Sjp Investment Partners LLC v. Cellco Partnership
Court Docket Sheet

Northern District of Alabama

2:2017-cv-00079 (alnd)

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Description
1
01/17/2017
COMPLAINT against Cellco Partnership, filed by SJP Investment Partners LLC.
1
Exhibit A
1 Attachment
2
01/17/2017
NOTICE REGARDING CONSENT
01/18/2017
Filing Fee: Filing fee $ 400, receipt_number 1126-2770533 (B4601077336). related document 1 COMPLAINT against Cellco Partnership, filed by SJP Investment Partners LLC. Modified on 1/18/2017. (Text entry; no document attached.)
3
01/18/2017
Request for service by certified mail filed by SJP Investment Partners LLC.
4
01/24/2017
Summons Issued as to Cellco Partnership, sent via certified mail
5
01/30/2017
SUMMONS Returned Executed Cellco Partnership served on 1/26/2017, answer due 2/16/2017.
6
02/23/2017
ORDER TO SHOW CAUSE- Pltf is ORDERED to SHOW CAUSE in wiritng, within ten (10) calendar days, why this case should not be dismissed for failure to prosecute. Signed by Magistrate Judge Staci G Cornelius on 2/23/17.
7
02/28/2017
First MOTION for Clerk's Entry of Default as to Cellco Partnership D/B/A Verizon Wireless by SJP Investment Partners LLC. Modified on 2/28/2017.
1
Affidavit Exhibit "A"
1 Attachment
8
02/28/2017
**VACATED** [see 3/13/17 Order] Clerk's ENTRY OF DEFAULT as to Cellco Partnership Modified on 3/13/2017
9
02/28/2017
ORDER- The General Order calls for reassignment to a district judge following the occurrence of the first of three "triggering events" absent unanimous consent; None of these events have occurred in this case, and it appears that no such events will occur in a timely manner; The case is due to be assigned to a district judge for all further proceedings. Signed by Magistrate Judge Staci G Cornelius on 2/28/17.
10
02/28/2017
Notice of Reassignment- The above-styled civil action has been reassigned to the Honorable Abdul K. Kallon. Please use case number 2:17-cv-79-AKK on all subsequent pleadings.
11
03/01/2017
ORDER that pltf show cause by 3/8/17 why this case should not be dismissed without prejudice for lack of subject-matter jurisdiction. Signed by Judge Abdul K Kallon on 3/1/17.
12
03/03/2017
RESPONSE to re 6 Court's February 23, 2017 Order to Show Cause filed by SJP Investment Partners LLC.
13
03/07/2017
NOTICE of Appearance by William H Morrow on behalf of Cellco Partnership
14
03/07/2017
MOTION to Set Aside Entry of Default and Supporting Memorandum by Cellco Partnership.
1
Exhibit Declaration Lynch
2
Exhibit Declaration Burdette
3
Exhibit Draft Answer
3 Attachments
15
03/08/2017
Corporate Disclosure Statement by Cellco Partnership. filed by Cellco Partnership
16
03/08/2017
RESPONSE to re 11 Court's March 1, 2017 Order to Show Cause filed by SJP Investment Partners LLC.
17
03/08/2017
Corporate Disclosure Statement by SJP Investment Partners LLC. filed by SJP Investment Partners LLC
18
03/13/2017
ORDER granting 14 Motion to Set Aside Entry of Default. The Clerk's Entry of Default [doc. 8] is VACATED. Deft is DIRECTED to file its Answer as a separate docket entry. Signed by Judge Abdul K Kallon on 3/13/17.
19
03/13/2017
ANSWER to 1 Complaint by Cellco Partnership.
20
03/14/2017
ORDER SETTING PRETRIAL CONFERENCE AND TRIAL; The parties are hereby ORDERED to submit a Report of the Parties' Planning Meeting by April 14, 2017. A Pretrial Conference is hereby set for August 8, 2018 at 1:30 PM in the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. A Non-Jury Trial is set for September 10, 2018 at 9:00 AM in the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 3/14/2017.
21
03/16/2017
ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f)- with appendices attached. Signed by Judge Abdul K Kallon on 3/16/2017.
22
04/13/2017
REPORT of Rule 26(f) Planning Meeting.
23
04/17/2017
ORDER that a Telephone Scheduling Conference is hereby set for Thursday, 27, 2017, at 1:30 PM before Judge Abdul K Kallon. The parties shall dial 888-557-8511 and enter access code 4541204, five minutes prior to the designated call time. Signed by Judge Abdul K Kallon on 4/17/2017.
24
04/27/2017
MOTION for Leave to Appear Pro Hac Vice by Cellco Partnership.
