B-TEC Enterprises, Inc. v. Resolute Tissue, LLC et al
| B-TEC Enterprises, Inc. |
| Resolute Tissue, LLC, Edgewood Paper Company, Inc. and Stover's, LLC doing business as Stover's Liquidation |
| Stover's, LLC |
| 3:2022cv00001 |
| January 3, 2022 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 64 PROPOSED CASE MANAGEMENT ORDER - Joint Proposed Initial Case Management Order filed by B-TEC Enterprises, Inc.. (Hinson, Matthew) |
Filing 63
ORDER granting #56 , #57 , #58 , #59 , and #60 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Alexandra "Sachi" Cole, Darren W. Penn, Kevin M. Ketner, R. Gordon Wright, and Virginia L. Carron to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 01/27/2022. (lh)
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Filing 62
ORDER: The motion #49 for withdrawal and substitution of counsel is GRANTED. Attorney Geoffrey Michael Dureska terminated. Signed by Magistrate Judge Alistair Newbern on 1/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| TN State Bar status verified as active for Matthew G. Sipf and Matthew Brothers admitted to this court. (kc) |
| TN State Bar status verified as active for Kevin C. Baltz and Lauren Paxton Roberts admitted to this court. (kc) |
| GA State Bar status verified as active for Darren W. Penn, Alexandra Cole, Kevin M. Ketner, Virginia L. Carron, Robert Gordon Wright not admitted to this court - Local counsel secured. (kc) |
| Filing 61 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Resolute Tissue, LLC. (Roberts, Lauren) |
| Filing 60 MOTION for attorney Virginia L. Carron to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3519249) by Resolute Tissue, LLC. (Roberts, Lauren) |
| Filing 59 MOTION for attorney R. Gordon Wright to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3519239) by Resolute Tissue, LLC. (Roberts, Lauren) |
| Filing 58 MOTION for attorney Kevin M. Ketner to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3519202) by B-TEC Enterprises, Inc.. (Hinson, Matthew) |
| Filing 57 MOTION for attorney Darren W. Penn to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3519198) by B-TEC Enterprises, Inc.. (Hinson, Matthew) |
| Filing 56 MOTION for attorney Alexandra "Sachi" Cole to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3519189) by B-TEC Enterprises, Inc.. (Hinson, Matthew) |
| Filing 55 BUSINESS ENTITY DISCLOSURE STATEMENT filed by B-TEC Enterprises, Inc.. (Hinson, Matthew) |
| Filing 54 NOTICE of Appearance by Lauren Paxton Roberts on behalf of Resolute Tissue, LLC (Roberts, Lauren) |
| Filing 53 NOTICE of Appearance by Kevin C. Baltz on behalf of B-TEC Enterprises, Inc. (Baltz, Kevin) |
| Filing 52 NOTICE of Appearance by Matthew R. Hinson on behalf of B-TEC Enterprises, Inc. (Hinson, Matthew) |
| Filing 51 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Edgewood Paper Company, Inc.. (Sipf, Matthew) |
| Filing 50 NOTICE of Appearance by Matthew G. Sipf on behalf of Edgewood Paper Company, Inc. (Sipf, Matthew) |
| Filing 49 Joint MOTION to Substitute Attorney by Edgewood Paper Company, Inc.. (Sipf, Matthew) |
| TN State Bar status verified as active for Matthew A. Grossman admitted to this court. (kc) |
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Filing 48
ORDER: Defendant Stover's LLC has moved to substitute attorneys James E. Wagner and Matthew A. Grossman as counsel, replacing attorney Matthew R. Thiry. #44 . The motion is GRANTED. The Clerk's Office is DIRECTED to terminate Matthew R. Thiry as counsel of record for Stover's. Signed by Magistrate Judge Alistair Newbern on 1/12/2022. (kc)
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| Filing 47 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Stover's, LLC. (Grossman, Matthew) |
| Filing 46 NOTICE of Appearance by Matthew A. Grossman on behalf of Stover's, LLC (Grossman, Matthew) |
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Filing 45
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). Signed by District Judge Eli J. Richardson on 1/5/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 44 MOTION to Substitute Attorney by Stover's, LLC. (Wagner, James) |
| Filing 43 NOTICE of Initial Case Management Conference by Telephone is set for 3/7/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (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) |
| Filing 39 Case transferred in from the District of Georgia Northern; Case Number 2:21-cv-00135. Original file certified copy of transfer order and docket sheet received. |
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Filing 38
ORDER granting #12 Defendant's Motion to Transfer Case and directing that this action be transferred to the United States District Court for the Middle District of Tennessee. Signed by Judge Richard W. Story on 1/03/2022. (ddm) [Transferred from Georgia Northern on 1/3/2022.]
