STEWART v. WIESE USA, INC. et al
| Special Administrato Ethan W. Stewart and ETHAN W. STEWART |
| Wiese USA, Inc., Performax Global LLC, C.H.I. Overhead Doors, LLC, GFA Elektromaten GMBH & Co. KG and PERFORMAX GLOBAL, LLC |
| 2:2023cv00372 |
| July 25, 2023 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 19 Transfer Letter to the Clerk of the Vigo County Court. Copies of case documents and docket enclosed. (CKM) |
Filing 18
ORDER - granting #17 Motion to Remand; This case is remanded to the Vigo County Indiana Superior Court for further proceedings. Signed by Judge Jane Magnus-Stinson on 8/7/2023. Copies Sent to Vigo County (CKM)
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| Filing 17 Unopposed MOTION to Remand , filed by Defendant C.H.I. OVERHEAD DOORS, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Kehl, Jeffrey) |
| Filing 16 NOTICE of Appearance by Jennifer L. Blackwell on behalf of Defendant WIESE USA, INC.. (Blackwell, Jennifer) |
| Filing 15 NOTICE Second Amended Notice of Removal, filed by Defendant C.H.I. OVERHEAD DOORS, LLC, re #14 Order. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B - State Court Docket: P's Appearance, Complaint, CHI Summons, Wiese Summons, Performax Summons, GFA Summons, Alias Summons to Performax, Wiese Proof of Service, Weise Delivery Confirmation, CHI Proof of Service, CHI Delivery Confirmation, P's Motion for Special Process Server, Order Granting Motion, CHI Attorney Appearance, Notice of Enlargement of Time to Answer Complaint, Performax Proof of Service, Performax Delivery Confirmation, Wiese Attorney Appearance, Wiese Motion for Enlargement of Time, Performax Attorney Appearance, Performax Notice of Enlargement of Time to Answer Complaint, Order Granting Wiese Motion for Enlargement of Time, #3 Exhibit Ex C - Wiese Consent to Removal, #4 Exhibit Ex D - Performax Consent to Removal, #5 List of Defendants) (Kehl, Jeffrey) |
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Filing 14
ORDER - The Court ORDERS C.H.I. to file a Second Amended Notice of Removal by August 14, 2023, which addresses the issues 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 C.H.I.'s filing of the Amended Notice of Removal pursuant to Local Rule 81-1. The parties are advised that, to the extent the Second 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 7/31/2023. (JSR)
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| Filing 13 Amended Rule 7.1 Disclosure Statement by C.H.I. OVERHEAD DOORS, LLC identifying Corporate Parent ARTHUR HOLDINGS CORP., Corporate Parent Arthur Parent LLC for C.H.I. OVERHEAD DOORS, LLC. (Kehl, Jeffrey) Modified on 7/31/2023 - Updated dkt text (JSR). |
| Filing 12 NOTICE Amended Notice of Removal, filed by Defendant C.H.I. OVERHEAD DOORS, LLC, re #10 Order. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B - State Court Docket: P's Appearance, Complaint, CHI Summons, Wiese Summons, Performax Summons, GFA Summons, Alias Summons to Performax, Wiese Proof of Service, Weise Delivery Confirmation, CHI Proof of Service, CHI Delivery Confirmation, P's Motion for Special Process Server, Order Granting Motion, CHI Attorney Appearance, Notice of Enlargement of Time to Answer Complaint, Performax Proof of Service, Performax Delivery Confirmation, Wiese Attorney Appearance, Wiese Motion for Enlargement of Time, Performax Attorney Appearance, Performax Notice of Enlargement of Time to Answer Complaint, Order Granting Wiese Motion for Enlargement of Time, #3 Exhibit Ex C - Wiese Consent to removal, #4 Exhibit Ex D - Performax Consent to Removal, #5 List of Defendants) (Kehl, Jeffrey) |
| Filing 11 Rule 7.1 Disclosure Statement by WIESE USA, INC. identifying Corporate Parent WIESE HOLDING COMPANY for WIESE USA, INC... (Orzeske, Donald) |
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Filing 10
ORDER - The Court ORDERS C.H.I. to file an Amended Notice of Removal by August 14, 2023, which addresses the issues 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 C.H.I.'s filing of the Amended Notice of Removal. C.H.I. is ORDERED to file an Amended Rule 7.1 Disclosure Statement by August 14, 2023, properly setting forth its citizenship. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 7/27/2023.(KAA)
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| Filing 9 NOTICE of Appearance by Donald G. Orzeske on behalf of Defendant WIESE USA, INC.. (Orzeske, Donald) |
| Filing 8 Rule 7.1 Disclosure Statement by PERFORMAX GLOBAL, LLC identifying Corporate Parent C.H.I. Overhead Doors, LLC for PERFORMAX GLOBAL, LLC.. (Drummy, William) |
| Filing 7 NOTICE of Appearance by William W. Drummy on behalf of Defendant PERFORMAX GLOBAL, LLC. (Drummy, William) |
| Filing 6 Rule 7.1 Disclosure Statement, filed by Defendant C.H.I. OVERHEAD DOORS, LLC (Kehl, Jeffrey) Modified on 7/27/2023 - Updated dkt text (JSR). |
| Filing 5 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JSR) |
| Filing 2 NOTICE of Appearance by Jeffrey E. Kehl on behalf of Defendant C.H.I. Overhead Doors, LLC. (Kehl, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL from Vigo County Superior Court, case number 84D02-2306-CT-003984, filed by C.H.I. Overhead Doors, LLC. Filing fee $402 (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B - State Court Docket: P's Appearance, Complaint, CHI Summons, Wiese Summons, Performax Summons, GFA Summons, Alias Summons to Performax, Wiese Proof of Service, Weise Delivery Confirmation, CHI Proof of Service, CHI Delivery Confirmation, P's Motion for Special Process Server, Order Granting Motion, CHI Attorney Appearance, Notice of Enlargement of Time to Answer Complaint, Performax Proof of Service, Performax Delivery Confirmation, Wiese Attorney Appearance, Wiese Motion for Enlargement of Time, Performax Attorney Appearance, Performax Notice of Enlargement of Time to Answer Complaint, #3 Exhibit Ex C - Wiese Consent to removal, #4 Exhibit Ex D - Performax Consent to Removal, #5 List of Defendants, #6 Civil Cover Sheet Civil Cover Sheet)(Kehl, Jeffrey) |
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