25
04/27/2017
SCHEDULING ORDER: Mediation set for 9/30/2017. Discovery due by 10/31/2017. Dispositive Motions due by 3/15/2018. Final Pretrial Conference set for 4/30/2018 09:30 AM ; Bench Trial set for 6/4/2018 09:00 AM, BOTH in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 04/27/2017.
26
04/28/2017
AFFIDAVIT re 24 MOTION for Leave to Appear Pro Hac Vice Additional Submission in Support of Motion for Pro Hac Vice of Michael P. Kolher by Cellco Partnership. filed by Cellco Partnership
1
Affidavit Affidavit of Michael P. Kohler
1 Attachment
27
04/28/2017
SCHEDULING ORDER: Mediation on 9/30/2017 unless party objects; Discovery due by 10/31/2017; Dispositive Motions due by 12/1/2017; Final Pretrial Conference set for 4/30/2018 at 09:30 AM ; Bench Trial set for 6/4/2018 at 09:00 AM, BOTH in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 04/28/2017.
04/28/2017
PHV Fee paid for William H. Morrow in the amount of $50, receipt number B4601079756. (Text entry; no document attached.)
28
05/01/2017
ORDER granting 24 Motion for Leave to Appear Pro Hac Vice of Michael P. Kohler. Signed by Judge Abdul K Kallon on 05/01/2017.
29
05/26/2017
MOTION for Leave to File Defendant's Motion for Leave to Amend and Supporting Memorandum by Cellco Partnership.
1
Exhibit A
1 Attachment
30
05/26/2017
MOTION for Preliminary Injunction Defendant's Motion for a Preliminary Injunction and Supporting Memorandum by Cellco Partnership.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
31
05/31/2017
BRIEFING SCHEDULE re 30 MOTION for Preliminary Injunction Defendant's Motion for a Preliminary Injunction and Supporting Memorandum filed by Cellco Partnership; Plaintiff's response is due by June 9, 2017,defendant's reply, if any, is due by June 14, 2017. Signed by Judge Abdul K Kallon on 05/31/2017.
32
06/08/2017
First MOTION to Withdraw as Attorney and Motion to Expand Time Within Which to file a Response to Emergency Motion for Preliminary Injunction by SJP Investment Partners LLC.
33
06/12/2017
ORDER re 32 Plaintiff's Motion to Withdraw and Motion for Extension of Time; Because corporations cannot proceed pro se, the motion to withdraw is DENIED without prejudice to refile after new counsel enters a notice of appearance. The extension of time is GRANTED and Plaintiff has until June 15, 2017 to respond. Signed by Judge Abdul K Kallon on 06/09/2017.
34
06/29/2017
ORDER re This matter is SET for a status conference on July 5, 2017 at 3:30 PM The parties are directed to call five minutes prior to the designated call time, before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 06/29/2017.
35
07/05/2017
ORDER re 30 MOTION for Preliminary Injunction Defendant's Motion for a Preliminary Injunction and Supporting Memorandum filed by Cellco Partnership; Consistent with Verizon Wireless Motion for Leave to Amend, 29, which is GRANTED, Verizon Wireless is DIRECTED to file its Counterclaim, doc. 29-1, as a separate document with the Clerk; The Motion for Preliminary Injunction, 30, is SET for a hearing on July 11, 2017 at 11:00 AM in courtroom 4A at the Hugo L. Black Courthouse in Birmingham, Alabama. Counsel for SJP is DIRECTED to ensure that a representative from SJP attends the hearing. Signed by Judge Abdul K Kallon on 07/05/2017.
36
07/05/2017
COUNTERCLAIM against SJP Investment Partners LLC, filed by Cellco Partnership.
07/11/2017
Minute Entry for proceedings held before Judge Abdul K Kallon: Motion Hearing held on 7/11/2017 re 30 MOTION for Preliminary Injunction and Supporting Memorandum filed by Cellco Partnership. Motion is due to be granted by separate order. Pla to add party as stated on the record in open court. Follow up hearing set for 8/11/2017 at 11:00 AM (Court Reporter Sabrina Lewis) (Text entry; no document attached.)
07/11/2017
NOTICE of Hearing:Follow Up Hearing set for 8/11/2017 at 11:00 AM in Courtroom 4A of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. (Text entry; no document attached.)
