Case number 1:21-cv-00356
VERELLEN, INC. v. ARHAUS, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 22, 2022 | 32 | STIPULATION of Dismissal by VERELLEN, INC.. (HYLARIDES, DONAVAN) (Entered: 11/22/2022) (2) |
| May 27, 2022 | 31 | Report of Mediation (1) Docket Text: REPORT OF MEDIATOR from Rene Stemple Trehy - Mediation Held on 4/17/2022. (IMPASSE) (Bond, Melisa) |
| May 26, 2022 | 30 | Text of Proposed Order (1) |
| May 26, 2022 | 30 | Main Document (3) Docket Text: Joint MOTION for Extension of Time to Complete Discovery by VERELLEN, INC.. (Attachments: # (1) Text of Proposed Order)(HYLARIDES, DONAVAN) |
| May 26, 2022 | N/A | Order on Motion for Extension of Time to Complete Discovery (0) Docket Text:TEXT ORDER granting in part [30] Joint Motion to Extend Discovery Deadline. Via Text Order dated 09/13/2021, the Court (per the issuing Magistrate Judge) adopted [18] Amended Joint Rule 26(f) Report (with one minor clarification), which adoption established a discovery deadline of 03/14/2022 (as elected by the parties). Via Text Order dated 01/14/2022, the Court (per the issuing Magistrate Judge) granted [26] Consent Motion to Extend Discovery Deadlines, which (inter alia) extended the discovery deadline to 06/14/2022 (as requested by the parties). In reliance on that (extended) deadline, the Clerk (via [29] Notice dated 02/22/2022) set this case for trial on 04/03/2023, with final pretrial filings due from 03/03/2023 through 03/17/2023. In [30] Joint Motion (filed on 05/26/2022), the parties now have requested a further extension of the discovery deadline to 09/16/2022, apparently because they decided to defer discovery activity for several months in an expense-avoidance strategy in advance of a (what-proved-to-be-unsuccessful) mediation on 05/17/2022. Although the Court appreciates the wisdom of avoiding potentially unnecessary expense in the immediate run-up to mediation, on the record presented, the Court cannot find good cause for a discovery deadline extension of the length requested in [30] Joint Motion. In particular, the parties have not shown that they exercised adequate diligence in scheduling a mediation closer in time to the prior discovery deadline extension granted by the Court, such that adequate time would have remained to complete necessary discovery under the existing schedule (or at least without need for another lengthy extension of the discovery deadline) in the event (as ultimately occurred) the mediation did not succeed. The Court further notes that, under the existing briefing and time calculation rules, granting the parties' requested discovery deadline extension would push the close of summary judgment briefing back to 11/30/2022, leaving the Court only three months to resolve such matters ahead of the final pretrial filing deadlines. The Court deems such compression of the schedule unwise, for reasons stated in Qayumi v. Duke Univ., No. 1:16CV1038, 2017 WL 6626193, at *3 (M.D.N.C. Dec. 28, 2017) (unpublished) (Eagles, J.). Accordingly, to balance the parties' need for some additional time to complete discovery against the need to maintain adequate time for resolution of summary judgment motions prior to the final pretrial filing period, the Court adopts the following deadlines: (1) the parties shall complete discovery by 08/15/2022; (2) the parties shall file any dispositive motions by 09/06/2022; (3) the parties shall file any response(s) to any timely filed dispositive motions by 09/27/2022; and (4) the parties may file any reply(ies) to any such timely filed response(s) by 10/07/2022. Issued by MAG/JUDGE L. PATRICK AULD on 05/26/2022. (AULD, L.) |
