TRI-LIFT INDUSTRIES, INC. v. INDUSTRYBUILT SOFTWARE, LTD. et al
| Georgia Northern District Court | |
| Judge: | Thomas W Thrash, Jr |
| Case #: | 1:24-cv-00419 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity action. |
| Case Filed: | Jan 30, 2024 |
| Terminated: | Feb 17, 2025 |
| Case in other court: | North Carolina Middle, 1:23-cv-01120 |
| Last checked: Sunday Jul 28, 2024 6:44 AM EDT |
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Counter Claimant
Aptean, Inc.
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Represented By
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Counter Claimant
IndustryBuilt Software, Ltd.
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Represented By
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Counter Defendant
Tri-Lift Industries, Inc.
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Represented By
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Defendant
Aptean, Inc.
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Represented By
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Defendant
IndustryBuilt Software, Ltd.
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Represented By
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Plaintiff
Tri-Lift Industries, Inc.
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Represented By
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| Docket last updated: 04/23/2025 11:59 PM EDT |
| Monday, February 17, 2025 | ||
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misc
Clerks Entry of Dismissal
Mon 02/17 1:56 PM
Clerk's Entry of Dismissal APPROVING34 Stipulation of Dismissal With Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (tcc) |
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utility
Terminate Civil Case
Mon 02/17 1:56 PM
Civil Case Terminated. (tcc) |
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| Friday, February 14, 2025 | ||
| 34 | 34
misc
Stipulation of Dismissal
Fri 02/14 11:52 AM
STIPULATION of Dismissal With Prejudice by Tri-Lift Industries, Inc.. (Stratton, Daniel) |
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| Friday, December 06, 2024 | ||
| 33 | 33
discov
Certificate of Service
Fri 12/06 11:59 AM
CERTIFICATE OF SERVICE re: Plaintiff Tri-Lift Industries, Inc.s Responses to Defendants First Interrogatories, First Requests for Production, and First Requests for Admissions on Defendants by Tri-Lift Industries, Inc..(Stratton, Daniel) |
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| Wednesday, October 23, 2024 | ||
| 32 | 32
3
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 10/23 3:02 PM
ORDER granting31 Motion to Modify Scheduling Order. IT IS ORDERED that the Scheduling Order shall be amended as follows: The parties will designate a mediator by 12/2/2024 and shall participate in a mediation on or before 1/31/2025. Discovery ends on 3/18/2025. Motions to Compel are due by 3/31/2025. Motions for Summary Judgment are due by 4/14/2025. If no Motions for Summary Judgment are filed, the Proposed Consolidated Pretrial Order is due by 4/14/2025. See Order for further deadlines. Signed by Judge Thomas W. Thrash, Jr. on 10/23/2024. (bmr) |
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| Tuesday, October 22, 2024 | ||
| 31 | 31
motion
Discovery
Tue 10/22 4:50 PM
Joint MOTION for Discovery To Modify Scheduling Order by Tri-Lift Industries, Inc..(Sullivan, Catherine) |
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Att: 1
Exhibit A - Text of Proposed Order
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| Tuesday, October 15, 2024 | ||
| 30 | 30
discov
Certificate of Service
Tue 10/15 6:12 PM
CERTIFICATE OF SERVICE Rule 5.4 Certificate for Discovery Requests by Aptean, Inc., IndustryBuilt Software, Ltd..(Scott, Tacita) |
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| Friday, June 14, 2024 | ||
| 29 | 29
discov
Certificate of Service
Fri 06/14 9:30 PM
CERTIFICATE OF SERVICE by Aptean, Inc., IndustryBuilt Software, Ltd..(Scott, Tacita) |
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| Tuesday, April 30, 2024 | ||
| 28 | 28
discov
Certificate of Service
Tue 04/30 3:14 PM
CERTIFICATE OF SERVICE Plaintiff's Rule 5.4 Certificate of Service by Tri-Lift Industries, Inc..(Sullivan, Catherine) |
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| Friday, March 22, 2024 | ||
| 27 | 27
discov
Initial Disclosures
Fri 03/22 12:54 PM
First Initial Disclosures by Aptean, Inc., IndustryBuilt Software, Ltd..(Scott, Tacita) |
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| Wednesday, March 20, 2024 | ||
| 26 | 26
order
Scheduling Order
Wed 03/20 1:14 PM
SCHEDULING ORDER: re:25 Joint Preliminary Report and Discovery Plan Amended Pleadings due by 4/14/2024. Discovery ends on 11/15/2024. Motions due by 12/15/2024. Proposed Pretrial Order due by 12/15/2024. Signed by Judge Thomas W. Thrash, Jr. on 3/20/2024. (jkb) |
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utility
Clerks Certificate of Mailing
Wed 03/20 1:16 PM
