Burchard v. BPS Direct LLC
| Colton Burchard |
| BPS Direct LLC, BPS Direct LLC doing business as Bass Pro Shops, Bass Pro Outdoor World, LLC and Solaray, LLC d/b/a Swibco |
| 2:2020cv00791 |
| June 4, 2020 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| John E Ott |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 20 First MOTION for Extension of Time to Respond to the First Amended Complaint Motion is RIPE 7/30/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by BPS Direct LLC. (Keenan, George) |
| Filing 19 Summons Issued as to Bass Pro Outdoor World, LLC, Solaray, LLC d/b/a Swibco, sent via certified mail (MRR, ) |
Filing 18
TEXT ORDER: The appearing parties have filed a joint motion seeking an unspecified extension of the deadline to conduct a Rule 26(f) conference in order to allow the newly-named defendants to participate. (Doc. #16 ). The motion is GRANTED AS AMENDED in light of the deadline to consent to or decline magistrate judge jurisdiction, which expires on August 17, 2020. Specifically, the parties' deadline to conduct a Rule 26(f) conference is EXTENDED through August 17, 2020. The undersigned will address the balance of relief sought if the newly-named defendants appear and all parties unanimously consent to magistrate judge jurisdiction. In the absence of unanimous consent, the parties can seek further relief with the district judge to whom this matter is reassigned. Signed by Magistrate Judge Staci G Cornelius on 7/29/20. (MRR, )
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Filing 17
TEXT ORDER: In light of the plaintiff's Amended Complaint (Doc. #14 ), the Motion to Dismiss filed by BPS Direct, LLC (Doc. #8 ), is DENIED WITHOUT PREJUDICE because it is directed at what is no longer the operative Complaint. BPS Direct may renew any applicable arguments in response to the Amended Complaint. Signed by Magistrate Judge Staci G Cornelius on 7/28/20. (MRR, )
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| Filing 16 Joint MOTION for Extension of Time Motion is RIPE 7/27/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Colton Burchard, BPS Direct LLC. (Williams, D) Modified text and added filer on 7/28/2020 (MRR, ). |
| Filing 15 Request for service by certified mail filed by Colton Burchard. (Williams, D) |
| Filing 14 FIRST AMENDED COMPLAINT against All Defendants, filed by Colton Burchard.(Williams, D) Modified text on 7/23/2020 (MRR, ). |
| Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 7/20/2020. (BST) |
| Filing 13 RESPONSE to #8 MOTION to Dismiss filed by Colton Burchard. (Williams, D) Modified text on 7/20/2020 (MRR, ). |
| Filing 12 NOTICE to remind parties of consent telephone conference scheduled for 11:00 AM on Monday, 7/20/20; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, 24 hours in advance, the conference will be cancelled. (BST) |
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Filing 11
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than August 17, 2020. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after August 17, 2020. A telephone status conference is hereby SET for 11:00 a.m. on July 20, 2020. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 7/6/20. (MRR, )
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Filing 10
ORDER REGARDING COMPLIANCE WITH RULE 26; Rule 26 Meeting Report due by 8/10/2020; Signed by Magistrate Judge Staci G Cornelius on 7/6/2020. (BST, )
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Filing 9
TEXT ORDER re #8 MOTION to Dismiss filed by BPS Direct LLC: It is ORDERED that plaintiff shall file a response to the Motion to Dismiss (Doc. #8 ) within fourteen (14) calendar days from the date of this order. Defendant SHALL file any reply within seven (7) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 7/6/2020. (BST)
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| Filing 8 MOTION to Dismiss by BPS Direct LLC. (Keenan, George) |
| Filing 7 Allegation of Citizenship of Defendant BPS Direct, LLC d/b/a Bass Pro Shops re #4 filed by Colton Burchard. (Williams, D) Modified on 6/22/2020 (MRR, ). |
| Filing 6 SUMMONS Returned Executed by Colton Burchard. BPS Direct LLC served on 6/11/2020, answer due 7/2/2020. (KAM) |
| NOTICE OF REASSIGNMENT: This case is reassigned to Magistrate Judge Staci G Cornelius. Magistrate Judge John E Ott no longer assigned to the case. (KAM) |
| Filing 5 Summons Issued as to BPS Direct LLC. mailed certified mail (KAM) |
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Filing 4
ORDER - Buchard is ORDERED to file a supplemental pleading that sufficiently indicates the citizenship of the members of Defendant BPS Direct, LLC; alternatively, if BPA Direct, LLC has been misidentified in the complaint and is, in fact, a corporation rather than a limitedliability company, then Burchard should clarify its name, status, and citizenship inthe supplemental pleading. Burchard shall file his supplemental pleading by June22, 2019. Signed by Magistrate Judge John E Ott on 6/8/2020. (KAM)
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| Filing 3 NOTICE of Appearance by D Blake Williams on behalf of Colton Burchard (Williams, D) |
| Filing 2 Request for service by certified mail filed by Colton Burchard. (Hayes, Joshua) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3604400. related document #1 COMPLAINT against BPS Direct LLC, filed by Colton Burchard.(KAM). (Hayes, Joshua) NDAL rec# B460106405 Modified on 6/8/2020 (KAM). |
| Filing 1 COMPLAINT against BPS Direct LLC, filed by Colton Burchard.(KAM) |
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