ECR Home Concepts, LLC et al v. MDR United, LLC et al
| ECR HOME CONCEPTS, LLC, Prop & Wings, LLC, Lanoga Investment Company and Innovation Brands LLC |
| MDR United, LLC, Joshua Hoffmann, Anthony Spagnola, Brandon Zurek and Josh Skolnick |
| 8:2025cv00708 |
| December 10, 2025 |
| U.S. District Court for the District of Nebraska |
| Brian C Buescher |
| Ryan C Carson |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing 58
TEXT ORDER granting #56 Unopposed Motion for Leave. Defendants' reply brief in support of the Motion to Dismiss may exceed the word limit by 500 words. Ordered by Magistrate Judge Ryan C. Carson. (CEW)
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| Filing 57 REPLY BRIEF in support of Defendants' Motion to Dismiss Plaintiffs Complaint by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, Brandon Zurek. (Attachments: #1 Exhibit Certificate of Service, #2 Exhibit Certificate of Compliance)(Alexander, Christopher) |
| Filing 56 MOTION for Leave to File a Reply in Excess of the Word Limit by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, Brandon Zurek. (Attachments: #1 Exhibit Exhibit A - Reply, #2 Exhibit Certificate of Service, #3 Text of Proposed Order Proposed Order)(Alexander, Christopher) |
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Filing 55
ORDER FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO PLAINTIFF INNOVATION BRANDS AND DEFENDANT THOMAS RICKETTS - IT IS ORDERED that Plaintiff Innovation Brands' Notice of Voluntary Dismissal Without Prejudice, Filing 53, is accepted, and all claims by Plaintiff Innovation Brands and all claims against Defendant Thomas Ricketts are dismissed without prejudice. Ordered by Judge Brian C. Buescher. (TCL)
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| Filing 54 RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Motion to Dismiss Plaintiffs Complaint for Failure to State a Claim Against All Defendants and for Lack of Personal Jurisdiction Over Defendants Josh Skolnick, Anthony Spagnola, and Joshua H #43 by Attorney Robert M. Gallinar on behalf of Plaintiffs ECR Home Concepts, LLC, Lanoga Investment Company, Prop & Wings, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit A)(Gallinar, Robert) |
| Filing 53 NOTICE of Case Dismissal without Prejudice by Attorney Robert M. Gallinar on behalf of Plaintiff Innovation Brands LLC (Gallinar, Robert) |
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Filing 52
TEXT ORDER granting 51 Email Motion. Plaintiffs' brief in response to the pending Motion to Dismiss is now due on or before March 31, 2026, Defendants' reply deadline of April 10, 2026, is unchanged. Ordered by Magistrate Judge Ryan C. Carson. (CEW)
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| Filing 51 TEXT EMAIL MOTION for approval of the parties' stipulated briefing schedule as to Defendants' Motion to Dismiss, sent by Attorney Robert M. Gallinar on behalf of Plaintiff ECR Home Concepts, LLC. (CEW) |
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Filing 50
TEXT ORDER granting 49 Email Motion. Plaintiffs' brief in response to the pending Motion to Dismiss is now due on or before March 27, 2026, Defendants' reply is now due on or before April 10, 2026. Ordered by Magistrate Judge Ryan C. Carson. (CEW)
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| Filing 49 TEXT EMAIL MOTION for approval of the parties' stipulated briefing schedule as to Defendants' Motion to Dismiss, sent by Attorney Robert M. Gallinar on behalf of Plaintiff ECR Home Concepts, LLC. (CEW) |
| Filing 48 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent JEZ Investments, LLC, Corporate Parent JEZ Investments, LLC, Corporate Parent JS Equity Holdings, LLC, Corporate Parent JS Equity Holdings, LLC for Anthony Spagnola, Brandon Zurek, Josh Skolnick, Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts Jr.. by Attorney JoyAnn Kenny on behalf of Defendants Joshua Hoffmann, Brandon Zurek, Anthony Spagnola, Josh Skolnick, Thomas T. Ricketts, Jr., MDR United, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JEZ Investments, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, JS Equity Holdings, LLC, Skolnick Holdings, LLC., Skolnick Holdings, LLC..(Kenny, JoyAnn) |
