OJ Commerce, LLC v. 562 Express, Inc.
| OJ COMMERCE, LLC |
| 562 Express, Inc. |
| 2:2023cv02226 |
| April 19, 2023 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Thomas L Parker |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 RESPONSE to Motion re #54 Joint MOTION to Consolidate Cases filed by OJ COMMERCE, LLC. (Davis, Aaron) |
| Filing 56 Minute Entry for proceedings held before Judge Thomas L. Parker: A Status/Scheduling Conference was held via Microsoft Teams Video Conference on 5/18/2023. Aaron Davis appeared for the plaintiff(s). S. Joshua Kahane and Yosef Horowitz appeared for the defendant(s). The court discussed the status of the case with the parties. Aaron W. Davis, counsel for OJ Commerce, LLC to file an answer to defendant's Motion to Consolidate Cases #54 . The court will set a Status/Scheduling Conference upon receipt and review of plaintiff's answer to the motion. The parties will receive the date of the next setting by a separate entry. (Court Reporter: Catherine Phillips) (smm) |
| Filing 55 NOTICE by OJ COMMERCE, LLC of Service of its First Set of Requests for Production of Documents to Defendant 562 Express, Inc. (Davis, Aaron) |
| Filing 54 Joint MOTION to Consolidate Cases by 562 Express, Inc.. (Attachments: #1 Memorandum in Support of Joint Motion to Consolidate Cases)(Kahane, S. Joshua) |
| Filing 53 REPORT of Rule 26(f) Planning Meeting by Plaintiff. (Davis, Aaron) |
| Filing 52 NOTICE of Appearance by Yosef Horowitz on behalf of 562 Express, Inc. (Horowitz, Yosef) |
| Filing 51 RESPONSE in Opposition re #49 MOTION for Entry of Default by the Clerk filed by 562 Express, Inc.. (Kahane, S. Joshua) |
| Filing 50 ANSWER to #1 Complaint, by 562 Express, Inc..(Kahane, S. Joshua) |
| Filing 49 MOTION for Entry of Default by the Clerk by OJ COMMERCE, LLC. (Davis, Aaron) |
| Filing 48 NOTICE SETTING SCHEDULING CONFERENCE: A Scheduling Conference has been set for Thursday, May 18, 2023 at 3:30 PM. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions.(smm) |
| Filing 47 Minute Entry for proceedings held before Judge Thomas L. Parker: A Status/Scheduling Conference was held via Microsoft Teams Video Conference on 5/11/2023. Aaron W. Davis appeared for the plaintiff(s). S. Joshua Kahane and Joseph Harowitz appeared for the defendant(s). The court discussed the status of the case with the parties. Defense Counsel stated he will file an answer by close of business on this date. The parties shall meet and confer and submit a proposed scheduling order the Judge Parker's ECF email. The Scheduling Conference is reset for Wednesday, May 18, 2023 at 03:30 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (Court Reporter: Lashawn Marshall) (smm) |
| Filing 46 NOTICE SETTING SCHEDULING CONFERENCE: A Scheduling Conference has been set for Thursday, May 11, 2023 at 2:15 PM. via Microsoft Teams Video Conference before Judge Thomas L. Parker. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions. (smm) |
| Filing 45 Judge Thomas L. Parker and Magistrate Judge Annie T. Christoff added. (csf) |
| Filing 44 Case transferred in from District of California Central; Case Number 2:23-cv-00106. Original file certified copy of transfer order and docket sheet received. |
Filing 43
ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER AND DENYING AS MOOT DEFENDANTS' MOTION TO STAY PENDING TRANSFER #13 , #36 by Judge Sherilyn Peace Garnett. The Court GRANTS the Motion to Transfer and DENIES AS MOOT the Motion to Stay. The Court hereby ORDERS the transfer of this action to the United States District Court for the Western District of Tennessee. Case transferred electronically. (iv) [Transferred from California Central on 4/20/2023.]
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Filing 42
(IN CHAMBERS) ORDER TAKING THE MOTION(s) (DKT.NO. [13, 36]) UNDER SUBMISSION by Judge Sherilyn Peace Garnett: The Court has considered the matters raised with respect to the Motion to Stay Requirement to Answer or Otherwise Respond to Complaint, and Motion for Order Transferring this Action to the U.S. District Court for the Western District of Tennessee and has concluded that pursuant to Local Rule 7.15, the matters can be decided without oral argument. The Motions noticed for hearing on April 19, 2023, have been taken under submission and off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 4/20/2023.]
