Kirk's Excavation, Inc. v. Khol Company LLC et al
Plaintiff: Kirk's Excavating, Inc. and Kirk's Excavation, Inc.
Defendant: Candice Barber
Counter Claimant: Khol Company LLC and Tom Barber
Case Number: 3:2023cv03003
Filed: January 4, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Opinion or Order Filing 94 TEXT ONLY ORDER granting in part #85 Motion to Amend Khol's Counterclaim. Defendant Khol Company, LLC has advised the Court and all parties that it made a scrivener's error in Paragraphs 102 and 107 of its counterclaim #56 . This scrivener's error is duly noted. But the Court does not deem it necessary for Khol to file an amended counterclaim to correct the error and no leave is granted for such a filing. Instead, the Court directs all parties to note the scrivener's error and incorporate the correction whenever quoting from these paragraphs in Khol's counterclaim. Signed by Honorable Timothy L. Brooks on November 17, 2023. (ee)
October 12, 2023 Opinion or Order Filing 93 REPLY to Response to Motion re #73 MOTION to Dismiss for Failure to State a Claim Tom Barber's and Candice Barber's First Amended Counterclaim filed by Kirk's Excavation, Inc.. (Mickel, Alex)
October 12, 2023 Opinion or Order Filing 92 TEXT ONLY ORDER granting #90 Motion for Leave to File Reply. Signed by Honorable Timothy L. Brooks on October 12, 2023. (ee)
October 2, 2023 Opinion or Order Filing 91 RESPONSE IN OPPOSITION TO Motion re #85 MOTION to Amend/Correct #56 Answer to Amended Complaint, Counterclaim filed by Kirk's Excavation, Inc.. (Mickel, Alex)
October 2, 2023 Opinion or Order Filing 90 MOTION for Leave to File Reply to Motion to Dismiss Tom Barber's and Candice Barber's Amended Counterclaim by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Motion for Leave to File Reply)(Mickel, Alex)
September 29, 2023 Opinion or Order Filing 89 RESPONSE IN OPPOSITION TO Motion re #73 MOTION to Dismiss for Failure to State a Claim Tom Barber's and Candice Barber's First Amended Counterclaim filed by Candice Barber, Tom Barber. (Harris, Brett)
September 29, 2023 Opinion or Order Filing 88 REPLY to Response to Motion re #69 MOTION to Dismiss for Failure to State a Claim Counterclaim filed by Khol Company filed by Kirk's Excavation, Inc.. (Mickel, Alex)
September 29, 2023 Opinion or Order Filing 87 TEXT ONLY ORDER GRANTING #86 Motion for Leave to File Reply to Motion to Dismiss the Counterclaim filed by Khol Company LLC. Plaintiff's reply brief must be filed on or before OCTOBER 6, 2023. Signed by Honorable Timothy L. Brooks on September 29, 2023. (slc)
September 28, 2023 Opinion or Order Filing 86 MOTION for Leave to File Reply to Motion to Dismiss Khol's Counterclaim by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Motion for Leave)(Mickel, Alex)
September 26, 2023 Opinion or Order Filing 85 MOTION to Amend/Correct #56 Answer to Amended Complaint, Counterclaim by Khol Company LLC. (Attachments: #1 Exhibit)(Applegate, Kayla)
September 21, 2023 Opinion or Order Filing 84 MEMORANDUM BRIEF in Support of #83 Response to Motion by Khol Company LLC. (Applegate, Kayla)
September 21, 2023 Opinion or Order Filing 83 RESPONSE IN OPPOSITION TO Motion re #69 MOTION to Dismiss for Failure to State a Claim Counterclaim filed by Khol Company filed by Khol Company LLC. (Applegate, Kayla)
September 19, 2023 Opinion or Order Filing 82 TEXT ONLY ORDER granting in part and denying in part #81 Motion to Extend Deadline to provide rebuttal expert report. The new deadline is October 3, 2023. Signed by Honorable Timothy L. Brooks on September 19, 2023. (ee)
September 18, 2023 Opinion or Order Filing 81 MOTION to Extend Time to Provide Rebuttal Expert Witness Disclosures by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit A to Motion for Extension of Time)(Mickel, Alex)
