 and 8:18CV549; Filing No. 73 in 8:18CV544; Filing No. 70 in 8:18CV546) are denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
44
ORDER - Defendant's Motion to Sever (Filing No. 28 ) is granted. Plaintiffs will be required to prosecute their claims in eight separate actions to be grouped as follows: (a) claims brought by Middleton and Harvester; (b) claims brought by Roja s and Soares; (c) claims brought by Hourie and Nutrition Castle; (d) claims brought by Bright Future; (e) claims brought by Vivify; (f) claims brought by Warrior Fitness; (g) claims brought by Jerak; and (h) claims brought by M.G. The Clerk of Court is directed to modify the docket sheet to reflect that Middleton and Harvester are the plaintiffs in this case. The Clerk of Court shall then open seven new case files which shall be captioned to reflect the groupings of plaintiffs as set forth in Pa ragraph 1 above. The Clerk of Court shall copy all docket entries from the present file into each of the new case files and docket this Order in all cases. These cases should be denoted as being related and be assigned to the same judges. Plaintiffs shall file an amended complaint in their respective actions by December 20, 2018. Each amended complaint must be specific to the claims of only the named plaintiff(s) in that specific case. Defendant shall have 21 days to file an answer in each case. Plaintiffs' Motion to Amend (Filing No. 36 ) is denied as moot. Defendant's Motion for More Definite Statement (Filing No. 26 ) is denied as moot. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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