Texas Northern District Court
Judge:Sidney A Fitzwater
Case #: 3:25-cv-00780
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Account Receivable
Case Filed:Mar 31, 2025
Case in other court:Indiana Southern, 1:24-cv-00696
Last checked: Wednesday Apr 02, 2025 3:15 AM CDT
Defendant
SS Distro LLC
Represented By
Kevin Morris Toner
Plews Shadley Racher & Braun LLP
contact info
George M. Plews
Plews Shadley Racher & Braun LLP
contact info
Nicholas M. Brady
Plews Shadley Racher Braun LLP
contact info
Defendant
SS Distro USA LLC
Represented By
Kevin Morris Toner
Plews Shadley Racher & Braun LLP
contact info
George M. Plews
Plews Shadley Racher & Braun LLP
contact info
Nicholas M. Brady
Plews Shadley Racher Braun LLP
contact info
Plaintiff
3C LLC
Represented By
Michael D. Moon, Jr.
Barnes & Thornburg, Llp (indianapolis)
contact info
Amanda Jane Gallagher
Barnes & Thornburg LLP
contact info


Docket last updated: 6 hours ago
Friday, April 04, 2025
39 39 notice Notice of Attorney Appearance Fri 04/04 4:26 PM
NOTICE of Attorney Appearance by Joshua John Brandau on behalf of 3C LLC. (Filer confirms contact info in ECF is current.) (Brandau, Joshua)
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Thursday, April 03, 2025
38 38 3 pgs order Order for Scheduling Order Proposal Fri 04/04 9:18 AM
ORDER: Proposed Scheduling Order due by 5/1/2025. (Ordered by Senior Judge Sidney A Fitzwater on 4/3/2025) (agc)
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37 37 2 pgs order Order Fri 04/04 9:15 AM
ORDER: Plaintiff and Defendants have not filed the certificate of interested persons required by N.D. Tex. Civ. R. 81.2. Within 14 days of the date this order is filed, plaintiff and defendants must comply with Rule 81.2 so that the court can determine whether recusal is required in this case. Plaintiff and defendants have not complied with the local counsel requirement of N.D. Tex. Civ. R. 83.10(a). Within 14 days of the date this order is filed, plaintiff and defendants must file with the clerk of court one of the following: (1) a letter that demonstrates why counsel is not subject to, or is exempt from, the local counsel requirement of Rule 83.10(a) or that points out how and when local counsel has previously been designated; (2) a designation of local counsel that states local counsels address and telephone number, as required by Fed. R. Civ. P. 11(a), and includes the information required by N.D. Tex. Civ. R. 10.1(b); or (3) a motion for leave to proceed without local counsel. Counsel who are not members of the Bar of this court and have not been admitted pro hac vice in this case must at the same time apply for admission to the Bar or for admission pro hac vice. (Ordered by Senior Judge Sidney A Fitzwater on 4/3/2025) (agc)
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36 36 1 pgs order Order Fri 04/04 9:10 AM
ORDER: Qithin 14 days of the date of this order, Counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Senior Judge Sidney A Fitzwater on 4/3/2025) (agc)
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Tuesday, April 01, 2025
35 35 misc Court Request For Recusal Tue 04/01 2:30 PM
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge Sidney A Fitzwater for all further proceedings. Future filings should indicate the case number as: 3:25-cv-00780-K. (cea)
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Monday, March 31, 2025
34 34 qcref Fish Tue 04/01 9:14 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (knb)
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33 33 utility Electronic Case Transferred In - District Transfer (Public Entry) Tue 04/01 9:07 AM
Case electronically transferred in from District of Indiana Southern; Case Number 1:24-cv-00696. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified file date on 4/1/2025 (knb).
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32 32 Transfer Letter to Clerk of the Northern District of Texas. Case transferred electronically to Northern District of Texas, on March 31, 2025. (LBT) [Transferred from Indiana Southern on 4/1/2025.]
