Hobby Lobby Stores Inc. v. Obbink
| Oklahoma Western District Court | |
| Judge: | David L Russell |
| Case #: | 5:23-cv-00879 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Oct 04, 2023 |
| Terminated: | Mar 11, 2024 |
| Case in other court: | New York Eastern, 1:21-cv-03113 |
| Last checked: Monday Apr 01, 2024 3:25 AM CDT |
|
Defendant
Dirk D. Obbink
|
|
|
Plaintiff
Hobby Lobby Stores Inc
|
Represented By
|
| Docket last updated: 4 hours ago |
| Monday, March 11, 2024 | ||
| 31 | 31
2
pgs
order
Judgment - Default
Mon 03/11 10:51 AM
DEFAULT JUDGMENT : Judgment is hereby entered in favor of Plaintiff Hobby Lobby Stores, Inc. and against Defendant Dirk D. Obbink, in the amount of $7,085,100.00, together with prejudgment interest from February 5, 2013, at the rate of 6% per annum, as specified in 15 Okla. Stat.§ 266, postjudgment interest at the rate provided in 28 U.S.C § 1961 until the judgment is satisfied, and attorneys fees and costs. Signed by Judge David L. Russell on 03/11/2024. (km) |
|
| Thursday, February 15, 2024 | ||
| 30 | 30
9
pgs
motion
Default Judgment
Thu 02/15 3:16 PM
MOTION for Default Judgment as to Defendant, Dirk D. Obbink by Hobby Lobby Stores Inc.(O'Roke, Erin) |
|
|
Att: 1
Exhibit 1-Decl. of Erin L. O'Roke,
|
||
|
Att: 2
3 pgs
Exhibit 2-Decl. of Steve Green
|
||
| Tuesday, January 30, 2024 | ||
| 29 | 29
order
Clerks Entry of Default Order on Motion for Entry of Default
Tue 01/30 11:21 AM
CLERK'S ENTRY OF DEFAULT as to Defendant Dirk D. Obbink. (km) |
|
| Monday, January 29, 2024 | ||
| 28 | 28
motion
Entry of Default
Mon 01/29 3:44 PM
MOTION for Entry of Default by Hobby Lobby Stores Inc. (O'Roke, Erin) |
|
| Thursday, January 25, 2024 | ||
| 27 | 27
1
pgs
order
Order to Show Cause
Thu 01/25 10:45 AM
ORDER : Service appears to have been made upon Defendant, however Defendant Dirk D. Obbink has failed to appear, plead, or otherwise respond. Plaintiff is directed to file, within ten days, a motion seeking a Clerk's Entry of Default, or to show good cause for the failure to do so. Signed by Judge David L. Russell on 01/25/2024. (km) |
|
| Tuesday, January 16, 2024 | ||
| 26 | 26
service
Affidavit of Service - NON SUMMONS
Tue 01/16 11:51 AM
AFFIDAVIT of Service for Amended Complaint served on Dirk D Obbink on 11/04/2023, filed by Plaintiff Hobby Lobby Stores Inc.(O'Roke, Erin) |
|
|
Att: 1
Exhibit 1-Witness Stmt- D. Herniman
|
||
| Tuesday, October 17, 2023 | ||
| 25 | 25
12
pgs
cmp
Amended Complaint
Tue 10/17 2:31 PM
AMENDED COMPLAINT against Dirk D. Obbink filed by Hobby Lobby Stores Inc.(O'Roke, Erin) |
|
| Tuesday, October 10, 2023 | ||
| 24 | 24
notice
Entry of Appearance
Tue 10/10 11:05 AM
ENTRY of Appearance by Erin L O'Roke on behalf of Hobby Lobby Stores Inc (O'Roke, Erin) |
|
| Thursday, October 05, 2023 | ||
| 23 | 23
cmp
Case Transferred In - District Transfer
Thu 10/05 11:15 AM
Case transferred in from District of New York Eastern; Case Number 1:21-cv-03113. |
|
| Wednesday, October 04, 2023 | ||
| Case transferred to District of Western District of Oklahoma. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Magistrate Judge Marcia M. Henry on 10/4/2023. (IH) [Transferred from New York Eastern on 10/5/2023.] | ||
| Monday, September 25, 2023 | ||
| 22 | 22
CERTIFICATE OF SERVICE by Hobby Lobby Stores Inc. for Memorandum and Order (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Saturday, September 23, 2023 | ||
| 21 | 21
ORDER granting 15 : Plaintiff's motion to transfer venue is granted . See attached for details. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Western District of Oklahoma within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. Plaintiff shall mail a copy of this Order to Defendant and shall file proof of service forthwith. So Ordered by Magistrate Judge Marcia M. Henry on 09/23/2023. (MY) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Wednesday, January 11, 2023 | ||
| ORDER REFERRING MOTION: Defendant's response to plaintiff's motion to change venue was due 12/28/2022, but was not filed by that date. To date, defendant has not appeared in this action. Accordingly, the Court deems the15 motion to change venue fully briefed. The15 motion to change venue is respectfully referred to Magistrate Judge Henry. Ordered by Judge Rachel P. Kovner on 1/11/2023. (SDC) [Transferred from New York Eastern on 10/5/2023.] | ||
| Tuesday, January 10, 2023 | ||
| 20 | 20
Letter Re: Motion to Change Venue by Hobby Lobby Stores Inc. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 19 | 19
