Rubygold Main Holdings, LLC v. Brian Gardner Carpentry, LLC

Justia Dockets & Filings First Circuit New Hampshire District Court Rubygold Main Holdings, LLC v. Brian Gardner Carpentry, LLC

Rubygold Main Holdings, LLC v. Brian Gardner Carpentry, LLC

Plaintiff:	Rubygold Main Holdings, LLC
Defendant:	Brian Gardner Carpentry, LLC
Case Number:	1:2020cv01006
Filed:	October 2, 2020
Court:	US District Court for the District of New Hampshire
Presiding Judge:	Joseph N Laplante
Nature of Suit:	Real Property: Other
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 25, 2020	Filing 26 MEMORANDUM re #4 MOTION for Preliminary Injunction , Addressing Issues Identified by the Court in Docket 23, filed by Brian Gardner Carpentry, LLC. (Whittington, W.)
November 13, 2020	Filing 25 BRIEF/MEMORANDUM re #23 Stipulation by Rubygold Main Holdings, LLC (Attachments: #1 Exhibit A Timeline, #2 Exhibit (Affidavit) B Affidavit of Edmond J. Ford)(McDonald, Marc)
November 13, 2020	Filing 24 MOTION Plaintiff's Motion for Application of Twenty Five Page Limit for Plaintiff's Memorandum Submitted Pursuant to D.E. 23 filed by Rubygold Main Holdings, LLC.Follow up on Objection on 11/30/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(McDonald, Marc)
November 13, 2020	ENDORSED ORDER granting #24 Motion for for Application of Twenty Five Page Limit. Text of Order: Plaintiffs motion for application of twenty five page limit (doc. no. 24) is granted. The court will apply a 25-page limit to the plaintiffs supplemental memorandum and accept the memorandum and exhibits A and B thereto as filed by the plaintiff (doc. no. 25). The defendant shall have the same page limit for its responsive memorandum. So Ordered by Judge Joseph N. Laplante.(cmp)
November 5, 2020	Filing 23 STIPULATION re: Stipulation of the Parties with Respect to Briefing Schedule and Staying Certain Deadlines by Rubygold Main Holdings, LLC(McDonald, Marc)
November 5, 2020	ENDORSED ORDER approving #23 Stipulation re: Stipulation of the Parties. Text of Order: Approved. So Ordered by Judge Joseph N. Laplante.(jb)
November 3, 2020	Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 11/3/2020. Counsel to confer and file stipulation by noon on Thursday 11/5/2020. (Pltfs Atty: Marc McDonald, Esq.) (Defts Atty: W. E. Whittington, Esq.)(Total Hearing Time: 14 minutes) (cmp)
November 3, 2020	Filing 22 Final Witness List and Exhibit List by Rubygold Main Holdings, LLC. (McDonald, Marc)
October 30, 2020	Filing 21 SURREPLY to Reply to #4 MOTION for Preliminary Injunction filed by Brian Gardner Carpentry, LLC. (Attachments: #1 Exhibit 10 - Marked Up Statement identifying Invoices)(Whittington, W.)
October 29, 2020	Filing 20 REPLY to Objection to Motion re #4 MOTION for Preliminary Injunction filed by Rubygold Main Holdings, LLC. Surreply due by 11/3/2020. (Attachments: #1 Exhibit A Mechanic's Lien Affidavit 2-6-13, #2 Exhibit B Mechanic's Lien Affidavit 3-29-13, #3 Exhibit C Mechanic's Lien Affidavit 5-18-13, #4 Exhibit D Mechanic's Lien Affidavit 7-18-13, #5 Exhibit E Page 3 of Mortgage)(McDonald, Marc) Modified on 11/3/2020 to add link to #4 : (cmp).