| Filing 47 TEXT ORDER granting Motion for Admission Pro Hac Vice #45 for attorney JoyAnn Kenny. Ordered by Deputy Clerk. (LKO) |
| Filing 46 NOTICE of Appearance by Attorney JoyAnn Kenny on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick (Kenny, JoyAnn) |
| Filing 45 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-5513966 by Attorney JoyAnn Kenny on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, Brandon Zurek. (Attachments: #1 Supplement)(Kenny, JoyAnn) |
| Filing 44 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant MDR United, 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.(TJM) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Motion to Dismiss Plaintiffs Complaint for Failure to State a Claim Against All Defendants and for Lack of Personal Jurisdiction Over Defendants Josh Skolnick, Anthony Spagnola, and Joshua Hoffmann by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, Brandon Zurek. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order, #3 Certificate of Service, #4 Certificate of Compliance, #5 Affidavit, #6 Affidavit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Alexander, Christopher) |
| Filing 42 TEXT ORDER granting Motion for Admission Pro Hac Vice #41 for attorney Christopher B. Alexander. Ordered by Deputy Clerk. (LKO) |
| Filing 41 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-5501809 by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, Brandon Zurek. (Attachments: #1 Supplement)(Alexander, Christopher) |
| Filing 40 SUMMONS Returned Executed upon defendant Josh Skolnick. (Attachments: #1 Supplement USPS Signed Receipt, #2 Affidavit USPS Tracking)(Polack, James) |
| Filing 39 SUMMONS Returned Executed upon defendant Brandon Zurek. (Attachments: #1 Exhibit Sheriff Return)(Polack, James) |
| Filing 38 WAIVER OF SERVICE Returned Executed upon defendant Thomas T. Ricketts, Jr.. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 37 WAIVER OF SERVICE Returned Executed upon defendant MDR United, LLC. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 36 WAIVER OF SERVICE Returned Executed upon defendant Joshua Hoffmann. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 35 WAIVER OF SERVICE Returned Executed upon defendant Josh Skolnick. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 34 WAIVER OF SERVICE Returned Executed upon defendant Brandon Zurek. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 33 WAIVER OF SERVICE Returned Executed upon defendant Anthony Spagnola. Waiver sent on 12/22/2025. (Gallinar, Robert) |
| Filing 32 SUMMONS Returned Executed upon defendant Brandon Zurek on 1/23/2026. (Attachments: #1 Affidavit of Mailing to Brandon Zurek)(Polack, James) |
| Filing 31 Summons Issued as to defendant Brandon Zurek. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GR) |
| Filing 30 Summons Requested as to Brandon Zurek regarding Order on Motion for Miscellaneous Relief, #29 . (Polack, James) |
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Filing 29
ORDER Plaintiff's Motion for Substitute Service is granted. (Filing No. #28 ) Plaintiffs may accomplish service upon defendant Brandon Zurek by leaving process at his usual place of residence, mailing a copy by first-class mail to his last-known address, and promptly filing an affidavit of service. Ordered by Magistrate Judge Ryan C. Carson. (LRM)
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| Filing 28 MOTION Substitute Service regarding Summons Returned Unexecuted #21 re: Def. Brandon Zurek by Attorney James Polack on behalf of Plaintiff ECR Home Concepts, LLC.(Polack, James) |
| Filing 27 Summons Issued as to defendant Josh Skolnick. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (RJS) |
| Filing 26 Summons Requested as to regarding Complaint,, #1 . (Polack, James) |
