Willcock v. My Goodness Games, Inc.
| Loren Andrew Willcock |
| My Goodness Games, Inc. |
| 1:2018cv00712 |
| August 21, 2018 |
| US District Court for the Western District of Texas |
| Austin Office |
| Lee Yeakel |
| Contract: Franchise |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 47 NOTICE of Attorney Appearance by Scott W. Weatherford on behalf of Loren Andrew Willcock. Attorney Scott W. Weatherford added to party Loren Andrew Willcock(pty:condft), Attorney Scott W. Weatherford added to party Loren Andrew Willcock(pty:pla), Attorney Scott W. Weatherford added to party Loren Andrew Willcock(pty:concnc) (Weatherford, Scott) |
| Filing 46 Letter sent to James E. Carbine, Leza M. Di Bella, Amy D. Lorenzini, and Martin Joseph Murray III re: case transfer from the Southern District of Maryland to the Western District of Texas. (cj) |
Filing 45
ORDER that the removing party supplement the record with state court pleadings, if it has not already done so.Signed by Judge Lee Yeakel. (cj)
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| Filing 44 Letters mailed to James E. Carbine and Amy D. Lorenzini, for Loren Andrew Willcock, and Leza M. Di Bella, for My Goodness Games, Inc., re non-admitted status. (cj) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| Filing 43 Case electronically transferred in from District of Maryland; Case Number 8:16-cv-04020. |
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Filing 42
MEMORANDUM OPINION AND ORDER denying without prejudice to renewal #39 Motion to Dismiss; transfering case to USDC for the Western District of Texas; directing the Clerk to Close civil case Nos. PWG-16-4020 and PWG-17-293. Signed by Judge Paul W. Grimm on 8/20/2018. (heps, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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| Filing 41 REPLY to Response to Motion re #39 MOTION to Dismiss filed by My Goodness Games, Inc..(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
| Filing 40 RESPONSE in Opposition re #39 MOTION to Dismiss filed by Loren Andrew Willcock. (Attachments: #1 Text of Proposed Order)(Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 39 MOTION to Dismiss by My Goodness Games, Inc. (Attachments: #1 Exhibit AAA Order, #2 Text of Proposed Order)Associated Cases: 8:16-cv-04020-PWG, 8:17-cv-00293-PWG(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 38
PAPERLESS ORDER memorializing the telephone conference held on December 18, 2017. Defendant motion to lift the stay and to dismiss the case may be filed and briefed according to the following schedule: Defendant's Motion is due on or before January 5, 2018; Plaintiff's Opposition is due on or before January 15, 2018, and Defendant's Reply is due on or before January 19, 2018. The parties are encouraged to keep the Motion, Opposition, and Reply briefs to ten pages or less. Signed by Judge Paul W. Grimm on 12/19/2017. (Grimm, Paul) (jml) [Transferred from Maryland on 8/21/2018.]
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| Filing 37 Correspondence re: Dial-In Information for Telephone Status Conference Associated Cases: 8:16-cv-04020-PWG, 8:17-cv-00293-PWG(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 36
PAPERLESS ORDER SCHEDULING TELEPHONE STATUS CONFERENCE on Monday December 18, 2017 at 9:30AM AND DIRECTING Defendant's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 12/8/2017. (ats, Chambers) [Transferred from Maryland on 8/21/2018.]
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| Filing 35 Substantive legal issues - addressing (Attachments: #1 Appendix Draft Opposition, #2 Text of Proposed Order)(Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 34 Correspondence re: Request that Stay be Lifted and Action be Dismissed (Attachments: #1 Exhibit November 17 AAA Decision)Associated Cases: 8:16-cv-04020-PWG, 8:17-cv-00293-PWG(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 33
MEMORANDUM OPINION AND ORDER granting #27 MOTION to Compel Arbitration; denying #29 Plaintiff's Motion for Permanent Stay of Arbitration; Staying action pending ruling from the arbitrator; lifting #26 Consent Order Staying Arbitration. Signed by Judge Paul W. Grimm on 6/12/2017. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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| Filing 32 REPLY to Response to Motion re #29 MOTION to Stay Arbitration, #27 MOTION to Compel Arbitration and to Stay and to Modify the Preliminary Injunction and in Opposition to Cross Motion for Permanent Stay filed by My Goodness Games, Inc..(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 31
PAPERLESS ORDER GRANTING #30 Consent Motion for Extension of Time for Defendant to File Reply/Opposition. Defendant shall file its Reply/Opposition on or before March 31, 2017. Signed by Judge Paul W. Grimm on 3/22/2017 (Grimm, Paul) (jlb) [Transferred from Maryland on 8/21/2018.]
