Servpro Industries, Inc. v. Woloski et al
| Servpro Industries, Inc. |
| Tammy Woloski, Delta Dawgs Construction Corp., Paul Woloski and Delta Dawgs Construction Corp. doing business as Servpro of Rosemead/South El Monte |
| Richard Connor |
| 3:2017cv01433 |
| November 3, 2017 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| William L Campbell |
| Barbara D Holmes |
| Aleta A Trauger |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.
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Filing 243
NOTICE by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski NOTICE OF SUGGESTION OF BANKRUPTCY AND NOTICE OF AUTOMATIC STAY OF PROCEEDINGS (Craft, Perry)
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Filing 242
ORDER: For the reasons stated herein, Servpro's Refiled and Amended Motion for fees and costs (Doc. No. #228 ) is GRANTED. Servpro is awarded $1,143,244.01 in fees and costs. Defendants' Motion for Review (Doc. No. #239 ) is DENIED. Signed by District Judge William L. Campbell, Jr on 3/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 241
REPLY to Response to re #239 MOTION for Review re #238 Costs Taxed to Defendants filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 240
RESPONSE in Opposition re #239 MOTION for Review re #238 Costs Taxed to Defendants SERVPRO INDUSTRIES, LLCS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION SEEKING REVIEW OF THE CLERKS TAXATION OF COSTS filed by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 239
MOTION for Review re #238 Costs Taxed to Defendants by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 238
TAXATION OF COSTS in amount of $34,508.75 against Defendants Tammy Woloski, Paul Woloski, and Delta Dawgs Construction Corp. (ln)
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Filing 237
REPLY to Response to re #228 MOTION REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS filed by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 236
SUPPLEMENTAL AFFIDAVIT OF TAMMY WOLOSKI re #235 Response in Opposition to Motion by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry) Modified text on 5/16/2022 (ln).
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Filing 235
RESPONSE in Opposition re #228 MOTION REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 234
NOTICE of Change of Address by Perry A. Craft (Craft, Perry)
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Filing 233
ORDER: Motion #232 GRANTED; Response due by May 15, 2022. Signed by District Judge William L. Campbell, Jr on 4/26/2022. (ln)
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Filing 232
Unopposed MOTION for Extension of Time to File Response/Reply as to #228 MOTION REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Attachment Proposed Order)(Craft, Perry)
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Filing 231
DECLARATION of Leo Ching filed by Servpro Industries, Inc. re: #228 REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS . (Attachments: #1 Supp. Ex. 1 - Calculations)(Harvey, Robb)
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Filing 230
SUPPLEMENTAL DECLARATION of Robb S. Harvey filed by Servpro Industries, Inc. re: #228 REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS . (Attachments: #1 Supp. Ex. 1 - Billing Statements, #2 Supp. Ex. 2 - California Minute Order)(Harvey, Robb)
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Filing 229
MEMORANDUM in Support of #228 REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS filed by Servpro Industries, Inc. (Harvey, Robb)
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Filing 228
REFILED AND AMENDED MOTION FOR ADDITIONAL JUDGMENT FOR FEES AND COSTS by Servpro Industries, Inc. (Attachments: #1 Exhibit Supp. Ex. A - Fees and Costs)(Harvey, Robb)
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Filing 227
MEMORANDUM in Support of #226 Bill of Costs filed by Servpro Industries, Inc. (Renewed Bill of Costs). (Harvey, Robb)
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Filing 226
BILL OF COSTS (Renewed) by Servpro Industries, Inc.. (Harvey, Robb)
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TN State Bar status verified as active for Michael A. Cottone admitted to this court. (ln)
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Filing 225
NOTICE of Appearance by Michael A. Cottone on behalf of Servpro Industries, Inc. (Cottone, Michael)
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Filing 224
MANDATE of USCA as to #201 Notice of Appeal. (hb)
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Filing 223
INFORMATION COPY from 6CCA. OPINION filed: AFFIRMED. Decision not for publication. Alice M. Batchelder, Julia Smith Gibbons, and Richard Allen Griffin (AUTHORING), Circuit Judges. (CL) MANDATE TO ISSUE. (bs)
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Filing 222
ORDER: Pending before the Court is Plaintiff's Motion for Fees and Costs. (Doc. No. #213 ). This case is currently before the Sixth Circuit on appeal. The pending motion (Doc. No. #213 ) is DENIED without prejudice to refiling after the conclusion of the appeal. Signed by District Judge William L. Campbell, Jr on 1/21/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 221
REPLY to Response to re #213 MOTION Additional Judgment for Fees and Costs re #196 Order filed by Servpro Industries, Inc. (Attachments: #1 Exhibit 1. Civil Appeal Statement)(Harvey, Robb)
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Filing 220
RESPONSE in Opposition re #213 MOTION Additional Judgment for Fees and Costs re #196 Order filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Exhibit 1 - Affidavit of Tammy Woloski, #2 Exhibit 2 - Royalties, #3 Exhibit 3 - Affidavit of Perry A. Craft, #4 Exhibit 4 - Davidson County General Sessions Court fee schedule, #5 Exhibit 4B - Affidavit of Ernest Franceschi, Jr., #6 Exhibit 5 - Davidson County General Sessions Civil Warrant form, #7 Exhibit 6 - Davidson County General Sessions Civil Warrant Order, Griffith v. TN Auto Gallery, Inc., Docket No. 20GC12069)(Craft, Perry)
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NOTICE TO FILER re DE#209 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
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Filing 219
DECLARATION of Leo Ching filed by Servpro Industries, Inc. re: #213 MOTION Additional Judgment for Fees and Costs re #196 Order. (Harvey, Robb)
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Filing 218
DECLARATION of Jonathan Solish filed by Servpro Industries, Inc. re: #213 MOTION Additional Judgment for Fees and Costs re #196 Order. (Harvey, Robb)
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Filing 217
DECLARATION of Thor Urness filed by Servpro Industries, Inc. re: #213 MOTION Additional Judgment for Fees and Costs re #196 Order. (Harvey, Robb)
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Filing 216
DECLARATION of Nancy Sims filed by Servpro Industries, Inc. re: #213 MOTION Additional Judgment for Fees and Costs re #196 Order. (Attachments: #1 Exhibit 1 - DLA Piper Billing Records)(Harvey, Robb)
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Filing 215
DECLARATION of Robb Harvey filed by Servpro Industries, Inc. re: #213 MOTION Additional Judgment for Fees and Costs re #196 Order. (Attachments: #1 Exhibit 1 - Waller Billing Records)(Harvey, Robb)
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Filing 214
MEMORANDUM in Support of #213 MOTION Additional Judgment for Fees and Costs re #196 Order filed by Servpro Industries, Inc. (Harvey, Robb)
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Filing 213
MOTION Additional Judgment for Fees and Costs re #196 Order by Servpro Industries, Inc.. (Attachments: #1 Exhibit A - Hourly Rate and Fee Chart, #2 Exhibit B - Declaration of Ernest Franceschi, #3 Exhibit C - Settlement Offer)(Harvey, Robb)
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Filing 212
NOTICE REGARDNG TAXATION OF COSTS: On August 12, 2021, Plaintiff Servpro Industries, Inc. n/k/a Servpro Industries, LLC filed a Bill of Costs (Doc. No. #209 ) and supporting documentation. (Doc. Nos. #210 - #211 ). Prior to Plaintiff filing the Bill of Costs, on July 19, 2021, Defendants Tammy Woloski, Paul Woloski, and Delta Dawgs Construction Corp. filed a Notice of Appeal. (Doc. No. #201 ). Because the case is on appeal to the Sixth Circuit Court of Appeals, Court of Appeals Docket No. 21-5685, the Clerk denies the Bill of Costs without prejudice. The prevailing party may file a Bill of Costs upon resolution of the appeal. Signed by Lynda M. Hill, Clerk of Court, on 08/12/2021. (ln)
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Filing 211
DECLARATION of Kevin T. Elkins filed by Servpro Industries, Inc. re: #209 Bill of Costs. (Attachments: #1 Exhibit A. True and Correct copy of the PACER docket report page, #2 Exhibit B. True and Correct copies of court reporter and videographer invoices, #3 Exhibit C. True and Correct copies related to the copying of materials of invoices, #4 Exhibit D. True and Correct copies of invoices related to the compensation of interpreters used during the depositions of Tammy Woloski and Delta Dawgs Construction Corp.)(Elkins, Kevin)
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Filing 210
MEMORANDUM in Support of #209 Bill of Costs filed by Servpro Industries, Inc. . (Elkins, Kevin)
