GRIFFIN CAPITAL ESSENTIAL ASSET OPERATING PARTNERSHIP, L.P. v. ESSENTIAL PROPERTIES REALTY TRUST, INC.
| GRIFFIN CAPITAL COMPANY, LLC and GRIFFIN CAPITAL ESSENTIAL ASSET OPERATING PARTNERSHIP, L.P. |
| ESSENTIAL PROPERTIES REALYY TRUST, INC. and PHV KELLY L. WHITEHART |
| ESSENTIAL PROPERTIES REALTY TRUST, INC. |
| 3:2019cv00931 |
| January 23, 2019 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Brian R Martinotti |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 52 Notice of Request by Pro Hac Vice Kelly L. Whitehart to receive Notices of Electronic Filings. (SAGER, DAVID) |
| Filing 51 Notice of Request by Pro Hac Vice Mark S. VanderBroek to receive Notices of Electronic Filings. (SAGER, DAVID) |
| CLERK'S QUALITY CONTROL MESSAGE - The Request for Pro Hac Vice to Receive Notice of Electronic Filings, docket entries #49 and #50 , does not contain the Pro Hac Vices' e-mail address. Please resubmit the form with the e-mail information. (km) |
| Pro Hac Vice counsel, MARK S. VANDERBROEK and KELLY L. WHITEHART, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (km) |
| Filing 50 Notice of Request by Pro Hac Vice Mark S. VanderBroek to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9496632.) (SAGER, DAVID) |
| Filing 49 Notice of Request by Pro Hac Vice Kelly L. Whitehart to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9496528.) (SAGER, DAVID) |
Filing 48
ORDER that Griffin Capital Essential Asset Operating Partnership, L.P. is substituted as the Plaintiff in place of Griffin Capital Company, LLC. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/2019. (km)
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| Pro Hac Vice counsel, ROLLIN A. RANSOM and LAUREN M. DE LILLY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (km) |
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Filing 47
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice as to Kelly L. Whitehart. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/11/2019. (km)
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Filing 46
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice as to Mark S. VanderBroek. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/11/2019. (km)
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| Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 3/11/2019. The parties will exchange discovery necessary to facilitate settlement; a status update is to be submitted by 4/30/2019; if discussions are not fruitful, a discovery schedule will be entered. (mm) |
| Filing 45 Notice of Request by Pro Hac Vice Lauren M. De Lilly, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9458337.) (TORCICOLLO, PETER) |
| Filing 44 Notice of Request by Pro Hac Vice Rollin A. Ransom, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9458278.) (TORCICOLLO, PETER) |
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Filing 43
ORDER Granting leave to appear Pro Hac Vice as to Rollin A. Ransom and Lauren M. De Lilly. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/21/2019. (km)
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| Filing 42 Letter from Peter J. Torcicollo to the Honorable Tonianne J. Bongiovanni, U.S.M.J. re: pro hac vice applications of Rollin A. Ransom and Lauren M. De Lilly. (Attachments: #1 Certification of Rollin A. Ransom, #2 Certification of Lauren M. De Lilly, #3 Certification of Peter J. Torcicollo, #4 Text of Proposed Order)(TORCICOLLO, PETER) |
| Filing 41 NOTICE of Appearance by J. BRUGH LOWER on behalf of ESSENTIAL PROPERTIES REALTY TRUST, INC., ESSENTIAL PROPERTIES REALYY TRUST, INC. (LOWER, J.) |
| Filing 40 NOTICE of Appearance by PETER J. TORCICOLLO on behalf of ESSENTIAL PROPERTIES REALTY TRUST, INC., ESSENTIAL PROPERTIES REALYY TRUST, INC. (TORCICOLLO, PETER) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Kelly L. Whitehart by GRIFFIN CAPITAL COMPANY, LLC. (Attachments: #1 Certification of David S. Sager, #2 Certification Kelly L. Whitehart, #3 Text of Proposed Order, #4 Certificate of Service)(SAGER, DAVID) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice by GRIFFIN CAPITAL COMPANY, LLC. (Attachments: #1 Certification of David S. Sager, #2 Certification of Mark S. VanderBroek, #3 Text of Proposed Order, #4 Certificate of Service)(SAGER, DAVID) |
