Dreamstyle Remodeling, Inc. et al v. Renewal by Andersen, LLC et al
| Dreamstyle Remodeling of Idaho, LLC and Dreamstyle Remodeling, Inc. |
| Andersen Corporation, Renewal by Andersen Corporation and Renewal by Andersen, LLC |
| 1:2019cv01086 |
| November 20, 2019 |
| US District Court for the District of New Mexico |
| Kenneth J Gonzales |
| John F Robbenhaar |
| Gregory B Wormuth |
| Antitrust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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| Filing 31 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 14 and 15. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 30 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) |
| Filing 29 RESPONSE in Opposition re #21 MOTION to Stay Litigation Pending Arbitration filed by Dreamstyle Remodeling of Idaho, LLC, Dreamstyle Remodeling, Inc.. (Attachments: #1 Affidavit Declaration of Larry A. Chavez) (Bluff, Guy) |
Filing 28
ORDER by Magistrate Judge John F. Robbenhaar granting #27 Motion for Extension of Time to File Response/Reply re #21 MOTION to Stay Litigation Pending Arbitration. Responses due by 1/13/2020. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
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| Filing 27 First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Stay Litigation Pending Arbitration by Dreamstyle Remodeling of Idaho, LLC, Dreamstyle Remodeling, Inc.. (Bluff, Guy) |
| Filing 26 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 21 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls) |
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Filing 25
ORDER by Magistrate Judge John F. Robbenhaar Finding Good Cause to Delay Scheduling Order. All instructions, deadlines, and hearings in the Initial Scheduling Order (Doc. 20) are VACATED. (kc)
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| Filing 24 CERTIFICATE OF SERVICE by Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC re #23 Declaration of Jeanne Junker (Radosevich, Elizabeth) |
| Filing 23 DECLARATION of Jeanne Junker by Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC (Radosevich, Elizabeth) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Stay Litigation Pending Arbitration by Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC. (Radosevich, Elizabeth) |
| Filing 21 MOTION to Stay Litigation Pending Arbitration by Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC. (Radosevich, Elizabeth) |
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Filing 20
INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 1/21/2020. Scheduling Conference set for 1/30/2020 at 09:30 AM in Albuquerque - 730 Judge John F. Robbenhaar Chambers before Magistrate Judge John F. Robbenhaar. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 1/2/2020. (kc)
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| Filing 19 NOTICE of Appearance by Aaron M Scott on behalf of Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC (Scott, Aaron) |
| Filing 18 NOTICE of Appearance by Gary Hansen on behalf of Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC (Hansen, Gary) |
| Filing 17 ASSOCIATION of Attorney Licensed Outside the District for Defendants Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC by Elizabeth Radosevich on behalf of: Aaron Mills Scott FOX ROTHSCHILD LLP 222 South Ninth Street Suite 2000Minneapolis, MN 55402 612-607-7000 ascott@foxrothschild.com (Association Dues - Online Payment) (Radosevich, Elizabeth)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 16 ASSOCIATION of Attorney Licensed Outside the District for Defendants Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC by Elizabeth Radosevich on behalf of: Gary Hansen FOX ROTHSCHILD LLP 222 South Ninth Street, Ste 2000Minneapolis, MN 55402 612-607-7000 ghansen@foxrothschild.com (Association Dues - Online Payment) (Radosevich, Elizabeth)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 13 Corporate Disclosure Statement by Renewal by Andersen, LLC identifying Corporate Parent SLBP Holdings Corporation for Renewal by Andersen, LLC. (Radosevich, Elizabeth) |
| Filing 12 NOTICE by Renewal by Andersen, LLC Notice of Certification in Support of Association with Out-of-District Counsel Under L.R.-Civ. 83.3 (Radosevich, Elizabeth) |
| Filing 11 NOTICE of Appearance by Elizabeth Radosevich on behalf of Renewal by Andersen Corporation (Radosevich, Elizabeth) |