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| NOTICE TO COUNSEL Darren W. Penn, Alexandra Cole, Kevin M. Ketner, Geoffrey Michael Dureska, Virginia L. Carron, Robert Gordon Wright, Mark S. Sommers, and Matthew Robert Thiry: 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 1/24/2022. (kc) |
| NOTICE TO COUNSEL Darren W. Penn, Alexandra Cole, Kevin M. Ketner, Geoffrey Michael Dureska, Virginia L. Carron, Robert Gordon Wright, Mark S. Sommers, and Matthew Robert Thiry: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 1/24/2022. (kc) |
| State Bar status verified as active for GA Darren W. Penn, Alexandra Cole, Kevin M. Ketner, Geoffrey Michael Dureska, Virginia L. Carron, Robert Gordon Wright, Matthew Robert Thiry, and for DC Mark S. Sommers not admitted to this court - Local counsel required. (kc) |
| Submission of #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to plead with particularity, and for lack of personal jurisdiction, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to plead with particularity, and for lack of personal jurisdiction, #30 MOTION to Strike, to District Judge Richard W. Story. (ddm) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 37 REPLY BRIEF re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to plead with particularity, and for lack of personal jurisdiction filed by Edgewood Paper Company, Inc.. (Dureska, Geoffrey) [Transferred from Georgia Northern on 1/3/2022.] |
| Submission of #23 Motion to Dismiss Amended Complaint for Failure to State a Claim, to District Judge Richard W. Story. (ddm) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 36 RESPONSE in Opposition re #30 MOTION to Strike #29 Response in Opposition to Motion filed by B-TEC Enterprises, Inc.. (Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 35 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to plead with particularity, and for lack of personal jurisdiction filed by B-TEC Enterprises, Inc.. (Attachments: #1 Exhibit Affidavit of Robert Bretherton)(Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 34 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint for Failure to State a Claim filed by Resolute Tissue, LLC. (Carron, Virginia) [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 33
ORDER granting #31 Motion for Leave to File Excess Pages. Plaintiff shall be permitted to file its 29-page Response Brief in Opposition to Defendant Resolute's Motion toDismiss. Signed by Judge Richard W. Story on 09/22/2021. (rsg) [Transferred from Georgia Northern on 1/3/2022.]
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| Filing 32 ANSWER to #22 Counterclaim by B-TEC Enterprises, Inc..(Penn, Darren) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 31 MOTION for Leave to File Excess Pages by B-TEC Enterprises, Inc.. (Attachments: #1 Text of Proposed Order)(Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 30 MOTION to Strike #29 Response in Opposition to Motion with Brief In Support by Resolute Tissue, LLC. (Carron, Virginia) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 29 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Complaint for Failure to State a Claim filed by B-TEC Enterprises, Inc.. (Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to plead with particularity, and for lack of personal jurisdiction with Brief In Support by Edgewood Paper Company, Inc.. (Attachments: #1 Exhibit Declaration of D. Check, #2 Exhibit Dkt. 23-2)(Dureska, Geoffrey) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to plead with particularity, and for lack of personal jurisdiction with Brief In Support by Edgewood Paper Company, Inc.. (Attachments: #1 Exhibit Declaration of D. Check, #2 Exhibit Dkt. 23-2)(Dureska, Geoffrey) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 26 Plaintiff B-TEC Enterprises, Inc. ANSWER to #20 Counterclaim of Stover's LLC d/b/a Stover's Liquidation by B-TEC Enterprises, Inc..(Penn, Darren) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 9/15/2021 to correct linkage at attorney's request (ddm). [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 25
ORDER granting #24 Application for Admission Pro Hac Vice filed by Mark S. Sommers. Signed by Judge Richard W. Story on 9/13/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ddm) [Transferred from Georgia Northern on 1/3/2022.]
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| Clerk's Certificate of Mailing to Mark S. Sommers re #25 Order. (ddm) [Transferred from Georgia Northern on 1/3/2022.] |
| APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Mark S. Sommers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11236767).. Attorney Mark S. Sommers added appearing on behalf of Resolute Tissue, LLC (nmb) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 24 APPLICATION for Admission of Mark S. Sommers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11236767).by Resolute Tissue, LLC. (Carron, Virginia) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, with Brief In Support, by Resolute Tissue, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Reda Filali)(Carron, Virginia) Modified on 9/8/2021 to edit docket text (ddm). [Transferred from Georgia Northern on 1/3/2022.] |
| Submission of #12 MOTION to Transfer Case to US Dist. Ct. for the Middle District of Tennessee, Northeastern Division, at Cookeville, to District Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 22 Stover's LLC's ANSWER to #17 Amended Complaint , COUNTERCLAIM against B-TEC Enterprises, Inc. by Stover's, LLC. (Attachments: #1 Exhibit Exhibit 1 - Invoices)(Thiry, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 21 REPLY to Response to Motion re #12 MOTION to Transfer Case to US Dist. Ct. for the Middle District of Tennessee, Northeastern Division, at Cookeville filed by Stover's, LLC. (Attachments: #1 Exhibit Exhibit 1 - Email from Plaintiff)(Thiry, Matthew) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 20 ANSWER to #1 COMPLAINT ( Discovery ends on 1/21/2022.), COUNTERCLAIM against B-TEC Enterprises, Inc. by Stover's, LLC. (Attachments: #1 Exhibit Exhibit 1 - Invoices)(Thiry, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 8/25/2021 to edit docket entry (ddm). [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 19
ORDER denying as moot #14 Motion to Dismiss for Failure to State a Claim. Signed by Judge Richard W. Story on 08/20/2021. (rsg) [Transferred from Georgia Northern on 1/3/2022.]
