Harmony Holdings, LLC v. Lounsbury et al
| Harmony Holdings, LLC |
| Linda Van Eck, Ian Lounsbury, Jan Van Eck, Linda Lounsbury and Linda Lounsbury Van Eck |
| 2:2018cv00203 |
| November 30, 2018 |
| US District Court for the District of Vermont |
| John M Conroy |
| Christina Reiss |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 85 RESPONSE in Opposition re #80 Motion to Remand to State Court filed by Jan Van Eck, Linda Lounsbury Van Eck. (eh) |
| Filing 84 OBJECTION to #78 Report and Recommendation re #1 Notice of Removal filed by Jan Van Eck, Linda Lounsbury Van Eck. (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (eh) |
| Filing 83 NOTICE OF PRO SE APPEARANCE by Jan Van Eck. (eh) |
| Filing 82 NOTICE OF PRO SE APPEARANCE by Linda Lounsbury Van Eck. (eh) |
| Filing 81 NOTICE OF DOCKET ENTRY CORRECTION re: #80 MOTION to Remand to State Court filed by Harmony Holdings, LLC. The cover letter has been removed as not necessary. Also, the motion was combined with that of its exhibits. The documents have been broken apart and replaced on the docket. They are now separately attached to #80 and this entry. (Attachments: #1 Exhibit A, #2 Exhibit B) (law) |
| Filing 80 MOTION to Remand to State Court filed by Harmony Holdings, LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Twombly, Oliver) (Main Document 80 and Attachment 1 replaced, and Additional attachment(s) added on 12/28/2018: #3 Exhibit B) (law). |
| Filing 79 CASE assigned to District Judge Christina Reiss pursuant to #78 Report and Recommendation. (law) |
| Filing 78 REPORT AND RECOMMENDATION re #1 NOTICE OF REMOVAL by Linda Van Eck, Jan Van Eck: recommending that the case be remanded to state court as improvidently removed pursuant to 28 U.S.C. 1447(c). The Clerk of Court shall assign this case to a United States District Judge for consideration of this Report and Recommendation. Objections to R&R due by 1/14/2019. Signed by Judge John M. Conroy on 12/27/2018. (hbc) |
Filing 77
ENTRY ORDER denying #68 Motion Nunc Pro Tunc for Extension of Time to Comply With the Court's Entry Order of September 19, 2018 and for Relief From the October 1, 2018 Deadline. Excusable neglect has not been shown, as stated more fully on the record on 11/27/18. Signed by Judge Mary Miles Teachout on 11/27/2018. (originally filed 11/27/2018 in state court) (law)
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Filing 76
ENTRY ORDER granting #66 Motion for Extension of Time to Answer. The answer filed October 30, 2018 is accepted as timely. The counterclaim of Linda Van Eck is not recognized because the filing fee was never paid despite the opportunity given to do so in the Deputy Clerk's letter of 10/30/18. Signed by Judge Mary Miles Teachout on 11/27/2018. (originally filed 11/27/2018 in state court) (law) Answer filed date corrected on 12/27/2018 (hbc).
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Filing 75
RENT ESCROW ORDER. Signed by Judge Mary Milees Teachout on 11/27/2018. (originally filed 11/27/2018 in state court)(law)
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| Filing 74 MINUTE ENTRY for proceedings held before Judge Mary Miles Teachout : Motion Hearing held on 12/10/2018 re #31 MOTION for Order to Pay Rent Into Court filed by Harmony Holdings, LLC. Evidence completed. Findings and conclusions on the record. Rent Escrow Order issued. (hearing held 11/27/2018 in state court) (law) |
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Filing 73
ENTRY ORDER finding as moot #25 MOTION for Extension of Time to File Response/Reply. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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| Filing 72 AMENDED COMPLAINT (2nd Amendment) against Jan Van Eck, Linda Lounsbury Van Eck filed by Harmony Holdings, LLC. (originally filed 6/18/2018 in state court)(law) |
| Filing 71 ANSWER to #69 Counterclaim by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 11/19/2018 in state court)(law) |
| Filing 70 RESPONSE in Opposition re #68 MOTION Nunc Pro Tunc for Extension of Time to Comply With the Court's Entry Order of September 19, 2018 and for Relief From the October 1, 2018 Deadline filed by Jan Van Eck. (originally filed 11/15/2018 in state court) (law) |
| Filing 69 ANSWER to Complaint with Demand for Jury Trial, COUNTERCLAIM against Harmony Holdings, LLC filed by Linda Lounsbury Van Eck. (originally filed 10/30/2018 in state court) (law) |
| Filing 68 MOTION Nunc Pro Tunc for Extension of Time to Comply With the Court's Entry Order of September 19, 2018 and for Relief From the October 1, 2018 Deadline filed by Harmony Holdings, LLC. (Attachments: #1 Affidavit of Lana Emmons, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Memorandum in Support, #7 Certificate of Service) (originally filed 10/10/2018 in state court)(law) |