| Filing 10 ASSOCIATION of Attorney Licensed Outside the District for Defendants Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC by Gary Hansen (Association Dues - Online Payment) (Hansen, Gary)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 9 ASSOCIATION of Attorney Licensed Outside the District for Defendants Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC by Aaron M Scott (Association Dues - Online Payment) (Scott, Aaron)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number 1084-6845292 re: # 9 Association of Attorney Licensed Outside the District, filed by Renewal by Andersen Corporation, Renewal by Andersen, LLC, Andersen Corporation (Payment made via Pay.gov)(Scott, Aaron) |
| Association Dues Received: $ 100 receipt number 1084-6845401 re: # 10 Association of Attorney Licensed Outside the District, filed by Renewal by Andersen Corporation, Renewal by Andersen, LLC, Andersen Corporation (Payment made via Pay.gov)(Hansen, Gary) |
| Filing 8 SUMMONS Returned Executed by Dreamstyle Remodeling, Inc., Dreamstyle Remodeling of Idaho, LLC. Andersen Corporation served on 11/21/2019, answer due 12/12/2019. (Bluff, Guy) |
| Filing 7 SUMMONS Returned Executed by Dreamstyle Remodeling, Inc., Dreamstyle Remodeling of Idaho, LLC. Renewal by Andersen, LLC served on 11/21/2019, answer due 12/12/2019. (Bluff, Guy) |
| Filing 6 FILED IN ERROR: AFFIDAVIT of Service for Summons, Complaint, Initial Order served on Alan Bernick on 2019-11-21, filed by Dreamstyle Remodeling of Idaho, LLC, Dreamstyle Remodeling, Inc.. (Bluff, Guy) Modified on 11/25/2019 (bc). |
| Filing 5 FILED IN ERROR: AFFIDAVIT of Service for Summons, Complaint, Initial Order served on Alan Bernick on 2019-11-21, filed by Dreamstyle Remodeling of Idaho, LLC, Dreamstyle Remodeling, Inc.. (Bluff, Guy) Modified on 11/25/2019 (bc). |
| Summons Issued as to Renewal by Andersen Corporation, Renewal by Andersen, LLC. (jg) |
| Filing 4 Filing fee: $ 400, receipt number 1084-6811484 (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 2 Corporate Disclosure Statement by Dreamstyle Remodeling of Idaho, LLC, Dreamstyle Remodeling, Inc. (Bluff, Guy) |
| Filing 1 COMPLAINT VIOLATION OF THE SHERMAN ACT, CLAYTON ACT, AND FOR ANTITRUST AND UNFAIR COMPETITION; WRONGFUL TERMINATION; BREACH OF CONTRACT; FRAUD against Andersen Corporation, Renewal by Andersen Corporation, Renewal by Andersen, LLC ( Filing Fee - Online Payment), filed by Dreamstyle Remodeling, Inc.. (Attachments: #1 Exhibit 2nd NAZ Agreement, #2 Exhibit San Diego Agreement, #3 Exhibit Tucson Agreement, #4 Exhibit Boise Agreement, #5 Exhibit New Mexico Agreement, #6 Exhibit Renewal (Junker) - Notice of Termination, #7 Exhibit Dreamstyle Response to 5/8/18 Termination Letter, #8 Exhibit Renewal (Junker) - Termination Agreement for Signature, #9 Exhibit Dreamstyle (Chavez) Response to 5/17/2018 Renewal (Junker) Letter, #10 Exhibit Dreamstyle (Bluff) Request for Detailed Explanation of 9 Alleged Violations, #11 Exhibit Renewal (Junker) Response to Dreamstyle's 05/17/2018 Request for Information, #12 Exhibit Renewal (Junker) Notice of Intent to Immediately Terminate, #13 Exhibit Dreamstye Request to Extend Northern Arizona Agreement, #14 Exhibit Renewal (Junker) - Refusal to Extend/Renew Northern Arizona Agreement, #15 Exhibit Dreamstyle Request to Mitigate Damages Resulting from Termination, #16 Exhibit Dreamstyle (Chavez) E-Mail to Renewal (Junker) re Status of Transition and Efforts to Mitigate Damages, #17 Exhibit Renewal (Junker) Response to Chavez 09/17/2018 E-Mail - Sale of Other Products Not Permitted, #18 Exhibit Dreamstyle (Bluff) Response to Junker's 09/18/2018 Termination Notice, #19 Exhibit Dreamstyle (Bluff) Transmittal of Draft Mutual Termination Agreement, #20 Exhibit Dreamstyle-RbA Mutual Termination Agreement (V5.3), #21 Exhibit Renewal (Junker) Termination of All Retailer Agreements Effective 01/31/2019, #22 Exhibit Renewal (Junker) - Integrity in Hiring Memorandum, #23 Exhibit Summary of Andersen Manufacturing Defects - Hageman Project, #24 Exhibit Renewal (Junker) - Patio Door Update Memorandum - Ongoing Quality Problems, #25 Exhibit Professor of Architecture Alexander Maller complaint of Andersen product quality, #26 Civil Cover Sheet)(Bluff, Guy) |
| United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge John F. Robbenhaar assigned. (jg) |
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