McIntosh v. Suprenant, et al
| Scott McIntosh |
| Pike Industries, Inc., R.H. White Construction Co., Inc., Brox Industries, Inc., Scott Suprenant and SRS & Sons Hauling, LLC |
| 1:2017cv00206 |
| May 24, 2017 |
| US District Court for the District of New Hampshire |
| Concord Office |
| Paul J Barbadoro |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 13, 2017. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (vln) |
| Filing 20 STIPULATION of Dismissal with Prejudice by Scott McIntosh(Marr, J.) |
| NOTICE of Filing Error re: #19 MOTION to Dismiss filed by Scott Suprenant, #18 MOTION to Appoint Counsel filed by Scott Suprenant. The motions fail to comply for the following reasons: 1. No certificate of service included. 2. No signature included. Every pleading, written motion, and other paper must be signed (See. Fed.R.Civ.P. 11). 3. LR 7.1 - No memorandum or statement explaining why none is necessary was filed. 4. LR 7.1 - No statement of concurrence included. Filer shall supplement Docs. 18 and 19 by the compliance deadline or the motions may be stricken from the record. For help, see pages 15 and 16 of the Pro Se Guide. Compliance Deadline set for 9/14/2017.(vln) |
| Filing 19 MOTION to Dismiss filed by Scott Suprenant. Follow up on Objection on 9/20/2017. (vln) |
| Filing 18 MOTION to Appoint Counsel filed by Scott Suprenant. Follow up on Objection on 9/21/2017. (vln) Modified on 9/7/2017 to correct date filed.(vln). |
| RESCHEDULING NOTICE of Hearing. Pretrial Conference set for 9/18/2017 11:00 AM before Magistrate Judge Andrea K. Johnstone.(vln) |
| Deadline Notice: Discovery Plan due by 9/11/2017. (vln) |
ENDORSED ORDER denying #17 Motion for to Represent SRS & Son Hauling LLC pro se. Text of Order: Pursuant to Local Rule 83.6(c), a corporation, unincorporated association, or trust may not appear in any action pro se. SRS Hauling & Sons, LLC is granted an extension of time to secure legal counsel and for counsel to file an appearance on behalf SRS Hauling & Sons, LLC, up to and including September 15, 2017. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| Filing 17 MOTION to Represent SRS & Son Hauling LLC pro se, filed by Scott Suprenant. Follow up on Objection on 8/10/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(vln) |
| Filing 16 ANSWER to #10 Amended Complaint filed by Pike Industries, Inc..(Caterine, Melinda) |
| Filing 15 NOTICE of Attorney Appearance by Richard J. Marks on behalf of Pike Industries, Inc. Attorney Richard J. Marks added to party Pike Industries, Inc.(pty:dft).(Marks, Richard) |
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ENDORSED ORDER granting #12 Motion to Extend Time to Answer re #10 Amended Complaint.. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 7/20/2017. (vln)
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ENDORSED ORDER re: #14 Answer to Amended Complaint. Text of Order: Pursuant to Local Rule 83.6(c), a corporation, unincorporated association, or trust may not appear in any action pro se. Accordingly, counsel shall file an appearance on behalf SRS Hauling & Sons, LLC within twenty one (21) days of the date of this order. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| RESCHEDULING NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 8/28/2017 11:30 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 8/21/2017. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
| Filing 14 ANSWER to #10 Amended Complaint by Scott Suprenant.(vln) |
| Filing 13 CERTIFICATE OF SERVICE by Scott McIntosh re: #10 Amended Complaint (Marr, J.) |
| NOTICE of ECF Filing Error re: #10 Amended Complaint filed by Scott McIntosh. No certificate of service. Filer shall file a certificate of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7733. Notice of Compliance Deadline set for 7/12/2017.(vln) |
| Filing 12 MOTION to Extend Time to Answer or Respond to Plaintiff's Amended Verified Complaint filed by Pike Industries, Inc.. Follow up on Objection on 7/13/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Caterine, Melinda) |
| Filing 11 ANSWER to #10 Amended Complaint with jury demand filed by Brox Industries, Inc..(Hyder, Henry) |
| NOTICE OF ERRONEOUS PAYMENT: Scott McIntosh submitted an erroneous payment in the amount of $400.00, receipt no. 0102-1529614, re #10 Amended Complaint. To request a refund, the filer shall complete the #Request for Refund Form available on the court's website and submit it to the clerk's office either via email or conventionally in paper. (mc) |