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Filing 209
BILL OF COSTS by Servpro Industries, Inc.. (Elkins, Kevin)
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Filing 208
Appeal Transcript filed for date of June 14, 2021, before Judge William L. Campbell Jr., re #201 Notice of Appeal. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 8/16/2021. Redaction Request due 8/30/2021. Redacted Transcript Deadline set for 9/9/2021. Release of Transcript Restriction set for 11/8/2021. (Jennings, Patty)
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Filing 207
Appeal Transcript filed for date of April 13, 2020, before Judge William L. Campbell Jr., re #201 Notice of Appeal. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 8/16/2021. Redaction Request due 8/30/2021. Redacted Transcript Deadline set for 9/9/2021. Release of Transcript Restriction set for 11/8/2021. (Jennings, Patty)
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Filing 206
ORDER: Pending before the Court is Defendants' Motion for Reconsideration (Doc. No. #205 ), requesting that the Court reconsider its Order (Doc. No. #204 ) granting Plaintiff's motion for an extension of time to file its bill of costs. Defendants' present motion appears to only further explain a position already considered. Defendants' Motion for Reconsideration is DENIED. Signed by District Judge William L. Campbell, Jr on 8/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 205
MOTION for Reconsideration re #204 Order on Motion for Extension of Time to File by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 204
ORDER: Motion #203 for Extension of Time to File Bill of Costs GRANTED. Signed by District Judge William L. Campbell, Jr on 7/22/2021.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 203
MOTION for Extension of Time to File Bill of Costs by Servpro Industries, Inc.. (Attachments: #1 Attachment Proposed Order Granting Motion for Extension of Time to File Bill of Costs)(Harvey, Robb)
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Filing 202
USCA Case Number 21-5685 for #201 Notice of Appeal, Case Manager Robin L. Johnson. (hb)
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Filing 201
NOTICE OF APPEAL as to #199 AGREED FINAL ORDER AND JUDGMENT by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. Filing fee $505, receipt number 0650-3412042. (Craft, Perry)
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Filing 200
ORDER: The parties have filed an Agreed Final Order and Judgment (Doc. No. #198 ), which the Court has approved and signed. This case is administratively closed. The parties' briefing schedule regarding attorneys' fees remains set. Signed by District Judge William L. Campbell, Jr on 6/21/2021. (vh)
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Filing 199
AGREED FINAL ORDER AND JUDGMENT: Servpro is awarded a judgment against Defendants, jointly and severally, for $12,622.82, which represents the principal and interest amount due and owing under the Secured Promissory Note. Interest will continue to accrue upon the principal balance of $11,679.94 at the contract rate of 2.9% per annum, simple interest, until such time as the judgment is satisfied. All pending motions and objections not expressly ruled upon are rendered MOOT by this Order and Judgment. Signed by District Judge William L. Campbell, Jr on 6/21/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 198
NOTICE of Filing by Servpro Industries, Inc. (Attachments: #1 Exhibit 1 - Agreed Final Order and Judgment)(Harvey, Robb)
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Filing 197
EXHIBIT AND WITNESS LIST prepared by Deputy Clerk re 6/14/2021 Pretrial Conference. (jm)
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Filing 196
ORDER: The parties appeared before the Court for a pretrial conference today and announced a resolution of the case. The parties expect to file a stipulation and agreed final order. Accordingly, the trial currently scheduled for June 23, 2021 is CANCELLED. All pending motions are MOOT. The parties requested a briefing schedule regarding Plaintiff's motion for attorneys' fees. The briefing schedule is as follows: Plaintiff shall file a motion on or before August 13, 2021. Defendants shall have 35 days from the date of the filing of Plaintiff's motion to file a response. Signed by District Judge William L. Campbell, Jr on 6/14/2021. (jm)
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Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Pretrial Conference held on 6/14/2021. The Court granted the parties' request for time to discuss settlement offers. Case settled, order to enter. (Court Reporter Patty Jennings.) (Hearing lasted :10)(ab)
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Filing 195
OBJECTIONS to Defendants' Proposed Jury Instructions filed by Servpro Industries, Inc. re #170 Proposed Jury Instructions. (Harvey, Robb)
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Filing 194
REPLY to Response to re #165 MOTION in Limine Nos. 4 - 11 filed by Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Payment History Report, #2 Exhibit 2 - Letter from R. Harvey, #3 Exhibit 3 - Check from T. Woloski)(Harvey, Robb)
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Filing 193
REPLY in Support re #164 MOTION in Limine No. 3 re Golden Rule Arguments filed by Servpro Industries, Inc. (Harvey, Robb)
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Filing 192
OBJECTIONS TO DEFENDANTS' DESIGNATION OF RICK FORSTER'S DEPOSITION TESTIMONY filed by Servpro Industries, Inc. re #168 Exhibit List. (Harvey, Robb)
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Filing 191
AMENDED NOTICE OF SERVPRO INDUSTRIES LLC REGARDING INTENTION TO USE INTERPRETER SERVICES by Servpro Industries, Inc. (Amended) (Harvey, Robb) Modified on 6/14/2021 (ln).
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Filing 190
SUPPLEMENT filed by Servpro Industries, Inc. re #185 Exhibit List. (Harvey, Robb)
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Filing 189
Witness List by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 188
Proposed Jury Instructions by Servpro Industries, Inc. . (Harvey, Robb)
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Filing 187
Proposed Jury Instructions by Servpro Industries, Inc. (Joint). (Harvey, Robb)
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Filing 186
RESPONSE to Motion re #161 MOTION in Limine No. 1 filed by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 185
Exhibit List by Servpro Industries, Inc... (Harvey, Robb)
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Filing 184
STIPULATION re #160 Order Setting Case for Trial by Servpro Industries, Inc. (Harvey, Robb)
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Filing 183
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 11 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 182
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 10 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 181
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 9 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 180
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 8 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 179
Proposed Jury Verdict Form by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 178
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 7 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 177
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 6 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 176
Proposed Pretrial Order (Joint) by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 175
RESPONSE to Motion re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 5 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 174
RESPONSE in Opposition re #165 MOTION in Limine Nos. 4 - 11 Defendants' Response as to Motion in Limine No. 4 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 173
RESPONSE to Motion re #164 MOTION in Limine No. 3 re Golden Rule Arguments filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 172
RESPONSE in Opposition re #163 MOTION in Limine No. 2 re Application of Tennessee Law filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 171
RESPONSE in Opposition re #162 MOTION in Limine No. 1 re Issues Decided at Summary Judgment filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 170
Proposed Jury Instructions by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski . (Craft, Perry)
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Filing 169
Witness List by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 168
Exhibit List and Deposition Excerpts by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski.. (Craft, Perry)
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Filing 167
Proposed Jury Verdict Form by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 166
ORDER: The jury trial scheduled to begin on Tuesday, June 22, 2021, is RESET to begin on Wednesday, June 23, 2021, at 9:00 a.m. Signed by District Judge William L. Campbell, Jr on 6/4/2021. (ln)
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***DISREGARD. ATTORNEY OAKLEY HAS WITHDRAWN.***NOTICE TO FILER re DE#161 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) Modified on 6/2/2021 (kc).
