MCMILLAN MCGEE CORP v. THIRD SITE TRUST FUND
| MCMILLAN MCGEE CORP |
| THIRD SITE TRUST FUND |
| 1:2021cv01988 |
| July 8, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 48
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/8/2021. Parties discussed status of discovery. Court hereby STRIKES Plaintiff's Request for Admissions #45 , Plaintiff's First Request for Production of Documents #46 , and Plaintiff's First Interrogatories to Defendant #47 ; Clerk is directed to show Docket Nos. #45 , #46 , and #47 as stricken. Defendant is not obligated to respond to Plaintiff's discovery requests if such requests were only served by filing them with Court. If Plaintiff's counsel wishes to serve such discovery, such service must be properly effected. Telephonic Status Conference set for 1/18/2022 at 4:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 47
** STRICKEN PER #48 ** DISCOVERY Interrogatories, filed by Plaintiff MCMILLAN MCGEE CORP, Counter Defendant MCMILLAN MCGEE CORP.(Maiers, Charles) Modified on 12/8/2021 (GD).
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Filing 46
** STRICKEN PER #48 ** REQUEST for Production of Documents, filed by Plaintiff MCMILLAN MCGEE CORP, Counter Defendant MCMILLAN MCGEE CORP.(Maiers, Charles) Modified on 12/8/2021 (GD).
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Filing 45
** STRICKEN PER #48 ** REQUEST for Admissions, filed by Plaintiff MCMILLAN MCGEE CORP, Counter Defendant MCMILLAN MCGEE CORP.(Maiers, Charles) Modified on 12/8/2021 (GD).
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Filing 43
NOTICE of Filing of Third Site Trust Fund's Disclosure of EPA's Request to Proceed with ERH Treatment by THIRD SITE TRUST FUND (Attachments: #1 Exhibit A-Email) (Braun, Christopher)
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Filing 42
RESPONSE in Opposition re #36 OBJECTION to #32 Report and Recommendations , filed by Defendant THIRD SITE TRUST FUND. (Braun, Christopher)
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Filing 41
**PLEASE DISREGARD - FILED at DKT. #20 ** NOTICE to File Corporate Disclosure Statement to MCMILLAN MCGEE CORP. (RAGS) (AKH) Modified on 10/28/2021 (AKH).
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Filing 40
ANSWER to Counterclaim of Third Site Trust Fund, filed by Counter Defendant MCMILLAN MCGEE CORP. (Antaki, Vincent)
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Filing 39
NOTICE of Appearance by Vincent P. Antaki on behalf of Counter Defendant MCMILLAN MCGEE CORP. (Antaki, Vincent)
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Filing 38
Exhibit List Preliminary, filed by Defendant THIRD SITE TRUST FUND, Witness List Preliminary, filed by Defendant THIRD SITE TRUST FUND. (Braun, Christopher)
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Filing 37
Witness List and Exhibit List (Preliminary), filed by Plaintiff MCMILLAN MCGEE CORP, Counter Defendant MCMILLAN MCGEE CORP. (Appel, Christopher)
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Filing 36
OBJECTION to #32 Report and Recommendations , filed by Plaintiff MCMILLAN MCGEE CORP. (Maiers, Charles)
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Filing 35
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 11/29/2022. Discovery due by 11/1/2022. *SEE ALL DEADLINES.*. Signed by Magistrate Judge Mark J. Dinsmore on 10/6/2021. (GD) Modified on 10/20/2021 to correct III(H) deadline (GD). (Main Document 35 replaced on 10/20/2021) (GD).
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Filing 34
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 9/30/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 12/8/2021 at 2:00 PM (Eastern Time). Settlement Conference set for 9/13/2022 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 33
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/7/2021.(SWM)
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Filing 32
REPORT AND RECOMMENDATIONS re #7 MOTION for Return of Property filed by MCMILLAN MCGEE CORP, #15 MOTION to Strike #7 MOTION for Return of Property [7-1] Ex. A - Affidavit of D. Brent Winder filed by THIRD SITE TRUST FUND and #17 MOTION for Leave to File Surreply filed by THIRD SITE TRUST FUND. Signed by Magistrate Judge Mark J. Dinsmore on 9/29/2021.(SWM)
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Filing 31
ORDER - This is matter is before the Court on Third Site Trust Fund's Unopposed Motion to Extend Deadline to Submit Proposed CMP. [Dkt. #26 ]. The Court, being duly advised, hereby GRANTS the motion. On or before September 27, 2021, the parties shall file a proposed Case Management Plan, and the Court notes the parties did in fact file their proposed Case Management Plan on that date. [Dkt. #29 ]. Signed by Magistrate Judge Mark J. Dinsmore on 9/29/2021. (SWM)
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Filing 29
Joint Proposed CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimant THIRD SITE TRUST FUND, Defendant THIRD SITE TRUST FUND and Plaintiff McMillan McGee Corp. (Leagre, Ryan)
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Filing 28
Defendant Third Site Trust Fund's Amended ANSWER re #23 to #1 Complaint , Counterclaims, and Request for Jury Trial, filed by THIRD SITE TRUST FUND. (Attachments: #1 Exhibit 1 - Contract, #2 Exhibit 2 - Final Design Report)(Braun, Christopher) Modified on 9/28/2021 (AKH).
