Lynn Properties, LLC v. JTH Tax Inc. et al
Plaintiff: Lynn Properties, LLC
Defendant: JTH Tax Inc. and Hartford Fire Insurance Company
Case Number: 3:2021cv00305
Filed: May 5, 2021
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2021 Opinion or Order Filing 25 Brief in Reply by Defendant JTH Tax Inc. in Support of #5 Motion to Dismiss (Brown, Ryan)
June 14, 2021 Opinion or Order Filing 24 Disregard. Modified on 6/14/2021. (lak)
June 11, 2021 Opinion or Order Filing 23 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions due 5/13/2022. Settlement Letters due 8/26/2022. Motions in Limine due 9/2/2022. Response to Motion due 9/16/2022. Final Pretrial Conference set for 9/28/2022 at 04:00 PM. Jury Selection and Trial set for 10/11/2022 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 6/11/2021. (rks)
June 11, 2021 Opinion or Order Filing 22 ** TEXT ONLY ORDER **ORDER granting #20 Motion for Plaintiff's Brief and Declaration to Apply to Hartford Fire Insurance Company's Motion to Dismiss. Defendant's reply deadline is extended to June 21, 2021. Signed by Magistrate Judge Stephen L. Crocker on 6/11/2021. (rks)
June 11, 2021 Opinion or Order Filing 21 ** TEXT ONLY ORDER **ORDER granting #18 Motion for Leave to File. Signed by Magistrate Judge Stephen L. Crocker on 6/11/2021. (rks)
June 11, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 6/10/2021 [:10] (cak)
June 10, 2021 Opinion or Order Filing 20 Motion for Plaintiff's Brief and Declaration to Apply to Hartford Fire Insurance Company's Motion to Dismiss by Plaintiff Lynn Properties, LLC. Response due 6/17/2021. (Smiley, William) Modified on 6/10/2021. (lak)
June 10, 2021 Opinion or Order Filing 19 Declaration of Richard D. Lynn filed by Plaintiff Lynn Properties, LLC re: #5 Motion to Dismiss (Attachments: #1 Exhibit Exhibit A Copy of Letter from JTH to Plaintiff) (Smiley, William)
June 10, 2021 Opinion or Order Filing 18 Motion for Leave to File by Plaintiff Lynn Properties, LLC. (Smiley, William)
June 7, 2021 Opinion or Order Filing 17 Joint Discovery Plan (Brown, Ryan)
May 27, 2021 Opinion or Order Filing 16 ** TEXT ONLY ORDER **ORDER granting #15 Motion to Join #5 MOTION TO DISMISS. Signed by Magistrate Judge Stephen L. Crocker on 5/27/2021. (rks)
May 26, 2021 Opinion or Order Filing 15 Motion to Join #5 MOTION TO DISMISS by Defendant Hartford Fire Insurance Company. (Toy, April)
May 26, 2021 Opinion or Order Filing 14 Corporate Disclosure Statement by Defendant Hartford Fire Insurance Company. (Toy, April)
May 20, 2021 Opinion or Order Filing 13 Corporate Disclosure Statement by Plaintiff Lynn Properties, LLC. (Smiley, William)
May 20, 2021 Opinion or Order Filing 12 Declaration of Richard D. Lynn filed by Plaintiff Lynn Properties, LLC re: #5 Motion to Dismiss (Attachments: #1 Exhibit Exhibits a to h) (Smiley, William) (Additional attachment(s) added on 5/21/2021: #2 Exhibit A - Plaintiff's Quick Books Records, #4 Exhibit B - Check from Liberty Tax for Rent, #5 Exhibit C - Plaintiff's Bank Statement Showing Two Rent Payments, #6 Exhibit D - Plaintiff's Bank Statement Showing Rent Payment in February, 2019, #7 Exhibit E - Plaintiff's Bank Statement Showing Rent Payment in March, 2019, #8 Exhibit F - Plaintiff's Bank Statement Showing Rent Payment in April 2019, #9 Exhibit G - Notice of Non Renewal of Lease, #10 Exhibit H - Mail Confirming Lease Ends on April 30, 2021, #11 Certificate of Service) (lak)
