The Wuster v. Jia Dyi Enterprise Co., Ltd. et al

Georgia Northern District Court
Judge:Amy Totenberg
Case #: 1:16-cv-00890
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Contract
Case Filed:Mar 21, 2016
Terminated:Jun 22, 2016
Last checked: Saturday Sep 17, 2016 6:16 AM EDT
Defendant
Apex Global Trading Co., Ltd.
Defendant
Jia Dyi Enterprise Co., Ltd.
Defendant
Lone Wolf Distributors, Inc.
Represented By
Erika C. Birg
Nelson Mullins Riley & Scarborough, Llp-Atl
contact info
Lucas Allen Westby
Nelson Mullins Riley & Scarborough, Llp-Atl
contact info
Defendant
Palco Marketing, Inc.
Represented By
Kenton Jones Coppage
Smith, Moore, Leatherwood, LLP
contact info
Kendal B. Reed
Anderson Tobin, PLLC
contact info
Defendant
Spartan Imports
Defendant
WE Tactical Training Ltd., Co.
Defendant
Ye Kai Enterprise Co., Ltd.
Plaintiff
The Wuster
Represented By
Kelly O. Wallace
Wellborn & Wallace, LLC
contact info
Jamie Ponder Woodard
Jamie O. Woodard, Esq.
contact info
TERMINATED PARTIES
Defendant
KWA Performance Industries, Inc.
Terminated: 05/12/2016


Docket last updated: 9 hours ago
Monday, October 03, 2016
43 43 appeal USCA Order Mon 10/03 2:49 PM
Certified copy of ORDER of USCA DISMISSING38 Notice of Appeal filed by The Wuster for want of prosecution because the Appellant failed to file CORRECTED appendix within the time fixed by the rules; Motion for extension to file response to motion filed by Appellant The Wuster is DENIED AS MOOT; Motion for sanctions filed by Appellee Lone Wolf Distributors, Inc., is DENIED AS MOOT. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-14826 AA. (kac)
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Wednesday, July 20, 2016
appeal Appeal Record Certified Wed 07/20 2:08 PM
Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re:38 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-14826 AA. The entire record on appeal is available electronically. (kac)
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Wednesday, July 13, 2016
42 42 appeal USCA Acknowledgment Wed 07/13 11:03 AM
USCA Acknowledgment of38 Notice of Appeal filed by The Wuster. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-14826 AA. (kac)
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Tuesday, July 12, 2016
41 41 appeal Documents forwarded to USCA Tue 07/12 11:33 AM
Forwarded docket sheets reflecting Payment of Appeal Fees to USCA re:38 Notice of Appeal filed by The Wuster. Case Appealed to USCA - 11th Circuit. USCA Case Number 00-00000 00. (kac)
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Friday, July 08, 2016
appeal Payment of Appeal Fees online Fri 07/08 7:08 AM
Payment of Appeal Fees re38 Notice of Appeal by The Wuster. Filing fee $ 505, receipt number 113E-6556849. (Woodard, Jamie)
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Friday, June 24, 2016
40 40 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Fri 06/24 8:53 AM
Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Orders and Docket Sheet to US Court of Appeals re:38 Notice of Appeal. (kac)
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39 39 notice Notice of Filing Fri 06/24 8:50 AM
NOTICE Of Filing Appeal Transmission Letter by The Wuster re:38 Notice of Appeal. (kac)
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38 38 appeal Notice of Appeal Fri 06/24 8:26 AM
NOTICE OF APPEAL as to37 Clerk's Judgment,36 Order on Motion to Dismiss for Failure to State a Claim,,, by The Wuster. Transcript Order Form due on 7/8/2016 (Woodard, Jamie)
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Wednesday, June 22, 2016
37 37 misc Judgment - Clerk Thu 06/23 8:16 AM
CLERK'S JUDGMENT DISMISSING this civil action. (jtj)
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36 36 order Order on Motion to Dismiss for Failure to State a Claim Thu 06/23 8:10 AM
ORDER GRANTING13 and27 Motions to Dismiss. The case is DISMISSED WITHOUT PREJUDICE. The Wuster is free to re-file its contribution and indemnity claims when they are ripe, taking care, when it does, to sufficiently allege jurisdiction. The Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 6/22/2016. (jtj)
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utility Terminate Civil Case Thu 06/23 8:17 AM
Civil Case Terminated. (jtj)
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Friday, June 17, 2016
35 35 respm Response in Opposition to Motion Fri 06/17 6:14 PM
RESPONSE in Opposition re27 MOTION to Dismiss filed by The Wuster.(Woodard, Jamie)
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Att: 1 Exhibit A - Declaration of Jamie P. Woodard,
Att: 2 Exhibit B - Declaration of Kent Wu,
Att: 3 Exhibit C - Order on Motion to Dismiss for Lack of Personal Jurisdiction in Related Case,
Att: 4 Exhibit D - Order on Motion to Amend in Related Case
Friday, June 10, 2016
34 34 notice Certificate of Counsel Fri 06/10 1:39 PM
CERTIFICATE of Compliance re15 Order, by Kenton Jones Coppage on behalf of Palco Marketing, Inc. (Coppage, Kenton) Modified on 6/10/2016 to edit event text (bnw)
