STEHLE et al v. VENTURE LOGISTICS LLC et al
| JOSEPH P STEHLE, JR, VIRGINIA RILEY, KIMBERLY STEHLE and KRISTY SHOOPMAN |
| SEAN P KELLEY, AMERICAN GUARANTEE AND LIABILITY INS. CO and VENTURE LOGISTICS LLC |
| 1:2020cv00096 |
| January 10, 2020 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Richard L Young |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 Mail Returned as undeliverable. #44 Order on Motion to Appear pro hac vice sent to AMERICAN GUARANTEE AND LIABILITY INS. CO. c/o William Benson (CKM) |
Filing 45
SCHEDULING ORDER: Initial Pretrial Conference set for 3/17/2020 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 2/10/2020.(SWM)
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Filing 44
ORDER granting William B. Benson's #42 Motion to Appear pro hac vice on behalf of Defendant American Guarantee and Liability Insurance Company. The court FURTHER ORDERS that William B. Benson register as a user of the courts electronic case filing system by February 19, 2020. Failure to register could result in the revocation of his admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 2/5/2020. (SWM)
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| Filing 43 Statement of Position Post Transfer by All Plaintiffs. (Brannon, Douglas) |
| Filing 42 MOTION for Attorney(s) Willaim B. Benson to Appear pro hac vice (Filing fee $100.00, receipt number IP068263), filed by Defendant AMERICAN GUARANTEE AND LIABILITY INS. CO. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Cover Letter, #3 Envelope). (MAC) |
| Filing 41 Statement of Position Post-Transfer by SEAN P KELLEY. (Janik, Steven) |
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Filing 40
ORDER granting Defendant Venture Logistics LLC's #36 Motion for Extension of Time to File response to complaint to 3/23/2020. Signed by Magistrate Judge Debra McVicker Lynch on 1/31/2020. (SWM)
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| Filing 39 Statement of Position Post-Transfer by VENTURE LOGISTICS LLC. (Magrames, James) |
| Filing 38 NOTICE of Appearance by Amalia June Gemelas on behalf of Defendant VENTURE LOGISTICS LLC. (Gemelas, Amalia) |
| Filing 37 NOTICE of Appearance by Thomas Scot Ehrhardt on behalf of Defendant VENTURE LOGISTICS LLC. (Ehrhardt, Thomas) |
| Filing 36 MOTION for Extension of Time to March 23, 2020 in which to #1 Complaint File Responsive Pleading, filed by Defendant VENTURE LOGISTICS LLC. (Attachments: #1 Text of Proposed Order)(Magrames, James) |
| Filing 35 Corporate Disclosure Statement by VENTURE LOGISTICS LLC identifying Corporate Parent TC HoldCo, LLC for VENTURE LOGISTICS LLC.. (Magrames, James) |
| Filing 34 NOTICE of Appearance by James G. Magrames on behalf of Defendant VENTURE LOGISTICS LLC. (Magrames, James) |
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Filing 33
ORDER granting Douglas Dustin Brannon's #32 Motion to Appear pro hac vice on behalf of PLAINTIFFS. The court FURTHER ORDERS that Douglas Dustin Brannon register as a user of the court's electronic case filing system by January 29, 2020. Failure to register could result in the revocation of his admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 1/23/2020. (SWM) Modified on 1/23/2020 (SWM).
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| Filing 32 MOTION for Attorney(s) Douglas D. Brannon to Appear pro hac vice (Filing fee $100.00, receipt number IP068049), filed by Plaintiffs VIRGINIA RILEY, KRISTY SHOOPMAN, JOSEPH P STEHLE, JR, KIMBERLY STEHLE. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Cover Letter, #3 Text of Proposed Order, #4 Envelope) (CKM) |
| Filing 31 NOTICE to File Corporate Disclosure Statement to VENTURE LOGISTICS LLC. (LAB) (JRB) |
| Filing 30 Case transferred in from District of Ohio Southern; Case Number 3:19-cv-00169. Original file copy of transfer order and docket sheet received. |
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Filing 29
ENTRY AND ORDER GRANTING, IN PART, DEFENDANT VENTURE LOGISTICS, LLCS MOTION TO DISMISS COMPLAINT AND TRANSFER VENUE (DOC. #16 ) AND TRANSFERRING THE CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA. Signed by Judge Thomas M. Rose on 1/10/20. (kma) [Transferred from Ohio Southern on 1/10/2020.]
