DGG Group, LLC v. Lockhart Fine Foods, LLC
| DGG Group. LLC and DGG Group, LLC |
| Lockhart Fine Foods, LLC, Sinbad Foods, LLC and Fifth Third Bank, National Association |
| 1:2020cv00330 |
| March 26, 2020 |
| US District Court for the Western District of Texas |
| Austin Office |
| Robert Pitman |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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Filing 68
ORDER CLOSING CASE. Signed by Judge Robert Pitman. (cc3)
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Filing 67
Agreed MOTION to Dismiss with Prejudice by DGG Group, LLC. (Attachments: #1 Proposed Order)(Pugh, Nicholas)
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Filing 66
ORDER Cancelling Status Conference scheduled for 11/23/21.. Signed by Judge Robert Pitman. (jg3)
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Filing 65
ORDER SETTING STATUS CONFERENCE for 11/23/2021 at 10:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3)
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Filing 64
Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 11/17/2021 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(cc3)
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Filing 63
ORDER SETTING TELEPHONE CONFERENCE for 11/17/2021 at 02:00 PM before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3)
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Filing 62
ANSWER to Complaint with Jury Demand , COUNTERCLAIM against DGG Group, LLC by Lockhart Fine Foods, LLC.(Chiarello, Katherine)
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Filing 61
ANSWER to #35 Amended Complaint by Sinbad Foods, LLC.(Chiarello, Katherine)
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Filing 60
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #43 Motion to Dismiss/Lack of Jurisdiction filed by Fifth Third Bank, National Association, #58 Report and Recommendations, #49 Motion to Dismiss/Lack of Jurisdiction filed by Sinbad Foods, LLC. Signed by Judge Robert Pitman. (cc3)
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Filing 59
DESIGNATION OF EXPERT WITNESSES by DGG Group, LLC. (Pugh, Nicholas)
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Filing 58
REPORT AND RECOMMENDATIONS re #43 Motion to Dismiss/Lack of Jurisdiction filed by Fifth Third Bank, National Association, #49 Motion to Dismiss/Lack of Jurisdiction filed by Sinbad Foods, LLC. Signed by Judge Susan Hightower. (cc3)
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Motions No Longer Referred: #49 MOTION to Dismiss for Lack of Jurisdiction , #43 MOTION to Dismiss for Lack of Jurisdiction (cc3)
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Filing 57
NON-CONSENT to Trial by US Magistrate Judge by Fifth Third Bank, National Association. (Myers, Elizabeth)
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Filing 56
CONSENT to Trial by US Magistrate Judge by DGG Group, LLC. (Pugh, Nicholas)
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Filing 55
NON-CONSENT to Trial by US Magistrate Judge by Lockhart Fine Foods, LLC, Sinbad Foods, LLC. (Chiarello, Katherine)
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MOTIONS REFERRED: referred #43 MOTION to Dismiss for Lack of Jurisdiction and #49 MOTION to Dismiss for Lack of Jurisdiction . Referral Judge: Susan Hightower. (lt)
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Text Order REFERRING #49 Motion to Dismiss for Lack of Jurisdiction entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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Text Order REFERRING #43 Motion to Dismiss for Lack of Jurisdiction entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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Filing 54
ADR Report Filed - Amended Joint by DGG Group, LLC(Pugh, Nicholas)
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Filing 53
ADR Report Filed - by DGG Group, LLC(Pugh, Nicholas)
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Filing 52
REPLY to Response to Motion, filed by Sinbad Foods, LLC, re #49 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Sinbad Foods, LLC (Chiarello, Katherine)
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Filing 51
RESPONSE to Motion, filed by DGG Group, LLC, re #49 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Sinbad Foods, LLC (Pugh, Nicholas)
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Filing 50
REPLY to Response to Motion, filed by Fifth Third Bank, National Association, re #43 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Fifth Third Bank, National Association (Attachments: #1 Exhibit Exhibit A)(Myers, Elizabeth)
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Filing 49
MOTION to Dismiss for Lack of Jurisdiction by Sinbad Foods, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Chiarello, Katherine)
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Filing 48
RESPONSE to Motion, filed by DGG Group, LLC, re #43 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Fifth Third Bank, National Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pugh, Nicholas)
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Filing 47
SCHEDULING ORDER: ADR Report Deadline due by 11/7/2020, Consent to Trial by Magistrate due by 12/7/2020, Motions to Amend Pleadings/Join Parties due by 5/7/2021, Discovery due by 7/7/2021, Dispositive Motions due by 8/6/2021, Jury Trial set for 12/6/2021 at 09:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (lt)
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Filing 46
ORDER GRANTING #44 Motion for Elizabeth G. Myers to Appear Pro Hac Vice on behalf of Defendant Fifth Third Bank. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (lt)
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Filing 45
Proposed Scheduling Order Agreed by DGG Group, LLC. (Pugh, Nicholas) Modified on 7/24/2020 (lt).
