Q Level, LLC v. Moog Music, Inc.
| Q Level, LLC |
| Moog Institute, Inc. and Moog Music, Inc. |
| 1:2020cv00046 |
| February 12, 2020 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Contract: Other |
| Plaintiff |
Docket Report
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| Filing 38 Case transferred in from District of California Central; Case Number 2:19-cv-08962. Original electronic file and docket sheet received. |
| 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) |
| Set/Reset Deadlines: Moog Institute, Inc. answer due 2/26/2020; Moog Music, Inc. answer due 2/26/2020. (rth) |
| Notice to Garrett Scott Llewellyn, Amy Michelau, Timothy Douglas Robinett, Vincent P Schmeltz, III: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 2/19/2020. (rth) |
Filing 37
ORDER GRANTING IN PART Defendants' Motion to Dismiss or, in the Alternative, to Transfer Venue (Dkt. 33) by Judge Virginia A. Phillips: The Court therefore DENIES the Motion to Dismiss and TRANSFERS the case to the Western District of North Carolina. The Clerk is directed to initiate the transfer to the Western District of North Carolina. Case transferred to Western District of North Carolina. Electronic docket sheet sent. Electronic documents are available through PACER. (MD JS-6. Case Terminated.) (bm) [Transferred from California Central on 2/12/2020.]
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| Filing 36 SCHEDULING NOTICE (IN CHAMBERS): COUNSEL OF RECORD ARE HEREBY NOTIFIED that on the Court's own motion, the hearing on Defendant's Motion to Dismiss Amended Complaint set for 2/10/2020, is hereby TAKEN OFF CALENDAR. No appearance by counsel will be necessary. This matter is appropriate for resolution without hearing pursuant to See Fed. R. Civ. P. 78; L.R. 7-15, and will stand submitted on the papers timely filed. by Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY [Transferred from California Central on 2/12/2020.] |
| Filing 35 REPLY in support of Notice of Motion and Motion to Dismiss #33 or in the Alternative to Transfer Venue to the Western District of North Carolina filed by Defendants Moog Institute, Inc., Moog Music, Inc.. (Adams, Michael) [Transferred from California Central on 2/12/2020.] |
| Filing 34 OPPOSITION to to Dismiss #33 filed by Plaintiff Q Level, LLC. (Attachments: #1 Declaration of Gillian Ryan in Support of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss or Transfer Venue, #2 Exhibit A to Ryan Declaration, #3 Exhibit B to Ryan Declaration, #4 Exhibit C to Ryan Declaration, #5 Exhibit D to Ryan Declaration)(Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 33 NOTICE of Motion and Motion to Dismiss Amended Complaint filed by Defendants Moog Institute, Inc., Moog Music, Inc.. Motion set for hearing on 2/10/2020 at 2:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Proposed Order for Motion to Dismiss)(Adams, Michael) Modified on 1/13/2020 (bm). [Transferred from California Central on 2/12/2020.] |
| Filing 32 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Q Level, LLC(Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #18 filed by Defendants Moog Institute, Inc., Moog Music, Inc.. (Attachments: #1 Declaration -Second Declaration of Michael J. Adams in Support of Moog Institute's Motion to Dismiss or Transfer Venue, #2 Exhibit 1- Exhibit 1 to Second Declaration of Michael J. Adams in Support of Moog Institute's Motion, #3 Declaration -Second Declaration of Michael J. Adams in Support of Moog Music's Motion to Dismiss or Transfer Venue)(Adams, Michael) [Transferred from California Central on 2/12/2020.] |
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Filing 31
MINUTE ORDER (IN CHAMBERS) GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT AND DENYING AS MOOT MOTION TO DISMISS CASE [Doc. Nos. 18, 29] by Judge Virginia A. Phillips finding as moot #18 MOTION to Dismiss Case; granting #29 MOTION for Leave to File: The Court, therefore, GRANTS Plaintiff's Motion for Leave to File an Amended Complaint, (Doc. No. 29), and DENIES AS MOOT Defendants' Motion to Dismiss the Case, (Doc. No. 18). Defendants shall respond to the FAC no later than January 10, 2019. (see document for further details) (bm) [Transferred from California Central on 2/12/2020.]