| Filing 25 SUMMONS Returned Executed upon defendant Anthony Spagnola on 1/5/2026. (Polack, James) |
| Filing 24 SUMMONS Returned Executed upon defendant MDR United, LLC on 12/30/2025. (Polack, James) |
| Filing 23 SUMMONS Returned Executed upon defendant Joshua Hoffmann on 12/23/2025. (Polack, James) |
| Filing 22 SUMMONS Returned Executed upon defendant Thomas T. Ricketts, Jr. on 12/15/2025. (Polack, James) |
| Filing 21 Summons Returned Unexecuted as to defendant Brandon Zurek. (Polack, James) |
| Filing 20 Summons Returned Unexecuted as to defendant Josh Skolnick. (Polack, James) |
| Filing 19 Summons Returned Unexecuted as to defendant MDR United, LLC. (Polack, James) |
| Filing 18 TEXT ORDER granting Motion for Admission Pro Hac Vice #13 for attorney Robert M. Einhorn. Ordered by Deputy Clerk. (LKO) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert M. Gallinar on behalf of Plaintiff Prop & Wings, LLC.(Gallinar, Robert) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert M. Gallinar on behalf of Plaintiff Lanoga Investment Company.(Gallinar, Robert) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert M. Gallinar on behalf of Plaintiff Innovation Brands LLC.(Gallinar, Robert) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert M. Gallinar on behalf of Plaintiff ECR Home Concepts, LLC.(Gallinar, Robert) |
| Filing 13 MOTION for Admission Pro Hac Vice Robert M. Einhorn Filing fee $ 100, receipt number ANEDC-5474212 by Attorney Robert M. Einhorn on behalf of Plaintiffs ECR Home Concepts, LLC, Innovation Brands LLC, Lanoga Investment Company, Prop & Wings, LLC. (Attachments: #1 Exhibit Exhibit 1)(Einhorn, Robert) |
| Filing 12 TEXT ORDER granting Motion for Admission Pro Hac Vice #11 for attorney Robert (Roberto) M. Gallinar. Ordered by Deputy Clerk. (LKO) |
| Filing 11 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-5469270 by Attorney Roberto M. Gallinar on behalf of Plaintiffs ECR Home Concepts, LLC, Innovation Brands LLC, Lanoga Investment Company, Prop & Wings, LLC.(Gallinar, Roberto) |
| Filing 10 Summons Issued as to defendants Joshua Hoffmann, MDR United, LLC, Thomas T. Ricketts, Jr., Josh Skolnick, Anthony Spagnola, and Brandon Zurek. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GR) |
| Filing 9 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Prop & Wings, 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.(GR) |
| Filing 8 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Lanoga Investment Company. 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.(GR) |
| Filing 7 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Innovation Brands 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.(GR) |
| Filing 6 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff ECR Home Concepts, 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.(GR) |
| Filing 5 ATTORNEY LETTER by Clerk that Attorney Robert M. Gallinar has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (GR) |
| Filing 4 ATTORNEY LETTER by Clerk that Attorney Robert M. Einhorn has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (GR) |
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Ryan C. Carson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (GR) |
| Filing 2 Summons Requested as to MDR UNITED, LLC, JOSHUA HOFFMANN, BRANDON ZUREK, JOSH SKOLNICK, ANTHONY SPAGNOLA, THOMAS T. RICKETTS, JR. regarding Complaint,, #1 .(), SERVICE by Publication upon defendant All Defendants. (Polack, James) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405, receipt number ANEDC-5465449), by Attorney James Polack on behalf of ECR HOME CONCEPTS, LLC (Attachments: #1 Exhibit Exhibit "A" to Complaint, #2 Exhibit Exhibit "B" to Complaint, #3 Exhibit Exhibit "C" to Complaint, #4 Exhibit Exhibit "D" to Complaint, #5 Civil Cover Sheet Cover Sheet, #6 Supplement Summons - MDR, #7 Supplement Summons - Hoffmann, #8 Supplement Summons - Zurek, #9 Supplement Summons - Skolnick, #10 Supplement Summons - Spagnola, #11 Supplement Summons - Ricketts)(Polack, James) |
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