GW Acquisition Co., LLC v. Pageland Limited Liability Company et al
| GW Acquisition Co., LLC |
| Pageland Limited Liability Company |
| Kimberly S Mitchell and David C. Mitchell |
| 1:2023cv01207 |
| September 8, 2023 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| William E Fitzpatrick |
| Michael S Nachmanoff |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 55
Memorandum in Opposition re #52 MOTION for Summary Judgment filed by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Nichols, Jackson)
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Set Deadline as to #52 MOTION for Summary Judgment. Motion Hearing set for 11/17/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )
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Filing 54
Notice of Hearing Date set for 11/17/2023 re #52 MOTION for Summary Judgment (Tucci, Michael)
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Filing 53
Memorandum in Support re #52 MOTION for Summary Judgment filed by GW Acquisition Co., LLC. (Attachments: #1 Exhibit)(Tucci, Michael)
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Filing 52
MOTION for Summary Judgment by GW Acquisition Co., LLC. (Attachments: #1 Proposed Order)(Tucci, Michael)
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Filing 51
ANSWER to Counterclaim by GW Acquisition Co., LLC.(Tucci, Michael)
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Filing 50
REPLY to Response to Motion re #40 MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment filed by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Exhibit 1)(Nichols, Jackson)
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Filing 49
RESPONSE in Opposition re #40 MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment filed by GW Acquisition Co., LLC. (Attachments: #1 Exhibit Exhibit 1)(Tucci, Michael)
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Filing 48
ORDERED that for the reasons stated in the accompanying Memorandum Opinion, plaintiff's Motion for Preliminary Injunction [Dkt. No. 11] is GRANTED, plaintiff's Motion for Temporary Restraining Order [Dkt. No. 2] is DENIED AS MOOT, and it is hereby ORDERED, ADJUDGED, and DECREED that defendants immediately take all reasonable and necessary steps to approve the proffered conditions provided by plaintiff in accordance with the terms of their Purchase and Sale Agreements ("PSA"), and otherwise fully cooperate with plaintiff on executing all documents required to support its data center rezoning applications according to the agreed upon terms in 7.2.2 of their PSAs; and it is further ORDERED that plaintiff having satisfied all factors required under Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008) for a preliminary injunction and there being no contest as to the Court having jurisdiction to resolve the Motion, there is no need for plaintiff to post a bond. Signed by District Judge Leonie M. Brinkema on 10/06/2023. (jlan)
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Filing 47
MEMORANDUM OPINION in re #2 Motion for Temporary Restraining Order and #11 Motion for Preliminary Injunction. Signed by District Judge Leonie M. Brinkema on 10/06/2023. (jlan)
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Filing 46
NOTICE by GW Acquisition Co., LLC re #2 MOTION for Temporary Restraining Order , #3 Memorandum in Support, #45 Order on Motion for Leave to File, Notice of Filing Supplemental Exhibit A (Attachments: #1 Supplemental Exhibit A)(Tucci, Michael)
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Filing 45
Plaintiff's #44 Motion for Leave to File Supplemental Exhibit to Memorandum in Support of Motin for Temporary Restraining Order and Preliminary Injunction is GRANTED; and it is herebyORDERED that plaintiff promptly file Exhibit A to its Motion [Dkt No. 44-1].. Signed by District Judge Leonie M. Brinkema on 10/3/2023. (Dcrow, )
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Filing 44
MOTION for Leave to File Supplemental Exhibit by GW Acquisition Co., LLC. (Attachments: #1 Proposed Supplemental Exhibit)(Tucci, Michael)
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Filing 43
ANSWER to Complaint , COUNTERCLAIM against GW Acquisition Co., LLC by David C. Mitchell, Kimberly S Mitchell.(Nichols, Jackson)
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Filing 42
Notice of Hearing Date set for 11/17/2023 re #40 MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment (Nichols, Jackson)
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Filing 41
Memorandum in Support re #40 MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment filed by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Nichols, Jackson)
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Filing 40
MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Proposed Order)(Nichols, Jackson)
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Set Deadline as to #40 MOTION to Dismiss for Failure to State a Claim or in the alternative, for Summary Judgment. Motion Hearing set for 11/17/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan)
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Filing 39
