Merrill, et al v. Pathway Leasing, et al
| XPO LOGISTICS TRUCKLOAD, INC., a Missouri corporation registered to conduct business in Colorado, TRANSFORCE, INC., a Canadian corporation and CON-WAY TRUCKLOAD, INC., a Missouri corporation registered to conduct business in Colorado |
| FRANKLIN MERRILL, ANTHONY GLOVER, KEITH HERRING, ANTHONY DENNIS, LARRY JURCAK, SAMI NASR, RONALD DENNIS, RODNEY LACY, JAMES NEWBERRY, TAMI POTIRALA, CRAIG WILLIAMS, ZIGMUND GUTOWSKI, JOSEPH HORION, ERIC ARD and TIM HOLLINGSWORTH |
| PATHWAY LEASING LLC, a Colorado limited liability company and MATTHEW HARRIS |
| 21-1295 |
| August 20, 2021 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Merrill, et al. v. Pathway Leasing, et al. |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| [10861741] Notice of non-participation filed by Michelle B. Muhleisen for TransForce, Inc., XPO Logistics Truckload, Inc., and Con-Way Truckload, Inc.. Date of Service: 09/30/2021. Manner of Service: email. [21-1295] MBM [Entered: 09/30/2021 09:53 AM] |
| [10860796] Record on appeal filed. No. of Volumes: 4, Comments: Vols 1-2 - pleadings, Vol 3 - transcripts, Vol 4 - exhibits.. [21-1295] [Entered: 09/27/2021 09:52 AM] |
[10860751] Order filed by Judge Tymkovich granting Appellants' motion for exemption from electronic appendix. The court directs its Clerk to prepare and file a record on appeal. Parties shall be advised of the date and time for oral argument in a subsequent order. Served on 09/27/2021. [21-1295] [Entered: 09/27/2021 08:53 AM]
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| [10860736] Deficiency notice issued. Notice of appearance due on 09/30/2021 for Con-Way Truckload, Inc., Transforce, Inc. and XPO Logistics Truckload, Inc. [21-1295] [Entered: 09/27/2021 08:26 AM] |
| [10860554] Motion filed by Appellants Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams for exemption from filing entire appendix electronically and to set for oral argument. Served on: 09/24/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 09/24/2021 by SDS to modify text][21-1295] MC [Entered: 09/24/2021 12:41 PM] |
| [10859748] Entry of appearance filed by Edwin Bruns, Aurora Lee Marsh, Elizabeth Stonehill, and Patricia Rodriguez for Mr. James Newberry, Anthony Glover, Franklin Merrill, Keith Herring, Anthony Dennis, Larry Jurcak, Sami Nasr, Ronald Dennis, Rodney Lacy, Tami Potirala, Craig Williams, Zigmund Gutowski, Joseph Horion, Eric Ard and Tim Hollingsworth, CERT. OF INTERESTED PARTIES: n. Served on 09/22/2021. Manner of Service: email [21-1295] [Entered: 09/22/2021 12:50 PM] |
| [10859745] Notice and consent to law student participation filed by Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams. Served on 09/22/2021. Manner of Service: email. [21-1295] [Entered: 09/22/2021 12:41 PM] |
| [10859729] Entry of appearance submitted by Edwin Bruns; Aurora Lee Marsh; Patricia Rodriguez; Elizabeth Stonehill for Appellants Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Craig Williams and Tami Potirala for court review. Certificate of Interested Parties: No. Served on 09/22/2021. Manner of Service: email.--[Edited 09/22/2021 by JJH to remove pdfs as pleadings were filed 09/22/2021] [21-1295] EB [Entered: 09/22/2021 11:54 AM] |
| [10859110] Entry of appearance filed by Mr. Stephen G. Masciocchi for Pathway Leasing LLC and Matthew Harris. CERT. OF INTERESTED PARTIES: n. Served on 09/20/2021. Manner of Service: email. [21-1295] [Entered: 09/20/2021 03:41 PM] |
| [10859105] Entry of appearance submitted by Stephen G. Masciocchi for Appellees Matthew Harris and Pathway Leasing LLC for court review. Certificate of Interested Parties: No. Served on 09/20/2021. Manner of Service: email. --[Edited 09/20/2021 by SDS to remove pdf from entry as the pleading has been filed][21-1295] SGM [Entered: 09/20/2021 03:36 PM] |
| [10857810] Motion filed by Appellants Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams to extend time to file appellant/petitioner's brief until 11/05/2021. Served on: 09/15/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1295] MC [Entered: 09/15/2021 09:10 AM] |
| [10858074] Order filed by Clerk of the Court granting as modified Appellants' motion for extended briefing schedule. Appellants' brief and appendix due on 11/05/2021. Appellees' brief now due 12/30/2021 (the requested deadline of 12/31/21 is a federal holiday). Appellants' reply brief now due 01/14/2022. Because this modified briefing schedule has been agreed upon by the parties, any further requests for modification shall be made jointly by all parties. Served on 09/15/2021. [21-1295] [Entered: 09/15/2021 02:27 PM] |
