McKinney et al v. Gaia Herbs, Inc. et al

Plaintiff: John McKinney and MCK Family Partners, Ltd.
Defendant: Gaia Herbs, Inc. and Richard Scalzo
Case Number: 1:2019cv00172
Filed: June 3, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Contract: Other
Jury Demanded By: Both

Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Filing 47 DESIGNATION of Hon. James L. Gale as Mediator by all the parties. (Van Sickle, R.)
July 17, 2019 Filing 46 NOTICE of Appearance by Cameron Tyler Kirby on behalf of Gaia Herbs, Inc. (Kirby, Cameron)
July 15, 2019 Opinion or Order Filing 45 CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge W. Carleton Metcalf on 7/15/2019. (khm)
July 5, 2019 Filing 44 Joint MOTION for Protective Order by Gaia Herbs, Inc.. Responses due by 7/19/2019 (Attachments: #1 Proposed Order)(Weiss, James). Motions referred to W. Carleton Metcalf.
July 2, 2019 Opinion or Order Filing 43 Pretrial Order and Case Management Plan: Mediator Designation deadline set for 7/22/2019. Discovery deadline is 3/8/2020. Mediation deadline set for 3/22/2020. Substantive Motions due by 4/8/2020. Estimated Trial Time: 5 days. Jury Trial set for 9/8/2020 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. Signed by Magistrate Judge W. Carleton Metcalf on 7/2/2019. (maf)
June 28, 2019 Filing 42 Notice of Substitution of Counsel by Brian D. Gulden on behalf of Richard Scalzo, Attorney Stacy Anne Carpenter and Thomas Hardy Wagner terminated. (Gulden, Brian)
June 25, 2019 Filing 41 CERTIFICATION of initial attorney conference and discovery plan (Van Sickle, R.)
June 25, 2019 Opinion or Order Filing 40 ORDER granting #38 Motion for Leave to Appear Pro Hac Vice as to Joseph C. Sullivan for Richard Scalzo. Signed by Magistrate Judge W. Carleton Metcalf on 6/25/2019. (ejb)
June 25, 2019 Opinion or Order Filing 39 ORDER granting #37 Motion for Leave to Appear Pro Hac Vice as to Ann R. Schildhammer for Richard Scalzo. Signed by Magistrate Judge W. Carleton Metcalf on 6/25/2019. (ejb) Modified text on 6/25/2019 (ejb).
June 24, 2019 Filing 38 MOTION for Leave to Appear Pro Hac Vice as to Joseph C. Sullivan Filing fee $ 281, receipt number 0419-4072444. by Richard Scalzo. (Gulden, Brian). Motions referred to W. Carleton Metcalf.
June 24, 2019 Filing 37 MOTION for Leave to Appear Pro Hac Vice as to Ann R. Schildhammer Filing fee $ 281, receipt number 0419-4072423. by Richard Scalzo. (Gulden, Brian). Motions referred to W. Carleton Metcalf.
June 24, 2019 Filing 36 NOTICE of Appearance by Brian D. Gulden on behalf of Richard Scalzo (Gulden, Brian)
June 11, 2019 Notice to Kris J. Kostolansky: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/18/2019. (khm)
June 11, 2019 Opinion or Order Filing 35 ORDER granting #33 Motion for Leave to Appear Pro Hac Vice as to Kris J. Kostolansky. Signed by Magistrate Judge W. Carleton Metcalf on 6/11/2019. (khm)
June 11, 2019 Notice to Attorney Hermine Kallman: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/18/2019. (khm)
June 11, 2019 Opinion or Order Filing 34 ORDER granting #32 Motion for Leave to Appear Pro Hac Vice as to Hermine Kallman. Signed by Magistrate Judge W. Carleton Metcalf on 6/11/2019. (khm)
June 10, 2019 Filing 33 MOTION for Leave to Appear Pro Hac Vice as to Kris J. Kostolansky Filing fee $ 281, receipt number 0419-4055746. by MCK Family Partners, Ltd., John McKinney. (Van Sickle, R.). Motions referred to W. Carleton Metcalf.
June 10, 2019 Filing 32 MOTION for Leave to Appear Pro Hac Vice as to Hermine Kallman Filing fee $ 281, receipt number 0419-4055743. by MCK Family Partners, Ltd., John McKinney. (Van Sickle, R.). Motions referred to W. Carleton Metcalf.