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| Case transferred to District of U.S. District Court for the Southern District of Indiana.Case file and docket sheet sent Electronically. (kma) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Defendant American Guarantee and Liability Ins. Co. (Benson, William) [Transferred from Ohio Southern on 1/10/2020.] |
| Set/Reset Deadlines: Show Cause Response due by 1/13/2020. re 12/23/2019 notation order. (kma) [Transferred from Ohio Southern on 1/10/2020.] |
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NOTATION ORDER: The Court has received and initially reviewed the briefing on Defendant Venture Logistics, LLC's Motion to Dismiss Complaint and Transfer Venue. (Docs. 16, 22, 27.) The Court is still analyzing the issues and has not yet made a decision on any aspect of the Motion, but recognizes that both Defendant Venture Logistics, LLC and Plaintiffs raise the issue of potentially transferring this action from this Court to the United States District Court for the Southern District of Indiana. The Court does not believe that the documents filed in this action, to date, address whether defendant American Guarantee and Liability Insurance Company (which has filed an Answer in this case (Doc. 11)) is subject to, or would consent to, personal jurisdiction in the United States District Court for the Southern District of Indiana. It appears that question could potentially be relevant and, in an effort to proceed efficiently and expeditiously, the Court therefore ORDERS defendant American Guarantee and Liability Insurance Company to SHOW CAUSE, on or before January 13, 2020, whether or not it would be subject to, or would consent to, personal jurisdiction in the United States District Court for the Southern District of Indiana. Signed by Judge Thomas M. Rose on 12-23-2019. (de) [Transferred from Ohio Southern on 1/10/2020.]
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| Filing 27 REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Venture Logistics LLC. (Attachments: #1 Exhibit) (Stein, Erik) [Transferred from Ohio Southern on 1/10/2020.] |
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NOTATION ORDER granting #25 Defendant, Venture Logistics, LLC's Motion for Extension of Time to File Reply to Plaintiffs' Response to Defendant, Venture Logistics, LLCs Motion to Dismiss Complaint and Transfer Venue. Defendant Venture Logistics, LLC's Reply must be filed on or before December 12, 2019. Signed by Judge Thomas M. Rose on 11-5-2019. (de) [Transferred from Ohio Southern on 1/10/2020.]
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| Filing 26 Supplemental Memorandum Supporting re #25 MOTION for Extension of Time to File Response/Reply as to #22 Response to Motion, New date requested 12/16/2019. by Defendant Venture Logistics LLC. (Stein, Erik) [Transferred from Ohio Southern on 1/10/2020.] |
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NOTATION ORDER - The Court has received and reviewed Defendant Venture Logistics, LLC's Motion for extension of time to file reply #25 . Counsel for Defendant Venture Logistics, LLC is ORDERED to: (1) continue efforts to contact other counsel in accordance with Local Rule 7.3 concerning whether there is any opposition to the motion, and (2) then file on or before Tuesday, November 5, 2019 a declaration from counsel for Defendant Venture Logistics, LLC indicating the extent of those efforts and any outcome from those efforts (including, if he becomes aware of any objection, the scope of such objection). Signed by Judge Thomas M. Rose on 11-4-2019 (de) [Transferred from Ohio Southern on 1/10/2020.]