Clerk's Certificate of Mailing to Daniel Stratton and Denis E. Jacobson re26 Scheduling Order. (jkb) |
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| Friday, March 15, 2024 | ||
| 25 | 25
misc
Joint Preliminary Report and Discovery Plan
Fri 03/15 4:30 PM
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Aptean, Inc., Aptean, Inc., IndustryBuilt Software, Ltd., IndustryBuilt Software, Ltd.. (Scott, Tacita) |
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| Wednesday, March 13, 2024 | ||
| 24 | 24
order
Order on Application for Admission Pro Hac Vice
Wed 03/13 2:34 PM
ORDER granting22 Application for Admission Pro Hac Vice to Denis E. Jacobson. Signed by Judge Thomas W. Thrash, Jr. on 03/13/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jkb) |
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| 23 | 23
order
Order on Application for Admission Pro Hac Vice
Wed 03/13 2:28 PM
ORDER granting21 Application for Admission Pro Hac Vice of Daniel D. Stratton. Signed by Judge Thomas W. Thrash, Jr. on 03/13/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jkb) |
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utility
Clerks Certificate of Mailing
Wed 03/13 2:29 PM
Clerk's Certificate of Mailing to Daniel D. Stratton re23 Order on Application for Admission PHV. (jkb) |
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utility
Clerks Certificate of Mailing
Wed 03/13 2:35 PM
Clerk's Certificate of Mailing to Denis E. Jacobson re24 Order on Application for Admission PHV. (jkb) |
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| Tuesday, March 12, 2024 | ||
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misc
Approval of Application for Admission PHV
Tue 03/12 11:33 AM
APPROVAL by Clerks Office re:22 APPLICATION for Admission of Denis E. Jacobson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13282711). Attorney Denis E. Jacobson added appearing on behalf of Tri-Lift Industries, Inc., Tri-Lift Industries, Inc.. E-filing access may be requested after an order granting the application is entered. (cpp) |
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misc
Approval of Application for Admission PHV
Tue 03/12 3:21 PM
APPROVAL by Clerks Office re:21 APPLICATION for Admission of Daniel D. Stratton Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13282691). Attorney Daniel D. Stratton added appearing on behalf of Tri-Lift Industries, Inc., Tri-Lift Industries, Inc.. E-filing access may be requested after an order granting the application is entered. (cpp) |
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| Monday, March 11, 2024 | ||
| 22 | 22
motion
Application for Admission Pro Hac Vice
Mon 03/11 4:37 PM
APPLICATION for Admission of Denis E. Jacobson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13282711).by Tri-Lift Industries, Inc.. (Sullivan, Catherine) |
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| 21 | 21
motion
Application for Admission Pro Hac Vice
Mon 03/11 4:34 PM
APPLICATION for Admission of Daniel D. Stratton Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13282691).by Tri-Lift Industries, Inc.. (Sullivan, Catherine) |
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| Wednesday, March 06, 2024 | ||
| 20 | 20
answer
Answer to Counterclaim
Wed 03/06 4:20 PM
Plaintiff's ANSWER to15 Counterclaim of Defendants by Tri-Lift Industries, Inc..(Sullivan, Catherine) |
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| Monday, February 26, 2024 | ||
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misc
Clerk's Notation for LOA/CIP
Mon 02/26 2:13 PM
Clerk's Notation re19 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by TWT. (cbi) |
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| Friday, February 23, 2024 | ||
| 19 | 19
misc
Certificate of Interested Persons/Corporate Disclosure Statement
Fri 02/23 4:26 PM
Certificate of Interested Persons and Corporate Disclosure Statement by Tri-Lift Industries, Inc.. (Sullivan, Catherine) |
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| 18 | 18
notice
Notice of Appearance
Fri 02/23 3:15 PM
NOTICE of Appearance by Catherine Clare Sullivan on behalf of Tri-Lift Industries, Inc. (Sullivan, Catherine) |
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| 17 | 17
notice
Notice of Appearance
Fri 02/23 3:14 PM
NOTICE of Appearance by Craig G. Kunkes on behalf of Tri-Lift Industries, Inc. (Kunkes, Craig) |
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| Friday, February 16, 2024 | ||
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misc
Clerk's Notation for LOA/CIP
Fri 02/16 2:19 PM
Clerk's Notation re16 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Judge Thrash. (jeh) |
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| Wednesday, February 14, 2024 | ||
| 16 | 16
misc
Certificate of Interested Persons/Corporate Disclosure Statement
Wed 02/14 9:01 PM
First Certificate of Interested Persons and Corporate Disclosure Statement by Aptean, Inc., IndustryBuilt Software, Ltd.. (Scott, Tacita) |
