C&C Contractors LLC v. Mack Industries, Inc.
| C&C Contractors LLC |
| Mack Industries, Inc. |
| 1:2018cv01440 |
| June 26, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Medina |
| Donald C Nugent |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
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Filing 29
Order of Case Dismissal. Judge Donald C. Nugent on 8/13/18. (R,JM)
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| Filing 28 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by C&C Contractors LLC. (O'Rourke, R.) |
| Filing 27 Answer to Second Amended Complaint filed by Mack Industries, Inc.. Related document(s) #13 . (Scheaf, O.) |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by Travis R. Wisdom, Esq. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #26 ). Judge Donald C. Nugent on 7/26/18.(R,JM)
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| Filing 26 Motion for attorney Travis R. Wisdom to Appear Pro Hac Vice (with Affidavit). Filing fee $ 120, receipt number 0647-8820975, filed by Plaintiff C&C Contractors LLC. (Attachments: #1 Proposed Order)(Turner, Peter) |
| Filing 25 Notice of Substitution of Counsel removing attorney Richard W. Vollmer, III and adding attorney O. Judson Scheaf, III filed by on behalf of Mack Industries, Inc.. (Scheaf, O.) |
| Filing 24 Attorney Appearance by R. Russell O'Rourke and Peter Turner filed by on behalf of C&C Contractors LLC. (O'Rourke, R.) |
| Filing 23 Case Management Conference Scheduling Order with case management conference to be held on 8/14/2018 at 03:00 PM at Chambers 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 7/9/2018. (M,S) |
| Filing 22 Notice of Appearance of Andrew J. Natale, Aaron S. Evenchik and O. Judson Scheaf, III filed by Mack Industries, Inc.. (Scheaf, O.) Wrong event used, text modified on 6/28/2018 (W,CM). |
| Filing 21 Magistrate Consent Form issued. (M,L) |
| Filing 20 CASE TRANSFERRED IN from District of Alabama Middle. Case number 3:18-cv-00496. Electronic file, transfer order and docket sheet received. |
| Judge Donald C. Nugent assigned to case. (M,L) |
| Notice to Attorney Richard Wade Volmer, III. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (D,JJ) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (M,L) |
| Copies of the Docket Sheet and #21 Magistrate Consent form sent to Attorneys Travis Russell Wisdom and Richard Wade Vollmer, III. (M,L) |
| Notice to Attorney Travis Russell Wisdom. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (D,JJ) |
| CONSENT to Jurisdiction by US Magistrate Judge by C&C Contractors LLC.. (no pdf document attached to this entry - see docket entry #18 for pdf)(kh, ) [Transferred from almd on 6/26/2018.] |
| CONSENT to Jurisdiction by US Magistrate Judge by Mack Industries, Inc. (no pdf document attached to this entry - see docket entry #18 for pdf)(kh, ) [Transferred from almd on 6/26/2018.] |
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Filing 19
ORDERED as follows: (1) The joint motion to transfer venue is GRANTED. See Doc. #18 . This cause is hereby TRANSFERRED to the United States District Court for the Northern District of Ohio. (2) The Clerk of Court is DIRECTED to annotate the docket to reflect the parties' consent to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c) for the limited purpose of ruling on the motions to transfer venue, and to take all necessary actions to transfer this matter to the United States District Court for the Northern District of Ohio. (3) The defendant's motion to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, motion to transfer venue is DENIED as MOOT. See Doc. #14 . Signed by Honorable Judge Susan Russ Walker on 6/25/2018. (kh, ) [Transferred from almd on 6/26/2018.]
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| Filing 18 MOTION JOINT MOTION OF PARTIES CONSENTING TO ASSIGNMENT TO MAGISTRATE AND TRANSFER OF CLAIM TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO by Mack Industries, Inc. and C&C Contractors, LLC (Vollmer, Richard) Modified on 6/22/2018 as filed on behalf of the plaintiff. (kh, ). [Transferred from almd on 6/26/2018.] |
| Filing 17 NOTICE of Assignment to Magistrate Judge sent to counsel for Mack Industries, Inc. (kh, ) [Transferred from almd on 6/26/2018.] |
| Filing 16 Corporate/Conflict Disclosure Statement by Mack Industries, Inc.. (Vollmer, Richard) [Transferred from almd on 6/26/2018.] |
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Filing 15
TEXT ORDER: Plaintiff shall file a brief in response to the defendant's #14 motion to dismiss or, in the alternative, to transfer venue on or before June 21, 2018. Defendant may file a reply brief on or before June 28, 2018. Thereafter, the motion will be taken under submission on the record and without oral argument. Signed by Honorable Judge Susan Russ Walker on 6/7/2018. (no pdf document attached to this entry)(kh, ) [Transferred from almd on 6/26/2018.]
