JMR Capital Holdings, Inc. et al v. MDR United, LLC et al
| JMR Capital Holdings, Inc., MSG Contracting, Corp., Scale Beyond, LLC and On Top Roofing, Corp. |
| MDR United, LLC, Joshua Hoffmann, Brandon Zurek, Josh Skolnick, Luke Schwartz, Chris Phalen and Thomas Ricketts |
| 8:2026cv00513 |
| September 4, 2026 |
| U.S. District Court for the District of Nebraska |
| Michael D Nelson |
| Robert F Rossiter |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 47 MOTION for Extension of Time to File a Responsive Pleading Defendants Unopposed Motion for Extension of Time to File Motion to Dismiss and to Set Related Briefing Schedule by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Chris Phalen, Thomas Ricketts, Luke Schwartz, Josh Skolnick, Brandon Zurek. (Attachments: #1 Exhibit Cert of Service, #2 Text of Proposed Order Proposed Order)(Alexander, Christopher) |
| Filing 46 NOTICE of Related Case by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Chris Phalen, Thomas Ricketts, Luke Schwartz, Josh Skolnick, Brandon Zurek (Alexander, Christopher) |
| Filing 45 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Joshua Skolnick, Corporate Parent JEZ Investments, LLC, Corporate Parent JS Equity Holdings, LLC, Corporate Parent Skolnick Holdings, LLC., Corporate Parent Patrick Kiessling, Corporate Parent Jon Sabo for MDR United, LLC. by Attorney Christopher B. Alexander on behalf of Defendants MDR United, LLC, JEZ Investments, LLC, JS Equity Holdings, LLC, Patrick Kiessling, Skolnick Holdings, LLC., Joshua Skolnick, Jon Sabo.(Alexander, Christopher) |
| Filing 44 NOTICE of Appearance for Christopher Alexander by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Chris Phalen, Thomas Ricketts, Luke Schwartz, Josh Skolnick, Brandon Zurek (Alexander, Christopher) |
| Filing 43 MOTION for Admission Pro Hac Vice for Christopher Alexander Filing fee $ 100, receipt number ANEDC-5644025 by Attorney Christopher B. Alexander on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Chris Phalen, Thomas Ricketts, Luke Schwartz, Josh Skolnick, Brandon Zurek. (Attachments: #1 Affidavit Declaration of Chris Alexander)(Alexander, Christopher) |
| Filing 42 NOTICE of Appearance as Co-Counsel on Behalf of Defendants by Attorney Heidi V. Mickelson on behalf of Defendants Joshua Hoffmann, MDR United, LLC, Chris Phalen, Thomas Ricketts, Luke Schwartz, Josh Skolnick, Brandon Zurek (Mickelson, Heidi) |
| Filing 41 NOTICE of Appearance by Attorney Olivia F. Stanek on behalf of Defendant MDR United, LLC (Stanek, Olivia) |
| Filing 40 ATTORNEY LETTER by Clerk that Attorney Christopher B. Alexander has not registered for admittance to practice. 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. (RMR) |
| Filing 39 ATTORNEY LETTER by Clerk that Attorney JoyAnn Kenny has not registered for admittance to practice. 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. (RMR) |
| Filing 38 ATTORNEY LETTER by Clerk that Attorney Robert M. Gallinar has not registered for admittance to practice. 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. (RMR) |
| Filing 37 ATTORNEY LETTER by Clerk that Attorney Jeffrey D. Catrambone has not registered for admittance to practice nor 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. (RMR) |
| Filing 36 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Scale Beyond, 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.(RMR) |
| Filing 35 TEXT NOTICE OF JUDGES ASSIGNED: District Judge Robert F. Rossiter, Jr. and Magistrate Judge Michael D. Nelson 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. (RMR) |
| Filing 34 Case transferred in from District of New Jersey; Case Number 2:25-cv-18583. Original electronic file received. |
Filing 33
ORDER that Defendant's Motion to Transfer Venue #9 is GRANTED; that this case is transferred to the United States District Court for the District of Nebraska; that Defendants' Motion to Dismiss #9 and Motion for Leave to File Supplemental Authority #26 are DISMISSED as MOOT; that the Clerk of the Court shall CLOSE this case. ***CIVIL CASE TERMINATED. Signed by Judge Jamel K. Semper on 8/31/2026. (sm) [Transferred from New Jersey on 9/9/2026.]
