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16-1151 - John Beal, Inc. v. Roofpros, Inc. et al


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16-1151 - John Beal, Inc. v. Roofpros, Inc. et al
December 27, 2016
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendant Web.com Group, Inc.'s Motion to Dismiss 22 is granted in part and denied in part. This case will be set for a Rule 16 scheduling conference by separate Order. Defendant Web.com Group, Inc., is reminded of its obligation to answer Count I of the amended petition within the time set by the rules. Signed by District Judge Catherine D. Perry on 12/27/16. (EAB)
July 19, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff John Beal, Inc.'s Motion to Dismiss Web.com Group Without Prejudice, for Joinder of a New Foreign Defendant, and for Leave to File an Amended Complaint 40 is granted in part and denied as moot in part as described in this Memorandum and Order. IT IS FURTHER ORDERED that plaintiff's claims against defendant Web.com Group, Inc., are dismissed without prejudice subject to the following condition: If plaintiff refiles these claims against Web.com Group, Inc., it must pay to defendant Web.com Group, Inc., any costs, including reasonable attorney's fees, it incurred in this action. IT IS FURTHER ORDERED that the Clerk of Court shall docket plaintiff's Proposed Amended Complaint (ECF #43) to reflect its filing date to be the date of this Memorandum and Order. IT IS FURTHER ORDERED that the Case Management Order entered February 3, 2017 (ECF #34), the Supplemental Case Management Order entered June 2, 2017 (ECF #38), and the Order Referring Case to Alternative Dispute Resolution entered June 2, 2017 (ECF #39) are vacated. Signed by District Judge Catherine D. Perry on 7/19/2017. (CBL)
October 16, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that no later than October 26, 2017, plaintiff shall inform the Court as to the status of service upon foreign defendant All Response Media, Ltd. In the event service of process has not yet been perfected, plaintiff shall immediately take the necessary steps to cause process to issue in accordance with the Federal Rules of Civil Procedure and shall certify to this Court that it has done so. IT IS FURTHER ORDERED that no later than October 26, 2017, plaintiff shall file an appropriate motion for default and default judgment as to defendant Roofpros, Inc., supported by all necessary affidavits and documentation, along with a proposed order granting the motion for default by the Clerk of Court and a separate proposed default judgment for my consideration. In the absence of filing a motion for default and for default judgment, plaintiff shall show cause why its claims against defendant Roofpros, Inc., should not be dismissed for failure to prosecute. Signed by District Judge Catherine D. Perry on 10/16/2017. (CBL)