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Filing 27
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Counter Defendant MCMILLAN MCGEE CORP. (Maiers, Charles)
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Filing 26
Unopposed MOTION for Extension of Time to 9/27/2021 in which to #21 Order on Motion for Extension of Time to FileScheduling , filed by Counter Claimant THIRD SITE TRUST FUND, Defendant THIRD SITE TRUST FUND. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
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Filing 25
Corporate Disclosure Statement by THIRD SITE TRUST FUND. (Braun, Christopher)
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Filing 24
NOTICE to File Corporate Disclosure Statement to THIRD SITE TRUST FUND. (RAGS) (AKH)
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Filing 23
Third Site Trust Fund's ANSWER to #1 Complaint and Defenses, COUNTERCLAIM against MCMILLAN MCGEE CORP, filed by THIRD SITE TRUST FUND. (Attachments: #1 Exhibit 1 - Conract, #2 Exhibit 2 - Final Design Report)(Braun, Christopher)
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Filing 22
ORDER REFERRING MOTION - United States Magistrate Mark J. Dinsmore is hereby designated pursuant to 28 U.S.C. 636(b)(1)(B) to issue a report and recommendation on the Plaintiff's Petition for Immediate Possession of Personal Property Dkt. #7 . Signed by Judge Tanya Walton Pratt on 8/27/2021. Motions referred to Mark J. Dinsmore.(JDC)
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Filing 21
ORDER - This is matter is before the Court on Defendant's Unopposed Motion to Reschedule Pretrial Conference Call. [Dkt. #19 ]. Court, being duly advised, hereby GRANTS IN PART and DENIES IN PART the motion. The September 9, 2021 telephonic initial pretrial conference is CONTINUED to Thursday, September 30, 2021 at 2:30 p.m. (Eastern). In addition, the Court's Scheduling Order setting the initial pretrial conference [Dkt. #18 at 1-2] is amended as follows: 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 8/27/2021.(SWM)
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Filing 20
Corporate Disclosure Statement , filed by Plaintiff MCMILLAN MCGEE CORP. (Maiers, Charles) Modified on 10/28/2021 - corrected title (AKH).
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Filing 19
Unopposed MOTION for Extension of Time to Reschedule Pretrial Conference Call, filed by Defendant THIRD SITE TRUST FUND. (Attachments: #1 Text of Proposed Order)(Braun, Christopher)
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Filing 18
SCHEDULING ORDER: Initial Pretrial Conference set for 9/9/2021 02:00 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") no fewer than seven days before the pretrial conference. 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 8/19/2021.(SWM)
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Filing 17
MOTION for Leave to File Surreply to #7 , filed by Defendant THIRD SITE TRUST FUND. (Attachments: #1 Exhibit A - Proposed Surreply)(Braun, Christopher) Modified on 8/13/2021 (AKH).
