H&N Construction Inc v. Tarkett USA, Inc. et al
| H&N Construction Inc |
| Tarkett USA, Inc., Tarkett Alabama Inc and Tarkett Inc |
| 1:2022cv02053 |
| November 15, 2022 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| David A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
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| Notice to Attorney Nickolas J. Steles. 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. (W,Jo) |
| Notice to Attorney Lauren M. Snyder. 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. (W,Jo) |
| Notice to Attorney Margaret Loveman. 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. (W,Jo) |
Filing 26
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 12/2/22 setting a case management conference on 2/2/2023 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. This Court requires the attendance of (1) all parties, (2) lead counsel, and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Rule 30.1)(T,A)
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| Filing 25 Attorney Appearance by Patrick J. Gump filed by on behalf of H&N Construction Inc. (Gump, Patrick) |
| Filing 24 Answer to Complaint with Jury Demand and Affirmative Defenses (Related Doc #1 ) filed by Tarkett USA, Inc.. (Meuti, Michael) |
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Filing 23
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge David A. Ruiz on 11/17/2022. (G,CA)
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| Judge James S. Gwin assigned to case. Judge David A. Ruiz terminated. (L,MI) |
| Filing 22 Motion for attorney Margaret H. Loveman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716025, filed by Defendant Tarkett USA, Inc.. (Attachments: #1 Exhibit A - Declaration of M. Loveman)(Meuti, Michael) |
| Filing 21 Attorney Appearance by James Richard Bedell filed by on behalf of Tarkett USA, Inc.. (Bedell, James) |
| Filing 20 Attorney Appearance by Michael D. Meuti filed by on behalf of Tarkett USA, Inc.. (Meuti, Michael) |
| Copy of docket sheet, #19 Magistrate Consent Form mailed to Nickolas J. Steles at 106 East 2nd Street Tuscumbia, AL 35674; and to Lauren M. Snyder at 1819 Fifth Ave N Suite 1000 Birmingham, AL 35203 on 11/15/2022. Related document(s) #19 . (M,CE) |
| Filing 19 Magistrate Consent Form issued. (M,CE) |
| Filing 18 CASE TRANSFERRED IN from District of Alabama Northern. Case number 3:22-cv-00242. Electronic file, transfer order, and docket sheet received. |
| Judge David A. Ruiz assigned to case. (M,CE) |
| 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,CE) |
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Filing 17
ORDER: The Court GRANTS IN PART th #6 MOTION to Dismiss or in the alternative, MOTION to Transfer, Courts II and III are DISMISSED and Count I is TRANSFERRED to the Northern District of Ohio; case will be electronically uploaded to the Northern District of Ohio 10 business days from this date. Signed by Judge C Lynwood Smith, Jr on 10/31/2022. (AHI) [Transferred from alnd on 11/15/2022.]
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| Filing 16 MEMORANDUM OPINION: Count I of the complaint is to be transferred tot he United States District Court for the Northern District of Ohio. Signed by Judge C Lynwood Smith, Jr on 10/31/2022. (AHI) [Transferred from alnd on 11/15/2022.] |
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Filing 15
SCHEDULING ORDER: Certain time limits and deadlines apply as set out in this order; Discovery due by 5/5/2023; Dispositive Motions due by 6/9/2023; Final Witness and Exhibit Lists are due by 7/7/2023; Trial ready by 8/2023. Signed by Judge C Lynwood Smith, Jr on 6/23/2022. (AHI) [Transferred from alnd on 11/15/2022.]
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| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Loveman, Margaret) [Transferred from alnd on 11/15/2022.] |
| Filing 13 REPLY Brief filed by Defendants Tarkett Alabama Inc, Tarkett Inc, Tarkett USA INC re: #12 Response (other) filed by Tarkett Alabama Inc, Tarkett Inc, Tarkett USA INC. (Loveman, Margaret) [Transferred from alnd on 11/15/2022.] |
| Filing 12 RESPONSE to Tarkett USA Brief In Support of Removal filed by H&N Construction Inc. (Steles, Nickolas) [Transferred from alnd on 11/15/2022.] |
| Filing 11 REPLY Brief filed by Defendant Tarkett USA INC re: #10 Order, Tarkett USA, Inc.'s Brief in Support of Notice of Removal filed by Tarkett USA INC. (Loveman, Margaret) [Transferred from alnd on 11/15/2022.] |
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Filing 10
ORDER: Tarkett USA is to file a brief addressing the issue referred to in this order by 5/23/2022; Plaintiff's response is due by 6/6/2022; Tarkett USA's reply, if any, is due by 6/13/2022. Signed by Judge C Lynwood Smith, Jr on 5/9/2022. (AHI) [Transferred from alnd on 11/15/2022.]
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| Filing 9 REPLY Brief filed by Defendants Tarkett Alabama Inc, Tarkett Inc, Tarkett USA INC re: #6 MOTION to Dismiss Defendants' Reply in Support of Motion to Dismiss, or in the Alternative, Motion to Transfer filed by Tarkett Alabama Inc, Tarkett Inc, Tarkett USA INC. (Loveman, Margaret) [Transferred from alnd on 11/15/2022.] |
| Filing 8 RESPONSE in Opposition re #6 MOTION to Dismiss filed by H&N Construction Inc. (Attachments: #1 Exhibit Exhibit 1 Affidavit of Hovater, #2 Exhibit Exhibit A to affidavit, #3 Exhibit Exhibit B to affidavit)(Steles, Nickolas) [Transferred from alnd on 11/15/2022.] |
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Filing 7
ORDER: Plaintiff is to file a respond to the Motion to Dismiss or in the Alternative to Transfer Venue by 3/21/2022; defendants' reply, if any, due by 3/31/2022. Signed by Judge C Lynwood Smith, Jr on 2/25/2022. (AHI) [Transferred from alnd on 11/15/2022.]
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| Filing Fee: Filing fee $ 402, receipt_number 1126-4020410 (B460111876). related document #1 NOTICE OF REMOVAL by Tarkett USA INC from Circuit Court of Lauderdale County, Alabama, case number 20-cv-2022-900018 filed by Tarkett USA INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(AHI). (Loveman, Margaret) Modified on 2/28/2022 (AHI). [Transferred from alnd on 11/15/2022.] |
| Filing 6 MOTION to Dismiss or in the alternative, MOTION to Transfer by Tarkett Inc and Tarkett USA INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(AHI) [Transferred from alnd on 11/15/2022.] |
| Filing 5 NOTICE of Corporate Disclosure by Tarkett Inc (AHI) [Transferred from alnd on 11/15/2022.] |
| Filing 4 NOTICE of Corporate Disclosure by Tarkett Alabama Inc (AHI) [Transferred from alnd on 11/15/2022.] |
| Filing 3 NOTICE of Corporate Disclosure by Tarkett USA INC (AHI) [Transferred from alnd on 11/15/2022.] |
| Filing 2 Consent to Removal by Tarkett Inc (AHI) [Transferred from alnd on 11/15/2022.] |
| Filing 1 NOTICE OF REMOVAL by Tarkett USA INC from Circuit Court of Lauderdale County, Alabama, case number 20-cv-2022-900018 filed by Tarkett USA INC. (Attachments: #1 Exhibit A, #2 Exhibit B)(AHI) [Transferred from alnd on 11/15/2022.] |
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