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| Filing 29 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Q Level, LLC. Motion set for hearing on 1/13/2020 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit A, #2 Declaration of Garrett S. Llewellyn ISO Motion for Leave, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order) (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 28 OPPOSITION to Defendants' re: NOTICE OF MOTION AND MOTION to Dismiss Case #18 filed by Plaintiff Q Level, LLC. (Attachments: #1 Declaration of Gillian Ryan ISO Plaintiff's Response In Opposition to Defendants' Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
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Filing 27
ORDER by Judge Virginia A. Phillips: granting #22 Non-Resident Attorney Jami J Farris APPLICATION to Appear Pro Hac Vice on behalf of Defendants Moog Music, Inc., a North Carolina Corporation and Moog Institute, Inc., a North Carolina Nonprofit Corporation, designating Timothy D Robinett as local counsel. (bm) [Transferred from California Central on 2/12/2020.]
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Filing 26
ORDER by Judge Virginia A. Phillips: granting #21 Non-Resident Attorney Michael G. Adams APPLICATION to Appear Pro Hac Vice on behalf of Defendants Moog Music, Inc., a North Carolina Corporation and Moog Institute, Inc., a North Carolina Nonprofit Corporation, designating Timothy D. Robinett as local counsel. (bm) [Transferred from California Central on 2/12/2020.]
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| Filing 25 REFUND OF $400.00 made payable on 11/26/2019 to Melanie Mawema for payment made on 10/29/2019 Re: REQUEST for Refund of Fees Paid #14 . (rdj) [Transferred from California Central on 2/12/2020.] |
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Filing 24
ORDER by Judge Virginia A. Phillips: granting #13 Non-Resident Attorney Vincent P Schmeltz III APPLICATION to Appear Pro Hac Vice on behalf of Q Level, LLC, designating Garrett S. Llewellyn as local counsel. (bm) [Transferred from California Central on 2/12/2020.]
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Filing 23
ORDER by Judge Virginia A. Phillips: granting #10 Non-Resident Attorney Amy Michelau APPLICATION to Appear Pro Hac Vice on behalf of Q Level, LLC, designating Garrett S. Llewellyn as local counsel. (bm) [Transferred from California Central on 2/12/2020.]
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| Filing 22 APPLICATION of Non-Resident Attorney Jami J. Farris to Appear Pro Hac Vice on behalf of Defendants Moog Institute, Inc., Moog Music, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24802666) filed by Defendants Moog Institute, Inc., Moog Music, Inc.. (Attachments: #1 Proposed Order Proposed Order for Pro Hac Vice Application for J. Farris) (Robinett, Timothy) [Transferred from California Central on 2/12/2020.] |
| Filing 21 APPLICATION of Non-Resident Attorney Michael G. Adams to Appear Pro Hac Vice on behalf of Defendants Moog Institute, Inc., Moog Music, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24802564) filed by Defendants Moog Institute, Inc., Moog Music, Inc.. (Attachments: #1 Proposed Order Proposed Order for Pro Hac Vice Application for M. Adams) (Robinett, Timothy) [Transferred from California Central on 2/12/2020.] |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #13 RE: APPLICATION re PHV #12 by Clerk of Court. Document is STRICKEN. Amended document #13 filed on 10/31/2019. (bm) [Transferred from California Central on 2/12/2020.] |
| Filing 19 Certification & Notice of Interested Parties of Interested Parties filed by Defendants All Defendants, identifying Moog Music, Inc.; Moog Institute, Inc.. (Robinett, Timothy) [Transferred from California Central on 2/12/2020.] |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Moog Institute, Inc., Moog Music, Inc.. Motion set for hearing on 1/6/2020 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Declaration Declaration of M. Adams Re Moog Institute, #2 Exhibit Exhibit 1 to Declaration of M. Adams Re Moog Institute, #3 Exhibit Exhibit 2 to Declaration of M. Adams Re Moog Institute, #4 Declaration Declaration of M. Adams Re Moog Music, #5 Exhibit Exhibit 1 to Declaration of M. Adams Re Moog Music, #6 Exhibit Exhibit 2 to Declaration of M. Adams Re Moog Music, #7 Exhibit Exhibit 3 to Declaration of M. Adams Re Moog Music, #8 Exhibit Exhibit 4 to Declaration of M. Adams Re Moog Music, #9 Exhibit Exhibit 5 to Declaration of M. Adams Re Moog Music, #10 Declaration Declaration of J. Farris Re Motion, #11 Exhibit Exhibit 1 to Declaration of J. Farris, #12 Exhibit Exhibit 2 to Declaration of J. Farris, #13 Exhibit Exhibit 3 to Declaration of J. Farris, #14 Proposed Order Proposed Order for Motion to Dismiss) (Attorney Timothy Douglas Robinett added to party Moog Institute, Inc.