Katz v. CHW Group, Inc.
Plaintiff: Sam Katz
Defendant: CHW Group, Inc. doing business as Choice Home Warranty
Case Number: 5:2022cv05198
Filed: September 27, 2022
Court: US District Court for the Western District of Arkansas
Presiding Judge: P K Holmes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Opinion or Order Filing 33 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 11/8/2023. Jury Trial set for 9/16/2024 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable P. K. Holmes III. Signed by Michelle McEntire, Courtroom Deputy for Honorable P. K. Holmes III on October 2, 2023. (mjm)
September 29, 2023 Opinion or Order Filing 32 OPINION AND ORDER denying #25 Motion to Dismiss for Failure to State a Claim.; denying #25 Motion to Strike #25 MOTION to Dismiss for Failure to State a Claim or, in the Alternative MOTION to Strike #23 Amended Complaint . Signed by Honorable P. K. Holmes III on September 29, 2023. (mjm)
February 17, 2023 Opinion or Order Filing 31 TEXT ONLY ORDER finding as moot #19 Motion to Dismiss for Failure to State a Claim. "It is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect." See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). Signed by Honorable P. K. Holmes III on February 17, 2023. (ecp)
February 17, 2023 Opinion or Order Filing 30 TEXT ONLY ORDER denying #29 Motion for Leave. The Court finds that Defendant's position has already been adequately briefed. Signed by Honorable P. K. Holmes III on February 17, 2023. (ecp)
February 17, 2023 Opinion or Order Filing 29 MOTION for Leave to File Reply in Support of Defendant's Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint by CHW Group, Inc.. (Attachments: #1 Exhibit Proposed Order)(Heeringa, Paul)
February 17, 2023 Opinion or Order Filing 28 TEXT ONLY ORDER denying #17 Motion to Remand. Signed by Honorable P. K. Holmes III on February 17, 2023. (ecp)
February 13, 2023 Opinion or Order Filing 27 RESPONSE IN OPPOSITION TO Motion re #25 MOTION to Dismiss for Failure to State a Claim or, in the Alternative MOTION to Strike #23 Amended Complaint filed by Sam Katz. (Glapion, Jeremy)
January 30, 2023 Opinion or Order Filing 26 MEMORANDUM BRIEF in Support of #25 MOTION to Dismiss for Failure to State a Claim or, in the Alternative MOTION to Strike #23 Amended Complaint by CHW Group, Inc.. (Attachments: #1 Affidavit Declaration of A. Paul Heeringa, #2 Exhibit A to Heeringa Declaration, #3 Exhibit B to Heeringa Declaration)(Heeringa, Paul)
January 30, 2023 Opinion or Order Filing 25 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, MOTION to Strike #23 Amended Complaint by CHW Group, Inc.. (Heeringa, Paul)
January 17, 2023 Opinion or Order Filing 24 RESPONSE IN OPPOSITION TO Motion re #17 MOTION to Remand Partial filed by CHW Group, Inc.. (Heeringa, Paul)
January 16, 2023 Opinion or Order Filing 23 AMENDED COMPLAINT with Jury Demand as to #3 Complaint against CHW Group, Inc. , filed by Sam Katz. Related document: #3 Complaint filed by Sam Katz.(Glapion, Jeremy)
December 12, 2022 Opinion or Order Filing 22 TEXT ONLY ORDER granting #21 Motion to Extend. The parties' deadline to respond to the pending motions to remand and dismiss/strike (Docs. 17, 19) is extended to January 16, 2023. Plaintiff's deadline to amend his complaint as a matter of course in response to Defendant's motion to dismiss/strike is extended to January 16, 2023. The parties' deadline to request leave to file replies in support of the pending motions to remand and dismiss/strike is extended to January 23, 2023. Signed by Honorable P. K. Holmes III on December 12, 2022. (jch)
December 12, 2022 Opinion or Order Filing 21 Joint MOTION to Extend Briefing Schedule on Pending Motions by CHW Group, Inc.. (Attachments: #1 Exhibit Proposed Agreed Order)(Heeringa, Paul)
December 2, 2022 Opinion or Order Filing 20 MEMORANDUM BRIEF in Support of #19 MOTION to Dismiss for Failure to State a Claim by CHW Group, Inc.. (Attachments: #1 Affidavit Declaration of A. Paul Heeringa, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration)(Heeringa, Paul)
