Volvo Group North America, LLC v. Truck Enterprises, Inc. et al
| Volvo Group North America, LLC and Volvo Group North America, LLC a Delaware limited liability company doing business as Volvo Trucks North America |
| Truck Enterprises Hagerstown, Inc., James E Hartman, Truck Enterprises, Inc., Truck Enterprises Roanoke, Inc. and Truck Enterprises Lynchburg, Inc. |
| Kenworth Truck Company |
| 7:2018cv00043 |
| January 30, 2018 |
| US District Court for the Western District of Virginia |
| Roanoke Office |
| Elizabeth K Dillon |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.
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Filing 68
ORDER DISMISSING CASE WITHOUT Prejudice and with each party to bear its own costs. Signed by Judge Elizabeth K. Dillon on 6/3/2020. (aab)
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Filing 67
Oral ORDER LIFTING STAY. Entered by Judge Elizabeth K. Dillon on June 3, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mf)
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| Filing 66 MOTION to Dismiss Complaint as to all Defendants by Volvo Group North America, LLC. (Attachments: #1 Text of Proposed Order)(Jarrett, David) |
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Filing 65
ORDER granting #64 Motion to Stay Case. Signed by Judge Elizabeth K. Dillon on 2/19/2020. (aab)
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| Filing 64 MOTION to Stay (Agreed) by Volvo Group North America, LLC. (Attachments: #1 Text of Proposed Order)(Jarrett, David) |
| Filing 63 NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for February 12, 2020 at 2:00 PM by telephone conference call before Judge Elizabeth K. Dillon. (mf) |
| Filing 62 Response re #61 Notice (Other) Request for Dismissal . filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Charapp, Michael) |
| Filing 61 NOTICE by Volvo Group North America, LLC of Material Event (Attachments: #1 Exhibit A, #2 Exhibit B)(Jarrett, David) |
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Filing 60
Order Referring Case for Mediation before the Honorable J. Michael Gamble. Signed by Judge Elizabeth K. Dillon on 10/10/2019. (aab)
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| Filing 59 CONSENT to Mediation by Volvo Group North America, LLC (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Referral to Mediation)(Jarrett, David) |
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Filing 58
ORDER denying #49 Motion to Dismiss. Signed by Judge Elizabeth K. Dillon on 09/12/2019. (aab) (Main Document 58 replaced on 9/12/2019 to reflect the correct dkt. No. to the motion to dismiss, NEF Regenerated) (aab). Modified on 9/12/2019 (aab).
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| Filing 57 MEMORANDUM OPINION. Signed by Judge Elizabeth K. Dillon on 09/12/2019. (aab) |
| Filing 56 REPLY to Response to Motion re #49 MOTION to Dismiss the Complaint as Moot . filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Charapp, Michael) |
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Filing 55
ORAL ORDER granting #54 Motion for Extension of Time to File Response/Reply. Reply due by 3/11/2019. Entered by District Judge Elizabeth K. Dillon on February 25, 2019. (mf)
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| Filing 54 MOTION for Extension of Time to File Response/Reply as to #53 Response in Opposition to Motion by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Attachments: #1 Text of Proposed Order)(Charapp, Michael) |
| Filing 53 RESPONSE in Opposition re #49 MOTION to Dismiss the Complaint as Moot . filed by Volvo Group North America, LLC. (Jarrett, David) |
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Filing 52
ORAL ORDER granting #51 Motion for Extension of Time to File Response; Response to #49 Motion to Dismiss Complaint due by 2/25/2019. Entered by District Judge Elizabeth K. Dillon on 2/11/2019. (bwd)
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| Filing 51 MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss the Complaint as Moot by Volvo Group North America, LLC. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Enlargement of Time)(Jarrett, David) |
| Filing 50 Brief / Memorandum in Support re #49 MOTION to Dismiss the Complaint as Moot . filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Attachments: #1 Exhibit)(Charapp, Michael) |
| Filing 49 MOTION to Dismiss the Complaint as Moot by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Attachments: #1 Text of Proposed Order)(Charapp, Michael) |
| Filing 48 In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 1/24/2019. (bwd) |
