Powwow, LLC v. Via Airlines, Inc. et al
| Michigan Eastern District Court | |
| Judge: | Linda V Parker |
| Referred: | Elizabeth A Stafford |
| Case #: | 2:17-cv-11142 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Apr 11, 2017 |
| Terminated: | Feb 18, 2022 |
| Last checked: Sunday Oct 08, 2017 5:47 AM EDT |
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Counter Claimant
Via Airlines, Inc.
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Represented By
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Counter Defendant
Powwow, LLC
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Represented By
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Defendant
Via Airlines, Inc.
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Represented By
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Plaintiff
Powwow, LLC
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Represented By
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GPO
Feb 18 2022
ORDER OF DISMISSAL WITH PREJUDICE Signed by District Judge Linda V. Parker. (AFla) |
| Docket last updated: 03/28/2025 11:59 PM EDT |
| Friday, February 18, 2022 | ||
| 48 | 48
order
Dismissing Case
Fri 02/18 10:49 AM
ORDER OF DISMISSAL WITH PREJUDICE Signed by District Judge Linda V. Parker. (AFla) |
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| Wednesday, February 16, 2022 | ||
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order
Text-Only Reassignment Pursuant to Administrative Order
Wed 02/16 9:02 AM
Text-Only Order of reassignment from District Judge Arthur J. Tarnow to District Judge Linda V. Parker pursuant to Administrative Order 22-AO-007. (SSch) |
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| Wednesday, June 10, 2020 | ||
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notice
Text-Only Notice of Hearing Cancelled
Wed 06/10 5:09 PM
TEXT-ONLY NOTICE: Final Pretrial Conference on 6/17/2020 is Cancelled. Counsel to submit joint status to mike_lang@mied.uscourts.gov by 6/19/2020. (MLan) |
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| Thursday, March 26, 2020 | ||
| 47 | 47
2
pgs
order
Order on Motion to Compel
Thu 03/26 11:41 AM
ORDER Denying (ECF No.40 ) Without Prejudice Renewed Motion to Compel. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) |
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| Thursday, November 07, 2019 | ||
| 46 | 46
2
pgs
order
Order ~Util - Terminate Motions ~Util - Add and Terminate Attorneys
Thu 11/07 4:53 PM
ORDER granting43 MOTION for Withdrawal of Attorney Philip E. Hamilton filed by Via Airlines, Inc. Attorney Philip E. Hamilton terminated. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| 45 | 45
1
pgs
order
Order Staying Case
Thu 11/07 4:52 PM
ORDER STAYING CASE. Signed by District Judge Arthur J. Tarnow. (MLan) |
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notice
Text-Only Notice of Hearing Cancelled
Thu 11/07 4:25 PM
TEXT-ONLY NOTICE: Motion Hearing on 11/12/19 is Cancelled. (MarW) |
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| Tuesday, October 15, 2019 | ||
| 44 | 44
notice
Non-Party Fault Notice - Other
Tue 10/15 12:29 PM
NOTICE of Non-Party Fault by Powwow, LLC, NOTICE by Powwow, LLC Notice of Bankruptcy Filing and Stay of Proceedings (Martone, Jonathan) |
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| Wednesday, October 02, 2019 | ||
| 43 | 43
8
pgs
motion
Withdrawal of Attorney
Wed 10/02 3:47 PM
MOTION for Withdrawal of Attorney Philip E. Hamilton by Via Airlines, Inc.. (Hamilton, Philip) |
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| 42 | 42
minutes
~Util - Set Motion and R&R Deadlines/Hearings Order
Wed 10/02 2:22 PM
ORDER Regarding Renewed Motion to Compel (ECF No.40 ). ( Joint List of Unresolved Issues due by 11/1/2019 , Motion Hearing set for 11/12/2019 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford ). (Location to be determined) Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) |
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| 41 | 41
order
Referring Motion to Magistrate Judge*
Wed 10/02 1:16 PM
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford:40 Renewed MOTION to Compel Defendant's Responses to Plaintiff's Discovery Requests filed by Powwow, LLC. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| 40 | 40
motion
Compel
Wed 10/02 12:54 PM
Renewed MOTION to Compel Defendant's Responses to Plaintiff's Discovery Requests by Powwow, LLC. (Martone, Jonathan) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A - Discovery Requests,