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Thursday, June 09, 2016
33 33 order Order on Application for Admission Pro Hac Vice Thu 06/09 1:14 PM
ORDER GRANTING26 Application of KENDAL B. REED for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 6/09/2016. (jtj)
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Wednesday, June 08, 2016
32 32 notice Notice (Other) Wed 06/08 2:22 PM
NOTICE by The Wuster re1 Complaint, of Receipt of Responsive Paper from Defendant Jia Dyi Enterprise Co., Ltd.(Woodard, Jamie)
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Att: 1 Exhibit A - Responsive Paper From Defendant
31 31 notice Certificate of Counsel Wed 06/08 2:11 PM
CERTIFICATE of Counsel re15 Order, by Jamie Ponder Woodard on behalf of The Wuster (Woodard, Jamie)
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30 30 service Certificate of Service Wed 06/08 2:08 PM
CERTIFICATE OF SERVICE filed by The Wuster of Defendant Jia Dyi Enterprise Co., Ltd.(Woodard, Jamie)
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Att: 1 Exhibit A - Proof of Service
29 29 misc Certificate of Interested Persons Wed 06/08 2:05 PM
Certificate of Interested Persons by The Wuster. (Woodard, Jamie)
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Tuesday, June 07, 2016
28 28 misc Certificate of Interested Persons Tue 06/07 1:35 PM
Certificate of Interested Persons and Corporate Disclosure Statement by Palco Marketing, Inc. identifying Corporate Parent Cybergun International, S.A. for Palco Marketing, Inc.. (Coppage, Kenton)
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Monday, June 06, 2016
misc Approval of Application for Admission PHV Mon 06/06 12:46 PM
APPROVAL by Clerks Office re:26 APPLICATION for Admission of KENDAL B. REED Pro Hac Vice (Application fee $ 150, receipt number 113E-6464823). Attorney Kendal B. Reed added appearing on behalf of Palco Marketing, Inc. (pb)
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Friday, June 03, 2016
27 27 motion Dismiss Fri 06/03 1:09 PM
MOTION to Dismiss with Brief In Support by Palco Marketing, Inc..(Coppage, Kenton)
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Att: 1 Brief
Thursday, May 19, 2016
26 26 motion Application for Admission Pro Hac Vice Thu 05/19 3:46 PM
APPLICATION for Admission of KENDAL B. REED Pro Hac Vice (Application fee $ 150, receipt number 113E-6464823)by Palco Marketing, Inc..(Coppage, Kenton)
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Att: 1 Text of Proposed Order
25 25 respm Reply to Response to Motion Thu 05/19 2:37 PM
REPLY to Response to Motion re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lone Wolf Distributors, Inc.. (Birg, Erika)
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utility Submission to District Judge Thu 05/19 9:53 AM
Submission of13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Amy Totenberg. (jtj)
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Thursday, May 12, 2016
24 24 order Order on Motion for Extension of Time to Answer Thu 05/12 12:46 PM
ORDER GRANTING23 Motion for Extension of Time to Answer1 Complaint. The time within which Palco may appear by answer or motion is extended to June 3, 2016. Signed by Judge Amy Totenberg on 5/12/2016. (jtj)
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23 23 motion Extension of Time to File Answer to Complaint Thu 05/12 12:21 PM
Joint MOTION for Extension of Time to File Answer re1 Complaint, through and including June 3, 2016, by Palco Marketing, Inc..(Coppage, Kenton)
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Att: 1 Text of Proposed Order
misc Clerks Entry of Dismissal Thu 05/12 8:06 AM
Clerk's Entry of Dismissal APPROVING22 Notice of Voluntary Dismissal Without Prejudice as to KWA Performance Industries, Inc. only pursuant to Fed.R.Civ.P.41(a)(1)(i). (jtj)
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utility Submission to District Judge Thu 05/12 12:29 PM
Submission of23 Joint MOTION for Extension of Time to File Answer re1 Complaint, through and including June 3, 2016, , submitted to District Judge Amy Totenberg. (jtj)
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Wednesday, May 11, 2016
22 22 notice Notice of Voluntary Dismissal Wed 05/11 1:46 PM
NOTICE of Voluntary Dismissal of Defendant KWA Performance Industries, Inc. filed by The Wuster (Woodard, Jamie)
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Sunday, May 01, 2016
21 21 respm Response in Opposition to Motion Sun 05/01 6:05 AM
RESPONSE in Opposition re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Wuster.(Woodard, Jamie)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A - Declaration of Kent Wu,
Att: 3 Exhibit B - Declaration of Jamie P. Woodard, Esq.,
Att: 4 Exhibit C - Order in Underlying Litigation on Personal Jurisdiction,
Att: 5 Exhibit D - Order in Underlying Litigation on Motion to Amend
Tuesday, April 26, 2016
20 20 notice Certificate of Counsel Tue 04/26 5:21 PM
