Andrews v. Earl's Restaurants USA Inc. et al
Plaintiff: Stephen Andrews
Defendant: Earl's Restaurants Ltd and Earl's Restaurants USA Inc.
Case Number: 1:2019cv00817
Filed: August 6, 2019
Court: US District Court for the District of New Hampshire
Presiding Judge: Paul J Barbadoro
Nature of Suit: Contract: Other
Cause of Action: 28:1442
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2019 Opinion or Order ENDORSED ORDER granting #21 Motion to Continue Pretrial Conference. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Pretrial Conference set for 11/4/2019 10:00 AM before Magistrate Judge Andrea K. Johnstone.(vln)
October 3, 2019 Filing 24 Addendum/ to #23 Addendum Pre Trial Conference by Stephen Andrews. (Andrews, Stephen)
October 1, 2019 Filing 23 Addendum/ to #21 Assented to MOTION to Continue Pre Trial Conference corrected typo by Stephen Andrews. (Andrews, Stephen)
October 1, 2019 Filing 22 REPLY to Objection to Motion re #18 MOTION to Dismiss for Failure to State a Claim filed by Earl's Restaurants Ltd, Earl's Restaurants USA Inc.. Surreply due by 10/7/2019. (Attachments: #1 Exhibit MGL c.266 sec. 37E)(Ramsdell, Michael)
September 30, 2019 Filing 21 Assented to MOTION to Continue Pre Trial Conference filed by Stephen Andrews. Follow up on Objection on 10/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Andrews, Stephen)
September 24, 2019 Filing 20 MOTION for Permanent Injunction filed by Stephen Andrews. Follow up on Objection on 10/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Andrews, Stephen)
September 24, 2019 Filing 19 OBJECTION to #18 MOTION to Dismiss for Failure to State a Claim filed by Stephen Andrews. Follow up on Reply on 10/1/2019. 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 Memorandum of Law MOL Objection Earls LTD MTD)(Andrews, Stephen)
September 17, 2019 Filing 18 MOTION to Dismiss for Failure to State a Claim filed by Earl's Restaurants Ltd, Earl's Restaurants USA Inc.. Follow up on Objection on 10/1/2019. 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 Memorandum of Law)(Ramsdell, Michael)
September 17, 2019 Filing 17 ANSWER to #12 Amended Complaint by Earl's Restaurants Ltd, Earl's Restaurants USA Inc..(Ramsdell, Michael)
September 10, 2019 RESCHEDULING NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference reset for 10/9/2019 11:00 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 10/2/2019. 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.(kad)
September 9, 2019 Opinion or Order ENDORSED ORDER granting #15 Assented to MOTION to Continue Pretrial Conference. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad)
September 6, 2019 Opinion or Order Filing 16 ORDER denying without prejudice #4 Motion to Dismiss for Failure to State a Claim; denying without prejudice #5 Motion to Dismiss for Failure to State a Claim. So Ordered by Judge Paul J. Barbadoro.(vln)
September 6, 2019 Filing 15 Assented to MOTION to Continue Pretrial Conference filed by Earl's Restaurants Ltd, Earl's Restaurants USA Inc.. Follow up on Objection on 9/20/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Ramsdell, Michael)
September 5, 2019 Filing 14 OBJECTION to #4 MOTION to Dismiss for Failure to State a Claim Earls LTD filed by Stephen Andrews. Follow up on Reply on 9/12/2019. 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 Memorandum of Law MOL Objection Earls LTD MTD)(Andrews, Stephen)
September 3, 2019 Filing 13 OBJECTION to #5 MOTION to Dismiss for Failure to State a Claim Fraudulent Misrepresentation Claim filed by Stephen Andrews. Follow up on Reply on 9/10/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Andrews, Stephen)
September 3, 2019 Filing 12 AMENDED COMPLAINT against All Defendants with jury demand filed by Stephen Andrews.(Andrews, Stephen)
September 1, 2019 Filing 11 Return of Service Executed as to All Defendants by Stephen Andrews. Served/Mailed on 7/11/2019. Answer Follow Up on 8/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Andrews, Stephen)
August 30, 2019 Opinion or Order ENDORSED ORDER denying as moot #6 Motion to Extend Time to Answer. Text of Order: The motion is denied as moot. So Ordered by Judge Paul J. Barbadoro.(vln)
August 27, 2019 Opinion or Order ENDORSED ORDER granting #10 Motion TO OBTAIN ECF LOGIN AND PASSWORD. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
August 26, 2019 Filing 10 MOTION TO OBTAIN ECF LOGIN AND PASSWORD filed by Stephen Andrews.(vln)
August 15, 2019 Filing 9 Amended ANSWER to Complaint with jury demand filed by Earl's Restaurants USA Inc..(Ramsdell, Michael)
August 15, 2019 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/27/2019 11:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 9/20/2019. 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)
August 15, 2019 Filing 8 ANSWER to Complaint with jury demand filed by Earl's Restaurants USA Inc..(Ramsdell, Michael)
August 14, 2019 Filing 7 Certified Copies of State Court Record. State Court Case No. 218-2019-cv-00840, Rockingham County Superior Court(Ramsdell, Michael)
August 13, 2019 Filing 6 MOTION to Extend Time to Answer to August 20, 2019 filed by Earl's Restaurants USA Inc.. Follow up on Objection on 8/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Ramsdell, Michael)
August 13, 2019 Filing 5 MOTION to Dismiss for Failure to State a Claim Fraudulent Misrepresentation Claim filed by Earl's Restaurants Ltd, Earl's Restaurants USA Inc.. Follow up on Objection on 8/27/2019. 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 Memorandum of Law)(Ramsdell, Michael)
August 13, 2019 Filing 4 MOTION to Dismiss for Failure to State a Claim filed by Earl's Restaurants Ltd. Follow up on Objection on 8/27/2019. 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 Memorandum of Law, #2 Exhibit Separation and Release Agreement, #3 Exhibit Shadow Equity Agreement)(Ramsdell, Michael)
August 6, 2019 Filing 3 Disclosure Statement by Earl's Restaurants USA Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Ramsdell, Michael)
August 6, 2019 Filing 2 Disclosure Statement by Earl's Restaurants Ltd disclosing no parent company, no publicly traded company, and no merger agreement. (Ramsdell, Michael)
August 6, 2019 NOTICE re: #1 Notice of Removal - New Case, filed by Earl's Restaurants Ltd, Earl's Restaurants USA 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. Earl's Restaurants USA Inc. and Earl's Restaurants Ltd shall file a disclosure statement by August 13, 2019. Disclosure Statement due 8/13/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc)
August 6, 2019 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. (mc)
August 6, 2019 Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:19-cv-817-PB. Please show this number with the judge designation on all future pleadings. (mc)
August 6, 2019 Filing 1 NOTICE OF REMOVAL with Jury Demand from Rockingham County Superior Court, case number 218-2019-cv-00840 (filing fee $400, receipt number 0102-1845177) filed by Earls Restaurants Ltd., Earl's Restaurants USA Inc. Answer Follow Up on 8/27/2019. 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 8/20/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Ramsdell, Michael)

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Defendant: Earl's Restaurants Ltd
Represented By: Michael D. Ramsdell
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Defendant: Earl's Restaurants USA Inc.
Represented By: Michael D. Ramsdell
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Plaintiff: Stephen Andrews
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