| [10857722] Entry of appearance filed by Matthew Cushing for Craig Williams, Tami Potirala, Mr. James Newberry, Sami Nasr, Franklin Merrill, Rodney Lacy, Larry Jurcak, Joseph Horion, Tim Hollingsworth, Keith Herring, Zigmund Gutowski, Anthony Glover, Ronald Dennis, Anthony Dennis, and Eric Ard. CERT. OF INTERESTED PARTIES: n. Served on 09/14/2021. Manner of Service: email. [21-1295] [Entered: 09/14/2021 04:00 PM] |
| [10857713] Entry of appearance submitted by Matthew R. Cushing for Appellants Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams for court review. Certificate of Interested Parties: No. Served on 09/14/2021. Manner of Service: email. [21-1295] --[Edited 09/14/2021 by AT to remove PDF as pleading was filed on 9/14/2021.] MC [Entered: 09/14/2021 03:44 PM] |
| [10857013] Notice of change of address filed by John Reily Crone for Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Tim Hollingsworth, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams. [21-1295] JRC [Entered: 09/13/2021 05:31 AM] |
| [10855810] Minute order filed - Notice of appearance due on 09/21/2021 for Con-Way Truckload, Inc., Transforce, Inc., and XPO Logistics Truckload, Inc. (Text Only - No Attachment) [21-1295] [Entered: 09/07/2021 01:41 PM] |
| [10855350] Filed notice record is complete. Served on 09/03/2021. Appellants'brief and appendix due on 10/13/2021 for Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, James Newberry, Tami Potirala and Craig Williams. [text only entry] [21-1295] [Entered: 09/03/2021 09:25 AM] |
| [10855045] Entry of appearance submitted by Mark B. Wiletsky, Kristina (Tina) Van Bockern for Appellees Matthew Harris and Pathway Leasing LLC for court review. Certificate of Interested Parties: No. Served on 09/02/2021. Manner of Service: email. [21-1295]--[Edited 09/02/2021 by LG to remove PDF from entry, as pleading was filed on 9/2/2021] MW [Entered: 09/02/2021 11:43 AM] |
| [10855225] Minute order filed - Notice due that record is complete by 09/09/2021 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [21-1295] [Entered: 09/02/2021 03:57 PM] |
| [10855217] Entry of appearance filed by John Reily Crone for Mr. James Newberry, Anthony Glover, Franklin Merrill, Keith Herring, Anthony Dennis, Larry Jurcak, Sami Nasr, Ronald Dennis, Rodney Lacy, Tami Potirala, Craig Williams, Zigmund Gutowski, Joseph Horion and Eric Ard. CERT. OF INTERESTED PARTIES: n. Served on 09/02/2021. Manner of Service: email [21-1295] [Entered: 09/02/2021 03:50 PM] |
| [10855214] Acknowledgment of transcript order filed by Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams. Transcript ordered: None, already on file at district court.. Served on: 09/02/2021. Manner of Service: email. [21-1295] --[Edited 09/02/2021 by AT to use correct event code. Transcripts were not ordered.] JRC [Entered: 09/02/2021 03:45 PM] |
| [10855211] Docketing statement filed by Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams. Served on 09/02/2021. Manner of Service: email. [21-1295] JRC [Entered: 09/02/2021 03:44 PM] |
| [10855208] Entry of appearance submitted by John Reily Crone for Appellants Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, Mr. James Newberry, Tami Potirala and Craig Williams for court review. Certificate of Interested Parties: No. Served on 09/02/2021. Manner of Service: email. [21-1295] [Edited to remove PDF as pleading has been filed-- Edited 09/02/2021 by NA] JRC [Entered: 09/02/2021 03:42 PM] |
| [10855048] Entry of appearance filed by Ms. Kristina R. Van Bockern and Mr. Mark Wiletsky for Pathway Leasing LLC and Matthew Harris. CERT. OF INTERESTED PARTIES: y. None listed. Served on 09/02/2021. Manner of Service: email [21-1295] [Entered: 09/02/2021 11:54 AM] |
| [10851879] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/20/2021 Docketing statement due 09/03/2021 for Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, James Newberry, Tami Potirala and Craig Williams. Transcript order form due 09/03/2021 for Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, James Newberry, Tami Potirala and Craig Williams. Notice of appearance due on 09/03/2021 for Eric Ard, Anthony Dennis, Ronald Dennis, Anthony Glover, Zigmund Gutowski, Matthew Harris, Keith Herring, Joseph Horion, Larry Jurcak, Rodney Lacy, Franklin Merrill, Sami Nasr, James Newberry, Pathway Leasing LLC, Tami Potirala, and Craig Williams [21-1295] [Entered: 08/20/2021 10:26 AM] |
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