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| Filing 32 OPINION. Signed by Judge Jamel K. Semper on 8/31/2026. (sm) [Transferred from New Jersey on 9/9/2026.] |
| Filing 31 Letter from Plaintiffs' counsel - supplemental authority submission (pending motion to dismiss ECF#9). (Attachments: #1 Exhibit Ex A - MDR United v. Flex Nine Exteriors, #2 Exhibit Ex B - MDR United v. Backporch Partners)(CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 30 Letter from Plaintiffs' counsel re text order ECF#28. (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 29 Letter re 28 Text Order,,,,. (ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
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Filing 28
TEXT ORDER: This Court is in receipt of Defendants' Motion to Transfer Venue (ECF No. 9), Plaintiffs' Opposition (ECF. No. 16), and Defendants' Reply (ECF No. 17.) While Defendants contend that all relevant franchise agreements contain forum selection clauses establishing personal jurisdiction in the United States District Court for the District of Nebraska, this Court notes that the forum selection clause in the JMR Capital Holdings, Inc./Fitzpatrick Agreement establishes personal jurisdiction in the Eastern District of Pennsylvania. (See ECF 1, Ex. A at 18.4; ECF 9-8, Ex. C at 18.4.) The Court directs Defendants to submit a brief letter of no longer than two pages, double-spaced, speaking to this discrepancy and clarifying whether they still intend to move to transfer the entire case to the United States District Court for the District of Nebraska. Defendants shall submit their letter within seven (7) days of the entry of this Order. Plaintiffs are directed to submit a brief letter in reply of no longer than two pages, double-spaced, within seven (7) days of the filing of Defendants' letter. So Ordered by Judge Jamel K. Semper on 8/13/2026. (sms) [Transferred from New Jersey on 9/9/2026.]
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| #26 MOTION for Leave to File Supplemental Authority no longer referred to the Magistrate Judge. Motion to be decided by the District Judge. (jqb, ) [Transferred from New Jersey on 9/9/2026.] |
| Filing 27 NOTICE by All Defendants re #26 MOTION for Leave to File Supplemental Authority Exhibit A (KENNY, JOYANN) [Transferred from New Jersey on 9/9/2026.] |
| Filing 26 MOTION for Leave to File Supplemental Authority by All Defendants. (Attachments: #1 Supplement, #2 Text of Proposed Order, #3 Certificate of Service, #4 Statement)(KENNY, JOYANN) [Transferred from New Jersey on 9/9/2026.] |
| Set Deadlines as to #26 MOTION for Leave to File Supplemental Authority. Motion set for 9/8/2026 before Magistrate Judge Michael A. Hammer. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) [Transferred from New Jersey on 9/9/2026.] |
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Filing 25
ORDER granting Defendants' #20 Motion to Stay Discovery pending resolution of the motion to dismiss; directing parties to submit a joint status report, including revised proposed discovery deadlines, if necessary, within 14 days of the ruling on the motion to dismiss. Signed by Magistrate Judge Michael A. Hammer on 7/29/2026. (sks) [Transferred from New Jersey on 9/9/2026.]
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| Filing 24 REPLY BRIEF to Opposition to Motion filed by All Defendants re #20 MOTION to Stay Discovery (Attachments: #1 Certificate of Service)(KENNY, JOYANN) [Transferred from New Jersey on 9/9/2026.] |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 7/7/2026. (jqb, ) [Transferred from New Jersey on 9/9/2026.] |
| Filing 23 Joint Discovery Plan by All Defendants.(KENNY, JOYANN) [Transferred from New Jersey on 9/9/2026.] |
| Filing 22 MEMORANDUM in Opposition filed by All Plaintiffs re #20 MOTION to Stay Discovery (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Set Deadlines as to #20 MOTION to Stay Discovery. Motion set for 7/20/2026 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) [Transferred from New Jersey on 9/9/2026.] |
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Filing 21
TEXT ORDER: The Court is aware that Defendant filed a motion to stay discovery pending adjudication of the motion to dismiss/transfer. For the sake of clarity, the Rule 16 scheduling conference will proceed as scheduled on July 7th. The Court will address the stay application during that conference. So Ordered by Magistrate Judge Michael A. Hammer on 6/17/2026. (Hammer, Michael) [Transferred from New Jersey on 9/9/2026.]
