Geostabilization International, LLC v. Freistaedter et al
| Geostabilization International, LLC and Geo Holding Parent Corporation |
| David Freistaedter and Rock Supremacy, LLC |
| 2:2023cv00059 |
| June 6, 2023 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Cynthia R Wyrick |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 33 RESPONSE in Opposition re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 32 MOTION for Hearing re #4 MOTION for Preliminary Injunction Plaintiffs' Renewed Motion for Preliminary Injunction and For Evidentiary Hearing by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
Filing 31
ORDER re #2 MOTION for Discovery Motion for Expedited Discovery filed by Geostabilization International, LLC. The Court held a hearing on July 27, 2023 to preliminarily address Plaintiff's Motion for Expedited Discovery in light of recent filings. After hearing argument, the Court advised the parties its initial inclination is to grant some expedited discovery but noted that if it did so, expedited discovery would be limited in nature and scope. Upon inquiry from the Court, Defendants counsel advised there had been limited discussion regarding a potential agreement as to the scope of expedited discovery. Additionally, Defendants requested the opportunity to obtain expedited limited-scope discovery from Plaintiff as well if the Court permitted Plaintiff to obtain such from Defendants. The Court indicated that any grant of expedited discovery would address the discovery needs of all parties. The Court directed counsel to confer and attempt to reach an agreement regarding expedited discovery. If the parties are unable to reach a full agreement as to this issue, the Court will address Plaintiff's Motion [Doc. 2], and Defendants' response thereto in full and on the merits on Tuesday, August 8, 2023 at 2:30 p.m. by video. Should the parties reach an agreement regarding expedited discovery, chambers should be so notified, and the hearing will be canceled. Signed by Magistrate Judge Cynthia R Wyrick on 7/28/2023. (LCK)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Cynthia R Wyrick: Motion Hearing held on 7/27/2023 re #2 MOTION for Discovery Motion for Expedited Discovery filed by Geostabilization International, LLC. A Status Conference is set for 8/8/2023 at 2:30 PM in Courtroom 300 - Greeneville before Magistrate Judge Cynthia R Wyrick. Order to enter. (Court Reporter DCR)(Tape #2:02-2:21) (AGG) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by David Freistaedter. (Attachments: #1 Brief in Support of Motion to Dismiss)(Tahinci, Alexis) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rock Supremacy, LLC. (Attachments: #1 Other Brief in Support of Motion to Dismiss)(Tahinci, Alexis) |
| Filing 27 RESPONSE in Opposition re #2 MOTION for Discovery Motion for Expedited Discovery filed by David Freistaedter, Rock Supremacy, LLC. (Attachments: #1 Exhibit Exhibit 1)(Tahinci, Alexis) |
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Filing 26
ORDER denying as moot #22 Motion to Dismiss for Failure to State a Claim.Here, the FAC contains different factual allegations and the claims are slightly altered.Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiffs were entitled to amend their pleadingonce as a matter of course within (i) 21 days after serving it or, (ii) if the pleading is one to whicha responsive pleading is required, 21 days after the service of a responsive pleading or 21 daysafter a motion under, inter alia, Rule 12(b), whichever is earlier. Because Plaintiffs timely filedthe FAC and its allegations are not identical to those in the original Complaint [Doc. 1],Defendants Motion to Dismiss for Failure to State a Claim [Doc. 22] is DENIED AS MOOTwith leave to refile.Finally, at the July 5, 2023, teleconference with the Court, the parties agreed thatDefendants motion to dismiss, when filed, should be decided before Plaintiffs Motion forPreliminary Injunction [Doc. 4]. Though no formal motion was made, Plaintiffs verbally soughtan expedited briefing schedule for the forthcoming motion to dismiss. Defendants opposed and theCourt took the matter under advisement. The Motion to Dismiss [Doc. 22] has now been deniedas moot and no formal motion for expedited consideration has been filed. Moreover, rather thanfiling a response that would put the merits of the Motion to Dismiss [Doc. 22] swiftly before theCourt, Plaintiffs chose to amend the complaint. Accordingly, the verbal motion for expeditedconsideration of the Motion to Dismiss [Doc. 22] is DENIED AS MOOT.- 3 -The parties are reminded of their obligation to confer in good faith prior to the filing of amotion to dismiss. [Doc. 5]. Signed by District Judge Charles E Atchley, Jr on 7/25/2023. (DJH)
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| Filing 25 RESPONSE to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
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Filing 24
ORDER Setting Hearing on Motion re #2 MOTION for Discovery Motion for Expedited Discovery: Plaintiff Geostabilization International, LLC has filed a Motion for Expedited Discovery [Doc. 2]. A hearing to address this motion will be held by videoconference on Thursday, July 27, 2023, at 2:00 p.m. EDT. Videoconferencing information will be distributed to counsel via email from the Clerk's office. (Motion Hearing set for 7/27/2023 at 2:00 PM before Magistrate Judge Cynthia R Wyrick). Signed by Magistrate Judge Cynthia R Wyrick on 7/20/2023. (LCK) (Main Document 24 replaced on 7/21/2023) (LCK). Modified to reflect corrected document association on 7/21/2023 (LCK).