| Filing 47 NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for January 24, 2019 at 1:00 PM before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in information to the parties.)(mf) |
| Filing 46 NOTICE by Volvo Group North America, LLC re #45 Surety Bond for Preliminary Injunction (Jarrett, David) |
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Filing 45
Memorandum Opinion and Order granting #5 Motion for TRO. Signed by District Judge Elizabeth K. Dillon on 09/30/2018. (aab)
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| Filing 44 Brief / Memorandum in Opposition re #5 MOTION for Temporary Restraining Order Supplement to Defendants' Opposition Brief [Doc. 12]. filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Charapp, Michael) |
| Filing 43 Brief / Memorandum in Support re #5 MOTION for Temporary Restraining Order (Supplemental as Required by Dkt No. 42). filed by Volvo Group North America, LLC. (Jarrett, David) |
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Filing 42
ORDER LIFTING STAY and Order to File Briefs (Briefs due by 8/13/2018). Signed by District Judge Elizabeth K. Dillon on 7/30/18. (sas)
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Filing 41
ORDER STAYING CASE. Signed by District Judge Elizabeth K. Dillon on 5/9/18. (sas)
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| Filing 40 Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 5/7/2018 re #5 MOTION for Temporary Restraining Order filed by Volvo Group North America, LLC. (Court Reporter J. Meyer.) (bw) |
| Filing 39 Magistrate Consent Notice to Parties. (sas) |
| Filing 38 ANSWER to #34 Intervenor Complaint, by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc..(Charapp, Michael) |
| Filing 37 Supplement to #12 Brief / Memorandum in Opposition, filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc. (Attachments: #1 Exhibit 1)(sas) |
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Filing 36
ORAL ORDER granting #35 Motion for Leave to File. The Clerk is directed to file Exhibit 1 to Dkt. No. 35 as a separate docket entry. Entered by District Judge Elizabeth K. Dillon on April 23, 2018. (mf)
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| Filing 35 MOTION for Leave to File Supplement to Defendants' Opposition Brief [Doc. 12] by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Attachments: #1 Supplement)(Charapp, Michael) |
| Filing 34 Intervenor COMPLAINT against Truck Enterprises, Inc.; James E. Hartman; Truck Enterprises Roanoke, Inc.; Truck Enterprises Lynchburg, Inc.; and Truck Enterprises Hagerstown, Inc., filed by Kenworth Truck Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Arnold, Edward) |
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Filing 33
ORDER. Kenworth shall file its complaint in intervention not later than seven days after entry of this order. Signed by District Judge Elizabeth K. Dillon on 4/11/18. (sas)
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Filing 32
ORDER granting #29 MOTION for James C. McGrath to Appear Pro Hac Vice. Signed by District Judge Elizabeth K. Dillon on 3/16/18. (sas)
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Filing 31
ORDER granting #30 MOTION for Alison K. Eggers to Appear Pro Hac Vice. Signed by District Judge Elizabeth K. Dillon on 3/16/18. (sas)
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| Filing 30 MOTION for Alison Eggers to Appear Pro Hac Vice. by Kenworth Truck Company. (Attachments: #1 Text of Proposed Order)(Arnold, Edward) |
| Filing 29 MOTION for James C. McGrath to Appear Pro Hac Vice. by Kenworth Truck Company. (Attachments: #1 Text of Proposed Order)(Arnold, Edward) |
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Filing 28
ORDER staying all statutory and contractual time periods and staying all discovery until Court enters an order on Plaintiff's motion for preliminary injunction. Signed by District Judge Elizabeth K. Dillon on 3/5/18. (sas)
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Filing 27
ORDER granting #22 Motion to Intervene. Signed by District Judge Elizabeth K. Dillon on 3/5/18. (sas)
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| Filing 26 Brief / Memorandum in Support re #22 MOTION to Intervene (Unopposed) . filed by Kenworth Truck Company. (Attachments: #1 Proposed Complaint in Intervention, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Arnold, Edward) |
| Filing 25 NOTICE of Hearing on Motion #5 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction : (CR) (No Interpreter requested) Motion Hearing set for May 7, 2018 at 2:00 PM in Roanoke before District Judge Elizabeth K. Dillon. (mf) Modified on 3/12/2018, to correct time from AM to PM (bw). |