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #22 Response to Motion, New date requested 12/16/2019. by Defendant Venture Logistics LLC. (Attachments: #1 Memorandum in Support of Motion) (Stein, Erik) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 24 ANSWER to #1 Complaint with Jury Demand filed by Sean P Kelley. (Bentz, Audrey) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 23 NOTICE of Appearance by Audrey K Bentz for Defendant Sean P Kelley (Bentz, Audrey) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 22 RESPONSE to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Virginia Riley, Kristy Shoopman, Joseph P Stehle, Jr, Kimberly Stehle. (Attachments: #1 Exhibit FMCSA Motor Carrier, #2 Exhibit Evilsizor Process Servers LLC) (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 21 SUMMONS Returned Executed as to Defendant Venture Logistics LLC. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 20 Summons Issued as to Venture Logistics LLC. (kma) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 19 REQUEST for Issuance of Summons. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 18 SUMMONS Returned Executed as to Defendant Venture Logistics LLC. Venture Logistics LLC served on 9/18/2019, answer due 10/9/2019. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 17 SUMMONS Returned Executed as to Defendant Sean P Kelley. Sean P Kelley served on 10/8/2019, answer due 10/29/2019. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Defendant Venture Logistics LLC. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit A) (Stein, Erik) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 15 NOTICE of Appearance by Erik C Stein for Defendant Venture Logistics LLC (Stein, Erik) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 14 NOTICE of Substitution of Counsel - Steven G Janik substituting for Christopher G. Keim, Klevis Bakiaj, and Robert R. Foos, Jr. as to Defendant Sean P Kelley. (Janik, Steven) [Transferred from Ohio Southern on 1/10/2020.] |
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Filing 13
ENTRY AND ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO PERFECT SERVICE OF COMPLAINT #12 Plaintiffs are to perfect service on Defendants on or before November 18, 2019. Signed by Judge Thomas M. Rose on 9-18-2019. (de) Modified on 9/18/2019 (de). [Transferred from Ohio Southern on 1/10/2020.]
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| Filing 12 MOTION for Extension of Time New date requested 11/18/2019. To Perfect Service of Complaint by Plaintiffs Virginia Riley, Kristy Shoopman, Joseph P Stehle, Jr, Kimberly Stehle. (Attachments: #1 Text of Proposed Order Entry Granting Extension) (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 11 ANSWER to #1 Complaint with Jury Demand filed by American Guarantee and Liability Ins. Co. (Benson, William) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 10 Summons Issued as to Sean P. Kelley, Venture Logistics LLC, and Venture Logistics LLC c/o Statutory Agent (jmb) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 9 REQUEST for Issuance of Summons. upon Venture Logistics LLC Statutory Agent (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 8 REQUEST for Issuance of Summons. upon Venture Logistics LLC (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 7 REQUEST for Issuance of Summons. upon Defendant Sean P. Kelley (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 6 WAIVER OF SERVICE Returned Executed. Waiver sent to American Guarantee and Liability Ins. Co on 6/12/2019, answer due 8/12/2019. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 5 NOTICE of Appearance by William B Benson for Defendant American Guarantee and Liability Ins. Co (Benson, William) [Transferred from Ohio Southern on 1/10/2020.] |
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NOTATION ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of Robert R. Foos, Jr. Signed by Judge Thomas M. Rose on 7/2/2019. (jmb) [Transferred from Ohio Southern on 1/10/2020.]
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| Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6992130) of Robert R. Foos, Jr. by Defendant Sean P Kelley. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Bakiaj, Klevis) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 3 NOTICE of Appearance by Klevis Bakiaj for Defendant Sean P Kelley (Bakiaj, Klevis) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 2 NOTICE by Plaintiff Joseph P Stehle, Jr re #1 Complaint Civil Cover Sheet (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
| NOTICE re #1 Complaint : Pursuant to S.D. Ohio Civ. R. 3.1 every complaint or other document initiating a civil action must be accompanied by a completed civil cover sheet on a form available from the Clerk and on the Courts website at http://www.ohsd.uscourts.gov/ohio-southern-district-forms. Please file a civil cover sheet using the event Civil-Other Filings-Notices-Notice (Other) and link the document back to the complaint. (kma) [Transferred from Ohio Southern on 1/10/2020.] |
| If case is referred it will be assigned to Magistrate Judge Sharon L. Ovington. (jmb) [Transferred from Ohio Southern on 1/10/2020.] |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6957207), filed by Joseph P Stehle, Jr, Kristy Shoopman, Virginia Riley, Kimberly Stehle. (Brannon, Douglas) [Transferred from Ohio Southern on 1/10/2020.] |
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