CajunLand Pizza, LLC et al v. Marco's Franchising, LLC et al
| CajunLand Pizza, LLC, Crescent City Pizza, LLC, Partners Pizza, LLC, Ole Tyme Pizza, LLC, Sela Pizza No 2 LLC and Sela Pizza No 1 LLC |
| Marco's Pizza Holdings, LLC, Tony Libardi and Marco's Franchising, LLC |
| 3:2020cv00536 |
| March 10, 2020 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 39 Magistrate Consent Form issued. (M,L) |
| Filing 38 CASE TRANSFERRED IN from District of Louisiana Eastern. Case number 2:19-cv-10366. Electronic file, transfer order and docket sheet received. |
Filing 37
ORDER GRANTING #13 Motion to Transfer Actions Under U.S.C. 1404 or to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted. This case is TRANSFERRED to the Northern District of Ohio. Signed by Chief Judge Nannette Jolivette Brown on 3/9/2020.(jls) [Transferred from laed on 3/10/2020.]
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| Judge James G. Carr assigned to case. (M,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) |
| Copy of #39 Magistrate Consent Form and Docket Sheet mailed to Attorneys Brian J. Comarda, James Wesley Bearden, Rachel St. Paul Bland, and Susanne W. Jernigan at the addresses appearing on the docket on 3/10/2020. Related document(s) #39 . (M,L) |
| Filing 36 Memorandum of Factual Support for Diversity Jurisdiction filed by All Plaintiffs, in response to the #35 Order and Reasons re #13 MOTION to Transfer Actions Under U.S.C. 1404 or to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted . (Attachments: #1 Affidavit)(Centola, Lawrence) Modified text/linkage on 1/28/2020 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 35
ORDER AND REASONS re #13 Motion to Transfer Actions Under U.S.C. 1404 or to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted: IT IS HEREBY ORDERED that Plaintiffs proffer additional evidence as to the citizenship of the parties, as set forth in document. IT IS FURTHER ORDERED that if Plaintiffs fail to present such evidence within ten (10) days, or if after production it is evident that there is not complete diversity among the parties, the Court will dismiss this action. Signed by Chief Judge Nannette Jolivette Brown on 1/17/2020. (jls) [Transferred from laed on 3/10/2020.]
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| Filing 34 Correction of Docket Entry by Clerk re #32 Status Report. **Document has been marked as filed in error as a duplicate. See rec. doc. 33 for the corrected filing.** (jls) [Transferred from laed on 3/10/2020.] |
| Filing 33 Joint STATUS REPORT filed with the concurrence of Counsel for Defendants Marco's Franchising, LLC, Marco's Pizza Holdings, LLC, and Tony Libardi by CajunLand Pizza, LLC, Crescent City Pizza, LLC, Ole Tyme Pizza, LLC, Partners Pizza, LLC, Sela Pizza No 1 LLC (Centola, Lawrence) Modified text on 1/17/2020 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 32 **FILED IN ERROR/DUPLICATE FILING** STATUS REPORT Joint Status Report by CajunLand Pizza, LLC, Crescent City Pizza, LLC, Ole Tyme Pizza, LLC, Partners Pizza, LLC, Sela Pizza No 1 LLC (Centola, Lawrence) Modified on 1/17/2020 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 31
SCHEDULING ORDER: Final Pretrial Conference set for 9/2/2020 03:00 PM before Chief Judge Nannette Jolivette Brown. Bench Trial set for 9/21/2020 09:00 AM before Chief Judge Nannette Jolivette Brown. All discovery must be completed by 7/23/2020. Issued by the Clerk for Chief Judge Nannette Jolivette Brown. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(ko) [Transferred from laed on 3/10/2020.]
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| Filing 30 MOTION to Stay Discovery Pending Rulings on Dispositive Motions by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Blum, W.) Modified text on 11/26/2019 (pp). [Transferred from laed on 3/10/2020.] |
| Filing 29 NOTICE of hearing. Scheduling Conference set for 12/2/2019 at 2:45 PM before case manager by telephone. By Clerk.(jls) [Transferred from laed on 3/10/2020.] |
| Filing 28 REPLY to Response to Motion filed by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC re #13 MOTION to Transfer Case . (ko) [Transferred from laed on 3/10/2020.] |
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Filing 27
ORDER granting #24 Motion for Leave to File Reply. Signed by Chief Judge Nannette Jolivette Brown on 9/16/19. (ko) [Transferred from laed on 3/10/2020.]