| Set Deadlines as to #38 MOTION for Leave to Appear Pro Hac Vice and #39 MOTION for Leave to Appear Pro Hac Vice Kelly L. Whitehart. Motions set for 3/18/2019 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km, ) |
| Filing 37 NOTICE of Appearance by DAVID S. SAGER on behalf of GRIFFIN CAPITAL COMPANY, LLC (SAGER, DAVID) |
| Filing 36 Mail Returned as Undeliverable. Mail sent to Daniel Arthur Kent. (mmh) |
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Filing 35
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 3/11/2019 03:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/24/2019. (km)
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| Filing 34 AO120 Trademark Form filed. re: Complaint #1 (jmh) |
| Filing 33 Certified Copy of Transfer Order and docket received, Case transferred in from District of Georgia Northern; Case Number 1:18-cv-04255. Original file certified copy of transfer order and docket sheet received. |
| Judge Brian R. Martinotti and Magistrate Judge Tonianne J. Bongiovanni added. (jmh) |
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Filing 32
ORDER: It is hereby ORDERED that Plaintiff Griffin Capital Company, LLC's #21 Motion to Set Aside Entry of Default is GRANTED. It is further ORDERED that Defendant Essential Properties Realty Trust, Inc.'s #12 Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) is GRANTED, and its Motion to Stay Discovery Pending Ruling in #18 Motion to Transfer Venue is DENIED AS MOOT. The Clerk is DIRECTED to TRANSFER this case to the United States District Court for the District of New Jersey. Signed by Judge Mark H. Cohen on 1/18/19. (bnw)
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| Civil Case Terminated. (bnw) |
| Case ELECTRONICALLY transferred to District of USDC New Jersey. Original file, copy of transfer order and docket sheet sent. (bnw) |
| Submission of #21 MOTION to Set Aside Default , to District Judge Mark H. Cohen. (bnw) |
| Filing 31 CERTIFICATE OF SERVICE of Defendant's First Set of Interrogatories and Requests for Production of Documents by Essential Properties Realty Trust, Inc..(Kent, Daniel) |
| Filing 30 NOTICE Of Filing by Griffin Capital Company, LLC re #29 Notice of Filing Assignment of Trademark Agreement as Exhibit A to Supplemental Declaration of Howard S. Hirsch (Attachments: #1 Exhibit A - Assignment of Trademark)(VanderBroek, Mark) |
| Filing 29 NOTICE Of Filing Supplemental Declaration of Howard S. Hirsch by Griffin Capital Company, LLC (Attachments: #1 Supplemental Declaration of Howard S. Hirsch)(VanderBroek, Mark) |
| Filing 28 MOTION to Substitute Party Griffin Capital Company, LLC with Brief In Support by Griffin Capital Company, LLC. (Attachments: #1 Brief)(VanderBroek, Mark) |
| Submission of #18 MOTION to Stay Discovery Pending Ruling on Motion to Transfer Venue, #12 MOTION to Transfer Case to the District of New Jersey Pursuant to 28 U.S.C. 1404(a), to District Judge Mark H. Cohen. (bnw) |
| Filing 27 REPLY to Response to Motion re #18 MOTION to Stay Discovery Pending Ruling on Motion to Transfer Venue filed by Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 26 REPLY to Response to Motion re #12 MOTION to Transfer Case to the District of New Jersey Pursuant to 28 U.S.C. 1404(a) filed by Essential Properties Realty Trust, Inc.. (Attachments: #1 Declaration of Rollin Ransom, #2 Exhibit A - EPRT's Initial Disclosures)(Kent, Daniel) |
| Filing 25 RESPONSE re #21 MOTION to Set Aside Default (Notice of Non-Opposition) filed by Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 24 RESPONSE in Opposition re #18 MOTION to Stay Discovery Pending Ruling on Motion to Transfer Venue filed by Griffin Capital Company, LLC, Griffin Capital Company, LLC. (VanderBroek, Mark) |
| Filing 23 NOTICE of Appearance by Kelly L. Whitehart on behalf of Griffin Capital Company, LLC (Whitehart, Kelly) |
| Filing 22 RESPONSE in Opposition re #12 MOTION to Transfer Case to the District of New Jersey Pursuant to 28 U.S.C. 1404(a) filed by Griffin Capital Company, LLC. (Attachments: #1 Exhibit 1 - Declaration of Howard Hirsch)(VanderBroek, Mark) |
| Filing 21 MOTION to Set Aside Default with Brief In Support by Griffin Capital Company, LLC. (Attachments: #1 Brief in Support, #2 Exhibit A- Declaration of Mark S. VanderBroek, #3 Exhibit B- Answer)(VanderBroek, Mark) |