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| Filing 14 MOTION to Dismiss for Lack of Jurisdiction and Venue or In the Alternative, to Transfer by Mack Industries, Inc.. (Attachments: #1 Exhibit EX 1, 2 and A)(Vollmer, Richard) [Transferred from almd on 6/26/2018.] |
| Filing 13 AMENDMENT TO COMPLAINT Second Amended Complaint against Mack Industries, Inc., filed by C&C Contractors LLC.(Wisdom, Travis) [Transferred from almd on 6/26/2018.] |
| Filing 12 AMENDMENT TO COMPLAINT Second Amended Complaint against Mack Industries, Inc., AMENDED COMPLAINT against Mack Industries, Inc., filed by C&C Contractors LLC.(Wisdom, Travis) [Transferred from almd on 6/26/2018.] |
| Filing 11 AMENDED COMPLAINT Second Amended Complaint against Mack Industries, Inc., filed by C&C Contractors LLC.(Wisdom, Travis) [Transferred from almd on 6/26/2018.] |
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Filing 10
ORDERED that plaintiff shall file, on or before June 8, 2018, a second amended complaint to demonstrate diversity jurisdiction, as further set out. Signed by Honorable Judge Susan Russ Walker on 6/1/2018. (kh, ) [Transferred from almd on 6/26/2018.]
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| Filing 9 Summons Returned Unexecuted as to Mack Industries, Inc. (Brunswick, OH 44212) with the following USPS Notation: "Return to Sender", "Not Deliverable as Addressed", "Unable to Forward". Counsel for plaintiff notified via this electronic notice. (kh, ) [Transferred from almd on 6/26/2018.] |
| Filing 7 AMENDED COMPLAINT First against Mack Industries, Inc., filed by C&C Contractors LLC.(Wisdom, Travis) [Transferred from almd on 6/26/2018.] |
| Filing 6 Corporate/Conflict Disclosure Statement by C&C Contractors LLC re #3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Wisdom, Travis) [Transferred from almd on 6/26/2018.] |
| Filing 8 Return Receipt Card showing service of Summons and #1 Complaint signed by Laura McHaney for Mack Industries, Inc. served on 5/17/2018, answer due 6/7/2018. (kh, ) [Transferred from almd on 6/26/2018.] |
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Filing 5
ORDERED that plaintiff shall file, on or before May 23, 2018, an amended complaint which sets forth allegations of fact that establish this courts subject matter jurisdiction. Failure to do so may result in the dismissal of this case without prejudice due to lack of subject matter jurisdiction or pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable Judge Susan Russ Walker on 5/17/2018. (kh, ) [Transferred from almd on 6/26/2018.]
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| Filing 4 Summons Issued as to Mack Industries, Inc. and mailed CMRRR with copy of #1 complaint. (kh, ) [Transferred from almd on 6/26/2018.] |
| Filing 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to C&C Contractors LLC Corporate Disclosures due by 5/29/2018. (Attachments: #1 Corporate/Conflict Attachment)(kh, ) [Transferred from almd on 6/26/2018.] |
| Filing 2 NOTICE of Assignment to Magistrate Judge sent to counsel for C&C Contractors LLC (kh, ) [Transferred from almd on 6/26/2018.] |
| Filing 1 COMPLAINT against Mack Industries, Inc. ( Filing fee $ 400.00 receipt number 4602049364.), filed by C&C Contractors LLC. (Attachments: #1 Filing Fee Receipt)(kh, ) [Transferred from almd on 6/26/2018.] |
| DEMAND for Trial by Jury by C&C Contractors LLC.(no pdf document attached to this entry - see docket entry #1 for pdf) (kh, ) [Transferred from almd on 6/26/2018.] |
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