Bush v. Kessler Equipment Sales Company, Inc.
| Trey Bush |
| Kessler Equipment Sales Company, Inc. doing business as KESCO, Inc. |
| 3:2023cv00570 |
| September 28, 2023 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| R Austin Huffaker |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 17
TEXT ORDER: Pending before the Court is the #16 Defendant's unopposed Motion to Reschedule Telephone Hearing. For good cause, the Motion is GRANTED. Accordingly, the telephone hearing previously set for Tuesday, 11/21/2023, at 1:30 p.m. is now SET for Monday, 11/27/2023, at 1:30 p.m. The Courtroom Deputy will provide counsel with the call-in number. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/20/2023. (NO PDF attached to this entry) (Furnished: Calendar, WW, and LW; terminates: Motion Hearing-11/21/2023) (ggn, )
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| Filing 16 Unopposed MOTION to Reschedule Telephone Hearing by Kessler Equipment Sales Company, Inc.. (Averitt, Anne) Modified on 11/20/2023 to clarify text (am, ). |
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Filing 15
ORDER: it is ORDERED that a telephone hearing on the pending motions is SET for 1:30 p.m. on Tuesday, November 21, 2023. Counsel shall contact Chambers for the call-in number. In addition, it is ORDERED that both the Plaintiff (Trey Bush) and Plaintiff's counsel shall attend the hearing. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/15/2023. (furn: calendar, dh, lw, ww)(cwl, )
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| Filing 14 Case Reassigned to Honorable Judge R. Austin Huffaker, Jr as presiding Judge and Magistrate Judge Stephen Michael Doyle as referral Judge. Magistrate Judge Stephen Michael Doyle no longer assigned to the case as presiding Judge. (cwl, ) |
| Filing 13 REPLY to Response to #6 MOTION to Remand filed by Trey Bush. (Penfield, Matthew) Modified on 11/3/2023 to clarify text (am, ). |
| Filing 12 RESPONSE in Opposition re #6 MOTION to Remand filed by Kessler Equipment Sales Company, Inc.. (Averitt, Anne) |
| Filing 11 NOTICE of Appearance by Jessica Sparhawk on behalf of Kessler Equipment Sales Company, Inc. (Sparhawk, Jessica) |
| Filing 10 Corporate/Conflict Disclosure Statement by Trey Bush re #7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Penfield, Matthew) |
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Filing 9
ORDER: Upon consideration of the #6 Motion to Remand, it is ORDERED that, on or before 10/26/2023, Defendant shall SHOW CAUSE, if any there be, why the motion should not be granted; Plaintiff may file a reply on or before 11/2/2023. Signed by Magistrate Judge Stephen Michael Doyle on 10/12/2023. (am, )
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Filing 8
ORDER: It is ORDERED that any party wishing to provide such consent must complete the form and submit it to the Clerk of Court by November 26, 2023, as further set out in order. Alternatively, the parties have the right to request reassignment of this case to a United States District Judge. Any party wishing to submit the reassignment form must mail it to the above address by November 26, 2023. The parties may not electronically submit reassignment forms. Signed by Magistrate Judge Stephen Michael Doyle on 10/12/2023. (cwl, )
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| Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Trey Bush; Corporate Disclosures due by 10/23/2023. (Attachments: #1 Standing Order and Sample Format)(am, ) |
| Filing 6 MOTION to Remand by Trey Bush. (Penfield, Matthew) |
| Filing 5 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) Trey Bush, Kessler Equipment Sales Company, Inc.. (bes, ) |
| Filing 4 Case assigned to Magistrate Judge Stephen Michael Doyle as Presiding Judge. (bes, ) |
| Filing 3 MOTION to Dismiss for Improper Venue, or in the Alternative MOTION to Transfer Venue by Kessler Equpiment Sales Company, Inc. (Attachments: #1 Exhibit A - Contract)(Averitt, Anne). Added MOTION to Change Venue on 11/3/2023 (cwl, ). |
| Filing 2 Corporate/Conflict Disclosure Statement by Kessler Equpiment Sales Company, Inc.. (Averitt, Anne) |
| Filing 1 NOTICE OF REMOVAL from Lee County Circuit Court, case number 43-cv-900291. ( Filing fee $ 402 receipt number AALMDC-3512678) , filed by Kessler Equipment Sales Company, Inc. d/b/a Kesco, Inc.. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Affidavit, #3 C - Notice of Notice of Filing)(Averitt, Anne) Modified on 9/28/2023 to correct spelling of DFTs name (bes, ). (Additional attachment(s) added on 9/29/2023: #4 Civil Cover Sheet) (bes, ). |
| COMPLAINT against Kessler Equipment Sales Company, Inc., filed by Trey Bush.(No PDF attached to this entry - see doc #1 -1 at page 5 for PDF)(bes, ) |
| NOTICE of Filing #1 Notice of Removal by Kessler Equipment Sales Company, Inc.. (No PDF attached to this entry - see doc #1 -3 at page 2 for PDF) (bes, ) |
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| Plaintiff: Trey Bush | |
| Represented By: | Matthew Irvin Penfield |
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| Defendant: Kessler Equipment Sales Company, Inc. doing business as KESCO, Inc. | |
| Represented By: | Anne Knox Averitt |
| Represented By: | Jessica Sparhawk |
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