September 18, 2023 Opinion or Order Filing 80 NOTICE OF CONVENTIONAL FILING: EXHIBIT A re #71 Response to Motion. The flash drive is stored in the Fayetteville Division Clerk's Office. (bjb)
September 15, 2023 Opinion or Order Filing 79 MEMORANDUM BRIEF in Support of #78 Response to Motion by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 78 RESPONSE IN OPPOSITION TO Motion re #63 MOTION to Dismiss for Failure to State a Claim filed by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 77 MEMORANDUM BRIEF in Support of #76 Response to Motion by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 76 RESPONSE IN OPPOSITION TO Motion re #66 MOTION to Dismiss for Failure to State a Claim filed by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 75 TEXT ONLY ORDER denying #61 Motion to Strike Amended Complaint. Signed by Honorable Timothy L. Brooks on September 15, 2023. (ee)
September 15, 2023 Opinion or Order Filing 74 MEMORANDUM BRIEF in Support of #73 MOTION to Dismiss for Failure to State a Claim Tom Barber's and Candice Barber's First Amended Counterclaim by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 73 MOTION to Dismiss for Failure to State a Claim Tom Barber's and Candice Barber's First Amended Counterclaim by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 72 MEMORANDUM BRIEF in Support of #71 Response to Motion, by Kirk's Excavation, Inc.. (Mickel, Alex)
September 15, 2023 Opinion or Order Filing 71 RESPONSE IN OPPOSITION TO Motion re #61 MOTION to Strike #60 Amended Complaint,,, filed by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit A Response to Motion to Strike, #2 Exhibit Exhibit B Response to Motion to Strike)(Mickel, Alex)
September 7, 2023 Opinion or Order Filing 70 MEMORANDUM BRIEF in Support of #69 MOTION to Dismiss for Failure to State a Claim Counterclaim filed by Khol Company by Kirk's Excavation, Inc.. (Mickel, Alex)
September 7, 2023 Opinion or Order Filing 69 MOTION to Dismiss for Failure to State a Claim Counterclaim filed by Khol Company by Kirk's Excavation, Inc.. (Mickel, Alex)
September 5, 2023 Opinion or Order TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Khol Company LLC. Motion to Strike #61 lists multiple attorneys appearing for the filer. The following attorneys, who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Ryan J. Applegate.(mll)
September 1, 2023 Opinion or Order Filing 68 ANSWER to #60 Amended Complaint,,, with Jury Demand , Amended COUNTERCLAIM FIRST against Kirk's Excavation, Inc. by Tom Barber, Candice Barber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Harris, Brett)
September 1, 2023 Opinion or Order Filing 67 MEMORANDUM BRIEF in Support of #66 MOTION to Dismiss for Failure to State a Claim by Candice Barber, Tom Barber. (Harris, Brett)
September 1, 2023 Opinion or Order Filing 66 MOTION to Dismiss for Failure to State a Claim by Candice Barber, Tom Barber. (Harris, Brett)
September 1, 2023 Opinion or Order Filing 65 ANSWER to #60 Amended Complaint,,, with Jury Demand by Khol Company LLC.(Applegate, Kayla)
September 1, 2023 Opinion or Order Filing 64 MEMORANDUM BRIEF in Support of #63 MOTION to Dismiss for Failure to State a Claim by Khol Company LLC. (Applegate, Kayla)
September 1, 2023 Opinion or Order Filing 63 MOTION to Dismiss for Failure to State a Claim by Khol Company LLC. (Applegate, Kayla)
September 1, 2023 Opinion or Order Filing 62 MEMORANDUM BRIEF in Support of Motion to Strike by Khol Company LLC. (Applegate, Kayla)
September 1, 2023 Opinion or Order Filing 61 MOTION to Strike #60 Amended Complaint,,, by Khol Company LLC. (Applegate, Kayla)
