Schurr v. Twin Restaurant LV-2, LLC et al
| Frank Schurr |
| Twin Restaurant LV-2, LLC, Twin Restaurant Holding, LLC, Fat Brands, Inc., Twin Restaurant LV-2, LLC doing business as Twin Peaks and Twin Restaurant LV-1, LLC doing business as Twin Peaks |
| 2:2022cv01759 |
| October 19, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Cristina D Silva |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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Filing 22
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (LOE)
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Filing 21
ORDER Granting #19 Discovery Plan and Scheduling Order. Discovery due by 6/16/2023. Motions due by 7/14/2023. Proposed Joint Pretrial Order due by 8/11/2023. Signed by Magistrate Judge Daniel J. Albregts on 11/16/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 20
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 11/16/2022. Re: #17 Stipulation to stay discovery. Having reviewed the parties' stipulation to stay discovery, the Court finds that it lacks sufficient points and authorities for the Court to decide it. The Court has adopted the good cause analysis for determining motions to stay discovery, as outlined in Scharder v. Wynn , No. 2:19-cv-02159-JCM-BNW, 2021 WL 4810324, at *4 (D. Nev. Oct. 14, 2021). That analysis requires the Court to determine whether: (1) the pending motion can be decided without further discovery; and (2) good cause exists to stay discovery. Id. On the argument provided, the Court cannot conduct this analysis. IT IS THEREFORE ORDERED that the stipulation #17 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 19
Proposed Stipulated Discovery Plan and Scheduling Order by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC.. (Lowry, Michael)
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Filing 18
Joint STATUS REPORT by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC.. (Lowry, Michael)
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Filing 17
STIPULATION TO STAY DISCOVERY for Twin Restaurant Holding, LLC and Fat Brands, Inc. by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC. (Lowry, Michael) (stay) (nondispositive)
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Filing 16
REPLY to Response to #2 Motion to Dismiss, by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-1, LLC, Twin Restaurant LV-2, LLC. (Attachments: #1 Exhibit 1)(Lowry, Michael)
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Filing 15
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/8/2022. In light of plaintiff Frank Schurr seeking to #14 withdraw his motion to remand and for attorney fees and costs, IT IS HEREBY ORDERED that plaintiff's withdrawal is granted and the motion to remand #10 is DENIED as moot. IT IS FURTHER ORDERED that the hearing scheduled for November 21, 2022, at 10:00 a.m. is vacated.(no image attached)(Copies have been distributed pursuant to the NEF - JLB)
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Filing 14
WITHDRAWAL of #10 Motion to Remand to State Court, by Plaintiff Frank Schurr. (Trummell, James)
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Filing 13
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/3/2022. NOTICE SETTING HEARING: IT IS HEREBY ORDERED that, based on plaintiff's representation that a more junior lawyer will present oral argument, a hearing on plaintiff's #10 motion to remand to state court is set for November 21, 2022, at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. IT IS FURTHER ORDERED that plaintiff's #9 motion will be STRICKEN from the record. The clerk of court noted that plaintiff's #9 motion was a misfiling; the corrected entry and operative motion can be found at #10 . (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
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Filing 12
RESPONSE to #10 Motion to Remand to State Court, by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-1, LLC, Twin Restaurant LV-2, LLC. Replies due by 11/10/2022. (Lowry, Michael)
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Filing 11
RESPONSE to #2 Motion to Dismiss, by Plaintiff Frank Schurr. Replies due by 11/9/2022. (Attachments: #1 Exhibit Franchise Disclosure Document, #2 Exhibit Twin Peaks Franchise Training Process)(Bolick, Nicole)
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Filing 10
MOTION to Remand to State Court by Plaintiff Frank Schurr. Responses due by 11/16/2022. (Attachments: #1 Exhibit 1 - Nevada Secretary of State Business Entity Search for Twin Peaks LV-2, #2 Exhibit 2 - Declaration of Clay Mingus)(Bolick, Nicole)
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Filing 9
STRICKEN per 13 RESPONSE to #2 Motion to Dismiss, by Plaintiff Frank Schurr. Replies due by 11/9/2022. (Attachments: #1 Exhibit 1 - Nevada Secretary of State Business Entity Search for Twin Peaks LV-2, #2 Exhibit 2 - Declaration of Clay Mingus)(Bolick, Nicole) Modified on 11/3/2022 delink entry from #2 (WJ). Modified on 11/4/2022 (WJ). Modified on 11/4/2022 (LOE).
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Filing 8
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 10/25/2022. Re: #3 Motion to stay discovery. Under LR 26-6, the Court will not consider discovery motions unless the movant "has made a good-faith effort to meet and confer as defined in LR IA 1-3(f) before filing the motion..." The Court also finds a meet and confer to be appropriate for this motion under LR 16-1(d). The Court encourages the parties to attempt to stipulate. IT IS THEREFORE ORDERED that the motion to stay discovery #3 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 7
CERTIFICATE of Interested Parties by Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Twin Restaurant Investment Company II, LLC, Corporate Parent Twin Restaurant Development, LLC, Corporate Parent Twin Peaks Buyer, LLC, Corporate Parent FAT Brands Twin Peaks I, LLC for Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC added.. (Lowry, Michael)
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Filing 6
STATEMENT REGARDING REMOVAL by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC, Twin Restaurant LV-2, LLC.. (Lowry, Michael)
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Filing 5
STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 4
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/20/2022. Statement regarding removed action is due by 11/4/2022. Joint Status Report regarding removed action is due by 11/19/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (HAM)
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Filing 3
MOTION to Stay Discovery by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC. Responses due by 11/2/2022. (Lowry, Michael)
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Filing 2
MOTION to Dismiss by Defendants Fat Brands, Inc., Twin Restaurant Holding, LLC. Responses due by 11/2/2022. Discovery Plan/Scheduling Order due by 12/3/2022. (Attachments: #1 Declaration)(Lowry, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-22-856896-C, (Filing fee $ 402 receipt number ANVDC-7087338) by Twin Restaurant Holding, LLC, Fat Brands, Inc., Twin Restaurant LV-2, LLC. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Twin Restaurant LV-2's Answer, #4 Twin Restaurant LV-2's Jury Demand, #5 Arb Petition, #6 Dismissal as to Twin Restaurant LV-1, LLC) (Lowry, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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