Armacell LLC v. Bailey Sales & Associates Inc
| Armacell LLC |
| Bailey Sales & Associates Inc |
| 2:2019cv00506 |
| April 8, 2019 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 35 LETTER from Clerk to counsel re: receipt of case from the Eastern District of North Carolina and advising of WAWD case number and judge assignment. (SNP) |
| Filing 34 Case transferred in from the Eastern District of North Carolina, Case Number 5:18-cv-00408. |
| Judge Ricardo S. Martinez added. (SNP) |
| ***Motion terminated: #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim). (See #35 Letter from the Clerk) (SWT) |
Filing 33
ORDER granting #13 Motion to Transfer Case. This action is herebyTRANSFERRED to the United States District Court for the Western District of Washington. Signed by District Judge James C. Dever III on 4/5/2019. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Motion Submitted to District Judge James C. Dever III regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim), #13 MOTION to Transfer Case to the Western District of Washington. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| Filing 32 Proposed Order regarding #13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Tyrrell, Matthew) [Transferred from nced on 4/8/2019.] |
| Filing 31 REPLY to Response to Motion regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim) filed by Armacell, LLC. (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Filing 30 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim) filed by Armacell, LLC. (Attachments: #1 Text of Proposed Order) (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #30 Consent MOTION for Extension of Time to File Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim). (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| TEXT ORDER granting Plaintiff's Consent Motion for Extension of Time #30 . For good cause shown, it is ordered that Plaintiff shall have up to and including December 21, 2018, within which to file its reply in support of the Motion to Dismiss #18 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/12/2018. (Hockaday, A.) [Transferred from nced on 4/8/2019.] |
| Filing 29 RESPONSE in Opposition regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim) filed by Bailey Sales & Associates, Inc.. (Tyrrell, Matthew) [Transferred from nced on 4/8/2019.] |
| Filing 28 REPLY to Response to Motion regarding #13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Tyrrell, Matthew) [Transferred from nced on 4/8/2019.] |
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Filing 27
ORDER granting #24 Motion for Extension of Time to File Response/Reply regarding #13 MOTION to Transfer Case to the Western District of Washington, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim). The time within which Defendant may (1) file a reply in support of Defendant's motion to transfer and (2) file a response to Plaintiffs motion to dismiss Defendant's counterclaim is hereby extended up to and including December 3, 2018. Signed by District Judge James C. Dever III on 11/30/2018. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Filing 26 Notice of Special Appearance for non-district by Daniel E. Beederman on behalf of Bailey Sales & Associates, Inc.. (Beederman, Daniel) [Transferred from nced on 4/8/2019.] |
| Filing 25 Notice of Special Appearance for non-district by Matthew P. Tyrrell on behalf of Bailey Sales & Associates, Inc.. (Tyrrell, Matthew) [Transferred from nced on 4/8/2019.] |
| Filing 24 Second MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim), #13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Motion Submitted to District Judge James C. Dever III regarding #24 Second MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim), #13 MOTION to Transfer Case to the Western District of Washington. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
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Filing 23
ORDER granting #22 Motion for Extension of Time. The parties shall hold their Rule 26(t) conference within 14 days of this Court's resolution of Defendant's Motion to Transfer Venue to the Western District of Washington (ECF No. 13) and Armacell's Motion to Dismiss Counterclaim (ECF No. 18). Signed by District Judge James C. Dever III on 11/20/2018. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Motion Submitted to District Judge James C. Dever III regarding #22 Joint MOTION for Extension of Time (2nd Extension of Time to Hold Rule 26(f) Conference). (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| Filing 22 Joint MOTION for Extension of Time (2nd Extension of Time to Hold Rule 26(f) Conference) filed by Armacell, LLC. (Attachments: #1 Text of Proposed Order) (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #21 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim), #13 MOTION to Transfer Case to the Western District of Washington. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| TEXT ORDER granting Defendant's Motion for Extension of Time #21 . For good cause shown and with the consent of Plaintiff, it is ordered that Defendant shall have up to and including November 28, 2018, within which to respond to the Motion to Dismiss #18 and to reply in support of the Motion to Transfer Case #13 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/16/2018. (Hockaday, A.) [Transferred from nced on 4/8/2019.] |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim), #13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 20 RESPONSE in Opposition regarding #13 MOTION to Transfer Case to the Western District of Washington filed by Armacell, LLC. (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim) filed by Armacell, LLC. (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( #10 Counterclaim) filed by Armacell, LLC. (Attachments: #1 Text of Proposed Order) (Millen, Pressly) Modified on 11/2/2018- added docket entry relationship. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
