J. S. Haren Company v. Smith & Loveless, Inc. (TV2)
Plaintiff: J. S. Haren Company
Defendant: Smith & Loveless Inc
Counter Defendant: Merchants National Bonding, Inc.
Case Number: 2:2019cv02696
Filed: November 12, 2019
Court: US District Court for the District of Kansas
Presiding Judge: Kenneth G Gale
Referring Judge: John W Lungstrum
2 Judge: J Thomas Marten
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2021 Filing 65 STIPULATION OF DISMISSAL by Smith & Loveless Inc. (Sanders, Dan)
July 1, 2021 ***Civil Case Terminated pursuant to #65 Stipulation of Dismissal.(ca)
April 22, 2021 Opinion or Order Filing 64 ORDER. The parties have advised the Court of a probable settlement. The Pretrial Conference and the deadline to file dispositive motions are cancelled. The parties shall submit a status report to the Magistrate Judge by July 2, 2021 if this matter is not dismissed before that date. Signed by Magistrate Judge Kenneth G. Gale on 4/22/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
April 19, 2021 Opinion or Order Filing 63 ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Lungstrum for all further proceedings. District Judge J. Thomas Marten no longer assigned to case. Signed by District Judge J. Thomas Marten on 4/19/2021. (mam)
March 18, 2021 Opinion or Order Filing 62 REVISED SCHEDULING ORDER: Discovery deadline 4/30/2021. Dispositive motion deadline 5/28/2021. Proposed Pretrial Order due by 5/6/2021. Final Pretrial Conference reset for 5/13/2021 at 10:00 AM before Magistrate Judge Kenneth G. Gale. Granting #60 Plaintiff's Motion for Extension of Time. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 3/18/21. (aw)
March 18, 2021 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: TELEPHONE CONFERENCE held on 3/18/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
March 15, 2021 Filing 61 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Telephone Conference set for 3/18/2021 at 10:00 AM before Magistrate Judge Kenneth G. Gale. Counsel should call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703. The purpose of the call is to discuss Plaintiff's Motion for Extension of Time to Disclose Rebuttal Expert [Doc. 60]. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
February 26, 2021 Filing 60 MOTION for extension of time to Disclose Rebuttal Expert by Plaintiff J. S. Haren Company (referred to Magistrate Judge Kenneth G. Gale) (Quinn, Colin)
February 12, 2021 Filing 59 NOTICE OF SERVICE by J. S. Haren Company of Interrogatories and Requests for Production of Documents (Quinn, Colin)
January 29, 2021 Filing 58 EXPERT WITNESS DESIGNATION by Smith & Loveless Inc.(Sanders, Dan)
January 6, 2021 Filing 57 JOINT MEDIATION NOTICE - Mediation to be held 01/20/21 by J. S. Haren Company (Quinn, Colin)
December 29, 2020 Opinion or Order Filing 56 ORDER granting #55 Joint Motion for Extension to Scheduling Order. The Mediation deadline is extended to 1/20/2021. All other unexpired deadlines and hearings set in the Scheduling Order [Doc. 50] remain unchanged. Signed by Magistrate Judge Kenneth G. Gale on 12//29/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
December 29, 2020 Filing 55 Joint MOTION to Amend Scheduling Order and Journal Entry as to Mediation Deadline by Plaintiff J. S. Haren Company (referred to Magistrate Judge Kenneth G. Gale) (Quinn, Colin)
September 19, 2020 Opinion or Order Filing 54 ORDER granting #53 Plaintiff's Unopposed Motion for Extension to Scheduling Order as to ADR/Mediation Deadlines. Plaintiff's good faith settlement proposal shall be submitted to defendant by 11/10/2020; defendant's good faith counter-proposal be submitted by 11/20/2020. Joint Mediation Notice filed or confidential settlement reports submitted to Magistrate Judge by 12/1/2020. Deadline to conduct Mediation extended to 12/31/2020. Signed by Magistrate Judge Kenneth G. Gale on 9/18/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
September 16, 2020 Filing 53 Unopposed MOTION for extension of time to Exend Scheduling Order as to ADR/Mediation Deadlines by Plaintiff J. S. Haren Company (referred to Magistrate Judge Kenneth G. Gale) (Quinn, Colin)
August 28, 2020 Opinion or Order Filing 52 ORDER granting, as unopposed, #51 Motion to Amend #50 Scheduling Order to extend the deadline for any motion for leave to amend pleadings and/or join additional parties. The deadline is hereby extended to October 1, 2020. Signed by Magistrate Judge Kenneth G. Gale on 8/28/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
