NetTax, LLC v. Posso Pizza, Inc. et al
Plaintiff: NetTax, LLC
Defendant: Posso Pizza, Inc., COI Pizza, LLC and Richard Butcher
Case Number: 4:2023cv00031
Filed: November 22, 2023
Court: US District Court for the Western District of Virginia
Presiding Judge: Thomas T Cullen
Referring Judge: C Kailani Memmer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2024 Opinion or Order Filing 24 Order Referring Case for Mediation. Signed by Judge Thomas T. Cullen on 1/16/2024. (ham)
January 11, 2024 Opinion or Order Filing 23 Minute Entry for proceedings held before Judge Thomas T. Cullen: Motion Hearing held on 1/11/2024 re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Richard Butcher, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike filed by COI Pizza, LLC, Richard Butcher, Posso Pizza, Inc. (Court Reporter: J. Webb) (ck)
January 10, 2024 Opinion or Order Filing 22 NOTICE by NetTax, LLC Diversity Disclosure Statement (Kirby, William)
January 10, 2024 Opinion or Order Filing 21 NOTICE by Richard Butcher, COI Pizza, LLC, Posso Pizza, Inc. Statement of Citizenship - Micheal SC Rompel (COI Pizza, LLC) (Burns, Eric)
January 10, 2024 Opinion or Order Filing 20 NOTICE by Richard Butcher, COI Pizza, LLC, Posso Pizza, Inc. Change of Law Firm (Burns, Eric)
January 10, 2024 Opinion or Order Filing 19 ORDER directing LLC parties to file a statement outlining the citizenship of the LLC as previously ordered in #17 Order. A party's failure to do so may result in it having to show cause for not complying with the court's Orders. Signed by Judge Thomas T. Cullen on 1/10/2024. (ham)
January 10, 2024 Opinion or Order Eric P. Burns, in accordance with Section C.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account and submitting to this court. Click #here for PACER aid to updating your personal information, address information or email noticing. (ham)
December 28, 2023 Opinion or Order Filing 18 Certified True Copies of State Court Record(s) received electronically from Martinsville City Circuit Court, case number(s) CL23000303-00 (Attachments: #1 State Court Record)(jv)
December 21, 2023 Opinion or Order Filing 17 ORDER directing LLC party to file a statement outlining the citizenship of the LLC. Signed by Judge Thomas T. Cullen on 12/21/2023. (ham)
December 20, 2023 Opinion or Order Filing 16 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike . filed by Richard Butcher, COI Pizza, LLC, Posso Pizza, Inc.. (Burns, Eric)
December 20, 2023 Opinion or Order Filing 15 REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction . filed by Richard Butcher. (Burns, Eric)
December 19, 2023 Opinion or Order Filing 14 NOTICE of Hearing on Motion #7 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike : (CR) (No Interpreter requested) NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. Motion Hearing set for 1/11/2024 11:00 AM in Harrisonburg before Judge Thomas T. Cullen. (ck)
December 13, 2023 Opinion or Order Filing 13 Brief / Memorandum in Opposition re #7 MOTION to Dismiss for Lack of Jurisdiction , #8 Brief / Memorandum in Support . filed by NetTax, LLC. (Kirby, William)
December 13, 2023 Opinion or Order Filing 12 Brief / Memorandum in Opposition re #10 Brief / Memorandum in Support, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike . filed by NetTax, LLC. (Kirby, William)
December 5, 2023 Opinion or Order Filing 11 Negative Corporate Disclosure Statement by NetTax, LLC (Kirby, William)
November 29, 2023 Opinion or Order Filing 10 Brief / Memorandum in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike . filed by Richard Butcher, COI Pizza, LLC, Posso Pizza, Inc.. (Burns, Eric)
November 29, 2023 Opinion or Order Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike by Richard Butcher, COI Pizza, LLC, Posso Pizza, Inc. (Attachments: #1 Text of Proposed Order)(Burns, Eric) Modified on 12/1/2023 - Removed referral text; Motion no longer referred to Judge C. Kailani Memmer (ham).
November 29, 2023 Opinion or Order Filing 8 Brief / Memorandum in Support re #7 MOTION to Dismiss for Lack of Jurisdiction . filed by Richard Butcher. (Attachments: #1 Exhibit 1)(Burns, Eric)
November 29, 2023 Opinion or Order Filing 7 MOTION to Dismiss for Lack of Jurisdiction by Richard Butcher. (Attachments: #1 Text of Proposed Order)(Burns, Eric)
November 28, 2023 Opinion or Order Filing 6 Negative Corporate Disclosure Statement by COI Pizza, LLC (Burns, Eric)
November 28, 2023 Opinion or Order Filing 5 Negative Corporate Disclosure Statement by Posso Pizza, Inc. (Burns, Eric)
November 28, 2023 Opinion or Order Filing 4 Notice of Filing Requirement to COI Pizza, LLC; NetTax, LLC; & Posso Pizza, Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ham)
November 28, 2023 Opinion or Order Filing 3 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ham)
November 28, 2023 Opinion or Order Filing 2 Order Requesting Transmittal of Case File from Martinsville City Circuit Court. Signed by Judge Thomas T. Cullen on 11/28/2023. (Order mailed to Martinsville City Circuit Court via US Mail)(ham)
November 22, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Martinsville City Circuit Court, case number CL23000303-00 (Filing & Administrative fee $402.00, receipt number BVAWDC-4309147) filed by CIO Pizza, LLC, Richard Butcher, & Posso Pizza, Inc. (Attachments: #1 State Court Complaint, #2 Order entered in 4:23CV19, #3 Memorandum Opinion entered in 4:23CV19, #4 Civil Cover Sheet)(ham) Modified on 11/28/2023 - Corrected filing date (ham).

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Plaintiff: NetTax, LLC
Represented By: Wayland Edward Hundley
Represented By: William L. Kirby, III
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Defendant: Posso Pizza, Inc.
Represented By: Eric Patrick Burns
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Defendant: COI Pizza, LLC
Represented By: Eric Patrick Burns
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Defendant: Richard Butcher
Represented By: Eric Patrick Burns
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