Hirschbach Motor Lines, Inc, et al v. Smarttruck Undertray Systems, LLC, et al--SEE #32 ORDER WHEN ENTERING FINAL JUDGMENT
| Brad Pinchuk and Hirschbach Motor Lines, Inc |
| Ron Pope, Steve Wulff, Steven Ingham Jr., Smarttruck Undertray Systems, Inc., Mike Henderson, Smarttruck Undertray Systems, Inc, Mitchell Greenberg and Steven Ingham, Jr |
| Hirschbach Motor Lines, Inc. |
| 2:2017cv01019 |
| August 11, 2017 |
| US District Court for the Northern District of Iowa |
| Eastern Dubuque Office |
| Dubuque |
| Kelly Mahoney |
| Leonard T Strand |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.
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Filing 58
ORDER: Granting #57 Motion for Extension of Time for Scheduling Order Deadline: Add Parties ddl 02/11/2019: Amended Pleadings ddl 02/11/2019: Plaintiff's Expert Witness ddl 12/07/2018: Defendant's Expert Witness ddl 02/08/2019: Plaintiff's Rebuttal Experts ddl 03/08/2019: Discovery ddl 04/12/2019: Motions ddl 05/13/2019. Signed by Chief Magistrate Judge Kelly Mahoney on 10/12/18. (kfs)
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| Filing 57 Joint UNRESISTED Motion for Extension of Discovery Deadlines by Plaintiff Hirschbach Motor Lines, Inc (Hale, William) |
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Filing 56
ORDER: Granting #52 Motion for Extension of Time for Scheduling Order Deadlines: Add Parties ddl 01/10/2019: Amended Pleadings ddl 01/10/2019: Plaintiffs' Expert Witness ddl 11/08/2018: Defendants' Expert Witness ddl 01/07/2019: Plaintiffs' Rebuttal Experts ddl 02/07/2019: Discovery ddl 03/08/2019: Dispositive Motion ddl 04/12/2019. Signed by Magistrate Judge Kelly Mahoney on 06/19/18. (kfs)
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| Filing 55 ESI PROTOCOL granting #54 Motion. Signed by Magistrate Judge Kelly Mahoney on 6/15/2018. (des) |
| Filing 54 MOTION to Approve ESI Protocol by Defendant Smarttruck Undertray Systems, Inc (Attachments: #1 Proposed ESI Protocol) (Gray, John) Modified text on 6/15/2018 (pac). |
| Filing 53 (DOCKETD IN ERROR: Attorney to refile): Stipulation Proposed ESI Protocol filed by Smarttruck Undertray Systems, Inc (Gray, John) Modified text on 06/14/2018 (pac). Modified text on 06/14/2018 (kfs) |
| Filing 52 MOTION for Extension of Time for Scheduling Order Deadlines by Hirschbach Motor Lines, Inc, Brad Pinchuk (Hale, William) Modified event on 6/14/2018 (pac). |
| Filing 51 Plaintiff's ANSWER With Jury Demand to #35 Answer to Amended Complaint, Counterclaim by Hirschbach Motor Lines, Inc, Brad Pinchuk.(Goosmann, Jeana) |
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Filing 50
AGREED PROTECTIVE Order: Granting #49 Motion for Protective Order. Signed by Magistrate Judge Kelly Mahoney on 04/26/18. (kfs)
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| Filing 49 MOTION for Protective Order by Plaintiffs Hirschbach Motor Lines, Inc, Brad Pinchuk (Osborn, Anthony) |
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Filing 48
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 10/28/2019 9:00 AM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Final Pretrial Conference set for 10/15/2019 3:00 PM in Ctrm 3 (3rd Floor) Sioux City before Chief Judge Leonard T Strand. Proposed Pretrial Order due by 10/12/2019. Signed by Chief Judge Leonard T Strand on 4/23/2018. (src)
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Filing 47
ORDER granting #45 MOTION for Leave to Appear Pro Hac Vice for Attorney Nowell D. Berreth on behalf of Smarttruck Undertray Systems, Inc. Signed by Magistrate Judge Kelly Mahoney on 4/19/2018. (mml)
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Filing 46
ORDER denying in its entirety #40 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Leonard T Strand on 4/19/2018. (src)
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| Filing 45 MOTION for Leave to Appear Pro Hac Vice for Attorney Nowell D. Berreth ( Pro Hac Vice Fee $ 75 receipt number 0862-2678630) by Defendant Smarttruck Undertray Systems, Inc, Counter Claimant Smarttruck Undertray Systems, Inc (Gray, John) |
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Filing 44
SCHEDULING Order and Discovery Plan: Initial Disclosures: satisfied; previously exchanged by parties. Add Parties Deadline due by 10/8/2018. Amended Pleadings due by 10/8/2018. Plaintiffs Expert Witness due by 8/6/2018. Defendants Expert Witnesses due by 9/28/2018. Plaintiffs Rebuttal Experts due by 10/30/2018. Discovery due by 12/4/2018. Motions due by 1/4/2019. Trial Ready Deadline 6/3/2019. Signed by Magistrate Judge Kelly Mahoney on 4/17/2018. (mml)
