Ncontracts, LLC v. Holmberg
| Ncontracts, LLC |
| Ryan Holmberg |
| 3:2022cv00868 |
| October 27, 2022 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 30
MEMORANDUM OPINION AND ORDER: For the reasons stated herein, the Court finds that it lacks personal jurisdiction over Defendant and that transfer rather than dismissal is the appropriate response to this finding. Defendant's Motion (Doc. No. #17 ) therefore is GRANTED, and the action will be transferred to the United States District Court for the Eastern District of California. The Clerk of this Court is directed to effectuate such transfer and close this file. Signed by District Judge Eli J. Richardson on 12/15/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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This action has been transferred to the United States District Court for the Eastern District of California. (ad)
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Case transferred from Tennessee Middle has been opened in Eastern District of California - Live System as case 1:22-cv-01608, filed 12/15/2022. (ad)
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Filing 29
ORDER: The initial case management was held on December 5, 2022. Counsel participating were Erin Palmer Polly for Plaintiff and Daniel Hull for Defendant. From the parties' proposed initial case management order (Docket No. #28 ) and discussion during the initial case management conference, and upon closer review of the entire record, the Court finds that, in the interests of judicial economy, a postponement of the initial case management conference to allow for resolution of the pending motion(s) is warranted. Signed by Magistrate Judge Barbara D. Holmes on 12/08/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 12/5/2022; ORDER to enter. (Tape #not recorded.) (Hearing lasted :25)(jwc)
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Filing 28
PROPOSED CASE MANAGEMENT ORDER Proposed Initial Case Management Order filed by Ncontracts, LLC. (Polly, Erin)
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Filing 27
ORDER granting #23 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 11/14/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 26
DECLARATION of Second Declaration of Michael Berman filed by Ncontracts, LLC re: #25 Response in Opposition to Motion, #24 Reply to Response to Motion,. (Polly, Erin)
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Filing 25
RESPONSE in Opposition re #17 MOTION to Dismiss and Incorporated Memorandum of Law on the Basis of Lack of Personal Jurisdiction and for Improper Venue Response in Opposition to Defendant's Motion to Dismiss filed by Ncontracts, LLC. (Polly, Erin)
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Filing 24
REPLY to Response to re #23 MOTION for Leave to File Excess Pages Plaintiff's Motion to Exceed Page Limitation, #6 MOTION for Temporary Restraining Order and for Preliminary Injunction MOTION for Preliminary Injunction Reply Memorandum in Further Support of Motion for Temporary Restraining Order and for Preliminary Injunction filed by Ncontracts, LLC. (Polly, Erin)
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Filing 23
MOTION for Leave to File Excess Pages Plaintiff's Motion to Exceed Page Limitation by Ncontracts, LLC. (Polly, Erin)
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TN State Bar status verified as active for Joey P. Leniski, Jr admitted to this court. (ad)
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TN State Bar status verified as active for Daniel P. Hull admitted to this court. (ad)
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Filing 22
NOTICE of Filing by Ryan Holmberg re #19 Declaration, in Support of His Motion to Dismiss and His Opposition to Motion for Temporary Restraining Order and for Preliminary Injunction (Attachments: #1 Exhibit A - Declaration of Ryan Holmberg)(Leniski, Joey)
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Filing 21
ORDER: Accordingly, any response to Defendant's motion to dismiss at Doc. No. #17 is due on or before November 21, 2022. Signed by District Judge Eli J. Richardson on 11/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 20
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on November 7, 2022, Defendant filed a motion to dismiss with incorporated memorandum of law (Docket Entry No. #17 ). Responsive briefing must be in accordance with Local Rule 7.01(a)(3) and (4). Unless otherwise ordered by the Court, the initial case management conference remains scheduled for 11:30 a.m., December 5, 2022, using the Court's conference line at 1-877-402-9753, code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 11/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 19
DECLARATION of Ryan Holmberg filed by Ryan Holmberg re: #18 Response in Opposition to Motion, #17 MOTION to Dismiss and Incorporated Memorandum of Law on the Basis of Lack of Personal Jurisdiction and for Improper Venue. (Leniski, Joey)
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Filing 18
RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order and for Preliminary Injunction - Memorandum of Law in Opposition filed by Ryan Holmberg. (Leniski, Joey)
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Filing 17
MOTION to Dismiss and Incorporated Memorandum of Law on the Basis of Lack of Personal Jurisdiction and for Improper Venue by Ryan Holmberg. (Leniski, Joey)
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Filing 16
NOTICE of Appearance by Daniel P. Hull on behalf of Ryan Holmberg (Hull, Daniel)
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Filing 15
NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Ryan Holmberg (Leniski, Joey)
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Filing 14
NOTICE by Ncontracts, LLC re #13 Order,, Set Motion and R&R Deadlines/Hearings, Notice Regarding Service of Order (Polly, Erin)
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Filing 13
ORDER: Plaintiff Ncontracts, LLC has filed a Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #6 , Motion). If Defendant wishes to file a Response to the Motion, either pro se or through counsel, he must do so by the end of the calendar day on Monday, November 7, 2022. Signed by District Judge Eli J. Richardson on 11/01/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 12
DECLARATION of Erin Palmer Polly filed by Ncontracts, LLC re: #1 Complaint, #6 MOTION for Temporary Restraining Order and for Preliminary Injunction. (Attachments: #1 Exhibit A - Summons Return)(Polly, Erin)
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Filing 11
SUMMONS returned executed by Ncontracts, LLC. Ryan Holmberg served on 10/27/2022. (Polly, Erin)
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Filing 10
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 10/28/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 9
NOTICE by Ncontracts, LLC re #6 MOTION for Temporary Restraining Order and for Preliminary Injunction [Proposed] Order on Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A - Intellectual Property Agreement)(Polly, Erin)
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Filing 8
DECLARATION of Michael Berman filed by Ncontracts, LLC re: #6 MOTION for Temporary Restraining Order and for Preliminary Injunction. (Attachments: #1 Exhibit A - Intellectual Property Agreement)(Polly, Erin)
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Filing 7
MEMORANDUM in Support of #6 MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Ncontracts, LLC . (Polly, Erin)
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Filing 6
MOTION for Temporary Restraining Order and for Preliminary Injunction by Ncontracts, LLC. (Attachments: #1 Exhibit A - Intellectual Property Agreement)(Polly, Erin). Added MOTION for Preliminary Injunction event on 11/8/2022 (ln).
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Filing 5
Summons issued as to Ryan Holmberg. Service copies will be picked up by counsel. (ad)
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Filing 4
NOTICE of Initial Case Management Conference by Telephone set for 12/5/2022 at 11:30 AM before Magistrate Judge Barbara D. Holmes. (ad)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad)
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Filing 2
NOTICE of Business Entity Disclosure Statement filing requirement. (ad)
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Filing 1
COMPLAINT against Ryan Holmberg (Filing fee $402, Receipt number ATNMDC-3693249), filed by Ncontracts, LLC. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A- Intellectual Property Agreement-, #3 Attachment Business Entity Disclosure Statement, #4 Attachment Notice of Appearance)(ad)
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TN State Bar status verified as active for Erin Palmer Polly admitted to this court. (ad)
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| Plaintiff: Ncontracts, LLC | |
| Represented By: | Erin Palmer Polly |
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| Defendant: Ryan Holmberg | |
| Represented By: | Daniel P. Hull |
| Represented By: | Joey P. Leniski, Jr. |
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