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Att: 3
Exhibit B - August 10, 2018 email to Counsel,
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Att: 4
Exhibit C - August 10, 2018 email from Counsel,
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Att: 5
Exhibit D - August 13, 2018 email granting Defendant Counsels request,
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Att: 6
Exhibit E - Defendants Responses to Discovery Requests,
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Att: 7
Exhibit F - September 18, 2018 email to Counsel,
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Att: 8
Exhibit G - September 18, 2018 email from Counsel
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| Wednesday, August 28, 2019 | ||
| 39 | 39
order
Scheduling Order
Wed 08/28 3:38 PM
STIPULATED SCHEDULING ORDER Extending Deadlines: Fact Discovery due by 11/29/2019, Expert Discovery due 1/15/2020, Dispositive Motion Cut-off set for 3/16/2020 Joint Final Pretrial Order due 6/10/2020, Final Pretrial Conference set for 6/17/2020 02:30 PM before District Judge Arthur J. Tarnow . Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Wednesday, May 08, 2019 | ||
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utility
Set Deadlines/Hearings
Wed 05/08 1:38 PM
TEXT-ONLY NOTICE: Final Pretrial Conference ADJOURNED TO 9/4/2019 02:30 PM before District Judge Arthur J. Tarnow. Joint Final Pretrial Order due 8/28/2019 . (MLan) |
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| Thursday, March 28, 2019 | ||
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utility
Set/Reset Scheduling Order Deadlines
Thu 03/28 3:19 PM
TEXT-ONLY NOTICE: Final Pretrial Conference ADJOURNED TO 5/23/2019 03:00 PM before District Judge Arthur J. Tarnow . Joint Final Pretrial Order to be submitted by 5/16/2019. (MLan) |
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| Thursday, October 18, 2018 | ||
| 38 | 38
2
pgs
order
Order on Motion to Compel
Thu 10/18 10:44 AM
ORDER Denying Without Prejudice (ECF No.29 ,31 ) Motions to Compel. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) |
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notice
Text-Only Notice of Hearing Cancelled
Thu 10/18 10:18 AM
TEXT-ONLY NOTICE: Motion Hearing on 12/3/18 is Cancelled (MarW) |
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| Wednesday, October 17, 2018 | ||
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order
Order ~Util - Terminate Motions Staying Case
Wed 10/17 11:16 AM
TEXT-ONLY ORDER granting37 Joint MOTION to Stay Pending Action Until Mandatory Arbitration is Completed. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Monday, October 15, 2018 | ||
| 37 | 37
4
pgs
motion
Stay
Mon 10/15 11:56 AM
Joint MOTION to Stay Pending Action Until Mandatory Arbitration is Completed by Via Airlines, Inc.. (Hamilton, Philip) |
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Att: 1
Document Continuation Proposed Order
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| Thursday, October 11, 2018 | ||
| 36 | 36
minutes
~Util - Set Motion and R&R Deadlines/Hearings Order
Thu 10/11 1:27 PM
ORDER Regarding Motions to Compel (ECF Nos.29 ,31 ). ( Joint List of Unresolved Issues due by 11/19/2018 , Motion Hearing set for 12/3/2018 at 02:00 PM before Magistrate Judge Elizabeth A. Stafford ). Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) |
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| Wednesday, October 10, 2018 | ||
| 35 | 35
order
Referring Motion to Magistrate Judge*
Wed 10/10 3:17 PM
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford:31 MOTION to Compel filed by Via Airlines, Inc.. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Monday, October 08, 2018 | ||
| 34 | 34
11
pgs
respm
Response to Motion
Mon 10/08 6:57 PM
RESPONSE to29 MOTION to Compel in Opposition filed by All Defendants. (Hamilton, Philip) |
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Att: 1
Exhibit 1 - Via Airline's Amended and Supplemental Responses to Pass Charters' Discovery Requests
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| 33 | 33
6
pgs
trial
Witness List
Mon 10/08 2:48 PM
Amended WITNESS LIST by Powwow, LLC (Martone, Jonathan) |
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| Tuesday, October 02, 2018 | ||
| 32 | 32
9
pgs
order
Protective Order
Tue 10/02 3:36 PM
STIPULATED PROTECTIVE ORDER. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Friday, September 28, 2018 | ||