| Filing 67 NOTICE by Linda Lounsbury Van Eck of Non-Availability. (originally filed 9/28/2018 in state court)(law) |
| Filing 66 MOTION for Extension of Time to File Answer to Second Amended Complaint filed by Linda Lounsbury Van Eck. (originally filed 9/28/2018 in state court)(law) |
| Filing 65 ISSUED Civil Subponea for James Cultrera to Jan Van Eck, Linda Lounsbury Van Eck. (document is sealed) (originally filed 9/20/2018 in state court)(law) |
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Filing 64
ENTRY ORDER denying #44 Motion in Limine to remove from consideration certain "papers". The court declines to strike any documents. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 63
ENTRY ORDER denying #45 Motion for Order to Preclude Further Amendments of the Complaint. Denied as unnecessary. Any further motions to amend will be scrutinized carefully. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 62
ENTRY ORDER denying for insufficient basis #39 Motion for Sanctions. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 61
ENTRY ORDER granting #37 Motion for Extension of Time to Answer. The answer filed July 23rd is accepted as timely. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 60
ENTRY ORDER on #31 Renewed Motion for Order to Pay Rent Into Court. To be scheduled for two hours. The scope of this hearing will be limited to whether or not there is a rental agreement and unpaid rent, such that a rent escrow order should issue. Motion set for 11/27/18 at 09:30 AM. Two hourshas been allotted for this motion hearing. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 59
ENTRY ORDER granting #30 Motion to Amend #4 Complaint. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 58
ENTRY ORDER granting #36 Motion for Extension of Time to File Response/Reply. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 57
ENTRY ORDER granting #24 Motion for Extension of Time to File Response/Reply. Response to motions due by 6/15/18. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 56
ENTRY ORDER denying #15 Motion for Issuance of Subpoena and Order to Appear for Deposition (Heather Schill). See ruling on #16 Motion for Issuance of Subpoena and Order to Appear for Deposition for the Affiant James Cutrera. A subpoena and deposition is not warranted at this time. Dfts may submit written interrogatories to Pltf on the issue of the address and residence of members of Pltf. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 55
ENTRY ORDER granting #16 Motion for Issuance of Subpoena and Order to Appear for Deposition for the Affiant James Cutrera. The clerk shall issue a subpoena. Atty Twombly shall provide contact info for James Cultrera. Dfts shall be solely responsible for service of the subpoena as required by the Rules of Civil Procedure. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 54
ENTRY ORDER on #12 Motion to Appoint Receiver. Plaintiff's atty has until October 1, 2018 to submit affidavits and a memo of law showing that Pltf is a legal entity with proper qualifications as of April 5, 2018, when the suit was filed, to seek a remedy in the courts of Vermont, and presently. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 53
ENTRY ORDER denying #17 Supplemental Motion to Dismiss. While dfts describe defenses to the pltf's action, dismissal of the claims at this stage is premature. There has not yet been an opportunity to sort out the facts. Dismissal is appropriate when a plaintiff's facts show no basis for a claim as a matter of law. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 52
ENTRY ORDER granting #11 Motion for Extension of Time to Answer. The answer filed by Jan Van Eck on 6/11/18 is accepted as timely. Linda Van Eck has until 10/1/18 to file an answer. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 51
ENTRY ORDER finding as moot #9 Motion for More Definite Statement, based on filing an amended complaint. In addition, disagreements with the facts and/or questions about the basis for the facts can be addressed through discovery. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court) (law)
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Filing 50
ENTRY ORDER finding as moot #10 Motion to Dismiss. Signed by Judge Mary Miles Teachout on 9/20/2018. (originally filed 9/20/2018 in state court)(law)
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Filing 49
ENTRY ORDER finding as moot #5 Motion for Order to Pay Rent Into Court. Signed by Judge Mary Miles Teachout on 12/20/2018. (originally filed 9/20/2018 in state court) (law)
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| Filing 48 NOTICE of Hearing re: #31 MOTION for Order to Pay Rent Into Court. Motion Hearing set for 11/27/2018 09:30 AM before Judge Mary Miles Teacher. (originally filed 9/20/2018 in state court)(law) |