August 18, 2023 Opinion or Order Filing 60 AMENDED COMPLAINT as to #3 Complaint against All Defendants Second, filed by Kirk's Excavation, Inc.. Related document: #3 Complaint filed by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Second Amended Complaint, #2 Exhibit Exhibit 2 to Second Amended Complaint, #3 Exhibit Exhibit 3 to Second Amended Complaint, #4 Exhibit Exhibit 4 to Second Amended Complaint, #5 Exhibit Exhibit 5 to Second Amended Complaint, #6 Exhibit Exhibit 6 to Second Amended Complaint, #7 Exhibit Exhibit 7 to Second Amended Complaint, #8 Exhibit Exhibit 8 to Second Amended Complaint, #9 Exhibit Exhibit 9 to Second Amended Complaint, #10 Exhibit Exhibit 10 to Second Amended Complaint, #11 Exhibit Exhibit 11 to Second Amended Complaint, #12 Exhibit Exhibit 12 to Second Amended Complaint)(Mickel, Alex)
August 18, 2023 Opinion or Order Filing 59 TEXT ONLY ORDER granting #58 Motion for Leave to File. Signed by Honorable Timothy L. Brooks on August 18, 2023. (ee)
August 18, 2023 Opinion or Order Filing 58 MOTION for Leave to File Second Amended Complaint by Kirk's Excavation, Inc.. (Attachments: #1 Exhibit Exhibit A to Motion for Leave)(Mickel, Alex)
August 18, 2023 Opinion or Order Filing 57 AGREED PROTECTIVE ORDER. Signed by Honorable Timothy L. Brooks on August 18, 2023. (slc)
August 17, 2023 Opinion or Order Filing 56 Second Amended ANSWER to #9 Amended Complaint,, with Jury Demand , COUNTERCLAIM against Kirk's Excavation, Inc. by Khol Company LLC. (Attachments: #1 Exhibit A)(Applegate, Kayla)
August 17, 2023 Opinion or Order Filing 55 TEXT ONLY ORDER granting #54 Motion for Leave to File Amended Answer. The proposed amended answer attached to the Motion may be filed of record. Signed by Honorable Timothy L. Brooks on August 17, 2023. (ee)
August 17, 2023 Opinion or Order Filing 54 MOTION for Leave to Amend Answer to Assert Counterclaim by Khol Company LLC. (Attachments: #1 Exhibit 1)(Applegate, Kayla)
August 16, 2023 Opinion or Order Filing 53 MOTION for Protective Order by Khol Company LLC. (Attachments: #1 Exhibit Exhibit A - Proposed Agreed Protective Order)(Applegate, Kayla)
July 24, 2023 Opinion or Order Filing 52 AMENDED CASE MANGEMENT ORDER: Final Pretrial Conference set for 4/5/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 4/15/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on July 24, 2023. (slc) (slc).
July 19, 2023 Opinion or Order Filing 51 TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Hearing regarding Discovery Dispute held on 7/19/2023. CX#1 - Plaintiff's Letter to Court dated 7/13/23 with Exhibits; CX#2 - Defendant Barbers' Letter to Court dated 7/14/23; and CX#3 - Defendant Khol Co.'s Letter to Court dated 7/17/23. (Paula Barden-Court Reporter) (slc)
July 17, 2023 Opinion or Order Filing 50 TEXT ONLY ORDER Setting HEARING via ZOOM (discovery dispute): Hearing set for 7/19/2023 03:00 PM before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on July 17, 2023. (slc)
June 30, 2023 Opinion or Order Filing 49 ANSWER/REPLY to #42 Answer to Amended Complaint, Counterclaim by Kirk's Excavation, Inc..(Mickel, Alex)
June 30, 2023 Opinion or Order Filing 48 ORDER Setting/Resetting Hearings: Settlement Conference set for 1/8/2024 10:00 AM before Honorable Mark E. Ford. Signed by Honorable Mark E. Ford on June 30, 2023. (sc)
June 28, 2023 Opinion or Order Filing 47 Amended and Substituted ANSWER to #9 Amended Complaint,, with Jury Demand by Khol Company LLC.(Applegate, Kayla)
June 20, 2023 Opinion or Order Filing 46 CASE MANAGEMENT ORDER: Final Pretrial Conference set for 4/5/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. BENCH TRIAL set for 4/15/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on June 20, 2023. (slc)
June 16, 2023 Opinion or Order Filing 45 TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 6/16/2023. (Paula Barden-Court Reporter) (slc)
June 16, 2023 Opinion or Order Filing 44 TEXT ONLY ORDER imposing a deadline of noon on July 7, 2023, for all Defendants, collectively, to produce all core discovery documents to Plaintiff, including, but not limited to, email correspondence related to the sand deliveries, any and all versions of the written contract or contracts between the parties, and any and all invoices, load tickets, and logbooks. Signed by Honorable Timothy L. Brooks on June 16, 2023. (ee)
