Galiano Construction Custom Builder, LLC et al v. Sample et al
| Galiano Construction Custom Builder, LLC and Todd Galiano |
| Brandon Sample, PLC, Green Mountain Concrete LLC, Vermont Equipment, LLC, Vermont Remodeling LLC, Hon Mok, Vermont General Contractors LLC, Ink Made, LLC, Zachary Newland, Vermont Property Rentals, LLC, Brandon Sample and 133 Forest LLC |
| 5:2020cv00106 |
| July 31, 2020 |
| US District Court for the District of Vermont |
| Geoffrey W Crawford |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 ACKNOWLEDGMENT of case on remand received on 9/17/2020 by Vermont Superior Court, Civil Division, Rutland Unit. (law) |
| Filing 41 RESPONSE in Opposition to #39 MOTION to Strike #38 LETTER to Vermont Superior Court filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) Text clarified on 9/24/2020 (law). |
| Filing 40 ACKNOWLEDGMENT of case on remand received on 9/17/2020 by Vermont Superior Court, Civil Division, Rutland Unit. (law) |
| Filing 39 MOTION to Strike #38 LETTER to Vermont Superior Court filed by 133 Forest LLC, Brandon Sample, PLC, Green Mountain Concrete LLC, Brandon Sample, Vermont Equipment, LLC, Vermont General Contractors LLC, Vermont Property Rentals, LLC, Vermont Remodeling LLC. (Attachments: #1 Certificate of Service)(Snow, Andrew) Link added on 9/28/2020 (jlh). |
| Filing 38 LETTER to Vermont Superior Court, Civil Division, Rutland Unit remanding case. (law) |
Filing 37
ORDER granting #36 MOTION to Dismiss. Signed by Chief Judge Geoffrey W. Crawford on 9/9/2020. (This is a text-only Order.) (jal)
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| Filing 36 NOTICE of Dismissal as to Zachary Newland filed by Todd Galiano. (Attachments: #1 Certificate of Service)(Bixby, Thomas) Text clarified on 9/10/2020 (jlh). |
| Filing 35 WITHDRAWAL of #1 Notice of Removal filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) Event/Text clarified on 9/9/2020 (jlh). |
| Filing 34 JOINT STIPULATION to Extend Responses re: #19 Motion for Prleliminary Injunction and #20 Motion to Dismiss #6 First Amended Complaint by Ink Made, LLC, Hon Mok (Attachments: #1 Certificate of Service)(Shahi, Kaveh) Links added on 9/4/2020 (jlh). |
| Filing 33 JOINT STIPULATION for Extension of Time to Response to #19 MOTION for Preliminary Injunction filed by Ink Made, LLC, Hon Mok. (Attachments: #1 Emails, #2 Stipulation, #3 Certificate of Service)(Shahi, Kaveh) Event/text clarified on 9/2/2020 (law). |
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Filing 32
ORDER granting #31 MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Preliminary Injunction. Time extended to September 18, 2020. Signed by Chief Judge Geoffrey W. Crawford on 9/2/2020. (This is a text-only Order.) (jal)
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| Filing 31 CONSENTED-TO MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Preliminary Injunction filed by Brandon Sample, Brandon Sample, PLC, Vermont Remodeling LLC, 122 Forest LLC, Green Mountain Concrete LLC, Vermont Property Rentals LLC, Vermont General Contractors LLC, Vermont Equipment LLC. (Attachments: #1 Certificate of Service)(Snow, Andrew) Filers added on 9/1/2020 (jlh). |
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Filing 30
ORDER granting #29 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss #6 Amended Complaint for Failure to State a Claim and #19 MOTION for Preliminary Injunction. Time extended to September 18, 2020. Signed by Chief Judge Geoffrey W. Crawford on 8/31/2020. (This is a text-only Order.) (jal)
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| Filing 29 STIPULATED MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss #6 Amended Complaint for Failure to State a Claim , #19 MOTION for Preliminary Injunction filed by Zachary Newland.(Manitsky, Andrew) |
| Filing 28 WAIVER OF SERVICE Returned Executed. Ink Made, LLC served on 8/19/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) Text clarified on 8/26/2020 (jlh). |
| Filing 27 NOTICE of Appearance and MOTION to Dismiss for Failure to State a Claim filed by Ink Made, LLC, Hon Mok. (Attachments: #1 Index of Exhibits, #2 Exhibit R001-002, #3 Exhibit R 003, #4 Exhibit R 004, #5 Exhibit R 005, #6 Exhibit R 006, #7 Exhibit R 007-008, #8 Exhibit R009, #9 Exhibit R 10, #10 Exhibit R 011-012, #11 Exhibit R 013, #12 Exhibit R 014, #13 Exhibit R 015, #14 Exhibit R 016, #15 Exhibit R 017, #16 Exhibit R 018, #17 Exhibit R 019, #18 Exhibit R 020, #19 Exhibit R 021, #20 Certificate of Service)(Shahi, Kaveh) Text clarified on 9/3/2020 (jlh). |
| Filing 26 MOTION to Dismiss for Failure to State a Claim All Counts, or, Alternatively, MOTION for More Definite Statement of All Counts/Claims filed by Brandon Sample Brandon Sample, PLC, Vermont Remodeling LLC, 133 Forest LLC, Vermont Equipment, LLC, Green Mountain Concrete LLC, Vermont General Contractors LLC, Vermont Property Rentals, LLC. (Attachments: #1 Certificate of Service)(Snow, Andrew) Filers added, added MOTION for More Definite Statement, Main Document 26 replaced and Additional attachment(s) added on 8/25/2020: #2 Exhibit A) (law). |
| Filing 25 CASE reassigned to Chief Judge Geoffrey W. Crawford. Judge John M. Conroy no longer assigned to the case. (law) |
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Filing 24