| Filing 47 RESPONSE in Opposition re #44 MOTION in Limine to remove from consideration certain "papers" filed by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 8/9/2018 in state court)(law) |
| Filing 46 RESPONSE in Opposition re #45 MOTION for Order to Preclude Further Amendments of the Complaint filed by Harmony Holdings, LLC. (originally filed 8/9/2018 in state court) (law) |
| Filing 45 MOTION for Order to Preclude Further Amendments of the Complaint filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 7/27/2018in state court)(law) |
| Filing 44 MOTION in Limine to remove from consideration certain "papers" filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 7/27/2018 in state court)(law) |
| Filing 43 REPLY to Response to #15 MOTION for Issuance of Subpoena and Order to Appear for Deposition filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 7/27/2018 in state court) (law) |
| Filing 42 ANSWER to #28 Counterclaim by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 7/23/2018 in state court)(law) |
| Filing 41 NOTICE by Jan Van Eck Regarding Americans With Disabilities Act. (originally filed 7/17/2018 in state court)(law) |
| Filing 40 NOTICE by Linda Lounsbury Van Eck Regarding Americans With Disabilities Act. (originally filed 7/17/2018 in state court)(law) |
| Filing 39 MOTION for Sanctions filed by Jan Van Eck, Linda Lounsbury Van Eck. (same document as #38 ) (originally filed 7/17/2018 in state court)(law) |
| Filing 38 RESPONSE in Opposition re #30 MOTION to Amend #4 Complaint filed by Jan Van Eck, Linda Lounsbury Van Eck. (same document as #39 ) (originally filed 7/17/2018 in state court) (law) |
| Filing 37 MOTION for Extension of Time to File Answer re #28 Counterclaim filed by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 7/2/2018 in state court)(law) |
| Filing 36 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss, #9 MOTION for More Definite Statement, #15 MOTION for Issuance of Subpoena and Order to Appear for Deposition, #30 MOTION to Amend #4 Complaint, #12 MOTION to Appoint Receiver, #10 MOTION to Dismiss filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 6/25/2018 in state court)(law) |
| Filing 35 RESPONSE in Opposition re #17 SUPPLEMENTAL MOTION to Dismiss, #10 MOTION to Dismiss filed by Harmony Holdings, LLC. (Attachments: #1 Affidavit of Nancy Carpenter) (originally filed 6/18/2018 in state court)(law) |
| Filing 34 RESPONSE in Opposition re #15 MOTION for Issuance of Subpoena and Order to Appear for Deposition filed by Harmony Holdings, LLC. (originally filed 6/18/2018 in state court) (law) |
| Filing 33 RESPONSE in Opposition re #12 MOTION to Appoint Receiver filed by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 6/18/2018 in state court)(law) |
| Filing 32 RESPONSE in Opposition re #9 MOTION for More Definite Statement filed by Harmony Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (originally filed 6/18/2018 in state court)(law) |
| Filing 31 RENEWED MOTION for Order to Pay Rent Into Court filed by Harmony Holdings, LLC. (originally filed 6/18/2018 in state court)(law) |
| Filing 30 MOTION to Amend #4 Complaint filed by Harmony Holdings, LLC. (Attachments: #1 Exhibit A) (originally filed 6/18/2018 in state court)(law) |
| Filing 29 LETTER for #28 counterclaim fee sent. (law) |
| Filing 28 ANSWER to Complaint, COUNTERCLAIM against Harmony Holdings, LLC filed by Jan Van Eck. (Attachments: #1 Demand for Trial by Jury) (originally filed 6/11/2018 in state court)(law) |
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Filing 27
ENTRY ORDER granting #18 Motion to Amend #4 Complaint. The amended complaint essentially corrects the names of parties as clarified in court on May 7, 2018. Signed by Judge Mary Miles Teachout on 5/18/2018. (originally filed 5/18/2018 in state court) (law)
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Filing 26
ENTRY ORDER granting in part #25 Motion for Extension of Time to File Response/Reply. The motion is granted except that it is moot as to the Motion to Amend. (See separate entry.) The extension of time is not long and due to scheduling issues the court would not be able to review any filings even if they were made in the time required by the rules. Dfts will have the normal time under the rules (14 days) to file any reply to Pltf's responses. Signed by Judge Mary Miles Teachout on 5/18/2018. (originally filed 5/18/2018 in state court) (law)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #17 SUPPLEMENTAL MOTION to Dismiss, #9 MOTION for More Definite Statement, #15 MOTION for Issuance of Subpoena and Order to Appear for Deposition, #12 MOTION to Appoint Receiver, #16 MOTION for Issuance of Subpoena and Order to Appear for Deposition, #10 MOTION to Dismiss, #11 MOTION for Extension of Time to File Answer re #4 Complaint filed by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 5/16/2018 in state court)(law) |
