Tommy's Castaic, LLC et al v. Malibu Boats, Inc. et al
| Tennessee Eastern District Court | |
| Judge: | Katherine A Crytzer |
| Referred: | Jill E Mccook |
| Case #: | 3:24-cv-00166 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Apr 10, 2024 |
| Terminated: | Aug 19, 2024 |
| Last checked: Monday Oct 07, 2024 4:44 AM EDT |
|
Defendant
Malibu Boats, LLC
|
Represented By
|
|
Defendant
Malibu Boats, Inc.
|
Represented By
|
|
Plaintiff
Walloon Lake Village Marina, LLC
|
Represented By
|
|
Plaintiff
MKB Florida Holdings, LLC
|
Represented By
|
|
Plaintiff
Larsons Marine
|
Represented By
|
|
Plaintiff
High Country Watersports, LLC
|
Represented By
|
|
Plaintiff
Tommy's Phoenix, LLC
|
Represented By
|
|
Plaintiff
Tommy's Lewisville, LLC
|
Represented By
|
|
Plaintiff
Tommy's Las Vegas, LLC
|
Represented By
|
|
Plaintiff
Tommy's Knoxville, LLC
|
Represented By
|
|
Plaintiff
Tommy's Grand Rapids, LLC
|
Represented By
|
|
Plaintiff
Tommy's Fort Worth, LLC
|
Represented By
|
|
Plaintiff
Tommy's Detroit, LLC
|
Represented By
|
|
Plaintiff
Tommy's Chattanooga, LLC
|
Represented By
|
|
Plaintiff
Tommy's Castaic, LLC
|
Represented By
|
|
Plaintiff
Tommy's California Ventura, LLC
|
Represented By
|
| Docket last updated: 05/23/2025 11:59 PM EDT |
| Monday, August 19, 2024 | ||
| 40 | 40
2
pgs
order
Order Dismissing Case
Mon 08/19 3:39 PM
ORDER CLOSING CASE: Plaintiffs Notice of Voluntary Dismissal Without Prejudice satisfied the requirements for dismissal under Rule 41(a)(1)(A)(i) [See Doc. 39]. As such, Plaintiffs Notice was effective on July 3, 2024 when filed, and no order from this Court is required. Because no issues remain in this action, the Court DIRECTS the Clerk of Court to close the case.Signed by District Judge Katherine A Crytzer on 8/19/24. (ABF) |
|
| Thursday, August 15, 2024 | ||
|
notice
Notice of Failure to File Consent/Non-Consent
Thu 08/15 11:38 AM
NOTICE OF FAILURE TO FILE Consent/Non-Consent to Magistrate Judge as required by prior court order (ABF) |
||
| Wednesday, July 03, 2024 | ||
| 39 | 39
notice
Notice of Voluntary Dismissal
Wed 07/03 2:52 PM
NOTICE of Voluntary Dismissal of case by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC(Elbert, Philip) |
|
|
Att: 1
Other Proposed Order
|
||
| 38 | 38
notice
Notice (Other)
Wed 07/03 2:06 PM
NOTICE by Malibu Boats, Inc., Malibu Boats, LLC Notice and Certification Regarding Meet and Confer (Williams, Taylor) |
|
| Tuesday, June 25, 2024 | ||
| 37 | 37
notice
Notice (Other)
Tue 06/25 4:26 PM
NOTICE by Malibu Boats, Inc., Malibu Boats, LLC Regarding Motion to Dismiss (Williams, Taylor) |
|
| 36 | 36
1
pgs
order
Order Regarding Availability of Magistrate Judge
Tue 06/25 2:48 PM
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Katherine A Crytzer on 06/25/2024. (CAT) |
|
|
Att: 1
Other Notice of Consent/Nonconsent
|
||
| 35 | 35
order
Order on Motion for Leave to File Document Under Seal
Tue 06/25 9:53 AM
Now before the Court is Defendants' Motion to Seal Confidential Information [Doc. 33], which seeks to seal Exhibits 3 and 4 [SEALED Docs. 34, 34-1] to their motion to dismiss. For good cause shown, the Court GRANTS the motion [Doc. 33] , and Exhibits 3 and 4 [ Docs. 34, 34-1 ] SHALL REMAIN SEALED . Signed by Magistrate Judge Jill E. McCook on 6/25/2024. (This entry constitutes the complete Order of the Court.) (AGA) |
