CLINE v. NEVEU et al
| MICHAEL CLINE |
| DANIEL NEVEU |
| TFI TRANSPORT 1, INC. |
| 1:2023cv00449 |
| March 13, 2023 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Jane Magnus-Stinson |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER - Defendant Daniel Neveu and Defendant/Counter Claimant TFI Transport 1, Inc. ("TFI") filed their Amended Notice of Removal on March 22, 2023, asserting that the Court has diversity jurisdiction over this matter. Dkt. #11 . Although more than 30 days have passed since the filing of the Amended Notice of Removal, Plaintiff/Counter Defendant Michael Cline has not filed a response as required by Local Rule 81-1. In addition, TFI has filed a Counterclaim against Mr. Cline, [Filing No. #13 , to which Mr. Cline has filed an Answer, [Filing No. #16 ; Filing No. #17 . The docket incorrectly designates Mr. Neveu as a Counter Claimant, although he is not a party to the Counterclaim. [See Filing No. #13 at 10-12.] Accordingly, the Clerk is DIRECTED to update the docket to remove Mr. Neveu's designation as a Counter Claimant. In addition, the Court notes that neither TFI's Counterclaim nor Mr. Cline's Answer states the basis for the Court's jurisdiction over the Counterclaim.Based on the foregoing, and in order for the Court to determine whether it has jurisdiction over all aspects of this matter, all parties are now ORDERED to conduct whatever investigation is necessary and file a Joint Jurisdictional Statement by May 12, 2023, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. The Joint Jurisdictional Statement should also state the basis for the Court's jurisdiction over the Counterclaim. 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 04/27/2023.(AAS)
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| Filing 17 Submission of Signature Requirement re #16 Answer by MICHAEL CLINE. (Habig, Eric) |
| Filing 16 ANSWER Counterclaim Defendant's Answer to TFI's Counterclaim, filed by Counter Defendant MICHAEL CLINE. (Habig, Eric) |
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Filing 15
ORDER GRANTING #14 JOINT STIPULATION OF PARTIAL DISMISSAL - Plaintiff's claims against TFI TRANSPORT 1, INC., for negligent hiring, qualifying, training, entrusting, supervising, and retaining Defendant Lyons and failing to properly inspect, maintain, service or repair the tractor trailer (Count III, Paragraphs 26-28) in Plaintiff's Complaint for Damages, are hereby dismissed with prejudice. (See Order.) Signed by Judge Jane Magnus-Stinson on 4/7/2023. (JSR)
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| Filing 14 Joint MOTION to Dismiss Count III, paragraphs 26, 27, and 28 of Plaintiff's Complaint, filed by Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Attachments: #1 Order Granting Joint Stipulation of Partial Dismissal)(Pfleging, Lesley) |
| Filing 13 Defendants' ANSWER to Complaint (Notice of Removal) with Jury Demand and Affirmative Defenses, COUNTERCLAIM by TFI Transport 1, Inc. against MICHAEL CLINE, filed by All Defendants.(Pfleging, Lesley) |
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Filing 12
SCHEDULING ORDER - Initial Pretrial Conference set for 6/6/2023 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mario Garcia. (See Order.) Signed by Magistrate Judge Mario Garcia on 3/30/23.(NAD)
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| Filing 11 Submission of Amended Notice of Removal, filed by Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 State Court Record (Appearance, Complaint, Summons, Proof of Service, Appearance, Motion for Enlargement of Time, and Order on MET))(Pfleging, Lesley) |
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Filing 10
ORDER - The Court ORDERS Defendants to file an Amended Notice of Removal by March 22, 2023 that addresses the issue outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of his obligation to file a statement within thirty days of Defendants' 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. (See Order.) Signed by Judge Jane Magnus-Stinson on 3/14/2023. (JSR)
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| Filing 9 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 7 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 6 DEMAND for Trial by Jury, filed by Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Hinen, Macie) |
| Filing 5 NOTICE of Appearance by Macie Hinen on behalf of Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Hinen, Macie) |
| Filing 4 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Pfleging, Lesley) |
| Filing 3 Rule 7.1 Disclosure Statement by TFI TRANSPORT 1, INC. identifying Corporate Parent TFI International, Inc. for TFI TRANSPORT 1, INC... (Pfleging, Lesley) |
| Filing 2 NOTICE of Appearance by Lesley A. Pfleging on behalf of Defendants DANIEL NEVEU, TFI TRANSPORT 1, INC.. (Pfleging, Lesley) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D03-2301-CT-001569, filed by All Defendants. (Filing fee $402, receipt number AINSDC-7542659) (Attachments: #1 Exhibit Operative Complaint, #2 Civil Cover Sheet, #3 State Court Record (Appearance, Complaint, Summons, POS, Appearance, Jury Demand, MET, Order on MET))(Pfleging, Lesley) |
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