AUTOBAR SYSTEMS OF N.J. v. BERG COMPANY, LLC et al
| AUTOBAR SYSTEMS OF N.J. d/b/a TOTAL LIQUOR CONTROLS |
| BERG COMPANY, LLC and BERG LIQUOR SYSTEMS, LLC |
| 3:2023cv03790 |
| July 14, 2023 |
| US District Court for the District of New Jersey |
| J Brendan Day |
| Michael A Shipp |
| Contract: Franchise |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 REPLY to Response to Motion filed by BERG LIQUOR SYSTEMS, LLC re #11 MOTION to Dismiss (HAGGERTY, TIMOTHY) |
| Filing 16 BRIEF in Opposition filed by AUTOBAR SYSTEMS OF N.J. re #11 MOTION to Dismiss (CANNING, MICHAEL) |
| Set Deadlines as to #15 MOTION to Stay Pending Appeal. Motion set for 10/2/2023 before Magistrate Judge J. Brendan Day. 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. (jal, ) |
| Filing 15 MOTION to Stay Pending Appeal by AUTOBAR SYSTEMS OF N.J.. (Attachments: #1 Brief, #2 Text of Proposed Order)(CANNING, MICHAEL) |
| Filing 14 NOTICE OF APPEAL as to #12 Memorandum, Order by AUTOBAR SYSTEMS OF N.J.. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 9/6/2023. (CANNING, MICHAEL) |
| Filing 13 NOTICE OF CROSS APPEAL as to #12 Memorandum, Order by AUTOBAR SYSTEMS OF N.J.. Filing fee $ 505, receipt number ANJDC-14571117. Appeal Record due by 10/3/2023. (CANNING, MICHAEL) |
| CLERKS QUALITY CONTROL MESSAGE - The Notice of Appeal, document number #13 filed by AUTOBAR SYSTEMS OF N.J. on 8/23/2023, was submitted incorrectly as a Notice of Cross Appeal (USCA Philadelphia). Please refile this entry using the correct event, Notice of Appeal (USCA Philadelphia). This submission will remain on the docket unless otherwise ordered by the court. (jal, ) |
Filing 12
MEMORANDUM ORDER denying #1 -2 Order to Show Cause for a Preliminary Injunction. Signed by Judge Michael A. Shipp on 8/16/2023. (jdg)
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| Set Deadlines as to #11 MOTION to Dismiss . Motion set for 9/18/2023 before Judge Michael A. Shipp. 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. (jal, ) |
| Filing 11 MOTION to Dismiss by BERG LIQUOR SYSTEMS, LLC. (Attachments: #1 Text of Proposed Order, #2 Berg Liquor Systems, LLC'S Memorandum Of Law In Support Of Its Motion To Dismiss The Complaint)(HAGGERTY, TIMOTHY) |
| Filing 10 BRIEF REPLY TO RESPONSE TO OTSC (Attachments: #1 Declaration Declaration of Albert Dorsey)(CANNING, MICHAEL) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by BERG LIQUOR SYSTEMS, LLC. (Attachments: #1 Declaration of H. William Burdett, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Declaration of Steve Barton, #14 Exhibit A, #15 Exhibit B, #16 Exhibit C)(HAGGERTY, TIMOTHY) |
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Filing 8
CONSENT ORDER that Defendant's opposition to Plaintiff's Order to Show Cause shall be filed by 8/7/2023. Plaintiff's reply brief shall be filed by 8/11/2023. Signed by Judge Michael A. Shipp on 7/26/2023. (kht)
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| Clerk`s Text Order - The document #7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BERG LIQUOR SYSTEMS, LLC has been GRANTED. The answer due date has been set for 8/11/2023. (jal, ) |
| Filing 7 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Berg Liquor Systems, LLC.. (HAGGERTY, TIMOTHY) |
| Filing 6 Letter from Michael J. Canning, Esq.. (Attachments: #1 Text of Proposed Order Consent Order)(CANNING, MICHAEL) |
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Filing 5
TEXT ORDER: This matter comes before the Court upon review of its docket. Defendant Berg Liquor Systems, LLC ("Berg") removed the case from the Superior Court of New Jersey, Monmouth County. (ECF No. #1 .) Removed along with the Complaint is a Proposed Order to Show Cause (the "Proposed Order") that the state court had not yet resolved. (See ECF No. #1 -2.) The state court set a hearing date of August 4, 2023, for Berg to appear and show cause as to why the Proposed Order should not be entered. (ECF No. #1 -3.) This Court will now set a briefing schedule. Berg shall file any opposition to the Proposed Order by August 2, 2023. Plaintiff Autobar Systems of N.J. shall file any reply by August 7, 2023. The Court will determine if a hearing is necessary after reviewing the briefing. So Ordered by Judge Michael A. Shipp on 7/19/2023. (jdb) Modified on 7/21/2023 (jdb).
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| Filing 4 CERTIFICATE OF SERVICE by BERG LIQUOR SYSTEMS, LLC re #1 Notice of Removal,,, (HAGGERTY, TIMOTHY) |
| Filing 3 Diversity Disclosure Statement by BERG LIQUOR SYSTEMS, LLC. (HAGGERTY, TIMOTHY) |
| Judge Michael A. Shipp and Magistrate Judge J. Brendan Day added. (mg) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (mg, ) |
| Filing 2 Corporate Disclosure Statement by BERG LIQUOR SYSTEMS, LLC. (HAGGERTY, TIMOTHY) |
| Filing 1 NOTICE OF REMOVAL by BERG LIQUOR SYSTEMS, LLC from Superior Court of New Jersey, Monmouth County, case number MON-C-82-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14457420), filed by BERG LIQUOR SYSTEMS, LLC. (Attachments: #1 Exhibit A: Verified Complaint, #2 Exhibit B: Proposed Order to Show Cause and Supporting Brief, #3 Exhibit C: Order to Show Cause, #4 Exhibit D: BC Liquidation, LLC (f/k/a Berg Company, LLC) Articles of Amendment (name change), #5 Exhibit E: Wisconsin Department of Financial Institutions Corporate Records Report for BC Liquidation, LLC (f/k/a Berg Company, LLC), #6 Exhibit F: Wisconsin Department of Financial Institutions Certification regarding BC Liquidation, LLC (f/k/a Berg Company, LLC), #7 Exhibit G: New Jersey Superior Court Docket Sheet, #8 Civil Cover Sheet)(HAGGERTY, TIMOTHY) |
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