August 27, 2020 Filing 51 MOTION to Amend Scheduling Order by Defendant Smith & Loveless Inc (referred to Magistrate Judge Kenneth G. Gale) (Sanders, Dan)
April 2, 2020 Opinion or Order Filing 50 SCHEDULING ORDER: Estimated trial time five days. Discovery deadline 3/30/2021. Dispositive motion deadline 4/30/2021. Mediation deadline 10/30/2020. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 10/1/2020. Proposed Pretrial Order due by 4/6/2021. Jury Instruction Conference set for 10/4/2021 at 03:00 PM in KC Courtroom (Unknown) before District Judge J. Thomas Marten. Jury Trial set for 10/5/2021 at 09:00 AM in KC Courtroom (Unknown) before District Judge J. Thomas Marten. Final Pretrial Conference set for 4/13/2021 at 02:00 PM before Magistrate Judge Kenneth G. Gale. In Limine Conference set for 9/29/2021 at 03:00 PM by telephone before District Judge J. Thomas Marten. See attached Order for additional deadlines. Signed by Magistrate Judge Kenneth G. Gale on 4/2/20. (aw)
April 1, 2020 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 4/1/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
March 26, 2020 MINUTE ENTRY to Reset Hearings: Due to the high volume of calls on the AT&T nationwide conference bridge used by the U.S. Courts, the Scheduling Conference is RESET from 2:00 PM to 02:20 PM (CDT) on 4/1/2020 before Magistrate Judge Kenneth G. Gale. Counsel who plan to participate should call CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703. PLEASE NOTE THIS IS A CHANGE IN THE TIME ONLY. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
February 11, 2020 Filing 49 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 2/11/2020, Scheduling Conference continued to 4/1/2020 at 02:00 PM by telephone before Magistrate Judge Kenneth G. Gale. Counsel should call 888-363-4749 and enter access code 5407703 as participants. An updated Report of Parties Planning Conference should be submitted by 3/26/2020 sent to KSD_Gale_Chambers@ksd.uscourts.gov. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
February 6, 2020 Filing 48 NOTICE OF SERVICE by J. S. Haren Company, Merchants National Bonding, Inc. of Rule 26 Initial Disclosures (Quinn, Colin)
February 5, 2020 Filing 47 CERTIFICATE OF SERVICE of Defendant's Initial Rule 26 Disclosures by Smith & Loveless Inc. (Sanders, Dan)
January 3, 2020 Filing 46 DOCKET ANNOTATION re #45 : Document attached with the corrected case caption. This entry is for notification purposes only. (mam)
January 3, 2020 Opinion or Order Filing 45 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 2/11/2020 at 11:00 AM (CST) by telephone before Magistrate Judge Kenneth G. Gale. Counsel should call 888-363-4749 and enter access code 5407703 as participants. Report of Parties Planning Meeting deadline 2/5/2020. Rule 26 Initial Disclosures Deadline set for 2/5/2020. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 1/3/2020. (aw) (Additional attachment(s) added on 1/3/2020: #1 Corrected Main Document) (mam).
December 26, 2019 Filing 44 ANSWER to #32 Answer to Complaint,, Counterclaim, Reply to Counterclaim of Smith & Loveless, Inc. by Merchants National Bonding, Inc..(Quinn, Colin)
December 20, 2019 Opinion or Order Filing 43 ORDER granting #40 Motion to Appear Pro Hac Vice of attorney James D. Lawson as counsel for J. S. Haren Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 12/20/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
December 20, 2019 Filing 42 ELECTRONIC FILING REGISTRATION FORM of James Davies Lawson re motion for leave to appear pro hac vice #40 by Plaintiff J. S. Haren Company(Quinn, Colin)
December 20, 2019 Opinion or Order Filing 41 ORDER finding as moot #37 Motion to Appear Pro Hac Vice pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. A second motion (Doc. 40) for Mr. Lawson has been filed. Signed by Magistrate Judge Kenneth G. Gale on 12/20/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
December 20, 2019 Filing 40 MOTION for attorney James Davies Lawson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5012271.) by Plaintiff J. S. Haren Company (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit)(Quinn, Colin)
December 15, 2019 Filing 39 RETURN OF SERVICE of Merchants National Bonding, Inc. filed by Counter Claimant Smith & Loveless Inc, Defendant Smith & Loveless Inc (Sanders, Dan)
December 13, 2019 Filing 38 ANSWER to #32 Counterclaim of Smith & Loveless, Inc., by J. S. Haren Company.(Quinn, Colin) Modified title and link on 12/13/2019 (smc).
