Fire Door Solutions, LLC v Castro
Fire Door Solutions, LLC |
James Castro |
3:2021cv00622 |
August 10, 2021 |
US District Court for the Middle District of Tennessee |
Waverly D Crenshaw |
Jeffery S Frensley |
Aleta A Trauger |
Labor: Other |
28 U.S.C. § 1331 |
Both |
Docket Report
This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
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Filing 56 ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 9/6/2022 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 8/12/2022. Witness List due by 8/12/2022. Pretrial Conference is set for 8/19/2022 at 3:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 8/12/2022. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
Filing 55 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 2/4/2022. Discovery due by 2/28/2022. Dispositive Motions due by 6/9/2022. Telephonic Status Conference set for 1/5/2022 08:30 AM before Magistrate Judge Jeffery S. Frensley. The Parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 9/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 9/22/2021. (Hearing lasted :24)(ms) |
Filing 54 PROPOSED CASE MANAGEMENT ORDER (Initial) filed by Fire Door Solutions, LLC. (Hull, Daniel) |
Filing 53 ORDER: A Case Management Conference is set for September 22, 2021, at 9:30 a.m. via telephone. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 8/28/2021. (mg) |
Filing 52 ORDER: Plaintiff's Motion to Allow Substitution of Counsel of Record #50 is GRANTED. J. Gerard Stranch, IV and Daniel P. Hull of Branstetter, Stranch & Jennings, PLLC are substituted for Richard S. Fisk, Mark Beam-Ward and Jessica Lile as counsel of record for Plaintiff. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/19/2021. (kc) |
TN State Bar status verified as active for Keith C. Dennen, Tyler A. Cosby and Daniel P. Hull admitted to this court. (kc) |
Filing 51 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/16/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
Filing 50 MOTION to Substitute Attorney by Fire Door Solutions, LLC. (Hull, Daniel) |
Filing 49 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Waverly D. Crenshaw, Jr for all further proceedings. District Judge Aleta A. Trauger no longer assigned to case, Related cases: Create association to 3:20-cv-00753. Signed by District Judge Aleta A. Trauger on 8/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
Filing 48 ORDER: Motion #47 to Substitute Counsel of Record GRANTED. Attorneys James A. Durbin and James F. Freeman, III terminated. Signed by District Judge Aleta A. Trauger on 8/13/2021. (ln) |
Filing 47 MOTION to Substitute Attorney by James Castro. (Dennen, Keith) |
Filing 46 NOTICE of Appearance by Keith C. Dennen and Tyler A. Cosby on behalf of James Castro (Dennen, Keith) |
Filing 45 NOTICE of Appearance by Daniel P. Hull on behalf of Fire Door Solutions, LLC (Hull, Daniel) |
Filing 44 NOTICE of Appearance by James Gerard Stranch, IV on behalf of Fire Door Solutions, LLC (Stranch, James) |
TN State Bar status verified as active for James Gerard Stranch, IV and Daniel P. Hull admitted to this court. (kc) |
Filing 43 NOTICE of Initial Case Management Conference is set for 10/4/2021 at 2:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (kc) |
Filing 42 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
Filing 41 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
Filing 40 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) |
NOTICE TO COUNSEL James A. Durbin, James F. Freeman, III, Richard S. Fisk, Mark C. Beam-Ward, and Jessica Lile: 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 or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/1/2021. (kc) |
State Bar status verified as active for James A. Durbin (MO), James F. Freeman, III (KS), Richard S. Fisk (KS), Mark C. Beam-Ward (KS), and Jessica Lile (KS) not admitted to this court - Local counsel required. (kc) |
Filing 39 Case transferred in from the District of Kansas; Case Number 2:20-cv-02536. Original file certified copy of transfer order and docket sheet received. |
Filing 38 ORDER granting #37 Joint Motion to Transfer Case. Pursuant to 28 U.S.C. Sec. 1404(a) in the interest of justice and with the consent of all parties the joint motion to transfer is hereby granted and the action is transferred to the U.S. District Court for the Middle District of Tennessee. Entered by District Judge John W. Broomes on 8/10/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) [Transferred from Kansas on 8/10/2021.] |
Case transferred to the Middle District of Tennessee per DE 38. (mam) [Transferred from Kansas on 8/10/2021.] |