ORDER: Plaintiffs in this action have filed a #19 Motion for Preliminary Injunction seeking equitable relief in the form of an order prohibiting the 11 individual and limited liability company Defendants from engaging in the residential and commercial construction business. Plaintiffs' Motion does not allege that their Motion is time-sensitive. Nevertheless, motions for preliminary injunctions are inherently time-sensitive. See Flynt Distrib. Co., Inc. v. Harvey, 734 F.2d 1389, 1394 (9th Cir. 1984) ("The urgency of obtaining a preliminary injunction necessitates a prompt determination...."); Star Creations Inv. Co., Ltd. v. Alan Amron Dev., Inc., No. CIV. A. 95-4328, 1995 WL 495126, at *10 (E.D. Pa. Aug. 18, 1995) (referring to "the urgency that necessitates a prompt determination of the preliminary injunction application"). This action has been assigned to the undersigned Magistrate Judge under the consent provisions of 28 U.S.C. 636(c)(1). However, only one party, defendant Zachary Newland, has consented to the jurisdiction of the magistrate judge as required by that section. (Doc. #23 .) Given the large number of remaining parties, it will take some time for those magistrate judge elections to be accomplished. Thus, at present, the undersigned lacks jurisdiction to promptly consider the current Motion. Accordingly, the Clerk of Court shall reassign this case to an Article III judge of this Court for further proceedings on Plaintiffs' #29 Motion for Preliminary Injunction. Signed by Judge John M. Conroy on 8/21/2020. (This is a text-only Order)(eh)
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| Filing 23 CONSENT to Direct Assignment by Zachary Newland. (Attachments: #1 Certificate of Service) (eh) |
| Filing 22 RESPONSE to #20 MOTION to Dismiss #6 Amended Complaint for Failure to State a Claim filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 21 REPLY to Response to #3 MOTION to Remand filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 20 MOTION to Dismiss #6 First Amended Complaint for Failure to State a Claim filed by Zachary Newland.(Manitsky, Andrew) |
| Filing 19 MOTION for Preliminary Injunction filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 18 RESPONSE in Opposition re #3 MOTION to Remand filed by Zachary Newland. (Manitsky, Andrew) |
| Filing 17 AFFIDAVIT of Service filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Hon Mok served on 8/6/2020, answer due 8/27/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 16 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Brandon Sample, PLC served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 15 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Vermont Remodeling LLC served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service) (Bixby, Thomas) |
| Filing 14 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Vermont Property Rentals, LLC served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 13 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Vermont General Contractors LLC served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 12 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Vermont Equipment, LLC served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 11 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Brandon Sample served on 8/3/2020, answer due 8/24/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 10 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Green Mountain Concrete LLC served on 8/3/2020, answer due 8/24/2020. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 9 SUMMONS Returned Executed filed by Todd Galiano, Galiano Construction Custom Builder, LLC. 133 Forest LLC served on 8/3/2020, answer due 8/24/2020. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 8 NOTICE OF APPEARANCE by Andrew J. Snow, Esq on behalf of Brandon Sample, Vermont Equipment, LLC, Vermont General Contractors LLC, Vermont Remodeling LLC, Vermont Property Rentals, LLC, Brandon Sample, PLC, 133 Forest LLC, Green Mountain Concrete. (Snow, Andrew) Defendant's added on 8/12/2020. (hbc) |
| Filing 7 NOTICE of Filing #1 Notice of Removal by Zachary Newland. (Attachments: #1 Notice of Removal, #2 Certificate of Service) (originally filed 7/31/2020 in state court)(law) |
| Filing 6 FIRST AMENDED COMPLAINT against 133 Forest LLC, Brandon Sample, PLC, Green Mountain Concrete LLC, Ink Made, LLC, Hon Mok, Zachary Newland, Brandon Sample, Vermont Equipment, LLC, Vermont General Contractors LLC, Vermont Remodeling LLC, Vermont Property Rentals, LLC filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (originally filed 7/14/2020 in state court)(law) |
| Filing 5 FIRST COMPLAINT against 133 Forest LLC, Brandon Sample, PLC, Green Mountain Concrete LLC, Ink Made, LLC, Hon Mok, Zachary Newland, Brandon Sample, Vermont Equipment, LLC, Vermont General Contractors LLC, Vermont Remodeling LLC, Vermont Property Rentals, LLC filed by Galiano Construction Custom Builder, LLC, Todd Galiano. (originally filed 7/9/2020 in state court)(law) |
| Filing 4 AFFIDAVIT of Service filed by Todd Galiano, Galiano Construction Custom Builder, LLC. Zachary Newland served on 7/29/2020, answer due 8/19/2020 (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 3 MOTION to Remand filed by Todd Galiano, Galiano Construction Custom Builder, LLC. (Attachments: #1 Certificate of Service)(Bixby, Thomas) |
| Filing 2 LETTER to Vermont Superior Court, Civil Division, Rutland Unit requesting original case file and certified docket sheet. (eh) |
| Filing 1 NOTICE OF REMOVAL by Zachary Newland from Vermont Superior Court, Civil Division, Rutland Unit, case number 237-7-20 Rdcv. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet) (eh) |
| ISSUED Local Rule 73 Forms. (eh) |
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