Birmingham, City of v. Trane US Inc et al
Plaintiff: Birmingham, City of
Defendant: Trane US Inc, Richard Carson and Daniel Shabo
Case Number: 2:2022cv00541
Filed: April 29, 2022
Court: US District Court for the Northern District of Alabama
Presiding Judge: Corey L Maze
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2022 Opinion or Order Filing 30 RESPONSE in Opposition re #22 MOTION to Dismiss Amended Complaint, #25 MOTION to Dismiss Amended Complaint (Consolidated) filed by Birmingham, City of. (Pate, Robert)
June 21, 2022 Opinion or Order Filing 29 REPLY Brief filed by Plaintiff Birmingham, City of re: #13 MOTION to Remand to State Court filed by Birmingham, City of. (Pate, Robert)
June 17, 2022 Opinion or Order Filing 28 TEXT ORDER: The court suspends the City of Birmingham's obligation to respond to #27 the court's order to show cause and Defendant Carson's obligation to answer or respond to the City of Birmingham's amended complaint until after the court has ruled on #13 the motion to remand. Signed by Judge Corey L. Maze on 6/17/2022. (SRD)
June 16, 2022 Opinion or Order Filing 27 ORDER TO SHOW CAUSE - Carson failed to file an answer or otherwise respond to the City of Birmingham's amended complaint by his deadline. The City of Birmingham failed to seek default judgment. The court therefore ORDERS the City of Birmingham to show cause in writing by June 30, 2022 why the court should not dismiss its claims against Carson. A motion for default judgment, with supporting affidavits, will be deemed an adequate response to this Order. Signed by Judge Corey L Maze on 6/16/2022. (KEK)
June 7, 2022 Opinion or Order Filing 26 Brief re #25 MOTION to Dismiss Amended Complaint . (Wilkinson, Ethan)
June 7, 2022 Opinion or Order Filing 25 MOTION to Dismiss Amended Complaint by Daniel Shabo. (Wilkinson, Ethan)
June 7, 2022 Opinion or Order Filing 24 ANSWER to #14 Amended Complaint by Trane US Inc.(Lembke, Matthew)
June 7, 2022 Opinion or Order Filing 23 Brief re #22 MOTION to Dismiss Amended Complaint . (Lembke, Matthew)
June 7, 2022 Opinion or Order Filing 22 MOTION to Dismiss Amended Complaint by Trane US Inc. (Lembke, Matthew)
June 7, 2022 Opinion or Order Filing 21 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by Trane US Inc. (Lembke, Matthew)
May 23, 2022 Opinion or Order Filing 20 TEXT ORDER GRANTING #19 the plaintiff's unopposed motion for extension of time. The plaintiff shall file its reply by June 21, 2022. Signed by Judge Corey L. Maze on 5/23/2022. (SRD)
May 20, 2022 Opinion or Order Filing 19 Unopposed MOTION for Extension of Time to File its Reply by Birmingham, City of. (Pate, Robert)
May 18, 2022 Opinion or Order Filing 18 TEXT ORDER GRANTING #17 Defendant Trane's motion for extension of time. The defendants shall respond to the plaintiff's motion to remand and the plaintiff's amended complaint by June 7, 2022. The plaintiff may reply by June 14, 2022. Signed by Judge Corey L. Maze on 5/18/2022. (SRD)
May 18, 2022 Opinion or Order Filing 17 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Remand to State Court , #14 Amended Complaint by Trane US Inc. (Lembke, Matthew)
May 17, 2022 Opinion or Order Filing 16 TEXT ORDER: The court received the plaintiff's amended complaint, so the court DENIES as moot #2 , #9 the motions to dismiss. The court also sets a briefing schedule for #13 the plaintiff's motion to remand. The defendants shall respond by May 31, 2022. The plaintiff may reply by June 7, 2022. Signed by Judge Corey L. Maze on 5/17/2022. (SRD)
May 17, 2022 Opinion or Order Filing 15 RESPONSE in Opposition re #2 MOTION to Dismiss Certain Claims, #9 MOTION to Dismiss (Consolidated) filed by Birmingham, City of. (Pate, Robert)
May 17, 2022 Opinion or Order Filing 14 AMENDED COMPLAINT against Richard Carson, Daniel Shabo, Trane US Inc, filed by Birmingham, City of.(Pate, Robert)
May 17, 2022 Opinion or Order Filing 13 MOTION to Remand to State Court by Birmingham, City of. (Attachments: #1 Exhibit Ex A Oglesby affidavit)(Pate, Robert)