Filing 37 Joint MOTION to Transfer Case to the United States District Court for the Middle District of Tennessee by Plaintiff Fire Door Solutions, LLC (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 36 REPLY TO RESPONSE TO MOTION by Defendant James Castro re: #24 Motion to Dismiss, Motion to Transfer Case (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 35 ORDER. The Court held a status conference in this matter. Plaintiff appeared through counsel, Richard Fisk. Defendant appeared through counsel, James Freeman. After discussion, the Court set the following deadlines: Parties to confer and submit a jointly proposed protective order by 7/23/2021; exchange initial disclosures as required by Fed. R. Civ. P. 26(a)(1), providing same to chambers at ksd_birzer_chambers@ksd.uscourts.gov by 7/30/2021; and exchange documents identified in their initial disclosures by 8/13/2021. The Court shall set another status conference to discuss scheduling, if necessary, following ruling on Defendant's Motion to Dismiss or Transfer (ECF No. 24) by the District Judge. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 7/6/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) [Transferred from Kansas on 8/10/2021.] |
Filing 34 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 7/6/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) [Transferred from Kansas on 8/10/2021.] |
Filing 33 NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding 29 Notice of Hearing: The Status Conference will be held at 1:30PM on 7/6/21 rather than the indicated 1:30AM. Participants should still dial into the conference call at 1-888-363-4749, use access code 9686294#, and follow prompts to join conference. THIS IS FOR NOTICING PURPOSES ONLY. (ala) [Transferred from Kansas on 8/10/2021.] |
Set/Reset Hearings: Status Conference set for 7/6/2021 at 01:30 PM by Telephone GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294 before Magistrate Judge Gwynne E. Birzer.(ala) [Transferred from Kansas on 8/10/2021.] |
Filing 32 MEMORANDUM IN OPPOSITION by Plaintiff Fire Door Solutions, LLC re #24 MOTION to Dismiss or Transfer MOTION to Transfer Case (Lile, Jessica) [Transferred from Kansas on 8/10/2021.] |
Filing 31 ENTRY OF APPEARANCE by Jessica Lile on behalf of Fire Door Solutions, LLC. (Lile, Jessica) [Transferred from Kansas on 8/10/2021.] |
Filing 30 REPLY TO RESPONSE TO MOTION by Plaintiff Fire Door Solutions, LLC re: #22 Motion to Dismiss for Failure to State a Claim (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 29 NOTICE CHANGE REGARDING SCHEDULING CONFERENCE; CONVERTED TO STATUS CONFERENCE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. The Scheduling Conference before Magistrate Judge Gwynne E. Birzer set for 7/6/2021 at 01:30 AM is converted to a Status Conference. Participants shall call 1-888-363-4749, use access code 9686294, and follow prompts to join conference. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) [Transferred from Kansas on 8/10/2021.] |
Filing 28 NOTICE OF SUPPLEMENTAL AUTHORITY by James Castro re: MOTION to Dismiss or Transfer MOTION to Transfer Case #24 filed by Defendant James Castro (Attachments: #1 Exhibit A - Memorandum Opinion)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 27 RESPONSE by Defendant James Castro re #22 Motion to Dismiss for Failure to State a Claim / Defendant's Memorandum in Opposition to Plaintiff's Motion to Dismiss (Attachments: #1 Exhibit A - Skipton v. RevHoney Opinion, #2 Exhibit B - Docket, #3 Exhibit C - First Amended Complaint)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 26 CORPORATE DISCLOSURE STATEMENT by Fire Door Solutions, LLC identifying None as corporate parent . (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 25 MEMORANDUM IN SUPPORT of #24 MOTION to Dismiss or Transfer by Defendant James Castro (Attachments: #1 Exhibit A - Castro Declaration, #2 Exhibit B - Castro's First Amended Complaint in TN suit, #3 Exhibit C - FDS's Petition, #4 Exhibit D - Employment Agreement, #5 Exhibit E - RCC Agreement, #6 Exhibit F - Castro's Complaint, #7 Exhibit G - FDS Notice of Removal in TN action, #8 Exhibit H - TN Suit's Docket, #9 Exhibit I - Skipton v. RevHoney Opinion)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 24 MOTION to Dismiss or Transfer by Defendant James Castro (Freeman, James). Added MOTION to Transfer Case on 6/8/2021 (mls). [Transferred from Kansas on 8/10/2021.] |
Filing 23 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 7/6/2021 at 01:30 PM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 6/29/2021. Signed by Magistrate Judge Gwynne E. Birzer on 6/1/21. (ala) [Transferred from Kansas on 8/10/2021.] |
Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Fire Door Solutions, LLC (Attachments: #1 Exhibit A)(Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 21 MEMORANDUM AND ORDER. Plaintiff's motion to remand (Doc. #10 ) is DENIED. Signed by District Judge John W. Broomes on 5/6/2021. (mam) [Transferred from Kansas on 8/10/2021.] |