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Filing 17
ORDER granting #16 Motion for Extension of Time to hold the 26(f) conference. The time within which the parties may hold their Rule 26(f) conference is extended up to and including November 16, 2018. Signed by District Judge James C. Dever III on 10/29/2018. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Motion Submitted to District Judge James C. Dever III regarding #16 Joint MOTION for Extension of Time to hold Rule 26(f) Conference. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| Filing 16 Joint MOTION for Extension of Time to hold Rule 26(f) Conference filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time for Rule 26(f) Conference) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 15 Declaration regarding #13 MOTION to Transfer Case to the Western District of Washington by Bailey Sales & Associates, Inc. filed by Bailey Sales & Associates, Inc.. (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 14 Memorandum in Support regarding #13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Exhibit Judicial Caseload Profile) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 13 MOTION to Transfer Case to the Western District of Washington filed by Bailey Sales & Associates, Inc.. (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 12 Consent MOTION for Extension of Time to File Response/Reply as to #10 Answer to Complaint (Notice of Removal),, Counterclaim, filed by Armacell, LLC. (Attachments: #1 Text of Proposed Order) (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 Consent MOTION for Extension of Time to File Response as to #10 Answer to Complaint (Notice of Removal), Counterclaim. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| TEXT ORDER granting Armacell, LLCs Consent Motion forExtension of Time to Respond to Defendant/Counter-Plaintiff Bailey Sales & Associates, Inc.'s Counterclaims #12 . For good cause shown, it is ordered that Armacell, LLC shall have up to and including November 2, 2018, within which to respond to the Counterclaims #10 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/12/2018. (Hockaday, A.) [Transferred from nced on 4/8/2019.] |
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Filing 11
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 9/28/2018. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Filing 10 ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM against Armacell, LLC by Bailey Sales & Associates, Inc.. (Attachments: #1 Exhibit Ex 1 - Letter from Armacell, #2 Exhibit Ex 2 - Armacell-Bailey Contract) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
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Filing 9
ORDER granting #5 Motion for Extension of Time to Answer. Bailey Sales & Associates, Inc. answer due 9/28/2018. Signed by Peter A. Moore, Jr., Clerk of Court on 8/24/2018. (Sellers, N.) [Transferred from nced on 4/8/2019.]
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| Filing 8 Financial Disclosure Statement by Armacell, LLC identifying Corporate Parent Armacell International S.A. (Luxembourg), Corporate Parent Ultima Holding Limited (UK), Corporate Parent Ultima Acquisition GB Limited (UK), Corporate Parent Armacell Insulation UK Holding Limited (UK), Corporate Parent Armacell UK Limited (UK), Corporate Parent Armacell Insulation United States Holding Inc. (USA), Corporate Parent Insulation United States Holdings, LLC (USA), Corporate Parent Armacell United States Holdings, LLC (USA) for Armacell, LLC. (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Filing 7 Notice of Appearance filed by Samuel Batiste Hartzell on behalf of Armacell, LLC. (Hartzell, Samuel) [Transferred from nced on 4/8/2019.] |
| Filing 6 Notice of Appearance filed by Pressly M. Millen on behalf of Armacell, LLC. (Millen, Pressly) [Transferred from nced on 4/8/2019.] |
| Filing 5 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #5 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. (Sellers, N.) [Transferred from nced on 4/8/2019.] |
| Filing 4 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's counsel Pressly M. Millen and Samuel B. Hartzell of Womble Bond Dickinson (US) LLP at 555 Fayetteville Street, Suite 1100, Raleigh, North Carolina 27601 mailed via US Mail on August 23, 2018. (Rudd, D.) [Transferred from nced on 4/8/2019.] |
| Filing 3 Financial Disclosure Statement by Bailey Sales & Associates, Inc. (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 2 Notice of Appearance filed by John Anthony Zaloom on behalf of Bailey Sales & Associates, Inc.. (Zaloom, John) [Transferred from nced on 4/8/2019.] |
| Filing 1 NOTICE OF REMOVAL by Bailey Sales & Associates, Inc. from Wake County Superior Court, case number 18-CVS-9053. ( Filing fee $ 400 receipt number 0417-4629222), filed by Bailey Sales & Associates, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Removal Cover Sheet, #3 Ex 3 2013 Armacell Removal, #4 Ex 4 2017 Armacell Financial Disclosure, #5 Ex 5 State Civil Cover Sheet, #6 Ex 6 State Summons, #7 Ex 7 Complaint, #8 Ex 8 State Affidavit of Service, #9 Ex 9 Copy of Notice to State Court) (Zaloom, John) [Transferred from nced on 4/8/2019.] |
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