June 16, 2023 Opinion or Order Filing 43 TEXT ONLY ORDER directing the Clerk of Court to change the style/docket of the case to reflect the true name of the Plaintiff. The Plaintiff confirmed in a hearing on the record today that its correct name is Kirk's Excavation, Inc., and not Kirk's Excavating, Inc. The Clerk is directed to make that change to the docket. Signed by Honorable Timothy L. Brooks on June 16, 2023. (ee)
June 15, 2023 Opinion or Order Filing 42 ANSWER to #9 Amended Complaint,, with Jury Demand and Exhibit, First COUNTERCLAIM against Kirk's Excavating, Inc. by Tom Barber, Candice Barber. (Attachments: #1 Exhibit A)(Harris, Brett)
June 2, 2023 Opinion or Order Filing 41 OPINION AND ORDER denying #31 Motion to Dismiss for Lack of Jurisdiction. IT IS FURTHER ORDERED that Defendants Tom and Candice Barber file their answers to the Amended Complaint within 14 days of the file date of this Order. Signed by Honorable Timothy L. Brooks on June 2, 2023. (bjb)
May 30, 2023 Opinion or Order Filing 40 JOINT REPORT of Rule 26(f) Planning Meeting by Kirk's Excavating, Inc.. (Mickel, Alex)
May 26, 2023 Opinion or Order Filing 39 Corporate Disclosure Statement by Khol Company LLC. (Applegate, Kayla)
May 24, 2023 Opinion or Order Filing 38 NOTICE by Candice Barber, Tom Barber Diversity Disclosure Statement (Harris, Brett)
May 12, 2023 Opinion or Order Filing 37 Corporate Disclosure Statement by Kirk's Excavating, Inc.. (Mickel, Alex)
May 11, 2023 Opinion or Order Filing 36 MEMORANDUM BRIEF in Support of #35 Response to Motion, to Dismiss by Kirk's Excavating, Inc.. (Mickel, Alex)
May 11, 2023 Opinion or Order Filing 35 RESPONSE IN OPPOSITION TO Motion re #31 MOTION to Dismiss for Lack of Jurisdiction and memorandum in support filed filed by Kirk's Excavating, Inc. (Attachments: #1 Exhibit 1 to Response to Motion to Dismiss, #2 Exhibit 2 to Response to Motion to Dismiss, #3 Exhibit 3 to Response to Motion to Dismiss)(Mickel, Alex)
May 9, 2023 Opinion or Order Filing 34 TEXT ONLY ORDER Resetting CASE MANAGEMENT HEARING (Court conflict): Case Management Hearing reset for 6/16/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on May 9, 2023. (slc)
April 28, 2023 Opinion or Order Filing 33 TEXT ONLY ORDER granting #32 Motion for Extension of Time to File Response to #31 MOTION to Dismiss for Lack of Jurisdiction. The new response deadline is May 11, 2023. Signed by Honorable Timothy L. Brooks on April 28, 2023. (ee)
April 28, 2023 Opinion or Order Filing 32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss for Lack of Jurisdiction and memorandum in support filed by Kirk's Excavating, Inc.. (Mickel, Alex)
April 17, 2023 Opinion or Order Filing 31 MOTION to Dismiss for Lack of Jurisdiction and memorandum in support filed by Candice Barber, Tom Barber. (Attachments: #1 Declaration of C. Barber, #2 Declaration of T. Barber)(Rottman, Olivia)
April 17, 2023 Opinion or Order Filing 30 NOTICE of Appearance by Olivia Lauren Rottman on behalf of Candice Barber, Tom Barber. (Rottman, Olivia)
April 12, 2023 Opinion or Order Filing 29 NOTICE of Appearance by Brett M. Harris on behalf of Candice Barber, Tom Barber. (Harris, Brett)
April 11, 2023 Opinion or Order Filing 28 SERVICE by Publication filed by Kirk's Excavating, Inc.. Candice Barber served on 3/26/2023, answer due 4/17/2023; Tom Barber served on 3/26/2023, answer due 4/17/2023. Last publication date March 26, 2023. (Attachments: #1 Exhibit Affidavit of Publication, #2 Exhibit USPS Tracking Information)(Mickel, Alex)
March 16, 2023 Opinion or Order Filing 27 AMENDED INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/15/2023 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 5/30/2023. Signed by Honorable Timothy L. Brooks on March 16, 2023. (slc)