June 10, 2019 Filing 31 NOTICE of Appearance by R. Matthew Van Sickle on behalf of All Plaintiffs (Van Sickle, R.)
June 5, 2019 Filing 30 Corporate Disclosure Statement by Gaia Herbs, Inc. (Weiss, James)
June 3, 2019 Notice to Hermine Kallman, Kris John Kostolansky, Megan M. Cunningham, Tamir I. Goldstein, Ann Reinhard Schildhammer, Joseph Cornelius Sullivan, Stacy Anne Carpenter, Thomas Hardy Wagner: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 6/10/2019. (rth)
June 3, 2019 Case assigned to District Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
June 3, 2019 Filing 29 Case transferred in from District of Colorado; Case Number 1:19-cv-00845. Original electronic file and docket sheet received.
June 3, 2019 Opinion or Order Filing 28 ORDER granting #20 Joint Motion to Transfer Case. The case shall be transferred to the Western District of North Carolina. ORDERED by Judge John L. Kane on 6/3/2019.(cthom, ) [Transferred from Colorado on 6/3/2019.]
May 30, 2019 Filing 27 Upon the passing of Judge Richard P. Matsch and pursuant to D.C.COLO.LCivR 40.1(a), this case has been reassigned to Judge John L. Kane effective this date. All future pleading should be designated as 19-cv-00845-JLK. (Text Only Entry) (ktera) [Transferred from Colorado on 6/3/2019.]
May 15, 2019 Filing 26 REPLY to Response in further support of #20 Joint MOTION to Transfer Case By Defendant Richard Scalzo and jointly filed by Cross Claimant Gaia Herbs, Inc., Defendant Gaia Herbs, Inc., Cross Defendant Gaia Herbs, Inc.. (Goldstein, Tamir) (Modified on 5/15/2019 edited the text to reflect that this is a Reply) (evana, ). [Transferred from Colorado on 6/3/2019.]
May 2, 2019 Filing 25 ANSWER to #21 Answer to Crossclaim and Defenses to Gaia Herb's Crossclaims by Richard Scalzo.(Wagner, Thomas) [Transferred from Colorado on 6/3/2019.]
May 2, 2019 Filing 24 ANSWER to #22 Answer to Complaint, Crossclaim of Defendant Richard Scalzo by Gaia Herbs, Inc..(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
May 1, 2019 Filing 23 RESPONSE to #20 Joint MOTION to Transfer Case By Defendant Richard Scalzo and filed by Plaintiffs MCK Family Partners, Ltd., John McKinney. (Cunningham, Megan) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 22 ANSWER to #9 Complaint , CROSSCLAIM against Gaia Herbs, Inc. by Richard Scalzo.(Wagner, Thomas) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 21 ANSWER to #9 Complaint , CROSSCLAIM against Richard Scalzo by Gaia Herbs, Inc..(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 20 Joint MOTION to Transfer Case By Defendant Richard Scalzo and by Defendant Gaia Herbs, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 19 NOTICE of Entry of Appearance by Megan M. Cunningham on behalf of MCK Family Partners, Ltd., John McKinneyAttorney Megan M. Cunningham added to party MCK Family Partners, Ltd.(pty:pla), Attorney Megan M. Cunningham added to party John McKinney(pty:pla) (Cunningham, Megan) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 18 NOTICE of Entry of Appearance by Joseph Cornelius Sullivan on behalf of Richard ScalzoAttorney Joseph Cornelius Sullivan added to party Richard Scalzo(pty:dft) (Sullivan, Joseph) [Transferred from Colorado on 6/3/2019.]
April 11, 2019 Filing 17 NOTICE of Entry of Appearance by Ann Reinhard Schildhammer on behalf of Richard ScalzoAttorney Ann Reinhard Schildhammer added to party Richard Scalzo(pty:dft) (Schildhammer, Ann) [Transferred from Colorado on 6/3/2019.]
March 28, 2019 Opinion or Order Filing 16 ORDER Granting #14 & #15 unopposed motions for extensions of time, to and including April 11, 2019, to respond to the Complaint, by Judge Richard P. Matsch on 3/28/2019. (ktera) [Transferred from Colorado on 6/3/2019.]
March 27, 2019 Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Complaint by Defendant Richard Scalzo. (Attachments: #1 Proposed Order (PDF Only) (Wagner, Thomas) [Transferred from Colorado on 6/3/2019.]
