Stuart C. Irby Company v. Music City Electric Corp. et al
Plaintiff: Stuart C. Irby Company
Defendant: Dan Gibson, Panda Express, Inc., Music City Electric Corp. and CFT NV Developments, LLC
Case Number: 3:2020cv00259
Filed: March 26, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Aleta A Trauger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2020 Opinion or Order Filing 37 ORDER: It is hereby ORDERED that the initial case management conference scheduled for June 19, 2020 is hereby RESET for Wednesday, June 24, 2020 at 3:30 p.m. and shall be held by telephone conference. Lead counsel for each party shall participate in the conference. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the conference. Signed by District Judge Aleta A. Trauger on 5/22/2020. (am)
May 22, 2020 Opinion or Order Filing 36 ORDER granting #20 Request for Entry of Default Against Defendant Dan Gibson. Signed by Kirk L. Davies on 5/22/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
May 21, 2020 Filing 35 CERTIFIED MAIL RECEIPT re #32 Order on Motion for Entry of Default. (dt)
May 20, 2020 Filing 34 GREEN CARD RETURNED Executed as to Music City Electric Corporation re: #16 , #17 and #18 Orders. (dt)
May 20, 2020 Filing 33 GREEN CARD RETURNED Executed as to CFT NV Developments, LLC re: #16 , #17 and #18 Orders. (dt)
May 20, 2020 Opinion or Order Filing 32 ORDER granting #13 Request for Entry of Default against Defendant Music City Electric Corp. Signed by Kirk L. Davies on 5/20/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (xc: pro se defendants by certified mail.) Modified on 5/22/2020 (dt).
May 19, 2020 Filing 31 GREEN CARD RETURNED Executed as to Dan Gibson re: #16 , #17 and #18 Orders. (dt)
May 18, 2020 Filing 30 GREEN CARD RETURNED Executed as to Panda Express, Inc. re: #16 , #17 and #18 Orders. (dt)
May 18, 2020 TN State Bar status verified as active for Peter C. Sales and Jeffrey W. Sheehan. (dt)
May 15, 2020 Opinion or Order Filing 29 ORDER granting #28 MOTION FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference reset for 6/19/2020 at 3:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 5/15/2020. (dt)
May 15, 2020 Filing 28 MOTION to Continue (UNOPPOSED MOTION FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE) by Stuart C. Irby Company. (Kimball, Brian)
May 14, 2020 Opinion or Order Filing 27 ORDER: Unopposed Motion to Set Aside Entries of Default and for Leave to Respond to Complaint. The Court, having reviewed the motion, the memorandum in support, and the entire record and being otherwise sufficiently advised, hereby orders that the Panda Defendants' motion is GRANTED. The default entered against Panda Express, Inc. in this matter (DE #16 ) is set aside. The default entered against CFT NV Developments, LLC in this matter (DE #17 ) is set aside. The Panda Defendants are permitted to file responses to the Complaint within 30 days of the date of this Order. Signed by District Judge Aleta A. Trauger on 5/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
May 14, 2020 Opinion or Order Filing 26 ORDER granting #23 Motion to Set Aside Default and for Leave to Respond to Complaint. Signed by District Judge Aleta A. Trauger on 5/14/2020. (dt)
May 14, 2020 Filing 25 DECLARATION of James K. Hedges filed by CFT NV Developments, LLC, Panda Express, Inc. re: #23 MOTION to Set Aside Default (Unopposed) MOTION for Leave to RESPOND TO COMPLAINT (Unopposed). (Attachments: #1 Exhibit A - Bond, #2 Exhibit B - Unconditional Waiver and Release)(Sheehan, Jeffrey)
May 14, 2020 Filing 24 MEMORANDUM in Support of #23 MOTION to Set Aside Default (Unopposed) MOTION for Leave to RESPOND TO COMPLAINT (Unopposed) filed by CFT NV Developments, LLC, Panda Express, Inc. . (Sheehan, Jeffrey)
May 14, 2020 Filing 23 MOTION to Set Aside Default (Unopposed), MOTION for Leave to RESPOND TO COMPLAINT (Unopposed) by CFT NV Developments, LLC, Panda Express, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Sheehan, Jeffrey)
May 12, 2020 Filing 22 NOTICE of Appearance by Jeffrey W. Sheehan on behalf of CFT NV Developments, LLC, Panda Express, Inc. (Sheehan, Jeffrey)
May 12, 2020 Filing 21 NOTICE of Appearance by Peter C. Sales on behalf of CFT NV Developments, LLC, Panda Express, Inc. (Sales, Peter)
May 12, 2020 Filing 20 Amended MOTION for Entry of Default as to Dan Gibson by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
May 11, 2020 Filing 19 CERTIFIED MAIL RECEIPT re #17 Entry of Default, #16 Entry of Default, #18 Order on Motion for Entry of Default. (dt)
May 8, 2020 Opinion or Order Filing 18 ORDER denying #14 Motion for Entry of Default against Defendant Dan Gibson. Signed by Kirk L. Davies on 5/8/20. (xc: Defendants by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 5/11/2020 (dt).