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31 31 CLOSED TRANSFER - The Court concludes that it lacks personal jurisdiction over Defendant SS Distro. As a result, the Court TRANSFERS this case to the Northern District of Texas pursuant to 28 U.S.C § 1631, and DENIES as moot SS Distro's Motion to Dismiss (Filing No.17 ). The Clerk is directed to transfer this matter to the United States District Court for the Northern District of Texas. See Order for details. Signed by Judge Tanya Walton Pratt on 3/31/2025.(LBT) [Transferred from Indiana Southern on 4/1/2025.]
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Sunday, January 19, 2025
30 30 MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 1/17/2025. This matter is scheduled for a telephonic status conference on Wednesday, April 30, 2025 at 10:00 a.m. (Eastern) (Note change to start time) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD) [Transferred from Indiana Southern on 4/1/2025.]
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Tuesday, October 29, 2024
28 28 MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 10/1/2024. Parties to meet and confer on a revised case management plan within 10 days following a ruling on a pending Motion to Dismiss. Parties to file a motion to adopt the revised case management plan should any claims continue. This matter is scheduled for a telephonic status conference on Friday, January 17, 2025 at 10:00 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD) [Transferred from Indiana Southern on 4/1/2025.]
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Tuesday, August 06, 2024
26 26 COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (BAA) [Transferred from Indiana Southern on 4/1/2025.]
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25 25 SCHEDULING ORDER - Having approved the Case Management Plan as submitted, the Court hereby sets the final pretrial conference on November 12, 2025 at 10:00 a.m. in Room 330, and the jury trial to begin on December 8, 2025 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 8/6/2024. (BAA) [Transferred from Indiana Southern on 4/1/2025.]
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Tuesday, July 02, 2024
24 24 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED - Dispositive Motions due by 4/18/2025. Discovery due by 2/19/2025. Signed by Magistrate Judge Mario Garcia on 7/2/2024.(KAA) [Transferred from Indiana Southern on 4/1/2025.]
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23 23 MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Initial Pretrial Conference held on 7/1/2024. The Court will approve the Case Management Plan, by separate order, as submitted and all pretrial disclosure dates and discovery is stayed pending a ruling on a pending Motion to Dismiss. The parties should notify the magistrate judge's chambers if an agreement is reached prior to the next conference. This matter is scheduled for a telephonic status conference on Tuesday, October 1, 2024 at 4:00 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD) [Transferred from Indiana Southern on 4/1/2025.]
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Monday, June 24, 2024
21 21 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff 3C, LLC . (Moon, Michael) [Transferred from Indiana Southern on 4/1/2025.]
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Thursday, June 20, 2024
20 20 REPLY in Support of Motion re17 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants SS DISTRO LLC, SS DISTRO USA, LLC. (Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Wednesday, June 12, 2024
19 19 RESPONSE in Opposition re17 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff 3C, LLC.(Gallagher, Amanda) [Transferred from Indiana Southern on 4/1/2025.]
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Att: 1 Rice Declaration ISO of Response in Opposition to MTD,
Att: 2 Exhibit 1-Nov. Invoice,
Att: 3 Exhibit 2-Returned Products
Wednesday, May 22, 2024
18 18 BRIEF/MEMORANDUM in Support re17 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants SS DISTRO LLC, SS DISTRO USA, LLC.(Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Att: 1 Exhibit Declaration of Sharjeel Surani
17 17 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants SS DISTRO LLC, SS DISTRO USA, LLC. (Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Monday, May 13, 2024
16 16 ORDER granting15 Motion for Extension of Time. The time within which Defendants may file their response to Plaintiff's Complaint is extended to and including May 22, 2024. Signed by Magistrate Judge Mario Garcia on 5/13/2024. (LBT) [Transferred from Indiana Southern on 4/1/2025.]
