The Wellness Way LLC v. Syberry Corporation
| The Wellness Way LLC |
| Syberry Corporation |
| 1:2024cv00935 |
| August 15, 2024 |
| US District Court for the Western District of Texas |
| Austin Office |
| Docket - Austin |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 8, 2024. A more recent docket listing may be available from PACER.
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Filing 47
Order for Parties to submit a Joint Proposed Scheduling Order using District Judge Robert Pitman's form by 10/22/2024. Signed by Judge Susan Hightower. (cnr)
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Filing 46
ORDER Striking Jamie L. Filipovic as counsel of record for Syberry Corporation in this case. Signed by Judge Robert Pitman. (dm)
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Filing 45
ORDER Striking Amanda J. Walsh as counsel of record for Syberry Corporation in this case. Signed by Judge Robert Pitman. (dm)
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Filing 44
ORDER GRANTING #43 Motion to Appear Pro Hac Vice as to David H. Weber. 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. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm)
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Filing 43
MOTION to Appear Pro Hac Vice by David H Weber on behalf of The Wellness Way LLC. (Fee Due). (dm)
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Filing 42
SUPPLEMENT to #41 Notice of Filing Civil Cover Sheet - JS-44 by Syberry Corporation. (Raney, Christopher)
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Filing 41
NOTICE of Filing Civil Cover Sheet by Syberry Corporation (Raney, Christopher)
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Filing 40
NOTICE Designation of Attorney-In-Charge by Syberry Corporation (Raney, Christopher)
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Filing 39
NOTICE of Attorney Appearance by Christopher M. Raney on behalf of Syberry Corporation. Attorney Christopher M. Raney added to party Syberry Corporation(pty:dft) (Raney, Christopher)
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Notice of Correction: re #41 Notice of Filing, Civil Cover Sheet. *PLEASE NOTE: The Court needs the Supplemental Cover Sheet (Form JS 44) in addition to the civil cover sheet filed. (dm)
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Filing 38
Case Transfer Letter to all counsel of record via U.S. Mail. (kp)
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Filing 37
ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (kp)
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Filing 36
Order Directing Jamie L Filipovic to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (kp)
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Filing 35
Order Directing Amanda J Walsh to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (kp)
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Filing 34
Order Directing David H Weber to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (kp)
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Filing 33
DEFICIENCY NOTICE: re #1 Notice of Removal, the Notice of Removal you filed is deficient because the Supplement to the Civil Cover Sheet is not attached. This form can be located on our website. Please prepare and electronically submit the supplement using Civil Events - Other Filings - Other Documents - Supplement. This form is required for any Notice of Removal filed in the Western District of Texas. (kp)
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Filing 32
Case electronically transferred in from the Eastern District of Wisconsin-Green Bay Division; Case Number 1:24-cv-00497.
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Case assigned to Judge Docket II - Austin. 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. (kp)
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DEMAND for Trial by Jury by The Wellness Way LLC. (kp)
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (kp)
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Filing 31
DECISION AND ORDER signed by Judge William C Griesbach on 8/15/2024 GRANTING #8 Motion to Transfer Case to the United States District Court for the Western District of Texas. Syberry's motion to dismiss the amended complaint (Dkt. No. 22) will be decided by the transferee court. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 30
REPLY BRIEF in Support filed by Syberry Corporation re #22 MOTION to Dismiss Plaintiff's Amended Complaint . (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 29
TEXT ONLY ORDER GRANTING #26 Motion to Seal Document Attachment to #28 Declaration, signed by Judge William C Griesbach on 07/16/2024. (cc: all counsel)(Griesbach, William) Modified sealing text on 7/17/2024 (lh). [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 28
DECLARATION of Brandon Flynn (Attachments: #1 Exhibit A, Ownership Chart)This document and/or certain attachments are SEALED and only viewable by permission of the court(Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 27
DECLARATION of Brandon Flynn (Attachments: #1 Exhibit A - Redacted Ownership Chart)(Weber, David) Modified on 7/15/2024 (mac). [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 26
MOTION to Seal Document by The Wellness Way LLC. (Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 25
BRIEF in Opposition filed by The Wellness Way LLC re #22 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: #1 Exhibit A, 9/11/20 and 9/16/2020 Procopovich email, #2 Exhibit B, 12/17/20 Procopovich email, #3 Exhibit C, 12/23/20 Procopovich email)(Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 24
ORDER DIRECTING PLAINTIFF TO SUPPLEMENT THE RECORD by filing, within the next ten days, a declaration or affidavit setting forth the states of citizenship of each member of the LLC he represents. signed by Judge William C Griesbach on 07/02/2024. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 23
BRIEF in Support filed by Syberry Corporation re #22 MOTION to Dismiss Plaintiff's Amended Complaint . (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 22
MOTION to Dismiss Plaintiff's Amended Complaint by Syberry Corporation. (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 21
REPLY BRIEF in Support filed by Syberry Corporation re #8 MOTION to Transfer Case to Western District of Texas . (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 20
Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/3/2024. The court DENIES #18 MOTION to Stay All Discovery While Its Motion To Transfer is Pending filed by Syberry Corporation and GRANTS the oral motions for extensions. The defendant to file their reply to the #8 Motion to Transfer Venue and to respond to the #16 Amended Complaint, within 14 days. The defendant to respond to the interrogatories discovery within 28 days. (Tape #Zoom 060324) (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of RESCHEDULED Hearing: The Telephone Conference re: #18 Motion to stay discovery is RESCHEDULED for 6/3/2024 at 09:40 AM in by Telephone before Judge William C Griesbach. The parties shall call the court Zoom conference line at 669-254-5252, use Meeting ID: 161 5758 9308, press # to bypass Participant ID,and enter Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. If you have any questions, please contact the Clerks Office at 920-884-3720. (cc: all counsel) (lh) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of Cancellation of Hearing (cc: all counsel). The Telephone Conference scheduled for TODAY, 5/31/24 is CANCELLED. The Clerk will reschedule the hearing. (lh) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 19
BRIEF in Opposition filed by The Wellness Way LLC re #18 MOTION to Stay All Discovery While Its Motion To Transfer is Pending . (Attachments: #1 Exhibit A, Draft Rule 26(f) Report)(Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of Hearing: Telephone Conference set for 5/31/2024 at 01:30 PM by Telephone before Judge William C Griesbach. The parties shall call the court Zoom conference line at 669-254-5252, use Meeting ID: 161 5758 9308, press # to bypass Participant ID,and enter Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. If you have any questions, please contact the Clerks Office at 920-884-3720. (cc: all counsel) (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 18
MOTION to Stay All Discovery While Its Motion To Transfer is Pending by Syberry Corporation. (Attachments: #1 Ex 1 - Pltfs written discovery to Def)(Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of Electronic Filing Error re #17 Brief in Opposition to Motion filed by The Wellness Way LLC and #16 Amended Complaint filed by The Wellness Way LLC; Electronically filed documents should not be scanned whenever possible. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 17
BRIEF in Opposition filed by The Wellness Way LLC re #8 MOTION to Transfer Case to Western District of Texas Pursuant to 28 U.S.C. 1406(A). (Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 16
AMENDED COMPLAINT with Jury Demand against Syberry Corporation filed by The Wellness Way LLC.(Weber, David) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 15
Magistrate Judge Jurisdiction Form filed by Syberry Corporation. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 14
COUNTERCLAIM by Syberry Corporation against The Wellness Way LLC. (Attachments: #1 Ex 1 - Termination Notice, #2 Ex 2 - Invoice, #3 Ex 3 - 2024-01-26 Letter from Weber, #4 Ex 4 - 2024-02-08)(Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of CANCELLATION of Hearing: Rule 16 Telephone Scheduling Conference set for 5/28/2024 at 09:00 AM is removed from the calendar. (cc: all counsel) (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 13
TEXT ONLY ORDER ADJOURNING the May 28, 2024 Rule 16 telephone scheduling conference and corresponding deadlines, signed by Judge William C. Griesbach on 05/13/2024. The Rule 16 telephone conference will be rescheduled, if necessary, once the court issues a decision on #8 the motion to transfer case to the Western District of Texas. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 12
AMENDED DOCUMENT by Syberry Corporation. Amended Notice of Removal (Attachments: #1 Ex 5 - Email Correspondence)(Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 11
TEXT ONLY ORDER GRANTING #10 Defendant's Motion for Extension of Time to 5/23/2024 to Answer or otherwise respond to Plaintiff's Complaint, signed by Judge William C Griesbach on 05/03/2024. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 10
MOTION for Extension of Time to Answer or Otherwise Plead by Syberry Corporation. (Attachments: #1 Ex A - April 30, 2024 Correspondence)(Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 9
BRIEF in Support filed by Syberry Corporation re #8 MOTION to Transfer Case to Western District of Texas . (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 8
MOTION to Transfer Case to Western District of Texas by Syberry Corporation. (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 7
NOTICE of Jurisdictional Defect signed by Judge William C Griesbach on 4/30/2024. Defendant is instructed to file an amended removal notice indicating the state of citizenship of each of Plaintiff's members within the next ten days. (cc: all counsel) (Griesbach, William) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 6
NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 5/28/2024 at 09:00 AM in by Telephone before Judge William C Griesbach. Rule 26 Discovery Plan due by 5/21/2024. The parties shall call the court Zoom conference line at 669-254-5252, use Meeting ID: 161 5758 9308, press # to bypass Participant ID,and enter Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. If you have any questions, please contact the Clerks Office at 920-884-3720. (cc: all counsel) (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 5
NOTICE of Appearance by Jamie L Filipovic on behalf of Syberry Corporation. Attorney(s) appearing: Jamie L. Filipovic (Filipovic, Jamie) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 4
DISCLOSURE Statement by Syberry Corporation. (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 3
NOTICE of Appearance by Amanda J Walsh on behalf of Syberry Corporation. Attorney(s) appearing: Amanda J. Walsh (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 2
ATTACHMENTS Civil Cover Sheet by Syberry Corporation re #1 Notice of Removal,. (Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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Filing 1
NOTICE OF REMOVAL by Syberry Corporation from Brown County Circuit Court, Case Number: 2024CV000476 with attached state court documents. (Filing Fee PAID $405 receipt number AWIEDC-4663228) (Attachments: #1 Ex 1 - Complaint, #2 Ex 2 - Declaration, #3 Ex 3 - Affidavit of Service, #4 Ex 4 - Notice of Filing of Notice of Removal)(Walsh, Amanda) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE Regarding assignment of this matter to Judge William C Griesbach. Consent/refusal forms for Magistrate Judge William Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (mew) [Transferred from Wisconsin Eastern on 8/16/2024.]
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NOTICE of Electronic Filing Error re: #1 Notice of Removal, filed by Syberry Corporation: Certain attachments to this document, the Declaration with Exhibits, should have been filed as a separate entry. This document does not need to be re-filed. Also, #2 Attachments Civil Cover Sheet filed by Syberry Corporation: This document should have been filed as an attachment to the #1 Notice of Removal. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jmk) [Transferred from Wisconsin Eastern on 8/16/2024.]
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| Plaintiff: The Wellness Way LLC | |
| Represented By: | David H Weber |
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| Defendant: Syberry Corporation | |
| Represented By: | Christopher M. Raney |
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