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| Filing 23 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against All Defendants., filed by Geostabilization International, LLC, Geo Holding Parent Corporation.(Johnson, David) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by David Freistaedter, Rock Supremacy, LLC. (Attachments: #1 Other Brief in Support of Motion to Dismiss)(Tahinci, Alexis) |
| Filing 21 Certificate of Citizenship by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
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Filing 20
ORDER Accordingly, on or before July 17, 2023, Plaintiffs are ORDERED to file a supplement to their Certificate of Citizenship identifying the members of Soil Nail Holdings, LLC, and the citizenship of those members. Signed by District Judge Charles E Atchley, Jr on 7/10/2023. (DJH)
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| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 18 Certificate of Citizenship by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 17 Certificate of Corporate Interest by Rock Supremacy, LLC. (Tahinci, Alexis) |
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Filing 16
ORDER: Accordingly, on or before July 14, 2023, Plaintiffs are ORDERED to show cause in writing why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs are put ON NOTICE that failure to comply with this Order may result in the dismissal of this action without prejudice. The Court notes that Defendant Rock Supremacy is also a limited liability company. Accordingly, Defendant Rock Supremacy is REMINDED of its obligation to file a disclosure statement identifying the citizenship of its LLC members and any sub-members "with its first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civil P. 7.1(b)(1). Signed by District Judge Charles E Atchley, Jr on 7/7/2023. (BJL)
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| Filing 15 NOTICE by David Freistaedter, Rock Supremacy, LLC re #13 Summons Returned Executed(non-USA) Stipulation of Extension to Respond to Complaint (Tahinci, Alexis) |
| Filing 14 NOTICE of Appearance by Alexis Irene Tahinci on behalf of All Defendants (Tahinci, Alexis) |
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Scheduling Conference SET for 7/5/2023 at 03:00 PM ET in Judge's Chambers (Telephonic Hearing) before District Judge Charles E. Atchley, Jr. The dial-in number for the conference is 1-877-402-9753 and the access code is 1977146. This entry is the complete Order of the Court. No document is attached. Signed by District Judge Charles E. Atchley, Jr., on June 30, 2023. (KLW)
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| Filing 13 SUMMONS Returned Executed by Geostabilization International, LLC, Geo Holding Parent Corporation. Rock Supremacy, LLC served on 6/13/2023. (Johnson, David) |
| Filing 12 SUMMONS Returned Executed by Geostabilization International, LLC, Geo Holding Parent Corporation. David Freistaedter served on 6/20/2023. (Johnson, David) |
| Filing 11 Summons Issued as to Rock Supremacy, LLC. (KDO) |
| Filing 10 SUPPLEMENT to #1 Complaint,, Summons to be issued as to Rock Supremacy, LLC by Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 9 Certificate of Corporate Interest by Geo Holding Parent Corporation, Geostabilization International, LLC identifying Corporate Parent Geo Holding Parent Corporation for Geo Holding Parent Corporation, Geostabilization International, LLC. (Johnson, David) |
| Filing 8 Summons Issued as to David Freistaedter. (AGG) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 (AGG) |
| NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1 by All Plaintiffs. (AGG) |
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Filing 7
Order Governing Sealing Confidential Information Signed by District Judge Charles E Atchley, Jr on 06/06/2023. (AGG)
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Filing 6
Order Governing Motions To Dismiss Signed by District Judge Charles E Atchley, Jr on 06/06/2023. (AGG)
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Filing 5
Order Governing Depositions Signed by District Judge Charles E Atchley, Jr on 06/06/2023. (AGG)
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| District Judge Charles E Atchley, Jr and Magistrate Judge Cynthia R Wyrick added. (AGG) |
| Filing 4 MOTION for Preliminary Injunction by Geostabilization International, LLC. (Johnson, David) |
| Filing 3 MEMORANDUM in Support of Motion re #2 MOTION for Discovery Motion for Expedited Discovery filed by Geostabilization International, LLC. (Johnson, David) |
| Filing 2 MOTION for Discovery Motion for Expedited Discovery by Geostabilization International, LLC. (Attachments: #1 Exhibit First Interrogatories and Request for Production, #2 Other Proposed Order)(Johnson, David) |
| Filing 1 COMPLAINT VERIFIED COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-5388995.), filed by Geostabilization International, LLC. (Attachments: #1 Exhibit 1-Employment Agreement, #2 Exhibit 2-Stock Option Agreement, #3 Exhibit 3-Joinder to GSI, #4 Exhibit 4-Project Cannon, #5 Exhibit 5-5/08/23 letter, #6 Exhibit 6-5/19/23 letter, #7 Exhibit 7-5/15/23 letter, #8 Exhibit 8-5/26/23 letter, #9 Other Civil Cover Sheet, #10 Summons Summons-David Freistaedter)(Johnson, David) |
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