Carson v. New Bern Transport Corporation
| Allen Carson |
| New Bern Transport Corporation d/b/a Pepsi Beverages North America and New Bern Transport Corporation doing business as Pepsi Beverages North America |
| 1:2023cv00442 |
| October 18, 2023 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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Filing 29
REPLY by Allen Carson to #27 Brief (Other) Reply to Defendant's Supplemental Brief Regarding Amount in Controversy in Support of Its Notice of Removal. (Swanson, Donald)
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Filing 28
REPLY by Allen Carson to #26 Response to Motion Reply to Opposition to Plaintiff's Motion for Leave to File First Amended Complaint. (Swanson, Donald)
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Filing 27
BRIEF re 25 Hearing,,,, Set Deadlines/Hearings,,,, Terminate Hearings,,, #1 Notice of Removal, Def.'s Supplemental Brief re Amount in Controversy in Support of Its Notice of Removal). (Ashmore, Alison)
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Filing 26
RESPONSE to Motion re #21 MOTION to Amend/Correct Motion for Leave to File First Amended Complaint filed by New Bern Transport Corporation. (Ashmore, Alison)
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Filing 25
TELEPHONIC HEARING (scheduled as a Rule 16 Preliminary Pretrial Conference) held on 11/27/2023 before Magistrate Judge Susan L Collins. Pla appeared by attys Donald Swanson and Hannah Alderks. Dft appeared by attys Mark Magyar and Alison Ashmore. Court addresses issue of diversity jurisdiction. Parties disagree whether $75,000 threshold is met. Pla is willing to stipulate that damages do not meet the $75,000 threshold. Court orders Parties to brief issue of amount in controversy. Dft's brief on issue to be filed by 12/4/2023. Pla's response to be filed by 12/11/2023. Telephonic Rule 16 Preliminary Pretrial Conference held over to 12/19/2023 at 10:00 am. Court to initiate call. Parties are directed to file an Amended Report of Parties Planning meeting. Dft objects to Pla's #21 Motion for Leave to File First Amended Complaint and will be filing a response. (FTR 1st floor.) (mr)
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Filing 24
AMENDED DOCUMENT by Allen Carson. Amendment to #20 Amended Document Second Amended Rule 7.1 Disclosure Statement. (Swanson, Donald)
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Filing 23
ORDER for Magistrate Judge Susan Collins: Pla's #20 Amended Disclosure Statement is again inadequate under F.R.C.P 7.1(a)(2). Pla is ORDERED to file a Second Amended Disclosure Statement on or before 11/28/2023, that identifies the State in which Pla is domiciled, as such State is determinative of Pla's citizenship for purposes of diversity jurisdiction. Text entry order. (ash)
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Filing 22
REPORT of Rule 26(f) Planning Meeting. (Swanson, Donald)
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Filing 21
MOTION to Amend/Correct Motion for Leave to File First Amended Complaint by Plaintiff Allen Carson. (Attachments: #1 Exhibit First Amended Complaint)(Swanson, Donald)
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Filing 20
AMENDED DOCUMENT by Allen Carson. Amendment to #17 Disclosure Amended F.R.C.P. 7.1 Disclosure Statement. (Swanson, Donald)
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Filing 19
NOTICE of Appearance by Alison R Ashmore on behalf of New Bern Transport Corporation (Ashmore, Alison)
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Filing 18
ORDER for Magistrate Judge Susan Collins: Plaintiff's #17 F.R.C.P. Rule 7.1 Disclosure Statement is inadequate. Plaintiff is ordered to file an amended 7.1 disclosure statement that sets forth Plaintiff's citizenship on or before 11/27/2023. Text entry order.(mr)
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Filing 17
DISCLOSURE of Rule 7.1 Disclosure Statement (Individual) filed by Allen Carson.(Swanson, Donald)
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Filing 16
NOTICE of Appearance by Hannah L Alderks on behalf of Allen Carson (Alderks, Hannah)
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Filing 15
NOTICE of Appearance by Donald C Swanson, Jr on behalf of Allen Carson (Swanson, Donald)
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Filing 14
NOTICE by New Bern Transport Corporation Notice of Appearance of Alison R. Ashmore (Magyar, Mark)
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Filing 13
NOTICE of Appearance by Mark J Magyar on behalf of New Bern Transport Corporation (Magyar, Mark)
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Filing 12
Amended Corporate Disclosure Statement by New Bern Transport Corporation identifying Corporate Parent Pepsico Inc for New Bern Transport Corporation.. (Magyar, Mark) Modified on 11/8/2023 to add amended (mrm).
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Filing 11
ORDER for Magistrate Judge Susan Collins: Defendant's #4 Corporate Disclosure Statement is not fully compliant with FRCP 7.1 and General Order 2023-06. Defendant is ordered to file an Amended Corporate Disclosure Statement on or before 11/13/2023. Plaintiff is ordered to file his FRCP 7.1(a)(2) Disclosure Statement on or before 11/13/2023. Text entry order.(mr)
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Filing 10
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
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Filing 9
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/27/2023 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. (mr)
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Filing 8
STATEMENT Def. New Bern's Supplemental Jurisdiction Statement in Support of Its Notice of Removal) re #7 Opinion and Order,, Set Deadlines, #1 Notice of Removal, filed by New Bern Transport Corporation. (Attachments: #1 Exhibit EXH. A -- Parcel Report)(Magyar, Mark)
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Filing 7
OPINION AND ORDER: Defendant is AFFORDED to and including 11/3/2023 to file a supplemental jurisdictional statement that adequately alleges Plaintiff's citizenship for diversity purposes.. Signed by Magistrate Judge Susan L Collins on 10/23/23. (jld)
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**NEW CASE, MOTION PENDING** Chief Judge Holly A Brady and Magistrate Judge Susan L Collins added. (shk)
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Filing 4
Corporate Disclosure Statement by New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
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Filing 3
MEMORANDUM in Support of #2 MOTION to Dismiss filed by New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
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Filing 2
MOTION to Dismiss by Defendant New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5387829.) from Allen County Superior Court, Cause No. 02D03-2309-CT-000648, filed by New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Magyar, Mark)
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