Bruckner Truck Sales, Inc. et al v. Hoist Liftruck MFG, LLC et al
| American Radio Corporation, Bruckner Truck Sales, Inc. and Bruckner Leasing Co., Inc. |
| Hoist Liftruck MFG, LLC and Hoist Material Handling, Inc. |
| 1:2020cv06946 |
| November 23, 2020 |
| US District Court for the Northern District of Illinois |
| Charles P Kocoras |
| Contract: Other |
| 02 U.S.C. § 431 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 55 REPLY by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. to response in opposition to motion #53 to Compel Arbitration (Albright, Andrew) |
| Filing 54 MEMORANDUM by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. in Opposition to motion to compel #43 (Williams, Tim) |
| Filing 53 RESPONSE by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc.in Opposition to MOTION by Defendant Hoist Liftruck MFG, LLC to compel arbitration and stay litigation #43 (Williams, Tim) |
| Filing 52 FIRST AMENDED complaint by Bruckner Truck Sales, Inc., American Radio Corporation, Bruckner Leasing Co., Inc. against All Defendants (Massouh, John) |
| Filing 51 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file an amended complaint #49 is granted. Motion hearing set 12/10/2020 is stricken. Mailed notice (vcf, ) |
| Filing 50 NOTICE of Motion by John F Massouh for presentment of motion to amend/correct, #49 before Honorable Charles P. Kocoras on 12/10/2020 at 09:30 AM. (Massouh, John) |
| Filing 49 MOTION by Plaintiffs American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. to amend/correct notice of removal,,,,, #1 (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Complaint Comparison)(Massouh, John) |
| Filing 48 ATTORNEY Appearance for Defendant Hoist Material Handling, Inc. by Michael Alexander McCaskey (McCaskey, Michael) |
| Filing 47 MINUTE entry before the Honorable Charles P. Kocoras: Defendants' joint motion to compel arbitration and to stay litigation #43 is entered and briefed as follows: Response is due by 12/21/2020; Reply due by 1/4/2021. Court will rule by mail. In light of said briefing schedule, motion hearing set for 12/10/2020 is stricken. Mailed notice (vcf, ) |
| Filing 46 ATTORNEY Appearance for Defendant Hoist Material Handling, Inc. by Brooke Rogers (Rogers, Brooke) |
| Filing 45 MEMORANDUM by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. in support of motion to compel #43 arbitration and stay litigation (Showerman, Erin) |
| Filing 44 NOTICE of Motion by Erin Elizabeth Showerman for presentment of motion to compel #43 before Honorable Charles P. Kocoras on 12/10/2020 at 09:30 AM. (Showerman, Erin) |
| Filing 43 MOTION by Defendant Hoist Liftruck MFG, LLC to compel arbitration and stay litigation (Showerman, Erin) |
| Filing 42 ATTORNEY Appearance for Plaintiffs American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. by Sarah Kathleen Dunkley (Dunkley, Sarah) |
| Filing 41 ATTORNEY Appearance for Plaintiffs American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. by Michael Demuri Haeberle (Haeberle, Michael) |
| Filing 40 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #38 is granted. Mailed notice (vcf, ) |
| Filing 39 ATTORNEY Appearance for Defendant Hoist Liftruck MFG, LLC by Erin Elizabeth Showerman (Showerman, Erin) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17682957. (Massouh, John) |
| Filing 37 MINUTE entry before the Honorable Charles P. Kocoras: Motions to appear pro hac vice #35 and #36 are granted. Mailed notice (vcf, ) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17682432. (Lee, Saige) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17682389. (Williams, Tim) |
| Filing 34 ATTORNEY Appearance for Defendant Hoist Material Handling, Inc. by Andrew John Albright (Albright, Andrew) |
| Filing 33 ATTORNEY Appearance for Defendant Hoist Liftruck MFG, LLC by Robert L Dawidiuk Erin E. Showerman (Dawidiuk, Robert) |
| Filing 32 ATTORNEY Appearance for Defendant Hoist Liftruck MFG, LLC by Robert L Dawidiuk (Dawidiuk, Robert) |
| Filing 31 MAILED Rule 83.15 Letter to all counsel of record. (bg, ) |
| Filing 30 RECEIVED from Texas Northern; Case Number 2:20-cv-00180 (bg) |
Filing 29
Order Transferring to Another District: Case transferred to Eastern Division of Northern District of Illinois. (see Doc #28 for image) (Ordered by Chief Judge Barbara M. G. Lynn on 11/19/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
|
Filing 28
ORDER ACCEPTING THE #24 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - ORDERED that the Defendants' #9 request to transfer case to the Northern District of Illinois, Eastern Division is GRANTED. Defendants' request to compel arbitration is DENIED without prejudice, and Defendants' alternative request to dismiss the case with prejudice is DENIED. (Ordered by Chief Judge Barbara M. G. Lynn on 11/19/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
|
Filing 27
ORDER granting #25 Motion to Withdraw as Attorney. Attorney Alicia Marcia Barrs terminated. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/9/2020) (nhp) [Transferred from Texas Northern on 11/23/2020.]
