Monocoque Diversified Interests, LLC v. USA Jet Airlines, Inc. et al
Monocoque Diversified Interests, LLC |
USA Jet Airlines, Inc., Rambler Air, LLC, Arctic-On-Demand, LLC, Roadrunner Transportation Systems, Inc., Ascent Global Logistics Holdings, Inc. and Active Aero Group, Inc. |
1:2022cv00285 |
March 3, 2022 |
US District Court for the District of Delaware |
Maryellen Noreika |
Contract: Other |
28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.
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Filing 39 NOTICE of Appearance by Elizabeth Chaney Hall on behalf of Roadrunner Transportation Systems, Inc. (Hall, Elizabeth) |
Filing 38 Return of Undeliverable Mail sent to Michelle K. Arishita. (apk) |
Filing 37 Joint STATEMENT Pursuant to Local Rule 81.2 by Monocoque Diversified Interests, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haynes, Christine) Modified on 3/25/2022 (dlw). |
Filing 36 STATEMENT of Citizenship for Defendants Rambler Air, LLC and Arctic-On-Demand, LLC re 35 Oral Order by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. (Kraman, Pilar) Modified on 3/23/2022 (dlw). |
Filing 35 ORAL ORDER - On or before 3/24/2022, any named Plaintiff or Defendant that is an LLC entity shall file a statement indicating the citizenship of each member of the LLC entity. If any member is itself an LLC (or LLP), then the statement shall also indicate the citizenship of each sub-member of the member LLC (or LLP). ORDERED by Judge Maryellen Noreika on 3/17/2022. (dlw) |
Filing 34 NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. (Kraman, Pilar) |
Filing 33 NOTICE of Appearance by Christine Dealy Haynes on behalf of Monocoque Diversified Interests, LLC (Haynes, Christine) |
Filing 32 NOTICE of Appearance by Travis Steven Hunter on behalf of Monocoque Diversified Interests, LLC (Hunter, Travis) |
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
Filing 31 Local Counsel Letter sent. Notice of Compliance deadline set for 4/4/2022. (mal) |
Filing 30 Record of case transferred in from District of Texas Western; Case Number in Other District: 1:21-cv-00956. Copy of Docket Sheet and original file |
Filing 29 ORDER ADOPTING #26 REPORT AND RECOMMENDATIONS. IT IS FURTHER ORDERED that MDIs tort claims against Defendants are severed and transferred to the District of Delaware. Only MDIs breach of contract claim against Defendant USA Jet remains before this Court. Signed by Judge Robert Pitman. (dm) [Transferred from Texas Western on 3/3/2022.] |
Filing 28 RESPONSE to #27 Objection to Report and Recommendations by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, Roadrunner Transportation Systems, Inc., USA Jet Airlines, Inc.. (Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 27 OBJECTION to #26 Report and Recommendations by Monocoque Diversified Interests, LLC.. (Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 26 REPORT AND RECOMMENDATIONS re #12 Motion to Remand to State Court filed by Monocoque Diversified Interests, LLC, #17 Motion to Transfer Case, filed by USA Jet Airlines, Inc., Ascent Global Logistics Holdings, Inc., Active Aero Group, Inc., Rambler Air, LLC, Arctic-On-Demand, LLC. Signed by Judge Dustin M. Howell. (dm) [Transferred from Texas Western on 3/3/2022.] |
Filing 25 REPLY to Response to Motion, filed by Roadrunner Transportation Systems, Inc., re #19 MOTION to Dismiss filed by Defendant Roadrunner Transportation Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Blanke, David) [Transferred from Texas Western on 3/3/2022.] |
Filing 24 REPLY to Response to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc., re #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 23 REPLY to Response to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc., re #15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Text Order REFERRING #12 Motion to Remand to State Court entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion to Remand is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Text Order REFERRING #17 Motion to Transfer Case entered by Judge Robert Pitman. IT IS ORDERED that Defendants' Motion to Transfer is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Filing 22 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #19 MOTION to Dismiss filed by Defendant Roadrunner Transportation Systems, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 21 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Attachments: #1 Exhibit 1)(Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 20 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Attachments: #1 Exhibit 1, #2 2)(Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 19 MOTION to Dismiss #11 Second Amended Complaint by Roadrunner Transportation Systems, Inc.. (Attachments: #1 Affidavit Affidavit of Frank Hurst)(Blanke, David) Modified on 11/30/2021 to correct event type (dm). [Transferred from Texas Western on 3/3/2022.] |