| Filing 10 AMENDED COMPLAINT against All Defendants with jury demand filed by Scott McIntosh.(Marr, J.) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 7/28/2017 11:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan due by 7/21/2017. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
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ENDORSED ORDER granting #7 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Miranda S. Jones submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 6/26/2017.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln)
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ENDORSED ORDER denying #4 Motion for More Definite Statement. Text of Order: Motion denied. Plaintiff shall file an amended complaint that complies with the federal rules of civil procedure within 14 days. If the complaint fails to state a viable claim, defendants may file a motion to dismiss. So Ordered by Judge Paul J. Barbadoro.(vln)
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| Filing 9 Addendum/ to #7 MOTION for Miranda S. Jones, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1521327.) by Brox Industries, Inc.. (Hyder, Henry) |
| Filing 8 ANSWER to Complaint with jury demand filed by Brox Industries, Inc..(Hyder, Henry) |
| Filing 7 MOTION for Miranda S. Jones, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1521327.) filed by Brox Industries, Inc.. Follow up on Objection on 6/21/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Miranda S. Jones, Esq.)(Hyder, Henry) |
| Filing 6 Disclosure Statement by Brox Industries, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. Attorney Henry K. Hyder, III added to party Brox Industries, Inc.(pty:dft).(Hyder, Henry) |
| ACTION REQUIRED - NOTICE Nonconforming Document re #7 MOTION for Miranda S. Jones, Esq. to Appear Pro Hac Vice , filed by Brox Industries, Inc. The document fails to comply with the following Local Rule: LR 7.1-No memorandum or statement explaining why none is necessary was filed;LR 7.1-No statement of concurrence was included. File statements as an addendum to the motion using the Other Documents/Addendum event and link filing(s) to document no. 7. The document will remain on file. Please note that unless a document curing the defect is filed by the Compliance Deadline the matter may be referred to a judicial officer for appropriate action. Compliance Deadline set for 6/19/2017.(vln) |
| Filing 5 OBJECTION to #4 MOTION for More Definite Statement with Incorporated Memorandum of Law filed by Scott McIntosh. (Marr, J.) |
| Filing 4 MOTION for More Definite Statement with Incorporated Memorandum of Law filed by Pike Industries, Inc.. Follow up on Objection on 6/15/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Caterine, Melinda) |
| Filing 3 Certified Copies of State Court Record. State Court Case No. 226-2017-CV-00154, Hillsborough South County Superior Court(Caterine, Melinda) |
| Filing 2 Disclosure Statement by Pike Industries, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Caterine, Melinda) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (lml) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion for pro hac vice admission of Miranda S. Jones, Esq., has been received. Unless said motion with the required fee is filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Notice of Compliance Deadline set for 6/26/2017. (lml)
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| NOTICE re #1 Notice of Removal - New Case, filed by Pike Industries, Inc. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Pike Industries, Inc. shall file a disclosure statement by June 1, 2017. Disclosure Statement due 6/1/2017. (lml) |
| NOTICE re #1 Notice of Removal - New Case, filed by Pike Industries, Inc. LR 7.1.1. In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. File Disclosure Statement using the Other Documents/Disclosure Statement event. Brox Industries, Inc. shall file a disclosure statement by June 16, 2017. Disclosure Statement due 6/16/2017. (lml) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:17-cv-206-PB. Please show this number with the judge designation on all future pleadings. (lml) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court, SD, case number 226-2017-cv-00154 (filing fee $400, receipt number 0102-1516182) filed by Pike Industries, Inc. Answer Follow Up on 6/14/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 6/7/2017. (Attachments: #1 Complaint, #2 Notice of Removal - State Court, #3 Notice to Adverse Party re Filing of Removal, #4 Civil Cover Sheet, #5 State Court Cover Letter)(Caterine, Melinda) |
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