37
07/12/2017
NOTICE by Cellco Partnership (Notice of Filing)
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
38
07/12/2017
ORDER granting 30 Motion for Preliminary Injunction; for reasons addressed within Plaintiff SJP Investment Partners, LLC ("SJP"), including its owners, officers, members, mangers, agents, servants, employees, attorneys, and those who are in active concert or participation with them, including Jay Patel, are hereby ENJOINED and RESTRAINED from denying, impeding, interfering, preventing, obstructing, or conditioning Defendant Cellco Partnership d/b/a Verizon Wireless' access to or use of the space it leases on the roof of the building located at 1023 20th Street South, Birmingham, Alabama, or doing anything inconsistent with Verizon Wireless' rights under the July 7, 2006, Building and Rooftop Lease Agreement entered into by and between Pickwick Investments, LLC and Verizon Wireless; This injunction shall remain in effect until further order of the Court; In accordance with Fed. R. Civ. P. 65(c), subject to Verizon Wireless posting security in the amount of $ 2000.00 directly with the Clerk of Court to cover the estimated utility payments for a six-month period, Verizon Wireless motion for a preliminary injunction is GRANTED.Signed by Judge Abdul K Kallon on 07/12/2017.
39
07/13/2017
NOTICE by Cellco Partnership re 38 Order on Motion for Preliminary Injunction, (Notice of Posting Security)
1
Exhibit A
1 Attachment
40
07/21/2017
ORDER re Consistent with the hearing held on 7/11/2017; and subject to Plaintiff adding Ulysses Asset Sub II, LLC as a defendant, this matter is SET for a follow up Motion Hearing on 8/11/2017 at 11:00 AM at the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon; Verizon Wireless is DIRECTED to provide counsel for Ulysses Asset Sub II, LLC with a copy of this Order Signed by Judge Abdul K Kallon on 07/21/2017.
41
07/28/2017
AMENDED COMPLAINT against Ulysses Asset Sub II, LLC, filed by SJP Investment Partners LLC.
42
07/28/2017
Request for service by certified mail filed by SJP Investment Partners LLC, SJP Investment Partners LLC.
43
07/31/2017
Summons Issued as to Ulysses Asset Sub II, LLC, mailed out via certified mail.
44
08/04/2017
SUMMONS Returned Executed Ulysses Asset Sub II, LLC served on 8/2/2017, answer due 8/23/2017.
45
08/09/2017
NOTICE of Appearance by Joseph A Fawal on behalf of All Plaintiffs
46
08/09/2017
VERIFIED APPLICATION FOR ADMISSION TO PROACTICE UNDER RULER VII OF THE RULES GOVERNING ADMISSION TO THE ALABAMA STATE BAR by SJP Investment Partners LLC. Modified on 8/9/2017
47
08/09/2017
MOTION for Admission Pro Hoc Vice Bryan McKnight Pro Hac Vice by SJP Investment Partners LLC. Modified on 8/9/2017
48
08/09/2017
MOTION to Withdraw as Attorney by SJP Investment Partners LLC.
49
08/09/2017
MOTION to Withdraw as Attorney Spenser Templeton by SJP Investment Partners LLC.
50
08/09/2017
ORDER re hearing previously set for August 11, 2017 is hereby RESET for September 8, 2017 at 11:00 AM CST in courtroom 4A at the Hugo L. Black Courthouse in Birmingham, Alabama. Signed by Judge Abdul K Kallon on 08/09/2017.
51
08/11/2017
ORDER GRANTING 48 49 MOTIONS to Withdraw as Attorney. Attorneys Richard A Bearden and Spenser Templeton Moore terminated. Signed by Judge Abdul K Kallon on 8/11/2017.
52
08/30/2017
NOTICE of Appearance by W Patton Hahn on behalf of Ulysses Asset Sub II, LLC
53
08/31/2017
NOTICE of Appearance by Samuel Carlton Pierce on behalf of Ulysses Asset Sub II, LLC
54
08/31/2017
MOTION to Continue / Reset 9/8/17 Hearing (Unopposed) by Cellco Partnership.
55
09/06/2017
ORDER granting 54 Verizon Wireless' Unopposed Motion to Reset 9/8/17 Hearing; Defendant Verizon Wireless' Unopposed Motion to Reset September 8, 2017 Hearing, 54, is GRANTED; The hearing is Rescheduled for 10/6/2017 at 9:00 AM in Courtroom 4A of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 09/06/2017.
56
09/12/2017
ANSWER to 41 Amended Complaint by Ulysses Asset Sub II, LLC.
57
10/03/2017
MEDIATION ORDER Parties may object by 10/17/2017; If neither party objects, the parties are DIRECTED to agree upon a mediator by 10/31/2017 and notify the court via the chambers; The mediation shall be completed by 12/1/2017; Within ten (10) days following mediation, the mediator will report to the court only that a settlement was reached or mediation was conducted and no settlement agreements were reached, whether each party acted in good faith toresolve the matter, and nothing more. Signed by Judge Abdul K Kallon on 10/3/2017.