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| Filing 43 MINUTE Entry for proceedings held before Magistrate Judge Kelly Mahoney: Telephonic Status Conference held on 4/17/2018. Order to follow. (Court Reporter - FTR Gold) (src) |
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Filing 42
ORDER Setting Hearing: Telephonic Status Conference set for 4/17/2018 at 10:00 AM (Central) before Magistrate Judge Kelly Mahoney. See Order text for details. Signed by Magistrate Judge Kelly Mahoney on 4/10/2018. (Attachments: #1 Scheduling Order & Discovery Plan) (mml)
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| Filing 41 BRIEF in Opposition re #40 MOTION to Dismiss for Failure to State a Claim filed by Smarttruck Undertray Systems, Inc. (Attachments: #1 Exhibit A) (Tuck, Andrew) |
| Filing 40 MOTION to Dismiss for Failure to State a Claim by Plaintiffs Hirschbach Motor Lines, Inc, Brad Pinchuk, Counter Defendants Hirschbach Motor Lines, Inc, Brad Pinchuk (Attachments: #1 Brief in Support of Motion to Dismiss Counterclaims) (Goosmann, Jeana) |
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Filing 39
ORDER - Granting #36 MOTION for Extension of Time to File Proposed Scheduling Order & Discovery Plan by Brad Pinchuk and Hirschbach Motor Lines, Inc. The parties shall submit a proposed scheduling order and discovery plan on the earlier of: (1) 30 days following Plaintiffs' deadline to file a reply on the anticipated motion to dismiss, or (2) by April 4, 2018. Signed by Magistrate Judge Kelly Mahoney on 2/6/2018. (src)
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| Filing 38 MINUTE Entry for proceedings held before Magistrate Judge Kelly Mahoney: Telephonic Motion Hearing held on 2/6/2018 re #36 UNRESISTED Motion for extension of time to file scheduling and discovery plan filed by Brad Pinchuk and Hirschbach Motor Lines, Inc. Motion is granted, order to follow. (Court Reporter - FTR Gold) (src) |
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Filing 37
ORDER Setting Hearing on #36 Motion for extension of time to file scheduling order and discovery plan: Telephonic Motion Hearing set for 2/6/2018 11:00 AM before Magistrate Judge Kelly Mahoney (See Order text for instructions to participate). The scheduling order and discovery plan deadline is stayed pending this hearing. Signed by Magistrate Judge Kelly Mahoney on 2/2/2018. (des)
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| Filing 36 UNRESISTED Motion for extension of time to file scheduling and discovery plan by Plaintiffs Hirschbach Motor Lines, Inc, Brad Pinchuk, Counter Defendants Hirschbach Motor Lines, Inc, Brad Pinchuk (Hale, William) |
| Filing 35 ANSWER With Jury Demand to #14 Amended Complaint , COUNTERCLAIM With Jury Demand against All Plaintiffs by Smarttruck Undertray Systems, Inc. (Attachments: #1 Exhibit A)(Tuck, Andrew) |
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Filing 34
ORDER: Granting #33 Motion for Extension of Time to Answer: Defendants's Answer to Amended Complaint due by 01/24/2018. Signed by Magistrate Judge Kelly Mahoney on 01/16/18. (kfs)
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| Filing 33 Joint MOTION for Extension of Time to File Answer re #14 Amended Complaint by Defendant Smarttruck Undertray Systems, Inc (Tuck, Andrew) |
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Filing 32
ORDER granting in part and denying in part #20 Motion to Dismiss (See Order Text). The motion is denied with respect to Counts I, III, IV, XV, XVI and XVII. This case will proceed with regard to those six counts. Signed by Chief Judge Leonard T Strand on 1/3/2018. (des)
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| Set Deadline pursuant to #29 Minute Entry: Scheduling Report due by 2/2/2018 (des) |
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Filing 31
ORDER re #30 Joint Notice filed by Brad Pinchuk, Hirschbach Motor Lines, Inc. As agreed to by the parties, the initial disclosure deadline is hereby scheduled for 1/26/2018. As previously ordered during the hearing of 12/15/2017 (Doc. #29 ), all other discovery deadlines (with the exception of the initial disclosure deadline scheduled above) are stayed for 30 days from the filing of the order on the pending motion dismiss (Doc. #20 ). Signed by Magistrate Judge Kelly Mahoney on 12/22/2017. (des)
