National Intergovernmental Purchasing Alliance Company et al v. Anderson
National Intergovernmental Purchasing Alliance Company and Omina Partners, LLC |
Derek Anderson |
4:2020cv03589 |
October 20, 2020 |
US District Court for the Southern District of Texas |
Houston Office |
Andrew S Hanen |
Contract: Other |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 9/11/2020; ORDER to enter. (Tape #not recorded.) (Hearing lasted :52)(jwc) |
Filing 27 JOINT PROPOSED CASE MANAGEMENT ORDER filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Rybacki, Timothy) Modified Text on 9/9/2020 (am). |
Filing 26 ORDER: A telephonic status conference was held on July 23, 2020. See Order at Docket No. 13. Counsel participating were: Timothy Rybacki for Plaintiffs and Russell Cawyer and Fred Bissinger for Defendant. This case remains set for an initial case management conference on September 11, 2020, at 9:30 a.m. per the instructions in the Court's order of July 10, 2020. (Docket No. 21.) The stay of discovery remains in effect, subject to any party moving to lift the stay or the parties agreeing to lift the stay, except that the parties shall exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), which must include copies (not descriptions) of responsive documents, by no later than August 20, 2020. Any discovery exchanged in this case, including initial disclosures, may be used in any other litigation between the parties based on these same set of operative facts. Signed by Magistrate Judge Barbara D. Holmes on 7/24/2020. (am) |
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 7/23/2020. (Tape #not recorded.) (Hearing lasted :22)(jwc) |
Filing 25 REPLY to Response to re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Derek Anderson. (Cawyer, Russell) |
Filing 24 REPLY to Response to re #8 MOTION to Dismiss for Failure to State a Claim filed by Derek Anderson. (Cawyer, Russell) |
Filing 23 ORDER granting #20 Motion for Extension of Time to File Response/Reply re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, #8 MOTION to Dismiss for Failure to State a Claim Replies due by 7/23/2020. Signed by District Judge William L. Campbell, Jr on 7/14/2020. (am) |
Filing 22 AMENDED CERTIFICATE OF SERVICE by Derek Anderson. Amendment to #20 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim, #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Amended Certificate of Service. (Cawyer, Russell) Modified Text on 7/14/2020 (am). |
NOTICE TO FILER re DE#20 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am) |
Filing 21 ORDER: This civil action was removed to this Court on June 12, 2020. By Notice issued by the Clerk on June 12, 2020 (Docket Entry No. 4), the initial case management conference has been scheduled for July 27, 2020 at 1:30 p.m. Due to a conflict in the Court's calendar, the conference needs to be rescheduled. It is hereby ORDERED that the initial case management conference is RESCHEDULED to 9:30 a.m., Friday, September 11, 2020. Given the current responses to the outbreak of the coronavirus known as COVID- 19, including the Court's Administrative Order No. 209 amended on July 8, 2020, the initial case management conference in this case will be held telephonically. Counsel should use the following dial-in information1 to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753 Access Code: 3808663# The stay of discovery remains in place absent any party moving for it to be lifted. Prior to the initial case management conference, counsel for the parties shall meet and confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, and shall, to the extent possible, exchange initial disclosures pursuant to Rule 26(a)(1). Signed by Magistrate Judge Barbara D. Holmes on 7/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
Filing 20 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim , #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Unopposed) by Derek Anderson. (Cawyer, Russell) |
Filing 19 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Attachments: #1 Exhibit 1 - Declaration of Allan McCombs, #2 Exhibit 2 - Declaration of Sydney ("Skip") Jones)(McKelvey, Elise) |
TN State Bar status verified as active for Elise Hofer McKelvey. (am) |
NOTICE TO FILER re DE#17 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (am) |
Filing 18 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (McKelvey, Elise) |
Filing 17 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Attachments: #1 Exhibit 1 - Declaration of Allan McCombs, #2 Exhibit 2 - Declaration of Sydney ("Skip") Jones)(McKelvey, Elise) |
Filing 16 NOTICE of Appearance by Elise Hofer McKelvey on behalf of National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC (McKelvey, Elise) |
Filing 15 ORDER granting #14 Motion for Extension of Time to File Responses to #6 , #8 MOTIONS to Dismiss. Extension to 7/6/2020. Signed by District Judge William L. Campbell, Jr on 6/24/2020. (vh) |
Filing 14 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim , #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Rybacki, Timothy) |
Filing 13 ORDER: Accordingly, the initial case management conference presently scheduled for July 27, 2020 is CANCELLED to be reset as appropriate following a telephonic status conference on July 23, 2020, at 11:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 6/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
Filing 12 ORDER granting #10 Motion for Russell D. Cawyer to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/16/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) |
Filing 11 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). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 6/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
Filing 10 MOTION for attorney Russell D. Cawyer to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3158500) by Derek Anderson. (Attachments: #1 Attachment Certificate of Good Standing)(Bissinger, Fredrick) |
Filing 9 BRIEF filed by Derek Anderson re #8 Motion to Dismiss for Failure to State a Claim. (Bissinger, Fredrick) |
Filing 8 MOTION to Dismiss for Failure to State a Claim by Derek Anderson. (Bissinger, Fredrick) |
Filing 7 BRIEF filed by Derek Anderson re #6 Motion to Dismiss/Lack of Jurisdiction. (Bissinger, Fredrick) |
Filing 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Derek Anderson. (Bissinger, Fredrick) |
Filing 5 NOTICE of Appearance by Fredrick J. Bissinger on behalf of Derek Anderson (Bissinger, Fredrick) |
TN State Bar status verified as active for Howard B. Jackson. (am) |
Filing 4 NOTICE of Initial Case Management Conference set for 7/27/2020 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) |
Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
Filing 1 NOTICE OF REMOVAL by Derek Anderson from Williamson County Chancery Court, case number 49428B. ( Filing fee $ 400 receipt number 0650-3157384) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit - State Court Filings, #3 Attachment - Declaration)(am) |
State Bar status verified as active for (TN) Fredrick J. Bissinger, (TX)Russell Cawyer, (TN) Timothy Allen Rybacki. (am) |
NOTICE TO COUNSEL Russell Cawyer: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 7/6/2020. (am) |
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