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| Filing 20 MOTION to Stay Discovery by JOSHUA HOFFMANN, MDR UNITED, LLC, CHRIS PHALEN, THOMAS RICKETTS, LUKE SCHWARTZ, JOSH SKOLNICK, BRANDON ZUREK. (Attachments: #1 Memorandum Memorandum of Law, #2 Certificate of Service Certificate of Service, #3 Certification Certificate of Compliance, #4 Text of Proposed Order Proposed Order, #5 Appendix Table of Contents and Authorities)(ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
| Filing 19 NOTICE of Appearance by JOYANN KENNY on behalf of All Defendants (KENNY, JOYANN) [Transferred from New Jersey on 9/9/2026.] |
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Filing 18
TEXT ORDER: Virtual Scheduling Conference set for 7/7/2026 at 4:00 p.m. before the Undersigned. The parties shall file a joint discovery plan by 7/2/2026. So Ordered by Magistrate Judge Michael A. Hammer on 5/7/2026. (jqb, ) [Transferred from New Jersey on 9/9/2026.]
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| Filing 17 REPLY to Response to Motion filed by JOSHUA HOFFMANN, MDR UNITED, LLC, CHRIS PHALEN, THOMAS RICKETTS, LUKE SCHWARTZ, JOSH SKOLNICK, BRANDON ZUREK re #9 MOTION to Dismiss Plaintiffs Complaint with Prejudice for Lack of Personal Jurisdiction over Defendants Josh Skolnick, Turp Ricketts, Brandon Zurek, Chris Phalen, Luke Schwartz, and Joshua Hoffmann, and for Failure to State a Claim Against All Defe (Attachments: #1 Certificate of Service Certificate of Service, #2 Exhibit Table of Contents, #3 Exhibit Table of Authorities)(ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
| Filing 16 BRIEF in Opposition filed by All Plaintiffs re #9 MOTION to Dismiss Plaintiffs Complaint with Prejudice for Lack of Personal Jurisdiction over Defendants Josh Skolnick, Turp Ricketts, Brandon Zurek, Chris Phalen, Luke Schwartz, and Joshua Hoffmann, and for Failure to State a Claim Against All Defe (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
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Filing 15
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice as to Robert M. Gallinar, Esquire; granting #11 Motion for Leave to Appear Pro Hac Vice as to Robert M. Einhorn, Esquire. Signed by Magistrate Judge Michael A. Hammer on 03/24/2026. (aji, ) [Transferred from New Jersey on 9/9/2026.]
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Filing 14
STIPULATION AND ORDER amending the Briefing Schedule. Signed by Magistrate Judge Michael A. Hammer on 3/18/2026. (jal, ) [Transferred from New Jersey on 9/9/2026.]