10/06/2017
Minute Entry for proceedings held before Judge Abdul K Kallon: Status Conference held on 10/6/2017. (Text entry; no document attached.)
58
10/30/2017
**TEXT ORDER** Denying 47 Motion for Admission Pro Hac Vice of Bryan McKnight, pursuant to payment of phv fee. Signed by Judge Abdul K Kallon on 10/30/2017.
59
10/31/2017
Second MOTION to Appoint Counsel Pro Hav Vice by SJP Investment Partners LLC.
10/31/2017
PHV Fee paid received from Joseph A Fawal Atty At Law in the amount of $50.00, receipt number B4601084227. (Text entry; no document attached.)
60
11/03/2017
ORDER granting 59 Motion for Admission Pro Hac Vice; Plaintiff's Unopposed Motion for Admission Pro Hac Vice of Bryan M. Knight 59 is GRANTED. Signed by Judge Abdul K Kallon on 11/3/2017.
61
12/01/2017
MOTION to Amend/Correct 27 Scheduling Order, Set Deadlines/Hearings, (Unopposed) by Cellco Partnership.
62
12/11/2017
ORDER granting 61 MOTION to Amend/Correct 27 Scheduling Order, Set Deadlines/Hearings, (Unopposed) filed by Cellco Partnership; Cellco Partnership's Unopposed Motion to Amend Scheduling Order, 61, is GRANTED; The deadlines for the taking of party depositions and for dispositive motions are extended to January 15 and 31, 2018, respectively. Signed by Judge Abdul K Kallon on 12/11/2017.
63
01/19/2018
MOTION to Amend/Correct Opposed Motion to Amend Scheduling Order by SJP Investment Partners LLC.
64
01/25/2018
RESPONSE to Motion re 63 MOTION to Amend/Correct Opposed Motion to Amend Scheduling Order filed by Cellco Partnership, Ulysses Asset Sub II, LLC.
65
01/31/2018
MOTION for Summary Judgment by Ulysses Asset Sub II, LLC.
1
Exhibit A
2
Exhibit B
3
Supplement Brief
3 Attachments
66
01/31/2018
MOTION for Summary Judgment and Supporting Memorandum by Cellco Partnership.
67
01/31/2018
Evidentiary Material re: 66 MOTION for Summary Judgment and Supporting Memorandum.
1
Exhibit A
2
Exhibit B
3
Supplement Exhibits to Deposition
4
Supplement Exhibits to Deposition
5
Supplement Exhibits to Deposition
6
Supplement Exhibits to Deposition
7
Exhibit C
8
Exhibit D
9
Exhibit E
10
Exhibit F
11
Exhibit G
11 Attachments
68
02/02/2018
BRIEFING SCHEDULE re The court has before it 65 MOTION for Summary Judgment filed by Ulysses Asset Sub II, LLC, 66 MOTION for Summary Judgment and Supporting Memorandum filed by Cellco Partnership; The parties are reminded of the briefing schedule outlined in Appendix II of the Scheduling Order, 27. Signed by Judge Abdul K Kallon on 2/2/2018.
69
02/21/2018
RESPONSE in Opposition re 66 MOTION for Summary Judgment and Supporting Memorandum filed by SJP Investment Partners LLC.
70
02/21/2018
RESPONSE in Opposition re 65 MOTION for Summary Judgment filed by SJP Investment Partners LLC.
71
02/27/2018
MOTION to Amend/Correct Complaint and Brief in Support Thereof by SJP Investment Partners LLC.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
2 Attachments
72
02/27/2018
AMENDED COMPLAINT against All Defendants, filed by SJP Investment Partners LLC.
73
03/05/2018
REPLY Brief filed by Defendant Ulysses Asset Sub II, LLC re: 70 Response in Opposition to Motion for Summary Judgment filed by Ulysses Asset Sub II, LLC.
74
03/05/2018
RESPONSE in Support re 66 MOTION for Summary Judgment and Supporting Memorandum filed by Cellco Partnership.
75
03/06/2018
RESPONSE in Opposition re 71 MOTION to Amend/Correct Complaint and Brief in Support Thereof filed by Cellco Partnership, Ulysses Asset Sub II, LLC.
76
03/07/2018
NOTICE by SJP Investment Partners LLC Notice of Leave of Absence for Bryan M. Knight April 2-6, 2018, April 9-20, 2018, May 29-30, 2018 June 26 - July 5, 2018, July 30 August 8, 2018
77
03/08/2018
MOTION For Contempt and Supporting Memorandum by Cellco Partnership.
