Hawkins v. Tom's Tree Service, LLC et al
| Ralph Hawkins |
| Tom's Tree Service, LLC and Midwest Risk Management, LLC |
| 4:2023cv00224 |
| July 7, 2023 |
| US District Court for the Southern District of Iowa |
| William P Kelly |
| Stephanie M Rose |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 38
TEXT ORDER SETTING STATUS CONFERENCE. A Telephonic Status Conference is set for 3/1/2024 at 10:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 to be joined with the call. Signed by Magistrate Judge William P. Kelly on 8/10/2023. (djs)
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Filing 37
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Magistrate Judge William P. Kelly on 8/10/2023. (Attachments: #1 Supplement Fillable FPTC, #2 Supplement IASD JERS) (djs)
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Filing 36
ORDER adopting #33 REGARDING PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline was complete by 6/21/2023. Motions to Add Parties due by 9/5/2023. Motions to Amend Pleadings due by 10/3/2023. Plaintiff's Expert Witness Disclosures due by 11/3/2023. Defendants' Expert Witness Disclosures due by 1/3/2024. Plaintiff's Rebuttal Witness Disclosures due by 2/2/2024. A Telephonic Status Conference is set for 3/1/2024 at 10:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 to be connected to the call. Discovery Deadline is set for 4/3/2024. The Dispositive Motions Deadline is on 5/3/2024. The Final Pretrial Conference is set for 9/13/2024 at 10:00 AM in Des Moines - Room 455 - 4th Floor South before Magistrate Judge William P. Kelly. Trial Ready by 9/30/2024. Jury Trial is set for 10/15/2024 at 09:00 AM in Des Moines - Room 145 - 1st Floor South before Chief Judge Stephanie M. Rose. Estimated length of three days for trial. Signed by Magistrate Judge William P. Kelly on 8/10/2023. (djs)
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| Filing 35 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge William P. Kelly: Scheduling Conference held on 8/10/2023. Attorney Matthew Robertson appeared for Plaintiff. Attorney Adam Bates appeared for Defendants. Status of case was discussed. Separate Orders to follow. Total Court Time: 23 minutes. (djs) |
| Filing 34 Defendants ANSWER to Complaint by Midwest Risk Management, LLC, Tom's Tree Service, LLC.(Bates, Adam) |
| Filing 33 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Robertson, Matthew) |
| Filing 32 DEMAND for Trial by Jury by Ralph Hawkins. (Robertson, Matthew) |
| Filing 31 ***NOTICE OF APPEARANCE***Withdrawal of Attorney by Adam Patrick Bates. (Bates, Adam) Modified on 7/31/2023 (btg). |
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Filing 30
TEXT ORDER granting #28 Motion for Leave to Appear Pro Hac Vice Matthew S. Robertson; granting #29 Motion for Leave to Appear Pro Hac Vice Alan J. Stecklein. Signed by Magistrate Judge William P. Kelly on 7/27/2023. (kjw)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5201479 Fee paid in the amount of $100. by Ralph Hawkins. (Lipman, Jeffrey) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5201465 Fee paid in the amount of $100. by Ralph Hawkins. (Lipman, Jeffrey) |
| Filing 27 NOTICE of Appearance by Jeffrey M. Lipman on behalf of Ralph Hawkins (Lipman, Jeffrey) |
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Filing 26
TEXT ORDER SETTING SCHEDULING CONFERENCE. A Telephonic Scheduling Conference shall be held on 8/10/2023 at 10:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 at the prompt to be joined with the call. The parties shall file a Proposed Scheduling Order and Discovery Plan as provided under Local Rule 16 by 8/3/2023. Signed by Magistrate Judge William P. Kelly on 7/19/2023. (djs)
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| Filing 25 CLERK'S NOTICE TO ATTORNEYS/PRO SE PARTY: Your case has been opened in the SDIA and assigned a new case number. Please review the attached document and forms for compliance with this Court's Local Rules. Rule 16 Notice of Dismissal set for 10/5/2023. (kjw) |
| Filing 24 Case transferred in from District of Missouri Western; Case Number 6:23-cv-03093. Original file |
| Chief Judge Stephanie M. Rose and Magistrate Judge William P. Kelly added. (kjw) |
| Case electronically transferred to Southern District of Iowa. This is a TEXT ONLY ENTRY. No document is attached. (Hanna, Jaime) |
| Filing 23 CLERK'S JUDGMENT (Diefenbach, Tracy) |
| Filing 22 Defendants' Motion to Dismiss for Improper Venue (Doc. #10) is DENIED AND THE ABOVE-CAPTIONED MATTER IS TRANSFERRED to the United States District Court for the Southern District of Iowa. Signed on 6/29/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy) |