AFFIDAVIT of Service for Motion to Change Venue served on Dirk D. Obbink on November 25, 2022, filed by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 18 | 18
14
pgs
MEMORANDUM in Support re15 MOTION to Change Venue filed by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 17 | 17
AFFIDAVIT/DECLARATION in Support re15 MOTION to Change Venue by Michael McCullough filed by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
|
Att: 1
Appendix Draft Amended Complaint
|
||
| 16 | 16
AFFIDAVIT/DECLARATION in Support re15 MOTION to Change Venue by Steve Green filed by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 15 | 15
MOTION to Change Venue by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Monday, October 31, 2022 | ||
| ORDER: The request for pre-motion conference at14 is denied. The Court has determined that a pre-motion conference is unnecessary. Plaintiff may serve its motion to transfer on defendant by 11/28/2022 (but the motion shall not be filed on the docket at that time). Defendant may serve a response on plaintiff by 12/28/2022 (but the response shall not be filed on the docket at that time). Plaintiff may serve on defendant a reply, if any, by 1/11/2023. The parties shall file all documents associated with the fully-briefed motion with the Court by 1/11/2023. See Judge Kovner's Individual Rules IV.B. Ordered by Judge Rachel P. Kovner on 10/28/2022. (de Carvalho, Simon) [Transferred from New York Eastern on 10/5/2023.] | ||
| Thursday, July 28, 2022 | ||
| 14 | 14
Letter Requesting Pre-Motion Conference by Hobby Lobby Stores Inc. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Friday, July 22, 2022 | ||
| ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in Magistrate Judge Henry's July 21, 2022 Report & Recommendation, plaintiff is granted leave to file an amended complaint, and plaintiff's motions for default judgment at10 and11 are denied as moot. Ordered by Judge Rachel P. Kovner on 7/22/2022. (Andrews, Stephen) [Transferred from New York Eastern on 10/5/2023.] | ||
| Thursday, July 21, 2022 | ||
| REPORT & RECOMMENDATION : For the reasons stated on the record at the 06/30/2022 motion hearing. I respectfully recommend that the motions for default judgment at10 and11 be denied as moot and that Plaintiff be granted leave to file an amended complaint. Specifically, Plaintiff stated its intention to withdraw the motions and to amend the Complaint to address several deficiencies. ( See 06/30/2022 Tr., ECF No. 13 at 6:1-12.) Among other things, an amended complaint would include sufficient allegations of personal jurisdiction over the Defendant and venue in this district, as well as pleading fraud with particularity. (06/30/2022 Tr., ECF No. 13 at 5:4-19; 6:20-8:24; 9:23-10:23.) "In the ordinary course, the Federal Rules of Civil Procedure provide that courts 'should freely give leave' to amend a complaint 'when justice so requires.'" Williams v. Citigroup Inc. , 659 F.3d 208, 212 (2d Cir. 2011) (citing Fed. R. Civ. P. 15(a)(2)). I therefore respectfully recommend that the Court deny the motions for default judgment at ECF Nos. 10 and 11 as moot and grant Plaintiff leave to amend the Complaint. So Ordered by Magistrate Judge Marcia M. Henry on 07/21/2022. (Gans, Courtney) [Transferred from New York Eastern on 10/5/2023.] | ||
| Wednesday, July 13, 2022 | ||
| 13 | 13
TRANSCRIPT of Proceedings held on June 30, 2022, before Judge Henry. Court Transcriber: Fiore Reporting and Transcription Service, Inc. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/3/2022. Redacted Transcript Deadline set for 8/13/2022. Release of Transcript Restriction set for 10/11/2022. (Rocco, Christine) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Thursday, June 30, 2022 | ||
| MINUTE ENTRY AND ORDER: A telephone motion hearing was held on 06/30/2022 before Magistrate Judge Marcia M. Henry. Michael McCullough and Anju Uchima appeared on behalf of the Plaintiff. No appearance for the Defendant. As stated on the record, the Court heard oral argument on Plaintiff's motions for default judgment at10 and11 . Plaintiff expressed its intention to withdraw the motions for default judgment in favor of amending the Complaint and serving an amended complaint. So Ordered by Magistrate Judge Marcia M. Henry on 06/30/2022. (AT&T Log # 4:06PM-4:27PM). (Castro, Ricardo) [Transferred from New York Eastern on 10/5/2023.] | ||
| Tuesday, June 28, 2022 | ||
| 12 | 12
NOTICE of Appearance by Anju Uchima on behalf of All Plaintiffs (aty to be noticed) (Uchima, Anju) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Monday, June 20, 2022 | ||
| 11 | 11