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***DISREGARD. ATTORNEY OAKLEY HAS WITHDRAWN.***NOTICE TO FILER re DE# [162-165]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) Modified on 6/2/2021 (kc).
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Filing 165
MOTION in Limine Nos. 4 - 11 by Servpro Industries, Inc.. (Attachments: #1 Exhibit A - Tammy Woloski Deposition Transcript Excerpt)(Harvey, Robb)
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Filing 164
MOTION in Limine No. 3 re Golden Rule Arguments by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 163
MOTION in Limine No. 2 re Application of Tennessee Law by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 162
MOTION in Limine No. 1 re Issues Decided at Summary Judgment by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 161
MOTION in Limine No. 1 by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 160
ORDER SETTING CASE FOR TRIAL: Jury Trial is reset for 6/22/2021 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 6/7/2021. Witness List due by 6/7/2021. Pretrial Conference is reset for 6/14/2021 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 6/7/2021. Granting #158 MOTION to Continue filed by Paul Woloski, Delta Dawgs Construction Corp., Tammy Woloski. Signed by District Judge William L. Campbell, Jr on 3/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 159
RESPONSE to Motion re #158 MOTION to Continue filed by Servpro Industries, Inc.. (Harvey, Robb)
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Filing 158
MOTION to Continue by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 157
NOTICE by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re #154 Order to Show Cause, (Craft, Perry)
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Filing 156
RESPONSE TO ORDER TO SHOW CAUSE by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Craft, Perry)
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Filing 155
NOTICE by Servpro Industries, Inc. re #154 Order to Show Cause, Regarding Estimate of Anticipated Trial Time (Harvey, Robb)
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Filing 154
ORDER: On or before 3/12/2021, Defendants shall show cause why they have not complied with the Order. Also, by that same date, the parties shall file a notice stating their current estimates of the anticipated trial time. Signed by District Judge William L. Campbell, Jr on 3/3/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 153
ORDER granting in part and denying in part #123 Motion for Summary Judgment; granting in part and denying in part #127 Motion for Summary Judgment. Signed by District Judge William L. Campbell, Jr on 9/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 152
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 9/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 151
ORDER SETTING CASE FOR TRIAL: Jury Trial set for 4/6/2021 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 3/22/2021. Witness List due by 3/22/2021. Pretrial Conference set for 3/29/2021 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 3/22/2021. Signed by District Judge William L. Campbell, Jr on 4/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Telephone Conference held on 4/13/2020. The Court granted #148 Joint Motion to Continue Trial, order to enter. (Court Reporter Patty Jennings.) (Hearing lasted :15)(ab)
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Filing 150
ORDER: Telephone Conference set for 4/13/2020 01:30 PM before District Judge William L. Campbell Jr. Signed by District Judge William L. Campbell, Jr on 4/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 4/10/2020 (am).
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Filing 149
RESPONSE filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re #147 Notice (Other) filed by Servpro Industries, Inc., Richard Connor . (Craft, Perry)
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Filing 148
Joint MOTION to Continue Trial Date by Richard Connor, Servpro Industries, Inc.. (Harvey, Robb)
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Filing 147
NOTICE of Servpro Industries and Richard Conner Regarding Intention to Use Interpreter Services by Richard Connor, Servpro Industries, Inc. re #116 Order, Set Deadlines(Elkins, Kevin) Modified Text on 4/3/2020 (am).
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Filing 146
Conformed Certificate of Service for DE#145 filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re Annotation - Deficiency Notice, #145 Reply filed by Paul Woloski, Delta Dawgs Construction Corp., Tammy Woloski. (Craft, Perry) Modified Text on 4/3/2020 (am).
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NOTICE TO FILER re DE#145 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am)
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Filing 145
REPLY filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re #144 Notice (Other) filed by Servpro Industries, Inc., Richard Connor. (Attachments: #1 Attachment Memorandum)(Craft, Perry)
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Filing 144
NOTICE of Filing by Richard Connor, Servpro Industries, Inc. re #123 MOTION for Summary Judgment (Of Supplemental Authority) (Attachments: #1 Exhibit 1 - Supreme Court Decision)(Harvey, Robb)
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TN State Bar status verified as active for Perry A. Craft. (am)
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Filing 143
NOTICE of Appearance by Perry A. Craft on behalf of All Defendants (Craft, Perry)
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Filing 142
STATEMENT of facts Reply in Support of Servpro Parties' Statement of Undisputed Material Facts and Response to Defendants' Statement of Additional Material Facts filed by Richard Connor, Servpro Industries, Inc. in support of #125 Statement of facts, #135 Statement of facts. (Attachments: #1 Exhibit Tammy Woloski Deposition Testimony, #2 Exhibit Compilation of Emails, #3 Exhibit Delta Dawgs 30(b)(6) Deposition Testimony, #4 Exhibit Paul Woloski Deposition Testimony)(Harvey, Robb)
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Filing 141
REPLY filed by Richard Connor, Servpro Industries, Inc. re #123 Motion for Summary Judgment filed by Servpro Industries, Inc., Richard Connor. (Attachments: #1 Attachment Paul Maas Declaration, #2 Attachment Proposed Order on Cross-Motions for Summary Judgment, Judgment, and Permanent Injunction)(Harvey, Robb)
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Filing 140
STATEMENT of facts Amended Response to Plaintiff's Statement of Facts filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski in support of #135 Statement of facts. (Oakley, Gregory)
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Filing 139
DECLARATION of Tammy Woloski filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory)
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Filing 138
DECLARATION of Paul Woloski filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory)
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Filing 137
DECLARATION of Jun A. Gong filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Exhibit Mandarin Translation, #2 Exhibit Articles of Incorporation, #3 Exhibit SVM Franchise Agreement, #4 Exhibit SVM Guaranty)(Oakley, Gregory)
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Filing 136
DECLARATION of Tammy Woloski filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory)
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Filing 135
STATEMENT of facts Response to Plaintiff's Statement of Undisputed Facts filed by Paul Woloski, Tammy Woloski in support of #125 Statement of facts,. (Oakley, Gregory)
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Filing 134
RESPONSE in Opposition re #123 MOTION for Summary Judgment filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Exhibit Deposition Exhibit List, #2 Exhibit T Woloski Depo excerpt)(Oakley, Gregory)
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Filing 133
RESPONSE in Opposition re #127 MOTION for Summary Judgment - Response to Statement of Undisputed Material Facts and Additional Statements of Fact in Opposition filed by Richard Connor, Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Paul Woloski Deposition Testimony, #2 Exhibit 2 - Jenny Browning Deposition Testimony, #3 Exhibit 3 - Servpro_Woloski_0008358, #4 Exhibit 4 - Randall Isaacson Deposition Testimony, #5 Exhibit 5 - James O'Connor Declaration, #6 Exhibit 6 - March 19, 2019 Email, #7 Exhibit 7 - Paul Maas Deposition Testimony, #8 Exhibit 8 - Servpro_Woloski_0003486, Servpro_Woloski_0006189, #9 Exhibit 9 - Servpro_Woloski_0008376-Servpro_Woloski_0008377, #10 Exhibit 10 - Jenny Browning Declaration, #11 Exhibit 11 - Compilation of Building Permits, #12 Exhibit 12 - January 10, 2019 Letter)(Harvey, Robb)
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Filing 132
RESPONSE to Motion re #127 MOTION for Summary Judgment filed by Richard Connor, Servpro Industries, Inc.. (Attachments: #1 Attachment Unreported Cases)(Harvey, Robb)
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Filing 131
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on December 3, 2019, Plaintiff/Counter Defendants filed a motion for summary judgment with supporting memorandum, statement of facts and Index of Additional Attachments (Docket Nos. 123-126). Also, on December 4, 2019, Defendants filed their motion for summary judgment, memorandum in support, declaration and statement of facts (Docket Nos. 127-130). The deadlines for responsive filings are provided for in prior orders of the Court. (Docket Entry No. 116). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 12/23/2019. (am)
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Filing 130
STATEMENT of facts filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski in support of #127 Motion for Summary Judgment. (Attachments: #1 Exhibit Franchise Agreement, #2 Exhibit Termination Letter, #3 Exhibit T Woloski depo excerpts, #4 Exhibit Forster depo excertps, #5 Exhibit Audit letter, #6 Exhibit 30(b)(6) Notice, #7 Exhibit Isaacson depo excerpts, #8 Exhibit 2017 Tax Return, #9 Exhibit Franchise Disclosure Document, #10 Exhibit California Addendum, #11 Exhibit P Wolski depo excerpts, #12 Exhibit Delta Dawgs depo excerpts)(Oakley, Gregory)
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Filing 129
DECLARATION of Tammy Woloski filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re: #127 MOTION for Summary Judgment . (Oakley, Gregory)
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Filing 128
MEMORANDUM in Support of #127 MOTION for Summary Judgment filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski . (Attachments: #1 Exhibit Franchise Agreement, #2 Exhibit Termination Letter, #3 Exhibit T Woloski depo excerpts, #4 Exhibit Forster depo excertps, #5 Exhibit Audit letter, #6 Exhibit 30(b)(6) Notice, #7 Exhibit Isaacson depo excerpts, #8 Exhibit 2017 Tax Return, #9 Exhibit Franchise Disclosure Document, #10 Exhibit California Addendum, #11 Exhibit P Wolski depo excerpts, #12 Exhibit Delta Dawgs depo excerpts)(Oakley, Gregory)
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Filing 127
MOTION for Summary Judgment by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory)
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**DISREGARD**NOTICE TO FILER re DE#126 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (am) Modified on 12/4/2019 (am).