| Filing 24 MOTION for Extension of Time to File Response/Reply as to #17 SUPPLEMENTAL MOTION to Dismiss, #18 MOTION to Amend #4 Complaint, #9 MOTION for More Definite Statement, #15 MOTION for Issuance of Subpoena and Order to Appear for Deposition, #12 MOTION to Appoint Receiver, #16 MOTION for Issuance of Subpoena and Order to Appear for Deposition, #11 MOTION for Extension of Time to File Answer re #4 Complaint filed by Harmony Holdings, LLC. (Attachments: #1 Certificate of Service) (originally filed 6/4/2018 in state court)(law) |
| Filing 23 RESPONSE in Opposition re #25 MOTION for Extension of Time to File Response/Reply filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/21/2018 in state court) (law) Link corrected on 12/10/2018 (law). |
| Filing 22 RESPONSE in Opposition re #18 MOTION to Amend #4 Complaint filed by Jan Van Eck. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service) (originally filed 5/11/2018 in state court)(law) |
| Filing 21 SUMMONS RETURNED Executed. Linda Lounsbury Van Eck served on 4/13/2018. (originally filed 5/7/2018 in state court)(law) |
| Filing 20 SUMMONS RETURNED Executed. Jan Van Eck served on 4/13/2018. (originally filed 5/7/2018 in state court)(law) |
| Filing 19 MINUTE ENTRY for proceedings held before Judge Mary Miles Teachout. Pltf's #18 Motion to Amend Complaint. Evidence started re: #5 MOTION for Order to Pay Rent Into Court but hearing is continued and will be scheduled after court rules on Pltf's motion to amend. Pltf will have full response time re: all motions starting from dfts' updated certificates of service re: motions filed on 5/2/18. Dfts admonished to file accurate certs. of service re: anything filed with the court. (originally held 5/7/2018 in state court (law) |
| Filing 18 MOTION to Amend #4 Complaint filed by Harmony Holdings, LLC. (Attachments: #1 Exhibit, #2 Proposed Amended Complaint, #3 Certificate of Service) (originally filed 5/7/2018 in state court)(law) |
| Filing 17 SUPPLEMENTAL MOTION to Dismiss Complaint filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/4/2018 in state court)(law) |
| Filing 16 MOTION for Issuance of Subpoena and Order to Appear for Deposition for the Affiant James Cutrera filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/4/2018 in state court)(law) |
| Filing 15 MOTION for Issuance of Subpoena and Order to Appear for Deposition (Heather Schill) filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/4/2018 in state court)(law) |
| Filing 14 NOTICE OF PRO SE APPEARANCE by Jan Van Eck. (originally filed 5/4/2018 in state court)(law) |
| Filing 13 NOTICE OF PRO SE APPEARANCE by Linda Lounsbury Van Eck. (originally filed 5/4/2018 in state court)(law) |
| Filing 12 MOTION to Appoint Receiver for "Harmony Holdings, LLC" filed by Jan Van Eck, Linda Lounsbury Van Eck. (Attachments: #1 Exhibit A, #2 Exhibit B) (originally filed 5/4/2018 in state court)(law) |
| Filing 11 MOTION for Extension of Time to File Answer re #4 Complaint filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/2/2018 in state court)(law) |
| Filing 10 MOTION to Dismiss Complaint filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/2/2018 in state court)(law) |
| Filing 9 MOTION for More Definite Statement filed by Jan Van Eck, Linda Lounsbury Van Eck. (originally filed 5/2/2018 in state court)(law) |
| Filing 8 NOTICE OF APPEARANCE by Jan Van Eck. (originally filed 5/2/2018 in state court)(law) |
| Filing 7 NOTICE OF PRO SE APPEARANCE by Linda Lounsbury. (originally filed 5/2/2018 in state court)(law) |
| Filing 6 NOTICE of Hearing re: #5 MOTION for Order to Pay Rent Into Court. Motion Hearing set for 5/7/2018 10:00 AM. (originally filed 4/5/2018 in state court)(law) |
| Filing 5 MOTION for Order to Pay Rent Into Court filed by Harmony Holdings, LLC. (Attachments: #1 Affidavit of James Cultrera) (originally filed 4/5/2018 in state court)(law) |
| Filing 4 COMPLAINT in Eviction against Ian Lounsbury, Linda Lounsbury filed by Harmony Holdings, LLC. (Attachments: #1 Exhibit A, #2 Proposed Summonses) (originally filed 4/5/2018 in state court)(law) |
| Filing 3 RECEIVED FILE and certified copy of docket sheet from State Court. (law) |
| ISSUED Local Rule 73 Forms. (eh) |
| Filing 2 LETTER to VT Superior Court, Washington Unit, Civil Division requesting original file and certified docket sheet. (eh) |
| Filing 1 NOTICE OF REMOVAL by Linda Van Eck, Jan Van Eck from VT Superior Court, Washington Unit, Civil Division, case number 202-4-18-Wncv. ( Filing fee $ 400) (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet) (eh) |
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