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| Filing 30 NOTICE by Hirschbach Motor Lines, Inc, Brad Pinchuk re #29 Status Conference Joint Notice of Setting Initial Disclsoure Deadline (Osborn, Anthony) Modified text on 12/26/2017 (pac). |
| Filing 29 MINUTE Entry for proceedings held before Magistrate Judge Kelly Mahoney: Telephonic Status Conference held on 12/15/2017. Court grants Joint oral motion to stay/extend scheduling order deadline, now set for 12/15/2017. Scheduling order and discovery deadline is stayed pending ruling on the motion to dismiss and shall be filed 30 days following ruling on motion to dismiss. As agreed to by the parties, initial disclosures are due (not to be filed) 12/22/2017. No Order to follow. (Official Court Record: FTR Gold) (des) |
| Filing 28 REPLY BRIEF to re #20 MOTION to Dismiss Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim filed by Mitchell Greenberg, Mike Henderson, Steven Ingham, Jr, Smarttruck Undertray Systems, Inc, Steve Wulff. (Attachments: #1 Exhibit 1 (Hirschbach's Biennial 2008 Report)) (Tuck, Andrew) |
| Filing 27 NOTICE of Appearance by William Jeremiah Hale on behalf of Hirschbach Motor Lines, Inc, Brad Pinchuk. (Hale, William) |
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Filing 26
ORDER Setting Hearing: Telephonic Status Conference set for 12/13/2017 at 2:30 PM before Magistrate Judge Kelly Mahoney: See text of Order for further instructions. Signed by Magistrate Judge Kelly Mahoney on 12/07/17. (kfs)
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Reply Brief and to file a brief in excess of page limitation by Smarttruck Undertray Systems Inc re #20 Motion to Dismiss Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim. Reply Brief due by 12/8/2017. Signed by Chief Judge Leonard T Strand on 12/1/2017. (des)
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| Filing 24 Unresisted MOTION for Extension of Time to File Reply and to file brief in excess of page limitation by Smarttruck Undertray Systems, Inc (Tuck, Andrew) Modified text on 12/1/2017 (pac). |
| Filing 23 BRIEF in Opposition re #20 MOTION to Dismiss Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim filed by Hirschbach Motor Lines, Inc, Brad Pinchuk. (Goosmann, Jeana) |
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Responsive Pleading and Extend Brief Length filed by Brad Pinchuk, Hirschbach Motor Lines, Inc, re #20 Motion to Dismiss Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim. The plaintiffs may file a brief in excess of 20 pages, but not more than 30 pages, in opposition to defendants motion to dismiss by 11/27/2017. Signed by Chief Judge Leonard T Strand on 11/17/2017. (des)
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| Filing 21 MOTION for Extension of Time to File Responsive Pleading re #20 Motion to Dismiss and Extend Brief Length filed by Hirschbach Motor Lines, Inc, Brad Pinchuk (Goosmann, Jeana) Modified text on 11/16/2017 (kfs) Modified text on 11/17/2017 (skm). |
| Filing 20 MOTION to Dismiss Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim by Defendants Mitchell Greenberg, Mike Henderson, Steven Ingham, Jr, Smarttruck Undertray Systems, Inc, Steve Wulff Responses due by 11/17/2017 (Attachments: #1 Brief In Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Tuck, Andrew) |
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Filing 19
ORDER: Granting #18 Motion for Leave to File Overlength Brief. Signed by Chief Judge Leonard T Strand on 11/03/17. (kfs)
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| Filing 18 MOTION for Leave to File Overlength Brief by Defendant Smarttruck Undertray Systems, Inc (Gray, John) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Hirschbach Motor Lines, Inc, Brad Pinchuk. Mitchell Greenberg waiver sent on 10/30/2017, answer due 12/29/2017. (Goosmann, Jeana) |
| Filing 16 Summons Issued as to Mitchell Greenberg. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 Civil Case Packet) (pac) |
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Filing 15
ORDER granting #13 MOTION to extend deadlines filed by Hirschbach Motor Lines, Inc. Defendants deadline for filing a response to #14 Amended Complaint is extended to 11/3/2017. The deadline for the parties to confer regarding scheduling and discovery issues is extended to 12/1/2017 and the deadline for the parties to submit a proposed scheduling order and discovery plan to the court is extended to 12/15/2017. Signed by Magistrate Judge Kelly Mahoney on 10/17/2017. (des)