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Filing 126
Index of Additional Attachments to Statement of Undisputed Material Facts re: #125 Statement of facts. (Attachments: #1 Attachment Attachment 1, #2 Attachment Attachment 2, #3 Attachment Attachment 3, #4 Attachment Attachment 4, #5 Attachment Attachment 5, #6 Attachment Attachment 6, #7 Attachment Attachment 7)(Elkins, Kevin) Modified Text on 12/4/2019 (am).
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Filing 125
STATEMENT of Undisputed Material Facts in support of #123 MOTION for Summary Judgment filed by by Richard Connor and Servpro Industries, Inc. (Attachments: #1 Attachment Declaration of R. Isaacson, #2 Attachment Declaration of P. Maas)(Elkins, Kevin) Modified on 12/4/2019 (dt).
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Filing 124
MEMORANDUM in Support of #123 MOTION for Summary Judgment filed by Richard Connor, Servpro Industries, Inc. . (Attachments: #1 Attachment Unreported Cases)(Elkins, Kevin)
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Filing 123
MOTION for Summary Judgment by Richard Connor, Servpro Industries, Inc.. (Elkins, Kevin)
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Filing 122
ANSWER to #83 Amended Answer to Complaint, Counterclaim by Servpro Industries, Inc..(Harvey, Robb)
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Filing 121
ANSWER to #83 Amended Answer to Complaint, Counterclaim by Richard Connor.(Harvey, Robb)
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Filing 120
ORDER granting in part and denying in part #86 Motion to Dismiss. Signed by District Judge William L. Campbell, Jr on 8/5/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 119 MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 8/5/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| Filing 118 NOTICE of Change of Address by Ernest J. Franceschi, Jr (Franceschi, Ernest) |
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Filing 117
ORDER: Jury Trial set for 6/9/2020 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 5/26/2020. Witness List due by 5/26/2020. Pretrial Conference set for 6/1/2020 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 5/26/2020. Signed by District Judge William L. Campbell, Jr on 5/31/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 116
ORDER: A status/case management conference was held telephonically on May 8, 2019, to address a dispositive motion schedule, target trial date, and any other appropriate matters. Counsel participating were: Robb Harvey and Kevin Elkins for Plaintiff and Ernest Franceschi and Greg Oakley for Defendants. Signed by Magistrate Judge Barbara D. Holmes on 5/20/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 5/8/2019. (Tape #not recorded.) (Hearing lasted :35)(jwc) |
| Filing 115 SECURITY AGREEMENT (REDACTED COPY) Exhibit C re #1 Complaint by Servpro Industries, Inc. (am) Modified Text on 4/22/2019 (am). |
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Filing 114
ORDER granting #110 Motion to Seal Document. Signed by Magistrate Judge Barbara D. Holmes on 4/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 113 DISCOVERY DISPUTE DOCUMENTS FOR 4-18-19 DISCOVERY CONFERENCE. Signed by Magistrate Judge Barbara D. Holmes on 4/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
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Filing 112
ORDER: A telephonic discovery conference was held on April 18, 2019. Counsel participating were: Robb Harvey and Kevin Elkins for Plaintiff and Ernest Franceschi, Jr. for Defendants. The dispute for which the parties sought judicial intervention arose during the party depositions taking place in California, including on April 18. Signed by Magistrate Judge Barbara D. Holmes on 4/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 111
ORDER: For the foregoing reasons, the Court orders that (1) Defendants may depose Jerrod McMains, Bruce Rosenbaum, and Ronni Hallauer by no later than May 31, 2019, only if the conditions detailed herein are satisfied; (2) Defendants' request to extend the time to depose Richard Conner is DENIED; and, (3) Defendants must supplement their discovery responses as previously directed in the Court's order of January 11, 2019 (Docket No. 100) on a rolling basis and fully and completely by no later than May 7, 2019, and must by that same date, provide Plaintiff with a sworn certification that all responsive information and documents have been provided. Signed by Magistrate Judge Barbara D. Holmes on 4/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Discovery Hearing held on 4/18/2019. (Tape #not recorded.) (Hearing lasted :25)(jwc) |
| Filing 110 Joint MOTION to Seal Document (Exhibit C to the Complaint) by Richard Connor, Servpro Industries, Inc.. (Attachments: #1 Attachment REDACTED DE 1-3 Exhibit C to Complaint Security Agreement)(Harvey, Robb) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Discovery Hearing held on 4/12/2019. (Tape #not recorded.) (jwc) |
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Filing 109
ORDER: Telephone Conference set for 4/12/2019 09:00 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 3/29/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 108 JOINT Statement Regarding Current Discovery Disputes. (Attachments: #1 Exhibit 1 - Excerpts from Kim Cuhna Deposition, #2 Exhibit 2 - Randall Allen Isaacson Deposition Transcript Portion)(Harvey, Robb) |
| Filing 107 Second Joint Case Resolution by Servpro Industries, Inc. (Elkins, Kevin) Modified Text on 3/12/2019 (am). |
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Filing 106
ORDER granting #104 Joint Motion Relief from Discovery Cutoff For Depositions. Signed by Magistrate Judge Barbara D. Holmes on 2/27/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 2/28/2019 (am).