| May 26, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [30] Joint MOTION for Extension of Time to Complete Discovery , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Feb 22, 2022 | 29 | Notice of Master Calendar Hearing (1) Docket Text: NOTICE of Hearing: Master Trial Calendar: APRIL Jury Trial set for 4/3/2023 AT 09:30 AM in Unassigned Courtroom. Trial briefs, etc. deadline set for 3/13/2023.(Blay, Debbie) |
| Jan 21, 2022 | 28 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney ALEXANDER J. ELMES on behalf of Defendants ARHAUS, LLC, TB ARHAUS, LLC (ELMES, ALEXANDER) |
| Jan 20, 2022 | 27 | Response to Motion (1) Docket Text: RESPONSE and status report filed by Defendants ARHAUS, LLC, TB ARHAUS, LLC re [25] Statement filed by VERELLEN, INC. filed by ARHAUS, LLC, TB ARHAUS, LLC. (SANTANIELLO, ANDREW) |
| Jan 14, 2022 | N/A | Order on Motion for Extension of Time to Complete Discovery (0) Docket Text:TEXT ORDER granting [26] Consent Motion to Extend Discovery Deadlines. The parties shall complete all discovery by 06/14/2022. Reports of experts summarizing opinions or other evidence that will, or may, be introduced by the retaining party in support of a claim or defense that the retaining party bears the burden of proving shall be served by 04/13/2022. Reports of experts summarizing opinions or other evidence that will, or may, be introduced by the retaining party in opposition to or rebuttal of a claim or defense that the opposing party bears the burden of proving shall be served by 05/16/2022. Issued by MAG/JUDGE L. PATRICK AULD on 01/14/2022. (AULD, L.) |
| Jan 14, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [26] Consent MOTION for Extension of Time to Complete Discovery , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Jan 13, 2022 | 26 | Text of Proposed Order (1) |
| Jan 13, 2022 | 26 | Main Document (3) Docket Text: Consent MOTION for Extension of Time to Complete Discovery by VERELLEN, INC.. (Attachments: # (1) Text of Proposed Order)(HYLARIDES, DONAVAN) |
| Jan 13, 2022 | 25 | Affidavit of Donavan Hylarides (3) |
| Jan 13, 2022 | 25 | Affidavit of Scott Wyatt (4) |
| Jan 13, 2022 | 25 | Main Document (3) Docket Text: STATEMENT re Order on Motion to Compel Discovery,,,,,,,,, of Expenses by Plaintiff VERELLEN, INC.. (Attachments: # (1) Affidavit of Scott Wyatt, # (2) Affidavit of Donavan Hylarides)(WYATT, SCOTT) |
| Jan 6, 2022 | N/A | Order on Motion to Compel Discovery (0) Docket Text:TEXT ORDER granting [22] Motion to Compel Discovery Responses. Defendants did not file a timely response to [22] Motion. Accordingly, pursuant to Local Rule 7.3(k), the Court treats [22] Motion as unopposed and generally subject to granting as a matter of course. The Court further finds no reason to depart from that general rule, but instead finds (based on the record and the applicable legal standards) that Plaintiff has shown entitlement to the requested relief. As a result: (1) on or before 01/13/2022, Defendants shall serve Plaintiff with full and complete responses to the First Requests for Production of Documents and First Set(s) of Interrogatories in [22-1] Exhibit A, with any failure of Defendants to comply with this order resulting in the imposition of sanctions under Federal Rule of Civil Procedure 37(b)(2)(A) and (C); and (2) Defendants shall pay Plaintiff its reasonable expenses, including attorney's fees, incurred in bringing [22] Motion, as determined by the Court after an opportunity for Defendants to be heard as to the reasonableness of the amount of such reasonable expenses. As to that latter matter: (A) on or before 01/13/2022, Plaintiff shall file a statement of its reasonable expenses, including attorney's