Morris v. United Intertrade, Inc. et al
Plaintiff: Timothy W. Morris
Defendant: Albertson's LLC and United Intertrade, Inc.
Case Number: 1:2021cv00159
Filed: February 24, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Jerry H Ritter
2 Judge: Steven C Yarbrough
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Filing 27 NOTICE of Briefing Complete by United Intertrade, Inc. re #24 Amended MOTION to Dismiss for Lack of Jurisdiction , and Motion for Sanctions filed by United Intertrade, Inc. (Walker, Mark)
April 22, 2021 Filing 26 NOTICE of Briefing Complete by Albertson's LLC re #23 MOTION to Dismiss filed by Albertson's LLC (Jacobs, Michael)
April 6, 2021 Filing 25 RESPONSE to Motion re #17 MOTION for Leave to File Supplemental Claims filed by United Intertrade, Inc.. (Walker, Mark)
April 6, 2021 Filing 24 Amended MOTION to Dismiss for Lack of Jurisdiction , and Motion for Sanctions by United Intertrade, Inc.. (Attachments: #1 Appendix in Support of UNICO's Amended Rule 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction, and Motion for Sanctions, #2 Exhibit A - Declaration of Burhan (Bob) Ajouz, #3 Exhibit A, Tab 1 - Demand Letter from lawyer Michael Aaronson dated August 10, 2020, #4 Exhibit A, Tab 2 - Email regarding Purchase, #5 Exhibit A, Tab 3 - Original Class Action Complaint, #6 Exhibit A, Tab 4 - First Amended Class Action Complaint filed December 16, 2020, #7 Exhibit B - Supplemental Declaration of Burhan (Bob) Ajouz In Support of Motion to Dismiss and For Sanctions, #8 Exhibit C - Florida Complaint For Reciprocal Discipline, #9 Exhibit D - Order Adopting Report and Recommendation, #10 Exhibit E - Order from Supreme Court of Florida, #11 Exhibit F - Order of Disbarment, #12 Exhibit G - Howard W. Rubinstein's Online Record with the State Bar of Texas, #13 Exhibit H - Howard W. Rubinstein's Website, #14 Exhibit I - Howard W. Rubinstein's Additional Website, #15 Exhibit J - Article on Collapse of 5-Hour Energy Drink Case, #16 Exhibit K - Briefing on 5-Hour Energy Drink Case) (Walker, Mark)
April 6, 2021 Filing 23 MOTION to Dismiss by Albertson's LLC. (Jacobs, Michael)
April 6, 2021 Filing 22 RESPONSE in Opposition re #17 MOTION for Leave to File Supplemental Claims filed by Albertson's LLC. (Jacobs, Michael)
April 5, 2021 Filing 21 REPLY re #10 MOTION to Dismiss and for Attorneys' Fees and Costs filed by Albertson's LLC. (Jacobs, Michael)
April 5, 2021 Filing 20 "FILED IN ERROR" will refile. MOTION to Dismiss by Albertson's LLC. (Jacobs, Michael) Modified text pursuant to helpdesk call on 4/5/2021 (bap).
April 5, 2021 Filing 19 REPLY to Response to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction and Motion for Sanctions filed by United Intertrade, Inc.. (Walker, Mark)
April 1, 2021 Filing 18 Notice of agreed Extension of Time to File Response/Reply by Albertson's LLC. (Jacobs, Michael) Modified text on 4/1/2021 (vv).
March 23, 2021 Filing 17 MOTION for Leave to File Supplemental Claims by Timothy W. Morris. (Kramer, David)
March 22, 2021 Filing 16 RESPONSE in Opposition re #10 MOTION to Dismiss and for Attorneys' Fees and Costs filed by Timothy W. Morris. (Kramer, David)
March 22, 2021 Filing 15 RESPONSE in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction and Motion for Sanctions filed by Timothy W. Morris. (Kramer, David)
March 19, 2021 Filing 14 AMENDED COMPLAINT by Timothy Morris and all other similarly situated against United Intertrade, Inc., Albertson's LLC., filed by Timothy W. Morris. (Kramer, David)
March 17, 2021 Filing 13 NOTICE by Timothy W. Morris re #5 MOTION to Dismiss for Lack of Jurisdiction and Motion for Sanctions Notice of Extension of Time to File Responses (Kramer, David)
March 17, 2021 Filing 12 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. 8 and 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
March 15, 2021 Filing 11 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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.United States Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
March 3, 2021 Filing 10 MOTION to Dismiss and for Attorneys' Fees and Costs by Albertson's LLC. (Attachments: #1 Appendix Declaration of Michael E. Jacobs) (Hnasko, Thomas)
March 1, 2021 Opinion or Order Filing 7 ORDER by Magistrate Judge Steven C. Yarbrough finding good cause to extend the time to issue the scheduling order pursuant to Federal Rule of Civil Procedure 16(b). The Court will delay the issuance of its Initial Scheduling Order pending resolution of #5 Motion to Dismiss. [THIS IS A TEXT ONLY ENTRY- NO DOCUMENTS ARE ATTACHED.] (cm)
March 1, 2021 Filing 6 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 10 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. (cd)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 26, 2021 Filing 5 MOTION to Dismiss for Lack of Jurisdiction and Motion for Sanctions by United Intertrade, Inc.. (Attachments: #1 Exhibit A -Declaration, #2 Exhibit Tab 1 to Decl, #3 Exhibit Tab 2 to Decl, #4 Exhibit Tab 3 to Decl, #5 Exhibit Tab 4 to Decl) (Walker, Mark)
February 25, 2021 Filing 4 NOTICE of Appearance by S. Barry Paisner on behalf of Albertson's LLC (Paisner, S.)
February 24, 2021 Filing 3 APPENDIX/SUPPLEMENT re #1 Notice of Removal,, Notice of Supplemental Record by United Intertrade, Inc. (Attachments: #1 Exhibit A- Supplemental State Court Pleadings) (Walker, Mark)
February 24, 2021 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter 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.] (dr)
February 24, 2021 Filing 1 NOTICE OF REMOVAL by United Intertrade, Inc. from 1st Judicial District Court, case number D-101-CV-2020-02485. ( Filing Fee - Online Payment), filed by United Intertrade, Inc.. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - UNICO's Filings in Texas, #3 Exhibit C - Declaration of Bob Ajouz, #4 Exhibit D - Alberton's, LLC Filings in Delaware and Idaho, #5 Exhibit E - Declaration of Robert "Bob" Wingo, #6 Civil Cover Sheet)(Walker, Mark)
February 24, 2021 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7559626 re #1 Notice of Removal,, filed by United Intertrade, Inc. (Payment made via Pay.gov)(Walker, Mark)
February 24, 2021 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Steven C. Yarbrough assigned. (dr)
February 24, 2021 Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (dr)

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Defendant: Albertson's LLC
Represented By: S. Barry Paisner
Represented By: Dioscoro Blanco
Represented By: Michael Edmund Jacobs
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Defendant: United Intertrade, Inc.
Represented By: Mark C Walker
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Plaintiff: Timothy W. Morris
Represented By: David C Kramer
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