|
|
misc
Public Docket Annotation
Tue 06/25 3:30 PM
Gavel Orders, Docs. 30 and 31 mailed to attorneys Shapiro and Capone. (CAT) |
||
|
misc
Public Docket Annotation
Tue 06/25 3:33 PM
Gavel Order, Doc. 35 mailed to attorneys Shapiro, Capone, Gates, Jr. and Zdarsky. (CAT) |
||
| Monday, June 24, 2024 | ||
| 34 | 34
misc
Proposed Sealed Document
Mon 06/24 11:35 PM
SEALED Proposed Sealed Document re:33 MOTION for Leave to File Document Under Seal by Malibu Boats, Inc., Malibu Boats, LLC .(Williams, Taylor) |
|
|
Att: 1
Exhibit
|
||
| 33 | 33
motion
Leave to File Document Under Seal
Mon 06/24 11:34 PM
MOTION for Leave to File Document Under Seal by Malibu Boats, Inc., Malibu Boats, LLC. (Williams, Taylor) |
|
| 32 | 32
motion
Dismiss for Failure to State a Claim
Mon 06/24 11:33 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Malibu Boats, Inc., Malibu Boats, LLC.(Williams, Taylor) |
|
|
Att: 1
Affidavit
|
||
| 31 | 31
order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 06/24 5:43 PM
ORDER granting 29 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Jill E. McCook on 06/24/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
| 30 | 30
order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 06/24 5:42 PM
ORDER granting 28 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Jill E. McCook on 06/24/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
|
misc
Clerk's Verification of PHV Requirements
Mon 06/24 11:33 AM
Clerk's Verification of PHV Requirements is complete as to Ian Shapiro regarding document: 28 MOTION for Leave to Appear Pro Hac Vice of Ian Shapiro ( Filing fee $ 90 receipt number ATNEDC-5710311.) filed by Malibu Boats, Inc., Malibu Boats, LLC (SLM) |
||
|
misc
Clerk's Verification of PHV Requirements
Mon 06/24 11:34 AM
Clerk's Verification of PHV Requirements is complete for Russell Capone regarding document: 29 MOTION for Leave to Appear Pro Hac Vice of Russell Capone ( Filing fee $ 90 receipt number ATNEDC-5710348.) filed by Malibu Boats, Inc., Malibu Boats, LLC (SLM) |
||
| Friday, June 21, 2024 | ||
| 29 | 29
motion
Appear Pro Hac Vice
Fri 06/21 3:05 PM
MOTION for Leave to Appear Pro Hac Vice of Russell Capone ( Filing fee $ 90 receipt number ATNEDC-5710348.) by Malibu Boats, Inc., Malibu Boats, LLC.(Williams, Taylor) |
|
|
Att: 1
Other Certificate of Good Standing
|
||
| 28 | 28
motion
Appear Pro Hac Vice
Fri 06/21 3:00 PM
MOTION for Leave to Appear Pro Hac Vice of Ian Shapiro ( Filing fee $ 90 receipt number ATNEDC-5710311.) by Malibu Boats, Inc., Malibu Boats, LLC.(Williams, Taylor) |
|
|
Att: 1
Other Certificate of Good Standing
|
||
| Monday, June 17, 2024 | ||
| 27 | 27
notice
Notice of Attorney Withdrawal
Mon 06/17 3:15 PM
Notice of Attorney Withdrawal Attorney Scott D Carey and Nicholas Warren Diegel terminated. (Diegel, Nicholas) |
|
| Thursday, June 13, 2024 | ||
| 26 | 26
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 06/13 11:19 AM
ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Jill E. McCook on 06/13/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
| 25 | 25
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 06/13 11:18 AM
ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Jill E. McCook on 06/13/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
| 24 | 24
order
Order
Thu 06/13 11:14 AM
Now before the Court is the Response filed on June 10, 2024 [Doc. 20] to the Courts Show Cause Order [Doc. 11]. The Response states that the Plaintiffs lender M&T Bank, obtained an Order appointing a Receiver over Plaintiffs on April 22, 2024. Plaintiffs have since filed for bankruptcy-which has divested M&T Banks Receiver of authority to prosecute this lawsuit. Attorney Gates has filed the appropriate pro hac motion [Doc. 19]. Therefore, the Court hereby DISCHARGES its Order to Show Cause [Doc. 11]. Signed by Magistrate Judge Jill E. McCook on 06/13/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
| 23 | 23
order
Order
Thu 06/13 11:11 AM
Now before the Court is the Response filed on June 10, 2024 [Doc. 20] to the Courts Show Cause Order [Doc. 10]. The Response states that the Plaintiffs lender M&T Bank, obtained an Order appointing a Receiver over Plaintiffs on April 22, 2024. Plaintiffs have since filed for bankruptcy-which has divested M&T Banks Receiver of authority to prosecute this lawsuit. Attorney Zdarsky has filed the appropriate pro hac motion [Doc. 18]. Therefore, the Court hereby DISCHARGES its Order to Show Cause [Doc. 10]. Signed by Magistrate Judge Jill E. McCook on 06/13/2024. This entry constitutes the complete Order of the Court. (HSN) |
|
|
misc
Public Docket Annotation
Thu 06/13 2:04 PM
Gavel Orders Docs. 23-26 mailed to attorneys Christopher Zdarsky and Floyd Gates, Jr. (SLM) |
||
| Tuesday, June 11, 2024 | ||
| 22 | 22
notice
Notice of Deficiency (PDF)
Tue 06/11 11:26 AM
NOTICE of Deficiency (PDF): Attachment in fillable format. (LCK) |
|
|
misc
Clerk's Verification of PHV Requirements
Tue 06/11 11:49 AM
Clerk's Verification of PHV Requirements is complete regarding document: 18 MOTION for Leave to Appear Pro Hac Vice of Christopher J. Zdarsky ( Filing fee $ 90 receipt number ATNEDC-5699898.) filed by Tommy's Detroit, LLC, Tommy's Castaic, LLC, Walloon Lake Village Marina, LLC, Tommy's Chattanooga, LLC, Larsons Marine, Tommy's Grand Rapids, LLC, Tommy's Las Vegas, LLC, High Country Watersports, LLC, Tommy's Fort Worth, LLC, Tommy's California Ventura, LLC, Tommy's Lewisville, LLC, MKB Florida Holdings, LLC, Tommy's Knoxville, LLC, Tommy's Phoenix, LLC (LCK) |
||
|
misc
Clerk's Verification of PHV Requirements
Tue 06/11 11:53 AM
Clerk's Verification of PHV Requirements is complete regarding document: 19 MOTION for Leave to Appear Pro Hac Vice of Floyd E. Gates, Jr. ( Filing fee $ 90 receipt number ATNEDC-5699902.) filed by Tommy's Detroit, LLC, Tommy's Castaic, LLC, Walloon Lake Village Marina, LLC, Tommy's Chattanooga, LLC, Larsons Marine, Tommy's Grand Rapids, LLC, Tommy's Las Vegas, LLC, High Country Watersports, LLC, Tommy's Fort Worth, LLC, Tommy's California Ventura, LLC, Tommy's Lewisville, LLC, MKB Florida Holdings, LLC, Tommy's Knoxville, LLC, Tommy's Phoenix, LLC (LCK) |
||
| Monday, June 10, 2024 | ||
| 21 | 21
notice
Notice (Other)
Mon 06/10 7:14 PM
NOTICE by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC re20 Response to Order to Show Cause, Notice of Filing of Exhibits C and D(Zager, Jeffrey) |