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Filing 105
ORDER granting #102 Joint Motion for Relief from Discovery Cutoff for Deposition of Crossclaim Defendant Richard Conner. Signed by Magistrate Judge Barbara D. Holmes on 2/19/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 104 Joint MOTION Relief from Discovery Cutoff For Depositions of Tammy Woloski, Paul Woloski, and Delta Dawgs Construction Corp. and to Hold Other Deadlines in Abeyance re #40 Case Management Order,, by Servpro Industries, Inc.. (Attachments: #1 Attachment Proposed Order Granting Requested Relief)(Elkins, Kevin) |
| Filing 103 NOTICE by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re #90 Response in Opposition to Motion (Attachments: #1 Exhibit FDD)(Oakley, Gregory) |
| Filing 102 Joint MOTION For Relief From Discovery Cutoff For Deposition of Crossclaim Defendant Richard Conner re #40 Case Management Order,, by Servpro Industries, Inc.. (Attachments: #1 Attachment ORDER Extending Discovery Deadline For The Purpose Of Taking The Deposition of Richard Conner)(Elkins, Kevin) |
| Filing 101 ANSWER to #83 Amended Answer to Complaint, Counterclaim for Breach of Contract by Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Amended Notice of Termination)(Harvey, Robb) |
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Filing 100
ORDER granting #88 Motion to Compel Responses to Servpro's First Set of Interrogatories and Requests for Production of Documents. Signed by Magistrate Judge Barbara D. Holmes on 1/11/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 1/10/2019. (Tape #not recorded.) (jwc) |
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Filing 99
ORDER granting #98 Joint MOTION Dismissal of Count II of Counterclaim. Signed by District Judge William L. Campbell, Jr on 1/2/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 98 Joint MOTION Dismissal of Count II of Counterclaim by Servpro Industries, Inc.. (Attachments: #1 Attachment Order of Dismissal of Counterclaim Count II)(Harvey, Robb) |
| Filing 97 REPLY to Response to Motion re #88 MOTION to Compel Responses to Servpro's First Set of Interrogatories and Requests for Production of Documents filed by Servpro Industries, Inc.. (Attachments: #1 Exhibit Ex. A - Email, #2 Attachment Unreported Cases in Support)(Elkins, Kevin) |
| Filing 96 REPLY to Response to Motion re #86 Partial MOTION to Dismiss Counterclaims filed by Servpro Industries, Inc.. (Attachments: #1 Attachment Unreported Cases in Support)(Harvey, Robb) |
| Filing 95 RESPONSE in Opposition re #88 MOTION to Compel Responses to Servpro's First Set of Interrogatories and Requests for Production of Documents filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 94 JOINT Statement Regarding Plaintiff's First Set of Interrogatories and Requests for Production Pursuant to Local Rule 37.01(a). (Oakley, Gregory) |
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Filing 93
ORDER granting #92 Motion for Extension of Time to File Response/Reply and Motion for Leave to File Excess Pages re #86 Partial MOTION to Dismiss Counterclaims ( Replies due by 12/21/2018.) Signed by District Judge William L. Campbell, Jr on 12/18/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 92 Joint MOTION for Reply Briefing Schedule and Page Extensions #86 Partial MOTION to Dismiss Counterclaims, MOTION for Leave to File Excess Pages by Servpro Industries, Inc. (Elkins, Kevin) Modified Text on 12/18/2018 (am). |
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Filing 91
ORDER: By no later than December 19, 2018, counsel for the parties must comply with the Court's discovery dispute resolution procedures, including filing of a joint discovery dispute statement. If counsel for Servpro remains unsuccessful in attempting to comply with the procedures, Servpro may, by that same date, supplement its motion to compel to recite counsel's efforts. Delta Dawgs and its counsel are hereby put on notice that failure to comply with the Court's discovery dispute resolution procedures will be grounds for sanctions. Further, the time for any response to the motion to compel is shortened, and Delta Dawgs shall file its response on or before December 26, 2018. Signed by Magistrate Judge Barbara D. Holmes on 12/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 90 RESPONSE in Opposition re #86 Partial MOTION to Dismiss Counterclaims filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 89 MEMORANDUM in Support of #88 MOTION to Compel Responses to Servpro's First Set of Interrogatories and Requests for Production of Documents filed by Servpro Industries, Inc. . (Attachments: #1 Exhibit A - June 4, 2018 Email from R. Harvey, #2 Exhibit B - Email Requesting Extension - June 6, #3 Exhibit C - Delta Dawgs Responses to Servpros First Set of Interrogatories, #4 Exhibit D - Delta Dawgs Responses to Servpros First Requests for Production, #5 Exhibit E - July 9, 2018 email from Greg Oakley, #6 Exhibit F - Servpros August 17th, 2018 Deficiency Letter, #7 Exhibit G - Response Letter From G. Oakley, #8 Exhibit H - September 11th Second Discovery Deficiency Letter, #9 Exhibit I - Email Transmitting Deficiency Letters, #10 Exhibit J - Email Requesting Production of Documents, #11 Exhibit K - Email Transmitting Documents From G. Oakley, #12 Exhibit L - Email Re: Additional Servpro Production and Response from E. Franceschi, #13 Exhibit M - Email Re: Production Format, #14 Exhibit N - Email Regarding TIFF Production, #15 Exhibit O - Delta Dawgs Response to Servpros Second Set of Interrogatories and Requests for Production of Documents)(Elkins, Kevin) |
| Filing 88 MOTION to Compel Responses to Servpro's First Set of Interrogatories and Requests for Production of Documents by Servpro Industries, Inc.. (Elkins, Kevin) |
| Filing 87 MEMORANDUM in Support of #86 Partial MOTION to Dismiss Counterclaims filed by Servpro Industries, Inc. . (Harvey, Robb) |
| Filing 86 Partial MOTION to Dismiss Counterclaims by Servpro Industries, Inc.. (Harvey, Robb) |
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Filing 85
ORDER granting #84 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Barbara D. Holmes on 11/9/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 84 Joint MOTION for Extension of Time to File Response/Reply by Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order to Joint Motion for Extension of Time to Respond to Counter Claims)(Elkins, Kevin) |
| Filing 83 FIRST AMENDED ANSWER AND COUNTERCLAIM against Servpro Industries, Inc. by Delta Dawgs Construction Corp., Tammy Woloski, Paul Woloski. (am) |
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Filing 82
ORDER granting #79 Motion to Amend/Correct Answer. Signed by Magistrate Judge Barbara D. Holmes on 10/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 81 NOTICE of Filing by Servpro Industries, Inc. re #80 Order, #79 MOTION to Amend/Correct #48 Answer to Complaint of Servpro's Statement Regarding Delta Dawgs' Motion to Amend/Correct Answer to Complaint and to Assert Counterclaim (Elkins, Kevin) |
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Filing 80
ORDER: By no later than October 24, 2018, Plaintiff shall file a notice or statement either that it has no opposition to the proposed amendment or that it intends to object to Defendants' motion, which Plaintiff may then do in accordance with Local Rule 7.01. Signed by Magistrate Judge Barbara D. Holmes on 10/19/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 79 MOTION to Amend/Correct #48 Answer to Complaint by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Exhibit Proposed First Amended Answer & Counterclaims with Exhibits)(Oakley, Gregory) |
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Filing 78
ORDER OF DISMISSAL OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (R"ICO") CLAIMS : The RICO claims, and all related factual allegations, asserted by Delta Dawgs in the First Amended Complaint in Delta Dawgs Construction Corporation, et al. v. Servpro Industries, Inc., et al., Case No. 3:18-cv- 00785 (M.D. Tenn.) are hereby dismissed with prejudice. Delta Dawgs have agreed that they shall not assert RICO claims as counterclaims in Servpro Industries, Inc. v. Woloski et al., Case No. No. 3:17-cv-1433 (M.D. Tenn.), nor shall they be granted permission to do so. Delta Dawgs shall file a Seconded Amended Complaint in Case No. 3:18-cv-00785 removing all RICO claims, related factual allegations, and any other claims Delta Dawgs no longer wish to pursue. This Order should not be construed to grant leave to amend to add additional claims or factual allegations, nor shall it be construed as a concession by Servpro or Conner that the claims have any merit. The Second Amended Complaint shall also serve as Delta Dawgs' Counterclaims and be simultaneously filed in Case No. 3:17- cv- 1433. Signed by District Judge William L. Campbell, Jr on 10/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 77