December 13, 2019 Filing 37 MOTION for attorney James Davies Lawson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5006480.) by Plaintiff J. S. Haren Company (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit Exhibit A)(Quinn, Colin)
December 13, 2019 Filing 36 ENTRY OF APPEARANCE by Colin M. Quinn on behalf of J. S. Haren Company. (Quinn, Colin)
December 13, 2019 NOTICE OF DEFICIENCY - Pro hac vice attorney packets must include an ink signed ECF form to be considered complete. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (gw)
December 6, 2019 Filing 35 CORPORATE DISCLOSURE STATEMENT by Smith & Loveless Inc identifying None as corporate parent (Sanders, Dan)
December 6, 2019 SUMMONS ISSUED as to Merchants National Bonding, Inc. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
December 5, 2019 Filing 34 NOTICE OF SERVICE by Smith & Loveless Inc of Answer and Counterclaim (Sanders, Dan)
December 5, 2019 Filing 33 WITHDRAWAL OF COUNSEL by Daniel Beasley and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Dan C. Sanders on behalf of Smith & Loveless Inc (Sanders, Dan)
November 26, 2019 DOCKET ANNOTATION: Due to technical failure of the court's CM/ECF site, docket entry #32 was submitted to the clerk on 11/25 for filing. (heo)
November 25, 2019 Filing 32 ANSWER to #1 Complaint, COUNTERCLAIM against J. S. Haren Company, Merchants National Bonding, Inc. by Smith & Loveless Inc. (Attachments: #1 Exhibit 1 - Sales Agreement, #2 Exhibit 2 - Payment Bond)(heo) (Modified on 12/13/2019 to add J.S. Haren Company as counterclaim defendant. (heo))
November 12, 2019 Filing 31 Letter from the clerk to counsel regarding pro hac vice requirements. (hw)
November 12, 2019 Filing 30 CASE TRANSFERRED IN from District of Tennessee Eastern; Case Number 1:19-cv-00205. Electronic file certified copy of transfer order and docket sheet received. (hw)
November 12, 2019 Opinion or Order Filing 29 ORDER: The Court ACCEPTS the R&R [Doc. #28 ] in full pursuant to 28 U.S.C. 636(b)(1). Defendant's Motion to Transfer Venue and for Extension of Time to File Responsive Pleading [Doc. #16 ] is GRANTED in part, in that the Court ORDERS this case transferred to the United States District Court for the District of Kansas for further proceedings. The motion is also DENIED in part, in that defendant's request for an extension of time to file a responsive pleading is DENIED AS MOOT. Signed by District Judge Thomas A Varlan on 11/12/19. (JBR) [Transferred from Tennessee Eastern on 11/12/2019.]
November 12, 2019 Case transferred to District of Kansas. Certified copy of transfer order, and docket sheet sent. (JBR) [Transferred from Tennessee Eastern on 11/12/2019.]
September 30, 2019 Filing 28 REPORT AND RECOMMENDATIONS re #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading filed by Smith & Loveless, Inc. Signed by Magistrate Judge Susan K Lee on 9/30/2019. (BDG) [Transferred from Tennessee Eastern on 11/12/2019.]
September 26, 2019 Opinion or Order Filing 27 ORDER: The Court hereby HOLDS IN ABEYANCE the current Scheduling Order [Doc. #26 ] until a ruling on defendant's motion [Doc. #16 ] is entered. Signed by District Judge Thomas A Varlan on 9/26/19. (JBR) [Transferred from Tennessee Eastern on 11/12/2019.]
September 19, 2019 Opinion or Order Filing 26 SCHEDULING ORDER: Bench Trial set for 2/16/2021 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 2/9/2021 02:30 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Signed by District Judge Thomas A Varlan on 9/19/19. (JBR) [Transferred from Tennessee Eastern on 11/12/2019.]
September 19, 2019 Filing 25 REPLY to Response to Motion re #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading filed by Smith & Loveless, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of John A. Colfax)(Beasley, Daniel) [Transferred from Tennessee Eastern on 11/12/2019.]
September 18, 2019 Opinion or Order Filing 24 ORDER REFERRING MOTION: #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading filed by Smith & Loveless, Inc. Signed by District Judge Thomas A Varlan on 9/18/19. (JBR) [Transferred from Tennessee Eastern on 11/12/2019.]
September 17, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to File Response/Reply as unopposed. Defendant shall have an extension until September 20, 2019, to file a reply in support of its motion to transfer venue. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (RFH) [Transferred from Tennessee Eastern on 11/12/2019.]