May 20, 2021 Opinion or Order Filing 11 Brief in Opposition by Plaintiff Lynn Properties, LLC re: #5 Motion to Dismiss filed by JTH Tax Inc. (Attachments: #1 Disregard. Exhibits attached separately and described to #11 Declaration) (Smiley, William) Modified on 5/21/2021. (lak)
May 19, 2021 Opinion or Order Filing 10 ** TEXT ONLY ORDER ** In response to this court's previous order (dkt. #8 ), defendant JTH Tax, Inc. has filed an amended notice of removal (dkt. #9 ). The court is satisfied that defendant has now adequately alleged that there is complete diversity of citizenship and the amount in controversy is greater than $75,000, so the court will exercise jurisdiction under 28 U.S.C. 1332 barring contradictory evidence. Signed by District Judge William M. Conley on 5/19/2021. (rks)
May 17, 2021 Opinion or Order Filing 9 Response to #8 Order Regarding Jurisdiction/Amended Notice of Removal by Defendant JTH Tax Inc. (Attachments: #1 Exhibit 1- State Court Complaint, #2 Exhibit 2 - Proof of Service, #3 Exhibit 3 - Email Chain, #4 Exhibit 4 - D&B Market Identified) (Brown, Ryan) Modified on 5/18/2021. (lak)
May 14, 2021 Opinion or Order Filing 8 ORDER Regarding Jurisdiction. Proof of Diversity of Citizenship due 5/28/2021. Signed by District Judge William M. Conley on 5/14/2021. (rks)
May 13, 2021 Opinion or Order Filing 7 Declaration of Witness Dan Brashier filed by Defendant JTH Tax Inc. re: #5 Motion to Dismiss (Attachments: #1 Exhibit A - Verification of keys returned) (Brown, Ryan) Modified on 5/13/2021: Added exhibit description. E-mail sent to counsel. (lak)
May 13, 2021 Opinion or Order Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 6/10/2021 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (rks)
May 12, 2021 Opinion or Order Filing 6 Brief in Support of #5 Motion to Dismiss by Defendant JTH Tax Inc. (Attachments: #1 Disregard.) (Brown, Ryan) Modified on 5/13/2021: E-mail sent to counsel. (lak)
May 12, 2021 Opinion or Order Filing 5 MOTION TO DISMISS by Defendant JTH Tax Inc.. Brief in Opposition due 6/2/2021. Brief in Reply due 6/14/2021. (Brown, Ryan)
May 11, 2021 Opinion or Order Filing 4 ANSWER with Jury Demand by Defendant Hartford Fire Insurance Company. (Toy, April)
May 11, 2021 Opinion or Order Filing 3 Notice of Appearance filed by April Katheryn Toy for Defendant Hartford Fire Insurance Company. (Toy, April)
May 6, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by Defendant JTH Tax Inc.. (Brown, Ryan)
May 6, 2021 Opinion or Order Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (rks)
May 6, 2021 Opinion or Order Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks)
May 5, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from State of Wisconsin, Circuit Court, Columbia County, case number 2021CV000040. ( Filing fee $ 402 receipt number 0758-2870870), filed by JTH Tax, Inc. (Attachments: #1 State Court Summons, Complaint and Exhibits, #2 Service of Process Transmittal and State Court Summons, #3 Email Chain, #4 JS-44 Civil Cover Sheet) (Brown, Ryan) Modified on 5/5/2021. (lak)

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Defendant: JTH Tax Inc.
Represented By: Ryan Thomas Brown
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Defendant: Hartford Fire Insurance Company
Represented By: April Katheryn Toy
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Plaintiff: Lynn Properties, LLC
Represented By: William A. Smiley
Represented By: William Allen Smiley, 3rd
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