JOHNSON v. TROXEL et al
| SHERLYNN JOHNSON |
| IVAN TROXEL, UW PROVISION TRANSFER LLC and UW PROVISION TRANSFER, LLC |
| 1:2021cv02303 |
| August 20, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 Exhibit List Preliminary, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC, Witness List Preliminary, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC. (Foos, Robert) |
| Filing 16 NOTICE of Service of Initial Disclosures , filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC. (Foos, Robert) |
Filing 20
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/7/2022. Discovery due by 9/2/2022. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 10/7/2021. (GD)
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Filing 19
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 10/5/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 12/17/2021 at 9:30 AM (Eastern Time). Settlement Conference set for 7/12/2022 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 17
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/7/2021.(SWM)
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| Filing 15 CASE MANAGEMENT PLAN TENDERED, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC . (Foos, Robert) |
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Filing 13
MARGINAL ENTRY - regarding #12 Response to #10 Order to Show Cause. The Show Cause is DISCHARGED. Signed by Judge Tanya Walton Pratt on 9/22/2021.(AKH)
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| Filing 12 RESPONSE , re #10 Order to Show Cause, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC. (Foos, Robert) |
| Filing 11 NOTICE Supplemental Jurisdictional Statement, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER, LLC (Foos, Robert) |
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Filing 10
**DISCHARGED at Dkt. #13 ** ORDER TO SHOW CAUSE - On August 20, 2021, Defendants Ivan Troxel and UW Provision Transfer, LLC filed their Notice of Removal, removing this action to this Court from the Marion County Superior Court (Filing No. #1 ). The Notice of Removal failed to sufficiently allege the citizenship of Defendant UW Provision Transfer, LLC, so the Court issued an Entry on Jurisdiction, ordering the Defendants to file a supplemental jurisdictional statement to establish the Court's jurisdiction over the case (Filing No. #7 ). The Defendants were required to file their supplemental jurisdictional statement no later than September 6, 2021. That deadline has passed, and the Defendants have not filed a supplemental jurisdictional statement. As the party asking this Court to invoke its jurisdiction, Defendants must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. Having failed to file the required supplemental jurisdictional statement, the Defendants are ORDERED to show cause by September 30, 2021, why this case should not be remanded to the Marion County Superior Court. Signed by Judge Tanya Walton Pratt on 9/15/2021.(AKH) Modified on 9/22/2021 (AKH).
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Filing 9
SCHEDULING ORDER: Initial Pretrial Conference set for 10/5/2021 04:30 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 9/10/2021.(SWM)
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| Filing 8 ANSWER to Complaint (Notice of Removal) , filed by IVAN TROXEL, UW PROVISION TRANSFER, LLC.(Foos, Robert) |
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Filing 7
ENTRY - It has come to the Court's attention that Defendants' Notice of Removal fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Notice of Removal alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Notice of Removal fails to sufficiently allege the citizenship of Defendant UW Provision Transfer, LLC. Citizenship is the operative consideration for jurisdictional purposes. the Defendants are ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of Defendant UW Provision Transfer, LLC. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 8/23/2021. (AKH)
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| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 5 Corporate Disclosure Statement by UW PROVISION TRANSFER LLC. (Foos, Robert) |
| Filing 4 NOTICE of Automatic Initial Extension of Time, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER LLC (Foos, Robert) |
| Filing 3 DEMAND for Trial by Jury, filed by Defendants IVAN TROXEL, UW PROVISION TRANSFER LLC. (Foos, Robert) |
| Filing 2 NOTICE of Appearance by Robert R. Foos on behalf of Defendants IVAN TROXEL, UW PROVISION TRANSFER LLC. (Foos, Robert) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court, case number 49D01-2107-CT-024567, filed by UW PROVISION TRANSFER LLC, IVAN TROXEL. (Filing fee $402, receipt number 0756-6711373) (Attachments: #1 State Court Record Complaint, Summons, Appearance, Jury Demand, Motion for Time, Order on Motion for Time, Order on CMO, #2 Exhibit State Court Complaint, #3 Civil Cover Sheet)(Foos, Robert) |
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