TRANSCRIPT of motions hearing held on 9-25-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/30/2023. Redacted Transcript Deadline set for 11/28/2023. Release of Transcript Restriction set for 12/27/2023.(Austin, Stephanie)
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Filing 38
Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 9/25/2023. Appearances of counsel. Plaintiffs #2 MOTION for Temporary Restraining Order filed by GW Acquisition Co., LLC. and #11 MOTION for Preliminary Injunction filed by GW Acquisition Co., LLC. are argued and TAKEN UNDER ADVISEMENT. (Attachments: #1 Defendant Exhibit) (Court Reporter S. Austin.)(yguy)
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Filing 37
Reply to #33 Reply to Response to Motion Sur-reply filed by Pageland Limited Liability Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Pierce, Anthony)
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Filing 36
ORDERED that Pageland's Motion for Leave is GRANTED; and it is hereby ORDERED that Pageland shall promptly file the Sur-Reply in Response to GWA's Reply that was attached as Exhibit A to Pageland's Motion for Leave in re #34 MOTION for Leave to File Sur-Reply. Signed by District Judge Leonie M. Brinkema on 9/25/2023. (swil)
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Filing 35
Memorandum in Support re #34 MOTION for Leave to File Sur-Reply filed by Pageland Limited Liability Company. (Pierce, Anthony)
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Filing 34
MOTION for Leave to File Sur-Reply by Pageland Limited Liability Company. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proposed Order)(Pierce, Anthony)
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Filing 33
REPLY to Response to Motion re #11 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order filed by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 32
SUMMONS Returned Executed by GW Acquisition Co., LLC Kimberly S Mitchell served on 9/11/2023, answer due 10/2/2023 (Tucci, Michael)
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Filing 31
SUMMONS Returned Executed by GW Acquisition Co., LLC David C. Mitchell served on 9/11/2023, answer due 10/2/2023 (Tucci, Michael)
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Filing 30
WAIVER OF SERVICE Returned Executed by GW Acquisition Co., LLC. Pageland Limited Liability Company waiver sent on 9/8/2023, answer due 11/7/2023. (Tucci, Michael)
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Filing 29
Corporate Disclosure Statement by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 28
ORDER granting #27 Motion for Pro hac vice Appointed Bradley James Yeretsky for GW Acquisition Co., LLC. Signed by District Judge Leonie M. Brinkema on 9/20/2023. (swil)
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Filing 27
Motion to appear Pro Hac Vice by Bradley James Yeretsky and Certification of Local Counsel Michael E Tucci Filing fee $ 75, receipt number AVAEDC-9132777. by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 26
Opposition to #11 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order filed by Pageland Limited Liability Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pierce, Anthony)
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Filing 25
Memorandum in Opposition re #11 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order filed by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Exhibit A, #2 Proposed Order)(Nichols, Jackson)
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Filing 24
ORDER granting #23 Motion for Pro hac vice Appointed Lars Howard Liebeler for David C. Mitchell,Lars Howard Liebeler for Kimberly S Mitchell. Signed by District Judge Leonie M. Brinkema on 9/19/2023. (swil)
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Filing 23
Motion to appear Pro Hac Vice by Lars Howard Liebeler and Certification of Local Counsel Jackson S. Nichols Filing fee $ 75, receipt number AVAEDC-9131013. by David C. Mitchell, Kimberly S Mitchell. (Nichols, Jackson)
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Filing 22
Financial Interest Disclosure Statement (Local Rule 7.1) by Pageland Limited Liability Company. (Pierce, Anthony)
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Filing 21
NOTICE of Appearance by Miranda Dore on behalf of Pageland Limited Liability Company (Dore, Miranda)
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Filing 20
NOTICE of Appearance by Anthony Tobias Pierce on behalf of Pageland Limited Liability Company (Pierce, Anthony)
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Filing 19
ORDERED that defendants file any briefs in opposition to the plaintiff's Motion for Temporary Restraining Order [Dkt. No. 2] and Motion for Preliminary Injunction [Dkt. No. 11] on or before Tuesday, September 19, 2023, and plaintiff file any reply brief on or before Thursday, September 21, 2023; and it is further ORDERED that the September 15, 2023 hearing is rescheduled for Monday, September 25, 2023 at 3:00 p.m. Signed by District Judge Leonie M. Brinkema on 09/13/2023. (dvanm)
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Filing 18
MOTION to Continue September 15, 2023 Hearing by David C. Mitchell, Kimberly S Mitchell. (Attachments: #1 Proposed Order)(Nichols, Jackson)