ORDER OF DISMISSAL OF CONVERSION CLAIMS: Accordingly, the Court finds as follows: The conversion claims, and all related factual allegations, asserted by Delta Dawgs in the First Amended Complaint in Delta Dawgs Construction Corporation, et al. v. Servpro Industries, Inc., et al., Case No. 3:18-cv- 00785 (M.D. Tenn.) are hereby dismissed with prejudice. Delta Dawgs have agreed that they shall not assert conversion claims as counterclaims in Servpro Industries, Inc. v. Woloski et al., Case No. No. 3:17- cv-1433 (M.D. Tenn.), nor shall they be granted permission to do so. Signed by District Judge William L. Campbell, Jr on 10/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 76 STATUS REPORT (Joint Case Resolution) by Servpro Industries, Inc.. (Elkins, Kevin) |
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Filing 75
ORDER: Delta Dawgs Construction Corp. and the Woloskis (collectively, Delta Dawgs) have separately moved to dismiss with prejudice the RICO and conversion claims brought in the second-filed case which was transferred from the Central District of California to the Middle District of Tennessee and assigned Case No. 3:18-cv-0785 (the California Action). Proposed orders pertaining to the dismissal of those claims are pending before District Judge Campbell. Within seven days from the entry of this Order, Delta Dawgs shall file its motion to amend to assert counterclaims. Leave to amend shall be given solely to assert counterclaims, not to substantively amend Delta Dawgs' Answer. Upon the latter of the dismissal with prejudice of the RICO claims and conversion claims asserted by Delta Dawgs in the California Action, and the filing of the counterclaims in the Tennessee Action by Delta Dawgs, Delta Dawgs shall, within five (5) business days, submit appropriate pleadings to dismiss the California Action without prejudice. All claims between the Parties will proceed under the first-filed Tennessee action, No. 3:17-cv-1433, subject to all case management and scheduling orders previously entered in that case. The Court recognizes that the filing of the JointMotion is not, and shall not be deemed to be, a responsive pleading. Servpro is not precluded from challenging the validity of any counterclaims or defenses that may be asserted by Delta Dawgs. The previously-scheduled case management conference to be held on October 22, 2018 is hereby CANCELLED. This Order shall supersede all other orders related in any way to consolidation of the two related cases. Signed by Magistrate Judge Barbara D. Holmes on 10/11/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 74
ORDER: On October 2, 2018, the parties filed joint motions in these related cases for dismissal of any RICO claims. The motions are: Docket No. 69 in Case No. 3:17-1433 and Docket No. 61 in Case No. 3:18-0785. On October 10, 2018, the parties filed additional joint motions in these related cases for dismissal of conversion claims. Those motions are Docket No. 71 in Case No. 3:17-1433 and Docket No. 63 in Case No. 3:18-0785. Because the motions are dispositive of the claims for which the parties seek dismissal, the motions are for the consideration of Judge Campbell. Accordingly, the Clerk is directed to forward the described motions to Judge Campbell. Signed by Magistrate Judge Barbara D. Holmes on 10/11/2018. (am)
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Filing 73
ORDER granting #72 joint motion. The parties' proposed order, as modified by the Court, is entered separately. Signed by Magistrate Judge Barbara D. Holmes on 10/11/2018. (BH)
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| Filing 72 Joint MOTION For Entry of Order Related to Progression of Related Cases by Servpro Industries, Inc.. (Attachments: #1 Attachment Order Regarding Progression of Related Cases)(Elkins, Kevin) |
| Filing 71 Joint MOTION For Entry of Conversion Dismissal Order by Servpro Industries, Inc.. (Attachments: #1 Attachment Order of Dismissal of Conversion Claims)(Elkins, Kevin) |
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Filing 70
ORDER denying #49 Motion to Amend and Certify Order Denying Motion to Dismiss/ Transfer for Interlocutory Review. Signed by District Judge William L. Campbell, Jr on 10/9/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 69 Joint MOTION for Dismissal of Certain Claims by Servpro Industries, Inc.. (Attachments: #1 Attachment Proposed Order of Dismissal of RICO Claims)(Elkins, Kevin) |
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Filing 68
ORDER: Pending further orders, the initial case management conference in Case No. 3:18-0785 remains scheduled for October 22, 2018, at 1:30 p.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee, and Case No. 3:17-1433 is also set for a status conference at that same date and time. However, the time for the Servpro Parties to answer or otherwise respond in Case No. 3:18-0785 is suspended pending further orders. Additionally, the parties are reminded of the September 28, 2018, deadline for motions to amend in Case No. 3:17-1433. If the parties are unable to reach an agreement on the manner by which these cases will most efficiently and expeditiously proceed, the affected party would be well served to file either a motion to amend or a motion to extend this amendment deadline by September 28. Signed by Magistrate Judge Barbara D. Holmes on 9/20/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 67
AGREED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Barbara D. Holmes on 9/20/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 66
ORDER granting #60 parties' joint motion for entry of agreed order regarding discovery of electronically stored information. The parties' proposed order, as modified by the Court, is entered separately. Signed by Magistrate Judge Barbara D. Holmes on 09/20/2018. (BH)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference held on 9/20/2018, in conjunction with CMC in 3:18-0785 Delta Dawgs Construction v. Servpro Industries; 28 minutes; ORDER to enter. (Tape #digital recording.) (jwc) |
| Filing 65 NOTICE of Filing by Servpro Industries, Inc. (Attachments: #1 Attachment California Order Granting Motion to Dismiss, #2 Attachment Order Denying Delta Dawgs and the Woolski's Motion to Dismiss, #3 Attachment Initial Case Management Order, #4 Attachment Order Supplementing Initial Case Management Order)(Elkins, Kevin) |
| Filing 64 OBJECTIONS to Proposed Amended Case Management Order filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re #63 Notice (Other). (Oakley, Gregory) |
| Filing 63 NOTICE of Filing by Servpro Industries, Inc. re 62 Order on Motion for Miscellaneous Relief,, of Proposed Order Amending Case Management Order in case 3:17-cv-01433 and Imposing Deadlines in case 3:18-cv-00785 (Harvey, Robb) |
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Filing 62
ORDER granting #59 Defendants' motion to hold response deadline in abeyance and to set a Rule 16 status/case management conference. A status/case management conference shall be held on SEPTEMBER 20, 2018, AT 10:30 A.M. (CDT) in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. If the parties jointly or separately have a specific schedule or proposed order they wish the Court to consider, they must, BY NO LATER THAN SEPTEMBER 18, 2018, file a joint notice of filing (or separate notices) with the proposed schedule or proposed order appended as an exhibit. Signed by Magistrate Judge Barbara D. Holmes on 09/14/2018. (BH)
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| Set/Reset Hearings: Status/ Case Management Conference set for 9/20/2018 at 10:30 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) |
| Filing 61 CERTIFICATE OF GOOD STANDING of Attorney Ernest Franceschi from the United States District Court for the 9th Circuit filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 60 Joint MOTION Entry of Agreed Order Regarding Discovery of Electronically Stored Information by Servpro Industries, Inc.. (Attachments: #1 Attachment Proposed Agreed Order)(Elkins, Kevin) |
| Filing 59 MOTION to Hold Response Deadline in Abeyance and to Set a Rule 16 Status/Case Management Conference by Servpro Industries, Inc.. (Harvey, Robb) |
| CA State Bar status verified as active for Ernest J. Franeschi, Jr. (am) |
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Filing 58