October 29, 2020	Filing 19 Assented to MOTION for Leave to File Reply to Defendant's Objection to Plaintiff's Motion for Preliminary Injunction filed by Rubygold Main Holdings, LLC. (Attachments: #1 Exhibit 1 - Plf's Reply to Def's Objection, #2 Exhibit A - Mechanic's Lien Affidavit 2-6-13, #3 Exhibit B - Mechanic's Lien Affidavit 3-29-13, #4 Exhibit C - Mechanic's Lien Affidavit 5-18-13, #5 Exhibit D - Mechanic's Lien Affidavit 7-18-13, #6 Exhibit E - Page 3 Mortgage)(McDonald, Marc)
October 29, 2020	Filing 18 FILED IN ERROR - REPLY to Objection to Motion re #4 MOTION for Preliminary Injunction filed by Rubygold Main Holdings, LLC. Surreply due by 11/3/2020. (McDonald, Marc) Modified on 10/29/2020 to add: FILED IN ERROR(cmp).
October 29, 2020	Filing 17 FILED IN ERROR - Assented to MOTION for Leave to File Reply to Defendant's Objection to Plaintiff's Motion for Preliminary Injunction filed by Rubygold Main Holdings, LLC.(McDonald, Marc) Modified on 10/29/2020 to add:FILED IN ERROR (cmp).
October 29, 2020	ENDORSED ORDER granting #19 Motion for Leave to File Reply.. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. Follow up Deadline set for 11/30/2020.(cmp)
October 29, 2020	NOTICE of Hearing. In Chambers Conference set for 11/3/2020 at 03:30 PM before Judge Joseph N. Laplante.(cmp)
October 23, 2020	Filing 16 OBJECTION to #4 MOTION for Preliminary Injunction filed by Brian Gardner Carpentry, LLC. Follow up on Reply on 10/30/2020. 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 Supporting Obj to Motion for Preliminary Objection, #2 Exhibit (Affidavit) W.E. Whittington in Support, #3 Appendix with Ex 1-9, in Support of Obj to Motion for P.I.)(Whittington, W.)
October 15, 2020	Filing 15 OBJECTION to #10 MOTION to Dismiss for Failure to State a Claim , Count IV, the CPA Claim, filed by Rubygold Main Holdings, LLC. Follow up on Reply on 10/22/2020. 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 Memorandum of Law in Support of Objection to Motion to Dismiss Count IV)(McDonald, Marc)
October 9, 2020	Filing 14 Exhibit Amended Appendix to #4 MOTION for Preliminary Injunction by Rubygold Main Holdings, LLC.(McDonald, Marc)
October 8, 2020	Filing 13 PROCEDURAL ORDER re #4 Motion for Preliminary Injunction; granting #12 MOTION to Amend Appendix to Plaintiff's Memorandum of Law in Support of its Motion for Preliminary Injunction. Objection to motion for preliminary injunction (doc. no. #4 ) due by 10/23/20. Joint single timeline and single Statement of Agreed Facts by 11/5/2020. Witness list, exhibit list and proposed findings of fact and rulings of law by 11/10/2020. Plaintiff's Proposed order as outlined by 11/10/2020. So Ordered by Judge Joseph N. Laplante.(jb)
October 8, 2020	Filing 12 MOTION to Amend Appendix to Plaintiff's Memorandum of Law in Support of its Motion for Preliminary Injunction filed by Rubygold Main Holdings, LLC.Follow up on Objection on 10/22/2020. 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 Appendix Amended Appendix)(McDonald, Marc)
October 8, 2020	HEARING NOTICE re: #4 MOTION for Preliminary Injunction Motion Hearing set for 11/13/2020 at 02:00 PM before Judge Joseph N. Laplante.(cmp)
October 8, 2020	Notice of ASSENT by Brian Gardner Carpentry, LLC as to #12 MOTION to Amend Appendix to Plaintiff's Memorandum of Law in Support of its Motion for Preliminary Injunction.(McDonald, Marc)
October 8, 2020	Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 10/8/2020. (Pltfs Atty: Edmond Ford, Esq., Marc McDonald, Esq.) (Defts Atty: W. E. Whittington, Esq.)(Total Hearing Time: 30 minutes) (cmp)
October 7, 2020	Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Failure to State a Claim , Count IV, the CPA Claim, filed by Brian Gardner Carpentry, LLC. (Whittington, W.)