fees, incurred in bringing [22] Motion, with any failure to comply with this order resulting in a waiver of Plaintiff's entitlement to payment of any expenses; (B) on or before 01/20/2022, Defendants shall file any objections to the amount of expenses claimed in the statement filed by Plaintiff (via memorandum of no more than three pages, excluding any attachments), along with a certification that Defendants conferred in good faith with Plaintiff about any such objections before filing them, with any failure by Defendants to comply with this order resulting in the waiver of Defendants' entitlement to contest the reasonableness of any expenses claimed by Plaintiff in its statement; and (C) on or before 01/27/2022, Plaintiff shall file any response to any such objections timely filed by Defendants (via memorandum of no more than three pages, excluding any attachments), with any failure to comply with this order resulting in the waiver of any entitlement to any payment of expenses contested by Defendants as unreasonable. Issued by MAG/JUDGE L. PATRICK AULD on 01/06/2022. (AULD, L.) |
| Jan 6, 2022 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [22] MOTION to Compel Discovery , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Dec 28, 2021 | 24 | Notice (Other) (2) Docket Text: NOTICE by VERELLEN, INC. re [22] MOTION to Compel Discovery Certificate of Word Count (HYLARIDES, DONAVAN) |
| Dec 22, 2021 | 23 | Brief (6) Docket Text: BRIEF re [22] MOTION to Compel Discovery . (HYLARIDES, DONAVAN) |
| Dec 22, 2021 | 22 | Exhibit C - Emails re LR37.1 Conference (5) |
| Dec 22, 2021 | 22 | Exhibit B - Email Confirmation (2) |
| Dec 22, 2021 | 22 | Exhibit A - Discovery Requests (30) |
| Dec 22, 2021 | 22 | Main Document (5) Docket Text: MOTION to Compel Discovery by VERELLEN, INC.. Response to Motion due by 1/5/2022 (Attachments: # (1) Exhibit A - Discovery Requests, # (2) Exhibit B - Email Confirmation, # (3) Exhibit C - Emails re LR37.1 Conference)(HYLARIDES, DONAVAN) |
| Nov 17, 2021 | N/A | Add and Terminate Attorneys (0) Docket Text: ***Attorney ANDREW J. SANTANIELLO for TB ARHAUS, LLC added. (AULD, L.) |
| Nov 17, 2021 | N/A | Order on Motion to Substitute Attorney (0) Docket Text:TEXT ORDER granting [21] Motion for Substitution of Counsel. Attorney JEREMY STEPHENSON is terminated as counsel of record for Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 11/17/2021. (AULD, L.) |
| Nov 17, 2021 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [21] MOTION to Substitute Attorney , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Nov 16, 2021 | 21 | Motion to Substitute Attorney (3) Docket Text: MOTION to Substitute Attorney by ARHAUS, LLC. (SANTANIELLO, ANDREW) |
| Sep 13, 2021 | N/A | Rule 26f (Joint) (0) Docket Text:TEXT ORDER adopting [18] Amended Joint Rule 26(f) Report with the following clarification: the deadlines in Paragraph 2 regarding service of reports from retained experts under Federal Rule of Civil Procedure 26(a)(2)(B) also apply to any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(C). Issued by MAG/JUDGE L. PATRICK AULD on 09/13/2021. (AULD, L.) |
| Sep 13, 2021 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [19] L.R. 5.5 Report-Joint filed by all parties, [18] Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Sep 13, 2021 | N/A | Order on Motion for L.R. 5.5 Report-Joint (0) Docket Text:TEXT ORDER adopting [19] Local Rule 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 09/13/2021. (AULD, L.) |
| Sep 13, 2021 | N/A | Mediation Scheduling Order (0) Docket Text: MEDIATION SCHEDULING ORDER; Mediation due by 3/14/2022. (Bond, Melisa) |