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| Filing 30 Consent MOTION for Extension of Time to File Response/Reply in Support of Motion to Compel and in Opposition to Motion for Permanent Stay by My Goodness Games, Inc. (Attachments: #1 Text of Proposed Order Proposed Order)(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
| Filing 29 MOTION to Stay Arbitration by Loren Andrew Willcock (Attachments: #1 Text of Proposed Order)(Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 28 RESPONSE in Opposition re #27 MOTION to Compel Arbitration and to Stay and to Modify the Preliminary Injunction filed by Loren Andrew Willcock.(Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 27 MOTION to Compel Arbitration and to Stay and to Modify the Preliminary Injunction by My Goodness Games, Inc. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order, #3 Joint Stipulated Facts, #4 Joint Exhibit List, #5 Exhibit Joint Ex. 1 - Franchise Agreement - Annapolis, #6 Exhibit Joint Ex. 2 - Franchise Agreement Tyson's Corner, #7 Exhibit Joint Ex. 3 - Franchise Agreement Rockville MD, #8 Exhibit Joint Ex. 4 - MD Information for Franchisors, #9 Exhibit Joint Ex. 5 - Maryland Complaint, #10 Exhibit Joint Ex. 6 - Demand for Arbitration, #11 Exhibit Joint Ex. 7 - Arbitration Statement of Claim, #12 Exhibit Joint Ex. 8 - Texas Complaint, #13 Exhibit Joint Ex. 9 - Texas Motion for TRO, #14 Exhibit Joint Ex. 10 - Texas 12-16 Order, #15 Exhibit Joint Ex. 11 - Answer and Counterclaim, #16 Exhibit Joint Ex. 12 - Respondent's Answering Statement, #17 Exhibit Joint Ex. 13 - Claimant's Reply Letter, #18 Exhibit Joint Ex. 14 - AAA Email)(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 26
CONSENT ORDER Staying Arbitration. Signed by Judge Paul W. Grimm on 2/14/2017. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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Filing 25
PAPERLESS ORDER GRANTING #23 the Parties' Consent Motion to Withdraw Defendant's Motion to Compel Arbitration and Modify the Preliminary Injunction or Alternatively to Transfer or Dismiss and to Stay Discovery originally filed in the U.S. District Court for the Western District of Texas #22 . Signed by Judge Paul W. Grimm on 2/7/2017. (Grimm, Paul)(jlb) [Transferred from Maryland on 8/21/2018.]
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| Filing 24 Substantive legal issues - addressing (Attachments: #1 Text of Proposed Order)Associated Cases: 8:16-cv-04020-PWG, 8:17-cv-00293-PWG(Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 23 Consent MOTION to Withdraw Without Prejudice Motion to Compel Arbitration and Modify the Preliminary Injunction or Alternatively to Transfer or Dismiss and to Stay Discovery by My Goodness Games, Inc. (Attachments: #1 Text of Proposed Order)(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
| Filing 22 MOTION to Compel Arbitration and Modify the Preliminary Injunction or Alternatively to Transfer or Dismiss and to Stay Discovery by My Goodness Games, Inc. (Attachments: #1 Affidavit of Leza Di Bella, #2 Exhibit 1 to Di Bella Aff., #3 Exhibit 2 to Di Bella Aff., #4 Exhibit 3 to Di Bella Aff., #5 Exhibit 4 to Di Bella Aff., #6 Exhibit 5 to Di Bella Aff., #7 Exhibit 6 to Di Bella Aff., #8 Exhibit 7 to Di Bella Aff., #9 Exhibit 8 to Di Bella Aff., #10 Exhibit 9 to Di Bella Aff., #11 Text of Proposed Order)(aos, Deputy Clerk) Modified on 6/12/2017 (aos, Deputy Clerk). [Transferred from Maryland on 8/21/2018.] |
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Filing 21
ORDER directing that this case is consolidated with PWG 17-cv-293; directing clerk to docket the pending motion (31)MOTION to Compel Arbitration and Modify the Preliminary Injunction or Alternatively to Transfer or Dismiss and to Stay Discovery in PWG 17-293 in PWG 16-cv-4020; directing clerk to administratively close PWG 17-cv-293. Signed by Judge Paul W. Grimm on 2/3/2017. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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| Filing 20 Status Conference held on 2/3/2017 before Judge Paul W. Grimm. (ats, Chambers) [Transferred from Maryland on 8/21/2018.] |
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Filing 19
PAPERLESS ORDER memorializing telephone conference call held on February 3, 2017. By a separate order, this case will be consolidated with PWG 17-293, which was recently transferred to this Court from the U.S. District Court for the Western District of Texas and addresses the same substantive issues raised in this case. The Defendant has agreed to stay the arbitration pending in Texas and will file a consent agreement to stay the arbitration. Accordingly, there is no need for the Plaintiff to file a Temporary Restraining Order or a Preliminary Injunction to stay the arbitration, as requested in the pre-motion conference letter #16 . Defendant will also file a motion to withdraw motions filed in the U.S. District Court for the Western District of Texas case without prejudice. The briefing for Defendant's Motion to Compel Arbitration will proceed as scheduled, and Plaintiff's request to amend the complaint will be revisited if necessary after I rule on the Motion to Compel Arbitration. Signed by Judge Paul W. Grimm on 2/3/2017. (Grimm, Paul) (jlb) [Transferred from Maryland on 8/21/2018.]