| 31 | 31
7
pgs
motion
Compel
Fri 09/28 3:34 PM
MOTION to Compel by Via Airlines, Inc.. (Hamilton, Philip) |
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Att: 1
29 pgs
Exhibit Defendant's Discovery Requests to Plaintiff,
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Att: 2
Exhibit Plaintiff's Discovery Responses to Defendant,
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Att: 3
Exhibit Email Exchange
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| Thursday, September 27, 2018 | ||
| 30 | 30
1
pgs
order
Referring Motion to Magistrate Judge*
Thu 09/27 11:26 AM
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford:29 MOTION to Compel filed by Powwow, LLC. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Monday, September 24, 2018 | ||
| 29 | 29
9
pgs
motion
Compel
Mon 09/24 10:07 AM
MOTION to Compel by Powwow, LLC. (Martone, Jonathan) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A - Plaintiff's Discovery to Plaintiff,
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Att: 3
Exhibit B - August 10, 2018 email to Counsel,
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Att: 4
Exhibit C - August 10, 2018 email from Counsel,
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Att: 5
Exhibit D - August 13, 2018 email,
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Att: 6
15 pgs
Exhibit E - Defendant's Responses to Plaintiff's Discovery,
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Att: 7
Exhibit F - September 18, 2018 email to Counsel,
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Att: 8
Exhibit G - September 18, 2018 email from Counsel
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| Thursday, August 23, 2018 | ||
| 28 | 28
2
pgs
order
Stipulation and Order
Thu 08/23 2:38 PM
STIPULATED ORDER to Compel Production of Defendant's Responses. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Thursday, August 09, 2018 | ||
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order
Order ~Util - Terminate Motions ~Util - Set Scheduling Order Deadlines
Thu 08/09 4:08 PM
TEXT-ONLY ORDER granting27 Joint MOTION TO EXTEND Scheduling Deadlines: Discovery Motions to be filed by 9/29/2018, Discovery due by 10/29/2018 , Dispositive Motion Cut-off set for 12/29/2018 , Joint Final Pretrial Order due 4/1/2019, Final Pretrial Conference set for 4/8/2019 02:30 PM before District Judge Arthur J. Tarnow . Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Wednesday, July 25, 2018 | ||
| 27 | 27
3
pgs
motion
Extend - free
Wed 07/25 2:11 PM
Joint MOTION TO EXTEND Scheduling Deadlines re23 Stipulation and Order,, Set Scheduling Order Deadlines, by Via Airlines, Inc.. (Hamilton, Philip) |
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| 26 | 26
notice
Appearance
Wed 07/25 10:39 AM
NOTICE of Appearance by Philip E. Hamilton on behalf of Via Airlines, Inc.. (Hamilton, Philip) |
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| Tuesday, May 22, 2018 | ||
| 25 | 25
2
pgs
order
Stipulation and Order ~Util - Add and Terminate Attorneys
Tue 05/22 1:57 PM
STIPULATED ORDER granting Withdrawal of Attorney Ron Joseph Bitman and Joseph A. Doerr as counsel for defendant. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Monday, May 21, 2018 | ||
| 24 | 24
4
pgs
motion
Withdraw
Mon 05/21 12:28 PM
MOTION to Withdraw as Counsel for Defendant by Via Airlines, Inc.. (Bitman, Ron) |
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| Friday, March 30, 2018 | ||
| 23 | 23
order
Stipulation and Order ~Util - Set Scheduling Order Deadlines
Fri 03/30 12:27 PM
STIPULATED ORDER Extending Dates: Discovery due by 9/30/2018 , Dispositive Motion Cut-off set for 10/30/2018 , Joint Final Pretrial Order due 1/31/2019, Final Pretrial Conference set for 2/7/2019 02:30 PM before District Judge Arthur J. Tarnow . Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Friday, December 29, 2017 | ||
| 22 | 22
4
pgs
trial
Witness List
Fri 12/29 10:59 AM
WITNESS LIST by Via Airlines, Inc. (Bitman, Ron) |
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| Tuesday, December 19, 2017 | ||
| 21 | 21
order
Stipulation and Order
Tue 12/19 4:12 PM
STIPULATED ORDER Extending Deadline for Exchanging Witnesses. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Friday, December 15, 2017 | ||
| 20 | 20
3
pgs
trial
Witness List
Fri 12/15 2:54 PM
Expert WITNESS LIST by Powwow, LLC (Dixon, Thomas) |
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| 19 | 19
trial
Witness List
