Seneca Companies Inc v. D&H United Fueling Solutions, Inc. et al
| Seneca Companies Inc and Seneca Companies, Inc. |
| D&H United Fueling Solutions, Inc. and JF Acquisition, LLC |
| 4:2024cv00023 |
| January 22, 2024 |
| US District Court for the Southern District of Iowa |
| Rebecca Goodgame Ebinger |
| William P Kelly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 51 STATUS REPORT REGARDING (1) STIPULATED EXPEDITED DISCOVERY PLAN BETWEEN PLAINTIFF SENECA AND DEFENDANT D&H; AND (2) FORTHCOMING STIPULATED BRIEFING SCHEDULE ON SENECAS MOTION FOR PRELIMINARY INJUNCTION, EXTENDING DATE FOR DEFENDANT D&HS RESPONSE BRIEF by D&H United Fueling Solutions, Inc.. (McMillin, Scott) |
| Filing 50 RESPONSE to Motion re #27 MOTION for Preliminary Injunction filed by JF Acquisition, LLC. Replies due by 3/27/2024. (Attachments: #1 Exhibit Declaration of Darien Berg, #2 Exhibit Declaration of Keith Shadrick)(Jones, Samuel) |
| Filing 49 Second AMENDED COMPLAINT against D&H United Fueling Solutions, Inc., JF Acquisition, LLC filed by Seneca Companies, Inc. (sml) |
Filing 48
TEXT ORDER granting #47 Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint. The Clerk of Court is directed to detach and file [47-1] Plaintiff's Second Amended Complaint. Defendants have until 4/5/2024 to submit responsive pleadings to the Second Amended Complaint. Signed by Magistrate Judge William P. Kelly on 3/12/2024. (djs)
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| Filing 47 Unresisted MOTION for Leave to File Second Amended Complaint by Seneca Companies, Inc..Motions referred to William P. Kelly. Responses due by 3/26/2024. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Redline)(Cook, Guy) |
| Filing 46 Corporate Disclosure/Statement of Interest by D&H United Fueling Solutions, Inc.. (McMillin, Scott) |
| Filing 45 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge William P. Kelly: Motion Hearing held on 3/8/2024 re #30 Motion to Expedite Discovery filed by Seneca Companies, Inc. Attorney David Harper argued for Plaintiff. Attorney Scott McMillin argued for Defendant D&H United Fueling Solutions. Attorney Samuel Jones argued for Defendant JF Acquisition. Other attorneys for all parties were present and did not argue. The Court took the Motion under advisement. Ruling to follow. Total Court time: 50 minutes. (Court Reporter Tonya Gerke.) (djs) |
| Filing 44 REPLY to Defendants' Resistances re #30 MOTION to Expedite Discovery filed by Seneca Companies, Inc..(Cook, Guy) |
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Filing 43
TEXT ORDER CANCELLING STATUS CONFERENCE. Due to the hearing that is now set for 3/8/2024, the 3/18/2024 Status Conference is cancelled. Signed by Magistrate Judge William P. Kelly on 3/5/2024. (djs)
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| Filing 42 AMENDED DOCUMENT by Seneca Companies, Inc.. Corporate Disclosures. (Cook, Guy) Modified on 3/6/2024 linked to #17 (kjw). |
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Filing 41
TEXT ORDER SETTING MOTION HEARING. A Motion Hearing regarding Plaintiff's Motion to Expedite Discovery #30 is set for 3/8/2024 at 10:00 AM in Des Moines Courthouse via Zoom Video Proceeding before Magistrate Judge William P. Kelly. Signed by Magistrate Judge William P. Kelly on 3/5/2024. (djs)
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| Filing 40 RESPONSE to Motion re #30 MOTION to Expedite Discovery DEFENDANT, D&H UNITED FUELING SOLUTIONS, INC.S RESISTANCE TO PLAINTIFFS MOTION FOR EXPEDITED DISCOVERY filed by D&H United Fueling Solutions, Inc.. Replies due by 3/11/2024. (Attachments: #1 Exhibit Ex. A - 2024-03-01 Crossan Confidential Declaration, #2 Exhibit Ex. B - Matt Jenkins Declaration, #3 Exhibit Ex. C - 2024-02-20 McMillin Ltr to Harper)(McMillin, Scott) |