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| Filing 26 REPLY to Response to Motion filed by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC re #14 MOTION to Compel Arbitration . (ko) [Transferred from laed on 3/10/2020.] |
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Filing 25
ORDER granting #23 Motion for Leave to File Reply. Signed by Chief Judge Nannette Jolivette Brown on 9/11/19. (ko) [Transferred from laed on 3/10/2020.]
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| Filing 24 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs Response to Motion to Transfer or Dismiss by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bland, Rachel) Modified text on 9/12/2019 (pp). [Transferred from laed on 3/10/2020.] |
| Filing 23 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs' Response to Motion to Compel Arbitration and Dismiss, rec. doc. 14 by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bland, Rachel) Modified text on 9/11/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 22 RESPONSE to Motion filed by CajunLand Pizza, LLC, Crescent City Pizza, LLC, Ole Tyme Pizza, LLC, Partners Pizza, LLC, Sela Pizza No 1 LLC, Sela Pizza No 2 LLC re #13 MOTION to Transfer Case. (Attachments: #1 Exhibit A, #2 Exhibit B)(Centola, Lawrence) Modified text on 9/4/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 21 RESPONSE to Motion filed by CajunLand Pizza, LLC, Crescent City Pizza, LLC, Ole Tyme Pizza, LLC, Partners Pizza, LLC, Sela Pizza No 1 LLC, Sela Pizza No 2 LLC re #14 MOTION to Compel Arbitration and to Dismiss Based on Binding Arbitration Provisions . (Centola, Lawrence) Modified text on 9/4/2019 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 20
ORDER GRANTING #19 MOTION to Change Submission Date. The submission dates on the #13 Motion to Transfer and the #14 Motion to Compel Arbitration are re-set for 9/11/2019. Signed by Chief Judge Nannette Jolivette Brown on 8/7/2019.(jls) [Transferred from laed on 3/10/2020.]
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| Filing 19 EXPARTE/CONSENT MOTION to Change Submission Date by CajunLand Pizza, LLC, Crescent City Pizza, LLC, Ole Tyme Pizza, LLC, Partners Pizza, LLC, Sela Pizza No 1 LLC, Sela Pizza No 2 LLC. (Attachments: #1 Proposed Order)(Centola, Lawrence) Modified text/filers on 8/7/2019 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice as to W. Barry Blum for defendants. Signed by Chief Judge Nannette Jolivette Brown on 7/26/2019. (Attachments: #1 Notice to Visiting Attorneys) (blg) [Transferred from laed on 3/10/2020.]
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| Filing 17 Correction of Docket Entry by Clerk re #16 MOTION to Enroll as Counsel of Record. **Filing attorney selected incorrect event. Correct event is Motion to Appear Pro Hac Vice. Clerk took corrective action by changing the event.** (jls) [Transferred from laed on 3/10/2020.] |
| Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice W. Barry Blum (Fee Previously Paid) by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Statement Under Oath, #4 Registration Form)(Bland, Rachel) Modified event/text on 7/26/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 15 Correction of Docket Entry by Clerk re #13 MOTION to Transfer Case, #14 MOTION to Compel Arbitration. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (clw) [Transferred from laed on 3/10/2020.] |
| Filing 14 MOTION to Compel Arbitration by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. Motion(s) will be submitted on 8/28/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Bland, Rachel) [Transferred from laed on 3/10/2020.] |
| Filing 13 MOTION to Transfer Actions Under U.S.C. 1404 or to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. Motion(s) will be submitted on 8/28/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Ex. 1, #4 Ex. 2, #5 Ex. 3, #6 Ex. 4, #7 Ex. 5, #8 Ex. 6, #9 Ex. 7, #10 Ex. 8)(Bland, Rachel) Modified text on 1/17/2020 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 12
ORDER GRANTING #10 Motion for Extension of Time to Answer re #1 Complaint. Tony Libardi, Marco's Franchising, LLC, and Marco's Pizza Holdings, LLC have until 7/24/2019 to respond. Signed by Chief Judge Nannette Jolivette Brown on 7/24/2019. (jls) [Transferred from laed on 3/10/2020.]