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| Filing 41 REPLY in further support of Defendant's NOTICE OF MOTION AND MOTION to Transfer Case to USDC Western District of Tennessee #36 filed by Defendant 562 Express, Inc.. (Kahane, S.) [Transferred from California Central on 4/20/2023.] |
| Filing 40 Response in opposition to re: NOTICE OF MOTION AND MOTION to Transfer Case to USDC Western District of Tennessee #36 filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Declaration of Jacob Weiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Aaron W. Davis, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5)(Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 39 NOTICE OF LODGING filed in Response to Notice of Deficiency #37 re NOTICE OF MOTION AND MOTION to Transfer Case to USDC Western District of Tennessee #36 (Attachments: #1 Proposed Order Granting Motion to Transfer)(Kahane, S.) [Transferred from California Central on 4/20/2023.] |
| Filing 38 NOTICE of Interested Parties filed by Defendant 562 Express, Inc., (Kahane, S.) [Transferred from California Central on 4/20/2023.] |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Transfer #36 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Local Rule 7-1.1 no notice of interested parties. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) [Transferred from California Central on 4/20/2023.] |
| Filing 36 NOTICE OF MOTION AND MOTION to Transfer Case to USDC Western District of Tennessee filed by Defendant 562 Express, Inc.. Motion set for hearing on 4/19/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum in Support of Motion to Transfer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Kahane, S.) [Transferred from California Central on 4/20/2023.] |
| Filing 35 Notice NOTICE OF FILING UPDATED STATE OF NEW JERSEY CERTIFICATE OF GOOD STANDING FOR NON-RESIDENT ATTORNEY S. JOSHUA KAHANE filed by Defendant 562 Express, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing Issued March 10, 2023)(Kahane, S.) [Transferred from California Central on 4/20/2023.] |
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Filing 34
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney S. Joshua Kahane to Appear Pro Hac Vice on behalf of Defendant 562 Express, Inc., designating Jacob N. Segura as local counsel #32 . (iv) [Transferred from California Central on 4/20/2023.]
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| Filing 33 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Renewed APPLICATION of Non-Resident Attorney S. Joshua Kahane to Appear Pro Hac Vice on behalf of Defendant 562 Express, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 3/8/2023, Receipt No. ACACDC-34922642) #32 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): NJ is outdated. (lt) [Transferred from California Central on 4/20/2023.] |
| Filing 32 Renewed APPLICATION of Non-Resident Attorney S. Joshua Kahane to Appear Pro Hac Vice on behalf of Defendant 562 Express, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 3/8/2023, Receipt No. ACACDC-34922642) filed by defendant 562 Express, Inc.. (Attachments: #1 Proposed Order) (Segura, Jacob) [Transferred from California Central on 4/20/2023.] |
| Filing 31 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Application to Appear Pro Hac Vice #29 by Judge Sherilyn Peace Garnett. The document is stricken. (iv) [Transferred from California Central on 4/20/2023.] |
| Filing 30 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney S. Joshua Kahane to Appear Pro Hac Vice on behalf of Defendant 562 Express, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34922642) #29 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 1/10/23, Dkt. 6. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). Application is not in correct order. (lt) [Transferred from California Central on 4/20/2023.] |
| Filing 29 **STRICKEN** APPLICATION of Non-Resident Attorney S. Joshua Kahane to Appear Pro Hac Vice on behalf of Defendant 562 Express, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34922642) filed by defendant 562 Express, Inc.. (Attachments: #1 Proposed Order) (Segura, Jacob) Modified on 3/9/2023 Per Response #31 (iv). [Transferred from California Central on 4/20/2023.] |
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Filing 28
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett. In light of the withdrawal and pending re-filing of Defendants Motion to Transfer (ECF No. 24) and Plaintiffs Application to file a Supplemental Opposition to Motion to Stay (ECF No. 25) the Court hereby advances the hearing on the Motion to Stay Pending Ruling on the Motion to Transfer to April 19, 2023 at 1:30 p.m. However, the Parties are reminded that they must still fulfill the meet and confer requirements set forward in Local Rule 7-3. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 4/20/2023.]
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| Filing 27 RESPONSE filed by Plaintiff OJ Commerce, LLC to Notice of Deficiency [ECF No. 26] (Attachments: #1 Proposed Order)(Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: APPLICATION for Leave to file Supplemental Opposition to Motion to Stay #25 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): No [Prop] Order attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) [Transferred from California Central on 4/20/2023.] |
| Filing 25 APPLICATION for Leave to file Supplemental Opposition to Motion to Stay filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Supplement [Proposed] to Plaintiff's Opposition to Motion to Stay, #2 Declaration of Aaron W. Davis, #3 Exhibit 2, #4 Exhibit 3) (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 24 Notice of Withdrawal of Motion to Transfer Case, #12 filed by defendant 562 Express, Inc.. (Segura, Jacob) [Transferred from California Central on 4/20/2023.] |
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Filing 23
ORDER by Judge Sherilyn Peace Garnett: Granting Application of Non-Resident Attorney Aaron Davis to Appear Pro Hac Vice on behalf of Plaintiff OJ Commerce, LLC, designating Levi Lesches as local counsel #22 . (iv) [Transferred from California Central on 4/20/2023.]