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Filing 44
MOTION to Appear Pro Hac Vice by Elizabeth G. Myers ( Filing fee $ 100 receipt number 0542-13789624) by on behalf of Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(Myers, Elizabeth)
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Filing 43
MOTION to Dismiss for Lack of Jurisdiction by Fifth Third Bank, National Association. (Attachments: #1 Exhibit Exhibit A - Stapel Declaration, #2 Exhibit Exhibit B - Sinbad Foods)(Atkins, John)
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Filing 42
Order that the parties shall confer and file Agreed Scheduling Recommendations/Proposed Scheduling Order on Judge Pitman's form by 7/24/2020. Signed by Judge Robert Pitman. (lt)
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Filing 41
WAIVER OF SERVICE Returned Executed by DGG Group, LLC as to Fifth Third Bank, National Association. Waiver sent on 5/19/2020, answer due 7/20/2020. (Pugh, Nicholas)
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Filing 40
Second Amended Emergency Order in Light of the COVID-19 Pandemic
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Filing 39
Summons Issued as to Fifth Third Bank, National Association. (lt)
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Filing 38
REQUEST FOR ISSUANCE OF SUMMONS by DGG Group, LLC. (Pugh, Nicholas)
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Filing 37
WAIVER OF SERVICE Returned Executed by DGG Group, LLC as to Sinbad Foods, LLC. Waiver sent on 5/19/2020, answer due 7/20/2020. (Pugh, Nicholas)
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Filing 36
ANSWER to #35 Second Amended Complaint with Jury Demand , COUNTERCLAIM against DGG Group, LLC by Lockhart Fine Foods, LLC.(Chiarello, Katherine) Modified on 5/27/2020 (lt).
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Filing 35
SECOND AMENDED COMPLAINT against Lockhart Fine Foods, LLC, Sinbad Foods, LLC, Fifth Third Bank, National Association, filed by DGG Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(lt)
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Filing 34
ORDER GRANTING Plaintiff's #26 Motion for Leave to File Plaintiff's Second Amended Complaint. Signed by Judge Susan Hightower. (lt)
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Motions No Longer Referred: #26 MOTION for Leave to File Plaintiff's Second Amended Complaint (lt)
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Filing 33
ANSWER to #25 Answer to Amended Complaint, Counterclaim by DGG Group, LLC.(Pugh, Nicholas)
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Filing 32
REPLY In Support of #26 MOTION for Leave to File Plaintiff' s Second Amended Complaint, by DGG Group, LLC. (Pugh, Nicholas) Modified on 5/8/2020 to correct docket text and docket entry relationship. (lt)
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Filing 31
ORDER DISMISSING as MOOT Defendant's #27 Motion for Protective Order and to Quash Third-Party Subpoena. Signed by Judge Susan Hightower. (lt)
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Filing 30
Response in Opposition to Motion, filed by Lockhart Fine Foods, LLC, re #26 MOTION for Leave to File Plaintiff's Second Amended Complaint filed by Plaintiff DGG Group, LLC (Attachments: #1 Proposed Order)(Chiarello, Katherine)
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Filing 29
NOTICE of Withdrawal of Subpoena by DGG Group, LLC (Pugh, Nicholas)
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Filing 28
RESPONSE to Motion, filed by DGG Group, LLC, re #27 MOTION for Protective Order MOTION to Quash Third-Party Subpoena filed by Lockhart Fine Foods, LLC (Pugh, Nicholas)
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Text Order REFERRING #27 Motion for Protective Order; REFERRING #27 Motion to Quash entered by Judge Robert Pitman. IT IS ORDERED that Defendants Motion for Protective Order and to Quash Third-Party Subpoena, (Dkt. 27), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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Text Order REFERRING #26 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for Leave to File Second Amended Complaint, (Dkt. 26), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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MOTIONS REFERRED: referred #26 MOTION for Leave to File Plaintiff's Second Amended Complaint and #27 MOTION for Protective Order MOTION to Quash Third-Party Subpoena. Referral Judge: Susan Hightower. (lt)
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Filing 27
MOTION for Protective Order , MOTION to Quash Third-Party Subpoena by Lockhart Fine Foods, LLC. (Attachments: #1 Proposed Order)(Chiarello, Katherine)
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Filing 26
MOTION for Leave to File Plaintiff's Second Amended Complaint by DGG Group, LLC. (Attachments: #1 Exhibit A to Motion for Leave, #2 Exhibit A to Plaintiff's Second Amended Complaint, #3 Exhibit B to Plaintiff's Second Amended Complaint, #4 Exhibit C to Plaintiff's Second Amended Complaint, #5 Exhibit D to Plaintiff's Second Amended Complaint, #6 Exhibit E to Plaintiff's Second Amended Complaint, #7 Proposed Order)(Pugh, Nicholas)
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Filing 25
ANSWER to #13 Amended Complaint with Jury Demand , COUNTERCLAIM against DGG Group, LLC by Lockhart Fine Foods, LLC.(Chiarello, Katherine)
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Filing 24
Amended Emergency Order in Light of the COVID-19 Pandemic
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Filing 23
ORDER DENYING DGG Group's #6 Motion for preliminary injunction. Signed by Judge Robert Pitman. (lt)
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Filing 22
Minute Entry for proceedings held before Judge Robert Pitman: Telephone Hearing held on 4/13/2020 re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by DGG Group, LLC (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Pamela Andasola.)(lt)
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Filing 21
WITNESS/EXHIBIT LIST by Lockhart Fine Foods, LLC. (Saba, John)
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Filing 20
Plaintiff's Witness List for Hearing on #6 MOTION for Temporary Restraining Order and Preliminary Injunction "Pre-hearing documents" by DGG Group, LLC. (Pugh, Nicholas) Modified on 4/13/2020 (lt).