| Sep 13, 2021 | 20 | Order Appointing Mediator (1) Docket Text:ORDER Appointing RENE STEMPLE TREHY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) |
| Sep 10, 2021 | 18 | Rule 26(f) Report (Joint) (4) Docket Text: Rule 26(f) Report (Joint) filed by all parties by VERELLEN, INC..(WYATT, SCOTT) |
| Sep 10, 2021 | 19 | L.R. 5.5 Report-Joint (3) Docket Text: L.R. 5.5 Report-Joint filed by all parties by VERELLEN, INC..(WYATT, SCOTT) |
| Sep 9, 2021 | 17 | Rule 26(f) Report (Joint) (4) Docket Text: Rule 26(f) Report (Joint) filed by all parties by VERELLEN, INC..(HYLARIDES, DONAVAN) Modified on 9/10/2021 requested amended report complying with L.R 5.5 (Garrett, Kim). |
| Aug 11, 2021 | 16 | Notice of Initial Pretrial Conference Hearing (1) Docket Text: NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/27/2021 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Aug 5, 2021 | 15 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant TB ARHAUS, LLC. (STEPHENSON, JEREMY) |
| Aug 5, 2021 | 14 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ARHAUS, LLC. (STEPHENSON, JEREMY) |
| Aug 5, 2021 | 13 | Answer to Amended Complaint (9) Docket Text: ANSWER to Amended Complaint by TB ARHAUS, LLC. (STEPHENSON, JEREMY) |
| Jul 19, 2021 | 12 | Answer to Amended Complaint (9) Docket Text: ANSWER to Amended Complaint AND DEFENSES TO PLAINTIFFS AMENDED COMPLAINT by ARHAUS, LLC. (STEPHENSON, JEREMY) |
| Jul 16, 2021 | 11 | Exhibit Summons (2) |
| Jul 16, 2021 | 11 | Exhibit A - Proof of Service (1) |
| Jul 16, 2021 | 11 | Main Document (3) Docket Text: AFFIDAVIT OF SERVICE as to TB ARHAUS, LLC served on 7/16/2021, answer due 8/6/2021. (Attachments: # (1) Exhibit A - Proof of Service, # (2) Exhibit Summons)(HYLARIDES, DONAVAN) |
| Jul 14, 2021 | 10 | Summons Issued (2) Docket Text: Summons Issued as to TB ARHAUS, LLC. (Sheets, Jamie) |
| Jul 6, 2021 | 9 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by attorney JEREMY STEPHENSON on behalf of Defendant ARHAUS, LLC (STEPHENSON, JEREMY) (Main Document 9 replaced on 7/6/2021 with flattened image.) (Hicks, Samantha) |
| Jun 30, 2021 | 8 | Exhibit D (3) |
| Jun 30, 2021 | 8 | Exhibit C (1) |
| Jun 30, 2021 | 8 | Exhibit B (1) |
| Jun 30, 2021 | 8 | Exhibit A (2) |
| Jun 30, 2021 | 8 | Main Document (17) Docket Text: First AMENDED COMPLAINT against defendant ARHAUS, LLC, TB Arhaus, LLC, filed by VERELLEN, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(HYLARIDES, DONAVAN) |
| May 28, 2021 | 7 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE Returned Executed by VERELLEN, INC.. ARHAUS, LLC waiver sent on 5/7/2021, answer due 7/6/2021. (HYLARIDES, DONAVAN) |
| May 11, 2021 | 6 | Consent Form (1) |
| May 11, 2021 | 6 | Main Document (1) Docket Text: Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Consent Form) (Sheets, Jamie) |
| May 11, 2021 | 5 | Summons Issued (2) Docket Text: Summons Issued as to ARHAUS, LLC. (Sheets, Jamie) |
| May 7, 2021 | 4 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff VERELLEN, INC. (HYLARIDES, DONAVAN) |
| May 7, 2021 | 3 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney DONAVAN J. HYLARIDES on behalf of Plaintiff VERELLEN, INC. (HYLARIDES, DONAVAN) |
| May 6, 2021 | 1 | Exhibit D (3) |
| May 6, 2021 | 1 | Exhibit C (1) |
| May 6, 2021 | 1 | Exhibit B (1) |
| May 6, 2021 | 1 | Exhibit A (2) |
| May 6, 2021 | 1 | Main Document (16) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0418-3043567.), filed by VERELLEN, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(WYATT, SCOTT) |
| May 6, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
| May 6, 2021 | N/A | Case Assigned (0) Docket Text: Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
