SIMPSON v. APEX EXPRESS, INC.
| Robert Simpson |
| Apex Express, Inc. d/b/a Cordell Transportation Company, LLC and APEX EXPRESS, INC. doing business as CORDELL TRANSPORTATION COMPANY, LLC |
| 1:2021cv00744 |
| March 26, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Labor: Other |
| 28 U.S.C. § 451 |
| Plaintiff |
Docket Report
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Filing 24
ORDER - in order for the Court to determine whether it has diversity jurisdiction over this matter, the parties are ORDERED to conduct whatever investigation is necessary and file a Joint Jurisdictional Statement by June 4, 2021, 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. Signed by Judge Jane Magnus-Stinson on 5/20/2021.(MAC)
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| Filing 21 BRIEF/MEMORANDUM in Support re #20 MOTION for Judgment on the Pleadings , filed by Defendant APEX EXPRESS, INC.. (Slezak, Donald) |
| Filing 20 MOTION for Judgment on the Pleadings , filed by Defendant APEX EXPRESS, INC.. (Slezak, Donald) |
| Filing 19 NOTICE of Response in Diversity Case, filed by Plaintiff ROBERT SIMPSON (Wilson, Bradley) |
| Filing 18 ***PLEASE DISREGARD REFER TO #20 *** MOTION for Judgment on the Pleadings , filed by Defendant APEX EXPRESS, INC.. (Attachments: #1 Supplement Memorandum in Support)(Slezak, Donald) Modified on 5/20/2021 (MAC). |
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Filing 23
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/7/2022. Discovery due by 12/10/2021. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 5/10/2021. (GD)
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Filing 22
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 5/7/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 6/21/2021 at 11:00 AM (Eastern Time). Settlement Conference set for 9/23/2021 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 17
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/10/2021.(SWM)
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| Filing 15 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ROBERT SIMPSON . (Wilson, Bradley) |
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 5/7/2021 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") on or before May 5, 2021. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 4/21/2021.(SWM)
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Filing 13
ORDER granting David A. Campbell's #7 Motion to Appear pro hac vice on behalf of Defendant APEX EXPRESS, INC. Signed by Magistrate Judge Mark J. Dinsmore on 4/21/2021. (SWM)
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| Filing 12 Corporate Disclosure Statement by APEX EXPRESS, INC.. (Slezak, Donald) |
| Filing 11 NOTICE of Filing Amended Notice of Removal by All Defendants (Attachments: #1 Exhibit Summons, Complaint, and Docket, #2 Exhibit Document Reflecting Service, #3 Exhibit State Court Notice) (Slezak, Donald) |
| Filing 10 NOTICE to File Corporate Disclosure Statement to APEX EXPRESS, INC. (RAGS). (MAC) |
| Filing 9 ANSWER to Complaint , filed by All Defendants.(Slezak, Donald) |
| Filing 8 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant APEX EXPRESS, INC.. (Slezak, Donald) |
| Filing 7 MOTION for Attorney(s) David A. Campbell to Appear pro hac vice (Filing fee $100, receipt number 0756-6489061), filed by Defendant APEX EXPRESS, INC.. (Attachments: #1 Exhibit Proposed Pro Hac Vice Order, #2 Exhibit Certificate of Service)(Campbell, David) |
| Filing 6 NOTICE of Appearance by Donald G. Slezak on behalf of Defendant APEX EXPRESS, INC.. (Slezak, Donald) |
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Filing 5
ORDER - the Court ORDERS Defendant to file an Amended Notice of Removal by April 19, 2021, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of its obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1. The parties are advised that, to the extent the Amended Notice of Removal and the Local Rule 81-1 Statement reflect anything other than total agreement regarding any jurisdictional allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. Signed by Judge Jane Magnus-Stinson on 3/30/2021. (MAC)
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| Filing 4 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MAC) |
| Filing 3 Submission of State Court Records Received from the Marion County Clerk, Cause No. 49D05-2 1 02-PL-006706. (MAC) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, Civil Division, case number 49D05-2102-PL-006706, filed by All Defendants. (Filing fee $402, receipt number 0756-6480518) (Attachments: #1 Exhibit Summons, Complaint, and Docket, #2 Exhibit Document Reflecting Service, #3 Exhibit Notice to State Court, #4 Civil Cover Sheet)(Slezak, Donald) Modified on 3/29/2021 - corrected duplicative docket text(AKH). |
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