May 8, 2020 Filing 17 *SET ASIDE PER ORDER #27 * ORDER granting #12 Motion for Entry of Default. Signed by Kirk L. Davies on 5/8/20. (xc: Defendants by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 5/11/2020 (dt). Modified on 5/14/2020 (dt).
May 8, 2020 Filing 16 *SET ASIDE PER ORDER #27 * ORDER granting #11 Motion for Entry of Default. Signed by Kirk L. Davies on 5/8/20. (xc: Defendants by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 5/11/2020 (dt). Modified on 5/14/2020 (dt).
May 5, 2020 Filing 15 MOTION for Entry of Default as to Dan Gibson by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
May 4, 2020 Filing 14 MOTION for Entry of Default as to Dan Gibson by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
May 4, 2020 Filing 13 MOTION for Entry of Default as to Music City Electric Corp. by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
April 23, 2020 Filing 12 MOTION for Entry of Default as to CFT NV Developments, LLC by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
April 23, 2020 Filing 11 MOTION for Entry of Default as to Panda Express, Inc. by Stuart C. Irby Company. (Attachments: #1 Exhibit 1 - Declaration of Brian Kimball)(Kimball, Brian)
April 9, 2020 Filing 10 SUMMONS returned executed by Stuart C. Irby Company. Dan Gibson served on 4/9/2020. (Kimball, Brian)
April 9, 2020 Filing 9 SUMMONS returned executed by Stuart C. Irby Company. Music City Electric Corp. served on 4/9/2020. (Kimball, Brian)
April 9, 2020 Filing 8 SUMMONS returned executed by Stuart C. Irby Company. CFT NV Developments, LLC served on 4/1/2020. (Kimball, Brian)
April 9, 2020 Filing 7 SUMMONS returned executed by Stuart C. Irby Company. Panda Express, Inc. served on 4/1/2020. (Kimball, Brian)
March 27, 2020 Filing 6 Summons issued as to CFT NV Developments, LLC, Dan Gibson, Music City Electric Corp., Panda Express, Inc. (gb)
March 27, 2020 Filing 5 NOTICE of Initial Case Management Conference set for 5/21/2020 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (gb)
March 27, 2020 Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (gb)
March 27, 2020 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
March 27, 2020 TN State Bar status verified as active for Brian C. Kimball. (gb)
March 26, 2020 Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Stuart C. Irby Company. (gb)
March 26, 2020 Filing 1 COMPLAINT against CFT NV Developments, LLC, Dan Gibson, Music City Electric Corp., Panda Express, Inc. (Filing fee paid $400, Receipt number 0650-3113840), filed by Stuart C. Irby Company. Service copies will be mailed to counsel. (Attachments: #1 Exhibit 1 - Application, #2 Exhibit 2 - Invoices, #3 Exhibit 3 - Summary of Invoices, #4 Exhibit 4 - Sales Terms, #5 Exhibit 5 - Notice of Nonpayment, #6 Exhibit 6 - Notice of Lien, #7 Attachment Civil Cover Sheet)(gb) Modified text on 3/27/2020 (gb).

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Defendant: Dan Gibson
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Defendant: Panda Express, Inc.
Represented By: Jeffrey W. Sheehan
Represented By: Peter C. Sales
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Defendant: Music City Electric Corp.
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Defendant: CFT NV Developments, LLC
Represented By: Jeffrey W. Sheehan
Represented By: Peter C. Sales
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Plaintiff: Stuart C. Irby Company
Represented By: Brian C. Kimball
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