1
Exhibit
1 Attachment
78
03/08/2018
ORDER re 77 Emergency Motion for Contempt; Verizon Wireless' Emergency Motion for Contempt, 77, is SET for a Contempt Hearing on 3/9/2018 at 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon; Jay Patel is ORDERED to attend to answer the allegations raised against him in the motion. Signed by Judge Abdul K Kallon on 3/8/2018.
79
03/09/2018
ORDER re 77 MOTION For Contempt filed by Cellco Partnership. A Motion Hearing is RESCHEDULED for March 12, 2018, at 10:00 AM, in the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Jay Patel is ORDERED to attend to answer the allegations raised against him in the motion. Signed by Judge Abdul K Kallon on 3/9/2018.
80
03/09/2018
RESPONSE in Opposition re 77 MOTION For Contempt and Supporting Memorandum filed by SJP Investment Partners LLC.
03/12/2018
Minute Entry for proceedings held before Judge Abdul K Kallon: Motion Hearing held on 3/12/2018 re 77 MOTION For Contempt and Supporting Memorandum filed by Cellco Partnership. Parties are to mediate case. Court to carry motion forward. (Court Reporter Sabrina Lewis) (Text entry; no document attached.)
81
03/15/2018
Transcript of Hearing on Verizon Wireless' Emergency Motion for Contempt held on 3/12/2018, before Judge Abdul K Kallon. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/5/2018. Redacted Transcript Deadline set for 4/15/2018. Release of Transcript Restriction set for 6/13/2018.
82
03/20/2018
RESPONSE in Support re 71 MOTION to Amend/Correct Complaint and Brief in Support Thereof filed by SJP Investment Partners LLC.
83
04/13/2018
MOTION to Withdraw as Attorney by Ulysses Asset Sub II, LLC.
84
04/25/2018
NOTICE of Appearance by Bruce F Rogers on behalf of Ulysses Asset Sub II, LLC
85
04/25/2018
NOTICE of Appearance by Sela Stroud Blanton on behalf of Ulysses Asset Sub II, LLC
86
04/25/2018
**TEXT ORDER** In light of the parties' representation that they have settled their dispute, the hearing scheduled for Monday, April 30, 2018 is CANCELLED. This matter is set instead for a Telephone Status Conference on 4/30/2018 at 09:30 AM before Judge Abdul K Kallon. The parties shall dial 888-557-8511 and enter access code 4541204, five minutes prior to the designated call time. Signed by Judge Abdul K Kallon on 4/25/2018.
87
04/27/2018
ORDER granting 83 Motion to Withdraw as Attorney. Attorney W Patton Hahn terminated. Signed by Judge Abdul K Kallon on 04/27/2018.
04/30/2018
Minute Entry for proceedings held before Judge Abdul K Kallon: Telephone Conference held on 4/30/2018. (Text entry; no document attached.)
04/30/2018
NOTICE of Hearing: This matter is set for a Follow Up Telephone Status Conference on 5/17/2018 at 05:30 PM before Judge Abdul K Kallon. The parties shall dial 888-557-8511 and enter access code 4541204, five minutes prior to the designated call time. (Text entry; no document attached.)
88
05/18/2018
**TEXT ORDER** In light of the parties' representation during the status conference that they have settled this case, the pending motions 63 Motion to Amend/Correct; 65 Motion for Summary Judgment; 66 Motion for Summary Judgment; 71 Motion to Amend/Correct and 77 Motion for Contempt, are MOOT. Signed by Judge Abdul K Kallon on 5/18/2018.
89
06/19/2018
ORDER that this case is DISMISSED WITHOUT PREJUDICE; parties have until 7/24/2018 to submit a formal stipulation of dismissal to the court. Signed by Judge Abdul K Kallon on 6/19/2018.
90
07/10/2018
Consent MOTION for Judgment on the Pleadings and Entry of Permanent Injunction by Cellco Partnership.
1
Text of Proposed Order
1 Attachment
91
07/11/2018
ORDER granting 90 Consent MOTION for Judgment on the Pleadings and Entry of Permanent Injunction and entering this Consent Permanent Injunction and Final Judgment according to the terms set out in this order. Verizon Wireless' 77 Emergency Motion for Contempt is WITHDRAWN. All remaining claims asserted by SJP and Verizon Wireless against one another are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to return to Verizon Wireless the #2,000.00 cash bond it posted in response to 38 Verizon Wireless' motion for preliminary injunction. Signed by Judge Abdul K Kallon on 7/11/2018.
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