| Filing 39 RESPONSE to Motion re #30 MOTION to Expedite Discovery (Def JF Acquisition's Resistance to Motion to Expedite Discovery) filed by JF Acquisition, LLC. Replies due by 3/11/2024. (Attachments: #1 Declaration - Crossan, #2 Declaration - Shadrick, #3 Declaration - Gilmer, #4 Ex. 1 to Resistance, #5 Ex. 2 to Resistance, #6 Ex. 3 to Resistance, #7 Ex. 4 to Resistance)(Blais, Jackson) |
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Filing 38
TEXT ORDER granting #37 Defendants' Unopposed Joint Motion for Extensions of Time to Respond to First Amended Complaint and Motion for Preliminary Injunction. The Court finds good cause to extend Defendants' deadline to respond to the First Amended Complaint to 3/13/2024, and their deadline to respond to the Motion for Preliminary Injunction to 3/20/2024. Signed by Magistrate Judge William P. Kelly on 3/1/2024. (djs)
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| Filing 37 Joint MOTION for Extension of Time to File Defendants' Joint Motion for Extensions of Time to Respond to First Amended Complaint and Motion for Preliminary Injunction-Unopposed by Plaintiff by D&H United Fueling Solutions, Inc..Motions referred to William P. Kelly. Responses due by 3/15/2024. (Howell, Troy) |
| Filing 36 *Supplemental* Corporate Disclosure/Statement of Interest by JF Acquisition, LLC. (Jones, Samuel) Modified on 2/28/2024 to edit text (sml). |
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Filing 35
TEXT ORDER SETTING STATUS CONFERENCE. A Telephonic Status Conference is set for 3/18/2024 at 11:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 to be connected to the call. Signed by Magistrate Judge William P. Kelly on 2/27/2024. (djs)
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Filing 34
TEXT ORDER ACCELERATING DEADLINE TO RESPOND. Defendants shall respond to Plaintiff's Motion for Expedited Discovery #30 by 3/4/2024. Signed by Magistrate Judge William P. Kelly on 2/27/2024. (djs)
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Filing 33
TEXT ORDER finding as moot #28 Motion to Seal. Per #31 Plaintiff's Notice of Withdrawal of its Motion to Seal, the Court finds Plaintiff's Motion to Seal is now moot and no further action needs to be taken thereon. Signed by Magistrate Judge William P. Kelly on 2/26/2024. (djs)
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| Filing 32 SUPPLEMENT/ADDENDUM by Seneca Companies, Inc.. re #27 Motion for Preliminary Injunction (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5)(Cook, Guy) Modified on 2/27/2024, to create link to motion #27 (sml). |
| Filing 31 NOTICE by Seneca Companies, Inc. re #28 MOTION to Seal Exhibits for Dkt 27 Notice of Withdrawal of Motion to Seal. (Cook, Guy) |
| Set Deadlines/Hearings: Corporate Disclosure Statement deadline set for defendant, D&H United Fueling Solutions, Inc. for 3/11/2024. (kjw) |
| Filing 30 MOTION to Expedite Discovery by Seneca Companies, Inc..Motions referred to William P. Kelly. Responses due by 3/8/2024. (Attachments: #1 Brief in Support, #2 Exhibit A (Requests for Production), #3 Exhibit B (Interrogatories))(Cook, Guy) |
| Filing 29 Errata Exhibit 1-Declaration of James C. Risewick re #27 Motion for Preliminary Injunction, filed by Seneca Companies, Inc.. (Cook, Guy) |
| Filing 28 MOTION to Seal Exhibits for Dkt 27 by Seneca Companies, Inc..Motions referred to William P. Kelly. Responses due by 3/6/2024. (Cook, Guy) |
| Filing 27 MOTION for Preliminary Injunction by Seneca Companies, Inc..Motions referred to William P. Kelly. Responses due by 3/6/2024. (Attachments: #1 Brief in Support, #2 Exhibit Declaration of James C. Risewick, #3 Exhibit Exhibit 6, #4 Exhibit Exhibit 7)(Cook, Guy) |
| Filing 26 First AMENDED COMPLAINT against D&H United Fueling Solutions, Inc., JF Acquisition, LLC., filed by Seneca Companies, Inc..(Cook, Guy) |
| Filing 25 NOTICE of Appearance by Robert VP Waterman, Jr on behalf of Seneca Companies, Inc. (Waterman, Robert) |
| Filing 24 Corporate Disclosure/Statement of Interest by JF Acquisition, LLC. (Jones, Samuel) |