May 16, 2022 Opinion or Order Filing 12 TEXT ORDER: The court received #9 Defendant Daniel Shabo's motion to dismiss. In order to accommodate consolidated briefing, the court resets its May 3, 2022 briefing schedule. The new schedule is as follows: The Plaintiff shall respond to the fraudulent joinder allegation and to both Motions to Dismiss by Monday, May 30, 2022. The Plaintiff's brief shall not exceed 30 pages, double-spaced, 14-point font. The Defendants may file reply briefs by Monday, June 6, 2022, which shall not exceed 10 pages, double-spaced, 14-point font. Signed by Judge Corey L. Maze on 5/16/2022. (SRD)
May 11, 2022 Opinion or Order Filing 11 TEXT ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Corey L. Maze on 5/11/2022. (SRD)
May 6, 2022 Opinion or Order Filing 10 TEXT ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Corey L. Maze on 5/6/2022. (SRD)
May 6, 2022 Opinion or Order Filing 9 MOTION to Dismiss by Daniel Shabo. (Attachments: #1 Memo in Support of MTD)(Head, Jonathan)
May 3, 2022 Opinion or Order Filing 8 TEXT ORDER: The court received #1 Defendant Trane US Inc.'s Notice of Removal and #2 Motion to Dismiss. The Plaintiff shall respond to the fraudulent joinder allegation and the Motion to Dismiss by Tuesday, May 17, 2022. The Plaintiff's brief shall not exceed 25 pages, double-spaced, 14-point font. The Defendant may file a reply brief by Tuesday, May 24, 2022, which shall not exceed 10 pages, double-spaced, 14-point font.Signed by Judge Corey L. Maze on 5/3/2022. (SRD)
April 29, 2022 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice for Steven R. Lindemann by Trane US Inc. (Attachments: #1 Exhibit Exhibit 1 - Declaration)(Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice by Trane US Inc. (Attachments: #1 Exhibit Exhibit 1 - Declaration)(Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 5 Corporate Disclosure Statement by Trane US Inc. filed by Trane US Inc (Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 4 ANSWER to Complaint by Trane US Inc.(Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 3 Brief re #2 MOTION to Dismiss Certain Claims . (Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 2 MOTION to Dismiss Certain Claims by Trane US Inc. (Lembke, Matthew)
April 29, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Trane US Inc from Circuit Court of Jefferson County, Alabama, case number 01-cv-2022-900929. (Attachments: #1 Exhibit 1, #2 Exhibit 2-1, #3 Exhibit 2-2, #4 Exhibit 2-3, #5 Exhibit 2-4, #6 Exhibit 2-5, #7 Exhibit 2-6, #8 Exhibit 2-7, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6)(KEK)
April 29, 2022 Opinion or Order State court complaint deemed filed 3/30/2022. See Doc #1 , Exhibit 1, pages 3-28. (KEK)
April 29, 2022 Opinion or Order PHV Fee paid: $ 75, receipt number AALNDC-4076830 (ALND B4601119932). (Lembke, Matthew) Modified on 4/29/2022 (KEK).
April 29, 2022 Opinion or Order PHV Fee paid: $ 75, receipt number AALNDC-4076834 (ALND B4601119933). (Lembke, Matthew) Modified on 4/29/2022 (KEK).
April 29, 2022 Opinion or Order Filing Fee: Filing fee $ 402, receipt_number AALNDC-4076812 (ALND B4601119931) related document #1 NOTICE OF REMOVAL by Trane US Inc from Circuit Court of Jefferson County, Alabama, case number 01-cv-2022-900929. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-1, # 3 Exhibit 2-2, # 4 Exhibit 2-3, # 5 Exhibit 2-4, # 6 Exhibit 2-5, # 7 Exhibit 2-6, # 8 Exhibit 2-7, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6)(KEK). (Lembke, Matthew) Modified on 4/29/2022 (KEK).

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Search for this case: Birmingham, City of v. Trane US Inc et al
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Plaintiff: Birmingham, City of
Represented By: John M Johnson
Represented By: Robert Ashby Pate
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Defendant: Trane US Inc
Represented By: Matthew H Lembke
Represented By: Riley Alexander McDaniel
Represented By: Stanley Edward Blackmon
Represented By: Benjamin D. Eastburn
Represented By: Steven R Lindemann
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Defendant: Richard Carson
Represented By: Brannon J Buck
Represented By: Christopher B Driver
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Defendant: Daniel Shabo
Represented By: Ethan Andrew Wilkinson
Represented By: Jonathan B Head
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