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| Filing 13 Proposed Order by stipulation for filing dates of opposition and reply - Defendants' motion to dismiss (ECF#9) by All Plaintiffs. (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Reset Deadlines as to Plaintiff's letter request Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion (ECF No. #12 ). Motion to Dismiss (ECF No. #9 ) reset for 4/6/2026 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms) [Transferred from New Jersey on 9/9/2026.] |
| Filing 12 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by All Plaintiffs re #9 MOTION to Dismiss Plaintiffs Complaint with Prejudice for Lack of Personal Jurisdiction over Defendants Josh Skolnick, Turp Ricketts, Brandon Zurek, Chris Phalen, Luke Schwartz, and Joshua Hoffmann, and for Failure to State a Claim Against All Defe (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Set Deadlines as to #10 MOTION for Leave to Appear Pro Hac Vice by Robert Gallinar, #11 MOTION for Leave to Appear Pro Hac Vice by Robert Einhorn. Motion set for 4/6/2026 before Magistrate Judge Michael A. Hammer. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, ) [Transferred from New Jersey on 9/9/2026.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice by Robert Einhorn by All Plaintiffs. (Attachments: #1 Statement Verified Statement of Robert Einhorn)(CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice by Robert Gallinar by All Plaintiffs. (Attachments: #1 Statement Verified Statement of Robert Gallinar)(CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Set Deadlines as to #9 MOTION to Dismiss Plaintiffs Complaint with Prejudice for Lack of Personal Jurisdiction over Defendants Josh Skolnick, Turp Ricketts, Brandon Zurek, Chris Phalen, Luke Schwartz, and Joshua Hoffmann, and for Failure to State a Claim Against All Defe. Motion set for 3/16/2026 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, ) [Transferred from New Jersey on 9/9/2026.] |
| Filing 9 MOTION to Dismiss Plaintiffs Complaint with Prejudice for Lack of Personal Jurisdiction over Defendants Josh Skolnick, Turp Ricketts, Brandon Zurek, Chris Phalen, Luke Schwartz, and Joshua Hoffmann, and for Failure to State a Claim Against All Defendants; and Motion to Transfer Plaintiffs Complaint to the United States District Court for the District of Nebraska pursuant to 28 U.S.C. 1404(a) by All Defendants. Responses due by 3/6/2026. (Attachments: #1 Memorandum, #2 Certificate of Service, #3 Text of Proposed Order, #4 Certification, #5 Certification, #6 Exhibit, #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)(ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
| Filing 8 Corporate Disclosure Statement by JOSHUA HOFFMANN, MDR UNITED, LLC, CHRIS PHALEN, THOMAS RICKETTS, LUKE SCHWARTZ, JOSH SKOLNICK, BRANDON ZUREK identifying JEZ Investments as Corporate Parent.. (ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
| Filing 7 NOTICE of Appearance by CHRISTOPHER BRET ALEXANDER on behalf of All Defendants (ALEXANDER, CHRISTOPHER) [Transferred from New Jersey on 9/9/2026.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by SCALE BEYOND, LLC, MSG CONTRACTING, CORP., JMR CAPITAL HOLDINGS, INC., ON TOP ROOFING, CORP.. All Defendants. (Attachments: #1 wavier of service - Hoffmann, #2 waiver of service - Zurek, #3 waiver of service - Skolnick, #4 waiver of service - Phelan, #5 waiver of service - Schwartz, #6 waiver of service - Ricketts)(CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 5 Corporate Disclosure Statement by ON TOP ROOFING, CORP.. (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 4 Corporate Disclosure Statement by MSG CONTRACTING, CORP.. (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 3 Corporate Disclosure Statement by JMR CAPITAL HOLDINGS, INC.. (CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Filing 2 SUMMONS ISSUED as to JOSHUA HOFFMANN, MDR UNITED, LLC, CHRIS PHALEN, THOMAS RICKETTS, LUKE SCHWARTZ, JOSH SKOLNICK, BRANDON ZUREK. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (lag, ) [Transferred from New Jersey on 9/9/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (mj) [Transferred from New Jersey on 9/9/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (lag, ) [Transferred from New Jersey on 9/9/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (mj) [Transferred from New Jersey on 9/9/2026.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 405 receipt number ANJDC-16907326) with JURY DEMAND, filed by SCALE BEYOND, LLC, MSG CONTRACTING, CORP., JMR CAPITAL HOLDINGS, INC., ON TOP ROOFING, CORP.. (Attachments: #1 Civil Cover Sheet)(CATRAMBONE, JEFFREY) [Transferred from New Jersey on 9/9/2026.] |
| Case Assigned to Judge Jamel K. Semper and Magistrate Judge Michael A. Hammer. (ps) [Transferred from New Jersey on 9/9/2026.] |
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