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| Filing 22 Corrected APPLICATION of Non-Resident Attorney Aaron W. Davis to Appear Pro Hac Vice on behalf of Plaintiff OJ Commerce, LLC (Pro Hac Vice Fee - $500 Previously Paid on 2/16/2023, Receipt No. 34804696) filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Proposed Order) (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Application to Appear Pro Hac Vice #15 by Judge Sherilyn Peace Garnett. The document is stricken. (iv) [Transferred from California Central on 4/20/2023.] |
| Filing 20 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Aaron W. Davis to Appear Pro Hac Vice on behalf of Plaintiff OJ Commerce, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34804696) #15 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) [Transferred from California Central on 4/20/2023.] |
| Filing 19 DECLARATION of Aaron W. Davis in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Western District of Tennessee #12 , NOTICE OF MOTION AND MOTION to Stay pending Ruling on Defendant 562 Express, Inc.'s motion to transfer entire action to the United District Court for the Western District of Tennessee #13 filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Exhibit 1)(Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 18 DECLARATION of Jacob Weiss in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Western District of Tennessee #12 , NOTICE OF MOTION AND MOTION to Stay pending Ruling on Defendant 562 Express, Inc.'s motion to transfer entire action to the United District Court for the Western District of Tennessee #13 filed by Plaintiff OJ Commerce, LLC. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 17 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Western District of Tennessee #12 filed by Plaintiff OJ Commerce, LLC. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay pending Ruling on Defendant 562 Express, Inc.'s motion to transfer entire action to the United District Court for the Western District of Tennessee #13 filed by Plaintiff OJ Commerce, LLC. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 15 **STRICKEN** APPLICATION of Non-Resident Attorney Aaron W. Davis to Appear Pro Hac Vice on behalf of Plaintiff OJ Commerce, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34804696) filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Proposed Order) (Lesches, Levi) Modified on 2/17/2023 Per Order #21 (iv). [Transferred from California Central on 4/20/2023.] |
| Filing 14 NOTICE TO FILER RE DEFICIENCY by Judge Sherilyn Peace Garnett. Pursuant to the filing of Defendant 562 Express, Inc. s Motion for Order Transferring This Action to the United States District Court for the Western District of Tennessee #12 , and Motion to Stay Pending Ruling on Defendant 562 Express, Incs Motion to Transfer Entire Action to the District Court for Western District of Tennessee #13 . A WordPerfect or Microsoft Word copy of the proposed document along with a PDF copy of the electronically filed main document was to be emailed to Judge Garnetts generic chambers email address in compliance with L.R. 5-4.4.2. Counsel shall email the necessary documents by February 6, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 4/20/2023.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Stay pending Ruling on Defendant 562 Express, Inc.'s motion to transfer entire action to the United District Court for the Western District of Tennessee filed by defendant 562 Express, Inc.. Motion set for hearing on 3/8/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT 562 EXPRESS, INC.S MOTION TO STAY REQUIREMENT TO ANSWER TO OTHERWISE RESPOND TO COMPLAINT) (Segura, Jacob) [Transferred from California Central on 4/20/2023.] |
| Filing 12 WITHDRAWN, see docket entry no. 24 - NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Western District of Tennessee filed by defendant 562 Express, Inc.. Motion set for hearing on 3/8/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum of Points and Authorities and Declarations of Antonio Hernandez and Uri Silver) (Attorney Jacob Nessim Segura added to party 562 Express, Inc.(pty:dft)) (Segura, Jacob) Modified on 2/27/2023 (lom). [Transferred from California Central on 4/20/2023.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff OJ Commerce, LLC, upon Defendant 562 Express, Inc. served on 1/12/2023, answer due 2/2/2023. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg) [Transferred from California Central on 4/20/2023.]
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant 562 Express, Inc. (et) [Transferred from California Central on 4/20/2023.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) [Transferred from California Central on 4/20/2023.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 4/20/2023.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Alicia G. Rosenberg. (et) [Transferred from California Central on 4/20/2023.] |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff OJ Commerce, LLC, (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Levi Lesches counsel for Plaintiff OJ Commerce, LLC. Adding Levi Lesches as counsel of record for OJ Commerce for the reason indicated in the G-123 Notice. Filed by Plaintiff OJ Commerce. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff OJ Commerce, LLC. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff OJ Commerce, LLC. (Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34581386 - Fee: $402, filed by Plaintiff OJ Commerce, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Levi Lesches added to party OJ Commerce, LLC(pty:pla))(Lesches, Levi) [Transferred from California Central on 4/20/2023.] |
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| Plaintiff: OJ COMMERCE, LLC | |
| Represented By: | Levi Lesches |
| Represented By: | Aaron W. Davis |
| Represented By: | Aaron Davis |
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| Defendant: 562 Express, Inc. | |
| Represented By: | Jacob Nessim Segura |
| Represented By: | S. Joshua Kahane |
| Represented By: | Yosef Horowitz |
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