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| Filing 11 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Barry Blum (Filing fee $ 100 receipt number 053L-7762427) by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Statement Under Oath, #4 Registration Form)(Bland, Rachel) Modified on 7/22/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order)(Bland, Rachel) Modified text on 7/22/2019 (jls). [Transferred from laed on 3/10/2020.] |
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Filing 9
ORDER GRANTING #7 Motion to Enroll as Counsel of Record. Brian J. Comarda and Rachel S. Bland hereby enrolled as counsel of record in the above captioned matter on behalf of Defendant, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC, and Toby Libardi. Signed by Chief Judge Nannette Jolivette Brown on 7/18/2019. (jls) [Transferred from laed on 3/10/2020.]
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| Filing 8 Correction of Docket Entry by Clerk re #6 Notice of Appearance. **Document has been stricken. Notice of Appearance is not the proper form to request representation of a party; a motion is required. Motion to enroll counsel subsequently filed. No further action necessary.** (jls) [Transferred from laed on 3/10/2020.] |
| Filing 7 EXPARTE/CONSENT First MOTION to Enroll as Counsel of Record Brian J. Comarda and Rachel S. Bland by Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Proposed Order)Attorney Rachel St. Paul Bland added to party Tony Libardi(pty:dft), Attorney Rachel St. Paul Bland added to party Marco's Franchising, LLC(pty:dft), Attorney Rachel St. Paul Bland added to party Marco's Pizza Holdings, LLC(pty:dft).(Bland, Rachel) Modified text on 7/17/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 6 **STRICKEN** NOTICE of Appearance by Rachel St. Paul Bland on behalf of All Defendants. (Bland, Rachel) Modified on 7/17/2019 (jls). [Transferred from laed on 3/10/2020.] |
| Filing 5 Correction of Docket Entry by Clerk re #4 Summons Returned Executed. **1) Documents on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper'. Clerk has reduced images. No further action needed. **2) Main documents should have been the signed/sealed Summons with the certified mail return receipts provided after each Summons. Clerk has corrected the images. No further action necessary.** (mmv) [Transferred from laed on 3/10/2020.] |
| Filing 4 SUMMONS Returned Executed; Tony Libardi served on 5/28/2019, answer due 6/18/2019; Marco's Franchising, LLC served on 5/28/2019, answer due 6/18/2019; Marco's Pizza Holdings, LLC served on 5/28/2019, answer due 6/18/2019. (Attachments: #1 Summons, #2 Summons)(Centola, Lawrence) (Main Document 4 replaced on 6/12/2019) (mmv). (Attachment 1 replaced on 6/12/2019) (mmv). (Attachment 2 replaced on 6/12/2019) (mmv). [Transferred from laed on 3/10/2020.] |
| Filing 3 Summons Issued as to Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC. (Attachments: #1 Summons, #2 Summons)(mmv) [Transferred from laed on 3/10/2020.] |
| Filing 2 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Dana Douglas. (gk) [Transferred from laed on 3/10/2020.] |
| Filing 1 COMPLAINT against Tony Libardi, Marco's Franchising, LLC, Marco's Pizza Holdings, LLC (Filing fee $ 400 receipt number 053L-7642499) filed by Partners Pizza, LLC, Sela Pizza No 2 LLC, Sela Pizza No 1 LLC, CajunLand Pizza, LLC, Ole Tyme Pizza, LLC, Crescent City Pizza, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)Attorney Lawrence J. Centola, III added to party CajunLand Pizza, LLC(pty:pla), Attorney Lawrence J. Centola, III added to party Crescent City Pizza, LLC(pty:pla), Attorney Lawrence J. Centola, III added to party Ole Tyme Pizza, LLC(pty:pla), Attorney Lawrence J. Centola, III added to party Partners Pizza, LLC(pty:pla), Attorney Lawrence J. Centola, III added to party Sela Pizza No 1 LLC(pty:pla), Attorney Lawrence J. Centola, III added to party Sela Pizza No 2 LLC(pty:pla).(Centola, Lawrence) Modified text on 5/14/2019 (mmv). [Transferred from laed on 3/10/2020.] |
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