Empire Building Construction, LLC v. Empire Homes, LLC et al
Plaintiff: Empire Building Construction, LLC
Defendant: Empire Homes, LLC and Empire Commercial, LLC
Case Number: 4:2024cv04019
Filed: February 1, 2024
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Nature of Suit: Property Rights: Trademark
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2024 Filing 12 CORPORATE Disclosure Statement by Empire Building Construction, LLC. (Engel, Joel)
March 21, 2024 Filing 11 CORPORATE Disclosure Statement by Empire Commercial, LLC, Empire Homes, LLC identifying Corporate Parent EHPH, LLC for Empire Commercial, LLC, Empire Homes, LLC. (Nichols, Shawn)
March 18, 2024 Filing 10 NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Empire Building Construction, LLC, Empire Commercial, LLC, and Empire Homes, LLC have not complied. Said parties have three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB)
March 14, 2024 Filing 9 REPLY to #7 Memorandum in Opposition to Motion in Support of Motion to Dismiss filed by Empire Commercial, LLC, Empire Homes, LLC. (Nichols, Shawn)
February 29, 2024 Filing 8 AFFIDAVIT in Opposition re #4 MOTION to DISMISS filed by Empire Building Construction, LLC. (Attachments: #1 Exhibit Exhibit 1 - Letter, #2 Exhibit Exhibit 2 - Trademark Registrations) (Engel, Joel)
February 29, 2024 Filing 7 MEMORANDUM in Opposition re #4 MOTION to DISMISS filed by All Plaintiffs. (Engel, Joel)
February 8, 2024 Filing 6 MOTION Judicial Notice re #4 MOTION to DISMISS by Empire Commercial, LLC, Empire Homes, LLC. (Attachments: #1 Exhibit 1- Empire Secretary of State Results, #2 Exhibit 2- Empire Fictitious Name Filings, #3 Exhibit 3- Steel Erectors Inc Secretary of State filing) (Wilka, Claire)
February 8, 2024 Filing 5 MEMORANDUM in Support re #4 MOTION to DISMISS filed by Empire Commercial, LLC, Empire Homes, LLC. (Wilka, Claire).
February 8, 2024 Filing 4 MOTION to DISMISS by Empire Commercial, LLC, Empire Homes, LLC. (Wilka, Claire)
February 1, 2024 Filing 3 NOTICE of Extension of Time to Answer or Otherwise Respond by Empire Commercial, LLC, Empire Homes, LLC UNOPPOSED. (Nichols, Shawn)
February 1, 2024 Filing 2 NOTICE of Appearance by Shawn M. Nichols on behalf of All Defendants. (Nichols, Shawn)
February 1, 2024 Filing 1 NOTICE OF REMOVAL by All Defendants from Minnehaha County, case number 49CIV24-000218. ($405 fee paid, receipt# ASDDC-4211673). (Attachments: #1 Ex. A - Summons & Complaint, #2 Ex. B - Admisson of Service)(SAC)
February 1, 2024 CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (SAC)

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Plaintiff: Empire Building Construction, LLC
Represented By: Joel E. Engel, III
Represented By: Sander J. Morehead
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Defendant: Empire Homes, LLC
Represented By: Claire E. Wilka
Represented By: Shawn M. Nichols
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Defendant: Empire Commercial, LLC
Represented By: Claire E. Wilka
Represented By: Shawn M. Nichols
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