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| Filing 18 Correspondence re: Conference Call Instructions (Carbine, James) [Transferred from Maryland on 8/21/2018.] |
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Filing 17
PAPERLESS ORDER SCHEDULING A PRE-MOTION TELEPHONE CONFERENCE on February 3, 2017 at 2:00p.m. AND DIRECTING Plaintiff's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 1/24/2017. (ats, Chambers) [Transferred from Maryland on 8/21/2018.]
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| Filing 16 Substantive legal issues - addressing (Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 15 Status Conference held on 1/11/2017 before Judge Paul W. Grimm. (ats, Chambers) Modified on 1/31/2017 (klss, Deputy Clerk). [Transferred from Maryland on 8/21/2018.] |
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Filing 14
PAPERLESS ORDER memorializing telephone conference held on January 10, 2017. Defendant will send Plaintiff a proposed set of joint exhibits and stipulated facts to support its Motion to Compel Arbitration on or before January 20, 2017. Defendant will file its Motion along with the agreed joint exhibits and stipulations of fact and a Memorandum in Support of no more than 25 pages on or before February 17, 2017. Plaintiff will file an Opposition of no more than 25 pages on or before March 10, 2017. Defendant will file a Reply of no more than 15 pages on or before March 24, 2017. Signed by Judge Paul W. Grimm on 1/10/2017. (Grimm, Paul) (jlb) [Transferred from Maryland on 8/21/2018.]
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| Filing 13 NOTICE of Appearance by James E Carbine on behalf of Loren Andrew Willcock (Carbine, James) [Transferred from Maryland on 8/21/2018.] |
| Filing 12 AFFIDAVIT re #5 Standing Order Concerning Removal by My Goodness Games, Inc.(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
| Filing 11 PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice on behalf of Martin Murray. Directing attorney Martin Murray to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 12/29/2016. (srd, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
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Filing 10
PAPERLESS ORDER SCHEDULING PRE-MOTION TELEPHONE CONFERENCE on January 10, 2017 at 5:30pm AND DIRECTING Defendant's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 12/28/2016. (Grimm, Paul) [Transferred from Maryland on 8/21/2018.]
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| Filing 9 MOTION to Appear Pro Hac Vice for Martin J. Murray (Filing fee $100, receipt number 0416-6416530.) by My Goodness Games, Inc.(Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
| Filing 8 NOTICE by My Goodness Games, Inc. Letter seeking leave to file motion to compel and stay (Di Bella, Leza) [Transferred from Maryland on 8/21/2018.] |
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Filing 7
LETTER ORDER Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 12/22/2016. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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| Filing 6 Removal Notification Letter sent to Laurence Cumberland (c/m 12/21/2016 aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
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Filing 5
Standing Order Concerning Removal. Signed by Judge Paul W. Grimm on 12/21/2016. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.]
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| Filing 4 Local Rule 103.3 Disclosure Statement by My Goodness Games, Inc. identifying Other Affiliate My Goodness! Games, Inc., Other Affiliate Games2U, Other Affiliate Games2U Entertainment, Other Affiliate Games 2 U, Inc., Other Affiliate Games 2 U Franchising, LLC, Other Affiliate Games 2 U, LLC for My Goodness Games, Inc.(aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
| Filing 3 Summons Issued 30 days as to My Goodness Games, Inc.(aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
| Filing 2 COMPLAINT against My Goodness Games, Inc., filed by Loren Andrew Willcock. (Attachments: #1 Exhibit A, #2 Errata B, #3 Exhibit C, #4 case information sheet)(aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court for Calvert County, case number 04-C-16-001189 OC. ( Filing fee $ 400 receipt number 84637028981), filed by My Goodness Games, Inc. (Attachments: #1 Civil Cover Sheet)(aos, Deputy Clerk) (Additional attachment(s) added on 12/21/2016: #2 Notice of Removal CORRECTED MAID DOCUMENT, #3 Civil Cover Sheet CORRECTED) (aos, Deputy Clerk). (Additional attachment(s) added on 12/21/2016: #4 Exhibit 1, #5 Exhibit 2) (aos, Deputy Clerk). Modified on 8/6/2018 (heps, Deputy Clerk). [Transferred from Maryland on 8/21/2018.] |
| THE ABOVE DOCUMENTS (2-3) ARE COPIES OF ORIGINAL PAPERS FILED IN THE CIRCUIT COURT FOR CALVERT COUNTY MARYLAND. (aos, Deputy Clerk) [Transferred from Maryland on 8/21/2018.] |
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