FRAZIER INDUSTRIAL COMPANY v. MIKE'S FIVE STAR TRUCK WASH, INC.

Justia Dockets & Filings Seventh Circuit Indiana Southern District FRAZIER INDUSTRIAL COMPANY v. MIKE'S FIVE STAR TRUCK WASH, INC.

FRAZIER INDUSTRIAL COMPANY v. MIKE'S FIVE STAR TRUCK WASH, INC.

Plaintiff:	FRAZIER INDUSTRIAL COMPANY
Defendant:	MIKE'S FIVE STAR TRUCK WASH, INC.
Case Number:	1:2017cv00407
Filed:	February 8, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Debra McVicker Lynch
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Personal Property: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 20, 2018	Filing 87 ORDER - Plaintiff Frazier Industrial Company ("Frazier") manufactures and sells commercial steel racking systems. Defendant Mike's Five Star Truck Wash, Inc. ("Mike's") is a truck washing facility in Indiana. Defendant DuBois Chemicals, Inc. ("DuBois") manufactures a cleaning solution that is utilized by Mike's and subject to the Indiana Products Liability Act. This matter arises from a dispute among the parties regarding damage allegedly caused to some of Frazier's steel racking systems after they were washed at Mike's in a process utilizing DuBois's pre-soak solution. Frazier filed suit in this Court, alleging various causes of action against Mike's and DuBois. Follo wing its initial complaint, Frazier filed two amended complaints, with the operative Second Amended Complaint filed in August 2017. [Filing No. 44 .] DuBois has filed a Motion to Dismiss Counts Four and Five of Frazier's Second Amended Comp laint, arguing that Frazier has failed to state a claim upon which relief can be granted. [Filing No. 72 .] For the reasons stated in this Order, the Court denies DuBois's Motion to Dismiss. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 2/20/2018. (APD)
April 25, 2017	Filing 21 ORDER - The parties are ORDERED to conduct whatever investigation is necessary and file a joint jurisdictional statement by May 5, 2017, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a joint jurisdictional statement, competing statements must be filed by that date. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/25/2017.(JRB)

Date Filed

Document Text

February 20, 2018

Filing 87 ORDER - Plaintiff Frazier Industrial Company ("Frazier") manufactures and sells commercial steel racking systems. Defendant Mike's Five Star Truck Wash, Inc. ("Mike's") is a truck washing facility in Indiana. Defendant DuBois Chemicals, Inc. ("DuBois") manufactures a cleaning solution that is utilized by Mike's and subject to the Indiana Products Liability Act. This matter arises from a dispute among the parties regarding damage allegedly caused to some of Frazier's steel racking systems after they were washed at Mike's in a process utilizing DuBois's pre-soak solution. Frazier filed suit in this Court, alleging various causes of action against Mike's and DuBois. Follo wing its initial complaint, Frazier filed two amended complaints, with the operative Second Amended Complaint filed in August 2017. [Filing No. 44 .] DuBois has filed a Motion to Dismiss Counts Four and Five of Frazier's Second Amended Comp laint, arguing that Frazier has failed to state a claim upon which relief can be granted. [Filing No. 72 .] For the reasons stated in this Order, the Court denies DuBois's Motion to Dismiss. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 2/20/2018. (APD)

April 25, 2017

Filing 21 ORDER - The parties are ORDERED to conduct whatever investigation is necessary and file a joint jurisdictional statement by May 5, 2017, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a joint jurisdictional statement, competing statements must be filed by that date. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/25/2017.(JRB)

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Plaintiff: FRAZIER INDUSTRIAL COMPANY
Represented By:	Max Eric Fiester
Represented By:	Rosaria A. Suriano
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Defendant: MIKE'S FIVE STAR TRUCK WASH, INC.
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