MS Wholesale Plumbing Inc v. Westfax Inc
| MS Wholesale Plumbing Inc |
| Western Financial LLC, John Does, Colonial Finance and Westfax Inc |
| Bank of America NA and Wells Fargo Bank NA |
| 4:2019cv00473 |
| July 8, 2019 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 47 Letter to the Clerk for the Circuit Court of Pope County transmitting a copy of the case file and certified copies of #46 Order to Remand and the docket sheet via certified mail. (kdr) |
Filing 46
ORDER granting #37 M.S. Wholesale Plumbing, Inc.'s Motion for Remand. Garnishee Wells Fargo must perfect its appeal in state court. Signed by Judge Brian S. Miller on 7/25/2019. (kdr)
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Filing 45
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #44 motion for extension of time to file response re #34 motion to quash writs of garnishment and motion to dismiss for lack of jurisdiction and insufficiency of process, #31 motion to set aside garnishment judgments, and #29 motion to stay execution of garnishment judgments. Responses due by 7/30/2019. Signed by Judge Brian S. Miller on 07/23/2019. (sed)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Stay, #34 MOTION to Quash WRITS OF GARNISHMENT MOTION to Dismiss for Lack of Jurisdiction AND INSUFFICIENCY OF PROCESS, #31 MOTION to Set Aside by MS Wholesale Plumbing Inc (Streett, James) |
| Filing 43 RESPONSE re #42 Notice (Other) by Wells Fargo Bank NA (King, Andrew) |
| Filing 42 NOTICE by MS Wholesale Plumbing Inc re #39 Order, To Supplement Record (Attachments: #1 Exhibit A, #2 Exhibit B)(Streett, James) |
| Filing 41 BRIEF IN SUPPORT re #39 Order, filed by MS Wholesale Plumbing Inc. (Streett, James) |
| Filing 40 RESPONSE in Opposition re #37 MOTION to Remand to State Court AND BRIEF ON WHETHER THE COURT SHOULD ABSTAIN filed by Wells Fargo Bank NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Askew, Jess) |
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Filing 39
ORDER: The parties are ordered to submit by noon on 7/17/2019 briefs explaining why I should not abstain. Wells Fargo Bank, N.A. is further ordered to submit its response to M.S. Wholesale Plumbing, Inc.'s motion to remand by noon 7/17/2019. Signed by Chief Judge Brian S. Miller on 7/15/2019. (jak)
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| Filing 38 MEMORANDUM re #37 MOTION to Remand to State Court filed by MS Wholesale Plumbing Inc. (Attachments: #1 Exhibit A - April 2, 2019 Writ, #2 Exhibit B- April 16, 2019 Writ, #3 Exhibit C- Wells Fargo's May 3 Responsive Pleading, #4 Exhibit D - State Court General Judgment, #5 Exhibit E - Cover Letter and Service Packet to WF RA, #6 Exhibit F - Specific Judgment and Receipt by WF)(Leniski, Joe) |
| Filing 37 MOTION to Remand to State Court by MS Wholesale Plumbing Inc (Leniski, Joe) |
| NOTICE OF DOCKET CORRECTION. The docket text for docket entry #2 Complaint was modified to correct the description of the document filed as "CLASS ACTION COMPLAINT". The docket text for docket entries #4 , #6 , #8 , #9 , #10 , #11 , #12 , #13 , #14 , #15 , #16 , #17 , #18 , #19 , #23 , #24 , #25 , and #27 was modified to indicate the documents were pulled from the Notice of Removal and docketed as separate entries in error by the Clerk's office. (thd) |
| Filing 36 Amended Petition for Removal by Wells Fargo Bank NA re #1 SUPPLEMENT TO NOTICE OF REMOVAL (Attachments: #1 Supplement 1, #2 Supplement 2, #3 Supplement 3)(Askew, Jess) |
| Filing 35 BRIEF IN SUPPORT re #34 Motion to Quash, Motion to Dismiss/Lack of Jurisdiction AND INSUFFICIENCY OF PROCESS filed by Wells Fargo Bank NA. (Askew, Jess) |
| Filing 34 MOTION to Quash WRITS OF GARNISHMENT, MOTION to Dismiss for Lack of Jurisdiction AND INSUFFICIENCY OF PROCESS () by Wells Fargo Bank NA (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Askew, Jess) |
| Filing 33 Corporate Disclosure Statement (Rule 7.1) by Wells Fargo Bank NA (Askew, Jess) |
| Filing 32 BRIEF IN SUPPORT re #31 Motion to Set Aside filed by Wells Fargo Bank NA. (jbh) |
| Filing 31 MOTION to Set Aside Garnishment Judgments, or in the alternative, for a new Trial on Garnishment Liability by Wells Fargo Bank NA. (jbh) |
| Filing 30 BRIEF IN SUPPORT re #29 motion for stay of execution on garnishment judgment filed by Wells Fargo Bank NA. (jbh) |
| Filing 29 MOTION for stay of execution on garnishment judgment, for waiver of bond, and request for expedited consideration and relief by Wells Fargo Bank NA. (jbh) |
| Filing 28 SPECIFIC JUDGMENT AGAINST BANK GARNISHEE. Signed by Circuit Judge Dennis C. Sutterfield on 6/27/2019. (jbh) |
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Filing 27
ORDER dismissing with prejudice Plaintiff's claims against Bank of America, N.A. Signed by Circuit Judge Dennis C. Sutterfield on 6/5/2019. (jbh)
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| Filing 26 GENERAL JUDGMENT AGAINST BANK GARNISHEE. Signed by Circuit Judge Dennis C. Sutterfield on 5/20/2019. (jbh) |
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Filing 25