MOTION for Default Judgment Memorandum of Law by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Thursday, June 02, 2022 | ||
| SCHEDULING ORDER: A telephone motion hearing to discuss10 is scheduled for 06/30/2022 at 4:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. The Court has reviewed the Plaintiff's motion for default judgment. As an initial matter, Plaintiff failed to include a memorandum of law in its motion papers "setting for the cases and other authorities relied upon in support of the motion." Local Civ. R. 7.1(a)(2). Plaintiff further failed to "append to the application: (1) the Clerk's certificate of default, [and] (2) a copy of the claim to which no response has been made[.]" Local Civ. R. 55.2(b)(1), (b)(2). Accordingly, by 06/20/222, Plaintiff is directed to file a memorandum of law (not to exceed 20 pages) in support of its motion for default judgment addressing the legal basis for the requested relief, including: (1) why the Court has personal jurisdiction over Defendant; (2) why venue in this district is proper; (3) why service of the summons and the Complaint was proper; (4) whether the Complaint pleads fraud with particularity in accordance with Fed. R. Civ. P. 9(b); and (5) whether the Complaint adequately pleads parallel fraud and breach of contract claims. See BJB Ltd. v. iStar Jewelry LLC, 533 F. Supp. 3d 83, 102 (E.D.N.Y. 2021). In the alternative, by 06/20/222 , Plaintiff may file a letter indicating whether it will withdraw its motion for default judgment at 10 and instead amend the Complaint, serve the amended complaint, and amend and re-file its motion for default judgment. So Ordered by Magistrate Judge Marcia M. Henry on 06/02/2022. (Castro, Ricardo) [Transferred from New York Eastern on 10/5/2023.] | ||
| Thursday, December 23, 2021 | ||
| ORDER REFERRING MOTION: The motion for default judgment at10 is respectfully referred to Magistrate Judge Henry. Ordered by Judge Rachel P. Kovner on 12/22/2021. (Andrews, Stephen) [Transferred from New York Eastern on 10/5/2023.] | ||
| Tuesday, December 21, 2021 | ||
| 10 | 10
First MOTION for Default Judgment by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
|
Att: 1
Affidavit
|
||
| Tuesday, November 30, 2021 | ||
| 9 | 9
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Dirk D. Obbink has failed to appear or otherwise defend this action, the default of defendant Dirk D. Obbink is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Thursday, November 18, 2021 | ||
| 8 | 8
Request for Certificate of Default by Hobby Lobby Stores Inc. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
|
Att: 1
Exhibit Proposed Certificate of Default,
|
||
|
Att: 2
Exhibit Certification of Service,
|
||
|
Att: 3
Exhibit Attorney Affirmation,
|
||
|
Att: 4
Exhibit Exhibit A to Attorney Affirmation
|
||
| Monday, September 13, 2021 | ||
| 7 | 7
Letter to Judge Kovner in response to Order of September 7, 2021 by Hobby Lobby Stores Inc. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
|
Att: 1
Exhibit
|
||
| Sunday, September 12, 2021 | ||
| 6 | 6
SUMMONS Returned Executed by Hobby Lobby Stores Inc.. Dirk D. Obbink served on 9/7/2021, answer due 9/28/2021. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| Tuesday, September 07, 2021 | ||
| ORDER: The1 complaint in this case was filed on 6/2/2021. Under Federal Rule of Civil Procedure 4(m), plaintiff was required to serve defendant by 8/31/2021. By 9/15/2021, plaintiff is directed to file proof that service was timely effected or a status report showing good cause why such service has not been made. Failure to do so may result in dismissal of this case for failure to serve under Rule 4(m) or failure to prosecute under Rule 41. Ordered by Judge Rachel P. Kovner on 9/7/2021. (SK) [Transferred from New York Eastern on 10/5/2023.] | ||
| Wednesday, June 02, 2021 | ||
| 5 | 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 4 | 4
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 3 | 3
Summons Issued as to Dirk D. Obbink. (Bowens, Priscilla) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 2 | 2
Civil Cover Sheet.. Re1 Complaint, by Hobby Lobby Stores Inc. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
| 1 | 1
COMPLAINT against Dirk D. Obbink filing fee $ 402, receipt number ANYEDC-14528380 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Hobby Lobby Stores Inc.. (McCullough, Michael) [Transferred from New York Eastern on 10/5/2023.]
|
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Proposed Summons
|
||
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 10/5/2023.] | ||
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 10/5/2023.] | ||