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| Filing 14 AMENDED Complaint With Jury Demand against All Defendants, filed by Hirschbach Motor Lines, Inc, Brad Pinchuk. (Goosmann, Jeana) |
| Filing 13 MOTION to Amend Complaint and extend deadlines by Hirschbach Motor Lines, Inc (Goosmann, Jeana) Modified event and text on 10/12/2017 (pac). |
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Filing 12
ORDER: Granting #11 Motion for Extension of Time to File Plaintiff's Brief in Opposition to #10 Motion to Dismiss: Response due by 10/12/2017. Signed by Chief Judge Leonard T Strand on 09/29/17. (kfs)
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| Filing 11 Joint UNRESISTED Motion for Extension of Time to File Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss by Plaintiffs Hirschbach Motor Lines, Inc, Brad Pinchuk (Goosmann, Jeana) |
| Filing 10 MOTION to Dismiss For Lack of Personal Jurisdiction and Failure to State a Claim by Defendants Mike Henderson, Steven Ingham, Jr, Ron Pope, Smarttruck Undertray Systems, Inc, Steve Wulff Responses due by 10/5/2017 (Attachments: #1 Brief In Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Tuck, Andrew) |
| Filing 9 PURSUANT to Local Rule 7.1 Disclosure Statement by Smarttruck Undertray Systems, Inc (Tuck, Andrew) |
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Filing 8
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice for Attorney Andrew Tuck and #7 Motion for Leave to Appear Pro Hac Vice for Attorney James Cash on behalf of Defendants Mike Henderson, Steven Ingham Jr, Ron Pope, Smarttruck, Undertray Systems Inc and Steve Wulff. Signed by Magistrate Judge Kelly Mahoney on 9/18/2017. (des)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice for Attorney James Cash ( Pro Hac Vice Fee $ 75 receipt number 0862-2549749) by Defendants Mike Henderson, Steven Ingham, Jr, Ron Pope, Smarttruck Undertray Systems, Inc, Steve Wulff (Attachments: #1 Exhibit 1 (Certificate of Good Standing)) (Cash, James) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney Andrew Tuck ( Pro Hac Vice Fee $ 75 receipt number 0862-2549743) by Defendants Mike Henderson, Steven Ingham, Jr, Ron Pope, Smarttruck Undertray Systems, Inc, Steve Wulff (Attachments: #1 Exhibit 1 (Certificate of Good Standing)) (Tuck, Andrew) |
| Set Deadline: Defendant Smarttruck Undertray Systems, Inc., LR 7.1 Disclosure Statement due by 10/5/2017. (skm) |
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer #1 Complaint. Answer deadline extended for Defendants Mike Henderson, Steven Ingham, Jr, Ron Pope, Smarttruck Undertray Systems, Inc, and Steve Wulff to 9/28/2017. Signed by Magistrate Judge Kelly Mahoney on 9/8/2017. (des)
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| ***Attorney John C Gray for Defendants Mike Henderson, Steven Ingham, Jr, Ron Pope, Smarttruck Undertray Systems, Inc, and Steve Wulff added pursuant to Attorney signature on #4 Joint Motion Waiving Service and Extending time Allowed for Responsive Pleadings. Checked checked for conflicts - none found. Clerk verified attorney admission. (des) |
| Filing 4 Motion for Extension of Time to File Answer by Hirschbach Motor Lines, Inc., Brad Pinchuk as to All Defendants. (Goosmann, Jeana) Modified on 9/6/2017 to edit event type. (src) |
| Filing 3 PURSUANT to Local Rule 7.1 Disclosure Statement by Hirschbach Motor Lines, Inc., Brad Pinchuk (Goosmann, Jeana) |
| Set Deadline: Plaintiff Hirschbach Motor Lines, Inc's LR 7.1 Disclosure Statement due by 9/4/2017. (pac) |
| Filing 2 Summons Issued as to Mike Henderson, Steven Ingham Jr., Ron Pope, Smarttruck Undertray Systems, Inc., Steve Wulff. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 New Civil Case Packet) (pac) |
| Chief Judge Leonard T Strand and Magistrate Judge Kelly Mahoney added. (Conflicts list reviewed as to parties and Attorneys Goosmann and Osborn; none found) (pac) |
| Filing 1 COMPLAINT With Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0862-2529515.), filed by Hirschbach Motor Lines, Inc., Brad Pinchuk. Scheduling Report due by 11/9/2017 (Attachments: #1 Civil Cover Sheet) (Goosmann, Jeana) |
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