Fri 12/15 2:54 PM
WITNESS LIST by Powwow, LLC (Dixon, Thomas) |
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| Tuesday, November 28, 2017 | ||
| 18 | 18
2
pgs
order
Order on Motion to Dismiss
Tue 11/28 2:03 PM
ORDER denying as moot6 Motion to Dismiss. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Friday, November 17, 2017 | ||
| 17 | 17
order
Scheduling Order
Fri 11/17 11:09 AM
SCHEDULING ORDER: Witnesses to be exchanged by 12/15/2017, Discovery Motions to be filed by 3/30/2018, Discovery due by 4/30/2018 , Dispositive Motion Cut-off set for 5/30/2018 , Joint Final Pretrial Order due 9/5/2018, Final Pretrial Conference set for 9/12/2018 02:30 PM before District Judge Arthur J. Tarnow . Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Thursday, November 16, 2017 | ||
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minutes
Scheduling Conference
Fri 11/17 11:07 AM
Minute Entry for proceedings before District Judge Arthur J. Tarnow: Scheduling Conference held on 11/16/2017. (MLan) |
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| Wednesday, October 04, 2017 | ||
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utility
Set Deadlines/Hearings
Wed 10/04 1:24 PM
TEXT-ONLY NOTICE: Scheduling/Settlement Conference ADJOURNED TO 11/16/2017 03:00 PM before District Judge Arthur J. Tarnow . (MLan) |
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| Friday, September 29, 2017 | ||
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utility
Set Deadlines/Hearings
Fri 09/29 10:53 AM
TEXT-ONLY NOTICE: Scheduling/Settlement Conference ADJOURNED TO 10/5/2017 03:30 PM before District Judge Arthur J. Tarnow . (MLan) |
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| Friday, September 08, 2017 | ||
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utility
Set Deadlines/Hearings
Fri 09/08 1:55 PM
TEXT-ONLY NOTICE: Scheduling/Settlement Conference ADJOURNED TO 10/4/2017 04:00 PM before District Judge Arthur J. Tarnow . (MLan) |
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| Friday, August 04, 2017 | ||
| 16 | 16
notice
Appear*
Fri 08/04 9:49 AM
NOTICE TO APPEAR: Scheduling/Settlement Conference RE-set for 9/11/2017 at 2:00 PM before District Judge Arthur J. Tarnow. (TMcg) |
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| Monday, July 31, 2017 | ||
| 15 | 15
notice
Appear*
Mon 07/31 3:55 PM
NOTICE TO APPEAR: Scheduling/Settlement Conference set for 8/23/2017 03:00 PM before District Judge Arthur J. Tarnow . (MLan) |
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| Wednesday, June 28, 2017 | ||
| 14 | 14
10
pgs
answer
Answer to Counterclaim
Wed 06/28 4:22 PM
ANSWER to Counterclaim with Affirmative Defenses by Powwow, LLC. (Martone, Jonathan) |
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| Monday, June 19, 2017 | ||
| 13 | 13
13
pgs
answer
Answer to Complaint Civil Case - Counterclaim
Mon 06/19 6:18 PM
ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM filed by All Defendants against Powwow, LLC by All Defendants. (Doerr, Joseph) |
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| Wednesday, June 14, 2017 | ||
| 12 | 12
order
Stipulation and Order Requiring Responsive Pleading*
Wed 06/14 4:07 PM
STIPULATED ORDER Setting Date for Response to10 Amended Complaint. Response due by 6/20/2017 . Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Wednesday, May 24, 2017 | ||
| 11 | 11
20
pgs
respm
Response to Motion
Wed 05/24 3:51 PM
RESPONSE to6 MOTION to Dismiss , Plaintiff's Response in Opposition to Defendant's Motion to Dismiss, filed by Powwow, LLC. (Martone, Jonathan) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A - Amended Complaint,
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Att: 3
Exhibit B - FL Division of Corporations Foreign Profit Corporation Report,
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Att: 4
Exhibit C - DE Department of State, Division of Corporations Reports,
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Att: 5
Exhibit D - Unpublished Case, Moratorium Now! v. Detroit 300 Conservancy,
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Att: 6
Exhibit E - Defendant counsels email regarding motion,
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Att: 7
Exhibit F - Unpublished Case, U.S. Specialty Insurance Co v. Caasti Professional Contracting Service, Inc.,
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Att: 8
Exhibit G - Unpublished Case, Wake Plumbing & Piping, Inc. v. McShane Mech. Contracting, Inc.