ORDER granting #56 Motion for Ernest J. Franceschi, Jr. to Appear Pro Hac Vice. Signed by Magistrate Judge Barbara D. Holmes on 9/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 57 DECLARATION of Ernest J. Franceschi Jr. filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski re: #56 MOTION for attorney(s) Ernest J. Franceschi, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2745251). (Oakley, Gregory) |
| Filing 56 MOTION for attorney(s) Ernest J. Franceschi, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2745251) by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Attachments: #1 Exhibit Certificate of Good Standing)(Oakley, Gregory) |
| Filing 55 NOTICE by Servpro Industries, Inc. (Filing Case Law in Support of Response in Opposition to Defendants' Motion to Amend and Certify Order Denying Motion to Dismiss/Transfer for Interlocutory Review) (Attachments: #1 Exhibit 1 - Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc., #2 Exhibit 2 - MedApproach Holdings Inc. v. Hawkins, #3 Exhibit 3 - Meeks v. Tenn. Dept of Corr., #4 Exhibit 4 - Pearle Vision, Inc. v. N.J. Eyes, Inc., #5 Exhibit 5 - Pipefitters Local 636 Ins. Fund v. Blue Cross Blue Shield)(Harvey, Robb) |
| Filing 54 RESPONSE in Opposition re #49 MOTION to Amend/Correct #44 Memorandum Opinion of the Court, Terminate Motions, Order, filed by Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Transfer Order, #2 Exhibit 2 - 2015 Franchise Disclosure Document)(Harvey, Robb) |
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Filing 53
ORDER: Motion #52 is GRANTED for Extension of Time to File Response re #49 MOTION to Amend/Correct #44 Memorandum and Order. Signed by District Judge William L. Campbell, Jr on 8/13/2018. (mg)
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| Filing 52 MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Amend/Correct #44 Memorandum Opinion of the Court, Terminate Motions, Order, by Servpro Industries, Inc. (Harvey, Robb) |
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Filing 51
ORDER: Jury Trial set for 8/20/2019 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference set for 8/12/2019 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 8/5/2019. Witness List due by 8/5/2019. Proposed Pretrial Order due by 8/5/2019. Signed by District Judge William L. Campbell, Jr on 8/7/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 50 MEMORANDUM in Support of #49 MOTION to Amend/Correct #44 Memorandum Opinion of the Court,,,, Terminate Motions,,,, Order,,, filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski . (Oakley, Gregory) |
| Filing 49 MOTION to Amend/Correct #44 Memorandum Opinion of the Court, Terminate Motions, Order, by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 48 ANSWER to #1 Complaint, by Delta Dawgs Construction Corp..(Oakley, Gregory) |
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Filing 47
ORDER: A telephonic status conference was held on July 18, 2018, to select a target trial date and address any other issues as a result of the Court's July 9 ruling (Docket No. #44 ) on Defendants' motion to dismiss. By no later than July 27, 2017, Defendants must file an answer or other responsive pleading to the complaint. Signed by Magistrate Judge Barbara D. Holmes on 7/18/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 7/18/2018, ORDER to enter. (Tape #not recorded.) (jwc) |
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Filing 46
ORDER: Motion #45 GRANTED for a telephonic status conference. Signed by Magistrate Judge Barbara D. Holmes on 7/17/2018. (mg) Modified text on 7/17/2018 (mg).
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| Set Hearing: Telephone Status Conference set for 7/18/2018 at 2:00 PM before Magistrate Judge Barbara D. Holmes. (mg) Modified text on 7/17/2018 (mg). |
| Filing 45 Joint MOTION Telephonic Status Conference re #40 Case Management Order,, by Servpro Industries, Inc.. (Harvey, Robb) |
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Filing 44
MEMORANDUM AND ORDER: Pending before the Court are Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3) or in the Alternative, to Transfer the Case to the Central District of California (Doc. No. #23 ); Plaintiff's Response (Doc. No. #27 ); Defendants' Reply (Doc. No. #32 ); and Plaintiff's Sur-Reply (Doc. No. #36 ). For the reasons set forth herein, Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3) or in the Alternative, to Transfer the Case to the Central District of California (Doc. No. #23 ) is denied. Signed by District Judge William L. Campbell, Jr on 7/9/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified text on 7/9/2018 (mg).
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Filing 43
AGREED PROTECTIVE ORDER: Motion #42 GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 7/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 42 Joint MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER by Servpro Industries, Inc.. (Attachments: #1 Attachment PROPOSED AGREED PROTECTIVE ORDER)(Harvey, Robb) |
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Filing 41
ORDER: During the initial case management conference held on May 24, 2018, there was discussion about the possible assertion by Defendants of counter-claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961. The undersigned adopts the practice of other judges of this Court requiring that parties asserting RICO claims file a RICO case statement that includes the facts upon which the asserting party relies to initiate RICO claims as a result of the "reasonable inquiry" threshold of Fed.R.Civ.P. Rule 11. Accordingly, should Defendants assert RICO counterclaims, their answer and counterclaims must be accompanied by this RICO statement. Signed by Magistrate Judge Barbara D. Holmes on 6/11/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 40
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/28/2018; Discovery due by 10/31/2018; and Dispositive Motions due by 3/15/2019. A subsequent case management conference shall be held telephonically on January 10, 2019, at 11:00 a.m., to address: status of discovery (including any known or anticipated discovery issues or disputes); prospect for settlement (including propriety of ADR); and, any other appropriate matters. Plaintiff's counsel shall initiate the call. Signed by Magistrate Judge Barbara D. Holmes on 6/11/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 5/24/2018; 49 mins; ORDER to enter. (Tape #digital recording.) (jwc) |
| Filing 39 PROPOSED CASE MANAGEMENT ORDER filed by Servpro Industries, Inc.. (Attachments: #1 Exhibit A - RICO Case Standing Order, #2 Exhibit B - Sample RICO Order)(Harvey, Robb) |
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Filing 38
ORDER granting #37 Motion to Withdraw Attorney Kyle C. Mallinak. Signed by District Judge William L. Campbell, Jr on 4/26/18. (af)
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| Filing 37 MOTION to Withdraw as Attorney by Servpro Industries, Inc.. (Harvey, Robb) |
| Filing 36 PLAINTIFF SERVPRO'S SUR-REPLY in Opposition to Defendant's Motion to Dismiss or Transfer filed by Servpro Industries, Inc. re #23 Motion to Dismiss filed by Paul Woloski, Delta Dawgs Construction Corp., Tammy Woloski. (mg) |
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Filing 35
ORDER granting #33 Motion for Leave to File Sur-Reply. The Clerk is instructed to file the attached Sur-Reply. Signed by District Judge William L. Campbell, Jr on 4/19/2018. (mg)
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Filing 34
ORDER: Due to a conflict in the Court's calendar, the April 25, 2018, initial case management conference must be moved. The initial case management conference is RESCHEDULED for 11:00 a.m., Thursday, May 24, 2018, in Courtroom No. 764, U.S. Courthouse, 801 Broadway. The parties are directed to refer to prior orders for directions on filing their proposed case management order. Signed by Magistrate Judge Barbara D. Holmes on 4/18/2018. (mg)
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| Filing 33 MOTION for Leave to Leave to File Sur-Reply re #23 MOTION to Dismiss for Improper Venue by Servpro Industries, Inc.. (Attachments: #1 Exhibit A - Sur-Reply with Exhibits)(Harvey, Robb) |
| Filing 32 REPLY to Response to Motion re #23 MOTION to Dismiss for Improper Venue filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
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Filing 31