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| Filing 18 RESPONSE re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by B-TEC Enterprises, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 17 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by B-TEC Enterprises, Inc..(Penn, Darren) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 16 RESPONSE in Opposition re #12 MOTION to Transfer Case to US Dist. Ct. for the Middle District of Tennessee, Northeastern Division, at Cookeville filed by B-TEC Enterprises, Inc.. (Attachments: #1 Exhibit A, Affidavit of Martin Meeks, #2 Exhibit 1, B-Tec PO Stovers, #3 Exhibit 2, Paperbird Bill of Lading, #4 Exhibit 3, Wire confirmation, #5 Exhibit 4, Docusign Certificate)(Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 15 Plaintiff's Amended Notice of Diversity of Citizenship filed by B-TEC Enterprises, Inc. in re #11 Order to Show Cause. (Attachments: #1 Exhibit A, Resolute Growth Division of Corporations Filing, #2 Exhibit B, Resolute Tissue TN SOS, #3 Exhibit C, Resolute Forest 10-Q, #4 Exhibit D, Resolute Forest DE SOS, #5 Exhibit E, Stover's Annual Report)(Penn, Darren) Modified on 8/18/2021 to edit docket text (ddm). [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Resolute Tissue, LLC. (Attachments: #1 Memorandum of Law)(Carron, Virginia) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by B-TEC Enterprises, Inc.. Edgewood Paper Company, Inc. waiver mailed on 7/22/2021, answer due 9/20/2021. (Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 12 MOTION to Transfer Case to US Dist. Ct. for the Middle District of Tennessee, Northeastern Division, at Cookeville with Brief In Support by Stover's, LLC. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Transfer, #2 Exhibit Brief Exhibit A - Affidavit of Tim Stover)(Thiry, Matthew) [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 11
ORDER TO SHOW CAUSE for Plaintiff within 14 days that this case meets the requirements for diversity of citizenship under 1332. Signed by Judge Richard W. Story on 08/03/2021. (rsg) [Transferred from Georgia Northern on 1/3/2022.]
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| Filing 10 WAIVER OF SERVICE Returned Executed by B-TEC Enterprises, Inc.. Stover's, LLC waiver mailed on 6/25/2021, answer due 8/24/2021. (Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 9 NOTICE Of Filing Plaintiff's Notice of Diversity of Citizenship by B-TEC Enterprises, Inc. re #4 Order to Show Cause (Attachments: #1 Exhibit A - Resolute Tissue Annual Report, #2 Exhibit B - Stover's Annual Report)(Penn, Darren) [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer, Resolute Tissue, LLC Answer due 8/23/2021. Signed by Judge Richard W. Story on 07/20/2021. (rsg) [Transferred from Georgia Northern on 1/3/2022.]
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer by Resolute Tissue, LLC. (Attachments: #1 Text of Proposed Order)(Carron, Virginia) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 6 Notice for Leave of Absence for the following date(s): 10/6/21, 10/7/21, 10/8/21, 10/11/21, 10/12/21, 11/19/21, 11/22/21, 11/23/21, 11/24/21, 11/25/21,11/26/21, 11/29/21, 12/23/21, 12/24/21, 12/27/21, by Matthew Robert Thiry. (Thiry, Matthew) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 5 NOTICE of Appearance by Matthew Robert Thiry on behalf of Stover's, LLC (Thiry, Matthew) [Transferred from Georgia Northern on 1/3/2022.] |
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Filing 4
ORDER TO SHOW CAUSE: Plaintiff shall respond in writing within 14 days to SHOW CAUSE that diversity under 1332 is met. Signed by Judge Richard W. Story on 07/08/2021. (rsg) [Transferred from Georgia Northern on 1/3/2022.]
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Filing 3
COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 1/3/2022.]
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| Filing 2 Electronic Summons Issued as to Edgewood Paper Company, Inc., Resolute Tissue, LLC, Stover's, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons)(ddm) [Transferred from Georgia Northern on 1/3/2022.] |
| Filing 1 COMPLAINT, with Jury Demand, filed by B-TEC Enterprises, Inc. (Filing fee $402, receipt number AGANDC-11060829) (Attachments: #1 Civil Cover Sheet)(ddm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 1/3/2022.] |
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