March 15, 2023 Opinion or Order ***CASE MANAGEMENT HEARING set for 3/27/2023 03:00 PM TERMINATED, along with all related deadlines. An Amended Initial Scheduling Order will follow. Signed by Honorable Timothy L. Brooks on March 15, 2023. (slc)
March 14, 2023 Opinion or Order Filing 26 WARNING ORDER by Kirk's Excavating, Inc. re #25 Order on Motion for Leave to Serve Process by Warning Order. (tg)
March 13, 2023 Opinion or Order Filing 25 ORDER granting #23 Motion for Leave to Serve Process by Warning Order (See Order for Specifics). Signed by Honorable Timothy L. Brooks on March 13, 2023. (lgd)
March 9, 2023 Opinion or Order Filing 24 MEMORANDUM BRIEF in Support of #23 Motion for Leave to Serve Process By Warning Order by Kirk's Excavating, Inc.. (Mickel, Alex) Modified on 3/10/2023 to add link(tg).
March 9, 2023 Opinion or Order Filing 23 MOTION for Leave to Serve Process By Warning Order by Kirk's Excavating, Inc.. (Attachments: #1 Exhibit USPS Green Cards, #2 Exhibit Affidavits of Process Server, #3 Exhibit Affidavit for Warning Order, #4 Exhibit Proposed Warning Order)(Mickel, Alex)
March 7, 2023 Opinion or Order Filing 22 ANSWER to #9 Amended Complaint,, by Khol Company LLC.(Applegate, Kayla)
February 22, 2023 Opinion or Order Filing 21 TEXT ONLY ORDER granting #20 Motion to Extend Time to Serve Defendants. Plaintiff has set forth good cause to extend the deadline to serve separate Defendants Tom Barber and Candice Barber. Accordingly, the new deadline to serve these two defendants is April 21, 2023. The Case Management Hearing and associated deadlines in the Initial Scheduling Order (Doc. 14) will be RESET. Signed by Honorable Timothy L. Brooks on February 22, 2023. (ee)
February 17, 2023 Opinion or Order Filing 20 MOTION to Extend Time to Serve Defendants by Kirk's Excavating, Inc.. (Attachments: #1 Exhibit U.S. Post Office Green Card)(Carroll, James)
February 15, 2023 Opinion or Order Filing 19 TEXT ONLY ORDER GRANTING #18 Motion to Withdraw as Attorney. Attorney Grant E. Fortson withdrawn, and the Clerk of Court is directed to remove his name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on February 15, 2023. (slc)
February 14, 2023 Opinion or Order Filing 18 MOTION of Grant E. Fortson to Withdraw as Attorney Motion To Withdraw As Counsel Of Record by Khol Company LLC. (Fortson, Grant)
February 14, 2023 Opinion or Order Filing 17 TEXT ONLY ORDER granting #16 Motion for Extension of Time to Answer. Separate Defendant Khol Company, LLC's answer to the Amended Complaint is now due on 3/7/2023. Signed by Honorable Timothy L. Brooks on February 14, 2023. (ee)
February 14, 2023 Opinion or Order Filing 16 Unopposed MOTION for Extension of Time to File Answer re #9 Amended Complaint,, by Khol Company LLC. (Applegate, Kayla)
February 14, 2023 Opinion or Order Filing 15 NOTICE of Appearance by Kayla M Applegate on behalf of Khol Company LLC. (Applegate, Kayla)
February 8, 2023 Opinion or Order Filing 14 INITIAL SCHEDULING ORDER: Case Management Hearing set for 3/27/2023 03:00 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 3/14/2023. Signed by Honorable Timothy L. Brooks on February 8, 2023. (slc)
February 7, 2023 Opinion or Order Filing 13 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tom Barber and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg)
February 7, 2023 Opinion or Order Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Tom Barber for service of the following document: #3 Complaint, #9 Amended Complaint,,. (Carroll, James)
February 3, 2023 Opinion or Order Filing 11 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Candice Barber and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg)
February 3, 2023 Opinion or Order Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Candice Barber for service of the following document: #9 Amended Complaint,,. (Carroll, James)