| Filing 21 Joint MOTION for protective order filed by Matthew S. Robertson on behalf of Ralph Hawkins. Suggestions in opposition/response due by 7/12/2023 unless otherwise directed by the court. (Robertson, Matthew) |
| Filing 20 Joint PROPOSED SCHEDULING ORDER by Ralph Hawkins. (Robertson, Matthew) |
| Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John M. Brigg on behalf of Defendants Midwest Risk Management, LLC, Tom's Tree Service, LLC.(Brigg, John) |
| Filing 18 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Matthew S. Robertson on behalf of Plaintiff Ralph Hawkins.(Robertson, Matthew) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
| Filing 17 DESIGNATION OF MEDIATOR naming Charles Atwell(Robertson, Matthew) |
| Filing 16 REPLY SUGGESTIONS to motion re #10 MOTION to dismiss case filed by John M. Brigg on behalf of Defendants Midwest Risk Management, LLC, Tom's Tree Service, LLC. (Related document(s) #10 ) (Brigg, John) |
| Filing 15 SUGGESTIONS in opposition re #10 MOTION to dismiss case filed by Matthew S. Robertson on behalf of Plaintiff Ralph Hawkins. Reply suggestions due by 6/12/2023 unless otherwise directed by the court. (Related document(s) #10 ) (Robertson, Matthew) |
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Filing 14
ORDER granting #13 Plaintiff's motion for extension of time to file suggestions in opposition to re #10 MOTION to dismiss case. Plaintiff's suggestions in opposition to Defendants' motion to dismiss are due on May 29, 2023. Signed on 5/15/2023 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 13 Consent MOTION for extension of time to file response/reply as to #10 MOTION to dismiss case filed by Matthew S. Robertson on behalf of Ralph Hawkins. Suggestions in opposition/response due by 5/26/2023 unless otherwise directed by the court. (Related document(s) #10 ) (Robertson, Matthew) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 12
RULE 16 NOTICE. Proposed scheduling order due by 6/27/2023. Scheduling Conference set for 7/11/2023 10:30 AM by telephone before District Judge Brian C. Wimes. Signed on 5/4/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 11 SUGGESTIONS in support re #10 MOTION to dismiss case filed by John M. Brigg on behalf of Defendants Midwest Risk Management, LLC, Tom's Tree Service, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #10 ) (Brigg, John) |
| Filing 10 MOTION to dismiss case filed by John M. Brigg on behalf of Midwest Risk Management, LLC, Tom's Tree Service, LLC. Suggestions in opposition/response due by 5/18/2023 unless otherwise directed by the court. (Brigg, John) |
| Filing 9 DISCLOSURE OF CORPORATE INTERESTS filed by John M. Brigg on behalf of Defendant Midwest Risk Management, LLC.(Brigg, John) |
| Filing 8 DISCLOSURE OF CORPORATE INTERESTS filed by John M. Brigg on behalf of Defendant Tom's Tree Service, LLC.(Brigg, John) |
| Filing 7 NOTICE of appearance by Joseph J. Roper on behalf of Midwest Risk Management, LLC, Tom's Tree Service, LLC (Attorney Joseph J. Roper added to party Midwest Risk Management, LLC(pty:dft), Attorney Joseph J. Roper added to party Tom's Tree Service, LLC(pty:dft))(Roper, Joseph) |
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Filing 6
ORDER GRANTING Defendants' Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint #5 . Defendants shall respond on or before May 4, 2023. Signed on 4/21/23 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 5 MOTION for extension of time to file answer or Otherwise Respond to Plaintiff's Complaint filed by John M. Brigg on behalf of Midwest Risk Management, LLC, Tom's Tree Service, LLC. Suggestions in opposition/response due by 5/3/2023 unless otherwise directed by the court. (Attorney John M. Brigg added to party Midwest Risk Management, LLC(pty:dft), Attorney John M. Brigg added to party Tom's Tree Service, LLC(pty:dft))(Brigg, John) |
| Filing 4 RETURN OF SERVICE of complaint executed by Ralph Hawkins. Midwest Risk Management, LLC served on 3/31/2023, answer due 4/21/2023. (Attachments: #1 Exhibit Server's affidavit)(Robertson, Matthew) |
| Filing 3 RETURN OF SERVICE of complaint executed by Ralph Hawkins. Tom's Tree Service, LLC served on 4/5/2023, answer due 4/26/2023. (Attachments: #1 Exhibit Server's affidavit)(Robertson, Matthew) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Siegert, Karen) |
| Filing 1 COMPLAINT against Midwest Risk Management, LLC, Tom's Tree Service, LLC filed by Matthew S. Robertson on behalf of Ralph Hawkins. Filing fee $402, receipt number AMOWDC-8390580. Service due by 6/28/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Robertson, Matthew) |
| SUMMONS ISSUED as to Midwest Risk Management, LLC, Tom's Tree Service, LLC. (Siegert, Karen) |
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