C&S Outdoor Power Equipment, Inc. v. ODES Industries LLC
Plaintiff: C&S Outdoor Power Equipment, Inc.
Defendant: ODES Industries LLC
Case Number: 4:2019cv00697
Filed: September 4, 2019
Court: US District Court for the Northern District of Texas
Office: Fort Worth Office
Presiding Judge: John McBryde
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2020 Opinion or Order Filing 26 Continuation of Partial Suspension of Standing Order of 1/15/19 - The directive in paragraph 1 requiring that no document be filed by electronic means, and the directive in paragraph 2 requiring that paper copies of electronically filed documents be delivered to the clerk for filing, are suspended until 6/8/2020. (Ordered by Senior Judge John McBryde on 4/30/2020) (Order has been served on registered users of the ECF system)(lrl)
March 19, 2020 Opinion or Order Filing 25 Partial Suspension of Standing Order of 1/15/19 - The directive in paragraph 1 requiring that no document be filed by electronic means, and the directive in paragraph 2 requiring that paper copies of electronically filed documents be delivered to the clerk for filing, are suspended until 5/1/2020. (Ordered by Senior Judge John McBryde on 3/19/2020) (Order has been served on registered users of the ECF system)(lrl)
October 18, 2019 Civil Case Terminated Per Order #24 (wxc)
October 18, 2019 Opinion or Order Filing 24 ORDER... The court ORDERS that the above-captioned action be, by way of the automatic reference, transferred to the bankruptcy court of the Fort Worth Division of this district for consideration and resolution consistent with law. (Ordered by Senior Judge John McBryde on 10/18/2019) (wxc) (Copy to Bankruptcy)
October 17, 2019 Filing 23 NOTICE of Suggestion of Bankruptcy filed by ODES Industries LLC (Liepins, Eric)
October 3, 2019 Opinion or Order Filing 22 JOINT STATUS REPORT ORDER... Counsel are directed to confer for the purpose of submitting a Joint Status Report in this case. This conference shall be deemed to be a conference of the type contemplated by Rule 26(f) of the Federal Rules of Civil Procedure. The Joint Status Report shall be filed by 4:00p.m. on November 4, 2019. (Ordered by Senior Judge John McBryde on 10/3/2019) (wxc)
September 4, 2019 Opinion or Order Filing 21 Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 9/4/2019) (wxc)
September 4, 2019 Filing 20 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc)
September 4, 2019 Filing 19 Case electronically transferred in from District of Tennessee Western; Case Number 1:19-cv-01029. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
September 4, 2019 Opinion or Order Filing 18 ORDER DENYING DEFENDANT'S #12 MOTION TO DISMISS AND GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE AND TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION. Signed by Chief Judge S. Thomas Anderson on 9/4/19. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
May 9, 2019 Filing 17 REPLY to Response to Motion re #16 Response in Opposition to Motion, filed by ODES Industries LLC. (Talbot, Henry) [Transferred from Tennessee Western on 9/4/2019.]
April 25, 2019 Filing 16 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or Alternatively, to Transfer Venue with Memorandum of Law in Support filed by C&S Outdoor Power Equipment, Inc.. (Attachments: #1 Exhibit Declaration of Kelly Colvett, #2 Exhibit 2017 Franchise Agreement)(Stout, Brandon) [Transferred from Tennessee Western on 9/4/2019.]
April 17, 2019 Opinion or Order Filing 15 ORDER GRANTING PLAINTIFF'S #14 MOTION FOR ADDITIONAL TIME TO RESPOND. Signed by Chief Judge S. Thomas Anderson on 4/17/19. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
April 17, 2019 Filing 14 MOTION for Extension of Time to File Response/Reply proposed order submitted by C&S Outdoor Power Equipment, Inc.. (Stout, Brandon) [Transferred from Tennessee Western on 9/4/2019.]
March 21, 2019 Filing 13 Corporate Disclosure Statement by ODES Industries LLC. (Talbot, Henry) [Transferred from Tennessee Western on 9/4/2019.]
March 21, 2019 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or Alternatively, to Transfer Venue with Memorandum of Law in Support by ODES Industries LLC. (Attachments: #1 Exhibit A - Declaration of Mike Smith, #2 Exhibit A-1 - Franchise Agreement)(Talbot, Henry) [Transferred from Tennessee Western on 9/4/2019.]
March 13, 2019 Filing 11 Pursuant to Admin. Order 2019-09 Magistrate Judge Jon A. York added to case. Magistrate Judge Edward G. Bryant no longer assigned. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
March 12, 2019 Opinion or Order Filing 10 ORDER GRANTING EXTENSION OF TIME TO FILE RESPONSIVE PLEADING. Signed by Chief Judge S. Thomas Anderson on 3/12/19. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
March 12, 2019 Filing 9 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #8 MOTION for Extension of Time to File Answer re #1 Complaint, proposed order submitted filed by ODES Industries LLC has been filed. However, the following deficiency has been found: There is a statement in the docket text of your filing indicating that a Proposed Order was submitted however to date the Court has not received a Proposed Order for your Motion. Proposed Orders MUST be e-mailed to the appropriate Judges ECF e-mail address in a Word Processing Format- NOT PDF FORMAT (e-mail addresses can be located on our website under Judges Websites and Profiles, Chambers E-mail Addresses). Please e-mail the Proposed Order for your Motion to the appropriate Judge at this time. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (cdi) [Transferred from Tennessee Western on 9/4/2019.]
March 11, 2019 Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, proposed order submitted by ODES Industries LLC. (Talbot, Henry) [Transferred from Tennessee Western on 9/4/2019.]
March 11, 2019 Filing 7 NOTICE of Appearance by Henry Blake Talbot on behalf of ODES Industries LLC (Talbot, Henry) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (mbm) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (mbm) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mbm) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 3 Summons Issued as to ODES Industries LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 2 Chief Judge S. Thomas Anderson and Magistrate Judge Edward G. Bryant added. (mbm) [Transferred from Tennessee Western on 9/4/2019.]
February 14, 2019 Filing 1 COMPLAINT against ODES Industries LLC (Filing fee $ 400 receipt number ATNWDC-2991195), filed by C&S Outdoor Power Equipment, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Corporate Disclosure Statement)(Stout, Brandon) [Transferred from Tennessee Western on 9/4/2019.]

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Plaintiff: C&S Outdoor Power Equipment, Inc.
Represented By: Brandon James Stout
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Defendant: ODES Industries LLC
Represented By: Henry Blake Talbot
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