| Filing 23 Defendant D&H United Fueling Solutions, Inc.'s Answer and Affirmative Defenses ANSWER to Complaint by D&H United Fueling Solutions, Inc..(McMillin, Scott) |
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Filing 22
TEXT ORDER granting #19 Defendant JF Acquisition, LLC's Unopposed Motion for Extension of Time to Answer. The Court finds good cause to extend the deadline for JF Acquisition to answer or otherwise respond to 3/1/2024. Signed by Magistrate Judge William P. Kelly on 2/14/2024. (djs)
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| Filing 21 NOTICE of Appearance by Teresa B. Morio on behalf of JF Acquisition, LLC (Morio, Teresa) |
| Filing 20 NOTICE of Appearance by Jackson C. Blais on behalf of JF Acquisition, LLC (Blais, Jackson) |
| Filing 19 Unresisted MOTION for Extension of Time to File Answer re #1 Complaint, by JF Acquisition, LLC.Motions referred to William P. Kelly. (Jones, Samuel) |
| Filing 18 NOTICE of Appearance by Samuel E. Jones on behalf of JF Acquisition, LLC (Jones, Samuel) |
| Filing 17 Corporate Disclosure/Statement of Interest by Seneca Companies, Inc.. (Cook, Guy) |
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Filing 16
TEXT ORDER granting #13 Motion for Leave to Appear Pro Hac Vice David J. Ogles. Signed by Magistrate Judge William P. Kelly on 2/2/2024. (nla)
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Filing 15
TEXT ORDER granting #12 Motion for Leave to Appear Pro Hac Vice Kaitlyn M. O'Boye; granting #14 Motion for Leave to Appear Pro Hac Vice Scott McMillin. Signed by Magistrate Judge William P. Kelly on 2/1/2024. (nla)
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5361185 Fee paid in the amount of $100. by D&H United Fueling Solutions, Inc.. (Howell, Troy) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5361178 Fee paid in the amount of $100. by D&H United Fueling Solutions, Inc.. (Howell, Troy) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5361152 Fee paid in the amount of $100. by D&H United Fueling Solutions, Inc.. (Howell, Troy) |
| Filing 11 SUMMONS Returned Executed by Seneca Companies Inc. D&H United Fueling Solutions, Inc. served on 1/24/2024, answer due 2/14/2024. (Cook, Guy) |
| Filing 10 SUMMONS Returned Executed by Seneca Companies Inc. JF Acquisition, LLC served on 1/25/2024, answer due 2/15/2024. (Cook, Guy) |
| Filing 9 NOTICE of Appearance by Troy A. Howell on behalf of D&H United Fueling Solutions, Inc. (Howell, Troy) |
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Filing 8
TEXT ORDER granting #7 Motion for Leave to Appear Pro Hac Vice Alexandra Larkin. Signed by Magistrate Judge William P. Kelly on 1/24/2024. (nla)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5353626 Fee paid in the amount of $100. by Seneca Companies Inc. (Larkin, Alexandra) |
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Filing 6
TEXT ORDER granting #3 Motion for Leave to Appear Pro Hac Vice David H. Harper; granting #4 Motion for Leave to Appear Pro Hac Vice Jason N. Jordan; granting #5 Motion for Leave to Appear Pro Hac Vice Ethan Kerstein. Signed by Magistrate Judge William P. Kelly on 1/24/2024. (btg)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5353064 Fee paid in the amount of $100. by Seneca Companies Inc. (Kerstein, Ethan) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5353062 Fee paid in the amount of $100. by Seneca Companies Inc. (Jordan, Jason) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5353050 Fee paid in the amount of $100. by Seneca Companies Inc. (Harper, David) |
| Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for plaintiff 2/13/2024. (Attachments: #1 LR 7.1 Packet) (bp) |
| Filing 1 COMPLAINT against D&H United Fueling Solutions, Inc., JF Acquisition, LLC Filing fee paid in the amount of $ 405, receipt number AIASDC-5351140., filed by Seneca Companies Inc. Notice of Dismissal for lack of Service deadline set for 4/22/2024. Rule 16 Notice of Dismissal set for 4/22/2024.(Cook, Guy) |
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