ORDER: Pending before the Court are Defendants' Motion For Leave To File Reply Brief And For Extension Of Deadline For Filing (Doc. No. #29 ) and Servpro Industries' Response (Doc. No. #30 ). Through the Motion, Defendants request leave to file a reply in support of their pending Motion To Dismiss (Doc. No. #23 ) on or before April 12, 2018. The Motion For Leave (Doc. No. #29 ) is GRANTED as follows: Defendants shall file any reply on or before April 12, 2018, and such reply shall be limited to five pages. Signed by District Judge William L. Campbell, Jr on 4/11/2018. (mg)
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| Filing 30 RESPONSE in Opposition re #29 MOTION for Leave to to File Reply Brief re #23 MOTION to Dismiss for Improper Venue filed by Servpro Industries, Inc.. (Harvey, Robb) |
| Filing 29 MOTION for Leave to to File Reply Brief re #23 MOTION to Dismiss for Improper Venue by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 28 NOTICE of Appearance by Kevin T. Elkins on behalf of Servpro Industries, Inc. (Elkins, Kevin) |
| TN State Bar status verified as active for Kevin T. Elkins. (mg) |
| NOTICE TO COUNSEL Kevin T. Elkins: WITHIN 14 DAYS, counsel shall electronically file a Notice of Appearance (LR 83.01(h)). Appearance by local counsel due by 4/13/2018. (mg) |
| Filing 27 RESPONSE in Opposition re #23 MOTION to Dismiss for Improper Venue filed by Servpro Industries, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Servpro President Randall Isaacson, #2 Attachment Amsurg Corp. v. Principati, #3 Attachment Basalite Concrete Prods., LLC v. Keystone Retaining Wall Sys., #4 Attachment Big Time Toys, LLC v. Buzz Bee Toys, Inc., #5 Attachment Elite Physicians Servs. v. Citicorp Payment Servs., #6 Attachment Hasler Aviation, L.L.C. v. Aircenter, Inc., #7 Attachment Hefferan v. Ethicon Endo-Surgery Inc., #8 Attachment Hildebrand v. Optimal Mortg. Servs., LLC, #9 Attachment Lil Angels, LLC v. Bradford, #10 Attachment Maaco Franchising, Inc. v. Tainter, #11 Attachment Mardini v. Presidio Developers, LLC, #12 Attachment Nationwide Life & Annuity Ins. Co. v. Golden, #13 Attachment Pearle Vision, Inc. v. N.J. Eyes, Inc., #14 Attachment Saladworks, LLC v. Sottosanto Salads, LLC, #15 Attachment Servpro Indus. v. JP Penn Restoration Servs., #16 Attachment Shaffer v. Interbank FX, #17 Attachment Weber v. Saladworks, LLC, #18 Attachment Wholesale Tape & Supply Co. v. iCode, Inc., #19 Attachment Wildwood Imps. v. M/V Zim Shanghai)(Harvey, Robb) |
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Filing 26
ORDER: On March 13, 2018, Defendant Delta Dawgs Construction Corp. Filed a motion to dismiss and memorandum in support (Docket Entry Nos. #23 , #24 ). Any response by Plaintiff shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(b). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. The Clerk is directed to forward this motion to the Honorable William L. Campbell, District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 3:00 p.m., Wednesday, April 25, 2018, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/19/2018. (mg)
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| TN State Bar status verified as active for Gregory H. Oakley. (mg) |
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Filing 25
ORDER granting #22 Motion to Substitute Attorney. Signed by District Judge William L. Campbell, Jr on 3/13/2018. (mg)
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| Filing 24 MEMORANDUM in Support of #23 MOTION to Dismiss for Improper Venue filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski . (Attachments: #1 Exhibit Franchise Agreement, #2 Exhibit Declaration of Tammy Woloski, #3 Exhibit California Registration Guidleines, #4 Exhibit California Addendum, #5 Exhibit Weber v. Saladworks LLC)(Oakley, Gregory) |
| Filing 23 MOTION to Dismiss for Improper Venue by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
| Filing 22 MOTION to Substitute Attorney and to Extend Deadline for Responsive Pleading by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Oakley, Gregory) |
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Filing 21
ORDER: Pending before the Court is the joint motion of the parties to extend the time for defendants to respond to the complaint, filed February 8, 2018, Docket Entry No. 20. The motion is GRANTED. It is hereby ORDERED that the initial case management conference is RESCHEDULED for 3:00 p.m, Wednesday, April 25, 2018, in Courtroom No. 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 2/9/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Reset Hearings: ICMC reset for 4/25/2018 at 03:00 PM. (af) |
| Filing 20 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Servpro Industries, Inc.. (Harvey, Robb) |
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Filing 19
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 1/31/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 18 SUMMONS returned executed by Servpro Industries, Inc.. Tammy Woloski served on 11/21/2017. (Mallinak, Kyle) |
| Filing 17 SUMMONS returned executed by Servpro Industries, Inc.. Paul Woloski served on 11/21/2017. (Mallinak, Kyle) |
| Filing 16 SUMMONS returned executed by Servpro Industries, Inc.. Delta Dawgs Construction Corp. served on 11/21/2017. (Mallinak, Kyle) Modified on 1/30/2018 (dt). |
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Filing 15
ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge William L. Campbell, Jr. for all purposes. Signed by District Judge Aleta A. Trauger on 1/26/2018. (ab)
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Filing 14
ORDER granting #11 Motion for Jonathan D. Kent to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/3/2018. (ab)
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| Filing 13 RECEIPT #34675048651 in the amount of $75.00 re #11 Motion to Appear Pro Hac Vice. (ab) |
| Filing 12 CERTIFICATE OF GOOD STANDING of Attorney Jonathan Kent from the United States District Court for the Central of California filed by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (ab) |
| Filing 11 MOTION for attorney(s) Jonathan D. Kent to Appear Pro Hac Vice (Fee paid) by Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (ab) |
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Filing 10
ORDER granting #9 Motion Extending Defendants' Time to Respond to Complaint and to Postpone Initial Case Management Conference. Defendants' Answer or other responsive pleading shall be filed on or before February 9, 2018. Signed by District Judge Aleta A. Trauger on 12/28/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
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| Filing 9 Joint MOTION Extending Defendants' Time to Respond to Complaint and To Postpone Initial Case Management Conference by Servpro Industries, Inc.. (Attachments: #1 Attachment Proposed Order Granting Joint Motion Extending Defendants' Time to Respond to Complaint and to Postpone Initial Case Management Conference)(Harvey, Robb) |
| NOTICE TO COUNSEL Luke Carlson, Johnathan D. Kent: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 1/2/2018. (ab) |
| CA State Bar status verified as active for Luke Carlson, Johnathan D. Kent. (ab) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer Delta Dawgs Construction Corp., Paul Woloski, and Tammy Woloski answer due 12/26/2017. Signed by District Judge Aleta A. Trauger on 12/8/2017. (ab)
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| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Servpro Industries, Inc.. (Harvey, Robb) |
| Filing 6 NOTICE of Case Management Conference set for 1/3/2018 at 03:45 PM in Chambers 825 before District Judge Aleta A. Trauger. (ab) |
| Filing 5 Summons issued as to Delta Dawgs Construction Corp., Paul Woloski, Tammy Woloski. (Service copies to be picked up attorney) (ab) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ab) |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (ab) |
| NOTICE TO COUNSEL Kyle Mallinak: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/files/applicationforadmission3.pdf (LR 83.01(a)). Admission due by 11/28/2017. (ab) |
| TN State Bar status verified as active for Robb S. Harvey, Kyle Mallinak. (ab) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Servpro Industries, Inc.. (Harvey, Robb) |
| Filing 1 COMPLAINT filed by Servpro Industries, Inc. (Filing fee $400, Receipt number 0650-2551292) (Attachments: #1 Exhibit A-Franchise License Agreement, #2 Exhibit B-Personal Responsibility Statement, #3 Exhibit C-Security Agreement, #4 Exhibit D-Secured Promissory Note, #5 Exhibit E-Notice of Termination, #6 Exhibit F-Guaranty Agreement, #7 Exhibit G-Acquisition Agreement, #8 Exhibit H-Conversion Letter, #9 Attachment Civil Cover Sheet)(af) |
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