|
|
Att: 1
Exhibit C - Declaration of Floyd E. Gates, Jr.,
|
||
|
Att: 2
Exhibit D - Declaration of Christopher J. Zdarsky
|
||
| 20 | 20
misc
Response to Order to Show Cause
Mon 06/10 6:34 PM
RESPONSE TO ORDER TO SHOW CAUSE by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC.(Zager, Jeffrey) |
|
|
Att: 1
Exhibit Order for Appointing Receiver,
|
||
|
Att: 2
Exhibit Letter to Receiver
|
||
| 19 | 19
motion
Appear Pro Hac Vice
Mon 06/10 6:04 PM
MOTION for Leave to Appear Pro Hac Vice of Floyd E. Gates, Jr. ( Filing fee $ 90 receipt number ATNEDC-5699902.) by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC. (Zager, Jeffrey) |
|
| 18 | 18
motion
Appear Pro Hac Vice
Mon 06/10 6:01 PM
MOTION for Leave to Appear Pro Hac Vice of Christopher J. Zdarsky ( Filing fee $ 90 receipt number ATNEDC-5699898.) by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC. (Zager, Jeffrey) |
|
| 17 | 17
notice
Notice of Appearance
Mon 06/10 5:31 PM
NOTICE of Appearance by James Isaac Sanders on behalf of All Plaintiffs (Sanders, James) |
|
| 16 | 16
notice
Notice of Appearance
Mon 06/10 5:28 PM
NOTICE of Appearance by Jeffrey Albert Zager on behalf of All Plaintiffs (Zager, Jeffrey) |
|
| 15 | 15
notice
Notice of Appearance
Mon 06/10 5:26 PM
NOTICE of Appearance by Thomas H Dundon on behalf of All Plaintiffs (Dundon, Thomas) |
|
| 14 | 14
notice
Notice of Appearance
Mon 06/10 5:23 PM
NOTICE of Appearance by Philip N Elbert on behalf of All Plaintiffs (Elbert, Philip) |
|
| Monday, June 03, 2024 | ||
| 13 | 13
order
Order on Motion for Extension of Time to Answer
Mon 06/03 12:47 PM
Now before the Court is the Motion for Extension of Time to Respond to Complaint [Doc. 12]. For good cause shown, the Court GRANTS the motion [Doc. 12] . Defendants SHALL respond to the Complaint on or before June 24, 2024 . See E.D. Tenn. L.R. 7.2 ("Under exceptional circumstances, the Court may act upon a motion prior to the expiration of the response time."). Signed by Magistrate Judge Jill E. McCook on 6/3/2024. (This entry constitutes the complete Order of the Court.) (AGA) |
|
| Sunday, June 02, 2024 | ||
| 12 | 12
motion
Extension of Time to File Answer
Sun 06/02 5:44 PM
MOTION for Extension of Time to File Answer by Malibu Boats, Inc., Malibu Boats, LLC. (Williams, Taylor) |
|
| Tuesday, May 28, 2024 | ||
| 11 | 11
1
pgs
order
Order to Show Cause
Tue 05/28 11:04 AM
ORDER TO SHOW CAUSE: The Court ORDERS Attorney Gates to show cause on or before June 11, 2024 , why he should not be removed as an attorney of record in this case and why other appropriate sanctions should not issue for his failure to comply with the Notice. The Court DIRECTS the Clerk to mail a copy of this Order to Show Cause to Attorney Gates. Signed by Magistrate Judge Jill E McCook on 05/28/2024. (Copy of Order to Show Cause mailed to Attorney Gates) (CAT) |
|
| 10 | 10
1
pgs
order
Order to Show Cause
Tue 05/28 10:52 AM
ORDER TO SHOW CAUSE: The Court ORDERS Attorney Zdarsky to show cause on or before June 11, 2024 , why he should not be removed as an attorney of record in this case and why other appropriate sanctions should not issue for his failure to comply with the Notice. The Court DIRECTS the Clerk to mail a copy of this Order to Show Cause to Attorney Zdarsky. Signed by Magistrate Judge Jill E McCook on 05/28/2024. (Copy of Order to Show Cause mailed to Attorney Zdarsky) (CAT) |