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Filing 16
REPLY in Support of Motion re #7 MOTION for Return of Property , #15 MOTION to Strike #7 MOTION for Return of Property [7-1] Ex. A - Affidavit of D. Brent Winder , filed by Plaintiff MCMILLAN MCGEE CORP. (Attachments: #1 Affidavit Affidavit of B. Winder, #2 Exhibit Attachment 1 to Affidavit of B. Winder - leased equipment, #3 Exhibit Attachment 2 to Affidavit of B. Winder - Mc2 Owned Equipment)(Maiers, Charles)
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Filing 15
MOTION to Strike #7 MOTION for Return of Property [7-1] Ex. A - Affidavit of D. Brent Winder, filed by Defendant THIRD SITE TRUST FUND. (Braun, Christopher)
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Filing 14
RESPONSE in Opposition re #7 MOTION for Return of Property , filed by Defendant THIRD SITE TRUST FUND. (Attachments: #1 Affidavit Affidavit of Trustee Peter M. Racher, #2 Exhibit 1 - ERH Contract, #3 Exhibit 2 - Email from Matthew Ohl, #4 Exhibit 3 - 2019_03_29 Sampling Results, #5 Exhibit 4 - 2019_09_05 Sampling Results, #6 Exhibit 5 - Termination Letter, #7 Exhibit 6 - 2016_12_12 EPA Amended EAM, #8 Exhibit 7 - June emails re Access, #9 Exhibit 8 - 2021_07_21 Email from C. Braun, #10 Exhibit 9 - 2021_07_27 Email from C. Braun with access agreement, #11 Exhibit 10 - 2020_07_30 Limited Access Agreement, #12 Exhibit 11 - 2021_07_28 Email from C. Maiers, #13 Exhibit 12 - Performance Bond, #14 Exhibit 13 - 2021_06_15 Letter from Guarantee)(Braun, Christopher)
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Filing 13
NOTICE of Intent to Respond to Plaintiff's Petition for Immediate Possession of Personal Property, filed by Defendant THIRD SITE TRUST FUND, re #7 MOTION for Return of Property . (Leagre, Ryan)
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Filing 12
NOTICE of Appearance by Ryan Taylor Leagre on behalf of Defendant THIRD SITE TRUST FUND. (Leagre, Ryan)
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Filing 11
NOTICE of Appearance by Christopher J. Braun on behalf of Defendant THIRD SITE TRUST FUND. (Braun, Christopher)
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Filing 10
Jurisdictional Statement Second by MCMILLAN MCGEE CORP. (Appel, Christopher)
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Filing 9
Submission of Proposed Order for Immediate Possession, re #7 MOTION for Return of Property , filed by Plaintiff MCMILLAN MCGEE CORP. (Maiers, Charles)
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Filing 8
SECOND ENTRY ON JURISDICTION - On July 12, 2021, the Court ordered Plaintiff to file a Supplemental Jurisdictional Statement to establish the Court's jurisdiction over this case. Plaintiff was ordered to specifically identify the citizenship of the Defendant's trustees (Filing No. #4 ). On July 21, 2021, Plaintiff filed its Supplemental Jurisdictional Statement (Filing No. #6 ); however, Plaintiff's Statement fails to sufficiently allege the citizenship of the Defendant. Plaintiff is ORDERED to file another supplemental jurisdictional statement that establishes the Court's jurisdiction over this case. The jurisdictional statement should sufficiently allege the citizenship of the Defendant. This Supplemental Jurisdictional Statement is due fourteen (14) days from the date of this Entry. (See Order for Additional Information). Signed by Judge Tanya Walton Pratt on 7/27/2021.(AKH)
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Filing 7
MOTION for Return of Property , filed by Plaintiff MCMILLAN MCGEE CORP. (Attachments: #1 Exhibit A)(Maiers, Charles) Modified on 7/26/2021 (AKH).
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Filing 6
Jurisdictional Statement Supplemental, re #4 Entry by MCMILLAN MCGEE CORP. (Appel, Christopher)
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Filing 5
NOTICE of Appearance by Christopher John Appel on behalf of Plaintiff MCMILLAN MCGEE CORP. (Appel, Christopher)
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Filing 4
ENTRY ON JURISDICTION - It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the trustees of Defendant Third Site Trust Fund and their citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry). Signed by Judge Tanya Walton Pratt on 7/12/2021. (AKH)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Filing 2
NOTICE of Appearance by Charles J. Maiers on behalf of Plaintiff MCMILLAN MCGEE CORP. (Maiers, Charles)
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Filing 1
COMPLAINT RECEIPT NO. 0756-6644888 against THIRD SITE TRUST FUND, filed by MCMILLAN MCGEE CORP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Proposed Summons)(Maiers, Charles) Modified on 7/9/2021 (automated text regarding nonpayment removed) (DJH).
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| Plaintiff: MCMILLAN MCGEE CORP | |
| Represented By: | Charles J. Maiers |
| Represented By: | Christopher J. Appel |
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| Defendant: THIRD SITE TRUST FUND | |
| Represented By: | Christopher J. Braun |
| Represented By: | Ryan Taylor Leagre |
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