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| Tuesday, May 23, 2017 | ||
| 10 | 10
cmp
Civil Case - Complaint, Amended
Tue 05/23 4:36 PM
AMENDED COMPLAINT filed by Powwow, LLC against Powwow, LLC. NO NEW PARTIES ADDED. (Martone, Jonathan) |
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Att: 1
Exhibit A - ViaAirs FAA Airline Certificate Information Report,
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Att: 2
Exhibit B - ViaAirs FAA Airline Certificate Information Report,
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Att: 3
Exhibit C - Via Airlines, Inc Leadership webpage,
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Att: 4
Exhibit D - March 25, 2015 Lease Agreement,
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Att: 5
Exhibit E - June 7, 2016 Lease Amendment,
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Att: 6
Exhibit F - October 13, 2016 Email from Matthew Macri,
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Att: 7
Exhibit G - January 31, 2017 Letter from William Larkin
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| Monday, May 22, 2017 | ||
| 9 | 9
notice
Appearance
Mon 05/22 4:31 PM
NOTICE of Appearance by Ron Joseph Bitman on behalf of Via Airlines, Inc.. (Bitman, Ron) |
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| Monday, May 15, 2017 | ||
| 8 | 8
order
Stipulation and Order
Mon 05/15 3:43 PM
STIPULATED ORDER Establishing Date to Respond to Count II of1 Complaint. Signed by District Judge Arthur J. Tarnow. (MLan) |
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| Thursday, May 04, 2017 | ||
| 7 | 7
misc
Statement of Disclosure of Corporate Affiliations
Thu 05/04 5:14 PM
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Defendants identifying Corporate Parent Via Airlines, Inc, for Via Airlines, Inc., Via Airlines, Inc.. (Doerr, Joseph) |
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| 6 | 6
motion
Dismiss
Thu 05/04 5:07 PM
MOTION to Dismiss by All Defendants. (Doerr, Joseph) |
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Att: 1
Exhibit Exhibit A (unpublished cases)
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| 5 | 5
notice
Appearance
Thu 05/04 4:42 PM
NOTICE of Appearance by Joseph A. Doerr on behalf of All Defendants. (Doerr, Joseph) |
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| Thursday, April 27, 2017 | ||
| 4 | 4
service
Certificate of Service/Summons Returned Executed
Thu 04/27 5:01 PM
CERTIFICATE of Service/Summons Returned Executed. Via Airlines, Inc. served on 4/14/2017, answer due 5/5/2017. (Martone, Jonathan) |
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Att: 1
Exhibit A - Proof of Service - Via Airlines fka Charter Air.,
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Att: 2
Exhibit B - Affidavit of Service - Via Airlines fka Charter Transport,
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Att: 3
Exhibit C - Proof of Service - Via Airlines,
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Att: 4
Exhibit D - Affidavit of Service - Via Airlines
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| 3 | 3
notice
Appearance
Thu 04/27 2:30 PM
NOTICE of Appearance by Thomas M. Dixon on behalf of Powwow, LLC. (Dixon, Thomas) |
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| Thursday, April 13, 2017 | ||
| 2 | 2
service
Summons Issued*
Thu 04/13 3:58 PM
SUMMONS Issued for * All Defendants * (LGra) |
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notice
Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
Thu 04/13 3:52 PM
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at[LINK:http://www.mied.uscourts.gov] (LGra) |
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| Tuesday, April 11, 2017 | ||
| 1 | 1
20
pgs
cmp
Civil Case - Complaint
Tue 04/11 3:17 PM
COMPLAINT filed by Powwow, LLC against Via Airlines, Inc.. Plaintiff requests summons issued. Receipt No: 0645-6179286 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Martone, Jonathan) |
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Att: 1
Exhibit A - ViaAir-Is FAA Airline Certificate Information Report,
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Att: 2
Exhibit B - ViaAir-IIs FAA Airline Certificate Information Report,
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Att: 3
Exhibit C - March 25, 2015 Lease Agreement,
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Att: 4
Exhibit D - June 7, 2016 Lease Amendment,
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Att: 5
2 pgs
Exhibit E -October 13, 2016 Email from Matthew Macri,
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Att: 6
2 pgs
Exhibit F - January 31, 2017 Letter from William Larkin
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