CERTIFICATE of Counsel (Certificate of Compliance) by Lucas Allen Westby on behalf of Lone Wolf Distributors, Inc. (Westby, Lucas)
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19 19 misc Leave of Absence Tue 04/26 5:19 PM
Request for Leave of Absence for the following date(s): June 1-6, 2016, by Erika C. Birg. (Birg, Erika)
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18 18 notice Certificate of Counsel Tue 04/26 5:17 PM
CERTIFICATE of Counsel (Certificate of Compliance) by Erika C. Birg on behalf of Lone Wolf Distributors, Inc. (Birg, Erika)
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17 17 order Order on Motion for Extension of Time to Answer Tue 04/26 12:45 PM
ORDER GRANTING16 Motion for Extension of Time. The time within which KWA may appear by answer or motion is extended by a period of 30 days. Signed by Judge Amy Totenberg on 4/26/2016. (jtj)
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utility Submission to District Judge Tue 04/26 9:37 AM
Submission of16 Joint MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj)
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Monday, April 25, 2016
16 16 motion Extension of Time Mon 04/25 8:17 PM
Joint MOTION for Extension of Time Appear by Answer or Motion re:1 Complaint, by The Wuster.(Woodard, Jamie)
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Att: 1 Text of Proposed Order
Wednesday, April 20, 2016
15 15 order Order Wed 04/20 4:49 PM
STANDING ORDER: Guidelines to Parties and Counsel In Cases Proceeding Before The Honorable Amy Totenbert. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. Signed by Judge Amy Totenberg on 4/20/2016. (tcc)
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Monday, April 18, 2016
14 14 notice Notice of Appearance Mon 04/18 10:40 AM
NOTICE of Appearance by Lucas Allen Westby on behalf of Lone Wolf Distributors, Inc. (Westby, Lucas)
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Friday, April 15, 2016
13 13 motion Dismiss for Failure to State a Claim Fri 04/15 2:16 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Lone Wolf Distributors, Inc..(Birg, Erika)
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Att: 1 Brief
Monday, April 11, 2016
12 12 service Affidavit of Service Mon 04/11 12:04 PM
Return of Service Executed by The Wuster. Lone Wolf Distributors, Inc. served on 3/27/2016. Answer due 4/17/2016. (Woodard, Jamie) Modified on 4/11/2016 to reflect e-filed document. (jtj)
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11 11 service Affidavit of Service Mon 04/11 12:02 PM
Return of Service Executed by The Wuster. KWA Performance Industries, Inc. served on 4/05/2016. Answer due 4/26/2016. (Woodard, Jamie) Modified on 4/11/2016 to reflect e-filed document. (jtj)
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Thursday, March 24, 2016
10 10 service Electronic Summons Issued Thu 03/24 12:51 PM
Electronic Summons Issued as to Apex Global Trading Co., Ltd., Jia Dyi Enterprise Co., Ltd., KWA Performance Industries, Inc., Lone Wolf Distributors, Inc., Palco Marketing, Inc., Spartan Imports, WE Tactical Training Ltd., Co., and Ye Kai Enterprise Co., Ltd. (jtj)
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9 9 service Proposed Summons Thu 03/24 12:13 PM
PROPOSED SUMMONS filed by The Wuster to Defendant Jia Dyi Enterprise Co., Ltd. (Woodard, Jamie)
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8 8 service Proposed Summons Thu 03/24 12:12 PM
PROPOSED SUMMONS filed by The Wuster to Defendant KWA Performance Industries, Inc. (Woodard, Jamie)
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7 7 service Proposed Summons Thu 03/24 12:11 PM
PROPOSED SUMMONS filed by The Wuster To Defendant Ye Kai Enterprise Co., Ltd. (Woodard, Jamie)
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6 6 service Proposed Summons Thu 03/24 12:09 PM
PROPOSED SUMMONS filed by The Wuster to Defendant Spartan Imports (Woodard, Jamie)
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5 5 service Proposed Summons Thu 03/24 12:08 PM
PROPOSED SUMMONS filed by The Wuster to Defendant Apex Global Trading Co., Ltd. (Woodard, Jamie)
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4 4 service Proposed Summons Thu 03/24 12:06 PM
PROPOSED SUMMONS filed by The Wuster to Defendant WE Tactical Training Ltd., Co. (Woodard, Jamie)
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3 3 service Proposed Summons Thu 03/24 12:05 PM
PROPOSED SUMMONS filed by The Wuster to Defendant Lone Wolf Distributors, Inc. (Woodard, Jamie)
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2 2 service Proposed Summons Thu 03/24 12:03 PM
PROPOSED SUMMONS filed by The Wuster to Defendant Palco Marketing, Inc. d/b/a Palco Sports (Woodard, Jamie)
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Monday, March 21, 2016
1 1 cmp Complaint Mon 03/21 3:42 PM
COMPLAINT with Jury Demand filed by The Wuster. ( Filing fee $ 400 receipt number 113E-6354974.)(rjs)
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Att: 1 Civil Cover Sheet