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Filing 17
NOTICE of Appearance by Jackson Spruill Nichols on behalf of David C. Mitchell, Kimberly S Mitchell (Nichols, Jackson)
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Reset Deadlines as to #2 MOTION for Temporary Restraining Order, #11 MOTION for Preliminary Injunction. Motion Hearing set for 9/25/2023 at 03:00 PM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm)
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Filing 16
ORDERED that the Clerk reassign case [1:23-cv-1207] to this Court; and it is further ORDERED that the pending Motion for Temporary Restraining Order [Dkt. No. 2] and Motion for Preliminary Injunction [Docket No. 11] set for a hearing on Friday, September 15, 2023 at 10:00 AM be heard in Courtroom 700. Signed by District Judge Leonie M. Brinkema on 09/11/2023. (dvanm)
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Case Reassigned to District Judge Leonie M. Brinkema. District Judge Michael S Nachmanoff no longer assigned to the case. (dvanm)
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Reset Deadlines as to #2 MOTION for Temporary Restraining Order , #11 MOTION for Preliminary Injunction . Motion Hearing set for 9/15/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm)
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Filing 15
Summons Issued as to David C. Mitchell, Kimberly S Mitchell, Pageland Limited Liability Company. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm)
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Set Deadlines as to #2 MOTION for Temporary Restraining Order, #11 MOTION for Preliminary Injunction. Motion Hearing set for 9/15/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, )
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Filing 14
Civil Cover Sheet re #1 Complaint, by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 13
Notice of Hearing Date re #11 MOTION for Preliminary Injunction (Tucci, Michael)
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Filing 12
Memorandum in Support re #11 MOTION for Preliminary Injunction filed by GW Acquisition Co., 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)(Tucci, Michael)
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Filing 11
MOTION for Preliminary Injunction by GW Acquisition Co., LLC. (Attachments: #1 Proposed Order)(Tucci, Michael)
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Filing 10
Proposed Summons re #1 Complaint, David C Mitchell by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 9
Proposed Summons re #1 Complaint, Kimberly S Mitchell by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 8
Proposed Summons re #1 Complaint, Pageland Limited Liability Company by GW Acquisition Co., LLC. (Tucci, Michael)
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Filing 7
Proposed Summons re #1 Complaint, David C Mitchell by GW Acquisition Co., LLC. (Tucci, Michael) (Main Document 7 replaced on 9/8/2023) (dvanm, ).
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Filing 6
Proposed Summons re #1 Complaint, Kimberly S. Mitchell by GW Acquisition Co., LLC. (Tucci, Michael) (Main Document 6 replaced on 9/8/2023) (dvanm, ).
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Filing 5
Proposed Summons re #1 Complaint, Pageland Limited Liability Company by GW Acquisition Co., LLC. (Tucci, Michael) (Main Document 5 replaced on 9/8/2023) (dvanm, ).
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Filing 4
Notice of Hearing Date re #2 MOTION for Temporary Restraining Order (Tucci, Michael)
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Filing 3
Memorandum in Support re #2 MOTION for Temporary Restraining Order filed by GW Acquisition Co., 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)(Tucci, Michael)
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Filing 2
MOTION for Temporary Restraining Order by GW Acquisition Co., LLC. (Attachments: #1 Proposed Order)(Tucci, Michael)
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Filing 1
Complaint ( Filing fee $ 402, receipt number AVAEDC-9115087.), filed by GW Acquisition Co., LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet)(Tucci, Michael) (Attachment 7 replaced on 9/8/2023) (dvanm, ).
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Case Reassigned to District Judge Michael S Nachmanoff. District Judge T. S. Ellis, III no longer assigned to the case. (jlan)
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Notice of Correction re #2 MOTION for Temporary Restraining Order. The filing user has been notified to file the document separately for each motion relief. (dvanm)
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Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge William E. Fitzpatrick. (dvanm)
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Notice of Correction re #5 Proposed Summons, #7 Proposed Summons, [1-7] Civil Cover Sheet, #6 Proposed Summons. The filing user has been notified that the listed documents incorrectly saved PDF fillable forms and have been removed. The filing user was directed to refile the documents. (dvanm)
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