| Filing 24 STIPULATION re #11 Order, #10 Stipulation by Kenworth Truck Company (Attachments: #1 Text of Proposed Order)(Arnold, Edward) |
| Filing 23 Positive Corporate Disclosure Statement by Kenworth Truck Company identifying Corporate Parent PACCAR Inc. for Kenworth Truck Company. (Arnold, Edward) |
| Filing 22 MOTION to Intervene (Unopposed) by Kenworth Truck Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A (Proposed Complaint), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Text of Proposed Order)(Arnold, Edward) |
| Filing 21 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction. filed by Volvo Group North America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jarrett, David) |
| Filing 20 Magistrate Consent Notice to Parties. (sas) |
| Filing 19 ANSWER to Complaint #1 by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc..(Charapp, Michael) |
| Filing 18 NOTICE of Appearance by Brad Darin Weiss on behalf of James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc. (Weiss, Brad) |
| Filing 17 NOTICE of Appearance by Mark Bowman Callahan on behalf of All Defendants (Callahan, Mark) |
| Filing 16 Positive Corporate Disclosure Statement by Truck Enterprises Hagerstown, Inc. identifying Corporate Parent Truck Enterprises, Inc. for Truck Enterprises Hagerstown, Inc.. (Charapp, Michael) |
| Filing 15 Positive Corporate Disclosure Statement by Truck Enterprises Roanoke, Inc. identifying Corporate Parent Truck Enterprises, Inc. for Truck Enterprises Roanoke, Inc.. (Charapp, Michael) |
| Filing 14 Positive Corporate Disclosure Statement by Truck Enterprises Lynchburg, Inc. identifying Corporate Parent Truck Enterprises, Inc. for Truck Enterprises Lynchburg, Inc.. (Charapp, Michael) |
| Filing 13 Negative Corporate Disclosure Statement by Truck Enterprises, Inc. (Charapp, Michael) |
| Filing 12 Brief / Memorandum in Opposition re #5 MOTION for Temporary Restraining Order , #7 Brief / Memorandum in Support . filed by James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Charapp, Michael) |
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Filing 11
ORDER regarding Stipulation #10 filed by Volvo Group North America, LLC. Signed by District Judge Elizabeth K. Dillon on 2/12/2018. (ck)
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| Filing 10 STIPULATION re #5 MOTION for Temporary Restraining Order by Volvo Group North America, LLC (Attachments: #1 Text of Proposed Order)(Jarrett, David) |
| Filing 9 Notice of Correction: Changed viewingrestriction of Attachment 1, to #5 Motion; only viewable by court personnel.Document correctly filed at Document #7 Brief/Memorandum in Support by counsel. (sas) |
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Filing 8
ORDER granting #6 MOTION for Billy M. Donley and David R. Jarrett to Appear Pro Hac Vice. Attorney Billy Martin Donley and David Ray Jarrett for Volvo Group North America, LLC added. Signed by District Judge Elizabeth K. Dillon on 1/31/18. (sas)
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| Filing 7 Brief / Memorandum in Support re #5 MOTION for Temporary Restraining Order . filed by Volvo Group North America, LLC. (Scully, Elizabeth) |
| Filing 6 MOTION for David R. Jarrett and Billy M. Donley to Appear Pro Hac Vice. by Volvo Group North America, LLC. (Scully, Elizabeth) |
| Filing 5 MOTION for Temporary Restraining Order by Volvo Group North America, LLC. (Attachments: #1 Exhibit Memorandum In Support, #2 Text of Proposed Order)(Scully, Elizabeth) |
| Filing 4 AMENDED DOCUMENT by Volvo Group North America, LLC. Amendment to #2 Positive Corporate Disclosure Statement (Scully, Elizabeth) |
| Filing 3 Electronic Summons Issued as to James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 summons - James E. Hartman, #2 summons - Truck Enterprises Roanoke, Inc., #3 Truck Enterprises Lynchburg, Inc., #4 summons - Truck Enterprises Hagerstown, Inc.)(sas) |
| Filing 2 Positive Corporate Disclosure Statement by Volvo Group North America, LLC identifying Corporate Parent Aktiebolaget Volvo, OMX Nordic Exchange, Sweden for Volvo Group North America, LLC. (sas) |
| Filing 1 COMPLAINT against James E Hartman, Truck Enterprises Hagerstown, Inc., Truck Enterprises Lynchburg, Inc., Truck Enterprises Roanoke, Inc., Truck Enterprises, Inc. (Filing & Administrative fee $ 400.,receipt #0423-2828005), filed by Volvo Group North America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part 1, #6 Exhibit 5, Part 2, #7 Exhibit 5, Part 3, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, Part 1, #15 Exhibit 12, Part 2, #16 Civil Cover Sheet)(sas) |
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