NOTICE OF HEARING: The court orders a hearing on Garnishee's Motions for Tuesday, 5/28/2019 at 9:00 a.m. Signed by Circuit Judge Dennis C. Sutterfield on 5/13/2019. (jbh)
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Filing 24
ORDER OF EXECUTION denying Defendant's Motion to Quash related to the prior Writs of Garnishment as moot. Signed by Circuit Judge Dennis C. Sutterfield on 5/7/2019. (jbh)
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Filing 23
ORDER OF EXECUTION. Signed by Signed by Circuit Judge Dennis C. Sutterfield on 4/15/2019. (jbh)
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Filing 22
JUDGMENT: Pursuant to this Court's Order granting Plaintiffs' Motion for Summary Judgment, this certified plaintiffs class is hereby granted judgment against Defendant Westfax, Inc. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 21
ORDER granting Motion for Summary Judgment filed by the Plaintiffs' Class. This certified plaintiffs class is hereby granted judgment against Defendant Westfax, Inc. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 20
ORDER granting Plaintiffs' Revised Class Notice Plan. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 19
ORDER dismissing with prejudice the individual claims of Plaintiff M.S. Wholesale Plumbing, Inc. against Separate Defendant Western Financial, LLC. (jbh)
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Filing 18
ORDER granting Plaintiffs' Motion to Extend Deadline to Transmit Class Notice. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 17
ORDER directing that the previously ordered mediation shall occur within thirty (30) days of the date of the entry of this Order and that any class notice shall be transmitted within thirty (30) days after the completion of the mediation. Signed by Circuit Judge Dennis C. Sutterfield on 8/17/2017. (jbh)
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Filing 16
ORDER directing that each Defendant may appear at the mediation by telephone only and is not required to appear in person at the mediation. Signed by Circuit Judge Dennis C. Sutterfield on 8/10/2017. (jbh)
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Filing 15
ORDER setting a hearing on Plaintiff's Motion to Approve Class Notice on Tuesday, 6/13/2017 at 9:00 a.m. Signed by Circuit Judge Dennis C. Sutterfield on 4/28/2017. (jbh)
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Filing 14
ORDER denying Western Financial LLC's Motions for Summary Judgment and to Decertify. Signed by Circuit Judge Dennis C. Sutterfield on 6/28/2017. (jbh)
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Filing 13
ORDER granting Plaintiff's Motion for Class Certification. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 12
ORDER denying Defendants' Motion to Dismiss. Signed by Circuit Judge Dennis C. Sutterfield. (jbh)
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Filing 11
ORDER granting Motion to extend the date to respond to the Plaintiff's Motion for Class Certification to 1/20/2017. Signed by Circuit Judge Dennis C. Sutterfield on 1/20/2017. (jbh)
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Filing 10
ORDER continuing the Class Certification hearing to Tuesday, 2/28/2017 at 2:00 p.m. Signed by Circuit Judge Dennis C. Sutterfield on 1/11/2017. (jbh)
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Filing 9
ORDER granting Defendants' Motion to extend the date to respond to the Plaintiff's Motion for Class Certification to 1/15/2017. Signed by Circuit Judge Dennis C. Sutterfield on 12/30/2016. (jbh)
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Filing 8
ORDER: All discovery concerning the class certification in this matter shall be completed by 10/14/2016. A hearing on the Class Certification shall be held on Tuesday, 1/10/2017 at 9:00 a.m. in the second floor courtroom of the Pope County Courthouse, Russellville, Arkansas. Signed by Circuit Judge Dennis C. Sutterfield on 8/30/2016. (jbh)
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| Filing 7 ANSWER to #5 Amended Complaint with Jury Demand by Westfax Inc. (jbh) |
| Filing 6 ANSWER to #5 Amended Complaint by Western Financial LLC. (jbh) |
| Filing 5 FIRST AMENDED CLASS ACTION COMPLAINT with Jury Demand against John Does, Western Financial LLC, Westfax Inc, filed by MS Wholesale Plumbing Inc. (jbh) |
| Filing 4 ANSWER to #2 Complaint by Western Financial LLC. (jbh) |
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Filing 3
ORDER approving Motion for Admission Pro Hac Vice of attorney Joe P. Leniski. Signed by Circuit Judge Dennis C. Sutterfield on 10/20/2015. (jbh)
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| Filing 2 COMPLAINT with Jury Demand against John Does, Western Financial LLC, filed by MS Wholesale Plumbing Inc. (jbh) |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank NA from Pope County Circuit Court, case number 58CV-15-442. Fee of $400 paid; Receipt number LIT072903. (Attachments: #1 Civil Cover Sheet) (jbh) |
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