VaVia, LLC v. Barros et al
| VaVia, LLC |
| Diego Barros, Jessica V. Ayala Espinosa and Dumpster To Go Central Florida, LLC |
| 3:2023cv01354 |
| December 21, 2023 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.
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Filing 20
ORDER: Due to the Court's calendar, the hearing currently set for February 16, 2024, is CONTINUED to Tuesday, February 20, 2024, at 3:30 p.m. Signed by District Judge William L. Campbell, Jr on 02/15/24. (ad)
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Filing 19
ORDER: Pending before the Court is the parties' joint motion to continue the hearing currently scheduled for February 2, 2024. (Doc. No. #18 ). The parties advise that they have reached a settlement in principle. They request a continuance of the hearing for two-weeks to allow time to finalize their agreement. The Motion (Doc. No. #18 ) is GRANTED. The hearing currently set for February 2, 2024, is CONTINUED to February 16, 2024, at 3:30 p.m. Signed by District Judge William L. Campbell, Jr on 02/01/24. (ad)
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| TN State Bar status verified as active for Paige M. Lyle admitted to this court. (ad) |
| Filing 18 Joint MOTION to Continue Feb. 2, 2024 Hearing by VaVia, LLC. (O'Neill, Michael) |
| Filing 17 NOTICE of Appearance by Paige M. Lyle on behalf of Diego Barros, Dumpster To Go Central Florida, LLC, Jessica V. Ayala Espinosa (Lyle, Paige) |
| Filing 16 Witness List in Advance of Hearing on Plaintiff's Renewed Motion for Temporary Restraining Order by VaVia, LLC. (O'Neill, Michael) |
| Filing 15 Exhibit List in Advance of Hearing on Plaintiff's Renewed Motion for Temporary Restraining Order by VaVia, LLC.. (O'Neill, Michael) |
| Filing 14 MOTION in Limine in Advance of Hearing on Plaintiff's Renewed Motion for Temporary Restraining Order by VaVia, LLC. (Attachments: #1 Exhibit A - Email)(O'Neill, Michael) |
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Filing 13
ORDER: Pending before the Court is Plaintiff VaVia, LLC's ("VaVia") Renewed Motion for Temporary Restraining Order. (Doc. No. #10 ). The Court will hold a hearing on the Motion on February 2, 2024, at 3:30 p.m. Absent extraordinary circumstances, the hearing will conclude on that day. By noon on January 31, 2024, the parties shall file the following: (1) any affidavits, (2) witness lists; (3) exhibit lists; (4) any depositions and/or deposition designations; (5) any stipulations; (6) any motions in limine; and (7) any supplemental briefs. No witness shall testify live at the hearing unless the party calling such witness to testify has identified and made that witness available for a deposition prior to the hearing. Signed by District Judge William L. Campbell, Jr on 01/18/24. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 12 DECLARATION of Michael R. O'Neill filed by VaVia, LLC re: #10 MOTION for Temporary Restraining Order Renewed. (Attachments: #1 Exhibit A - Email)(O'Neill, Michael) |
| Filing 11 DECLARATION of Phillip Nappi filed by VaVia, LLC re: #10 MOTION for Temporary Restraining Order Renewed. (Attachments: #1 Exhibit A - Sales)(O'Neill, Michael) |
| Filing 10 MOTION for Temporary Restraining Order Renewed by VaVia, LLC. (Attachments: #1 Exhibit A - Proposed Order)(O'Neill, Michael) |
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Filing 9
ORDER: Plaintiff has provided evidence that Defendants have continued to operate a dumpster rental business after December 7, 2023. However, although the December 7, 2023 letter purports to immediately terminate the franchise agreement, it also states that it is providing "formal notice that the Franchise Agreement shall automatically terminate within 30 days of receipt of this Notice if you do not pay the outstanding balance of $69,818.30 [W]e reserve the right to collect actual and consequential damages, costs, and expenses, and reasonable attorneys' fees in the event that the default is not cured and your Franchise Agreement is Terminated." (Doc. No. #1 -4). Based on this representation in the Notice of Default, it appears the Defendants have additional time within which to cure the default. Therefore, Plaintiff's motion for a temporary restraining order (Doc. No. #2 ) is DENIED WITHOUT PREJUDICE to refiling with additional information explaining the date of termination. Signed by District Judge William L. Campbell, Jr on 12/27/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 8 NOTICE of Initial Case Management Conference by Telephone set for 3/7/2024 at 10:30 AM before Magistrate Judge Alistair Newbern. (mg) |
| Filing 7 Summons issued as to Diego Barros, Dumpster To Go Central Florida, LLC, Jessica V. Ayala Espinosa. Service copies will be returned to counsel (Michael R. O'Neill) by mail. (mg) |
| Filing 6 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 5 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) |
| Filing 3 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order filed by VaVia, LLC. (mg) |
| Filing 2 MOTION for Temporary Restraining Order by VaVia, LLC. (Attachments: #1 Attachment - Proposed Order)(mg) |
| Filing 1 COMPLAINT against Diego Barros, Dumpster To Go Central Florida, LLC, Jessica V. Ayala Espinosa (Filing fee $405, Receipt number ATNMDC-3978344)), filed by VaVia, LLC. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - AMENDMENT TO FRANCHISE AGREEMENT, #3 Exhibit C - Letter, #4 Exhibit D - Default Notice, #5 Exhibit E - Sales Chart, #6 Attachment - Civil Cover Sheet)(mg) |
| TX State Bar status verified as active for Elizabeth P. Wroblewski admitted to this court. (mg) |
| TN State Bar status verified as active for Samuel P. Funk, Michael R. O'Neill admitted to this court. (mg) |
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