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Thursday, May 09, 2024
15 15 Unopposed MOTION for Extension of Time to May 22, 2024 to Respond to Plaintiff's Complaint , filed by Defendants SS DISTRO LLC, SS DISTRO USA, LLC.(Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Att: 1 Text of Proposed Order Extension of Time
Friday, May 03, 2024
14 14 ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - A Telephonic Initial Pretrial Conference is set for 7/1/2024 at 3:00 PM (Eastern Time) before the Honorable Mario Garcia, United States Magistrate Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. (See Order.) Signed by Magistrate Judge Mario Garcia on 5/3/2024. (JSR) [Transferred from Indiana Southern on 4/1/2025.]
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Monday, April 29, 2024
13 13 NOTICE of Appearance by Michael D. Moon, Jr on behalf of Plaintiff 3C, LLC. (Moon, Michael) [Transferred from Indiana Southern on 4/1/2025.]
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12 12 NOTICE LR 81-1 Statement , filed by Plaintiff 3C, LLC, re1 Notice of Removal. (Gallagher, Amanda) [Transferred from Indiana Southern on 4/1/2025.]
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11 11 Rule 7.1 Disclosure Statement by 3C, LLC. (Gallagher, Amanda) [Transferred from Indiana Southern on 4/1/2025.]
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10 10 NOTICE of Appearance by Amanda Jane Gallagher on behalf of Plaintiff 3C, LLC. (Gallagher, Amanda) [Transferred from Indiana Southern on 4/1/2025.]
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9 9 ORDER granting8 Motion for Extension of Time to Respond to Plaintiff's Complaint. The time within which Defendants may file their response to Plaintiff's Complaint is extended to and including May 10, 2024. Signed by Magistrate Judge Mario Garcia on 4/29/2024. (TPS) [Transferred from Indiana Southern on 4/1/2025.]
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Friday, April 26, 2024
8 8 Unopposed MOTION for Extension of Time to May 10, 2024 to Respond to Plaintiff's Complaint , filed by Defendants SS DISTRO LLC, SS DISTRO USA, LLC.(Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Att: 1 Text of Proposed Order Extension of Time
Monday, April 22, 2024
7 7 NOTICE of Appearance by Nicholas M. Brady on behalf of Defendants SS DISTRO LLC, SS DISTRO USA, LLC, SS VAPE SMOKE USA. (Brady, Nicholas) [Transferred from Indiana Southern on 4/1/2025.]
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6 6 Rule 7.1 Disclosure Statement by SS DISTRO LLC identifying Corporate Parent SS Distro USA, LLC for SS DISTRO LLC.. (Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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5 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) [Transferred from Indiana Southern on 4/1/2025.]
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4 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) [Transferred from Indiana Southern on 4/1/2025.]
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Friday, April 19, 2024
3 3 NOTICE of Appearance by George M. Plews on behalf of Defendants SS DISTRO LLC, SS DISTRO USA, LLC, SS VAPE SMOKE USA. (Plews, George) [Transferred from Indiana Southern on 4/1/2025.]
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2 2 NOTICE of Appearance by Kevin Morris Toner on behalf of Defendants SS DISTRO LLC, SS DISTRO USA, LLC, SS VAPE SMOKE USA. (Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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1 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D06-2403-CT-011837, filed by All Defendants. (Filing fee $405, receipt number AINSDC-8126543)(Toner, Kevin) [Transferred from Indiana Southern on 4/1/2025.]
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Att: 1 State Court Record Docket Sheet, Complaint, Appearance, Summons, Motion for Enlargement of Time, Order Granting Enlargement,
Att: 2 Exhibit Complaint,
Att: 3 Civil Cover Sheet Civil Cover Sheet,
Att: 4 Exhibit Notice of Enlargement of Time,
Att: 5 Exhibit SOS Registration Statement,
Att: 6 Exhibit Business Entity Report,
Att: 7 Exhibit CCS,
Att: 8 Exhibit Notice of Removal