Brinker International Inc et al v. US Foods Inc et al
| Brinker International Inc and Brinker International Payroll Company LP |
| US Foods Inc, Services Group of America, Inc. and Services Group of America Inc |
| 3:2022cv00440 |
| February 23, 2022 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Contract: Other Contract |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.
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Filing 34
MEMORANDUM OPINION AND ORDER: This Court GRANTS Plaintiff's Motion to Remand (ECF No. #18 ) and ORDERS that this action be remanded to 160th Judicial District Court of Dallas County, Texas. (Ordered by Chief Judge Barbara M. G. Lynn on 8/8/2022) (Attachments: #1 Remand Letter) (mjr)
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Filing 33
REPLY filed by Brinker International Inc, Brinker International Payroll Company LP re: #18 MOTION to Remand to State Court (Hail, Eric)
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Filing 32
RESPONSE AND OBJECTION filed by Services Group of America Inc re: #18 MOTION to Remand to State Court (Love, Robert)
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Filing 31
RESPONSE AND OBJECTION filed by US Foods Inc re: #18 MOTION to Remand to State Court (Baggett, Tamara)
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Filing 30
ORDER granting #28 Motion to Stay. All briefing on US Foods Inc.'s Motion to Dismiss (ECF No.[ 2]5) is stayed until the Court issues an order on Plaintiffs' Motion to Remand (ECF No. #18 ). If the Court denies the Motion to Remand, Plaintiffs' deadline to respond to the Motion to Dismiss will be twenty-one days after the date of the Court's order denying the Motion to Remand. (Ordered by Chief Judge Barbara M. G. Lynn on 4/14/2022) (ndt)
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Filing 29
ORDER granting #26 , #27 Motion to Extend Time to File Response/Reply. Responses due by 4/29/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 4/14/2022) (ndt)
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Filing 28
Unopposed MOTION to Stay re #25 MOTION to Dismiss and Brief in Support filed by Brinker International Inc, Brinker International Payroll Company LP (Attachments: #1 Proposed Order) (Hail, Eric)
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Filing 27
MOTION for Extension of Time to File Response/Reply to #18 MOTION to Remand to State Court filed by Services Group of America Inc. (Attachments: #1 Proposed Order Agreed Order Granting Def SGA's Motion for Extension of Time to Respond to Plaintiff's Motion to Remand) (Love, Robert) Modified text on 4/13/2022 (ygl).
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Filing 26
MOTION for Extension of Time to File Response/Reply to #18 MOTION to Remand to State Court filed by US Foods Inc (Attachments: #1 Proposed Order) (Baggett, Tamara)
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Filing 25
MOTION to Dismiss and Brief in Support filed by US Foods Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit 1 - Distribution Agreement, #2 Proposed Order) (Baggett, Tamara)
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Filing 24
ORDER granting #19 Motion to Extend Deadline for Submitting a Joint Report. The parties are ORDERED to submit a Joint Report within fourteen days after the date of the Court's ruling on the Motion to Remand (ECF No. #18 ), if the case is not remanded. (Ordered by Chief Judge Barbara M. G. Lynn on 3/28/2022) (jmg)
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Filing 23
ORDER granting #20 Motion for Extension of Time to File Answer. Defendant Services Group of America, Inc. has up to fourteen days after the date of the Court's ruling on the Motion to Remand (ECF No. #18 ) to answer or otherwise respond to Plaintiffs' Original Petition, if the case is not remanded. (Ordered by Chief Judge Barbara M. G. Lynn on 3/28/2022) (jmg)
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Filing 22
ADDITIONAL ATTACHMENTS Proposed Order to #19 Motion To Extend Time by Plaintiffs Brinker International Inc, Brinker International Payroll Company LP. (Attachments: #1 Certificate of Service for Proposed Order) (Hail, Eric) Modified text on 3/28/2022 (ygl).
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Filing 21
ADDITIONAL ATTACHMENTS Proposed Order to #18 Motion to Remand to State Court by Plaintiffs Brinker International Inc, Brinker International Payroll Company LP. (Attachments: #1 Certificate of Service for Proposed Order) (Hail, Eric) Modified text on 3/28/2022 (ygl).
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Filing 20
Unopposed Motion for Extension of Time to File Answer or otherwise respond to Plaintiffs Original Petition filed by Services Group of America Inc (Attachments: #1 Proposed Order Agreed Order) (Love, Robert)
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Filing 19
MOTION to Extend Time for Submitting a Joint Report and Request for Expedited Treatment Thereof filed by Brinker International Inc, Brinker International Payroll Company LP (Hail, Eric)
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Filing 18
MOTION to Remand to State Court filed by Brinker International Inc, Brinker International Payroll Company LP with Brief/Memorandum in Support. (Hail, Eric)
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Filing 17
ELECTRONIC ORDER granting #15 Application for Admission Pro Hac Vice of Becky L. Caruso. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 3/21/2022) (chmb)
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Filing 16
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brinker International Inc, Brinker International Payroll Company LP identifying Corporate Parent/Other Affiliate Blackrock, Inc. for Brinker International Inc. (Hail, Eric)
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Filing 15
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Becky L. Caruso (Filing fee $100; Receipt number 0539-12670752) filed by Services Group of America Inc (Attachments: #1 Proposed Order, #2 Exhibit(s)) (Love, Robert)
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Filing 14
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of John S. Letchinger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 3/8/2022) (chmb)
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Filing 13
ORDER granting #8 Motion for Extension of Time to File Answer. Services Group of America Inc's answer due 4/1/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 3/2/2022) (ygl)
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Filing 12
NOTICE of Attorney Appearance by Robert Kent Love on behalf of Services Group of America Inc. (Filer confirms contact info in ECF is current.) (Love, Robert)
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Filing 11
NOTICE of Attorney Appearance by Bina B Palnitkar on behalf of Services Group of America Inc. (Filer confirms contact info in ECF is current.) (Palnitkar, Bina)
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Filing 10
NOTICE of No Opposition to Def. SGA_s MET to Answer or Otherwise Respond to Pltfs' Original Petition re: #8 Motion for Extension of Time to File Answer filed by Services Group of America Inc (Casas, Gregory)
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Filing 9
ORDER granting #4 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint US Foods Inc, answer due 4/1/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 3/1/2022) (mjr)
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Filing 8
Motion for Extension of Time to File Answer filed by Services Group of America Inc (Attachments: #1 Proposed Order granting SGA's MET to Answer or Otherwise Respond to Pltfs' Original Petition) (Casas, Gregory)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12634845) filed by US Foods Inc (Attachments: #1 Proposed Order)Attorney John S Letchinger added to party US Foods Inc(pty:dft) (Letchinger, John)
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Filing 6
ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside or maintain the attorney's principal office in this district. Accordingly, within seven (7) days of the date of this Order, Defendant Services Group of America, Inc. shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a) or, pursuant to Local Rule 83.10(a), a motion for leave to proceed without local counsel. (Ordered by Chief Judge Barbara M. G. Lynn on 3/1/2022) (ndt)
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 3/29/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 3/1/2022) (ndt)
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Filing 4
Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by US Foods Inc (Attachments: #1 Proposed Order) (Baggett, Tamara)
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Filing 3
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mla)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by US Foods Inc identifying Corporate Parent/Other Affiliate US Foods Holding Corp. for US Foods Inc. (Baggett, Tamara)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by US Foods Inc. (Filing fee $402; receipt number 0539-12621713) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s)) (Baggett, Tamara)
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