Gate 74, Inc. v. McLane Company, Inc. et al
| Gate 74, Inc. |
| McLane Company, Inc., McLane Foodservice Distribution, Inc. and McLane Foodservice, Inc. |
| 5:2022cv00388 |
| September 19, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 STIPULATION of Dismissal (Joint Stipulation for Dismissal With Prejudice) by McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc. (Tucker, Donald) |
| Filing 31 Notice of Appearance filed by Christopher T. Graebe on behalf of Gate 74, Inc.. (Graebe, Christopher) |
| Filing 30 Financial Disclosure Statement by McLane Foodservice Distribution, Inc. identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent McLane Company, Inc. for McLane Foodservice Distribution, Inc.. (Tucker, Donald) |
| Filing 29 Financial Disclosure Statement by McLane Foodservice, Inc. identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent McLane Company, Inc. for McLane Foodservice, Inc.. (Tucker, Donald) |
| Filing 28 Financial Disclosure Statement by McLane Company, Inc. identifying Corporate Parent Berkshire Hathaway Inc. for McLane Company, Inc.. (Tucker, Donald) |
| Filing 27 Notice of Appearance filed by Donald H. Tucker, Jr on behalf of All Defendants. (Tucker, Donald) |
| Filing 26 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 25 Case transferred in from District of California Northern. Case Number 3:22-cv-03144. Transfer order and docket sheet obtained from transferring district. |
Filing 24
ORDER by Magistrate Judge Sallie Kim granting #14 Motion to Transfer Venue. Case transferred to the United States District Court for the Eastern District of North Carolina. (mkl, COURT STAFF) (Filed on 9/19/2022) [Transferred from California Northern on 9/27/2022.]
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Motion Hearing held on 9/19/2022 re #14 MOTION to Change Venue Or Alternatively Motion To Dismiss, Pursuant To 28 U.S.C. 1404(A) and FRCP Rule 12(B)(6). The Court takes the matter under submission and will issue a written order. The Court defers the Case Management Conference until after the ruling on the motion. Initial Case Management Conference reset for 10/24/2022 01:30 PM in San Francisco - Videoconference Only. The parties are not required to submit another case management statement, unless there are any updates to the statement filed at docket number #15 . This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to cou rt proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/.Digital Recording Time: 9:31-9:38. Attorney for Plaintiff: Joong Im. Attorney for Defendants: Meera Parikh. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 9/19/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 22 OBJECTIONS to re #21 Reply to Opposition/Response, Evidentiary Objections to Supplemental Declaration of Tom Difonzo in Support of Defendants' Reply by Gate 74, Inc.. (Im, Joong) (Filed on 9/9/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 21 REPLY (re #14 MOTION to Change Venue Or Alternatively Motion To Dismiss, Pursuant To 28 U.S.C. 1404(A) and FRCP Rule 12(B)(6) ) filed byMcLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Tom DiFonzo)(Poniatowski, Mark) (Filed on 9/6/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 20 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING HEARING BY ZOOM: The Initial Case Management Conference set for 8/29/2022 is continued to 9/19/2022 09:30 AM in San Francisco - Videoconference Only to be held with the hearing on the #14 MOTION to Change Venue Or Alternatively Motion To Dismiss, Pursuant To 28 U.S.C. 1404(A) and FRCP Rule 12(B)(6). These proceedings will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephon e or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 8/24/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 19 Declaration of Jae Chung in Support of #17 Opposition/Response to Motion filed byGate 74, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Related document(s) #17 ) (Im, Joong) (Filed on 8/24/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 18 Declaration of Joong Y. Im in Support of #17 Opposition/Response to Motion filed byGate 74, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Related document(s) #17 ) (Im, Joong) (Filed on 8/24/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 17 OPPOSITION/RESPONSE (re #14 MOTION to Change Venue Or Alternatively Motion To Dismiss, Pursuant To 28 U.S.C. 1404(A) and FRCP Rule 12(B)(6) ) Opposition filed byGate 74, Inc.. (Im, Joong) (Filed on 8/24/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 16 Certificate of Interested Entities by McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc. identifying Corporate Parent Berkshire Hathaway, Inc. for McLane Company, Inc.. (Poniatowski, Mark) (Filed on 8/24/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 15 JOINT CASE MANAGEMENT STATEMENT filed by McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc.. (Poniatowski, Mark) (Filed on 8/19/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 14 MOTION to Change Venue Or Alternatively Motion To Dismiss, Pursuant To 28 U.S.C. 1404(A) and FRCP Rule 12(B)(6) filed by McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc.. Motion Hearing set for 9/19/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/29/2022. Replies due by 9/6/2022. (Attachments: #1 Declaration of Tom DiFonzo, #2 Request for Judicial Notice, #3 Proposed Order)(Poniatowski, Mark) (Filed on 8/15/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendants (Poniatowski, Mark) (Filed on 8/8/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 12 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff (Im, Joong) (Filed on 8/5/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc... (Poniatowski, Mark) (Filed on 7/7/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 7/7/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/7/2022. (mkl, COURT STAFF) (Filed on 6/23/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 9 ANSWER to Complaint byMcLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc.. (Poniatowski, Mark) (Filed on 6/22/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/22/2022. Initial Case Management Conference set for 8/29/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (cv, COURT STAFF) (Filed on 5/31/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 7 Summons Issued as to McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc.. (cv, COURT STAFF) (Filed on 5/31/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gate 74, Inc... (Im, Joong) (Filed on 5/31/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/14/2022. (cv, COURT STAFF) (Filed on 5/31/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 4 Certificate of Interested Entities by Gate 74, Inc. re #1 Complaint (Im, Joong) (Filed on 5/28/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 3 Civil Cover Sheet by Gate 74, Inc. . (Im, Joong) (Filed on 5/28/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 2 Proposed Summons. (Im, Joong) (Filed on 5/28/2022) [Transferred from California Northern on 9/27/2022.] |
| Filing 1 COMPLAINT against All Defendants. Filed byGate 74, Inc.. (Im, Joong) (Filed on 5/28/2022) [Transferred from California Northern on 9/27/2022.] |
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