| Filing 20 RESPONSE in Opposition re #17 MOTION for Clerks Entry of Default filed by Griffin Capital Company, LLC. (VanderBroek, Mark) |
| Filing 19 ANSWER to #6 Counterclaim by Griffin Capital Company, LLC.(VanderBroek, Mark) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Clerk's Entry of Default as to Counterclaim Defendant Griffin Capital Company, LLC. (cmd) |
| Filing 18 MOTION to Stay Discovery Pending Ruling on Motion to Transfer Venue with Brief In Support by Essential Properties Realty Trust, Inc. (Attachments: #1 Brief)(Kent, Daniel) Modified on 12/12/2018 to edit text. (cmd) |
| Filing 17 MOTION for Clerk's Entry of Default with Brief In Support by Essential Properties Realty Trust, Inc.. (Attachments: #1 Brief, #2 Declaration of Rollin A. Ransom)(Kent, Daniel) Modified on 12/12/2018 to edit text. (cmd) |
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Filing 16
SCHEDULING ORDER: re: #14 Joint Preliminary Report and Discovery Plan. Discovery shall run for 6 month period. Signed by Judge Mark H. Cohen on 12/7/18. (bnw)
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| Filing 15 CERTIFICATE OF SERVICE by Griffin Capital Company, LLC.(VanderBroek, Mark) |
| Filing 14 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Griffin Capital Company, LLC. (VanderBroek, Mark) |
| Filing 13 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Essential Properties Realty Trust, Inc..(Kent, Daniel) |
| Filing 12 MOTION to Transfer Case to the District of New Jersey Pursuant to 28 U.S.C. 1404(a) with Brief In Support by Essential Properties Realty Trust, Inc.. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of AJ Peil)(Kent, Daniel) |
| Clerks Notation re #8 Certificate of Interested Persons reviewed by MHC.(lwb) |
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MINUTE ORDER granting #9 Application for Admission Pro Hac Vice of Rollin A. Ransom; and granting #10 Application for Admission Pro Hac Vice of Lauren M. De Lilly by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on November 13, 2018. (lwb)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Rollin A. Ransom Pro Hac Vice (Application fee $ 150, receipt number 113E-8250654). Attorney Rollin Andrew Ransom added appearing on behalf of Essential Properties Realty Trust, Inc., Essential Properties Realty Trust, Inc. (pmb) |
| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Lauren M. De Lilly Pro Hac Vice (Application fee $ 150, receipt number 113E-8250671). Attorney Lauren M. De Lilly added appearing on behalf of Essential Properties Realty Trust, Inc., Essential Properties Realty Trust, Inc. (pmb) |
| Filing 11 DEMAND for Trial by Jury by Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 10 APPLICATION for Admission of Lauren M. De Lilly Pro Hac Vice (Application fee $ 150, receipt number 113E-8250671)by Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 9 APPLICATION for Admission of Rollin A. Ransom Pro Hac Vice (Application fee $ 150, receipt number 113E-8250654)by Essential Properties Realty Trust, Inc., Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 8 Certificate of Interested Persons by Essential Properties Realty Trust, Inc.. (Kent, Daniel) |
| Filing 7 CERTIFICATE OF SERVICE re #6 Answer to Complaint,, Counterclaim, by Essential Properties Realty Trust, Inc..(Kent, Daniel) |
| Filing 6 ANSWER to #1 COMPLAINT ( Discovery ends on 4/1/2019.), COUNTERCLAIM against Griffin Capital Company, LLC by Essential Properties Realty Trust, Inc..(Kent, Daniel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 Certification of Consent to Substitution of Counsel. Mark Stephen VanderBroek replacing attorney Sarah Margaret Carrier and L. Clint Crosby. (VanderBroek, Mark) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION . Signed by Judge Mark H. Cohen on 9/12/18. (bnw)
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| Filing 3 AO Form 120 forwarded to Commissioner. (eop) |
| Filing 2 Electronic Summons Issued as to Essential Properties Realty Trust, Inc.. (eop) |
| Filing 1 COMPLAINT with Jury Demand filed by Griffin Capital Company, LLC. (Filing fee $400.00, receipt number 113E-8132205) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Exhibit -C, #4 Exhibit -D, #5 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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