CSM Companies, Inc. et al v. Navistar, Inc.
| CSM Companies, Inc., Trivista Companies, Inc., O'Halloran International, Inc., Cerni Motor Sales, Inc., Uhl Truck Sales, Inc., Trivista Dodge City, LLC, CSM Companies, Inc, Trivista Companies, Inc, O'Halloran International, Inc, Cerni Motor Sales, Inc and Uhl Truck Sales, Inc |
| Navistar, Inc. and Navistar, Inc |
| 3:2022cv03022 |
| July 12, 2022 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| Leonard T Strand |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 28
SEALED ORDER denying #2 MOTION for Declaratory Judgment Relief filed by Plaintiffs CSM Companies, Inc., Cerni Motor Sales, Inc., O'Halloran International, Inc., Trivista Companies, Inc., Trivista Dodge City, LLC, Uhl Truck Sales, Inc. Signed by Chief Judge Leonard T Strand on 8/31/2022. (pac)
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Filing 27
TEXT ORDER granting #26 UNRESISTED MOTION for Extension of Time to File Resistance/Reply to #25 MOTION to Dismiss Counterclaims. Defendant/Counterclaimant Navistar, Inc.'s responses due by 9/15/2022. Signed by Chief Judge Leonard T Strand on 8/31/22. (djs)
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| Filing 26 UNRESISTED MOTION for Extension of Time to File Resistance/Reply as to #25 MOTION to Dismiss Counterclaims by Defendant Navistar, Inc, Counter Claimant Navistar, Inc (Lederer, Gregory) |
| Filing 25 MOTION to Dismiss Counterclaims by Plaintiffs Cerni Motor Sales, Inc, O'Halloran International, Inc, Trivista Companies, Inc, Trivista Dodge City, LLC, Uhl Truck Sales, Inc Responses due by 9/8/2022 (Attachments: #1 Brief) (Lorentzen, John) |
| Filing 24 PLAINTIFFS Reply Brief re #1 Complaint, #2 Motion for Miscellaneous Relief, Plaintiffs' Joint Reply Brief in Support of Request for Declaratory Relief by CSM Companies, Inc, Cerni Motor Sales, Inc, O'Halloran International, Inc, Trivista Companies, Inc, Trivista Dodge City, LLC, Uhl Truck Sales, Inc (Lorentzen, John) |
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Filing 23
TEXT ORDER granting #22 Motion for Leave to File Overlength Brief. Upon receipt of this order, Plaintiffs may now file their overlength reply brief through the Clerk's CM/ECF docketing system. Signed by Chief Judge Leonard T Strand on 8/16/22. (djs)
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| Filing 22 MOTION for Leave to File Overlength Brief re #1 Complaint, #2 Motion for Miscellaneous Relief, [Plaintiffs' Joint Reply Brief in Support of Request for Declaratory Relief] by Plaintiffs CSM Companies, Inc, Cerni Motor Sales, Inc, O'Halloran International, Inc, Trivista Companies, Inc, Trivista Dodge City, LLC, Uhl Truck Sales, Inc (Attachments: #1 Reply Brief) (Lorentzen, John) |
| Filing 21 CORPORATE Disclosure Statement by Navistar, Inc identifying Corporate Parent Navistar, Inc, Corporate Parent Navistar International Corporation for Navistar, Inc, Navistar, Inc. (Chronowski, Louis) |
| Filing 20 MINUTE Entry for proceedings held before Chief Judge Leonard T Strand: Motion Hearing held on 8/8/2022 re #2 MOTION Speedy Hearing on Request for Declaratory Judgment Relief: Ruling reserved, order to follow. Plaintiffs' reply brief due 8/15/2022. Official Court Record: FTR Gold (kms) |
| Filing 19 Response to #2 MOTION Speedy Hearing on Request for Declaratory Judgment Relief filed by Navistar, Inc. (Attachments: #1 Exhibit 1 - Mark Belisle Declaration, #2 Exhibit 2 - Kentucky Dealer License Information, #3 Exhibit 3 - Indiana Dealer License Information, #4 Exhibit 4 - Ohio Dealer License Information) (Chronowski, Louis) Modified text on 8/8/2022 (pac). |
| Filing 18 ANSWER With Jury Demand to Complaint , COUNTERCLAIM against Cerni Motor Sales, Inc, O'Halloran International, Inc, Trivista Companies, Inc, Trivista Dodge City, LLC, Uhl Truck Sales, Inc by Navistar, Inc.(Chronowski, Louis) |
| Filing 17 CORPORATE Disclosure Statement by Cerni Motor Sales, Inc, O'Halloran International, Inc, Trivista Companies, Inc, Trivista Dodge City, LLC, Uhl Truck Sales, Inc (Lorentzen, John) |
| Filing 16 CORPORATE Disclosure Statement by CSM Companies, Inc (Radig, James) |
| Filing 15 NOTICE of Change of Address by Louis S Chronowski, Jr (Chronowski, Louis) |
| Filing 14 SEALED Sealed Exhibit 1 to O'Halloran Declaration re #13 Plaintiffs Brief,, with access to the following parties: CSM Companies, Inc., Trivista Dodge City, LLC, O'Halloran International, Inc., Cerni Motor Sales, Inc., Uhl Truck Sales, Inc., Trivista Companies, Inc., Navistar, Inc. (Attachments: #1 Exhibit 1 to Kozek Declaration) (Lorentzen, John) |
| Filing 13 PLAINTIFFS Brief re #1 Complaint, #2 Motion for Miscellaneous Relief, [Plaintiffs' Joint Pre-Hearing Brief in Support] by CSM Companies, Inc., Cerni Motor Sales, Inc., O'Halloran International, Inc., Trivista Companies, Inc., Trivista Dodge City, LLC, Uhl Truck Sales, Inc. (Attachments: #1 Declaration of Jim O'Halloran, #2 Exhibit 1 to O'Halloran Declaration (Public), #3 Exhibit 2 to O'Halloran Declaration, #4 Declaration of William Kozek, #5 Exhibit 1 to William Kozek Declaration (Public)) (Lorentzen, John) |