Filing 20 REPLY TO RESPONSE TO MOTION by Plaintiff Fire Door Solutions, LLC re: #10 Motion to Remand (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 19 RESPONSE by Defendant James Castro re #10 Motion to Remand (Attachments: #1 Exhibit A - Declaration of James Castro, #2 Exhibit B - Declaration of Keith Dennen, #3 Exhibit C - Response to First Interrogatories, #4 Exhibit D - Response to First Request for Admissions)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 18 ORDER granting #17 Motion for Extension of Time to Respond. Defendant James Castro shall have to and including March 1, 2021 to respond to #10 Plaintiff's Motion to Remand. Signed by District Judge John W. Broomes on 2/23/2021. (mam) [Transferred from Kansas on 8/10/2021.] |
Filing 17 MOTION for Extension of Time to File a Response as to #10 Motion to Remand by Defendant James Castro. (Freeman, James) Modified on 2/23/2021, linked to #10 . (mam) [Transferred from Kansas on 8/10/2021.] |
MOTION REFERRAL to Magistrate Judge REMOVED as to: #17 MOTION for extension of time to Respond to Plaintiff's Motion to Remand and Memorandum in Support. The motion will be resolved by the District Judge.(ala) [Transferred from Kansas on 8/10/2021.] |
Filing 16 NOTICE OF SERVICE by Fire Door Solutions, LLC of PLAINTIFFS DISCOVERY RESPONSES (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 15 ORDER granting #14 Plaintiff's Second Unopposed Motion for Extension of Time to Answer. Plaintiff shall have ten (10) days following the date of this Court's ruling on Plaintiff's Motion for Remand to file a responsive pleading to Defendant's Counterclaim. Signed by Magistrate Judge Gwynne E. Birzer on 12/9/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) [Transferred from Kansas on 8/10/2021.] |
Filing 14 Unopposed MOTION for Extension of Time to File Answer by Plaintiff Fire Door Solutions, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 13 ORDER granting #11 Motion for Extension of Time to File Response re #10 MOTION to Remand . Response deadline 2/22/2021. Entered by District Judge John W. Broomes on 12/08/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) [Transferred from Kansas on 8/10/2021.] |
Filing 12 CERTIFICATE OF SERVICE of First Interrogatories and First Request for Admissions by James Castro. (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 11 MOTION for extension of time , MOTION for Extension of Time to File Response as to #10 MOTION to Remand ( Response deadline 12/18/2020) by Defendant James Castro (Attachments: #1 Exhibit A, #2 Exhibit B)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
MOTION REFERRAL to Magistrate Judge REMOVED as to: #11 MOTION for extension of time MOTION for Extension of Time to File Response as to #10 MOTION to Remand . The motion will be resolved by the District Judge.(adc) [Transferred from Kansas on 8/10/2021.] |
Filing 10 MOTION to Remand by Plaintiff Fire Door Solutions, LLC (Attachments: #1 Exhibit A Notice of Removal)(Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 9 ORDER granting #8 Plaintiff's Unopposed Motion for Extension of Time to Answer. Plaintiff shall file a responsive pleading to Defendant's Counterclaim on or before December 23, 2020. Signed by Magistrate Judge Gwynne E. Birzer on 11/22/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) [Transferred from Kansas on 8/10/2021.] |
Filing 8 Unopposed MOTION for Extension of Time to File Answer by Plaintiff Fire Door Solutions, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Fisk, Richard) [Transferred from Kansas on 8/10/2021.] |
Filing 7 ANSWER to Complaint by James Castro.(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 6 WAIVER OF SERVICE Returned Executed by defendant, James Castro on 10/9/2020 (ORIGINALLY FILED IN JOHNSON COUNTY DISTRICT COURT ON 10/13/2020. SEE DE #1 FOR FILING). (ca) [Transferred from Kansas on 8/10/2021.] |
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from Kansas on 8/10/2021.] |
Filing 5 NOTICE of / Request for Transfer of Court File by James Castro (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 4 DEMAND FOR TRIAL BY JURY by James Castro. (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant James Castro - trial to be held in Kansas City. (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 2 CIVIL COVER SHEET by Defendant James Castro. (Freeman, James) [Transferred from Kansas on 8/10/2021.] |
Filing 1 NOTICE OF REMOVAL from Johnson County District Court, case number 20CV03863 Trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5300771.), filed by James Castro. (Attachments: #1 Ex A)(Freeman, James) [Transferred from Kansas on 8/10/2021.] |
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