October 7, 2020	Filing 10 MOTION to Dismiss for Failure to State a Claim , Count IV, the CPA Claim, filed by Brian Gardner Carpentry, LLC.Follow up on Objection on 10/21/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Whittington, W.)
October 7, 2020	Filing 9 ANSWER to #1 Complaint - New Case, filed by Brian Gardner Carpentry, LLC. (Attachments: #1 Exhibit 1 - Notice of Mortgagee's Sale, #2 Exhibit 2 - Deed with No Covenants)(Whittington, W.)
October 7, 2020	Filing 8 Disclosure Statement by Brian Gardner Carpentry, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Whittington, W.)
October 7, 2020	Filing 7 NOTICE of Attorney Appearance by W. E. Whittington on behalf of Brian Gardner Carpentry, LLC Attorney W. E. Whittington added to party Brian Gardner Carpentry, LLC(pty:dft).(Whittington, W.)
October 7, 2020	NOTICE of ECF Filing Error re: #11 Memorandum in Support of Motion filed by Brian Gardner Carpentry, LLC. Document should have been filed as an attachment to the main document (doc. no. #10 ) (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.(jb)
October 6, 2020	NOTICE of Hearing. In Chambers Video-Conference set for 10/8/2020 at 11:30 AM before Judge Joseph N. Laplante.(cmp)
October 5, 2020	Filing 6 Disclosure Statement by Rubygold Main Holdings, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (McDonald, Marc)
October 5, 2020	ENDORSED ORDER granting #5 Assented to MOTION for Leave to File to Exceed Page Limit for Memo of Law in Support of Motion for Preliminary Injunction. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
October 2, 2020	Filing 5 Assented to MOTION for Leave to File to Exceed Page Limit for Memo of Law in Support of Motion for Preliminary Injunction filed by Rubygold Main Holdings, LLC.(McDonald, Marc)
October 2, 2020	Filing 4 MOTION for Preliminary Injunction filed by Rubygold Main Holdings, LLC. HEARING REQUESTED.Follow up on Objection on 10/16/2020. 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 In Support of Motion for Preliminary Injunction, #2 Appendix to Memorandum of Law in Support of Motion for Preliminary Injunction, #3 Proposed Order re Motion for Preliminary Injunction)(McDonald, Marc)
October 2, 2020	Filing 3 Summons issued electronically as to Brian Gardner Carpentry, LLC. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ed)
October 2, 2020	Filing 2 NOTICE of Attorney Appearance by Edmond J. Ford on behalf of Rubygold Main Holdings, LLC Attorney Edmond J. Ford added to party Rubygold Main Holdings, LLC(pty:pla).(Ford, Edmond)
October 2, 2020	Filing 1 NEW CASE/ COMPLAINT Filing fee $ 400, receipt number ANHDC-2032512 filed by Rubygold Main Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons - Waiver). Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(McDonald, Marc)
October 2, 2020	Case assigned to Judge Joseph N. Laplante. The case designation is: 1:20-cv-1006-JL. Please show this number with the judge designation on all future pleadings. (ed)
October 2, 2020	NOTICE re: #1 Complaint - New Case, filed by Rubygold Main Holdings, LLC. 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. Rubygold Main Holdings, LLC shall file a disclosure statement by October 9, 2020. Disclosure Statement due 10/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ed)
October 2, 2020	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. (ed)

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Plaintiff: Rubygold Main Holdings, LLC
Represented By:	Edmond J. Ford
Represented By:	Marc W. McDonald
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Defendant: Brian Gardner Carpentry, LLC
Represented By:	W. E. Whittington
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