(pty:dft), Attorney Timothy Douglas Robinett added to party Moog Music, Inc.(pty:dft)) (Robinett, Timothy) [Transferred from California Central on 2/12/2020.] |
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Filing 17
STANDING ORDER by Judge Virginia A. Phillips. (bh) [Transferred from California Central on 2/12/2020.]
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| Filing 16 PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Attorney Civil Case Opening) #1 upon All Plaintiffs, Q Level, LLC served by Personal service, by Federal statute, upon Michael J. Adams, Chief Executive Officer/President, Authorized Agent. (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
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Filing 15
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Virginia A. Phillips for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-08962 VAP(SSx). (rn) [Transferred from California Central on 2/12/2020.]
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| Filing 14 REQUEST for Refund of Fees Paid filed by Plaintiff's Q Level, LLC. (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 13 Amended APPLICATION of Non-Resident Attorney Vincent P. Schmeltz III to Appear Pro Hac Vice on behalf of Plaintiff Q Level, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 10/29/2019, Receipt No. 0973-24689523) filed by Plaintiff's Q Level, LLC. (Attachments: #1 Proposed Order) (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Vincent P. Schmetlz III to Appear Pro Hac Vice on behalf of Plaintiff Q Level, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24689572) #11 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): DC missing. (lt) [Transferred from California Central on 2/12/2020.] |
| Filing 11 DOCUMENT STRICKEN ON 11/15/19. APPLICATION of Non-Resident Attorney Vincent P. Schmetlz III to Appear Pro Hac Vice on behalf of Plaintiff Q Level, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24689572) filed by Plaintiff's Q Level, LLC. (Attachments: #1 Proposed Order) (Llewellyn, Garrett) Modified on 11/15/2019 (bm). [Transferred from California Central on 2/12/2020.] |
| Filing 10 APPLICATION of Non-Resident Attorney Amy Michelau to Appear Pro Hac Vice on behalf of Plaintiff Q Level, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24689523) filed by Plaintiff's Q Level, LLC. (Attachments: #1 Proposed Order) (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Amy Michelau. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) [Transferred from California Central on 2/12/2020.] |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Vincent P. Schmeltz III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) [Transferred from California Central on 2/12/2020.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Moog Institute, Inc., and Moog Music, Inc. (jtil) [Transferred from California Central on 2/12/2020.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 2/12/2020.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Suzanne H. Segal. (jtil) [Transferred from California Central on 2/12/2020.] |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Q LEVEL, LLC, a Nevada limited liability company, (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Q LEVEL, LLC, a Nevada limited liability company. (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Q LEVEL, LLC, a Nevada limited liability company. (Llewellyn, Garrett) [Transferred from California Central on 2/12/2020.] |
| Filing 1 COMPLAINT Receipt No: 0973-24625123 - Fee: $400, filed by Plaintiff Q LEVEL, LLC, a Nevada limited liability company. (Attorney Garrett Scott Llewellyn added to party Q LEVEL, LLC, a Nevada limited liability company(pty:pla))(Llewellyn, Garrett)[Transferred from California Central on 2/12/2020.] |
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