|
| Wednesday, April 17, 2024 | ||
| 9 | 9
misc
Certificate of Citizenship
Wed 04/17 3:00 PM
Certificate of Citizenship by High Country Watersports, LLC, Larsons Marine, MKB Florida Holdings, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC. (Carey, Scott) |
|
| Friday, April 12, 2024 | ||
| 8 | 8
1
pgs
notice
Notice of Deficiency (Pro Hac)
Fri 04/12 9:54 AM
NOTICE of Deficiency (Pro Hac) as to Attorney Christopher J. Zdarsky. (c/em to Attorney Chritopher J. Zdarsky) (KDO) |
|
| 7 | 7
1
pgs
notice
Notice of Deficiency (Pro Hac)
Fri 04/12 9:53 AM
NOTICE of Deficiency (Pro Hac) as to Attorney Floyd E. Gates, Jr. (c/em to Attorney Floyd E. Gates) (KDO) |
|
| 6 | 6
2
pgs
service
Summons Issued
Fri 04/12 9:48 AM
Summons Issued as to All Defendants.(KDO) |
|
|
Att: 1
Summons - Malibu LLC
|
||
| 5 | 5
5
pgs
order
Order Governing Sealing Confidential Information
Fri 04/12 9:39 AM
Order Governing Sealing Confidential Information. Signed by District Judge Katherine A Crytzer on 4/12/24. (KDO) |
|
| 4 | 4
1
pgs
order
Order Governing Motions To Dismiss
Fri 04/12 9:38 AM
Order Governing Motions To Dismiss. Signed by District Judge Katherine A Crytzer on 4/12/24. (KDO) |
|
| 3 | 3
1
pgs
order
Order Governing Depositions
Fri 04/12 9:37 AM
Order Governing Depositions. Signed by District Judge Katherine A Crytzer on 4/12/24. (KDO) |
|
|
notice
Notice of Failure to File Certificate of Citizenship
Fri 04/12 9:49 AM
NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1 by All Plaintiffs. (KDO) |
||
| Wednesday, April 10, 2024 | ||
| 2 | 2
2
pgs
misc
Certificate of Corporate Interest
Wed 04/10 6:05 PM
Certificate of Corporate Interest by High Country Watersports, LLC d/b/a Tommy's Colorado, Larsons Marine d/b/a Tommy's SacramentoTommy's, Larsons Marine d/b/a Tommy's Stockton, MKB Florida Holdings, LLC d/b/a Tommy's Florida, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Chattanooga, LLC, Tommy's Detroit, LLC, Tommy's Fort Worth, LLC, Tommy's Grand Rapids, LLC, Tommy's Knoxville, LLC, Tommy's Las Vegas, LLC, Tommy's Lewisville, LLC, Tommy's Phoenix, LLC, Walloon Lake Village Marina, LLC d/b/a Tommy's Michigan. (Carey, Scott) |
|
| 1 | 1
29
pgs
cmp
Complaint
Wed 04/10 6:01 PM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATNEDC-5646392.), filed by Tommy's Chattanooga, LLC, Tommy's Phoenix, LLC, Tommy's California Ventura, LLC, Tommy's Castaic, LLC, Tommy's Lewisville, LLC, MKB Florida Holdings, LLC d/b/a Tommy's Florida, Larsons Marine d/b/a Tommy's Stockton, Tommy's Knoxville, LLC, Tommy's Fort Worth, LLC, Tommy's Detroit, LLC, Tommy's Grand Rapids, LLC, Tommy's Las Vegas, LLC, Larsons Marine d/b/a Tommy's SacramentoTommy's, Walloon Lake Village Marina, LLC d/b/a Tommy's Michigan, High Country Watersports, LLC d/b/a Tommy's Colorado.(Carey, Scott) |
|
|
Att: 1
Summons for Malibu Boats, Inc.,
|
||
|
Att: 2
Summons for Malibu Boats, LLC,
|
||
|
Att: 3
Civil Cover Sheet
|
||
|
utility
Add and Terminate Judges
Fri 04/12 8:37 AM
District Judge Katherine A Crytzer and Magistrate Judge Jill E McCook added. (KDO) |
||