September 16, 2019 Filing 22 MOTION for Extension of Time to File Response/Reply as to #20 Response to Motion by Smith & Loveless, Inc.. (Beasley, Daniel) [Transferred from Tennessee Eastern on 11/12/2019.]
September 9, 2019 Filing 21 MEMORANDUM in Support re #20 Response to Motion to Transfer Venue. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
September 9, 2019 Filing 20 RESPONSE to Motion re #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading filed by J. S. Haren Company. (Attachments: #1 Affidavit Exhibit 1 to Response)(Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
August 28, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Response/Reply. Plaintiff shall have up to and including September 10, 2019, in which to respond to defendants motion to transfer venue. Signed by District Judge Thomas A Varlan on 8/28/2019. (KMK) [Transferred from Tennessee Eastern on 11/12/2019.]
August 28, 2019 Filing 18 MOTION for Extension of Time to File Response/Reply as to #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
August 20, 2019 Filing 17 MEMORANDUM in Support of Motion re #16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading filed by Smith & Loveless, Inc.. (Attachments: #1 Exhibit 1 - Sales Agreement, #2 Exhibit 2 - John A. Colfax's Affidavit)(Beasley, Daniel) [Transferred from Tennessee Eastern on 11/12/2019.]
August 20, 2019 Filing 16 MOTION To Transfer Venue and for Extension of Time to File Responsive Pleading by Smith & Loveless, Inc.. (Beasley, Daniel) [Transferred from Tennessee Eastern on 11/12/2019.]
August 5, 2019 Filing 15 AFFIDAVIT of Service for Summons Complaint served on Lanette M. Wickham, Registered Agent for Service on July 31, 2019, filed by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 24, 2019 Opinion or Order Filing 14 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice by Attorney James D. Lawson on behalf of Plaintiff J. S. Haren Company. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge Susan K. Lee on 07/24/2019. (KRS) [Transferred from Tennessee Eastern on 11/12/2019.]
July 18, 2019 Filing 13 Summons Issued as to J. S. Haren Company. (BDG) [Transferred from Tennessee Eastern on 11/12/2019.]
July 18, 2019 Clerk's Verification of PHV Requirements is complete regarding document: #12 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-4024608.) filed by J. S. Haren Company as to J. S. Haren Company. (BDG) [Transferred from Tennessee Eastern on 11/12/2019.]
July 17, 2019 Filing 12 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-4024608.) by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 17, 2019 Filing 11 SUPPLEMENT to #2 Supplement Summons in a Civil Case by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 17, 2019 Filing 10 Administrative Notice to Counsel #9 Supplement :Summons filled out improperly and is interactive. requirements due by 7/22/2019. (BDG) [Transferred from Tennessee Eastern on 11/12/2019.]
July 16, 2019 Filing 9 SUPPLEMENT to #2 Supplement Summons in a Civl Case by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 16, 2019 Filing 8 Certificate of Corporate Interest by J. S. Haren Company. (Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 Filing 7 NOTICE of Deficiency (Pro Hac) as to attorney James D Lawson. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 Opinion or Order Filing 6 Order Governing Sealing Confidential Information.Signed by District Judge Thomas A Varlan on 7/15/19. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 Opinion or Order Filing 5 Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 7/15/19. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 Opinion or Order Filing 4 Order Governing Depositions. Signed by District Judge Thomas A Varlan on 7/15/19. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 Filing 3 Administrative Notice to Counsel #2 Supplement : requirements due by 7/22/2019. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 15, 2019 NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 12, 2019 District Judge Thomas A Varlan and Magistrate Judge Susan K Lee added. (KFB) [Transferred from Tennessee Eastern on 11/12/2019.]
July 12, 2019 Filing 2 SUPPLEMENT to #1 Complaint Summons in a Civil Case by J. S. Haren Company. (Attachments: #1 Other Civil Cover Sheet)(Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]
July 12, 2019 Filing 1 COMPLAINT against Smith & Loveless, Inc. ( Filing fee $ 400 receipt number 0649-4020934.), filed by J. S. Haren Company. (Attachments: #1 Exhibit Exhibit 1 - Sales Agreement)(Lawson, James) [Transferred from Tennessee Eastern on 11/12/2019.]

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Defendant: Smith & Loveless Inc
Represented By: Dan C. Sanders
Represented By: Dan Crane Sanders
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Plaintiff: J. S. Haren Company
Represented By: Colin M. Quinn
Represented By: James D. Lawson
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Counter defendant: Merchants National Bonding, Inc.
Represented By: Colin M. Quinn
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