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| 15 | 15
answer
Answer to Complaint Counterclaim
Wed 02/14 8:55 PM
DEFENDANTS' ANSWER to1 COMPLAINT with Jury Demand ( Discovery ends on 7/15/2024.), First COUNTERCLAIM against Tri-Lift Industries, Inc. with Jury Demand by Aptean, Inc., IndustryBuilt Software, Ltd..(Scott, Tacita) |
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Att: 1
Exhibit Exhibit A: Order Form,
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Att: 2
Exhibit Exhibit B: Master Solution Agreement,
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Att: 3
Exhibit Exhibit C: Schedule of Professional Services for Aptean Equipment ERP
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| 14 | 14
notice
Notice of Appearance
Wed 02/14 8:46 PM
NOTICE of Appearance by Tacita A. Mikel Scott on behalf of Aptean, Inc., IndustryBuilt Software, Ltd. (Scott, Tacita) |
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| Friday, February 02, 2024 | ||
| 13 | 13
misc
Letter re:83.1
Fri 02/02 8:37 AM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Daniel D. Stratton. Clerk to follow-up by 2/12/2024. (cpp) |
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| 12 | 12
misc
Letter re:83.1
Fri 02/02 8:32 AM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Denis E. Jacobson. Clerk to follow-up by 2/12/2024. (cpp) |
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| Tuesday, January 30, 2024 | ||
| 11 | 11
transfer
Case Transferred In - District Transfer
Tue 01/30 10:40 AM
Case transferred in from District of North Carolina Middle; Case Number 1:23-cv-01120. Original file certified copy of transfer order and docket sheet received. |
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| 10 | 10
2
pgs
order
Order on Motion to Transfer Case
Tue 01/30 10:17 AM
ORDER GRANTING MOTION FOR TRANSFER OF VENUE AND MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 1/30/2024; that pursuant to 28 U.S.C. § 1404(b), 1. This case shall be transferred to the United States District Court for the Northern District of Georgia. 2. The time for the defendants to answer the complaint is extended to 14 days following the transfer of this matter. (sh) [Transferred from North Carolina Middle on 1/30/2024.] |
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| Friday, January 26, 2024 | ||
| Motions Submitted:9 Consent JOINT MOTION FOR TRANSFER OF VENUE AND EXTENSION OF TIME TO ANSWER COMPLAINT to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw) [Transferred from North Carolina Middle on 1/30/2024.] | ||
| Wednesday, January 24, 2024 | ||
| 9 | 9
Consent JOINT MOTION FOR TRANSFER OF VENUE AND EXTENSION OF TIME TO ANSWER COMPLAINT by TRI-LIFT INDUSTRIES, INC.(STRATTON, DANIEL) Modified on 1/25/2024 to complete title of document. (sh) [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Text of Proposed Order
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| Friday, January 12, 2024 | ||
| 8 | 8
STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES.(rw) [Transferred from North Carolina Middle on 1/30/2024.]
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| Thursday, January 11, 2024 | ||
| 7 | 7
NOTICE of Attorney Appearance by attorney DENIS E. JACOBSON on behalf of Plaintiff TRI-LIFT INDUSTRIES, INC. (JACOBSON, DENIS) [Transferred from North Carolina Middle on 1/30/2024.]
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| 6 | 6
AFFIDAVIT OF SERVICE as to INDUSTRYBUILT SOFTWARE, LTD. served on 1/4/2024, answer due 1/25/2024.(STRATTON, DANIEL) [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 5 | 5
AFFIDAVIT OF SERVICE as to APTEAN, INC. served on 1/4/2024, answer due 1/25/2024.(STRATTON, DANIEL) [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Wednesday, January 03, 2024 | ||
| 4 | 4
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (lg) [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Consent to Jurisdiction
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| 3 | 3
Summons Issued as to APTEAN, INC., INDUSTRYBUILT SOFTWARE, LTD.(lg) [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Summons Issued to Aptean, INC.
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| Thursday, December 28, 2023 | ||
| Case ASSIGNED to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (al) [Transferred from North Carolina Middle on 1/30/2024.] | ||
| Friday, December 22, 2023 | ||
| 2 | 2
Corporate Disclosure Statement. (STRATTON, DANIEL) (Main Document 2 replaced on 12/27/2023 with flattened document.) (sh) [Transferred from North Carolina Middle on 1/30/2024.]
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| 1 | 1
COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 405 receipt number ANCMDC-3728068.), filed by TRI-LIFT NORTH CAROLINA, INC..(STRATTON, DANIEL) Modified to add text to match Complaint Title on 12/27/2023 (al). [Transferred from North Carolina Middle on 1/30/2024.]
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Att: 1
Exhibit A
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