|
| Filing 26 Brief/Memorandum in Support filed by Hoist Material Handling, Inc. re #25 MOTION to Withdraw as Attorney and Substitute Counsel (Manning, J) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 25 MOTION to Withdraw as Attorney and Substitute Counsel filed by Hoist Material Handling, Inc. (Manning, J) [Transferred from Texas Northern on 11/23/2020.] |
|
Filing 24
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition. The undersigned recommends that the United States District Judge GRANT in part the pending Joint Motion to Transfer Venue and Compel Arbitration, or, Alternatively, to Dismiss Plaintiffs' Original Petition. ECF No. 9. Specifically, the magistrate judge recommends that the district judge: grant Defendants' request to transfer the case to the Northern District of Illinois, Eastern Division; deny without prejudice Defendants' request to compel arbitration; and deny Defendants' alternative request to dismiss the case with prejudice. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/30/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
| Filing 23 REPLY filed by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. re: #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 22 Proposal for contents of scheduling and discovery order by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc.. (Massouh, John) [Transferred from Texas Northern on 11/23/2020.] |
|
Filing 21
ORDER granting #20 Motion to Extend Time to File Defendants' Reply Brief. Defendants shall file any reply no later than October 9, 2020. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 9/28/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
| Filing 20 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition filed by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. (Attachments: #1 Proposed Order) (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 19 Appendix in Support filed by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. re #18 Response/Objection, (Massouh, John) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 18 RESPONSE filed by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. re: #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition (Massouh, John) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc.. (Massouh, John) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 16 NOTICE of Attorney Appearance by Nancy J Stone for Robert L. Dawidiuk on behalf of Hoist Liftruck MFG, LLC. (Stone, Nancy) [Transferred from Texas Northern on 11/23/2020.] |
|
Filing 15
ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER: Joint Proposed Scheduling Order due by 9/28/2020. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/27/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
|
Filing 14
ORDER granting #13 Motion to Extend Time. Plaintiffs shall file a response to Defendants' Joint Motion no later than September 18, 2020. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/27/2020) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
| Filing 13 Unopposed MOTION to Extend Time Time to Respond to Defendants' Motion to Transfer and Motion to Compel Arbitration filed by American Radio Corporation, Bruckner Leasing Co., Inc., Bruckner Truck Sales, Inc. (Attachments: #1 Proposed Order Proposed Order) (Massouh, John) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hoist Liftruck MFG, LLC. (Stone, Nancy) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 11 Appendix in Support filed by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. re #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 10 Brief/Memorandum in Support filed by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. re #9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 9 MOTION to Transfer Case out of District/Division and Compel Arbitration or, Alternatively, to Dismiss Plaintiffs' Original Petition filed by Hoist Liftruck MFG, LLC, Hoist Material Handling, Inc. Attorney Alicia Marcia Barrs added to party Hoist Liftruck MFG, LLC(pty:dft) (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
|
Filing 8
STANDING ORDER OF REFERENCE AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE: Order Referring Case to Magistrate Judge D. Gordon Bryant, Jr. for pretrial management. (Ordered by Chief Judge Barbara M. G. Lynn on 7/28/2020) (Attachments: #1 Consent to Proceed before a United States Magistrate Judge form) (djs) [Transferred from Texas Northern on 11/23/2020.]
|
|
Filing 7
ORDER Granting #6 Motion to Extend Time to Respond to Plaintiffs' Original Petition. It is ORDERED that Defendants shall answer or otherwise respond to Plaintiffs' Original Petition by August 10, 2020. (Ordered by Chief Judge Barbara M. G. Lynn on 7/28/2020) (awc) [Transferred from Texas Northern on 11/23/2020.]
|
| Filing 6 MOTION to Extend Time to Respond to Plaintiffs' Original Petition filed by Hoist Material Handling, Inc. (Attachments: #1 Proposed Order) (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 5 New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Bryant). Clerk to provide copy to plaintiff if not received electronically. (nhp) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 4 Magistrate Judge Reno has notified the clerk that if this case is later referred, she must recuse. (djs) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hoist Material Handling, Inc.. (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 2 NOTICE of Attorney Appearance by Alicia Marcia Barrs on behalf of Hoist Material Handling, Inc.. (Filer confirms contact info in ECF is current.) (Barrs, Alicia) [Transferred from Texas Northern on 11/23/2020.] |
| Filing 1 NOTICE OF REMOVAL filed by Hoist Material Handling, Inc.. (Filing fee $400; receipt number 0539-11016304) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A, #4 Exhibit(s) B) (Barrs, Alicia) (Attachment 1 and 2 replaced with flattened document on 7/23/2020) (nhp). [Transferred from Texas Northern on 11/23/2020.] |
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 Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