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Filing 19
Plaintiff's Objections to Defendant's Exhibits re #6 MOTION for Temporary Restraining Order and Preliminary Injunction "Pre-hearing documents" by DGG Group, LLC. (Pugh, Nicholas) Modified on 4/13/2020 (lt).
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Filing 18
Plaintiff's List of Exhibits for Hearing on #6 MOTION for Temporary Restraining Order and Preliminary Injunction "Pre-hearing documents" by DGG Group, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Pugh, Nicholas) Modified on 4/13/2020 (lt).
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Filing 17
Supplement to Response in Opposition to Motion, filed by Lockhart Fine Foods, LLC, re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff DGG Group, LLC Supplement to Response in Opposition (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Saba, John) Modified on 4/13/2020 (lt).
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Filing 16
ORDER that the parties file required pre-hearing documents, if any, on or before 4/13/20 at 9:00 a.m.. Signed by Judge Robert Pitman. (jg3)
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Filing 15
ORDER GRANTING #11 Motion for Kevin John Slater to Appear Pro Hac Vice on behalf of DGG Group, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (lt)
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Filing 14
REPLY to Defendant's Opposition to Plaintiff's #6 Application for Temporary Restraining Order and Preliminary Injunction, by DGG Group, LLC. (Pugh, Nicholas) Modified on 4/9/2020 to correct docket text and create docket entry relationship (lt).
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Filing 13
Plaintiff's FIRST AMENDED COMPLAINT against Lockhart Fine Foods, LLC, filed by DGG Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(lt)
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Text Order GRANTING #12 Unopposed Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file Plaintiffs amended complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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Filing 12
Agreed MOTION for Leave to File Plaintiff's First Amended Complaint by DGG Group, LLC. (Attachments: #1 Proposed Order)(Pugh, Nicholas)
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Filing 11
MOTION to Appear Pro Hac Vice by Nicholas Adam Pugh for Kevin John Slater ( Filing fee $ 100 receipt number 0542-13437648) on behalf of DGG Group, LLC. (Attachments: #1 Proposed Order)(Pugh, Nicholas) (Main Document 11 replaced on 4/8/2020 to flatten form). Modified on 4/8/2020 (lt).
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Filing 10
Response in Opposition to Motion, filed by Lockhart Fine Foods, LLC, re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff DGG Group, LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Saba, John)
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Filing 9
NOTICE of Attorney Appearance by John D. Saba, Jr on behalf of Lockhart Fine Foods, LLC. Attorney John D. Saba, Jr added to party Lockhart Fine Foods, LLC(pty:dft) (Saba, John)
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Text Order GRANTING #5 Opposed Motion for Extension of Time to Answer entered by Judge Robert Pitman. Because Plaintiff did not file a response and because Defendant requested additional time due to the circumstances created by the COVID-19 pandemic, IT IS ORDERED that Defendant shall answer or otherwise respond to the complaint on or before April 23, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)
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Set/Reset Deadlines: Lockhart Fine Foods, LLC answer due 4/23/2020. (lt)
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Filing 8
Emergency Order in Light of the COVID-19 Panedemic Signed by Judge Robert Pitman. (jg3)
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Filing 7
ORDER SETTING Telephonic Preliminary Injunction Hearing and Expedited Briefing Schedule re #6 Motion for Temporary Restraining Order and Preliminary Injunction. Hearing set for 4/13/2020 at 1:00PM before Judge Robert Pitman.. Signed by Judge Robert Pitman. (jg3)
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Filing 6
MOTION for Temporary Restraining Order and Preliminary Injunction by DGG Group, LLC. (Attachments: #1 Proposed Order)(Pugh, Nicholas)
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Filing 5
Opposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Lockhart Fine Foods, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Chiarello, Katherine)
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Filing 4
ORDER that the removing party supplement the record with state court pleadings, if it has not already done so. Signed by Judge Robert Pitman. (cj)
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Filing 3
Order Directing Kevin John Slater to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (cj)
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Case assigned to Judge Robert Pitman. 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)
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj)
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Filing 2
JS44 (Civil Cover Sheet) submitted by Lockhart Fine Foods, LLC. (Chiarello, Katherine)
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Filing 1
NOTICE OF REMOVAL by LOCKHART FINE FOODS, LLC (Filing fee $400 receipt number 0542-13391839), filed by LOCKHART FINE FOODS, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Chiarello, Katherine)
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