February 1, 2023 Opinion or Order Filing 9 AMENDED COMPLAINT as to #2 Notice of Removal, against Tom Barber, Khol Company LLC , filed by Kirk's Excavating, Inc.. Related document: #2 Notice of Removal, filed by Khol Company LLC. (Attachments: #1 Exhibit Texas and Kansas Entity Info., #2 Exhibit Independent Contractor Agreement, #3 Exhibit Email 100422, #4 Exhibit Invoice 6876, #5 Exhibit Invoice 6878, #6 Exhibit Invoice 6888, #7 Exhibit Invoice 6895, #8 Exhibit Invoice 6896, #9 Exhibit Invoice 6905, #10 Exhibit Invoice 6925, #11 Exhibit Statement)(Carroll, James)
February 1, 2023 Opinion or Order Filing 8 TEXT ONLY ORDER granting #7 Motion for Leave to File Amended Complaint. Plaintiff is directed to immediately file the proposed amended complaint attached to the motion. Signed by Honorable Timothy L. Brooks on February 1, 2023. (ee)
February 1, 2023 Opinion or Order Filing 7 MOTION for Leave to File and Amended Complaint by Kirk's Excavating, Inc.. (Attachments: #1 Exhibit Amended Complaint)(Carroll, James)
January 11, 2023 Opinion or Order Filing 6 ANSWER to #3 Complaint Verified Answer of Defendant Khol Company LLC by Khol Company LLC.(Fortson, Grant)
January 10, 2023 Opinion or Order Filing 5 NOTICE by Kirk's Excavating, Inc. re Clerk's Notice re Proof of Service Due,, Statement Regarding Service on Separate Defendant Tom Barber (Attachments: #1 Exhibit Copy of returned envelope, #2 Exhibit Copy of unclaimed envelope)(Carroll, James)
January 5, 2023 Opinion or Order ***PLEASE DISREGARD - FILED IN ERROR***TEXT ONLY CLERK'S NOTICE regarding Proof of Service directed to Plaintiff Kirk's Excavating, Inc. The docket does not reflect that proof of service or a motion and order to extend the time to complete service for Defendant, Tom Barber, has been filed. No answer or other responsive pleading has been filed by the Defendant(s). The Plaintiff is directed to file proof of timely service, or a statement as to when such proof will be filed, within five (5) days of the filing of this Notice. See Fed. R. Civ. P. 4(l). Proof of Service due by 1/10/2023. (lgd) Modified text on 1/10/2023 (lgd).
January 4, 2023 Opinion or Order Filing 4 Magistrate Notice/Consent Form (bjb)
January 4, 2023 Opinion or Order Filing 3 STATE COURT COMPLAINT against Tom Barber, Khol Company LLC, filed by Kirk's Excavating, Inc.(bjb)
January 4, 2023 Opinion or Order Filing 2 NOTICE OF REMOVAL from Carroll County Circuit Court, case number 08ECV-22-171., filed by Khol Company LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Summons, #3 Exhibit State Court Summons, #4 Exhibit Affidavit of Service - Khol Company)(bjb)
January 4, 2023 Opinion or Order Filing 1 CIVIL COVER SHEET by Khol Company LLC. (bjb)
January 4, 2023 Opinion or Order CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 1/6/2023 (bjb)
January 4, 2023 Opinion or Order Notice of Removal filing fee paid re #2 Notice of Removal, Clerk's Notice Regarding Filing Fee,, : $ 402, receipt number AARWDC-2709144.. (Fortson, Grant)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System

Search for this case: Kirk's Excavation, Inc. v. Khol Company LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kirk's Excavating, Inc.
Represented By: Alex Mickel
Represented By: James Raymond Carroll
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kirk's Excavation, Inc.
Represented By: Alex Mickel
Represented By: James Raymond Carroll
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Khol Company LLC
Represented By: Grant E. Fortson
Represented By: Kayla M Applegate
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Tom Barber
Represented By: Brett M. Harris
Represented By: Olivia Lauren Rottman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Candice Barber
Represented By: Brett M. Harris
Represented By: Olivia Lauren Rottman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?