December 2, 2022 Opinion or Order Filing 19 MOTION to Dismiss for Failure to State a Claim by CHW Group, Inc.. (Heeringa, Paul)
December 2, 2022 Opinion or Order Filing 18 MEMORANDUM BRIEF in Support of #17 MOTION to Remand Partial by Sam Katz. (Glapion, Jeremy)
December 2, 2022 Opinion or Order Filing 17 MOTION to Remand Partial by Sam Katz. (Glapion, Jeremy)
November 7, 2022 Opinion or Order Filing 16 NOTICE of Appearance by Jeremy M. Glapion on behalf of Sam Katz. (Glapion, Jeremy)
November 2, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Conner Eldridge on behalf of CHW Group, Inc.. (Eldridge, Conner)
November 2, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Paul Heeringa on behalf of CHW Group, Inc.. (Heeringa, Paul)
November 1, 2022 Opinion or Order Filing 13 TEXT ONLY ORDER granting #10 Motion for Extension of Time to Answer. CHW Group, Inc.'s answer is due on 12/2/2022. Signed by Honorable P. K. Holmes III on November 1, 2022. (jch)
November 1, 2022 Opinion or Order Filing 12 TEXT ONLY ORDER granting #11 Motion to Appear Pro Hac Vice. Jeremy M. Glapion is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on November 1, 2022. (jas)
November 1, 2022 Opinion or Order Filing 11 MOTION for Attorney Jeremy M. Glapion to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2681600) by Sam Katz. (McGaha, Corey)
October 28, 2022 Opinion or Order Filing 10 Joint MOTION for Extension of Time to File Answer by CHW Group, Inc.. (Neal, Emily)
September 29, 2022 Opinion or Order Filing 9 TEXT ONLY ORDER granting #8 Motion to Appear Pro Hac Vice. A. Paul Heeringa is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on September 29, 2022. (jas)
September 29, 2022 Opinion or Order Filing 8 MOTION for Attorney A. Paul Heeringa to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2664783) by CHW Group, Inc.. (Neal, Emily)
September 28, 2022 Opinion or Order Filing 7 TEXT ONLY ORDER granting #6 Motion for Extension of Time to Answer. CHW Group, Inc.'s answer is due on 11/3/2022.. Signed by Honorable P. K. Holmes III on September 28, 2022. (ecp)
September 28, 2022 Opinion or Order Filing 6 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by CHW Group, Inc.. (Neal, Emily)
September 27, 2022 Opinion or Order TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant CHW Group, Inc. Notice of Removal, #2 lists multiple attorneys appearing for the filer. The following attorney(s), 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: A. Paul Heeringa. (lgd)
September 27, 2022 Opinion or Order Filing 5 Corporate Disclosure Statement by CHW Group, Inc.. (Neal, Emily)
September 27, 2022 Opinion or Order Filing 4 Magistrate Notice/Consent Form (bjb)
September 27, 2022 Opinion or Order Filing 3 STATE COURT COMPLAINT with Jury Demand against CHW Group, Inc., filed by Sam Katz.(bjb)
September 27, 2022 Opinion or Order Filing 2 NOTICE OF REMOVAL from Benton County Circuit Court Probate Division, case number 04CV-22-1766, filed by CHW Group, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Summons and Exhibits, #3 Exhibit C - Declaration)(bjb)
September 27, 2022 Opinion or Order Filing 1 CIVIL COVER SHEET by CHW Group, Inc. (bjb)
September 27, 2022 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 9/29/2022 (bjb)
September 27, 2022 Opinion or Order Notice of Removal filing fee paid re #2 Notice of Removal, : $ 402, receipt number AARWDC-2663525.. (Neal, Emily)

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Plaintiff: Sam Katz
Represented By: Corey D. McGaha
Represented By: Jeremy M. Glapion
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Defendant: CHW Group, Inc. doing business as Choice Home Warranty
Represented By: Emily Aura Neal
Represented By: Conner Eldridge
Represented By: Paul Heeringa
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