Filing 18 NOTICE of No Opposition by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. re #16 MOTION for Leave to Exceed Page Limitation re #15 Ascent Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) (Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Text Order GRANTING #16 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of there being no opposition, IT IS ORDERED that Ascent Defendants' Motion for Leave to Exceed Page Limits on its Motion to Dismiss, (Dkt. 15), is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Filing 17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 16 MOTION for Leave to Exceed Page Limitation re #15 Ascent Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Proposed Order)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Appendix A - Declaration of Bryan Kamm, #2 Appendix B - Declaration of Amy Swek, #3 Appendix C - Declaration of David Camden, #4 Appendix D - Declaration of Tony Facciolla, #5 Appendix E - Declaration of Tom Breen, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 14 REPLY to Response to Motion, filed by Monocoque Diversified Interests, LLC, re #12 MOTION to Remand to State Court filed by Plaintiff Monocoque Diversified Interests, LLC (Attachments: #1 Exhibit)(Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 13 RESPONSE to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, Roadrunner Transportation Systems, Inc., USA Jet Airlines, Inc., re #12 MOTION to Remand to State Court filed by Plaintiff Monocoque Diversified Interests, LLC (Attachments: #1 Affidavit - Declaration of Bryan Kamm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Text Order MOOTING #8 Motion to Dismiss entered by Judge Robert Pitman. In light of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendant's Motion to Dismiss, (Dkt. 8), pertains to a now-superseded pleading and is thus MOOT. See Good River Farms, LP v. TXI Operations, LP, No. 1:17-CV-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018); see also King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Text Order DENYING #6 Defendants' Motion to Transfer Case entered by Judge Robert Pitman. Given the filing of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendants' Motion to Transfer is denied without prejudice. Defendants may file a renewed motion to transfer, in light of the Amended Complaint, on or before December 9, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Text Order MOOTING #5 Motion to Dismiss entered by Judge Robert Pitman. In light of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendants' motion to dismiss, (Dkt. 5), pertains to a now-superseded pleading and is thus MOOT. See Good River Farms, LP v. TXI Operations, LP, No. 1:17-CV-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018); see also King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) [Transferred from Texas Western on 3/3/2022.] |
Filing 12 MOTION to Remand to State Court by Monocoque Diversified Interests, LLC. (Walters, Katherine) [Transferred from Texas Western on 3/3/2022.] |
Filing 11 AMENDED COMPLAINT Second against All Defendants amending, filed by Monocoque Diversified Interests, LLC.(Walters, Katherine) [Transferred from Texas Western on 3/3/2022.] |
Filing 10 RULE 7 DISCLOSURE STATEMENT filed by Monocoque Diversified Interests, LLC. (Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 9 RULE 7 DISCLOSURE STATEMENT filed by Roadrunner Transportation Systems, Inc.. (Blanke, David) [Transferred from Texas Western on 3/3/2022.] |
Filing 8 MOTION to Dismiss by Roadrunner Transportation Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Blanke, David) [Transferred from Texas Western on 3/3/2022.] |
Filing 7 RULE 7 DISCLOSURE STATEMENT filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. identifying Corporate Parent Ascent Global Logistics, Inc. for Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 6 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 5 MOTION to Dismiss under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Affidavit - Declaration of Bryan Kamm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Arishita, Michelle) [Transferred from Texas Western on 3/3/2022.] |
Filing 4 DEMAND for Trial by Jury by Monocoque Diversified Interests, LLC. (Richie, Sheldon) [Transferred from Texas Western on 3/3/2022.] |
Filing 3 ORDER directing the removing party to supplement the record with state court pleadings, if it has not already done so. Signed by Judge Robert Pitman. (dl) [Transferred from Texas Western on 3/3/2022.] |
Filing 2 BRIEF Supporting / Consent to Removal regarding #1 Notice of Removal,, by Roadrunner Transportation Systems, Inc.. (Blanke, David) [Transferred from Texas Western on 3/3/2022.] |
Filing 1 NOTICE OF REMOVAL by Active Aero Group, Inc., USA Jet Airlines, Inc., Arctic-On-Demand, LLC, Rambler Air, LLC, Ascent Global Logistics Holdings, Inc. (Filing fee $402 receipt number 0542-15363602), filed by Active Aero Group, Inc., USA Jet Airlines, Inc., Arctic-On-Demand, LLC, Rambler Air, LLC, Ascent Global Logistics Holdings, Inc.. (Attachments: #1 Exhibit 1 - State Court Docket Report, #2 Exhibit 2 - Original Petition, #3 Exhibit 3 - First Amended Petition, #4 Exhibit 4 - Service Documents, #5 Civil Cover Sheet, #6 Supplement to Civil Cover Sheet)(Stammel, Matthew) [Transferred from Texas Western on 3/3/2022.] |
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl) [Transferred from Texas Western on 3/3/2022.] |
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