March 27, 2019 Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Complaint by Defendant Gaia Herbs, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
March 25, 2019 Filing 13 NOTICE of Entry of Appearance by James Michael Weiss on behalf of Gaia Herbs, Inc.Attorney James Michael Weiss added to party Gaia Herbs, Inc.(pty:dft) (Weiss, James) [Transferred from Colorado on 6/3/2019.]
March 22, 2019 Opinion or Order Filing 12 ORDER Upon #1 removal of this civil action and this Courts case management procedures, the Order Re: Discovery Protocol, Delay Reduction Order and the Pre-Trial Order entered in the Denver District Court on February 20, 2019, are vacated, by Judge Richard P. Matsch on 3/22/2019. (ktera) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rroge, ) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 10 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rroge, ) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 9 COMPLAINT and Jury Demand against Gaia Herbs, Inc., Richard Scalzo, filed by John McKinney, MCK Family Partners, Ltd..(rroge, ) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 8 NOTICE of Entry of Appearance by Stacy Anne Carpenter on behalf of Richard ScalzoAttorney Stacy Anne Carpenter added to party Richard Scalzo(pty:dft) (Carpenter, Stacy) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 7 JOINDER re #1 Notice of Removal,,, by Defendant Richard Scalzo. (Wagner, Thomas) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 6 NOTICE of Entry of Appearance of Kris J. Kostolansky, Esq. by Kris John Kostolansky on behalf of All Plaintiffs Attorney Kris John Kostolansky added to party MCK Family Partners, Ltd.(pty:pla), Attorney Kris John Kostolansky added to party John McKinney(pty:pla) (Kostolansky, Kris) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 5 NOTICE of Entry of Appearance by Hermine Kallman on behalf of MCK Family Partners, Ltd., John McKinneyAttorney Hermine Kallman added to party MCK Family Partners, Ltd.(pty:pla), Attorney Hermine Kallman added to party John McKinney(pty:pla) (Kallman, Hermine) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 4 NOTICE of Filing of Notice of Removal by Defendant Gaia Herbs, Inc. (Attachments: #1 Exhibit A)(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 3 NOTICE Civil Cover Sheet by Defendant Gaia Herbs, Inc. (Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]
March 21, 2019 Filing 1 NOTICE OF REMOVAL by Gaia Herbs, Inc. from Denver District Court, Case Number 19-cv-30657. (Filing fee $ 400, Receipt Number 1082-6594162), filed by Gaia Herbs, Inc.. (Attachments: #1 Exhibit 1 - State Court Register of Actions, #2 Exhibit 2 - State Court Complaint with Exhibits, #3 Exhibit 3 - District Court Civil Cover Sheet, #4 Exhibit 4 - District Court Civil Summons to Gaia, #5 Exhibit 5 - District Court Civil Summons to Scalzo, #6 Exhibit 6 - 2019-02-20 Discovery Protocol Order, #7 Exhibit 7 - 2019-02-20 Pre-Trial Order, #8 Exhibit 8 - 2019-02-20 Delay Reduction Order, #9 Exhibit 9 - 2019-03-06 Waiver of Service - Gaia, #10 Exhibit 10 - 2019-03-06 Waiver of Service Scalzo, #11 Exhibit 11 - Scalzo Consent to Removal, #12 Exhibit 12 - Cave Affidavit)(Goldstein, Tamir) [Transferred from Colorado on 6/3/2019.]

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Search for this case: McKinney et al v. Gaia Herbs, Inc. et al
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Defendant: Gaia Herbs, Inc.
Represented By: James Michael Weiss
Represented By: Tamir I. Goldstein
Represented By: Cameron Tyler Kirby
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Defendant: Richard Scalzo
Represented By: Joseph Cornelius Sullivan
Represented By: Ann Reinhard Schildhammer
Represented By: Stacy Anne Carpenter
Represented By: Thomas Hardy Wagner
Represented By: Brian D. Gulden
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Plaintiff: John McKinney
Represented By: Kris John Kostolansky
Represented By: Hermine Kallman
Represented By: Megan M. Cunningham
Represented By: R. Matthew Van Sickle
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Plaintiff: MCK Family Partners, Ltd.
Represented By: Kris John Kostolansky
Represented By: Hermine Kallman
Represented By: Megan M. Cunningham
Represented By: R. Matthew Van Sickle
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