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Filing 12
TEXT ORDER granting #11 Unresisted Motion to Seal Document (for Leave to File Under Seal) (Expedited Relief Requested). Plaintiff may file their exhibit in support of their brief under seal. Signed by Chief Judge Leonard T Strand on 7/25/22. (djs) Modified on 7/26/2022 to remove extra link (jlh)
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| Filing 11 UNRESISTED MOTION to Seal Document (for Leave to File Under Seal) (Expedited Relief Requested) by Plaintiffs CSM Companies, Inc., Cerni Motor Sales, Inc., O'Halloran International, Inc., Trivista Companies, Inc., Trivista Dodge City, LLC, Uhl Truck Sales, Inc. (Lorentzen, John) |
| Filing 10 *TEXT ORDER ONLY* granting #8 Motion for Leave to Appear Pro Hac Vice for Attorney Chronowski. Upon review of the motion and certificates of good standing, the Court finds the motion should be granted. It is so ordered that Attorney Louis Chronowski is authorized to appear on behalf of Defendant Navistar, Inc. Signed by Clerk on 7/22/2022. (pac) |
| Filing 9 CERTIFICATE OF SERVICE by CSM Companies, Inc., Cerni Motor Sales, Inc., O'Halloran International, Inc., Trivista Companies, Inc., Trivista Dodge City, LLC, Uhl Truck Sales, Inc. (Lorentzen, John) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Attorney Louis Chronowski ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3718351) by Defendant Navistar, Inc. (Attachments: #1 Certificate of Good Standing Indiana, #2 Certificate of Good Standing Illinois) (Lederer, Gregory) |
| Filing 7 NOTICE of Appearance by Gregory M Lederer on behalf of Navistar, Inc.. (Lederer, Gregory) |
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Filing 6
ORDER re #5 Order Setting Hearing on Motion. To clarify the court's order filed 7/18/2022, the briefing and hearing described in that order are not limited solely to the speedy aspect of plaintiffs' motion for speedy hearing on request for declaratory judgment relief. The parties should present arguments on both the merits of the request for declaratory relief and the issue of whether this case presents an appropriate situation for deciding the request for declaratory judgment relief at this early stage of the proceedings. Signed by Chief Judge Leonard T Strand on 7/20/2022. (jag)
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| Set Deadline: Defendant LR 7.1 Disclosure Statement due by 8/15/2022. (skm) |
| Set Deadline: Plaintiffs' LR 7.1 Disclosure Statements due by 8/2/2022. (skm) |
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Filing 5
ORDER Setting Hearing on Motion #2 Motion for Speedy Hearing on Request for Declaratory Judgment Relief: Plaintiffs shall file a brief in support of their request for speedy declaratory judgment relief on or before 7/26/2022. Defendant shall file a responsive brief on or before 8/5/2022. Telephonic Motion Hearing set for 8/8/2022 03:00 PM before Chief Judge Leonard T Strand. See Order for Court's Zoom.gov audio instructions and additional details. Signed by Chief Judge Leonard T Strand on 7/18/2022. (jag)
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| Filing 4 SUMMONS Returned Executed by CSM Companies, Inc., Trivista Dodge City, LLC, O'Halloran International, Inc., Cerni Motor Sales, Inc., Uhl Truck Sales, Inc., Trivista Companies, Inc. Navistar Inc served 7/14/2022 answer due 8/4/2022. (Lorentzen, John) Modified text to add service and answer date on 7/19/2022 (skm). Modified text on 7/19/2022 (des) |
| Filing 3 Summons Issued as to Navistar, Inc.. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 New Civil Case Packet) (mmc) |
| Chief Judge Leonard T Strand and Chief Magistrate Judge Kelly K.E. Mahoney added. Conflicts checked; none found. (mmc) |
| DOCKET Annotation: Case opened in the WRONG DIVISION by Attorney John Lorentzen as case number 1:22-cv-0068. Clerk hereby notifies attorney and Financial Department the corrected case number is now 3:22-cv-3022. (mmc) Modified text to correct new case number on 7/13/2022 (mmc). |
| Filing 2 MOTION Speedy Hearing on Request for Declaratory Judgment Relief by Plaintiffs CSM Companies, Inc., Cerni Motor Sales, Inc., O'Halloran International, Inc., Trivista Companies, Inc., Trivista Dodge City, LLC, Uhl Truck Sales, Inc. (Lorentzen, John) |
| Filing 1 COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number AIANDC-3712340.), filed by CSM Companies, Inc., Trivista Dodge City, LLC, O'Halloran International, Inc., Cerni Motor Sales, Inc., Uhl Truck Sales, Inc., Trivista Companies, Inc.. Scheduling Report Deadline 10/11/2022. (Attachments: #1 Civil Cover Sheet) (Lorentzen, John) Modified on 7/13/2022 (mmc). |
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