Homes Development Corp. et al v. Edmund & Wheeler, Inc. et al
| Homes Development Corp. and 1031 Realty Trust, LLC |
| Edmund & Wheeler, Inc., Edmund & Wheeler Exchange Services, LLC, John D. Hamrick, Mary O'Toole, Timothy Burger, Chris Brown and O'Toole Enterprises, LLC |
| 1:2021cv00633 |
| July 27, 2021 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 19
Assented to MOTION to Extend Time to Answer to October 12, 2021 filed by Chris Brown, Timothy Burger, Edmund & Wheeler Exchange Services, LLC, Edmund & Wheeler, Inc., John D. Hamrick, Mary O'Toole.(Thorvaldsen, Kara)
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ENDORSED ORDER granting #19 Assented to Motion to Extend Time to Answer. 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 10/12/2021. (de)
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Filing 18
Summons issued electronically as to O'Toole Enterprises, LLC. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (mc)
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Filing 17
NOTICE of Attorney Appearance by Kara Thorvaldsen on behalf of Chris Brown, Timothy Burger, Edmund & Wheeler Exchange Services, LLC, Edmund & Wheeler, Inc., John D. Hamrick, Mary O'Toole Attorney Kara Thorvaldsen added to party Chris Brown(pty:dft), Attorney Kara Thorvaldsen added to party Timothy Burger(pty:dft), Attorney Kara Thorvaldsen added to party Edmund & Wheeler Exchange Services, LLC(pty:dft), Attorney Kara Thorvaldsen added to party Edmund & Wheeler, Inc.(pty:dft), Attorney Kara Thorvaldsen added to party John D. Hamrick(pty:dft), Attorney Kara Thorvaldsen added to party Mary O'Toole(pty:dft).(Thorvaldsen, Kara)
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NOTICE of ECF Filing Error re: #13 Notice of Attorney Appearance filed by Edmund & Wheeler, Inc. Filer should have selected all of the defendants for which Attorney Flanagan is appearing so that Attorney Flanagan appears on the docket for each. Filer should refile an Appearance and choose and select all applicable defendants. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1623.Compliance Deadline set for 9/23/2021.(de)
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ENDORSED ORDER granting #16 Motion for Leave to File First Amended Complaint. Text of Order: Granted. The assented to motion for leave to file plaintiffs' first amended complaint at docket #15 is granted. The amended complaint (document #15 ) is now the operative complaint in this matter. So Ordered by Chief Judge Landya B. McCafferty. (gla)
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Filing 16
Assented to MOTION for Leave to File Plaintiffs' First Amended Complaint, at Docket #15 filed by 1031 Realty Trust, LLC, Homes Development Corp..(Allen, Kirsten)
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Filing 15
AMENDED COMPLAINT against Chris Brown, Timothy Burger, Edmund & Wheeler Exchange Services, LLC, Edmund & Wheeler, Inc., John D. Hamrick, Mary O'Toole with jury demand filed by 1031 Realty Trust, LLC, Homes Development Corp.. (Attachments: #1 Exhibit A Sales Package Noah's Birmingham, #2 Exhibit B Sales Package Noah's Overland Park, #3 Summons - Waiver O'Toole Enterprises LLC). 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.(Hage, Jamie)
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ENDORSED ORDER granting #14 Assented to Motion for Kara Thorvaldsen to Appear Pro Hac Vice. Text of Order: Granted. 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.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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Filing 14
Assented to MOTION for Kara Thorvaldsen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2153404.) filed by Edmund & Wheeler, Inc.. (Attachments: #1 Exhibit (Affidavit))(Flanagan, Christopher)
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Filing 13
NOTICE of Attorney Appearance by Christopher P. Flanagan on behalf of Edmund & Wheeler, Inc. Attorney Christopher P. Flanagan added to party Edmund & Wheeler, Inc.(pty:dft).(Flanagan, Christopher)
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Case reassigned to Chief Judge Landya B. McCafferty. Reason for Reassignment: No consent to Jurisdiction by U.S. Magistrate Judge. The new case designation is: 21-cv-633-LM. Please show this number with the correct judge designation on all further pleadings. (vln)
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Filing 12
NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Hage, Jamie)
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Filing 11
WAIVER OF SERVICE Returned Executed as to Chris Brown by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 10
WAIVER OF SERVICE Returned Executed as to Timothy Burger by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 9
WAIVER OF SERVICE Returned Executed as to Mary O'Toole by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 8
WAIVER OF SERVICE Returned Executed as to John D. Hamrick by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 7
WAIVER OF SERVICE Returned Executed as to Edmund & Wheeler Exchange Services, LLC by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 6
WAIVER OF SERVICE Returned Executed as to Edmund & Wheeler, Inc. by All Plaintiffs. Served/Mailed on 7/30/2020. Answer Follow Up on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hage, Jamie)
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Filing 5
Summonses issued electronically as to Chris Brown, Timothy Burger, Edmund & Wheeler Exchange Services, LLC, Edmund & Wheeler, Inc., John D. Hamrick, Mary O'Toole. NOTICE: Counsel shall print and serve the summonses) and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Notice ECF, #2 Assignment to Magistrate)(mc)
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Filing 3
Disclosure Statement by 1031 Realty Trust, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Hage, Jamie)
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Filing 2
Disclosure Statement by Homes Development Corp. disclosing no parent company, no publicly traded company, and no merger agreement. (Hage, Jamie)
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Filing 4
NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiffs for service on all parties. (mc)
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Case assigned to Magistrate Judge Andrea K. Johnstone. The case designation is: 1:21-cv-633-AJ. Please show this number with the judge designation on all future pleadings. (mc)
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Filing 1
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2142290 filed by 1031 Realty Trust, LLC, Homes Development Corp.. (Attachments: #1 Exhibit Exhibit A - Noah's Birmingham, AL Executive Summary, #2 Exhibit Exhibit B - Noah's Overland Park, KS Executive Summary, #3 Civil Cover Sheet Civil Cover Sheet to Complaint, #4 Summons - Waiver Summons to Edmund & Wheeler, Inc., #5 Summons - Waiver Summons to Edmund & Wheeler Exchange Services, LLC, #6 Summons - Waiver Summons to John D. Hamrick, #7 Summons - Waiver Summons to Mary O'Toole, #8 Summons - Waiver Summons to Timothy Burger, #9 Summons - Waiver Summons to Chris Burger). 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.(Hage, Jamie)
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